SECTION-BY-SECTION OF AMENDED VERSION OF H.R.

3619,
THE COAST GUARD AUTHORIZATION ACT OF 2010

Section 1. Short Title; Table of Contents.

This section would provide that this Act may be cited as the “Coast Guard Authorization Act
of 2010”.

TITLE I. AUTHORIZATION

Section 101. Authorization of Appropriations

This section would authorize $8.803 billion in discretionary spending for fiscal year 2011, an
increase of $337 million (4.3%) over the President’s FY 2011 request, and an increase of
$262 million (3.1%) over FY 2010 enacted levels. This section would authorize
appropriations for FY 2010, including for: (1) operation and maintenance; (2) acquisition,
construction, rebuilding, and improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft; (3) research, development, test, evaluation, aids to
navigation, marine safety, marine environmental protection, enforcement of laws and
treaties, ice operations, oceanographic research, and defense readiness; (4) retired pay,
payments under the Retired Serviceman's Family Protection and Survivor Benefit Plans,
and payments for medical care of retired personnel and their dependents; (5) alteration or
removal of bridges over navigable waters of the United States constituting obstructions to
navigation; (6) environmental compliance and restoration at Coast Guard facilities; and (7)
the Coast Guard Reserve program.

Section 102. Authorized Levels of Military Strength and Training.

This section would authorize an end-of-year strength for active duty personnel of 47,000
persons, an increase of 1,500 from the FY06 authorized level of 45,500.

TITLE II. COAST GUARD

Section 201. Appointment of Civilian Coast Guard Judges

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

Section 202. Industrial Activities

This section would authorize Coast Guard industrial activities facilities, such as the Coast
Guard Yard in Baltimore, Maryland, and the Aircraft Logistics Center in Elizabeth City, North

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Carolina, to enter into reimbursable agreements to perform work for agencies in the
Department of Defense.

Section 203. Reimbursement for Medical-Related Travel Expenses

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

Section 204. Commissioned Officers

This section would revise the requirements regarding the number and distribution of
commissioned officers on the active duty promotion list. It will make permanent the
temporary increase in the Coast Guard's allowable number of officers to 7,200. It would also
provide a temporary two percent (2%) increase, or buffer, to accommodate a recurrent and
temporary, annual spike in the number of Coast Guard commissioned officers.

Section 205. Coast Guard Participation in the Armed Forces Retirement Home (AFRH)
System
This section would amend the Armed Forces Retirement Home Act of 1991 to include the
Coast Guard in the Armed Forces retirement home system. This would authorize Coast
Guard veterans to have the same access to the AFRH system as retirees from the other
military services.

Section 206. Grants to International Maritime Organizations

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

Section 207. Leave Retention Authority

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

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Section 208.Enforcement Authority.1
This section would make a technical correction to transfer from title 46 to title 14, United
States Code, a provision regarding the Coast Guard's law enforcement authorities at
onshore facilities.

Section 209. Repeal

This section would repeal 14 U.S.C. Sec. 216, which requires the initial appointment of the
Director of Boating Safety Office to be the grade of Captain.

Section 210. Merchant Mariner Medical Advisory Committee.

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

Section 211. Reserve Commissioned Warrant Officer to Lieutenant Program.

The provision would authorize the President to promote a commissioned Coast Guard
warrant officer in regular and reserve service to the grade of lieutenant on a temporary
basis in accordance with the needs of the Service.

Section 212. Enhanced Status Quo Officer Promotion System.

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

Section 213. Coast Guard Vessels and Aircraft

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

1
Italicized text indicates provisions not found in S. 1194, the Coast Guard Authorization Act for Fiscal
Years 2010 and 2011, or the Senate-passed version of H.R. 3619.

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Section 214. Coast Guard District Ombudsmen
This section would require the appointment of a Coast Guard District Ombudsman in each
Coast Guard district. Those individuals appointed as District Ombudsmen must have
experience in port and transportation systems, and maritime commerce. The purpose of the
District Ombudsmen will be to resolve disputes between the Coast Guard and ports, labor,
ship owners, and terminal operators regarding requirements imposed or services provided
by the Coast Guard. The District Ombudsmen shall develop guidelines regarding the types
of disputes with respect to which the ombudsman can provide assistance; priority shall be
given to petitioners who believe they will suffer a significant hardship as the result of
implementing a Coast Guard requirement or being denied a Coast Guard service. The
District Ombudsman is empowered to consult with Coast Guard personnel, and review any
document that will aid an investigation. Complaints are to be addressed within four months
of being submitted to the District Ombudsman.

Section 215. Coast Guard Commissioned Officers: Compulsory Retirement.

This section would require any regular commissioned officer, except a commissioned
warrant officer, who serves in a grade below rear admiral (lower half) to be retired on the
first day of the following month when the officer becomes 62 years of age. This section
would also require regular commissioned officers with the grade of rear admiral (lower half)
and above to be retired on the first day of the following month when the officer becomes 64
years of age.

Section 216. Enforcement of Coastwise Trade Laws

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

Section 217. Report on Sexual Assaults in the Coast Guard

This section would require the Commandant of the Coast Guard (Commandant) to submit
an annual report to Congress on sexual assaults involving members of the Coast Guard.

Section 218. Home Port of Coast Guard Vessels in Guam

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

Section 219. Supplemental Positioning System

This section would require the Secretary of Homeland Security, in consultation with the
Secretary of Transportation to conduct a study to determine whether there is a need for

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supplemental air and maritime navigation system as a backup to Global Positioning System.
This study would be submitted not later than 1 year after enactment.

Section 220. Assistance to Foreign Governments and Maritime Authorities

This section would amend14 U.S.C Sec. 149 to authorize the Commandant to use funds for
various activities to assist foreign governments and maritime authorities, including
transportation expenses, translation services, transportation expenses, conferences, and
publications pertinent to engagement with maritime authorities of foreign governments.

Section 221. Coast Guard Housing

This section would amend 14 U.S.C. Chapter 18 to authorize the Coast Guard to convey, at
fair market value, real property, owned or under administrative control of the Coast Guard,
for the purpose of expending the proceeds from such conveyance to acquire and construct
military family housing.

Section 222. Child Development Services

This section would amend 14 U.S.C. Sec. 515 to authorize the Commandant to use
appropriated funds available to the Coast Guard to provide child development services.
The Commandant would be able to collect fees to be charged parents for attendance of
children at Coast Guard child development centers.

Section 223. Chaplain Activity Expense.

This section would amend 14 U.S.C. Sec. 145 to expand the chaplain support services
provided by the Secretary of the Navy to Coast Guard members on active duty, their
dependents and members of the reserve component in an active status in building and
maintaining a strong family structure. These support services include transportation, food,
lodging, child care, supplies, fees, and training materials.

Section 224. Coast Guard Cross; Silver Star Medal

This section would amend 14 U.S.C. Chapter 13 by authorizing the Coast Guard Cross for 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. This section would also
amend 14 U.S.C. Chapter 13 by authorizing the Silver Star Medal to a person, while serving
in any capacity with the Coast Guard, when the Coast Guard is not operating under the
Department of Navy, is cited for gallantry in action that does not warrant a medal of honor or
Coast Guard cross. This brings parity to the other armed services.

TITLE III. SHIPPING AND NAVIGATION

Section 301 Seaward Extension of Anchorage Grounds Jurisdiction

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

Section 302. Maritime Drug Law Enforcement Act Amendment-Simple Possession

This section would amend 46 U.S.C. Sec. 70506 and establish a civil penalty offense for
simple possession of a controlled substance on a vessel subject to the jurisdiction of the
United States. The civil penalty shall not exceed $5,000 for each violation.

Section 303. Technical Amendments to Tonnage Measurement Law

This section would make technical amendments to laws regarding the tonnage
measurement of vessels.

Section 304. Merchant Mariner Document Standards

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

Section 305. Ship Emission Reduction Technology Demonstration Project

This section would require the Commandant and the Administrator of the EPA to study and
report that surveys new technology for reducing air emissions from cargo and passenger
ships that operate in U.S. waters, and identify Federal, State and local laws, regulations or
other requirements that affect the ability of any entity to effectively demonstrate onboard
technology for reduction of contaminated air emissions.

Section 306. Phaseout of Vessels Supporting Oil and Gas Development

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

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Section 307 Arctic Marine Shipping Assessment Implementation2
This section would require the Secretary of the department in which the Coast Guard is
operating to work through the International Maritime Organization to establish agreements
to promote coordinated action between the United States, Russia, Canada, Iceland,
Norway, and Denmark and other seafaring and Arctic nations to ensure, in the Arctic: that
aids-to-navigation are placed and maintained; there are appropriate icebreaking escort, tug,
and salvage capabilities and oil spill prevention and response capability; maritime domain
awareness is maintained, including long-range vessel tracking; and search and rescue
capability is available. This section would also require the Commandant to conduct a
comparative cost-benefit analysis of rebuilding, renovating, or improving the existing fleet of
icebreakers or constructing new icebreakers for operation by the Coast Guard. The cost-
benefit analysis should also include the Coast Guard's ability to maintain a presence in the
Arctic regions through 2020 if constructing new or improving the existing ice breakers is not
fully funded. The Commandant would be required to submit a report containing the results
of the High Latitude Study assessing Arctic ice-breaking mission requirements 90 days after
the date of enactment of this Act or the date on which the study is completed, whichever
occurs later.

TITLE IV. ACQUISITION REFORM

Section 401. Chief Acquisition Officer

This section would authorize the establishment of a chief acquisition officer who has
acquisition management as their primary duty, to ensure that the Coast Guard acquires and
delivers assets and capabilities in the best interest of the federal government and increases
the Agency's operational readiness and performance. This section would require, at
minimum, that the Chief Acquisition Officer serve at the level of Assistant Commandant with
a rank of Rear Admiral or be a career reserved civilian from the Senior Executive Service.
This section also would require that the Chief Acquisition Officer satisfy a list of
qualifications, primary among them having the highest Department of Homeland Security
Level III acquisition certification, with ten years of acquisition experience, four of which were
spent as either the program executive officer, program or deputy program manager of a
Level I or Level II project or program, or a combination of such positions. Further, this
section would define the functions of the Chief Acquisition Officer. The Chief Acquisition
Officer will serve as the component acquisition executive for the Coast Guard.

Section 402. Acquisitions

This section would create a new chapter 15 in title 14 of the United States Code, with the
following subchapters and sections:

2
This section includes the polar icebreakers study requirement found in section 603 of the Senate-
passed version of H.R. 3619.

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SUBCHAPTER 1 – GENERAL PROVISIONS

§ 561. Acquisition directorate

This section would establish an acquisition directorate to provide oversight for the
implementation and management of all Coast Guard acquisition processes, programs, and
projects.

§ 562. Improvements in Coast Guard acquisition management

This section would define the roles and responsibilities of program and project managers,
as well as specify the level of certification required in order to be assigned to manage a
program or project. In addition, this section would mandate that the Commandant issue
guidance for program and project managers on qualifications, resources, tenure and
accountability. Further, this section would specify positions that require certain
competencies and functions to ensure that the Agency has the relevant expertise and
responsibilities to carry out acquisition program functions. Also, this section would establish
management information capabilities to improve workforce management, and identifies
specific career paths to enable effective procurement activities. The requirements are
intended to leverage Department-wide initiatives to improve acquisition management, while
allowing for additional tailored measures to meet specific needs of the Coast Guard.

§ 563. Recognition of Coast Guard personnel for excellence in acquisition

This section would require the Commandant to implement a program to recognize
individuals and teams that contribute to successful acquisition program performance. It
would mandate the establishment of specific award categories, criteria, and eligibility, in
addition to procedures for the award of cash bonuses for civilian career employees.

§ 564. Prohibition on use of lead systems integrators

This section would prohibit the use of a private sector entity as a lead systems integrator
(LSI) for an acquisition contract awarded or delivery order or task order issue after the date
of enactment of the Act. It would require full and open competition for any acquisition
contract in accordance with Federal Acquisition Regulations. In addition, this section would
ensure that the Coast Guard can continue, through contract closeout, to use a LSI only for
delivery orders and task orders for National Security Cutters 2 and 3, the C4ISR projects
directly related to the Integrated Deepwater Program, and for the completion of the National
Distress and Response System Modernization Program if the Commandant certifies that in
so doing, the execution of such task orders and delivery orders is in the best interest of the
government and is in accordance with Federal Acquisition Regulations. These exceptions
would only be permitted for contracts, task orders, or delivery orders issued after the earlier
of September 30, 2011 or the date on which the Commandant certifies in writing to
Congress that Coast Guard has available workforce and expertise to perform the functions
and responsibilities of the LSI.
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§ 565. Required contract terms
This section would apply to all major system acquisition projects or programs. It would
prohibit self certification by a contractor or subcontractor, and require that all capabilities or
assets under contract have a third party certification or be certified directly by the
Commandant. Further, this section would require that contractor and subcontractor
performance be based on the status of all work performed. In addition, this section would
require that all contracts for the acquisition of air, surface, or shore capabilities be in
compliance with the air, surface, or shore standard used by the Department of the Navy.
This section also would require that any contract awarded to acquire an Offshore Patrol
Cutter includes provisions specifying the service life, fatigue life, maximum range and
speed, and days underway in general Atlantic and North Pacific sea conditions that the
cutter will be built to achieve. Lastly, this section would require that the Commandant
establish and maintain integrated product teams and technical authorities to establish,
approve and maintain technical requirements.

§ 566. Department of Defense consultation

This section would require the Commandant to make arrangements with the Department of
Defense for support in contracting and management of Coast Guard acquisition programs.
This section would allow the Coast Guard to enter into a memorandum of understanding or
agreement with the Secretary of the Navy to leverage and obtain their research,
development, and acquisition resources.

§ 567 Undefinitized contractual actions

This section would prohibit the use of undefinitized contracts by the Coast Guard unless
such a contract is directly approved by the Head of Contracting Activity of the Coast Guard.
If the Head of Contracting Activity of the Coast Guard approves requests for undefinitized
contracts, this section would require agreement upon contractual terms, specification, and
price within 180 days after the submission of the request for approval. Further, this section
would provide a limitation on the obligation of funds that exceed 50 percent of the
negotiated overall ceiling price until the contractual terms, specification, and overall price
are definitized for such contractual action. This section would allow the Commandant to
waive the application of this section if such a contract is necessary to support a contingency
operation, a transportation security incident, an operation in response to an unacceptable
threat to human health or safety or to the marine environment, or an operation in response
to a natural, major or emergency disaster as designated by the President.

§ 568 Guidance on excessive pass-through charges

This section would require the Commandant to issue guidance to ensure that excessive
pass-through charges on contracts, subcontracts, delivery orders, and task orders are not
excessive in relation to the cost of work performed by the relevant contractor or

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subcontractor. Excessive pass-through charges are defined as charges to the Government
by a contractor or subcontractor that is for overhead or profit on work performed by a lower-
tier subcontractor, other than reasonable charges for the direct costs of managing the
lower-tier subcontractors.

§ 569 Report on former Coast Guard officials employed by contractors to the agency
This section would require GAO to report annually on those Flag-level officers and
Members of the Senior Executive Service who have left the Coast Guard within the past five
years, and are now receiving compensation for employment with a Coast Guard contractor.

SUBCHAPTER 1 – IMPROVED ACQUISITION PROCESS AND PROCEDURES

§ 571 Identification of major system acquisitions

This section would require the Commandant to develop and implement mechanisms to
support operational requirements for all acquisitions. Further, this section would stipulate
that the Commandant may not initiate a Level 1 or Level 2 program or project until a mission
analysis is completed, a clear mission need is developed, and a preliminary affordability
assessment is prepared. This section requires a formal process for the development of a
mission-needs statement, concept-of-operations document, capability development plan,
and resource proposal for the initial project funding. This section would also require the
Commandant to develop staffing predictions, establish performance initiatives, and
determine preliminary training needs.

§ 572 Acquisition
This section would mandate that the Commandant clearly define the operational
requirements for the project, establish the feasibility of alternatives, develop an acquisition
project baseline, produce a life-cycle cost estimate and assess the relative merits of
alternatives to determine the preferred solution prior to establishing a major systems
acquisition program or project.

This section would require that the Coast Guard may not acquire an experimental or
technically immature capability or asset, or implement a Level 1 or Level 2 acquisition
unless it has prepared an analysis of alternatives that includes an assessment of the
technical maturity, an examination of capability, an evaluation of whether different
combinations of assets could meet the performance needs, and a discussion of key
assumptions and variables.

In addition, this section would mandate the development and use of a Test and Evaluation
Master Plan. This plan would require the establishment of a strategy to verify capability
design and development, and require that adequate developmental and operational tests
and evaluations are conducted. The Test and Evaluation Master Plan also would identify

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critical operational issues, operational test and evaluation phases, require early operational
assessments, and would estimate the resources required for the test and evaluation
activities. The Coast Guard may not move forward with a major systems acquisition
program or project or award any production contract until the Test and Evaluation Master
Plan is approved by the Chief Acquisition Officer. These procedures are consistent with the
Department of Homeland Security's acquisition procedures.

Further, this section would require the Commandant to implement mechanisms to ensure
the development and regular updating of life-cycle cost estimates for each acquisition with
an acquisition cost of $10 million or greater and an expected service life of 10 years or
greater.

§ 573 Preliminary development and demonstration

This section would require that all developmental and operational tests and evaluations are
conducted in accordance with the master plan developed under section 572(a)(1), and
would require the Commandant to ensure that during the preliminary development and
demonstration phase major systems acquisition programs or projects demonstrate the
following: the design, manufacturing, and production solution is based upon a stable and
cost-effective design; the product capabilities meet contract specifications, acceptable
operational performance requirements, and system security requirements; and the design is
mature enough to commit to full scale production.

In addition, this section would require that the Coast Guard use independent third parties
with expertise in testing and evaluating the capabilities or assets being acquired whenever
the Coast Guard lacks the capability to do so. It would also mandate that communication
concerns identified during the development and demonstration phase be communicated no
later than 30 days after completion of the test, evaluation, or both as the case may be, to
the program manager and to the Chief Acquisition Officer.

This section also contains specific requirements that are to be met with regard to technical
certification of major systems acquisition programs or projects. The Coast Guard would be
mandated to certify major systems acquisition programs or projects through the Coast
Guard's technical authority after review by an independent third party. This review
requirement is not intended to diminish, limit, or otherwise affect the authority or
responsibility of the Coast Guard technical authority, nor is it intended to make the Coast
Guard technical authority subordinate to an independent third party or to impose a review
requirement when the Coast Guard possesses the capability to conduct the tests and
evaluations required by a master plan. All electronics on any asset that requires TEMPEST
certification would be tested and certified in accordance with the Master Plan standards by
an independent third party authorized by the federal government.

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Lastly, this section would mandate that all cutters acquired by the Coast Guard be classed
by the American Bureau of Shipping before final acceptance.

§ 574 Acquisition, production, deployment, and support

This section would require the Commandant to conduct follow-on testing, monitor
performance, and correct deficiencies for assets or systems acquired. In addition, the
Commandant would be mandated to conduct acceptance tests and trials upon the delivery
of each asset or system to ensure full operational capability is achieved.

In addition, this section makes clear that the Commandant would be required to execute the
production contracts, make sure the delivered products meet cost and schedule
requirements in accordance with the acquisition program baseline, validate manpower and
training requirements to support the operation of the acquired product or system, and
prepare transition plans for programmatic sustainment, operations, and support.

§ 575 Acquisition program baseline breach

This section would direct the Commandant to submit a report to Congress not later than 30
days after the date the Chief Acquisition Officer of the Coast Guard becomes aware of a
breach of an acquisition program baseline for any Level I or Level II acquisition program.
The breach would be defined as a likely cost overrun greater than 15 percent of the
acquisition program baseline, a delay of more than 180 days in the delivery schedule or an
anticipated failure for any individual asset or class of assets to satisfy any key performance
threshold or parameter under the Acquisition Program Baseline. If substantial variances of
greater than a 20 percent cost overrun or a delay of more than one year are likely,
additional information would be required from the Commandant.

§ 576 Acquisition approval authority

This section would clarify that nothing in the subchapter shall be construed as diminishing
the statutory authority and responsibility of the Secretary of the department in which the
Coast Guard is operating to manage procurements and acquisition activities.

SUBCHAPTER III – DEFINITIONS

§ 581 Definitions
This section would define key terms used in the new chapter created by Sec. 402 of this
Act.

Section 403 National Security Cutters

This section would require the Commandant to submit to Congress not later than 90 days
before the Coast Guard awards any contract, delivery order or task order to strengthen the
hull of either National Security Cutter 1 or 2 to resolve the structural design and

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performance issues in the DHS IG Report OIG-07-23 all results of an assessment of the
proposed hull strengthening design.

Section 404 Acquisition Workforce Expedited Hiring Authority

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

TITLE V – COAST GUARD MODERNIZATION

Section 501 Short Title

This section states that this title may be cited as the “Coast Guard Modernization Act of
2010.”

Subtitle A – Coast Guard Leadership

Section 511 Vice Admirals

This section would allow the Coast Guard to modernize its organizational structure by
removing the titles of the Chief of Staff, Atlantic Area Commander, and Pacific Area
Commander in title 14, United States Code, and returning the discretion of those titles to the
Commandant of the Coast Guard. This section would increase the organizational flexibility
of the current Coast Guard command structure as well as increase alignment with other
armed forces.

Subtitle B – Marine Safety Administration

Section 521 Prevention and Response Administration

This section would amend chapter 3 of title 14 by establishing prevention and response
workforce career paths within the Coast Guard. This section would require the Secretary to
ensure that appropriate career paths are established for personnel in prevention or
response positions, and that those paths are identified in terms of education, training,
experience, and assignments necessary for career progression. It provides for specific
criteria for certain marine safety-related positions that require specialized training. It further
requires the Commandant to establish a management information system for tracking the
career progression of prevention and response workforces. It also would require each
Coast Guard sector to designate a “Chief of Sector Prevention” and a “Chief of Sector
Response” position. Finally, it would authorize centers of excellence in advancing the
prevention-related and response-related missions of the Coast Guard.

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Section 522. Marine Safety Mission Priorities and Long-term Goals
This section would require the Secretary of the department in which the Coast Guard is
operating to develop a long-term strategy to improve vessel safety and the safety of
individuals on vessels, and to submit annually a plan and schedule to achieve specific
goals, including reducing the number of marine casualties and identifying and targeting
enforcement efforts on high-risk vessels and operators. The section outlines specific goals
to be included in the strategic plan.

Section 523. Powers and Duties

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

Section 524. Appeals and Waivers

This section would require that the individual, whether a Coast Guard officer or a civilian,
adjudicating an appeal of a decision regarding marine safety shall be a qualified specialist,
with training and experience in marine safety sufficient to judge the facts and circumstances
of the appeal. If the individual were to lack such expertise, the individual would be required
to have a senior staff member who possesses the required expertise advise on and concur,
in writing, with the decision.

Section. 525. Coast Guard Academy

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

Section 526. Report Regarding Civilian Marine Inspectors

This section would require the Commandant of the Coast Guard to report to Congress on
the Coast Guard's efforts to recruit and retain civilian marine inspectors and investigators,
and the impact of such recruitment on Coast Guard organizational performance.

TITLE VI – MARINE SAFETY

Section 601 Short Title

This section states that this title may be cited as the “Maritime Safety Act of 2010.”

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Section 602 Vessel Size Limits
This section would allow fishing vessels in the rationalized Bering Sea/Aleutian Islands
pollock fishery to be documented with a fishery endorsement, if the vessel is a rebuilt or a
replacement vessel of a vessel that is authorized to hold a Federal fishery permit under the
American Fisheries Act, notwithstanding current limits on length, tonnage, and horsepower.
This section does not alter the fishery quotas established through the Federal fisheries
management process.

Section 603 Cold Weather Survival Training

This section would require the Coast Guard to report on the efficacy of cold water survival
training conducted by the Coast Guard during the preceding five years. The report shall
include plans for conducting such training in fiscal years 2010 through 2013.

Section 604 Fishing Vessel Safety

This section would establish safety equipment standards for all commercial fishing, fish
tender, and fish processing fishing vessels operating beyond three nautical miles of the
coast, and would clarify the equipment requirements for these vessels. This section would
establish design and construction standards for all new vessels. New fishing and fish tender
vessels, and fishing or fish tender vessels that undergo a `major conversion' as defined in
46 U.S.C. Sec. 2101(14a), operating beyond three nautical miles of the coast and over 50
feet in length, will need to be `classed' by the American Bureau of Shipping or an equivalent
classification society. `Classification' provides evidence that a vessel is mechanically and
structurally fit for the intended service. New fishing and fish tender vessels, operating
beyond three nautical miles of the coast, less than 50 feet in length, are required under this
section to meet the standards required of recreational vessels under 46 U.S.C. 4302, that
provide an equivalent level of safety. New fishing vessels over 79 feet in length would be
required to have a `load line'. The Secretary is authorized to examine vessels that operate
beyond three nautical miles of the coast to ensure compliance with safety regulations.

This section also would authorize the Secretary of the department in which the Coast Guard
is operating to establish Fishing Vessel Safety Grants, to fund training of operators and
crew of commercial fishing vessels. The grants are to be awarded on a competitive basis to
organizations or individuals that are approved by the Secretary and that provide hands-on,
skills-based training. Additionally, this section would authorize the Secretary to establish
Fishing Safety Research Grants, to provide funding for research on methods to improve the
safety of commercial fishing, specifically including investigation of enhanced vessel
monitoring systems.

Section 605 Mariner Records

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

Section 606 Deletion of Exemption of License Requirement for Operators of Certain

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

Section 607 Logbooks

This section would require log books on all manned inspected vessels. Currentlyy, they are
required for vessels on foreign or coastwise voyages. This section also identifies new
circumstances when information must be added to the log book.

Section 608 Safe Operations and Equipment Standards

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

Section 609 Approval of Survival Craft

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

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Section 610 Safety Management
This section would authorize the Secretary of the department in which the Coast Guard is
operating to require `Safety Management Systems' on passenger vessels and small
passenger vessels based on the number of passengers that could be killed or injured in a
marine casualty. A `Safety Management System' requires vessel owners to document
operational policy, chain of authority, and operational and emergency procedures that
specify responsibilities of the owner or operator, managers, and masters.

Section 611 Protection Against Discrimination

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

Section 612 Oil Fuel Tank Protection

This section would require that new U.S. flag vessels built after the date of enactment be
constructed with double hulls surrounding the fuel oil tanks, in accordance with international
standards.

Section 613 Oaths

This section would repeal 46 U.S.C. Sec. 7105, which require the applicant to appear in
person to take an oath.

Section 614 Duration of Licenses, Certificates of Registry, and Merchant Mariners’

Documents
This section would permit the holder of a merchant mariner document, certificate of registry
and/or license to renew the document up to 8 months in advance of the expiration of an
existing document, but delays the effective date until the previous document expires.

Section 615 Authorization to Extend the Duration of Licenses, Certificates of

Registry, and Merchant Mariners Documents
This section would permit the Secretary of the department in which the Coast Guard is
operating to extend for up to one year, a license, certificate of registry or a merchant
mariner's document, if the Secretary determines that the extension would eliminate a
backlog in processing applications or in response to a national emergency or natural
disaster.

Section 616 Merchant Mariner Assistance Report

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

Section 617 Offshore Supply Vessels

This section would require the Commandant of the Coast Guard to submit a report to
Congress within one year after the date of enactment of the Act on the design, inspection,
certification, manning, operation, and credentialing requirements for offshore supply vessels
greater than 500 gross tons or an alternate tonnage as measured under specific sections of
title 46, United States Code. In developing the required report to Congress, the
Commandant would have the discretion to request the participation of senior
representatives of any other Federal department or agency, as appropriate, and would be
required to consider all applicable provisions of U.S. law and international conventions and
agreements.

Section 618 Associated Equipment

This section would amend the definition of `associated equipment' in Section 2101(1)(B) of
title 46, which excludes all radio equipment, and would authorize the Coast Guard to require
that recreational vessels be equipped with emergency locator beacons 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.

Section 619 Lifesaving Devices on Uninspected Vessels

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

Section 620 Study of Blended Fuels in Marine Application

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

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and explosions. This section would require the Secretary to conduct the study 36 months
after date of enactment.

Section 621 Renewal of Advisory Committees

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

Section 622 Delegation of Authority

This section would amend section 46 U.S.C. Sec. 3316 so the Secretary may delegate to
American Bureau of Shipping or another classification society the authority to review and
approve plans required for issuing a certificate of inspection, certificate of compliance or any
other certification issued by the Coast Guard for a U.S. offshore facility.

TITLE VII – OIL POLLUTION PREVENTION

Section 701. Rulemakings.

This section would require a report to Congress on the status of all Coast Guard
rulemakings required (but not issued) under specified provisions of the Federal Water
Pollution Control Act (commonly known as the Clean Water Act). It would require that such
rules be issued and finalized within eighteen months following the enactment of this Act.

Section 702. Oil transfers from vessels.

This section would require within one year of enactment regulations to reduce the risks of oil
spills in operations involving the transfer of oil from, or to, a tank vessel. This section would
also allow state laws enacted or regulations promulgated before enactment of this Act that
are at least as stringent as such regulations.

Section 703. Improvements to reduce human error and near miss incidents.
This section would direct the Secretary to report on: (1) oil spills involving human error; (2)
near-miss oil spill incidents; and (3) actions taken domestically and at the International
Maritime Organization (IMO) to reduce the risk of oil spills caused by human error.

Section 704. Olympic Coast National Marine Sanctuary.

This section would direct the Secretary of the department in which the Coast Guard is
operating and the Under Secretary of Commerce for Oceans and Atmosphere to 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 under specified provisions of the Federal
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Water Pollution Control Act (other than fishing or research vessels while engaged in fishing
or research in the area to be avoided).

Section 705. Prevention of small oil spills.

This section would direct the Under Secretary of Commerce for Oceans and Atmosphere to
establish an oil spill prevention and education program for small vessels. In addition, this
section would authorize grants to carry out: (1) regional assessments of small oil spills; (2)
voluntary, incentive-based clean marina programs; (3) cooperative oil spill prevention
education programs; and (4) support for programs to address derelict vessels and the threat
of such vessels sinking and discharging oil and other hazardous substances. This section
would authorize FY2010-FY2014 appropriations.

Section 706. Improved coordination of tribal governments.

This section would direct the Secretary of the Department in which the Coast Guard is
operating to: (1) complete the development of a tribal consultation policy in order to improve
the Coast Guard's consultation and coordination with tribal governments regarding oil spill
prevention, preparedness, response and natural resource damage assessment; and (2)
provide assistance to participating tribal governments. This section would authorize
FY2010-FY2014 appropriations.

Section 707. Report on availability of technology to detect the loss of oil.

This section would direct the Secretary of the Department in which the Coast Guard is
operating to report to Congress on the availability, feasibility, and potential cost of
technology to detect the loss of oil carried as cargo or as fuel on tank and non-tank vessels
greater than 400 gross tons.

Section 708. Use of oil spill liability trust fund.

This section would amend the Oil Pollution Act of 1990 to make not more than $15 million of
the Oil Spill Liability Trust Fund available each fiscal year to the Under Secretary of
Commerce for Oceans and Atmosphere for expenses and activities related to NOAA's
response and damage assessment capabilities. This section would modify requirements
regarding Fund audits by the Comptroller General of the United States and requires a report
to Congress and to the Secretary or Administrator of each federal agency that administers
and manages amounts from the Fund. In addition, this section would require an annual
report to Congress (and to the public on the National Pollution Funds Center Internet
website) containing a list of each Fund disbursement of $250,000 or more. The section
would authorize appropriations for such audit and reports.

Section 709. International efforts on enforcement.

This section would direct the Secretary to ensure that the Coast Guard pursues stronger
International Maritime Organization (IMO) enforcement of oil discharge agreements.

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Section 710. Higher volume port area regulatory definition change.
This section would require the Commandant to modify the definition of the term "higher
volume port area" in a specified Coast Guard regulation by replacing "Port Angeles, WA"
with "Cape Flattery, WA." This section would require the Coast Guard to complete its review
of any changes to emergency response plans under the Federal Water Pollution Control Act
resulting from such modification within five years.

Section 711. Tug escorts for laden oil tankers.

This section would direct the Commandant to enter into negotiations with the government of
Canada to update the comparability analysis which serves as the basis for the Cooperative
Vessel Traffic Service agreement between the United States and Canada for the
management of maritime traffic in Puget Sound, the Strait of Georgia, Haro Strait, Rosario
Strait, and the Strait of Juan de Fuca. It would require the updated analysis to consider: (1)
requirements for laden tank vessels to be escorted by tug boats; (2) vessel emergency
response towing capability at the entrance to the Strait of Juan de Fuca; and (3) spill
response capability throughout the shared water. This section would also amend the Oil
Pollution Act of 1990 to require that double hulled tankers over 5,000 gross tons
transporting bulk oil in Prince William Sound, Alaska, be escorted by at least two towing
vessels.

Section 712. Extension of financial responsibility.

This section would amend the Oil Pollution Act of 1990 to require any tank vessel over 100
gross tons (except a non-self-propelled vessel that does not carry oil as cargo) using any
place subject to U.S. jurisdiction to establish and maintain evidence of financial
responsibility sufficient to meet the maximum amount of liability to which the responsible
party could be subjected under specified provisions.

Section 713. Liability for use of single-hull vessels.

This section would amend the Oil Pollution Act of 1990 to include the owner of oil being
transported in a tank vessel with a single hull after December 31, 2010 as a responsible
party.

TITLE VIII – PORT SECURITY

Section 801. America’ waterway watch program.

This section would require the Secretary to establish a program to help prevent acts of
terrorism by seeking the cooperation of commercial and recreational boating industries and
the public to improve maritime domain awareness and encourage the reporting of
suspicious activities.

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Section 802. Transportation worker identification credential.
Not later than 120 days after completing the pilot TWIC reader program required by 46
U.S.C. Sec. 70105(k)(1), this section would require the Secretary to submit a report
including the findings of the pilot program with respect to key technical and operation
aspects of deploying the TWIC readers, a listing of achievements during the pilot program,
and an analysis of the viability of those technologies used in the pilot program. The GAO
will then review the Secretary’s report and comment on its findings and recommendations.

Section 803. Interagency operational centers for port security

This section would require that as the Department establish an Interagency Operational
Centers for Port Security required by section 108 of the SAFE Port Act (P.L. 109-347), it
attempt to co-locate, wherever practicable, Customs and Border Protection, Immigration
and Citizenship Enforcement, Transportation Security Agency, and non-DHS partners (both
public and private) to the extent such agencies or entities find it appropriate or desirable.

Section 804. Deployable specialized forces.

This section would replace the statutory requirement for maritime safety and security teams
with a new provision requiring the Secretary to establish deployable specialized forces
capable of preventing and responding to acts of crime, sabotage, terrorism, etc. These
forces must include not less than two specialized teams capable of combating terrorism,
engaging in advanced tactical maritime security operations to address known or potentially
armed security threats, and participating in counterterrorism exercises. These specialized
teams would be required to be located so as to minimize the response time to any reported
maritime terrorist threat.

Section 805. Coast Guard detection canine team program expansion.

This section would require the Secretary to add no fewer than 10 canine teams annually
through 2012 not later than 1 year after date of enactment. The Coast Guard currently has
only 18 counter narcotics or counter explosives detection teams.

Section 806. Coast Guard port assistance program

This section would authorize the Secretary to lend, lease, donate, or otherwise provide
equipment and technical training and support to foreign port or facility owners or operators
to assist the port or facility in its compliance with applicable International Ship and Port
Facility Code Standards (ISPS Code). It would prohibit the Secretary from providing such
assistance if the port or facility has not been subjected to a comprehensive port security
assessment by the Coast Guard. The Secretary must also establish a strategic plan to
utilize such assistance programs to assist ports and facilities not to maintain effective
antiterrorism measures.

Section 807. Maritime biometric identification.

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This section would require the Secretary, acting through the Commandant, to conduct a
program for the mobile biometric identification of suspected individuals, including terrorists,
to enhance border security in the maritime environment. It further would require the Coast
Guard to provide a detailed cost analysis of resources necessary to further expand the
biometric program to other Coast Guard units likely to encounter individuals suspected of
making illegal border crossing in the maritime environment.

Section 808. Pilot program for fingerprinting or maritime workers.

This section would provide that, not later than 180 days after enactment, the Secretary must
establish a 1-year pilot program that allows individuals required to be fingerprinted for a
TWIC to have such fingerprints taken at not less than 20 alternate sites owned or operated
by the Department.

Section 809. Transportation security cards on vessels.

This section would modify the existing requirements of 49 USC Sec. 70105 which defines
which transportation workers require TWIC cards to ensure those licensed mariners who
will not require unescorted access to the secure area of a vessel no longer require a TWIC
card.

Section 810. Maritime security advisory committees.

This section would require a specific make up for the National Maritime Security Advisory
Committee. The Advisory Committee must include representatives from maritime owners,
operators, vessels, facilities, government, and labor unions.

Section 811. Seamen’s shoreside access

This section would require a facility security plan required by the Maritime Transportation
Security Act of 2002 (P.L. 107-295) to include a system for pilots, seamen’s welfare and
labor organizations to board and depart the vessel through the facility in a timely manner at
no cost to the individual.

Section 812. Waterside security of especially hazardous cargo.

This section would require the Secretary to conduct a study as to how best to protect
especially hazardous cargo (EHC) transported in the maritime environment. It would require
a study to include a comparative analysis of the legal authorities for States vs. the Federal
government to protect EHC in the maritime environment. Upon completion of the study it
would require the Secretary to establish a national strategy to protect EHC shipments. It
also would require the Coast Guard be responsible for any Federal security zone
established for the protection of EHC shipments. The Coast Guard would be required to
track its completion rates of EHC waterborne escorts and submit a report annually by the
Coast Guard on its ability to conduct EHC escorts, including identifying any deficiencies in
resources for those escorts.

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Section 813. Review of liquefied natural gas facilities
This section would codify existing practices whereby the Coast Guard conducts waterways
suitability assessments prior to new LNG facility licensing by the Federal Energy Regulatory
Commission.

Section 814. Use of secondary authentication for transportation security card.

This section would allow the Secretary to use a secondary authentication system for
individuals applying for or in possession of TWIC cards but who are unable to give
fingerprints and thus cannot use TWIC readers.

Section 815. Assessment of transportation security card enrollment sites.

The section would require the Secretary to conduct an assessment of the TWIC enrollment
sites to determine if it is feasible to keep those sites open, and the quality of customer
service at those facilities within 180 days of enactment.

Section 816. Assessment of the feasibility of efforts to mitigate the threat of small
boat attack in major ports.
This section would require the Secretary to report on the feasibility of efforts to mitigate the
threat of a small boat attack. At a minimum the report must consider transponder, radio
frequency identification device, and high frequency surface radar technologies.

Section 817. Report and recommendation for uniform security background checks.
This section would require the GAO to review background checks and forms of identification
required under State and local transportation security programs and determine whether
such programs duplicate or conflict with Federal programs. This section also would require
the GAO to submit recommendations for streamlining and eliminating any duplications or
conflicts.

Section 818. Transportation security cards; access pending issuance; deadlines for
processing; receipt.
This section would require the Secretary to coordinate with owners and operators to allow
individuals with pending TWIC applications, or whose card has been lost or stolen, to work
in secure areas if others already in possession of a TWIC card escort the individuals. This
section would establish deadlines for the processing of TWIC applications by the
Department, including Initial Determination of Threat Assessment letters, and appeal and
waiver requests. In addition, this section would require the GAO to conduct an analysis as
to the technical feasibility and cost associated with arranging for TWIC cards to be received
at an enrollment center of an individual’s choosing, or at their place of residence via the
mail. It then directs the Secretary to consider the GAO’s analysis in developing a process

24
wherein TWIC cards can be mailed to or sent to TWIC enrollment center of the applicant’s
choosing.

Section 819. Harmonizing security card expirations.

This section would authorize the Secretary to extend the expiration of a biometric TWIC
card by up to one year to align such expiration with the expiration of a merchant mariner
document required under chapter 71 or chapter 73, United States Code.

Section 820. Clarification of rulemaking authority.

This section would clarify that the Secretary of Homeland Security is authorized to engage
in necessary rulemakings to implement statutory requirements of chapter 701 of title 46.

Section 821. Port security training and certification.

This section would require facility security officers at regulated maritime facilities to be
provided regular training that would ultimately result in their certification as security officers.
It further would require the Secretary, in coordination with the Secretary of Transportation
and State and local security personnel to develop security training for Federal, State, and
local officials with security responsibilities at seaports. Finally, this section would authorize
the use of existing DHS grant programs for the purpose of carrying out this training.

Section 822. Integration of security plans and systems with local port authorities,
state harbor divisions, and law enforcement agencies.
This section would require facility owners or operators to provide copies of current
vulnerability assessments to the port authority or State or local law enforcement agencies
with jurisdiction over the facility. It also would allow the integration of facility security
systems with Federal security systems to expedite responses to transportation security
incidents.

Section 823. Transportation security cards.

This section requires the Secretary to establish a program that would allow vessels or
facilities desiring the capability to activate transportation security cards on site to have such
a capability.

Section 824. Pre-positioning interoperable communications equipment at interagency

operational centers.
This section would require that, subject to available appropriations, the Secretary ensure
interoperable communications are deployed at all interagency operational centers.

Section 825. International port and facility inspection coordination.

This section would require the Secretary to, as much as possible, coordinate required
overseas port inspections to minimize disruptions at these ports created by such visits.

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Section 826. Area transportation security incident mitigation plan.
This section would require that Area Maritime Security Committees established by section
70103 of title 46 also develop area response and recovery protocols to prepare for, respond
to, mitigate against, and recover from a transportation security incident.

Section 827. Risk based resource allocation.

This section would require that the Secretary develop a national standard and formulate for
prioritizing and addressing assessed security risks and ports or facilities, similar to that
developed by the Coast Guard with its Maritime Security Risk Assessment Model. The
Secretary must provide an unclassified version of this model to regulated vessels and
facilities to assist in their conduct of risk assessments.

Sec. 828. Port security zones.

This section would require the Commandant to issue regulations establishing national
standards for training and credentialing of law enforcement personnel required to enforce or
assist in the enforcement of a Federal security zone. Such a training program may be
delivered by the Federal government, or may be certified by an independent third party.
This provision would make existing grant program funds an authorized source of funding for
trainees to attend these courses, and provide that no matching funds are required.

TITLE IX – MISCELLANEOUS PROVISIONS

Section 901. Waivers.

This section would authorize the Commandant of the Coast Guard to issue a certificate of
documentation with a coastwise endorsement for three numbered vessels.

Section 902. Crew wages on passenger vessels.

This section would amend title 46, U.S.C. to require that the total amount paid with respect
to all claims in a class action suit by seamen on a passenger vessel capable of carrying
more than 500 passengers for wages against a vessel master, owner, or operator or the
employer of the seamen not exceed ten times the unpaid wages that are the subject of the
claims. The section also requires that the suit be commenced within three years after the
date of the end of the last voyage for which the wages are claimed or the receipt, by a
seaman who is a claimant in the suit of a payment of wages that are the subject of the suit
that is made in the ordinary course of employment.

Section 903. Technical corrections.

This section would make technical corrections to the Coast Guard and Maritime Transport
Act of 2006.

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Section 904. Manning requirement.
This section would amend the Coast Guard and Maritime Transport Act of 2006 to prohibit
vessels from engaging a foreign citizen to meet a manning requirement unless it has an
annual safety examination conducted by the authorized enforcer delineated under the Act.

Section 905. Study of bridges over navigable waters.

This section would require the Commandant of the Coast Guard to conduct a
comprehensive study on the proposed construction or alteration of any U.S. bridge,
drawbridge, or causeway over navigable waters with a channel depth of 25 feet or greater
that may impede or obstruct future navigation to or from port facilities.

Section 906. Limitation on jurisdiction of States to tax certain seamen.

This section would amend Title 46, U.S.C. to include seamen who perform regularly
assigned duties while engaged as a master, officer, or crewman on a vessel operation on
navigable waters in two or more States.

Section 907. Land conveyance, Coast Guard property in Marquette, Michigan, to the
City of Marquette, Michigan.
This section would authorize the Commandant of the Coast Guard to convey as surplus any
parcel of real property under administrative control of the Coast Guard within Marquette
County, Michigan to the City of Marquette, Michigan.

Section 908. Mission requirement analysis for navigable portions of the Rio Grande
River, Texas, international water boundary.
This section would direct the Secretary of the department in which the Coast Guard is
operating in to prepare a mission requirement analysis for the navigable portions of the Rio
Grande River, Texas within ninety days of enactment of this act.

Section 909. Conveyance of Coast Guard property in Cheboygan, Michigan.

This section would authorize the Commandant of the Coast Guard to convey, at fair market
value, a parcel of real property, of approximately three acres, that is under the
administrative control of the Coast Guard located at 900 S. Western Avenue in Cheboygan,
Michigan.

Section 910. Alternative licensing program for operators of uninspected passenger

vessels on Lake Texoma in Texas and Oklahoma.
This section would direct the Secretary of the department in which the Coast Guard is
operating in to, upon the request of the Governor of the State of Texas or the Governor of
the State of Oklahoma, enter into agreement with the governor of the State whereby the
State shall license operators of uninspected passenger vessels operating on Lake Texoma
in Texas and Oklahoma in lieu of, in certain situations, the Secretary issuing the license.

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Section 911. Study and report regarding effects resulting from changes in United
States policy toward Haiti.
This section would direct the Secretary of the department in which the Coast Guard is
operating in to conduct a study and submit a report to Congress within 180 days after the
date of enactment of this act examining the Coast Guard’s currently ability to respond to any
possible short- and long-term effects resulting from changes in U.S. immigration policy
toward Haiti.

Section 912 Strategy regarding drug trafficking vessels.

This section would direct the Secretary to submit a report to Congress on its comprehensive
strategy to combat illicit flow of narcotics, weapons, bulk cash and other contraband through
the use of submersible and semi-submersible vessels.

Section 913. Use of force against piracy.

This section amend chapter 81 of title 46 by establishing a limitation of liability on an owner,
operator, master, or individual who uses force to defend a vessel of the United States
against an act of piracy. This section would establish that this individual shall not be liable
for monetary damages for any injury or death to any person engaging in an act of piracy.

Section 914. Technical amendments to chapter 313 of title 46, United States Code
This section would make technical amendments to laws regarding commercial instruments
and maritime liens in chapter 313 of title 46.

Section 915. Conveyance of Coast Guard vessels for public purposes.

This section would direct the Coast Guard to transfer a Coast Guard vessel or aircraft, to be
used for educational, cultural, historical, charitable, recreational or other public purposes
and declared excess by the Commandant, to the General Services Administration for
conveyance.

Section 916. Assessment of certain aids to navigation and traffic flow.

This section would direct the Commandant to determine the types and numbers of vessels
typically transiting a portion of the Atlantic Intracoastal Waterway in Dade County, Florida
during a 30 day period within 60 days after date of enactment. This section would direct the
commandant to also review and assess certain aids to navigation along that portion of the
Atlantic Intracoastal Waterway to determine the adequacy and sufficiency of these aids.
This plan would be submitted to Congress within 180 after enactment.

Section 917. Fresnel Lens from Presque Isle Light Station in Presque Isle, Michigan.
This section would direct the Commandant to determine the necessity and adequacy of
existing Federal aids to navigation at Presque Isle Light Station, Presque Isle, Michigan and

28
submit to Congress a determination of the analysis to include the feasibility of restoring the
Fresnel Lens, maintenance of the light and impact on the Fresnel Lens as an artifact. This
comparative analysis would be submitted not later than 1 year after date of enactment. This
section also permits the Commandant to convey or transfer possession of any personal
property of the United States, pertaining to the Fresnel Lens or the Light Station to the
Township.

Section 918. Maritime law enforcement.

This section would amend 18 U.S.C. Sec. 2237(b) to establish fines, imprisonment or both
to and individual who knowingly violates (1) an offense that results in death or involves
kidnapping, an attempt to kidnap or kill without regard to where it takes place; (2) the
offense results in serious bodily injury; (3) the offense involves knowing transportation under
inhumane conditions in the course of a violation of section 274 of the Immigration and
Nationality Act, chapter 77 or section 111, 111A, 113 , or 117 of this title; chapter 705 of title
46; or title II of the Act of June 15, 1917 (Chapter 30; 40 Stat. 220); and (4) in any other
case.

Section 919. Capital investment plan.

This section would direct the Commandant to submit the 5-year capital investment plan for
each fiscal year to the Committee on Transportation and Infrastructure and the Committee
on Commerce, Science, and Transportation.

Section 920. Reports.

This section would prohibit the total amount of appropriated funds obligated or expended by
the Coast Guard during any fiscal year in connection with any study or report required by
law to exceed the total amount for such purposes in FY2010. To that end, the Commandant
would be required to establish for each fiscal year a rank order of priority for studies and
reports that can be conducted consistent with this limitation.

Section 921. Compliance provision.

This section requires that the budgetary effects of this Act be determined by reference to
the latest statement of the Budgetary Effects of PAYGO Legislation prior to the vote on
passage in the House acting first on this conference report or amendments between the
Houses.

TITLE X – CLEAN HULLS

SUBTITLE A – GENERAL PROVISIONS

Section 1011. Definitions.

This section would define key terms used in the new title.

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Section 1012. Covered Vessels.
This section would require that, after the Convention enters into force for the United States,
the Act shall apply to a vessel documented under chapter 121 of title 46, United States
Code, or one that is operated under authority of the United States wherever located; any
vessel permitted by a Federal agency to operate on the Outer Continental Shelf; or any
other vessel if it is in the internal waters of the United States, in any port, shipyard, offshore
terminal or other place in the United States, lightering in the territorial sea or anchoring in
the territorial sea of the United States.

This section also lists the vessels excluded from the title, including any warship, naval
auxiliary or other ship owned or operated by a foreign State, and used, for the time being,
only on government non-commercial service and any warship, naval auxiliary or any other
ship owned or operated by the United States and used for the time being only on
Government non-commercial service, provided that the Administrator of the Environmental
Protections Agency (Administrator) may determine that some or all of the requirements
under this Act shall apply to one or more classes of such ships, but any such determination
by the Administrator is subject to the concurrence of the head of the Federal department or
agency under which such ships operate. In no event shall these requirements apply to
combat-related ships.

Section 1013. Administration and enforcement.

This section would require the Secretary of the department in which the Coast Guard is
operating (Secretary) to administer and enforce the Convention and this Act, with respect to
vessels, unless otherwise specified. This section would require the Administrator to
administer and enforce this title, with the exception of sections 1031(b) and 1031(c) and
would authorize the Administrator and Secretary to prescribe and enforce regulations as
may be necessary to carry out their respective responsibilities under this Act.

Section 1014. Compliance with International Law.

This section would require that any action taken under this title be taken in accordance with
treaties to which the United States is a party and other international obligations of the
United States.

Section 1015. Utilization of Personnel, Facilities or Equipment of other Federal

Departments and Agencies.
This section would authorize the Secretary and Administrator, by agreement, to utilize
personnel, facilities or equipment of other Federal departments and agencies, with or
without reimbursement to administer the Convention, this Act, or any regulations
thereunder.

SUBTITLE B – IMPLEMENTATION OF THE CONVENTION

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Section 1021. Certificates.
This section would require any vessel of at least 400 gross tonnage that engages in one or
more international voyages (except fixed or floating platforms, floating storage units (FSUs)
and floating production, storage and offloading (FPSOs)) to carry an International
Antifouling System Certificate upon the Convention's entry into force in the United States.

This section would require a ship of at least 400 gross tons that engages in one or more
international voyages (except fixed or floating platforms, FSUs and FPSOs) that has
completed a successful survey required by the Convention, to be issued an International
Antifouling System Certificate upon the Convention's entry into force in the United States.
The Secretary is authorized to issue the Certificate required by this section, or may delegate
the authority to an organization the Secretary determines is qualified to undertake such
responsibility.

This section also states that the Certificate required by this section shall be maintained as
required by the Secretary and authorizes a Certificate issued by a country that is a party to
the Convention to have the same validity as a Certificate issued by the Secretary under this
section.

Notwithstanding subsection (a), this section would allow a ship of 400 gross tonnage and
above, having the nationality of or entitled to fly the flag of a country that is not a party to the
Convention, to demonstrate compliance through other documentation deemed acceptable
by the Secretary.

Section 1022. Declaration.

This section would require a vessel of 24 meters or more in length, but less than 400 gross
tons, engaged on an international voyage (except fixed or floating platforms, FSUs and
FPSOs) to carry a declaration signed by the owner or owner's authorized agent. The
declaration shall be accompanied by appropriate documentation, such as paint receipt or a
contractor invoice, or contain an appropriate endorsement and must contain a clear
statement that the antifouling system on the ship complies with the Convention. The
Secretary would be authorized to prescribe the form and other requirements of the
declaration.

Section 1023. Other Compliance Documentation.

This section would authorize the Secretary to require vessels to hold other documentation
deemed necessary to verify compliance with this Act in addition to the requirements under
sections 1021 and 1022.

Section 1024. Process for Considering Additional Controls.

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This section would authorize the Administrator to participate in the technical group,
described in article 7 of the Convention, and in any other body convened pursuant to the
Convention for the consideration of new or additional controls on antifouling systems;
evaluate any risks of adverse effects on non-target organisms or human health presented
by a given antifouling system; undertake an assessment of relevant environmental,
technical and economic considerations necessary to evaluate any proposals for new or
additional controls of antifouling systems, including benefits in the United States and
elsewhere, associated with the production and uses of the subject antifouling system; and
develop recommendations based on such assessment.

This section would require the Secretary of State to convene a public meeting of the
Shipping Coordinating Committee upon referral of any antifouling system to the technical
group described in article 7 of the Convention, for consideration of new or additional
controls. The purpose of the meeting will be to receive information and comments regarding
controls on such antifouling system. Advanced notice of such meeting shall be published in
the Federal Register and on the State Department's website by the Secretary of State. The
Administrator shall assemble and maintain a public docket containing notices pertaining to
such meeting, any comments responding to such notices, the minutes of such meeting, and
materials presented at such meeting.

The Administrator shall promptly make any report by the technical group described in the
Convention available to the public through the docket established pursuant to this section
and announce the availability of such report in the Federal Register. The Administrator shall
provide an opportunity for a public comment for a period of not less than 30 days from the
time the availability of the report is announced in the Federal Register. Where practicable,
the Administrator shall take such comments into consideration in developing
recommendations pursuant to this section.

Section 1025. Scientific and Technical Research and Monitoring; Communication and
Information.
This section would authorize the Secretary, Administrator, and the Administrator of the
National Oceanic and Atmospheric Administration to each undertake scientific and technical
research and monitoring pursuant to article 8 of the Convention and to promote the
availability of relevant information concerning the scientific and technical activities
undertaken in accordance with the Convention; marine scientific and technological
programs and their objectives; and the effects observed from any monitoring and
assessment programs relating to antifouling systems.

Section 1026. Communication and Exchange of Information.

This section would require the Administrator to provide, to any party to the Convention who
requests it, relevant information on which the decision to regulate was based, including
information provided for in annex 3 to the Convention, or other information suitable for
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making an appropriate evaluation of the antifouling system; provided that, this section shall
not be construed to authorize the provision of information whose disclosure is otherwise
prohibited by law.

SUBTITLE C – PROHIBITIONS AND ENFORCEMENT AUTHORITY

Section 1031. Prohibitions.

Notwithstanding any other provision of law, this section would prohibit a person from selling
or distributing organotin or an antifouling system containing organotin; manufacturing,
processing, or using organotin to formulate an antifouling system; or applying an antifouling
system containing organotin on any ship to which this title applies.

This section also would prohibit vessels from bearing any antifouling system containing
organotin on its hull or outer surface, regardless of when the system was applied, unless
that vessel bears an overcoating that forms a barrier to organotin leaching from the
underlying antifouling system.

However, these hull restrictions would not apply to fixed and floating platforms, FSUs, or
FPSOs that were constructed prior to January 1, 2003, and that have not been in dry dock
on or after that date.

In addition, this section would not apply to the sale, distribution, or use pursuant to any
agreement between the Administrator and any person that results in an earlier prohibition or
cancellation date than specified in this title, or the manufacture, processing, formulation,
sale, distribution, or use of organotin or antifouling systems containing organotin used or
intended for use only for sonar domes or in conductivity sensors in oceanographic
instruments.

Section 1032. Investigations and Inspections by Secretary.

This section would authorize the Secretary to conduct investigations and inspections
regarding a vessel's compliance with this title or the Convention. If an investigation is being
conducted under this section, the Secretary may issue subpoenas to require the attendance
of witnesses and the production of documents and other evidence. If a person refuses to
obey a subpoena issued to them, the Secretary may request the Attorney General to invoke
the aid of the appropriate district court of the United States to compel compliance. After the
investigation is completed, the Secretary may take whatever further action considered by
the Secretary to be appropriate under the Convention or this title. The Secretary may
cooperate with other parties to the Convention to detect violations and enforce the
Convention. This section does not affect or alter requirements under any other laws.

Section 1033. EPA Enforcement.

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This section would authorize officers or employees of the Environmental Protection Agency
or of any State designated by the Administrator to enter any location, at reasonable times,
where organotin or antifouling systems containing organotin are held with the authority to
inspect and obtain samples of any container or labeling for organotin or other substance or
system regulated under the Convention. In case of refusal to obey a subpoena issued to
any person, the Administrator may request the Attorney General to compel compliance.

Consistent with section 1013 of this title, whenever any organotin or other substance or
system is found by the Administrator and there is reason to believe that a seller,
manufacturer, distributer or user has violated or is in violation of any provisions of this title,
or that such organotin or other substance or system has been or is intended to be
manufactured, distributed, sold, or used in violation of this title, the Administrator may issue
a stop manufacture, sale, use or removal order to any other person who owns, controls or
has custody of such organotin or substance or system regulated under the Convention.
After receipt of such order, no person shall manufacture, sell, distribute, use or remove the
organotin or other substance or system described in the order except in accordance with
the order

Section 1034. Additional Authority of the Administrator.

This section would authorize the Administrator, in consultation with the Secretary, to
establish, as necessary, terms and conditions regarding the removal and disposal of
antifouling systems prohibited or restricted under this title.

SUBTITLE D – ACTION ON VIOLATION, PENALTIES, AND REFERRALS

Section. 1041 Criminal Enforcement.

This section would establish criminal enforcement such that any person who knowingly
violates the Convention, this title, or any regulation issued thereunder shall be fined under
title 18, or imprisoned not more than six (6) years, or both.

Section 1042. Civil Enforcement.

This section would establish civil penalties for violations of the Convention, this title or any
relevant regulations. After notice and an opportunity for a hearing, violators are liable for a
civil penalty of not more than $37,500 for each violation. This section would also provide a
civil penalty not to exceed $50,000 for each false, fictitious, or fraudulent statement or
representation to the Secretary under the Convention, this title, or any relevant regulations.
Each day or instance of a continuing violation constitutes a separate violation. The
provisions of this section do not limit or affect the authority of the United States, under 18
U.S.C. Sec. 1001. This section would establish a lesser civil penalty for violations that are
committed by an owner or operator of a recreational vessel. Such penalties may not exceed
$5,000 for each violation.

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Section 1043. Liability in rem.
This section would require that a vessel operated in violation of the Convention, this title, or
any regulation issued thereunder to be liable in rem for any fine imposed under section 18,
United States Code, or civil penalty assessed pursuant to section 1042 and may be
proceeded against in the U.S. District court of any district in which the ship may be found.

Section 1044. Vessel Clearance or Permits; Refusal or revocation; Bond or other

Surety.
This section would authorize any vessel subject to the Convention, or this title, or its owner,
operator, or person in charge to be liable for a fine or civil penalty under section 402 or 403.
If reasonable cause exists to believe the vessel, its owner, operator or person in charge
may be subject to a fine or civil penalty under section 1042 or 1043, the Secretary may
refuse or revoke the clearance required by 46 U.S.C. Sec. 60105. Clearance may be
granted upon the filing of a bond or other surety satisfactory to the Secretary.

Section 1045. Warnings, Detentions, Dismissals, Exclusion.

This section would authorize the Secretary to warn, detain, dismiss, or exclude the vessel
from any port or offshore terminal under the jurisdiction of the United States if the vessel is
detected to be in violation of the Convention, this title or any relevant regulations. This
section would also require that if action is taken against a vessel registered in another
country, the Secretary, in consultation with the Secretary of State, shall make the
notifications required by the Convention.

Section 1046. Referrals for Appropriate Action by Foreign Country.

This section states that, if a violation of the Convention is committed by a vessel registered
in or of the nationality of a country that is party to the Convention or by a vessel operated
under the authority of a country that is a party to the Convention, the Secretary, acting in
coordination with the Secretary of State, may refer the matter to the government of the
country of the vessel's registry or nationality, or under whose authority the vessel is
operating for appropriate action, rather than taking the actions otherwise required or
authorized by this title.

Section 1047. Remedies Not Affected.

This would require that nothing in this title shall limit, deny, amend, modify, or repeal any
other remedy available to the United States. Also, nothing in this title shall limit, deny,
amend, modify, or repeal the rights under existing law, of any State, territory or possession
of the United States, or political subdivision to regulate antifouling system. Compliance with
the requirements of any State or political subdivision thereof respecting antifouling paint or
any other antifouling system shall not relieve any person of the obligation to comply with the
provisions of this title.

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Section 1048. Repeal.
This section would repeal The Organotin Antifouling Paint Control Act of 1988 (33 U.S.C.
2401 et seq.).

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