StatA

PUBLIC LAW 111–281—OCT. 15, 2010

124 STAT. 2905

Public Law 111–281
111th Congress
An Act
To authorize appropriations for the Coast Guard for fiscal year 2011, and for
other purposes.

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

Oct. 15, 2010
[H.R. 3619]
Coast Guard
Authorization
Act of 2010.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Coast Guard
Authorization Act of 2010’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I—AUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.

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TITLE II—COAST GUARD

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201.
202.
203.
204.
205.

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206.
207.
208.
209.
210.
211.
212.
213.
214.
215.
216.
217.
218.
219.
220.
221.
222.
223.
224.

Appointment of civilian Coast Guard judges.
Industrial activities.
Reimbursement for medical-related travel expenses.
Commissioned officers.
Coast Guard participation in the Armed Forces Retirement Home (AFRH)
system.
Grants to international maritime organizations.
Leave retention authority.
Enforcement authority.
Repeal.
Merchant Mariner Medical Advisory Committee.
Reserve commissioned warrant officer to lieutenant program.
Enhanced status quo officer promotion system.
Coast Guard vessels and aircraft.
Coast Guard District Ombudsmen.
Coast Guard commissioned officers: compulsory retirement.
Enforcement of coastwise trade laws.
Report on sexual assaults in the Coast Guard.
Home port of Coast Guard vessels in Guam.
Supplemental positioning system.
Assistance to foreign governments and maritime authorities.
Coast guard housing.
Child development services.
Chaplain activity expense.
Coast Guard cross; silver star medal.

Sec.
Sec.
Sec.
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301.
302.
303.
304.
305.
306.
307.

TITLE III—SHIPPING AND NAVIGATION
Seaward extension of anchorage grounds jurisdiction.
Maritime Drug Law Enforcement Act amendment-simple possession.
Technical amendments to tonnage measurement law.
Merchant mariner document standards.
Ship emission reduction technology demonstration project.
Phaseout of vessels supporting oil and gas development.
Arctic marine shipping assessment implementation.

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124 STAT. 2906
Sec.
Sec.
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PUBLIC LAW 111–281—OCT. 15, 2010
401.
402.
403.
404.

TITLE IV—ACQUISITION REFORM
Chief Acquisition Officer.
Acquisitions.
National Security Cutters.
Acquisition workforce expedited hiring authority.

TITLE V—COAST GUARD MODERNIZATION
Sec. 501. Short title.
Subtitle A—Coast Guard Leadership
Sec. 511. Vice admirals.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

521.
522.
523.
524.
525.
526.

Sec.
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601.
602.
603.
604.
605.
606.

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607.
608.
609.
610.
611.
612.
613.
614.

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616.
617.
618.
619.
620.
621.
622.

TITLE VI—MARINE SAFETY
Short title.
Vessel size limits.
Cold weather survival training.
Fishing vessel safety.
Mariner records.
Deletion of exemption of license requirement for operators of certain towing vessels.
Log books.
Safe operations and equipment standards.
Approval of survival craft.
Safety management.
Protection against discrimination.
Oil fuel tank protection.
Oaths.
Duration of licenses, certificates of registry, and merchant mariners’ documents.
Authorization to extend the duration of licenses, certificates of registry,
and merchant mariners’ documents.
Merchant mariner assistance report.
Offshore supply vessels.
Associated equipment.
Lifesaving devices on uninspected vessels.
Study of blended fuels in marine application.
Renewal of advisory committees.
Delegation of authority.

Sec.
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701.
702.
703.
704.
705.
706.
707.
708.
709.
710.
711.
712.
713.

TITLE VII—OIL POLLUTION PREVENTION
Rulemakings.
Oil transfers from vessels.
Improvements to reduce human error and near miss incidents.
Olympic Coast National Marine Sanctuary.
Prevention of small oil spills.
Improved coordination with tribal governments.
Report on availability of technology to detect the loss of oil.
Use of oil spill liability trust fund.
International efforts on enforcement.
Higher volume port area regulatory definition change.
Tug escorts for laden oil tankers.
Extension of financial responsibility.
Liability for use of single-hull vessels.

Sec.
Sec.
Sec.
Sec.
Sec.
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801.
802.
803.
804.
805.
806.
807.

TITLE VIII—PORT SECURITY
America’s Waterway Watch Program.
Transportation Worker Identification Credential.
Interagency operational centers for port security.
Deployable, specialized forces.
Coast Guard detection canine team program expansion.
Coast Guard port assistance Program.
Maritime biometric identification.

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Sec. 615.

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Subtitle B—Workforce Expertise
Prevention and response staff.
Marine safety mission priorities and long-term goals.
Powers and duties.
Appeals and waivers.
Coast Guard Academy.
Report regarding civilian marine inspectors.

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PUBLIC LAW 111–281—OCT. 15, 2010
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808.
809.
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811.
812.
813.
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815.
816.

Sec. 817.
Sec. 818.
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819.
820.
821.
822.

Sec. 823.
Sec. 824.
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825.
826.
827.
828.

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901.
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905.
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Sec. 908.
Sec. 909.
Sec. 910.
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911.
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919.
920.
921.

124 STAT. 2907

Pilot Program for fingerprinting of maritime workers.
Transportation security cards on vessels.
Maritime Security Advisory Committees.
Seamen’s shoreside access.
Waterside security of especially hazardous cargo.
Review of liquefied natural gas facilities.
Use of secondary authentication for transportation security cards.
Assessment of transportation security card enrollment sites.
Assessment of the feasibility of efforts to mitigate the threat of small boat
attack in major ports.
Report and recommendation for uniform security background checks.
Transportation security cards: access pending issuance; deadlines for
processing; receipt.
Harmonizing security card expirations.
Clarification of rulemaking authority.
Port security training and certification.
Integration of security plans and systems with local port authorities,
State harbor divisions, and law enforcement agencies.
Transportation security cards.
Pre-positioning interoperable communications equipment at interagency
operational centers.
International port and facility inspection coordination.
Area transportation security incident mitigation plan.
Risk based resource allocation.
Port security zones.
TITLE IX—MISCELLANEOUS PROVISIONS
Waivers.
Crew wages on passenger vessels.
Technical corrections.
Manning requirement.
Study of bridges over navigable waters.
Limitation on jurisdiction of States to tax certain seamen.
Land conveyance, Coast Guard property in Marquette County, Michigan,
to the City of Marquette, Michigan.
Mission requirement analysis for navigable portions of the Rio Grande
River, Texas, international water boundary.
Conveyance of Coast Guard property in Cheboygan, Michigan.
Alternative licensing program for operators of uninspected passenger vessels on Lake Texoma in Texas and Oklahoma.
Strategy regarding drug trafficking vessels.
Use of force against piracy.
Technical amendments to chapter 313 of title 46, United States Code.
Conveyance of Coast Guard vessels for public purposes.
Assessment of certain aids to navigation and traffic flow.
Fresnel Lens from Presque Isle Light Station in Presque Isle, Michigan.
Maritime Law Enforcement.
Capital investment plan.
Reports.
Compliance provision.
Conveyance of Coast Guard property in Portland, Maine.
TITLE X—CLEAN HULLS

Sec.
Sec.
Sec.
Sec.
Sec.

1011.
1012.
1013.
1014.
1015.

Subtitle A—General Provisions
Definitions.
Covered vessels.
Administration and enforcement.
Compliance with international law.
Utilization of personnel, facilities or equipment of other Federal departments and agencies.

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

Subtitle C—Prohibitions and Enforcement Authority
Sec. 1031. Prohibitions.

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124 STAT. 2908

PUBLIC LAW 111–281—OCT. 15, 2010

Sec. 1032. Investigations and inspections by Secretary.
Sec. 1033. EPA enforcement.
Sec. 1034. Additional authority of the Administrator.
Sec.
Sec.
Sec.
Sec.
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Sec.
Sec.
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1041.
1042.
1043.
1044.
1045.
1046.
1047.
1048.

Subtitle D—Action on Violation, Penalties, and Referrals
Criminal enforcement.
Civil enforcement.
Liability in rem.
Vessel clearance or permits; refusal or revocation; bond or other surety.
Warnings, detentions, dismissals, exclusion.
Referrals for appropriate action by foreign country.
Remedies not affected.
Repeal.

TITLE I—AUTHORIZATION

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SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

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

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PUBLIC LAW 111–281—OCT. 15, 2010

124 STAT. 2909

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

102.

AUTHORIZED
TRAINING.

LEVELS

OF

MILITARY

STRENGTH

AND

(a) ACTIVE DUTY STRENGTH.—The Coast Guard is authorized
an end-of-year strength for active duty personnel of 47,000 for
the fiscal year ending on September 30, 2011.
(b) MILITARY TRAINING STUDENT LOADS.—For fiscal year 2011,
the Coast Guard is authorized average military training student
loads as follows:
(1) For recruit and special training, 2,500 student years.
(2) For flight training, 165 student years.
(3) For professional training in military and civilian institutions, 350 student years.
(4) For officer acquisition, 1,200 student years.

TITLE II—COAST GUARD
SEC. 201. APPOINTMENT OF CIVILIAN COAST GUARD JUDGES.

(a) IN GENERAL.—Chapter 7 of title 14, United States Code,
is amended by adding at the end the following:
‘‘§ 153. Appointment of judges
‘‘The Secretary may appoint civilian employees of the department in which the Coast Guard is operating as appellate military
judges, available for assignment to the Coast Guard Court of
Criminal Appeals as provided for in section 866(a) of title 10.’’.
(b) CLERICAL AMENDMENT.—The analysis for such chapter is
amended by adding at the end the following:

14 USC 141.

‘‘153. Appointment of judges.’’.
SEC. 202. INDUSTRIAL ACTIVITIES.

Section 151 of title 14, United States Code, is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘All orders’’;
and
(2) by adding at the end the following:
‘‘(b) ORDERS AND AGREEMENTS FOR INDUSTRIAL ACTIVITIES.—
Under this section, the Coast Guard industrial activities may accept
orders from and enter into reimbursable agreements with establishments, agencies, and departments of the Department of Defense
and the Department of Homeland Security.’’.
SEC.

203.

REIMBURSEMENT
EXPENSES.

FOR

MEDICAL-RELATED

TRAVEL

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(a) IN GENERAL.—Chapter 13 of title 14, United States Code,
is amended by adding at the end the following:
‘‘§ 518. Reimbursement for medical-related travel expenses
for certain persons residing on islands in the continental United States
‘‘In any case in which a covered beneficiary (as defined in
section 1072(5) of title 10) resides on an island that is located

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124 STAT. 2910

14 USC 461.

PUBLIC LAW 111–281—OCT. 15, 2010

in the 48 contiguous States and the District of Columbia and
that lacks public access roads to the mainland and is referred
by a primary care physician to a specialty care provider (as defined
in section 1074i(b) of title 10) on the mainland who provides services
less than 100 miles from the location where the beneficiary resides,
the Secretary shall reimburse the reasonable travel expenses of
the covered beneficiary and, when accompaniment by an adult
is necessary, for a parent or guardian of the covered beneficiary
or another member of the covered beneficiary’s family who is at
least 21 years of age.’’.
(b) CLERICAL AMENDMENT.—The analysis for such chapter is
amended by adding at the end the following:
‘‘518. Reimbursement for medical-related travel expenses for certain persons residing on islands in the continental United States.’’.
SEC. 204. COMMISSIONED OFFICERS.

(a) ACTIVE DUTY PROMOTION LIST.—Section 42 of title 14,
United States Code, is amended to read as follows:

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Applicability.

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‘‘§ 42. Number and distribution of commissioned officers on
active duty promotion list
‘‘(a) MAXIMUM TOTAL NUMBER.—The total number of Coast
Guard commissioned officers on the active duty promotion list,
excluding warrant officers, shall not exceed 7,200; except that the
Commandant may temporarily increase that number by up to 2
percent for no more than 60 days following the date of the commissioning of a Coast Guard Academy class.
‘‘(b) DISTRIBUTION PERCENTAGES BY GRADE.—
‘‘(1) REQUIRED.—The total number of commissioned officers
authorized by this section shall be distributed in grade in
the following percentages: 0.375 percent for rear admiral; 0.375
percent for rear admiral (lower half); 6.0 percent for captain;
15.0 percent for commander; and 22.0 percent for lieutenant
commander.
‘‘(2) DISCRETIONARY.—The Secretary shall prescribe the
percentages applicable to the grades of lieutenant, lieutenant
(junior grade), and ensign.
‘‘(3) AUTHORITY OF SECRETARY TO REDUCE PERCENTAGE.—
The Secretary—
‘‘(A) may reduce, as the needs of the Coast Guard
require, any of the percentages set forth in paragraph
(1); and
‘‘(B) shall apply that total percentage reduction to any
other lower grade or combination of lower grades.
‘‘(c) COMPUTATIONS.—
‘‘(1) IN GENERAL.—The Secretary shall compute, at least
once each year, the total number of commissioned officers
authorized to serve in each grade by applying the grade distribution percentages established by or under this section to
the total number of commissioned officers listed on the current
active duty promotion list.
‘‘(2) ROUNDING FRACTIONS.—Subject to subsection (a), in
making the computations under paragraph (1), any fraction
shall be rounded to the nearest whole number.
‘‘(3) TREATMENT OF OFFICERS SERVING OUTSIDE COAST
GUARD.—The number of commissioned officers on the active
duty promotion list below the rank of rear admiral (lower

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PUBLIC LAW 111–281—OCT. 15, 2010

124 STAT. 2911

half) serving with other Federal departments or agencies on
a reimbursable basis or excluded under section 324(d) of title
49 shall not be counted against the total number of commissioned officers authorized to serve in each grade.
‘‘(d) USE OF NUMBERS; TEMPORARY INCREASES.—The numbers
resulting from computations under subsection (c) shall be, for all
purposes, the authorized number in each grade; except that the
authorized number for a grade is temporarily increased during
the period between one computation and the next by the number
of officers originally appointed in that grade during that period
and the number of officers of that grade for whom vacancies exist
in the next higher grade but whose promotion has been delayed
for any reason.
‘‘(e) OFFICERS SERVING COAST GUARD ACADEMY AND RESERVE.—
The number of officers authorized to be serving on active duty
in each grade of the permanent commissioned teaching staff of
the Coast Guard Academy and of the Reserve serving in connection
with organizing, administering, recruiting, instructing, or training
the reserve components shall be prescribed by the Secretary.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 3 of such
title is amended by striking the item relating to section 42 and
inserting the following:

14 USC 41.

‘‘42. Number and distribution of commissioned officers on active duty promotion
list.’’.
SEC. 205. COAST GUARD PARTICIPATION IN THE ARMED FORCES
RETIREMENT HOME (AFRH) SYSTEM.

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

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SEC. 206. GRANTS TO INTERNATIONAL MARITIME ORGANIZATIONS.

Section 149 of title 14, United States Code, is amended by
adding at the end the following:
‘‘(c) GRANTS TO INTERNATIONAL MARITIME ORGANIZATIONS.—
After consultation with the Secretary of State, the Commandant
may make grants to, or enter into cooperative agreements, contracts,

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124 STAT. 2912

PUBLIC LAW 111–281—OCT. 15, 2010

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

(a) IN GENERAL.—Chapter 11 of title 14, United States Code,
is amended by inserting after section 425 the following:
‘‘§ 426. Emergency leave retention authority
‘‘(a) IN GENERAL.—A duty assignment for an active duty
member of the Coast Guard in support of a declaration of a major
disaster or emergency by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) or in response to a spill of national significance shall
be treated, for the purpose of section 701(f)(2) of title 10, as a
duty assignment in support of a contingency operation.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) SPILL OF NATIONAL SIGNIFICANCE.—The term ‘spill of
national significance’ means a discharge of oil or a hazardous
substance that is declared by the Commandant to be a spill
of national significance.
‘‘(2) DISCHARGE.—The term ‘discharge’ has the meaning
given that term in section 1001 of the Oil Pollution Act of
1990 (33 U.S.C. 2701).’’.
(b) CLERICAL AMENDMENT.—The analysis for such chapter is
amended by inserting after the item relating to section 425 the
following:

14 USC 211.

Effective date.
14 USC 426 note.

‘‘426. Emergency leave retention authority.’’.
(c) APPLICATION.—The amendments

made by this section shall
be deemed to have been enacted on April 19, 2010.
SEC. 208. ENFORCEMENT AUTHORITY.

(a) IN GENERAL.—Chapter 5 of title 14, United States Code,
is amended by adding at the end the following:

14 USC 81.

‘‘§ 99. Enforcement authority
‘‘Subject to guidelines approved by the Secretary, members
of the Coast Guard, in the performance of official duties, may—
‘‘(1) carry a firearm; and
‘‘(2) while at a facility (as defined in section 70101 of
title 46)—
‘‘(A) make an arrest without warrant for any offense
against the United States committed in their presence;
and
‘‘(B) seize property as otherwise provided by law.’’.
(b) CONFORMING REPEAL.—Section 70117 of title 46, United
States Code, and the item relating to such section in the analysis
at the beginning of chapter 701 of such title, are repealed.
(c) CLERICAL AMENDMENT.—The analysis for such chapter is
amended by adding at the end the following:
‘‘99. Enforcement authority.’’.

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14 USC 211.

SEC. 209. REPEAL.

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

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PUBLIC LAW 111–281—OCT. 15, 2010

124 STAT. 2913

SEC. 210. MERCHANT MARINER MEDICAL ADVISORY COMMITTEE.

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

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Deadline.
14 USC 7115
note.
14 USC 7101.

PUBLIC LAW 111–281—OCT. 15, 2010

‘‘(f) STAFF; SERVICES.—The Secretary shall furnish to the Committee the personnel and services as are considered necessary for
the conduct of its business.’’.
(b) FIRST MEETING.—No later than six months after the date
of enactment of this Act, the Merchant Mariner Medical Advisory
Committee established by the amendment made by this section
shall hold its first meeting.
(c) CLERICAL AMENDMENT.—The analysis for chapter 71 of that
title is amended by adding at the end the following:
‘‘7115. Merchant Mariner Medical Advisory Committee.’’.
SEC. 211. RESERVE COMMISSIONED WARRANT OFFICER TO LIEUTENANT PROGRAM.

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

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SEC. 212. ENHANCED STATUS QUO OFFICER PROMOTION SYSTEM.

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

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124 STAT. 2915

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

(a) AUTHORITY TO FIRE AT OR INTO A VESSEL.—Section 637(c)
of title 14, United States Code, is amended—
(1) in paragraph (1), by striking ‘‘; or’’ and inserting a
semicolon;
(2) in paragraph (2), by striking the period at the end
and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(3) any other vessel or aircraft on government noncommercial service when—
‘‘(A) the vessel or aircraft is under the tactical control
of the Coast Guard; and
‘‘(B) at least one member of the Coast Guard is
assigned and conducting a Coast Guard mission on the
vessel or aircraft.’’.
(b) AUTHORITY TO DISPLAY COAST GUARD ENSIGNS AND PENNANTS.—Section 638(a) of title 14, United States Code, is amended
by striking ‘‘Coast Guard vessels and aircraft’’ and inserting ‘‘Vessels and aircraft authorized by the Secretary’’.
SEC. 214. COAST GUARD DISTRICT OMBUDSMEN.

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(a) IN GENERAL.—Chapter 3 of title 14, United States Code,
is amended by adding at the end the following new section:
‘‘§ 55. District Ombudsmen
‘‘(a) IN GENERAL.—The Commandant shall appoint in each
Coast Guard District a District Ombudsman to serve as a liaison
between ports, terminal operators, shipowners, and labor representatives and the Coast Guard.
‘‘(b) PURPOSE.—The purpose of the District Ombudsman shall
be the following:
‘‘(1) To support the operations of the Coast Guard in each
port in the District for which the District Ombudsman is
appointed.
‘‘(2) To improve communications between and among port
stakeholders including, port and terminal operators, ship
owners, labor representatives, and the Coast Guard.
‘‘(3) To seek to resolve disputes between the Coast Guard
and all petitioners regarding requirements imposed or services
provided by the Coast Guard.
‘‘(c) FUNCTIONS.—
‘‘(1) COMPLAINTS.—The District Ombudsman may examine
complaints brought to the attention of the District Ombudsman
by a petitioner operating in a port or by Coast Guard personnel.
‘‘(2) GUIDELINES FOR DISPUTES.—
‘‘(A) IN GENERAL.—The District Ombudsman shall
develop guidelines regarding the types of disputes with

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14 USC 41.

PUBLIC LAW 111–281—OCT. 15, 2010

respect to which the District Ombudsman will provide
assistance.
‘‘(B) LIMITATION.—The District Ombudsman shall not
provide assistance with respect to a dispute unless it
involves the impact of Coast Guard requirements on port
business and the flow of commerce.
‘‘(C) PRIORITY.—In providing such assistance, the District Ombudsman shall give priority to complaints brought
by petitioners who believe they will suffer a significant
hardship as the result of implementing a Coast Guard
requirement or being denied a Coast Guard service.
‘‘(3) CONSULTATION.—The District Ombudsman may consult
with any Coast Guard personnel who can aid in the investigation of a complaint.
‘‘(4) ACCESS TO INFORMATION.—The District Ombudsman
shall have access to any Coast Guard document, including
any record or report, that will aid the District Ombudsman
in obtaining the information needed to conduct an investigation
of a complaint.
‘‘(5) REPORTS.—At the conclusion of an investigation, the
District Ombudsman shall submit a report on the findings
and recommendations of the District Ombudsman, to the Commander of the District in which the petitioner who brought
the complaint is located or operating.
‘‘(6) DEADLINE.—The District Ombudsman shall seek to
resolve each complaint brought in accordance with the guidelines—
‘‘(A) in a timely fashion; and
‘‘(B) not later than 4 months after the complaint is
officially accepted by the District Ombudsman.
‘‘(d) APPOINTMENT.—The Commandant shall appoint as the District Ombudsman an individual who has experience in port and
transportation systems and knowledge of port operations or of maritime commerce (or both).
‘‘(e) ANNUAL REPORTS.—The Secretary shall report annually
to the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the matters brought before the
District Ombudsmen, including—
‘‘(1) the number of matters brought before each District
Ombudsman;
‘‘(2) a brief summary of each such matter; and
‘‘(3) the eventual resolution of each such matter.’’.
(b) CLERICAL AMENDMENT.—The analysis at the beginning of
that chapter is amended by adding at the end the following new
item:
‘‘55. District Ombudsmen.’’.
SEC. 215. COAST GUARD COMMISSIONED OFFICERS: COMPULSORY
RETIREMENT.

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(a) IN GENERAL.—Chapter 11 of title 14, United States Code,
is amended by striking section 293 and inserting the following:
‘‘§ 293. Compulsory retirement
‘‘(a) REGULAR COMMISSIONED OFFICERS.—Any regular commissioned officer, except a commissioned warrant officer, serving in
a grade below rear admiral (lower half) shall be retired on the

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124 STAT. 2917

first day of the month following the month in which the officer
becomes 62 years of age.
‘‘(b) FLAG-OFFICER GRADES.—(1) Except as provided in paragraph (2), any regular commissioned officer serving in a grade
of rear admiral (lower half) or above shall be retired on the first
day of the month following the month in which the officer becomes
64 years of age.
‘‘(2) The retirement of an officer under paragraph (1) may
be deferred—
‘‘(A) by the President, but such a deferment may not extend
beyond the first day of the month following the month in
which the officer becomes 68 years of age; or
‘‘(B) by the Secretary of the department in which the Coast
Guard is operating, but such a deferment may not extend
beyond the first day of the month following the month in
which the officer becomes 66 years of age.’’.
(b) CLERICAL AMENDMENT.—The analysis at the beginning of
such chapter is amended by striking the item relating to such
section and inserting the following:

14 USC 211.

‘‘293. Compulsory retirement.’’.
SEC. 216. ENFORCEMENT OF COASTWISE TRADE LAWS.

(a) IN GENERAL.—Chapter 5 of title 14, United States Code,
is further amended by adding at the end the following:
‘‘§ 100. Enforcement of coastwise trade laws
‘‘Officers and members of the Coast Guard are authorized to
enforce chapter 551 of title 46. The Secretary shall establish a
program for these officers and members to enforce that chapter.’’.
(b) CLERICAL AMENDMENT.—The analysis for that chapter is
further amended by adding at the end the following new item:

14 USC 81.

‘‘100. Enforcement of coastwise trade laws.’’.
(c) REPORT.—The Secretary of

the department in which the
Coast Guard is operating shall submit a report to the Committee
on Transportation and Infrastructure of the House of Representatives and the Senate Committee on Commerce, Science, and
Transportation within 1 year after the date of enactment of this
Act on the enforcement strategies and enforcement actions taken
to enforce the coastwise trade laws.

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SEC. 217. REPORT ON SEXUAL ASSAULTS IN THE COAST GUARD.

14 USC 93 note.

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

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124 STAT. 2918

PUBLIC LAW 111–281—OCT. 15, 2010
(2) A synopsis of, and the disciplinary action taken in,
each substantiated case.
(3) The policies, procedures, and processes implemented
by the Secretary concerned during the year covered by such
report in response to incidents of sexual assault involving members of the Coast Guard concerned.
(4) A plan for the actions that are to be taken in the
year following the year covered by such report on the prevention
of and response to sexual assault involving members of the
Coast Guard concerned.

SEC. 218. HOME PORT OF COAST GUARD VESSELS IN GUAM.

Section 96 of title 14, United States Code, is amended—
(1) by striking ‘‘a State of the United States’’ and inserting
‘‘the United States or Guam’’; and
(2) by inserting ‘‘or Guam’’ after ‘‘outside the United
States’’.
Deadline.
Study.
Notification.

SEC. 219. SUPPLEMENTAL POSITIONING SYSTEM.

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

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SEC. 220. ASSISTANCE TO FOREIGN GOVERNMENTS AND MARITIME
AUTHORITIES.

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

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124 STAT. 2919

SEC. 221. COAST GUARD HOUSING.

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(a) IN GENERAL.—Chapter 18 of title 14, United States Code,
is amended—
(1) in section 680—
(A) by striking paragraphs (1), (2), and (3) and
inserting the following new paragraphs:
‘‘(1) The term ‘construct’ means to build, renovate, or
improve military family housing and military unaccompanied
housing.
‘‘(2) The term ‘construction’ means building, renovating,
or improving military family housing and military unaccompanied housing.’’; and
(B) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively;
(2) in section 681(a)—
(A) in the matter preceding paragraph (1), by striking
‘‘exercise any authority or any combination of authorities
provided under this chapter in order to provide for the
acquisition or construction by private persons, including
a small business concern qualified under section 8(a) of
the Small Business Act (15 U.S.C. 637(a)), of the following:’’
and inserting ‘‘acquire or construct the following:’’;
(B) in paragraph (1), by striking ‘‘Family housing units’’
and inserting ‘‘Military family housing’’; and
(C) in paragraph (2), by striking ‘‘Unaccompanied
housing units’’ and inserting ‘‘Military unaccompanied
housing’’;
(3) by repealing sections 682, 683, and 684;
(4) by amending section 685 to read as follows:
‘‘§ 685. Conveyance of real property
‘‘(a) CONVEYANCE AUTHORIZED.—Notwithstanding any other
provision of law, the Secretary may convey, at fair market value,
real property, owned or under the administrative control of the
Coast Guard, for the purpose of expending the proceeds from such
conveyance to acquire and construct military family housing and
military unaccompanied housing.
‘‘(b) TERMS AND CONDITIONS.—
‘‘(1) The conveyance of real property under this section
shall be by sale, for cash. The Secretary shall deposit the
proceeds from the sale in the Coast Guard Housing Fund established under section 687 of this title, for the purpose of
expending such proceeds to acquire and construct military
family housing and military unaccompanied housing.
‘‘(2) The conveyance of real property under this section
shall not diminish the mission capacity of the Coast Guard,
but further the mission support capability of the Coast Guard
with regard to military family housing or military unaccompanied housing.
‘‘(c) RELATIONSHIP TO ENVIRONMENTAL LAW.—This section does
not affect or limit the application of or obligation to comply with
any environmental law, including section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9620(h)).’’;
(5) by repealing section 686;
(6) in section 687—
(A) in subsection (b)—

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124 STAT. 2920

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

14 USC 687a.

14 USC 680 note.
14 USC 680.

PUBLIC LAW 111–281—OCT. 15, 2010

‘‘§ 688. Reports
‘‘The Secretary shall prepare and submit to Congress, concurrent with the budget submitted pursuant to section 1105 of title
31, a report identifying the contracts or agreements for the conveyance of properties pursuant to this chapter executed during the
prior calendar year.’’; and
(9) by repealing section 689.
(b) SAVINGS CLAUSE.—This section shall not affect any action
commenced prior to the date of enactment of this Act.
(c) CLERICAL AMENDMENT.—The chapter analysis at the beginning of such chapter is amended—
(1) by striking the items relating to sections 682, 683,
684, 686, 687a, and 689; and
(2) by amending the item relating to section 685 to read
as follows:
‘‘685. Conveyance of real property.’’.
SEC. 222. CHILD DEVELOPMENT SERVICES.

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Regulations.
Fees.

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Section 515 of title 14, United States Code, is amended—
(1) by striking subsection (b) and inserting the following:
‘‘(b)(1) The Commandant is authorized to use appropriated
funds available to the Coast Guard to provide child development
services.
‘‘(2)(A) The Commandant is authorized to establish, by regulations, fees to be charged parents for the attendance of children
at Coast Guard child development centers.
‘‘(B) Fees to be charged, pursuant to subparagraph (A), shall
be based on family income, except that the Commandant may,
on a case-by-base basis, establish fees at lower rates if such rates
would not be competitive with rates at local child development
centers.

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124 STAT. 2921

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

Section 145 of title 14, United States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (2), by striking ‘‘and’’ at the end;
(B) in paragraph (3), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following new paragraph:
‘‘(4) detail personnel from the Chaplain Corps to provide
services, pursuant to section 1789 of title 10, to the Coast
Guard.’’; and
(2) by adding at the end the following new subsection:
‘‘(d)(1) As part of the services provided by the Secretary of
the Navy pursuant to subsection (a)(4), the Secretary may provide
support services to chaplain-led programs to assist members of
the Coast Guard on active duty and their dependents, and members
of the reserve component in an active status and their dependents,
in building and maintaining a strong family structure.
‘‘(2) In this subsection, the term ‘support services’ include
transportation, food, lodging, child care, supplies, fees, and training
materials for members of the Coast Guard on active duty and
their dependents, and members of the reserve component in an
active status and their dependents, while participating in programs
referred to in paragraph (1), including participation at retreats
and conferences.
‘‘(3) In this subsection, the term ‘dependents’ has the same
meaning as defined in section 1072(2) of title 10.’’.
SEC. 224. COAST GUARD CROSS; SILVER STAR MEDAL.

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(a) COAST GUARD CROSS.—Chapter 13 of title 14, United States
Code, is amended by inserting after section 491 the following new
section:
‘‘§ 491a. Coast Guard cross
‘‘The President may award a Coast Guard cross of appropriate
design, with ribbons and appurtenances, to a person who, while
serving in any capacity with the Coast Guard, when the Coast
Guard is not operating under the Department of the Navy, distinguishes himself or herself by extraordinary heroism not justifying
the award of a medal of honor—
‘‘(1) while engaged in an action against an enemy of the
United States;

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PUBLIC LAW 111–281—OCT. 15, 2010
‘‘(2) while engaged in military operations involving conflict
with an opposing foreign force or international terrorist
organization; or
‘‘(3) while serving with friendly foreign forces engaged in
an armed conflict against an opposing armed force in which
the United States is not a belligerent party.’’.
(b) SILVER STAR MEDAL.—Such chapter is further amended—
(1) by striking the designation and heading of section 492a
and inserting the following:

‘‘§ 492b. Distinguished flying cross’’;
and
(2) by inserting after section 492 the following new section:

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14 USC 461.

‘‘§ 492a. Silver star medal
‘‘The President may award a silver star medal of appropriate
design, with ribbons and appurtenances, to a person who, while
serving in any capacity with the Coast Guard, when the Coast
Guard is not operating under the Department of the Navy, is
cited for gallantry in action that does not warrant a medal of
honor or Coast Guard cross—
‘‘(1) while engaged in an action against an enemy of the
United States;
‘‘(2) while engaged in military operations involving conflict
with an opposing foreign force or international terrorist
organization; or
‘‘(3) while serving with friendly foreign forces engaged in
an armed conflict against an opposing armed force in which
the United States is not a belligerent party.’’.
(c) CONFORMING AMENDMENTS.—Such chapter is further
amended—
(1) in section 494, by striking ‘‘distinguished service medal,
distinguished flying cross,’’ and inserting ‘‘Coast Guard cross,
distinguished service medal, silver star medal, distinguished
flying cross,’’ in both places it appears;
(2) in section 496—
(A) in the matter preceding paragraph (1) of subsection
(a), by striking ‘‘distinguished service medal, distinguished
flying cross,’’ and inserting ‘‘Coast Guard cross, distinguished service medal, silver star medal, distinguished
flying cross,’’; and
(B) in subsection (b)(2), by striking ‘‘distinguished
service medal, distinguished flying cross,’’ and inserting
‘‘Coast Guard cross, distinguished service medal, silver star
medal, distinguished flying cross,’’; and
(3) in section 497, by striking ‘‘distinguished service medal,
distinguished flying cross,’’ and inserting ‘‘Coast Guard cross,
distinguished service medal, silver star medal, distinguished
flying cross,’’.
(d) CLERICAL AMENDMENTS.—The analysis at the beginning
of such chapter is amended—
(1) by inserting after the item relating to section 491 the
following new item:
‘‘491a. Coast Guard cross.’’.

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124 STAT. 2923

(2) by striking the item relating to section 492a and
inserting the following new items:
‘‘492a. Silver star medal.
‘‘492b. Distinguished flying cross.’’.

TITLE III—SHIPPING AND NAVIGATION
SEC. 301. SEAWARD EXTENSION OF ANCHORAGE GROUNDS JURISDICTION.

Section 7 of the Rivers and Harbors Appropriations Act of
1915 (33 U.S.C. 471) is amended—
(1) by striking ‘‘That the’’ and inserting the following:
‘‘(a) IN GENERAL.—The’’.
(2) in subsection (a) (as designated by paragraph (1)) by
striking ‘‘$100; and the’’ and inserting ‘‘up to $10,000. Each
day during which a violation continues shall constitute a separate violation. The’’; and
(3) by adding at the end the following:
‘‘(b) DEFINITION.—As used in this section ‘navigable waters
of the United States’ includes all waters of the territorial sea
of the United States as described in Presidential Proclamation
No. 5928 of December 27, 1988.’’.
SEC. 302. MARITIME DRUG LAW ENFORCEMENT ACT AMENDMENTSIMPLE POSSESSION.

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

Penalty.

Notification.

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SEC. 303. TECHNICAL AMENDMENTS TO TONNAGE MEASUREMENT
LAW.

(a) DEFINITIONS.—Section 14101(4) of title 46, United States
Code, is amended—
(1) by striking ‘‘engaged’’ the first place it appears and
inserting ‘‘that engages’’;

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124 STAT. 2924

PUBLIC LAW 111–281—OCT. 15, 2010

(2) in subparagraph (A), by striking ‘‘arriving’’ and inserting
‘‘that arrives’’;
(3) in subparagraph (B)—
(A) by striking ‘‘making’’ and inserting ‘‘that makes’’;
and
(B) by striking ‘‘(except a foreign vessel engaged on
that voyage)’’;
(4) in subparagraph (C), by striking ‘‘departing’’ and
inserting ‘‘that departs’’; and
(5) in subparagraph (D), by striking ‘‘making’’ and inserting
‘‘that makes’’.
(b) DELEGATION OF AUTHORITY.—Section 14103(c) of that title
is amended by striking ‘‘intended to be engaged on’’ and inserting
‘‘that engages on’’.
(c) APPLICATION.—Section 14301 of that title is amended—
(1) by amending subsection (a) to read as follows:
‘‘(a) Except as otherwise provided in this section, this chapter
applies to any vessel for which the application of an international
agreement or other law of the United States to the vessel depends
on the vessel’s tonnage.’’;
(2) in subsection (b)—
(A) in paragraph (1), by striking the period at the
end and inserting ‘‘, unless the government of the country
to which the vessel belongs elects to measure the vessel
under this chapter.’’;
(B) in paragraph (3), by inserting ‘‘of United States
or Canadian registry or nationality, or a vessel operated
under the authority of the United States or Canada, and
that is’’ after ‘‘vessel’’;
(C) in paragraph (4), by striking ‘‘a vessel (except a
vessel engaged’’ and inserting ‘‘a vessel of United States
registry or nationality, or one operated under the authority
of the United States (except a vessel that engages’’;
(D) by striking paragraph (5);
(E) by redesignating paragraph (6) as paragraph (5);
and
(F) by amending paragraph (5), as so redesignated,
to read as follows:
‘‘(5) a barge of United States registry or nationality, or
a barge operated under the authority of the United States
(except a barge that engages on a foreign voyage) unless the
owner requests.’’;
(3) by striking subsection (c);
(4) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively; and
(5) in subsection (c), as redesignated, by striking ‘‘After
July 18, 1994, an existing vessel (except an existing vessel
referred to in subsection (b)(5)(A) or (B) of this section)’’ and
inserting ‘‘An existing vessel that has not undergone a change
that the Secretary finds substantially affects the vessel’s gross
tonnage (or a vessel to which IMO Resolutions A.494 (XII)
of November 19, 1981, A.540 (XIII) of November 17, 1983,
or A.541 (XIII) of November 17, 1983, apply)’’.
(d) MEASUREMENT.—Section 14302(b) of that title is amended
to read as follows:
‘‘(b) A vessel measured under this chapter may not be required
to be measured under another law.’’.

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124 STAT. 2925

(e) TONNAGE CERTIFICATE.—
(1) ISSUANCE.—Section 14303 of title 46, United States
Code, is amended—
(A) in subsection (a), by adding at the end the following:
‘‘For a vessel to which the Convention does not apply,
the Secretary shall prescribe a certificate to be issued as
evidence of a vessel’s measurement under this chapter.’’;
(B) in subsection (b), by inserting ‘‘issued under this
section’’ after ‘‘certificate’’; and
(C) in the section heading by striking ‘‘International’’
and ‘‘(1969)’’.
(2) MAINTENANCE.—Section 14503 of that title is
amended—
(A) by designating the existing text as subsection (a);
and
(B) by adding at the end the following new subsection:
‘‘(b) The certificate shall be maintained as required by the
Secretary.’’.
(3) CLERICAL AMENDMENT.—The analysis at the beginning
of chapter 143 of that title is amended by striking the item
relating to section 14303 and inserting the following:
‘‘14303. Tonnage Certificate.’’.
(f) OPTIONAL REGULATORY

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MEASUREMENT.—Section 14305(a) of
that title is amended by striking ‘‘documented vessel measured
under this chapter,’’ and inserting ‘‘vessel measured under this
chapter that is of United States registry or nationality, or a vessel
operated under the authority of the United States,’’.
(g) APPLICATION.—Section 14501 of that title is amended—
(1) by amending paragraph (1) to read as follows:
‘‘(1) A vessel not measured under chapter 143 of this title
if the application of an international agreement or other law
of the United States to the vessel depends on the vessel’s
tonnage.’’; and
(2) in paragraph (2), by striking ‘‘a vessel’’ and inserting
‘‘A vessel’’.
(h) DUAL TONNAGE MEASUREMENT.—Section 14513(c) of that
title is amended—
(1) in paragraph (1)—
(A) by striking ‘‘vessel’s tonnage mark is below the
uppermost part of the load line marks,’’ and inserting
‘‘vessel is assigned two sets of gross and net tonnages
under this section,’’; and
(B) by inserting ‘‘vessel’s tonnage’’ before ‘‘mark’’ the
second place such term appears; and
(2) in paragraph (2), by striking the period at the end
and inserting ‘‘as assigned under this section.’’.
(i) RECIPROCITY FOR FOREIGN VESSELS.—Subchapter II of
chapter 145 of that title is amended by adding at the end the
following:
‘‘§ 14514. Reciprocity for foreign vessels
‘‘For a foreign vessel not measured under chapter 143, if the
Secretary finds that the laws and regulations of a foreign country
related to measurement of vessels are substantially similar to those
of this chapter and the regulations prescribed under this chapter,
the Secretary may accept the measurement and certificate of a

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46 USC 14501.

PUBLIC LAW 111–281—OCT. 15, 2010

vessel of that foreign country as complying with this chapter and
the regulations prescribed under this chapter.’’.
(j) CLERICAL AMENDMENT.—The analysis for subchapter II of
chapter 145 of such title is amended by adding at the end the
following:
‘‘14514. Reciprocity for foreign vessels.’’.
SEC. 304. MERCHANT MARINER DOCUMENT STANDARDS.

Deadline.

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

Plans.

Reports.

SEC. 305. SHIP EMISSION REDUCTION TECHNOLOGY DEMONSTRATION
PROJECT.

(a) STUDY.—The Commandant of the Coast Guard, in conjunction with the Administrator of the Environmental Protection
Agency, shall conduct a study—
(1) that surveys new technology and new applications of
existing technology for reducing air emissions from cargo or
passenger vessels that operate in United States waters and
ports; and
(2) that identifies the impediments, including any laws
or regulations, to demonstrating the technology identified in
paragraph (1).
(b) REPORT.—Within 180 days after the date of enactment
of this Act, the Commandant shall submit a report on the results
of the study conducted under subsection (a) to the Committee on
Transportation and Infrastructure and the Committee on Energy
and Commerce of the House of Representatives and the Committee
on Commerce, Science, and Transportation and the Committee on
Environment and Public Works of the Senate.
SEC. 306. PHASEOUT OF VESSELS SUPPORTING OIL AND GAS DEVELOPMENT.

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Determination.
Federal Register,
publication.

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

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124 STAT. 2927

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

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SEC. 307. ARCTIC MARINE SHIPPING ASSESSMENT IMPLEMENTATION.

Notice.

Deadline.
Contracts.

Notice.

14 USC 92 note.

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

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Deadline.

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(2) appropriate marine safety, tug, and salvage capabilities;
(3) oil spill prevention and response capability;
(4) maritime domain awareness, including long-range
vessel tracking; and
(5) search and rescue.
(c) COORDINATION BY COMMITTEE ON THE MARITIME TRANSPORTATION SYSTEM.—The Committee on the Maritime Transportation
System established under a directive of the President in the Ocean
Action Plan, issued December 17, 2004, shall coordinate the
establishment of domestic transportation policies in the Arctic necessary to carry out the purpose of this section.
(d) AGREEMENTS AND CONTRACTS.—The Secretary of the department in which the Coast Guard is operating may, subject to the
availability of appropriations, enter into cooperative agreements,
contracts, or other agreements with, or make grants to individuals
and governments to carry out the purpose of this section or any
agreements established under subsection (b).
(e) ICEBREAKING.—The Secretary of the department in which
the Coast Guard is operating shall promote safe maritime navigation by means of icebreaking where necessary, feasible, and effective
to carry out the purposes of this section.
(f) INDEPENDENT ICE BREAKER ANALYSES.—
(1) IN GENERAL.—Not later than 90 days after the date
of enactment of this Act, the Secretary of the department
in which the Coast Guard is operating shall require a nongovernmental, independent third party (other than the National
Academy of Sciences) that has extensive experience in the
analysis of military procurements, to—
(A) conduct a comparative cost-benefit analysis, taking
into account future Coast Guard budget projections (which
assume Coast Guard budget growth of no more than inflation) and other recapitalization needs, of—
(i) rebuilding, renovating, or improving the existing
fleet of polar icebreakers for operation by the Coast
Guard;
(ii) constructing new polar icebreakers for operation by the Coast Guard;
(iii) construction of new polar icebreakers by the
National Science Foundation for operation by the
Foundation;
(iv) rebuilding, renovating, or improving the
existing fleet of polar icebreakers by the National
Science Foundation for operation by the Foundation;
and
(v) any combination of the activities described in
clause (i), (ii), (iii), or (iv) to carry out the missions
of the Coast Guard and the National Science Foundation; and
(B) conduct a comprehensive analysis of the impact
on all Coast Guard activities, including operations, maintenance, procurements, and end strength, of the acquisition
of polar icebreakers described in subparagraph (A) by the
Coast Guard or the National Science Foundation assuming
that total Coast Guard funding will not increase more
than the annual rate of inflation.
(2) REPORT.—Not later than 1 year after the date of enactment of this Act, the Secretary of the department in which

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124 STAT. 2929

the Coast Guard is operating shall submit a report containing
the results of the analyses required under paragraph (1),
together with recommendations the Commandant considers
appropriate under section 93(a)(24) of title 14, United States
Code, to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives.
(g) HIGH-LATITUDE STUDY.—Not later than 90 days after the
date of enactment of this Act or the date of completion of the
ongoing High-Latitude Study to assess polar icebreaking mission
requirements for all Coast Guard missions including search and
rescue, marine pollution response and prevention, fisheries enforcement, and maritime commerce, whichever occurs later, the Commandant of the Coast Guard shall submit a report containing
the results of the study, together with recommendations the Commandant considers appropriate under section 93(a)(24) of title 14,
United States Code, to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives.
(h) ARCTIC DEFINITION.—In this section the term ‘‘Arctic’’ has
the same meaning as in section 112 of the Arctic Research and
Policy Act of 1984 (15 U.S.C. 4111).

Deadline.

TITLE IV—ACQUISITION REFORM
SEC. 401. CHIEF ACQUISITION OFFICER.

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(a) IN GENERAL.—Chapter 3 of title 14, United States Code,
is further amended by adding at the end the following:
‘‘§ 56. Chief Acquisition Officer
‘‘(a) IN GENERAL.—There shall be in the Coast Guard a Chief
Acquisition Officer selected by the Commandant who shall be a
Rear Admiral or civilian from the Senior Executive Service (career
reserved) and who meets the qualifications set forth under subsection (b). The Chief Acquisition Officer shall serve at the Assistant
Commandant level and have acquisition management as that
individual’s primary duty.
‘‘(b) QUALIFICATIONS.—
‘‘(1) The Chief Acquisition Officer and any flag officer
serving in the Acquisition Directorate shall be an acquisition
professional with a Level III acquisition management certification and must have at least 10 years experience in an acquisition position, of which at least 4 years were spent as—
‘‘(A) the program executive officer;
‘‘(B) the program manager of a Level 1 or Level 2
acquisition project or program;
‘‘(C) the deputy program manager of a Level 1 or
Level 2 acquisition;
‘‘(D) the project manager of a Level 1 or Level 2 acquisition; or
‘‘(E) any other acquisition position of significant responsibility in which the primary duties are supervisory or
management duties.
‘‘(2) The Commandant shall periodically publish a list of
the positions designated under paragraph (1).

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124 STAT. 2930

‘‘(3) In this subsection each of the terms ‘Level 1 acquisition’
and ‘Level 2 acquisition’ has the meaning that term has in
chapter 15 of this title.
‘‘(c) FUNCTIONS OF THE CHIEF ACQUISITION OFFICER.—The functions of the Chief Acquisition Officer include—
‘‘(1) monitoring the performance of acquisition projects and
programs on the basis of applicable performance measurements
and advising the Commandant, through the chain of command,
regarding the appropriate business strategy to achieve the missions of the Coast Guard;
‘‘(2) maximizing the use of full and open competition at
the prime contract and subcontract levels in the acquisition
of property, capabilities, assets, and services by the Coast
Guard by establishing policies, procedures, and practices that
ensure that the Coast Guard receives a sufficient number of
sealed bids or competitive proposals from responsible sources
to fulfill the Government’s requirements, including performance
and delivery schedules, at the lowest cost or best value considering the nature of the property, capability, asset, or service
procured;
‘‘(3) making acquisition decisions in concurrence with the
technical authority, or technical authorities, of the Coast Guard,
as designated by the Commandant, consistent with all other
applicable laws and decisions establishing procedures within
the Coast Guard;
‘‘(4) ensuring the use of detailed performance specifications
in instances in which performance-based contracting is used;
‘‘(5) managing the direction of acquisition policy for the
Coast Guard, including implementation of the unique acquisition policies, regulations, and standards of the Coast Guard;
‘‘(6) developing and maintaining an acquisition career
management program in the Coast Guard to ensure that there
is an adequate acquisition workforce;
‘‘(7) assessing the requirements established for Coast Guard
personnel regarding knowledge and skill in acquisition
resources and management and the adequacy of such requirements for facilitating the achievement of the performance goals
established for acquisition management;
‘‘(8) developing strategies and specific plans for hiring,
training, and professional development; and
‘‘(9) reporting to the Commandant, through the chain of
command, on the progress made in improving acquisition
management capability.’’.
(b) CLERICAL AMENDMENT.—The table of contents for chapter
3 of title 14, United States Code, is amended by adding at the
end the following:

14 USC 41.

14 USC 56 note.

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14 USC 56 note.
Deadline.

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‘‘56. Chief Acquisition Officer.’’.
(c) SELECTION DEADLINE.—As

soon as practicable after the date
of enactment of this Act, but no later than October 1, 2011, the
Commandant of the Coast Guard shall select a Chief Acquisition
Officer under section 56 of title 14, United States Code, as amended
by this section.
(d) SPECIAL RATE SUPPLEMENTS.—
(1) REQUIREMENT TO ESTABLISH.—Not later than 1 year
after the date of enactment of this Act and in accordance
with part 9701.333 of title 5, Code of Federal Regulations,

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124 STAT. 2931

the Commandant of the Coast Guard shall establish special
rate supplements that provide higher pay levels for employees
necessary to carry out the amendment made by this section.
(2) SUBJECT TO APPROPRIATIONS.—The requirement under
paragraph (1) is subject to the availability of appropriations.
(e) ELEVATION OF DISPUTES TO THE CHIEF ACQUISITION
OFFICER.—If, after 90 days following the elevation to the Chief
Acquisition Officer of any design or other dispute regarding Level
1 or Level 2 acquisition, the dispute remains unresolved, the Commandant shall provide to the appropriate congressional committees
a detailed description of the issue and the rationale underlying
the decision taken by the Chief Acquisition Officer to resolve the
issue.

14 USC 56 note.
Deadline.

SEC. 402. ACQUISITIONS.

(a) IN GENERAL.—Part I of title 14, United States Code, is
amended by inserting after chapter 13 the following:

14 USC 561.

‘‘CHAPTER 15—ACQUISITIONS
‘‘SUBCHAPTER I—GENERAL
‘‘Sec.
‘‘561.
‘‘562.
‘‘563.
‘‘564.
‘‘565.
‘‘566.
‘‘567.
‘‘568.
‘‘569.

Acquisition directorate.
Improvements in Coast Guard acquisition management.
Recognition of Coast Guard personnel for excellence in acquisition.
Prohibition on use of lead systems integrators.
Required contract terms.
Department of Defense consultation.
Undefinitized contractual actions.
Guidance on excessive pass-through charges.
Report on former Coast Guard officials employed by contractors to the agency.
‘‘SUBCHAPTER II—IMPROVED

‘‘Sec.
‘‘571.
‘‘572.
‘‘573.
‘‘574.
‘‘575.
‘‘576.

PROVISIONS

ACQUISITION PROCESS AND PROCEDURES

Identification of major system acquisitions.
Acquisition.
Preliminary development and demonstration.
Acquisition, production, deployment, and support.
Acquisition program baseline breach.
Acquisition approval authority.
‘‘SUBCHAPTER

III—DEFINITIONS

‘‘581. Definitions.

‘‘SUBCHAPTER I—GENERAL PROVISIONS

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‘‘§ 561. Acquisition directorate
‘‘(a) ESTABLISHMENT.—The Commandant of the Coast Guard
shall establish an acquisition directorate to provide guidance and
oversight for the implementation and management of all Coast
Guard acquisition processes, programs, and projects.
‘‘(b) MISSION.—The mission of the acquisition directorate is—
‘‘(1) to acquire and deliver assets and systems that increase
operational readiness, enhance mission performance, and create
a safe working environment; and
‘‘(2) to assist in the development of a workforce that is
trained and qualified to further the Coast Guard’s missions
and deliver the best-value products and services to the Nation.
‘‘§ 562. Improvements in Coast Guard acquisition management
‘‘(a) PROJECT OR PROGRAM MANAGERS.—

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124 STAT. 2932

Deadline.

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Deadline.

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‘‘(1) LEVEL 1 PROJECTS.—An individual may not be assigned
as the project or program manager for a Level 1 acquisition
unless the individual holds a Level III acquisition certification
as a program manager.
‘‘(2) LEVEL 2 PROJECTS.—An individual may not be assigned
as the project or program manager for a Level 2 acquisition
unless the individual holds a Level II acquisition certification
as a program manager.
‘‘(b) GUIDANCE ON TENURE AND ACCOUNTABILITY OF PROGRAM
AND PROJECT MANAGERS.—
‘‘(1) ISSUANCE OF GUIDANCE.—Not later than one year after
the date of enactment of the Coast Guard Authorization Act
for Fiscal Years 2010 and 2011, the Commandant shall issue
guidance to address the qualifications, resources, responsibilities, tenure, and accountability of program and project managers for the management of acquisition projects and programs.
The guidance shall address, at a minimum—
‘‘(A) the qualifications required for project or program
managers, including the number of years of acquisition
experience and the professional training levels to be
required of those appointed to project or program management positions;
‘‘(B) authorities available to project or program managers, including, to the extent appropriate, the authority
to object to the addition of new program requirements
that would be inconsistent with the parameters established
for an acquisition program; and
‘‘(C) the extent to which a project or program manager
who initiates a new acquisition project or program will
continue in management of that project or program without
interruption until the delivery of the first production units
of the program.
‘‘(2) STRATEGY.—
‘‘(A) IN GENERAL.—Not later than 18 months after the
date of enactment of this section, the Commandant shall
develop a comprehensive strategy for enhancing the role
of Coast Guard project or program managers in developing
and carrying out acquisition programs.
‘‘(B) MATTERS TO BE ADDRESSED.—The strategy
required by this section shall address, at a minimum—
‘‘(i) the creation of a specific career path and career
opportunities for individuals who are or may become
project or program managers, including the rotational
assignments that will be provided to project or program
managers;
‘‘(ii) the provision of enhanced training and educational opportunities for individuals who are or may
become project or program managers;
‘‘(iii) the provision of mentoring support to current
and future project or program managers by experienced
senior executives and program managers within the
Coast Guard, and through rotational assignments to
the Department of Defense;
‘‘(iv) the methods by which the Coast Guard will
collect and disseminate best practices and lessons
learned on systems acquisition to enhance project and
program management throughout the Coast Guard;

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124 STAT. 2933

‘‘(v) the templates and tools that will be used to
support improved data gathering and analysis for
project and program management and oversight purposes, including the metrics that will be utilized to
assess the effectiveness of Coast Guard project or program managers in managing systems acquisition
efforts; and
‘‘(vi) the methods by which the accountability of
project or program managers for the results of acquisition projects and programs will be increased.
‘‘(c) ACQUISITION WORKFORCE.—
‘‘(1) IN GENERAL.—The Commandant shall designate a sufficient number of positions to be in the Coast Guard’s acquisition
workforce to perform acquisition-related functions at Coast
Guard headquarters and field activities.
‘‘(2) REQUIRED POSITIONS.—In designating positions under
subsection (a), the Commandant shall include, at a minimum,
positions encompassing the following competencies and functions:
‘‘(A) Program management.
‘‘(B) Systems planning, research, development,
engineering, and testing.
‘‘(C) Procurement, including contracting.
‘‘(D) Industrial and contract property management.
‘‘(E) Life-cycle logistics.
‘‘(F) Quality control and assurance.
‘‘(G) Manufacturing and production.
‘‘(H) Business, cost estimating, financial management,
and auditing.
‘‘(I) Acquisition education, training, and career development.
‘‘(J) Construction and facilities engineering.
‘‘(K) Testing and evaluation.
‘‘(3) ACQUISITION MANAGEMENT HEADQUARTER ACTIVITIES.—
The Commandant shall also designate as positions in the
acquisition workforce under paragraph (1) those acquisitionrelated positions located at Coast Guard headquarters units.
‘‘(4) APPROPRIATE EXPERTISE REQUIRED.—The Commandant
shall ensure that each individual assigned to a position in
the acquisition workforce has the appropriate expertise to carry
out the responsibilities of that position.
‘‘(d) MANAGEMENT INFORMATION SYSTEM.—
‘‘(1) IN GENERAL.—The Commandant shall establish a
management information system capability to improve acquisition workforce management and reporting.
‘‘(2) INFORMATION MAINTAINED.—Information maintained
with such capability shall include the following standardized
information on individuals assigned to positions in the
workforce:
‘‘(A) Qualifications, assignment history, and tenure of
those individuals assigned to positions in the acquisition
workforce or holding acquisition-related certifications.
‘‘(B) Promotion rates for officers and members of the
Coast Guard in the acquisition workforce.
‘‘(e) REPORT ON ADEQUACY OF ACQUISITION WORKFORCE.—
‘‘(1) IN GENERAL.—The Commandant shall report to the
appropriate congressional committees and the Committee on

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Homeland Security of the House of Representatives by July
1 of each year on the scope of the acquisition activities to
be performed in the next fiscal year and on the adequacy
of the current acquisition workforce to meet that anticipated
workload.
‘‘(2) CONTENTS.—The report shall—
‘‘(A) specify the number of officers, members, and
employees of the Coast Guard currently and planned to
be assigned to each position designated under subsection
(c); and
‘‘(B) identify positions that are understaffed to meet
the anticipated acquisition workload, and actions that will
be taken to correct such understaffing.
‘‘(f) APPOINTMENTS TO ACQUISITION POSITIONS.—The Commandant shall ensure that no requirement or preference for officers
or members of the Coast Guard is used in the consideration of
persons for positions in the acquisition workforce.
‘‘(g) CAREER PATHS.—
‘‘(1) IDENTIFICATION OF CAREER PATHS.—To establish
acquisition management as a core competency of the Coast
Guard, the Commandant shall—
‘‘(A) ensure that career paths for officers, members,
and employees of the Coast Guard who wish to pursue
careers in acquisition are identified in terms of the education, training, experience, and assignments necessary for
career progression of those officers, members, and
employees to the most senior positions in the acquisition
workforce; and
‘‘(B) publish information on such career paths.
‘‘(2) PROMOTION PARITY.—The Commandant shall ensure
that promotion parity is established for officers and members
of the Coast Guard who have been assigned to the acquisition
workforce relative to officers and members who have not been
assigned to the acquisition workforce.
‘‘§ 563. Recognition of Coast Guard personnel for excellence
in acquisition
‘‘(a) IN GENERAL.—Not later than 180 days after the date of
enactment of the Coast Guard Authorization Act for Fiscal Years
2010 and 2011, the Commandant shall commence implementation
of a program to recognize excellent performance by individuals
and teams comprised of officers, members, and employees of the
Coast Guard that contributed to the long-term success of a Coast
Guard acquisition project or program.
‘‘(b) ELEMENTS.—The program shall include—
‘‘(1) specific award categories, criteria, and eligibility and
manners of recognition;
‘‘(2) procedures for the nomination by personnel of the
Coast Guard of individuals and teams comprised of officers,
members, and employees of the Coast Guard for recognition
under the program; and
‘‘(3) procedures for the evaluation of nominations for recognition under the program by one or more panels of individuals
from the Government, academia, and the private sector who
have such expertise and are appointed in such manner as
the Commandant shall establish for the purposes of this program.

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‘‘(c) AWARD OF CASH BONUSES.—As part of the program required
by subsection (a), the Commandant, subject to the availability of
appropriations, may award to any civilian employee recognized
pursuant to the program a cash bonus to the extent that the
performance of such individual so recognized warrants the award
of such bonus.
‘‘§ 564. Prohibition on use of lead systems integrators
‘‘(a) IN GENERAL.—
‘‘(1) USE OF LEAD SYSTEMS INTEGRATOR.—Except as provided in subsection (b), the Commandant may not use a private
sector entity as a lead systems integrator for an acquisition
contract awarded or delivery order or task order issued after
the date of enactment of the Coast Guard Authorization Act
for Fiscal Years 2010 and 2011.
‘‘(2) FULL AND OPEN COMPETITION.—The Commandant and
any lead systems integrator engaged by the Coast Guard,
pursuant to the exceptions described in subsection (b), shall
use full and open competition for any acquisition contract
awarded after the date of enactment of that Act, unless otherwise excepted in accordance with Federal acquisition laws and
regulations promulgated under those laws, including the Federal Acquisition Regulation.
‘‘(3) NO EFFECT ON SMALL BUSINESS ACT.—Nothing in this
subsection shall be construed to supersede or otherwise affect
the authorities provided by and under the Small Business
Act (15 U.S.C. 631 et seq.).
‘‘(b) EXCEPTIONS.—
‘‘(1) NATIONAL DISTRESS AND RESPONSE SYSTEM MODERNIZATION PROGRAM; C4ISR; NATIONAL SECURITY CUTTERS 2 AND 3.—
Notwithstanding subsection (a), the Commandant may use a
private sector entity as a lead systems integrator for the Coast
Guard to complete the National Distress and Response System
Modernization Program (otherwise known as the ‘Rescue 21’
program), the C4ISR projects directly related to the Integrated
Deepwater program, and National Security Cutters 2 and 3,
if the Secretary of the department in which the Coast Guard
is operating certifies that—
‘‘(A) the acquisition is in accordance with Federal law
and the Federal Acquisition Regulation; and
‘‘(B) the acquisition and the use of a private sector
lead systems integrator for the acquisition is in the best
interest of the Federal Government.
‘‘(2) REPORT ON DECISIONMAKING PROCESS.—If the Commandant uses a private sector lead systems integrator for an
acquisition, the Commandant shall notify in writing the appropriate congressional committees of the Commandant’s determination and shall provide to such committees a detailed
rationale for the determination, at least 30 days before the
award of a contract or issuance of a delivery order or task
order, using a private sector lead systems integrator, including
a comparison of the cost of the acquisition through the private
sector lead systems integrator with the expected cost if the
acquisition were awarded directly to the manufacturer or shipyard. For purposes of that comparison, the cost of award directly
to a manufacturer or shipyard shall include the costs of Government contract management and oversight.

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‘‘(c) LIMITATION ON LEAD SYSTEMS INTEGRATORS.—Neither an
entity performing lead systems integrator functions for a Coast
Guard acquisition nor a Tier 1 subcontractor for any acquisition
may have a financial interest in a subcontractor below the Tier
1 subcontractor level unless—
‘‘(1) the subcontractor was selected by the prime contractor
through full and open competition for such procurement;
‘‘(2) the procurement was awarded by the lead systems
integrator or a subcontractor through full and open competition;
‘‘(3) the procurement was awarded by a subcontractor
through a process over which the lead systems integrator and
a Tier 1 subcontractor exercised no control; or
‘‘(4) the Commandant has determined that the procurement
was awarded in a manner consistent with Federal acquisition
laws and regulations promulgated under those laws, including
the Federal Acquisition Regulation.
‘‘(d) TERMINATION DATE FOR EXCEPTIONS.—Except as described
in subsection (b)(1), the Commandant may not use a private sector
entity as a lead systems integrator for acquisition contracts
awarded, or task orders or delivery orders issued, after the earlier
of—
‘‘(1) September 30, 2011; or
‘‘(2) the date on which the Commandant certifies in writing
to the appropriate congressional committees that the Coast
Guard has available and can retain sufficient acquisition
workforce personnel and expertise within the Coast Guard,
through an arrangement with other Federal agencies, or
through contracts or other arrangements with private sector
entities, to perform the functions and responsibilities of the
lead systems integrator in an efficient and cost-effective
manner.
‘‘§ 565. Required contract terms
‘‘(a) IN GENERAL.—The Commandant shall ensure that a contract awarded or a delivery order or task order issued for an
acquisition of a capability or an asset with an expected service
life of 10 or more years and with a total acquisition cost that
is equal to or exceeds $10,000,000 awarded or issued by the Coast
Guard after the date of enactment of the Coast Guard Authorization
Act for Fiscal Years 2010 and 2011—
‘‘(1) provides that all certifications for an end-state capability or asset under such contract, delivery order, or task
order, respectively, will be conducted by the Commandant or
an independent third party, and that self-certification by a
contractor or subcontractor is not allowed;
‘‘(2) provides that the Commandant shall maintain the
authority to establish, approve, and maintain technical requirements;
‘‘(3) requires that any measurement of contractor and subcontractor performance be based on the status of all work
performed, including the extent to which the work performed
met all performance, cost, and schedule requirements;
‘‘(4) specifies that, for the acquisition or upgrade of air,
surface, or shore capabilities and assets for which compliance
with TEMPEST certification is a requirement, the standard
for determining such compliance will be the air, surface, or

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shore standard then used by the Department of the Navy
for that type of capability or asset; and
‘‘(5) for any contract awarded to acquire an Offshore Patrol
Cutter, includes provisions specifying the service life, fatigue
life, and days underway in general Atlantic and North Pacific
Sea conditions, maximum range, and maximum speed the
cutter will be built to achieve.
‘‘(b) PROHIBITED PROVISIONS.—
‘‘(1) IN GENERAL.—The Commandant shall ensure that any
contract awarded or delivery order or task order issued by
the Coast Guard after the date of enactment of the Coast
Guard Authorization Act of 2010 does not include any provision
allowing for equitable adjustment that is not consistent with
the Federal Acquisition Regulations.
‘‘(2) EXTENSION OF PROGRAM.—A contract, contract modification, or award term extending a contract with a lead systems
integrator—
‘‘(A) may not include any minimum requirements for
the purchase of a given or determinable number of specific
capabilities or assets; and
‘‘(B) shall be reviewed by an independent third party
with expertise in acquisition management, and the results
of that review shall be submitted to the appropriate
congressional committees at least 60 days prior to the
award of the contract, contract modification, or award term.
‘‘(c) INTEGRATED PRODUCT TEAMS.—Integrated product teams,
and all teams that oversee integrated product teams, shall be
chaired by officers, members, or employees of the Coast Guard.
‘‘(d) TECHNICAL AUTHORITY.—The Commandant shall maintain
or designate the technical authority to establish, approve, and maintain technical requirements. Any such designation shall be made
in writing and may not be delegated to the authority of the Chief
Acquisition Officer established by section 56 of this title.
‘‘§ 566. Department of Defense consultation
‘‘(a) IN GENERAL.—The Commandant shall make arrangements
as appropriate with the Secretary of Defense for support in contracting and management of Coast Guard acquisition programs.
The Commandant shall also seek opportunities to make use of
Department of Defense contracts, and contracts of other appropriate
agencies, to obtain the best possible price for assets acquired for
the Coast Guard.
‘‘(b) INTERSERVICE TECHNICAL ASSISTANCE.—The Commandant
shall seek to enter into a memorandum of understanding or a
memorandum of agreement with the Secretary of the Navy to
obtain the assistance of the Office of the Assistant Secretary of
the Navy for Research, Development, and Acquisition, including
the Navy Systems Command, with the oversight of Coast Guard
major acquisition programs. The memorandum of understanding
or memorandum of agreement shall, at a minimum, provide for—
‘‘(1) the exchange of technical assistance and support that
the Assistant Commandants for Acquisition, Human Resources,
Engineering, and Information technology may identify;
‘‘(2) the use, as appropriate, of Navy technical expertise;
and

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PUBLIC LAW 111–281—OCT. 15, 2010

‘‘(3) the temporary assignment or exchange of personnel
between the Coast Guard and the Office of the Assistant Secretary of the Navy for Research, Development, and Acquisition,
including Naval Systems Command, to facilitate the development of organic capabilities in the Coast Guard.
‘‘(c) TECHNICAL REQUIREMENT APPROVAL PROCEDURES.—The
Chief Acquisition Officer shall adopt, to the extent practicable,
procedures modeled after those used by the Navy Senior Acquisition
Official to approve all technical requirements.
‘‘(d) ASSESSMENT.—Within 180 days after the date of enactment
of the Coast Guard Authorization Act for fiscal years 2010 and
2011, the Comptroller General of the United States shall transmit
a report to the appropriate congressional committees that—
‘‘(1) contains an assessment of current Coast Guard acquisition and management capabilities to manage Level 1 and Level
2 acquisitions;
‘‘(2) includes recommendations as to how the Coast Guard
can improve its acquisition management, either through
internal reforms or by seeking acquisition expertise from the
Department of Defense; and
‘‘(3) addresses specifically the question of whether the Coast
Guard can better leverage Department of Defense or other
agencies’ contracts that would meet the needs of Level 1 or
Level 2 acquisitions in order to obtain the best possible price.
‘‘§ 567. Undefinitized contractual actions
‘‘(a) IN GENERAL.—The Coast Guard may not enter into an
undefinitized contractual action unless such action is directly
approved by the Head of Contracting Activity of the Coast Guard.
‘‘(b) REQUESTS FOR UNDEFINITIZED CONTRACTUAL ACTIONS.—
Any request to the Head of Contracting Activity for approval of
an undefinitized contractual action shall include a description of
the anticipated effect on requirements of the Coast Guard if a
delay is incurred for the purposes of determining contractual terms,
specifications, and price before performance is begun under the
contractual action.
‘‘(c) REQUIREMENTS FOR UNDEFINITIZED CONTRACTUAL
ACTIONS.—
‘‘(1) DEADLINE FOR AGREEMENT ON TERMS, SPECIFICATIONS,
AND PRICE.—A contracting officer of the Coast Guard may not
enter into an undefinitized contractual action unless the
contractual action provides for agreement upon contractual
terms, specification, and price by the earlier of—
‘‘(A) the end of the 180-day period beginning on the
date on which the contractor submits a qualifying proposal
to definitize the contractual terms, specifications, and price;
or
‘‘(B) the date on which the amount of funds obligated
under the contractual action is equal to more than 50
percent of the negotiated overall ceiling price for the
contractual action.
‘‘(2) LIMITATION ON OBLIGATIONS.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the contracting officer for an undefinitized contractual
action may not obligate under such contractual action an
amount that exceeds 50 percent of the negotiated overall

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ceiling price until the contractual terms, specifications, and
price are definitized for such contractual action.
‘‘(B) EXCEPTION.—Notwithstanding subparagraph (A),
if a contractor submits a qualifying proposal to definitize
an undefinitized contractual action before an amount that
exceeds 50 percent of the negotiated overall ceiling price
is obligated on such action, the contracting officer for such
action may not obligate with respect to such contractual
action an amount that exceeds 75 percent of the negotiated
overall ceiling price until the contractual terms, specifications, and price are definitized for such contractual action.
‘‘(3) WAIVER.—The Commandant may waive the application
of this subsection with respect to a contract if the Commandant
determines that the waiver is necessary to support—
‘‘(A) a contingency operation (as that term is defined
in section 101(a)(13) of title 10);
‘‘(B) operations to prevent or respond to a transportation security incident (as defined in section 70101(6) of
title 46);
‘‘(C) an operation in response to an emergency that
poses an unacceptable threat to human health or safety
or to the marine environment; or
‘‘(D) an operation in response to a natural disaster
or major disaster or emergency designated by the President
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
‘‘(4) LIMITATION ON APPLICATION.—This subsection does not
apply to an undefinitized contractual action for the purchase
of initial spares.
‘‘(d) INCLUSION OF NONURGENT REQUIREMENTS.—Requirements
for spare parts and support equipment that are not needed on
an urgent basis may not be included in an undefinitized contractual
action by the Coast Guard for spare parts and support equipment
that are needed on an urgent basis unless the Commandant
approves such inclusion as being—
‘‘(1) good business practice; and
‘‘(2) in the best interests of the United States.
‘‘(e) MODIFICATION OF SCOPE.—The scope of an undefinitized
contractual action under which performance has begun may not
be modified unless the Commandant approves such modification
as being—
‘‘(1) good business practice; and
‘‘(2) in the best interests of the United States.
‘‘(f) ALLOWABLE PROFIT.—The Commandant shall ensure that
the profit allowed on an undefinitized contractual action for which
the final price is negotiated after a substantial portion of the
performance required is completed reflects—
‘‘(1) the possible reduced cost risk of the contractor with
respect to costs incurred during performance of the contract
before the final price is negotiated; and
‘‘(2) the reduced cost risk of the contractor with respect
to costs incurred during performance of the remaining portion
of the contract.
‘‘(g) DEFINITIONS.—In this section:
‘‘(1) UNDEFINITIZED CONTRACTUAL ACTION.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the term ‘undefinitized contractual action’ means a

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

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Deadline.

‘‘§ 568. Guidance on excessive pass-through charges
‘‘(a) IN GENERAL.—Not later than 180 days after the date of
enactment of the Coast Guard Authorization Act for Fiscal Years
2010 and 2011, the Commandant shall issue guidance to ensure
that pass-through charges on contracts, subcontracts, delivery
orders, and task orders that are entered into with a private entity
acting as a lead systems integrator by or on behalf of the Coast
Guard are not excessive in relation to the cost of work performed
by the relevant contractor or subcontractor. The guidance shall,
at a minimum—
‘‘(1) set forth clear standards for determining when no,
or negligible, value has been added to a contract by a contractor
or subcontractor;
‘‘(2) set forth procedures for preventing the payment by
the Government of excessive pass-through charges; and
‘‘(3) identify any exceptions determined by the Commandant to be in the best interest of the Government.
‘‘(b) EXCESSIVE PASS-THROUGH CHARGE DEFINED.—In this section the term ‘excessive pass-through charge’, with respect to a
contractor or subcontractor that adds no, or negligible, value to
a contract or subcontract, means a charge to the Government by
the contractor or subcontractor that is for overhead or profit on
work performed by a lower tier contractor or subcontractor, other
than reasonable charges for the direct costs of managing lower
tier contractors and subcontracts and overhead and profit based
on such direct costs.
‘‘(c) APPLICATION OF GUIDANCE.—The guidance under this subsection shall apply to contracts awarded to a private entity acting
as a lead systems integrator by or on behalf of the Coast Guard
on or after the date that is 360 days after the date of enactment
of the Coast Guard Authorization Act for Fiscal Years 2010 and
2011.
‘‘§ 569. Report on former Coast Guard officials employed by
contractors to the agency
‘‘(a) REPORT REQUIRED.—Not later than December 31, 2011,
and annually thereafter, the Comptroller General of the United
States shall submit a report to the appropriate congressional
committees on the employment during the preceding year by Coast
Guard contractors of individuals who were Coast Guard officials
in the previous 5-year period. The report shall assess the extent

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

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‘‘SUBCHAPTER II—IMPROVED ACQUISITION PROCESS AND
PROCEDURES
‘‘§ 571. Identification of major system acquisitions
‘‘(a) IN GENERAL.—
‘‘(1) SUPPORT MECHANISMS.—The Commandant shall
develop and implement mechanisms to support the establishment of mature and stable operational requirements for all
acquisitions.
‘‘(2) MISSION ANALYSIS; AFFORDABILITY ASSESSMENT.—The
Commandant may not initiate a Level 1 or Level 2 acquisition
project or program until the Commandant—
‘‘(A) completes a mission analysis that—
‘‘(i) identifies the specific capability gaps to be
addressed by the project or program; and
‘‘(ii) develops a clear mission need to be addressed
by the project or program; and
‘‘(B) prepares a preliminary affordability assessment
for the project or program.
‘‘(b) ELEMENTS.—
‘‘(1) REQUIREMENTS.—The mechanisms required by subsection (a) shall ensure the implementation of a formal process
for the development of a mission-needs statement, conceptof-operations document, capability development plan, and

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resource proposal for the initial project or program funding,
and shall ensure the project or program is included in the
Coast Guard Capital Investment Plan.
‘‘(2) ASSESSMENT OF TRADE-OFFS.—In conducting an affordability assessment under subsection (a)(2)(B), the Commandant
shall develop and implement mechanisms to ensure that tradeoffs among cost, schedule, and performance are considered in
the establishment of preliminary operational requirements for
development and production of new assets and capabilities
for Level 1 and Level 2 acquisitions projects and programs.
‘‘(c) HUMAN RESOURCE CAPITAL PLANNING.—The Commandant
shall develop staffing predictions, define human capital performance
initiatives, and identify preliminary training needs required to
implement each Level 1 and Level 2 acquisition project and program.
‘‘§ 572. Acquisition
‘‘(a) IN GENERAL.—The Commandant may not establish a Level
1 or Level 2 acquisition project or program until the Commandant—
‘‘(1) clearly defines the operational requirements for the
project or program;
‘‘(2) establishes the feasibility of alternatives;
‘‘(3) develops an acquisition project or program baseline;
‘‘(4) produces a life-cycle cost estimate; and
‘‘(5) assesses the relative merits of alternatives to determine
a preferred solution in accordance with the requirements of
this section.
‘‘(b) SUBMISSION REQUIRED BEFORE PROCEEDING.—Any Coast
Guard Level 1 or Level 2 acquisition project or program may not
begin to obtain any capability or asset or proceed beyond that
phase of its development that entails approving the supporting
acquisition until the Commandant submits to the appropriate
congressional committees the following:
‘‘(1) The key performance parameters, the key system
attributes, and the operational performance attributes of the
capability or asset to be acquired under the proposed acquisition
project or program.
‘‘(2) A detailed list of the systems or other capabilities
with which the capability or asset to be acquired is intended
to be interoperable, including an explanation of the attributes
of interoperability.
‘‘(3) The anticipated acquisition project or program baseline
and acquisition unit cost for the capability or asset to be
acquired under the project or program.
‘‘(4) A detailed schedule for the acquisition process showing
when all capability and asset acquisitions are to be completed
and when all acquired capabilities and assets are to be initially
and fully deployed.
‘‘(c) ANALYSIS OF ALTERNATIVES.—
‘‘(1) IN GENERAL.—The Coast Guard may not acquire an
experimental or technically immature capability or asset or
implement a Level 1 or Level 2 acquisition project or program,
unless it has prepared an analysis of alternatives for the capability or asset to be acquired in the concept and technology
development phase of the acquisition process for the capability
or asset.

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PUBLIC LAW 111–281—OCT. 15, 2010

124 STAT. 2943

‘‘(2) REQUIREMENTS.—The analysis of alternatives shall be
prepared by a federally funded research and development
center, a qualified entity of the Department of Defense, or
a similar independent third-party entity that has appropriate
acquisition expertise and has no financial interest in any part
of the acquisition project or program that is the subject of
the analysis. At a minimum, the analysis of alternatives shall
include—
‘‘(A) an assessment of the technical maturity of the
capability or asset, and technical and other risks;
‘‘(B) an examination of capability, interoperability, and
other advantages and disadvantages;
‘‘(C) an evaluation of whether different combinations
or quantities of specific assets or capabilities could meet
the Coast Guard’s overall performance needs;
‘‘(D) a discussion of key assumptions and variables,
and sensitivity to change in such assumptions and variables;
‘‘(E) when an alternative is an existing capability,
asset, or prototype, an evaluation of relevant safety and
performance records and costs;
‘‘(F) a calculation of life-cycle costs including—
‘‘(i) an examination of likely research and development costs and the levels of uncertainty associated
with such estimated costs;
‘‘(ii) an examination of likely production and
deployment costs and the levels of uncertainty associated with such estimated costs;
‘‘(iii) an examination of likely operating and support costs and the levels of uncertainty associated with
such estimated costs;
‘‘(iv) if they are likely to be significant, an examination of likely disposal costs and the levels of
uncertainty associated with such estimated costs; and
‘‘(v) such additional measures as the Commandant
or the Secretary of the department in which the Coast
Guard is operating determines to be necessary for
appropriate evaluation of the capability or asset; and
‘‘(G) the business case for each viable alternative.
‘‘(d) TEST AND EVALUATION MASTER PLAN.—
‘‘(1) IN GENERAL.—For any Level 1 or Level 2 acquisition
project or program the Chief Acquisition Officer must approve
a test and evaluation master plan specific to the acquisition
project or program for the capability, asset, or subsystems
of the capability or asset and intended to minimize technical,
cost, and schedule risk as early as practicable in the development of the project or program.
‘‘(2) TEST AND EVALUATION STRATEGY.—The master plan
shall—
‘‘(A) set forth an integrated test and evaluation strategy
that will verify that capability-level or asset-level and subsystem-level design and development, including performance and supportability, have been sufficiently proven
before the capability, asset, or subsystem of the capability
or asset is approved for production; and

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‘‘(B) require that adequate developmental tests and
evaluations and operational tests and evaluations established under subparagraph (A) are performed to inform
production decisions.
‘‘(3) OTHER COMPONENTS OF THE MASTER PLAN.—At a minimum, the master plan shall identify—
‘‘(A) the key performance parameters to be resolved
through the integrated test and evaluation strategy;
‘‘(B) critical operational issues to be assessed in addition to the key performance parameters;
‘‘(C) specific development test and evaluation phases
and the scope of each phase;
‘‘(D) modeling and simulation activities to be performed, if any, and the scope of such activities;
‘‘(E) early operational assessments to be performed,
if any, and the scope of such assessments;
‘‘(F) operational test and evaluation phases;
‘‘(G) an estimate of the resources, including funds,
that will be required for all test, evaluation, assessment,
modeling, and simulation activities; and
‘‘(H) the Government entity or independent entity that
will perform the test, evaluation, assessment, modeling,
and simulation activities.
‘‘(4) UPDATE.—The Chief Acquisition Officer must approve
an updated master plan whenever there is a revision to project
or program test and evaluation strategy, scope, or phasing.
‘‘(5) LIMITATION.—The Coast Guard may not—
‘‘(A) proceed beyond that phase of the acquisition
process that entails approving the supporting acquisition
of a capability or asset before the master plan is approved
by the Chief Acquisition Officer; or
‘‘(B) award any production contract for a capability,
asset, or subsystem for which a master plan is required
under this subsection before the master plan is approved
by the Chief Acquisition Officer.
‘‘(e) LIFE-CYCLE COST ESTIMATES.—
‘‘(1) IN GENERAL.—The Commandant shall implement
mechanisms to ensure the development and regular updating
of life-cycle cost estimates for each acquisition with a total
acquisition cost that equals or exceeds $10,000,000 and an
expected service life of 10 or more years, and to ensure that
these estimates are considered in decisions to develop or
produce new or enhanced capabilities and assets.
‘‘(2) TYPES OF ESTIMATES.—In addition to life-cycle cost
estimates that may be developed by acquisition program offices,
the Commandant shall require that an independent life-cycle
cost estimate be developed for each Level 1 or Level 2 acquisition project or program.
‘‘(3) REQUIRED UPDATES.—For each Level 1 or Level 2
acquisition project or program the Commandant shall require
that life-cycle cost estimates shall be updated before each milestone decision is concluded and the project or program enters
a new acquisition phase.
‘‘§ 573. Preliminary development and demonstration
‘‘(a) IN GENERAL.—The Commandant shall ensure that developmental test and evaluation, operational test and evaluation, life-

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PUBLIC LAW 111–281—OCT. 15, 2010

124 STAT. 2945

cycle cost estimates, and the development and demonstration
requirements applied by this chapter to acquisition projects and
programs are met to confirm that the projects or programs meet
the requirements identified in the mission-analysis and affordability
assessment prepared under section 571(a)(2), the operational
requirements developed under section 572(a)(1) and the following
development and demonstration objectives:
‘‘(1) To demonstrate that the design, manufacturing, and
production solution is based upon a stable, producible, and
cost-effective product design.
‘‘(2) To ensure that the product capabilities meet contract
specifications, acceptable operational performance requirements, and system security requirements.
‘‘(3) To ensure that the product design is mature enough
to commit to full production and deployment.
‘‘(b) TESTS AND EVALUATIONS.—
‘‘(1) IN GENERAL.—The Commandant shall ensure that the
Coast Guard conducts developmental tests and evaluations and
operational tests and evaluations of a capability or asset and
the subsystems of the capability or asset in accordance with
the master plan prepared for the capability or asset under
section 572(d)(1).
‘‘(2) USE OF THIRD PARTIES.—The Commandant shall ensure
that the Coast Guard uses independent third parties with
expertise in testing and evaluating the capabilities or assets
and the subsystems of the capabilities or assets being acquired
to conduct developmental tests and evaluations and operational
tests and evaluations whenever the Coast Guard lacks the
capability to conduct the tests and evaluations required by
a master plan.
‘‘(3) COMMUNICATION OF SAFETY CONCERNS.—The Commandant shall require that safety concerns identified during
developmental or operational tests and evaluations or through
independent or Government-conducted design assessments of
capabilities or assets and subsystems of capabilities or assets
to be acquired by the Coast Guard shall be communicated
as soon as practicable, but not later than 30 days after the
completion of the test or assessment event or activity that
identified the safety concern, to the program manager for the
capability or asset and the subsystems concerned and to the
Chief Acquisition Officer.
‘‘(4) REPORTING OF SAFETY CONCERNS.—Any safety concerns
that have been reported to the Chief Acquisition Officer for
an acquisition program or project shall be reported by the
Commandant to the appropriate congressional committees at
least 90 days before the award of any contract or issuance
of any delivery order or task order for low, initial, or fullrate production of the capability or asset concerned if they
will remain uncorrected or unmitigated at the time such a
contract is awarded or delivery order or task order is issued.
The report shall include a justification for the approval of
that level of production of the capability or asset before the
safety concerns are corrected or mitigated. The report shall
also include an explanation of the actions that will be taken
to correct or mitigate the safety concerns, the date by which
those actions will be taken, and the adequacy of current funding
to correct or mitigate the safety concerns.

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PUBLIC LAW 111–281—OCT. 15, 2010
‘‘(5) ASSET ALREADY IN LOW, INITIAL, OR FULL-RATE PRODUCoperational test and evaluation of a capability or
asset already in low, initial, or full-rate production identifies
a safety concern with the capability or asset or any subsystems
of the capability or asset not previously identified during
developmental or operational test and evaluation, the Commandant shall—
‘‘(A) notify the program manager and the Chief Acquisition Officer of the safety concern as soon as practicable,
but not later than 30 days after the completion of the
test and evaluation event or activity that identified the
safety concern; and
‘‘(B) notify the Chief Acquisition Officer and include
in such notification—
‘‘(i) an explanation of the actions that will be taken
to correct or mitigate the safety concern in all capabilities or assets and subsystems of the capabilities or
assets yet to be produced, and the date by which those
actions will be taken;
‘‘(ii) an explanation of the actions that will be
taken to correct or mitigate the safety concern in previously produced capabilities or assets and subsystems
of the capabilities or assets, and the date by which
those actions will be taken; and
‘‘(iii) an assessment of the adequacy of current
funding to correct or mitigate the safety concern in
capabilities or assets and subsystems of the capabilities
or assets and in previously produced capabilities or
assets and subsystems.
‘‘(c) TECHNICAL CERTIFICATION.—
‘‘(1) IN GENERAL.—The Commandant shall ensure that any
Level 1 or Level 2 acquisition project or program is certified
by the technical authority of the Coast Guard after review
by an independent third party with capabilities in the mission
area, asset, or particular asset component.
‘‘(2) TEMPEST TESTING.—The Commandant shall—
‘‘(A) cause all electronics on all aircraft, surface, and
shore capabilities and assets that require TEMPEST certification and that are delivered after the date of enactment
of the Coast Guard Authorization Act of 2010 to be tested
in accordance with TEMPEST standards and communications security (comsec) standards by an independent third
party that is authorized by the Federal Government to
perform such testing; and
‘‘(B) certify that the assets meet all applicable TEMPEST requirements.
‘‘(3) CUTTER CLASSIFICATION.—
‘‘(A) IN GENERAL.—The Commandant shall cause each
cutter, other than a National Security Cutter, acquired
by the Coast Guard and delivered after the date of enactment of the Coast Guard Authorization Act of 2010 to
be classed by the American Bureau of Shipping before
final acceptance.
‘‘(B) REPORTS.—Not later than December 31, 2011, and
biennially thereafter, the Commandant shall provide a
report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee

Notifications.

TION.—If

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124 STAT. 2947

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

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‘‘§ 574. Acquisition, production, deployment, and support
‘‘(a) IN GENERAL.—The Commandant shall—
‘‘(1) ensure there is a stable and efficient production and
support capability to develop an asset or capability for the
Coast Guard;
‘‘(2) conduct follow-on testing to confirm and monitor
performance and correct deficiencies; and
‘‘(3) conduct acceptance tests and trials prior to the delivery
of each asset or system to ensure the delivered asset or system
achieves full operational capability.
‘‘(b) ELEMENTS.—The Commandant shall—
‘‘(1) execute production contracts;
‘‘(2) ensure that delivered assets and capabilities meet operational cost and schedules requirements established in the
acquisition program baseline;
‘‘(3) validate manpower and training requirements to meet
system needs to operate, maintain, support, and instruct the
assets or capabilities; and
‘‘(4) prepare an acquisition project or program transition
plan to enter into programmatic sustainment, operations, and
support.
‘‘§ 575. Acquisition program baseline breach
‘‘(a) IN GENERAL.—The Commandant shall submit a report
to the appropriate congressional committees and the Committee
on Homeland Security of the House of Representatives as soon
as possible, but not later than 30 days, after the Chief Acquisition
Officer of the Coast Guard becomes aware of the breach of an
acquisition program baseline for any Level 1 or Level 2 acquisition
program, by—
‘‘(1) a likely cost overrun greater than 15 percent of the
acquisition program baseline for that individual capability or
asset or a class of capabilities or assets;
‘‘(2) a likely delay of more than 180 days in the delivery
schedule for any individual capability or asset or class of
capabilities or assets; or
‘‘(3) an anticipated failure for any individual capability
or asset or class of capabilities or assets to satisfy any key

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Deadline.

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Certification.

PUBLIC LAW 111–281—OCT. 15, 2010

performance threshold or parameter under the acquisition program baseline.
‘‘(b) CONTENT.—The report submitted under subsection (a) shall
include—
‘‘(1) a detailed description of the breach and an explanation
of its cause;
‘‘(2) the projected impact to performance, cost, and schedule;
‘‘(3) an updated acquisition program baseline and the complete history of changes to the original acquisition program
baseline;
‘‘(4) the updated acquisition schedule and the complete
history of changes to the original schedule;
‘‘(5) a full life-cycle cost analysis for the capability or asset
or class of capabilities or assets;
‘‘(6) a remediation plan identifying corrective actions and
any resulting issues or risks; and
‘‘(7) a description of how progress in the remediation plan
will be measured and monitored.
‘‘(c) SUBSTANTIAL VARIANCES IN COSTS OR SCHEDULE.—If a
likely cost overrun is greater than 20 percent or a likely delay
is greater than 12 months from the costs and schedule described
in the acquisition program baseline for any Level 1 or Level 2
acquisition project or program of the Coast Guard, the Commandant
shall include in the report a written certification, with a supporting
explanation, that—
‘‘(1) the capability or asset or capability or asset class
to be acquired under the project or program is essential to
the accomplishment of Coast Guard missions;
‘‘(2) there are no alternatives to such capability or asset
or capability or asset class that will provide equal or greater
capability in both a more cost-effective and timely manner;
‘‘(3) the new acquisition schedule and estimates for total
acquisition cost are reasonable; and
‘‘(4) the management structure for the acquisition program
is adequate to manage and control performance, cost, and
schedule.
‘‘§ 576. Acquisition approval authority
‘‘Nothing in this subchapter shall be construed as altering
or diminishing in any way the statutory authority and responsibility
of the Secretary of the department in which the Coast Guard
is operating, or the Secretary’s designee, to—
‘‘(1) manage and administer department procurements,
including procurements by department components, as required
by section 701 of the Homeland Security Act of 2002 (6 U.S.C.
341); or
‘‘(2) manage department acquisition activities and act as
the Acquisition Decision Authority with regard to the review
or approval of a Coast Guard Level 1 or Level 2 acquisition
project or program, as required by section 16 of the Office
of Federal Procurement Policy Act (41 U.S.C. 414) and related
implementing regulations and directives.

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‘‘SUBCHAPTER III—DEFINITIONS
‘‘§ 581. Definitions
‘‘In this chapter:

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PUBLIC LAW 111–281—OCT. 15, 2010

124 STAT. 2949

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

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14 USC 1.

PUBLIC LAW 111–281—OCT. 15, 2010

‘‘(A) the testing of a capability or asset and the subsystems of the capability or asset to determine whether
they meet all contractual performance requirements,
including
technical
performance
requirements,
supportability requirements, and interoperability requirements and related specifications; and
‘‘(B) the evaluation of the results of such testing.
‘‘(10) OPERATIONAL TEST AND EVALUATION.—The term ‘operational test and evaluation’ means—
‘‘(A) the testing of a capability or asset and the subsystems of the capability or asset, under conditions similar
to those in which the capability or asset and subsystems
will actually be deployed, for the purpose of determining
the effectiveness and suitability of the capability or asset
and subsystems for use by typical Coast Guard users to
conduct those missions for which the capability or asset
and subsystems are intended to be used; and
‘‘(B) the evaluation of the results of such testing.’’.
(b) CONFORMING AMENDMENT.—The part analysis for part I
of title 14, United States Code, is amended by inserting after
the item relating to chapter 13 the following:
‘‘15. Acquisitions .....................................................................................................

561’’.

SEC. 403. NATIONAL SECURITY CUTTERS.
Deadline.
Assessment.

Definition.

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

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SEC. 404. ACQUISITION WORKFORCE EXPEDITED HIRING AUTHORITY.

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

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124 STAT. 2951

(2) use the authorities in such sections to recruit and
appoint highly qualified persons directly to positions so designated.
(b) LIMITATION.—The Commandant may not appoint a person
to a position of employment under this paragraph after September
30, 2012.
(c) REPORTS.—The Commandant shall include in reports under
section 562(d) of title 14, United States Code, as added by this
title, information described in that section regarding positions designated under this section.

TITLE V—COAST GUARD
MODERNIZATION
SEC. 501. SHORT TITLE.

Coast Guard
Modernization
Act of 2010.
14 USC 1 note.

This title may be cited as the ‘‘Coast Guard Modernization
Act of 2010’’.

Subtitle A—Coast Guard Leadership
SEC. 511. VICE ADMIRALS.

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(a) VICE ADMIRALS.—Section 50 of such title is amended to
read as follows:
‘‘§ 50. Vice admirals
‘‘(a)(1) The President may designate no more than 4 positions
of importance and responsibility that shall be held by officers who—
‘‘(A) while so serving, shall have the grade of vice
admiral, with the pay and allowances of that grade; and
‘‘(B) shall perform such duties as the Commandant
may prescribe.
‘‘(2) The President may appoint, by and with the advice and
consent of the Senate, and reappoint, by and with the advice and
consent of the Senate, to any such position an officer of the Coast
Guard who is serving on active duty above the grade of captain.
The Commandant shall make recommendations for such appointments.
‘‘(3) (A) Except as provided in subparagraph (B), one of the
vice admirals designated under paragraph (1) must have at least
10 years experience in vessel inspection, marine casualty investigations, mariner licensing, or an equivalent technical expertise in
the design and construction of commercial vessels, with at least
4 years of leadership experience at a staff or unit carrying out
marine safety functions and shall serve as the principal advisor
to the Commandant on these issues.
‘‘(B) The requirements of subparagraph (A) do not apply to
such vice admiral if the subordinate officer serving in the grade
of rear admiral with responsibilities for marine safety, security,
and stewrdship possesses that experience.
‘‘(b)(1) The appointment and the grade of vice admiral shall
be effective on the date the officer assumes that duty and, except
as provided in paragraph (2) of this subsection or in section 51(d)
of this title, shall terminate on the date the officer is detached
from that duty.

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Termination
date.

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14 USC 50a.
14 USC 51.

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‘‘(2) An officer who is appointed to a position designated under
subsection (a) shall continue to hold the grade of vice admiral—
‘‘(A) while under orders transferring the officer to another
position designated under subsection (a), beginning on the date
the officer is detached from that duty and terminating on
the date before the day the officer assumes the subsequent
duty, but not for more than 60 days;
‘‘(B) while hospitalized, beginning on the day of the hospitalization and ending on the day the officer is discharged
from the hospital, but not for more than 180 days; and
‘‘(C) while awaiting retirement, beginning on the date the
officer is detached from duty and ending on the day before
the officer’s retirement, but not for more than 60 days.
‘‘(c)(1) An appointment of an officer under subsection (a) does
not vacate the permanent grade held by the officer.
‘‘(2) An officer serving in a grade above rear admiral who
holds the permanent grade of rear admiral (lower half) shall be
considered for promotion to the permanent grade of rear admiral
as if the officer was serving in the officer’s permanent grade.
‘‘(d) Whenever a vacancy occurs in a position designated under
subsection (a), the Commandant shall inform the President of the
qualifications needed by an officer serving in that position or office
to carry out effectively the duties and responsibilities of that position or office.’’.
(b) REPEAL.—Section 50a of such title is repealed.
(c) CONFORMING AMENDMENTS.—Section 51 of such title is
amended—
(1) by striking subsections (a), (b), and (c) and inserting
the following:
‘‘(a) An officer, other than the Commandant, who, while serving
in the grade of vice admiral, is retired for physical disability shall
be placed on the retired list with the highest grade in which
that officer served.
‘‘(b) An officer, other than the Commandant, who is retired
while serving in the grade of vice admiral, or who, after serving
at least 21⁄2 years in the grade of vice admiral, is retired while
serving in a lower grade, may in the discretion of the President,
be retired with the highest grade in which that officer served.
‘‘(c) An officer, other than the Commandant, who, after serving
less than 21⁄2 years in the grade of vice admiral, is retired while
serving in a lower grade, shall be retired in his permanent grade.’’;
and
(2) by striking ‘‘Area Commander, or Chief of Staff’’ in
subsection (d)(2) and inserting ‘‘or Vice Admiral’’.
(d) CONTINUITY OF GRADE.—Section 52 of title 14, United States
Code, is amended by inserting ‘‘or admiral’’ after ‘‘vice admiral’’
the first place it appears.
(e) CONTINUATION ON ACTIVE DUTY.—The second sentence of
section 290(a) of title 14, United States Code, is amended to read
as follows: ‘‘Officers, other than the Commandant, serving for the
time being or who have served in the grade of vice admiral are
not subject to consideration for continuation under this subsection,
and as to all other provisions of this section shall be considered
as having been continued at the grade of rear admiral.’’.
(f) CLERICAL AMENDMENTS.—
(1) The section caption for section 47 of such title is
amended to read as follows:

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

14 USC 41.

‘‘47. Vice Commandant; appointment.’’;

(B) by striking the item relating to section 50a;
(C) by striking the item relating to section 50 and
inserting the following:
‘‘50. Vice admirals.’’; and

(D) by striking the item relating to section 52 and
inserting the following:
‘‘52. Vice admirals and admiral, continuity of grade.’’.
(g) TECHNICAL CORRECTION.—Section 47

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

14 USC 50 note.

Subtitle B—Workforce Expertise
SEC. 521. PREVENTION AND RESPONSE STAFF.

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(a) IN GENERAL.—Chapter 3 of title 14, United States Code,
is amended by adding at the end the following new sections:
‘‘§ 57. Prevention and response workforces
‘‘(a) CAREER PATHS.—The Secretary, acting through the Commandant, shall ensure that appropriate career paths for civilian
and military Coast Guard personnel who wish to pursue career
paths in prevention or response positions are identified in terms
of the education, training, experience, and assignments necessary
for career progression of civilians and members of the Armed Forces
to the most senior prevention or response positions, as appropriate.
The Secretary shall make available published information on such
career paths.

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124 STAT. 2954

PUBLIC LAW 111–281—OCT. 15, 2010

‘‘(b) QUALIFICATIONS FOR CERTAIN ASSIGNMENTS.—An officer,
member, or civilian employee of the Coast Guard assigned as a—
‘‘(1) marine inspector shall have the training, experience,
and qualifications equivalent to that required for a similar
position at a classification society recognized by the Secretary
under section 3316 of title 46 for the type of vessel, system,
or equipment that is inspected;
‘‘(2) marine casualty investigator shall have the training,
experience, and qualifications in investigation, marine casualty
reconstruction, evidence collection and preservation, human factors, and documentation using best investigation practices by
Federal and non-Federal entities; or
‘‘(3) marine safety engineer shall have knowledge, skill,
and practical experience in—
‘‘(A) the construction and operation of commercial vessels;
‘‘(B) judging the character, strength, stability, and
safety qualities of such vessels and their equipment; or
‘‘(C) the qualifications and training of vessel personnel.
‘‘(c) APPRENTICESHIP REQUIREMENT TO QUALIFY FOR CERTAIN
CAREERS.—The Commandant may require an officer, member, or
employee of the Coast Guard in training for a specialized prevention
or response career path to serve an apprenticeship under the guidance of a qualified individual. However, an individual in training
to become a marine inspector, marine casualty investigator, or
marine safety engineer shall serve a minimum of one-year as an
apprentice unless the Commandant authorizes a shorter period
for certain qualifications.
‘‘(d) MANAGEMENT INFORMATION SYSTEM.—The Secretary,
acting through the Commandant, shall establish a management
information system for the prevention and response workforces
that shall provide, at a minimum, the following standardized
information on persons serving in those workforces:
‘‘(1) Qualifications, assignment history, and tenure in
assignments.
‘‘(2) Promotion rates for military and civilian personnel.
‘‘(e) ASSESSMENT OF ADEQUACY OF MARINE SAFETY
WORKFORCE.—
‘‘(1) REPORT.—The Secretary, acting through the Commandant, shall report to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate by December 1 of each year on the adequacy of the
current marine safety workforce to meet that anticipated workload.
‘‘(2) CONTENTS.—The report shall specify the number of
civilian and military Coast Guard personnel currently assigned
to marine safety positions and shall identify positions that
are understaffed to meet the anticipated marine safety workload.
‘‘(f) SECTOR CHIEF OF PREVENTION.—There shall be in each
Coast Guard sector a Chief of Prevention who shall be at least
a Lieutenant Commander or civilian employee within the grade
GS–13 of the General Schedule, and who shall be a—
‘‘(1) marine inspector, qualified to inspect vessels, vessel
systems, and equipment commonly found in the sector; and

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‘‘(2) qualified marine casualty investigator or marine safety
engineer.
‘‘(g) SIGNATORIES OF LETTER OF QUALIFICATION FOR CERTAIN
PREVENTION PERSONNEL.—Each individual signing a letter of qualification for marine safety personnel must hold a letter of qualification for the type being certified.
‘‘(h) SECTOR CHIEF OF RESPONSE.—There shall be in each Coast
Guard sector a Chief of Response who shall be at least a Lieutenant
Commander or civilian employee within the grade GS–13 of the
General Schedule in each Coast Guard sector.
‘‘§ 58. Centers of expertise for Coast Guard prevention and
response
‘‘(a) ESTABLISHMENT.—The Commandant of the Coast Guard
may establish and operate one or more centers of expertise for
prevention and response missions of the Coast Guard (in this section
referred to as a ‘center’).
‘‘(b) MISSIONS.—Each center shall—
‘‘(1) promote and facilitate education, training, and
research;
‘‘(2) develop a repository of information on its missions
and specialties; and
‘‘(3) perform any other missions as the Commandant may
specify.
‘‘(c) JOINT OPERATION WITH EDUCATIONAL INSTITUTION AUTHORIZED.—The Commandant may enter into an agreement with an
appropriate official of an institution of higher education to—
‘‘(1) provide for joint operation of a center; and
‘‘(2) provide necessary administrative services for a center,
including administration and allocation of funds.
‘‘(d) ACCEPTANCE OF DONATIONS.—
‘‘(1) Except as provided in paragraph (2), the Commandant
may accept, on behalf of a center, donations to be used to
defray the costs of the center or to enhance the operation
of the center. Those donations may be accepted from any State
or local government, any foreign government, any foundation
or other charitable organization (including any that is organized
or operates under the laws of a foreign country), or any individual.
‘‘(2) The Commandant may not accept a donation under
paragraph (1) if the acceptance of the donation would compromise or appear to compromise—
‘‘(A) the ability of the Coast Guard or the department
in which the Coast Guard is operating, any employee of
the Coast Guard or the department, or any member of
the Armed Forces to carry out any responsibility or duty
in a fair and objective manner; or
‘‘(B) the integrity of any program of the Coast Guard,
the department in which the Coast Guard is operating,
or of any person involved in such a program.
‘‘(3) The Commandant shall prescribe written guidance setting forth the criteria to be used in determining whether or
not the acceptance of a donation from a foreign source would
have a result described in paragraph (2).

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14 USC 41.

PUBLIC LAW 111–281—OCT. 15, 2010

‘‘§ 59. Marine industry training program
‘‘(a) IN GENERAL.—The Commandant shall, by policy, establish
a program under which an officer, member, or employee of the
Coast Guard may be assigned to a private entity to further the
institutional interests of the Coast Guard with regard to marine
safety, including for the purpose of providing training to an officer,
member, or employee. Policies to carry out the program—
‘‘(1) with regard to an employee of the Coast Guard, shall
include provisions, consistent with sections 3702 through 3704
of title 5, as to matters concerning—
‘‘(A) the duration and termination of assignments;
‘‘(B) reimbursements; and
‘‘(C) status, entitlements, benefits, and obligations of
program participants; and
‘‘(2) shall require the Commandant, before approving the
assignment of an officer, member, or employee of the Coast
Guard to a private entity, to determine that the assignment
is an effective use of the Coast Guard’s funds, taking into
account the best interests of the Coast Guard and the costs
and benefits of alternative methods of achieving the same
results and objectives.
‘‘(b) ANNUAL REPORT.—Not later than the date of the submission each year of the President’s budget request under section
1105 of title 31, the Commandant shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation
of the Senate a report that describes—
‘‘(1) the number of officers, members, and employees of
the Coast Guard assigned to private entities under this section;
and
‘‘(2) the specific benefit that accrues to the Coast Guard
for each assignment.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is further amended by adding at the end
the following new items:
‘‘57. Prevention and response workforces.
‘‘58. Centers of expertise for Coast Guard prevention and response.
‘‘59. Marine industry training programs.’’.
SEC. 522. MARINE SAFETY MISSION PRIORITIES AND LONG-TERM
GOALS.

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(a) IN GENERAL.—Chapter 21 of title 46, United States Code,
is amended by adding at the end the following new section:
‘‘§ 2116. Marine safety strategy, goals, and performance
assessments
‘‘(a) LONG-TERM STRATEGY AND GOALS.—In conjunction with
existing federally required strategic planning efforts, the Secretary
shall develop a long-term strategy for improving vessel safety and
the safety of individuals on vessels. The strategy shall include
the issuance each year of an annual plan and schedule for achieving
the following goals:
‘‘(1) Reducing the number and rates of marine casualties.
‘‘(2) Improving the consistency and effectiveness of vessel
and operator enforcement and compliance programs.
‘‘(3) Identifying and targeting enforcement efforts at highrisk vessels and operators.

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‘‘(4) Improving research efforts to enhance and promote
vessel and operator safety and performance.
‘‘(b) CONTENTS OF STRATEGY AND ANNUAL PLANS.—
‘‘(1) MEASURABLE GOALS.—The strategy and annual plans
shall include specific numeric or measurable goals designed
to achieve the goals set forth in subsection (a). The purposes
of the numeric or measurable goals are the following:
‘‘(A) To increase the number of safety examinations
on all high-risk vessels.
‘‘(B) To eliminate the backlog of marine safety-related
rulemakings.
‘‘(C) To improve the quality and effectiveness of marine
safety information databases by ensuring that all Coast
Guard personnel accurately and effectively report all safety,
casualty, and injury information.
‘‘(D) To provide for a sufficient number of Coast Guard
marine safety personnel, and provide adequate facilities
and equipment to carry out the functions referred to in
section 93(c).
‘‘(2) RESOURCE NEEDS.—The strategy and annual plans
shall include estimates of—
‘‘(A) the funds and staff resources needed to accomplish
each activity included in the strategy and plans; and
‘‘(B) the staff skills and training needed for timely
and effective accomplishment of each goal.
‘‘(c) SUBMISSION WITH THE PRESIDENT’S BUDGET.—Beginning
with fiscal year 2011 and each fiscal year thereafter, the Secretary
shall submit to Congress the strategy and annual plan not later
than 60 days following the transmission of the President’s budget
submission under section 1105 of title 31.
‘‘(d) ACHIEVEMENT OF GOALS.—
‘‘(1) PROGRESS ASSESSMENT.—No less frequently than semiannually, the Coast Guard Commandant shall assess the
progress of the Coast Guard toward achieving the goals set
forth in subsection (b). The Commandant shall convey the Commandant’s assessment to the employees of the marine safety
workforce and shall identify any deficiencies that should be
remedied before the next progress assessment.
‘‘(2) REPORT TO CONGRESS.—The Secretary shall report
annually to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate—
‘‘(A) on the performance of the marine safety program
in achieving the goals of the marine safety strategy and
annual plan under subsection (a) for the year covered by
the report;
‘‘(B) on the program’s mission performance in achieving
numerical measurable goals established under subsection
(b); and
‘‘(C) recommendations on how to improve performance
of the program.’’.
(b) CLERICAL AMENDMENT.—The analysis for such chapter is
amended by adding at the end the following new item:

Effective date.
Deadline.
Plans.

Deadline.

46 USC 2101.

‘‘2116. Marine safety strategy, goals, and performance assessments.’’.
(c) CERTIFICATES OF INSPECTION.—Section 3309 of

title 46,
United States Code, is amended by adding at the end the following:

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PUBLIC LAW 111–281—OCT. 15, 2010

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

Section 93 of title 14, United States Code, is amended by
adding at the end the following new subsections:
‘‘(c) MARINE SAFETY RESPONSIBILITIES.—In exercising the Commandant’s duties and responsibilities with regard to marine safety,
the individual with the highest rank who meets the experience
qualifications set forth in section 50(a)(3) shall serve as the principal
advisor to the Commandant regarding—
‘‘(1) the operation, regulation, inspection, identification,
manning, and measurement of vessels, including plan approval
and the application of load lines;
‘‘(2) approval of materials, equipment, appliances, and associated equipment;
‘‘(3) the reporting and investigation of marine casualties
and accidents;
‘‘(4) the licensing, certification, documentation, protection
and relief of merchant seamen;
‘‘(5) suspension and revocation of licenses and certificates;
‘‘(6) enforcement of manning requirements, citizenship
requirements, control of log books;
‘‘(7) documentation and numbering of vessels;
‘‘(8) State boating safety programs;
‘‘(9) commercial instruments and maritime liens;
‘‘(10) the administration of bridge safety;
‘‘(11) administration of the navigation rules;
‘‘(12) the prevention of pollution from vessels;
‘‘(13) ports and waterways safety;
‘‘(14) waterways management; including regulation for
regattas and marine parades;
‘‘(15) aids to navigation; and
‘‘(16) other duties and powers of the Secretary related
to marine safety and stewardship.
‘‘(d) OTHER AUTHORITY NOT AFFECTED.—Nothing in subsection
(c) affects—
‘‘(1) the authority of Coast Guard officers and members
to enforce marine safety regulations using authority under
section 89 of this title; or
‘‘(2) the exercise of authority under section 91 of this title
and the provisions of law codified at sections 191 through
195 of title 50 on the date of enactment of this paragraph.’’.
SEC. 524. APPEALS AND WAIVERS.

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(a) IN GENERAL.—Chapter 5 of title 14, United States Code,
is further amended by inserting at the end the following new
section:
‘‘§ 102. Appeals and waivers
‘‘Except for the Commandant of the Coast Guard, any individual
adjudicating an appeal or waiver of a decision regarding marine
safety, including inspection or manning and threats to the environment, shall—
‘‘(1) be a qualified specialist with the training, experience,
and qualifications in marine safety to effectively judge the

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124 STAT. 2959

facts and circumstances involved in the appeal and make a
judgment regarding the merits of the appeal; or
‘‘(2) have a senior staff member who—
‘‘(A) meets the requirements of paragraph (1);
‘‘(B) actively advises the individual adjudicating the
appeal; and
‘‘(C) concurs in writing on the decision on appeal.’’.
(b) CLERICAL AMENDMENT.—The analysis for such chapter is
further amended by adding at the end the following new item:

14 USC 81.

‘‘102. Appeals and waivers.’’.
SEC. 525. COAST GUARD ACADEMY.

(a) IN GENERAL.—Chapter 9 of title 14, United States Code,
is further amended by adding at the end the following new section:
‘‘§ 200. Marine safety curriculum
‘‘The Commandant of the Coast Guard shall ensure that professional courses of study in marine safety are provided at the Coast
Guard Academy, and during other officer accession programs, to
give Coast Guard cadets and other officer candidates a background
and understanding of the marine safety program. These courses
may include such topics as program history, vessel design and
construction, vessel inspection, casualty investigation, and administrative law and regulations.’’.
(b) CLERICAL AMENDMENT.—The analysis for such chapter is
further amended by adding at the end the following new item:

14 USC 181.

‘‘200. Marine safety curriculum.’’.
SEC. 526. REPORT REGARDING CIVILIAN MARINE INSPECTORS.

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

TITLE VI—MARINE SAFETY
SEC. 601. SHORT TITLE.

Maritime Safety
Act of 2010.
46 USC 101 note.

This title may be cited as the ‘‘Maritime Safety Act of 2010’’.

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SEC. 602. VESSEL SIZE LIMITS.

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

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124 STAT. 2960

Stat. 2681–627) and is eligible for a fishery endorsement
under this section; or
‘‘(D) the vessel is a fish tender vessel that is not
engaged in the harvesting or processing of fish.’’.
(b) CONFORMING AMENDMENTS.—
(1) VESSEL REBUILDING AND REPLACEMENT.—Section 208(g)
of the American Fisheries Act (title II of division C of Public
Law 105–277; 112 Stat. 2681–627) is amended to read as follows:
‘‘(g) VESSEL REBUILDING AND REPLACEMENT.—
‘‘(1) IN GENERAL.—
‘‘(A) REBUILD OR REPLACE.—Notwithstanding any
limitation to the contrary on replacing, rebuilding, or
lengthening vessels or transferring permits or licenses to
a replacement vessel contained in sections 679.2 and 679.4
of title 50, Code of Federal Regulations, as in effect on
the date of enactment of the Coast Guard Authorization
Act of 2010 and except as provided in paragraph (4), the
owner of a vessel eligible under subsection (a), (b), (c),
(d), or (e), in order to improve vessel safety and operational
efficiencies (including fuel efficiency), may rebuild or
replace that vessel (including fuel efficiency) with a vessel
documented with a fishery endorsement under section
12113 of title 46, United States Code.
‘‘(B) SAME REQUIREMENTS.—The rebuilt or replacement
vessel shall be eligible in the same manner and subject
to the same restrictions and limitations under such subsection as the vessel being rebuilt or replaced.
‘‘(C) TRANSFER OF PERMITS AND LICENSES.—Each
fishing permit and license held by the owner of a vessel
or vessels to be rebuilt or replaced under subparagraph
(A) shall be transferred to the rebuilt or replacement vessel
or its owner, as necessary to permit such rebuilt or replacement vessel to operate in the same manner as the vessel
prior to the rebuilding or the vessel it replaced, respectively.
‘‘(2) RECOMMENDATIONS OF NORTH PACIFIC FISHERY
MANAGEMENT COUNCIL.—The North Pacific Fishery Management Council may recommend for approval by the Secretary
such conservation and management measures, including size
limits and measures to control fishing capacity, in accordance
with the Magnuson-Stevens Act as it considers necessary to
ensure that this subsection does not diminish the effectiveness
of fishery management plans of the Bering Sea and Aleutian
Islands Management Area or the Gulf of Alaska.
‘‘(3) SPECIAL RULE FOR REPLACEMENT OF CERTAIN VESSELS.—
‘‘(A) IN GENERAL.—Notwithstanding the requirements
of subsections (b)(2), (c)(1), and (c)(2) of section 12113 of
title 46, United States Code, a vessel that is eligible under
subsection (a), (b), (c), or (e) and that qualifies to be documented with a fishery endorsement pursuant to section
213(g) may be replaced with a replacement vessel under
paragraph (1) if the vessel that is replaced is validly documented with a fishery endorsement pursuant to section
213(g) before the replacement vessel is documented with

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16 USC 1851
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a fishery endorsement under section 12113 of title 46,
United States Code.
‘‘(B) APPLICABILITY.—A replacement vessel under
subparagraph (A) and its owner and mortgagee are subject
to the same limitations under section 213(g) that are
applicable to the vessel that has been replaced and its
owner and mortgagee.
‘‘(4) SPECIAL RULES FOR CERTAIN CATCHER VESSELS.—
‘‘(A) IN GENERAL.—A replacement for a covered vessel
described in subparagraph (B) is prohibited from harvesting
fish in any fishery (except for the Pacific whiting fishery)
managed under the authority of any Regional Fishery
Management Council (other than the North Pacific Fishery
Management Council) established under section 302(a) of
the Magnuson-Stevens Act.
‘‘(B) COVERED VESSELS.—A covered vessel referred to
in subparagraph (A) is—
‘‘(i) a vessel eligible under subsection (a), (b), or
(c) that is replaced under paragraph (1); or
‘‘(ii) a vessel eligible under subsection (a), (b), or
(c) that is rebuilt to increase its registered length,
gross tonnage, or shaft horsepower.
‘‘(5) LIMITATION ON FISHERY ENDORSEMENTS.—Any vessel
that is replaced under this subsection shall thereafter not be
eligible for a fishery endorsement under section 12113 of title
46, United States Code, unless that vessel is also a replacement
vessel described in paragraph (1).
‘‘(6) GULF OF ALASKA LIMITATION.—Notwithstanding paragraph (1), the Secretary shall prohibit from participation in
the groundfish fisheries of the Gulf of Alaska any vessel that
is rebuilt or replaced under this subsection and that exceeds
the maximum length overall specified on the license that
authorizes fishing for groundfish pursuant to the license limitation program under part 679 of title 50, Code of Federal Regulations, as in effect on the date of enactment of the Coast Guard
Authorization Act of 2010.
‘‘(7) AUTHORITY OF PACIFIC COUNCIL.—Nothing in this section shall be construed to diminish or otherwise affect the
authority of the Pacific Council to recommend to the Secretary
conservation and management measures to protect fisheries
under its jurisdiction (including the Pacific whiting fishery)
and participants in such fisheries from adverse impacts caused
by this Act.’’.
(2) REPEAL OF EXEMPTION OF CERTAIN VESSELS.—Section
203(g) of the American Fisheries Act (title II of division C
of Public Law 105–277; 112 Stat. 2681–620) is repealed.
(3) FISHERY COOPERATIVE EXIT PROVISIONS.—Section 210(b)
of the American Fisheries Act (title II of division C of Public
Law 105–277; 112 Stat. 2681–629) is amended—
(A) by moving the matter beginning with ‘‘the Secretary
shall’’ in paragraph (1) 2 ems to the right; and
(B) by adding at the end the following:
‘‘(7) FISHERY COOPERATIVE EXIT PROVISIONS.—
‘‘(A) FISHING ALLOWANCE DETERMINATION.—For purposes of determining the aggregate percentage of directed
fishing allowances under paragraph (1), when a catcher

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PUBLIC LAW 111–281—OCT. 15, 2010
vessel is removed from the directed pollock fishery, the
fishery allowance for pollock for the vessel being removed—
‘‘(i) shall be based on the catch history determination for the vessel made pursuant to section 679.62
of title 50, Code of Federal Regulations, as in effect
on the date of enactment of the Coast Guard Authorization Act of 2010; and
‘‘(ii) shall be assigned, for all purposes under this
title, in the manner specified by the owner of the
vessel being removed to any other catcher vessel or
among other catcher vessels participating in the fishery
cooperative if such vessel or vessels remain in the
fishery cooperative for at least one year after the date
on which the vessel being removed leaves the directed
pollock fishery.
‘‘(B) ELIGIBILITY FOR FISHERY ENDORSEMENT.—Except
as provided in subparagraph (C), a vessel that is removed
pursuant to this paragraph shall be permanently ineligible
for a fishery endorsement, and any claim (including relating
to catch history) associated with such vessel that could
qualify any owner of such vessel for any permit to participate in any fishery within the exclusive economic zone
of the United States shall be extinguished, unless such
removed vessel is thereafter designated to replace a vessel
to be removed pursuant to this paragraph.
‘‘(C) LIMITATIONS ON STATUTORY CONSTRUCTION.—
Nothing in this paragraph shall be construed—
‘‘(i) to make the vessels AJ (United States official
number 905625), DONA MARTITA (United States official number 651751), NORDIC EXPLORER (United
States official number 678234), and PROVIDIAN
(United States official number 1062183) ineligible for
a fishery endorsement or any permit necessary to
participate in any fishery under the authority of the
New England Fishery Management Council or the MidAtlantic Fishery Management Council established,
respectively, under subparagraphs (A) and (B) of section 302(a)(1) of the Magnuson-Stevens Act; or
‘‘(ii) to allow the vessels referred to in clause (i)
to participate in any fishery under the authority of
the Councils referred to in clause (i) in any manner
that is not consistent with the fishery management
plan for the fishery developed by the Councils under
section 303 of the Magnuson-Stevens Act.’’.

Reports.

SEC. 603. COLD WEATHER SURVIVAL TRAINING.

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

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SEC. 604. FISHING VESSEL SAFETY.

(a) SAFETY STANDARDS.—Section 4502 of title 46, United States
Code, is amended—
(1) in subsection (a), by—

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PUBLIC LAW 111–281—OCT. 15, 2010

124 STAT. 2963

(A) striking paragraphs (6) and (7) and inserting the
following:
‘‘(6) other equipment required to minimize the risk of injury
to the crew during vessel operations, if the Secretary determines
that a risk of serious injury exists that can be eliminated
or mitigated by that equipment; and’’; and
(B) redesignating paragraph (8) as paragraph (7);
(2) in subsection (b)—
(A) in paragraph (1) in the matter preceding subparagraph (A), by striking ‘‘documented’’;
(B) in paragraph (1)(A), by striking ‘‘the Boundary
Line’’ and inserting ‘‘3 nautical miles from the baseline
from which the territorial sea of the United States is measured or beyond 3 nautical miles from the coastline of the
Great Lakes’’;
(C) in paragraph (2)(B), by striking ‘‘lifeboats or liferafts’’ and inserting ‘‘a survival craft that ensures that
no part of an individual is immersed in water’’;
(D) in paragraph (2)(D), by inserting ‘‘marine’’ before
‘‘radio’’;
(E) in paragraph (2)(E), by striking ‘‘radar reflectors,
nautical charts, and anchors’’ and inserting ‘‘nautical
charts, and publications’’;
(F) in paragraph (2)(F), by striking ‘‘, including medicine chests’’ and inserting ‘‘and medical supplies sufficient
for the size and area of operation of the vessel’’; and
(G) by amending paragraph (2)(G) to read as follows:
‘‘(G) ground tackle sufficient for the vessel.’’;
(3) by amending subsection (f) to read as follows:
‘‘(f) To ensure compliance with the requirements of this chapter,
the Secretary—
‘‘(1) shall require the individual in charge of a vessel
described in subsection (b) to keep a record of equipment
maintenance, and required instruction and drills; and
‘‘(2) shall examine at dockside a vessel described in subsection (b) at least once every 2 years, and shall issue a certificate of compliance to a vessel meeting the requirements of
this chapter.’’; and
(4) by adding at the end the following:
‘‘(g)(1) The individual in charge of a vessel described in subsection (b) must pass a training program approved by the Secretary
that meets the requirements in paragraph (2) of this subsection
and hold a valid certificate issued under that program.
‘‘(2) The training program shall—
‘‘(A) be based on professional knowledge and skill obtained
through sea service and hands-on training, including training
in seamanship, stability, collision prevention, navigation, fire
fighting and prevention, damage control, personal survival,
emergency medical care, emergency drills, and weather;
‘‘(B) require an individual to demonstrate ability to communicate in an emergency situation and understand information
found in navigation publications;
‘‘(C) recognize and give credit for recent past experience
in fishing vessel operation; and
‘‘(D) provide for issuance of a certificate to an individual
that has successfully completed the program.

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Records.

Deadline.
Certification.

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124 STAT. 2964
Regulations.
Certification.
Deadline.

Public
information.
Database.

Grants.

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Grants.

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PUBLIC LAW 111–281—OCT. 15, 2010

‘‘(3) The Secretary shall prescribe regulations implementing
this subsection. The regulations shall require that individuals who
are issued a certificate under paragraph (2)(D) must complete
refresher training at least once every 5 years as a condition of
maintaining the validity of the certificate.
‘‘(4) The Secretary shall establish a publicly accessible electronic
database listing the names of individuals who have participated
in and received a certificate confirming successful completion of
a training program approved by the Secretary under this section.
‘‘(h) A vessel to which this chapter applies shall be constructed
in a manner that provides a level of safety equivalent to the
minimum safety standards the Secretary may establish for recreational vessels under section 4302, if—
‘‘(1) subsection (b) of this section applies to the vessel;
‘‘(2) the vessel is less than 50 feet overall in length; and
‘‘(3) the vessel is built after January 1, 2010.
‘‘(i)(1) The Secretary shall establish a Fishing Safety Training
Grants Program to provide funding to municipalities, port authorities, other appropriate public entities, not-for-profit organizations,
and other qualified persons that provide commercial fishing safety
training—
‘‘(A) to conduct fishing vessel safety training for vessel
operators and crewmembers that—
‘‘(i) in the case of vessel operators, meets the requirements of subsection (g); and
‘‘(ii) in the case of crewmembers, meets the requirements of subsection (g)(2)(A), such requirements of subsection (g)(2)(B) as are appropriate for crewmembers, and
the requirements of subsections (g)(2)(D), (g)(3), and (g)(4);
and
‘‘(B) for purchase of safety equipment and training aids
for use in those fishing vessel safety training programs.
‘‘(2) The Secretary shall award grants under this subsection
on a competitive basis.
‘‘(3) The Federal share of the cost of any activity carried out
with a grant under this subsection shall not exceed 75 percent.
‘‘(4) There is authorized to be appropriated $3,000,000 for each
of fiscal years 2010 through 2014 for grants under this subsection.
‘‘(j)(1) The Secretary shall establish a Fishing Safety Research
Grant Program to provide funding to individuals in academia, members of non-profit organizations and businesses involved in fishing
and maritime matters, and other persons with expertise in fishing
safety, to conduct research on methods of improving the safety
of the commercial fishing industry, including vessel design, emergency and survival equipment, enhancement of vessel monitoring
systems, communications devices, de-icing technology, and severe
weather detection.
‘‘(2) The Secretary shall award grants under this subsection
on a competitive basis.
‘‘(3) The Federal share of the cost of any activity carried out
with a grant under this subsection shall not exceed 75 percent.
‘‘(4) There is authorized to be appropriated $3,000,000 for each
fiscal years 2010 through 2014 for activities under this subsection.’’.
(b) CONFORMING AMENDMENT.—Section 4506(b) of title 46,
United States Code, is repealed.
(c) ADVISORY COMMITTEE.—

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PUBLIC LAW 111–281—OCT. 15, 2010

124 STAT. 2965

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

46 USC 4501.

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‘‘4508. Commercial Fishing Safety Advisory Committee.’’.
(d) LOADLINES FOR VESSELS 79 FEET OR GREATER IN LENGTH.—
(1) LIMITATION ON EXEMPTION FOR FISHING VESSELS.—Sec-

tion 5102(b)(3) of title 46, United States Code, is amended
by inserting after ‘‘vessel’’ the following ‘‘, unless the vessel
is built after July 1, 2012’’.
(2) ALTERNATE PROGRAM FOR CERTAIN FISHING VESSELS.—
Section 5103 of title 46, United States Code, is amended by
adding at the end the following:

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124 STAT. 2966

PUBLIC LAW 111–281—OCT. 15, 2010

‘‘(c) A fishing vessel built on or before July 1, 2012, that
undergoes a substantial change to the dimension of or type of
the vessel completed after the later of July 1, 2012, or the date
the Secretary establishes standards for an alternate loadline compliance program, shall comply with such an alternative loadline
compliance program that is developed in cooperation with the
commercial fishing industry and prescribed by the Secretary.’’.
(e) CLASSING OF VESSELS.—
(1) IN GENERAL.—Section 4503 of title 46, United States
Code, is amended—
(A) by striking the section heading and inserting the
following:

Applicability.

Effective date.

Effective date.
Contracts.

Applicability.

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Certification.
46 USC 4501.

‘‘§ 4503. Fishing, fish tender, and fish processing vessel certification’’;
(B) in subsection (a) by striking ‘‘fish processing’’; and
(C) by adding at the end the following:
‘‘(c) This section applies to a vessel to which section 4502(b)
of this title applies that is at least 50 feet overall in length and
is built after July 1, 2012.
‘‘(d)(1) After January 1, 2020, a fishing vessel, fish processing
vessel, or fish tender vessel to which section 4502(b) of this title
applies shall comply with an alternate safety compliance program
that is developed in cooperation with the commercial fishing
industry and prescribed by the Secretary, if the vessel—
‘‘(A) is at least 50 feet overall in length;
‘‘(B) is built before July 1, 2012; and
‘‘(C) is 25 years of age or older.
‘‘(2) A fishing vessel, fish processing vessel, or fish tender
vessel built before July 1, 2012, that undergoes a substantial change
to the dimension of or type of vessel completed after the later
of July 1, 2012, or the date the Secretary establishes standards
for an alternate safety compliance program, shall comply with such
an alternative safety compliance program that is developed in
cooperation with the commercial fishing industry and prescribed
by the Secretary.
‘‘(3) Alternative safety compliance programs may be developed
for purposes of paragraph (1) for specific regions and fisheries.
‘‘(4) Notwithstanding paragraph (1), vessels owned by a person
that owns more than 30 vessels subject to that paragraph are
not required to meet the alternate safety compliance requirements
of that paragraph until January 1, 2030, if that owner enters
into a compliance agreement with the Secretary that provides for
a fixed schedule for all of the vessels owned by that person to
meet requirements of that paragraph by that date and the vessel
owner is meeting that schedule.
‘‘(5) A fishing vessel, fish processing vessel, or fish tender
vessel to which section 4502(b) of this title applies that was classed
before July 1, 2012, shall—
‘‘(A) remain subject to the requirements of a classification
society approved by the Secretary; and
‘‘(B) have on board a certificate from that society.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 45 of title 46, United States Code, is
amended by striking the item relating to such section and
inserting the following:
‘‘4503. Fishing, fish tender, and fish processing vessel certification.’’.

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PUBLIC LAW 111–281—OCT. 15, 2010

124 STAT. 2967

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

Deadline.
46 USC 4503
note.

SEC. 605. MARINER RECORDS.

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

Time period.

Penalty.

SEC. 606. DELETION OF EXEMPTION OF LICENSE REQUIREMENT FOR
OPERATORS OF CERTAIN TOWING VESSELS.

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

(a) IN GENERAL.—Chapter 113 of title 46, United States Code,
is amended by adding at the end the following:
‘‘§ 11304. Additional logbook and entry requirements
‘‘(a) A vessel of the United States that is subject to inspection
under section 3301 of this title, except a vessel on a voyage from
a port in the United States to a port in Canada, shall have an
official logbook, which shall be kept available for review by the
Secretary on request.
‘‘(b) The log book required by subsection (a) shall include the
following entries:
‘‘(1) The time when each seaman and each officer assumed
or relieved the watch.
‘‘(2) The number of hours in service to the vessels of each
seaman and each officer.
‘‘(3) An account of each accident, illness, and injury that
occurs during each watch.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following:

46 USC 11301.

‘‘11304. Additional logbook and entry requirements.’’.

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SEC. 608. SAFE OPERATIONS AND EQUIPMENT STANDARDS.

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

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124 STAT. 2968

PUBLIC LAW 111–281—OCT. 15, 2010

‘‘§ 2117. Termination for unsafe operation
‘‘An individual authorized to enforce this title—
‘‘(1) may remove a certificate required by this title from
a vessel that is operating in a condition that does not comply
with the provisions of the certificate;
‘‘(2) may order the individual in charge of a vessel that
is operating that does not have on board the certificate required
by this title to return the vessel to a mooring and to remain
there until the vessel is in compliance with this title; and
‘‘(3) may direct the individual in charge of a vessel to
which this title applies to immediately take reasonable steps
necessary for the safety of individuals on board the vessel
if the official observes the vessel being operated in an unsafe
condition that the official believes creates an especially hazardous condition, including ordering the individual in charge
to return the vessel to a mooring and to remain there until
the situation creating the hazard is corrected or ended.

Deadline.
Review.
46 USC 2101.

‘‘§ 2118. Establishment of equipment standards
‘‘(a) In establishing standards for approved equipment required
on vessels subject to part B of this title, the Secretary shall establish
standards that are—
‘‘(1) based on performance using the best available technology that is economically achievable; and
‘‘(2) operationally practical.
‘‘(b) Using the standards established under subsection (a), the
Secretary may also certify lifesaving equipment that is not required
to be carried on vessels subject to part B of this title to ensure
that such equipment is suitable for its intended purpose.
‘‘(c) At least once every 10 years the Secretary shall review
and revise the standards established under subsection (a) to ensure
that the standards meet the requirements of this section.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is further amended by adding at the end
the following:
‘‘2117. Termination for unsafe operation.
‘‘2118. Establishment of equipment standards.’’.
SEC. 609. APPROVAL OF SURVIVAL CRAFT.

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

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46 USC 3101.

‘‘§ 3104. Survival craft
‘‘(a) Except as provided in subsection (b), the Secretary may
not approve a survival craft as a safety device for purposes of
this part, unless the craft ensures that no part of an individual
is immersed in water.
‘‘(b) The Secretary may authorize a survival craft that does
not provide protection described in subsection (a) to remain in
service until not later than January 1, 2015, if—
‘‘(1) it was approved by the Secretary before January 1,
2010; and
‘‘(2) it is in serviceable condition.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following:
‘‘3104. Survival craft.’’.

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PUBLIC LAW 111–281—OCT. 15, 2010

124 STAT. 2969

SEC. 610. SAFETY MANAGEMENT.

(a) VESSELS TO WHICH REQUIREMENTS APPLY.—Section 3202
of title 46, United States Code, is amended—
(1) in subsection (a) by striking the heading and inserting
‘‘FOREIGN VOYAGES AND FOREIGN VESSELS.—’’;
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(3) by inserting after subsection (a) the following:
‘‘(b) OTHER PASSENGER VESSELS.—This chapter applies to a
vessel that is—
‘‘(1) a passenger vessel or small passenger vessel; and
‘‘(2) is transporting more passengers than a number prescribed by the Secretary based on the number of individuals
on the vessel that could be killed or injured in a marine casualty.’’;
(4) in subsection (d), as so redesignated, by striking ‘‘subsection (b)’’ and inserting ‘‘subsection (c)’’; and
(5) in subsection (d)(4), as so redesignated, by inserting
‘‘that is not described in subsection (b) of this section’’ after
‘‘waters’’.
(b) SAFETY MANAGEMENT SYSTEM.—Section 3203 of title 46,
United States Code, is amended by adding at the end the following
new subsection:
‘‘(c) In prescribing regulations for passenger vessels and small
passenger vessels, the Secretary shall consider—
‘‘(1) the characteristics, methods of operation, and nature
of the service of these vessels; and
‘‘(2) with respect to vessels that are ferries, the sizes of
the ferry systems within which the vessels operate.’’.

Regulations.

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SEC. 611. PROTECTION AGAINST DISCRIMINATION.

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

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Notification.

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124 STAT. 2970

46 USC 2114
note.

PUBLIC LAW 111–281—OCT. 15, 2010

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

Compliance.

Definition.

Section 3306 of title 46, United States Code, is amended by
adding at the end the following new subsection:
‘‘(k)(1) Each vessel of the United States that is constructed
under a contract entered into after the date of enactment of the
Maritime Safety Act of 2010, or that is delivered after January
1, 2011, with an aggregate capacity of 600 cubic meters or more
of oil fuel, shall comply with the requirements of Regulation 12A
under Annex I to the Protocol of 1978 relating to the International
Convention for the Prevention of Pollution from Ships, 1973, entitled
‘Oil Fuel Tank Protection’.
‘‘(2) The Secretary may prescribe regulations to apply the
requirements described in Regulation 12A to vessels described in
paragraph (1) that are not otherwise subject to that convention.
Any such regulation shall be considered to be an interpretive rule
for the purposes of section 553 of title 5.
‘‘(3) In this subsection the term ‘oil fuel’ means any oil used
as fuel in connection with the propulsion and auxiliary machinery
of the vessel in which such oil is carried.’’.
SEC. 613. OATHS.

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

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SEC. 614. DURATION OF LICENSES, CERTIFICATES OF REGISTRY, AND
MERCHANT MARINERS’ DOCUMENTS.

(a) MERCHANT MARINER’S DOCUMENTS.—Section 7302(f) of title
46, United States Code, is amended to read as follows:
‘‘(f) PERIODS OF VALIDITY AND RENEWAL OF MERCHANT MARINERS’ DOCUMENTS.—
‘‘(1) IN GENERAL.—Except as provided in subsection (g),
a merchant mariner’s document issued under this chapter is
valid for a 5-year period and may be renewed for additional
5-year periods.
‘‘(2) ADVANCE RENEWALS.—A renewed merchant mariner’s
document may be issued under this chapter up to 8 months
in advance but is not effective until the date that the previously
issued merchant mariner’s document expires or until the
completion of any active suspension or revocation of that previously issued merchant mariner’s document, whichever is
later.’’.
(b) DURATION OF LICENSES.—Section 7106 of such title is
amended to read as follows:

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124 STAT. 2971

‘‘§ 7106. Duration of licenses
‘‘(a) IN GENERAL.—A license issued under this part is valid
for a 5-year period and may be renewed for additional 5-year
periods; except that the validity of a license issued to a radio
officer is conditioned on the continuous possession by the holder
of a first-class or second-class radiotelegraph operator license issued
by the Federal Communications Commission.
‘‘(b) ADVANCE RENEWALS.—A renewed license issued under this
part may be issued up to 8 months in advance but is not effective
until the date that the previously issued license expires or until
the completion of any active suspension or revocation of that previously issued merchant mariner’s document, whichever is later.’’.
(c) CERTIFICATES OF REGISTRY.—Section 7107 of such title is
amended to read as follows:
‘‘§ 7107. Duration of certificates of registry
‘‘(a) IN GENERAL.—A certificate of registry issued under this
part is valid for a 5-year period and may be renewed for additional
5-year periods; except that the validity of a certificate issued to
a medical doctor or professional nurse is conditioned on the continuous possession by the holder of a license as a medical doctor
or registered nurse, respectively, issued by a State.
‘‘(b) ADVANCE RENEWALS.—A renewed certificate of registry
issued under this part may be issued up to 8 months in advance
but is not effective until the date that the previously issued certificate of registry expires or until the completion of any active suspension or revocation of that previously issued merchant mariner’s
document, whichever is later.’’.
SEC. 615. AUTHORIZATION TO EXTEND THE DURATION OF LICENSES,
CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS’
DOCUMENTS.

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(a) MERCHANT MARINER LICENSES AND DOCUMENTS.—Chapter
75 of title 46, United States Code, is amended by adding at the
end the following:
‘‘§ 7507. Authority to extend the duration of licenses, certificates of registry, and merchant mariner documents
‘‘(a) LICENSES AND CERTIFICATES OF REGISTRY.—Notwithstanding sections 7106 and 7107, the Secretary of the department
in which the Coast Guard is operating may—
‘‘(1) extend for not more than one year an expiring license
or certificate of registry issued for an individual under chapter
73 if the Secretary determines that the extension is required
to enable the Coast Guard to eliminate a backlog in processing
applications for those licenses or certificates of registry or in
response to a national emergency or natural disaster, as deemed
necessary by the Secretary; or
‘‘(2) issue for not more than five years an expiring license
or certificate of registry issued for an individual under chapter
73 for the exclusive purpose of aligning the expiration date
of such license or certificate of registry with the expiration
date of a merchant mariner’s document.
‘‘(b) MERCHANT MARINER DOCUMENTS.—Notwithstanding section 7302(g), the Secretary may—
‘‘(1) extend for not more than one year an expiring merchant mariner’s document issued for an individual under

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46 USC 7501.

PUBLIC LAW 111–281—OCT. 15, 2010

chapter 73 if the Secretary determines that the extension is
required to enable the Coast Guard to eliminate a backlog
in processing applications for those licenses or certificates of
registry or in response to a national emergency or natural
disaster, as deemed necessary by the Secretary; or
‘‘(2) issue for not more than five years an expiring merchant
mariner’s document issued for an individual under chapter
73 for the exclusive purpose of aligning the expiration date
of such merchant mariner’s document with the expiration date
of a merchant mariner’s document.
‘‘(c) MANNER OF EXTENSION.—Any extensions granted under
this section may be granted to individual seamen or a specifically
identified group of seamen.’’.
(b) CLERICAL AMENDMENT.—The analysis for such chapter is
amended by adding at the end the following:
‘‘7507. Authority to extend the duration of licenses, certificates of registry, and merchant mariner documents.’’.
SEC. 616. MERCHANT MARINER ASSISTANCE REPORT.

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

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SEC. 617. OFFSHORE SUPPLY VESSELS.

(a) REMOVAL OF TONNAGE LIMITS.—
(1) DEFINITION.—
(A) IN GENERAL.—Section 2101(19) of title 46, United
States Code, is amended by striking ‘‘of more than 15
gross tons but less than 500 gross tons as measured under
section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by
the Secretary under section 14104 of this title’’.
(B) EXEMPTION.—Section 5209(b)(1) of the Oceans Act
of 1992 (Public Law 102–587; 46 U.S.C. 2101 note) is

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124 STAT. 2973

amended by striking ‘‘vessel.’’ and inserting ‘‘vessel of less
than 500 gross tons as measured under section 14502,
or an alternate tonnage measured under section 14302
of such title as prescribed by the Secretary under section
14104 of such title.’’.
(2) APPLICATION.—Section 3702(b) of title 46, United States
Code, is amended by striking paragraph (1) and redesignating
paragraphs (2) and (3) as paragraphs (1) and (2), respectively.
(b) SCALE OF EMPLOYMENT: ABLE SEAMEN.—Section 7312(d)
of title 46, United States Code, is amended to read as follows:
‘‘(d) Individuals qualified as able seamen—offshore. supply
vessel under section 7310 of this title may constitute all of the
able seamen required on board a vessel of less than 500 gross
tons as measured under section 14502 of this title or 6,000 gross
tons as measured under section 14302 of this title engaged in
support of exploration, exploitation, or production of offshore mineral or energy resources. Individuals qualified as able seamen—
limited under section 7308 of this title may constitute all of the
able seamen required on board a vessel of at least 500 gross tons
as measured under section 14502 of this title or 6,000 gross tons
as measured under section as measured under section 14302 of
this title as prescribed by the Secretary under section 14104 of
this title engaged in support of exploration, exploitation, or production of offshore mineral or energy resources.’’.
(c) MINIMUM NUMBER OF LICENSED INDIVIDUALS.—Section
8301(b) of title 46, United States Code, is amended to read as
follows:
‘‘(b)(1) An offshore supply vessel of less than 500 gross tons
as measured under section 14502 of this title or 6,000 gross tons
as measured under section 14302 of this title on a voyage of less
than 600 miles shall have a licensed mate. If the vessel is on
a voyage of at least 600 miles, however, the vessel shall have
2 licensed mates.
‘‘(2) An offshore supply vessel of at least 6,000 gross tons
as measured under section 14302 of this title on a voyage of less
than 600 miles shall have at least two licensed mates, provided
the offshore supply vessel meets the requirements of section
8104(g)(2). An offshore supply vessel of at least 6,000 gross tons
as measured under section 14302 of this title on a voyage of at
least 600 miles shall have three licensed mates.
‘‘(3) An offshore supply vessel of more than 200 gross tons
as measured under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this title as prescribed
by the Secretary under section 14104 of this title, may not be
operated without a licensed engineer.’’.
(d) WATCHES.—Section 8104(g) of title 46, United States Code,
is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(g)’’; and
(2) by adding at the end the following:
‘‘(2) Paragraph (1) applies to an offshore supply vessel of at
least 6,000 gross tons as measured under section 14302 of this
title if the individuals engaged on the vessel are in compliance
with hours of service requirements (including recording and recordkeeping of that service) as prescribed by the Secretary.’’.
(e) OIL FUEL TANK PROTECTION.—
(1) APPLICATION.—An offshore supply vessel of at least
6,000 gross tons as measured under section 14302 of title

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46 USC 3703
note.
Compliance.

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124 STAT. 2974

46, United States Code, that is constructed under a contract
entered into after the date of enactment of this Act, or that
is delivered after August 1, 2010, with an aggregate capacity
of 600 cubic meters or more of oil fuel, shall comply with
the requirements of Regulation 12A under Annex I to the
Protocol of 1978 relating to the International Convention for
the Prevention of Pollution from Ships, 1973, entitled Oil Fuel
Tank Protection, regardless of whether such vessel is engaged
in the coastwise trade or on an international voyage.
(2) DEFINITION.—In this subsection the term ‘‘oil fuel’’
means any oil used as fuel in connection with the propulsion
and auxiliary machinery of the vessel in which such oil is
carried.
(f) REGULATIONS.—
(1) IN GENERAL.—Not later than January 1, 2012, the Secretary of the department in which the Coast Guard is operating
shall promulgate regulations to implement the amendments
and authorities enacted by this section for offshore supply
vessels of at least 6,000 gross tons as measured under section
14302 of title 46, United States Code, and to ensure the safe
carriage of oil, hazardous substances, and individuals in addition to the crew on such vessels. The final rule issued pursuant
to such rulemaking may supersede the interim final rule
promulgated under paragraph (2) of this subsection. In promulgating regulations under this subsection, the Secretary shall
take into consideration the characteristics of offshore supply
vessels, their methods of operation, and their service in support
of exploration, exploitation, or production of offshore mineral
or energy resources.
(2) INTERIM FINAL RULE AUTHORITY.—As soon as is practicable and without regard to the provisions of chapters 5
and 6 of title 5, United States Code, the Secretary shall issue
an interim final rule as a temporary regulation implementing
this section (including the amendments made by this section)
for offshore supply vessels of at least 6,000 gross tons as measured under section 14302 of title 46, United States Code, and
to ensure the safe carriage of oil, hazardous substances, and
individuals in addition to the crew on such vessels.
(3) INTERIM PERIOD.—After the effective date of this Act,
prior to the effective date of the regulations prescribed by
paragraph (2) of this subsection, and without regard to the
provisions of chapters 5 and 6 of title 5, United States Code,
and the offshore supply vessel tonnage limits of applicable
regulations and policy guidance promulgated prior to the date
of enactment of this Act, the Secretary of the department
in which the Coast Guard is operating may—
(A) issue a certificate of inspection under section 3309
of title 46, United States Code, to an offshore supply vessel
of at least 6,000 gross tons as measured under section
14302 of that title if the Secretary determines that such
vessel’s arrangements and equipment meet the current
Coast Guard requirements for certification as a cargo and
miscellaneous vessel;
(B) authorize a master, mate, or engineer who possesses an ocean or near coastal license and endorsement
under part 11 of subchapter B of title 46, Code of Federal
Regulations, (or any successor regulation) that qualifies

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46 USC 3703
note.
Deadline.

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PUBLIC LAW 111–281—OCT. 15, 2010

124 STAT. 2975

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

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

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SEC. 619. LIFESAVING DEVICES ON UNINSPECTED VESSELS.

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

Regulations.

SEC. 620. STUDY OF BLENDED FUELS IN MARINE APPLICATION.

Deadlines.

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

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124 STAT. 2976

PUBLIC LAW 111–281—OCT. 15, 2010

(1) IN GENERAL.—Not later than 36 months after the date
of enactment of this Act, the Secretary, acting through the
Commandant, shall conduct a comprehensive study on the use,
safety, and performance of blended fuels in marine applications.
The Secretary is authorized to conduct such study in conjunction with—
(A) any other Federal agency;
(B) any State government or agency;
(C) any local government or agency, including local
police and fire departments; and
(D) any private entity, including engine and vessel
manufacturers.
(2) EVALUATION.—The study shall include an evaluation
of—
(A) the impact of blended fuel on the operation, durability and performance of recreational and commercial
marine engines, vessels, and marine engine and vessel
components and associated equipment;
(B) the safety impacts of blended fuels on consumers
that own and operate recreational and commercial marine
engines and marine engine components and associated
equipment; and
(C) fires and explosions on board vessels propelled
by engines using blended fuels.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary of Homeland Security to carry
out the survey and study under this section $1,000,000.
SEC. 621. RENEWAL OF ADVISORY COMMITTEES.

105 Stat. 2213.

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105 Stat. 2215.

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(a) GREAT LAKES PILOTAGE ADVISORY COMMITTEE.—Section
9307(f)(1) of title 46, United States Code, is amended by striking
‘‘September 30, 2010.’’ and inserting ‘‘September 30, 2020.’’.
(b) NATIONAL BOATING SAFETY ADVISORY COUNCIL.—Section
13110 of title 46, United States Code, is amended—
(1) in subsection (d), by striking the first sentence; and
(2) in subsection (e), by striking ‘‘September 30, 2010.’’
and inserting ‘‘September 30, 2020.’’.
(c) HOUSTON-GALVESTON NAVIGATION SAFETY ADVISORY COMMITTEE.—Section 18(h) of the Coast Guard Authorization Act of
1991 (Public Law 102–241 as amended by Public Law 104–324)
is amended by striking ‘‘September 30, 2010.’’ and inserting ‘‘September 30, 2020.’’.
(d) LOWER MISSISSIPPI RIVER WATERWAY SAFETY ADVISORY
COMMITTEE.—Section 19 of the Coast Guard Authorization Act of
1991 (Public Law 102–241) is amended—
(1) in subsection (b)—
(A) in the matter preceding paragraph (1), by striking
‘‘twenty-four’’ and inserting ‘‘twenty-five’’; and
(B) by adding at the end the following new paragraph:
‘‘(12) One member representing the Associated Federal
Pilots and Docking Masters of Louisiana.’’; and
(2) in subsection (g), by striking ‘‘September 30, 2010.’’
and inserting ‘‘September 30, 2020.’’.
(e) TOWING SAFETY ADVISORY COMMITTEE.—The Act entitled
‘‘An Act To establish a Towing Safety Advisory Committee in the
Department of Transportation’’, approved October 6, 1980, (33
U.S.C. 1231a) is amended—

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PUBLIC LAW 111–281—OCT. 15, 2010

124 STAT. 2977

(1) by striking subsection (a) and inserting the following:
‘‘(a) There is established a Towing Safety Advisory Committee
(hereinafter referred to as the ‘Committee’). The Committee shall
consist of eighteen members with particular expertise, knowledge,
and experience regarding shallow-draft inland and coastal waterway
navigation and towing safety as follows:
‘‘(1) Seven members representing the barge and towing
industry, reflecting a regional geographic balance.
‘‘(2) One member representing the offshore mineral and
oil supply vessel industry.
‘‘(3) One member representing holders of active licensed
Masters or Pilots of towing vessels with experience on the
Western Rivers and the Gulf Intracoastal Waterway.
‘‘(4) One member representing the holders of active licensed
Masters of towing vessels in offshore service.
‘‘(5) One member representing Masters who are active shipdocking or harbor towing vessel.
‘‘(6) One member representing licensed or unlicensed
towing vessel engineers with formal training and experience.
‘‘(7) Two members representing each of the following
groups:
‘‘(A) Port districts, authorities, or terminal operators.
‘‘(B) Shippers (of whom at least one shall be engaged
in the shipment of oil or hazardous materials by barge).
‘‘(8) Two members representing the general public.’’; and
(2) in subsection (e), by striking ‘‘September 30, 2010.’’
and inserting ‘‘September 30, 2020.’’.
(f) NAVIGATION SAFETY ADVISORY COUNCIL.—Section 5 of the
Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) is
amended—
(1) by striking subsections (a) and (b) and inserting the
following:
‘‘(a) ESTABLISHMENT OF COUNCIL.—
‘‘(1) IN GENERAL.—The Secretary of the department in
which the Coast Guard is operating shall establish a Navigation
Safety Advisory Council (hereinafter referred to as the
‘Council’), consisting of not more than 21 members. All members
shall have expertise in Inland and International vessel navigation Rules of the Road, aids to maritime navigation, maritime
law, vessel safety, port safety, or commercial diving safety.
Upon appointment, all non-Federal members shall be designated as representative members to represent the viewpoints
and interests of one of the following groups or organizations:
‘‘(A) Commercial vessel owners or operators.
‘‘(B) Professional mariners.
‘‘(C) Recreational boaters.
‘‘(D) The recreational boating industry.
‘‘(E) State agencies responsible for vessel or port safety.
‘‘(F) The Maritime Law Association.
‘‘(2) PANELS.—Additional persons may be appointed to
panels of the Council to assist the Council in performance
of its functions.
‘‘(3) NOMINATIONS.—The Secretary, through the Coast
Guard Commandant, shall not less often than once a year
publish a notice in the Federal Register soliciting nominations
for membership on the Council.

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Establishment.

Designation.

Deadline.
Federal Register,
publication.
Notice.

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124 STAT. 2978
Consultation.
Recommendations.

Deadlines.
Records.
Public
information.

Deadlines.

PUBLIC LAW 111–281—OCT. 15, 2010

‘‘(b) FUNCTIONS.—The Council shall advise, consult with, and
make recommendations to the Secretary, through the Coast Guard
Commandant, on matters relating to maritime collisions, rammings,
groundings, Inland Rules of the Road, International Rules of the
Road, navigation regulations and equipment, routing measures,
marine information, diving safety, and aids to navigation systems.
Any advice and recommendations made by the Council to the Secretary shall reflect the independent judgment of the Council on
the matter concerned. The Council shall meet at the call of the
Coast Guard Commandant, but in any event not less than twice
during each calendar year. All proceedings of the Council shall
be public, and a record of the proceedings shall be made available
for public inspection.’’; and
(2) in subsection (d), by striking ‘‘September 30, 2010.’’
and inserting ‘‘September 30, 2020.’’.
(g) DELAWARE RIVER AND BAY OIL SPILL ADVISORY COMMITTEE.—
(1) IN GENERAL.—Section 607 of the Coast Guard and Maritime Transportation Act of 2006 (Public Law 109–241; 120
Stat. 556) is amended—
(A) in subsection (c)(2), by striking ‘‘Not later than
18 months after the date that the Commandant completes
appointment of the members of the Committee,’’ and
inserting ‘‘Not later than December 31, 2010,’’;
(B) in subsection (h), by striking ‘‘2007’’ and inserting
‘‘2011’’; and
(C) by striking subsection (i) and inserting the following:
‘‘(i) TERMINATION.—The Committee shall terminate 30 days
after it transmits its report, pursuant to subsection (c)(2), but
no later than December 31, 2010, whichever is earlier.’’.
(2) EFFECTIVE DATE.—The amendments made by this subsection are deemed to have taken effect as if they were enacted
on July 11, 2006.
(3) CHARTER.—Any charter pertaining to the Delaware
River and Bay Oil Spill Advisory Committee is deemed not
to have lapsed, and to have remained in effect, and, notwithstanding any other provision of law or policy, shall terminate
30 days after the date the Committee transmits its report,
pursuant to section 607(c)(2) of the Coast Guard and Maritime
Transportation Act of 2006 (Public Law 109–241; 120 Stat.
557), but not later than December 31, 2010, whichever is earlier.
(4) APPOINTMENTS TO COMMITTEE.—Any appointment to
the Delaware River and Bay Oil Spill Advisory Committee
is deemed not to have lapsed, and to have remained in effect,
and, notwithstanding any other provision of law or policy, shall
terminate 30 days after the Committee transmits its report,
pursuant to section 607(c)(2) of the Coast Guard and Maritime
Transportation Act of 2006 (Public Law 109–241; 120 Stat.
557), but not later than December 31, 2010, whichever is earlier.

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SEC. 622. DELEGATION OF AUTHORITY.

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

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124 STAT. 2979

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

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Records.

Definitions.

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124 STAT. 2980

PUBLIC LAW 111–281—OCT. 15, 2010

subject to regulation under section 30 of the Outer Continental
Shelf Lands Act (43 U.S.C. 1356).’’.
(b) REVIEW AND APPROVAL OF CLASSIFICATION SOCIETY
REQUIRED.—Section 3316(c) of title 46, United States Code, is
amended by striking so much as precedes paragraph (2) and
inserting the following:
‘‘(c)(1) A classification society (including an employee or agent
of that society) may not review, examine, survey, or certify the
construction, repair, or alteration of a vessel in the United States
unless the society has applied for approval under this subsection
and the Secretary has reviewed and approved that society with
respect to the conduct of that society under paragraph (2).’’.

TITLE VII—OIL POLLUTION
PREVENTION
Deadlines.

SEC. 701. RULEMAKINGS.

33 USC 1321
note.

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

33 USC 1321
note.

46 USC 3306
note.

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note.
Deadline.

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SEC. 702. OIL TRANSFERS FROM VESSELS.

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

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124 STAT. 2981

(1) shall focus on operations that have the highest risks
of discharge, including operations at night and in inclement
weather;
(2) shall consider—
(A) requirements for the use of equipment, such as
putting booms in place for transfers, safety, and environmental impacts;
(B) operational procedures such as manning standards,
communications protocols, and restrictions on operations
in high-risk areas; or
(C) both such requirements and operational procedures;
and
(3) shall take into account the safety of personnel and
effectiveness of available procedures and equipment for preventing or mitigating transfer spills.
(b) APPLICATION WITH STATE LAWS.—The regulations promulgated under subsection (a) do not preclude the enforcement of
any State law or regulation the requirements of which are at
least as stringent as requirements under the regulations (as determined by the Secretary) that—
(1) applies in State waters; and
(2) does not conflict with, or interfere with the enforcement
of, requirements and operational procedures under the regulations.

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SEC. 703. IMPROVEMENTS TO REDUCE HUMAN ERROR AND NEAR MISS
INCIDENTS.

46 USC 3703
note.

(a) REPORT.—Within 1 year after the date of enactment of
this Act, the Secretary shall transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House
Committee on Transportation and Infrastructure that, using available data—
(1) identifies the types of human errors that, combined,
could cause oil spills, with particular attention to human error
caused by fatigue, in the past 10 years;
(2) in consultation with representatives of industry and
labor and experts in the fields of marine casualties and human
factors, identifies the most frequent types of near-miss oil spill
incidents involving vessels such as collisions, allisions,
groundings, and loss of propulsion in the past 10 years;
(3) describes the extent to which there are gaps in the
data required under paragraphs (1) and (2), including gaps
in the ability to define and identify fatigue, and explains the
reason for those gaps; and
(4) includes recommendations by the Secretary and representatives of industry and labor and experts in the fields
of marine casualties and human factors to address the identified
types of errors and any such gaps in the data.
(b) MEASURES.—Based on the findings contained in the report
required by subsection (a), the Secretary shall take appropriate
action to reduce the risk of oil spills caused by human error.
(c) CONFIDENTIALITY OF VOLUNTARILY SUBMITTED INFORMATION.—The identity of a person making a voluntary disclosure under
this section, and any information obtained from any such voluntary
disclosure, shall be treated as confidential.
(d) DISCOVERY OF VOLUNTARILY SUBMITTED INFORMATION.—

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PUBLIC LAW 111–281—OCT. 15, 2010

(1) IN GENERAL.—Except as provided in this subsection,
a party in a judicial proceeding may not use discovery to
obtain information or data collected or received by the Secretary
for use in the report required in subsection (a).
(2) EXCEPTION.—
(A) Notwithstanding paragraph (1), a court may allow
discovery by a party in a judicial proceeding of data
described in paragraph (1) if, after an in camera review
of the information or data, the court decides that there
is a compelling reason to allow the discovery.
(B) When a court allows discovery in a judicial proceeding as permitted under this paragraph, the court shall
issue a protective order—
(i) to limit the use of the data to the judicial
proceeding; and
(ii) to prohibit dissemination of the data to any
person who does not need access to the data for the
proceeding.
(C) A court may allow data it has decided is discoverable under this paragraph to be admitted into evidence
in a judicial proceeding only if the court places the data
under seal to prevent the use of the data for a purpose
other than for the proceeding.
(3) APPLICATION.—Paragraph (1) shall not apply to—
(A) any disclosure made with actual knowledge that
the disclosure was false, inaccurate, or misleading; or
(B) any disclosure made with reckless disregard as
to the truth or falsity of that disclosure.
(e) RESTRICTION ON USE OF DATA.—Data that is voluntarily
submitted for the purpose of the study required under subsection
(a) shall not be used in an administrative action under chapter
77 of title 46, United States Code.
SEC. 704. OLYMPIC COAST NATIONAL MARINE SANCTUARY.

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

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33 USC 1321a.

SEC. 705. PREVENTION OF SMALL OIL SPILLS.

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

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124 STAT. 2983

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College Program Act (33 U.S.C. 1126) and to State agencies, tribal
governments, and other appropriate entities to carry out—
(1) regional assessments to quantify the source, incidence
and volume of small oil spills, focusing initially on regions
in the country where, in the past 10 years, the incidence of
such spills is estimated to be the highest;
(2) voluntary, incentive-based clean marina programs that
encourage marina operators, recreational boaters, and small
commercial vessel operators to engage in environmentally
sound operating and maintenance procedures and best management practices to prevent or reduce pollution from oil spills
and other sources;
(3) cooperative oil spill prevention education programs that
promote public understanding of the impacts of spilled oil and
provide useful information and techniques to minimize pollution, including methods to remove oil and reduce oil contamination of bilge water, prevent accidental spills during maintenance
and refueling and properly cleanup and dispose of oil and
hazardous substances; and
(4) support for programs, including outreach and education
to address derelict vessels and the threat of such vessels sinking
and discharging oil and other hazardous substances, including
outreach and education to involve efforts to the owners of
such vessels.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Under Secretary of Commerce for Oceans
and Atmosphere to carry out this section, $10,000,000 for each
of fiscal years 2010 through 2014.

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SEC. 706. IMPROVED COORDINATION WITH TRIBAL GOVERNMENTS.

33 USC 1321b.

(a) IN GENERAL.—Within 6 months after the date of enactment
of this Act, the Secretary of the Department in which the Coast
Guard is operating shall complete the development of a tribal
consultation policy, which recognizes and protects to the maximum
extent practicable tribal treaty rights and trust assets in order
to improve the Coast Guard’s consultation and coordination with
the tribal governments of federally recognized Indian tribes with
respect to oil spill prevention, preparedness, response and natural
resource damage assessment.
(b) INCLUSION OF TRIBAL GOVERNMENT.—The Secretary of the
Department in which the Coast Guard is operating shall ensure
that, as soon as practicable after identifying an oil spill that is
likely to have a significant impact on natural or cultural resources
owned or directly utilized by a federally recognized Indian tribe,
the Coast Guard will—
(1) ensure that representatives of the tribal government
of the affected tribes are included as part of the incident command system established by the Coast Guard to respond to
the spill;
(2) share information about the oil spill with the tribal
government of the affected tribe; and
(3) to the extent practicable, involve tribal governments
in deciding how to respond to the spill.
(c) COOPERATIVE ARRANGEMENTS.—The Coast Guard may enter
into memoranda of agreement and associated protocols with Indian
tribal governments in order to establish cooperative arrangements
for oil pollution prevention, preparedness, and response. Such

Deadline.
Consultation
policy.

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124 STAT. 2984

PUBLIC LAW 111–281—OCT. 15, 2010

memoranda may be entered into prior to the development of the
tribal consultation and coordination policy to provide Indian tribes
grant and contract assistance. Such memoranda of agreement and
associated protocols with Indian tribal governments may include—
(1) arrangements for the assistance of the tribal government to participate in the development of the National Contingency Plan and local Area Contingency Plans to the extent
they affect tribal lands, cultural and natural resources;
(2) arrangements for the assistance of the tribal government to develop the capacity to implement the National Contingency Plan and local Area Contingency Plans to the extent
they affect tribal lands, cultural and natural resources;
(3) provisions on coordination in the event of a spill,
including agreements that representatives of the tribal government will be included as part of the regional response team
co-chaired by the Coast Guard and the Environmental Protection Agency to establish policies for responding to oil spills;
(4) arrangements for the Coast Guard to provide training
of tribal incident commanders and spill responders for oil spill
preparedness and response;
(5) demonstration projects to assist tribal governments in
building the capacity to protect tribal treaty rights and trust
assets from oil spills; and
(6) such additional measures the Coast Guard determines
to be necessary for oil pollution prevention, preparedness, and
response.
(d) FUNDING FOR TRIBAL PARTICIPATION.—Subject to the availability of appropriations, the Commandant of the Coast Guard
shall provide assistance to participating tribal governments in order
to facilitate the implementation of cooperative arrangements under
subsection (c) and ensure the participation of tribal governments
in such arrangements. There are authorized to be appropriated
to the Commandant $500,000 for each of fiscal years 2010 through
2014 to be used to carry out this section.
SEC. 707. REPORT ON AVAILABILITY OF TECHNOLOGY TO DETECT THE
LOSS OF OIL.

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

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SEC. 708. USE OF OIL SPILL LIABILITY TRUST FUND.

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

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PUBLIC LAW 111–281—OCT. 15, 2010

124 STAT. 2985

(b) AUDITS; ANNUAL REPORTS.—Section 1012 of the Oil Pollution
Act of 1990 (33 U.S.C. 2712) is amended—
(1) by striking subsection (g) and inserting the following:
‘‘(g) AUDITS.—
‘‘(1) IN GENERAL.—The Comptroller General of the United
States shall conduct an audit, including a detailed accounting
of each disbursement from the Fund in excess of $500,000
that is—
‘‘(A) disbursed by the National Pollution Fund Center
and not reimbursed by the responsible party; and
‘‘(B) administered and managed by the receiving Federal agencies, including final payments made to agencies
and contractors and, to the extent possible, subcontractors.
‘‘(2) FREQUENCY.—The audits shall be conducted—
‘‘(A) at least once every 3 years after the date of enactment of the Coast Guard Authorization Act of 2010 until
2016; and
‘‘(B) at least once every 5 years after the last audit
conducted under subparagraph (A).
‘‘(3) SUBMISSION OF RESULTS.—The Comptroller shall
submit the results of each audit conducted under paragraph
(1) to—
‘‘(A) the Senate Committee on Commerce, Science, and
Transportation;
‘‘(B) the House of Representatives Committee on
Transportation and Infrastructure; and
‘‘(C) the Secretary or Administrator of each agency
referred to in paragraph (1)(B).’’; and
(2) by adding at the end thereof the following:
‘‘(l) REPORTS.—
‘‘(1) IN GENERAL.—Within one year after the date of enactment of the Coast Guard Authorization Act of 2010, and
annually thereafter, the President, through the Secretary of
the Department in which the Coast Guard is operating, shall—
‘‘(A) provide a report on disbursements for the preceding fiscal year from the Fund, regardless of whether
those disbursements were subject to annual appropriations,
to—
‘‘(i) the Senate Committee on Commerce, Science,
and Transportation; and
‘‘(ii) the House of Representatives Committee on
Transportation and Infrastructure; and
‘‘(B) make the report available to the public on the
National Pollution Funds Center Internet website.
‘‘(2) CONTENTS.—The report shall include—
‘‘(A) a list of each disbursement of $250,000 or more
from the Fund during the preceding fiscal year; and
‘‘(B) a description of how each such use of the Fund
meets the requirements of subsection (a).
‘‘(3) AGENCY RECORDKEEPING.—Each Federal agency that
receives amounts from the Fund shall maintain records
describing the purposes for which such funds were obligated
or expended in such detail as the Secretary may require for
purposes of the report required under paragraph (1).’’.

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124 STAT. 2986
33 USC 1321c.

PUBLIC LAW 111–281—OCT. 15, 2010

SEC. 709. INTERNATIONAL EFFORTS ON ENFORCEMENT.

The Secretary of the department in which the Coast Guard
is operating, in consultation with the heads of other appropriate
Federal agencies, shall ensure that the Coast Guard pursues
stronger enforcement in the International Maritime Organization
of agreements related to oil discharges, including joint enforcement
operations, training, and stronger compliance mechanisms.
Deadlines.

SEC. 710. HIGHER VOLUME PORT AREA REGULATORY DEFINITION
CHANGE.

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

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

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Deadlines.
Canada.

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PUBLIC LAW 111–281—OCT. 15, 2010

124 STAT. 2987

(b) DUAL ESCORT VESSELS FOR DOUBLE HULLED TANKERS IN
PRINCE WILLIAM SOUND, ALASKA.—
(1) IN GENERAL.—Section 4116(c) of the Oil Pollution Act
of 1990 (46 U.S.C. 3703 note) is amended—
(A) by striking ‘‘Not later than 6 months after the
date of the enactment of this Act, the’’ and inserting ‘‘(1)
IN GENERAL.—The’’; and
(B) by adding at the end the following:
‘‘(2) PRINCE WILLIAM SOUND, ALASKA.—
‘‘(A) IN GENERAL.—The requirement in paragraph (1)
relating to single hulled tankers in Prince William Sound,
Alaska, described in that paragraph being escorted by at
least 2 towing vessels or other vessels considered to be
appropriate by the Secretary (including regulations promulgated in accordance with section 3703(a)(3) of title 46,
United States Code, as set forth in part 168 of title 33,
Code of Federal Regulations (as in effect on March 1,
2009) implementing this subsection with respect to those
tankers) shall apply to double hulled tankers over 5,000
gross tons transporting oil in bulk in Prince William Sound,
Alaska.
‘‘(B) IMPLEMENTATION OF REQUIREMENTS.—The Secretary of the department in which the Coast Guard is
operating shall prescribe interim final regulations to carry
out subparagraph (A) as soon as practicable without notice
and hearing pursuant to section 553 of title 5 of the United
States Code.’’.
(2) EFFECTIVE DATE.—The amendments made by subsection
(b) take effect on the date that is 90 days after the date
of enactment of this Act.
(c) PRESERVATION OF STATE AUTHORITY.—Nothing in this Act
or in any other provision of Federal law related to the regulation
of maritime transportation of oil shall affect, or be construed or
interpreted as preempting, the authority of any State or political
subdivision thereof which require the escort by one or more tugs
of laden oil tankers in the areas which are specified in section
4116(c) of the Oil Pollution Act of 1990 (46 U.S.C. 3703 note).
(d) VESSEL TRAFFIC RISK ASSESSMENT.—
(1) REQUIREMENT.—The Commandant of the Coast Guard,
acting through the appropriate Area Committee established
under section 311(j)(4) of the Federal Water Pollution Control
Act, shall prepare a vessel traffic risk assessment for Cook
Inlet, Alaska, within 1 year after the date of enactment of
this Act.
(2) CONTENTS.—The assessment shall describe, for the
region covered by the assessment—
(A) the amount and character of present and estimated
future shipping traffic in the region; and
(B) the current and projected use and effectiveness
in reducing risk, of—
(i) traffic separation schemes and routing measures;
(ii) long-range vessel tracking systems developed
under section 70115 of title 46, United States Code;
(iii) towing, response, or escort tugs;
(iv) vessel traffic services;
(v) emergency towing packages on vessels;

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Applicability.

Regulations.

46 USC 3703
note.
46 USC 3703
note.

Alaska.
Deadline.

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PUBLIC LAW 111–281—OCT. 15, 2010
(vi) increased spill response equipment including
equipment appropriate for severe weather and sea
conditions;
(vii) the Automatic Identification System developed
under section 70114 of title 46, United States Code;
(viii) particularly sensitive sea areas, areas to be
avoided, and other traffic exclusion zones;
(ix) aids to navigation; and
(x) vessel response plans.
(3) RECOMMENDATIONS.—
(A) IN GENERAL.—The assessment shall include any
appropriate recommendations to enhance the safety, or
lessen potential adverse environmental impacts, of marine
shipping.
(B) CONSULTATION.—Before making any recommendations under paragraph (1) for a region, the Area Committee
shall consult with affected local, State, and Federal government agencies, representatives of the fishing industry,
Alaska Natives from the region, the conservation community, and the merchant shipping and oil transportation
industries.
(4) PROVISION TO CONGRESS.—The Commandant shall provide a copy of the assessment to the Committee on Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of
the Senate.

SEC. 712. EXTENSION OF FINANCIAL RESPONSIBILITY.

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

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

TITLE VIII—PORT SECURITY
SEC. 801. AMERICA’S WATERWAY WATCH PROGRAM.

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(a) IN GENERAL.—Chapter 701 of title 46, United States Code,
is amended by adding at the end thereof the following:
‘‘§ 70122. Waterway watch program
‘‘(a) PROGRAM ESTABLISHED.—There is hereby established,
within the Coast Guard, the America’s Waterway Watch Program.
‘‘(b) PURPOSE.—The Secretary shall administer the Program
in a manner that promotes voluntary reporting of activities that
may indicate that a person or persons may be preparing to engage

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124 STAT. 2989

or engaging in a violation of law relating to a threat or an act
of terrorism (as that term is defined in section 3077 of title 18)
against a vessel, facility, port, or waterway.
‘‘(c) INFORMATION; TRAINING.—
‘‘(1) INFORMATION.—The Secretary may establish, as an
element of the Program, a network of individuals and community-based organizations that encourage the public and industry
to recognize activities referred to in subsection (b), promote
voluntary reporting of such activity, and enhance the situational awareness within the Nation’s ports and waterways.
Such network shall, to the extent practicable, be conducted
in cooperation with Federal, State, and local law enforcement
agencies.
‘‘(2) TRAINING.—The Secretary may provide training in—
‘‘(A) observing and reporting on covered activities; and
‘‘(B) sharing such reports and coordinating the response
by Federal, State, and local law enforcement agencies.
‘‘(d) VOLUNTARY PARTICIPATION.—Participation in the Program—
‘‘(1) shall be wholly voluntary;
‘‘(2) shall not be a prerequisite to eligibility for, or receipt
of, any other service or assistance from, or to participation
in, any other program of any kind; and
‘‘(3) shall not require disclosure of information regarding
the individual reporting covered activities or, for proprietary
purposes, the location of such individual.
‘‘(e) COORDINATION.—The Secretary shall coordinate the Program with other like watch programs. The Secretary shall submit,
concurrent with the President’s budget submission for each fiscal
year, a report on coordination of the Program and like watch programs within the Department of Homeland Security to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Homeland Security of the House of Representatives.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated for the purposes of this section $3,000,000 for
each of fiscal years 2011 through 2016. Such funds shall remain
available until expended.’’.
(b) CLERICAL AMENDMENT.—The table of contents for chapter
701 of title 46, United States Code, is amended by inserting after
the item relating to section 70121 the following:

Reports.

46 USC 70101.

‘‘70122. Waterway watch program.’’.

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SEC. 802. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL.

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

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PUBLIC LAW 111–281—OCT. 15, 2010

(2) a comprehensive listing of the extent to which established metrics were achieved during the pilot program; and
(3) an analysis of the viability of those technologies for
use in the maritime environment, including any challenges
to implementing those technologies and strategies for mitigating identified challenges.
(b) GAO ASSESSMENT.—The Comptroller General shall review
the report and submit to the Committee on Homeland Security
and the Committee on Transportation and Infrastructure of the
House of Representatives, and the Committee on Commerce,
Science, and Transportation of the Senate an assessment of the
report’s findings and recommendations.
SEC. 803. INTERAGENCY OPERATIONAL CENTERS FOR PORT SECURITY.

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

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(a) IN GENERAL.—Section 70106 of title 46, United States Code,
is amended to read as follows:
‘‘§ 70106. Deployable, specialized forces
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—To enhance the domestic maritime security capability of the United States, the Secretary shall establish deployable specialized forces of varying capabilities as are
needed to safeguard the public and protect vessels, harbors,
ports, facilities, and cargo in waters subject to the jurisdiction
of the United States from destruction, loss or injury from crime,
or sabotage due to terrorist activity, and to respond to such
activity in accordance with the transportation security plans
developed under section 70103.
‘‘(2) ENHANCED TEAMS.—Such specialized forces shall
include no less than two enhanced teams to serve as deployable

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forces capable of combating terrorism, engaging in interdiction,
law enforcement, and advanced tactical maritime security operations to address known or potentially armed security threats
(including non-compliant actors at sea), and participating in
homeland security, homeland defense, and counterterrorism
exercises in the maritime environment.
‘‘(b) MISSION.—The combined force of the specialized forces
established under subsection (a) shall be trained, equipped, and
capable of being deployed to—
‘‘(1) deter, protect against, and rapidly respond to threats
of maritime terrorism;
‘‘(2) conduct maritime operations to protect against and
disrupt illegal use, access to, or proliferation of weapons of
mass destruction;
‘‘(3) enforce moving or fixed safety or security zones established pursuant to law;
‘‘(4) conduct high speed intercepts;
‘‘(5) board, search, and seize any article or thing on or
at, respectively, a vessel or facility found to present a risk
to the vessel or facility, or to a port;
‘‘(6) rapidly deploy to supplement United States armed
forces domestically or overseas;
‘‘(7) respond to criminal or terrorist acts so as to minimize,
insofar as possible, the disruption caused by such acts;
‘‘(8) assist with facility vulnerability assessments required
under this chapter; and
‘‘(9) carry out any other missions of the Coast Guard as
are assigned to it by the Secretary.
‘‘(c) MINIMIZATION OF RESPONSE TIMES.—The enhanced teams
established under subsection (a)(2) shall, to the extent practicable,
be stationed in such a way so as to minimize the response time
to maritime terrorist threats and potential or actual transportation
security incidents.
‘‘(d) COORDINATION WITH OTHER AGENCIES.—To the maximum
extent feasible, the combined force of the specialized forces established under subsection (a) shall coordinate their activities with
other Federal, State, and local law enforcement and emergency
response agencies.’’.
(b) CLERICAL AMENDMENT.—The table of contents for chapter
701 of title 46, United States Code, is amended by striking the
item relating to section 70106 and inserting the following:

46 USC 70101.

‘‘70106. Deployable, specialized forces.’’.

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

(a) DEFINITIONS.—For purposes of this section:
(1) CANINE DETECTION TEAM.—The term ‘‘detection canine
team’’ means a canine and a canine handler that are trained
to detect narcotics or explosives, or other threats as defined
by the Secretary.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Homeland Security.
(b) DETECTION CANINE TEAMS.—
(1) INCREASED CAPACITY.—Not later than 1 year after the
date of enactment of this Act, and subject to the availability
of appropriations, the Secretary shall—

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note.

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(A) begin to increase the number of detection canine
teams certified by the Coast Guard for the purposes of
maritime-related security by no fewer than 10 canine teams
annually through fiscal year 2012; and
(B) encourage owners and operators of port facilities,
passenger cruise liners, oceangoing cargo vessels, and other
vessels identified by the Secretary to strengthen security
through the use of highly trained detection canine teams.
(2) CANINE PROCUREMENT.—The Secretary, acting through
the Commandant of the Coast Guard, shall procure detection
canine teams as efficiently as possible, including, to the greatest
extent possible, through increased domestic breeding, while
meeting the performance needs and criteria established by the
Commandant.
(c) DEPLOYMENT.—The Secretary shall prioritize deployment
of the additional canine teams to ports based on risk, consistent
with the Security and Accountability For Every Port Act of 2006
(Public Law 109–347).

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SEC. 806. COAST GUARD PORT ASSISTANCE PROGRAM.

(a) FOREIGN PORT ASSESSMENT.—Chapter 701 of title 46, United
States Code, is amended—
(1) by adding at the end of section 70108 the following:
‘‘(e) LIMITATION ON STATUTORY CONSTRUCTION.—The absence
of an inspection of a foreign port shall not bar the Secretary from
making a finding that a port in a foreign country does not maintain
effective antiterrorism measures.’’;
(2) by striking ‘‘If the Secretary, after conducting an assessment under section 70108, finds that a port in a foreign country
does not maintain effective antiterrorism measures,’’ in section
70109(a) and inserting ‘‘Unless the Secretary finds that a port
in a foreign country maintains effective antiterrorism measures,’’; and
(3) by striking ‘‘If the Secretary finds that a foreign port
does not maintain effective antiterrorism measures,’’ in section
70110(a) and inserting ‘‘Unless the Secretary finds that a foreign port maintains effective antiterrorism measures,’’.
(b) ASSISTANCE PROGRAM.—Section 70110 of title 46, United
States Code, is amended by adding at the end the following:
‘‘(f) COAST GUARD ASSISTANCE PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary may lend, lease, donate,
or otherwise provide equipment, and provide technical training
and support, to the owner or operator of a foreign port or
facility—
‘‘(A) to assist in bringing the port or facility into compliance with applicable International Ship and Port Facility
Code standards; and
‘‘(B) to assist the port or facility in correcting deficiencies identified in periodic port assessments and
reassessments required under section 70108 of this title.
‘‘(2) CONDITIONS.—The Secretary—
‘‘(A) may provide such assistance based upon an assessment of the risks to the security of the United States
and the inability of the owner or operator of the port
or facility to bring the port or facility into compliance
with those standards and to maintain compliance with,
or exceed, such standards;

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124 STAT. 2993

‘‘(B) may not provide such assistance unless the port
or facility has been subjected to a comprehensive port security assessment by the Coast Guard; and
‘‘(C) may only lend, lease, or otherwise provide equipment that the Secretary has first determined is not
required by the Coast Guard for the performance of its
missions.’’.
(c) SAFETY AND SECURITY ASSISTANCE FOR FOREIGN PORTS.—
(1) IN GENERAL.—Section 70110(e)(1) of title 46, United
States Code, is amended by striking the second sentence and
inserting the following: ‘‘The Secretary shall establish a strategic plan to utilize those assistance programs to assist ports
and facilities that are found by the Secretary under subsection
(a) not to maintain effective antiterrorism measures in the
implementation of port security antiterrorism measures.’’.
(2) CONFORMING AMENDMENTS.—
(A) Section 70110 of title 46, United States Code, is
amended—
(i) by inserting ‘‘OR FACILITIES’’ after ‘‘PORTS’’ in
the section heading;
(ii) by inserting ‘‘or facility’’ after ‘‘port’’ each place
it appears; and
(iii) by striking ‘‘PORTS’’ in the heading for subsection (e) and inserting ‘‘PORTS, FACILITIES,’’.
(B) Section 70108(c) of such title is amended—
(i) by striking paragraph (2); and
(ii) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively.
(C) The table of contents for chapter 701 of title 46,
United States Code, is amended by striking the item
relating to section 70110 and inserting the following:

46 USC 70101.

‘‘70110. Actions and assistance for foreign ports or facilities and United States territories.’’.
SEC. 807. MARITIME BIOMETRIC IDENTIFICATION.

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(a) IN GENERAL.—Chapter 701 of title 46, United States Code,
is further amended by adding at the end the following:
‘‘§ 70123. Mobile biometric identification
‘‘(a) IN GENERAL.—Within one year after the date of the enactment of the Coast Guard Authorization Act of 2010, the Secretary
shall conduct, in the maritime environment, a program for the
mobile biometric identification of suspected individuals, including
terrorists, to enhance border security and for other purposes.
‘‘(b) REQUIREMENTS.—The Secretary shall ensure the program
required in this section is coordinated with other biometric identification programs within the Department of Homeland Security.
‘‘(c) DEFINITION.—For the purposes of this section, the term
‘biometric identification’ means use of fingerprint and digital photography images and facial and iris scan technology and any other
technology considered applicable by the Department of Homeland
Security.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following:

Deadline.

46 USC 70101.

‘‘70123. Mobile biometric identification.’’.

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Deadline.

(c) COST ANALYSIS.—Within 90 days after the date of the enactment of this Act, the Secretary of the department in which the
Coast Guard is operating shall submit to the Committees on Homeland Security and Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate an analysis of the cost of expanding
the Coast Guard’s biometric identification capabilities for use by
the Coast Guard’s Deployable Operations Group, cutters, stations,
and other deployable maritime teams considered appropriate by
the Secretary, and any other appropriate Department of Homeland
Security maritime vessels and units. The analysis may include
a tiered plan for the deployment of this program that gives priority
to vessels and units more likely to encounter individuals suspected
of making illegal border crossings through the maritime environment.
(d) STUDY ON EMERGING BIOMETRIC CAPABILITIES.—
(1) STUDY REQUIRED.—The Secretary of Homeland Security
shall submit to the Committees on Homeland Security and
Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a study on the use by the Coast Guard
and other departmental entities of the combination of biometric
technologies to rapidly identify individuals for security purposes. Such study shall focus on—
(A) increased accuracy of facial recognition;
(B) enhancement of existing iris recognition technology;
and
(C) other emerging biometric technologies capable of
assisting in confirming the identification of individuals.
(2) PURPOSE OF STUDY.—The purpose of the study required
by paragraph (1) is to facilitate the use of a combination biometrics, including facial and iris recognition, to provide a higher
probability of success in identification than a single approach
and to achieve transformational advances in the flexibility,
authenticity, and overall capability of integrated biometric
detectors. The operational goal of the study should be to provide
the capability to nonintrusively collect biometrics in an accurate
and expeditious manner to assist the Coast Guard and the
Department of Homeland Security in fulfilling its mission to
protect and support national security.

46 USC 70105
note.

SEC. 808. PILOT PROGRAM FOR FINGERPRINTING OF MARITIME
WORKERS.

Deadline.
Procedures.

(a) IN GENERAL.—Within 180 days after the date of enactment
of this Act, the Secretary of Homeland Security shall establish
procedures providing for an individual who is required to be
fingerprinted for purposes of obtaining a transportation security
card under section 70105 of title 46, United States Code, the ability
to be fingerprinted at any of not less than 20 facilities operated
by or under contract with an agency of the Department of Homeland
Security that fingerprints the public for the Department. These
facilities shall be in addition to facilities established under section
70105 of title 46, United States Code.
(b) EXPIRATION.—The requirement made by subsection (a)
expires 1 year after the date the Secretary establishes the facilities
required under that subsection.

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124 STAT. 2995

SEC. 809. TRANSPORTATION SECURITY CARDS ON VESSELS.

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

Section 70112 of title 46, United States Code, is amended—
(1) by amending subsection (b)(5) to read as follows:
‘‘(5)(A) The National Maritime Security Advisory Committee
shall be composed of—
‘‘(i) at least 1 individual who represents the interests of
the port authorities;
‘‘(ii) at least 1 individual who represents the interests of
the facilities owners or operators;
‘‘(iii) at least 1 individual who represents the interests
of the terminal owners or operators;
‘‘(iv) at least 1 individual who represents the interests
of the vessel owners or operators;
‘‘(v) at least 1 individual who represents the interests of
the maritime labor organizations;
‘‘(vi) at least 1 individual who represents the interests
of the academic community;
‘‘(vii) at least 1 individual who represents the interests
of State or local governments; and
‘‘(viii) at least 1 individual who represents the interests
of the maritime industry.
‘‘(B) Each Area Maritime Security Advisory Committee shall
be composed of individuals who represents the interests of the
port industry, terminal operators, port labor organizations, and
other users of the port areas.’’; and
(2) in subsection (g)—
(A) in paragraph (1)(A), by striking ‘‘2008;’’ and
inserting ‘‘2020;’’; and
(B) in paragraph (2), by striking ‘‘2006’’ and inserting
‘‘2018’’.
SEC. 811. SEAMEN’S SHORESIDE ACCESS.

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

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SEC. 812. WATERSIDE SECURITY OF ESPECIALLY HAZARDOUS CARGO.

(a) NATIONAL STUDY.—
(1) IN GENERAL.—The Secretary of the department in which
the Coast Guard is operating shall—
(A) initiate a national study to identify measures to
improve the security of maritime transportation of especially hazardous cargo; and

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note.

46 USC 70101
note.

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PUBLIC LAW 111–281—OCT. 15, 2010
(B) coordinate with other Federal agencies, the
National Maritime Security Advisory Committee, and
appropriate State and local government officials through
the Area Maritime Security Committees and other existing
coordinating committees, to evaluate the waterside security
of vessels carrying, and waterfront facilities handling, especially hazardous cargo.
(2) MATTERS TO BE INCLUDED.—The study conducted under
this subsection shall include—
(A) an analysis of existing risk assessment information
relating to waterside security generated by the Coast Guard
and Area Maritime Security Committees as part of the
Maritime Security Risk Analysis Model;
(B) a review and analysis of appropriate roles and
responsibilities of maritime stakeholders, including Federal, State, and local law enforcement and industry security
personnel, responsible for waterside security of vessels carrying, and waterfront facilities handling, especially hazardous cargo, including—
(i) the number of ports in which State and local
law enforcement entities are providing any services
to enforce Coast Guard-imposed security zones around
vessels transiting to, through, or from United States
ports or to conduct security patrols in United States
ports;
(ii) the number of formal agreements entered into
between the Coast Guard and State and local law
enforcement entities to engage State and local law
enforcement entities in the enforcement of Coast
Guard-imposed security zones around vessels
transiting to, through, or from United States ports
or the conduct of port security patrols in United States
ports, the duration of those agreements, and the aid
that State and local entities are engaged to provide
through such agreements;
(iii) the extent to which the Coast Guard has set
national standards for training, equipment, and
resources to ensure that State and local law enforcement entities engaged in enforcing Coast Guardimposed security zones around vessels transiting to,
through, or from United States ports or in conducting
port security patrols in United States ports (or both)
can deter to the maximum extent practicable a
transportation security incident;
(iv) the extent to which the Coast Guard has
assessed the ability of State and local law enforcement
entities to carry out the security assignments that
they have been engaged to perform, including their
ability to meet any national standards for training,
equipment, and resources that have been established
by the Coast Guard in order to ensure that those
entities can deter to the maximum extent practicable
a transportation security incident;
(v) the extent to which State and local law enforcement entities are able to meet national standards for
training, equipment, and resources established by the
Coast Guard to ensure that those entities can deter

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124 STAT. 2997

to the maximum extent practicable a transportation
security incident;
(vi) the differences in law enforcement authority,
and particularly boarding authority, between the Coast
Guard and State and local law enforcement entities,
and the impact that these differences have on the
ability of State and local law enforcement entities to
provide the same level of security that the Coast Guard
provides during the enforcement of Coast Guardimposed security zones and the conduct of security
patrols in United States ports; and
(vii) the extent of resource, training, and equipment differences between State and local law enforcement entities and the Coast Guard units engaged in
enforcing Coast Guard-imposed security zones around
vessels transiting to, through, or from United States
ports or conducting security patrols in United States
ports;
(C) recommendations for risk-based security measures
to improve waterside security of vessels carrying, and
waterfront facilities handling, especially hazardous cargo;
and
(D) identification of security funding alternatives,
including an analysis of the potential for cost-sharing by
the public and private sectors as well as any challenges
associated with such cost-sharing.
(3) INFORMATION PROTECTION.—In carrying out the
coordination necessary to effectively complete the study, the
Commandant shall implement measures to ensure the protection of any sensitive security information, proprietary information, or classified information collected, reviewed, or shared
during collaborative engagement with maritime stakeholders
and other Government entities, except that nothing in this
paragraph shall constitute authority to withhold information
from—
(A) the Congress; or
(B) first responders requiring such information for the
protection of life or property.
(4) REPORT.—Not later than 12 months after the date of
enactment of this Act, the Secretary of the Department in
which the Coast Guard is operating shall submit to the Committees on Homeland Security and Transportation and Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
on the results of the study under this subsection.
(b) NATIONAL STRATEGY.—Not later than 6 months after
submission of the report required by subsection (a), the Secretary
of the department in which the Coast Guard is operating shall
develop, in conjunction with appropriate Federal agencies, a
national strategy for the waterside security of vessels carrying,
and waterfront facilities handling, especially hazardous cargo. The
strategy shall utilize the results of the study required by subsection
(a).
(c) SECURITY OF ESPECIALLY HAZARDOUS CARGO.—Section
70103 of title 46, United States Code, is amended by adding at
the end the following:
‘‘(e) ESPECIALLY HAZARDOUS CARGO.—

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124 STAT. 2998

PUBLIC LAW 111–281—OCT. 15, 2010

‘‘(1) ENFORCEMENT OF SECURITY ZONES.—Consistent with
other provisions of Federal law, the Coast Guard shall coordinate and be responsible for the enforcement of any Federal
security zone established by the Coast Guard around a vessel
containing especially hazardous cargo. The Coast Guard shall
allocate available resources so as to deter and respond to a
transportation security incident, to the maximum extent practicable, and to protect lives or protect property in danger.
‘‘(2) RESOURCE DEFICIENCY REPORTING.—
‘‘(A) IN GENERAL.—When the Secretary submits the
annual budget request for a fiscal year for the department
in which the Coast Guard is operating to the Office of
Management and Budget, the Secretary shall provide to
the Committees on Homeland Security and Transportation
and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation
of the Senate a report that includes—
‘‘(i) for the last full fiscal year preceding the report,
a statement of the number of security zones established
for especially hazardous cargo shipments;
‘‘(ii) for the last full fiscal year preceding the
report, a statement of the number of especially hazardous cargo shipments provided a waterborne security
escort, subdivided by Federal, State, local, or private
security; and
‘‘(iii) an assessment as to any additional vessels,
personnel, infrastructure, and other resources necessary to provide waterborne escorts to those especially
hazardous cargo shipments for which a security zone
is established.
‘‘(B) ESPECIALLY HAZARDOUS CARGO DEFINED.—In this
subsection, the term ‘especially hazardous cargo’ means
anhydrous ammonia, ammonium nitrate, chlorine, liquefied
natural gas, liquiefied petroleum gas, and any other substance, material, or group or class of material, in a particular amount and form that the Secretary determines
by regulation poses a significant risk of creating a transportation security incident while being transported in maritime commerce.’’.
(d) DEFINITIONS.—For the purposes of this section, the follow
definitions apply:
(1) ESPECIALLY HAZARDOUS CARGO.—The term ‘‘especially
hazardous cargo’’ means anhydrous ammonia, ammonium
nitrate, chlorine, liquefied natural gas, liquiefied petroleum
gas, and any other substance, material, or group or class of
material, in a particular amount and form that the Secretary
determines by regulation poses a significant risk of creating
a transportation security incident while being transported in
maritime commerce.
(2) AREA MARITIME SECURITY COMMITTEE.—The term ‘‘Area
Maritime Security Committee’’ means each of those committees
responsible for producing Area Maritime Transportation Security Plans under chapter 701 of title 46, United States Code.
(3) TRANSPORTATION SECURITY INCIDENT.—The term
‘‘transportation security incident’’ has the same meaning as
that term has in section 70101 of title 46, United States Code.

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PUBLIC LAW 111–281—OCT. 15, 2010

124 STAT. 2999

SEC. 813. REVIEW OF LIQUEFIED NATURAL GAS FACILITIES.

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

Section 70105 of title 46, United States Code, is amended
by adding at the end the following new subsection:
‘‘(n) The Secretary may use a secondary authentication system
to verify the identification of individuals using transportation security cards when the individual’s fingerprints are not able to be
taken or read.’’.
SEC.

815.

ASSESSMENT OF TRANSPORTATION
ENROLLMENT SITES.

SECURITY

CARD

46 USC 70105
note.

(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of the department in
which the Coast Guard is operating shall prepare an assessment
of the enrollment sites for transportation security cards issued
under section 70105 of title 46, United States Code, including—
(1) the feasibility of keeping those enrollment sites open
after the date of enactment of this Act; and
(2) the quality of customer service, including the periods
of time individuals are kept on hold on the telephone, whether
appointments are kept, and processing times for applications.
(b) TIMELINES AND BENCHMARKS.—The Secretary shall develop
timelines and benchmarks for implementing the findings of the
assessment as the Secretary deems necessary.

Deadline.

SEC. 816. ASSESSMENT OF THE FEASIBILITY OF EFFORTS TO MITIGATE
THE THREAT OF SMALL BOAT ATTACK IN MAJOR PORTS.

Reports.

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

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SEC. 817. REPORT AND RECOMMENDATION FOR UNIFORM SECURITY
BACKGROUND CHECKS.

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

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PUBLIC LAW 111–281—OCT. 15, 2010
(3) recommendations on limiting the number of background
checks and forms of identification required under such programs to reduce or eliminate duplication with Federal programs.

SEC. 818. TRANSPORTATION SECURITY CARDS: ACCESS PENDING
ISSUANCE; DEADLINES FOR PROCESSING; RECEIPT.

Review.

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46 USC 70105
note.

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(a) ACCESS; DEADLINES.—Section 70105 of title 46, United
States Code, is further amended by adding at the end the following
new subsections:
‘‘(o) ESCORTING.—The Secretary shall coordinate with owners
and operators subject to this section to allow any individual who
has a pending application for a transportation security card under
this section or is waiting for reissuance of such card, including
any individual whose card has been lost or stolen, and who needs
to perform work in a secure or restricted area to have access
to such area for that purpose through escorting of such individual
in accordance with subsection (a)(1)(B) by another individual who
holds a transportation security card. Nothing in this subsection
shall be construed as requiring or compelling an owner or operator
to provide escorted access.
‘‘(p) PROCESSING TIME.—The Secretary shall review an initial
transportation security card application and respond to the
applicant, as appropriate, including the mailing of an Initial Determination of Threat Assessment letter, within 30 days after receipt
of the initial application. The Secretary shall, to the greatest extent
practicable, review appeal and waiver requests submitted by a
transportation security card applicant, and send a written decision
or request for additional information required for the appeal or
waiver determination, within 30 days after receipt of the applicant’s
appeal or waiver written request. For an applicant that is required
to submit additional information for an appeal or waiver determination, the Secretary shall send a written decision, to the greatest
extent practicable, within 30 days after receipt of all requested
information.’’.
(b) RECEIPT OF CARDS.—
(1) REPORT BY COMPTROLLER GENERAL.—Within 180 days
after the date of enactment of this Act, the Comptroller General
of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate
a report assessing the costs, technical feasibility, and security
measures associated with implementing procedures to deliver
a transportation security card to an approved applicant’s place
of residence in a secure manner or to allow an approved
applicant to receive the card at an enrollment center of the
individual’s choosing.
(2) PROCESS FOR ALTERNATIVE MEANS OF RECEIPT.—If the
Comptroller General finds in the final report under paragraph
(1) that it is feasible for a transportation security card to
be sent to an approved applicant’s place of residence in a
secure manner, the Secretary shall, within 1 year after the
date of issuance of the final report by the Comptroller General,
implement a secure process to permit an individual approved
for a transportation security card to receive the card at the
applicant’s place of residence or at the enrollment center of
the individual’s choosing. The individual shall be responsible

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

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

(a) IN GENERAL.—Chapter 701 of title 46, United States Code,
is further amended by adding at the end the following:
‘‘SEC. 70124. REGULATIONS.

‘‘Unless otherwise provided, the Secretary may issue regulations necessary to implement this chapter.’’.
(b) CLERICAL AMENDMENT.—The table of contents for chapter
701 of such title is further amended by adding at the end the
following new item:

46 USC 70101.

‘‘70124. Regulations.’’.
SEC. 821. PORT SECURITY TRAINING AND CERTIFICATION.

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(a) PORT SECURITY TRAINING PROGRAM.—Chapter 701 of title
46, United States Code, is further amended by adding at the end
the following:
‘‘§ 70125. Port security training for facility security officers
‘‘(a) FACILITY SECURITY OFFICERS.—The Secretary shall establish comprehensive facility security officer training requirements
designed to provide full security training that would lead to certification of such officers. In establishing the requirements, the Secretary shall—
‘‘(1) work with affected industry stakeholders; and
‘‘(2) evaluate—
‘‘(A) the requirements of subsection (b);
‘‘(B) existing security training programs employed at
marine terminal facilities; and
‘‘(C) existing port security training programs developed
by the Federal Government.
‘‘(b) REQUIREMENTS.—The training program shall provide validated training that—
‘‘(1) provides training at the awareness, performance,
management, and planning levels;
‘‘(2) utilizes multiple training mediums and methods;
‘‘(3) establishes a validated provisional on-line certification
methodology;
‘‘(4) provide for continuing education and training for
facility security officers beyond certification requirements,
including a program to educate on the dangers and issues
associated with the shipment of hazardous and especially hazardous cargo;
‘‘(5) addresses port security topics, including—
‘‘(A) facility security plans and procedures, including
how to develop security plans and security procedure
requirements when threat levels are elevated;

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PUBLIC LAW 111–281—OCT. 15, 2010

‘‘(B) facility security force operations and management;
‘‘(C) physical security and access control at facilities;
‘‘(D) methods of security for preventing and countering
cargo theft;
‘‘(E) container security;
‘‘(F) recognition and detection of weapons, dangerous
substances, and devices;
‘‘(G) operation and maintenance of security equipment
and systems;
‘‘(H) security threats and patterns;
‘‘(I) security incident procedures, including procedures
for communicating with governmental and nongovernmental emergency response providers; and
‘‘(J) evacuation procedures;
‘‘(6) is consistent with, and supports implementation of,
the National Incident Management System, the National
Response Plan, the National Infrastructure Protection Plan,
the National Preparedness Guidance, the National Preparedness Goal, the National Maritime Transportation Security Plan,
and other such national initiatives;
‘‘(7) is evaluated against clear and consistent performance
measures;
‘‘(8) addresses security requirements under facility security
plans;
‘‘(9) addresses requirements under the International Code
for the Security of Ships and Port Facilities to address shore
leave for mariners and access to visitors, representatives of
seafarers’ welfare organizations, and labor organizations; and
‘‘(10) such other subject matters as may be prescribed by
the Secretary.
‘‘(c) CONTINUING SECURITY TRAINING.—The Secretary, in
coordination with the Secretary of Transportation, shall work with
State and local law enforcement agencies and industry stakeholders
to develop and certify the following additional security training
requirements for Federal, State, and local officials with security
responsibilities at United States seaports:
‘‘(1) A program to familiarize them with port and shipping
operations, requirements of the Maritime Transportation Security Act of 2002 (Public Law 107–295), and other port and
cargo security programs that educates and trains them with
respect to their roles and responsibilities.
‘‘(2) A program to familiarize them with dangers and potential issues with respect to shipments of hazardous and especially hazardous cargoes.
‘‘(3) A program of continuing education as deemed necessary by the Secretary.
‘‘(d) TRAINING PARTNERS.—In developing curriculum and delivering training established pursuant to subsections (a) and (c), the
Secretary, in coordination with the Maritime Administrator of the
Department of Transportation and consistent with section 109 of
the Maritime Transportation Security Act of 2002 [46 U.S.C. 70101
note], shall work with institutions with maritime expertise and
with industry stakeholders with security expertise to develop appropriate training capacity to ensure that training can be provided
in a geographically balanced manner to personnel seeking certification under subsection (a) or education and training under subsection (c).

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‘‘(e) ESTABLISHED GRANT PROGRAM.—The Secretary shall issue
regulations or grant solicitations for grants for homeland security
or port security to ensure that activities surrounding the development of curriculum and the provision of training and these activities
are eligible grant activities under both grant programs.’’.
(b) CONFORMING AMENDMENT.—Section 113 of the SAFE Port
Act (6 U.S.C. 911) is repealed.
(c) TABLE OF CONTENTS AMENDMENT.—The table of contents
for chapter 701 of title 46, United States Code, is further amended
by adding at the end the following:

Regulations.

Repeal.

46 USC 70101.

‘‘70125. Port security training for facility security officers.’’.
SEC. 822. INTEGRATION OF SECURITY PLANS AND SYSTEMS WITH
LOCAL PORT AUTHORITIES, STATE HARBOR DIVISIONS,
AND LAW ENFORCEMENT AGENCIES.

Section 70102 of title 46, United States Code, is amended
by adding at the end thereof the following:
‘‘(c) SHARING OF ASSESSMENT INTEGRATION OF PLANS AND
EQUIPMENT.—The owner or operator of a facility, consistent with
any Federal security restrictions, shall—
‘‘(1) make a current copy of the vulnerability assessment
conducted under subsection (b) available to the port authority
with jurisdiction of the facility and appropriate State or local
law enforcement agencies; and
‘‘(2) integrate, to the maximum extent practical, any security system for the facility with compatible systems operated
or maintained by the appropriate State, law enforcement agencies, and the Coast Guard.’’.

Records.

SEC. 823. TRANSPORTATION SECURITY CARDS.

Section 70105 of title 46, United States Code, is further
amended by adding at the end thereof the following:
‘‘(q) RECEIPT AND ACTIVATION OF TRANSPORTATION SECURITY
CARD.—
‘‘(1) IN GENERAL.—Not later than one year after the date
of publication of final regulations required by subsection (k)(3)
of this section the Secretary shall develop a plan to permit
the receipt and activation of transportation security cards at
any vessel or facility described in subsection (a) of this section
that desires to implement this capability. This plan shall
comply, to the extent possible, with all appropriate requirements of Federal standards for personal identity verification
and credential.
‘‘(2) LIMITATION.—The Secretary may not require any such
vessel or facility to provide on-site activation capability.’’.

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SEC.

824.

Deadline.
Plan.

PRE-POSITIONING INTEROPERABLE COMMUNICATIONS
EQUIPMENT AT INTERAGENCY OPERATIONAL CENTERS.

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

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PUBLIC LAW 111–281—OCT. 15, 2010

‘‘(e) DEPLOYMENT OF INTEROPERABLE COMMUNICATIONS EQUIPMENT AT INTERAGENCY OPERATIONAL CENTERS.—The Secretary, subject to the availability of appropriations, shall ensure that interoperable communications technology is deployed at all interagency operational centers established under subsection (a) and that such technology and equipment has been tested in live operational environments before deployment.’’.
6 USC 945 note.

SEC.

825.

INTERNATIONAL
COORDINATION.

PORT

AND

FACILITY

INSPECTION

(a) COORDINATION.—The Secretary of the department in which
the Coast Guard is operating shall, to the extent practicable, conduct the assessments required by the following provisions of law
concurrently, or develop a process by which they are integrated
and conducted by the Coast Guard:
(1) Section 205 of the SAFE Port Act (6 U.S.C. 945).
(2) Section 213 of that Act (6 U.S.C. 964).
(3) Section 70108 of title 46, United States Code.
(b) LIMITATION.—Nothing in subsection (a) shall be construed
to affect or diminish the Secretary’s authority or discretion—
(1) to conduct an assessment of a foreign port at any
time;
(2) to compel the Secretary to conduct an assessment of
a foreign port so as to ensure that 2 or more assessments
are conducted concurrently; or
(3) to cancel an assessment of a foreign port if the Secretary
is unable to conduct 2 or more assessments concurrently.
(c) MULTIPLE ASSESSMENT REPORT.—The Secretary shall provide written notice to the Committee on Commerce, Science, and
Transportation of the Senate and the Committees on Transportation
and Infrastructure and Homeland Security of the House of Representatives whenever the Secretary conducts 2 or more assessments of the same port within a 3-year period.

Notification.

SEC. 826. AREA TRANSPORTATION SECURITY INCIDENT MITIGATION
PLAN.

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

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Deadlines.

SEC. 827. RISK BASED RESOURCE ALLOCATION.

46 USC 70101
note.

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

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

(a) IN GENERAL.—Section 701 of title 46, United States Code,
is amended by adding at the end the following:
‘‘SUBCHAPTER II—PORT SECURITY ZONES

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‘‘§ 70131. Definitions
‘‘In this subchapter:
‘‘(1) LAW ENFORCEMENT AGENCY.—The term ‘law enforcement agency’ means an agency of a State, a political subdivision
of a State, or a Federally recognized tribe that is authorized
by law to supervise the prevention, detection, investigation,
or prosecution of any violation of criminal law.
‘‘(2) SECURITY ZONE.—The term ‘security zone’ means a
security zone, established by the Commandant of the Coast
Guard or the Commandant’s designee pursuant to section 1
of title II of the Act of June 15, 1917 (50 U.S.C. 191) or
section 7(b) of the Ports and Waterways Safety Act (33 U.S.C.
1226(b)), for a vessel carrying especially hazardous cargo when
such vessel—
‘‘(A) enters, or operates within, the internal waters
of the United States and the territorial sea of the United
States; or
‘‘(B) transfers such cargo or residue in any port or
place, under the jurisdiction of the United States, within
the territorial sea of the United States or the internal
waters of the United States.
‘‘§ 70132. Credentialing standards, training, and certification
for State and local support for the enforcement
of security zones for the transportation of especially hazardous cargo
‘‘(a) STANDARD.—The Commandant of the Coast Guard shall
establish, by regulation, national standards for training and
credentialing of law enforcement personnel—
‘‘(1) to enforce a security zone; or
‘‘(2) to assist in the enforcement of a security zone.
‘‘(b) TRAINING.—
‘‘(1) The Commandant of the Coast Guard—

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Publication.

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PUBLIC LAW 111–281—OCT. 15, 2010

‘‘(A) shall develop and publish a training curriculum
for—
‘‘(i) law enforcement personnel to enforce a security
zone;
‘‘(ii) law enforcement personnel to enforce or assist
in the enforcement of a security zone; and
‘‘(iii) personnel who are employed or retained by
a facility or vessel owner to assist in the enforcement
of a security zone; and
‘‘(B) may—
‘‘(i) test and deliver such training, the curriculum
for which is developed pursuant to subparagraph (A);
‘‘(ii) enter into an agreement under which a public
entity (including a Federal agency) or private entity
may test and deliver such training, the curriculum
for which has been developed pursuant to subparagraph (A); and
‘‘(iii) may accept a program, conducted by a public
entity (including a Federal agency) or private entity,
through which such training is delivered the curriculum for which is developed pursuant to subparagraph (A).
‘‘(2) Any Federal agency that provides such training, and
any public or private entity that receives moneys, pursuant
to section 70107(b)(8) of this title, to provide such training,
shall provide such training—
‘‘(A) to law enforcement personnel who enforce or assist
in the enforcement of a security zone; and
‘‘(B) on an availability basis to—
‘‘(i) law enforcement personnel who assist in the
enforcement of a security zone; and
‘‘(ii) personnel who are employed or retained by
a facility or vessel owner or operator to assist in the
enforcement of a security zone.
‘‘(3) If a Federal agency provides the training, the head
of such agency may, notwithstanding any other provision of
law, accept payment from any source for such training, and
any amount received as payment shall be credited to the appropriation, current at the time of collection, charged with the
cost thereof and shall be merged with, and available for, the
same purposes of such appropriation.
‘‘(4) Notwithstanding any other provision of law, any
moneys, awarded by the Department of Homeland Security
in the form of awards or grants, may be used by the recipient
to pay for training of personnel to assist in the enforcement
of security zones and limited access areas.
‘‘(c) CERTIFICATION; TRAINING PARTNERS.—In developing and
delivering training under the training program, the Secretary, in
coordination with the Maritime Administrator of the Department
of Transportation, and consistent with section 109 of the Maritime
Transportation Security Act of 2002 (46 U.S.C. 70101 note), shall—
‘‘(1) work with government training facilities, academic
institutions, private organizations, employee organizations, and
other entities that provide specialized, state-of-the-art training
for governmental and nongovernmental emergency responder
providers or commercial seaport personnel and management;

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124 STAT. 3007

‘‘(2) utilize, as appropriate, government training facilities,
courses provided by community colleges, public safety academies, State and private universities, and other facilities; and
‘‘(3) certify organizations that offer the curriculum for
training and certification.’’.
(b) GRANTS; ADMINISTRATION.—Section 70107 of title 46, United
States Code, is amended—
(1) by striking ‘‘services.’’ in subsection (a) and inserting
‘‘services and to train law enforcement personnel under section
70132 of this title.’’;
(2) by adding at the end of subsection (b) the following:
‘‘(8) The cost of training law enforcement personnel—
‘‘(A) to enforce a security zone under section 70132
of this title; or
‘‘(B) assist in the enforcement of a security zone.’’;
(3) by adding at the end of subsection (c)(2) the following:
‘‘(C) TRAINING.—There are no matching requirements
for grants under subsection (a) to train law enforcement
agency personnel in the enforcement of security zones
under section 70132 of this title or in assisting in the
enforcement of such security zones.’’; and
(4) by striking ‘‘2011’’ in subsection (l) and inserting ‘‘2013’’.
(c) CONFORMING AMENDMENTS.—
(1) SUBCHAPTER I DESIGNATION.—Chapter 701 of title 46,
United States Code, is amended by inserting before section
70101 the following:

46 USC 70101.

‘‘SUBCHAPTER I—GENERAL’’.
(2) TABLE OF CONTENTS AMENDMENTS.—The table of contents for chapter 701 of title 46, United States Code, is
amended—
(3) by inserting before the item relating to section 70101
the following:
‘‘Subchapter I—General’’;
and
(4) by adding at the end the following:
‘‘SUBCHAPTER II—PORT SECURITY ZONES
‘‘70131. Definitions.
‘‘70132. Credentialing standards, training, and certification for State and local support for the enforcement of security zones for the transportation of especially hazardous cargo.’’.

TITLE IX—MISCELLANEOUS
PROVISIONS

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SEC. 901. WAIVERS.

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

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124 STAT. 3008

Federal Register,
publication.
Notice.

Notice.
Public comments.
46 USC 12102
note.

PUBLIC LAW 111–281—OCT. 15, 2010

(2) GULF DIVER IV (United States official number
553457).
(b) GALLANT LADY.—Section 1120(c) of the Coast Guard
Authorization Act of 1996 (110 Stat. 3977) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘of Transportation’’ and inserting ‘‘of
the department in which the Coast Guard is operating’’;
and
(B) by striking subparagraph (A) and inserting the
following:
‘‘(A) the vessel GALLANT LADY (Feadship hull
number 672, approximately 168 feet in length).’’;
(2) by amending paragraph (3) to read as follows:
‘‘(3) CONDITION.—The only nonrecreational activity authorized for the vessel referred to in subparagraph (A) of paragraph
(1) is the transportation of individuals on behalf of an organization described in section 501(c)(3) of the Internal Revenue Code
of 1986 and exempt from tax under section 501(a) of such
Code, for which the owner of the vessel receives no compensation.’’;
(3) by striking paragraph (4) and redesignating paragraph
(5) as paragraph (4); and
(4) in paragraph (4) (as so redesignated) by striking all
after ‘‘shall expire’’ and inserting ‘‘on the date of the sale
of the vessel by the owner.’’.
(c) ACTIVITY OF CERTAIN VESSELS.—
(1) IN GENERAL.—Section 12102 of title 46, United States
Code, is amended by adding at the end the following:
‘‘(d) AQUACULTURE WAIVER.—
‘‘(1) PERMITTING OF NONQUALIFIED VESSELS TO PERFORM
CERTAIN AQUACULTURE SUPPORT OPERATIONS.—Notwithstanding
section 12113 and any other law, the Secretary of Transportation may issue a waiver allowing a documented vessel with
a registry endorsement or a foreign flag vessel to be used
in operations that treat aquaculture fish for or protect aquaculture fish from disease, parasitic infestation, or other threats
to their health if the Secretary finds, after publishing a notice
in the Federal Register, that a suitable vessel of the United
States is not available that could perform those services.
‘‘(2) PROHIBITION.—Vessels operating under a waiver issued
under this subsection may not engage in any coastwise
transportation.’’.
(2) IMPLEMENTING AND INTERIM REGULATIONS.—The Secretary of the department in which the Coast Guard is operating
shall, in accordance with section 553 of title 5, United States
Code, and after public notice and comment, promulgate regulations necessary and appropriate to implement this subsection.
The Secretary may grant interim permits pending the issuance
of such regulations upon receipt of applications containing the
required information.

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SEC. 902. CREW WAGES ON PASSENGER VESSELS.

(a) FOREIGN AND INTERCOASTAL VOYAGES.—
(1) CAP ON PENALTY WAGES.—Section 10313(g) of title 46,
United States Code, is amended—
(A) by striking ‘‘When’’ and inserting ‘‘(1) Subject to
paragraph (2), when’’; and

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124 STAT. 3009

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

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Deadline.

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PUBLIC LAW 111–281—OCT. 15, 2010

(2) DEPOSITS.—Section 10504 of such title is amended by
adding at the end the following:
‘‘(f) DEPOSITS IN SEAMAN ACCOUNT.—On written request signed
by the seaman, a seaman employed on a passenger vessel capable
of carrying more than 500 passengers may authorize, the master,
owner, or operator of the vessel, or the employer of the seaman,
to make deposits of wages of the seaman into a checking, savings,
investment, or retirement account, or other account to secure a
payroll or debit card for the seaman if—
‘‘(1) the wages designated by the seaman for such deposit
are deposited in a United States or international financial
institution designated by the seaman;
‘‘(2) such deposits in the financial institution are fully
guaranteed under commonly accepted international standards
by the government of the country in which the financial institution is licensed;
‘‘(3) a written wage statement or pay stub, including an
accounting of any direct deposit, is delivered to the seaman
no less often than monthly; and
‘‘(4) while on board the vessel on which the seaman is
employed, the seaman is able to arrange for withdrawal of
all funds on deposit in the account in which the wages are
deposited.’’.
SEC. 903. TECHNICAL CORRECTIONS.
Effective date.
16 USC 460kkk
note.
46 USC 8104.
33 USC 2704.
16 USC 777m.
41 USC 11.
41 USC 11.
46 USC 2109.
46 USC 6308.

46 USC 6308.

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16 USC 460kkk.

33 USC 494.

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

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PUBLIC LAW 111–281—OCT. 15, 2010

124 STAT. 3011

(A) by inserting ‘‘the Act of March 23, 1906, commonly
known as’’ before ‘‘the General Bridge’’;
(B) by striking ‘‘491)’’ and inserting ‘‘494),’’; and
(C) by inserting ‘‘each place it appears’’ before ‘‘and
inserting’’.
(b) TITLE 14.—
(1) The analysis for chapter 7 of title 14, United States
Code, is amended by adding a period at the end of the item
relating to section 149.
(2) The analysis for chapter 17 of title 14, United States
Code, is amended by adding a period at the end of the item
relating to section 677.
(3) The analysis for chapter 9 of title 14, United States
Code, is amended by adding a period at the end of the item
relating to section 198.
(4) Section 182 of title 14, United States Code, is amended
by striking the third sentence.
(c) TITLE 46.—
(1) The analysis for chapter 81 of title 46, United States
Code, is amended by adding a period at the end of the item
relating to section 8106.
(2) Section 70105(c)(3)(C) of such title is amended by
striking ‘‘National Intelligence Director’’ and inserting ‘‘Director
of National Intelligence’’.
(d) DEEPWATER PORT ACT OF 1974.—Section 5(c)(2) of the Deepwater Port Act of 1974 (33 U.S.C. 1504(c)(2)) is amended by aligning
the left margin of subparagraph (K) with the left margin of subparagraph (L).
(e) OIL POLLUTION ACT OF 1990.—
(1) Section 1004(a)(2) of the Oil Pollution Act of 1990 (33
U.S.C. 2704(a)(2)) is amended by striking the first comma following ‘‘$800,000’’.
(2) The table of sections in section 2 of such Act is amended
by inserting a period at the end of the item relating to section
7002.
(f) COAST GUARD AUTHORIZATION ACT OF 1996.—The table of
sections in section 2 of the Coast Guard Authorization Act of 1996
is amended in the item relating to section 103 by striking ‘‘reports’’
and inserting ‘‘report’’.

14 USC 141.

14 USC 631.

14 USC 181.

14 USC 8101.

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SEC. 904. MANNING REQUIREMENT.

Section 421 of the Coast Guard and Maritime Transportation
Act of 2006 (Public Law 109–241; 120 Stat. 547) is amended—
(1) in subsection (a), by striking ‘‘in the 48-month period
beginning on the date of enactment of this Act if,’’ and inserting
‘‘until the date of expiration of this section if,’’;
(2) in subsection (b), by striking ‘‘Subsection (a)(1)’’ and
inserting ‘‘Subsection (a)’’;
(3) in subsection (d), by striking ‘‘48 months after the
date of enactment of this Act.’’ and inserting ‘‘on December
31, 2012.’’; and
(4) by redesignating subsection (e) as subsection (f) and
inserting after subsection (d) the following:
‘‘(e) SAFETY INSPECTIONS.—A vessel may not engage a foreign
citizen to meet a manning requirement under this section unless
it has an annual safety examination by an individual authorized
to enforce part B of subtitle II of title 46, United States Code.’’.

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124 STAT. 3012
33 USC 494a.

PUBLIC LAW 111–281—OCT. 15, 2010

SEC. 905. STUDY OF BRIDGES OVER NAVIGABLE WATERS.

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

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

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Determination.

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(a) CONVEYANCE AUTHORIZED.—
(1) IN GENERAL.—The Commandant of the Coast Guard
may convey as surplus property, under section 550 of title
40, United States Code, and other relevant Federal Laws governing the disposal of Federal surplus property, to the City
of Marquette, Michigan (in this section referred to as the
‘‘City’’), all right, title, and interest of the United States in
and to a parcel of real property, together with any improvements thereon, located in Marquette County, Michigan, that
is under the administrative control of the Coast Guard, consisting of approximately 5.5 acres of real property, as depicted
on the Van Neste survey (#204072), dated September 7, 2006,
together with the land between the intermediate traverse line
as shown on such survey and the ordinary high water mark,
the total comprising 9 acres, more or less, and commonly identified as Coast Guard Station Marquette and Lighthouse Point.
(2) COSTS OF CONVEYANCE.—The responsibility for all
reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with
the transaction shall be determined by the Commandant of
the Coast Guard and the City.
(b) RETENTION OF CERTAIN EASEMENTS.—In conveying the property under subsection (a), the Commandant of the Coast Guard
may retain such easements over the property as the Commandant
considers appropriate for access to aids to navigation.
(c) LIMITATIONS.—The property to be conveyed under subsection
(a) may not be conveyed under that subsection until—
(1) the Coast Guard has relocated Coast Guard Station
Marquette to a newly constructed station;
(2) any environmental remediation required under Federal
law with respect to the property has been completed; and
(3) the Commandant of the Coast Guard determines that
retention of the property by the United States is not required
to carry out Coast Guard missions or functions.

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124 STAT. 3013

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

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

Deadline.

Reports.

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SEC. 909. CONVEYANCE OF COAST GUARD PROPERTY IN CHEBOYGAN,
MICHIGAN.

(a) CONVEYANCE AUTHORIZED.—Notwithstanding any other
provision of law, the Commandant of the Coast Guard is authorized
to convey, at fair market value, all right, title, and interest of
the United States in and to a parcel of real property, consisting
of approximately 3 acres, more or less, that is under the administrative control of the Coast Guard and located at 900 S. Western
Avenue in Cheboygan, Michigan.
(b) RIGHT OF FIRST REFUSAL.—The Cornerstone Christian
Academy, located in Cheboygan, MI, shall have the right of first
refusal to purchase, at fair market value, all or a portion of the
real property described in subsection (a).
(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Commandant
of the Coast Guard.
(d) FAIR MARKET VALUE.—The fair market value of the property
shall be—
(1) determined by appraisal, in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and
the Uniform Standards of Professional Appraisal Practice; and
(2) subject to the approval of the Commandant.
(e) COSTS OF CONVEYANCE.—The responsibility for all reasonable and necessary costs, including real estate transaction and
environmental documentation costs, associated with the transaction

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shall be determined by the Commandant of the Coast Guard and
the purchaser.
(f) ADDITIONAL TERMS AND CONDITIONS.—The Commandant of
the Coast Guard may require such additional terms and conditions
in connection with the conveyance under subsection (a) as is considered appropriate to protect the interests of the United States.
SEC. 910. ALTERNATIVE LICENSING PROGRAM FOR OPERATORS OF
UNINSPECTED PASSENGER VESSELS ON LAKE TEXOMA IN
TEXAS AND OKLAHOMA.

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Contracts.

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

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PUBLIC LAW 111–281—OCT. 15, 2010

124 STAT. 3015

(1) The Governor of the State may delegate the execution
and enforcement of the State plan, including the authority
to license and the duty to report information pursuant to subsection (a), to any subordinate State officer. The Governor
shall provide, to the Secretary, written notice of any delegation.
(2) The Governor (or the Governor’s designee) shall provide
written notice of any amendment to the State plan no less
than 45 days prior to the effective date of such amendment.
(3) At the request of the Secretary, the Governor of the
State (or the Governor’s designee) shall grant, on a biennial
basis, the Secretary access to State records and State personnel
for the purpose of auditing State execution and enforcement
of the State plan.
(c) APPLICATION.—
(1) The requirements of section 8903 of title 46, United
States Code, and the regulations issued thereunder shall not
apply to any person operating under the authority of a State
license issued pursuant to an agreement under this section.
(2) The State shall not compel a person, operating under
the authority of a license issued either by another State, pursuant to a valid agreement under this section, or by the Secretary,
pursuant to section 8903 of title 46, United States Code, to—
(A) hold a license issued by the State, pursuant to
an agreement under this section; or
(B) pay any fee, associated with licensing, because
the person does not hold a license issued by the State,
pursuant to an agreement under this section.
Nothing in this paragraph shall limit the authority of the
State to impose requirements or fees for privileges, other than
licensing, that are associated with the operation of uninspected
passenger vessels on Lake Texoma.
(3) For the purpose of enforcement, if an individual is
issued a license—
(A) by a State, pursuant to an agreement entered
into under to this section; or
(B) by the Secretary, pursuant to section 8903 of title
46, United States Code,
then the individual shall be entitled to lawfully operate an
uninspected passenger vessel on Lake Texoma in Texas and
Oklahoma without further requirement to hold an additional
operator’s license.
(d) TERMINATION.—
(1) If—
(A) the Secretary finds that the State plan for the
licensing the operators of uninspected passenger vessels—
(i) does not meet the equivalent standards of safety
and protection of the environment as those contained
in subtitle II of title 46, United States Code, and regulations issued thereunder;
(ii) does not include—
(I) standards for chemical testing for such
operators,
(II) physical standards for such operators,
(III) professional service and training requirements for such operators, or
(IV) background and criminal investigations
for such operators;

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Deadline.
Records.

Notices.
Deadlines.

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PUBLIC LAW 111–281—OCT. 15, 2010

(iii) does not provide for the suspension and revocation of State licenses; or
(iv) does not make an individual, who is ineligible
for a license issued under title 46, United States Code,
ineligible for a State license; or
(B) the Governor (or the Governor’s designee) fails
to report pursuant to subsection (b),
the Secretary shall terminate the agreement authorized by
this section, provided that the Secretary provides written notice
to the Governor of the State 60 days in advance of termination.
The findings of fact and conclusions of the Secretary, if based
on a preponderance of the evidence, shall be conclusive.
(2) The Governor of the State may terminate the agreement
authorized by this section, provided that the Governor provides
written notice to the Secretary 60 days in advance of the
termination date.
(e) EXISTING AUTHORITY.—Nothing in this section shall affect
or diminish the authority or jurisdiction of any Federal or State
officer to investigate, or require reporting of, marine casualties.
(f) DEFINITIONS.—For the purposes of this section, the term
‘‘uninspected passenger vessel’’ has the same meaning such term
has in section 2101(42)(B) of title 46, United States Code.
Deadline.
Reports.

SEC. 911. STRATEGY REGARDING DRUG TRAFFICKING VESSELS.

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

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

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Regulations.

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‘‘§ 8107. Use of force against piracy
‘‘(a) LIMITATION ON LIABILITY.—An owner, operator, time
charterer, master, mariner, or individual who uses force or authorizes the use of force to defend a vessel of the United States against
an act of piracy shall not be liable for monetary damages for
any injury or death caused by such force to any person engaging
in an act of piracy if such force was in accordance with standard
rules for the use of force in self-defense of vessels prescribed by
the Secretary.

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124 STAT. 3017

‘‘(b) PROMOTION OF COORDINATED ACTION.—To carry out the
purpose of this section, the Secretary of the department in which
the Coast Guard is operating shall work through the International
Maritime Organization to establish agreements to promote coordinated action among flag- and port-states to deter, protect against,
and rapidly respond to piracy against the vessels of, and in the
waters under the jurisdiction of, those nations, and to ensure limitations on liability similar to those established by subsection (a).
‘‘(c) DEFINITION.—For the purpose of this section, the term
‘act of piracy’ means any act of aggression, search, restraint, depredation, or seizure attempted against a vessel of the United States
by an individual not authorized by the United States, a foreign
government, or an international organization recognized by the
United States to enforce law on the high seas.’’.
(b) CLERICAL AMENDMENT.—The analysis at the beginning of
such chapter is amended by adding at the end the following new
item:
‘‘8107. Use of force against piracy.’’.
(c) STANDARD RULES FOR THE USE OF FORCE FOR SELF-DEFENSE
OF VESSELS OF THE UNITED STATES.—Not later than 180 days

after the date of enactment of this act, the secretary of the department in which the coast guard is operating, in consultation with
representatives of industry and labor, shall develop standard rules
for the use of force for self-defense of vessels of the United States.

Contracts.

46 USC 8101.

46 USC 8107
note.
Deadline.

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SEC. 913. TECHNICAL AMENDMENTS TO CHAPTER 313 OF TITLE 46,
UNITED STATES CODE.

(a) IN GENERAL.—Chapter 313 of title 46, United States Code,
is amended—
(1) by striking ‘‘of Transportation’’ in sections 31302, 31306,
31321, 31330, and 31343 each place it appears;
(2) by striking ‘‘and’’ after the semicolon in section
31301(5)(F);
(3) by striking ‘‘office.’’ in section 31301(6) and inserting
‘‘office; and’’; and
(4) by adding at the end of section 31301 the following:
‘‘(7) ‘Secretary’ means the Secretary of the Department
of Homeland Security, unless otherwise noted.’’.
(b) SECRETARY AS MORTGAGEE.—Section 31308 of such title
is amended by striking ‘‘When the Secretary of Commerce or
Transportation is a mortgagee under this chapter, the Secretary’’
and inserting ‘‘The Secretary of Commerce or Transportation, as
a mortgagee under this chapter,’’.
(c) SECRETARY OF TRANSPORTATION.—Section 31329(d) of such
title is amended by striking ‘‘Secretary.’’ and inserting ‘‘Secretary
of Transportation.’’.
(d) MORTGAGEE.—
(1) Section 31330(a)(1) of such title, as amended by subsection (a)(1) of this section, is amended—
(A) by inserting ‘‘or’’ after the semicolon in subparagraph (B);
(B) by striking ‘‘Secretary; or’’ in subparagraph (C)
and inserting ‘‘Secretary.’’; and
(C) by striking subparagraph (D).
(2) Section 31330(a)(2) is amended—

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PUBLIC LAW 111–281—OCT. 15, 2010
(A) by inserting ‘‘or’’ after the semicolon in subparagraph (B);
(B) by striking ‘‘faith; or’’ in subparagraph (C) and
inserting ‘‘faith.’’; and
(C) by striking subparagraph (D).

14 USC 92 note.

SEC. 914. CONVEYANCE OF COAST GUARD VESSELS FOR PUBLIC PURPOSES.

(a) IN GENERAL.—Whenever the transfer of ownership of a
Coast Guard vessel or aircraft to an eligible entity for use for
educational, cultural, historical, charitable, recreational, or other
public purposes is authorized by law or declared excess by the
Commandant, the Coast Guard shall transfer the vessel or aircraft
to the General Services Administration for conveyance to the eligible
entity.
(b) CONDITIONS OF CONVEYANCE.—The General Services
Administration may not convey a vessel or aircraft to an eligible
entity as authorized by law unless the eligible entity agrees—
(1) to provide the documentation needed by the General
Services Administration to process a request for aircraft or
vessels under section 102.37.225 of title 41, Code of Federal
Regulations;
(2) to comply with the special terms, conditions, and restrictions imposed on aircraft and vessels under section 102.37.460
of such title;
(3) to make the vessel available to the United States
Government if it is needed for use by the Commandant of
the Coast Guard in time of war or a national emergency;
and
(4) to hold the United States Government harmless for
any claims arising from exposure to hazardous materials,
including asbestos and polychlorinated biphenyls, that occurs
after conveyance of the vessel, except for claims arising from
use of the vessel by the United States Government under
paragraph (3).
(c) OTHER OBLIGATIONS UNAFFECTED.—Nothing in this section
amends or affects any obligation of the Coast Guard or any other
person under the Toxic Substances Control Act (15 U.S.C. 2601
et seq.) or any other law regarding use or disposal of hazardous
materials including asbestos and polychlorinated biphenyls.
(d) ELIGIBLE ENTITY DEFINED.—In this section, the term
‘‘eligible entity’’ means a State or local government, nonprofit corporation, educational agency, community development organization,
or other entity that agrees to comply with the conditions established
under this section.
SEC. 915. ASSESSMENT OF CERTAIN AIDS TO NAVIGATION AND
TRAFFIC FLOW.
Deadline.

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Determination.

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

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(2) provide the information on usage compiled under this
subsection to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee on Transportation and Infrastructure.
(b) ASSESSMENT OF CERTAIN AIDS TO NAVIGATION.—Within 90
days after the date of enactment of this Act, the Commandant
of the Coast Guard shall—
(1) review and assess the buoys, markers, and other aids
to navigation in and along that portion of the Atlantic Intracoastal Waterway specified in subsection (a), to determine the
adequacy and sufficiency of such aids, and the need to replace
such aids, install additional aids, or both; and
(2) submit a report on the assessment required by this
section to the committees.
(c) SUBMISSION OF PLAN.—Within 180 days after the date of
enactment of this Act, the Commandant shall submit a plan to
the committees to address the needs identified under subsection
(b).

Deadline.

Reports.
Deadline.

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SEC. 916. FRESNEL LENS FROM PRESQUE ISLE LIGHT STATION IN
PRESQUE ISLE, MICHIGAN.

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

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transfer to the Township of Presque Isle, Michigan (hereinafter
‘‘Township’’), possession of the Fresnel Lens from the Light
Station for the purpose of conserving and displaying such
Fresnel Lens as an artifact in an exhibition facility at or near
the Light Station.
(2) CONDITION.—As a condition of the transfer of possession
pursuant to paragraph (1)—
(A) all Federal aids to navigation located at, on, or
in the Light Station in operation on the date of transfer
of possession shall remain the personal property of the
United States and continue to be operated and maintained
by the United States for as long as needed for navigational
purposes;
(B) there is reserved to the United States the right
to maintain, remove, replace, or install any Federal aid
to navigation located at, on, or in the Light Station as
may be necessary for navigational purposes; and
(C) the Township shall neither interfere nor allow
interference in any manner with any Federal aid to navigation, nor hinder activities required for the operation and
maintenance of any Federal aid to navigation.
(3) ALTERNATIVE DISPLAY.—
(A) In the event that—
(i) the Commandant of the Coast Guard, pursuant
to a Waterways Analysis and Management System
study, discontinues the existing Federal aids to navigation at, on, or in the Light Station; and
(ii) the Township demonstrates to the satisfaction
of the Commandant that the Township can restore,
reinstall, and display the Fresnel Lens from the Light
Station in the lantern room of such Light Station in
a manner that conserves such Fresnel Lens as an
artifact,
the Township is authorized, notwithstanding paragraph
(1), to display such Fresnel Lens in the lantern room of
such Light Station.
(B) Nothing in this paragraph shall be construed to
prevent the Township from installing a replica of the
Fresnel Lens in the lantern room of such Light Station.
(c) CONVEYANCE, TRANSFER OF ADDITIONAL PERSONAL PROPERTY.—Notwithstanding any other provision of law, the Commandant may convey or transfer possession of any personal property
of the United States, pertaining to the Fresnel Lens or the Light
Station, as an artifact to the Township.
(d) TERMS; REVERSIONARY INTEREST.—As a condition of transfer
of possession of personal property of the United States, pursuant
to subsection (c), the Commandant may require the Township to
comply with terms and conditions necessary to protect and conserve
such personal property. Upon notice that the Commandant has
determined that the Township has not complied with such terms
and conditions, the Township shall immediately transfer possession
of such personal property to the Coast Guard, except to the extent
otherwise approved by the Commandant.
(e) CONVEYANCE WITHOUT CONSIDERATION.—The conveyance
or transfer of possession of any personal property of the United
States (including the Fresnel Lens) under this section shall be
without consideration.

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124 STAT. 3021

(f) DELIVERY OF PROPERTY.—The Commandant shall deliver
any personal property, conveyed or transferred pursuant to this
section (including the Fresnel Lens)—
(1) at the place where such property is located on the
date of the conveyance;
(2) in condition on the date of conveyance; and
(3) without cost to the United States.
(g) MAINTENANCE OF PROPERTY.—As a condition of the transfer
of possession of the Fresnel Lens and any other personal property
of the United States to the Township under this section, the Commandant shall enter into an agreement with the Township under
which the Township agrees to hold the United States harmless
for any claim arising with respect to the Fresnel Lens or such
personal property.
(h) LIMITATION ON FUTURE TRANSFERS.—The instruments providing for the transfer of possession of the Fresnel Lens or any
other personal property of the United States under this section
shall—
(1) require that any further transfer of an interest in the
Fresnel Lens or personal property may not be made without
the advance approval of the Commandant; and
(2) provide that, if the Commandant determines that an
interest in the Fresnel Lens or personal property was transferred without such approval—
(A) all right, title, and interest in the Fresnel Lens
or personal property shall revert to the United States,
and the United States shall have the right to immediate
possession of the Fresnel Lens or personal property; and
(B) the recipient of the Fresnel Lens or personal property shall pay the United States for costs incurred by
the United States in recovering the Fresnel Lens or personal property.
(i) ADDITIONAL TERMS AND CONDITIONS.—The Commandant
may require such additional terms and conditions in connection
with the conveyance or transfer of personal property of the United
States (including the Fresnel Lens) authorized by this section as
the Commandant considers appropriate to protect the interests
of the United States.

Contracts.

Determination.

Payments.

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SEC. 917. MARITIME LAW ENFORCEMENT.

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

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‘‘(3) If the offense is one under paragraph (1) or (2)(A) of
subsection (a) and results in serious bodily injury (as defined in
section 1365), the offender shall be fined under this title or imprisoned for not more than 15 years, or both.
‘‘(4) If the offense is one under paragraph (1) or (2)(A) of
subsection (a), involves knowing transportation under inhumane
conditions, and is committed in the course of a violation of section
274 of the Immigration and Nationality Act, or chapter 77 or
section 113 (other than under subsection (a)(4) or (a)(5) of such
section) or 117 of this title, the offender shall be fined under
this title or imprisoned for not more than 15 years, or both.’’.
(b) DEFINITION.—Section 2237(e) of title 18, United States Code,
is amended—
(1) by amending paragraph (3) to read as follows:
‘‘(3) the term ‘vessel subject to the jurisdiction of the United
States’ has the meaning given the term in section 70502 of
title 46;’’;
(2) in paragraph (4), by striking ‘‘section 2 of the Maritime
Drug Law Enforcement Act (46 U.S.C. App. 1903).’’ and
inserting ‘‘section 70502 of title 46; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(5) the term ‘transportation under inhumane conditions’
means—
‘‘(A) transportation—
‘‘(i) of one or more persons in an engine compartment, storage compartment, or other confined space;
‘‘(ii) at an excessive speed; or
‘‘(iii) of a number of persons in excess of the rated
capacity of the vessel; or
‘‘(B) intentional grounding of a vessel in which persons
are being transported.’’.
14 USC 663 note.

SEC. 918. CAPITAL INVESTMENT PLAN.

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

Web posting.

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

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SEC. 920. COMPLIANCE PROVISION.

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

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124 STAT. 3023

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

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

Definition.

TITLE X—CLEAN HULLS
Subtitle A—General Provisions

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SEC. 1011. DEFINITIONS.

33 USC 3801.

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

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

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33 USC 3802.

SEC. 1012. COVERED VESSELS.

(a) INCLUDED VESSEL.—Except as provided in subsection (b),
after the Convention enters into force for the United States, the
following vessels are subject to the requirements of this title:
(1) A vessel documented under chapter 121 of title 46,
United States Code, or one operated under the authority of
the United States, wherever located.
(2) Any vessel permitted by a Federal agency to operate
on the Outer Continental Shelf.
(3) Any other vessel when—
(A) in the internal waters of the United States;
(B) in any port, shipyard, offshore terminal, or other
place in the United States;
(C) lightering in the territorial sea; or
(D) to the extent consistent with international law,
anchoring in the territorial sea of the United States.
(b) EXCLUDED VESSELS.—
(1) IN GENERAL.—The following vessels are not subject to
the requirements of this title:
(A) Any warship, naval auxiliary, or other vessel owned
or operated by a foreign state, and used, for the time
being, only on government noncommercial service.
(B) Except as provided in paragraph (2), any warship,
naval auxiliary, or other vessel owned or operated by the
United States and used for the time being only on government noncommercial service.
(2) APPLICATION TO UNITED STATES GOVERNMENT VESSELS.—
(A) IN GENERAL.—The Administrator may apply any
requirement of this title to one or more classes of vessels
described in paragraph (1)(B), if the head of the Federal

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124 STAT. 3025

department or agency under which those vessels operate
concurs in that application.
(B) LIMITATION FOR COMBAT-RELATED VESSEL.—
Subparagraph (A) shall not apply to combat-related vessels.
SEC. 1013. ADMINISTRATION AND ENFORCEMENT.

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

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

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

Subtitle B—Implementation of the
Convention

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SEC. 1021. CERTIFICATES.

33 USC 3821.

(a) CERTIFICATE REQUIRED.—On entry into force of the Convention for the United States, any vessel of at least 400 gross tons
that engages in one or more international voyages (except fixed
or floating platforms, FSUs, and FPSOs) shall carry an International Antifouling System Certificate.
(b) ISSUANCE OF CERTIFICATE.—On entry into force of the
Convention, on a finding that a successful survey required by the
Convention has been completed, a vessel of at least 400 gross
tons that engages in at least one international voyage (except
fixed or floating platforms, FSUs, and FPSOs) shall be issued
an International Antifouling System Certificate. The Secretary may
issue the Certificate required by this section. The Secretary may
delegate this authority to an organization that the Secretary determines is qualified to undertake that responsibility.
(c) MAINTENANCE OF CERTIFICATE.—The Certificate required
by this section shall be maintained as required by the Secretary.
(d) CERTIFICATES ISSUED BY OTHER PARTY COUNTRIES.—A Certificate issued by any country that is a party to the Convention
has the same validity as a Certificate issued by the Secretary
under this section.
(e) VESSELS OF NONPARTY COUNTRIES.—Notwithstanding subsection (a), a vessel of at least 400 gross tons, having the nationality
of or entitled to fly the flag of a country that is not a party

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to the Convention, may demonstrate compliance with this title
through other appropriate documentation considered acceptable by
the Secretary.
33 USC 3822.

SEC. 1022. DECLARATION.

(a) REQUIREMENTS.—On entry into force of the Convention for
the United States, a vessel of at least 24 meters in length, but
less than 400 gross tons engaged on an international voyage (except
fixed or floating platforms, FSUs, and FPSOs) must carry a declaration described in subsection (b) that is signed by the owner or
owner’s authorized agent. That declaration shall be accompanied
by appropriate documentation, such as a paint receipt or a contractor invoice, or contain an appropriate endorsement.
(b) CONTENT OF DECLARATION.—The declaration must contain
a clear statement that the antifouling system on the vessel complies
with the Convention. The Secretary may prescribe the form and
other requirements of the declaration.
33 USC 3823.

SEC. 1023. OTHER COMPLIANCE DOCUMENTATION.

In addition to the requirements under sections 1021 and 1022,
the Secretary may require vessels to hold other documentation
considered necessary to verify compliance with this title.
33 USC 3824.

SEC. 1024. PROCESS FOR CONSIDERING ADDITIONAL CONTROLS.

Public
information.

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Federal Register,
publication.
Notice.
Web posting.

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(a) ACTIONS BY ADMINISTRATOR.—The Administrator may—
(1) participate in the technical group described in Article
7 of the Convention, and in any other body convened pursuant
to the Convention for the consideration of new or additional
controls on antifouling systems;
(2) evaluate any risks of adverse effects on nontarget organisms or human health presented by a given antifouling system
such that the amendment of annex 1 of the Convention may
be warranted;
(3) undertake an assessment of relevant environmental,
technical, and economic considerations necessary to evaluate
any proposals for new or additional controls of antifouling systems under the Convention, including benefits in the United
States and elsewhere associated with the production and use
in the United States and elsewhere, of the subject antifouling
system; and
(4) develop recommendations based on that assessment.
(b) REFERRALS TO TECHNICAL GROUP.—
(1) CONVENING OF SHIPPING COORDINATING COMMITTEE.—
On referral of any antifouling system to the technical group
described in article 7 of the Convention for consideration of
new or additional controls, the Secretary of State shall convene
a public meeting of the Shipping Coordinating Committee for
the purpose of receiving information and comments regarding
controls on such antifouling system. The Secretary of State
shall publish advance notice of such meeting in the Federal
Register and on the State Department’s Web site. The Administrator shall assemble and maintain a public docket containing
notices pertaining to that meeting, any comments responding
to those notices, the minutes of that meeting, and materials
presented at that meeting.
(2) REPORT BY TECHNICAL GROUP.—The Administrator shall
promptly make any report by the technical group described
in the Convention available to the public through the docket

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

Public comments.

33 USC 3825.

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

33 USC 3826.

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

Subtitle C—Prohibitions and Enforcement
Authority

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SEC. 1031. PROHIBITIONS.

33 USC 3841.

(a) IN GENERAL.—Notwithstanding any other provision of law,
it is unlawful for any person—
(1) to act in violation of this title, or any regulation prescribed under this title;
(2) to sell or distribute in domestic or international commerce organotin or an antifouling system containing organotin;
(3) to manufacture, process, or use organotin to formulate
an antifouling system;
(4) to apply an antifouling system containing organotin
on any vessel to which this title applies; or
(5) after the Convention enters into force for the United
States, to apply or otherwise use in a manner inconsistent
with the Convention, an antifouling system on any vessel that
is subject to this title.
(b) VESSEL HULLS.—Except as provided in subsection (c), no
vessel shall bear on its hull or outer surface any antifouling system
containing organotin, regardless of when such system was applied,

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unless that vessel bears an overcoating which forms a barrier
to organotin leaching from the underlying antifouling system.
(c) LIMITATIONS.—
(1) EXCEPTED VESSEL.—Subsection (b) does not apply to
fixed or floating platforms, FSUs, or FPSOs that were constructed prior to January 1, 2003, and that have not been
in dry dock on or after that date.
(2) SALE, MANUFACTURE, ETC.—This section does not apply
to—
(A) the sale, distribution, or use pursuant to any agreement between the Administrator and any person that
results in an earlier prohibition or cancellation date than
specified in this title; or
(B) the manufacture, processing, formulation, sale, distribution, or use of organotin or antifouling systems containing organotin used or intended for use only for sonar
domes or in conductivity sensors in oceanographic
instruments.
33 USC 3842.

SEC. 1032. INVESTIGATIONS AND INSPECTIONS BY SECRETARY.

Deadline.

(a) IN GENERAL.—The Secretary may conduct investigations
and inspections regarding a vessel’s compliance with this title or
the Convention.
(b) VIOLATIONS; SUBPOENAS.—
(1) IN GENERAL.—In any investigation under this section,
the Secretary may issue a subpoena to require the attendance
of a witness or the production of documents or other evidence
if—
(A) before the issuance of the subpoena, the Secretary
requests a determination by the Attorney General of the
United States as to whether the subpoena will interfere
with a criminal investigation; and
(B) the Attorney General—
(i) determines that the subpoena will not interfere
with a criminal investigation; or
(ii) fails to make a determination under clause
(i) before the date that is 30 days after the date on
which the Secretary makes a request under subparagraph (A).
(2) ENFORCEMENT.—In the case of refusal to obey a subpoena issued to any person under this subsection, the Secretary
may request the Attorney General to invoke the aid of the
appropriate district court of the United States to compel compliance.
(c) FURTHER ACTION.—On completion of an investigation, the
Secretary may take whatever further action the Secretary considers
appropriate under the Convention or this title.
(d) COOPERATION.—The Secretary may cooperate with other
parties to the Convention in the detection of violations and in
enforcement of the Convention. Nothing in this section affects or
alters requirements under any other laws.

33 USC 3843.

SEC. 1033. EPA ENFORCEMENT.

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Determination.

(a) INSPECTIONS, SUBPOENAS.—
(1) IN GENERAL.—For purposes of enforcing this title or
any regulation prescribed under this title, officers or employees
of the Environmental Protection Agency or of any State designated by the Administrator may enter at reasonable times

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any location where there is being held or may be held organotin
or any other substance or antifouling system regulated under
the Convention, for the purpose of inspecting and obtaining
samples of any containers or labeling for organotin or other
substance or system regulated under the Convention.
(2) SUBPOENAS.—
(A) IN GENERAL.—In any investigation under this section, the Administrator may issue a subpoena to require
the attendance of a witness or the production of documents
or other evidence if—
(i) before the issuance of the subpoena, the
Administrator requests a determination by the
Attorney General of the United States as to whether
the subpoena will interfere with a criminal investigation; and
(ii) the Attorney General—
(I) determines that the subpoena will not
interfere with a criminal investigation; or
(II) fails to make a determination under subclause (I) before the date that is 30 days after
the date on which the Administrator makes a
request under clause (i).
(B) ENFORCEMENT.—In the case of refusal to obey a
subpoena issued to any person under this paragraph, the
Administrator may request the Attorney General to invoke
the aid of the appropriate district court of the United
States to compel compliance.
(b) STOP MANUFACTURE, SALE, USE, OR REMOVAL ORDERS.—
Consistent with section 1013, whenever any organotin or other
substance or system regulated under the Convention is found by
the Administrator and there is reason to believe that a manufacturer, seller, distributor, or user has violated or is in violation
of any provision of this title, or that such organotin or other substance or system regulated under the Convention has been or is
intended to be manufactured, distributed, sold, or used in violation
of this title, the Administrator may issue a stop manufacture,
sale, use, or removal order to any person that owns, controls,
or has custody of such organotin or other substance or system
regulated under the Convention. After receipt of that order the
person may not manufacture, sell, distribute, use, or remove the
organotin or other substance or system regulated under the Convention described in the order except in accordance with the order.

Determination.

Deadline.

SEC. 1034. ADDITIONAL AUTHORITY OF THE ADMINISTRATOR.

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

Subtitle D—Action on Violation, Penalties,
and Referrals
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SEC. 1041. CRIMINAL ENFORCEMENT.

33 USC 3851.

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

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title 18, United States Code, or imprisoned not more than 6 years,
or both.
33 USC 3852.

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Notice.

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SEC. 1042. CIVIL ENFORCEMENT.

(a) CIVIL PENALTY.—
(1) IN GENERAL.—Any person who is found by the Secretary
or the Administrator, as appropriate, after notice and an opportunity for a hearing, to have—
(A) violated the Convention, this title, or any regulation
prescribed under this title, is liable to the United States
Government for a civil penalty of not more than $37,500
for each violation; or
(B) made a false, fictitious, or fraudulent statement
or representation in any matter in which a statement or
representation is required to be made to the Secretary
under the Convention, this title, or any regulations prescribed under this title, is liable to the United States for
a civil penalty of not more than $50,000 for each such
statement or representation.
(2) RELATIONSHIP TO OTHER LAW.—This subsection shall
not limit or affect the authority of the Government under
section 1001 of title 18, United States Code.
(b) ASSESSMENT OF PENALTY.—The amount of the civil penalty
shall be assessed by the Secretary or Administrator, as appropriate,
by written notice.
(c) LIMITATION FOR RECREATIONAL VESSEL.—A civil penalty
imposed under subsection (a) against the owner or operator of
a recreational vessel, as that term is defined in section 2101 of
title 46, United States Code, for a violation of the Convention,
this title, or any regulation prescribed under this title involving
that recreational vessel, may not exceed $5,000 for each violation.
(d) DETERMINATION OF PENALTY.—For purposes of penalties
under this section, each day of a continuing violation constitutes
a separate violation. In determining the amount of the penalty,
the Secretary or Administrator shall take into account the nature,
circumstances, extent, and gravity of the prohibited acts committed
and, with respect to the violator, the degree of culpability, any
history of prior offenses, the economic impact of the penalty on
the violator, the economic benefit to the violator and other matters
as justice may require.
(e) REWARD.—An amount equal to not more than one-half of
any civil penalty assessed by the Secretary or Administrator under
this section may, subject to the availability of appropriations, be
paid by the Secretary or Administrator, respectively, to any person
who provided information that led to the assessment or imposition
of the penalty.
(f) REFERRAL TO ATTORNEY GENERAL.—If any person fails to
pay a civil penalty assessed under this section after it has become
final, or comply with an order issued under this title, the Secretary
or Administrator, as appropriate, may refer the matter to the
Attorney General of the United States for collection in any appropriate district court of the United States.
(g) COMPROMISE, MODIFICATION, OR REMISSION.—Before referring any civil penalty that is subject to assessment or has been
assessed under this section to the Attorney General, the Secretary,
or Administrator, as appropriate, may compromise, modify, or remit,
with or without conditions, the civil penalty.

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

33 USC 3853.

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

33 USC 3854.

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

33 USC 3855.

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

33 USC 3856.

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

33 USC 3857.

(a) IN GENERAL.—Nothing in this title limits, denies, amends,
modifies, or repeals any other remedy available to the United States.

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PUBLIC LAW 111–281—OCT. 15, 2010

(b) RELATIONSHIP TO STATE AND LOCAL LAW.—Nothing in this
title limits, denies, amends, modifies, or repeals any rights under
existing law, of any State, territory, or possession of the United
States, or any political subdivision thereof, to regulate any
antifouling system. Compliance with the requirements of a State,
territory, or possession of the United States, or political subdivision
thereof related to antifouling paint or any other antifouling system
does not relieve any person of the obligation to comply with this
title.
SEC. 1048. REPEAL.
33 USC
2401–2410,
2401 note.

The Organotin Antifouling Paint Control Act of 1988 (33 U.S.C.
2401 et seq.) is repealed.
Approved October 15, 2010.

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LEGISLATIVE HISTORY—H.R. 3619 (S. 1194):
HOUSE REPORTS: No. 111–303, Pt. 1 (Comm. on Transportation and Infrastructure).
SENATE REPORTS: No. 111–95 (Comm. on Commerce, Science, and Transportation) accompanying S. 1194.
CONGRESSIONAL RECORD:
Vol. 155 (2009): Oct. 22, 23, considered and passed House.
Vol. 156 (2010): May 7, considered and passed Senate, amended, in lieu of
S. 1194.
Sept. 28, House concurred in Senate amendment with
amendments.
Sept. 29, Senate concurred in House amendments with
amendments. House concurred in Senate amendments.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2010):
Oct. 15, Presidential statement.

Æ

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