An amendment numbered 1 printed in Part B of House Report 110-604 and offered as a manager's amendment to make sundry changes to the bill.

1. 1

   Change 1: Adds SEC. __. POLICY ON SEXUAL HARASSMENT AND SEXUAL VIOLENCE AT THE COAST GUARD ACADEMY at the end of title II

   Adds a section

   Inserted: SEC. __. POLICY ON SEXUAL HARASSMENT AND SEXUAL VIOLENCE AT THE COAST GUARD ACADEMY.

   Inserted: (a) Required Policy.--Under guidance prescribed by the Secretary of the department in which the Coast Guard is operating, the Commandant of the Coast Guard shall direct the Superintendent of the Coast Guard Academy to prescribe a policy on sexual harassment and sexual violence applicable to the cadets and other personnel of the Academy.

   Inserted: (b) Matters to Be Specified in Policy.--The policy on sexual harassment and sexual violence prescribed under this section shall include specification of the following:

   Inserted: (1) Programs to promote awareness of the incidence of rape, acquaintance rape, and other sexual offenses of a criminal nature that involve cadets or other Academy personnel.

   Inserted: (2) Procedures that a cadet should follow in the case of an occurrence of sexual harassment or sexual violence, including--

   Inserted: (A) if the cadet chooses to report an occurrence of sexual harassment or sexual violence, a specification of the person or persons to whom the alleged offense should be reported and the options for confidential reporting;

   Inserted: (B) a specification of any other person whom the victim should contact; and

   Inserted: (C) procedures on the preservation of evidence potentially necessary for proof of criminal sexual assault.

   Inserted: (3) Procedures for disciplinary action in cases of alleged criminal sexual assault involving a cadet or other Academy personnel.

   Inserted: (4) Any other sanction authorized to be imposed in a substantiated case of sexual harassment or sexual violence involving a cadet or other Academy personnel in rape, acquaintance rape, or any other criminal sexual offense, whether forcible or nonforcible.

   Inserted: (5) Required training on the policy for all cadets and other Academy personnel, including the specific training required for personnel who process allegations of sexual harassment or sexual violence involving Academy personnel.

   Inserted: (c) Annual Assessment.--

   Show 22 more inserted paragraphsShow less

   Inserted: (1) The Secretary, through the Commandant of the Coast Guard, shall direct the Superintendent of the Coast Guard Academy to conduct an assessment during each Academy program year to determine the effectiveness of the Academy's policies, training, and procedures on sexual harassment and sexual violence involving cadets and other Academy personnel.

   Inserted: (2) For the assessment for each of the 2009, 2010, 2011, 2012, and 2013 Academy program years, the Superintendent shall conduct a survey of all Academy personnel--

   Inserted: (A) to measure--

   Inserted: (i) the incidence, during that program year, of sexual harassment and sexual violence events, on or off the Academy reservation, that have been reported to officials of the Academy; and

   Inserted: (ii) the incidence, in that program year, of sexual harassment and sexual violence events, on or off the Academy reservation, that have not been reported to officials of the Academy; and

   Inserted: (B) to assess the perceptions of Academy personnel on--

   Inserted: (i) the policies, training, and procedures on sexual harassment and sexual violence involving Academy personnel;

   Inserted: (ii) the enforcement of such policies;

   Inserted: (iii) the incidence of sexual harassment and violence involving Academy personnel in such program year; and

   Inserted: (iv) any other issues relating to sexual harassment and violence involving Academy personnel.

   Inserted: (d) Annual Report.--

   Inserted: (1) The Commandant of the Coast Guard shall direct the Superintendent of the Coast Guard Academy to submit to the Commandant a report on sexual harassment and sexual violence involving Academy personnel for each of the 2009, 2010, 2011, 2012, and 2013 Academy program years.

   Inserted: (2) The annual report under paragraph (1) shall contain, for the Academy program year covered by the report, the following matters:

   Inserted: (A) The number of sexual assaults, rapes, and other sexual offenses involving Academy personnel that have been reported to Academy officials during the program year, and the number of the reported cases that have been substantiated.

   Inserted: (B) The policies, procedures, and processes implemented by the Commandant of the Coast Guard and the leadership of the Coast Guard Academy in response to sexual harassment and sexual violence involving Academy personnel during the program year.

   Inserted: (C) In the report for the 2009 Academy program year, a discussion of the survey conducted under subsection (b), together with an analysis of the results of the survey and a discussion of any initiatives undertaken on the basis of such results and analysis.

   Inserted: (D) In the report for each of the subsequent Academy program years, the results of the annual survey conducted in such program year under subsection (b).

   Inserted: (E) A plan for the actions that are to be taken in the following Academy program year regarding prevention of and response to sexual harassment and sexual violence involving Academy personnel.

   Inserted: (3) The Commandant of the Coast Guard shall transmit the annual report on the Coast Guard Academy required under this subsection, together with the Commandant's comments on the report, to the Secretary and the Board of Visitors of the Academy.

   Inserted: (4) The Secretary shall transmit the annual report, together with the Secretary's comments on the report, to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

   Inserted: (5) The report for the 2009 Academy program year for the Academy shall be submitted to the Commandant of the Coast Guard not later than one year after the date of the enactment of this Act.

   Inserted: (6) In this subsection, the term "Academy program year" with respect to a year, means the Academy program year that ends in that year.

   Original wording

   At the end of title II add the following:

2. 2

   Change 2: Adds SEC. __. HOME PORT OF COAST GUARD VESSELS IN GUAM at the end of title II

   Adds a section

   Inserted: SEC. __. HOME PORT OF COAST GUARD VESSELS IN GUAM.

   Inserted: Section 96 of title 14, United States Code, is amended--

   Inserted: (1) by striking "a State of the United States" and inserting "the United States or Guam"; and

   Inserted: (2) by inserting "or Guam" after "outside the United States".

   Original wording

   At the end of title II add the following:

3. 3

   Change 3: Adds SEC. __. DELEGATION OF AUTHORITY TO CLASSIFICATION SOCIETIES REGARDING OFFSHORE FACILITIES at the end of title III

   Adds a section

   Inserted: SEC. __. DELEGATION OF AUTHORITY TO CLASSIFICATION SOCIETIES REGARDING OFFSHORE FACILITIES.

   Inserted: Section 3316 of title 46, United States Code, is amended by adding at the end the following new subsection:

   Inserted: "(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--

   Inserted: "(A) review and approve plans required for issuing a certificate of inspection or certificate of compliance; and

   Inserted: "(B) conduct inspections and examinations.

   Inserted: "(2) The Secretary may make a delegation under paragraph (1) to a foreign classification society only if the foreign classification society has offices and maintains records in the United States and--

   Inserted: "(A) if the government of the foreign country in which the society is headquartered delegates that authority to the American Bureau of Shipping; or

   Inserted: "(B) to the extent the government of the foreign country accepts plan review, inspections, or examinations conducted by the American Bureau of Shipping and provides equivalent access to inspect, certify, and provide related services to offshore facilities located in that country or operating under the authority of that country.

   Inserted: "(3) When an inspection or examination has been delegated under this subsection, the Secretary's delegate--

   Inserted: "(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

   Inserted: "(B) shall permit access to those files at all reasonable times to any officer, employee, or member of the Coast Guard designated--

   Inserted: "(i) as a marine inspector and serving in a position as a marine inspector; or

   Show 4 more inserted paragraphsShow less

   Inserted: "(ii) in writing by the Secretary to have access to those files.

   Inserted: "(4) For purposes of this section--

   Inserted: "(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) that is fixed or floating, dynamically holds position or is temporarily or permanently attached to the seabed or subsoil under the sea, and is used for the purpose of exploring for, developing, producing, or storing the resources from that seabed or subsoil; and

   Inserted: "(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)).".

   Original wording

   At the end of title III add the following:

4. 4

   Change 4: Adds SEC. __. REQUIREMENT FOR PILOTS TO CARRY AND UTILIZE PORTABLE ELECTRONIC NAVIGATIONAL DEVICE at the end of title III

   Adds a section

   Inserted: SEC. __. REQUIREMENT FOR PILOTS TO CARRY AND UTILIZE PORTABLE ELECTRONIC NAVIGATIONAL DEVICE.

   Inserted: The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) is amended by inserting after section 4A the following:

   Inserted: "SEC. 4B. PORTABLE ELECTRONIC DEVICE FOR NAVIGATION PURPOSES.

   Inserted: "(a) In General.--The Commandant of the Coast Guard may issue regulations that--

   Inserted: "(1) require that any pilot licensed under subtitle II of title 46, United States Code, while serving under the authority of that license as pilot on a covered vessel operating in waters designated in the regulation shall carry and utilize a portable electronic device that is--

   Inserted: "(A) equipped for navigational purposes; and

   Inserted: "(B) capable of being connected to an Automatic Identification System; and

   Inserted: "(2) require such pilots to obtain training in the use of such electronic devices, and prescribe requirements for such training after consultation with State or local pilotage authorities on specific equipment and practices in the waters designated in the regulation.

   Inserted: "(b) Determination of Need.--The Commandant shall consult with State or local pilotage authorities for the waters covered by the regulations to determine if the carriage and use of such portable electronic devices would improve safe navigation under local conditions and whether there is a need for mandatory carriage requirements.

   Inserted: "(c) Covered Vessel Defined.--In this section the term 'covered vessel' means a self-propelled commercial vessel of 300 gross tons or more that does not have an electronic chart prescribed under section 4A.".

   Original wording

   At the end of title III add the following:

5. 5

   Change 5: Adds SEC. __. NEWTOWN CREEK, NEW YORK CITY, NEW YORK at the end of title IV

   Adds a section

   Inserted: SEC. __. NEWTOWN CREEK, NEW YORK CITY, NEW YORK.

   Inserted: (a) Study.--The Administrator of the Environmental Protection Agency shall conduct a study on the public health, safety, and environmental concerns related to the underground petroleum spill on the Brooklyn shoreline of Newtown Creek, New York City, New York, in Greenpoint, Brooklyn, New York.

   Inserted: (b) Full-Site Characterization and Collection of New Field Evidence.--In carrying out the study under this section, the Administrator shall conduct a full-site characterization of the underground petroleum spill, including the investigation, collection, and analysis of new and updated data and field evidence on the extent of the petroleum spill, including any portion of the spill that has been diluted into surrounding waters, and any surrounding soil contamination or soil vapor contamination.

   Inserted: (c) Report.--Not later than one year after the date of enactment of this Act, the Administrator shall submit a report containing the results of the study to the Committee on Environment and Public Works and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

   Inserted: (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000.

   Original wording

   At the end of title IV add the following:

6. 6

   Change 6: Replaces “such information to the Secretary” with “to the Secretary all the entries entered in the ballast water record book during the prec…”

   ReplacesPage 158, line 16Printed page

   [struck: such information to the Secretary][inserted: to the Secretary all the entries entered in the ballast water record book during the preceding month, and transmit such additional information]

   Original wording

   Page 158, beginning at line 16, strike “such information to the Secretary” and insert “to the Secretary all the entries entered in the ballast water record book during the preceding month, and transmit such additional information”.

7. 7

   Change 7: Inserts new text on page 172, line 17

   InsertsPrinted page

   Inserted: The vessels to which this paragraph applies shall conduct ballast water treatment in accordance with subsection (f) when it applies.

   Original wording

   Page 172, after line 17, insert the following: “The vessels to which this paragraph applies shall conduct ballast water treatment in accordance with subsection (f) when it applies.

Read automatically from the Congressional Record. Check the original before relying on it.

As printed