H.R.3619 Title: Coast Guard Authorization Act for Fiscal

H.R.3619
Title: Coast Guard Authorization Act for Fiscal Years 2010 and 2011
Sponsor: Rep Oberstar, James L. [MN-8] (introduced 9/22/2009)      Cosponsors (1)
Related Bills: H.RES.853, H.R.752, H.R.1485, H.R.1665, H.R.1747, H.R.2650, H.R.2651, H.R.2652, 
H.R.3360, H.R.3376, H.R.5346, S.588, S.1024, S.1124, S.1194
Latest Major Action: 5/7/2010 Passed/agreed to in Senate. Status: Passed Senate with an amendment by Unanimous Consent.
House Reports: 111-303 Part 1

SUMMARY AS OF:
5/7/2010--Passed Senate amended.    (There are 3 other summaries)

Coast Guard Authorization Act for Fiscal Years 2010 and 2011 - Title I: Authorizations - (Sec. 101) Authorizes FY2010-FY2011 appropriations for the Coast Guard, including for: (1) operation and maintenance; (2) acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft; (3) retired pay, payments under the Retired Serviceman's Family Protection and Survivor Benefit Plans, and payments for medical care of retired personnel and their dependents; (4) environmental compliance and restoration at Coast Guard facilities; (5) research, development, test, and evaluation programs related to maritime technology; and (6) the Coast Guard Reserve program.

(Sec. 102) Authorizes Coast Guard active duty personnel end-of-year strength as of September 30, 2010, and as of September 30, 2011.

Authorizes Coast Guard average military training student loads for FY2010 and FY2011 for: (1) recruit and special training; (2) flight training; (3) professional training in military and civilian institutions; and (4) officer acquisition.

Title II: Administration - (Sec. 201) Authorizes the Commandant of the Coast Guard to make grants to, or enter into cooperative agreements or contracts with, international maritime organizations for acquiring information about merchant vessel inspections, security, safety and environmental requirements, classification, and port state or flag state law enforcement or oversight.

(Sec. 202) Authorizes the Commandant to transfer or expend funds from any Coast Guard appropriation for certain assistance to foreign governments or maritime authorities, subject to approval by the Secreatry of State.

(Sec. 203) Authorizes Coast Guard industrial activities to accept orders and enter into agreements with establishments, agencies, and departments of the Department of Defense (DOD) and the Department of Homeland Security (DHS).

(Sec. 204) Defines "Coast Guard vessels and aircraft" (for provisions relating to stopping vessels, indemnity for firing at or into a vessel, and Coast Guard ensigns and pennants) as: (1) any vessel or aircraft owned, leased, transferred to, or operated by the Coast Guard and under the command of a Coast Guard member; or (2) any other vessel or aircraft under the tactical control of the Coast Guard on which one or more members of the Coast Guard are assigned and conducting Coast Guard missions.

Title III: Organization - (Sec. 301) Authorizes the President to designate up to four positions of vice admiral.

Revises provisions concerning the leadership of the Coast Guard, including by: (1) requiring that the Coast Guard Vice Commandant, while so serving, have the rank of admiral; and (2) replacing the current area commanders with vice admirals and revising their responsibilities.

States that the total number of Coast Guard commissioned officers on the active duty promotion list, excluding warrant officers, shall not exceed 7,200, and may be temporarily increased following the commissioning of a Coast Guard Academy class.

Sets forth officer grade distribution provisions.

Title IV: Personnel - (Sec. 401) Allows certain members of the Armed Forces serving on active duty 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 to retain up to 120 days of accumulated leave that otherwise would be forfeited at the end of a fiscal year.

(Sec. 402) Provides Coast Guard reservists with civil legal assistance.

(Sec. 403) Requires reimbursement for reasonable medical travel expenses of a covered beneficiary (other than active duty members or certain reserve members), including with regard to the Army, Navy, Air Force, Marine Corps, Coast Guard, the commissioned corps of the National Oceanic and Atmospheric Administration (NOAA), and the commissioned corps of the Public Health Service, who resides on an INCONUS (Inside the Continental United States) island that lacks public access roads to the mainland and is referred to a specialty care provider on the mainland, regardless of the distance of travel involved.

(Sec. 404) Authorizes the President to appoint temporary commissioned officers in the Coast Guard Reserve in a grade not above lieutenant from among the commissioned warrant officers of the Coast Guard Reserve.

(Sec. 405) Modifies selection board requirements.

(Sec. 406) Authorizes the Secretary of DHS to appoint DHS civilian employees as appellate military judges, available for assignment to the Coast Guard Court of Criminal Appeals.

(Sec. 407) Amends the Armed Forces Retirement Home Act of 1991 to include the Coast Guard in the Armed Forces retirement home system.

(Sec. 408) Caps wage payments for all claims in a class action suit by seamen on certain passenger vessels against a vessel master, owner, operator, or employer of the seamen at 10 times the unpaid wages that are the subject of the claims.

Requires any class action suit for seaman's wages on a passenger vessel to be commenced within three years of the later of: (1) the end of the last voyage for which wages are claimed; or (2) 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.

Allows a seaman on such a vessel to authorize deposit of the seaman's wages into a checking, savings, investment, retirement, or other account to secure a payroll or debit card for the seaman under specified circumstances.

Makes the provisions under this section applicable to foreign, coastal, and coastwise voyages.

(Sec. 409) Establishes in the Treasury the Support of Seafarers Fund.

Authorizes Fund payments for: (1) an alien crewman employed in any capacity on board a vessel subject to U.S. jurisdiction who enters the United States and who is involved in a Coast Guard investigation, or who has been abandoned in the United States; and (2) reimbursement of a shipowner who has filed a bond or surety and has provided necessary support of an alien crewman who has been paroled into the United States to facilitate a Coast Guard investigation.

Authorizes FY2010-FY2012 appropriations.

Title V: Acquisition Reform - (Sec. 501) Establishes in the Coast Guard a Chief Acquisition Officer who shall be selected by October 1, 2011.

(Sec. 502) Establishes an acquisition directorate to provide guidance and oversight for the implementation and management of all Coast Guard acquisition processes, programs, and projects.

Establishes a Coast Guard senior acquisition leadership team.

Prohibits assigning an individual as the program manager for: (1) a Level 1 acquisition unless the individual holds a Level III acquisition certification as a program manager; or (2) a Level 2 acquisition unless the individual holds a Level II acquisition certification as a program manager.

Requires the Commandant to: (1) issue guidance on the qualifications, resources, responsibilities, tenure, and accountability of acquisition program managers; (2) establish a management information system capability to improve acquisition workforce management and reporting; and (3) establish acquisition management as a core competency.

Prohibits the Commandant from using a private sector entity as a lead systems integrator for acquisition contracts, delivery orders, or task orders issued after enactment of this Act, except for National Security Cutters 2 and 3. Terminates the exception after the earlier of: (1) September 30, 2012; or (2) when the Commandant certifies to Congress that the Coast Guard has available and can retain sufficient contracting personnel and expertise in the public or private sector to perform the functions and responsibilities of the lead system integrator in an efficient and cost-effective manner.

Requires integrated product teams, and all teams that oversee integrated product teams, to be chaired by officers, members, or employees of the Coast Guard.

Requires the Commandant to make arrangements, as appropriate, with the Secretary of Defense for support in contracting and management of Coast Guard acquisition programs.

Prohibits entering into an undefinitized contractual action unless such action is directly approved by the Coast Guard's Head of Contracting Activity. Defines "undefinitized contractual action," subject to exception, as a new procurement action for which the contractual terms, specifications, or price are not agreed on before performance is begun under the action. Regulates such actions.

Requires the Commandant to: (1) take actions to support the establishment of mature and stable operational requirements for acquisitions; and (2) develop staffing predictions, define human capital performance initiatives, and identify preliminary training needs. Prohibits a Level 1 or Level 2 acquisition project or program from being implemented unless it is approved by the DHS Acquisition Review Board or the Joint Review Board.

Prohibits the Commandant from establishing a Level 1 or level 2 acquisition project or program until the Commandant: (1) clearly defines the project or program operational requirements; (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 alternatives. Requires compliance with applicable TEMPEST certification requirements.

Requires the Commandant to ensure that developmental test and evaluation, operational test and evaluation, life cycle cost estimates, and the development and demonstration requirements are met to confirm that the projects or programs meet the requirements described in the mission-needs statement, the operational-requirements document, and specified development and demonstration objectives.

Requires the Commandant to: (1) ensure there is a stable and efficient production and support capability to develop an asset or system; (2) conduct follow on testing to confirm and monitor performance and correct deficiencies; and (3) conduct acceptance tests and trails upon the delivery of each asset or system to ensure the delivered asset or system achieves full operational capability.

Requires the Commandant to report to Congress within 30 days after the Chief Acquisition Officer of the Coast Guard becomes aware, in a Level 1 or Level 2 acquisition program, of certain likely cost overruns or delays or an anticipated failure for any individual or class of capabilities or assets to satisfy any key performance threshold or parameter.

(Sec. 503) Requires the Comptroller General to report on pass-through charges on contracts, subcontracts, delivery orders, and task orders that were executed by a lead systems integrator under contract to the Coast Guard during the three years before enactment of this Act.

Requires the Commandant to prescribe guidance to ensure that pass-through charges on contracts, subcontracts, delivery orders, and task orders executed with a private entity acting as a lead systems integrator are not excessive in relation to the cost of the work performed. Exempts from the guidance any firm, fixed-price contract or subcontract, delivery order, or task order that is awarded on the basis of adequate price competition or for the acquisition of a commercial item. Allows the Commandant to include additional exceptions as necessary.

Title VI: Shipping and Navigation - (Sec. 601) Amends provisions relating to commercial instruments and maritime liens to substitute references to the Secretary of DHS for certain current references to the Secretary of Transportation.

(Sec. 603) Requires the Commandant to require an independent third party (other than the National Academy of Sciences) to conduct a comparative cost-benefit analysis of: (1) rebuilding, renovating, or improving the existing fleet of Coast Guard polar icebreakers; (2) constructing new Coast Guard polar icebreakers; (3) rebuilding, renovating, or improving the existing fleet of polar icebreakers by the National Science Foundation (NSF) for NSF operation; (4) constructing new polar icebreakers by the NSF for NSF operation; and (5) any combination of those activities.

Requires the Commandant to analyze the impact on mission capacity and the ability of the United States to maintain a polar region presence through 2020 if recapitalization of the polar icebreaker fleet is not fully funded. Requires related reports.

(Sec. 604) Allows a foreign-flag vessel, under specified conditions, to be chartered for a limited time for the setting, relocation, or recovery of anchors or other mooring equipment of a mobile offshore drilling unit over the Outer Continental Shelf 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.

Title VII: Vessel Conveyance - Vessel Conveyance Act - (Sec. 702) Requires the Coast Guard, whenever the transfer of ownership of a Coast Guard vessel for use for educational, cultural, historical, charitable, recreational, or other public purposes is authorized by law, to transfer the vessel to the General Services Administration (GSA) for conveyance.

Sets forth conveyance conditions.

Title VIII: Oil Pollution Prevention - (Sec. 801) Requires a report to Congress on the status of all Coast Guard rulemakings required (but not issued) under specified provisions of the Federal Water Pollution Control Act (commonly known as the Clean Water Act). Requires that such rules be issued within 18 months following the enactment of this Act.

(Sec. 802) Requires regulations to reduce the risks of oil spills in operations involving the transfer of oil from, or to, a tank vessel. Allows state laws enacted or regulations promulgated before enactment of this Act that are at least as stringent as such regulations.

(Sec. 803) Directs the Secretary to report on: (1) oil spills involving human error; (2) near-miss oil spill incidents; and (3) actions taken domestically and at the International Maritime Organization (IMO) to reduce the risk of oil spills caused by human error.

(Sec. 804) Directs the Secretary of the department in which the Coast Guard is operating and the Under Secretary of Commerce for Oceans and Atmosphere to revise the area to be avoided off the coast of the state of Washington so that restrictions apply to all vessels required to prepare a response plan under specified provisions of the Federal Water Pollution Control Act (other than fishing or research vessels while engaged in fishing or research in the area to be avoided).

(Sec. 805) Directs the Under Secretary of Commerce for Oceans and Atmosphere to establish an oil spill prevention and education program for small vessels.

Authorizes grants to carry out: (1) regional assessments of small oil spills; (2) voluntary, incentive-based clean marina programs; (3) cooperative oil spill prevention education programs; and (4) support for programs to address derelict vessels and the threat of such vessels sinking and discharging oil and other hazardous substances. Authorizes FY2010-FY2014 appropriations.

(Sec. 806) Directs the Secretary of the Department in which the Coast Guard is operating to: (1) complete the development of a tribal consultation policy in order to improve the Coast Guard's consultation and coordination with tribal governments regarding oil spill prevention, preparedness, response and natural resource damage assessment; and (2) provide assistance to participating tribal governments. Authorizes FY2010-FY2014 appropriations.

(Sec. 807) Directs the Secretary of the Department in which the Coast Guard is operating to report to Congress on the availability, feasibility, and potential cost of technology to detect the loss of oil carried as cargo or as fuel on tank and non-tank vessels greater than 400 gross tons.

(Sec. 808) Amends the Oil Pollution Act of 1990 to make not more than $15 million of the Oil Spill Liability Trust Fund available each fiscal year to the Under Secretary of Commerce for Oceans and Atmosphere for expenses and activities related to NOAA's response and damage assessment capabilities.

Modifies requirements regarding Fund audits by the Comptroller General of the United States and requires a report to Congress and to the Secretary or Administrator of each federal agency that administers and manages amounts from the Fund.

Requires an annual report to Congress (and to the public on the National Pollution Funds Center Internet website) containing a list of each Fund disbursement of $250,000 or more.

Authorizes appropriations for such audit and reports.

(Sec. 809) Directs the Secretary to ensure that the Coast Guard pursues stronger IMO enforcement of oil discharge agreements.

(Sec. 810) Requires the Commandant to modify the definition of the term "higher volume port area" in a specified Coast Guard regulation by replacing "Port Angeles, WA" with "Cape Flattery, WA."

Requires the Coast Guard to complete its review of any changes to emergency response plans under the Federal Water Pollution Control Act resulting from such modification within five years.

(Sec. 811) Directs the Commandant to enter into negotiations with the government of Canada to update the comparability analysis which serves as the basis for the Cooperative Vessel Traffic Service agreement between the United States and Canada for the management of maritime traffic in Puget Sound, the Strait of Georgia, Haro Strait, Rosario Strait, and the Strait of Juan de Fuca.

Requires that such updated analysis consider: (1) requirements for laden tank vessels to be escorted by tug boats; (2) vessel emergency response towing capability at the entrance to the Strait of Juan de Fuca; and (3) spill response capability throughout the shared water.

Amends the the Oil Pollution Act of 1990 to require that double hulled tankers over 5,000 gross tons transporting bulk oil in Prince William Sound, Alaska, be escorted by at least two towing vessels.

(Sec. 812) Amends the Oil Pollution Act of 1990 to require any tank vessel over 100 gross tons (except a non-self-propelled vessel that does not carry oil as cargo) using any place subject to U.S. jurisdiction to establish and maintain evidence of financial responsibility sufficient to meet the maximum amount of liability to which the responsible party could be subjected under specified provisions.

(Sec. 813) Directs the Secretary of the Treasury to increase the amount invested in income-producing securities under specified provisions of the Oil Pollution Act of 1990.

(Sec. 814) Includes the owner of oil being transported in a tank vessel with a single hull after December 31, 2010, subject to exception, in the definition of "responsible party."

Title IX: Miscellaneous Provisions - (Sec. 901) Deems two numbered vessels to be new vessels if no encumbrances are on record with the Coast Guard at the time of the issuance of the new vessel certificate of documentation for each such vessel. Subjects each vessel to the vessel safety and inspection requirements applicable to any such vessel as of the day before enactment of this Act.

(Sec. 902) Authorizes the Commandant to convey to Presque Isle Township, Michigan, the Historic Fresnel Lens from the Presque Isle Light Station Lighthouse, Michigan. Requires the Township to install the Lens in the Lighthouse for the purpose of operating the Lens and Lighthouse as a Class I private aid to navigation.

Requires reversion of the Lens under specified conditions.

(Sec. 903) Authorizes the Commandant to convey real property commonly identified as Coast Guard Station Marquette and Lighthouse Point to the city of Marquette, Michigan.

(Sec. 904) Removes tonnage limits from the definition of "offshore supply vessel."

Revises offshore supply vessels provisions regarding: (1) scale of employment and able seamen; (2) minimum number of licensed individuals; (3) watches; and (4) oil fuel tank protection.

(Sec. 905) Directs the Commandant to: (1) determine the types and numbers of vessels utilizing a specified portion of the Atlantic Intracoastal Waterway in Dade County, Florida; (2) assess the adequacy of navigational aids in and along such portion of the Atlantic Intracoastal Waterway; and (3) submit a related report to Congress.

(Sec. 906) Directs the Secretary of the department in which the Coast Guard is operating, on request of the governor of Texas or the governor of Oklahoma, to enter into an agreement whereby the state in lieu of the Secretary shall license operators of uninspected passenger vessels operating on Lake Texoma in Texas and Oklahoma if the state licensing plan meets certain requirements.

Title X: Budgetary Effects - (Sec. 1001) States that the budgetary effects of this Act, for purposes of Statutory Pay-As-You-Go Act of 2010 compliance, shall be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.