[House Report 111-311]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-311
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 3619) TO AUTHORIZE
APPROPRIATIONS FOR THE COAST GUARD FOR FISCAL YEAR 2010, AND FOR OTHER
PURPOSES
_______
October 21, 2009.--Referred to the House Calendar and ordered to be
printed
_______
Ms. Matsui, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 853]
The Committee on Rules, having had under consideration
House Resolution 853, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 3619, the
``Coast Guard Authorization Act of 2010,'' under a structured
rule. The rule waives all points of order against consideration
of the bill except those arising under clause 9 or 10 of rule
XXI. The rule provides one hour of general debate, with 40
minutes equally divided and controlled by the chairman and
ranking minority member of the Committee on Transportation and
Infrastructure and 20 minutes equally divided and controlled by
the chairman and ranking minority member of the Committee on
Homeland Security.
The resolution provides that the amendment in the nature of
a substitute recommended by the Committee on Transportation and
Infrastructure shall be considered as adopted in the House and
in the Committee of the Whole. The bill, as amended, shall be
considered as an original bill for the purpose of amendment and
shall be considered as read. The rule waives all points of
order against the amendment in the nature of a substitute
except for clause 10 of rule XXI. This waiver does not affect
the point of order available under clause 9 of rule XXI
(regarding earmark disclosure).
The rule further makes in order only those amendments
printed in this report. The amendments made in order may be
offered only in the order printed in this report, may be
offered only by a Member designated in this report, shall be
considered as read, shall be debatable for the time specified
in this report equally divided and controlled by the proponent
and an opponent, shall not be subject to amendment, and shall
not be subject to a demand for division of the question. All
points of order against the amendments except for clauses 9 and
10 of rule XXI are waived. In the case of sundry amendments
reported from the Committee, the question of their adoption
shall be put to the House en gros and without division of the
question.
The rule provides one motion to recommit with or without
instructions. The resolution provides that the Chair may
entertain a motion that the Committee rise only if offered by
the chair of the Committee on Transportation and Infrastructure
or his designee. Finally, the resolution provides that the
Chair may not entertain a motion to strike out the enacting
words of the bill.
EXPLANATION OF WAIVERS
Although the rule waives all points of order against
consideration of the bill (except for clauses 9 and 10 of rule
XXI), the Committee is not aware of any points of order. The
waiver of all points of order is prophylactic.
The waiver of all points of order against the committee
amendment in the nature of a substitute includes a waiver of
clause 4 of rule XXI (regarding appropriations in a legislative
bill).
SUMMARY OF AMENDMENTS TO BE MADE IN ORDER
1. Oberstar (MN): Would (1) make a number of technical
corrections to the bill; (2) add language regarding the
delegation of authority by the Coast Guard to classification
societies; (3) clarify language regarding the enforcement of
Coast Guard-imposed security zones around hazardous materials
terminals and tankers; and (4) address discharges incidental to
the normal operation of vessels; (5) would provide for an
alternative licensing program for operators of uninspected
passenger vessels on Lake Texoma in Texas and Oklahoma upon
request of the Texas or Oklahoma Governors; (6) would require
the Coast Guard's study of biometric identification to include
facial and iris scan technology, would require the Homeland
Security Secretary to study the Coast Guard's use of the
combination of facial and iris recognition to rapidly identify
individuals for security purposes, and would state the purpose
of the study is to facilitate the use of a combination of
facial and iris recognition; (7) would require the secretary of
the Department of the Coast Guard is operating to report to
Congress on the most common types of human errors that have led
to oil spills from vessels, the most common types of ``near
miss'' oil spill incidents, and includes recommendations to
address these errors, and also require the secretary to use the
findings of the report to take appropriate action domestically
and at the International Maritime Organization to reduce the
risk of oil spills caused by human error; (8) would provide
that, in conducting mission analysis along the Rio Grande under
section 1324, the Secretary shall work with all appropriate
entities, as needed, to facilitate the collection of
information; (9) would require the Great Lakes Maritime
Institute to evaluate the employment base supported by the
Great Lakes marine transportation system, including the number
and types of jobs, and general demographics about the employees
holding those jobs, such as their gender and age; (10) would
require the secretary of the Department of the Coast Guard is
operating to assess whether the use of transponders or RFIDs
can be used to mitigate the threat of small boat attacks in
major ports; would encourage the Secretary of State to enter
into negotiations with Canada to ensure that tugboat escorts
are required for certain tank ships in the Strait of Juan de
Fuca, Strait of Georgia, and in Haro Strait. The Secretary
would consult with the Coast Guard, which shall consult with
the State of Washington and affected tribal governments; (11)
would require that the GAO report to Congress on the Coast
Guard's efforts to recruit minority candidates to the Coast
Guard Academy, which would include recommendations for
enhancing such efforts; (12) would extend for two years,
through December 31, 2011, an authorization to complete an in-
kind exchange of certain Coast Guard property in Portland,
Maine, to the Gulf of Maine Aquarium Development Corporation.
It also would provide that a new building adjacent to the pier
and bulkhead must comply with the waterfront provisions of the
City of Portland Code of Ordinances; (13) would require the
Secretary to allow any individual with a pending application
for a transportation security card, who needs to work in secure
area, to have access to such area for that purpose through an
escort by another individual with a security card. It also
contains timelines for reviews of transportation security card
applications. The Secretary shall develop a process for
individuals to receive the cards at their residence. The
Secretary shall establish procedures for individuals who are to
be fingerprinted for transportation security cards to be
fingerprinted at facilities operated by or under contract with
the relevant Federal agency that engages in fingerprinting the
public for transportation security or other security purposes;
(14) would direct the Secretary of the department in which the
Coast Guard is operating to prohibit states or political
subdivision. (20 minutes)
2. Mica (FL): Would require a GAO report on (1) the
background checks and forms of identification required under
state and local transportation security programs; (2) a
determination of whether those requirements conflict with
Federal programs; (3) a determination of whether those
requirements assist in carrying out state and local government
safety, security and law enforcement responsibilities; and (4)
recommendations on ways to minimize redundant background checks
and facilitate the sharing of data with state and local
governments. It would also prohibit the secretary of the
Department the Coast Guard is in from preventing a state or
local government from requiring a separate background check for
entry into any area covered by a vessel or facility security
plan. (10 minutes)
3. Hastings, Alcee (FL): Would request a study and report
examining the Coast Guard's ability to respond to effects
resulting from changes in U.S. immigration policy toward Haiti.
(10 minutes)
4. LoBiondo (NJ), Coble (NC): Would require the secretary
of the Department the Coast Guard is operating in to study
military family housing and military unaccompanied housing
available to members and officers of the Coast Guard, would
authorize the Coast Guard to spend funds on child development
services, would authorize the Navy Secretary to provide support
services to chaplain-led programs for Coast Guard members,
would authorize the President to award a Coast Guard cross and
silver star when a Coast Guard member distinguishes himself or
herself in armed conflict. (10 minutes)
5. LoBiondo (NJ), Michaud (ME): Would require the Secretary
of Homeland Security, in consultation with the Transportation
Secretary, to study whether there is a continued need for a
supplemental air and maritime navigation system as a backup to
GPS. (10 minutes)
6. Himes (CT): Would establish within the Department of
Homeland Security the America's Waterway Watch Program, a
citizen watch program that promotes voluntary reporting of
suspected terrorist activity and suspicious behavior along our
waterways. It would authorize $3 million over the course of six
years for the program. The Secretary would coordinate with
other watch programs. The Secretary may also develop
instructional materials on potential threats and to promote
voluntary reporting of potential violations of law, and may
distribute such materials. (10 minutes)
7. Flake, Jeff (AZ): Would prohibit earmarking the Fishing
Safety Training Grants Program. (10 minutes)
8. Flake, Jeff (AZ): Would prohibit earmarking the Fishing
Safety Research Training Grants Program. (10 minutes)
9. Kirkpatrick (AZ): Would require that the Secretary of
the department in which the Coast Guard is operating to develop
a comprehensive strategy to combat the illicit flow of
narcotics, weapons, bulk cash, and other contraband through the
use of submersible and semi-submersible vessels. (10 minutes)
10. Kratovil (MD): Would require the Coast Guard to study
the facility infrastructure requirements needed to fulfill the
Coast Guard's missions and capabilities, and ensure that the
department in which the Coast Guard is operating maintains the
ability to utilize the latest technologies. (10 minutes)
11. Nye (VA): Would state that the marine safety provisions
of the bill shall not impair the Coast Guard's homeland
security missions. (10 minutes)
12. Stupak (MI): Would require a study on the effects of
the Coast Guard modifying the 2004 Agreement for Outgoing Loans
with Presque Isle Township, Michigan, in order to provide for
the return of the Historic Fresnel Lens to the lantern room
atop the Presque Isle Light Station Lighthouse, Michigan. (10
minutes)
13. LoBiondo (NJ), Coble (NC): Would grant limits on
liability for actions taken by an owner, operator, time
charterer, master or mariner to defend a U.S. flagged vessel
against attack by pirates. It also requires the secretary of
the Department the Coast Guard is in to work through the
International Maritime Organization to establish agreements to
promote coordinated action among flag- and port-states to
protect against piracy. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Oberstar, James of
Minnesota or His Designee, Debatable for 20 Minutes
Page 10, line 14, strike ``Department'' and insert
``department''.
Page 11, line 5, after ``Department of Defense'' insert ``and
the Department of Homeland Security''.
Page 17, line 1, strike ``EMERGENCY''.
Page 24, line 12, after ``Coast Guard'' insert ``is
operating''.
Page 38, before line 7, insert the following new subsection:
(d) Report.--Within 12 months after the date of enactment of
this Act, the Comptroller General of the United States shall
report to Congress on the Coast Guard's efforts to recruit
minority candidates to the Coast Guard Academy. The report
shall include the following:
(1) The status of implementation of the Coast Guard's
minority recruitment program.
(2) An assessment of the effectiveness of the
program, including the number of minority applicants
contacted by the Coast Guard Academy, the number of
minority candidates who completed applications to the
Academy, the number of minority candidates offered
appointments to the Academy, and the number of
candidates who accepted such appointments.
(3) A comparison of the Coast Guard's minority
recruitment program with similar programs at other
United States service academies.
(4) Recommendations for enhancing the Coast Guard's
minority recruitment program.
(5) An assessment of the current geographic diversity
of cadets currently enrolled at the Coast Guard Academy
including information on the number of candidates from
each State and region of the United States who were
contacted by the Academy, the number of candidates from
each State and region of the United States who
completed applications to the Academy, the number of
candidates from each State and region of the country
offered appointments to the Academy, and the number of
candidates from each State and region of the country
who accepted such appointments.
(6) Recommendations for increasing the geographic
diversity of the student population at the Coast Guard
Academy.
Page 38, line 13, after ``ture'' insert ``and the Committee
on Homeland Security''.
Page 44, line 11, strike ``or''.
Page 44, line 12, before the period insert ``, or an Asian
American and a Native American Pacific Islander-serving
institution (as defined in section 320 of such Act)''.
Page 54, strike line 19 and all that follows through page 55,
line 11, and insert the following:
(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.
Page 57, line 25, strike ``safe, secure, and reliable'' and
insert ``safe and secure''.
Page 58, line 7, strike ``shall work'' and insert ``is
encouraged to enter into negotiations''.
Page 58, line 8, strike ``establish'' and insert ``conclude
and execute''.
Page 58, line 14, strike ``icebreaking escort'' and insert
``marine safety''.
Page 59, line 13, strike ``assure the reasonable demands of
commerce'' and insert ``carry out the purposes of this
section''.
Page 59, line 17, after ``emissions'' insert ``(including
black carbon and other emissions that could contribute to
climate change)''.
Page 62, strike line 12 and all that follows through page 64,
line 22, and insert the following:
SEC. 559. LORAN-C SIGNAL.
(a) Subject to subsection (b), the Secretary of Homeland
Security may not operate the Loran-C signal after January 4,
2010.
(b) The limitation in subsection (a) shall take effect only
if the Commandant of the Coast Guard certifies that--
(1) the termination of the operation of the Loran-C
signal as of the date specified in subsection (a) will
not adversely impact the safety of maritime navigation;
and
(2) the Loran-C system infrastructure is not needed
as a backup to the Global Positioning System or any
other Federal navigation requirement.
(c) If the Commandant makes the certifications described in
subsection (b), the Coast Guard shall, commencing January 4,
2010, terminate the operation of the Loran-C signal and
commence a phased decommissioning of the Loran-C system
infrastructure.
(d) Not later than 30 days after such certifications made
pursuant to subsection (b), 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 setting forth a proposed
schedule for the phased decommissioning of the Loran-C system
infrastructure in the event of the decommissioning of such
infrastructure in accordance with subsection (c).
(e) If the Commandant makes the certifications described in
subsection (b), the Secretary of Homeland Security, acting
through the Commandant of the Coast Guard, may, notwithstanding
any other provision of law, sell any real and personal property
under the administrative control of the Coast Guard and used
for the Loran-C system, by directing the Administrator of
General Services to sell such real and personal property,
subject to such terms and conditions that the Secretary
believes to be necessary to protect government interests and
program requirements of the Coast Guard.
Page 65, strike lines 12 and 13 and insert the following:
``(2) Prince william sound, alaska.--The requirement
in
Page 66, strike lines 1 through 6 and insert close quotation
marks and a following period.
Page 66, after line 9, insert the following new subsection:
(c) Rulemaking.--
(1) Interim final rule authority.--The Secretary
shall issue an interim final rule as a temporary
regulation implementing this section (including the
amendments made by this section) as soon as practicable
after the date of enactment of this section, without
regard to the provisions of chapter 5 of title 5,
United States Code. All regulations prescribed under
the authority of this paragraph that are not earlier
superseded by final regulations shall expire not later
than 1 year after the date of enactment of this Act.
(2) Initiation of rulemaking.--The Secretary may
initiate a rulemaking to implement this section
(including the amendments made by this section) as soon
as practicable after the date of enactment of this
section. The final rule issued pursuant to that
rulemaking may supersede the interim final rule
promulgated under this subsection.
Page 77, line 1, insert ``or more'' after ``10''.
Page 79, line 6, insert ``or more'' after ``10''.
Page 98, line 19, strike ``10'' and insert ``15''.
Page 109, line 5, strike ``or Level 2''.
Page 139, line 24, strike ``and''.
Page 140, line 12, strike ``and''.
Page 151, line 17, before the period insert ``or marine
safety engineer''.
Page 158, beginning at line 3, strike ``and the Assistant
Commandant for Marine Safety''.
Page 158, line 4, strike ``jointly''.
Page 158, beginning at line 6, strike ``and the Assistant
Commandant''.
Page 158, line 7, strike ``jointly convey their'' and insert
``convey the Commandant's''.
Page 158, line 8, strike ``Assistant Commandant'' and insert
``marine safety workforce''.
Page 176, line 4, strike ``established'' and insert
``establish''.
Page 180, line 19, strike ``major conversion'' and insert
``substantial change to the dimension of or type of the
vessel''.
Page 181, line 10, strike ``major conversion'' and insert
``substantial change to the dimension of or type of the
vessel''.
Page 193, line 15, strike ``Department'' and insert
``department''.
Page 210, after line 25, insert the following new sections:
SEC. __. PILOT REQUIRED.
Section 8502(g) of title 46, United States Code, is amended--
(1) in paragraph (1), by inserting ``and Buzzards
Bay, Massachusetts'' before ``, if any,''; and
(2) by adding at the end the following:
``(3) In any area of Buzzards Bay, Massachusetts,
where a single-hull tanker or tank vessel carrying
5,000 or more barrels of oil or other hazardous
material is required to be under the direction and
control of a Federal first class pilot, the pilot may
not be a member of the crew of that vessel, and shall
be a pilot licensed--
``(A) by the State of Massachusetts who is
operating under a Federal first class pilot's
license; or
``(B) under section 7101 of this title as a
Federal first class pilot who has made at least
20 round trips on a vessel as a quartermaster,
wheelsman, able seaman, or apprentice pilot, or
in an equivalent capacity, including--
``(i) at least 1 round trip through
Buzzards Bay in the preceding 12-month
period; and
``(ii) if the vessel will be
navigating in periods of darkness in an
area of Buzzards Bay where a vessel is
required by regulation to have a pilot,
at least 5 round trips through Buzzards
Bay during periods of darkness.''.
SEC. __. DELEGATION OF AUTHORITY TO CLASSIFICATION SOCIETIES REGARDING
OFFSHORE FACILITIES.
(a) In General.--Section 3316 of title 46, United States
Code, is amended by adding at the end the following new
subsection:
``(d)(1) The Secretary may delegate to the American Bureau of
Shipping or another classification society recognized by the
Secretary as meeting acceptable standards for such a society,
for a United States offshore facility, the authority to--
``(A) review and approve plans required for issuing a
certificate of inspection, a certificate of compliance,
or any other certification and related documents issued
by the Coast Guard pursuant to regulations issued under
section 30 of the Outer Continental Shelf Lands Act (43
U.S.C. 1356); and
``(B) conduct inspections and examinations.
``(2) The Secretary may make a delegation under paragraph (1)
to a foreign classification society only if--
``(A) the foreign society has offices and maintains
records in the United States; and
``(B)(i) the government of the foreign country in
which the foreign society is headquartered delegates
that authority to the American Bureau of Shipping; or
``(ii) the Secretary has entered into an agreement
with the government of the foreign country in which the
foreign society is headquartered that--
``(I) ensures the government of the foreign
country will accept plan review, inspections,
or examinations conducted by the American
Bureau of Shipping and provide equivalent
access to inspect, certify, and provide related
services to offshore facilities located in that
country or operating under the authority of
that country; and
``(II) is in full accord with principles of
reciprocity in regards to any delegation
contemplated by the Secretary under paragraph
(1).
``(3) If an inspection or examination is conducted under
authority delegated under this subsection, the person to which
the authority was delegated--
``(A) shall maintain in the United States complete
files of all information derived from or necessarily
connected with the inspection or examination for at
least 2 years after the United States offshore facility
ceases to be certified; and
``(B) shall permit access to those files at all
reasonable times to any officer, employee, or member of
the Coast Guard designated--
``(i) as a marine inspector and serving in a
position as a marine inspector; or
``(ii) in writing by the Secretary to have
access to those files.
``(4) For purposes of this subsection--
``(A) the term `offshore facility' means any
installation, structure, or other device (including any
vessel not documented under chapter 121 of this title
or the laws of another country), fixed or floating,
that dynamically holds position or is temporarily or
permanently attached to the seabed or subsoil under the
sea; and
``(B) the term `United States offshore facility'
means any offshore facility, fixed or floating, that
dynamically holds position or is temporarily or
permanently attached to the seabed or subsoil under the
territorial sea of the United States or the outer
Continental Shelf (as that term is defined in section 2
of the Outer Continental Shelf Lands Act (43 U.S.C.
1331)), including any vessel, rig, platform, or other
vehicle or structure subject to regulation under
section 30 of the Outer Continental Shelf Lands Act (43
U.S.C. 1356).''.
(b) Review and Approval of Classification Society Required.--
Section 3316(c) of title 46, United States Code, is amended by
striking so much as precedes paragraph (2) and inserting the
following:
``(c)(1) A classification society (including an employee or
agent of that society) may not review, examine, survey, or
certify the construction, repair, or alteration of a vessel in
the United States unless the society has applied for approval
under this subsection and the Secretary has reviewed and
approved that society with respect to the conduct of that
society under paragraph (2).''.
Page 215, line 11, strike ``United States Coast Guard'' and
insert ``Coast Guard''.
Page 215, beginning at line 15, strike ``U.S. Coast Guard''
and insert ``Coast Guard''.
Page 218, line 17, strike ``United States Coast Guard'' and
insert ``Coast Guard''.
Page 221, beginning at line 12, strike ``United States Coast
Guard'' and insert ``Coast Guard''.
Page 226, beginning at line 5, strike ``this section or a
regulation under this section'' and insert ``the log book or
reporting requirements required under subsection (g)''.
Page 230, line 22, strike ``United States Coast Guard'' and
insert ``Coast Guard''.
Page 231, strike lines 17 through 21 and insert the
following:
``A person who uses force at sea to defend a vessel against
an act of piracy shall not be liable for monetary damages in
any action brought with respect to harm caused by such use of
force to anyone engaging in such act of piracy, unless the
person using such force knew at the time that it was
substantially in excess of what was reasonable in defending the
vessel against such act of piracy.''.
Page 235, line 5, after ``local'' insert a comma.
Page 235, line 13, strike ``and''.
Page 235, line 15, strike the period and insert ``; and''.
Page 235, after line 15, insert the following new
subparagraph:
(C) architecture for integrated interagency
targeting.
Page 237, strike lines 21 and 22 and insert the following:
``Department of Homeland Security; and''.
Page 238, line 9, strike ``2008'' and insert ``2010''.
Page 242, line 5, before the period insert ``and facial and
iris scan technology''.
Page 242, after line 5, add the following new subsection:
(e) Study on Combination of Facial and Iris Recognition.--
(1) Study required.--The Secretary of Homeland
Security shall carry out a study on the use by the
Coast Guard of the combination of facial and iris
recognition 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) establishment of integrated face and iris
features for accurate identification of
individuals.
(2) Purpose of study.--The purpose of the study
required by paragraph (1) is to facilitate the use of a
combination of facial and iris recognition to provide a
higher probability of success in identification than
either approach on its own and to achieve
transformational advances in the flexibility,
authenticity, and overall capability of integrated
biometric detectors and satisfy one of major issues
with war against terrorists. The operational goal of
the study should be to provide the capability to
nonintrusively collect biometrics (face image, iris) in
an accurate and expeditious manner to assist the Coast
Guard in fulfilling its mission to protect and support
national security.
Page 243, line 4, strike ``Card'' and insert ``Credential''.
Page 243, line 23, strike ``(3)'' and insert ``(4)''.
Page 244, line 1, strike ``(4)'' and insert ``(5)''.
Page 244, strike line 5 and all that follows through page
245, line 2 (and redesignate accordingly).
Page 248, strike line 8 and all that follows through page
250, line 11, and insert the following:
SEC. __. WATERSIDE SECURITY OF CERTAIN DANGEROUS CARGO.
(a) National Study.--
(1) In general.--The Secretary of Homeland Security,
acting through the Commandant of the Coast Guard,
shall--
(A) initiate a national study to identify
measures to improve the security of maritime
transportation of certain dangerous cargo; and
(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, certain
dangerous 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 Assessment 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, certain dangerous cargo, including--
(i) the number of ports in which
State and local law enforcement
entities are providing any services to
enforce Coast Guard-imposed security
zones around vessels transiting to,
through, or from United States ports or
to conduct security patrols in United
States ports;
(ii) the number of formal agreements
entered into between the Coast Guard
and State and local law enforcement
entities to engage State and local law
enforcement entities in the enforcement
of Coast Guard-imposed security zones
around vessels transiting to, through,
or from United States ports or the
conduct of port security patrols in
United States ports, the duration of
those agreements, and the aid that
State and local entities are engaged to
provide through such agreements;
(iii) the extent to which the Coast
Guard has set national standards for
training, equipment, and resources to
ensure that State and local law
enforcement entities engaged in
enforcing Coast Guard-imposed security
zones around vessels transiting to,
through, or from United States ports or
in conducting port security patrols in
United States ports (or both) can deter
to the maximum extent practicable a
transportation security incident;
(iv) the extent to which the Coast
Guard has assessed the ability of State
and local law enforcement entities to
carry out the security assignments that
they have been engaged to perform,
including their ability to meet any
national standards for training,
equipment, and resources that have been
established by the Coast Guard in order
to ensure that those entities can deter
to the maximum extent practicable a
transportation security incident;
(v) the extent to which State and
local law enforcement entities are able
to meet national standards for
training, equipment, and resources
established by the Coast Guard to
ensure that those entities can deter to
the maximum extent practicable a
transportation security incident;
(vi) the differences in law
enforcement authority, and particularly
boarding authority, between the Coast
Guard and State and local law
enforcement entities, and the impact
that these differences have on the
ability of State and local law
enforcement entities to provide the
same level of security that the Coast
Guard provides during the enforcement
of Coast Guard-imposed security zones
and the conduct of security patrols in
United States ports; and
(vii) the extent of resource,
training, and equipment differences
between State and local law enforcement
entities and the Coast Guard units
engaged in enforcing Coast Guard-
imposed security zones around vessels
transiting to, through, or from United
States ports or conducting security
patrols in United States ports;
(C) recommendations for risk-based security
measures to improve waterside security of
vessels carrying, and waterfront facilities
handling, certain dangerous 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, acting through
the Commandant, shall submit to the Committees on
Homeland Security and Transportation and Infrastructure
of the House of Representatives and the Committees on
Commerce, Science, and Transportation and Homeland
Security and Governmental Affairs of the Senate a
report on the 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, acting through the Commandant, shall develop, in
conjunction with appropriate Federal agencies, a national
strategy for the waterside security of vessels carrying, and
waterfront facilities handling, certain dangerous cargo. The
strategy shall utilize the results of the study required by
subsection (a).
(c) Security of Certain Dangerous Cargo.--
(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 certain dangerous
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) Limitation on reliance on state and local
government.--Any security arrangement approved after
the date of enactment of this Act to assist in the
enforcement of any security zone established by the
Coast Guard around a vessel carrying a certain
dangerous cargo or around a waterfront facility
handling a certain dangerous cargo may not be based
upon the provision of security by a State or local
government unless the Secretary, acting through the
Commandant of the Coast Guard, ensures that the
waterborne patrols operated as part of that security
arrangement by a State or local government have the
training, resources, personnel, and experience
necessary to carry out the security responsibilities
that they have been engaged to perform in order, to the
maximum extent practicable, to deter and respond to a
transportation security incident.
(3) Determination required for new facilities.--The
Secretary of Homeland Security, acting through the
Commandant of the Coast Guard, may not approve a
facility security plan under section 70103 of title 46,
United States Code, for a new facility the construction
of which is begun after the date of enactment of this
Act, that receives or ships through maritime commerce
certain dangerous cargo unless the Secretary determines
that there are sufficient resources available to ensure
compliance with the facility security plan.
(4) Resource deficiency reporting.--The Secretary,
acting through the Commandant of the Coast Guard, shall
provide to the Committees on Homeland Security and
Transportation and Infrastructure of the House of
Representatives and the Committees on Commerce,
Science, and Transportation and Homeland Security and
Governmental Affairs of the Senate 90 days after the
end of each fiscal year a report indicating--
(A) the number of security zones established
for certain dangerous cargo shipments;
(B) the number of certain dangerous cargo
shipments provided a waterborne security
escort, subdivided by Federal, State, local, or
private security; and
(C) an assessment as to any additional
vessels, personnel, infrastructure, and other
resources necessary to provide waterborne
escorts to those certain dangerous cargo
shipments for which a security zone is
established.
(d) Definitions.--For the purposes of this section, the
following definitions apply:
(1) Certain dangerous cargo.--The term ``certain
dangerous cargo'' means a material, or a group or class
of material, in a particular amount and form that the
Secretary, through the Commandant, determines by
regulation poses a significant risk of creating a
transportation security incident while being
transported in maritime commerce.
(2) Area maritime security committee.--The term
``Area Maritime Security Committee'' means each of
those committees responsible for producing Area
Maritime Transportation Security Plans under chapter
701 of title 46, United States Code.
(3) Transportation security incident.--The term
``transportation security incident'' has the same
meaning as that term has in section 70101 of title 46,
United States Code.
Page 250, line 14, strike ``Determination'' and insert
``Recommendation''.
Page 250, lines 17 and 23, strike ``determination'' each
place it appears and insert ``recommendation''.
Page 251, strike line 12 and all that follows through page
254, line 13.
Page 254, line 22, strike ``September 23, 2009'' and insert
``the date of enactment of this Act''.
Page 255, after line 6, insert the following new section:
SEC. __. ASSESSMENT OF THE FEASIBILITY OF EFFORTS TO MITIGATE THE
THREAT OF SMALL BOAT ATTACK IN MAJOR PORTS.
The Secretary of the department in which the Coast Guard is
operating shall assess and report to Congress on the
feasibility of efforts to mitigate the threat of small boat
attack in security zones of major ports, including specifically
the use of transponders or radio frequency identification
devices to track small boats.
Page 255, line 25, strike ``United States Coast Guard'' and
insert ``Coast Guard''.
At the end of title XI (page 255, after line 6), add the
following new sections:
SEC. ___. REPORT AND RECOMMENDATION FOR UNIFORM SECURITY BACKGROUND
CHECKS.
Not later than one 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 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
(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. ___. ANIMAL-PROPELLED VESSELS.
Notwithstanding section 70105 of title 46, United States
Code, the Secretary shall not require an individual to hold a
transportation security card, or be accompanied by another
individual who holds such a card if--
(1) the individual has been issued a license,
certificate of registry, or merchant mariner's document
under part E of subtitle II of title 46, United States
Code;
(2) the individual is not allowed unescorted access
to a secure area designated in a vessel or facility
security plan approved by the Secretary; and
(3) the individual is engaged in the operation of a
live animal-propelled vessel.
SEC. ___. REQUIREMENTS FOR ISSUANCE OF TRANSPORTATION SECURITY CARDS;
ACCESS PENDING ISSUANCE; REDUNDANT BACKGROUND
CHECKS.
Section 70105 of title 46, United States Code, is amended by
adding at the end the following new subsections:
``(n) 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.
``(o) 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.
``(p) Receipt of Cards.--Within 180 days after the date of
enactment of the Transportation Security Administration
Authorization Act, the Secretary shall develop a process to
permit an individual approved for a transportation security
card under this section to receive the card at the individual's
place of residence.
``(q) Fingerprinting.--The Secretary shall establish
procedures providing for an individual who is required to be
fingerprinted for purposes of this section to be fingerprinted
at facilities operated by or under contract with an agency of
the Department of the Secretary that engages in fingerprinting
the public for transportation security or other security
purposes.
``(r) Redundant Background Checks.--The Secretary shall
prohibit a State or political subdivision thereof from
requiring a separate security background check for any purpose
for which a transportation security card is issued under this
section. The Secretary may waive the application of this
subsection with respect to a State or political subdivision
thereof if the State or political subdivision demonstrates a
compelling homeland security reason that a separate security
background check is necessary.''.
SEC. ___. 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. __. ADMINISTRATION OF MARITIME SECURITY.
(a) Establish Maritime Security as a Coast Guard Function.--
Chapter 5 of title 14, United States Code, is further amended
by adding at the end the following new section:
``Sec. 103. Maritime security
``To protect life, property, and the environment on, under,
and over waters subject to the jurisdiction of the United
States and on vessels subject to the jurisdiction of the United
States, the Commandant shall promote maritime security as
follows:
``(1) By taking actions necessary in the public
interest to protect such life, property, and the
environment.
``(2) Based on priorities established by the
Commandant including--
``(A) protecting maritime borders from all
intrusions, reducing the risk from terrorism to
United States passengers at foreign and
domestic ports and in designated waterfront
facilities, and preventing and responding to
terrorist attacks and other homeland security
threats;
``(B) protecting critical maritime
infrastructure and other key resources; and
``(C) preventing, to the maximum extent
practicable, a transportation security incident
as defined in section 70101 of title 46.''.
(b) Clerical Amendment.--The analysis at the beginning of
such chapter is further amended by adding at the end the
following new item:
``103. Maritime security.''.
(c) Maritime Security Staff.--
(1) In general.--Chapter 3 of title 14, United States
Code, is further amended by adding at the end the
following new sections:
``Sec. 60. Maritime security workforce
``(a) Designation of Maritime Security Workforce.--
``(1) In general.--The Secretary, acting through the
Commandant, shall ensure appropriate coverage of
maritime security missions within the workforce in each
sector.
``(2) Required positions.--In designating positions
under paragraph (1), the Secretary shall include the
following maritime security-related positions:
``(A) Program oversight.
``(B) Counterterrorism functions.
``(C) Counterintelligence functions.
``(D) Criminal investigations related to
maritime security.
``(E) Port security enforcement.
``(F) Any other activities that the
Commandant deems as necessary.
``(3) Maritime security management activities.--The
Secretary shall also designate under paragraph (1)
those maritime security-related management positions
located at Coast Guard headquarters, Coast Guard
Readiness Command, Coast Guard Operations Command, the
Deployable Operations Group, and the Intelligence
Coordination Center.
``(b) Career Paths.--The Secretary, acting through the
Commandant, may establish appropriate career paths for civilian
and military Coast Guard personnel who wish to pursue careers
in maritime security 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 maritime security positions. The Secretary shall
make available published information on such career paths.
``(c) Balanced Workforce Policy.--In the development of
maritime security workforce policies under this section with
respect to any civilian employees or applicants for employment
with the Coast Guard, the Secretary shall, consistent with the
merit system principles set out in paragraphs (1) and (2) of
section 2301(b) of title 5, take into consideration the need to
maintain a balanced workforce in which women and members of
racial and ethnic minority groups are appropriately represented
in Government service.
``(d) Sector Chief of Maritime Security.--
``(1) In general.--The Commandant may assign, as
appropriate, a Chief of Maritime Security 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.
``(2) Functions.--The Chief of Maritime Security for
a sector--
``(A) is responsible for all individuals who,
on behalf of the Coast Guard, conduct port
security operations, counterterrorism
operations, intelligence and
counterintelligence operations, and support
national defense operations; and
``(B) if not the Coast Guard officer in
command of that sector, is the principal
advisor to the Sector Commander regarding
maritime security matters in that sector.
``(f) Signatories of Letter of Qualification.--Each
individual signing a letter of qualification for maritime
security personnel must hold a letter of qualification for the
type being certified.
``Sec. 61. Centers of expertise for maritime security
``(a) Establishment.--The Commandant may establish and
operate one or more centers of Maritime Security (in this
section referred to as a `Center').
``(b) Missions.--The Centers shall--
``(1) be used to facilitate education, training, and
research in maritime security including maritime domain
awareness, counterterrorism policy and operations, and
intelligence collection, fusion, and dissemination;
``(2) develop a repository on information on maritime
security; and
``(3) perform any other function 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 service for a
Center, including administration and allocation of
funds.
``(d) Acceptance of Donations.--
``(1) In general.--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.
``(2) Guidance.--The Commandant shall prescribe
written guidance setting forth the criteria to be used
in determining if the acceptance of a donation is
appropriate.''.
(2) Clerical amendment.--The analysis at the
beginning of such chapter is further amended by adding
at the end the following new items:
``60. Maritime security workforce.
``61. Centers of expertise for maritime security.''.
(d) Powers and Duties.--Section 93 of title 14, United States
Code, is amended by adding at the end the following new
subsection:
``(e) In exercising the Commandant's duties and
responsibilities with regard to maritime security, the
Commandant shall designate a flag officer to serve as the
principal advisor to the Commandant for maritime security. The
designee shall have at least 10 years combined experience in
operations, intelligence, counterterrorism,
counterintelligence, port security, criminal investigations
(except maritime casualty investigations), and port security or
other maritime security functions, and at least four years of
leadership experience at a staff or unit carrying out maritime
security functions.''.
Page 268, line 10, insert ``(a) In General.--'' before
``Notwithstanding''.
Page 268, after line 23, insert the following:
(6) St. Mary's Cement (United States official number
699114).
(b) Drydock Waiver.--Notwithstanding sections 12112, 55102,
and 55103 of title 46, United States Code, the Secretary of the
department in which the Coast Guard is operating may issue a
certificate of documentation the appropriate endorsement for
engaging in the coastwise trade in Ketchikan, Alaska, for the
Dry Dock #2, State of Alaska registration AIDEA FDD-2.
Page 269, after line 22, insert the following new
subparagraph (and make appropriate conforming changes):
``(L) evaluate the employment base supported
by the Great Lakes marine transportation
system, including the number and types of jobs,
and general demographics about the employees
holding those jobs, such as their gender and
age;
Page 290, strike line 13 and all that follows through page
292, line 24.
Page 300, strike line 3 and all that follows through page
301, line 19.
Page 307, after line 5, insert the following new subsection:
(e) Savings Provision.--Nothing in this section shall be
construed to affect or limit the application of, or any
obligation to comply with, any environmental law, including the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.).
Page 308, strike line 1 and all that follows through line 20
and insert the following new paragraph:
(2) Costs of conveyance.--The City shall be
responsible for all reasonable and necessary costs,
including real estate transaction and environmental
documentation costs, associated with the transaction.
Page 310, line 16, add at the end the following new sentence:
``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.''.
Page 311, strike line 17 and all that follows through page
312, line 4, and insert the following new subsection (and
redesignate accordingly):
(e) Costs of Conveyance.--The purchaser shall be responsible
for all reasonable and necessary costs, including real estate
transaction and environmental documentation costs, associated
with the transaction.
At the end of title XIII (page 312, after line 22), add the
following new sections:
SEC. __. DISCHARGES INCIDENTAL TO NORMAL OPERATION OF VESSELS.
Public Law 110-299 (122 Stat. 2995, 33 U.S.C. 1342 note) is
amended in section 2(a) by striking ``during the 2-year period
beginning on the date of enactment of this Act'' and inserting
``during the period beginning on the date of enactment of this
Act and ending December 18, 2013''.
SEC. __. TALL SHIP CHALLENGE RACE.
(a) Findings.--The Congress finds that--
(1) The Tall Ship Challenge race will occur on the
Great Lakes in 2010;
(2) the ships will race through all five Great Lakes,
two Canadian provinces, and five American States for
the first time;
(3) the ships will also promote water conservation
education and training of youth; and
(4) thousands of Americans will visit the ships when
they are in United States ports.
(b) Ensuring Participation.--The Congress urges the
Commandant of the Coast Guard to take all initiative necessary
to ensure that tall ships can participate in the Tall Ship
Challenge race in a safe manner including modifications to the
pilotage requirements under the authority of section 2113 of
title 46, United States Code.
SEC. __. HAITIAN MARITIME CADETS.
Section 51304 of title 46, United States Code, is amended by
adding at the end the following:
``(e) Haiti.--The Secretary of Transportation, with the
approval of the Secretary of State, may appoint individuals
from Haiti to receive instruction at the Academy. Individuals
appointed under this subsection are in addition to those
appointed under any other provision of this chapter.''.
SEC. __. ALTERNATIVE LICENSING PROGRAM FOR OPERATORS OF UNINSPECTED
PASSENGER VESSELS ON LAKE TEXOMA IN TEXAS AND
OKLAHOMA.
(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.--
(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 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 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;
(iii) does not provide for the
suspension and revocation of State
licenses; or
(iv) does not make an individual, who
is ineligible for a license issued
under title 46, United States Code,
ineligible for a State license; or
(B) the Governor (or the Governor's designee)
fails to report pursuant to subsection (b), the
Secretary shall terminate the agreement
authorized by this section, provided that the
Secretary provides written notice to the
Governor of the State 60 days in advance of
termination. The findings of fact and
conclusions of the Secretary, if based on a
preponderance of the evidence, shall be
conclusive.
(2) The Governor of the State may terminate the
agreement authorized by this section, provided that the
Governor provides written notice to the Secretary 60
days in advance of the termination date.
(e) Existing Authority.--Nothing in this section shall affect
or diminish the authority or jurisdiction of any Federal or
State officer to investigate, or require reporting of, marine
casualties.
(f) Definitions.--For the purposes of this section, the term
``uninspected passenger vessel'' has the same meaning such term
has in section 2101(42)(B) of title 46, United States Code.
SEC. __. IMPROVEMENTS TO REDUCE HUMAN ERROR AND NEAR-MISS INCIDENTS.
(a) Report.--Within 1 year after the date of enactment of
this Act, the Secretary of the department in which the Coast
Guard is operating shall transmit a report to the House of
Representatives Committee on Transportation and Infrastructure
and the Senate Committee on Commerce, Science, and
Transportation that, using available data--
(1) identifies the types of human errors that,
combined, account for over 50 percent of all oils
spills involving vessels that have been caused by human
error in the past 10 years;
(2) identifies the most frequent types of near-miss
oil spill incidents involving vessels such as
collisions, groundings, and loss of propulsion in the
past 10 years;
(3) describes the extent to which there are gaps in
the data with respect to the information required under
paragraphs (1) and (2) and explains the reason for
those gaps; and
(4) includes recommendations by the Secretary to
address the identified types of errors and incidents to
address 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, both domestically and at the International
Maritime Organization, to reduce the risk of oil spills caused
by human error.
SEC. __. 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--
(1) in subsection (c)(1), by striking ``December 31,
2009'' and inserting ``December 31, 2011'';
(2) in subsection (d)(1), by striking ``its proposed
public aquarium'' and inserting ``a new building in
compliance with the waterfront provisions of the City
of Portland Code of Ordinances adjacent to the pier and
bulkhead''; and
(3) 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.''.
SEC. __. TUG ESCORTS FOR LADEN OIL TANKERS.
Within 1 year after the date of enactment of this Act, the
Secretary of State, in consultation with the Commandant of the
Coast Guard, is encouraged to enter into negotiations with the
Government of Canada to ensure that tugboat escorts are
required for all tank ships with a capacity over 40,000
deadweight tons in the Strait of Juan de Fuca, Strait of
Georgia, and in Haro Strait. The Commandant shall consult with
the State of Washington and affected tribal governments during
negotiations with the Government of Canada.
----------
2. An Amendment To Be Offered by Representative Mica, John of Florida
or His Designee, Debatable for 10 Minutes
Page 312, after line 22, add the following new section:
SEC. __. BACKGROUND CHECKS.
(a) Report.--Not later than one year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Transportation and
Infrastructure and the Committee on Homeland Security of the
House of Representatives 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 conflict with Federal programs;
(3) a determination as to whether such background
checks and forms of identification assist State and
local governments in carrying out the safety, security,
and law enforcement responsibilities of those
governments; and
(4) recommendations on methods, procedures, and
regulations that will--
(A) minimize redundant background checks and
forms of identification required for access to
port facilities; and
(B) facilitate the sharing of background
check and identification data with State and
local governments when the sharing of such data
assists those governments in carrying out their
safety, security, and law enforcement
responsibilities.
(b) Limitation With Respect to Vessel and Facility Security
Plans.--The Secretary of the department in which the Coast
Guard is operating shall not prohibit a State or political
subdivision thereof from requiring a separate background check
for entry into any area covered by a vessel or facility
security plan required under subsection 70103(c) of title 46,
United States Code.
----------
3. An Amendment To Be Offered by Representative Hastings, Alcee of
Florida or His Designee, Debatable for 10 Minutes
Page 312, after line 22, add the following new section:
SEC. __. STUDY AND REPORT REGARDING EFFECTS RESULTING FROM CHANGES IN
UNITED STATES IMMIGRATION POLICY TOWARD HAITI.
The Secretary of the department in which the Coast Guard is
operating shall conduct a study and submit a report to Congress
within 180 days after the date of the enactment of this Act
examining the Coast Guard's current ability to respond to any
possible short- and long-term effects resulting from changes in
United States immigration policy toward Haiti. The study and
report shall examine several likely scenarios and draw upon
past experiences with changes to immigration policy with
regards to Haiti.
----------
4. An Amendment To Be Offered by Representative LoBiondo, Frank of New
Jersey or His Designee, Debatable for 10 Minutes
Page 312, after line 22, add the following new title:
TITLE __--SERVICEMEMBER BENEFITS IMPROVEMENT
SEC. _01. SHORT TITLE.
This title may be cited as the ``United States Coast Guard
Servicemember Benefits Improvements Act''.
SEC. _02. COAST GUARD HOUSING.
(a) In General.--The Secretary of the department in which the
Coast Guard is operating shall conduct a study of military
family housing and military unaccompanied housing available to
members and officers of the Coast Guard.
(b) Components of the Study.--The study required in
subsection (a) shall include--
(1) an inventory of all military family housing and
military unaccompanied housing units administered by
the Coast Guard and their locations;
(2) a review of the physical condition of such units;
(3) a review of the availability of housing units
administered by the Coast Guard to members and officers
assigned to field units of the Coast Guard;
(4) a review of the availability of housing units
administered by the other armed services to members and
officers assigned to field units of the Coast Guard;
and
(5) recommendations on statutory authorities that are
necessary to improve availability of military housing
to members and officers of the Coast Guard.
(c) Report.--The Secretary shall submit a report including
the findings and recommendations of the study required under
subsection (a) to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate not later than 1 year after the date of enactment of
this Act.
SEC. _03. CHILD DEVELOPMENT SERVICES.
Section 515 of title 14, United States Code, is amended--
(1) by striking subsection (b) and inserting the
following:
``(b)(1) The Commandant is authorized to use appropriated
funds available to the Coast Guard to provide child development
services.
``(2)(A) The Commandant is authorized to establish, by
regulations, fees to be charged parents for the attendance of
children at Coast Guard child development centers.
``(B) Fees to be charged, pursuant to subparagraph (A), shall
be based on family income, except that the Commandant may, on a
case-by-base basis, establish fees at lower rates if such rates
would not be competitive with rates at local child development
centers.
``(C) The Commandant is authorized to collect and expend
fees, established pursuant to this subparagraph, and such fees
shall, without further appropriation, remain available until
expended for the purpose of providing services, including the
compensation of employees and the purchase of consumable and
disposable items, at Coast Guard child development centers.
``(3) The Commandant is authorized to use appropriated funds
available to the Coast Guard to provide assistance to family
home daycare providers so that family home daycare services can
be provided to uniformed servicemembers 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. _04. 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. _05. COAST GUARD CROSS; SILVER STAR MEDAL.
(a) Coast Guard Cross.--Chapter 13 of title 14, United States
Code, is amended by inserting after section 491 the following
new section:
``Sec. 491a. Coast Guard cross
``The President may award a Coast Guard cross of appropriate
design, with ribbons and appurtenances, to a person who, while
serving in any capacity with the Coast Guard, when the Coast
Guard is not operating under the Department of the Navy,
distinguishes himself or herself by extraordinary heroism not
justifying the award of a medal of honor--
``(1) while engaged in an action against an enemy of
the United States;
``(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 heading of section 492a and
inserting the following:
``Sec. 492b. Distinguished flying cross'';
and
(2) by inserting after section 492 the following new
section:
``Sec. 492a. Silver star medal
``The President may award a silver star medal of appropriate
design, with ribbons and appurtenances, to a person who, while
serving in any capacity with the Coast Guard, when the Coast
Guard is not operating under the Department of the Navy, is
cited for gallantry in action that does not warrant a medal of
honor or Coast Guard cross--
``(1) while engaged in an action against an enemy of
the United States;
``(2) while engaged in military operations involving
conflict with an opposing foreign force or
international terrorist organization; or
``(3) while serving with friendly foreign forces
engaged in an armed conflict against an opposing armed
force in which the United States is not a belligerent
party.''.
(c) Conforming Amendments.--Such chapter is further amended--
(1) in section 494, by striking ``distinguished
service medal, distinguished flying cross,'' and
inserting ``Coast Guard cross, distinguished service
medal, silver star medal, distinguished flying cross,''
in both places it appears;
(2) in section 496--
(A) in the matter preceding paragraph (1) of
subsection (a), by striking ``distinguished
service medal, distinguished flying cross,''
and inserting ``Coast Guard cross,
distinguished service medal, silver star medal,
distinguished flying cross,''; and
(B) in subsection (b)(2), by striking
``distinguished service medal, distinguished
flying cross,'' and inserting ``Coast Guard
cross, distinguished service medal, silver star
medal, distinguished flying cross,''; and
(3) in section 497, by striking ``distinguished
service medal, distinguished flying cross,'' and
inserting ``Coast Guard cross, distinguished service
medal, silver star medal, distinguished flying
cross,''.
(d) Clerical Amendments.--The analysis at the beginning of
such chapter is amended--
(1) by inserting after the item relating to section
491 the following new item:
``491a. Coast Guard cross.''.
(2) by striking the item relating to section 492a and
inserting the following new items:
``492a. Silver star medal.
``492b. Distinguished flying cross.''.
____________________________________________________
5. An Amendment To Be Offered by Representative LoBiondo, Frank of New
Jersey or His Designee, Debatable for 10 Minutes
At the end of title II, add the following:
SEC. __. SUPPLEMENTAL POSITIONING SYSTEM.
(a) Study Required.--The Secretary, in consultation with the
Secretary of Transportation and other heads of appropriate
Federal departments, shall conduct a study to determine whether
there is a continued need for a supplemental air and maritime
navigation system as a backup to the Global Positioning System.
(b) Study Components.--The study shall--
(1) analyze the impact of the termination of a
supplemental system may have on maritime and aviation
safety, including general aviation;
(2) review national navigational capabilities
available in the event of a loss of the Global
Positioning System;
(3) investigate the capabilities of currently
available radionavigational technologies and systems,
including the LORAN-C program currently operated by the
Coast Guard as well as modernized LORAN systems, and
costs and infrastructure requirements necessary to
establish a supplemental system nationwide; and
(4) include recommendations for future courses of
action.
(c) Public Comment.--The Secretary shall--
(1) publish in the Federal Register a draft report
containing findings, conclusions, and recommendations
from the study required by subsection (a);
(2) accept public comments regarding such draft
report for a period of not less than 60 days after the
date the draft report is published in the Federal
Register; and
(3) consider any such public comments in the
preparation of a final report under subsection (d).
(d) Final Report.--The Secretary shall submit a final report,
including the findings and recommendations, of the study
required under subsection (a) and responses to comments
gathered under subsection (c) to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate not later than 1 year after the
enactment of this Act.
(e) Secretary Defined.--As used in this section, the term
``Secretary'' means the Secretary of the department in which
the Coast Guard is operating.
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6. An Amendment To Be Offered by Representative Himes, James of
Connecticut or His Designee, Debatable for 10 Minutes
Page 232, beginning at line 13, strike section 1101 and
insert the following:
SEC. __. AMERICA'S WATERWAY WATCH PROGRAM.
(a) Short Title.--This section may be cited as the
``America's Waterway Watch Act''.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Homeland Security should establish, within the
Department of Homeland Security, citizen watch programs that
promote voluntary reporting of suspected terrorist activity and
suspicious behavior.
(c) America's Waterway Watch Program.--
(1) In general.--There is hereby established, within
the Coast Guard, the America's Waterway Watch Program
(hereinafter in this section referred to as the
``Program'').
(2) Purpose.--The Secretary of Homeland Security,
acting through the Commandant of the Coast Guard, 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 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, United States Code) against a vessel,
facility, port, or waterway.
(3) Information; training.--
(A) Information.--The Secretary, acting
through the Commandant, may establish, as an
element of the Program, a network of
individuals and community-based organizations
that 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.
(B) Training.--The Secretary, acting through
the Commandant, may provide training in--
(i) observing and reporting on
covered activities; and
(ii) sharing such reports and
coordinating the response by Federal,
State, and local law enforcement
agencies.
(4) Instructional materials.--
(A) In general.--The Secretary of Homeland
Security, acting through the Commandant of the
Coast Guard, may--
(i) develop instructional materials
that--
(I) provide information on
inland waterways, ports and
harbors, and coastal regions
for a specific region, as well
as specific vulnerabilities and
threats common to a specific
region; and
(II) promote voluntary
reporting of activities that
may indicate that a person or
persons may be preparing to
engage 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,
United States Code) against a
vessel, facility, port, or
waterway; and
(ii) distribute such materials to
States, political subdivisions of the
States, or non-governmental
organizations that provide instruction
on boating or vessel operation in
conjunction with any other instruction
provided.
(B) Dissemination.--The Secretary, acting
through the Commandant--
(i) shall ensure that such materials
are made available to any person or
persons; and
(ii) is authorized to require, as a
condition of receipt of funding or
materials, pursuant to subparagraph
(A), that the recipient of such funding
or materials develops a program to
reach the widest possible audience.
(C) Eligibility, federal assistance.--The
receipt, use, and dissemination of such
materials shall not diminish the eligibility of
any State, political subdivision of such State,
or non-governmental organization to receive
Federal assistance or reduce the amount of
Federal assistance that such State, political
subdivision of such State, or non-governmental
organization that otherwise receive.
(5) Voluntary participation.--Participation in the
Program--
(A) shall be wholly voluntary;
(B) 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
(C) shall not require disclosure of
information regarding the individual reporting
covered activities or, for proprietary
purposes, the location of such individual.
(6) Definitions.--In this subsection:
(A) The term ``covered activity'' means any
suspicious transaction, activity, or occurrence
that involves, or is directed against, a vessel
or facility (as that term is defined in section
70101(2) of title 46, United States Code)
indicating that an individual or individuals
may be preparing to engage, or engaging, in a
violation of law relating to--
(i) a threat to a vessel, facility,
port, or waterway; or
(ii) an act of terrorism (as that
term is defined in section 3077 of
title 18, United States Code).
(B) The term ``facility'' has the same
meaning such term has in section 70101(2) of
title 46, United States Code.
(7) Authorization of appropriations.--There is
authorized to be appropriated for the purposes of this
section $3,000,000 for fiscal years 2010 through 2015.
Such funds shall remain available until expended.
(d) 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 Homeland Security and Governmental Affairs of
the Senate and the Committee on Homeland Security of the House
of Representatives.
----------
7. An Amendment To Be Offered by Representative Flake, Jeff of Arizona
or His Designee, Debatable for 10 Minutes
Page 182, after line 14, insert the following:
(g) Prohibition on Earmarks.--None of the funds appropriated
for the Fishing Safety Training Grants Program pursuant to
section 4502(i) of title 46, United States Code, as amended by
this section, may be used for a Congressional earmark as
defined in clause 9(d) of rule XXI of the Rules of the House of
Representatives.
----------
8. An Amendment To Be Offered by Representative Flake, Jeff of Arizona
or His Designee, Debatable for 10 Minutes
Page 182, after line 14, insert the following:
(g) Prohibition on Earmarks.--None of the funds appropriated
for the Fishing Safety Research Grant Program pursuant to
section 4502(j) of title 46, United States Code, as amended by
this section, may be used for a Congressional earmark as
defined in clause 9(d) of rule XXI of the Rules of the House of
Representatives.
----------
9. An Amendment To Be Offered by Representative Kirkpatrick, Ann of
Arizona or Her Designee, Debatable for 10 Minutes
Page 312, after line 22, add the following new section:
SEC. __. 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 develop a 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 strategy 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.
----------
10. An Amendment To Be Offered by Representative Kratovil, Jr., Frank
of Maryland or His Designee, Debatable for 10 Minutes
Page 312, after line 22, add the following new section:
SEC. ___. REPORT ON THE EFFECT OF FACILITIES INFRASTRUCTURE ON MISSION
FULFILLMENT.
(a) Study.--The Commandant of the Coast Guard shall conduct a
national study on the facility infrastructure requirements
needed to fulfill the Coast Guard's prescribed missions and
capabilities, and ensure that the department in which the Coast
Guard is operating maintains the ability to utilize the latest
technologies.
(b) Report.--Within 180 days after the date of enactment of
this Act, the Commandant shall submit a report on the results
of the study conducted under subsection (a) to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate. The report shall include----
(1) an assessment of any current shortfalls in
facility infrastructure, including the extent of the
use of temporary trailers and an inventory of the
number and type of new facilities needed to meet the
Coast Guards's mission needs; and
(2) a plan for how the Commandant will develop the
appropriate facility infrastructure, including
timelines, budgets, and any additional legislative
authority the Commandant determines is required to
implement such plan.
----------
11. An Amendment To Be Offered by Representative Nye, Glenn of Virginia
or His Designee, Debatable for 10 Minutes
Page 312, after line 22, insert the following new section:
SEC. __. AUTHORITY OF THE COAST GUARD TO CARRY OUT ITS HOMELAND
SECURITY MISSIONS.
The provisions of this Act that relate to the Coast Guard's
marine safety mission shall not impair the authority of the
Coast Guard to carry out its homeland security missions,
including--
(1) protecting ports, waterways, and marine
transportation systems in the United States from acts
of terrorism;
(2) safeguarding the United States' international
borders from maritime intrusions by aliens seeking
unlawful entry into the United States, and from
individuals who aim to traffic in illegal drugs,
firearms, and weapons of mass destruction in the United
States;
(3) maintaining defense readiness, as one of the
armed forces, to rapidly mobilize and deploy defensive
security personnel during a national emergency;
(4) coordinating efforts with Federal, State, and
local intelligence agencies to deter, detect, and take
action against acts of terrorism;
(5) preventing human smuggling operations at ports,
on waterways, and throughout the marine transportation
system; and
(6) enhancing stability in the United States in
support of the national security strategy of the United
States as referred to in section 108 of the National
Security Act of 1947 (50 U.S.C. 404a).
----------
12. An Amendment To Be Offered by Representative Stupak of Michigan, or
His Designee, Debatable for 10 Minutes
At the end of title 1, add the following new section:
Sec.__.The Commandant of the Coast Guard shall conduct a
study and analysis of the feasibility of the restoring the
Fresnel Lens in the Presque Isle Light House in Presque Isle,
Michigan to operating condition to meet the safety needs of
commerce and submit within 180 days the report to the
Transportation & Infrastructure Committee after the date of
enactment of this Act.
----------
13. An Amendment To Be Offered by Representative LoBiondo of New
Jersey, or His Designee, Debatable for 10 Minutes
Page 312, after line 22, add the following new section:
SEC. __. USE OF FORCE AGAINST PIRACY.
(a) In General.--Notwithstanding title X of this Act, chapter
81 of title 46, United States Code, is amended by adding at the
end the following new section:
``Sec. 8107. Use of force against piracy
``(a) Limitation on Liability.--An owner, operator, time
charterer, master, or mariner who uses force, or authorizes the
use of force, to defend a vessel of the United States against
an act of piracy shall not be liable for any injury or death
caused by such force to any person participating in the act of
piracy.
``(b) 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 acts of piracy
against the vessels of, and in the waters under the
jurisdiction of, those nations, and to ensure limitations on
liability similar to those established by subsection (a).''.
(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''.