[DOCID: f:hr338p2.110]
From the House Reports Online via GPO Access
[wais.access.gpo.gov]
110th Congress Rept. 110-338
HOUSE OF REPRESENTATIVES
1st Session Part 2
======================================================================
COAST GUARD AUTHORIZATION ACT OF 2007
_______
October 1, 2007.--Ordered to be printed
_______
Mr. Thompson of Mississippi, from the Committee on Homeland Security,
submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 2830]
[Including cost estimate of the Congressional Budget Office]
The Committee on Homeland Security, to whom was referred the
bill (H.R. 2830) to authorize appropriations for the Coast
Guard for fiscal year 2008, and for other purposes, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 59
Background and Need for Legislation.............................. 59
Hearings......................................................... 61
Committee Consideration.......................................... 62
Committee Votes.................................................. 62
Committee Oversight Findings..................................... 63
New Budget Authority, Entitlement Authority, and Tax Expenditures 63
Congressional Budget Office Estimate............................. 63
Statement of General Performance Goals and Objectives............ 71
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits....................................................... 71
Federal Mandates Statement....................................... 71
Advisory Committee Statement..................................... 71
Constitutional Authority Statement............................... 71
Applicability to Legislative Branch.............................. 72
Section-by-Section Analysis of the Legislation................... 72
Changes in Existing Law Made by the Bill, as Reported............ 93
Additional Views................................................. 180
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coast Guard Authorization Act of
2007''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--AUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Transfer of bridge administration program authority and
functions.
TITLE II--COAST GUARD
Sec. 201. Appointment of civilian Coast Guard judges.
Sec. 202. Industrial activities.
Sec. 203. Reimbursement for medical-related travel expenses.
Sec. 204. Commissioned officers.
Sec. 205. Coast Guard participation in the Armed Forces Retirement Home
(AFRH) system.
Sec. 206. Grants to international maritime organizations.
Sec. 207. Emergency leave retention authority.
Sec. 208. Enforcement authority.
Sec. 209. Repeal.
Sec. 210. Admirals and Vice Admirals.
Sec. 211. Merchant Mariner Medical Advisory Committee.
Sec. 212. Reserve commissioned warrant officer to lieutenant program.
Sec. 213. Enhanced status quo officer promotion system.
Sec. 214. Laser Training System.
Sec. 215. Coast Guard vessels and aircraft.
Sec. 216. Coast Guard District Ombudsmen.
TITLE III--SHIPPING AND NAVIGATION
Sec. 301. Vessel size limits.
Sec. 302. Goods and services.
Sec. 303. Seaward extension of anchorage grounds jurisdiction.
Sec. 304. Maritime Drug Law Enforcement Act amendment-simple
possession.
Sec. 305. Technical amendments to tonnage measurement law.
Sec. 306. Access for seamen.
Sec. 307. Fishing vessel safety.
Sec. 308. Mariner records.
Sec. 309. Deletion of exemption of license requirement for operators of
certain towing vessels.
Sec. 310. Adjustment of liability limits for natural gas deepwater
ports.
Sec. 311. Period of limitations for claims against Oil Spill Liability
Trust Fund.
Sec. 312. Log books.
Sec. 313. Unsafe operation.
Sec. 314. Approval of survival craft.
Sec. 315. Safety management.
Sec. 316. Protection against discrimination.
Sec. 317. Dry bulk cargo residue.
Sec. 318. Clarification of delegation of authority to classification
societies.
Sec. 319. Registry endorsement for LNG vessels.
Sec. 320. Oaths.
Sec. 321. Duration of credentials.
Sec. 322. Fingerprinting.
Sec. 323. Authorization to extend the duration of licenses,
certificates of registry, and merchant mariners' documents.
Sec. 324. Merchant mariner documentation.
Sec. 325. Merchant mariner assistance report.
Sec. 326. Merchant mariner shortage report.
Sec. 327. Merchant mariner document standards.
Sec. 328. Waterside security around liquefied natural gas terminals and
liquefied natural gas tankers.
TITLE IV--MISCELLANEOUS PROVISIONS
Sec. 401. Certificate of documentation for GALLANT LADY.
Sec. 402. Waiver.
Sec. 403. Great Lakes Maritime Research Institute.
Sec. 404. Conveyance.
Sec. 405. Crew wages on passenger vessels.
Sec. 406. Technical corrections.
Sec. 407. Conveyance of decommissioned Coast Guard Cutter STORIS.
Sec. 408. Repeal of requirement of license for employment in the
business of salvaging on the coast of Florida.
Sec. 409. Right-of-first-refusal for Coast Guard property on Jupiter
Island, Florida.
Sec. 410. Conveyance of Coast Guard HU-25 Falcon Jet aircraft.
Sec. 411. Conveyance of a Coast Guard vessel.
Sec. 412. Conveyance of a Coast Guard vessel.
Sec. 413. Conveyance of a Coast Guard vessel.
Sec. 414. Decommissioned Coast Guard vessels for Haiti.
Sec. 415. Extension of period of operation of vessel for setting,
relocation, or recovery of anchors or other mooring equipment.
Sec. 416. Vessel traffic risk assessments.
Sec. 417. Vessel MARYLAND INDEPENDENCE.
Sec. 418. Study of relocation of Coast Guard Sector Buffalo facilities.
Sec. 419. Coast Guard assets for United States Virgin Islands.
TITLE V--BALLAST WATER TREATMENT
Sec. 501. Short title.
Sec. 502. Declaration of goals and purposes.
Sec. 503. Ballast water management.
Sec. 504. National ballast water management information.
Sec. 505. Ballast water management evaluation and demonstration
program.
Sec. 506. Rapid response plan.
Sec. 507. Authorization of appropriations.
TITLE VI--ALIEN SMUGGLING
Sec. 601. Short title.
Sec. 602. Maritime law enforcement.
TITLE VII--MISCELLANEOUS HOMELAND SECURITY PROVISIONS
Sec. 701. Maritime homeland security public awareness program.
Sec. 702. Transportation Worker Identification Credential.
Sec. 703. Study to identify redundant background records checks.
Sec. 704. Review of interacency operational centers.
Sec. 705. Maritime security response teams.
Sec. 706. Coast Guard detection canine team program expansion.
Sec. 707. Coast Guard port assistance program.
Sec. 708. Homeland security impact review of liquefied natural gas
facilities.
Sec. 709. Maritime biometric identification.
Sec. 710. Review of potential threats.
Sec. 711. Port security pilot.
Sec. 712. Advance notice of port arrival of significant or fatal
incidents involving U.S. persons.
Sec. 713. Safety and security assistance for foreign ports.
Sec. 714. Seasonal workers.
Sec. 715. Comparative risk assessment of vessel-based and facility-
based liquefied natural gas regasification processes.
Sec. 716. Savings clause.
TITLE VIII--COAST GUARD INTEGRATED DEEPWATER PROGRAM
Sec. 801. Short title.
Sec. 802. Implementation of Coast Guard Integrated Deepwater
Acquisition Program.
Sec. 803. Chief Acquisition Officer.
Sec. 804. Testing and certification.
Sec. 805. National Security Cutters.
Sec. 806. Miscellaneous reports.
Sec. 807. Use of the Naval Sea Systems Command, the Naval Air Systems
Command, and the Space and Naval Warfare Systems Command to assist the
Coast Guard in exercising technical authority for the Deepwater Program
and other Coast Guard acquisition programs.
Sec. 808. Definitions.
TITLE I--AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for fiscal year 2008 for
necessary expenses of the Coast Guard as follows:
(1) For the operation and maintenance of the Coast Guard,
$5,965,742,000, of which--
(A) $24,500,000 is authorized to be derived from the
Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act
of 1990 (33 U.S.C. 2712(a)(5));
(B) not less than $631,000,000 shall be available for
paying for search and rescue programs;
(C) not less than $527,000,000 shall be available for
paying for marine safety programs; and
(D) not less than $80,500,000 shall be available only
for paying for operating expenses of the Integrated
Deepwater System program.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment related
thereto, $1,234,774,000, of which--
(A) $20,000,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990, to
remain available until expended;
(B) $1,065,872,000 is authorized for the Integrated
Deepwater System Program; and
(C) $44,597,000 is authorized for shore facilities
and aids to navigation.
(3) To the Commandant of the Coast Guard for research,
development, test, and evaluation of technologies, materials,
and human factors directly relating to improving the
performance of the Coast Guard's mission in search and rescue,
aids to navigation, marine safety, marine environmental
protection, enforcement of laws and treaties, ice operations,
oceanographic research, and defense readiness, $18,583,000, to
remain available until expended, of which $2,000,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act of
1990.
(4) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose), payments under the Retired Serviceman's Family
Protection and Survivor Benefit Plans, and payments for medical
care of retired personnel and their dependents under chapter 55
of title 10, United States Code, $1,184,720,000, to remain
available until expended.
(5) For alteration or removal of bridges over navigable
waters of the United States constituting obstructions to
navigation, and for personnel and administrative costs
associated with the Bridge Alteration Program, $16,000,000.
(6) For environmental compliance and restoration at Coast
Guard facilities (other than parts and equipment associated
with operation and maintenance), $12,079,000, to remain
available until expended.
(7) For the Coast Guard Reserve program, including personnel
and training costs, equipment, and services, $126,883,000.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
(a) Active Duty Strength.--The Coast Guard is authorized an end-of-
year strength for active duty personnel of 45,500 for the fiscal year
ending on September 30, 2008.
(b) Military Training Student Loads.--For fiscal year 2008, the Coast
Guard is authorized average military training student loads as follows:
(1) For recruit and special training, 2,500 student years.
(2) For flight training, 165 student years.
(3) For professional training in military and civilian
institutions, 350 student years.
(4) For officer acquisition, 1,200 student years.
SEC. 103. TRANSFER OF BRIDGE ADMINISTRATION PROGRAM AUTHORITY AND
FUNCTIONS.
(a) Transfer.--
(1) Authority and functions.--Notwithstanding section 888(b)
of the Homeland Security Act of 2002 (6 U.S.C. 468(b)) or any
other provision of law, the authorities of the Secretary of
Homeland Security to approve the construction, alteration, or
operation of a bridge, drawbridge, or causeway across or over
the navigable waters of the United States and to require the
alteration, repair, or removal of that bridge, drawbridge, or
causeway, pursuant to the Bridge Act of 1906 (34 Stat. 84; 33
U.S.C. 491 et seq.), the General Bridge Act of 1946 (60 Stat.
847, 33 U.S.C. 525 note), the Truman-Hobbs Act (54 Stat. 497;
33 U.S.C. 511 et seq.), and the International Bridge Act of
1972 (60 Stat. 847; 33 U.S.C. 525 et seq.), and the functions
related thereto, are hereby transferred to the Secretary of
Transportation.
(2) Transfer and administration of balances.--Any unobligated
balances of prior appropriations provided for the alteration of
bridges are transferred and shall be available to the Secretary
of Transportation to carry out the functions and authorities
transferred by subsection (a).
TITLE II--COAST GUARD
SEC. 201. APPOINTMENT OF CIVILIAN COAST GUARD JUDGES.
(a) In General.--Chapter 7 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 153. Appointment of judges
``The Secretary may appoint civilian employees of the Department in
which the Coast Guard is operating as appellate military judges,
available for assignment to the Coast Guard Court of Criminal Appeals
as provided for in section 866(a) of title 10.''.
(b) Clerical Amendment.--The analysis for such chapter is amended by
adding at the end the following:
``153. Appointment of judges.''.
SEC. 202. INDUSTRIAL ACTIVITIES.
Section 151 of title 14, United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``All orders'';
and
(2) by adding at the end the following:
``(b) Orders and Agreements for Industrial Activities.--Under this
section, the Coast Guard industrial activities may accept orders and
enter into reimbursable agreements with establishments, agencies, and
departments of the Department of Defense.''.
SEC. 203. REIMBURSEMENT FOR MEDICAL-RELATED TRAVEL EXPENSES.
(a) In General.--Chapter 13 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 518. Reimbursement for medical-related travel expenses for
certain persons residing on islands in the
continental United States
``In any case in which a covered beneficiary (as defined in section
1072(5) of title 10) resides on an island that is located in the 48
contiguous States and the District of Columbia and that lacks public
access roads to the mainland and is referred by a primary care
physician to a specialty care provider (as defined in section 1074i(b)
of title 10) on the mainland who provides services less than 100 miles
from the location where the beneficiary resides, the Secretary shall
reimburse the reasonable travel expenses of the covered beneficiary
and, when accompaniment by an adult is necessary, for a parent or
guardian of the covered beneficiary or another member of the covered
beneficiary's family who is at least 21 years of age.''.
(b) Clerical Amendment.--The analysis for such chapter is amended by
adding at the end the following:
``518. Reimbursement for medical-related travel expenses for certain
persons residing on islands in the continental United States.''.
SEC. 204. COMMISSIONED OFFICERS.
(a) Active Duty Promotion List.--Section 42 of title 14, United
States Code, is amended to read as follows:
``Sec. 42. Number and distribution of commissioned officers on active
duty promotion list
``(a) Maximum Total Number.--The total number of Coast Guard
commissioned officers on the active duty promotion list, excluding
warrant officers, shall not exceed 6,700; except that the Commandant
may temporarily increase that number by up to 2 percent for no more
than 60 days following the date of the commissioning of a Coast Guard
Academy class.
``(b) Distribution Percentages by Grade.--
``(1) Required.--The total number of commissioned officers
authorized by this section shall be distributed in grade in the
following percentages: 0.375 percent for rear admiral; 0.375
percent for rear admiral (lower half); 6.0 percent for captain;
15.0 percent for commander; and 22.0 percent for lieutenant
commander.
``(2) Discretionary.--The Secretary shall prescribe the
percentages applicable to the grades of lieutenant, lieutenant
(junior grade), and ensign.
``(3) Authority of secretary to reduce percentage.--The
Secretary--
``(A) may reduce, as the needs of the Coast Guard
require, any of the percentages set forth in paragraph
(1); and
``(B) shall apply that total percentage reduction to
any other lower grade or combination of lower grades.
``(c) Computations.--
``(1) In general.--The Secretary shall compute, at least once
each year, the total number of commissioned officers authorized
to serve in each grade by applying the grade distribution
percentages established by or under this section to the total
number of commissioned officers listed on the current active
duty promotion list.
``(2) Rounding fractions.--Subject to subsection (a), in
making the computations under paragraph (1), any fraction shall
be rounded to the nearest whole number.
``(3) Treatment of officers serving outside coast guard.--The
number of commissioned officers on the active duty promotion
list below the rank of rear admiral (lower half) serving with
other Federal departments or agencies on a reimbursable basis
or excluded under section 324(d) of title 49 shall not be
counted against the total number of commissioned officers
authorized to serve in each grade.
``(d) Use of Numbers; Temporary Increases.--The numbers resulting
from computations under subsection (c) shall be, for all purposes, the
authorized number in each grade; except that the authorized number for
a grade is temporarily increased during the period between one
computation and the next by the number of officers originally appointed
in that grade during that period and the number of officers of that
grade for whom vacancies exist in the next higher grade but whose
promotion has been delayed for any reason.
``(e) Officers Serving Coast Guard Academy and Reserve.--The number
of officers authorized to be serving on active duty in each grade of
the permanent commissioned teaching staff of the Coast Guard Academy
and of the Reserve serving in connection with organizing,
administering, recruiting, instructing, or training the reserve
components shall be prescribed by the Secretary.''.
(b) Clerical Amendment.--The analysis for chapter 3 of such title is
amended by striking the item relating to section 42 and inserting the
following:
``42. Number and distribution of commissioned officers on active duty
promotion list.''.
SEC. 205. COAST GUARD PARTICIPATION IN THE ARMED FORCES RETIREMENT HOME
(AFRH) SYSTEM.
(a) In General.--Section 1502 of the Armed Forces Retirement Home Act
of 1991 (24 U.S.C. 401) is amended--
(1) by striking paragraph (4);
(2) in paragraph (5)--
(A) by striking ``and'' at the end of subparagraph
(C);
(B) by striking the period at the end of subparagraph
(D) and inserting ``; and''; and
(C) by inserting at the end the following:
``(E) the Assistant Commandant of the Coast Guard for
Human Resources.''; and
(3) by adding at the end of paragraph (6) the following:
``(E) The Master Chief Petty Officer of the Coast
Guard.''.
(b) Conforming Amendments.--(1) Section 2772 of title 10, United
States Code, is amended--
(A) in subsection (a) by inserting ``or, in the case of the
Coast Guard, the Commandant'' after ``concerned''; and
(B) by striking subsection (c).
(2) Section 1007(i) of title 37, United States Code, is amended--
(A) in paragraph (3) by inserting ``or, in the case of the
Coast Guard, the Commandant'' after ``Secretary of Defense'';
(B) by striking paragraph (4); and
(C) by redesignating paragraph (5) as paragraph (4).
SEC. 206. GRANTS TO INTERNATIONAL MARITIME ORGANIZATIONS.
Section 149 of title 14, United States Code, is amended by adding at
the end the following:
``(c) Grants to International Maritime Organizations.--After
consultation with the Secretary of State, the Commandant may make
grants to, or enter into cooperative agreements, contracts, or other
agreements with, international maritime organizations for the purpose
of acquiring information or data about merchant vessel inspections,
security, safety, classification, and port State or flag State law
enforcement or oversight.''.
SEC. 207. EMERGENCY LEAVE RETENTION AUTHORITY.
(a) In General.--Chapter 11 of title 14, United States Code, is
amended by inserting after section 425 the following:
``Sec. 426. Emergency leave retention authority
``With regard to a member of the Coast Guard who serves on active
duty, a duty assignment in support of a declaration of a major disaster
or emergency by the President under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) shall be
treated, for the purpose of section 701(f)(2) of title 10, a duty
assignment in support of a contingency operation.''.
(b) Clerical Amendment.--The analysis for such chapter is amended by
inserting after the item relating to section 425 the following new
item:
``426. Emergency leave retention authority.''.
SEC. 208. ENFORCEMENT AUTHORITY.
(a) In General.--Chapter 5 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 99. Enforcement authority
``Subject to guidelines approved by the Secretary, members of the
Coast Guard, in the performance of official duties, may--
``(1) carry a firearm; and
``(2) while at a facility (as defined in section 70101 of
title 46)--
``(A) make an arrest without warrant for any offense
against the United States; and
``(B) seize property as otherwise provided by law.''.
(b) Conforming Repeal.--The first section added to title 46, United
States Code, by the amendment made by subsection (a) of section 801 of
the Coast Guard and Maritime Transportation Act of 2004 (118 Stat.
1078), and the item relating to such first section enacted by the
amendment made by subsection (b) of such section 801, are repealed.
(c) Clerical Amendment.--The analysis for such chapter is amended by
adding at the end the following:
``99. Enforcement authority.''.
SEC. 209. REPEAL.
Section 216 of title 14, United States Code, and the item relating to
such section in the analysis for chapter 11 of such title, are
repealed.
SEC. 210. ADMIRALS AND VICE ADMIRALS.
(a) Vice Commandant.--Section 47 of title 14, United States Code, is
amended by striking ``vice admiral'' and inserting ``admiral''.
(b) Vice Admirals.--Section 50 of title 14, United States Code, is
amended to read as follows:
``Sec. 50. Vice admirals
``(a)(1) The President may designate 4 positions of importance and
responsibility that shall be held by officers who--
``(A) while so serving, shall have the grade of vice admiral,
with the pay and allowances of that grade; and
``(B) shall perform any duties as the Commandant may
prescribe.
``(2) The 4 vice admiral positions authorized under paragraph (1)
are, respectively, the following:
``(A) The Deputy Commandant for Mission Support.
``(B) The Deputy Commandant for National Operations and
Policy.
``(C) The Commander, Force Readiness Command.
``(D) The Commander, Operations Command.
``(3) The President may appoint, by and with the advice and consent
of the Senate, and reappoint, by and with the advice and consent of the
Senate, to each of the positions designated under paragraph (1) an
officer of the Coast Guard who is serving on active duty above the
grade of captain. The Commandant shall make recommendations for those
appointments.
``(b)(1) The appointment and the grade of vice admiral under this
section shall be effective on the date the officer assumes that duty
and, except as provided in paragraph (2) of this subsection or in
section 51(d) of this title, shall terminate on the date the officer is
detached from that duty.
``(2) An officer who is appointed to a position designated under
subsection (a) shall continue to hold the grade of vice admiral--
``(A) while under orders transferring the officer to another
position designated under subsection (a), beginning on the date
the officer is detached from duty and terminating on the date
before the day the officer assumes the subsequent duty, but not
for more than 60 days;
``(B) while hospitalized, beginning on the day of the
hospitalization and ending on the day the officer is discharged
from the hospital, but not for more than 180 days; and
``(C) while awaiting retirement, beginning on the date the
officer is detached from duty and ending on the day before the
officer's retirement, but not for more than 60 days.
``(c)(1) An appointment of an officer under subsection (a) does not
vacate the permanent grade held by the officer.
``(2) An officer serving in a grade above rear admiral who holds the
permanent grade of rear admiral (lower half) shall be considered for
promotion to the permanent grade of rear admiral as if the officer was
serving in the officer's permanent grade.
``(d) Whenever a vacancy occurs in a position designated under
subsection (a), the Commandant shall inform the President of the
qualifications needed by an officer serving in that position to carry
out effectively the duties and responsibilities of that position.''.
(c) Repeal.--Section 50a of title 14, United States Code, is
repealed.
(d) Conforming Amendment.--Section 51(d)(2) of that title is amended
by striking ``Area Commander, or Chief of Staff'' and inserting ``or
Vice Admirals''.
(e) Clerical Amendments.--
(1) The heading for section 47 of that title is amended by
striking ``assignment'' and inserting ``appointment''.
(2) The table of sections at the beginning of chapter 3 of
that title is amended--
(A) by striking the item relating to section 47 and
inserting the following:
``47. Vice Commandant; appointment.'';
(B) by striking the item relating to section 50 and
inserting the following:.
``50. Vice admirals.'';
and
(C) by striking the item relating to section 50a.
(f) Technical Correction.--Section 47 of that title is further
amended in the fifth sentence by striking ``subsection'' and inserting
``section''.
SEC. 211. MERCHANT MARINER MEDICAL ADVISORY COMMITTEE.
(a) In General.--Chapter 71 of title 46, United States Code, is
amended by adding at the end the following new section:
``Sec. 7115. Merchant Mariner Medical Advisory Committee
``(a) Establishment.--
``(1) In general.--There is established a Merchant Mariner
Medical Advisory Committee (in this section referred to as the
`Committee').
``(2) Functions.--The Committee shall advise the Secretary on
matters relating to--
``(A) medical certification determinations for
issuance of merchant mariner credentials;
``(B) medical standards and guidelines for the
physical qualifications of operators of commercial
vessels;
``(C) medical examiner education; and
``(D) medical research.
``(b) Membership.--
``(1) In general.--The Committee shall consist of twelve
members, none of whom is a Federal employee, and shall
include--
``(A) ten who are health-care professionals with
particular expertise, knowledge, or experience
regarding the medical examinations of merchant mariners
or occupational medicine; and
``(B) two who are professional mariners with
knowledge and experience in mariner occupational
requirements.
``(2) Status of members.--Members of the Committee shall not
be considered Federal employees or otherwise in the service or
the employment of the Federal Government, except that members
shall be considered special Government employees, as defined in
section 202(a) of title 18, United States Code, and shall be
subject to any administrative standards of conduct applicable
to the employees of the department in which the Coast Guard is
operating.
``(c) Appointments; Terms; Vacancies.--
``(1) Appointments.--The Secretary shall appoint the members
of the Committee, and each member shall serve at the pleasure
of the Secretary.
``(2) Terms.--Each member shall be appointed for a term of
three years, except that, of the members first appointed, three
members shall be appointed for a term of two years and three
members shall be appointed for a term of one year.
``(3) Vacancies.--Any member appointed to fill the vacancy
prior to the expiration of the term for which that member's
predecessor was appointed shall be appointed for the remainder
of that term.
``(d) Chairman and Vice Chairman.--The Secretary shall designate one
member of the Committee as the Chairman and one member as the Vice
Chairman. The Vice Chairman shall act as Chairman in the absence or
incapacity of, or in the event of a vacancy in the office of, the
Chairman.
``(e) Compensation; Reimbursement.--Members of the Committee shall
serve without compensation, except that, while engaged in the
performance of duties away from their homes or regular places of
business of the member, the member of the Committee may be allowed
travel expenses, including per diem in lieu of subsistence, as
authorized by section 5703 of title 5.
``(f) Staff; Services.--The Secretary shall furnish to the Committee
the personnel and services as are considered necessary for the conduct
of its business.''.
(b) First Meeting.--No later than six months after the date of
enactment of this Act, the Merchant Mariner Medical Advisory Committee
established by the amendment made by this section shall hold its first
meeting.
(c) Clerical Amendment.--The analysis for chapter 71 of that title is
amended by adding at the end the following:
``7115. Merchant Mariner Medical Advisory Committee.''.
SEC. 212. RESERVE COMMISSIONED WARRANT OFFICER TO LIEUTENANT PROGRAM.
Section 214(a) of title 14, United States Code, is amended to read as
follows:
``(a) The president may appoint temporary commissioned officers--
``(1) in the Regular Coast Guard in a grade, not above
lieutenant, appropriate to their qualifications, experience,
and length of service, as the needs of the Coast Guard may
require, from among the commissioned warrant officers, warrant
officers, and enlisted members of the Coast Guard, and from
holders of licenses issued under chapter 71 of title 46; and
``(2) in the Coast Guard Reserve in a grade, not above
lieutenant, appropriate to their qualifications, experience,
and length of service, as the needs of the Coast Guard may
require, from among the commissioned warrant officers of the
Coast Guard Reserve.''.
SEC. 213. ENHANCED STATUS QUO OFFICER PROMOTION SYSTEM.
Chapter 11 of title 14, United States Code, is amended--
(1) in section 253(a)--
(A) by inserting ``and'' after ``considered,''; and
(B) by striking ``, and the number of officers the
board may recommend for promotion'';
(2) in section 258--
(A) by inserting ``(a) In General.--'' before the
existing text;
(B) in subsection (a) (as so designated) by striking
the colon at the end of the material preceding
paragraph (1) and inserting ``--''; and
(C) by adding at the end the following:
``(b) Provision of Direction and Guidance.--
``(1) In addition to the information provided pursuant to
subsection (a), the Secretary may furnish the selection board--
``(A) specific direction relating to the needs of the
Coast Guard for officers having particular skills,
including direction relating to the need for a minimum
number of officers with particular skills within a
specialty; and
``(B) any other guidance that the Secretary believes
may be necessary to enable the board to properly
perform its functions.
``(2) Selections made based on the direction and guidance
provided under this subsection shall not exceed the maximum
percentage of officers who may be selected from below the
announced promotion zone at any given selection board convened
under section 251 of this title.'';
(3) in section 259(a), by inserting after ``whom the board''
the following: ``, giving due consideration to the needs of the
Coast Guard for officers with particular skills so noted in
specific direction furnished to the board by the Secretary
under section 258 of this title,''; and
(4) in section 260(b), by inserting after ``qualified for
promotion'' the following: ``to meet the needs of the service
(as noted in specific direction furnished the board by the
Secretary under section 258 of this title)''.
SEC. 214. LASER TRAINING SYSTEM.
(a) In General.--Within one year after the date of enactment of this
Act, the Secretary of the department in which the Coast Guard shall
test an integrated laser engagement system for the training of members
of the Coast Guard assigned to small vessels in the use of individual
weapons and machine guns on those vessels. The test shall be conducted
on vessels on the Great Lakes using similar laser equipment used by
other Federal agencies. However, that equipment shall be adapted for
use in the marine environment.
(b) Report.--The Secretary shall submit a report to Congress within 6
months after the conclusions of the test required under subsection (a)
on the costs and benefits of using the system regionally and nationwide
to train members of the Coast Guard in the use of individual weapons
and machine guns.
SEC. 215. COAST GUARD VESSELS AND AIRCRAFT.
(a) Authority To Fire At or Into a Vessel.--Section 637(c) of title
14, United States Code, is amended--
(1) in paragraph (1), by striking ``; or'' and inserting a
semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(3) any other vessel or aircraft owned by a government and
used for noncommercial service when--
``(A) the vessel or aircraft is under the tactical
control of the Coast Guard; and
``(B) at least one member of the Coast Guard is
assigned and conducting a Coast Guard mission on the
vessel or aircraft.''.
(b) Authority To Display Coast Guard Ensigns and Pennants.--Section
638(a) of title 14, United States Code, is amended by striking ``Coast
Guard vessels and aircraft'' and inserting ``Vessels and aircraft
authorized by the Secretary''.
SEC. 216. COAST GUARD DISTRICT OMBUDSMEN.
(a) In General.--Chapter 3 of title 14, United States Code, is
amended by adding at the end the following new section:
``Sec. 55. District Ombudsmen
``(a) In General.--The Commandant may appoint in each Coast Guard
District a District Ombudsman to serve as a liaison between
representatives of port stakeholders, including the Area Maritime
Security Advisory Committees required by section 70112 of title 46 and
the Coast Guard.
``(b) Purposes.--The purposes of the District Ombudsman shall be the
following:
``(1) To support the operations of the Coast Guard in each
port in the District for which the District Ombudsman is
appointed.
``(2) To improve communications between and among port
stakeholders including, but not limited to, port and terminal
operators, ship owners, labor representatives, and the Coast
Guard.
``(3) To ensure timely resolution of disputes between the
Coast Guard and all petitioners regarding requirements imposed
or services provided by the Coast Guard.
``(c) Functions.--
``(1) Investigations.--The District Ombudsman may investigate
complaints brought to the attention of the District Ombudsman
by a petitioner operating in a port provided such a complaint
is not the subject of an administrative, civil, or criminal
investigation or other legal proceeding and provided the
District Ombudsman receives no benefit, either direct or
indirect, from the outcome of the complaint.
``(2) Guidelines for disputes.--
``(A) In general.--The Commandant of the Coast Guard
shall develop guidelines regarding disputes with
respect to which the District Ombudsman will provide
assistance.
``(B) Limitation.--The District Ombudsman shall not
provide assistance with respect to a dispute if such a
dispute is the subject of an administrative, civil, or
criminal investigation or other legal proceeding or if
the District Ombudsman receives a benefit, either
direct or indirect, from the outcome of the dispute.
``(C) Priority.--In providing such assistance, the
District Ombudsman shall give priority to complaints
brought by petitioners who will suffer a significant
hardship as the result of implementing a Coast Guard
requirement or being denied a Coast Guard service.
``(3) Consultation.--The District Ombudsman may consult with
any Coast Guard personnel who can aid in the investigation of a
complaint provided such persons are reasonably available.
``(4) Access to information.--Unless otherwise prohibited by
law or regulation, the District Ombudsman shall have access to
any document, including any record or report, that will aid the
District Ombudsman in obtaining the information needed to
conduct an investigation of a compliant.
``(5) Reports.--At the conclusion of an investigation, the
District Ombudsman shall submit a report on the findings and
recommendations of the District Ombudsman, to the Commander of
the District in which the petitioner who brought the complaint
is located or operating.
``(6) Deadline.--The District Ombudsman shall seek to resolve
each complaint brought in accordance with the guidelines--
``(A) in a timely fashion; and
``(B) to the maximum extent practicable, not later
than 4 months after the complaint is officially
accepted by the District Ombudsman.
``(d) Appointment.--The Commandant shall appoint as the District
Ombudsman an appropriately cleared civilian who has experience in port
and transportation systems and knowledge of port operations or of
maritime commerce (or both).
``(e) Annual Reports.--The Secretary shall report annually to the
Committees on Homeland Security and Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate on the matters brought before the
District Ombudsmen, including--
``(1) the number of matters brought before each District
Ombudsman;
``(2) a brief summary of each such matter; and
``(3) the eventual resolution of each such matter.''.
(b) Clerical Amendment.--The analysis at the beginning of such
chapter is amended by adding at the end the following new item:
``55. District Ombudsmen.''.
TITLE III--SHIPPING AND NAVIGATION
SEC. 301. VESSEL SIZE LIMITS.
(a) Length, Tonnage, and Horsepower.--Section 12113(d)(2) of title
46, United States Code, is amended--
(1) by inserting ``and'' after the semicolon at the end of
subparagraph (A)(i);
(2) by striking ``and'' at the end of subparagraph (A)(ii);
(3) by striking subparagraph (A)(iii);
(4) by striking the period at the end of subparagraph (B) and
inserting ``; or''; and
(5) by inserting at the end the following:
``(C) the vessel is either a rebuilt vessel or a
replacement vessel under section 208(g) of the American
Fisheries Act (title II of division C of Public Law
105-277; 112 Stat. 2681-627) and is eligible for a
fishery endorsement under this section.''.
(b) Conforming Amendments.--
(1) Vessel rebuilding and replacement.--Section 208(g) of the
American Fisheries Act (title II of division C of Public Law
105-277; 112 Stat. 2681-627) is amended to read as follows:
``(g) Vessel Rebuilding and Replacement.--
``(1) In general.--
``(A) Rebuild or replace.--Notwithstanding any
limitation to the contrary on replacing, rebuilding, or
lengthening vessels or transferring permits or licenses
to a replacement vessel contained in sections 679.2 and
679.4 of title 50, Code of Federal Regulations, as in
effect on the date of enactment of the Coast Guard
Authorization Act of 2007 and except as provided in
paragraph (4), the owner of a vessel eligible under
subsection (a), (b), (c), (d), or (e) (other than
paragraph (21)), in order to improve vessel safety and
operational efficiencies (including fuel efficiency),
may rebuild or replace that vessel (including fuel
efficiency) with a vessel documented with a fishery
endorsement under section 12113 of title 46, United
States Code.
``(B) Same requirements.--The rebuilt or replacement
vessel shall be eligible in the same manner and subject
to the same restrictions and limitations under such
subsection as the vessel being rebuilt or replaced.
``(C) Transfer of permits and licenses.--Each fishing
permit and license held by the owner of a vessel or
vessels to be rebuilt or replaced under subparagraph
(A) shall be transferred to the rebuilt or replacement
vessel.
``(2) Recommendations of north pacific council.--The North
Pacific Council may recommend for approval by the Secretary
such conservation and management measures, including size
limits and measures to control fishing capacity, in accordance
with the Magnuson-Stevens Act as it considers necessary to
ensure that this subsection does not diminish the effectiveness
of fishery management plans of the Bering Sea and Aleutian
Islands Management Area or the Gulf of Alaska.
``(3) Special rule for replacement of certain vessels.--
``(A) In general.--Notwithstanding the requirements
of subsections (b)(2), (c)(1), and (c)(2) of section
12113 of title 46, United States Code, a vessel that is
eligible under subsection (a), (b), (c), (d), or (e)
(other than paragraph (21)) and that qualifies to be
documented with a fishery endorsement pursuant to
section 203(g) or 213(g) may be replaced with a
replacement vessel under paragraph (1) if the vessel
that is replaced is validly documented with a fishery
endorsement pursuant to section 203(g) or 213(g) before
the replacement vessel is documented with a fishery
endorsement under section 12113 of title 46, United
States Code.
``(B) Applicability.--A replacement vessel under
subparagraph (A) and its owner and mortgagee are
subject to the same limitations under section 203(g) or
213(g) that are applicable to the vessel that has been
replaced and its owner and mortgagee.
``(4) Special rules for certain catcher vessels.--
``(A) In general.--A replacement for a covered vessel
described in subparagraph (B) is prohibited from
harvesting fish in any fishery (except for the Pacific
whiting fishery) managed under the authority of any
regional fishery management council (other than the
North Pacific Council) established under section 302(a)
of the Magnuson-Stevens Act.
``(B) Covered vessels.--A covered vessel referred to
in subparagraph (A) is--
``(i) a vessel eligible under subsection (a),
(b), or (c) that is replaced under paragraph
(1); or
``(ii) a vessel eligible under subsection
(a), (b), or (c) that is rebuilt to increase
its registered length, gross tonnage, or shaft
horsepower.
``(5) Limitation on fishery endorsements.--Any vessel that is
replaced under this subsection shall thereafter not be eligible
for a fishery endorsement under section 12113 of title 46,
United States Code, unless that vessel is also a replacement
vessel described in paragraph (1).
``(6) Gulf of alaska limitation.--Notwithstanding paragraph
(1), the Secretary shall prohibit from participation in the
groundfish fisheries of the Gulf of Alaska any vessel that is
rebuilt or replaced under this subsection and that exceeds the
maximum length overall specified on the license that authorizes
fishing for groundfish pursuant to the license limitation
program under part 679 of title 50, Code of Federal
Regulations, as in effect on the date of enactment of the Coast
Guard Authorization Act of 2007.
``(7) Authority of pacific council.--Nothing in this section
shall be construed to diminish or otherwise affect the
authority of the Pacific Council to recommend to the Secretary
conservation and management measures to protect fisheries under
its jurisdiction (including the Pacific whiting fishery) and
participants in such fisheries from adverse impacts caused by
this Act.''.
(2) Exemption of certain vessels.--Section 203(g) of the
American Fisheries Act (title II of division C of Public Law
105-277; 112 Stat. 2681-620) is amended--
(A) by inserting ``and'' after ``(United States
official number 651041)'';
(B) by striking ``, NORTHERN TRAVELER (United States
official number 635986), and NORTHERN VOYAGER (United
States official number 637398) (or a replacement vessel
for the NORTHERN VOYAGER that complies with paragraphs
(2), (5), and (6) of section 208(g) of this Act)''; and
(C) by striking ``, in the case of the NORTHERN'' and
all that follows through ``PHOENIX,''.
(3) Fishery cooperative exit provisions.--Section 210(b) of
the American Fisheries Act (title II of division C of Public
Law 105-277; 112 Stat. 2681-629) is amended--
(A) by moving the matter beginning with ``the
Secretary shall'' in paragraph (1) 2 ems to the right;
(B) by adding at the end the following:
``(7) Fishery cooperative exit provisions.--
``(A) Fishing allowance determination.--For purposes
of determining the aggregate percentage of directed
fishing allowances under paragraph (1), when a catcher
vessel is removed from the directed pollock fishery,
the fishery allowance for pollock for the vessel being
removed--
``(i) shall be based on the catch history
determination for the vessel made pursuant to
section 679.62 of title 50, Code of Federal
Regulations, as in effect on the date of
enactment of the Coast Guard Authorization Act
of 2007; and
``(ii) shall be assigned, for all purposes
under this title, in the manner specified by
the owner of the vessel being removed to any
other catcher vessel or among other catcher
vessels participating in the fishery
cooperative if such vessel or vessels remain in
the fishery cooperative for at least one year
after the date on which the vessel being
removed leaves the directed pollock fishery.
``(B) Eligibility for fishery endorsement.--Except as
provided in subparagraph (C), a vessel that is removed
pursuant to this paragraph shall be permanently
ineligible for a fishery endorsement, and any claim
(including relating to catch history) associated with
such vessel that could qualify any owner of such vessel
for any permit to participate in any fishery within the
exclusive economic zone of the United States shall be
extinguished, unless such removed vessel is thereafter
designated to replace a vessel to be removed pursuant
to this paragraph.
``(C) Limitations on statutory construction.--Nothing
in this paragraph shall be construed--
``(i) to make the vessels AJ (United States
official number 905625), DONA MARTITA (United
States official number 651751), NORDIC EXPLORER
(United States official number 678234), and
PROVIDIAN (United States official number
1062183) ineligible for a fishery endorsement
or any permit necessary to participate in any
fishery under the authority of the New England
Fishery Management Council or the Mid-Atlantic
Fishery Management Council established,
respectively, under subparagraphs (A) and (B)
of section 302(a)(1) of the Magnuson-Stevens
Act; or
``(ii) to allow the vessels referred to in
clause (i) to participate in any fishery under
the authority of the Councils referred to in
clause (i) in any manner that is not consistent
with the fishery management plan for the
fishery developed by the Councils under section
303 of the Magnuson-Stevens Act.''.
SEC. 302. GOODS AND SERVICES.
Section 4(b) of the Act of July 5, 1884, commonly known as the Rivers
and Harbors Appropriation Act of 1884 (33 U.S.C. 5(b)), is amended--
(1) by striking ``or'' at the end of paragraph (2)(C);
(2) by striking the period at the end of paragraph (3) and
inserting ``; or''; and
(3) by adding at the end the following:
``(4) sales taxes on goods and services provided to or by
vessels or watercraft (other than vessels or watercraft
primarily engaged in foreign commerce).''.
SEC. 303. SEAWARD EXTENSION OF ANCHORAGE GROUNDS JURISDICTION.
Section 7 of the Rivers and Harbors Appropriations Act of 1915 (33
U.S.C. 471) is amended--
(1) by striking ``That the'' and inserting the following:
``(a) In General.--The''.
(2) in subsection (a) (as designated by paragraph (1)) by
striking ``$100; and the'' and inserting ``up to $10,000. Each
day during which a violation continues shall constitute a
separate violation. The'';
(3) by adding at the end the following:
``(b) Definition.--As used in this section `navigable waters of the
United States' includes all waters of the territorial sea of the United
States as described in Presidential Proclamation No. 5928 of December
27, 1988.''.
SEC. 304. MARITIME DRUG LAW ENFORCEMENT ACT AMENDMENT-SIMPLE
POSSESSION.
Section 70506 of title 46, United States Code, is amended by adding
at the end the following:
``(c) Simple Possession.--
``(1) In general.--Any individual on a vessel subject to the
jurisdiction of the United States who is found by the
Secretary, after notice and an opportunity for a hearing, to
have knowingly or intentionally possessed a controlled
substance within the meaning of the Controlled Substances Act
(21 U.S.C. 812) shall be liable to the United States for a
civil penalty of not to exceed $10,000 for each violation. The
Secretary shall notify the individual in writing of the amount
of the civil penalty.
``(2) Determination of amount.--In determining the amount of
the penalty, the Secretary shall consider the nature,
circumstances, extent, and gravity of the prohibited acts
committed and, with respect to the violator, the degree of
culpability, any history of prior offenses, ability to pay, and
other matters that justice requires.
``(3) Treatment of civil penalty assessment.--Assessment of a
civil penalty under this subsection shall not be considered a
conviction for purposes of State or Federal law but may be
considered proof of possession if such a determination is
relevant.''.
SEC. 305. TECHNICAL AMENDMENTS TO TONNAGE MEASUREMENT LAW.
(a) Definitions.--Section 14101(4) of title 46, United States Code,
is amended--
(1) by striking ``engaged'' the first place it appears and
inserting ``that engages'';
(2) in subparagraph (A), by striking ``arriving'' and
inserting ``that arrives'';
(3) in subparagraph (B)--
(A) by striking ``making'' and inserting ``that
makes''; and
(B) by striking ``(except a foreign vessel engaged on
that voyage)'';
(4) in subparagraph (C), by striking ``departing'' and
inserting ``that departs''; and
(5) in subparagraph (D), by striking ``making'' and inserting
``that makes''.
(b) Delegation of Authority.--Section 14103(c) of that title is
amended by striking ``intended to be engaged on'' and inserting ``that
engages on''.
(c) Application.--Section 14301 of that title is amended--
(1) by amending subsection (a) to read as follows:
``(a) Except as otherwise provided in this section, this chapter
applies to any vessel for which the application of an international
agreement or other law of the United States to the vessel depends on
the vessel's tonnage.'';
(2) in subsection (b)--
(A) in paragraph (1), by striking the period at the
end and inserting ``, unless the government of the
country to which the vessel belongs elects to measure
the vessel under this chapter.'';
(B) in paragraph (3), by inserting ``of United States
or Canadian registry or nationality, or a vessel
operated under the authority of the United States or
Canada, and that is'' after ``vessel'';
(C) in paragraph (4), by striking ``a vessel (except
a vessel engaged'' and inserting ``a vessel of United
States registry or nationality, or one operated under
the authority of the United States (except a vessel
that engages'';
(D) by striking paragraph (5);
(E) by redesignating paragraph (6) as paragraph (5);
and
(F) by amending paragraph (5), as so redesignated, to
read as follows:
``(5) a barge of United States registry or nationality, or a
barge operated under the authority of the United States (except
a barge that engages on a foreign voyage) unless the owner
requests.'';
(3) by striking subsection (c);
(4) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively; and
(5) in subsection (c), as redesignated, by striking ``After
July 18, 1994, an existing vessel (except an existing vessel
referred to in subsection (b)(5)(A) or (B) of this section)''
and inserting ``An existing vessel that has not undergone a
change that the Secretary finds substantially affects the
vessel's gross tonnage (or a vessel to which IMO Resolutions
A.494 (XII) of November 19, 1981, A.540 (XIII) of November 17,
1983, or A.541 (XIII) of November 17, 1983 apply)''.
(d) Measurement.--Section 14302(b) of that title is amended to read
as follows:
``(b) A vessel measured under this chapter may not be required to be
measured under another law.''.
(e) Tonnage Certificate.--
(1) Issuance.--Section 14303 of title 46, United States Code,
is amended--
(A) in subsection (a), by adding at the end the
following: ``For a vessel to which the Convention does
not apply, the Secretary shall prescribe a certificate
to be issued as evidence of a vessel's measurement
under this chapter.'';
(B) in subsection (b), by inserting ``issued under
this section'' after ``certificate''; and
(C) in the section heading by striking
``International'' and ``(1969)''.
(2) Maintenance.--Section 14503 of that title is amended--
(A) by designating the existing text as subsection
(a); and
(B) by adding at the end the following new
subsection:
``(b) The certificate shall be maintained as required by the
Secretary.''.
(3) Clerical amendment.--The analysis at the beginning of
chapter 143 of that title is amended by striking the item
relating to section 14303 and inserting the following:
``14303. Tonnage Certificate.''.
(f) Optional Regulatory Measurement.--Section 14305(a) of that title
is amended by striking ``documented vessel measured under this
chapter,'' and inserting ``vessel measured under this chapter that is
of United States registry or nationality, or a vessel operated under
the authority of the United States,''.
(g) Application.--Section 14501 of that title is amended--
(1) by amending paragraph (1) to read as follows:
``(1) A vessel not measured under chapter 143 of this title
if the application of an international agreement or other law
of the United States to the vessel depends on the vessel's
tonnage.''; and
(2) in paragraph (2), by striking ``a vessel'' and inserting
``A vessel''.
(h) Dual Tonnage Measurement.--Section 14513(c) of that title is
amended--
(1) in paragraph (1)--
(A) by striking ``vessel's tonnage mark is below the
uppermost part of the load line marks,'' and inserting
``vessel is assigned two sets of gross and net tonnages
under this section,''; and
(B) by inserting ``vessel's tonnage'' before ``mark''
the second place such term appears; and
(2) in paragraph (2), by striking the period at the end and
inserting ``as assigned under this section.''.
(i) Reciprocity for Foreign Vessels.--Subchapter II of chapter 145 of
that title is amended by adding at the end the following:
``Sec. 14514. Reciprocity for foreign vessels
``For a foreign vessel not measured under chapter 143, if the
Secretary finds that the laws and regulations of a foreign country
related to measurement of vessels are substantially similar to those of
this chapter and the regulations prescribed under this chapter, the
Secretary may accept the measurement and certificate of a vessel of
that foreign country as complying with this chapter and the regulations
prescribed under this chapter.''.
(j) Clerical Amendment.--The analysis for subchapter II of chapter
145 of such title is amended by adding at the end the following:
``14514. Reciprocity for foreign vessels.''.
SEC. 306. ACCESS FOR SEAMEN.
A seaman assigned to a vessel docked at a facility with a security
plan approved under section 70103(c) of title 46, United States Code,
and pilots and representatives of seamen's welfare and labor
organizations, who board and depart from the vessel in compliance with
the provisions of the facility security plan shall be provided access
through the facility at no cost to the individual.
SEC. 307. FISHING VESSEL SAFETY.
(a) Safety Standards.--Section 4502 of title 46, United States Code,
is amended--
(1) in subsection (a), by--
(A) striking paragraphs (6) and (7) and inserting the
following:
``(6) other equipment required to minimize the risk of injury
to the crew during vessel operations, if the Secretary
determines that a risk of serious injury exists that can be
eliminated or mitigated by that equipment; and''; and
(B) redesignating paragraph (8) as paragraph (7);
(2) in subsection (b)--
(A) in paragraph (1) in the matter preceding
subparagraph (A), by striking ``documented'';
(B) in paragraph (1)(A), by striking ``the Boundary
Line'' and inserting ``3 nautical miles from the
baseline from which the territorial sea of the United
States is measured or beyond 3 nautical miles from the
coastline of the Great Lakes'';
(C) in paragraph (2)(B), by striking ``lifeboats or
liferafts'' and inserting ``a survival craft that
ensures that no part of an individual is immersed in
water'';
(D) in paragraph (2)(D), by inserting ``marine''
before ``radio'';
(E) in paragraph (2)(E), by striking ``radar
reflectors, nautical charts, and anchors'' and
inserting ``nautical charts, and publications'';
(F) in paragraph (2)(F), by striking ``, including
medicine chests'' and inserting ``and medical supplies
sufficient for the size and area of operation of the
vessel'' and
(G) by amending paragraph (2)(G) to read as follows:
``(G) ground tackle sufficient for the vessel.'';
(3) by amending subsection (f) to read as follows:
``(f) To ensure compliance with the requirements of this chapter, the
Secretary--
``(1) shall require the individual in charge of a vessel
described in subsection (b) to keep a record of equipment
maintenance, and required instruction and drills; and
``(2) shall examine at dockside a vessel described in
subsection (b) at least twice every 5 years, and shall issue a
certificate of compliance to a vessel meeting the requirements
of this chapter.''; and
(4) by adding at the end the following:
``(g)(1) The individual in charge of a vessel described in subsection
(b) must pass a training program approved by the Secretary that meets
the requirements in paragraph (2) of this subsection and hold a valid
certificate issued under that program.
``(2) The training program shall--
``(A) be based on professional knowledge and skill obtained
through sea service and hands-on training, including training
in seamanship, stability, collision prevention, navigation,
fire fighting and prevention, damage control, personal
survival, emergency medical care, and weather;
``(B) require an individual to demonstrate ability to
communicate in an emergency situation and understand
information found in navigation publications;
``(C) recognize and give credit for recent past experience in
fishing vessel operation; and
``(D) provide for issuance of a certificate to an individual
that has successfully completed the program.
``(3) The Secretary shall prescribe regulations implementing this
subsection. The regulations shall require that individuals who are
issued a certificate under paragraph (2)(D) must complete refresher
training at least once every 5 years as a condition of maintaining the
validity of the certificate.
``(4) The Secretary shall establish a publicly accessible electronic
database listing the names of individuals who have participated in and
received a certificate confirming successful completion of a training
program approved by the Secretary under this section.
``(h) A vessel to which this chapter applies shall be constructed in
a manner that provides a level of safety equivalent to the minimum
safety standards the Secretary may established for recreational vessels
under section 4302, if--
``(1) subsection (b) of this section applies to the vessel;
``(2) the vessel is less than 50 feet overall in length; and
``(3) the vessel is built after January 1, 2008.
``(i)(1) The Secretary shall establish a Fishing Safety Training
Grants Program to provide funding to municipalities, port authorities,
other appropriate public entities, not-for-profit organizations, and
other qualified persons that provide commercial fishing safety
training--
``(A) to conduct fishing vessel safety training that meets
the requirements of subsection (g); and
``(B) for purchase of safety equipment and training aids for
use in those fishing vessel safety training programs.
``(2) The Secretary shall award grants under this subsection on a
competitive basis.
``(3) The Federal share of the cost of any activity carried out with
a grant under this subsection shall not exceed 75 percent.
``(4) There is authorized to be appropriated $3,000,000 for each of
fiscal years 2008 through 2012 for grants under this subsection.
``(j)(1) The Secretary shall establish a Fishing Safety Research
Grant Program to provide funding to individuals in academia, members of
non-profit organizations and businesses involved in fishing and
maritime matters, and other persons with expertise in fishing safety,
to conduct research on methods of improving the safety of the
commercial fishing industry, including vessel design, emergency and
survival equipment, enhancement of vessel monitoring systems,
communications devices, de-icing technology, and severe weather
detection.
``(2) The Secretary shall award grants under this subsection on a
competitive basis.
``(3) The Federal share of the cost of any activity carried out with
a grant under this subsection shall not exceed 75 percent.''.
(b) Conforming Amendment.--Section 4506(b) of title 46, United States
Code, is repealed.
(c) Advisory Committee.--
(1) Change of name.--Section 4508 of title 46, United States
Code, is amended--
(A) by striking the section heading and inserting the
following:
``Sec. 4508. Commercial Fishing Safety Advisory Committee'';
and
(B) in subsection (a) by striking ``Industry
Vessel''.
(2) Clerical amendment.--The table of section at the
beginning of chapter 45 of title 46, United States Code, is
amended by striking the item relating to such section and
inserting the following:
``4508. Commercial Fishing Safety Advisory Committee.''.
(d) Loadlines for Vessels Over 79 Feet.--Section 5102(b)(3) of title
46, United States Code, is amended by inserting after ``vessel'' the
following ``, unless the vessel is built or undergoes a major
conversion completed after January 1, 2008''.
(e) Classing of Vessels.--
(1) In general.--Section 4503 of title 46, United States
Code, is amended--
(A) by striking the section heading and inserting the
following:
``Sec. 4503. Fishing, fish tender, and fish processing vessel
certification'';
(B) in subsection (a) by striking ``fish
processing''; and
(C) by adding at the end the following:
``(c) This section applies to a vessel to which section 4502(b) of
this title applies that--
``(1) is at least 50 feet overall in length;
``(2) is built after January 1, 2008; or
``(3) undergoes a major conversion completed after that date.
``(d) After January 1, 2018, this section applies to a fishing vessel
or fish tender vessel that is built before January 1, 2008, and is 25
years of age or older, unless the vessel complies with an alternate
safety compliance program prescribed by the Secretary.''.
(2) Clerical amendment.--The table of section at the
beginning of chapter 45 of title 46, United States Code, is
amended by striking the item relating to such section and
inserting the following:
``4503. Fishing, fish tender, and fish processing vessel
certification.''.
(f) Alternative Safety Compliance Program.--No later than January 1,
2015, the Secretary of the department in which the Coast Guard is
operating shall prescribe an alternative safety compliance program
referred to in section 4503(d) of the title 46, United States Code, as
amended by this section.
SEC. 308. MARINER RECORDS.
Section 7502 of title 46, United States Code, is amended--
(1) by inserting ``(a)'' before ``The'';
(2) by striking ``computerized records'' and inserting
``records, including electronic records,''; and
(3) by adding at the end the following:
``(b) The Secretary may prescribe regulations requiring a vessel
owner or managing operator of a commercial vessel, or the employer of a
seaman on that vessel, to maintain records of each individual engaged
on the vessel on matters of engagement, discharge, and service for not
less than 5 years after the date of the completion of the service of
that individual on the vessel. The regulations may require that a
vessel owner, managing operator, or employer shall make these records
available to the individual and the Coast Guard on request.
``(c) A person violating this section, or a regulation prescribed
under this section, is liable to the United States Government for a
civil penalty of not more than $5,000.''.
SEC. 309. DELETION OF EXEMPTION OF LICENSE REQUIREMENT FOR OPERATORS OF
CERTAIN TOWING VESSELS.
Section 8905 of title 46, United States Code, is amended--
(1) by striking subsection (b); and
(2) by redesignating subsection (c) as subsection (b).
SEC. 310. ADJUSTMENT OF LIABILITY LIMITS FOR NATURAL GAS DEEPWATER
PORTS.
Section 1004(d)(2) of the Oil Pollution Act of 1990 (33 U.S.C.
2704(d)(2)) is amended by adding at the end the following:
``(D) The Secretary may establish, by regulation, a
limit of liability of not less than $12,000,000 for a
deepwater port used only in connection with
transportation of natural gas.''.
SEC. 311. PERIOD OF LIMITATIONS FOR CLAIMS AGAINST OIL SPILL LIABILITY
TRUST FUND.
Section 1012(h)(1) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(h)(1)) is amended by striking ``6'' and inserting ``3''.
SEC. 312. LOG BOOKS.
(a) In General.--Chapter 113 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 11304. Additional logbook and entry requirements
``(a) A vessel of the United States that is subject to inspection
under section 3301 of this title, except a vessel on a voyage from a
port in the United States to a port in Canada, shall have an official
logbook.
``(b) The log book required by subsection (a) shall include the
following entries:
``(1) The time when each seaman and each officer assumed or
relieved the watch.
``(2) The number of hours in service to the vessels of each
seaman and each officer.
``(3) An account of each accident, illness, and injury that
occurs during each watch.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following:
``11304. Additional logbook and entry requirements.''.
SEC. 313. UNSAFE OPERATION.
(a) In General.--Chapter 21 of title 46, United States Code, is
amended by adding at the end the following new section:
``Sec. 2116. Termination for unsafe operation
``An individual authorized to enforce this title--
``(1) may remove a certificate required by this title from a
vessel that is operating in a condition that does not comply
with the provisions of the certificate;
``(2) may order the individual in charge of a vessel that is
operating that does not have on board the certificate required
by this title to return the vessel to a mooring and to remain
there until the vessel is in compliance with this title; and
``(3) may direct the individual in charge of a vessel to
which this title applies to immediately take reasonable steps
necessary for the safety of individuals on board the vessel if
the official observes the vessel being operated in an unsafe
condition that the official believes creates an especially
hazardous condition, including ordering the individual in
charge to return the vessel to a mooring and to remain there
until the situation creating the hazard is corrected or
ended.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following:
``2116. Termination for unsafe operation.''.
SEC. 314. APPROVAL OF SURVIVAL CRAFT.
(a) In General.--Chapter 31 of title 46, United States Code, is
amended by adding at the end the following new section:
``Sec. 3104. Survival craft
``(a) Except as provided in subsection (b), the Secretary may not
approve a survival craft as a safety device for purposes of this part,
unless the craft ensures that no part of an individual is immersed in
water.
``(b) The Secretary may authorize a survival craft that does not
provide protection described in subsection (a) to remain in service
until not later than January 1, 2013, if--
``(1) it was approved by the Secretary before January 1,
2008; and
``(2) it is in serviceable condition.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following:
``3104. Survival craft.''.
SEC. 315. SAFETY MANAGEMENT.
(a) Vessels to Which Requirements Apply.--Section 3202 of title 46,
United States Code, is amended--
(1) in subsection (a) by striking the heading and inserting
``Foreign Voyages and Foreign Vessels.--'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(3) by inserting after subsection (a) the following:
``(b) Other Passenger Vessels.--This chapter applies to a vessel that
is--
``(1) a passenger vessel or small passenger vessel; and
``(2) is transporting more passengers than a number
prescribed by the Secretary based on the number of individuals
on the vessel that could be killed or injured in a marine
casualty.'';
(4) in subsection (d), as so redesignated, by striking
``subsection (b)'' and inserting ``subsection (c)'';
(5) in subsection (d)(4), as so redesignated, by inserting
``that is not described in subsection (b) of this section''
after ``waters''.
(b) Safety Management System.--Section 3203 of title 46, United
States Code, is amended by adding at the end the following new
subsection:
``(c) In prescribing regulations for passenger vessels and small
passenger vessels, the Secretary shall consider the characteristics,
methods of operation, and nature of the service of these vessels.''.
SEC. 316. PROTECTION AGAINST DISCRIMINATION.
(a) In General.--Section 2114 of title 46, United States Code, is
amended--
(1) in subsection (a)(1)(A), by striking ``or'' after the
semicolon;
(2) in subsection (a)(1)(B), by striking the period at the
end and inserting a semicolon;
(3) by adding at the end of subsection (a)(1) the following
new subparagraphs:
``(C) the seaman testified in a proceeding brought to enforce
a maritime safety law or regulation prescribed under that law;
``(D) the seaman notified, or attempted to notify, the vessel
owner or the Secretary of a work-related personal injury or
work-related illness of a seaman;
``(E) the seaman cooperated with a safety investigation by
the Secretary or the National Transportation Safety Board;
``(F) the seaman furnished information to the Secretary, the
National Transportation Safety Board, or any other public
official as to the facts relating to any marine casualty
resulting in injury or death to an individual or damage to
property occurring in connection with vessel transportation; or
``(G) the seaman accurately reported hours of duty under this
part.''; and
(4) by amending subsection (b) to read as follows:
``(b) A seaman alleging discharge or discrimination in violation of
subsection (a) of this section, or another person at the seaman's
request, may file a complaint with respect to such allegation in the
same manner as a complaint may be filed under subsection (b) of section
31105 of title 49. Such complaint shall be subject to the procedures,
requirements, and rights described in that section, including with
respect to the right to file an objection, the right of a person to
file for a petition for review under subsection (c) of that section,
and the requirement to bring a civil action under subsection (d) of
that section.''.
(b) Existing Actions.--This section shall not affect the application
of section 2114(b) of title 46, United States Code, as in effect before
the date of enactment of this Act, to an action filed under that
section before that date.
SEC. 317. DRY BULK CARGO RESIDUE.
Section 623(a)(2) of the Coast Guard and Maritime Transportation Act
of 2004 (33 U.S.C. 1901 note) is amended by striking ``2008'' and
inserting ``2009''.
SEC. 318. CLARIFICATION OF DELEGATION OF AUTHORITY TO CLASSIFICATION
SOCIETIES.
Section 3316 of title 46, United States Code, is amended--
(1) in subsection (b)(1), by inserting ``or for a floating
installation'' after ``chapter 121 of this title'';
(2) in subsection (b)(2)(A), by inserting ``or for floating
installations'' after ``vessels documented in that country'';
(3) in subsection (b)(3)(A), by inserting ``or floating
installation'' after ``after the vessel''; and
(4) by adding at the end the following new subsection:
``(d) For purposes of this section, the term `floating installation'
means any installation, structure, or other device that floats and that
either 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)), and is used for the purpose of exploring for, developing,
producing, or storing the resources from that seabed or subsoil.''.
SEC. 319. REGISTRY ENDORSEMENT FOR LNG VESSELS.
Section 12111 of title 46, United States Code, is amended by adding
at the end the following:
``(d) A vessel or facility for which a registry endorsement is not
issued may not engage in regassifying on navigable waters unless the
vessel or facility transported the gas from a foreign port.''.
SEC. 320. OATHS.
Sections 7105 and 7305 of title 46, United States Code, and the items
relating to such sections in the analysis for chapters 71 and 73 of
such title, are repealed.
SEC. 321. DURATION OF CREDENTIALS.
(a) Merchant Mariner's Documents.--Section 7302(f) of title 46,
United States Code, is amended to read as follows:
``(f) Periods of Validity and Renewal of Merchant Mariners'
Documents.--
``(1) In general.--Except as provided in subsection (g), a
merchant mariner's document issued under this chapter is valid
for a 5-year period and may be renewed for additional 5-year
periods.
``(2) Advance renewals.--A renewed merchant mariner's
document may be issued under this chapter up to 8 months in
advance but is not effective until the date that the previously
issued merchant mariner's document expires.''.
(b) Duration of Licenses.--Section 7106 of such title is amended to
read as follows:
``Sec. 7106. Duration of licenses
``(a) In General.--A license issued under this part is valid for a 5-
year period and may be renewed for additional 5-year periods; except
that the validity of a license issued to a radio officer is conditioned
on the continuous possession by the holder of a first-class or second-
class radiotelegraph operator license issued by the Federal
Communications Commission.
``(b) Advance Renewals.--A renewed license issued under this part may
be issued up to 8 months in advance but is not effective until the date
that the previously issued license expires.''.
(c) Certificates of Registry.--Section 7107 of such title is amended
to read as follows:
``Sec. 7107. Duration of certificates of registry
``(a) In General.--A certificate of registry issued under this part
is valid for a 5-year period and may be renewed for additional 5-year
periods; except that the validity of a certificate issued to a medical
doctor or professional nurse is conditioned on the continuous
possession by the holder of a license as a medical doctor or registered
nurse, respectively, issued by a State.
``(b) Advance Renewals.--A renewed certificate of registry issued
under this part may be issued up to 8 months in advance but is not
effective until the date that the previously issued certificate of
registry expires.''.
SEC. 322. FINGERPRINTING.
(a) Merchant Mariner Licenses and Documents.--Chapter 75 of title 46,
United States Code, is amended by adding at the end the following:
``Sec. 7507. Fingerprinting
``The Secretary of the Department in which the Coast Guard is
operating may not require an individual to be fingerprinted for the
issuance or renewal of a license, a certificate of registry, or a
merchant mariner's document under chapter 71 or 73 if the individual
was fingerprinted when the individual applied for a transportation
security card under section 70105.''.
(b) Clerical Amendment.--The analysis for such chapter is amended by
adding at the end the following:
``7507. Fingerprinting.''.
SEC. 323. AUTHORIZATION TO EXTEND THE DURATION OF LICENSES,
CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS'
DOCUMENTS.
(a) Merchant Mariner Licenses and Documents.--Chapter 75 of title 46,
United States Code, as amended by section 322(a) of this Act, is
further amended by adding at the end the following:
``Sec. 7508. Authority to extend the duration of licenses, certificates
of registry, and merchant mariner documents
``(a) Licenses and Certificates of Registry.--Notwithstanding section
7106 and 7107, the Secretary of the department in which the Coast Guard
is operating may extend for one year an expiring license or certificate
of registry issued for an individual under chapter 71 if the Secretary
determines that extension is required to enable the Coast Guard to
eliminate a backlog in processing applications for those licenses or
certificates of registry.
``(b) Merchant Mariner Documents.--Notwithstanding section 7302(g),
the Secretary may extend for one year an expiring merchant mariner's
document issued for an individual under chapter 71 if the Secretary
determines that extension is required to enable the Coast Guard to
eliminate a backlog in processing applications for those documents.
``(c) Manner of Extension.--Any extensions granted under this section
may be granted to individual seamen or a specifically identified group
of seamen.
``(d) Expiration of Authority.--The authority for providing an
extension under this section shall expire on June 30, 2009.''.
(b) Clerical Amendment.--The analysis for such chapter, as amended by
section 322(b), is further amended by adding at the end the following:
``7508. Authority to extend the duration of licenses, certificates of
registry, and merchant mariner documents.''.
SEC. 324. MERCHANT MARINER DOCUMENTATION.
(a) Interim Clearance Process.--Not later than 180 days after the
date of enactment of this Act, the Secretary of the department in which
the Coast Guard is operating shall develop an interim clearance process
for issuance of a merchant mariner document to enable a newly hired
seaman to begin working on an offshore supply vessel or towing vessel
if the Secretary makes an initial determination that the seaman does
not pose a safety and security risk.
(b) Contents of Process.--The process under subsection (a) shall
include a check against the consolidated and integrated terrorist watch
list maintained by the Federal Government, review of the seaman's
criminal record, and review of the results of testing the seaman for
use of a dangerous drug (as defined in section 2101 of title 46, United
States Code) in violation of law or Federal regulation.
SEC. 325. MERCHANT MARINER ASSISTANCE REPORT.
Not later than 180 days after the date of enactment of this Act, the
Commandant of the Coast Guard shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report regarding a plan--
(1) to expand the streamlined evaluation process program that
was affiliated with the Houston Regional Examination Center of
the Coast Guard to all processing centers of the Coast Guard
nationwide;
(2) to include proposals to simplify the application process
for a license as an officer, staff officer, or operator and for
a merchant mariner's document to help eliminate errors by
merchant mariners when completing the application form (CG-
719B), including instructions attached to the application form
and a modified application form for renewals with questions
pertaining only to the period of time since the previous
application;
(3) to provide notice to an applicant of the status of the
pending application, including a process to allow the applicant
to check on the status of the application by electronic means;
and
(4) to ensure that all information collected with respect to
applications for new or renewed licenses, merchant mariner
documents, and certificates of registry is retained in a secure
electronic format.
SEC. 326. MERCHANT MARINER SHORTAGE REPORT.
Not later than 180 days after the date of enactment of this Act, the
Secretary of Transportation, acting through the Administrator of the
Maritime Administration, 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 concerning methods to address the current and future shortage in
the number of merchant mariners, particularly entry-level mariners,
including an evaluation of whether an educational loan program
providing loans for the cost of on-the-job training would provide an
incentive for workers and help alleviate the shortage.
SEC. 327. MERCHANT MARINER DOCUMENT STANDARDS.
Not later than 270 days after the date of enactment of this Act, the
Secretary of the department in which the Coast Guard is operating shall
submit to the Committees on Transportation and Infrastructure and
Homeland Security of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate--
(1) a plan to ensure that the process for an application, by
an individual who has, or has applied for, a transportation
security card under section 70105 of title 46, United States
Code, for a merchant mariner document can be completed entirely
by mail; and
(2) a report on the feasibility of, and a timeline to,
redesign the merchant mariner document to comply with the
requirements of such section, including a biometric identifier,
and all relevant international conventions, including the
International Labour Organization Convention Number 185
concerning the seafarers identity document, and include a
review on whether or not such redesign will eliminate the need
for separate credentials and background screening and
streamline the application process for mariners.
SEC. 328. WATERSIDE SECURITY AROUND LIQUEFIED NATURAL GAS TERMINALS AND
LIQUEFIED NATURAL GAS TANKERS.
(a) In General.--The Commandant of the Coast Guard shall be
responsible for ensuring appropriate waterside security services, based
on the threat, vulnerability, and consequence of a terrorist attack,
around liquefied natural gas terminals and around tankers transporting
liquefied natural gas in security zones established by the Coast Guard.
(b) Limitation on Reliance on State and Local Government.--Security
arrangements approved as part of the facility security plan approved
under section 70103 of title 46, United States Code, for an onshore
liquefied natural gas terminal may not be based upon the provision of
security by a State or local government unless the State or local
government has entered into a contract, cooperative agreement, or other
arrangement with the terminal operator to provide such services and the
Secretary certifies that the waterborne patrols operated by State or
local governments have the training, resources, personnel, equipment,
and experience necessary to successfully deter and respond to
transportation security incidents (as that term is defined in section
70101of title 46, United States Code).
(c) Enforcement of Security Zones.--
(1) In general.--Security zones established by the Coast
Guard around tankers transporting liquefied natural gas shall
be enforced by the Coast Guard.
(2) Utilization of state and local resources.--Subject to any
contract, cooperative agreement, or other arrangement
established in accordance with subsection (b), the Coast Guard
may utilize State or local government resources to assist in
enforcing any security zone established by the Coast Guard.
(3) Reimbursement.-- Any Federal, State, or local entity
enforcing a security zone established by the Coast Guard for a
liquefied natural gas terminal or for a tanker traveling to or
from such a terminal, may seek appropriate reimbursement from
the terminal.
(d) Certification Required for New LNG Terminals.--The Secretary of
the department in which the Coast Guard is operating may not approve a
facility security plan under section 70103 of title 46, United States
Code, for a liquefied natural gas terminal the construction of which is
begun after the date of enactment of this Act unless the Secretary
certifies that the Coast Guard sector in which the terminal is located
has all of the assets it needs to provide waterside security around the
terminal and to provide security around tankers transporting liquefied
natural gas in security zones established by the Coast Guard.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. CERTIFICATE OF DOCUMENTATION FOR GALLANT LADY.
Section 1120(c) of the Coast Guard Authorization Act of 1996 (110
Stat. 3977) is amended--
(1) in paragraph (1)--
(A) by striking ``of Transportation'' and inserting
``of the department in which the Coast Guard is
operating''; and
(B) by striking subparagraph (A) and inserting the
following:
``(A) the vessel GALLANT LADY (Feadship hull number
672, approximately 168 feet in length).'';
(2) by striking paragraphs (3) and (4) and redesignating
paragraph (5) as paragraph (3); and
(3) in paragraph (3) (as so redesignated) by striking all
after ``shall expire'' and inserting ``on the date of the sale
of the vessel by the owner.''.
SEC. 402. WAIVER.
Notwithstanding section 12112 and chapter 551 of title 46, United
States Code, the Secretary of the department in which the Coast Guard
is operating may issue a certificate of documentation with a coastwise
endorsement for the OCEAN VERITAS (IMO Number 7366805).
SEC. 403. GREAT LAKES MARITIME RESEARCH INSTITUTE.
Section 605 of the Coast Guard and Maritime Transportation Act of
2004 (118 Stat. 1052) is amended--
(1) in subsection (b)(1)--
(A) by striking ``The Secretary of Transportation
shall conduct a study that'' and inserting ``The
Institute shall conduct maritime transportation studies
of the Great Lakes region, including studies that'';
(B) in subparagraphs (A), (B), (C), (E), (F), (H),
(I), and (J) by striking ``evaluates'' and inserting
``evaluate'';
(C) in subparagraphs (D) and (G) by striking
``analyzes'' and inserting ``analyze'';
(D) by striking ``and'' at the end of subparagraph
(I);
(E) by striking the period at the end of subparagraph
(J) and inserting a semicolon;
(F) by adding at the end the following:
``(K) identify ways to improve the integration of the
Great Lakes marine transportation system into the
national transportation system;
``(L) examine the potential of expanded operations on
the Great Lakes marine transportation system;
``(M) identify ways to include intelligent
transportation applications into the Great Lakes marine
transportation system;
``(N) analyze the effects and impacts of aging
infrastructure and port corrosion on the Great Lakes
marine transportation system;
``(O) establish and maintain a model Great Lakes
marine transportation system database; and
``(P) identify market opportunities for, and
impediments to, the use of United States-flag vessels
in trade with Canada on the Great Lakes.''; and
(2) by striking subsection (b)(4) and inserting the
following:
``(4) Authorization of appropriations.--There are authorized
to be appropriated to carry out paragraph (1)--
``(A) $2,100,000 for fiscal year 2007;
``(B) $2,200,000 for fiscal year 2008;
``(C) $2,300,000 for fiscal year 2009;
``(D) $2,400,000 for fiscal year 2010; and
``(E) $2,500,000 for fiscal year 2011.''.
SEC. 404. CONVEYANCE.
(a) Station Brant Point Boat House.--
(1) Requirement.--The Secretary of the department in which
the Coast Guard is operating shall convey to the town of
Nantucket, Massachusetts, all right, title, and interest of the
United States in and to the buildings known as the Station
Brant Point Boat House located at Coast Guard Station Brant
Point, Nantucket, Massachusetts, for use for a public purpose.
(2) Terms of conveyance.--A conveyance of the building under
paragraph (1) shall be made--
(A) without the payment of consideration; and
(B) subject to appropriate terms and conditions the
Secretary considers necessary.
(3) Reversionary interest.--All right, title, and interest in
property conveyed under this subsection shall revert to the
United States if any portion of the property is used other than
for a public purpose.
(b) Lease.--
(1) Requirement.--The Secretary of the department in which
the Coast Guard is operating shall enter into a lease with the
town of Nantucket that authorizes the town of Nantucket to
occupy the land on which the buildings conveyed under
subsection (a) are located, subject to appropriate terms and
conditions the Secretary considers necessary.
(2) Lease term.--A lease under this subsection shall not
expire before January 31, 2033.
(3) Termination of lease.--If the Secretary determines that
the property leased under paragraph (1) is necessary for
purposes of the Coast Guard, the Secretary--
(A) may terminate the lease without payment of
compensation; and
(B) shall provide the town of Nantucket not less than
12 months notice of the requirement to vacate the site
and move the buildings conveyed under subsection (a) to
another location.
SEC. 405. CREW WAGES ON PASSENGER VESSELS.
(a) Foreign and Intercoastal Voyages.--
(1) Cap on penalty wages.--Section 10313(g) of title 46,
United States Code, is amended--
(A) by striking ``When'' and inserting ``(1) Subject
to paragraph (2), when''; and
(B) by adding at the end the following:
``(2) The total amount required to be paid under paragraph (1) with
respect to all claims in a class action suit by seamen on a passenger
vessel capable of carrying more than 500 passengers for wages under
this section against a vessel master, owner, or operator or the
employer of the seamen shall not exceed ten times the unpaid wages that
are the subject of the claims.
``(3) A class action suit for wages under this subsection must be
commenced within three years after the later of--
``(A) the date of the end of the last voyage for which the
wages are claimed; or
``(B) the receipt, by a seaman who is a claimant in the suit,
of a payment of wages that are the subject of the suit that is
made in the ordinary course of employment.''.
(2) Deposits.--Section 10315 of such title is amended by
adding at the end the following:
``(f) Deposits in Seaman Account.--A seaman employed on a passenger
vessel capable of carrying more than 500 passengers may authorize, by
written request signed by the seaman, the master, owner, or operator of
the vessel, or the employer of the seaman, to make deposits of wages of
the seaman into a checking, savings, investment, or retirement account,
or other account to secure a payroll or debit card for the seaman if--
``(1) the wages designated by the seaman for such deposit are
deposited in a United States or international financial
institution designated by the seaman;
``(2) such deposits in the financial institution are fully
guaranteed under commonly accepted international standards by
the government of the country in which the financial
institution is licensed;
``(3) a written wage statement or pay stub, including an
accounting of any direct deposit, is delivered to the seaman no
less often than monthly; and
``(4) while on board the vessel on which the seaman is
employed, the seaman is able to arrange for withdrawal of all
funds on deposit in the account in which the wages are
deposited.''.
(b) Coastwise Voyages.--
(1) Cap on penalty wages.--Section 10504(c) of such title is
amended--
(A) by striking ``When'' and inserting ``(1) Subject
to subsection (d), and except as provided in paragraph
(2), when''; and
(B) by inserting at the end the following:
``(2) The total amount required to be paid under paragraph (1) with
respect to all claims in a class action suit by seamen on a passenger
vessel capable of carrying more than 500 passengers for wages under
this section against a vessel master, owner, or operator or the
employer of the seamen shall not exceed ten times the unpaid wages that
are the subject of the claims.
``(3) A class action suit for wages under this subsection must be
commenced within three years after the later of--
``(A) the date of the end of the last voyage for which the
wages are claimed; or
``(B) the receipt, by a seaman who is a claimant in the suit,
of a payment of wages that are the subject of the suit that is
made in the ordinary course of employment.''.
(2) Deposits.--Section 10504 of such title is amended by
adding at the end the following:
``(f) Deposits in Seaman Account.--A seaman employed on a passenger
vessel capable of carrying more than 500 passengers may authorize, by
written request signed by the seaman, the master, owner, or operator of
the vessel, or the employer of the seaman, to make deposits of wages of
the seaman into a checking, savings, investment, or retirement account,
or other account to secure a payroll or debit card for the seaman if--
``(1) the wages designated by the seaman for such deposit are
deposited in a United States or international financial
institution designated by the seaman;
``(2) such deposits in the financial institution are fully
guaranteed under commonly accepted international standards by
the government of the country in which the financial
institution is licensed;
``(3) a written wage statement or pay stub, including an
accounting of any direct deposit, is delivered to the seaman no
less often than monthly; and
``(4) while on board the vessel on which the seaman is
employed, the seaman is able to arrange for withdrawal of all
funds on deposit in the account in which the wages are
deposited.''.
SEC. 406. TECHNICAL CORRECTIONS.
(a) Coast Guard and Maritime Transportation Act of 2006.--Effective
with enactment of the Coast Guard and Maritime Transportation Act of
2006 (Public Law 109-241), such Act is amended--
(1) in section 311(b) (120 Stat. 530) by inserting
``paragraphs (1) and (2) of'' before ``section 8104(o)'';
(2) in section 603(a)(2) (120 Stat. 554) by striking ``33
U.S.C. 2794(a)(2)'' and inserting ``33 U.S.C. 2704(a)(2)'';
(3) in section 901(r)(2) (120 Stat. 566) by striking ``the''
the second place it appears;
(4) in section 902(c) (120 Stat. 566) by inserting ``of the
United States'' after ``Revised Statutes'';
(5) in section 902(e) (120 Stat. 567) is amended--
(A) by inserting ``and'' after the semicolon at the
end of paragraph (1);
(B) by striking ``and'' at the end of paragraph
(2)(A); and
(C) by redesignating paragraphs (3) and (4) as
subparagraphs (C) and (D) of paragraph (2),
respectively, and aligning the left margin of such
subparagraphs with the left margin of subparagraph (A)
of paragraph (2);
(6) in section 902(e)(2)(C) (as so redesignated) by striking
``this section'' and inserting ``this paragraph'';
(7) in section 902(e)(2)(D) (as so redesignated) by striking
``this section'' and inserting ``this paragraph'';
(8) in section 902(h)(1) (120 Stat. 567)--
(A) by striking ``Bisti/De-Na-Zin'' and all that
follows through ``Protection'' and inserting ``Omnibus
Parks and Public Lands Management''; and
(B) by inserting a period after ``Commandant of the
Coast Guard'';
(9) in section 902(k) (120 Stat. 568) is amended--
(A) by inserting ``the Act of March 23, 1906,
commonly known as'' before ``the General Bridge'';
(B) by striking ``491)'' and inserting ``494),''; and
(C) by inserting ``each place it appears'' before
``and inserting''; and
(10) in section 902(o) (120 Stat. 569) by striking the period
after ``Homeland Security''.
(b) Title 14.--(1) The analysis for chapter 7 of title 14, United
States Code, is amended by adding a period at the end of the item
relating to section 149.
(2) The analysis for chapter 17 of title 14, United States Code, is
amended by adding a period at the end of the item relating to section
677.
(3) The analysis for chapter 9 of title 14, United States Code, is
amended by adding a period at the end of the item relating to section
198.
(c) Title 46.--(1) The analysis for chapter 81 of title 46, United
States Code, is amended by adding a period at the end of the item
relating to section 8106.
(2) Section 70105(c)(3)(C) of such title is amended by striking
``National Intelligence Director'' and inserting ``Director of National
Intelligence''.
(d) Deepwater Port Act of 1974.--Section 5(c)(2) of the Deepwater
Port Act of 1974 (33 U.S.C. 1504(c)(2)) is amended by aligning the left
margin of subparagraph (K) with the left margin of subparagraph (L).
(e) Oil Pollution Act of 1990.--(1) Section 1004(a)(2) of the Oil
Pollution Act of 1990 (33 U.S.C. 2704(a)(2)) is amended by striking the
first comma following ``$800,000''.
(2) The table of sections in section 2 of such Act is amended by
inserting a period at the end of the item relating to section 7002.
(f) Coast Guard Authorization Act of 1996.--The table of sections in
section 2 of the Coast Guard Authorization Act of 1996 is amended in
the item relating to section 103 by striking ``reports'' and inserting
``report''.
SEC. 407. CONVEYANCE OF DECOMMISSIONED COAST GUARD CUTTER STORIS.
(a) In General.--Upon the scheduled decommissioning of the Coast
Guard Cutter STORIS, the Commandant of the Coast Guard shall convey,
without consideration, all right, title, and interest of the United
States in and to that vessel to the USCG Cutter STORIS Museum and
Maritime Education Center, LLC, located in the State of Alaska if the
recipient--
(1) agrees--
(A) to use the vessel for purposes of a museum and
historical display;
(B) not to use the vessel for commercial
transportation purposes;
(C) to make the vessel available to the United States
Government if needed for use by the Commandant in time
of war or a national emergency; and
(D) to hold the Government harmless for any claims
arising from exposure to hazardous materials, including
asbestos and polychlorinated biphenyls, after
conveyance of the vessel, except for claims arising
from the use by the Government under subparagraph (C);
(2) has funds available that will be committed to operate and
maintain in good working condition the vessel conveyed, in the
form of cash, liquid assets, or a written loan commitment and
in an amount of at least $700,000; and
(3) agrees to any other conditions the Commandant considers
appropriate.
(b) Maintenance and Delivery of Vessel.--
(1) Maintenance.--Before conveyance of the vessel under this
section, the Commandant shall make, to the extent practical and
subject to other Coast Guard mission requirements, every effort
to maintain the integrity of the vessel and its equipment until
the time of delivery.
(2) Delivery.--If a conveyance is made under this section,
the Commandant shall deliver the vessel to a suitable mooring
in the local area in its present condition.
(3) Treatment of conveyance.--The conveyance of the vessel
under this section shall not be considered a distribution in
commerce for purposes of section 6(e) of Public Law 94-469 (15
U.S.C. 2605(e)).
(c) Other Excess Equipment.--The Commandant may convey to the
recipient of a conveyance under subsection (a) any excess equipment or
parts from other decommissioned Coast Guard vessels for use to enhance
the operability and function of the vessel conveyed under subsection
(a) for purposes of a museum and historical display.
SEC. 408. REPEAL OF REQUIREMENT OF LICENSE FOR EMPLOYMENT IN THE
BUSINESS OF SALVAGING ON THE COAST OF FLORIDA.
Chapter 801 of title 46, United States Code, is amended--
(1) by striking section 80102; and
(2) in the table of sections at the beginning of the chapter
by striking the item relating to that section.
SEC. 409. RIGHT-OF-FIRST-REFUSAL FOR COAST GUARD PROPERTY ON JUPITER
ISLAND, FLORIDA.
(a) Right-of-First-Refusal.--Notwithstanding any other law (other
than this section), the Town of Jupiter Island, Florida, shall have the
right-of-first-refusal for an exchange of real property within the
jurisdiction of the Town comprising Parcel #35-38-42-004-000-02590-6
(Bon Air Beach lots 259 and 260 located at 83 North Beach Road) and
Parcel #35-38-42-004-000-02610-2 (Bon Air Beach lots 261 to 267),
including any improvements thereon, for other real property of equal or
greater value.
(b) Identification of Property.--The Commandant of the Coast Guard
may identify, describe, and determine the property referred to in
subsection (a) that is subject to the right of the Town under that
subsection.
(c) Limitation.--The property referred to in subsection (a) may not
be conveyed under that subsection until the Commandant of the Coast
Guard determines that the property is not needed to carry out Coast
Guard missions or functions.
(d) Required Use.--Any property conveyed under this section shall be
used by the Town of Jupiter Island, Florida, solely for conservation of
habitat and as protection against damage from wind, tidal, and wave
energy.
(e) Reversion.--Any conveyance of property under this section shall
be subject to the condition that all right, title, and interest in the
property, at the option of the Commandant of the Coast Guard, shall
revert to the United States Government if the property is used for
purposes other than conservation.
(f) Implementation.--The Commandant of the Coast Guard shall upon
request by the Town--
(1) promptly take those actions necessary to make property
identified under subsection (b) and determined by the
Commandant under subsection (c) ready for conveyance to the
Town; and
(2) convey the property to the Town subject to subsections
(d) and (e).
SEC. 410. CONVEYANCE OF COAST GUARD HU-25 FALCON JET AIRCRAFT.
(a) Authority To Convey.--Notwithstanding any other law, the
Commandant of the Coast Guard may convey to the Elizabeth City State
University (in this section referred to as the ``University''), a
public university located in the State of North Carolina, without
consideration all right, title, and interest of the United States in an
HU-25 Falcon Jet aircraft under the administrative jurisdiction of the
Coast Guard that the Commandant determines--
(1) is appropriate for use by the University; and
(2) is excess to the needs of the Coast Guard.
(b) Conditions.--
(1) In general.--As a condition of conveying an aircraft to
the University under subsection (a), the Commandant shall enter
into an agreement with the University under which the
University agrees--
(A) to utilize the aircraft for educational purposes
or other public purposes as jointly agreed upon by the
Commandant and the University before conveyance; and
(B) to hold the United States harmless for any claim
arising with respect to the aircraft after conveyance
of the aircraft.
(2) Reversionary interest.--If the Commandant determines that
the recipient violated subparagraph (A) or (B) of paragraph
(1), then--
(A) all right, title, and interest in the aircraft
shall revert to the United States;
(B) the United States shall have the right to
immediate possession of the aircraft; and
(C) the recipient shall pay the United States for its
costs incurred in recovering the aircraft for such
violation.
(c) Limitation on Future Transfers.--
(1) In general.--The Commandant shall include in the
instruments for the conveyance a requirement that any further
conveyance of an interest in the aircraft may not be made
without the approval in advance of the Commandant.
(2) Reversionary interest.--If the Commandant determines that
an interest in the aircraft was conveyed without such approval,
then--
(A) all right, title, and interest in the aircraft
shall revert to the United States;
(B) the United States shall have the right to
immediate possession of the aircraft; and
(C) the recipient shall pay the United States for its
costs incurred in recovering the aircraft for such a
violation.
(d) Delivery of Aircraft.--The Commandant shall deliver the aircraft
conveyed under subsection (a)--
(1) at the place where the aircraft is located on the date of
the conveyance;
(2) in its condition on the date of conveyance; and
(3) without cost to the United States.
(e) Additional Terms and Conditions.--The Commandant may require such
additional terms and conditions in connection with the conveyance
required by subsection (a) as the Commandant considers appropriate to
protect the interests of the United States.
SEC. 411. CONVEYANCE OF A COAST GUARD VESSEL.
(a) Authority to Convey.--Notwithstanding the Federal Property and
Administrative Services Act of 1949, the Commandant of the Coast Guard
may convey to the Sheriff's Department of Coahoma County, Mississippi
(in this section referred to as the ``Sheriff's Department''), without
consideration all right, title, and interest of the United States in
and to a Coast Guard trailerable boat, ranging from 17 feet to 30 feet
in size, that the Commandant determines--
(1) is appropriate for use by the Sheriff's Department; and
(2) is excess to the needs of the Coast Guard and the
Department of Homeland Security.
(b) Condition.--As a condition of conveying a vessel under the
authority provided in subsection (a), the Commandant shall enter into
an agreement with the Sheriff's Department under which the Sheriff's
Department agrees--
(1) to utilize the vessel for homeland security and other
appropriate purposes as jointly agreed upon by the Commandant
and the Sheriff's Department before conveyance; and
(2) to take the vessel ``as is'' and to hold the United
States harmless for any claim arising with respect to that
vessel after conveyance of the vessel, including any claims
arising from the condition of the vessel and its equipment or
exposure to hazardous materials.
(c) Delivery of Vessel.--The Commandant shall deliver the vessel
conveyed under the authority provided in subsection (a)--
(1) at the place where the vessel is located on the date of
the conveyance;
(2) in its condition on the date of conveyance; and
(3) without cost to the United States.
(d) Other Excess Equipment.--The Commandant may further convey any
excess equipment or parts from other Coast Guard vessels, which are
excess to the needs of the Coast Guard and the Department of Homeland
Security, to the Sheriff's Department for use to enhance the
operability of the vessel conveyed under the authority provided in
subsection (a).
(e) Additional Terms and Conditions.--The Commandant may require such
additional terms and conditions in connection with the conveyance
authorized by subsection (a) as the Commandant considers appropriate to
protect the interests of the United States.
SEC. 412. CONVEYANCE OF A COAST GUARD VESSEL.
(a) Authority to Convey.--Notwithstanding the Federal Property and
Administrative Services Act of 1949, the Commandant of the Coast Guard
may convey to the Sheriff's Office of Warren County, Mississippi (in
this section referred to as the ``Sheriff's Office''), without
consideration all right, title, and interest of the United States in
and to a Coast Guard trailerable boat, ranging from 17 feet to 30 feet
in size, that the Commandant determines--
(1) is appropriate for use by the Sheriff's Office; and
(2) is excess to the needs of the Coast Guard and the
Department of Homeland Security.
(b) Condition.--As a condition of conveying a vessel under the
authority provided in subsection (a), the Commandant shall enter into
an agreement with the Sheriff's Office under which the Sheriff's Office
agrees--
(1) to utilize the vessel for homeland security and other
appropriate purposes as jointly agreed upon by the Commandant
and the Sheriff's Office before conveyance; and
(2) to take the vessel ``as is'' and to hold the United
States harmless for any claim arising with respect to that
vessel after conveyance of the vessel, including any claims
arising from the condition of the vessel and its equipment or
exposure to hazardous materials.
(c) Delivery of Vessel.--The Commandant shall deliver the vessel
conveyed under the authority provided in subsection (a)
(1) at the place where the vessel is located on the date of
the conveyance;
(2) in its condition on the date of conveyance; and
(3) without cost to the United States.
(d) Other Excess Equipment.--The Commandant may further convey any
excess equipment or parts from other Coast Guard vessels, which are
excess to the needs of the Coast Guard and the Department of Homeland
Security, to the Sheriff's Office for use to enhance the operability of
the vessel conveyed under the authority provided in subsection (a).
(e) Additional Terms and Conditions.--The Commandant may require such
additional terms and conditions in connection with the conveyance
authorized by subsection (a) as the Commandant considers appropriate to
protect the interests of the United States.
SEC. 413. CONVEYANCE OF A COAST GUARD VESSEL.
(a) Authority to Convey.--Notwithstanding the Federal Property and
Administrative Services Act of 1949, the Commandant of the Coast Guard
may convey to the Sheriff's Office of Washington County, Mississippi
(in this section referred to as the ``Sheriff's Office''), without
consideration all right, title, and interest of the United States in
and to a Coast Guard trailerable boat, ranging from 17 feet to 30 feet
in size, that the Commandant determines--
(1) is appropriate for use by the Sheriff's Office; and
(2) is excess to the needs of the Coast Guard and the
Department of Homeland Security.
(b) Condition.--As a condition of conveying a vessel under the
authority provided in subsection (a), the Commandant shall enter into
an agreement with the Sheriff's Office under which the Sheriff's Office
agrees--
(1) to utilize the vessel for homeland security and other
appropriate purposes as jointly agreed upon by the Commandant
and the Sheriff's Office before conveyance; and
(2) to take the vessel ``as is'' and to hold the United
States harmless for any claim arising with respect to that
vessel after conveyance of the vessel, including any claims
arising from the condition of the vessel and its equipment or
exposure to hazardous materials.
(c) Delivery of Vessel.--The Commandant shall deliver the vessel
conveyed under the authority provided in subsection (a)--
(1) at the place where the vessel is located on the date of
the conveyance;
(2) in its condition on the date of conveyance; and
(3) without cost to the United States.
(d) Other Excess Equipment.--The Commandant may further convey any
excess equipment or parts from other Coast Guard vessels, which are
excess to the needs of the Coast Guard and the Department of Homeland
Security, to the Sheriff's Office for use to enhance the operability of
the vessel conveyed under the authority provided in subsection (a).
(e) Additional Terms and Conditions.--The Commandant may require such
additional terms and conditions in connection with the conveyance
authorized by subsection (a) as the Commandant considers appropriate to
protect the interests of the United States.
SEC. 414. DECOMMISSIONED COAST GUARD VESSELS FOR HAITI.
(a) In General.--Notwithstanding any other law, upon the scheduled
decommissioning of any Coast Guard 41-foot patrol boat, the Commandant
of the Coast Guard shall give the Government of Haiti a right-of-first-
refusal for conveyance of that vessel to the Government of Haiti, if
that Government of Haiti agrees--
(1) to use the vessel for the Coast Guard of Haiti;
(2) to make the vessel available to the United States
Government if needed for use by the Commandant in time of war
or national emergency;
(3) to hold the United States Government harmless for any
claims arising from exposure to hazardous materials, including
asbestos and polychlorinated biphenyls, after conveyance of the
vessel, except for claims arising from the use by the United
States Government under paragraph (2); and
(4) to any other conditions the Commandant considers
appropriate.
(b) Limitation.--The Commandant may not convey more than 10 vessels
to the Government of Haiti pursuant to this section.
(c) Maintenance and Delivery of Vessel.--
(1) Maintenance.--Before conveyance of a vessel under this
section, the Commandant shall make, to the extent practical and
subject to other Coast Guard mission requirements, every effort
to maintain the integrity of the vessel and its equipment until
the time of delivery.
(2) Delivery.--If a conveyance is made under this section,
the Commandant shall deliver a vessel to a suitable mooring in
the local area in its present condition.
(3) Treatment of conveyance.--The conveyance of a vessel
under this section shall not be considered a distribution in
commerce for purposes of section 6(e) of Public Law 94-469 (15
U.S.C. 2605(e)).
SEC. 415. EXTENSION OF PERIOD OF OPERATION OF VESSEL FOR SETTING,
RELOCATION, OR RECOVERY OF ANCHORS OR OTHER MOORING
EQUIPMENT.
Section 705(a)(2) of Public Law 109-347 (120 Stat. 1945) is amended
by striking ``2'' and inserting ``3''.
SEC. 416. VESSEL TRAFFIC RISK ASSESSMENTS.
(a) Requirement.--The Commandant of the Coast Guard, acting through
the appropriate Area Committee established under section 311(j)(4) of
the Federal Water Pollution Control Act, shall prepare a vessel traffic
risk assessment--
(1) for Cook Inlet, Alaska, within one year after the date of
enactment of this Act; and
(2) for the Aleutian Islands, Alaska, within two years after
the date of enactment of this Act.
(b) Contents.--Each of the assessments shall describe, for the region
covered by the assessment--
(1) the amount and character of present and estimated future
shipping traffic in the region; and
(2) the current and projected use and effectiveness in
reducing risk, of--
(A) traffic separation schemes and routing measures;
(B) long-range vessel tracking systems developed
under section 70115 of title 46, United States Code;
(C) towing, response, or escort tugs;
(D) vessel traffic services;
(E) emergency towing packages on vessels;
(F) increased spill response equipment including
equipment appropriate for severe weather and sea
conditions;
(G) the Automatic Identification System developed
under section 70114 of title 46, United States Code;
(H) particularly sensitive sea areas, areas to be
avoided, and other traffic exclusion zones;
(I) aids to navigation; and
(J) vessel response plans.
(c) Recommendations.--
(1) In general.--Each of the assessments shall include any
appropriate recommendations to enhance the safety and security,
or lessen potential adverse environmental impacts, of marine
shipping.
(2) Consultation.--Before making any recommendations under
paragraph (1) for a region, the Area Committee shall consult
with affected local, State, and Federal government agencies,
representatives of the fishing industry, Alaska Natives from
the region, the conservation community, and the merchant
shipping and oil transportation industries.
(d) Provision to Congress.--The Commandant shall provide a copy of
each assessment to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Commandant $1,800,000 for each of fiscal years 2008
and 2009 to the conduct the assessments.
SEC. 417. VESSEL MARYLAND INDEPENDENCE.
Notwithstanding sections 55101, 55103, and 12112 of title 46, United
States Code, the Secretary of the department in which the Coast Guard
is operating may issue a certificate of documentation with a coastwise
endorsement for the vessel MARYLAND INDEPENDENCE (official number
662573). The coastwise endorsement issued under authority of this
section is terminated if--
(1) the vessel, or controlling interest in the person that
owns the vessel, is conveyed after the date of enactment of
this Act; or
(2) any repairs or alterations are made to the vessel outside
of the United States.
SEC. 418. STUDY OF RELOCATION OF COAST GUARD SECTOR BUFFALO FACILITIES.
(a) Purposes.--The purposes of this section are--
(1) to authorize a project study to evaluate the feasibility
of consolidating and relocating Coast Guard facilities at Coast
Guard Sector Buffalo within the study area;
(2) to obtain a preliminary plan for the design, engineering,
and construction for the consolidation of Coast Guard
facilities at Sector Buffalo; and
(3) to distinguish what Federal lands, if any, shall be
identified as excess after the consolidation.
(b) Definitions.--In this section:
(1) Commandant.--The term ``Commandant'' means the Commandant
of the Coast Guard.
(2) Sector buffalo.--The term ``Sector Buffalo'' means Coast
Guard Sector Buffalo of the Ninth Coast Guard District.
(3) Study area.--The term ``study area'' means the area
consisting of approximately 31 acres of real property and any
improvements thereon that are commonly identified as Coast
Guard Sector Buffalo, located at 1 Fuhrmann Boulevard, Buffalo,
New York, and under the administrative control of the Coast
Guard.
(c) Study.--
(1) In general.--Within 12 months after the date on which
funds are first made available to carry out this section, the
Commandant shall conduct a project proposal report of the study
area and shall submit such report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(2) Requirements.--The project proposal report shall--
(A) evaluate the most cost-effective method for
providing shore facilities to meet the operational
requirements of Sector Buffalo;
(B) determine the feasibility of consolidating and
relocating shore facilities on a portion of the
existing site, while--
(i) meeting the operational requirements of
Sector Buffalo; and
(ii) allowing the expansion of operational
requirements of Sector Buffalo; and
(C) contain a preliminary plan for the design,
engineering, and construction of the proposed project,
including--
(i) the estimated cost of the design,
engineering, and construction of the proposed
project;
(ii) an anticipated timeline of the proposed
project; and
(iii) a description of what Federal lands, if
any, shall be considered excess to Coast Guard
needs.
(d) Limitation.--Nothing in this section shall affect the current
administration and management of the study area.
SEC. 419. COAST GUARD ASSETS FOR UNITED STATES VIRGIN ISLANDS.
(a) In General.--The Secretary of Homeland Security may station
additional Coast Guard assets in the United States Virgin Islands for
port security and other associated purposes.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for fiscal year 2008 such sums as are
necessary to carry out this section.
TITLE V--BALLAST WATER TREATMENT
SEC. 501. SHORT TITLE.
This title may be cited as the ``Ballast Water Treatment Act of
2007''.
SEC. 502. DECLARATION OF GOALS AND PURPOSES.
Section 1002 of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4701) is amended--
(1) by redesignating subsection (b) as subsection (c);
(2) by inserting after subsection (a) the following:
``(b) Declaration of Goals and Purposes.--The objective of this Act
is to eliminate the threat and impacts of nonindigenous aquatic
nuisance species in the waters of the United States. In order to
achieve this objective, it is declared that, consistent with the
provisions of this Act--
``(1) it is the national goal that ballast water discharged
into the waters of the United States will contain no living
(viable) organisms by the year 2015;
``(2) it is the national policy that the introduction of
nonindigenous aquatic nuisance species in the waters of the
United States be prohibited; and
``(3) it is the national policy that Federal, State, and
local governments and the private sector identify the most
effective ways to coordinate prevention efforts, and harmonize
environmentally sound methods to prevent, detect, monitor, and
control nonindigenous aquatic nuisance species, in an
expeditious manner.''.
(3) in subsection (c)(1) (as redesignated by paragraph (1) of
this section)--
(A) by striking ``prevent'' and inserting
``eliminate''; and
(B) by inserting ``treatment'' after ``ballast
water'';
(4) in subsection (c)(2) (as so redesignated)--
(A) by inserting ``, detection, monitoring,'' after
``prevention''; and
(B) by striking ``the zebra mussel and other'';
(5) in subsection (c)(3) (as so redesignated)--
(A) by inserting ``detect,'' after ``prevent,''; and
(B) by striking ``from pathways other than ballast
water exchange'';
(6) in subsection (c)(4) (as so redesignated) by striking ``,
including the zebra mussel''; and
(7) in subsection (c)(5) (as so redesignated)--
(A) by inserting ``prevention,'' after ``in the'';
(B) by inserting a comma after ``management''; and
(C) by striking ``zebra mussels'' and inserting
``aquatic nuisance species''.
SEC. 503. BALLAST WATER MANAGEMENT.
(a) In General.--Section 1101 of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4711) is amended to read
as follows:
``SEC. 1101. BALLAST WATER MANAGEMENT.
``(a) Vessels to Which This Section Applies.--
``(1) In general.--Except as provided in paragraphs (2), (3),
(4), and (5), this section applies to a vessel that--
``(A) is designed, constructed, or adapted to carry
ballast water; and
``(B)(i) is a vessel of the United States; or
``(ii) is a foreign vessel that--
``(I) is en route to a United States port or
place; or
``(II) has departed from a United States port
or place and is within waters subject to the
jurisdiction of the United States.
``(2) Permanent ballast water vessels.--This section does not
apply to a vessel that carries all of its permanent ballast
water in sealed tanks that are not subject to discharge.
``(3) Armed forces vessels.--
``(A) Exemption.--Except as provided in subparagraph
(B), this section does not apply to a vessel of the
Armed Forces.
``(B) Ballast water management program.--The
Secretary and the Secretary of Defense, after
consultation with each other and with the Under
Secretary and the heads of other appropriate Federal
agencies as determined by the Secretary, shall
implement a ballast water management program, including
the issuance of standards for ballast water exchange
and treatment and for sediment management, for vessels
of the Armed Forces under their respective
jurisdictions designed, constructed, or adapted to
carry ballast water that are--
``(i) consistent with the requirements of
this section, including the deadlines
established by this section; and
``(ii) at least as stringent as the
requirements issued for such vessels under
section 312 of the Federal Water Pollution
Control Act (33 U.S.C. 1322).
``(4) Special rule for small recreational vessels.--In
applying this section to recreational vessels less than 50
meters in length that have a maximum ballast water capacity of
8 cubic meters, the Secretary may issue alternative measures
for managing ballast water in a manner that is consistent with
the requirements of this section.
``(5) Marad vessels.--Subsection (f) does not apply to any
vessel in the National Defense Reserve Fleet that is scheduled
to be disposed of through scrapping or sinking.
``(b) Uptake and Discharge of Ballast Water or Sediment.--
``(1) Prohibition.--The operator of a vessel to which this
section applies may not conduct the uptake or discharge of
ballast water or sediment in waters subject to the jurisdiction
of the United States except as provided in this section.
``(2) Exceptions.--Paragraph (1) does not apply to the uptake
or discharge of ballast water or sediment in the following
circumstances:
``(A) The uptake or discharge is solely for the
purpose of--
``(i) ensuring the safety of the vessel in an
emergency situation; or
``(ii) saving a life at sea.
``(B) The uptake or discharge is accidental and the
result of damage to the vessel or its equipment and--
``(i) all reasonable precautions to prevent
or minimize ballast water and sediment
discharge have been taken before and after the
damage occurs, the discovery of the damage, and
the discharge; and
``(ii) the owner or officer in charge of the
vessel did not willfully or recklessly cause
the damage.
``(C) The uptake or discharge is solely for the
purpose of avoiding or minimizing the discharge from
the vessel of pollution that would otherwise violate
applicable Federal or State law.
``(D) The uptake or discharge of ballast water and
sediment occurs at the same location where the whole of
that ballast water and that sediment originated and
there is no mixing with ballast water and sediment from
another area that has not been managed in accordance
with the requirements of this section.
``(c) Vessel Ballast Water Management Plan.--
``(1) In general.--The operator of a vessel to which this
section applies shall conduct all ballast water management
operations of that vessel in accordance with a ballast water
management plan designed to minimize the discharge of aquatic
nuisance species that--
``(A) meets the requirements prescribed by the
Secretary by regulation; and
``(B) is approved by the Secretary.
``(2) Approval criteria.--
``(A) In general.--The Secretary may not approve a
ballast water management plan unless the Secretary
determines that the plan--
``(i) describes in detail the actions to be
taken to implement the ballast water management
requirements established under this section;
``(ii) describes in detail the procedures to
be used for disposal of sediment at sea and on
shore in accordance with the requirements of
this section;
``(iii) describes in detail safety procedures
for the vessel and crew associated with ballast
water management;
``(iv) designates the officer on board the
vessel in charge of ensuring that the plan is
properly implemented;
``(v) contains the reporting requirements for
vessels established under this section and a
copy of each form necessary to meet those
requirements; and
``(vi) meets all other requirements
prescribed by the Secretary.
``(B) Foreign vessels.--The Secretary may approve a
ballast water management plan for a foreign vessel on
the basis of a certificate of compliance with the
criteria described in subparagraph (A) issued by the
vessel's country of registration in accordance with
regulations issued by the Secretary.
``(3) Copy of plan on board vessel.--The owner or operator of
a vessel to which this section applies shall--
``(A) maintain a copy of the vessel's ballast water
management plan on board at all times; and
``(B) keep the plan readily available for examination
by the Secretary and the head of the appropriate agency
of the State in which the vessel is located at all
reasonable times.
``(d) Vessel Ballast Water Record Book.--
``(1) In general.--The owner or operator of a vessel to which
this section applies shall maintain, in English on board the
vessel, a ballast water record book in which each operation of
the vessel involving ballast water or sediment discharge is
recorded in accordance with regulations issued by the
Secretary.
``(2) Availability.--The ballast water record book--
``(A) shall be kept readily available for examination
by the Secretary and the head of the appropriate agency
of the State in which the vessel is located at all
reasonable times; and
``(B) notwithstanding paragraph (1), may be kept on
the towing vessel in the case of an unmanned vessel
under tow.
``(3) Retention period.--The ballast water record book shall
be retained--
``(A) on board the vessel for a period of 3 years
after the date on which the last entry in the book is
made; and
``(B) under the control of the vessel's owner for an
additional period of 3 years.
``(4) Regulations.--In the regulations issued under this
section, the Secretary shall require, at a minimum, that--
``(A) each entry in the ballast water record book be
signed and dated by the officer in charge of the
ballast water operation recorded;
``(B) each completed page in the ballast water record
book be signed and dated by the master of the vessel;
and
``(C) the owner or operator of the vessel transmit
such information to the Secretary regarding the ballast
operations of the vessel as the Secretary may require.
``(5) Alternative means of recordkeeping.--The Secretary may
provide, by regulation, for alternative methods of
recordkeeping, including electronic recordkeeping, to comply
with the requirements of this subsection. Any electronic
recordkeeping method authorized by the Secretary shall support
the inspection and enforcement provisions of this Act and shall
comply with applicable standards of the National Institute of
Standards and Technology and the Office of Management and
Budget governing reliability, integrity, identity
authentication, and nonrepudiation of stored electronic data.
``(e) Ballast Water Exchange Requirements.--
``(1) In general.--
``(A) Requirement.--Until a vessel is required to
conduct ballast water treatment in accordance with
subsection (f), the operator of a vessel to which this
section applies may not discharge ballast water in
waters subject to the jurisdiction of the United
States, except after--
``(i) conducting ballast water exchange as
required by this subsection, in accordance with
regulations issued by the Secretary;
``(ii) using ballast water treatment
technology that meets the performance standards
of subsection (f); or
``(iii) using environmentally sound
alternative ballast water treatment technology
if the Secretary determines that such treatment
technology is at least as effective as the
ballast water exchange required by clause (i)
in preventing and controlling the introduction
of aquatic nuisance species.
``(B) Technology efficacy.--For purposes of this
paragraph, a ballast water treatment technology shall
be considered to be at least as effective as the
ballast water exchange required by clause (i) in
preventing and controlling the introduction of aquatice
nuisance species if preliminary experiments prior to
installation of the technology aboard the vessel
demonstrate that the technology removed or killed at
least 98 percent of organisms larger than 50 microns.
``(2) Guidance; 5-year usage.--
``(A) Guidance.--Not later than one year after the
date of enactment of the Ballast Water Treatment Act of
2007, the Secretary shall develop and issue guidance on
technology that may be used under paragraph
(1)(A)(iii).
``(B) 5-year usage.--The Secretary shall allow a
vessel using environmentally-sound alternative ballast
treatment technology under paragraph (1)(A)(iii) to
continue to use that technology for 5 years after the
date on which the environmentally-sound alternative
ballast water treatment technology was first placed in
service on the vessel or the date on which treatment
requirements under subsection (f) become applicable,
whichever is later.
``(3) Exchange areas.--
``(A) Vessels outside the united states eez.--The
operator of a vessel en route to a United States port
or place from a port or place outside the waters
subject to the jurisdiction of the United States shall
conduct ballast water exchange--
``(i) before arriving at a United States port
or place;
``(ii) at least 200 nautical miles from the
nearest point of land; and
``(iii) in water at least 200 meters in
depth.
``(B) Coastal voyages.--The operator of a vessel
originating from a port or place within the United
States exclusive economic zone, or from a port within
200 nautical miles of the United States in Canada,
Mexico, or other ports designated by the Secretary for
purposes of this section, shall conduct ballast water
exchange--
``(i) at least 50 nautical miles from the
nearest point of land; and
``(ii) in water at least 200 meters in depth.
``(4) Safety or stability exception.--
``(A) Secretarial determination.--Paragraph (3) does
not apply to the discharge of ballast water if the
Secretary determines that compliance with that
paragraph would threaten the safety or stability of the
vessel, its crew, or is passengers.
``(B) Master of the vessel determination.--Paragraph
(3) does not apply to the discharge of ballast water if
the master of a vessel determines that compliance with
that paragraph would threaten the safety or stability
of the vessel, its crew, or its passengers because of
adverse weather, equipment failure, or any other
relevant condition.
``(C) Notification required.--Whenever the master of
a vessel is unable to comply with the requirements of
paragraph (3) because of a determination made under
subparagraph (B), the master of the vessel shall--
``(i) notify the Secretary as soon as
practicable thereafter but no later than 24
hours after making that determination and shall
ensure that the determination, the reasons for
the determination, and the notice are recorded
in the vessel's ballast water record book; and
``(ii) undertake ballast water exchange in
accordance with paragraph (6) if safety or
stability concerns prevent undertaking ballast
water exchange in the alternative area.
``(D) Review of circumstances.--If the master of a
vessel conducts a ballast water discharge under the
provisions of this paragraph, the Secretary shall
review the circumstances to determine whether the
discharge met the requirements of this paragraph. The
review under this clause shall be in addition to any
other enforcement authority of the Secretary.
``(5) Discharge under waiver.--
``(A) Substantial business hardship waiver.--If,
because of the short length of a voyage, the operator
of a vessel is unable to discharge ballast water in
accordance with the requirements of paragraph (3)(B)
without substantial business hardship, as determined
under regulations issued by the Secretary, the operator
may request a waiver from the Secretary and discharge
the ballast water in accordance with paragraph (6). A
request for a waiver under this subparagraph shall be
submitted to the Secretary at such time and in such
form and manner as the Secretary may require.
``(B) Substantial business hardship.--For purposes of
subparagraph (A), the factors taken into account in
determining substantial business hardship shall include
whether--
``(i) compliance with the requirements of
paragraph (3)(B) would require a sufficiently
great change in routing or scheduling of
service as to compromise the economic or
commercial viability of the trade or business
in which the vessel is operated; or
``(ii) it is reasonable to expect that the
trade or business or service provided will be
continued only if a waiver is granted under
subparagraph (A).
``(6) Permissible discharge.--
``(A) In general.--The discharge of ballast water
shall be considered to be carried out in accordance
with this paragraph if it is--
``(i) in an area designated for that purpose
by the Secretary, after consultation with the
Under Secretary, the heads of other appropriate
Federal agencies as determined by the
Secretary, and representatives of any State
that may be affected by discharge of ballast
water in that area; or
``(ii) into a reception facility described in
subsection (f)(2).
``(B) Limitation on volume.--The volume of any
ballast water discharged under this paragraph may not
exceed the volume necessary to ensure the safe
operation of the vessel.
``(7) Certain geographically limited routes.--Notwithstanding
paragraph (1), the operator of a vessel is not required to
comply with the requirements of this subsection--
``(A) if the vessel operates exclusively--
``(i) within the Great Lakes; or
``(ii) between or among the main group of the
Hawaiian Islands; or
``(B) if the vessel operates exclusively within any
area with respect to which the Secretary has
determined, after consultation with the Under
Secretary, the Administrator, and representatives of
States the waters of which would be affected by the
discharge of ballast water from the vessel, that the
risk of introducing aquatic nuisance species through
ballast water discharge in the areas in which the
vessel operates is insignificant.
``(8) Marine sanctuaries and other prohibited areas.--A
vessel may not conduct ballast water exchange or discharge
ballast water under this subsection--
``(A) within a national marine sanctuary designated
under of the National Marine Sanctuaries Act (16 U.S.C.
1431 et seq.);
``(B) in waters that are approved by the
Administrator as a nondischarge zone under section
312(n)(7) of the Federal Water Pollution Control Act
(33 U.S.C. 1322(n)(7)); or
``(C) in any other waters designated by the
Secretary, in consultation with the Under Secretary and
the Administrator.
``(9) Vessels without pumpable ballast water.--
``(A) Applicability of requirements.--Ballast water
exchange requirements under this subsection shall apply
to vessels that are equipped with ballast water tanks
and that enter a port of the United States without
pumpable ballast water.
``(B) Regulations.--The Secretary shall issue
regulations, not later than 180 days after the date of
enactment of the Ballast Water Treatment Act of 2007,
that are intended to minimize the introduction of
nuisance species from vessels that enter the navigable
waters without pumpable ballast water, including the
requirements that apply under subparagraph (A), and
that are at least as stringent as the regulations in
effect on the date of enactment such Act.
``(C) Application of existing regulations.--The
regulations issued by the Secretary under this section,
as such regulations were in effect on the day before
the date of enactment of the Ballast Water Treatment
Act of 2007, shall continue to apply to vessels without
pumpable ballast water entering or operating on the
navigable waters until the earlier of--
``(i) the date on which such vessels are
required to conduct ballast water treatment, in
accordance with the requirements of subsection
(f); or
``(ii) the effective date of final
regulations required under this paragraph.
``(f) Ballast Water Treatment Requirements.--
``(1) Performance standards.--A vessel to which this section
applies shall conduct ballast water treatment in accordance
with the requirements of this subsection before discharging
ballast water in waters subject to the jurisdiction of the
United States so that the ballast water discharged will
contain--
``(A) less than 1 living organism per 10 cubic meters
that is 50 or more micrometers in minimum dimension;
``(B) less than 1 living organism per 10 milliliters
that is less than 50 micrometers in minimum dimension
and more than 10 micrometers in minimum dimension;
``(C) concentrations of indicator microbes that are
less than--
``(i) 1 colony-forming unit of toxicogenic
Vibrio cholera (serotypes O1 and O139) per 100
milliliters or less than 1 colony-forming unit
of that microbe per gram of wet weight of
zoological samples;
``(ii) 126 colony-forming units of
escherichia coli per 100 milliliters; and
``(iii) 33 colony-forming units of intestinal
enterococci per 100 milliliters; and
``(D) concentrations of such additional indicator
microbes as may be specified in regulations issued by
the Secretary, after consultation with other
appropriate Federal agencies as determined by the
Secretary, that are less than the amount specified in
those regulations.
``(2) Reception facility exception.--
``(A) In general.--Paragraph (1) does not apply to a
vessel that discharges ballast water into--
``(i) a land-based facility for the reception
of ballast water that meets standards issued by
the Administrator; or
``(ii) a water-based facility for the
reception of ballast water that meets standards
issued by the Secretary.
``(B) Issuance of standards.--Not later than one year
after the date of enactment of the Ballast Water
Treatment Act of 2007, the Secretary, in consultation
with the heads of other appropriate Federal agencies as
determined by the Secretary, shall issue standards
for--
``(i) the reception of ballast water in land-
based and water-based reception facilities; and
``(ii) the disposal or treatment of such
ballast water in a way that does not impair or
damage the environment, human health, property,
or resources.
``(3) Treatment system implementation.--Paragraph (1) applies
to a vessel to which this section applies beginning on the date
of the first dry-docking of the vessel after December 31, 2008,
but not later than December 31, 2013.
``(4) Treatment system approval required.--The operator of a
vessel to which this section applies may not use a ballast
water treatment system to comply with the requirements of this
subsection unless the system is approved by the Secretary. The
Secretary shall issue regulations establishing a process for
such approval, after consultation with the heads of other
appropriate Federal agencies as determined by the Secretary.
``(5) Reliance on certain reports, documents, and records.--
In approving a ballast water treatment system under this
subsection, the Secretary may rely on reports, documents, and
records of persons that meet such requirements as the Secretary
may prescribe.
``(6) Feasibility review.--
``(A) Requirement to review.--The Secretary shall
periodically conduct a review to determine whether
appropriate technologies are available to achieve the
standards set forth in paragraph (1). In reviewing
technologies under this subparagraph, the Secretary,
after consultation with the heads of other appropriate
Federal agencies as determined by the Secretary, shall
consider--
``(i) the effectiveness of a technology in
achieving the standards;
``(ii) feasibility in terms of compatibility
with ship design and operations;
``(iii) safety considerations;
``(iv) whether a technology has an adverse
impact on the environment; and
``(v) cost effectiveness.
``(B) Deadlines.--The Secretary shall--
``(i) complete an initial review of
technologies under subparagraph (A) within 12
months after the date of the enactment of the
Ballast Water Treatment Act of 2007; and
``(ii) carry out subsequent reviews of
technologies under subparagraph (A) no later
than 24 months after the date that the previous
review was completed.
``(C) Delay in scheduled application.--If the
Secretary determines, on the basis of the initial
review or any subsequent review conducted under this
paragraph, that compliance with the standards set forth
in paragraph (1) is not feasible for any class of
vessels, the Secretary shall--
``(i) delay the date on which such standards
apply to that class of vessels for a period of
not more than 24 months; and
``(ii) recommend action to ensure such
compliance in accordance with the revised
implementation schedule for that class of
vessels by the date established under clause
(i).
``(7) Delay of application for vessel participating in
promising technology evaluations.--
``(A) In general.--If a vessel participates in a
program, including the Shipboard Technology Evaluation
Program established under section 1104, using a
technology approved by the Secretary to test and
evaluate promising ballast water treatment technologies
that are likely to result in treatment technologies
achieving a standard that is the same as or more
stringent than the standard that applies under
paragraph (1) before the first date on which paragraph
(1) applies to that vessel, the Secretary shall allow
the vessel to use that technology for a 10-year period
and such vessel shall be deemed to be in compliance
with the requirements of paragraph (1) during that 10-
year period.
``(B) Vessel diversity.--The Secretary--
``(i) shall seek to ensure that a wide
variety of vessel types and voyages are
included in the program; but
``(ii) may not grant a delay under this
paragraph to more than 5 percent of the vessels
to which this section applies.
``(C) Termination of grace period.--The Secretary may
terminate the 10-year grace period of a vessel under
subparagraph (A) if--
``(i) the participation of the vessel in the
program is terminated without the consent of
the Secretary;
``(ii) the vessel does not comply with
manufacturer's standards for operating the
ballast water treatment technology used on such
vessel; or
``(iii) the Secretary determines that the
approved technology is insufficiently effective
or is causing harm to the environment.
``(8) Review of standards.--
``(A) In general.--In December 2012 and every third
year thereafter, the Secretary shall complete review of
ballast water treatment standards in effect under this
subsection to determine, after consultation with the
Administrator and the heads of other appropriate
Federal agencies determined by the Secretary, if the
standards under this subsection should be revised to
reduce the amount of organisms or microbes allowed to
be discharged, taking into account improvements in the
scientific understanding of biological processes
leading to the spread of aquatic nuisance species and
improvements in ballast water treatment technology. The
Secretary shall revise, by regulation, the requirements
of this subsection as necessary.
``(B) Application of adjusted standards.--In the
regulations, the Secretary shall provide for the
prospective application of the adjusted standards
issued under this paragraph to vessels constructed
after the date on which the adjusted standards apply
and for an orderly phase-in of the adjusted standards
to existing vessels.
``(9) High-risk vessels.--
``(A) Vessel list.--Not later than one year after the
date of enactment of the Ballast Water Treatment Act of
2007, the Secretary shall publish and regularly update
a list of vessels identified by the States that, due to
factors such as the origin of their voyages, the
frequency of their voyages, the volume of ballast water
they carry, the biological makeup of the ballast water,
and the fact that they frequently discharge ballast
water under an exception to subsection (e), pose a high
risk of introducing aquatic nuisance species into the
waters of those States.
``(B) Incentive programs.--The Secretary shall give
priority to vessels on the list for participation in a
program described in paragraph (7). Any Federal agency,
and any State agency with respect to vessels identified
by such State to the Secretary for inclusion on a list
under subparagraph (A), may develop and implement
technology development programs or other incentives
(whether positive or negative) in order to encourage
the adoption of ballast water treatment technology by
those vessels consistent with the requirements of this
section on an expedited basis.
``(10) Nonapplicability of vessels operating exclusively in
determined area.--
``(A) In general.--Except as provided in subparagraph
(D), paragraph (1) does not apply to a vessel that
operates exclusively within an area if the Secretary
has determined through a rulemaking proceeding, after
consultation with the Administrator and the heads of
other appropriate Federal agencies as determined by the
Secretary, and representatives of States the waters of
which could be affected by the discharge of ballast
water from the vessel, that the risk of introducing
aquatic nuisance species through ballast water
discharge from the vessel is insignificant.
``(B) Certain vessels.--A vessel constructed before
January 1, 2001, that operates exclusively within the
Great Lakes shall be presumed not to pose a significant
risk of introducing aquatic nuisance species unless the
Secretary finds otherwise in a rulemaking proceeding
under subparagraph (A).
``(C) Best practices.--The Secretary shall develop,
and require a vessel exempted from complying with the
requirements of paragraph (1) under this paragraph to
follow, best practices to minimize the spreading of
aquatic nuisance species in its operation area. The
best practices shall be developed in consultation with
the Governors of States that may be affected.
``(D) Stopping the spread of infectious disease.--The
Secretary, at the request of the Secretary of
Agriculture, shall require a vessel to which paragraph
(1) does not apply in accordance with subparagraph (A)
to have a ballast water treatment system approved by
the Secretary under this subsection to stop the spread
of infectious diseases to plants and animals as
otherwise authorized by law.
``(11) Laboratories.--The Secretary may use any Federal, non-
Federal, or foreign laboratory that meets standards established
by the Secretary for the purpose of evaluating and certifying
ballast water treatment technologies that meet the requirements
of this subsection.
``(12) Program to support the promulgation and implementation
of standards.--
``(A) In general.--The Secretary, in coordination
with the Under Secretary, the Task Force and other
appropriate Federal agencies, shall carry out a
coordinated program to support the promulgation and
implementation of standards under this subsection to
prevent the introduction and spread of aquatic invasive
species by vessels. The program established under this
section shall, at a minimum--
``(i) characterize physical, chemical, and
biological harbor conditions relevant to
ballast discharge into United States waters to
inform the design and implementation of ship
vector control technologies and practices;
``(ii) develop testing protocols for
determining the effectiveness of vessel vector
monitoring and control technologies and
practices;
``(iii) demonstrate methods for mitigating
the spread of invasive species by coastal
voyages, including exploring the effectiveness
of alternative exchange zones in the near
coastal areas and other methods proposed to
reduce transfers of organisms;
``(iv) verify the practical effectiveness of
any process for approving a type of alternative
ballast water management as meeting standards
established under this subsection, to ensure
that the process produces repeatable and
accurate assessments of treatment
effectiveness; and
``(v) evaluate the effectiveness and residual
risk and environmental impacts associated with
any standard set with respect to the vessel
pathways.
``(B) Authorization of appropriations.--In addition
to other amounts authorized by this title, to carry out
this paragraph there are authorized to be appropriated
$1,500,000 to the Secretary and $1,500,000 to the Under
Secretary for each of fiscal years 2008 through 2012.
``(g) Warnings Concerning Ballast Water Uptake.--
``(1) In general.--The Secretary shall notify vessel owners
and operators of any area in waters subject to the jurisdiction
of the United States in which vessels may not uptake ballast
water due to known conditions.
``(2) Contents.--The notice shall include--
``(A) the coordinates of the area; and
``(B) if possible, the location of alternative areas
for the uptake of ballast water.
``(h) Sediment Management.--
``(1) In general.--The operator of a vessel to which this
section applies may not remove or dispose of sediment from
spaces designed to carry ballast water, except--
``(A) in accordance with this subsection and the
ballast water management plan approved under subsection
(c); and
``(B)(i) more than 200 nautical miles from the
nearest point of land; or
``(ii) into a reception facility that meets the
requirements of paragraph (3).
``(2) Design requirements.--
``(A) New vessels.--After December 31, 2008, a vessel
to which this section applies may not be operated on
waters subject to the jurisdiction of the United
States, unless that vessel is designed and constructed
in accordance with regulations issued under
subparagraph (C) and in a manner that--
``(i) minimizes the uptake and entrapment of
sediment;
``(ii) facilitates removal of sediment; and
``(iii) provides for safe access for sediment
removal and sampling.
``(B) Existing vessels.--A vessel to which this
section applies that was constructed before January 1,
2009, shall be modified, to the extent practicable, at
the first drydocking of the vessel after December 31
2008, but not later than December 31, 2013, to achieve
the objectives described in subparagraph (A).
``(C) Regulations.--The Secretary shall issue
regulations establishing design and construction
standards to achieve the objectives of subparagraph (A)
and providing guidance for modifications and practices
under subparagraph (B). The Secretary shall incorporate
the standards and guidance in the regulations governing
the ballast water management plan approved under
subsection (c).
``(3) Sediment reception facilities.--
``(A) Standards.--The Secretary, in consultation with
the heads of other appropriate Federal agencies as
determined by the Secretary, shall issue regulations
governing facilities for the reception of vessel
sediment from spaces designed to carry ballast water
that provide for the disposal of such sediment in a way
that does not impair or damage the environment, human
health, or property or resources of the disposal area.
``(B) Designation.--The Secretary, in consultation
with the heads of other appropriate Federal agencies as
determined by the Secretary shall designate facilities
for the reception of vessel sediment that meet the
requirements of the regulations issued under
subparagraph (A) at ports and terminals where ballast
tanks are cleaned or repaired.
``(i) Examinations and Certifications.--
``(1) Initial examination.--
``(A) In general.--The Secretary shall examine
vessels to which this section applies to determine
whether--
``(i) there is a ballast water management
plan for the vessel that is approved by the
Secretary and a ballast water record book on
the vessel that meets the requirements of
subsection (d);
``(ii) the equipment used for ballast water
and sediment management in accordance with the
requirements of this section and the
regulations issued under this section is
installed and functioning properly.
``(B) New vessels.--For vessels constructed on or
after January 1, 2009, the Secretary shall conduct the
examination required by subparagraph (A) before the
vessel is placed in service.
``(C) Existing vessels.--For vessels constructed
before January 1, 2009, the Secretary shall--
``(i) conduct the examination required by
subparagraph (A) before the date on which
subsection (f)(1) applies to the vessel
according to the schedule in subsection (f)(3);
and
``(ii) inspect the vessel's ballast water
record book required by subsection (d).
``(D) Foreign vessel.--In the case of a foreign
vessel, the Secretary shall perform the examination
required by this paragraph the first time the vessel
enters a United States port.
``(2) Subsequent examinations.--In addition to the
examination required by paragraph (1), the Secretary shall
annually examine vessels to which this section applies, to
ensure compliance with the requirements of this section and the
regulations issued under this section.
``(3) Inspection authority.--
``(A) In general.--The Secretary may carry out
inspections of any vessel to which this section applies
at any time, including the taking of ballast water
samples, to ensure compliance with this section. The
Secretary shall use all appropriate and practical
measures of detection and environmental monitoring such
vessels and shall establish adequate procedures for
reporting violations of this section and accumulating
evidence regarding such violations.
``(B) Investigations.--
``(i) In general.--Upon receipt of evidence
that a violation of this section or a
regulation issued under this section has
occurred, the Secretary shall cause the matter
to be investigated.
``(ii) Issuance of subpoenas.--In an
investigation under this subparagraph, the
Secretary may issue subpoenas to require the
attendance of any witness and the production of
documents and other evidence.
``(iii) Compelling compliance with
subpoenas.--In case of refusal to obey a
subpoena issued under this subparagraph, the
Secretary may request the Attorney General to
invoke the aid of the appropriate district
court of the United States to compel
compliance.
``(4) State programs.--
``(A) Submission to secretary.--At any time after the
date of issuance of ballast water treatment regulations
issued under this section, the Governor of each State
desiring to administer its own inspection and
enforcement authority for ballast water discharges
within its jurisdiction may submit to the Secretary a
complete description of the program the Governor
proposes to establish and administer under State law.
In addition, the Governor shall submit a statement from
the attorney general that the laws of such State
provide adequate authority to carry out the described
program.
``(B) Approval.--The Secretary shall approve a
program submitted under subparagraph (A), unless the
Secretary determines that adequate resources do not
exist or, in the case of ballast water testing, that
adequate scientific expertise does not exist--
``(i) to inspect, monitor, and board any
vessel to which this section applies at any
time, including the taking and testing of
ballast water samples, to ensure the vessel's
compliance with this section;
``(ii) to ensure that any ballast water
discharged within the waters subject to the
jurisdiction of the State meet the ballast
water requirements of this section and the
regulations issued under this section,
including any revisions to such requirements
and regulations;
``(iii) to establish adequate procedures for
reporting violations of this section;
``(iv) to investigate and abate violations of
this section, including civil and criminal
penalties and other ways and means of
enforcement; and
``(v) to ensure that the Secretary receives
notice of each violation of the ballast water
treatment requirements issued under this
section in an expeditious manner.
``(C) Suspension of federal authorities.--Not later
than 90 days after the date on which a State submits a
program (or revision thereof) under this paragraph, the
Secretary shall suspend its authorities under
subsections (k) and (l) in such State, unless the
Secretary determines that the State program does not
meet the requirements of this paragraph. If the
Secretary so determines, the Secretary shall notify the
State of any revisions or modifications necessary to
conform to such requirements.
``(D) Compliance.--Any State program approved under
this paragraph shall at all times be conducted in
accordance with this section and regulations issued
under this section.
``(E) Withdrawal of approval.--Whenever the Secretary
determines, after public hearing, that a State is not
administering a program approved under this paragraph
in accordance with this section and regulations issued
under this section, the Secretary shall notify the
State and, if appropriate corrective action is not
taken within a reasonable period of time not to exceed
90 days, the Secretary shall withdraw approval of the
program. The Secretary shall not withdraw approval of
any program unless the Secretary shall first have
notified the State, and made public, in writing, the
reasons for such withdrawal.
``(F) Limitation on statutory construction.--Nothing
in this paragraph shall limit the authority of the
Secretary carry out inspections and investigations of
any vessels under paragraph (3).
``(5) Required certificate.--If, on the basis of an initial
examination under paragraph (1), the Secretary finds that a
vessel complies with the requirements of this section and the
regulations issued under this section, the Secretary shall
issue a certificate under this paragraph as evidence of such
compliance. The certificate shall be valid for a period of not
more than 5 years, as specified by the Secretary. The
certificate or a true copy shall be maintained on board the
vessel.
``(6) Notification of violations.--If the Secretary finds, on
the basis of an examination under paragraph (1) or (2),
investigation under paragraph (3), or any other information,
that a vessel is being operated in violation of any requirement
of this section or regulation issued under this section, the
Secretary shall--
``(A) notify, in writing--
``(i) the master of the vessel; and
``(ii) the captain of the port at the
vessel's next port of call;
``(B) remove from the vessel the certificate issued
under paragraph (5);
``(C) take such other action as may be appropriate.
``(7) Compliance monitoring.--
``(A) In general.--The Secretary shall establish, by
regulation, sampling and other procedures to monitor
compliance with the requirements of this section and
the regulations issued under this section.
``(B) Use of markers.--The Secretary may verify
compliance with the discharge requirements of
subsection (f) and the regulations issued under this
section with respect to such requirements through
identification of markers associated with a treatment
technology's effectiveness, such as the presence of
indicators associated with a certified treatment
technology.
``(8) Education and technical assistance programs.--The
Secretary may carry out education and technical assistance
programs and other measures to promote compliance with the
requirements of this section and the regulations issued under
this section.
``(j) Detention of Vessels.--The Secretary, by notice to the owner,
charterer, managing operator, agent, master, or other individual in
charge of a vessel, may detain that vessel if the Secretary has
reasonable cause to believe that--
``(1) the vessel is a vessel to which this section applies;
and
``(2) the vessel does not comply with any requirement of this
section or regulation issued under this section or is being
operated in violation of such a requirement or regulation.
``(k) Sanctions.--
``(1) Civil penalties.--Any person who violates this section
(including a regulation issued under this section) shall be
liable for a civil penalty in an amount not to exceed $32,500.
Each day of a continuing violation constitutes a separate
violation. A vessel operated in violation of this section
(including a regulation issued under this section) is liable in
rem for any civil penalty assessed under this subsection for
that violation.
``(2) Criminal penalties.--Whoever knowingly violates this
section (including a regulation issued under this section)
shall be fined under title 18, United States, or imprisoned not
more than 12 years, or both.
``(3) Revocation of clearance.--Except as provided in
subsection (j)(2), upon request of the Secretary, the Secretary
of the Treasury shall withhold or revoke the clearance of a
vessel required by section 60105 of title 46, United States
Code, if the owner or operator of that vessel is in violation
of this section or a regulation issued under this section.
``(l) Enforcement.--
``(1) Administrative actions.--If the Secretary finds, after
notice and an opportunity for a hearing, that a person has
violated this section or a regulation issued under this
section, the Secretary may assess a civil penalty for that
violation. In determining the amount of the civil penalty, the
Secretary shall take into account the nature, circumstances,
extent, and gravity of the prohibited acts committed and, with
respect to the violator, the degree of culpability, any history
of prior violations, and such other matters as justice may
require.
``(2) Civil actions.--At the request of the Secretary, the
Attorney General may bring a civil action in an appropriate
district court of the United States to enforce this section or
any regulation issued under this section. Any court before
which such an action is brought may award appropriate relief,
including temporary or permanent injunctions and civil
penalties.
``(m) Consultation With Canada, Mexico, and Other Foreign
Governments.--In developing the guidelines and regulations to be issued
under this section, the Secretary is encouraged to consult with the
Government of Canada, the Government of Mexico and any other government
of a foreign country that the Secretary, after consultation with the
Task Force, determines to be necessary to develop and implement an
effective international program for preventing the unintentional
introduction and spread of aquatic nuisance species through ballast
water.
``(n) International Cooperation.--The Secretary, in cooperation with
the Under Secretary, the Secretary of State, the Administrator, the
heads of other relevant Federal agencies, the International Maritime
Organization of the United Nations, and the Commission on Environmental
Cooperation established pursuant to the North American Free Trade
Agreement, is encouraged to enter into negotiations with the
governments of foreign countries to develop and implement an effective
international program for preventing the unintentional introduction and
spread of aquatic invasive species. The Secretary is particularly
encouraged to seek bilateral or multilateral agreements with Canada,
Mexico, and other nations in the Wider Caribbean Region (as defined in
the Convention for the Protection and Development of the Marine
Environment of the Wider Caribbean, signed at Cartagena on March 24,
1983 (TIAF 11085)), to carry out the objectives of this section.
``(o) Nondiscrimination.--The Secretary shall ensure that foreign
vessels do not receive more favorable treatment than vessels of the
United States when the Secretary performs studies, reviews compliance,
determines effectiveness, establishes requirements, or performs any
other responsibilities under this Act.
``(p) Consultation With Task Force.--The Secretary shall consult with
the Task Force in carrying out this section.
``(q) Preemption.--
``(1) In general.--Except as provided in subsection (i)(4)
but notwithstanding any other provision of law, the provisions
of subsections (e) and (f) supersede any provision of State or
local law that is inconsistent with the requirements of those
subsections or that conflicts with the requirements of those
subsections.
``(2) Greater penalties or fees.--For purpose of paragraph
(1), the imposition by State or local law of greater penalties
or fees for acts or omissions that are violations of such law
and also violations of this Act or the imposition by a State of
incentives under subsection (f)(9)(B) shall not be considered
to be inconsistent, or to conflict, with the requirements of
subsections (e) and (f).
``(3) Reception facilities.--The standards issued by the
Secretary or the heads of other appropriate Federal agencies
under subsection (f)(2) do not supersede any more stringent
standard under any otherwise applicable Federal, State, or
local law.
``(r) Coast Guard Report on Other Sources of Vessel-Bourne Nuisance
Species.--
``(1) In general.--
``(A) Hull-fouling and other vessel sources.--Not
later than 180 days after the date of enactment of the
Ballast Water Treatment Act of 2007, the Secretary
shall transmit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives on vessel-related pathways of
harmful aquatic organisms and pathogens other than
ballast water and sediment, including vessel hulls and
equipment, and from vessels equipped with ballast tanks
that carry no ballast water on board.
``(B) Best practices.--
``(i) In general.--As soon as practicable,
the Secretary shall develop best practices
standards and procedures designed to reduce the
introduction and spread of invasive species
into and within the United States from vessels
and establish a timeframe for implementation of
those standards and procedures by vessels. Such
standards and procedures shall include
designation of geographical locations for
uptake and discharge of untreated ballast
water, as well as standards and procedure for
other vessel pathways of aquatic invasive
species.
``(ii) Report.--The Secretary shall transmit
a report to the committees referred to in
subparagraph (A) describing the standards and
procedures developed under this subparagraph
and the implementation timeframe, together with
such recommendations as the Secretary
determines appropriate.
``(iii) Regulations.--The Secretary may issue
regulations to incorporate and enforce
standards and procedures developed under this
paragraph.
``(2) Transiting vessels.--Not later than 180 days after the
date of enactment of the Ballast Water Treatment Act of 2007,
the Secretary shall transmit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives containing--
``(A) an assessment of the magnitude and potential
adverse impacts of ballast water operations from
foreign vessels designed, adapted, or constructed to
carry ballast water that are transiting waters subject
to the jurisdiction of the United States; and
``(B) recommendations, including legislative
recommendations if appropriate, of options for
addressing ballast water operations of those
vessels.''.
(b) Definitions.--Section 1003 of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4702) is amended--
(1) by redesignating--
(A) paragraphs (1), (2), and (3) as paragraphs (2),
(3), and (4), respectively;
(B) paragraphs (4), (5), and (6) as paragraphs (8),
(9), and (10), respectively;
(C) paragraphs (7), (8), (9), and (10) as paragraphs
(12), (13), (14), and (15), respectively;
(D) paragraphs (11) and (12) as paragraphs (17) and
(18), respectively;
(E) paragraphs (13), (14), and (15) as paragraphs
(20), (21), and (22), respectively;
(F) paragraph (16) as paragraph (27); and
(G) paragraph (17) as paragraph (23);
(2) by moving paragraph (23), as so redesignated, after
paragraph (22), as so redesignated;
(3) by inserting before paragraph (2), as so redesignated,
the following:
``(1) `Administrator' means the Administrator of the
Environmental Protection Agency;'';
(4) by striking paragraph (4), as so redesignated, and
inserting the following:
``(4) `ballast water' means--
``(A) water taken on board a vessel to control trim,
list, draught, stability, or stresses of the vessel,
including matter suspended in such water; or
``(B) any water placed into a ballast tank during
cleaning, maintenance, or other operations;'';
(5) by inserting after paragraph (4), as so redesignated and
amended, the following:
``(5) `ballast water capacity' means the total volumetric
capacity of any tanks, spaces, or compartments on a vessel that
is used for carrying, loading, or discharging ballast water,
including any multi-use tank, space, or compartment designed to
allow carriage of ballast water;
``(6) `ballast water management' means mechanical, physical,
chemical, and biological processes used, either singularly or
in combination, to remove, render harmless, or avoid the uptake
or discharge of harmful aquatic organisms and pathogens within
ballast water and sediment;
``(7) `constructed' means a state of construction of a vessel
at which--
``(A) the keel is laid;
``(B) construction identifiable with the specific
vessel begins;
``(C) assembly of the vessel has begun comprising at
least 50 tons or 1 percent of the estimated mass of all
structural material of the vessel, whichever is less;
or
``(D) the vessel undergoes a major conversion;'';
(6) by inserting after paragraph (10), as so redesignated,
the following:
``(11) `foreign vessel' has the meaning such term has under
section 110 of title 46, United States Code;'';
(7) by inserting after paragraph (15), as so redesignated,
the following:
``(16) `major conversion' means a conversion of a vessel,
that--
``(A) changes its ballast water carrying capacity by
at least 15 percent;
``(B) changes the vessel class;
``(C) is projected to prolong the vessel's life by at
least 10 years (as determined by the Secretary); or
``(D) results in modifications to the vessel's
ballast water system, except--
``(i) component replacement-in-kind; or
``(ii) conversion of a vessel to meet the
requirements of section 1101(e);'';
(8) by inserting after paragraph (18), as so redesignated,
the following:
``(19) `sediment' means matter that has settled out of
ballast water within a vessel;'';
(9) in paragraph (12), as so redesignated, by striking the
period at the end and inserting a semicolon;
(10) by inserting after paragraph (23), as so redesignated
and moved, the following:
``(24) `United States port' means a port, river, harbor, or
offshore terminal under the jurisdiction of the United States,
including ports located in Puerto Rico, Guam, and the United
States Virgin Islands;
``(25) `vessel of the Armed Forces' means--
``(A) any vessel owned or operated by the Department
of Defense, other than a time or voyage chartered
vessel; and
``(B) any vessel owned or operated by the Department
of Homeland Security that is designated by the
Secretary as a vessel equivalent to a vessel described
in subparagraph (A);
``(26) `vessel of the United States' has the meaning such
term has under section 116 of title 46, United States Code;'';
(11) in paragraph (23), as so redesignated, by striking the
period at the end and inserting ``;''; and
(12) by inserting after paragraph (27), as so redesignated
and amended, the following:
``(28) `waters subject to the jurisdiction of the United
States' means navigable waters and the territorial sea of the
United States, the exclusive economic zone, and the Great
Lakes.''.
(c) Repeal of Section 1103.--Section 1103 of the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4713) is
repealed.
(d) Interim Final Rule.--The Secretary shall issue an interim final
rule as a temporary regulation implementing 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 issued under the authority of this
subsection that are not earlier superseded by final regulations shall
expire not later than one year after the date of enactment of this Act.
SEC. 504. NATIONAL BALLAST WATER MANAGEMENT INFORMATION.
Section 1102 (16 U.S.C. 4712) is amended--
(1) by adding at the end the following:
``(g) Ballast Water Surveys.--
``(1) In general.--The Secretary shall conduct the following
ballast water surveys:
``(A) A survey of the number of living organisms in
untreated ballast water of a representative number of
vessels, as determined by the Secretary.
``(B) A survey of the number of living organisms in
the ballast water of a representative number of
vessels, as determined by the Secretary, that has been
exchanged on the high seas.
``(C) Surveys of the number of living organisms in
the ballast water of vessels that are participating in
a program to test and evaluate promising ballast water
treatment, as approved by the Secretary.
``(2) Reports.--The Secretary 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) a report on the results of the surveys under
subparagraphs (A) and (B) of paragraph (1) by not later
than 18 months after the date of the enactment of the
Ballast Water Treatment Act of 2007; and
``(B) a report on the results of the surveys required
under subparagraph (C) of paragraph (1) upon completion
of each demonstration concerned.'';
(2) in subsection (b)(1)(B)(ii), by striking ``guidelines
issued and'';
(3) in subsection (b)(2)(B)(ii), by striking ``voluntary
guidelines issued, and regulations promulgated,'' and inserting
``regulations promulgated'';
(4) in subsection (c)(1), by striking ``section 1101(b)'' and
inserting ``section 1101(a)''; and
(5) in subsection (f)(1)(B), by striking ``guidelines issued
pursuant to section 1101(c)'' and inserting ``regulations
issued pursuant to section 1101''.
SEC. 505. BALLAST WATER MANAGEMENT EVALUATION AND DEMONSTRATION
PROGRAM.
Section 1104 (16 U.S.C. 4714) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 1104. BALLAST WATER TREATMENT TECHNOLOGY EVALUATION AND
DEMONSTRATION PROGRAMS.'';
(2) by striking subsection (a);
(3) by redesignating subsection (b) as subsection (a);
(4) by redesignating subsection (c) as subsection (d);
(5) in subsection (a), as so redesignated--
(A) by striking so much as precedes paragraph (2) and
inserting the following:
``(a) Shipboard Technology Evaluation Program.--
``(1) In general.--The Secretary shall establish a Shipboard
Technology Evaluation Program to evaluate alternative ballast
water management methods aboard vessels to prevent aquatic
nuisance species from being introduced into and spread through
discharges of ballast water in waters of the United States.'';
and
(B) in paragraph (2) by striking ``of the
technologies and practices used in the demonstration
program'' and inserting ``of alternative ballast water
management methods used in the program'';
(6) in subsection (a)(3), as so redesignated, by striking
``technologies and practices'' and all that follows through
``shall--'' and inserting ``ballast water treatment
technologies on vessels under this subsection, the Secretary
shall--'';
(7) in subsection (a)(3)(A), as so redesignated, by striking
clause (i) and by redesignating clauses (ii) and (iii) in order
as clauses (i) and (ii);
(8) by amending subsection (a)(3)(A)(i), as so redesignated,
to read as follows:
``(i) have ballast water systems conducive to
testing aboard the vessel; and'';
(9) by amending subsection (a)(3)(C), as so redesignated, to
read as follows:
``(C) seek to use a variety of vessel types.'';
(10) by amending subsection (a)(4), as so redesignated, to
read as follows:
``(4) Selection of alternative ballast water management
methods.--In order for a ballast water treatment technology to
be eligible to be installed on vessels for evaluation under
this section, such technology must be, at a minimum--
``(A) determined by the Secretary to have the
demonstrated potential to reduce the number of
organisms greater than or equal to 50 microns in
minimum dimension in discharged ballast water to fewer
than 10 living organisms per cubic meter of water;
``(B) cost-effective;
``(C) environmentally sound;
``(D) operationally practical;
``(E) able to be retrofitted on existing vessels or
incorporated in new vessel design (or both);
``(F) safe for a vessel and crew; and
``(G) accessible to monitoring.'';
(11) in subsection (a), as so redesignated, by adding at the
end the following:
``(6) Authority of secretary to review and revise criteria.--
The Secretary may review and revise the criteria described in
paragraph (4)(A) to require ballast water treatment
technologies to meet a more stringent ballast water discharge
standard, including standards promulgated under section
1101(f), before being eligible for installation aboard vessels
under the program.'';
(12) by inserting after subsection (a), as so redesignated,
the following:
``(b) Shipboard Technology Demonstration Program.--
``(1) In general.--The Under Secretary, with the concurrence
of and in cooperation with the Secretary, shall conduct a
program to demonstrate ballast water treatment technologies
evaluated aboard vessels under subsection (a) to prevent
aquatic nuisance species from being introduced into and spread
through ballast water in waters of the United States.
``(2) Location.--The installation and construction of ballast
water treatment technologies used in the demonstration program
under this subsection shall be performed in the United States.
``(3) Vessel eligibility.--Vessels eligible to participate in
the demonstration program under this subsection shall consist
only of vessels that have been accepted into and are actively
participating in the Shipboard Technology Evaluation Program
under subsection (a).
``(4) Grants.--
``(A) In general.--The Under Secretary shall
establish a grant program to provide funding for
acquiring, installing, and operating ballast water
treatment technologies aboard vessels participating in
the program under this subsection.
``(B) Matching requirements.--The amount of Federal
funds used for any demonstration project under this
subsection--
``(i) shall not exceed $1,000,000; and
``(ii) shall not exceed 50 percent of the
total cost of such project.
``(c) Alternative Ship Pathway Program.--
``(1) In general.--The Under Secretary, with the concurrence
of and in cooperation with the Secretary, shall conduct a
program to demonstrate and verify technologies and practices to
monitor and control the introduction of aquatic invasive
species by ship pathways other than the release of ballast
water.
``(2) Selection of methods.--The Under Secretary may not
select technologies and practices for demonstration or
verification under paragraph (1) unless such technologies and
practices, in the determination of the Under Secretary, in
consultation with the Secretary, meet the criteria outlined in
subparagraphs (B) through (G) of subsection (a)(4).
``(3) Location.--The installation and construction of
technologies and practices for demonstration and verification
under this subsection shall be performed in the United
States.''; and
(13) in subsection (d), as so redesignated, by striking
``Secretary of the Interior'' each place it appears and
inserting ``Secretary, in consultation with the Under
Secretary,''.
SEC. 506. RAPID RESPONSE PLAN.
Subtitle C of title I of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4721 et seq.) is amended
by adding at the end the following:
``SEC. 1210. RAPID RESPONSE PLAN.
``(a) Preparation by President.--The President shall prepare and
publish a national rapid response plan for killing, removing, or
minimizing the spread of aquatic nuisance species in the waters of the
United States in accordance with this section.
``(b) Contents.--The national rapid response plan shall provide for
efficient, coordinated, and effective action to minimize damage from
aquatic nuisance species in the navigable waters of the United States,
including killing, containing, and removal of the aquatic nuisance
species, and shall include the following:
``(1) Assignment of duties and responsibilities among Federal
departments and agencies in coordination with State and local
agencies and port authorities and private entities.
``(2) Identification, procurement, maintenance, and storage
of equipment and supplies needed to facilitate the killing,
containment, and removal of aquatic nuisance species under this
section.
``(3) Establishment or designation by the President of
Federal aquatic nuisance species response teams, consisting
of--
``(A) personnel who shall be trained and prepared by
the President and shall be available to provide
necessary services to carry out the national rapid
response plan;
``(B) adequate equipment and material needed to
facilitate the killing, containment, and removal of
aquatic nuisance species under this section; and
``(C) a detailed plans to kill, contain, and remove
aquatic nuisance species, including measures to protect
fisheries and wildlife.
``(4) A system of surveillance and notice designed to
safeguard against, as well as ensure earliest possible notice
of, the introduction of aquatic nuisance species and imminent
threats of such introduction to the appropriate State and
Federal agencies.
``(5) Establishment by the President of a national center to
provide coordination and direction for operations in carrying
out the plan.
``(6) Procedures and techniques to be employed in
identifying, containing, killing, and removing aquatic nuisance
species in the waters of the United States.
``(7) A schedule, prepared by the President in cooperation
with the States, identifying--
``(A) mitigating devices and substances, if any, that
may be used in carrying out the plan;
``(B) the waters in which such mitigating devices and
substances may be used; and
``(C) the quantities of such mitigating device or
substance which can be used safely in such waters.
``(8) A system whereby the State or States affected by an
aquatic nuisance species may act where necessary to remove such
species.
``(9) Establishment by the President of criteria and
procedures to ensure immediate and effective Federal
identification of, and response to, an introduction of aquatic
nuisance species.
``(10) Designation by the President of the Federal official
who shall be the Federal on-scene coordinator for measures
taken to kill, contain, and remove aquatic nuisance species
under this section.
``(11) A fish and wildlife response plan for the immediate
and effective protection, rescue, and rehabilitation of, and
the minimization of risk of damage to, fish and wildlife
resources and their habitat that are harmed or that may be
jeopardized by an introduction of an aquatic nuisance species.
``(c) Federal Removal Authority.--
``(1) Removal requirement.--
``(A) In general.--The President shall ensure, in
accordance with the national rapid response plan,
effective and immediate killing, containing, and
removal of the aquatic nuisance species in the waters
of the United States.
``(B) Discretionary authority.--In carrying out this
paragraph, the President may--
``(i) kill, contain, and remove an aquatic
nuisance species, at any time; and
``(ii) direct or monitor all Federal, State,
and private actions to kill, contain, and
remove the aquatic nuisance species.
``(2) Actions in accordance with national rapid response
plan.--Each Federal agency, State, owner or operator, or other
person participating in efforts under this subsection shall act
in accordance with the national rapid response plan or as
directed by the President to carry out the plan.''.
SEC. 507. AUTHORIZATION OF APPROPRIATIONS.
Section 1301(a) of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4741(a)) is amended--
(1) by striking ``and'' after the semicolon in paragraph
(4)(B);
(2) by striking the period at the end of paragraph (5)(B) and
inserting a semicolon; and
(3) by adding at the end the following:
``(6) $20,000,000 for each of fiscal years 2008 through 2012
to the Secretary to carry out section 1101;
``(7) $500,000 to the Secretary for each of fiscal years 2008
through 2013 to carry out section 1102(f);
``(8) $6,000,000 to the Under Secretary for each of fiscal
years 2008 through 2013 to carry out paragraph (4) of section
1104(b); and
``(9) $1,500,000 to the Under Secretary for each of fiscal
years 2008 through 2013 to carry out section 1104(c).''.
TITLE VI--ALIEN SMUGGLING
SEC. 601. SHORT TITLE.
This title may be cited as the ``Maritime Law Enforcement Improvement
Act of 2007''.
SEC. 602. MARITIME LAW ENFORCEMENT.
(a) In General.--Subtitle VII of title 46, United States Code, is
amended by adding at the end the following:
``CHAPTER 707--MARITIME LAW ENFORCEMENT
``Sec.
``70701. Offense.
``70702. Attempt or conspiracy.
``70703. Affirmative defenses.
``70704. Penalties.
``70705. Criminal forfeiture.
``70706. Civil forfeiture.
``70707. Extension beyond territorial jurisdiction.
``70708. Claim of failure to comply with international law;
jurisdiction of court.
``70709. Federal activities.
``70710. Definitions.
``Sec. 70701. Offense
``It shall be unlawful for any person on board a covered vessel to
transport or facilitate the transportation, harboring, or concealment
of an alien on board such vessel knowing or having reason to believe
that the alien is attempting to unlawfully enter the United States.
``Sec. 70702. Attempt or conspiracy
``Any person on board a covered vessel who attempts or conspires to
commit a violation of section 70701 shall be subject to the same
penalties as those prescribed for the violation, the commission of
which was the object of the attempt or conspiracy.
``Sec. 70703. Affirmative defenses
``It is an affirmative defense to a prosecution under this section,
which the defendant must prove by a preponderance of the evidence,
that--
``(1)(A) the alien was on board pursuant to a rescue at sea,
or was a stowaway; or
``(B) the entry into the United States was a necessary
response to an imminent threat of death or serious bodily
injury to the alien;
``(2) the defendant, as soon as reasonably practicable,
informed the Coast Guard of the presence of the alien on the
vessel and the circumstances of the rescue; and
``(3) the defendant complied with all orders given by law
enforcement officials of the United States.
``Sec. 70704. Penalties
``Any person who commits a violation of this chapter shall be
imprisoned for not less than 3 nor more than 20 years or fined not more
than $100,000, or both; except that--
``(1) in any case in which the violation causes serious
bodily injury to any person, regardless of where the injury
occurs, the person shall be imprisoned for not less than 7 nor
more than 30 years or fined not more than $500,000, or both;
and
``(2) in any case in which the violation causes or results in
the death of any person regardless of where the death occurs,
the person shall be imprisoned for not less than 10 years nor
more than life or fined not more than $1,000,000, or both.
``Sec. 70705. Criminal forfeiture
``The court, at the time of sentencing a person convicted of an
offense under this chapter, shall order forfeited to the United States
any vessel used in the offense in the same manner and to the same
extent as if it were a vessel used in an offense under section 274 of
the Immigration and Nationality Act (8 U.S.C. 1324).
``Sec. 70706. Civil forfeiture
``A vessel that has been used in the commission of a violation of
this chapter shall be seized and subject to forfeiture in the same
manner and to the same extent as if it were used in the commission of a
violation of section 274(a) of the Immigration and Nationality Act (8
U.S.C. 1324(a)).
``Sec. 70707. Extension beyond territorial jurisdiction
``Sections 70701 and 70702 apply even though the act is committed
outside the territorial jurisdiction of the United States.
``Sec. 70708. Claim of failure to comply with international law;
jurisdiction of court
``A claim of failure to comply with international law in the
enforcement of this chapter may be invoked as a basis for a defense
solely by a foreign nation. A failure to comply with international law
shall not divest a court of jurisdiction or otherwise constitute a
defense to any proceeding under this chapter.
``Sec. 70709. Federal activities
``Nothing in this chapter applies to otherwise lawful activities
carried out by or at the direction of the United States Government.
``Sec. 70710. Definitions
``In this chapter, the following definitions apply:
``(1) Alien.--The term `alien' has the meaning given that
term in section 70105(f).
``(2) Covered vessel.--The term `covered vessel' means a
vessel of the United States, or a vessel subject to the
jurisdiction of the United States, that is less than 300 gross
tons (or an alternate tonnage prescribed by the Secretary under
section 14104 of this title) as measured under section 14502 of
this title.
``(3) Serious bodily injury.--The term `serious bodily
injury' has the meaning given that term in section 1365 of
title 18, United States Code.
``(4) United states.--The term `United States' has the
meaning given that term is section 114.
``(5) Vessel of the united states.--The term `vessel of the
United States' has the meaning given that term in section
70502.
``(6) Vessel subject to the jurisdiction of the united
states.--The term `vessel subject to the jurisdiction of the
United States' has the meaning given that term in section
70502.''.
(b) Clerical Amendment.--The analysis for such subtitle is amended by
inserting after the item relating to chapter 705 the following:
``707. Maritime Law Enforcement................................70701''.
TITLE VII--MISCELLANEOUS HOMELAND SECURITY PROVISIONS
SEC. 701. MARITIME HOMELAND SECURITY PUBLIC AWARENESS PROGRAM.
The Secretary of Homeland Security shall establish a program to help
prevent acts of terrorism and other activity that jeopardizes maritime
homeland security, by seeking the cooperation of the commercial and
recreational boating industries and the public to improve awareness of
activity in the maritime domain and report suspicious and unusual
activity.
SEC. 702. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL.
(a) Assessment of TWIC Program Implementation.--
(1) In general.--Not later than 120 days after implementing
the Transportation Worker Identification Credential program (in
this section referred to as ``TWIC'') at the ten ports
designated top priority by the Secretary of Homeland Security,
as required by section 70105(i)(2)(A) of title 46, United
States Code, the Secretary shall submit to the Committee on
Homeland Security of the House of Representatives, the
Committee on Transportation and Infrastructure of the House of
Represetatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Homeland
Security and Governmental Affairs of the Senate and to the
Comptroller General of the United States a report containing an
assessment of the progress of the program's implementation. The
report shall include--
(A) the number of workers enrolled in the program to
date and the extent to which key metrics and contract
requirements have been met; and
(B) an overview of the challenges encountered during
implementation of the enrollment process, and plans for
how these challenges will be addressed as the program
is implemented at additional ports.
(2) GAO assessment.--The Comptroller General shall review the
report and submit to the Committee on Homeland Security of the
House of Representatives, the Committee on Transportation and
Infrastructure of the House of Represetatives, the Committee on
Commerce, Science, and Transportation of the Senate, and the
Committee on Homeland Security and Governmental Affairs of the
Senate an assessment of the report's findings and
recommendations.
(b) Assessment of TWIC Pilot.--
(1) In general.--Not later than 120 days after completing the
pilot program under section 70105(k)(1) of title 46, United
States Code, to test TWIC access control technologies at port
facilities and vessels nationwide, the Secretary of Homeland
Security shall submit to the Committee on Homeland Security of
the House of Representatives, the Committee on Transportation
and Infrastructure of the House of Represetatives, the
Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Homeland Security and Governmental
Affairs of the Senate and to the Comptroller General a report
containing an assessment of the results of the pilot. The
report shall include--
(A) the findings of the pilot program with respect to
key technical and operational aspects of implementing
TWIC technologies in the maritime sector;
(B) a comprehensive listing of the extent to which
established metrics were achieved during the pilot
program; and
(C) an analysis of the viability of those
technologies for use in the marine environment,
including any challenges to implementing those
technologies and strategies for mitigating identified
challenges.
(2) GAO assessment.--The Comptroller General shall review the
report and submit to the Committee on Homeland Security of the
House of Representatives, the Committee on Transportation and
Infrastructure of the House of Represetatives, the Committee on
Commerce, Science, and Transportation of the Senate, and the
Committee on Homeland Security and Governmental Affairs of the
Senate an assessment of the report's findings and
recommendations.
SEC. 703. STUDY TO IDENTIFY REDUNDANT BACKGROUND RECORDS CHECKS.
(a) Study.--The Comptroller General of the United States shall
conduct a study comparing those background records checks required
under section 70105 of title 46, United States Code, and those
conducted by States for similar homeland security purposes.
(b) Report.--Not later than 6 months after the date of the enactment
of this Act, the Comptroller General of the United States shall submit
a report to the Committee on Homeland Security of the House of
Representatives, the Committee on Transportation and Infrastructure of
the House of Represetatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Homeland Security
and Governmental Affairs of the Senate on the results of the study,
including--
(1) an identification of redundancies and inefficiencies in
connection with such checks referred to in subsection (a); and
(2) recommendations for eliminating such redundancies and
inefficiencies.
SEC. 704. REVIEW OF INTERACENCY OPERATIONAL CENTERS.
(a) In General.--Within 180 days of enactment of this Act, the
Department of Homeland Security Inspector General shall provide a
report to the Committee on Homeland Security of the House of
Representatives and the Committees on Homeland Security and
Governmental Affairs and Commerce, Science, and Transportation of the
Senate concerning the establishment of Interagency Operational Centers
for Port Security required by section 108 of the SAFE Port Act (Public
Law 109-347).
(b) Report.--The report shall include--
(1) an examination of the Department's efforts to establish
the Interagency Operational Centers;
(2) a timeline for construction;
(3) a detailed breakdown, by center, as to the incorporation
of those representatives required by section 70107A(b)(3) of
title 46, United States Code;
(4) an analysis of the hurdles faced by the Department in
developing these centers;
(5) information on the number of security clearances attained
by State, local, and tribal officials participating in the
program; and
(6) an examination of the relationship between the
Interagency Operational Centers and State, local and regional
fusion centers participating in the Department of Homeland
Security's State, Local, and Regional Fusion Center Initiative
under section 511 of the Implementing the Recommendations of
the 9/11 Commission Act of 2007 (Public Law 110-53), with a
particular emphasis on--
(A) how the centers collaborate and coordinate their
efforts; and
(B) the resources allocated by the Coast Guard to
both initiatives.
SEC. 705. MARITIME SECURITY RESPONSE TEAMS.
(a) In General.--Section 70106 of title 46, United States Code, is
amended by striking subsection (c) and inserting the following:
``(c) Maritime Security Response Teams.--
``(1) In general.--In addition to the maritime safety and
security teams, the Secretary shall establish no less than two
maritime security response teams to act as the Coast Guard's
rapidly deployable counterterrorism and law enforcement
response units that can apply advanced interdiction skills in
response to threats of maritime terrorism.
``(2) Minimization of response time.--The maritime security
response teams shall be stationed in such a way to minimize, to
the extent practicable, the response time to any reported
maritime terrorist threat.
``(d) Coordination With Other Agencies.--To the maximum extent
feasible, each maritime safety and security team and maritime security
response team shall coordinate its activities with other Federal,
State, and local law enforcement and emergency response agencies.''.
SEC. 706. COAST GUARD DETECTION CANINE TEAM PROGRAM EXPANSION.
(a) Definitions.--For purposes of this section:
(1) Canine detection team.--The term ``detection canine
team'' means a canine and a canine handler that are trained to
detect narcotics or explosives, or other threats as defined by
the Secretary.
(2) Secretary.--The term ``Secretary'' means the Secretary of
Homeland Security.
(b) Detection Canine Teams.--
(1) Increased capacity.--Not later than 240 days after the
date of enactment of this Act, the Secretary shall--
(A) begin to increase the number of detection canine
teams certified by the Coast Guard for the purposes of
maritime-related security by no fewer than 10 canine
teams annually through fiscal year 2012; and
(B) encourage owners and operators of port
facilities, passenger cruise liners, oceangoing cargo
vessels, and other vessels identified by the Secretary
to strengthen security through the use of highly
trained detection canine teams.
(2) Canine procurement.--The Secretary, acting through the
Commandant of the Coast Guard, shall--
(A) procure detection canine teams as efficiently as
possible, including, to the greatest extent possible,
through increased domestic breeding, while meeting the
performance needs and criteria established by the
Commandant;
(B) support expansion and upgrading of existing
canine training facilities operated by the department
in which the Coast Guard is operating; and
(C) as appropriate, partner with other Federal,
State, or local agencies, nonprofit organizations,
universities, or the private sector to increase the
breeding and training capacity for Coast Guard canine
detection teams.
(c) Deployment.--The Secretary shall prioritize deployment of the
additional canine teams to ports based on risk, consistent with the
Security and Accountability For Every Port Act of 2006 (Public Law 109-
347).
(d) Authorization.--There are authorized to be appropriated to the
Secretary such sums as may be necessary to carry out this section for
fiscal years 2008 through 2012.
SEC. 707. COAST GUARD PORT ASSISTANCE PROGRAM.
Section 70110 of title 46, United States Code, is amended by adding
at the end the following:
``(f) Coast Guard Assistance Program.--
``(1) In general.--The Secretary may lend, lease, donate, or
otherwise provide equipment, and provide technical training and
support, to the owner or operator of a foreign port or
facility--
``(A) to assist in bringing the port or facility into
compliance with applicable International Ship and Port
Facility Code standards;
``(B) to assist the port or facility in meeting
standards established under section 70109A of this
chapter; and
``(C) to assist the port or facility in exceeding the
standards described in subparagraphs (A) and (B).
``(2) Conditions.--The Secretary--
``(A) shall provide such assistance based upon an
assessment of the risks to the security of the United
States and the inability of the owner or operator of
the port or facility otherwise to bring the port or
facility into compliance with those standards and to
maintain compliance with them;
``(B) may not provide such assistance unless the port
or facility has been subjected to a comprehensive port
security assessment by the Coast Guard or a third party
entity certified by the Secretary under section
70110A(b) to validate foreign port or facility
compliance with International Ship and Port Facility
Code standards; and
``(C) may only lend, lease, or otherwise provide
equipment that the Secretary has first determined is
not required by the Coast Guard for the performance of
its missions.''.
SEC. 708. HOMELAND SECURITY IMPACT REVIEW OF LIQUEFIED NATURAL GAS
FACILITIES.
(a) Requirement of Approval.--No Federal agency shall license,
approve, or otherwise authorize the construction, expansion, or
operation of an offshore or waterfront facility for the transfer of
liquefied natural gas from ships to land or from land to ships unless
the Secretary of Homeland Security has approved such construction,
expansion, or operation under this section.
(b) Homeland Security Impact Review.--Upon receipt of notice of an
application for a license, approval, or other authorization described
in subsection (a), the Secretary of Homeland Security shall conduct a
comprehensive homeland security impact review of the proposed
construction, expansion, or operation, including proposed shipping
routes to or from the facility.
(c) Factors to Be Considered.--In conducting the review under
subsection (b), the Secretary of Homeland Security shall consider--
(1) the potential for muliple, simultaneous, coordinated
attacks on facilities;
(2) the potential for assistance in an attack from several
persons employed at the facility;
(3) the potential for suicide attacks;
(4) water-based and air-based threats;
(5) the potential use of explosive devices of considerable
size and other modern weaponry;
(6) the potential for attacks by persons with a sophisticated
knowledge of facility operations;
(7) the threat of fires and large explosions; and
(8) special threats and vulnerabilities affecting facilities
located in or within 2 miles of a densely populated urban area.
(d) Approval.--Upon completion of a review under subsection (b), if
the Secretary of Homeland Security determines that the proposed
construction, expansion, or operation of the facility does not pose a
substantial risk to life and property, the Secretary in coordination
with appropriate Federal agencies with regulatory responsibility over
liquefied natural gas facilities shall approve the proposed
construction, expansion, or operation. Except as provided in subsection
(a), approval under this subsection shall not affect any other
requirement under law to obtain a license, approval, or other
authorization for the construction, expansion, or operation of an
offshore or waterfront facility for the transfer of liquefied natural
gas from ships to land or from land to ships.
(e) Results of Review.--The Secretary of Homeland Security shall
provide the results of a review conducted under subsection (b)--
(1) to the Committee on Homeland Security of the House of
Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Homeland
Security and Governmental Affairs of the Senate;
(2) to each Federal agency responsible for licensing,
approval, or other authorization for the construction,
expansion, or operation; and
(3) to the extent consistent with the protection of homeland
security, to affected State and local officials and the public.
SEC. 709. MARITIME BIOMETRIC IDENTIFICATION.
(a) In General.--The Secretary of Homeland Security, through the
Commandant of the Coast Guard, may conduct, in the maritime
environment, a pilot program for the mobile biometric identification of
suspected individuals, including terrorists, to enhance border security
and for other purposes.
(b) Requirements.--The Secretary shall ensure that the pilot program
is coordinated with other biometric identification programs within the
Department of Homeland Security and shall evaluate the costs and
feasibility of expanding the capability to all Coast Guard cutters,
stations and deployable maritime teams, and other appropriate
Department of Homeland Security maritime vessels and units.
(c) Definition.--For purposes of this section, the term ``biometric
identification'' means use of fingerprint and digital photography
images.
(d) Authorization of Appropriations.--There are authorized such sums
as appropriate to carry out this section.
SEC. 710. REVIEW OF POTENTIAL THREATS.
Not later than 1 year after the date of the enactment of this Act,
the Secretary of Homeland Security shall submit to Congress a report
analyzing the threat, vulnerability, and consequence of a terrorist
attack on gasoline and chemical cargo shipments in port activity areas
in the United States.
SEC. 711. PORT SECURITY PILOT.
The Secretary of Homeland Security shall establish a pilot program
to test and deploy preventive radiological/nuclear detection equipment
on Coast Guard vessels and other locations in select port regions to
enhance border security and for other purposes. The pilot program shall
leverage existing Federal grant funding to support this program and the
procurement of additional equipment.
SEC. 712. ADVANCE NOTICE OF PORT ARRIVAL OF SIGNIFICANT OR FATAL
INCIDENTS INVOLVING U.S. PERSONS.
(a) Requirement.--The Secretary of Homeland Security shall require
the owner or operator of a cruise ship that embarks or disembarks
passengers in a United States port to notify the Secretary of any
covered security incident that occurs on the cruise ship in the course
of the voyage (or voyage segment) in which a U.S. person is involved,
in conjunction with any advance notice of arrival to a United States
port required by part 160 of title 33, Code of Federal Regulations.
(b) Definitions.--For the purposes of this section:
(1) Covered security incident.--The term ``covered security
incident'' means any act or omission that results in death,
serious bodily injury, sexual assault, or a missing person, or
poses a significant threat to the cruise ship, any cruise ship
passenger, any port facility, or any person in or near the
port.
(2) Cruise ship.--The term ``cruise ship'' means a vessel on
an international voyage that embarks or disembarks passengers
at a port of United States jurisdiction to which subpart C of
part 160 of title 33, Code of Federal Regulations, applies and
that provides overnight accommodations.
(3) U.S. person.--The term ``U.S. person'' means a citizen of
the United States and an alien lawfully admitted for permanent
residence (as defined in section 101(a)(20) of the Immigration
and Nationality Act (8 U.S.C. 1101 (a)(20)).
(4) United states.--The term ``United States'' means the 50
States, the District of Columbia, Puerto Rico, the Northern
Mariana Islands, the United States Virgin Islands, Guam,
American Samoa, and any other territory or possession of the
United States.
(c) Savings Clause.--Nothing in this section shall be interpreted to
discourage immediate notification to the Secretary of a covered
security incident, nor shall this section prohibit earlier
notifications of covered security incidents otherwise required by law
or regulation.
SEC. 713. SAFETY AND SECURITY ASSISTANCE FOR FOREIGN PORTS.
(a) In General.--Section 70110(e)(1) of title 46, United States Code,
is amended by striking the second sentence and inserting the following:
``The Secretary shall establish a strategic plan to utilize those
assistance programs to assist ports and facilities that are found by
the Secretary under subsection (a) not to maintain effective
antiterrorism measures in the implementation of port security
antiterrorism measures.''.
(b) Conforming Amendments.--
(1) Section 70110 of title 46, United States Code, is
amended--
(A) by inserting ``OR FACILITIES'' after ``PORTS'' in
the section heading;
(B) by inserting ``or facility'' after ``port'' each
place it appears; and
(C) by striking ``Ports'' in the heading for
subsection (e) and inserting ``Ports, Facilities,''.
(2) The chapter analysis for chapter 701 of title 46, United
States Code, is amended by striking the item relating to
section 70110 and inserting the following:
``70110. Actions and assistance for foreign ports or facilities and
United States territories.''.
SEC. 714. SEASONAL WORKERS.
(a) Study.--The Comptroller General of the United States shall
conduct a study on the effects that the Transportation Worker
Identification Card (in this section referred to as ``TWIC'') required
by section 70105 of title 46, United States Code, has on companies that
employ seasonal employees.
(b) Report.--Not later than one year after the date of the enactment
of this Act, the Comptroller General shall submit a report to Congress
on the results of the study, including--
(1) costs associated in requiring seasonal employees to
obtain TWIC cards on companies
(2) whether the Coast Guard and Transportation Security
Administration are processing TWIC applications quickly enough
for seasonal workers to obtain TWIC certification;
(3) whether TWIC compliance costs or other factors have led
to a reduction in service;
(4) the impact of TWIC on the recruiting and hiring of
seasonal and other temporary employees; and
(5) an assessment of possible alternatives to TWIC
certification that may be used for seasonal employees including
any security vulnerabilities created by those alternatives.
SEC. 715. COMPARATIVE RISK ASSESSMENT OF VESSEL-BASED AND FACILITY-
BASED LIQUEFIED NATURAL GAS REGASIFICATION
PROCESSES.
(a) In General.--Within 90 days after the date of the enactment of
this Act, the Commandant of the Coast Guard shall enter into an
arrangement for the performance of an independent study to conduct a
comparative risk assessment examining the relative safety and security
risk associated with vessel-based and facility-based liquefied natural
gas regasification processes conducted within 3 miles from land versus
such processes conducted more than 3 miles from land.
(b) Report.--Not later than 1 year after the date of the enactment of
this Act, the Commandant shall provide a report on the findings and
conclusions of the study required by this section to the Committees on
Homeland Security, Transportation and Infrastructure, and Energy and
Commerce of the House of Representatives, and the Committees on
Homeland Security and Governmental Affairs and Commerce, Science, and
Transportation of the Senate.
SEC. 716. SAVINGS CLAUSE.
Nothing in this Act shall be construed to diminish or affect the
authority of the Secretary of Homeland Security or the Commandant of
the Coast Guard pursuant to the Maritime Transportation Security Act of
2002 (Public Law 107-295), the Ports and Waterways Safety Act (33
U.S.C. 1221 et seq.), the SAFE Port Act (Public Law 109-347), the
Homeland Security Act of 2002, or the Implementing Recommendations of
the 9/11 Commission Act of 2007 (Public Law 110-53).
TITLE VIII--COAST GUARD INTEGRATED DEEPWATER PROGRAM
SEC. 801. SHORT TITLE.
This title may be cited as the ``Integrated Deepwater Program Reform
Act''.
SEC. 802. IMPLEMENTATION OF COAST GUARD INTEGRATED DEEPWATER
ACQUISITION PROGRAM.
(a) Use of Private Sector Entity as a Lead Systems Integrator.--
(1) In general.--Except as otherwise provided in this
subsection, the Secretary may not use a private sector entity
as a lead systems integrator for procurements under, or in
support of, the Deepwater Program beginning on the earlier of
October 1, 2011, or the date on which the Secretary certifies
in writing to the Committee on Transportation and
Infrastructure and the Committee on Homeland Security of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate that the Coast Guard
has available and can retain sufficient contracting personnel
and expertise within the Coast Guard, through an arrangement
with other Federal agencies, or through contracts or other
arrangements with private sector entities, to perform the
functions and responsibilities of the lead system integrator in
an efficient and cost-effective manner.
(2) Completion of existing delivery orders and task orders.--
The Secretary may use a private sector entity as a lead systems
integrator to complete any delivery order or task order under
the Deepwater Program that was issued to the lead systems
integrator on or before the date of enactment of this Act.
(3) Assistance of other federal agencies.--In any case in
which the Secretary is the systems integrator under the
Deepwater Program, the Secretary may obtain any type of
assistance the Secretary considers appropriate, with any
systems integration functions, from any Federal agency with
experience in systems integration involving maritime vessels
and aircraft.
(4) Assistance of private sector entities.--In any case in
which the Secretary is the systems integrator under the
Deepwater Program, the Secretary may, subject to the
availability of appropriations, obtain by grant, contract, or
cooperative agreement any type of assistance the Secretary
considers appropriate, with any systems integration functions,
from any private sector entity with experience in systems
integration involving maritime vessels and aircraft.
(b) Competition.--
(1) In general.--Except as otherwise provided in this
subsection, the Secretary shall use full and open competition
for each class of asset acquisitions under the Deepwater
Program for which an outside contractor is used, if the asset
is procured directly by the Coast Guard or by the Integrated
Coast Guard System acting under a contract with the Coast
Guard.
(2) Exception.--The Secretary may use a procurement method
that is less than full and open competition to procure an asset
under the Deepwater Program, if--
(A) the Secretary determines that such method is in
the best interests of the Federal Government; and
(B) by not later than 30 days before the date of the
award of a contract for the procurement, the Secretary
submits to the Committee on Transportation and
Infrastructure and the Committee on Homeland Security
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a
report explaining why such procurement is in the best
interests of the Federal Government.
(3) Limitation on application.--Paragraph (1) shall not apply
to a contract, subcontract, or task order that was issued
before the date of enactment of this Act, if there is no change
in the quantity of assets or the specific type of assets
procured.
(c) Required Contract Terms.--The Secretary shall include in each
contract, subcontract, and task order issued under the Deepwater
Program after the date of the enactment of this Act the following
provisions, as applicable:
(1) Technical reviews.--A requirement that the Secretary
shall conduct a technical review of all proposed designs,
design changes, and engineering changes, and a requirement that
the contractor must specifically address all engineering
concerns identified in the technical reviews, before any funds
may be obligated.
(2) Responsibility for technical requirements.--A requirement
that the Secretary shall maintain the authority to establish,
approve, and maintain technical requirements.
(3) Cost estimate of major changes.--A requirement that an
independent cost estimate must be prepared and approved by the
Secretary before the execution of any change order costing more
than 5 percent of the unit cost approved in the Deepwater
Program baseline in effect as of May 2007.
(4) Performance measurement.--A requirement that any
measurement of contractor and subcontractor performance must be
based on the status of all work performed, including the extent
to which the work performed met all cost, schedule, and mission
performance requirements outlined in the Deepwater Program
contract.
(5) Early operational assessment.--For the acquisition of any
cutter class for which an Early Operational Assessment has not
been developed--
(A) a requirement that the Secretary of the
Department in which the Coast Guard is operating shall
cause an Early Operational Assessment to be conducted
by the Department of the Navy after the development of
the preliminary design of the cutter and before the
conduct of the critical design review of the cutter;
and
(B) a requirement that the Coast Guard shall develop
a plan to address the findings presented in the Early
Operational Assessment.
(6) Transient electromagnetic pulse emanation.--For the
acquisition or upgrade of air, surface, or shore assets for
which compliance with transient electromagnetic pulse emanation
(TEMPEST) is a requirement, a provision specifying that the
standard for determining such compliance shall be the air,
surface, or shore asset standard then used by the Department of
the Navy.
(7) Offshore patrol cutter underway requirement.--For any
contract issued to acquire an Offshore Patrol Cutter,
provisions specifying the service life, fatigue life, days
underway in general Atlantic and North Pacific Sea conditions,
maximum range, and maximum speed the cutter shall be built to
achieve.
(8) Inspector general access.--A requirement that the
Department of Homeland Security's Office of the Inspector
General shall have access to all records maintained by all
contractors working on the Deepwater Program, and shall have
the right to privately interview any contractor personnel.
(d) Life Cycle Cost Estimate.--
(1) In general.--The Secretary shall develop an authoritative
life cycle cost estimate for the Deepwater Program.
(2) Contents.--The life cycle cost estimate shall include
asset acquisition and logistics support decisions and planned
operational tempo and locations as of the date of enactment of
this Act.
(3) Submittal.--The Secretary shall--
(A) submit the life cycle cost estimate to the
Committee on Transportation and Infrastructure and the
Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate within 4 months after
the date of enactment of this Act; and
(B) submit updates of the life cycle cost estimate to
such Committees annually.
(e) Contract Officers.--The Secretary shall assign a separate
contract officer for each class of cutter and aircraft acquired or
rehabilitated under the Deepwater Program, including the National
Security Cutter, the Offshore Patrol Cutter, the Fast Response Cutter
A, the Fast Response Cutter B, maritime patrol aircraft, the aircraft
HC-130J, the helicopter HH-65, the helicopter HH-60, and the vertical
unmanned aerial vehicle.
(f) Technology Risk Report.--The Secretary shall submit to the
Committee on Transportation and Infrastructure and the Committee on
Homeland Security of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
identifying the technology risks and level of maturity for major
technologies used on each class of asset acquisitions under the
Deepwater Program, including the Fast Response Cutter A (FRC-A), the
Fast Response Cutter B (FRC-B), the Offshore Patrol Cutter (OPC), and
the Vertical Unmanned Aerial Vehicle (VUAV), not later than 90 days
before the date of award of a contract for such an acquisition.
(g) Submission of Assessment Results and Plans to Congress.--The
Commandant of the Coast Guard shall submit to the Committee on
Transportation and Infrastructure and the Committee on Homeland
Security of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate--
(1) the results of each Early Operational Assessment
conducted pursuant to subsection (c)(5)(A) and the plan
approved by the Commandant pursuant to subsection (c)(5)(B) for
addressing the findings of such assessment, within 30 days
after the Commandant approves the plan; and
(2) a report describing how the recommendations of each Early
Operational Assessment conducted pursuant to subsection
(c)(5)(A) on the first in class of a new cutter class have been
addressed in the design on which construction is to begin,
within 30 days before initiation of construction.
SEC. 803. CHIEF ACQUISITION OFFICER.
(a) In General.--Chapter 3 of title 14, United States Code, is
further amended by adding at the end the following:
``Sec. 56. Chief Acquisition Officer
``(a) Establishment of Agency Chief Acquisition Officer.--The
Commandant shall appoint or designate a career reserved employee as
Chief Acquisition Officer for the Coast Guard, who shall--
``(1) have acquisition management as that official's primary
duty; and
``(2) report directly to the Commandant to advise and assist
the Commandant to ensure that the mission of the Coast Guard is
achieved through the management of the Coast Guard's
acquisition activities.
``(b) Authority and Functions of the Chief Acquisition Officer.--The
functions of the Chief Acquisition Officer shall include--
``(1) monitoring the performance of acquisition activities
and acquisition programs of the Coast Guard, evaluating the
performance of those programs on the basis of applicable
performance measurements, and advising the Commandant regarding
the appropriate business strategy to achieve the mission of the
Coast Guard;
``(2) increasing the use of full and open competition in the
acquisition of property and services by the Coast Guard by
establishing policies, procedures, and practices that ensure
that the Coast Guard receives a sufficient number of sealed
bids or competitive proposals from responsible sources to
fulfill the Government's requirements (including performance
and delivery schedules) at the lowest cost or best value
considering the nature of the property or service procured;
``(3) ensuring the use of detailed performance specifications
in instances in which performance-based contracting is used;
``(4) making acquisition decisions consistent with all
applicable laws and establishing clear lines of authority,
accountability, and responsibility for acquisition
decisionmaking within the Coast Guard;
``(5) managing the direction of acquisition policy for the
Coast Guard, including implementation of the unique acquisition
policies, regulations, and standards of the Coast Guard;
``(6) developing and maintaining an acquisition career
management program in the Coast Guard to ensure that there is
an adequate professional workforce; and
``(7) as part of the strategic planning and performance
evaluation process required under section 306 of title 5 and
sections 1105(a)(28), 1115, 1116, and 9703 of title 31--
``(A) assessing the requirements established for
Coast Guard personnel regarding knowledge and skill in
acquisition resources management and the adequacy of
such requirements for facilitating the achievement of
the performance goals established for acquisition
management;
``(B) in order to rectify any deficiency in meeting
such requirements, developing strategies and specific
plans for hiring, training, and professional
development; and
``(C) reporting to the Commandant on the progress
made in improving acquisition management capability.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is further amended by adding at the end the following:
``56. Chief Acquisition Officer.''.
(c) Special Rate Supplements.--
(1) Requirement to establish.--Not later than 1 year after
the date of enactment of this Act and in accordance with part
9701.333 of title 5, Code of Federal Regulations, the
Commandant of the Coast Guard shall establish special rate
supplements that provide higher pay levels for employees
necessary to carry out the amendment made by this section.
(2) Subject to appropriations.--The requirement under
paragraph (1) is subject to the availability of appropriations.
SEC. 804. TESTING AND CERTIFICATION.
(a) In General.--The Secretary shall--
(1) cause each cutter, other than a National Security Cutter,
acquired by the Coast Guard and delivered after the date of
enactment of this Act to be classed by the American Bureau of
Shipping, before acceptance of delivery;
(2) cause the design and construction of each National
Security Cutter, other than National Security Cutter 1 and 2,
to be certified by an independent third party with expertise in
vessel design and construction certification to be able to meet
a 185-underway-day requirement under general Atlantic and North
Pacific sea conditions for a period of at least 30 years;
(3) cause all electronics on all aircraft, surface, and shore
assets that require TEMPEST certification and that are
delivered after the date of enactment of this Act to be tested
and certified in accordance with TEMPEST standards and
communications security (COMSEC) standards by an independent
third party that is authorized by the Federal Government to
perform such testing and certification; and
(4) cause all aircraft and aircraft engines acquired by the
Coast Guard and delivered after the date of enactment of this
Act to be certified for airworthiness by an independent third
party with expertise in aircraft and aircraft engine
certification, before acceptance of delivery.
(b) First in Class of a Major Asset Acquisition.--The Secretary shall
cause the first in class of a major asset acquisition of a cutter or an
aircraft to be subjected to an assessment of operational capability
conducted by the Secretary of the Navy.
(c) Final Arbiter.--The Secretary shall be the final arbiter of all
technical disputes regarding designs and acquisitions of vessels and
aircraft for the Coast Guard.
SEC. 805. NATIONAL SECURITY CUTTERS.
(a) National Security Cutters 1 and 2.--
(1) Report on options under consideration.--The Secretary
shall submit to the Committee on Transportation and
Infrastructure and the Committee on Homeland Security of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate--
(A) within 120 days after the date of enactment of
this Act, a report describing in detail the cost
increases that have been experienced on National
Security Cutters 1 and 2 since the date of the issuance
of the task orders for construction of those cutters
and explaining the causes of these cost increases; and
(B) within 180 days after the date of enactment of
this Act, a report on the options that the Coast Guard
is considering to strengthen the hulls of National
Security Cutter 1 and National Security Cutter 2,
including--
(i) the costs of each of the options under
consideration;
(ii) a schedule for when the hull
strengthening repairs are anticipated to be
performed; and
(iii) the impact that the weight likely to be
added to each the cutter by each option will
have on the cutter's ability to meet both the
original performance requirements included in
the Deepwater Program contract and the
performance requirements created by contract
Amendment Modification 00042 dated February 7,
2007.
(2) Design assessment.--Not later than 30 days before the
Coast Guard signs any contract, delivery order, or task order
to strengthen the hull of either of National Security Cutter 1
or 2 to resolve the structural design and performance issues
identified in the Department of Homeland Security Inspector
General's report OIG-07-23 dated January 2007, the Secretary
shall submit to the Committee on Transportation and
Infrastructure and the Committee on Homeland Security of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate all results of an
assessment of the proposed hull strengthening design conducted
by the Naval Surface Warfare Center, Carderock Division,
including a description in detail of the extent to which the
hull strengthening measures to be implemented on those cutters
will enable the cutters to meet a 185-underway-day requirement
under general Atlantic and North Pacific sea conditions for a
period of at least 30 years.
(b) National Security Cutters 3 Through 8.--Not later than 30 days
before the Coast Guard signs any contract, delivery order, or task
order authorizing construction of National Security Cutters 3 through
8, the Secretary shall submit to the Committee on Transportation and
Infrastructure and the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate all results of an assessment of the
proposed designs to resolve the structural design, safety, and
performance issues identified by the Department of Homeland Security
Office of Inspector General report OIG-07-23 for the hulls of those
cutters conducted by the Naval Surface Warfare Center, Carderock
Division, including a description in detail of the extent to which such
designs will enable the cutters to meet a 185-underway-day requirement
under general Atlantic and North Pacific sea conditions.
SEC. 806. MISCELLANEOUS REPORTS.
(a) In General.--The Secretary shall submit the following reports to
the Committee on Transportation and Infrastructure and the Committee on
Homeland Security of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate:
(1) Within 4 months after the date of enactment of this Act,
a justification for why 8 National Security Cutters are
required to meet the operational needs of the Coast Guard,
including--
(A) how many days per year each National Security
Cutter will be underway at sea;
(B) where each National Security Cutter will be home
ported;
(C) the amount of funding that will be required to
establish home port operations for each National
Security Cutter;
(D) the extent to which 8 National Security Cutters
deployed without vertical unmanned aerial vehicles
(VUAV) will meet or exceed the mission capability
(including surveillance capacity) of the 12 Hamilton-
class high endurance cutters that the National Security
Cutters will replace;
(E) the business case in support of constructing
National Security Cutters 3 through 8, including a
cost-benefit analysis; and
(F) an analysis of how many Offshore Patrol Cutters
would be required to provide the patrol coverage
provided by a National Security Cutter.
(2) Within 4 months after the date of enactment of this Act,
a report on--
(A) the impact that deployment of a National Security
Cutter and other cutter assets without the vertical
unmanned aerial vehicle (VUAV) will have on the amount
of patrol coverage that will be able to be provided
during missions conducted by the National Security
Cutter and all other cutters planned to be equipped
with a VUAV;
(B) how the coverage gap will be made up;
(C) an update on the current status of the
development of the VUAV; and
(D) the timeline detailing the major milestones to be
achieved during development of the VUAV and identifying
the delivery date for the first and last VUAV.
(3) Within 30 days after the elevation to flag-level for
resolution of any design or other dispute regarding the
Deepwater Program contract or an item to be procured under that
contract, including a detailed description of the issue and the
rationale underlying the decision taken by the flag officer to
resolve the issue.
(4) Within 4 months after the date of enactment of this Act,
a report detailing the total number of change orders that have
been created by the Coast Guard under the Deepwater Program
before the date of enactment of this Act, the total cost of
these change orders, and their impact on the Deepwater Program
schedule.
(5) Within 180 days after the date of enactment of this Act,
a report detailing the technology risks and level of maturity
for major technologies used on maritime patrol aircraft, the
HC-130J, and the National Security Cutter.
(6) Not less than 60 days before signing a contract to
acquire any vessel or aircraft, a report comparing the cost of
purchasing that vessel or aircraft directly from the
manufacturer or shipyard with the cost of procuring it through
the Integrated Coast Guard System.
(7) Within 30 days after the Program Executive Officer of the
Deepwater Program becomes aware of a likely cost overrun
exceeding 5 percent of the overall asset acquisition contract
cost or schedule delay exceeding 5 percent of the estimated
asset construction period under the Deepwater Program, a report
by the Commandant containing a description of the cost overrun
or delay, an explanation of the overrun or delay, a description
of Coast Guard's response, and a description of significant
delays in the procurement schedule likely to be caused by the
overrun or delay.
(8) Within 90 days after the date of enactment of this Act,
articulation of a doctrine and description of an anticipated
implementation of a plan for management of acquisitions
programs, financial management (including earned value
management and cost estimating), engineering and logistics
management, and contract management, that includes--
(A) a description of how the Coast Guard will
cultivate among uniformed personnel expertise in
acquisitions management and financial management;
(B) a description of the processes that will be
followed to draft and ensure technical review of
procurement packages, including statements of work, for
any class of assets acquired by the Coast Guard;
(C) a description of how the Coast Guard will conduct
an independent cost estimating process, including
independently developing cost estimates for major
change orders; and
(D) a description of how Coast Guard will strengthen
the management of change orders.
(9) Within 4 months after the date of enactment of this Act,
a report on the development of a new acquisitions office within
the Coast Guard describing the specific staffing structure for
that directorate, including--
(A) identification of all managerial positions
proposed as part of the office, the functions that each
managerial position will fill, and the number of
employees each manager will supervise; and
(B) a formal organizational chart and identification
of when managerial positions are to be filled.
(10) Ninety days prior to the issuance of a Request for
Proposals for construction of an Offshore Patrol Cutter, a
report detailing the service life, fatigue life, maximum range,
maximum speed, and number of days underway under general
Atlantic and North Pacific Sea conditions the cutter shall be
built to achieve.
(11) The Secretary shall report annually on the percentage of
the total amount of funds expended on procurements under the
Deepwater Program that has been paid to each of small
businesses and minority-owned businesses.
(12) Within 120 days after the date of enactment of this Act,
a report on any Coast Guard mission performance gap due to the
removal of Deepwater Program assets from service. The report
shall include the following:
(A) A description of the mission performance gap
detailing the geographic regions and Coast Guard
capabilities affected.
(B) An analysis of factors affecting the mission
performance gap that are unrelated to the Deepwater
Program, including deployment of Coast Guard assets
overseas and continuous vessel shortages.
(C) A description of measures being taken in the near
term to fill the mission performance gap, including
what those measures are and when they will be
implemented.
(D) A description of measures being taken in the long
term to fill the mission performance gap, including
what those measures are and when they will be
implemented.
(E) A description of the potential alternatives to
fill the mission performance gap, including any
acquisition or lease considered and the reasons they
were not pursued.
(b) Report Required on Acceptance of Delivery of Incomplete Asset.--
(1) In general.--If the Secretary accepts delivery of an
asset after the date of enactment of this Act for which a
contractually required certification cannot be achieved within
30 days after the date of delivery or with any system that is
not fully functional for the mission for which it was intended,
the Secretary shall submit to the Committee on Transportation
and Infrastructure and the Committee on Homeland Security of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the United States Senate within
30 days after accepting delivery of the asset a report
explaining why acceptance of the asset in such a condition is
in the best interests of the United States Government.
(2) Contents.--The report shall--
(A) specify the systems that are not able to achieve
contractually required certifications within 30 days
after the date of delivery and the systems that are not
fully functional at the time of delivery for the
missions for which they were intended;
(B) identify milestones for the completion of
required certifications and to make all systems fully
functional; and
(C) identify when the milestones will be completed,
who will complete them, and the cost to complete them.
SEC. 807. USE OF THE NAVAL SEA SYSTEMS COMMAND, THE NAVAL AIR SYSTEMS
COMMAND, AND THE SPACE AND NAVAL WARFARE SYSTEMS
COMMAND TO ASSIST THE COAST GUARD IN EXERCISING
TECHNICAL AUTHORITY FOR THE DEEPWATER PROGRAM AND
OTHER COAST GUARD ACQUISITION PROGRAMS.
(a) Findings.--Congress finds that the Coast Guard's use of the
technical, contractual, and program management oversight expertise of
the Department of the Navy in ship and aircraft production complements
and augments the Coast Guard's organic expertise as it procures assets
for the Deepwater Program.
(b) Inter-Service Technical Assistance.--The Secretary may enter into
a memorandum of understanding or a memorandum of agreement with the
Secretary of the Navy to provide for the use of the Navy Systems
Commands to assist the Coast Guard with the oversight of Coast Guard
major acquisition programs. Such memorandum of understanding or
memorandum of agreement shall, at a minimum provide for--
(1) the exchange of technical assistance and support that the
Coast Guard Chief Engineer and the Coast Guard Chief
Information Officer, as Coast Guard Technical Authorities, may
identify;
(2) the use, as appropriate, of Navy technical expertise; and
(3) the temporary assignment or exchange of personnel between
the Coast Guard and the Navy Systems Commands to facilitate the
development of organic capabilities in the Coast Guard.
(c) Technical Authorities.--The Coast Guard Chief Engineer, Chief
Information Officer, and Chief Acquisition Officer shall adopt, to the
extent practicable, procedures that are similar to those used by the
Navy Senior Acquisition Official to ensure the Coast Guard Technical
Authorities, or designated Technical Warrant Holders, approve all
technical requirements.
(d) Coordination.--The Secretary, acting through the Commandant of
the Coast Guard, may coordinate with the Secretary of the Navy, acting
through the Chief of Naval Operations, to develop processes by which
the assistance will be requested from the Navy Systems Commands and
provided to the Coast Guard.
(e) Report.--Not later than 120 days after the date of enactment of
this Act and every twelve months thereafter, the Commandant of the
Coast Guard shall report to the Committee on Transportation and
Infrastructure and the Committee on Homeland Security of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the activities undertaken pursuant to
such memorandum of understanding or memorandum of agreement.
SEC. 808. DEFINITIONS.
In this title:
(1) Deepwater program.--The term ``Deepwater Program'' means
the Integrated Deepwater Systems Program described by the Coast
Guard in its report to Congress entitled ``Revised Deepwater
Implementation Plan 2005'', dated March 25, 2005. The Deepwater
Program primarily involves the procurement of cutter and
aviation assets that operate more than 50 miles offshore.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the department in which the Coast Guard is operating.
Purpose and Summary
The purpose of H.R. 2830 is to authorize appropriations for
the Coast Guard for fiscal year 2008, and for other purposes.
Background and Need for Legislation
The United States Coast Guard was established on January
28, 1915, through the consolidation of the Revenue Cutter
Service (established in 1790) and the Lifesaving Service
(established in 1848). The Coast Guard later assumed the duties
of three other agencies: the Lighthouse Service (established in
1789), the Steamboat Inspection Service (established in 1838),
and the Bureau of Navigation (established in 1884).
Under section 2 of title 14, United States Code, the Coast
Guard has primary responsibility to enforce or assist in the
enforcement of all applicable Federal laws on, under, and over
the high seas and waters subject to the jurisdiction of the
United States; to ensure the safety of life and property at
sea; to protect the marine environment; to carry out domestic
and international icebreaking activities; and to ensure the
safety and security of vessels, ports, waterways, and related
facilities.
As the fifth armed force of the United States, the Coast
Guard also maintains defense readiness to operate as a
specialized service in the Navy upon the declaration of war or
when the President directs. The Coast Guard is composed of
approximately 40,000 active duty military personnel, 8,100
reservists, 6,700 civilian employees, and 36,000 volunteers of
the Coast Guard Auxiliary. The Coast Guard has defended the
nation in every war since 1790.
In recent years, the Coast Guard has experienced
significant increases in its budget and in the service's scope
of missions to preserve maritime safety and security. Following
the events of September 11, 2001, the Coast Guard was
designated as the lead Federal agency with responsibilities for
maritime homeland security. The Coast Guard has quickly
incorporated these new missions with the Service's many
traditional missions of search and rescue, illegal drug and
migrant interdiction, icebreaking operations, oil spill
response and prevention, maritime safety, marine environmental
protection, and fisheries law enforcement. However, the
addition of these new mission demands, in combination with the
service's rapidly deteriorating fleet of vessels and aircraft,
is severely testing the Coast Guard's capabilities to carry out
its many important missions.
The Coast Guard has embarked on an ambitious
recapitalization program to replace the Service's legacy fleet
of vessels, aircraft and support systems. The Integrated
Deepwater Systems (Deepwater) program will replace or modernize
more than 90 ships and 200 aircraft used in the Coast Guard's
deepwater missions, which generally occur more than 50 miles
offshore.
The Deepwater program is scheduled to be completed on a 25-
year schedule and is projected to cost approximately $24
billion (in 2002 dollars). This figure and timeline represent
estimates that result from post September 11, 2001 program
reassessments and increases over the original Deepwater program
timeline and budget.
The Deepwater Program has suffered from a lack of
managerial oversight for several years. This lack of oversight
has cost the American taxpayer millions of dollars and hours
wasted. The Committee on Homeland Security is encouraged by the
Commandant's recent changes to the program and recommends
pursuing an aggressive Congressional outreach program to allow
for a consistent dialogue that might reinforce confidence in
the Coast Guard's ability to manage such a major acquisition
program. As part of its continued oversight of the Coast Guard,
the Committee on Homeland Security will continue to ensure that
the necessary steps are taken to improve the program.
The Committee on Homeland Security is also committed to
ensuring a successful roll-out of the Transportation Worker
Identification Credential (TWIC). TWIC was originally mandated
by the Maritime Transportation Security Act of 2002. It has
been almost five years since that bill was passed into law and
the Department has still not implemented the card. The
Department of Homeland Security continues to miss deadlines and
milestones with this program, leading to growing concerns
within the Committee about the Department's ability to
successfully roll-out this card in a timely manner that does
not unnecessarily impact the more than 750,000 transportation
workers that are expected to attain the card. To address these
concerns, the Department of Homeland Security is required to
submit timely reports, which will be assessed by the Government
Accountability Office, to ensure that the program runs
smoothly.
Finally, the Committee on Homeland Security has concerns
about the security of liquefied natural gas (LNG) tankers and
facilities. It is projected the LNG imports to the United
States will grow exponentially over the next few years. This
increase plus the knowledge that terrorists have targeted ships
in the past--USS Cole in 2000 and the French oil tanker Limburg
in 2002--led to the Committee to include several provisions
focusing on LNG vessel and facility security.
Hearings
The Committee on Homeland Security did not hold any
hearings on H.R. 2830 in the 110th Congress. The Committee held
oversight hearings concerning the Coast Guard, detailed below.
On February 7, 2007, the Committee on Homeland Security
held a hearing entitled ``An Overview of Issues and Challenges
Facing the Department of Homeland Security.'' The Committee
received testimony from the Honorable David Walker, Comptroller
General of the United States and the Honorable Richard Skinner,
Inspector General, Department of Homeland Security.
On February 9, 2007, the Full Committee held a hearing
entitled ``An Examination of the President's FY 2008 Budget
Request for the Department of Homeland Security.'' The
Committee received testimony from Hon. Michael Chertoff,
Secretary, Department of Homeland Security.
On February 13, 2007, the Subcommittee on Border, Maritime,
and Global Counterterrorism held a hearing entitled ``Border
Security: Infrastructure, Technology, and the Human Element.''
The Subcommittee received testimony from Chief David Aguilar,
U.S. Border Patrol, and Rear Admiral David Pekoske, U.S. Coast
Guard.
On April 26, 2007, the Subcommittee on Border, Maritime,
and Global Counterterrorism held a hearing entitled ``The SAFE
Port Act: A Six Month Review.'' The Subcommittee received
testimony from Admiral Craig E. Bone, Assistant Commandant for
Prevention, United States Coast Guard, Department of Homeland
Security; Mr. Jayson Ahern, Assistant Commissioner, Office of
Field Operations, Customs and Border Protection, Department of
Homeland Security; Ms. Maurine S. Fanguy, Program Director,
Transportation Worker Identification Credential (TWIC) Program,
Transportation Security Administration, Department of Homeland
Security; Mr. Stephen L. Caldwell, Director, Homeland Security
and Justice Issues, Government Accountability Office; Mr.
George P. Cummings, Director of Homeland Security, Port of Los
Angeles; Mr. Richard A. Wainio, Port Director and Chief
Executive Officer, Tampa Port Authority; Mr. Leal Sundet, Coast
Committeeman, Longshore Division of the International Longshore
and Warehouse Union; and Mr. Manny Aschemeyer, Executive
Director, Marine Exchange of Southern California.
On May 17, 2007, the Subcommittee on Border, Maritime and
Global Counterterrorism and the Subcommittee on Management,
Investigations, and Oversight held a joint hearing entitled
``Deepwater: Charting a Course for Safer Waters.'' The
Subcommittees received testimony from Rear Admiral Gary T.
Blore, Program Executive Officer, Integrated Deepwater System,
United States Coast Guard, Department of Homeland Security; Mr.
Richard L. Skinner, Inspector General, Department of Homeland
Security; Captain Steven T. Baynes, Chief, Atlantic Area
Response Enforcement Branch, United States Coast Guard,
Department of Homeland Security; Mr. Fred Moosally, President,
Lockheed Martin Maritime Systems and Sensors; and Mr. James E.
Anton, Sector Vice President and General Manager, U.S. Coast
Guard Programs, Northrop Grumman.
Committee Consideration
H.R. 2830 was introduced by Mr. Oberstar, Mr. Cummings, and
Mr. Latourette on June 22, 2007, and referred to the Committee
on Transportation and Infrastructure.
The Committee on Transportation and Infrastructure reported
H.R. 2830 to the House on September 20, 2007, as H. Rpt. 110-
338, Part I. The measure was then referred sequentially to the
House Committee on Homeland Security for a period ending not
later than October 1, 2007, for consideration of such
provisions of the bill and the amendment as fall within the
jurisdiction of that committee pursuant to clause 1(i), rule X.
On September 25, 2007, the Full Committee met in open
markup session and ordered H.R. 2830 favorably reported to the
House of Representatives, amended, by voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto.
H.R. 2830, to authorize appropriations for the Coast Guard
for fiscal year 2008, and for other purposes; was ordered
favorably reported to the House, amended, by voice vote.
The following amendments were offered:
An Amendment in the Nature of a Substitute offered by Mr.
Thompson (#1), was AGREED TO by voice vote.
An Amendment offered by Mr. McCaul (#1A), to Amendment in
the Nature of a Substitute offered by Mr. Thompson; to add at
the end of titled VII, three sections respectfully entitled:
``Extension of Authority of Secretary of Homeland Security to
Carry out Certain Research and Development Projects'';
``Availability of Testing Facilities and Equipment''; and
``Sec. 316. Availability of Testing Facilities and Equipment'';
was WITHDRAWN by unanimous consent.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee has held oversight
hearings and made findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
2830, the Coast Guard Authorization Act of 2007, would result
in no new or increased budget authority, entitlement authority,
or tax expenditures or revenues.
Congressional Budget Office Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 28, 2007.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2830, the Coast
Guard Authorization Act of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Robert A. Sunshine
(For Peter R. Orszag, Director).
Enclosure.
H.R. 2830--Coast Guard Authorization Act of 2007
Summary: H.R. 2830 would authorize the appropriation of
$7.5 billion through fiscal year 2012, primarily for activities
of the U.S. Coast Guard (USCG) for 2008. Assuming the
appropriation of the authorized amounts, CBO estimates that
implementing the bill would result in discretionary outlays of
about $5 billion in fiscal year 2008 and $7.4 billion over the
2008-2012 period. (About $100 million would be spent after
2012, including $9 million specifically authorized to be
appropriated for 2013.)
In addition, the bill addresses the contracting practices
used by the Coast Guard for the Integrated Deepwater Program
(IDP). Assuming appropriation of the necessary amounts, CBO
estimates that the USCG would spend $5 million over the next
two years to implement title VIII. That increase in spending
would probably be more than offset by savings in future years--
which could be hundreds of millions of dollars--but CBO cannot
estimate the likely size of that savings or clearly identify
what proportion of any long-term savings would be attributable
to this legislation and what share would result from changes
that the Coast Guard would implement under current law.
Several provisions of H.R. 2830 could result in small
changes in offsetting receipts (a credit against direct
spending), primarily from fees on commercial vessels, CBO
estimates that any net change in direct spending under the bill
would be minimal. We estimate that enacting this legislation
would increase revenues from civil penalties by $8 million in
2008, by $31 million over the 2008-2012 period, and by $56
million over the 2008-2017 period.
H.R. 2830 contains intergovernmental and private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
because it would preempt some state laws and impose new
requirements that affect certain public and private vessels and
others in the maritime industry. The aggregate costs to public
and private entities of complying with those mandates are
uncertain and would depend, in part, on future regulations. CBO
estimates, however, that those costs would not exceed the
annual threshold established in UMRA for intergovernmental
mandates ($66 million in 2007, adjusted annually for inflation)
due to the small number of public entities involved. Because
the costs to comply with some of the mandates would be
substantial for private-sector entities, CBO estimates that the
aggregate cost to those entities would exceed the annual
threshold established by UMRA for private-sector mandates ($131
million in 2007, adjusted annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary effects of H.R. 2830 are summarized in Table 1. The
costs of this legislation fall within budget functions 300
(natural resources and environment) and 400 (transportation).
Basis of estimate: For this estimate, CBO assumes that the
bill will be enacted early in fiscal year 2008 and that the
authorized amounts will be appropriated for each year.
Spending subject to appropriation
USCG Authorizations for Fiscal Year 2008. The proposed
authorization levels shown in Table 1 are those specified by
the bill for discretionary accounts, excluding $26 million to
be derived from the Oil Spill Liability Trust Fund (OSLTF).
That amount, which consists of $24 million for operating
expenses and $2 million for research, is already authorized
under existing law. Estimated outlays are based on historical
spending patterns for the Coast Guard.
For 2008, title I of the bill would authorize the
appropriation of about $6.1 billion for USCG operations,
including $127 million for reserve training and $12 million for
environmental compliance. That title also would authorize the
appropriation of about $1.2 billion for capital acquisitions
and other multiyear projects, including $19 million for
research activities and $16 million for bridge alterations. Of
the amounts authorized by title I, $46 million would be derived
from the OSLTF, including $26 million that is already
authorized under existing law.
The bill also would authorize the appropriation of about
$1.2 billion for Coast Guard retirement benefits in 2008, but
that amount is excluded from this estimate because such
benefits are considered an entitlement under current law and
are not subject to appropriation. Thus, the authorization has
no additional budgetary impact.
TABLE 1.--ESTIMATED BUDGETARY IMPACT OF H.R. 2830
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------
2007 2008 2009 2010 2011 2012
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
USCG Spending Under Current Law:
Budget Authority/Authorization Level \1\.............. 7,164 26 0 0 0 0
Estimated Outlays..................................... 6,533 1,706 902 424 199 102
Proposed Changes:
USCG Authorization for 2008:
Authorization Level............................... 0 7,349 0 0 0 0
Estimated Outlays................................. 0 4,998 1,274 534 308 99
Ballast Water Treatment:
Authorization Level............................... 0 31 31 31 31 31
Estimated Outlays................................. 0 23 29 30 31 31
Other USCG Programs:
Authorization Level............................... 0 7 7 5 6 3
Estimated Outlays................................. 0 7 7 5 6 3
Integrated Deepwater Program:
Estimated Authorization Level..................... 0 5 0 0 0 0
Estimated Outlays................................. 0 3 2 0 0 0
Total Changes:
Estimated Authorization Level................. 0 7,392 38 36 37 34
Estimated Outlays............................. 0 5,031 1,312 569 345 133
Total Spending Under H.R. 2830:
Estimated Authorization Level......................... 7,164 7,418 38 36 37 34
Estimated Outlays..................................... 6,533 6,737 2,214 993 544 235
CHANGES IN REVENUES \2\
Estimated Revenues........................................ 0 8 7 6 5 5
----------------------------------------------------------------------------------------------------------------
\1\ The 2007 level is the amount appropriated for that year for USCG discretionary programs. The $26 million
shown for 2008 is the amount authorized to be appropriated from the Oil Spill Liability Trust Fund for Coast
Guard operating expenses and research.
\2\ CBO estimates that revenue collections would sum to $56 million over the 2008-2017 period (see Table 2).
Ballast Water Treatment. Title V would require the Coast
Guard to establish new standards and procedures for controlling
the spread of aquatic invasive species through discharges of
ballast water (water that is carried in tanks by some ships to
maintain stability). For this purpose, title V would authorize
appropriations of $31 million a year. Of this amount, $22
million would be allocated for USCG activities and $9 million
would be provided to the National Oceanic and Atmospheric
Administration for related projects.
Other Coast Guard Programs. Other titles of the bill would
authorize the appropriation of $3 million for each of fiscal
years 2008 through 2012 for grants to local governments,
nonprofit organizations, and others for training programs on
fishing vessel safety, between $2 million and $3 million a year
through 2011 to the Great Lakes Maritime Research Institute for
maritime studies, and $2 million for each of fiscal years 2008
and 2009 for assessments of vessel traffic risk in Alaska.
The bill also would authorize whatever amounts are
necessary for additional port security assets in the Virgin
Islands, for a pilot project on biometric identification
methods, and for expanded use of canine teams to detect
narcotics and explosives. Based on information provided by the
Coast Guard, CBO estimates that carrying out the activities
authorized by these provisions would have no significant effect
on the agency's operating budget.
Integrated Deepwater Program Reform. CBO estimates that
complying with the requirements of title VIII would increase
the Coast Guard's cost to administer IDP by $5 million over the
next two years, assuming appropriation of the necessary
amounts. We expect that the USCG would spend most of this
amount to create a new position of chief acquisition officer,
to hire and compensate new contract officers for each class of
cutter and aircraft acquired under IDP, and to perform a
comprehensive cost estimate for the initiative. We estimate
that the cost of implementing other administrative
requirements, such as testing and certifying vessels to meet
U.S. Navy standards, would not add significantly to the costs
of the Deepwater initiative.
The budgetary impact of other provisions of the title is
uncertain--as is the cost of the Deepwater initiative under
existing law. According to the Inspector General of the
Department of Homeland Security (DHS), the Coast Guard's most
recent cost estimate for the program--$24 billion--is likely to
be too low because it does not take into account costs of
hundreds of millions of dollars resulting from delays, design
failures, and other problems. Title VIII would seek to address
those problems by requiring greater agency supervision and more
reliance on competitive bidding. CBO expects that those reforms
would result in savings, but we cannot estimate the magnitude
of such savings or predict the extent to which some savings
would be realized by implementing similar reforms under current
law.
Pending Acquisitions. CBO expects that implementing the
bill would not directly affect pending acquisitions of certain
classes of assets, such as the national security cutter and the
maritime patrol aircraft, two assets that the USCG has already
begun acquiring from its chosen contractor. The bill would
exempt those and other specified projects from its requirements
on management and competitive bidding if certain conditions are
met. The administrative burden of meeting those conditions
could cause delays in acquiring some fleet replacements and
thus result in additional operating and maintenance costs over
the next few years for existing assets. Similar delays,
however, may occur under current law; the Coast Guard has
already begun revising the design of those assets to address
known problems.
Future Acquisitions. Title VIII would require that future
phases of IDP be subject to open competition and other reforms.
The resulting savings from such reforms could be significant--
perhaps hundreds of millions of dollars--but cannot be
estimated with any precision. Moreover, many of the contracting
changes may occur even in the absence of legislation. For
example, the Coast Guard recently announced that it intends to
begin managing the program itself rather than relying on a
private systems integrator. The agency has also begun
implementing some of the other reforms suggested by DHS, such
as more reliance on competition and independent analysis.
Any costs or savings that result from implementing the bill
would depend on corresponding changes in annual appropriation
acts. Annual funding for acquisitions under the program has
varied widely--from $320 million in fiscal year 2002 to more
than $1.1 billion to date for 2007. The President's budget
request for 2008 includes nearly $840 million for the program.
Changes in direct spending
Section 323 would authorize the Coast Guard to extend for
one year certain expiring maritime licenses, certificates of
registry, and merchant mariner documents. The authority to
provide such extensions would apply through June 2009. Because
the extensions would delay the collection of USCG fees charged
for such documents, enacting this provision could reduce
offsetting receipts (an offset against direct spending) over
the next year or two. Some of those receipts may be spent
without further appropriation, however, to cover collection
expenses. CBO estimates that the net effect in direct spending
from enacting the bill would be less than $500,000 a year in
2008 and 2009.
Several provisions of H.R. 2830 would direct the USCG to
donate real and personal property to various parties such as
local governments or nonprofit organizations. Because some of
the affected vessels, aircraft, and real estate could have been
sold as surplus property under existing law, donating such
assets could result in forgone offsetting receipts. Based on
information provided by the Coast Guard, however, CBO estimates
that such losses would be less than $500,000 a year.
Revenues
H.R. 2830 would establish new penalties and raise other
existing penalties, resulting in estimated new revenue
collections of $31 million over the 2008-2012 period and $56
million over the 2008-2017 period (see Table 2).
Section 304 would impose a new civil penalty on individuals
on vessels with a controlled substance, section 308 would
impose a civil penalty on vessel owners or operators who do not
keep mariner records for at least five years, and section 503
would raise civil penalties for ballast water management
violations. CBO estimates that those provisions would increase
revenues by less than $500,000 a year.
Additionally, title VI would impose new civil penalties for
smuggling people into the United States on vessels, with the
penalties varying based on the physical condition of the
individuals being smuggled. The Coast Guard expects that it
would collect new penalties under the bill from fewer than 100
smugglers a year, at a rate of about $100,000 per violation.
Based on other information obtained from the Coast Guard
regarding the number of individuals who are injured or die
while being smuggled and on CBO assumptions regarding the
effectiveness of federal penalties on smuggling activities, we
estimate that enacting title VI would increase revenues by $8
million in 2008. We expect the number of violations to fall
after 2008. Total estimated revenue collections would be $31
million over the 2008-2012 period and $56 million over the
2008-2017 period.
TABLE 2.--ESTIMATED REVENUE IMPACT FROM ENACTING H.R. 2830
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
---------------------------------------------------------------------------------------------------------------------------------------------------------
2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2008-2012 2008-2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
CHANGES IN REVENUES
Penalties for Alien Smuggling: Estimated Revenues. 8 7 6 5 5 5 5 5 5 5 31 56
--------------------------------------------------------------------------------------------------------------------------------------------------------
Intergovernmental and private-sector impact: H.R. 2830
would impose intergovernmental and private-sector mandates, as
defined in UMRA, on owners and operators of certain vessels and
others in the maritime industry. Those mandates include, but
are not limited to:
<bullet> Safety requirements for certain vessels;
<bullet> Standards for treating ballast water for
certain vessels; and
<bullet> Security, employee protection, and other
requirements on businesses and employees in the
maritime industry.
The aggregate costs of the mandates in the bill are
uncertain because many of them would depend on regulations to
be developed under the bill. However, CBO estimates that those
costs would not exceed the annual threshold established in UMRA
for intergovernmental mandates ($66 million in 2007, adjusted
annually for inflation) due to the small number of public
entities involved. Because the costs to comply with some of the
mandates would be substantial for private-sector entities, CBO
estimates that the aggregate cost to those entities would
exceed the annual threshold established by UMRA for private-
sector mandates ($131 million in 2007, adjusted annually for
inflation).
Mandates that apply to both public and private entities
Safety Equipment and Management Requirements. H.R. 2830
would require owners and operators of commercial and public
vessels to carry approved survival craft that ensure that no
part of an individual is immersed in water. All survival craft
would have to meet this standard by January 1, 2013. The costs
to comply with this mandate would depend on how the Coast Guard
would implement the new standard. However, because most public
vessels do not use survival craft that immerse individuals in
water, CBO estimates that additional costs to public entities
would be minimal. Because of the large number of private
vessels that would be affected (each of which carry anywhere
from one to hundreds of survival craft), CBO estimates that
compliance costs for the private sector could be substantial
relative to UMRA's threshold.
The bill also would require certain domestic passenger
vessels to implement safety management procedures as determined
by the Secretary of Homeland Security. According to the Coast
Guard and industry sources, the costs to public and private
entities could vary widely depending on the coverage and scope
of those procedures. However, only a small number of public
entities would be affected by those requirements. CBO cannot
estimate the total cost of this mandate to private entities
because it would depend on future regulations.
Treatment of Ballast Water. Current regulations require
U.S. and foreign vessels with ballast tanks that operate in the
waters of the United States and that are bound for ports or
places in the United States to report on and conduct activities
relating to the exchange of ballast water. The bill would place
additional requirements on those vessels by requiring new
systems for treating ballast water. In addition, new vessels
built after 2008 would have to meet specific design and
construction requirements for water treatment systems to be
eligible to operate in U.S. waters.
According to several industry experts and the Coast Guard,
water treatment systems currently available would cost between
$300,000 and $1 million to install per ballast system. Some
vessels that would need these systems may have as many as 20
ballast tanks, and each tank would have to be fitted with a
treatment system. While vessels owned by state and local
governments that do not meet exemption standards would be
required to comply, CBO estimates that the costs to those
entities would be small because we expect that few publicly
owned vessels would be affected. CBO estimates that the cost
for the private sector to comply with this mandate would exceed
the threshold for private-sector mandates in at least one year
over the 2008-2012 period.
Other Mandates on the Maritime Industry. The bill also
would impose new requirements on public entities, businesses,
and employees in the maritime industry. For example, the bill
would impose new security requirements on liquified natural gas
facilities; require owners and operators of public and
commercial vessels, including cruise ships, to comply with new
recording requirements; require ports to include in their
security plans provisions that allow crew members, pilots, and
representatives of crew members to leave and reboard ships
without paying escort fees; allow the Secretary of
Transportation to subpoena information in the course of an
investigation related to the ballast water requirements; and
provide certain whistleblower protections for maritime
employees. CBO estimates that the additional costs to comply
with those mandates would be small because compliance likely
would involve only a small adjustment in current procedures, or
because public entities would be unlikely to engage in the
prohibited activities. The cost of some of the mandates,
however, would depend on regulatory action taken under the bill
and cannot be estimated at this time.
Mandates that apply to public entities only
The bill also would preempt state and local laws that would
be inconsistent or conflict with the new federal requirements.
CBO estimates that the additional costs to comply with that
mandate would be small because compliance likely would involve
only a small adjustment in current procedures.
Mandates that apply to private entities only
Safety Requirements for Fishing Industry Vessels. H.R. 2830
would impose new safety requirements on owners and operators of
commercial fishing vessels. The bill also would require the
individuals in charge of commercial fishing vessels operating
beyond three nautical miles of the U.S. coast to keep a record
of equipment maintenance and to pass a safety training program
and a refresher training once every five years. The cost of
recordkeeping would be minimal. The new safety training
program, however, would have to include training in collision
prevention, personal survival, and emergency medical care.
According to industry sources, the cost of similar training
programs currently available is between $100 and $500 per
person. Such sources also indicate that thousands of U.S.
commercial fishing captains nationwide and others would have to
comply with the training requirement. The bill also would
establish a grant program to provide training on commercial
fishing safety.
The bill would establish safety equipment standards for
certain commercial fishing industry vessels operating beyond
three nautical miles of the coast. In addition, beginning in
2008, the bill would require that such vessels that are less
than 50 feet in length be constructed in a manner that provides
a level of safety equivalent to the minimum safety standards
established by the Coast Guard that apply to recreational
vessels. The cost to comply with those mandates would depend on
the standards to be set by the Coast Guard.
Other impacts
Other provisions of the bill would benefit state and local
governments. In particular, the bill would likely increase
sales tax receipts in Idaho and Alaska by clarifying that
certain providers of recreation vessels are subject to sales
taxes on rentals. The bill also would benefit state and local
governments and public universities by conveying certain
boathouses, ships, aircraft, and land rights to those
governments and entities, and by authorizing certain grant
programs.
Previous CBO estimates: On August 29, 2007, CBO transmitted
a cost estimate for H.R. 2830 as ordered reported by the House
Committee on Transportation and Infrastructure on June 28,
2007. The two versions of the legislation are very similar. The
estimated costs of the bill as approved by the Committee on
Homeland Security are higher because it would authorize $229
million more (in 2008) for USCG acquisitions.
On July 17, 2007, CBO transmitted a cost estimate for H.R.
2722, the Integrated Deepwater Program Reform Act, as ordered
reported by the House Committee on Transportation and
Infrastructure on June 28, 2007. On May 10, 2007, we
transmitted a cost estimate for S. 924, the Integrated
Deepwater Program Reform Act, as ordered reported by the Senate
Committee on Commerce, Science, and Transportation on April 25,
2007. S. 924, H.R. 2722, and title VIII of H.R. 2830 address
similar issues and would have similar budgetary effects if
enacted. CBO estimates that H.R. 2830, like H.R. 2722, would
have lower up-front costs than S. 924 because it would not
require the Coast Guard to contract with a third party to
perform a major analysis of IDP.
Both versions of H.R. 2830 contain the same
intergovernmental mandates and essentially the same private-
sector mandates. The version ordered reported by the Homeland
Security Committee contains some additional private-sector
mandates (on commercial vessels and certain facilities), but
CBO estimates that the costs of the additional requirements to
the private sector would be minimal.
Estimate prepared by: Federal Spending: Deborah Reis;
Federal Revenues: Barbara Edwards; Impact on State, Local, and
Tribal Governments: Elizabeth Cove; Impact on the Private
Sector: Jacob Kuipers.
Estimate approved by: Peter H. Fontaine, Assistant Director
for Budget Analysis; G. Thomas Woodward, Assistant Director for
Tax Analysis.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, H.R. 2830 contains the following
general performance goals, and objectives, including outcome
related goals and objectives authorized.
To authorize funding for personnel, administration, and
activities of the United States Coast Guard and make changes to
maritime security law, maritime transportation law, and the
Coast Guard Deepwater Program.
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
In compliance with rule XXI of the Rules of the House of
Representatives, this bill, as reported, contains the following
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of the rule
XXI.
------------------------------------------------------------------------
Section Earmark Member
------------------------------------------------------------------------
101........................... New London, Mr. Courtney.
Connecticut pier--
$6.7 million.
401........................... Gallant Lady.......... Ms. Corrine
Brown of
Florida.
402........................... Ocean Veritas......... Mr. Don Young.
404........................... Brant Point........... Mr. Delahunt.
407........................... Storis................ Mr. Don Young.
409........................... Town of Jupiter Mr. Mahoney of
Island, Florida. Florida.
410........................... HU-25 Falcon Jets..... Mr. Cummings.
411........................... Conveyance Coahoma Mr. Thompson of
County, Mississippi. Mississippi.
412........................... Conveyance Warren Mr. Thompson of
County, Mississippi. Mississippi.
413........................... Conveyance Washington Mr. Thompson of
County, Mississippi. Mississippi.
417........................... Maryland Independence. Mr.
Ruppersberger.
419........................... Assets for U.S. Virgin Mrs. Christensen
Islands. of the Virgin
Islands.
------------------------------------------------------------------------
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional authority for this legislation is provided in
Article I, section 8, clause 1, which grants Congress the power
to provide for the common Defense of the United States.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title
Section 1 states that the legislation may be referred to as
the ``Coast Guard Authorization Act of 2007''.
Title I--Authorization
Title I authorizes funding levels and end-of-year military
strength levels and military training student loads for fiscal
year 2008.
Section 101. Authorization of appropriations
Section 101 authorizes $7,374,061,000 in discretionary
spending, a modest 5.3 percent above the President's budget
request of $7,000,121,000. As reported by the Committee on
Transportation and Infrastructure, this section would authorize
$7,145,055,000 in discretionary spending, an increase of 2.1
percent above the President's budget request. The Committee of
Homeland Security (Committee) notes that the difference is an
increase of $229,006,000 for the Integrated Deepwater System
Program, which the Committee funded at the Fiscal Year 2007
appropriated level. The Committee also added the requisite
oversight for such an improvement by attaching the text of H.R.
2722, the ``Integrated Deepwater Program Reform Act,'' as a new
Title VIII.
This section also modifies the funding floors for search
and rescue and marine safety missions. The Committee agrees
that the Coast Guard must maintain its multi-mission nature and
effectively balance its homeland and non-homeland security
missions. However, the Committee is concerned that establishing
a funding floor for any mission, homeland and non-homeland
included, would remove a measure of flexibility that the Coast
Guard needs to carry out its duties. The Coast Guard must have
the flexibility to surge resources, as necessary to meet any
mission, whether it be shutting down all port activity in
response to a terror attack, or rescuing people following a
massive natural disaster.
Section 102. Authorized levels of military strength and training
Section 102 authorizes a Coast Guard end-of-year strength
of 45,500 active duty military personnel for fiscal year 2008.
This level maintains the personnel level that was authorized at
the end of fiscal year 2006. The section also authorizes
average military training student loads for fiscal year 2008 at
the same level as was authorized in fiscal year 2006.
Section 103. Transfer of bridge administration program and functions
Section 103 authorizes the transfer of the bridge
administration from the Department of Homeland Security (Coast
Guard) to the Department of Transportation. Prior to 1967,
these operations were performed by the Army Corps of Engineers
and were transferred to the Department of Transportation when
it was created to provide better coordination between the
marine industry that uses the waterways and the railroads and
highway departments who generally own the bridges.
Title II--Coast Guard
Title II amends Title 14, the title of the United States
Code that authorizes activities and functions of the Coast
Guard.
Section 201. Appointment of civilian Coast Guard judges
Section 201 amends chapter 7 of title 14, United States
Code, to authorize the Coast Guard to appoint civilian judges
to the Coast Guard Appellate Court, which hears appeals from
courts-martial, as vacancies occur. Civilian judges were
previously permitted to be appointed to this court by the
Secretary of Transportation, and this provision provides the
Secretary of Homeland Security with the same statutory
authority.
Section 202. Industrial activities
Section 202 authorizes Coast Guard industrial activities
facilities, such as the Coast Guard Yard in Baltimore,
Maryland, and the Aircraft Repair and Supply Center in
Elizabeth City, North Carolina, to enter into reimbursable
agreements to perform work for agencies in the Department of
Defense.
Section 203. Reimbursement for certain medical-related travel expenses
Section 203 authorizes reimbursement of travel-related
expenses to Coast Guard personnel who are stationed on an
island in the 48 contiguous States when a family member is
referred to a specialty care provider off-island that is less
than 100 miles from the primary care provider. Currently, there
is only authorization for the reimbursement when the specialty
care provider is more than 100 miles. Their families do not
have the option of driving off-island and, as a result, often
have to pay expensive flight costs. Personnel stationed outside
the continental United States already have authority for this
reimbursement.
Section 204. Commissioned officers
Section 204 will make permanent the temporary increase in
the Coast Guard's allowable number of officers from 6,200 to
6,700 that was authorized for 2004-2006. This increase was
previously granted as a result of the Service's increased
homeland security role following September 11.
Section 205. Coast Guard participation in the Armed Forces Retirement
Home system
Section 205 authorizes Coast Guard veterans to have the
same access to the Armed Forces Retirement Home system as
retirees from the other military services.
Section 206. Grants to international maritime organizations
Section 206 amends Section 149 of title 14, United States
Code, to authorize the Coast Guard to provide funds to
international maritime authorities and organizations that
collect and maintain international databases. In exchange, the
Coast Guard would have access to information on foreign vessels
and ports regarding their global safety and security compliance
history. This additional information would allow the Coast
Guard to make more accurate threat assessments.
Section 207. Emergency leave retention authority
Section 207 provides that any Coast Guard personnel who
work in support of a declaration of a major disaster or
emergency by the President shall retain up to a total of 90
days of accrued leave. Currently, personnel can only retain up
to 60 days of accrued leave if not used by the end of the
fiscal year.
Section 208. Enforcement authority
Section 208 makes a technical correction to transfer
language from title 46, United States Code, to title 14, United
States Code, regarding the Coast Guard's law enforcement
authorities at onshore facilities. The provision also removes a
limitation that had only permitted Coast Guard personnel to
make arrests if a crime actually occurs in their presence.
Section 209. Repeal
Section 209 repeals section 216 of title 14, United States
Code, which pertains to the ranking of warrant officers. This
provision is obsolete.
Section 210. Admirals and Vice Admirals
Section 210 implements the Administration's proposed
reorganization of the Coast Guard by eliminating the two Area
Commands that are established by law and the Coast Guard Chief
of Staff. These three Vice Admirals are replaced by a Deputy
Commandant for Mission Support; a Deputy Commandant for
National Operations and Policy; a Commander, Force Readiness
Command; and a Commander, Operations Command. This section also
promotes the Vice Commandant to a full Admiral.
Section 211. Merchant Marine Medical Advisory Committee
Section 211 authorizes the Secretary to appoint a Merchant
Marine Medical Advisory Committee to advise the Secretary
regarding medical issues relating to the medical certification
of merchant mariners, including physical qualifications for
operators of commercial vessels. Ten members of the 12 member
committee shall be medical professionals with expertise
regarding the medical examination of merchant mariners or
occupational medicine, and two shall be professional mariners
with experience in mariner occupational requirements.
Section 212. Reserve commissioned warrant officer to lieutenant program
Section 212 authorizes the President to promote a
commissioned Coast Guard warrant officer in regular and reserve
service to the grade of lieutenant on a temporary basis in
accordance with the needs of the service.
Section 213. Enhanced status quo officer promotion system
Section 213 provides the Coast Guard the authority to
retain and promote officers that have specialized skills in
order to meet the needs of the Coast Guard. The current Coast
Guard promotion system provides the Coast Guard with
generalists and does not readily allow for officer specialties.
The 2002-2003 Officer Corps Management System studies found
that there is an increasing need in the officer corps for
specialists. The Committee recommends that the Coast Guard use
this authority to significantly increase the number of
specialists in the Coast Guard.
Section 214. Laser training system
Section 214 requires the Coast Guard to test an integrated
laser system for training Coast Guard personnel on the use of
automatic weapons and M-16 rifles on small Coast Guard vessels
on the Great Lakes. The Secretary is also required to submit a
report to Congress on the costs and benefits of using a laser
training system for Coast Guard personnel on the Great Lakes
and nationally.
Section 215. Coast Guard vessels and aircraft
Section 215 expands section 637 of title 14, United States
Code, to provide that personnel in command of a Coast Guard
operation that use disabling fire to stop a vessel or aircraft
are also to be indemnified if the vessel is under the tactical
control of the Coast Guard and Coast Guard personnel are on the
vessel or aircraft conducting the Coast Guard mission.
Section 216. Coast Guard District Ombudsmen
Section 216 encourages the Coast Guard to develop a
District Ombudsman program to help improve communications
between and among port stakeholders and the Coast Guard, to
assist in the timely resolution of disputes between the Coast
Guard and those that are regulated by or assisted by the Coast
Guard. This section directs the Ombudsman to endeavor to work
closely with the Coast Guard, while providing stakeholders with
a forum for submitting their grievances. This section allows
the Commandant to set nation-wide guidelines so that there is
parity between Districts as to the authorities, processes, and
procedures of the various District Ombudsmen. This provision
prohibits the Ombudsman from conducting any investigation that
parallels an on-going administrative, civil, or criminal legal
proceeding. It also prohibits the District Ombudsman from
partaking in a complaint if the resolution of that complaint
would provide a direct or indirect benefit to the Ombudsman.
Title III--Shipping and Navigation
Title III amends statutes relating to shipping and
navigation in U.S. waters.
Section 301. Vessel size limits
Section 301 allows fishing vessels in the rationalized
Bering Sea/Aleutian Islands pollock fishery to be documented
with a fishery endorsement if the vessel is a rebuilt or a
replacement vessel of a vessel that is authorized to hold a
Federal fishery permit under the American Fisheries Act,
notwithstanding current limits on length, tonnage, and
horsepower. This section does not alter the fishery quotas
established through the Federal fisheries management process.
Section 302. Goods and services
Section 302 clarifies that non-Federal sales taxes on goods
and services may be levied upon or collected from vessels when
the vessel is operating on any navigable water subject to the
authority of the United States.
Section 303. Seaward extension of anchorage grounds jurisdiction
Section 303 extends the Coast Guard's authority to
establish anchorage grounds for vessels from three nautical
miles to 12 nautical miles and also increases the civil penalty
fines imposed for a violation of rules concerning the anchorage
grounds from $100 to up to $10,000, with each day of a
continuing violation constituting a separate violation. The
amount of the penalty was last adjusted in 1915.
Section 304. Maritime Drug Law Enforcement Act Amendment--simple
possession
Section 304 establishes a civil penalty offense for simple
possession of a controlled substance on a vessel subject to the
jurisdiction of the United States or at a facility defined
under section 70101 of title 46, United States Code. The civil
penalty shall be up to $10,000 for each violation.
Section 305. Technical amendments to tonnage measurement law
Section 305 makes technical amendments to laws regarding
the tonnage measurement of vessels.
Section 306. Seamen's shoreside access
Section 306 authorizes seaman, pilots, ministers, and labor
organizations who board and depart a vessel in compliance with
the provisions of the facility security plan to do so at no
cost. The Committee is concerned about a growing problem where
such individuals are being charged hundreds of dollars for an
escort through a facility when boarding or departing vessels.
Section 307. Fishing vessel safety
Section 307 establishes safety equipment standards for all
commercial fishing, fish tender, and fish processing fishing
vessels operating beyond three nautical miles of the coast, and
clarifies the equipment requirements for these vessels. In
addition, Section 307 establishes design and construction
standards for all new vessels. New fishing and fish tender
vessels, and fishing or fish tender vessels that undergo a
``major conversion'' as defined in 46 U.S.C. 2101(14a),
operating beyond three nautical miles of the coast and over 50
feet in length, will need to be ``classed'' by the American
Bureau of Shipping or an equivalent classification society.
``Classification'' provides evidence that a vessel is
mechanically and structurally fit for the intended service. New
fishing and fish tender vessels, operating beyond three
nautical miles of the coast, less than 50 feet in length, are
required under this section to meet standards required of
recreational vessels under section 4302 of title 46, United
States Code, that provide an equivalent level of safety. New
fishing vessels over 79 feet in length would be required to
have a ``load line.'' Section 307 also authorizes the Secretary
to examine vessels that operate beyond three nautical miles of
the coast to ensure compliance with safety regulations.
Existing fishing vessels more than 25 years of age are not
required to meet any classification requirement until January
1, 2018. After that date, 25 year old fishing vessels will be
required to meet an alternate compliance program established by
the Secretary of Homeland Security. The Secretary is required
to prescribe the alternate compliance program standards by
January 1, 2015.
The section also authorizes and requires a training program
for the operators of fishing vessels that operate beyond three
miles of the coast. The program is to be based on professional
knowledge, hands-on training, and will give credit for recent
past experience. Those who successfully complete the program
will receive a certificate, and will need to complete refresher
training at least once every five years to keep the certificate
current. Individuals who hold a mariner license and can
demonstrate equivalent training, while encouraged to obtain the
training described, should not be required to do so.
The requirements developed by the Coast Guard for the
approval of the structured, shore side training course must
include specific elements listed in this section, and a
suitable rigorous test covering each of these enumerated
elements should be administered. The student must pass an
examination for each of the items addressed as well as a final
test and skill demonstration at the course end covering the
elements of each of the areas specified. Upon successful
completion of the Coast Guard approved training program, the
training provider will issue a certificate of completion in the
format prescribed in the Coast Guard course approval
regulations or associated guidance documents. The training
program developed by the Coast Guard should include an
oversight and audit program to assure that the courses
delivered by the approved training providers meet the stated
approval requirements.
While Section 307 does not address fishermen's physical
condition nor drug and alcohol testing, it is critical to a
safe working environment, and the Committee believes that
responsible vessel operators should make it part of their
normal business practice. The protocols for such a program are
well established and successful in the other commercial
maritime shipping communities. Similarly, workplace injury and
operational accidents from slips, falls and man overboard
accidents need to be addressed in an operator's safety program.
Section 307 also establishes two grants programs. This
section authorizes the Secretary to establish Fishing Vessel
Safety Grants, to fund training of operators and crew of
commercial fishing vessels. It is the intent of the Committee
that these grants be available to programs and individuals who
provide training for both operators and crewmembers of
commercial fishing vessels. The grants are to be awarded on a
competitive basis to organizations or individuals that are
approved by the Secretary and that provide hands-on, skills-
based training. This section further authorizes the Secretary
to establish Fishing Safety Research Grants, to provide funding
for research on methods to improve the safety of commercial
fishing, specifically including investigation of enhanced
vessel monitoring systems. Additional funding for this program
is added to the Coast Guard's R&D authorization in Section
101(3) of this Act.
Section 308. Mariner records
Section 308 authorizes the Secretary to require vessel
owners or managing operators of commercial vessels to maintain
employment records of seamen for a period of not less than five
years after the completion of employment, and to make the
records available to the individual or the Coast Guard on
request.
Section 309. Deletion of exemption of license requirement for operators
of certain towing vessels
Section 309 deletes an exemption for licensing of operators
of vessels engaged in the offshore mineral and oil industry
where the vessel has offshore mineral and oil industry sites or
equipment as its ultimate destination or place of departure.
The exemption created by Section 8905(b) of title 46, United
States Code, exempting operators of certain vessels from U.S.
Coast Guard licensing requirements, is no longer a viable
exception to the rule and creates a potential serious threat to
navigational safety.
Section 310. Adjustment of liability limits for natural gas deepwater
ports
Section 310 authorizes the Secretary to establish a minimum
limit of liability for liquefied natural gas (``LNG'')
deepwater ports of $12 million.
Section 311. Period limitations for claims against Oil Spill Liability
Trust Fund
Section 311 reduces the period that claims can be filed
against the Oil Spill Liability Trust Fund from six years to
three years.
Section 312. Log books
Section 312 requires log books on all manned inspected
vessels, not just those on foreign or coastwise voyages, and
adds new circumstances when information must be added to the
log book.
Section 313. Unsafe operation
Section 313 adds a new section to 46 U.S.C. Chapter 21
applying ``termination for unsafe operation'' to all vessels
subject to the title. Currently, there are similar provisions
for ``recreational vessels'' and ``uninspected commercial
fishing industry vessels.'' This new provision would permit
those authorized to enforce the title to remove and terminate a
voyage when the vessel is not in compliance with an issued
certificate or is being operated in an unsafe condition that
creates an especially hazardous condition.
Section 314. Approval of survival craft
Section 314 prohibits the Secretary from approving as a
``survival craft'' a device that does not support the
individuals it is certified to carry when those individuals are
out of the water. For instance, a six-person device must be
able to support six persons out of the water, while a 25-person
device must be able to support 25 persons out of the water.
This section does not stipulate the vessels that must carry
survival craft. The section also does not require that all
survival craft be inflatable, since designs may be developed in
the future for rigid survival craft that are capable of
supporting individuals out of the water.
The importance of providing survival craft that will
support individuals out of the water is particularly important
for infants, the elderly, and the disabled. The FAA currently
requires that aircraft operating over-water be equipped with
life rafts that provide out-of-the-water protection.
This section allows the use of existing approved survival
craft that do not provide out-of-the-water protection for up to
five years provided the equipment is in good and serviceable
condition.
Section 315. Safety management
Section 315 authorizes the Secretary to require ``Safety
Management Systems'' on passenger vessels and small passenger
vessels based on the number of passengers that could be killed
or injured in a marine casualty. A ``Safety Management System''
requires vessel owners to document operational policy, chain of
authority, and operational and emergency procedures that
specify responsibilities of the owner or operator, managers,
and masters; and outlining procedures for management review,
internal audits, and correction of problems. This section does
not require the Coast Guard to apply the International Safety
Management System to these vessels. Instead, the Coast Guard is
required to consider the characteristics, methods of operation,
and nature of the service of these vessels when prescribing the
safety management regulations.
Section 316. Protection against discrimination
Section 316 allows maritime workers who lose their jobs or
are discriminated against because they report safety violations
to the Coast Guard to use the same Department of Labor
complaint process that is currently available to commercial
drivers, railroad workers, and aviation workers. The section
also clarifies the whistleblower protections provided in the
Coast Guard Authorization Act of 2002. This section expands
these protections to cover a broader scope of work related
issues, such as cooperating with a safety investigation of the
National Transportation Safety Board.
Section 317. Dry bulk cargo residue
Section 317 extends from 2008 to 2009 the time the Coast
Guard has to promulgate regulations for the disposal of dry
bulk cargo residue in the Great Lakes.
Section 318. Clarification of delegation of authority to classification
societies
Section 318 clarifies and extends the existing authority to
delegate inspection to a recognized classification society to
off-shore structures or ``floating installations''. Currently
the Secretary may delegate inspection of vessels, but not
structures, to a classification society.
Section 319. Registry endorsement for LNG vessels
Section 319 requires that a vessel or facility engaged in
regasification of liquefied natural gas (LNG) on the navigable
waters of the United States to have a registry endorsement
unless it is transporting LNG from a foreign port.
The Coast Guard is directed to provide the Committee an
update on their current efforts to regulate the safety and
security standards for offshore regasification facilities.
Section 320. Oaths
Section 320 repeals Sections 7105 and 7305 of title 46,
United States Code, which require the applicant to appear in
person to take an oath.
Section 321. Duration of credentials
Section 321 permits the holder of a merchant mariner
document or license to renew the document in advance of the
expiration of an existing document, but delays the effective
date until the previous document expires.
Section 322. Fingerprinting
Section 322 eliminates duplicate fingerprinting for
merchant mariners who have already been fingerprinted in
connection with obtaining a Transportation Worker
Identification Card.
Section. 323. Authorization to extend the duration of licenses,
certificates of registry, and Merchant Mariner's Documents
Section 323 permits the Secretary to extend for up to one
year a License or Certificate of Registry or a Merchant
Mariner's Document, if the Secretary determines that such
extension would eliminate a backlog in processing applications.
Section 324. Merchant mariner documentation
Section 324 requires the Secretary of Homeland Security to
develop an interim clearance procedure that will allow the
issuance of a merchant mariner document to a new-hire or an
off-shore supply or towing vessel provided the Secretary makes
a preliminary determination that the individual does not pose a
safety and security risk.
Section 325. Merchant mariner assistance report
Section 325 requires the Coast Guard to report to the
appropriate committees of the House and Senate--not later than
180 days after enactment of this Act--on plans to (1) expand
the streamlined evaluation that was implemented at Houston
Regional Exam Center; (2) simplify the application process of
seamen and merchant mariner documents; (3) provide notice to an
applicant of the status of a pending application; and (4)
ensure that information collected from applicants is retained
in a secure electronic format.
Section 326. Merchant mariner shortage report
Section 326 requires the Secretary of Transportation,
through the Administrator of the Maritime Administration, to
report to the appropriate committees of the House and Senate--
not later than 180 days after enactment of this Act--on methods
to address current and future shortages of merchant mariners,
particularly entry-level mariners, and evaluate whether a loan
program for on-the-job training would alleviate the shortage.
Section 327. Merchant mariner document standards
Section 327 requires the Secretary of Homeland Security to
report--not later than 270 days after enactment--to the
Committee on Transportation and Infrastructure and the
Committee on Homeland Security of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate regarding a plan for processing Transportation
Worker Identification Cards by mail; the feasibility of
redesigning merchant mariner documents to comply with section
70105 of title 46 United States Code, including a biometric
identifier, and all relevant international conventions,
including International Labor Organization Convention 185
concerning seafarer identity; and whether such a consolidated
document would eliminate the need for separate credentials,
background screening, and application processes that are
associated with multiple documents.
Section 328. Waterside security around liquefied natural gas terminals
and liquefied natural gas tankers
Section 328 makes the Commandant of the Coast Guard
responsible for providing appropriate, risk-based security
services around Liquefied Natural Gas (LNG) terminals and
around tankers transporting LNG in security zones established
by the Coast Guard.
The Committee on Homeland Security insists that the Coast
Guard base its risk assessments on the threat of terrorist
attack, vulnerability to terrorist attack, and consequence to
the port, region, and Nation of a terrorist attack. It has come
to the Committee's attention that the Coast Guard has modified
its risk assessments at times due to limited resources. The
Committee believes that this is unacceptable. The Coast Guard
must use its considerable judgment in identifying risks
associated with LNG transits and base its force protection
model on those risks. The Committee requests that the Coast
Guard inform the Committee, as well as the Committee on
Transportation and Infrastructure of the House of
Representatives if its current resources are unable to meet the
security requirements of current and planned LNG facilities.
Subsections (b) and (c) expressly authorize the use of
State and local resources for the purpose of enforcing Federal
security zones, provided those State and local agencies engage
in cooperative agreements or Memoranda of Agreement prior to
their participating in waterborne patrols. Subsection (c)
clarifies that Federal, State, and local law enforcement
entities providing security services for LNG vessels or
facilities are entitled to seek reimbursement for services
rendered. The Committee believes that facilities should, to the
greatest extent practicable, reimburse Federal, State, and
local law enforcement for such services.
Subsection (d) prohibits the Secretary of Homeland Security
from approving a facility security plan for an LNG terminal
under section 70103 of title 46, United States Code, unless the
Secretary certifies that the Coast Guard sector in which the
LNG terminal is located has the necessary resources to meet its
risk-based security requirements, as outlined in the
appropriate Waterway Suitability Assessment. This provision
also clarifies that such certification requirement shall not
prevent available Coast Guard units from securing cargo in a
port or waterway that poses an even higher risk to security.
Title IV--Miscellaneous Provisions
Section 401. Certificate of documentation for GALLANT LADY
Section 401 authorizes the Secretary of the department in
which the Coast Guard is operating to issue a certificate of
documentation with a limited coastwise endorsement for the
limited purpose of allowing a vessel, the GALLANT LADY, to host
charity events in which the vessel's owner receives no
compensation.
Section 402. Waiver
Section 402 authorizes the Secretary of the department in
which the Coast Guard is operating to issue a certificate of
documentation with a coastwise endorsement for the vessel OCEAN
VERITAS because it had been transferred to a foreign registry.
Section 403. Great Lakes Maritime Research Institute
Section 403 requires the National Maritime Enhancement
Institute for the Great Lakes region to conduct maritime
transportation studies. It also authorizes appropriations
through 2010 to carry out the studies.
Section 404. Conveyance
Section 404 authorizes the Secretary to convey the Coast
Guard Boathouse at Station Brant Point, Nantucket,
Massachusetts, to the Town of Nantucket, and permits the town
to lease the land on which the Boathouse resides for a period
of up to 25 years.
Section 405. Crew wages on passenger vessels
Section 405 places a cap on the liability for cruise ships
for violation of the double wage penalty law. Current law
provides that if a shipowner does not pay a seaman what the
seaman is owed under his employment contract without sufficient
cause, the shipowner must pay the seaman two days wages for
each day he does not pay the seaman the contractual amount.
This amendment places a cap on class action cases brought for
non-payment of the contractual wages. The cap provided is ten
times the unpaid wages that are subject to the claim. A three-
year statute of limitations is also established for the filing
of class action law suits filed under the Act.
This section also authorizes seaman's wages to be paid
electronically into a financial institution designated by the
seaman, if the deposits in the financial institution are fully
guaranteed under commonly accepted international standards by
the government of the country in which the financial
institution is licensed.
Section 406. Technical corrections
Section 406 makes technical corrections to the Coast Guard
and Maritime Transportation Act of 2006 (P.L. 109-241).
Section 407. Conveyance of decommissioned Coast Guard Cutter STORIS
Section 407 conveys the decommissioned Coast Guard Cutter
STORIS to the Storis Museum and Maritime Education Center in
Alaska. This cutter operated in Alaska for decades and this
provision allows it to remain in Alaska and be used as museum
and historical display, using the same procedures adopted in
past conveyances.
Section 408. Repeal of requirements of licenses for employment in the
business of salvaging on the coast of Florida
Section 408 repeals an obsolete provision of law dating
from approximately 1848 that requires companies engaged in
salvage operations in the State of Florida to be approved by
the District Court. No salvage company has been approved since
approximately 1921 because no one realized the provision
existed until the recent codification of title 46 of the United
States Code.
Section 409. Right-of-first-refusal for Coast Guard property on Jupiter
Island, Florida
Section 409 grants the Town of Jupiter Island, Florida a
right-of-first-refusal for an exchange of property with the
Coast Guard. Property transferred shall be used solely for
conservation of habitat and protection against damage from
wind, tidal, and wave energy.
Section 410. Conveyance of Coast Guard HU-25 Falcon Jet aircraft
Section 410 conveys an excess HU-25 Falcon Jet aircraft
currently used by the Coast Guard to the Elizabeth City State
University in North Carolina for educational purposes, using
the same procedures adopted in past conveyances.
Section 411. Conveyance of a Coast Guard vessel
Section 411 authorizes the Commandant to convey an excess
vessel to the Sheriff's Department of Coahama County,
Mississippi for homeland security purposes.
Section 412. Conveyance of a Coast Guard vessel
Section 411 authorizes the Commandant to convey an excess
vessel to the Sheriff's Department of Warren County,
Mississippi for homeland security purposes.
Section 413. Conveyance of a Coast Guard vessel
Section 411 authorizes the Commandant to convey an excess
vessel to the Sheriff's Department of Washington County,
Mississippi for homeland security purposes.
Section 414. Decommissioned Coast Guard vessels for Haiti
Section 411 allows the government of Haiti a right-of-
first-refusal for up to 10 Coast Guard 41-foot patrol boats
when they are decommissioned, provided they are used by the
Coast Guard of Haiti and available to the United States in time
of war or national emergency.
Section 415. Extension of period for operation of vessel for setting,
relocation, or recovery of anchors or other mooring equipment
Current law requires vessels that are engaged in the
setting, relocation, or recovery of anchors or other mooring
equipment to have a registry endorsement under chapter 121 of
title 46, United States Code. This section extends the
grandfather for operators from this requirement from two years
to three years.
Section 416. Vessel traffic risk assessments
Section 413 requires the Commandant of the Coast Guard to
prepare vessel traffic risk assessments for Cook Inlet, Alaska,
and the Aleutian Islands, Alaska. The Committee is concerned
that the increased traffic in these two areas may require
additional safety measures to protect against marine
casualties. This assessment will help provide information
regarding the risk of marine casualties in these areas.
Section 417. Vessel MARYLAND INDEPENDENCE
Section 414 provides a waiver from the U.S. build
requirement of the coastwise trade laws for the vessel MARYLAND
INDEPENDENCE. However that coastwise waiver is terminated if
the vessel, or controlling interest in the person that owns the
vessel, is sold or if any repairs or alterations are made to
the vessel outside of the United States.
Section 418. Study of relocation of Coast Guard Sector Buffalo
facilities
Section 415 requires the Commandant of the Coast Guard to
conduct a project proposal report on the feasibility of
consolidating and relocating the Coast Guard facilities at
Coast Guard Sector Buffalo and to prepare preliminary plans for
the design engineering, and construction for the consolidation
of these facilities.
Section 419. Coast Guard assets for the United States Virgin Islands
Section 419 authorizes the Secretary of Homeland Security
to station additional Coast Guard assets in the United States
Virgin Islands for port security and other associated purposes.
The Committee believes that the positioning of additional Coast
Guard resources in the United States Virgin Islands will
enhance the border and port security of the United States.
Title V--Ballast Water Treatment
Section 501. Short title
Section 501 states that the title may be referred to as the
``Ballast Water Treatment Act of 2007''.
Section 502. Declaration of goals and purposes
Section 502 establishes the objective of the Act which is
to eliminate the threat and impact of nonindigenous aquatic
nuisance species in the waters of the U.S. It also states that
it is a national goal that ballast water discharged into the
waters of the U.S. will contain no living organisms by the year
2015.
Section 503. Ballast water management
Section 503 codifies current Coast Guard regulations and
requires all vessels carrying ballast water to conduct ballast
exchange operations more than 200 miles offshore before the
vessels enter the United States.
Section 503 also establishes a requirement that after a
vessel's first drydocking, beginning January 1, 2009, the
vessel must have a ballast water treatment system that meets
performance requirements provided for in the Act. All ships
must have these systems installed by January 1, 2014. The
standards require less than one living organism per 100 cubic
meters of water for organisms 50 or more microns in size; less
than one living organism per 100 milliliters of water for
organisms between 10 and 50 microns in size; and specific
performance requirements for microbes of various types.
Not later than one year after the date of enactment of this
Act, the Coast Guard is to determine whether technology is
available to meet this standard. If available technology can
provide even cleaner ballast water, the Secretary can adjust
the standard to reflect the improved performance of the
technology. If technology is not available to meet the standard
according to the initial review, the Secretary may delay the
effective date of the requirements by up to two years. If the
Secretary determines that technologies are not available after
subsequent reviews, the Secretary may delay the imposition of
standards for additional two-year periods.
After 2012, the Secretary is required to review the
standard every three years and adjust the standards to account
for improvements in ballast water treatment technology if
necessary.
This section allows the Secretary to exempt vessels
operating exclusively in closed aquatic systems (i.e., the
Great Lakes) from having treatment systems because these
vessels do not introduce new species into their environment.
However, at the request of the Animal and Plant Health
Inspection Service (``APHIS''), the Secretary shall require the
installation of ballast water treatment systems designed to
prevent the spread of infectious diseases to plants and animals
as otherwise authorized by law.
This section also requires vessel operators to dispose of
ballast tank sediments in accordance with their ballast water
management plan approved by the Secretary and provides the
Secretary the authority to require vessels that sail with ``no
ballast on board'' in their ballast tanks to rinse those tanks
before they enter the waters of the United States. This will
help get rid of invasive species that may be in the sediment in
the bottom of ballast tanks before the ships enter the United
States.
To provide for standardization of ballast water treatment
systems on vessels that engage in interstate and foreign
commerce of the United States, this section also preempts State
standards regarding ballast water management (including ballast
water exchange and ballast water treatment). The Committee is
concerned that varying State treatment standards could pose a
significant impediment to commerce. However, this section
allows a State to inspect and enforce the standards provided
for in this Act or prescribed by the Secretary if the State has
the resources and scientific expertise to conduct those
inspections and enforcement. However, the Committee does not
intend to prevent the Coast Guard, in addition to the States,
from enforcing the requirements made under this Act.
Section 504. National ballast water management information
Section 504 requires the Secretary to conduct a ballast
water survey of the number of living organisms in untreated
ballast water, a survey of the number of living organisms in
the ballast water of ships that has been exchanged on the high
seas, and a survey of the number of living organisms in the
ballast water of vessels that are participating in a program to
test and evaluate promising ballast water treatment
technologies. The Secretary is required to submit a report to
Congress on the results of these surveys.
Section 505. Ballast water management evaluation and demonstration
program
Section 505 formally codifies the establishment of the
Shipboard Technology Evaluation Program (``STEP'') to evaluate
alternative ballast water management methods on vessels to
prevent the introduction of aquatic nuisance species in the
waters of the United States. This section establishes minimum
criteria for the technology that is eligible to participate in
this program and allows the Secretary to change those criteria
based on the discharge standards that are prescribed under
section 1101(f). This section also requires the Undersecretary
to conduct a program to demonstrate and verify technologies and
practices to monitor and control the introduction of aquatic
invasive species by ship pathways other than the release of
ballast water.
Section 506. Rapid response plan
Section 506 requires the President to establish and publish
a national rapid response plan for killing, removing, or
minimizing the spread of aquatic nuisance species in the waters
of the United States. The plan must include the assignment of
duties between the various Federal, State, and local agencies
involved in the response; the identification, procurement, and
storage of equipment and supplies needed to facilitate those
eradication efforts; a monitoring system to detect early
introduction of invasive species; and the establishment of a
national center to provide coordination and direction for these
operations. This section is modeled after the successful
National Response Plan system that was developed under the Oil
Pollution Act of 1990.
Section 507. Authorization of appropriations
Section 507 authorizes $20 million for each of fiscal years
2008 through 2012 to carry out the Act. This section also
provides an additional $500,000 for each of the fiscal years
2008 through 2013 to carry out section 1102(f) of the bill; $6
million for each of the fiscal years 2008 through 2013 to carry
out section 1104(b) of the bill; and $1.5 million for each of
the fiscal years 2008 through 2013 to carry out section 1104(c)
of the bill.
Title VI--Alien Smuggling
Section. 601. Short title
Section 601 provides that the short title of this title is
the ``Maritime Law Enforcement Improvement Act of 2007''.
Section 602. Maritime law enforcement
Section 602 adds a new chapter 707 to title 46, United
States Code. This new chapter makes it unlawful to transport or
facilitate the transportation of an alien, defined as any
person who is not a citizen or national of the United States,
on board a vessel covered by this title if that person has
reason to believe that the alien is attempting to enter the
United States unlawfully.
This section provides an affirmative defense against this
felony. An individual cannot be charged under this section if
that individual proves that the alien was on board after being
rescued at sea or the entry into the United States was a
necessary response to an imminent threat of death or serious
bodily injury to the alien. However, to use that defense, the
person had to have informed the Coast Guard of the presence of
the alien on the vessel and the circumstances of the rescue as
soon as practicable and the defendant then complied with all
orders given to him by the Coast Guard.
A person violating this section may be imprisoned for
between three and 20 years or fined not more than $100,000, or
both. Any vessel used in the commission of this crime may be
forfeited to the United States Government.
Title VII--Miscellaneous Homeland Security Provisions
Section 701. Maritime Homeland Security Public Awareness Program
Section 701 authorizes the Secretary of Homeland Security
to continue the Coast Guard's ``America's Waterway Watch''
program, a public education and outreach program designed to
encourage the reporting of suspicious activities.
Section 702. Transportation Worker Identification Credential
Section 702 requires the Secretary of Homeland Security to
submit a report to the Committee on Transportation and
Infrastructure and the Committee on Homeland Security of the
House of Representatives and the Committee on Commerce,
Science, and Transportation and the Committee on Homeland
Security and Governmental Affairs of the Senate on the
Department's progress in implementing the Transportation Worker
Identification Card (TWIC) at the top ten priority ports. This
provision requires an additional report to the four Committees
after the TWIC reader pilot is completed. This section
specifies that the Comptroller General of the United States is
responsible for assessing the findings of the reports.
The Committee has significant concerns regarding the
Department's plan to implement the TWIC program. The Committee
anticipates that 750,000 transportation workers will be
required to attain this card and is concerned that many of
these workers will be unable to attain this credential and
maintain their employment due to Departmental bureaucracy and
mistakes.
Section 703. Study to Identify Redundant Background Records Checks
Section 703 requires the Comptroller General of the United
States to conduct a study on background records checks
conducted by States which are similar to the Federal
Transportation Worker Identification Credential (TWIC) records
checks to identify redundancies and inefficiencies. The purpose
of this study is to highlight the redundancy and inefficiency
between the TWIC and State-issued cards.
Section 704. Review of Interagency Operational Centers
Section 704 requires the Inspector General of the
Department of Homeland Security to provide a report to the
Committee on Transportation and Infrastructure and the
Committee on Homeland Security of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate on the Department's implementation of the Joint
Operational Centers required by the SAFE Port Act (Public Law
109-347). The Committee strongly believes that the
establishment and implementation of a network of Joint
Operational Centers will enhance information-sharing between
the Coast Guard and State and local law enforcement through the
establishment of Joint Operational Centers is a major Committee
Homeland Security priority.
Section 705. Maritime Security Response Teams
Section 705 authorizes two Maritime Security Response Teams
(MSRT), the Coast Guard's elite counterterrorism teams trained
to neutralize hostile shipboard forces. The Committee notes
that the Coast Guard established a MSRT in 2006 for the East
Coast, and the Coast Guard insists the MSRT can meet its
mission requirement for nationwide coverage. The Committee
disagrees with the Coast Guard's assessment. The Committee
strongly encourages the Coast Guard to deploy the second MSRT
to the West Coast of the United States.
Section 706. Coast Guard Detection Canine Team Program Expansion
Section 706 directs the Secretary of Homeland Security to
increase the number of detection canine teams and authorizes
the Secretary to procure more highly trained detection canine
teams for use by the Coast Guard. The Committee notes that the
Coast Guard currently has only 18 detection teams to provide
nationwide coverage for 361 ports. A single detection canine
team can be used for explosives or narcotics, but not both.
Thus, the Committee believes that an increase in detection
canine teams will improve the Coast Guard's explosives and
narcotics detection capabilities. The Committee also strongly
believes that decisions with regard to deployment of new
detection teams should be based on risk.
Section 707. Coast Guard Port Assistance Program
Section 707 authorizes the Coast Guard to lend, lease, and
donate surplus Coast Guard equipment and provide technical
training to foreign ports or facilities to bring such ports
into compliance with International Ship and Port Facility Code
Standards and to enhance port security. The Committee believes
that such assistance has the potential of greatly enhancing
port security throughout the world.
Section 708. Homeland Security Impact Review of Liquefied Natural Gas
Facilities
Section 708 requires the Secretary of Homeland Security to
conduct a comprehensive homeland security impact review of
proposed LNG facilities before any license or approval is
provided to a facility. This provision requires the Secretary
to consider, among other things, the potential for multiple,
simultaneous, and extraordinary attacks on facilities, the
potential for suicide attacks, and the potential for attacks by
persons with a sophisticated knowledge of facility operations.
The Committee believes that only after completion of the review
and a finding that the facility does not pose a substantial
risk to life and property can the Secretary coordinate with the
appropriate Federal agencies to approve proposed construction,
expansion, or operation.
Section 709. Maritime Biometric Identification
Section 709 authorizes the Coast Guard to conduct a pilot
program to collect the biometric information of persons
interdicted at sea under suspicion of terrorism, human
smuggling, or drug smuggling and in order to improve maritime
border security. It also directs the Coast Guard to develop the
equipment needs for this pilot program and to evaluate the
costs and feasibility of expanding the program to all
deployable Coast Guard assets. This provision encourages the
Coast Guard to utilize biometric technology to identify repeat
offenders of border and immigration laws, fugitives from
justice, and to coordinate access to Department of Defense and
Department of State databases to identify would-be terrorists
trying to infiltrate the maritime borders of the United States.
Section 710. Review of Potential Threats
Section 710 requires the Secretary of Homeland Security to
submit a report to the Committee on Homeland Security of the
House of Representatives on the threat, vulnerability, and
consequence of a terrorist attack on gasoline and chemical
cargo shipments. The Committee views the completion of this
report as vital for the development of homeland security
policies.
Section 711. Port Security Pilot
Section 711 authorizes an existing pilot program currently
being implemented in Seattle and San Diego to test and deploy
preventive radiological and nuclear detection equipment on
Coast Guard vessels and other appropriate locations. It also
directs the pilot to leverage existing Federal grant funds to
support the program.
Section 712. Advance Notice of Port Arrival of Significant or Fatal
Incidents Involving U.S. Persons
Section 712 requires the Secretary of Homeland Security to
ensure that cruise ships calling upon the United States inform
U.S. authorities during the Advance Notice of Arrival process
of any incident that results in death, serious bodily injury,
sexual assault, or a missing person, or any incident that poses
a significant threat to the cruise ship, any cruise ship
passenger, any port facility, or any person in or near the
port. This section also clarifies that nothing should
discourage more immediate notification of U.S. authorities in
cases of any covered security incident involving a U.S. person.
The Committee strongly believes that the Department of Homeland
Security, given its existing relationship with vessel and
cruise ship operators, is well positioned to receive such
reports.
Section 713. Safety and security assistance for foreign ports
Section 713 requires the Secretary of Homeland Security to
establish a strategic plan to utilize assistance programs to
assist ports and facilities that are found by the Secretary not
to maintain effective anti-terrorism measures.
Section 714. Seasonal workers
Section 714 requires the Comptroller General of the United
States to study the effects of the Transportation Worker
Identification Credential (TWIC) on companies that employ
seasonal workers. It also directs the Comptroller General to
examine the costs associated with requiring seasonal workers to
obtain TWIC cards, whether the Department of Homeland Security
is processing such applications in a timely enough manner,
whether compliance costs have led to a reduction in service,
and an assessment of possible alternatives to the TWIC for
seasonal workers, including the potential security
vulnerabilities created by those alternatives.
Section 715. Comparative risk assessment of vessel-based and facility-
based liquefied natural gas regasification processes
Section 715 requires the Coast Guard to commission an
independent study on the dangers associated with requiring all
regasification processes to be conducted onshore in populated
areas versus processes conducted offshore at distances greater
than 3 miles from shore.
Section 716. Savings clause
Section 717 reserves to the Secretary of Homeland Security
and the Commandant of the Coast Guard any authorities
previously provided in the Maritime Transportation Security Act
of 2002 (Public Law 107-295), the Ports and Waterways Safety
Act (33 U.S.C. 1221 et seq.), the SAFE Port Act (109-347), the
Homeland Security Act of 2002 (Public Law 107-296), or the
Implementing Recommendations of the 9/11 Commission Act of 2007
(Public Law 110-53).
Title VIII--Coast Guard Integrated Deepwater Program
Section 801. Short title
Section 801 cites this title as the ``Integrated Deepwater
Program Reform Act.''
Section 802. Implementation of Coast Guard Integrated Deepwater
Acquisition Program
Section 802 prohibits the use of a private firm as a lead
systems integrator for procurements under, or in support of,
the Deepwater Program on the earlier of October 1, 2011, or the
date on which the Secretary certifies in writing to the
Committees that the Coast Guard has available and can retain
sufficient contracting personnel and expertise within the Coast
Guard to perform the functions and responsibilities of the lead
system integrator. The Coast Guard can continue to use a
private sector lead systems integrator to complete any delivery
order or task order issued on or before the date of enactment
of this Act.
This section also requires the Secretary to use full and
open competition for each class of asset acquisitions under the
Deepwater Program, except when the Secretary determines that it
is in the best interests of the Federal Government to use a
different procurement method and he reports to the Committee on
Transportation and Infrastructure and the Committee on Homeland
Security of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate as to why
such procurement is in the best interests of the Federal
Government.
In addition, this section sets forth a number of specific
requirements to be included in any future contracts, delivery
orders, or task orders issued under Deepwater, including
requirements subjecting designs to certain technical reviews
and mandating the development of independent cost estimates.
This section requires the Coast Guard to maintain the authority
to establish, approve, and maintain technical requirements and
requires that any measurement of contractor and subcontractor
performance be based on the status of all work performed;
Specifies that Department of the Navy TEMPEST
standards are to be cited in contracts for the
acquisition of all assets that require TEMPEST
certifications;
Requires that an Early Operational Assessment be
performed for any new asset class after the development
of the primary design and before the conduct of the
critical design review of the cutter;
Requires any contract issued for an Offshore Patrol
Cutter to clearly specify the service life, fatigue
life, days underway under general Atlantic and North
Pacific Sea conditions, maximum range, and maximum
speed the cutter shall be built to achieve; and
Requires that all contracts include provisions
guaranteeing that the OIG has the right to privately
interview all contractor personnel working on Deepwater
and providing the OIG with access to all records
maintained by contractors working on Deepwater.
Finally, section 802 requires the Coast Guard to develop
and update annually a life-cycle cost estimate that includes
asset acquisition and logistics support decisions and to assign
separate contract officers for each class of cutter and
aircraft acquired or rehabilitated under the Deepwater Program.
Section 803. Chief Acquisition Officer
Section 803 amends chapter 3 of title 14, United States
Code, to require the appointment of a civilian, career reserved
employee as Chief Acquisition Officer, reporting directly to
the Commandant of the Coast Guard. The section also specifies a
number of authorities specifically reserved to the Chief
Acquisition Officer and functions to be performed by that
position.
The Committee believes that the appointment of a civilian
with extensive professional experience in acquisitions
management to head the Deepwater acquisitions effort will
Deepwater Program.
Section 804. Testing and certification
This section 804 establishes new standards for the testing
and certification of assets procured under the Deepwater
Program. The section requires all cutters, other than the NSCs,
to be classed by the American Bureau of Shipping (ABS) before
acceptance of delivery. It requires the design and construction
of NSCs 3 through 8 to be certified by an independent third
party, such as the ABS or Navy, to be able to be underway for
at least 185 days per year for 30 years. Similarly, the section
requires that all aircraft be certified by an independent third
party and requires all electronics that require TEMPEST
certification to be certified in accordance with TEMPEST
standards by an independent third party.
Section 805. National security cutters
Section 805 requires the Secretary to submit specific
reports to the Committees on Transportation and Infrastructure
and Homeland Security of the House and the Committee on
Commerce, Science, and Transportation of the Senate.
Specifically, the section requires the Coast Guard to submit to
the Committees a report detailing cost increases experienced
during the acquisition of the NSCs and a report on options
under consideration by the Coast Guard to strengthen the hulls
of NSCs 1 and 2. This section also requires that, not later
than 30 days before the Coast Guard signs any contract,
delivery order, or task order to strengthen the hull of either
NSC 1 or 2, the Coast Guard shall submit to the Committees all
results of an assessment of the proposed hull strengthening
design conducted by the Naval Surface Warfare Center (Carderock
Division), including a description of the extent to which such
measures will enable NSCs 1 and 2 to meet a 185-underway-day
requirement for at least 30 years. Similarly, the section
requires that, not later than 30 days before the Coast Guard
signs any contract, delivery order, or task order authorizing
construction of NSC 3 through 8, the Coast Guard shall submit
to the Committees all results of an assessment of the proposed
designs to resolve the structural design, safety, and
performance issues identified by the OIG, including a
description of the extent to which such designs will enable
NSCs 3 through 8 to meet a 185-underway-day requirement.
Section 806. Miscellaneous reports
Section 806 requires the submission of a number of reports
to the Committees on Transportation and Infrastructure and
Homeland Security of the House and the Committee on Commerce,
Science, and Transportation of the Senate on the Deepwater
Program:
A justification for why eight NSCs is the appropriate
number of NSCs to meet the Coast Guard's operational
needs;
A report on the impact that deployment of the NSCs
without vertical unmanned aerial vehicles will have on
the amount of patrol coverage that will be able to be
provided during missions conducted by NSCs;
A report on the total number and cost of change
orders created under the Deepwater contract and their
impact on the Deepwater Program schedule;
A report comparing the costs of purchasing assets
through ICGS or directly from the manufacturer or
shipyard;
A report on specific cost overruns and schedule
delays encountered under Deepwater;
A report on how the Coast Guard will develop
acquisitions management and financial management
expertise among its personnel; and,
An annual report on the percentage of total funding
expended on Deepwater Program procurements that has
been awarded to small businesses and minority-owned
businesses.
Section 807. Use of the Naval Sea Systems Command, the Naval Air
Systems Command, and the Space and Naval Warfare Systems
Command to assist the Coast Guard in exercising technical
authority for the Deepwater Program and other Coast Guard
acquisition programs
Section 807 authorizes the Secretary to enter into a
memorandum of understanding or a memorandum of agreement with
the Secretary of the Navy to provide for the use of the Navy
Systems Command to assist the Coast Guard with the oversight of
Coast Guard major acquisition programs. Such memorandum shall
provide for the exchange of technical assistance and support,
the use of Navy technical expertise, and the temporary
assignment or exchange of personnel between the Coast Guard and
the Navy Systems Commands to facilitate the development of
organic capabilities in the Coast Guard. The section requires
the Coast Guard Chief Engineer, Chief Information Officer, and
Chief Acquisition Officer to adopt, to the extent practicable,
procedures that are similar to those used by the Navy Senior
Acquisition Official to ensure the Coast Guard Technical
Authorities approve all technical requirements. The section
requires the Coast Guard to report to the Committee on
Transportation and Infrastructure and the Committee on Homeland
Security of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate annually on
the activities undertaken pursuant to such memorandum.
Section 808. Definitions
Section 808 defines the term ``Deepwater Program'' as the
Integrated Deepwater Systems Program described by the Coast
Guard in its March 25, 2005 report to Congress entitled
``Revised Deepwater Implementation Plan 2005.'' The Deepwater
Program primarily involves the procurement of cutter and
aviation assets that operate more than 50 miles offshore.
The section defines the term ``Secretary'' as the Secretary
of the department in which the Coast Guard is operating.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 14, UNITED STATES CODE
* * * * * * *
PART I--REGULAR COAST GUARD
* * * * * * *
CHAPTER 3--COMPOSITION AND ORGANIZATION
Sec.
41. Grades and ratings.
* * * * * * *
[42. Number and distribution of commissioned officers.]
42. Number and distribution of commissioned officers on active duty
promotion list.
* * * * * * *
[47. Vice Commandant; assignment.]
47. Vice Commandant; appointment.
* * * * * * *
[50. Area Commanders.
[50a. Chief of Staff.]
50. Vice admirals.
* * * * * * *
55. District Ombudsmen.
56. Chief Acquisition Officer.
* * * * * * *
[Sec. 42. Number and distribution of commissioned officers
[(a) The total number of commissioned officers, excluding
commissioned warrant officers, on active duty in the Coast
Guard shall not exceed 6,700 in each fiscal year 2004, 2005,
and 2006.
[(b) The commissioned officers on the active duty promotion
list shall be distributed in grade in the following
percentages, respectively: rear admiral 0.375; rear admiral
(lower half) 0.375; captain 6.0; commander 15.0; lieutenant
commander 22.0. The Secretary shall prescribe the percentages
applicable to the grades of lieutenant, lieutenant (junior
grade), and ensign. The Secretary may, as the needs of the
Coast Guard require, reduce the percentage applicable to any
grade above lieutenant commander, and in order to compensate
for such reduction increase correspondingly the percentage
applicable to any lower grade.
[(c) The Secretary shall, at least once each year, make a
computation to determine the number of officers on the active
duty promotion list authorized to be serving in each grade. The
number in each grade shall be computed by applying the
applicable percentage to the total number of such officers
serving on active duty on the date the computation is made. In
making computations under this section the nearest whole number
shall be regarded as the authorized number in any case where
there is a fraction in the final result.
[(d) The numbers resulting from such computations shall be
for all purposes the authorized number in each grade, except
that the authorized number for a grade is temporarily increased
during the period between one computation and the next by the
number of officers originally appointed in that grade during
that period and the number of officers of that grade for whom
vacancies exist in the next higher grade but whose promotion
has been delayed for any reason.
[(e) Officers who are not included on the active duty
promotion list, officers serving as extra numbers in grade
under sections 432 and 433 of this title, and officers serving
with other departments or agencies on a reimbursable basis or
excluded under the provisions of section 324(d) of title 49,
shall not be counted in determining authorized strengths under
subsection (c) and shall not count against those strengths. The
number of officers authorized to be serving on active duty in
each grade of the permanent commissioned teaching staff of the
Coast Guard Academy and of the Reserve serving in connection
with organizing, administering, recruiting, instructing, or
training the reserve components shall be prescribed by the
Secretary.]
Sec. 42. Number and distribution of commissioned officers on active
duty promotion list
(a) Maximum Total Number.--The total number of Coast Guard
commissioned officers on the active duty promotion list,
excluding warrant officers, shall not exceed 6,700; except that
the Commandant may temporarily increase that number by up to 2
percent for no more than 60 days following the date of the
commissioning of a Coast Guard Academy class.
(b) Distribution Percentages by Grade.--
(1) Required.--The total number of commissioned
officers authorized by this section shall be
distributed in grade in the following percentages:
0.375 percent for rear admiral; 0.375 percent for rear
admiral (lower half); 6.0 percent for captain; 15.0
percent for commander; and 22.0 percent for lieutenant
commander.
(2) Discretionary.--The Secretary shall prescribe the
percentages applicable to the grades of lieutenant,
lieutenant (junior grade), and ensign.
(3) Authority of secretary to reduce percentage.--The
Secretary--
(A) may reduce, as the needs of the Coast
Guard require, any of the percentages set forth
in paragraph (1); and
(B) shall apply that total percentage
reduction to any other lower grade or
combination of lower grades.
(c) Computations.--
(1) In general.--The Secretary shall compute, at
least once each year, the total number of commissioned
officers authorized to serve in each grade by applying
the grade distribution percentages established by or
under this section to the total number of commissioned
officers listed on the current active duty promotion
list.
(2) Rounding fractions.--Subject to subsection (a),
in making the computations under paragraph (1), any
fraction shall be rounded to the nearest whole number.
(3) Treatment of officers serving outside coast
guard.--The number of commissioned officers on the
active duty promotion list below the rank of rear
admiral (lower half) serving with other Federal
departments or agencies on a reimbursable basis or
excluded under section 324(d) of title 49 shall not be
counted against the total number of commissioned
officers authorized to serve in each grade.
(d) Use of Numbers; Temporary Increases.--The numbers
resulting from computations under subsection (c) shall be, for
all purposes, the authorized number in each grade; except that
the authorized number for a grade is temporarily increased
during the period between one computation and the next by the
number of officers originally appointed in that grade during
that period and the number of officers of that grade for whom
vacancies exist in the next higher grade but whose promotion
has been delayed for any reason.
(e) Officers Serving Coast Guard Academy and Reserve.--The
number of officers authorized to be serving on active duty in
each grade of the permanent commissioned teaching staff of the
Coast Guard Academy and of the Reserve serving in connection
with organizing, administering, recruiting, instructing, or
training the reserve components shall be prescribed by the
Secretary.
* * * * * * *
Sec. 47. Vice Commandant; [assignment] appointment
The President may appoint, by and with the advice and consent
of the Senate, one Vice Commandant who shall rank next after
the Commandant, shall perform such duties as the Commandant may
prescribe and shall act as Commandant during the absence or
disability of the Commandant or in the event that there is a
vacancy in the office of Commandant. The Vice Commandant shall
be selected from the officers on the active duty promotion list
serving above the grade of captain. The Commandant shall make
recommendation for such appointment. The Vice Commandant shall,
while so serving, have the grade of [vice admiral] admiral with
pay and allowances of that grade. The appointment and grade of
a Vice Commandant shall be effective on the date the officer
assumes that duty, and shall terminate on the date the officer
is detached from that duty, except as provided in [subsection]
section 51(d) of this title.
* * * * * * *
[Sec. 50. Area commanders
[(a) The President may appoint, by and with the advice and
consent of the Senate, a Commander, Atlantic Area, and a
Commander, Pacific Area, each of whom shall be an intermediate
commander between the Commandant and the district commanders in
his respective area and shall perform such duties as the
Commandant may prescribe. The area commanders shall be
appointed from officers on the active duty promotion list
serving above the grade of captain. The Commandant shall make
recommendations for such appointments.
[(b) An area commander shall, while so serving, have the
grade of vice admiral with pay and allowances of that grade.
The appointment and grade of an area commander shall be
effective on the date the officer assumes that duty, and shall
terminate on the date the officer is detached from that duty,
except as provided in subsection 51(d) of this title.
[Sec. 50a. Chief of Staff
[(a) The President may appoint, by and with the advice and
consent of the Senate, a Chief of Staff of the Coast Guard who
shall rank next after the area commanders and who shall perform
duties as prescribed by the Commandant. The Chief of Staff
shall be appointed from the officers on the active duty
promotion list serving above the grade of captain. The
Commandant shall make recommendations for the appointment.
[(b) The Chief of Staff shall have the grade of vice admiral
with the pay and allowances of that grade. The appointment and
grade of the Chief of Staff shall be effective on the date the
officer assumes that duty, and shall terminate on the date the
officer is detached from that duty, except as provided in
section 51(d) of this title.]
Sec. 50. Vice admirals
(a)(1) The President may designate 4 positions of importance
and responsibility that shall be held by officers who--
(A) while so serving, shall have the grade of vice
admiral, with the pay and allowances of that grade; and
(B) shall perform any duties as the Commandant may
prescribe.
(2) The 4 vice admiral positions authorized under paragraph
(1) are, respectively, the following:
(A) The Deputy Commandant for Mission Support.
(B) The Deputy Commandant for National Operations and
Policy.
(C) The Commander, Force Readiness Command.
(D) The Commander, Operations Command.
(3) The President may appoint, by and with the advice and
consent of the Senate, and reappoint, by and with the advice
and consent of the Senate, to each of the positions designated
under paragraph (1) an officer of the Coast Guard who is
serving on active duty above the grade of captain. The
Commandant shall make recommendations for those appointments.
(b)(1) The appointment and the grade of vice admiral under
this section shall be effective on the date the officer assumes
that duty and, except as provided in paragraph (2) of this
subsection or in section 51(d) of this title, shall terminate
on the date the officer is detached from that duty.
(2) An officer who is appointed to a position designated
under subsection (a) shall continue to hold the grade of vice
admiral--
(A) while under orders transferring the officer to
another position designated under subsection (a),
beginning on the date the officer is detached from duty
and terminating on the date before the day the officer
assumes the subsequent duty, but not for more than 60
days;
(B) while hospitalized, beginning on the day of the
hospitalization and ending on the day the officer is
discharged from the hospital, but not for more than 180
days; and
(C) while awaiting retirement, beginning on the date
the officer is detached from duty and ending on the day
before the officer's retirement, but not for more than
60 days.
(c)(1) An appointment of an officer under subsection (a) does
not vacate the permanent grade held by the officer.
(2) An officer serving in a grade above rear admiral who
holds the permanent grade of rear admiral (lower half) shall be
considered for promotion to the permanent grade of rear admiral
as if the officer was serving in the officer's permanent grade.
(d) Whenever a vacancy occurs in a position designated under
subsection (a), the Commandant shall inform the President of
the qualifications needed by an officer serving in that
position to carry out effectively the duties and
responsibilities of that position.
Sec. 51. Retirement
(a) * * *
* * * * * * *
(d) An officer serving in the grade of admiral or vice
admiral shall continue to hold that grade--
(1) * * *
(2) while awaiting retirement, beginning on the day
that officer is relieved from the position of
Commandant, Vice Commandant, [Area Commander, or Chief
of Staff] or Vice Admirals and ending on the day before
the officer's retirement, but not for more than 60
days.
* * * * * * *
Sec. 55. District Ombudsmen
(a) In General.--The Commandant may appoint in each Coast
Guard District a District Ombudsman to serve as a liaison
between representatives of port stakeholders, including the
Area Maritime Security Advisory Committees required by section
70112 of title 46 and the Coast Guard.
(b) Purposes.--The purposes of the District Ombudsman shall
be the following:
(1) To support the operations of the Coast Guard in
each port in the District for which the District
Ombudsman is appointed.
(2) To improve communications between and among port
stakeholders including, but not limited to, port and
terminal operators, ship owners, labor representatives,
and the Coast Guard.
(3) To ensure timely resolution of disputes between
the Coast Guard and all petitioners regarding
requirements imposed or services provided by the Coast
Guard.
(c) Functions.--
(1) Investigations.--The District Ombudsman may
investigate complaints brought to the attention of the
District Ombudsman by a petitioner operating in a port
provided such a complaint is not the subject of an
administrative, civil, or criminal investigation or
other legal proceeding and provided the District
Ombudsman receives no benefit, either direct or
indirect, from the outcome of the complaint.
(2) Guidelines for disputes.--
(A) In general.--The Commandant of the Coast
Guard shall develop guidelines regarding
disputes with respect to which the District
Ombudsman will provide assistance.
(B) Limitation.--The District Ombudsman shall
not provide assistance with respect to a
dispute if such a dispute is the subject of an
administrative, civil, or criminal
investigation or other legal proceeding or if
the District Ombudsman receives a benefit,
either direct or indirect, from the outcome of
the dispute.
(C) Priority.--In providing such assistance,
the District Ombudsman shall give priority to
complaints brought by petitioners who will
suffer a significant hardship as the result of
implementing a Coast Guard requirement or being
denied a Coast Guard service.
(3) Consultation.--The District Ombudsman may consult
with any Coast Guard personnel who can aid in the
investigation of a complaint provided such persons are
reasonably available.
(4) Access to information.--Unless otherwise
prohibited by law or regulation, the District Ombudsman
shall have access to any document, including any record
or report, that will aid the District Ombudsman in
obtaining the information needed to conduct an
investigation of a compliant.
(5) Reports.--At the conclusion of an investigation,
the District Ombudsman shall submit a report on the
findings and recommendations of the District Ombudsman,
to the Commander of the District in which the
petitioner who brought the complaint is located or
operating.
(6) Deadline.--The District Ombudsman shall seek to
resolve each complaint brought in accordance with the
guidelines--
(A) in a timely fashion; and
(B) to the maximum extent practicable, not
later than 4 months after the complaint is
officially accepted by the District Ombudsman.
(d) Appointment.--The Commandant shall appoint as the
District Ombudsman an appropriately cleared civilian who has
experience in port and transportation systems and knowledge of
port operations or of maritime commerce (or both).
(e) Annual Reports.--The Secretary shall report annually to
the Committees on Homeland Security and Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate on the matters brought before the District Ombudsmen,
including--
(1) the number of matters brought before each
District Ombudsman;
(2) a brief summary of each such matter; and
(3) the eventual resolution of each such matter.
Sec. 56. Chief Acquisition Officer
(a) Establishment of Agency Chief Acquisition Officer.--The
Commandant shall appoint or designate a career reserved
employee as Chief Acquisition Officer for the Coast Guard, who
shall--
(1) have acquisition management as that official's
primary duty; and
(2) report directly to the Commandant to advise and
assist the Commandant to ensure that the mission of the
Coast Guard is achieved through the management of the
Coast Guard's acquisition activities.
(b) Authority and Functions of the Chief Acquisition
Officer.--The functions of the Chief Acquisition Officer shall
include--
(1) monitoring the performance of acquisition
activities and acquisition programs of the Coast Guard,
evaluating the performance of those programs on the
basis of applicable performance measurements, and
advising the Commandant regarding the appropriate
business strategy to achieve the mission of the Coast
Guard;
(2) increasing the use of full and open competition
in the acquisition of property and services by the
Coast Guard by establishing policies, procedures, and
practices that ensure that the Coast Guard receives a
sufficient number of sealed bids or competitive
proposals from responsible sources to fulfill the
Government's requirements (including performance and
delivery schedules) at the lowest cost or best value
considering the nature of the property or service
procured;
(3) ensuring the use of detailed performance
specifications in instances in which performance-based
contracting is used;
(4) making acquisition decisions consistent with all
applicable laws and establishing clear lines of
authority, accountability, and responsibility for
acquisition decisionmaking within the Coast Guard;
(5) managing the direction of acquisition policy for
the Coast Guard, including implementation of the unique
acquisition policies, regulations, and standards of the
Coast Guard;
(6) developing and maintaining an acquisition career
management program in the Coast Guard to ensure that
there is an adequate professional workforce; and
(7) as part of the strategic planning and performance
evaluation process required under section 306 of title
5 and sections 1105(a)(28), 1115, 1116, and 9703 of
title 31--
(A) assessing the requirements established
for Coast Guard personnel regarding knowledge
and skill in acquisition resources management
and the adequacy of such requirements for
facilitating the achievement of the performance
goals established for acquisition management;
(B) in order to rectify any deficiency in
meeting such requirements, developing
strategies and specific plans for hiring,
training, and professional development; and
(C) reporting to the Commandant on the
progress made in improving acquisition
management capability.
* * * * * * *
CHAPTER 5--FUNCTIONS AND POWERS
Sec.
81. Aids to navigation authorized.
* * * * * * *
99. Enforcement authority.
* * * * * * *
Sec. 99. Enforcement authority
Subject to guidelines approved by the Secretary, members of
the Coast Guard, in the performance of official duties, may--
(1) carry a firearm; and
(2) while at a facility (as defined in section 70101
of title 46)--
(A) make an arrest without warrant for any
offense against the United States; and
(B) seize property as otherwise provided by
law.
* * * * * * *
CHAPTER 7--COOPERATION WITH OTHER AGENCIES
Sec.
141. Cooperation with other agencies, States, territories, and
political subdivisions.
* * * * * * *
149. Assistance to foreign governments and maritime authorities.
* * * * * * *
153. Appointment of judges.
* * * * * * *
Sec. 149. Assistance to foreign governments and maritime authorities
(a) * * *
* * * * * * *
(c) Grants to International Maritime Organizations.--After
consultation with the Secretary of State, the Commandant may
make grants to, or enter into cooperative agreements,
contracts, or other agreements with, international maritime
organizations for the purpose of acquiring information or data
about merchant vessel inspections, security, safety,
classification, and port State or flag State law enforcement or
oversight.
* * * * * * *
Sec. 151. Contracts with Government-owned establishments for work and
material
(a) In General.--All orders or contracts for work or
material, under authorization of law, placed with Government-
owned establishments by the Coast Guard, shall be considered as
obligations in the same manner as provided for similar orders
or contracts placed with private contractors, and
appropriations for such work or material shall remain available
for payment therefor as in the case of orders or contracts
placed with private contractors.
(b) Orders and Agreements for Industrial Activities.--Under
this section, the Coast Guard industrial activities may accept
orders and enter into reimbursable agreements with
establishments, agencies, and departments of the Department of
Defense.
* * * * * * *
Sec. 153. Appointment of judges
The Secretary may appoint civilian employees of the
Department in which the Coast Guard is operating as appellate
military judges, available for assignment to the Coast Guard
Court of Criminal Appeals as provided for in section 866(a) of
title 10.
CHAPTER 9--COAST GUARD ACADEMY
Sec.
181. Administration of Academy.
* * * * * * *
198. Coast Guard history fellowships.
* * * * * * *
CHAPTER 11--PERSONNEL
Officers
a. appointments
Sec.
211. Original appointment of permanent commissioned officers.
* * * * * * *
[216. Director of Boating Safety Office]
* * * * * * *
GENERAL PROVISIONS
421. Retirement.
* * * * * * *
426. Emergency leave retention authority.
* * * * * * *
Sec. 214. Appointment of temporary officers
[(a) The President may appoint temporary commissioned
officers in the Regular Coast Guard in a grade, not above
lieutenant, appropriate to their qualifications, experience,
and length of service, as the needs of the Coast Guard may
require, from among the commissioned warrant officers, warrant
officers, and enlisted members of the Coast Guard, and from
licensed officers of the United States merchant marine.]
(a) The president may appoint temporary commissioned
officers--
(1) in the Regular Coast Guard in a grade, not above
lieutenant, appropriate to their qualifications,
experience, and length of service, as the needs of the
Coast Guard may require, from among the commissioned
warrant officers, warrant officers, and enlisted
members of the Coast Guard, and from holders of
licenses issued under chapter 71 of title 46; and
(2) in the Coast Guard Reserve in a grade, not above
lieutenant, appropriate to their qualifications,
experience, and length of service, as the needs of the
Coast Guard may require, from among the commissioned
warrant officers of the Coast Guard Reserve.
* * * * * * *
[Sec. 216. Director of Boating Safety Office
[The initial appointment of the Director of the Boating
Safety Office shall be in the grade of Captain.]
* * * * * * *
Sec. 253. Selection boards; notice of convening; communication with
board
(a) Before a board is convened under section 251 of this
title, notice of the convening date, the promotion zone to be
considered, and the officers eligible for consideration[, and
the number of officers the board may recommend for promotion]
shall be given to the service at large.
* * * * * * *
Sec. 258. Selection boards; information to be furnished boards
(a) In General.--The Secretary shall furnish the appropriate
selection board convened under section 251 of this title
with[:]--
(1) the number of officers that the board may
recommend for promotion to the next higher grade; and
(2) the names and records of all officers who are
eligible for consideration for promotion to the grade
to which the board will recommend officers for
promotion.
(b) Provision of Direction and Guidance.--
(1) In addition to the information provided pursuant
to subsection (a), the Secretary may furnish the
selection board--
(A) specific direction relating to the needs
of the Coast Guard for officers having
particular skills, including direction relating
to the need for a minimum number of officers
with particular skills within a specialty; and
(B) any other guidance that the Secretary
believes may be necessary to enable the board
to properly perform its functions.
(2) Selections made based on the direction and
guidance provided under this subsection shall not
exceed the maximum percentage of officers who may be
selected from below the announced promotion zone at any
given selection board convened under section 251 of
this title.
Sec. 259. Officers to be recommended for promotion
(a) A selection board convened to recommend officers for
promotion shall recommend those eligible officers whom the
board, giving due consideration to the needs of the Coast Guard
for officers with particular skills so noted in specific
direction furnished to the board by the Secretary under section
258 of this title, considers best qualified of the officers
under consideration for promotion. No officer may be
recommended for promotion unless he receives the recommendation
of at least a majority of the members of a board composed of
five members, or at least two-thirds of the members of a board
composed of more than five members.
* * * * * * *
Sec. 260. Selection boards; reports
(a) * * *
(b) A board convened under section 251 of this title shall
certify that, in the opinion of at least a majority of the
members if the board has five members, or in the opinion of at
least two-thirds of the members if the board has more than five
members, the officers recommended for promotion are the best
qualified for promotion to meet the needs of the service (as
noted in specific direction furnished the board by the
Secretary under section 258 of this title) of those officers
whose names have been furnished to the board.
* * * * * * *
Sec. 426. Emergency leave retention authority
With regard to a member of the Coast Guard who serves on
active duty, a duty assignment in support of a declaration of a
major disaster or emergency by the President under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) shall be treated, for the purpose of
section 701(f)(2) of title 10, a duty assignment in support of
a contingency operation.
* * * * * * *
CHAPTER 13--PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS
* * * * * * *
Sec.
461. Remission of indebtedness of enlisted members upon discharge.
* * * * * * *
518. Reimbursement for medical-related travel expenses for certain
persons residing on islands in the continental United States.
* * * * * * *
Sec. 518. Reimbursement for medical-related travel expenses for certain
persons residing on islands in the continental
United States
In any case in which a covered beneficiary (as defined in
section 1072(5) of title 10) resides on an island that is
located in the 48 contiguous States and the District of
Columbia and that lacks public access roads to the mainland and
is referred by a primary care physician to a specialty care
provider (as defined in section 1074i(b) of title 10) on the
mainland who provides services less than 100 miles from the
location where the beneficiary resides, the Secretary shall
reimburse the reasonable travel expenses of the covered
beneficiary and, when accompaniment by an adult is necessary,
for a parent or guardian of the covered beneficiary or another
member of the covered beneficiary's family who is at least 21
years of age.
* * * * * * *
CHAPTER 17--ADMINISTRATION
Sec.
631. Delegation of powers by the Secretary.
* * * * * * *
677. Turnkey selection procedures.
* * * * * * *
Sec. 637. Stopping vessels; indemnity for firing at or into vessel
(a) * * *
* * * * * * *
(c) A vessel or aircraft is an authorized vessel or
authorized aircraft for purposes of this section if--
(1) it is a Coast Guard vessel or aircraft[; or];
(2) it is a surface naval vessel or military aircraft
on which one or more members of the Coast Guard are
assigned pursuant to section 379 of title 10[.]; or
(3) any other vessel or aircraft owned by a
government and used for noncommercial service when--
(A) the vessel or aircraft is under the
tactical control of the Coast Guard; and
(B) at least one member of the Coast Guard is
assigned and conducting a Coast Guard mission
on the vessel or aircraft.
Sec. 638. Coast Guard ensigns and pennants
(a) [Coast Guard vessels and aircraft] Vessels and aircraft
authorized by the Secretary shall be distinguished from other
vessels and aircraft by an ensign, pennant, or other
identifying insignia of such design as prescribed by the
Secretary. Such ensign, pennant, or other identifying insignia
shall be displayed in accordance with regulations prescribed by
the Secretary.
* * * * * * *
----------
ARMED FORCES RETIREMENT HOME ACT OF 1991
TITLE XV--ARMED FORCES RETIREMENT HOME
* * * * * * *
SEC. 1502. DEFINITIONS.
For purposes of this title:
(1) * * *
* * * * * * *
[(4) The term ``Armed Forces'' does not include the
Coast Guard when it is not operating as a service in
the Navy.]
(5) The term ``chief personnel officers'' means--
(A) * * *
* * * * * * *
(C) the Deputy Chief of Staff for Personnel
of the Air Force; [and]
(D) the Deputy Commandant of the Marine Corps
for Manpower and Reserve Affairs[.]; and
(E) the Assistant Commandant of the Coast
Guard for Human Resources.
(6) The term ``senior noncommissioned officers''
means the following:
(A) * * *
* * * * * * *
(E) The Master Chief Petty Officer of the
Coast Guard.
* * * * * * *
----------
TITLE 10, UNITED STATES CODE
* * * * * * *
Subtitle A--General Military Law
* * * * * * *
PART IV--SERVICE, SUPPLY, AND PROCUREMENT
* * * * * * *
CHAPTER 165--ACCOUNTABILITY AND RESPONSIBILITY
* * * * * * *
Sec. 2772. Share of fines and forfeitures to benefit Armed Forces
Retirement Home
(a) Deposit Required.--The Secretary of the military
department concerned or, in the case of the Coast Guard, the
Commandant shall deposit in the Armed Forces Retirement Home
Trust Fund a percentage (determined under subsection (b)) of
the following amounts:
(1) * * *
* * * * * * *
[(c) Application to Coast Guard.--In this section, the term
``armed forces'' does not include the Coast Guard when it is
not operating as a service in the Navy.]
* * * * * * *
----------
TITLE 37, UNITED STATES CODE
* * * * * * *
CHAPTER 19--ADMINISTRATION
* * * * * * *
Sec. 1007. Deductions from pay
(a) * * *
* * * * * * *
(i)(1) * * *
* * * * * * *
(3) The Secretary of Defense or, in the case of the Coast
Guard, the Commandant, after consultation with the Armed Forces
Retirement Home Board, shall determine from time to time the
amount to be deducted under paragraph (1) from the pay of
enlisted members, warrant officers, and limited duty officers
on the basis of the financial needs of the Armed Forces
Retirement Home. The amount to be deducted may be fixed at
different amounts on the basis of grade or length of service,
or both.
[(4) In this subsection, the term ``armed forces'' does not
include the Coast Guard when it is not operating as a service
in the Navy.]
[(5)] (4) This subsection does not apply to an enlisted
member, warrant officer, or limited duty officer of a reserve
component.
* * * * * * *
----------
COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2004
* * * * * * *
TITLE VI--MISCELLANEOUS
* * * * * * *
SEC. 605. GREAT LAKES NATIONAL MARITIME ENHANCEMENT INSTITUTE.
(a) * * *
(b) Study and Report.--
(1) In general.--[The Secretary of Transportation
shall conduct a study that] The Institute shall conduct
maritime transportation studies of the Great Lakes
region, including studies that--
(A) [evaluates] evaluate short sea shipping
market opportunities on the Great Lakes,
including the expanded use of freight ferries,
improved mobility, and regional supply chain
efficiency;
(B) [evaluates] evaluate markets for foreign
trade between ports on the Great Lakes and
draft-limited ports in Europe and Africa;
(C) [evaluates] evaluate the environmental
benefits of waterborne transportation in the
Great Lakes region;
(D) [analyzes] analyze the effect on Great
Lakes shipping of the tax imposed by section
4461(a) of the Internal Revenue Code of 1986;
(E) [evaluates] evaluate the state of
shipbuilding and ship repair bases on the Great
Lakes;
(F) [evaluates] evaluate opportunities for
passenger vessel services on the Great Lakes;
(G) [analyzes] analyze the origin-to-
destination flow of freight cargo in the Great
Lakes region that may be transported on vessels
to relieve congestion in other modes of
transportation;
(H) [evaluates] evaluate the economic
viability of establishing transshipment
facilities for oceangoing cargoes on the Great
Lakes;
(I) [evaluates] evaluate the adequacy of the
infrastructure in Great Lakes ports to meet the
needs of marine commerce; [and]
(J) [evaluates] evaluate new vessel designs
for domestic and international shipping on the
Great Lakes[.];
(K) identify ways to improve the integration
of the Great Lakes marine transportation system
into the national transportation system;
(L) examine the potential of expanded
operations on the Great Lakes marine
transportation system;
(M) identify ways to include intelligent
transportation applications into the Great
Lakes marine transportation system;
(N) analyze the effects and impacts of aging
infrastructure and port corrosion on the Great
Lakes marine transportation system;
(O) establish and maintain a model Great
Lakes marine transportation system database;
and
(P) identify market opportunities for, and
impediments to, the use of United States-flag
vessels in trade with Canada on the Great
Lakes.
* * * * * * *
[(4) Authorization of appropriations.--There is
authorized to be appropriated to the Secretary
$1,500,000 for each of fiscal years 2005 and 2006 to
carry out paragraph (1).]
(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out paragraph
(1)--
(A) $2,100,000 for fiscal year 2007;
(B) $2,200,000 for fiscal year 2008;
(C) $2,300,000 for fiscal year 2009;
(D) $2,400,000 for fiscal year 2010; and
(E) $2,500,000 for fiscal year 2011.
* * * * * * *
SEC. 623. INTERIM AUTHORITY FOR DRY BULK CARGO RESIDUE DISPOSAL.
(a) Extension of Interim Authority.--The Secretary of the
Department in which the Coast Guard is operating shall continue
to implement and enforce United States Coast Guard 1997
Enforcement Policy for Cargo Residues on the Great Lakes
(hereinafter in this section referred to as the ``Policy'') or
revisions thereto, in accordance with that policy, for the
purpose of regulating incidental discharges from vessels of
residues of dry bulk cargo into the waters of the Great Lakes
under the jurisdiction of the United States, until the earlier
of--
(1) * * *
(2) September 30, [2008] 2009.
* * * * * * *
----------
TITLE 46, UNITED STATES CODE
* * * * * * *
Subtitle II--Vessels and Seamen
* * * * * * *
Part A--General Provisions
CHAPTER 21--GENERAL
Sec.
2101. General definitions.
* * * * * * *
2116. Termination for unsafe operation.
* * * * * * *
Sec. 2114. Protection of seamen against discrimination
(a)(1) A person may not discharge or in any manner
discriminate against a seaman because--
(A) the seaman in good faith has reported or is about
to report to the Coast Guard or other appropriate
Federal agency or department that the seaman believes
that a violation of a maritime safety law or regulation
prescribed under that law or regulation has occurred;
[or]
(B) the seaman has refused to perform duties ordered
by the seaman's employer because the seaman has a
reasonable apprehension or expectation that performing
such duties would result in serious injury to the
seaman, other seamen, or the public[.];
(C) the seaman testified in a proceeding brought to
enforce a maritime safety law or regulation prescribed
under that law;
(D) the seaman notified, or attempted to notify, the
vessel owner or the Secretary of a work-related
personal injury or work-related illness of a seaman;
(E) the seaman cooperated with a safety investigation
by the Secretary or the National Transportation Safety
Board;
(F) the seaman furnished information to the
Secretary, the National Transportation Safety Board, or
any other public official as to the facts relating to
any marine casualty resulting in injury or death to an
individual or damage to property occurring in
connection with vessel transportation; or
(G) the seaman accurately reported hours of duty under this
part.
* * * * * * *
[(b) A seaman discharged or otherwise discriminated against
in violation of this section may bring an action in an
appropriate district court of the United States. In that
action, the court may order any appropriate relief, including--
[(1) restraining violations of this section;
[(2) reinstatement to the seaman's former position
with back pay;
[(3) an award of costs and reasonable attorney's fees
to a prevailing plaintiff not exceeding $1,000; and
[(4) an award of costs and reasonable attorney's fees
to a prevailing employer not exceeding $1,000 if the
court finds that a complaint filed under this section
is frivolous or has been brought in bad faith.]
(b) A seaman alleging discharge or discrimination in
violation of subsection (a) of this section, or another person
at the seaman's request, may file a complaint with respect to
such allegation in the same manner as a complaint may be filed
under subsection (b) of section 31105 of title 49. Such
complaint shall be subject to the procedures, requirements, and
rights described in that section, including with respect to the
right to file an objection, the right of a person to file for a
petition for review under subsection (c) of that section, and
the requirement to bring a civil action under subsection (d) of
that section.
* * * * * * *
Sec. 2116. Termination for unsafe operation
An individual authorized to enforce this title--
(1) may remove a certificate required by this title
from a vessel that is operating in a condition that
does not comply with the provisions of the certificate;
(2) may order the individual in charge of a vessel
that is operating that does not have on board the
certificate required by this title to return the vessel
to a mooring and to remain there until the vessel is in
compliance with this title; and
(3) may direct the individual in charge of a vessel
to which this title applies to immediately take
reasonable steps necessary for the safety of
individuals on board the vessel if the official
observes the vessel being operated in an unsafe
condition that the official believes creates an
especially hazardous condition, including ordering the
individual in charge to return the vessel to a mooring
and to remain there until the situation creating the
hazard is corrected or ended.
Part B--Inspection and Regulations of Vessels
CHAPTER 31--GENERAL
Sec.
3101. Authority to suspend inspection.
* * * * * * *
3104. Survival craft.
* * * * * * *
Sec. 3104. Survival craft
(a) Except as provided in subsection (b), the Secretary may
not approve a survival craft as a safety device for purposes of
this part, unless the craft ensures that no part of an
individual is immersed in water.
(b) The Secretary may authorize a survival craft that does
not provide protection described in subsection (a) to remain in
service until not later than January 1, 2013, if--
(1) it was approved by the Secretary before January
1, 2008; and
(2) it is in serviceable condition.
CHAPTER 32--MANAGEMENT OF VESSELS
* * * * * * *
Sec. 3202. Application
(a) [Mandatory Application.--] Foreign Voyages and Foreign
Vessels.--This chapter applies to a vessel that--
(1) * * *
* * * * * * *
(b) Other Passenger Vessels.--This chapter applies to a
vessel that is--
(1) a passenger vessel or small passenger vessel; and
(2) is transporting more passengers than a number
prescribed by the Secretary based on the number of
individuals on the vessel that could be killed or
injured in a marine casualty.
[(b)] (c) Voluntary Application.--This chapter applies to a
vessel not described in subsection (a) of this section if the
owner of the vessel requests the Secretary to apply this
chapter to the vessel.
[(c)] (d) Exception.--Except as provided in [subsection (b)]
subsection (c) of this section, this chapter does not apply
to--
(1) * * *
* * * * * * *
(4) a vessel operating on the Great Lakes or its
tributary and connecting waters that is not described
in subsection (b) of this section; or
(5) a public vessel.
Sec. 3203. Safety management system
(a) * * *
* * * * * * *
(c) In prescribing regulations for passenger vessels and
small passenger vessels, the Secretary shall consider the
characteristics, methods of operation, and nature of the
service of these vessels.
* * * * * * *
CHAPTER 33--INSPECTION GENERALLY
* * * * * * *
Sec. 3316. Classification societies
(a) * * *
(b)(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 vessel documented or to be documented under chapter 121
of this title or for a floating installation, the authority
to--
(A) * * *
* * * * * * *
(2) The Secretary may make a delegation under paragraph (1)
to a foreign classification society only--
(A) to the extent that the government of the foreign
country in which the society is headquartered delegates
authority and provides access to the American Bureau of
Shipping to inspect, certify, and provide related
services to vessels documented in that country or for
floating installations; and
* * * * * * *
(3) When an inspection or examination has been delegated
under this subsection, the Secretary's delegate--
(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 vessel or floating installation
ceases to be certified; and
* * * * * * *
(d) For purposes of this section, the term ``floating
installation'' means any installation, structure, or other
device that floats and that either 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)), and
is used for the purpose of exploring for, developing,
producing, or storing the resources from that seabed or
subsoil.
* * * * * * *
CHAPTER 45--UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS
Sec.
4501. Application.
* * * * * * *
[4503. Fish processing vessel certification.]
4503. Fishing, fish tender, and fish processing vessel certification.
* * * * * * *
[4508. Commercial Fishing Industry Vessel Safety Advisory Committee.]
4508. Commercial Fishing Safety Advisory Committee.
* * * * * * *
Sec. 4502. Safety standards
(a) The Secretary shall prescribe regulations which require
that each vessel to which this chapter applies shall be
equipped with--
(1) * * *
* * * * * * *
[(6) a buoyant apparatus, if the vessel is of a type
required by regulations prescribed by the Secretary to
be equipped with that apparatus;
[(7) alerting and locating equipment, including
emergency position indicating radio beacons, on vessels
that operate beyond 3 nautical miles from the baselines
from which the territorial sea of the United States is
measured, and which are owned in the United States or
beyond 3 nautical miles from the coastline of the Great
Lakes; and]
(6) other equipment required to minimize the risk of
injury to the crew during vessel operations, if the
Secretary determines that a risk of serious injury
exists that can be eliminated or mitigated by that
equipment; and
[(8)] (7) a placard as required by regulations
prescribed under section 10603(b) of this title.
(b)(1) In addition to the requirements of subsection (a) of
this section, the Secretary shall prescribe regulations
requiring the installation, maintenance, and use of the
equipment in paragraph (2) of this subsection for [documented]
vessels to which this chapter applies that--
(A) operate beyond [the Boundary Line] 3 nautical
miles from the baseline from which the territorial sea
of the United States is measured or beyond 3 nautical
miles from the coastline of the Great Lakes;
* * * * * * *
(2) The equipment to be required is as follows:
(A) * * *
(B) [lifeboats or liferafts] a survival craft that
ensures that no part of an individual is immersed in
water sufficient to accommodate all individuals on
board;
* * * * * * *
(D) marine radio communications equipment sufficient
to effectively communicate with land-based search and
rescue facilities;
(E) navigation equipment, including compasses, [radar
reflectors, nautical charts, and anchors] nautical
charts, and publications;
(F) first aid equipment[, including medicine chests]
and medical supplies sufficient for the size and area
of operation of the vessel; and
[(G) other equipment required to minimize the risk of
injury to the crew during vessel operations, if the
Secretary determines that a risk of serious injury
exists that can be eliminated or mitigated by that
equipment.]
(G) ground tackle sufficient for the vessel.
* * * * * * *
[(f) To ensure compliance with the requirements of this
chapter, at least once every 2 years the Secretary shall
examine--
[(1) a fish processing vessel; and
[(2) a fish tender vessel engaged in the Aleutian
trade.]
(f) To ensure compliance with the requirements of this
chapter, the Secretary--
(1) shall require the individual in charge of a
vessel described in subsection (b) to keep a record of
equipment maintenance, and required instruction and
drills; and
(2) shall examine at dockside a vessel described in
subsection (b) at least twice every 5 years, and shall
issue a certificate of compliance to a vessel meeting
the requirements of this chapter.
(g)(1) The individual in charge of a vessel described in
subsection (b) must pass a training program approved by the
Secretary that meets the requirements in paragraph (2) of this
subsection and hold a valid certificate issued under that
program.
(2) The training program shall--
(A) be based on professional knowledge and skill
obtained through sea service and hands-on training,
including training in seamanship, stability, collision
prevention, navigation, fire fighting and prevention,
damage control, personal survival, emergency medical
care, and weather;
(B) require an individual to demonstrate ability to
communicate in an emergency situation and understand
information found in navigation publications;
(C) recognize and give credit for recent past
experience in fishing vessel operation; and
(D) provide for issuance of a certificate to an
individual that has successfully completed the program.
(3) The Secretary shall prescribe regulations implementing
this subsection. The regulations shall require that individuals
who are issued a certificate under paragraph (2)(D) must
complete refresher training at least once every 5 years as a
condition of maintaining the validity of the certificate.
(4) The Secretary shall establish a publicly accessible
electronic database listing the names of individuals who have
participated in and received a certificate confirming
successful completion of a training program approved by the
Secretary under this section.
(h) A vessel to which this chapter applies shall be
constructed in a manner that provides a level of safety
equivalent to the minimum safety standards the Secretary may
established for recreational vessels under section 4302, if--
(1) subsection (b) of this section applies to the
vessel;
(2) the vessel is less than 50 feet overall in
length; and
(3) the vessel is built after January 1, 2008.
(i)(1) The Secretary shall establish a Fishing Safety
Training Grants Program to provide funding to municipalities,
port authorities, other appropriate public entities, not-for-
profit organizations, and other qualified persons that provide
commercial fishing safety training--
(A) to conduct fishing vessel safety training that
meets the requirements of subsection (g); and
(B) for purchase of safety equipment and training
aids for use in those fishing vessel safety training
programs.
(2) The Secretary shall award grants under this subsection on
a competitive basis.
(3) The Federal share of the cost of any activity carried out
with a grant under this subsection shall not exceed 75 percent.
(4) There is authorized to be appropriated $3,000,000 for
each of fiscal years 2008 through 2012 for grants under this
subsection.
(j)(1) The Secretary shall establish a Fishing Safety
Research Grant Program to provide funding to individuals in
academia, members of non-profit organizations and businesses
involved in fishing and maritime matters, and other persons
with expertise in fishing safety, to conduct research on
methods of improving the safety of the commercial fishing
industry, including vessel design, emergency and survival
equipment, enhancement of vessel monitoring systems,
communications devices, de-icing technology, and severe weather
detection.
(2) The Secretary shall award grants under this subsection on
a competitive basis.
(3) The Federal share of the cost of any activity carried out
with a grant under this subsection shall not exceed 75 percent.
[Sec. 4503. Fish processing vessel certification]
Sec. 4503. Fishing, fish tender, and fish processing vessel
certification
(a) A [fish processing] vessel to which this section applies
may not be operated unless the vessel--
(1) * * *
* * * * * * *
(c) This section applies to a vessel to which section 4502(b)
of this title applies that--
(1) is at least 50 feet overall in length;
(2) is built after January 1, 2008; or
(3) undergoes a major conversion completed after that
date.
(d) After January 1, 2018, this section applies to a fishing
vessel or fish tender vessel that is built before January 1,
2008, and is 25 years of age or older, unless the vessel
complies with an alternate safety compliance program prescribed
by the Secretary.
* * * * * * *
Sec. 4506. Exemptions
(a) * * *
[(b) A vessel to which this chapter applies is exempt from
section 4502(b)(2)(B) of this title if it--
[(1) is less than 36 feet in length; and
[(2) is operating--
[(A) in internal waters of the United States;
or
[(B) within 3 nautical miles from the
baselines from which the territorial sea of the
United States is measured.]
* * * * * * *
[Sec. 4508. Commercial Fishing Industry Vessel Advisory Safety
Committee]
Sec. 4508. Commercial Fishing Safety Advisory Committee
(a) The Secretary shall establish a Commercial Fishing
[Industry Vessel] Safety Advisory Committee. The Committee--
(1) * * *
* * * * * * *
Part C--Load Lines of Vessels
CHAPTER 51--LOAD LINES
* * * * * * *
Sec. 5102. Application
(a) * * *
(b) This chapter does not apply to the following:
(1) * * *
* * * * * * *
(3) a fishing vessel, unless the vessel is built or
undergoes a major conversion completed after January 1,
2008.
* * * * * * *
Part E--Merchant Seamen Licenses, Certificates, and Documents
CHAPTER 71--LICENSES AND CERTIFICATES OF REGISTRY
Sec.
7101. Issuing and classifying licenses and certificates of registry.
* * * * * * *
[7105. Oaths.]
* * * * * * *
7115. Merchant Mariner Medical Advisory Committee.
* * * * * * *
[Sec. 7105. Oaths
[An applicant for a license or certificate of registry shall
take, before the issuance of the license or certificate, an
oath before a designated official, without concealment or
reservation, that the applicant will perform faithfully and
honestly, according to the best skill and judgment of the
applicant, all the duties required by law.
[Sec. 7106. Duration of licenses
[A license issued under this part is valid for 5 years and
may be renewed for additional 5-year periods. However, the
validity of a license issued to a radio officer is conditioned
on the continuous possession by the holder of a first-class or
second-class radiotelegraph operator license issued by the
Federal Communications Commission.
[Sec. 7107. Duration of certificates of registry
[A certificate of registry issued under this part is valid
for 5 years and may be renewed for additional 5-year periods.
However, the validity of a certificate issued to a medical
doctor or professional nurse is conditioned on the continuous
possession by the holder of a license as a medical doctor or
registered nurse, respectively, issued by a State.]
Sec. 7106. Duration of licenses
(a) In General.--A license issued under this part is valid
for a 5-year period and may be renewed for additional 5-year
periods; except that the validity of a license issued to a
radio officer is conditioned on the continuous possession by
the holder of a first-class or second-class radiotelegraph
operator license issued by the Federal Communications
Commission.
(b) Advance Renewals.--A renewed license issued under this
part may be issued up to 8 months in advance but is not
effective until the date that the previously issued license
expires.
Sec. 7107. Duration of certificates of registry
(a) In General.--A certificate of registry issued under this
part is valid for a 5-year period and may be renewed for
additional 5-year periods; except that the validity of a
certificate issued to a medical doctor or professional nurse is
conditioned on the continuous possession by the holder of a
license as a medical doctor or registered nurse, respectively,
issued by a State.
(b) Advance Renewals.--A renewed certificate of registry
issued under this part may be issued up to 8 months in advance
but is not effective until the date that the previously issued
certificate of registry expires.
* * * * * * *
Sec. 7115. Merchant Mariner Medical Advisory Committee
(a) Establishment.--
(1) In general.--There is established a Merchant
Mariner Medical Advisory Committee (in this section
referred to as the ``Committee'').
(2) Functions.--The Committee shall advise the
Secretary on matters relating to--
(A) medical certification determinations for
issuance of merchant mariner credentials;
(B) medical standards and guidelines for the
physical qualifications of operators of
commercial vessels;
(C) medical examiner education; and
(D) medical research.
(b) Membership.--
(1) In general.--The Committee shall consist of
twelve members, none of whom is a Federal employee, and
shall include--
(A) ten who are health-care professionals
with particular expertise, knowledge, or
experience regarding the medical examinations
of merchant mariners or occupational medicine;
and
(B) two who are professional mariners with
knowledge and experience in mariner
occupational requirements.
(2) Status of members.--Members of the Committee
shall not be considered Federal employees or otherwise
in the service or the employment of the Federal
Government, except that members shall be considered
special Government employees, as defined in section
202(a) of title 18, United States Code, and shall be
subject to any administrative standards of conduct
applicable to the employees of the department in which
the Coast Guard is operating.
(c) Appointments; Terms; Vacancies.--
(1) Appointments.--The Secretary shall appoint the
members of the Committee, and each member shall serve
at the pleasure of the Secretary.
(2) Terms.--Each member shall be appointed for a term
of three years, except that, of the members first
appointed, three members shall be appointed for a term
of two years and three members shall be appointed for a
term of one year.
(3) Vacancies.--Any member appointed to fill the
vacancy prior to the expiration of the term for which
that member's predecessor was appointed shall be
appointed for the remainder of that term.
(d) Chairman and Vice Chairman.--The Secretary shall
designate one member of the Committee as the Chairman and one
member as the Vice Chairman. The Vice Chairman shall act as
Chairman in the absence or incapacity of, or in the event of a
vacancy in the office of, the Chairman.
(e) Compensation; Reimbursement.--Members of the Committee
shall serve without compensation, except that, while engaged in
the performance of duties away from their homes or regular
places of business of the member, the member of the Committee
may be allowed travel expenses, including per diem in lieu of
subsistence, as authorized by section 5703 of title 5.
(f) Staff; Services.--The Secretary shall furnish to the
Committee the personnel and services as are considered
necessary for the conduct of its business.
CHAPTER 73--MERCHANT MARINERS' DOCUMENTS
Sec.
7301. General.
* * * * * * *
[7305. Oaths for holders of merchant mariners' documents.]
* * * * * * *
Sec. 7302. Issuing merchant mariners' documents and continuous
discharge books
(a) * * *
* * * * * * *
[(f) Except as provided in subsection (g), a merchant
mariner's document issued under this chapter is valid for 5
years and may be renewed for additional 5-year periods.]
(f) Periods of Validity and Renewal of Merchant Mariners'
Documents.--
(1) In general.--Except as provided in subsection
(g), a merchant mariner's document issued under this
chapter is valid for a 5-year period and may be renewed
for additional 5-year periods.
(2) Advance renewals.--A renewed merchant mariner's
document may be issued under this chapter up to 8
months in advance but is not effective until the date
that the previously issued merchant mariner's document
expires.
* * * * * * *
[Sec. 7305. Oaths for holders of merchant mariners' documents
[An applicant for a merchant mariner's document shall take,
before issuance of the document, an oath that the applicant
will perform faithfully and honestly all the duties required by
law, and will carry out the lawful orders of superior
officers.]
* * * * * * *
CHAPTER 75--GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND
DOCUMENTATION
Sec.
7501. Duplicates.
* * * * * * *
7507. Fingerprinting.
7508. Authority to extend the duration of licenses, certificates of
registry, and merchant mariner documents.
* * * * * * *
Sec. 7502. Records
(a) The Secretary shall maintain [computerized records]
records, including electronic records, on the issuances,
denials, suspensions, and revocations of licenses, certificates
of registry, merchant mariners' documents, and endorsements on
those licenses, certificates, and documents.
(b) The Secretary may prescribe regulations requiring a
vessel owner or managing operator of a commercial vessel, or
the employer of a seaman on that vessel, to maintain records of
each individual engaged on the vessel on matters of engagement,
discharge, and service for not less than 5 years after the date
of the completion of the service of that individual on the
vessel. The regulations may require that a vessel owner,
managing operator, or employer shall make these records
available to the individual and the Coast Guard on request.
(c) A person violating this section, or a regulation
prescribed under this section, is liable to the United States
Government for a civil penalty of not more than $5,000.
* * * * * * *
Sec. 7507. Fingerprinting
The Secretary of the Department in which the Coast Guard is
operating may not require an individual to be fingerprinted for
the issuance or renewal of a license, a certificate of
registry, or a merchant mariner's document under chapter 71 or
73 if the individual was fingerprinted when the individual
applied for a transportation security card under section 70105.
Sec. 7508. Authority to extend the duration of licenses, certificates
of registry, and merchant mariner documents
(a) Licenses and Certificates of Registry.--Notwithstanding
section 7106 and 7107, the Secretary of the department in which
the Coast Guard is operating may extend for one year an
expiring license or certificate of registry issued for an
individual under chapter 71 if the Secretary determines that
extension is required to enable the Coast Guard to eliminate a
backlog in processing applications for those licenses or
certificates of registry.
(b) Merchant Mariner Documents.--Notwithstanding section
7302(g), the Secretary may extend for one year an expiring
merchant mariner's document issued for an individual under
chapter 71 if the Secretary determines that extension is
required to enable the Coast Guard to eliminate a backlog in
processing applications for those documents.
(c) Manner of Extension.--Any extensions granted under this
section may be granted to individual seamen or a specifically
identified group of seamen.
(d) Expiration of Authority.--The authority for providing an
extension under this section shall expire on June 30, 2009.
* * * * * * *
Part F--Manning of Vessels
CHAPTER 81--GENERAL
Sec.
8101. Complement of inspected vessels.
* * * * * * *
8106. Riding gangs.
* * * * * * *
CHAPTER 89--SMALL VESSEL MANNING
* * * * * * *
Sec. 8905. Exemptions
(a) * * *
[(b) Section 8904 of this title does not apply to a vessel of
less than 200 gross tons as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title engaged in the offshore mineral and
oil industry if the vessel has offshore mineral and oil
industry sites or equipment as its ultimate destination or
place of departure.]
[(c)] (b) Section 8904 of this title does not apply to an oil
spill response vessel while engaged in oil spill response or
training activities.
* * * * * * *
CHAPTER 103--FOREIGN AND INTERCOASTAL VOYAGES
* * * * * * *
Sec. 10313. Wages
(a) * * *
* * * * * * *
(g) [When] (1) Subject to paragraph (2), when payment is not
made as provided under subsection (f) of this section without
sufficient cause, the master or owner shall pay to the seaman 2
days' wages for each day payment is delayed.
(2) The total amount required to be paid under paragraph (1)
with respect to all claims in a class action suit by seamen on
a passenger vessel capable of carrying more than 500 passengers
for wages under this section against a vessel master, owner, or
operator or the employer of the seamen shall not exceed ten
times the unpaid wages that are the subject of the claims.
(3) A class action suit for wages under this subsection must
be commenced within three years after the later of--
(A) the date of the end of the last voyage for which
the wages are claimed; or
(B) the receipt, by a seaman who is a claimant in the
suit, of a payment of wages that are the subject of the
suit that is made in the ordinary course of employment.
* * * * * * *
Sec. 10315. Allotments
(a) * * *
* * * * * * *
(f) Deposits in Seaman Account.--A seaman employed on a
passenger vessel capable of carrying more than 500 passengers
may authorize, by written request signed by the seaman, the
master, owner, or operator of the vessel, or the employer of
the seaman, to make deposits of wages of the seaman into a
checking, savings, investment, or retirement account, or other
account to secure a payroll or debit card for the seaman if--
(1) the wages designated by the seaman for such
deposit are deposited in a United States or
international financial institution designated by the
seaman;
(2) such deposits in the financial institution are
fully guaranteed under commonly accepted international
standards by the government of the country in which the
financial institution is licensed;
(3) a written wage statement or pay stub, including
an accounting of any direct deposit, is delivered to
the seaman no less often than monthly; and
(4) while on board the vessel on which the seaman is
employed, the seaman is able to arrange for withdrawal
of all funds on deposit in the account in which the
wages are deposited.
* * * * * * *
CHAPTER 105--COASTWISE VOYAGES
* * * * * * *
Sec. 10504. Wages
(a) * * *
* * * * * * *
(c) [When] (1) Subject to subsection (d), and except as
provided in paragraph (2), when payment is not made as provided
under subsection (b) of this section without sufficient cause,
the master or owner shall pay to the seaman 2 days' wages for
each day payment is delayed.
(2) The total amount required to be paid under paragraph (1)
with respect to all claims in a class action suit by seamen on
a passenger vessel capable of carrying more than 500 passengers
for wages under this section against a vessel master, owner, or
operator or the employer of the seamen shall not exceed ten
times the unpaid wages that are the subject of the claims.
(3) A class action suit for wages under this subsection must
be commenced within three years after the later of--
(A) the date of the end of the last voyage for which
the wages are claimed; or
(B) the receipt, by a seaman who is a claimant in the
suit, of a payment of wages that are the subject of the
suit that is made in the ordinary course of employment.
* * * * * * *
(f) Deposits in Seaman Account.--A seaman employed on a
passenger vessel capable of carrying more than 500 passengers
may authorize, by written request signed by the seaman, the
master, owner, or operator of the vessel, or the employer of
the seaman, to make deposits of wages of the seaman into a
checking, savings, investment, or retirement account, or other
account to secure a payroll or debit card for the seaman if--
(1) the wages designated by the seaman for such
deposit are deposited in a United States or
international financial institution designated by the
seaman;
(2) such deposits in the financial institution are
fully guaranteed under commonly accepted international
standards by the government of the country in which the
financial institution is licensed;
(3) a written wage statement or pay stub, including
an accounting of any direct deposit, is delivered to
the seaman no less often than monthly; and
(4) while on board the vessel on which the seaman is
employed, the seaman is able to arrange for withdrawal
of all funds on deposit in the account in which the
wages are deposited.
* * * * * * *
CHAPTER 113--OFFICIAL LOGBOOKS
Sec.
11301. Logbook and entry requirements.
* * * * * * *
11304. Additional logbook and entry requirements.
* * * * * * *
Sec. 11304. Additional logbook and entry requirements
(a) A vessel of the United States that is subject to
inspection under section 3301 of this title, except a vessel on
a voyage from a port in the United States to a port in Canada,
shall have an official logbook.
(b) The log book required by subsection (a) shall include the
following entries:
(1) The time when each seaman and each officer
assumed or relieved the watch.
(2) The number of hours in service to the vessels of
each seaman and each officer.
(3) An account of each accident, illness, and injury
that occurs during each watch.
* * * * * * *
Part H--Identification of Vessels
CHAPTER 121--DOCUMENTATION OF VESSELS
* * * * * * *
SUBCHAPTER II--ENDORSEMENTS AND SPECIAL DOCUMENTATION
Sec. 12111. Registry endorsement
(a) * * *
* * * * * * *
(d) A vessel or facility for which a registry endorsement is
not issued may not engage in regassifying on navigable waters
unless the vessel or facility transported the gas from a
foreign port.
* * * * * * *
Sec. 12113. Fishery endorsement
(a) * * *
* * * * * * *
(d) Requirements Based on Length, Tonnage, or Horsepower.--
(1) * * *
(2) Requirements.--A vessel subject to this
subsection is not eligible for a fishery endorsement
unless--
(A)(i) a certificate of documentation was
issued for the vessel and endorsed with a
fishery endorsement that was effective on
September 25, 1997; and
(ii) the vessel is not placed under foreign
registry after October 21, 1998; [and]
[(iii) if the fishery endorsement is
invalidated after October 21, 1998, application
is made for a new fishery endorsement within 15
business days of the invalidation; or]
(B) the owner of the vessel demonstrates to
the Secretary that the regional fishery
management council of jurisdiction established
under section 302(a)(1) of the Magnuson-Stevens
Fishery Conservation and Management Act (16
U.S.C. 1852(a)(1)) has recommended after
October 21, 1998, and the Secretary of Commerce
has approved, conservation and management
measures in accordance with the American
Fisheries Act (Public Law 105-277, div. C,
title II) (16 U.S.C. 1851 note) to allow the
vessel to be used in fisheries under the
council's authority[.]; or
(C) the vessel is either a rebuilt vessel or
a replacement vessel under section 208(g) of
the American Fisheries Act (title II of
division C of Public Law 105-277; 112 Stat.
2681-627) and is eligible for a fishery
endorsement under this section.
* * * * * * *
Part J--Measurement of Vessels
CHAPTER 141--GENERAL
* * * * * * *
Sec. 14101. Definitions
In this part--
(1) * * *
* * * * * * *
(4) ``vessel [engaged] that engages on a foreign
voyage'' means a vessel--
(A) [arriving] that arrives at a place under
the jurisdiction of the United States from a
place in a foreign country;
(B) [making] that makes a voyage between
places outside the United States [(except a
foreign vessel engaged on that voyage)];
(C) [departing] that departs from a place
under the jurisdiction of the United States for
a place in a foreign country; or
(D) [making] that makes a voyage between a
place within a territory or possession of the
United States and another place under the
jurisdiction of the United States not within
that territory or possession.
* * * * * * *
Sec. 14103. Delegation of authority
(a) * * *
* * * * * * *
(c) For a vessel [intended to be engaged on] that engages on
a foreign voyage, the Secretary may delegate to another country
that is a party to the Convention the authority to measure the
vessel and issue an International Tonnage Certificate (1969)
under chapter 143 of this title.
* * * * * * *
CHAPTER 143--CONVENTION MEASUREMENT
Sec.
14301. Application.
* * * * * * *
[14303. International Tonnage Certificate (1969).]
14303. Tonnage Certificate.
* * * * * * *
Sec. 14301. Application
[(a) Except as otherwise provided in this section, this
chapter applies to the following:
[(1) a documented vessel.
[(2) a vessel that is to be documented under chapter
121 of this title.
[(3) a vessel engaged on a foreign voyage.]
(a) Except as otherwise provided in this section, this
chapter applies to any vessel for which the application of an
international agreement or other law of the United States to
the vessel depends on the vessel's tonnage.
(b) This chapter does not apply to the following:
(1) a vessel of war[.], unless the government of the
country to which the vessel belongs elects to measure
the vessel under this chapter.
* * * * * * *
(3) a vessel of United States or Canadian registry or
nationality, or a vessel operated under the authority
of the United States or Canada, and that is operating
only on the Great Lakes, unless the owner requests.
(4) [a vessel (except a vessel engaged] a vessel of
United States registry or nationality, or one operated
under the authority of the United States (except a
vessel that engages on a foreign voyage) the keel of
which was laid or that was at a similar stage of
construction before January 1, 1986, unless--
(A) * * *
* * * * * * *
[(5) before July 19, 1994, an existing vessel
unless--
[(A) the owner requests; or
[(B) the vessel undergoes a change that the
Secretary finds substantially affects the
vessel's gross tonnage.]
[(6) a barge (except a barge engaged on a foreign
voyage) unless the owner requests.]
(5) a barge of United States registry or nationality,
or a barge operated under the authority of the United
States (except a barge that engages on a foreign
voyage) unless the owner requests.
[(c) A vessel made subject to this chapter at the request of
the owner may be remeasured only as provided by this chapter.]
[(d) After July 18, 1994, an existing vessel (except an
existing vessel referred to in subsection (b)(5)(A) or (B) of
this section)] (c) An existing vessel that has not undergone a
change that the Secretary finds substantially affects the
vessel's gross tonnage (or a vessel to which IMO Resolutions
A.494 (XII) of November 19, 1981, A.540 (XIII) of November 17,
1983, or A.541 (XIII) of November 17, 1983 apply) may retain
its tonnages existing on July 18, 1994, for the application of
relevant requirements under international agreements (except
the Convention) and other laws of the United States. However,
if the vessel undergoes a change substantially affecting its
tonnage after July 18, 1994, the vessel shall be remeasured
under this chapter.
[(e)] (d) This chapter does not affect an international
agreement to which the United States Government is a party that
is not in conflict with the Convention or the application of
IMO Resolutions A.494 (XII) of November 19, 1981, A.540 (XIII)
of November 17, 1983, and A.541 (XIII) of November 17, 1983.
Sec. 14302. Measurement
(a) * * *
[(b) Except as provided in section 1602(a) of the Panama
Canal Act of 1979 (22 U.S.C. 3792(a)), a vessel measured under
this chapter may not be required to be measured under another
law.]
(b) A vessel measured under this chapter may not be required
to be measured under another law.
* * * * * * *
Sec. 14303. [International] Tonnage Certificate [(1969)]
(a) After measuring a vessel under this chapter, the
Secretary shall issue, on request of the owner, an
International Tonnage Certificate (1969) and deliver it to the
owner or master of the vessel. For a vessel to which the
Convention does not apply, the Secretary shall prescribe a
certificate to be issued as evidence of a vessel's measurement
under this chapter.
(b) The certificate issued under this section shall be
maintained as required by the Secretary.
* * * * * * *
Sec. 14305. Optional regulatory measurement
(a) On request of the owner of a [documented vessel measured
under this chapter,] vessel measured under this chapter that is
of United States registry or nationality, or a vessel operated
under the authority of the United States, the Secretary also
shall measure the vessel under chapter 145 of this title. The
tonnages determined under that chapter shall be used in
applying--
(1) * * *
* * * * * * *
CHAPTER 145--REGULATORY MEASUREMENT
SUBCHAPTER I--GENERAL
Sec.
14501. Application.
* * * * * * *
SUBCHAPTER II--FORMAL SYSTEMS
14511. Application.
* * * * * * *
14514. Reciprocity for foreign vessels.
* * * * * * *
SUBCHAPTER I--GENERAL
Sec. 14501. Application
This chapter applies to the following:
[(1) a vessel not measured under chapter 143 of this
title if--
[(A) the vessel is to be documented under
chapter 121 of this title; or
[(B) the application of a law of the United
States to the vessel depends on the vessel's
tonnage.]
(1) A vessel not measured under chapter 143 of this
title if the application of an international agreement
or other law of the United States to the vessel depends
on the vessel's tonnage.
(2) [a vessel] A vessel measured under chapter 143 of
this title if the owner requests that the vessel also
be measured under this chapter as provided in section
14305 of this title.
* * * * * * *
Sec. 14503. Certificate of measurement
(a) The Secretary shall prescribe the certificate to be
issued as evidence of a vessel's measurement under this
chapter.
(b) The certificate shall be maintained as required by the
Secretary.
* * * * * * *
SUBCHAPTER II--FORMAL SYSTEMS
* * * * * * *
Sec. 14513. Dual tonnage measurement
(a) * * *
* * * * * * *
(c)(1) If a [vessel's tonnage mark is below the uppermost
part of the load line marks,] vessel is assigned two sets of
gross and net tonnages under this section, each certificate
stating the vessel's tonnages shall state the gross and net
tonnages when the vessel's tonnage mark is submerged and when
it is not submerged.
(2) Except as provided in paragraph (1) of this subsection, a
certificate stating a vessel's tonnages may state only one set
of gross and net tonnages[.] as assigned under this section.
Sec. 14514. Reciprocity for foreign vessels
For a foreign vessel not measured under chapter 143, if the
Secretary finds that the laws and regulations of a foreign
country related to measurement of vessels are substantially
similar to those of this chapter and the regulations prescribed
under this chapter, the Secretary may accept the measurement
and certificate of a vessel of that foreign country as
complying with this chapter and the regulations prescribed
under this chapter.
* * * * * * *
Subtitle VII--Security and Drug Enforcement
Chapter Sec.
Port Security...............................................70101
* * * * * * *
Maritime Law Enforcement.....................................70701
CHAPTER 701--PORT SECURITY
Sec.
70101. Definitions.
* * * * * * *
[70110. Actions and assistance for foreign ports and United States
territories.]
70110. Actions and assistance for foreign ports or facilities and
United States territories.
* * * * * * *
[70117. Firearms, arrests, and seizure of property.]
* * * * * * *
Sec. 70105. Transportation security cards
(a) * * *
* * * * * * *
(c) Determination of Terrorism Security Risk.--
(1) * * *
* * * * * * *
(3) Denial of waiver review.--
(A) * * *
* * * * * * *
(C) Classified evidence.--The Secretary, in
consultation with the [National Intelligence
Director] Director of National Intelligence,
shall issue regulations to establish procedures
by which the Secretary, as part of a review
conducted under this paragraph, may provide to
the individual adversely affected by the
determination an unclassified summary of
classified evidence upon which the denial of a
waiver by the Secretary was based.
* * * * * * *
Sec. 70106. Maritime safety and security teams
(a) * * *
* * * * * * *
[(c) Coordination With Other Agencies.--To the maximum extent
feasible, each maritime safety and security team shall
coordinate its activities with other Federal, State, and local
law enforcement and emergency response agencies.]
(c) Maritime Security Response Teams.--
(1) In general.--In addition to the maritime safety
and security teams, the Secretary shall establish no
less than two maritime security response teams to act
as the Coast Guard's rapidly deployable
counterterrorism and law enforcement response units
that can apply advanced interdiction skills in response
to threats of maritime terrorism.
(2) Minimization of response time.--The maritime
security response teams shall be stationed in such a
way to minimize, to the extent practicable, the
response time to any reported maritime terrorist
threat.
(d) Coordination with Other Agencies.--To the maximum extent
feasible, each maritime safety and security team and maritime
security response team shall coordinate its activities with
other Federal, State, and local law enforcement and emergency
response agencies.
* * * * * * *
Sec. 70110. Actions and assistance for foreign ports or facilities and
United States territories
(a) In General.--If the Secretary finds that a foreign port
or facility does not maintain effective antiterrorism measures,
the Secretary--
(1) may prescribe conditions of entry into the United
States for any vessel arriving from that port or
facility, or any vessel carrying cargo or passengers
originating from or transshipped through that port or
facility;
(2) may deny entry into the United States to any
vessel that does not meet such conditions; and
(3) shall provide public notice for passengers of the
ineffective antiterrorism measures.
(b) Effective Date for Sanctions.--Any action taken by the
Secretary under subsection (a) for a particular port or
facility shall take effect--
(1) 90 days after the government of the foreign
country with jurisdiction over or control of that port
or facility is notified under section 70109 unless the
Secretary finds that the government has brought the
antiterrorism measures at the port or facility up to
the security level the Secretary used in making an
assessment under section 70108 before the end of that
90-day period; or
(2) immediately upon the finding of the Secretary
under subsection (a) if the Secretary finds, after
consulting with the Secretary of State, that a
condition exists that threatens the safety or security
of passengers, vessels, or crew traveling to or from
the port or facility.
(c) State Department To Be Notified.--The Secretary
immediately shall notify the Secretary of State of a finding
that a port or facility does not maintain effective
antiterrorism measures.
(d) Action Canceled.--An action required under this section
is no longer required if the Secretary decides that effective
antiterrorism measures are maintained at the port or facility.
(e) Assistance for Foreign [Ports] Ports, Facilities, and
United States Territories.--
(1) In general.--The Secretary, in consultation with
the Secretary of Transportation, the Secretary of
State, and the Secretary of Energy, shall identify
assistance programs that could facilitate
implementation of port or facility security
antiterrorism measures in foreign countries and
territories of the United States. [The Secretary shall
establish a program to utilize the programs that are
capable of implementing port security antiterrorism
measures at ports in foreign countries and territories
of the United States that the Secretary finds to lack
effective antiterrorism measures.] The Secretary shall
establish a strategic plan to utilize those assistance
programs to assist ports and facilities that are found
by the Secretary under subsection (a) not to maintain
effective antiterrorism measures in the implementation
of port security antiterrorism measures.
(2) Caribbean basin.--The Secretary, in coordination
with the Secretary of State and in consultation with
the Organization of American States and the Commandant
of the Coast Guard, shall place particular emphasis on
utilizing programs to facilitate the implementation of
port or facility security antiterrorism measures at the
ports located in the Caribbean Basin, as such ports
pose unique security and safety threats to the United
States due to--
(A) * * *
* * * * * * *
(f) Coast Guard Assistance Program.--
(1) In general.--The Secretary may lend, lease,
donate, or otherwise provide equipment, and provide
technical training and support, to the owner or
operator of a foreign port or facility--
(A) to assist in bringing the port or
facility into compliance with applicable
International Ship and Port Facility Code
standards;
(B) to assist the port or facility in meeting
standards established under section 70109A of
this chapter; and
(C) to assist the port or facility in
exceeding the standards described in
subparagraphs (A) and (B).
(2) Conditions.--The Secretary--
(A) shall provide such assistance based upon
an assessment of the risks to the security of
the United States and the inability of the
owner or operator of the port or facility
otherwise to bring the port or facility into
compliance with those standards and to maintain
compliance with them;
(B) may not provide such assistance unless
the port or facility has been subjected to a
comprehensive port security assessment by the
Coast Guard or a third party entity certified
by the Secretary under section 70110A(b) to
validate foreign port or facility compliance
with International Ship and Port Facility Code
standards; and
(C) may only lend, lease, or otherwise
provide equipment that the Secretary has first
determined is not required by the Coast Guard
for the performance of its missions.
* * * * * * *
[Sec. 70117. Firearms, arrests, and seizure of property
[Subject to guidelines approved by the Secretary, members of
the Coast Guard may, in the performance of official duties--
[(1) carry a firearm; and
[(2) while at a facility--
[(A) make an arrest without warrant for any
offense against the United States committed in
their presence; and
[(B) seize property as otherwise provided by
law.]
* * * * * * *
CHAPTER 705--MARITIME DRUG LAW ENFORCEMENT
* * * * * * *
Sec. 70506. Penalties
(a) * * *
* * * * * * *
(c) Simple Possession.--
(1) In general.--Any individual on a vessel subject
to the jurisdiction of the United States who is found
by the Secretary, after notice and an opportunity for a
hearing, to have knowingly or intentionally possessed a
controlled substance within the meaning of the
Controlled Substances Act (21 U.S.C. 812) shall be
liable to the United States for a civil penalty of not
to exceed $10,000 for each violation. The Secretary
shall notify the individual in writing of the amount of
the civil penalty.
(2) Determination of amount.--In determining the
amount of the penalty, the Secretary shall consider the
nature, circumstances, extent, and gravity of the
prohibited acts committed and, with respect to the
violator, the degree of culpability, any history of
prior offenses, ability to pay, and other matters that
justice requires.
(3) Treatment of civil penalty assessment.--
Assessment of a civil penalty under this subsection
shall not be considered a conviction for purposes of
State or Federal law but may be considered proof of
possession if such a determination is relevant.
* * * * * * *
CHAPTER 707--MARITIME LAW ENFORCEMENT
Sec.
70701. Offense.
70702. Attempt or conspiracy.
70703. Affirmative defenses.
70704. Penalties.
70705. Criminal forfeiture.
70706. Civil forfeiture.
70707. Extension beyond territorial jurisdiction.
70708. Claim of failure to comply with international law; jurisdiction
of court.
70709. Federal activities.
70710. Definitions.
Sec. 70701. Offense
It shall be unlawful for any person on board a covered vessel
to transport or facilitate the transportation, harboring, or
concealment of an alien on board such vessel knowing or having
reason to believe that the alien is attempting to unlawfully
enter the United States.
Sec. 70702. Attempt or conspiracy
Any person on board a covered vessel who attempts or
conspires to commit a violation of section 70701 shall be
subject to the same penalties as those prescribed for the
violation, the commission of which was the object of the
attempt or conspiracy.
Sec. 70703. Affirmative defenses
It is an affirmative defense to a prosecution under this
section, which the defendant must prove by a preponderance of
the evidence, that--
(1)(A) the alien was on board pursuant to a rescue at
sea, or was a stowaway; or
(B) the entry into the United States was a necessary
response to an imminent threat of death or serious
bodily injury to the alien;
(2) the defendant, as soon as reasonably practicable,
informed the Coast Guard of the presence of the alien
on the vessel and the circumstances of the rescue; and
(3) the defendant complied with all orders given by
law enforcement officials of the United States.
Sec. 70704. Penalties
Any person who commits a violation of this chapter shall be
imprisoned for not less than 3 nor more than 20 years or fined
not more than $100,000, or both; except that--
(1) in any case in which the violation causes serious
bodily injury to any person, regardless of where the
injury occurs, the person shall be imprisoned for not
less than 7 nor more than 30 years or fined not more
than $500,000, or both; and
(2) in any case in which the violation causes or
results in the death of any person regardless of where
the death occurs, the person shall be imprisoned for
not less than 10 years nor more than life or fined not
more than $1,000,000, or both.
Sec. 70705. Criminal forfeiture
The court, at the time of sentencing a person convicted of an
offense under this chapter, shall order forfeited to the United
States any vessel used in the offense in the same manner and to
the same extent as if it were a vessel used in an offense under
section 274 of the Immigration and Nationality Act (8 U.S.C.
1324).
Sec. 70706. Civil forfeiture
A vessel that has been used in the commission of a violation
of this chapter shall be seized and subject to forfeiture in
the same manner and to the same extent as if it were used in
the commission of a violation of section 274(a) of the
Immigration and Nationality Act (8 U.S.C. 1324(a)).
Sec. 70707. Extension beyond territorial jurisdiction
Sections 70701 and 70702 apply even though the act is
committed outside the territorial jurisdiction of the United
States.
Sec. 70708. Claim of failure to comply with international law;
jurisdiction of court
A claim of failure to comply with international law in the
enforcement of this chapter may be invoked as a basis for a
defense solely by a foreign nation. A failure to comply with
international law shall not divest a court of jurisdiction or
otherwise constitute a defense to any proceeding under this
chapter.
Sec. 70709. Federal activities
Nothing in this chapter applies to otherwise lawful
activities carried out by or at the direction of the United
States Government.
Sec. 70710. Definitions
In this chapter, the following definitions apply:
(1) Alien.--The term ``alien'' has the meaning given
that term in section 70105(f).
(2) Covered vessel.--The term ``covered vessel''
means a vessel of the United States, or a vessel
subject to the jurisdiction of the United States, that
is less than 300 gross tons (or an alternate tonnage
prescribed by the Secretary under section 14104 of this
title) as measured under section 14502 of this title.
(3) Serious bodily injury.--The term ``serious bodily
injury'' has the meaning given that term in section
1365 of title 18, United States Code.
(4) United states.--The term ``United States'' has
the meaning given that term is section 114.
(5) Vessel of the united states.--The term ``vessel
of the United States'' has the meaning given that term
in section 70502.
(6) Vessel subject to the jurisdiction of the united
states.--The term ``vessel subject to the jurisdiction
of the United States'' has the meaning given that term
in section 70502.
* * * * * * *
Subtitle VIII--Miscellaneous
* * * * * * *
CHAPTER 801--WRECKS AND SALVAGE
Sec.
80101. Vessel stranded on foreign coast.
[80102. License to salvage on Florida coast.]
* * * * * * *
[Sec. 80102. License to salvage on Florida coast
[(a) Licensing Requirements.--To be regularly employed in the
business of salvaging on the coast of Florida, a vessel and its
master each must have a license issued by a judge of the
district court of the United States for a judicial district of
Florida.
[(b) Judicial Findings.--Before issuing a license under this
section, the judge must be satisfied, when the license is for--
[(1) a vessel, that the vessel is seaworthy and
properly equipped for the business of saving property
shipwrecked and in distress; or
[(2) a master, that the master is trustworthy and
innocent of any fraud or misconduct related to property
shipwrecked or saved on the coast.]
* * * * * * *
----------
AMERICAN FISHERIES ACT
TITLE II--FISHERIES
Subtitle I--Fishery Endorsements
* * * * * * *
SEC. 203. ENFORCEMENT OF STANDARD.
(a) * * *
* * * * * * *
(g) Certain Vessels.--The vessels EXCELLENCE (United States
official number 967502), GOLDEN ALASKA (United States official
number 651041) and, OCEAN PHOENIX (United States official
number 296779)[, NORTHERN TRAVELER (United States official
number 635986), and NORTHERN VOYAGER (United States official
number 637398) (or a replacement vessel for the NORTHERN
VOYAGER that complies with paragraphs (2), (5), and (6) of
section 208(g) of this Act)] shall be exempt from section
12102(c), as amended by this Act, until such time after October
1, 2001 as more than 50 percent of the interest owned and
controlled in the vessel changes, provided that the vessel
maintains eligibility for a fishery endorsement under the
federal law that was in effect the day before the date of the
enactment of this Act, and unless[, in the case of the NORTHERN
TRAVELER or the NORTHERN VOYAGER (or such replacement), the
vessel is used in any fishery under the authority of a regional
fishery management council other than the New England Fishery
Management Council or Mid-Atlantic Fishery Management Council
established, respectively, under subparagraphs (A) and (B) of
section 302(a)(1) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1852(a)(1) (A) and (B)), or in
the case of the EXCELLENCE, GOLDEN ALASKA, or OCEAN PHOENIX,]
the vessel is used to harvest any fish.
* * * * * * *
Subtitle II--Bering Sea Pollock Fishery
* * * * * * *
SEC. 208. ELIGIBLE VESSELS AND PROCESSORS.
(a) * * *
* * * * * * *
[(g) Replacement Vessels.--In the event of the actual total
loss or constructive total loss of a vessel eligible under
subsections (a), (b), (c), (d), or (e), the owner of such
vessel may replace such vessel with a vessel which shall be
eligible in the same manner under that subsection as the
eligible vessel, provided that--
[(1) such loss was caused by an act of God, an act of
war, a collision, an act or omission of a party other
than the owner or agent of the vessel, or any other
event not caused by the willful misconduct of the owner
or agent;
[(2) the replacement vessel was built in the United
States and if ever rebuilt, was rebuilt in the United
States;
[(3) the fishery endorsement for the replacement
vessel is issued within 36 months of the end of the
last year in which the eligible vessel harvested or
processed pollock in the directed pollock fishery;
[(4) if the eligible vessel is greater than 165 feet
in registered length, of more than 750 gross registered
tons (as measured under chapter 145 of title 46) or
1,900 gross registered tons as measured under chapter
143 of that title), or has engines capable of producing
more than 3,000 shaft horsepower, the replacement
vessel is of the same or lesser registered length,
gross registered tons, and shaft horsepower;
[(5) if the eligible vessel is less than 165 feet in
registered length, of fewer than 750 gross registered
tons, and has engines incapable of producing less than
3,000 shaft horsepower, the replacement vessel is less
than each of such thresholds and does not exceed by
more than 10 percent the registered length, gross
registered tons or shaft horsepower of the eligible
vessel; and
[(6) the replacement vessel otherwise qualifies under
federal law for a fishery endorsement, including under
section 12102(c) of title 46, United States Code, as
amended by this Act.]
(g) Vessel Rebuilding and Replacement.--
(1) In general.--
(A) Rebuild or replace.--Notwithstanding any
limitation to the contrary on replacing,
rebuilding, or lengthening vessels or
transferring permits or licenses to a
replacement vessel contained in sections 679.2
and 679.4 of title 50, Code of Federal
Regulations, as in effect on the date of
enactment of the Coast Guard Authorization Act
of 2007 and except as provided in paragraph
(4), the owner of a vessel eligible under
subsection (a), (b), (c), (d), or (e) (other
than paragraph (21)), in order to improve
vessel safety and operational efficiencies
(including fuel efficiency), may rebuild or
replace that vessel (including fuel efficiency)
with a vessel documented with a fishery
endorsement under section 12113 of title 46,
United States Code.
(B) Same requirements.--The rebuilt or
replacement vessel shall be eligible in the
same manner and subject to the same
restrictions and limitations under such
subsection as the vessel being rebuilt or
replaced.
(C) Transfer of permits and licenses.--Each
fishing permit and license held by the owner of
a vessel or vessels to be rebuilt or replaced
under subparagraph (A) shall be transferred to
the rebuilt or replacement vessel.
(2) Recommendations of north pacific council.--The
North Pacific Council may recommend for approval by the
Secretary such conservation and management measures,
including size limits and measures to control fishing
capacity, in accordance with the Magnuson-Stevens Act
as it considers necessary to ensure that this
subsection does not diminish the effectiveness of
fishery management plans of the Bering Sea and Aleutian
Islands Management Area or the Gulf of Alaska.
(3) Special rule for replacement of certain
vessels.--
(A) In general.--Notwithstanding the
requirements of subsections (b)(2), (c)(1), and
(c)(2) of section 12113 of title 46, United
States Code, a vessel that is eligible under
subsection (a), (b), (c), (d), or (e) (other
than paragraph (21)) and that qualifies to be
documented with a fishery endorsement pursuant
to section 203(g) or 213(g) may be replaced
with a replacement vessel under paragraph (1)
if the vessel that is replaced is validly
documented with a fishery endorsement pursuant
to section 203(g) or 213(g) before the
replacement vessel is documented with a fishery
endorsement under section 12113 of title 46,
United States Code.
(B) Applicability.--A replacement vessel
under subparagraph (A) and its owner and
mortgagee are subject to the same limitations
under section 203(g) or 213(g) that are
applicable to the vessel that has been replaced
and its owner and mortgagee.
(4) Special rules for certain catcher vessels.--
(A) In general.--A replacement for a covered
vessel described in subparagraph (B) is
prohibited from harvesting fish in any fishery
(except for the Pacific whiting fishery)
managed under the authority of any regional
fishery management council (other than the
North Pacific Council) established under
section 302(a) of the Magnuson-Stevens Act.
(B) Covered vessels.--A covered vessel
referred to in subparagraph (A) is--
(i) a vessel eligible under
subsection (a), (b), or (c) that is
replaced under paragraph (1); or
(ii) a vessel eligible under
subsection (a), (b), or (c) that is
rebuilt to increase its registered
length, gross tonnage, or shaft
horsepower.
(5) Limitation on fishery endorsements.--Any vessel
that is replaced under this subsection shall thereafter
not be eligible for a fishery endorsement under section
12113 of title 46, United States Code, unless that
vessel is also a replacement vessel described in
paragraph (1).
(6) Gulf of alaska limitation.--Notwithstanding
paragraph (1), the Secretary shall prohibit from
participation in the groundfish fisheries of the Gulf
of Alaska any vessel that is rebuilt or replaced under
this subsection and that exceeds the maximum length
overall specified on the license that authorizes
fishing for groundfish pursuant to the license
limitation program under part 679 of title 50, Code of
Federal Regulations, as in effect on the date of
enactment of the Coast Guard Authorization Act of 2007.
(7) Authority of pacific council.--Nothing in this
section shall be construed to diminish or otherwise
affect the authority of the Pacific Council to
recommend to the Secretary conservation and management
measures to protect fisheries under its jurisdiction
(including the Pacific whiting fishery) and
participants in such fisheries from adverse impacts
caused by this Act.
* * * * * * *
SEC. 210. FISHERY COOPERATIVE LIMITATIONS.
(a) * * *
(b) Catcher Vessels Onshore.--
(1) Catcher vessel cooperatives.--Effective January
1, 2000, upon the filing of a contract implementing a
fishery cooperative under subsection (a) which--
(A) * * *
* * * * * * *
the Secretary shall allow only such catcher vessels
(and catcher vessels whose owners voluntarily
participate pursuant to paragraph (2)) to harvest the
aggregate percentage of the directed fishing allowance
under section 206(b)(1) in the year in which the
fishery cooperative will be in effect that is
equivalent to the aggregate total amount of pollock
harvested by such catcher vessels (and by such catcher
vessels whose owners voluntarily participate pursuant
to paragraph (2)) in the directed pollock fishery for
processing by the inshore component during 1995, 1996,
and 1997 relative to the aggregate total amount of
pollock harvested in the directed pollock fishery for
processing by the inshore component during such years
and shall prevent such catcher vessels (and catcher
vessels whose owners voluntarily participate pursuant
to paragraph (2)) from harvesting in aggregate in
excess of such percentage of such directed fishing
allowance.
* * * * * * *
(7) Fishery cooperative exit provisions.--
(A) Fishing allowance determination.--For
purposes of determining the aggregate
percentage of directed fishing allowances under
paragraph (1), when a catcher vessel is removed
from the directed pollock fishery, the fishery
allowance for pollock for the vessel being
removed--
(i) shall be based on the catch
history determination for the vessel
made pursuant to section 679.62 of
title 50, Code of Federal Regulations,
as in effect on the date of enactment
of the Coast Guard Authorization Act of
2007; and
(ii) shall be assigned, for all
purposes under this title, in the
manner specified by the owner of the
vessel being removed to any other
catcher vessel or among other catcher
vessels participating in the fishery
cooperative if such vessel or vessels
remain in the fishery cooperative for
at least one year after the date on
which the vessel being removed leaves
the directed pollock fishery.
(B) Eligibility for fishery endorsement.--
Except as provided in subparagraph (C), a
vessel that is removed pursuant to this
paragraph shall be permanently ineligible for a
fishery endorsement, and any claim (including
relating to catch history) associated with such
vessel that could qualify any owner of such
vessel for any permit to participate in any
fishery within the exclusive economic zone of
the United States shall be extinguished, unless
such removed vessel is thereafter designated to
replace a vessel to be removed pursuant to this
paragraph.
(C) Limitations on statutory construction.--
Nothing in this paragraph shall be construed--
(i) to make the vessels AJ (United
States official number 905625), DONA
MARTITA (United States official number
651751), NORDIC EXPLORER (United States
official number 678234), and PROVIDIAN
(United States official number 1062183)
ineligible for a fishery endorsement or
any permit necessary to participate in
any fishery under the authority of the
New England Fishery Management Council
or the Mid-Atlantic Fishery Management
Council established, respectively,
under subparagraphs (A) and (B) of
section 302(a)(1) of the Magnuson-
Stevens Act; or
(ii) to allow the vessels referred to
in clause (i) to participate in any
fishery under the authority of the
Councils referred to in clause (i) in
any manner that is not consistent with
the fishery management plan for the
fishery developed by the Councils under
section 303 of the Magnuson-Stevens
Act.
* * * * * * *
----------
SECTION 4 OF THE ACT OF JULY 5, 1884
(Commonly known as the Rivers and Harbors Appropriation Act of 1884)
Sec. 4. (a) * * *
(b) No taxes, tolls, operating charges, fees, or any other
impositions whatever shall be levied upon or collected from any
vessel or other water craft, or from its passengers or crew, by
any non-Federal interest, if the vessel or water craft is
operating on any navigable waters subject to the authority of
the United States, or under the right to freedom of navigation
on those waters, except for--
(1) * * *
(2) reasonable fees charged on a fair and equitable
basis that--
(A) * * *
* * * * * * *
(C) do not impose more than a small burden on
interstate or foreign commerce; [or]
(3) property taxes on vessels or watercraft, other
than vessels or watercraft that are primarily engaged
in foreign commerce if those taxes are permissible
under the United States Constitution[.]; or
(4) sales taxes on goods and services provided to or
by vessels or watercraft (other than vessels or
watercraft primarily engaged in foreign commerce).
----------
SECTION 7 OF THE RIVERS AND HARBORS APPROPRIATIONS ACT OF 1915
Sec. 7. [That the] (a) In General.--The Secretary of Homeland
Security is hereby authorized, empowered, and directed to
define and establish anchorage grounds for vessels in all
harbors, rivers, bays, and other navigable waters of the United
States whenever it is manifest to the said Secretary that the
maritime or commercial interests of the United States require
such anchorage grounds for safe navigation and the
establishment of such anchorage grounds shall have been
recommended by the Chief of Engineers, and to adopt suitable
rules and regulations in relation thereto; and such rules and
regulations shall be enforced by the Revenue-Cutter Service
under the direction of the Secretary of the Treasury: Provided,
That at ports or places where there is no revenue cutter
available such rules and regulations may be enforced by the
Chief of Engineers under the direction of the Secretary of
Homeland Security. In the event of the violation of any such
rules and regulations by the owner, master, or person in charge
of any vessel, such owner, master, or person in charge of such
vessel shall be liable to a penalty of [$100; and the] up to
$10,000. Each day during which a violation continues shall
constitute a separate violation. The said vessel may be holden
for the payment of such penalty, and may be seized and
proceeded against summarily by libel for the recovery of the
same in any United States district court for the district
within which such vessel may be and in the name of the officer
designated by the Secretary of Homeland Security.
(b) Definition.--As used in this section ``navigable waters
of the United States'' includes all waters of the territorial
sea of the United States as described in Presidential
Proclamation No. 5928 of December 27, 1988.
----------
OIL POLLUTION ACT OF 1990
* * * * * * *
SEC. 2. TABLE OF CONTENTS.
The contents of this Act are as follows:
* * * * * * *
TITLE VII--OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM
Sec. 7001. Oil pollution research and development program.
Sec. 7002. Submerged oil program.
* * * * * * *
TITLE I--OIL POLLUTION LIABILITY AND COMPENSATION
* * * * * * *
SEC. 1004. LIMITS ON LIABILITY.
(a) General Rule.--Except as otherwise provided in this
section, the total of the liability of a responsible party
under section 1002 and any removal costs incurred by, or on
behalf of, the responsible party, with respect to each incident
shall not exceed--
(1) * * *
(2) for any other vessel, $950 per gross ton or
$800,000[,], whichever is greater;
* * * * * * *
(d) Adjusting Limits of Liability.--
(1) * * *
(2) Deepwater ports and associated vessels.--
(A) * * *
* * * * * * *
(D) The Secretary may establish, by
regulation, a limit of liability of not less
than $12,000,000 for a deepwater port used only
in connection with transportation of natural
gas.
* * * * * * *
SEC. 1012. USES OF THE FUND.
(a) * * *
* * * * * * *
(h) Period of Limitations for Claims.--
(1) Removal costs.--No claim may be presented under
this title for recovery of removal costs for an
incident unless the claim is presented within [6] 3
years after the date of completion of all removal
actions for that incident.
* * * * * * *
----------
COAST GUARD AUTHORIZATION ACT OF 1996
* * * * * * *
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
* * * * * * *
Sec. 103. Quarterly [reports] report on drug interdiction.
* * * * * * *
TITLE XI--MISCELLANEOUS
* * * * * * *
SEC. 1120. DOCUMENTATION OF CERTAIN VESSELS.
(a) * * *
* * * * * * *
(c) Certificates of Documentation for Gallant Lady.--
(1) In general.--Notwithstanding section 27 of the
Merchant Marine Act, 1920 (46 App. U.S.C. 883), section
8 of the Act of June 19, 1886 (24 Stat. 81, chapter
421; 46 App. U.S.C. 289), and section 12106 of title
46, United States Code, and subject to paragraph (2),
the Secretary [of Transportation] of the department in
which the Coast Guard is operating may issue a
certificate of documentation with an appropriate
endorsement for employment in coastwise trade for each
of the following vessels:
[(A) GALLANT LADY (Feadship hull number 645,
approximately 130 feet in length).]
(A) the vessel GALLANT LADY (Feadship hull
number 672, approximately 168 feet in length).
* * * * * * *
[(3) Condition.--The Secretary may not issue a
certificate of documentation for a vessel under
paragraph (1) unless, not later than 90 days after the
date of enactment of this Act, the owner of the vessel
referred to in paragraph (1)(B) submits to the
Secretary a letter expressing the intent of the owner
to, before April 1, 1998, enter into a contract for the
construction in the United States of a passenger vessel
of at least 130 feet in length.
[(4) Effective date of certificates.--A certificate
of documentation issued under paragraph (1) shall take
effect--
[(A) for the vessel referred to in paragraph
(1)(A), on the date of the issuance of the
certificate; and
[(B) for the vessel referred to in paragraph
(1)(B), on the date of delivery of the vessel
to the owner.]
[(5)] (3) Termination of effectiveness of
certificates.--A certificate of documentation issued
for a vessel under paragraph (1) shall expire[--
[(A) on the date of the sale of the vessel by
the owner;
[(B) on April 1, 1998, if the owner of the
vessel referred to in paragraph (1)(B) has not
entered into a contract for construction of a
vessel in accordance with the letter of intent
submitted to the Secretary under paragraph (3);
or
[(C) on such date as a contract referred to
in paragraph (2) is breached, rescinded, or
terminated (other than for completion of
performance of the contract) by the owner of
the vessel referred to in paragraph (1)(B).] on
the date of the sale of the vessel by the
owner.
* * * * * * *
----------
COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2006
* * * * * * *
TITLE III--SHIPPING AND NAVIGATION
* * * * * * *
SEC. 311. INTERNATIONAL TONNAGE MEASUREMENT OF VESSELS ENGAGED IN THE
ALEUTIAN TRADE.
(a) * * *
(b) Other Inspection Exemption and Watch Requirement.--
Paragraphs (3)(B) and (4) of section 3302(c) of title 46,
United States Code, and paragraphs (1) and (2) of section
8104(o) of that title are each amended by striking ``or an
alternate tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this title''
and inserting ``or less than 500 gross tons as measured under
section 14502 of this title, or is less than 2,500 gross tons
as measured under section 14302 of this title''.
* * * * * * *
TITLE VI--DELAWARE RIVER PROTECTION AND MISCELLANEOUS OIL PROVISIONS
* * * * * * *
SEC. 603. LIMITS ON LIABILITY.
(a) Adjustment of Liability Limits.--
(1) * * *
(2) Other vessels.--Section 1004(a)(2) of such Act
([33 U.S.C. 2794(a)(2)] 33 U.S.C. 2704(a)(2)) is
amended--
(A) * * *
* * * * * * *
TITLE IX--TECHNICAL CORRECTIONS
SEC. 901. MISCELLANEOUS TECHNICAL CORRECTIONS.
(a) * * *
* * * * * * *
(r) Corrections to Dingell-Johnson Sport Fish Restoration
Act.--
(1) * * *
(2) Section 14.--Section 14(a)(1) of the Dingell-
Johnson Sport Fish Restoration Act (16 U.S.C.
777m(a)(1)) is amended by striking ``For each of [the]
fiscal years 2006 through 2009, not more than'' and
inserting ``Not more than''.
SEC. 902. CORRECTION OF REFERENCES TO SECRETARY OF TRANSPORTATION AND
DEPARTMENT OF TRANSPORTATION; RELATED MATTERS.
(a) * * *
* * * * * * *
(c) Public Contracts.--Section 3732 of the Revised Statutes
of the United States (41 U.S.C. 11) is amended by striking ``of
Transportation'' each place it appears and inserting ``of
Homeland Security''.
* * * * * * *
(e) Shipping.--Title 46, United State Code, is amended--
(1) in section 2109 by striking ``a Coast Guard or'';
and
(2) in section 6308--
(A) by redesignating subsections (b) and (c)
as subsections (c) and (d), respectively; [and]
* * * * * * *
[(3)] (C) in subsection (c), as redesignated
by this [section] paragraph, by striking
``subsection (a)'' and inserting ``subsections
(a) and (b)''; and
[(4)] (D) in subsection (d), as redesignated
by this [section] paragraph, by striking
``subsections (a) and (b)'' and inserting
``subsections (a), (b), and (c)''.
* * * * * * *
(h) Conservation.--
(1) Section 1029.--Section 1029(e)(2)(B) of the
[Bisti/De-Na-Zin Wilderness Expansion and Fossil
Protection] Omnibus Parks and Public Lands Management
Act of 1996 (16 U.S.C. 460kkk(e)(2)(B)) is amended by
striking ``Secretary of Transportation, to represent
the United States Coast Guard.'' and inserting
``Commandant of the Coast Guard.''.
* * * * * * *
(k) Bridges.--Section 4 of the Act of March 23, 1906,
commonly known as the General Bridge Act of 1906 (33 U.S.C.
[491)] 494), is amended by striking ``of Transportation'' each
place it appears and inserting ``of Homeland Security''.
* * * * * * *
(o) Merchant Marine Act, 1920.--Section 27 of the Merchant
Marine Act, 1920 (46 U.S.C. App. 883) is amended in the matter
following the ninth proviso (pertaining to transportation of a
foreign-flag incineration vessel) by striking ``Satisfactory
inspection shall be certified in writing by the Secretary of
Transportation'' and inserting ``Satisfactory inspection shall
be certified, in writing, by the Secretary of Homeland
Security[.]''.
* * * * * * *
----------
DEEPWATER PORT ACT OF 1974
* * * * * * *
PROCEDURE
Sec. 5. (a) * * *
* * * * * * *
(c)(1) * * *
(2) Each application shall include such financial, technical,
and other information as the Secretary deems necessary or
appropriate. Such information shall include, but need not be
limited to--
(A) * * *
* * * * * * *
(K) the nation of registry for, and the nationality
or citizenship of officers and crew serving on board,
vessels transporting natural gas that are reasonably
anticipated to be servicing the deepwater port;
* * * * * * *
----------
ACT OF OCTOBER 13, 2006
(Public Law 109-347)
AN ACT To improve maritime and cargo security through enhanced layered
defenses, and for other purposes.
* * * * * * *
TITLE VII--OTHER MATTERS
* * * * * * *
SEC. 705. PHASEOUT OF VESSELS SUPPORTING OIL AND GAS DEVELOPMENT.
(a) In General.--Notwithstanding section 12105(c) of title
46, United States Code, a foreign-flag vessel may be chartered
by, or on behalf of, a lessee to be employed for the setting,
relocation, or recovery of anchors or other mooring equipment
of a mobile offshore drilling unit that is located over the
Outer Continental Shelf (as defined in section 2(a) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)) for
operations in support of exploration, or flow-testing and
stimulation of wells, for offshore mineral or energy resources
in the Beaufort Sea or the Chukchi Sea adjacent to Alaska--
(1) * * *
(2) for an additional [2] 3-year period beginning
January 1, 2010, if the Secretary of Transportation
determines --
(A) * * *
* * * * * * *
----------
NONINDIGENOUS AQUATIC NUISANCE PREVENTION AND CONTROL ACT OF 1990
TITLE I--AQUATIC NUISANCE PREVENTION AND CONTROL
Subtitle A--General Provisions
* * * * * * *
SEC. 1002. FINDINGS AND PURPOSES.
(a) * * *
(b) Declaration of Goals and Purposes.--The objective of this
Act is to eliminate the threat and impacts of nonindigenous
aquatic nuisance species in the waters of the United States. In
order to achieve this objective, it is declared that,
consistent with the provisions of this Act--
(1) it is the national goal that ballast water
discharged into the waters of the United States will
contain no living (viable) organisms by the year 2015;
(2) it is the national policy that the introduction
of nonindigenous aquatic nuisance species in the waters
of the United States be prohibited; and
(3) it is the national policy that Federal, State,
and local governments and the private sector identify
the most effective ways to coordinate prevention
efforts, and harmonize environmentally sound methods to
prevent, detect, monitor, and control nonindigenous
aquatic nuisance species, in an expeditious manner.
[(b)] (c) Purposes.--The purposes of this Act are--
(1) to [prevent] eliminate unintentional introduction
and dispersal of nonindigenous species into waters of
the United States through ballast water treatment
management and other requirements;
(2) to coordinate federally conducted, funded or
authorized research, prevention, detection, monitoring,
control, information dissemination and other activities
regarding [the zebra mussel and other] aquatic nuisance
species;
(3) to develop and carry out environmentally sound
control methods to prevent, detect, monitor and control
unintentional introductions of nonindigenous species
[from pathways other than ballast water exchange];
(4) to understand and minimize economic and
ecological impacts of nonindigenous aquatic nuisance
species that become established[, including the zebra
mussel]; and
(5) to establish a program of research and technology
development and assistance to States in the prevention,
management, and removal of [zebra mussels] aquatic
nuisance species.
SEC. 1003. DEFINITIONS.
As used in this Act, the term--
(1) ``Administrator'' means the Administrator of the
Environmental Protection Agency;
[(1)] (2) ``aquatic nuisance species'' means a
nonindigenous species that threatens the diversity or
abundance of native species or the ecological stability
of infested waters, or commercial, agricultural,
aquacultural or recreational activities dependent on
such waters;
[(2)] (3) ``Assistant Secretary'' means the Assistant
Secretary of the Army (Civil Works);
[(3) ``ballast water'' means any water and associated
sediments used to manipulate the trim and stability of
a vessel;]
(4) ``ballast water'' means--
(A) water taken on board a vessel to control
trim, list, draught, stability, or stresses of
the vessel, including matter suspended in such
water; or
(B) any water placed into a ballast tank
during cleaning, maintenance, or other
operations;
(5) ``ballast water capacity'' means the total
volumetric capacity of any tanks, spaces, or
compartments on a vessel that is used for carrying,
loading, or discharging ballast water, including any
multi-use tank, space, or compartment designed to allow
carriage of ballast water;
(6) ``ballast water management'' means mechanical,
physical, chemical, and biological processes used,
either singularly or in combination, to remove, render
harmless, or avoid the uptake or discharge of harmful
aquatic organisms and pathogens within ballast water
and sediment;
(7) ``constructed'' means a state of construction of
a vessel at which--
(A) the keel is laid;
(B) construction identifiable with the
specific vessel begins;
(C) assembly of the vessel has begun
comprising at least 50 tons or 1 percent of the
estimated mass of all structural material of
the vessel, whichever is less; or
(D) the vessel undergoes a major conversion;
[(4)] (8) ``Director'' means the Director of the
United States Fish and Wildlife Service;
[(5)] (9) ``exclusive economic zone'' means the
Exclusive Economic Zone of the United States
established by Proclamation Number 5030, dated March
10, 1983, and the equivalent zone of Canada;
[(6)] (10) ``environmentally sound'' methods,
efforts, actions or programs means methods, efforts,
actions or programs to prevent introductions or control
infestations of aquatic nuisance species that minimize
adverse impacts to the structure and function of an
ecosystem and adverse effects on non-target organisms
and ecosystems and emphasize integrated pest management
techniques and nonchemical measures;
(11) ``foreign vessel'' has the meaning such term has
under section 110 of title 46, United States Code;
[(7)] (12) ``Great Lakes'' means Lake Ontario, Lake
Erie, Lake Huron (including Lake St. Clair), Lake
Michigan, Lake Superior, and the connecting channels
(Saint Mary's River, Saint Clair River, Detroit River,
Niagara River, and Saint Lawrence River to the
Canandian Border), and includes all other bodies of
water within the drainage basin of such lakes and
connecting channels[.];
[(8)] (13) ``Great Lakes region'' means the 8 States
that border on the Great Lakes;
[(9)] (14) ``Indian tribe'' means any Indian tribe,
band, nation, or other organized group or community,
including any Alaska Native village or regional
corporation (as defined in or established pursuant to
the Alaska Native Claims Settlement Act (43 U.S.C. 1601
et seq.)) that is recognized as eligible for the
special programs and services provided by the United
States to Indians because of their status as Indians;
[(10)] (15) ``interstate organization'' means an
entity--
(A) * * *
* * * * * * *
(16) ``major conversion'' means a conversion of a
vessel, that--
(A) changes its ballast water carrying
capacity by at least 15 percent;
(B) changes the vessel class;
(C) is projected to prolong the vessel's life
by at least 10 years (as determined by the
Secretary); or
(D) results in modifications to the vessel's
ballast water system, except--
(i) component replacement-in-kind; or
(ii) conversion of a vessel to meet
the requirements of section 1101(e);
[(11)] (17) ``nonindigenous species'' means any
species or other viable biological material that enters
an ecosystem beyond its historic range, including any
such organism transferred from one country into
another;
[(12)] (18) ``Secretary'' means the Secretary of the
department in which the Coast Guard is operating;
(19) ``sediment'' means matter that has settled out
of ballast water within a vessel;
[(13)] (20) ``Task Force'' means the Aquatic Nuisance
Species Task Force established under section 1201 of
this Act;
[(14)] (21) ``territorial sea'' means the belt of the
sea measured from the baseline of the United States
determined in accordance with international law, as set
forth in Presidential Proclamation Number 5928, dated
December 27, 1988;
[(15)] (22) ``Under Secretary'' means the Under
Secretary of Commerce for Oceans and Atmosphere;
[(17)] (23) ``unintentional introduction'' means an
introduction of nonindigenous species that occurs as
the result of activities other than the purposeful or
intentional introduction of the species involved, such
as the transport of nonindigenous species in ballast or
in water used to transport fish, mollusks or
crustaceans for aquaculture or other purposes[.];
(24) ``United States port'' means a port, river,
harbor, or offshore terminal under the jurisdiction of
the United States, including ports located in Puerto
Rico, Guam, and the United States Virgin Islands;
(25) ``vessel of the Armed Forces'' means--
(A) any vessel owned or operated by the
Department of Defense, other than a time or
voyage chartered vessel; and
(B) any vessel owned or operated by the
Department of Homeland Security that is
designated by the Secretary as a vessel
equivalent to a vessel described in
subparagraph (A);
(26) ``vessel of the United States'' has the meaning
such term has under section 116 of title 46, United
States Code;
[(16)] (27) ``waters of the United States'' means the
navigable waters and the territorial sea of the United
States; and
(28) ``waters subject to the jurisdiction of the
United States'' means navigable waters and the
territorial sea of the United States, the exclusive
economic zone, and the Great Lakes.
Subtitle B--Prevention of Unintentional Introductions of Nonindigenous
Aquatic Species
[SEC. 1101. AQUATIC NUISANCE SPECIES IN WATERS OF THE UNITED STATES.
[(a) Great Lakes Guidelines.--
[(1) In general.--Not later than 6 months after the
date of enactment of this Act, the Secretary shall
issue voluntary guidelines to prevent the introduction
and spread of aquatic nuisance species into the Great
Lakes through the exchange of ballast water of vessels
prior to entering those waters.
[(2) Content of guidelines.--The guidelines issued
under this subsection shall--
[(A) ensure to the maximum extent practicable
that ballast water containing aquatic nuisance
species is not discharged into the Great Lakes;
[(B) protect the safety of--
[(i) each vessel; and
[(ii) the crew and passengers of each
vessel;
[(C) take into consideration different vessel
operating conditions; and
[(D) be based on the best scientific
information available.
[(b) Regulations.--
[(1) In general.--Not later than 2 years after the
date of enactment of this Act, the Secretary, in
consultation with the Task Force, shall issue
regulations to prevent the introduction and spread of
aquatic nuisance species into the Great Lakes through
the ballast water of vessels.
[(2) Content of regulations.--The regulations issued
under this subsection shall--
[(A) apply to all vessels equipped with
ballast water tanks that enter a United States
port on the Great Lakes after operating on the
waters beyond the exclusive economic zone;
[(B) require a vessel to--
[(i) carry out exchange of ballast
water on the waters beyond the
exclusive economic zone prior to entry
into any port within the Great Lakes;
[(ii) carry out an exchange of
ballast water in other waters where the
exchange does not pose a threat of
infestation or spread of aquatic
nuisance species in the Great Lakes and
other waters of the United States, as
recommended by the Task Force under
section 1102(a)(1); or
[(iii) use environmentally sound
alternative ballast water management
methods if the Secretary determines
that such alternative methods are as
effective as ballast water exchange in
preventing and controlling infestations
of aquatic nuisance species;
[(C) not affect or supersede any requirements
or prohibitions pertaining to the discharge of
ballast water into waters of the United States
under the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.);
[(D) provide for sampling procedures to
monitor compliance with the requirements of the
regulations;
[(E) prohibit the operation of a vessel in
the Great Lakes if the master of the vessel has
not certified to the Secretary or the
Secretary's designee by not later than the
departure of that vessel from the first lock in
the St. Lawrence Seaway that the vessel has
complied with the requirements of the
regulations;
[(F) protect the safety of--
[(i) each vessel; and
[(ii) the crew and passengers of each
vessel;
[(G) take into consideration different
operating conditions; and
[(H) be based on the best scientific
information available.
[(3) Additional regulations.--In addition to
promulgating regulations under paragraph (1), the
Secretary, in consultation with the Task Force, shall,
not later than November 4, 1994, issue regulations to
prevent the introduction and spread of aquatic nuisance
species into the Great Lakes through ballast water
carried on vessels that enter a United States port on
the Hudson River north of the George Washington Bridge.
[(4) Education and technical assistance programs.--
The Secretary may carry out education and technical
assistance programs and other measures to promote
compliance with the regulations issued under this
subsection.
[(c) Voluntary National Guidelines.--
[(1) In general.--Not later than 1 year after the
date of enactment of the National Invasive Species Act
of 1996, and after providing notice and an opportunity
for public comment, the Secretary shall issue voluntary
guidelines to prevent the introduction and spread of
nonindigenous species in waters of the United States by
ballast water operations and other operations of
vessels equipped with ballast water tanks.
[(2) Content of guidelines.--The voluntary guidelines
issued under this subsection shall--
[(A) ensure to the maximum extent practicable
that aquatic nuisance species are not
discharged into waters of the United States
from vessels;
[(B) apply to all vessels equipped with
ballast water tanks that operate in waters of
the United States;
[(C) protect the safety of--
[(i) each vessel; and
[(ii) the crew and passengers of each
vessel;
[(D) direct a vessel that is carrying ballast
water into waters of the United States after
operating beyond the exclusive economic zone
to--
[(i) carry out the exchange of
ballast water of the vessel in waters
beyond the exclusive economic zone;
[(ii) exchange the ballast water of
the vessel in other waters where the
exchange does not pose a threat of
infestation or spread of nonindigenous
species in waters of the United States,
as recommended by the Task Force under
section 1102(a)(1); or
[(iii) use environmentally sound
alternative ballast water management
methods, including modification of the
vessel ballast water tanks and intake
systems, if the Secretary determines
that such alternative methods are at
least as effective as ballast water
exchange in preventing and controlling
infestations of aquatic nuisance
species;
[(E) direct vessels to carry out management
practices that the Secretary determines to be
necessary to reduce the probability of
unintentional nonindigenous species transfer
resulting from--
[(i) ship operations other than
ballast water discharge; and
[(ii) ballasting practices of vessels
that enter waters of the United States
with no ballast water on board;
[(F) provide for the keeping of records that
shall be submitted to the Secretary, as
prescribed by the guidelines, and that shall be
maintained on board each vessel and made
available for inspection, upon request of the
Secretary and in a manner consistent with
subsection (i), in order to enable the
Secretary to determine compliance with the
guidelines, including--
[(i) with respect to each ballast
water exchange referred to in clause
(ii), reporting on the precise location
and thoroughness of the exchange; and
[(ii) any other information that the
Secretary considers necessary to assess
the rate of effective compliance with
the guidelines;
[(G) provide for sampling procedures to
monitor compliance with the guidelines;
[(H) take into consideration--
[(i) vessel types;
[(ii) variations in the
characteristics of point of origin and
receiving water bodies;
[(iii) variations in the ecological
conditions of waters and coastal areas
of the United States; and
[(iv) different operating conditions;
[(I) be based on the best scientific
information available;
[(J) not affect or supersede any requirements
or prohibitions pertaining to the discharge of
ballast water into waters of the United States
under the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.); and
[(K) provide an exemption from ballast water
exchange requirements to passenger vessels with
operating ballast water systems that are
equipped with treatment systems designed to
kill aquatic organisms in ballast water, unless
the Secretary determines that such treatment
systems are less effective than ballast water
exchange at reducing the risk of transfers of
invasive species in the ballast water of
passenger vessels; and
[(L) not apply to crude oil tankers engaged
in the coastwise trade.
[(3) Education and technical assistance programs.--
Not later than 1 year after the date of enactment of
the National Invasive Species Act of 1996, the
Secretary shall carry out education and technical
assistance programs and other measures to encourage
compliance with the guidelines issued under this
subsection.
[(d) Report to Congress.--Not sooner than 24 months after the
date of issuance of guidelines pursuant to subsection (c) and
not later than 30 months after such date, and after
consultation with interested and affected persons, the
Secretary shall prepare and submit to Congress a report
containing the information required pursuant to paragraphs (1)
and (2) of subsection (e).
[(e) Periodic Review and Revision.--
[(1) In general.--Not later than 3 years after the
date of issuance of guidelines pursuant to subsection
(c), and not less frequently than every 3 years
thereafter, the Secretary shall, in accordance with
criteria developed by the Task Force under paragraph
(3)--
[(A) assess the compliance by vessels with
the voluntary guidelines issued under
subsection (c) and the regulations promulgated
under this Act;
[(B) establish the rate of compliance that is
based on the assessment under subparagraph (A);
[(C) assess the effectiveness of the
voluntary guidelines and regulations referred
to in subparagraph (A) in reducing the
introduction and spread of aquatic nuisance
species by vessels; and
[(D) as necessary, on the basis of the best
scientific information available--
[(i) revise the guidelines and
regulations referred to in subparagraph
(A);
[(ii) promulgate additional
regulations pursuant to subsection
(f)(1); or
[(iii) carry out each of clauses (i)
and (ii).
[(2) Special review and revision.--Not later than 90
days after the Task Force makes a request to the
Secretary for a special review and revision for coastal
and inland waterways designated by the Task Force, the
Secretary shall--
[(A) conduct a special review of guidelines
and regulations applicable to those waterways
in accordance with the review procedures under
paragraph (1); and
[(B) as necessary, in the same manner as
provided under paragraph (1)(D)--
[(i) revise those guidelines;
[(ii) promulgate additional
regulations pursuant to subsection
(f)(1); or
[(iii) carry out each of clauses (i)
and (ii).
[(3) Criteria for effectiveness.--Not later than 18
months after the date of enactment of the National
Invasive Species Act of 1996, the Task Force shall
submit to the Secretary criteria for determining the
adequacy and effectiveness of the voluntary guidelines
issued under subsection (c).
[(f) Authority of Secretary.--
[(1) General regulations.--If, on the basis of a
periodic review conducted under subsection (e)(1) or a
special review conducted under subsection (e)(2), the
Secretary determines that--
[(A) the rate of effective compliance (as
determined by the Secretary) with the
guidelines issued pursuant to subsection (c) is
inadequate; or
[(B) the reporting by vessels pursuant to
those guidelines is not adequate for the
Secretary to assess the compliance with those
guidelines and provide a rate of compliance of
vessels, including the assessment of the rate
of compliance of vessels under subsection
(e)(2),
the Secretary shall promptly promulgate regulations
that meet the requirements of paragraph (2).
[(2) Requirements for regulations.--The regulations
promulgated by the Secretary under paragraph (1)--
[(A) shall--
[(i) not be promulgated sooner than
180 days following the issuance of the
report to Congress submitted pursuant
to subsection (d);
[(ii) make mandatory the requirements
included in the voluntary guidelines
issued under subsection (c); and
[(iii) provide for the enforcement of
the regulations; and
[(B) may be regional in scope.
[(3) International regulations.--The Secretary shall
revise regulations promulgated under this subsection to
the extent required to make such regulations consistent
with the treatment of a particular matter in any
international agreement, agreed to by the United
States, governing management of the transfer of
nonindigenous aquatic species by vessel.
[(g) Sanctions.--
[(1) Civil penalties.--Any person who violates a
regulation promulgated under subsection (b) or (f)
shall be liable for a civil penalty in an amount not to
exceed $25,000. Each day of a continuing violation
constitutes a separate violation. A vessel operated in
violation of the regulations is liable in rem for any
civil penalty assessed under this subsection for that
violation.
[(2) Criminal penalties.--Any person who knowingly
violates the regulations promulgated under subsection
(b) or (f) is guilty of a class C felony.
[(3) Revocation of clearance.--Upon request of the
Secretary, the Secretary of the Treasury shall withhold
or revoke the clearance of a vessel required by section
4197 of the Revised Statutes (46 U.S.C. App. 91), if
the owner or operator of that vessel is in violation of
the regulations issued under subsection (b) or (f).
[(4) Exception to sanctions.--This subsection does
not apply to a failure to exchange ballast water if--
[(A) the master of a vessel, acting in good
faith, decides that the exchange of ballast
water will threaten the safety or stability of
the vessel, its crew, or its passengers; and
[(B) the recordkeeping and reporting
requirements of the Act are complied with.
[(h) Coordination With Other Agencies.--In carrying out the
programs under this section, the Secretary is encouraged to
use, to the maximum extent practicable, the expertise,
facilities, members, or personnel of established agencies and
organizations that have routine contact with vessels, including
the Animal and Plant Health Inspection Service of the
Department of Agriculture, the National Cargo Bureau, port
administrations, and ship pilots' associations.
[(i) Consultation With Canada, Mexico, and Other Foreign
Governments.--In developing the guidelines issued and
regulations promulgated under this section, the Secretary is
encouraged to consult with the Government of Canada, the
Government of Mexico, and any other government of a foreign
country that the Secretary, in consultation with the Task
Force, determines to be necessary to develop and implement an
effective international program for preventing the
unintentional introduction and spread of nonindigenous species.
[(j) International Cooperation.--The Secretary, in
cooperation with the International Maritime Organization of the
United Nations and the Commission on Environmental Cooperation
established pursuant to the North American Free Trade
Agreement, is encouraged to enter into negotiations with the
governments of foreign countries to develop and implement an
effective international program for preventing the
unintentional introduction and spread of nonindigenous species.
[(k) Safety Exemption.--
[(1) Master discretion.--The master of a vessel is
not required to conduct a ballast water exchange if the
master decides that the exchange would threaten the
safety or stability of the vessel, its crew, or its
passengers because of adverse weather, vessel
architectural design, equipment failure, or any other
extraordinary conditions.
[(2) Other requirements.--(A) In general.--Except as
provided in subparagraph (B), a vessel that does not
exchange ballast water on the high seas under paragraph
(1) shall not be restricted from discharging ballast
water in any harbor.
[(B) Great lakes.--Subparagraph (A) shall not apply
in a case in which a vessel is subject to the
regulations issued by the Secretary under subsection
(b).
[(3) Crude oil tanker ballast facility study.--(A)
Within 60 days of the date of enactment of this Act,
the Secretary of the department in which the Coast
Guard is operating, in consultation with the Under
Secretary of Commerce for Oceans and Atmosphere,
affected shoreside ballast water facility operators,
affected crude oil tanker operators, and interested
parties, shall initiate a study of the effectiveness of
existing shoreside ballast water facilities used by
crude oil tankers in the coastwise trade off Alaska in
preventing the introduction of nonindigenous aquatic
species into the waters off Alaska, as well as the cost
and feasibility of modifying such facilities to improve
such effectiveness.
[(B) The study required under subparagraph (A) shall
be submitted to the Congress by no later than October
1, 1997.
[(l) Non-discrimination.--The Secretary shall ensure that
vessels registered outside of the United States do not receive
more favorable treatment than vessels registered in the United
States when the Secretary performs studies, reviews compliance,
determines effectiveness, establishes requirements, or performs
any other responsibilities under this Act.]
SEC. 1101. BALLAST WATER MANAGEMENT.
(a) Vessels to Which This Section Applies.--
(1) In general.--Except as provided in paragraphs
(2), (3), (4), and (5), this section applies to a
vessel that--
(A) is designed, constructed, or adapted to
carry ballast water; and
(B)(i) is a vessel of the United States; or
(ii) is a foreign vessel that--
(I) is en route to a United States
port or place; or
(II) has departed from a United
States port or place and is within
waters subject to the jurisdiction of
the United States.
(2) Permanent ballast water vessels.--This section
does not apply to a vessel that carries all of its
permanent ballast water in sealed tanks that are not
subject to discharge.
(3) Armed forces vessels.--
(A) Exemption.--Except as provided in
subparagraph (B), this section does not apply
to a vessel of the Armed Forces.
(B) Ballast water management program.--The
Secretary and the Secretary of Defense, after
consultation with each other and with the Under
Secretary and the heads of other appropriate
Federal agencies as determined by the
Secretary, shall implement a ballast water
management program, including the issuance of
standards for ballast water exchange and
treatment and for sediment management, for
vessels of the Armed Forces under their
respective jurisdictions designed, constructed,
or adapted to carry ballast water that are--
(i) consistent with the requirements
of this section, including the
deadlines established by this section;
and
(ii) at least as stringent as the
requirements issued for such vessels
under section 312 of the Federal Water
Pollution Control Act (33 U.S.C. 1322).
(4) Special rule for small recreational vessels.--In
applying this section to recreational vessels less than
50 meters in length that have a maximum ballast water
capacity of 8 cubic meters, the Secretary may issue
alternative measures for managing ballast water in a
manner that is consistent with the requirements of this
section.
(5) Marad vessels.--Subsection (f) does not apply to
any vessel in the National Defense Reserve Fleet that
is scheduled to be disposed of through scrapping or
sinking.
(b) Uptake and Discharge of Ballast Water or Sediment.--
(1) Prohibition.--The operator of a vessel to which
this section applies may not conduct the uptake or
discharge of ballast water or sediment in waters
subject to the jurisdiction of the United States except
as provided in this section.
(2) Exceptions.--Paragraph (1) does not apply to the
uptake or discharge of ballast water or sediment in the
following circumstances:
(A) The uptake or discharge is solely for the
purpose of--
(i) ensuring the safety of the vessel
in an emergency situation; or
(ii) saving a life at sea.
(B) The uptake or discharge is accidental and
the result of damage to the vessel or its
equipment and--
(i) all reasonable precautions to
prevent or minimize ballast water and
sediment discharge have been taken
before and after the damage occurs, the
discovery of the damage, and the
discharge; and
(ii) the owner or officer in charge
of the vessel did not willfully or
recklessly cause the damage.
(C) The uptake or discharge is solely for the
purpose of avoiding or minimizing the discharge
from the vessel of pollution that would
otherwise violate applicable Federal or State
law.
(D) The uptake or discharge of ballast water
and sediment occurs at the same location where
the whole of that ballast water and that
sediment originated and there is no mixing with
ballast water and sediment from another area
that has not been managed in accordance with
the requirements of this section.
(c) Vessel Ballast Water Management Plan.--
(1) In general.--The operator of a vessel to which
this section applies shall conduct all ballast water
management operations of that vessel in accordance with
a ballast water management plan designed to minimize
the discharge of aquatic nuisance species that--
(A) meets the requirements prescribed by the
Secretary by regulation; and
(B) is approved by the Secretary.
(2) Approval criteria.--
(A) In general.--The Secretary may not
approve a ballast water management plan unless
the Secretary determines that the plan--
(i) describes in detail the actions
to be taken to implement the ballast
water management requirements
established under this section;
(ii) describes in detail the
procedures to be used for disposal of
sediment at sea and on shore in
accordance with the requirements of
this section;
(iii) describes in detail safety
procedures for the vessel and crew
associated with ballast water
management;
(iv) designates the officer on board
the vessel in charge of ensuring that
the plan is properly implemented;
(v) contains the reporting
requirements for vessels established
under this section and a copy of each
form necessary to meet those
requirements; and
(vi) meets all other requirements
prescribed by the Secretary.
(B) Foreign vessels.--The Secretary may
approve a ballast water management plan for a
foreign vessel on the basis of a certificate of
compliance with the criteria described in
subparagraph (A) issued by the vessel's country
of registration in accordance with regulations
issued by the Secretary.
(3) Copy of plan on board vessel.--The owner or
operator of a vessel to which this section applies
shall--
(A) maintain a copy of the vessel's ballast
water management plan on board at all times;
and
(B) keep the plan readily available for
examination by the Secretary and the head of
the appropriate agency of the State in which
the vessel is located at all reasonable times.
(d) Vessel Ballast Water Record Book.--
(1) In general.--The owner or operator of a vessel to
which this section applies shall maintain, in English
on board the vessel, a ballast water record book in
which each operation of the vessel involving ballast
water or sediment discharge is recorded in accordance
with regulations issued by the Secretary.
(2) Availability.--The ballast water record book--
(A) shall be kept readily available for
examination by the Secretary and the head of
the appropriate agency of the State in which
the vessel is located at all reasonable times;
and
(B) notwithstanding paragraph (1), may be
kept on the towing vessel in the case of an
unmanned vessel under tow.
(3) Retention period.--The ballast water record book
shall be retained--
(A) on board the vessel for a period of 3
years after the date on which the last entry in
the book is made; and
(B) under the control of the vessel's owner
for an additional period of 3 years.
(4) Regulations.--In the regulations issued under
this section, the Secretary shall require, at a
minimum, that--
(A) each entry in the ballast water record
book be signed and dated by the officer in
charge of the ballast water operation recorded;
(B) each completed page in the ballast water
record book be signed and dated by the master
of the vessel; and
(C) the owner or operator of the vessel
transmit such information to the Secretary
regarding the ballast operations of the vessel
as the Secretary may require.
(5) Alternative means of recordkeeping.--The
Secretary may provide, by regulation, for alternative
methods of recordkeeping, including electronic
recordkeeping, to comply with the requirements of this
subsection. Any electronic recordkeeping method
authorized by the Secretary shall support the
inspection and enforcement provisions of this Act and
shall comply with applicable standards of the National
Institute of Standards and Technology and the Office of
Management and Budget governing reliability, integrity,
identity authentication, and nonrepudiation of stored
electronic data.
(e) Ballast Water Exchange Requirements.--
(1) In general.--
(A) Requirement.--Until a vessel is required
to conduct ballast water treatment in
accordance with subsection (f), the operator of
a vessel to which this section applies may not
discharge ballast water in waters subject to
the jurisdiction of the United States, except
after--
(i) conducting ballast water exchange
as required by this subsection, in
accordance with regulations issued by
the Secretary;
(ii) using ballast water treatment
technology that meets the performance
standards of subsection (f); or
(iii) using environmentally sound
alternative ballast water treatment
technology if the Secretary determines
that such treatment technology is at
least as effective as the ballast water
exchange required by clause (i) in
preventing and controlling the
introduction of aquatic nuisance
species.
(B) Technology efficacy.--For purposes of
this paragraph, a ballast water treatment
technology shall be considered to be at least
as effective as the ballast water exchange
required by clause (i) in preventing and
controlling the introduction of aquatice
nuisance species if preliminary experiments
prior to installation of the technology aboard
the vessel demonstrate that the technology
removed or killed at least 98 percent of
organisms larger than 50 microns.
(2) Guidance; 5-year usage.--
(A) Guidance.--Not later than one year after
the date of enactment of the Ballast Water
Treatment Act of 2007, the Secretary shall
develop and issue guidance on technology that
may be used under paragraph (1)(A)(iii).
(B) 5-year usage.--The Secretary shall allow
a vessel using environmentally-sound
alternative ballast treatment technology under
paragraph (1)(A)(iii) to continue to use that
technology for 5 years after the date on which
the environmentally-sound alternative ballast
water treatment technology was first placed in
service on the vessel or the date on which
treatment requirements under subsection (f)
become applicable, whichever is later.
(3) Exchange areas.--
(A) Vessels outside the united states eez.--
The operator of a vessel en route to a United
States port or place from a port or place
outside the waters subject to the jurisdiction
of the United States shall conduct ballast
water exchange--
(i) before arriving at a United
States port or place;
(ii) at least 200 nautical miles from
the nearest point of land; and
(iii) in water at least 200 meters in
depth.
(B) Coastal voyages.--The operator of a
vessel originating from a port or place within
the United States exclusive economic zone, or
from a port within 200 nautical miles of the
United States in Canada, Mexico, or other ports
designated by the Secretary for purposes of
this section, shall conduct ballast water
exchange--
(i) at least 50 nautical miles from
the nearest point of land; and
(ii) in water at least 200 meters in
depth.
(4) Safety or stability exception.--
(A) Secretarial determination.--Paragraph (3)
does not apply to the discharge of ballast
water if the Secretary determines that
compliance with that paragraph would threaten
the safety or stability of the vessel, its
crew, or is passengers.
(B) Master of the vessel determination.--
Paragraph (3) does not apply to the discharge
of ballast water if the master of a vessel
determines that compliance with that paragraph
would threaten the safety or stability of the
vessel, its crew, or its passengers because of
adverse weather, equipment failure, or any
other relevant condition.
(C) Notification required.--Whenever the
master of a vessel is unable to comply with the
requirements of paragraph (3) because of a
determination made under subparagraph (B), the
master of the vessel shall--
(i) notify the Secretary as soon as
practicable thereafter but no later
than 24 hours after making that
determination and shall ensure that the
determination, the reasons for the
determination, and the notice are
recorded in the vessel's ballast water
record book; and
(ii) undertake ballast water exchange
in accordance with paragraph (6) if
safety or stability concerns prevent
undertaking ballast water exchange in
the alternative area.
(D) Review of circumstances.--If the master
of a vessel conducts a ballast water discharge
under the provisions of this paragraph, the
Secretary shall review the circumstances to
determine whether the discharge met the
requirements of this paragraph. The review
under this clause shall be in addition to any
other enforcement authority of the Secretary.
(5) Discharge under waiver.--
(A) Substantial business hardship waiver.--
If, because of the short length of a voyage,
the operator of a vessel is unable to discharge
ballast water in accordance with the
requirements of paragraph (3)(B) without
substantial business hardship, as determined
under regulations issued by the Secretary, the
operator may request a waiver from the
Secretary and discharge the ballast water in
accordance with paragraph (6). A request for a
waiver under this subparagraph shall be
submitted to the Secretary at such time and in
such form and manner as the Secretary may
require.
(B) Substantial business hardship.--For
purposes of subparagraph (A), the factors taken
into account in determining substantial
business hardship shall include whether--
(i) compliance with the requirements
of paragraph (3)(B) would require a
sufficiently great change in routing or
scheduling of service as to compromise
the economic or commercial viability of
the trade or business in which the
vessel is operated; or
(ii) it is reasonable to expect that
the trade or business or service
provided will be continued only if a
waiver is granted under subparagraph
(A).
(6) Permissible discharge.--
(A) In general.--The discharge of ballast
water shall be considered to be carried out in
accordance with this paragraph if it is--
(i) in an area designated for that
purpose by the Secretary, after
consultation with the Under Secretary,
the heads of other appropriate Federal
agencies as determined by the
Secretary, and representatives of any
State that may be affected by discharge
of ballast water in that area; or
(ii) into a reception facility
described in subsection (f)(2).
(B) Limitation on volume.--The volume of any
ballast water discharged under this paragraph
may not exceed the volume necessary to ensure
the safe operation of the vessel.
(7) Certain geographically limited routes.--
Notwithstanding paragraph (1), the operator of a vessel
is not required to comply with the requirements of this
subsection--
(A) if the vessel operates exclusively--
(i) within the Great Lakes; or
(ii) between or among the main group
of the Hawaiian Islands; or
(B) if the vessel operates exclusively within
any area with respect to which the Secretary
has determined, after consultation with the
Under Secretary, the Administrator, and
representatives of States the waters of which
would be affected by the discharge of ballast
water from the vessel, that the risk of
introducing aquatic nuisance species through
ballast water discharge in the areas in which
the vessel operates is insignificant.
(8) Marine sanctuaries and other prohibited areas.--A
vessel may not conduct ballast water exchange or
discharge ballast water under this subsection--
(A) within a national marine sanctuary
designated under of the National Marine
Sanctuaries Act (16 U.S.C. 1431 et seq.);
(B) in waters that are approved by the
Administrator as a nondischarge zone under
section 312(n)(7) of the Federal Water
Pollution Control Act (33 U.S.C. 1322(n)(7));
or
(C) in any other waters designated by the
Secretary, in consultation with the Under
Secretary and the Administrator.
(9) Vessels without pumpable ballast water.--
(A) Applicability of requirements.--Ballast
water exchange requirements under this
subsection shall apply to vessels that are
equipped with ballast water tanks and that
enter a port of the United States without
pumpable ballast water.
(B) Regulations.--The Secretary shall issue
regulations, not later than 180 days after the
date of enactment of the Ballast Water
Treatment Act of 2007, that are intended to
minimize the introduction of nuisance species
from vessels that enter the navigable waters
without pumpable ballast water, including the
requirements that apply under subparagraph (A),
and that are at least as stringent as the
regulations in effect on the date of enactment
such Act.
(C) Application of existing regulations.--The
regulations issued by the Secretary under this
section, as such regulations were in effect on
the day before the date of enactment of the
Ballast Water Treatment Act of 2007, shall
continue to apply to vessels without pumpable
ballast water entering or operating on the
navigable waters until the earlier of--
(i) the date on which such vessels
are required to conduct ballast water
treatment, in accordance with the
requirements of subsection (f); or
(ii) the effective date of final
regulations required under this
paragraph.
(f) Ballast Water Treatment Requirements.--
(1) Performance standards.--A vessel to which this
section applies shall conduct ballast water treatment
in accordance with the requirements of this subsection
before discharging ballast water in waters subject to
the jurisdiction of the United States so that the
ballast water discharged will contain--
(A) less than 1 living organism per 10 cubic
meters that is 50 or more micrometers in
minimum dimension;
(B) less than 1 living organism per 10
milliliters that is less than 50 micrometers in
minimum dimension and more than 10 micrometers
in minimum dimension;
(C) concentrations of indicator microbes that
are less than--
(i) 1 colony-forming unit of
toxicogenic Vibrio cholera (serotypes
O1 and O139) per 100 milliliters or
less than 1 colony-forming unit of that
microbe per gram of wet weight of
zoological samples;
(ii) 126 colony-forming units of
escherichia coli per 100 milliliters;
and
(iii) 33 colony-forming units of
intestinal enterococci per 100
milliliters; and
(D) concentrations of such additional
indicator microbes as may be specified in
regulations issued by the Secretary, after
consultation with other appropriate Federal
agencies as determined by the Secretary, that
are less than the amount specified in those
regulations.
(2) Reception facility exception.--
(A) In general.--Paragraph (1) does not apply
to a vessel that discharges ballast water
into--
(i) a land-based facility for the
reception of ballast water that meets
standards issued by the Administrator;
or
(ii) a water-based facility for the
reception of ballast water that meets
standards issued by the Secretary.
(B) Issuance of standards.--Not later than
one year after the date of enactment of the
Ballast Water Treatment Act of 2007, the
Secretary, in consultation with the heads of
other appropriate Federal agencies as
determined by the Secretary, shall issue
standards for--
(i) the reception of ballast water in
land-based and water-based reception
facilities; and
(ii) the disposal or treatment of
such ballast water in a way that does
not impair or damage the environment,
human health, property, or resources.
(3) Treatment system implementation.--Paragraph (1)
applies to a vessel to which this section applies
beginning on the date of the first dry-docking of the
vessel after December 31, 2008, but not later than
December 31, 2013.
(4) Treatment system approval required.--The operator
of a vessel to which this section applies may not use a
ballast water treatment system to comply with the
requirements of this subsection unless the system is
approved by the Secretary. The Secretary shall issue
regulations establishing a process for such approval,
after consultation with the heads of other appropriate
Federal agencies as determined by the Secretary.
(5) Reliance on certain reports, documents, and
records.--In approving a ballast water treatment system
under this subsection, the Secretary may rely on
reports, documents, and records of persons that meet
such requirements as the Secretary may prescribe.
(6) Feasibility review.--
(A) Requirement to review.--The Secretary
shall periodically conduct a review to
determine whether appropriate technologies are
available to achieve the standards set forth in
paragraph (1). In reviewing technologies under
this subparagraph, the Secretary, after
consultation with the heads of other
appropriate Federal agencies as determined by
the Secretary, shall consider--
(i) the effectiveness of a technology
in achieving the standards;
(ii) feasibility in terms of
compatibility with ship design and
operations;
(iii) safety considerations;
(iv) whether a technology has an
adverse impact on the environment; and
(v) cost effectiveness.
(B) Deadlines.--The Secretary shall--
(i) complete an initial review of
technologies under subparagraph (A)
within 12 months after the date of the
enactment of the Ballast Water
Treatment Act of 2007; and
(ii) carry out subsequent reviews of
technologies under subparagraph (A) no
later than 24 months after the date
that the previous review was completed.
(C) Delay in scheduled application.--If the
Secretary determines, on the basis of the
initial review or any subsequent review
conducted under this paragraph, that compliance
with the standards set forth in paragraph (1)
is not feasible for any class of vessels, the
Secretary shall--
(i) delay the date on which such
standards apply to that class of
vessels for a period of not more than
24 months; and
(ii) recommend action to ensure such
compliance in accordance with the
revised implementation schedule for
that class of vessels by the date
established under clause (i).
(7) Delay of application for vessel participating in
promising technology evaluations.--
(A) In general.--If a vessel participates in
a program, including the Shipboard Technology
Evaluation Program established under section
1104, using a technology approved by the
Secretary to test and evaluate promising
ballast water treatment technologies that are
likely to result in treatment technologies
achieving a standard that is the same as or
more stringent than the standard that applies
under paragraph (1) before the first date on
which paragraph (1) applies to that vessel, the
Secretary shall allow the vessel to use that
technology for a 10-year period and such vessel
shall be deemed to be in compliance with the
requirements of paragraph (1) during that 10-
year period.
(B) Vessel diversity.--The Secretary--
(i) shall seek to ensure that a wide
variety of vessel types and voyages are
included in the program; but
(ii) may not grant a delay under this
paragraph to more than 5 percent of the
vessels to which this section applies.
(C) Termination of grace period.--The
Secretary may terminate the 10-year grace
period of a vessel under subparagraph (A) if--
(i) the participation of the vessel
in the program is terminated without
the consent of the Secretary;
(ii) the vessel does not comply with
manufacturer's standards for operating
the ballast water treatment technology
used on such vessel; or
(iii) the Secretary determines that
the approved technology is
insufficiently effective or is causing
harm to the environment.
(8) Review of standards.--
(A) In general.--In December 2012 and every
third year thereafter, the Secretary shall
complete review of ballast water treatment
standards in effect under this subsection to
determine, after consultation with the
Administrator and the heads of other
appropriate Federal agencies determined by the
Secretary, if the standards under this
subsection should be revised to reduce the
amount of organisms or microbes allowed to be
discharged, taking into account improvements in
the scientific understanding of biological
processes leading to the spread of aquatic
nuisance species and improvements in ballast
water treatment technology. The Secretary shall
revise, by regulation, the requirements of this
subsection as necessary.
(B) Application of adjusted standards.--In
the regulations, the Secretary shall provide
for the prospective application of the adjusted
standards issued under this paragraph to
vessels constructed after the date on which the
adjusted standards apply and for an orderly
phase-in of the adjusted standards to existing
vessels.
(9) High-risk vessels.--
(A) Vessel list.--Not later than one year
after the date of enactment of the Ballast
Water Treatment Act of 2007, the Secretary
shall publish and regularly update a list of
vessels identified by the States that, due to
factors such as the origin of their voyages,
the frequency of their voyages, the volume of
ballast water they carry, the biological makeup
of the ballast water, and the fact that they
frequently discharge ballast water under an
exception to subsection (e), pose a high risk
of introducing aquatic nuisance species into
the waters of those States.
(B) Incentive programs.--The Secretary shall
give priority to vessels on the list for
participation in a program described in
paragraph (7). Any Federal agency, and any
State agency with respect to vessels identified
by such State to the Secretary for inclusion on
a list under subparagraph (A), may develop and
implement technology development programs or
other incentives (whether positive or negative)
in order to encourage the adoption of ballast
water treatment technology by those vessels
consistent with the requirements of this
section on an expedited basis.
(10) Nonapplicability of vessels operating
exclusively in determined area.--
(A) In general.--Except as provided in
subparagraph (D), paragraph (1) does not apply
to a vessel that operates exclusively within an
area if the Secretary has determined through a
rulemaking proceeding, after consultation with
the Administrator and the heads of other
appropriate Federal agencies as determined by
the Secretary, and representatives of States
the waters of which could be affected by the
discharge of ballast water from the vessel,
that the risk of introducing aquatic nuisance
species through ballast water discharge from
the vessel is insignificant.
(B) Certain vessels.--A vessel constructed
before January 1, 2001, that operates
exclusively within the Great Lakes shall be
presumed not to pose a significant risk of
introducing aquatic nuisance species unless the
Secretary finds otherwise in a rulemaking
proceeding under subparagraph (A).
(C) Best practices.--The Secretary shall
develop, and require a vessel exempted from
complying with the requirements of paragraph
(1) under this paragraph to follow, best
practices to minimize the spreading of aquatic
nuisance species in its operation area. The
best practices shall be developed in
consultation with the Governors of States that
may be affected.
(D) Stopping the spread of infectious
disease.--The Secretary, at the request of the
Secretary of Agriculture, shall require a
vessel to which paragraph (1) does not apply in
accordance with subparagraph (A) to have a
ballast water treatment system approved by the
Secretary under this subsection to stop the
spread of infectious diseases to plants and
animals as otherwise authorized by law.
(11) Laboratories.--The Secretary may use any
Federal, non-Federal, or foreign laboratory that meets
standards established by the Secretary for the purpose
of evaluating and certifying ballast water treatment
technologies that meet the requirements of this
subsection.
(12) Program to support the promulgation and
implementation of standards.--
(A) In general.--The Secretary, in
coordination with the Under Secretary, the Task
Force and other appropriate Federal agencies,
shall carry out a coordinated program to
support the promulgation and implementation of
standards under this subsection to prevent the
introduction and spread of aquatic invasive
species by vessels. The program established
under this section shall, at a minimum--
(i) characterize physical, chemical,
and biological harbor conditions
relevant to ballast discharge into
United States waters to inform the
design and implementation of ship
vector control technologies and
practices;
(ii) develop testing protocols for
determining the effectiveness of vessel
vector monitoring and control
technologies and practices;
(iii) demonstrate methods for
mitigating the spread of invasive
species by coastal voyages, including
exploring the effectiveness of
alternative exchange zones in the near
coastal areas and other methods
proposed to reduce transfers of
organisms;
(iv) verify the practical
effectiveness of any process for
approving a type of alternative ballast
water management as meeting standards
established under this subsection, to
ensure that the process produces
repeatable and accurate assessments of
treatment effectiveness; and
(v) evaluate the effectiveness and
residual risk and environmental impacts
associated with any standard set with
respect to the vessel pathways.
(B) Authorization of appropriations.--In
addition to other amounts authorized by this
title, to carry out this paragraph there are
authorized to be appropriated $1,500,000 to the
Secretary and $1,500,000 to the Under Secretary
for each of fiscal years 2008 through 2012.
(g) Warnings Concerning Ballast Water Uptake.--
(1) In general.--The Secretary shall notify vessel
owners and operators of any area in waters subject to
the jurisdiction of the United States in which vessels
may not uptake ballast water due to known conditions.
(2) Contents.--The notice shall include--
(A) the coordinates of the area; and
(B) if possible, the location of alternative
areas for the uptake of ballast water.
(h) Sediment Management.--
(1) In general.--The operator of a vessel to which
this section applies may not remove or dispose of
sediment from spaces designed to carry ballast water,
except--
(A) in accordance with this subsection and
the ballast water management plan approved
under subsection (c); and
(B)(i) more than 200 nautical miles from the
nearest point of land; or
(ii) into a reception facility that meets the
requirements of paragraph (3).
(2) Design requirements.--
(A) New vessels.--After December 31, 2008, a
vessel to which this section applies may not be
operated on waters subject to the jurisdiction
of the United States, unless that vessel is
designed and constructed in accordance with
regulations issued under subparagraph (C) and
in a manner that--
(i) minimizes the uptake and
entrapment of sediment;
(ii) facilitates removal of sediment;
and
(iii) provides for safe access for
sediment removal and sampling.
(B) Existing vessels.--A vessel to which this
section applies that was constructed before
January 1, 2009, shall be modified, to the
extent practicable, at the first drydocking of
the vessel after December 31 2008, but not
later than December 31, 2013, to achieve the
objectives described in subparagraph (A).
(C) Regulations.--The Secretary shall issue
regulations establishing design and
construction standards to achieve the
objectives of subparagraph (A) and providing
guidance for modifications and practices under
subparagraph (B). The Secretary shall
incorporate the standards and guidance in the
regulations governing the ballast water
management plan approved under subsection (c).
(3) Sediment reception facilities.--
(A) Standards.--The Secretary, in
consultation with the heads of other
appropriate Federal agencies as determined by
the Secretary, shall issue regulations
governing facilities for the reception of
vessel sediment from spaces designed to carry
ballast water that provide for the disposal of
such sediment in a way that does not impair or
damage the environment, human health, or
property or resources of the disposal area.
(B) Designation.--The Secretary, in
consultation with the heads of other
appropriate Federal agencies as determined by
the Secretary shall designate facilities for
the reception of vessel sediment that meet the
requirements of the regulations issued under
subparagraph (A) at ports and terminals where
ballast tanks are cleaned or repaired.
(i) Examinations and Certifications.--
(1) Initial examination.--
(A) In general.--The Secretary shall examine
vessels to which this section applies to
determine whether--
(i) there is a ballast water
management plan for the vessel that is
approved by the Secretary and a ballast
water record book on the vessel that
meets the requirements of subsection
(d);
(ii) the equipment used for ballast
water and sediment management in
accordance with the requirements of
this section and the regulations issued
under this section is installed and
functioning properly.
(B) New vessels.--For vessels constructed on
or after January 1, 2009, the Secretary shall
conduct the examination required by
subparagraph (A) before the vessel is placed in
service.
(C) Existing vessels.--For vessels
constructed before January 1, 2009, the
Secretary shall--
(i) conduct the examination required
by subparagraph (A) before the date on
which subsection (f)(1) applies to the
vessel according to the schedule in
subsection (f)(3); and
(ii) inspect the vessel's ballast
water record book required by
subsection (d).
(D) Foreign vessel.--In the case of a foreign
vessel, the Secretary shall perform the
examination required by this paragraph the
first time the vessel enters a United States
port.
(2) Subsequent examinations.--In addition to the
examination required by paragraph (1), the Secretary
shall annually examine vessels to which this section
applies, to ensure compliance with the requirements of
this section and the regulations issued under this
section.
(3) Inspection authority.--
(A) In general.--The Secretary may carry out
inspections of any vessel to which this section
applies at any time, including the taking of
ballast water samples, to ensure compliance
with this section. The Secretary shall use all
appropriate and practical measures of detection
and environmental monitoring such vessels and
shall establish adequate procedures for
reporting violations of this section and
accumulating evidence regarding such
violations.
(B) Investigations.--
(i) In general.--Upon receipt of
evidence that a violation of this
section or a regulation issued under
this section has occurred, the
Secretary shall cause the matter to be
investigated.
(ii) Issuance of subpoenas.--In an
investigation under this subparagraph,
the Secretary may issue subpoenas to
require the attendance of any witness
and the production of documents and
other evidence.
(iii) Compelling compliance with
subpoenas.--In case of refusal to obey
a subpoena issued under this
subparagraph, the Secretary may request
the Attorney General to invoke the aid
of the appropriate district court of
the United States to compel compliance.
(4) State programs.--
(A) Submission to secretary.--At any time
after the date of issuance of ballast water
treatment regulations issued under this
section, the Governor of each State desiring to
administer its own inspection and enforcement
authority for ballast water discharges within
its jurisdiction may submit to the Secretary a
complete description of the program the
Governor proposes to establish and administer
under State law. In addition, the Governor
shall submit a statement from the attorney
general that the laws of such State provide
adequate authority to carry out the described
program.
(B) Approval.--The Secretary shall approve a
program submitted under subparagraph (A),
unless the Secretary determines that adequate
resources do not exist or, in the case of
ballast water testing, that adequate scientific
expertise does not exist--
(i) to inspect, monitor, and board
any vessel to which this section
applies at any time, including the
taking and testing of ballast water
samples, to ensure the vessel's
compliance with this section;
(ii) to ensure that any ballast water
discharged within the waters subject to
the jurisdiction of the State meet the
ballast water requirements of this
section and the regulations issued
under this section, including any
revisions to such requirements and
regulations;
(iii) to establish adequate
procedures for reporting violations of
this section;
(iv) to investigate and abate
violations of this section, including
civil and criminal penalties and other
ways and means of enforcement; and
(v) to ensure that the Secretary
receives notice of each violation of
the ballast water treatment
requirements issued under this section
in an expeditious manner.
(C) Suspension of federal authorities.--Not
later than 90 days after the date on which a
State submits a program (or revision thereof)
under this paragraph, the Secretary shall
suspend its authorities under subsections (k)
and (l) in such State, unless the Secretary
determines that the State program does not meet
the requirements of this paragraph. If the
Secretary so determines, the Secretary shall
notify the State of any revisions or
modifications necessary to conform to such
requirements.
(D) Compliance.--Any State program approved
under this paragraph shall at all times be
conducted in accordance with this section and
regulations issued under this section.
(E) Withdrawal of approval.--Whenever the
Secretary determines, after public hearing,
that a State is not administering a program
approved under this paragraph in accordance
with this section and regulations issued under
this section, the Secretary shall notify the
State and, if appropriate corrective action is
not taken within a reasonable period of time
not to exceed 90 days, the Secretary shall
withdraw approval of the program. The Secretary
shall not withdraw approval of any program
unless the Secretary shall first have notified
the State, and made public, in writing, the
reasons for such withdrawal.
(F) Limitation on statutory construction.--
Nothing in this paragraph shall limit the
authority of the Secretary carry out
inspections and investigations of any vessels
under paragraph (3).
(5) Required certificate.--If, on the basis of an
initial examination under paragraph (1), the Secretary
finds that a vessel complies with the requirements of
this section and the regulations issued under this
section, the Secretary shall issue a certificate under
this paragraph as evidence of such compliance. The
certificate shall be valid for a period of not more
than 5 years, as specified by the Secretary. The
certificate or a true copy shall be maintained on board
the vessel.
(6) Notification of violations.--If the Secretary
finds, on the basis of an examination under paragraph
(1) or (2), investigation under paragraph (3), or any
other information, that a vessel is being operated in
violation of any requirement of this section or
regulation issued under this section, the Secretary
shall--
(A) notify, in writing--
(i) the master of the vessel; and
(ii) the captain of the port at the
vessel's next port of call;
(B) remove from the vessel the certificate
issued under paragraph (5);
(C) take such other action as may be
appropriate.
(7) Compliance monitoring.--
(A) In general.--The Secretary shall
establish, by regulation, sampling and other
procedures to monitor compliance with the
requirements of this section and the
regulations issued under this section.
(B) Use of markers.--The Secretary may verify
compliance with the discharge requirements of
subsection (f) and the regulations issued under
this section with respect to such requirements
through identification of markers associated
with a treatment technology's effectiveness,
such as the presence of indicators associated
with a certified treatment technology.
(8) Education and technical assistance programs.--The
Secretary may carry out education and technical
assistance programs and other measures to promote
compliance with the requirements of this section and
the regulations issued under this section.
(j) Detention of Vessels.--The Secretary, by notice to the
owner, charterer, managing operator, agent, master, or other
individual in charge of a vessel, may detain that vessel if the
Secretary has reasonable cause to believe that--
(1) the vessel is a vessel to which this section
applies; and
(2) the vessel does not comply with any requirement
of this section or regulation issued under this section
or is being operated in violation of such a requirement
or regulation.
(k) Sanctions.--
(1) Civil penalties.--Any person who violates this
section (including a regulation issued under this
section) shall be liable for a civil penalty in an
amount not to exceed $32,500. Each day of a continuing
violation constitutes a separate violation. A vessel
operated in violation of this section (including a
regulation issued under this section) is liable in rem
for any civil penalty assessed under this subsection
for that violation.
(2) Criminal penalties.--Whoever knowingly violates
this section (including a regulation issued under this
section) shall be fined under title 18, United States,
or imprisoned not more than 12 years, or both.
(3) Revocation of clearance.--Except as provided in
subsection (j)(2), upon request of the Secretary, the
Secretary of the Treasury shall withhold or revoke the
clearance of a vessel required by section 60105 of
title 46, United States Code, if the owner or operator
of that vessel is in violation of this section or a
regulation issued under this section.
(l) Enforcement.--
(1) Administrative actions.--If the Secretary finds,
after notice and an opportunity for a hearing, that a
person has violated this section or a regulation issued
under this section, the Secretary may assess a civil
penalty for that violation. In determining the amount
of the civil penalty, the Secretary shall take into
account the nature, circumstances, extent, and gravity
of the prohibited acts committed and, with respect to
the violator, the degree of culpability, any history of
prior violations, and such other matters as justice may
require.
(2) Civil actions.--At the request of the Secretary,
the Attorney General may bring a civil action in an
appropriate district court of the United States to
enforce this section or any regulation issued under
this section. Any court before which such an action is
brought may award appropriate relief, including
temporary or permanent injunctions and civil penalties.
(m) Consultation with Canada, Mexico, and Other Foreign
Governments.--In developing the guidelines and regulations to
be issued under this section, the Secretary is encouraged to
consult with the Government of Canada, the Government of Mexico
and any other government of a foreign country that the
Secretary, after consultation with the Task Force, determines
to be necessary to develop and implement an effective
international program for preventing the unintentional
introduction and spread of aquatic nuisance species through
ballast water.
(n) International Cooperation.--The Secretary, in cooperation
with the Under Secretary, the Secretary of State, the
Administrator, the heads of other relevant Federal agencies,
the International Maritime Organization of the United Nations,
and the Commission on Environmental Cooperation established
pursuant to the North American Free Trade Agreement, is
encouraged to enter into negotiations with the governments of
foreign countries to develop and implement an effective
international program for preventing the unintentional
introduction and spread of aquatic invasive species. The
Secretary is particularly encouraged to seek bilateral or
multilateral agreements with Canada, Mexico, and other nations
in the Wider Caribbean Region (as defined in the Convention for
the Protection and Development of the Marine Environment of the
Wider Caribbean, signed at Cartagena on March 24, 1983 (TIAF
11085)), to carry out the objectives of this section.
(o) Nondiscrimination.--The Secretary shall ensure that
foreign vessels do not receive more favorable treatment than
vessels of the United States when the Secretary performs
studies, reviews compliance, determines effectiveness,
establishes requirements, or performs any other
responsibilities under this Act.
(p) Consultation with Task Force.--The Secretary shall
consult with the Task Force in carrying out this section.
(q) Preemption.--
(1) In general.--Except as provided in subsection
(i)(4) but notwithstanding any other provision of law,
the provisions of subsections (e) and (f) supersede any
provision of State or local law that is inconsistent
with the requirements of those subsections or that
conflicts with the requirements of those subsections.
(2) Greater penalties or fees.--For purpose of
paragraph (1), the imposition by State or local law of
greater penalties or fees for acts or omissions that
are violations of such law and also violations of this
Act or the imposition by a State of incentives under
subsection (f)(9)(B) shall not be considered to be
inconsistent, or to conflict, with the requirements of
subsections (e) and (f).
(3) Reception facilities.--The standards issued by
the Secretary or the heads of other appropriate Federal
agencies under subsection (f)(2) do not supersede any
more stringent standard under any otherwise applicable
Federal, State, or local law.
(r) Coast Guard Report on Other Sources of Vessel-Bourne
Nuisance Species.--
(1) In general.--
(A) Hull-fouling and other vessel sources.--
Not later than 180 days after the date of
enactment of the Ballast Water Treatment Act of
2007, the Secretary shall transmit a report to
the Committee on Commerce, Science, and
Transportation of the Senate and the Committee
on Transportation and Infrastructure of the
House of Representatives on vessel-related
pathways of harmful aquatic organisms and
pathogens other than ballast water and
sediment, including vessel hulls and equipment,
and from vessels equipped with ballast tanks
that carry no ballast water on board.
(B) Best practices.--
(i) In general.--As soon as
practicable, the Secretary shall
develop best practices standards and
procedures designed to reduce the
introduction and spread of invasive
species into and within the United
States from vessels and establish a
timeframe for implementation of those
standards and procedures by vessels.
Such standards and procedures shall
include designation of geographical
locations for uptake and discharge of
untreated ballast water, as well as
standards and procedure for other
vessel pathways of aquatic invasive
species.
(ii) Report.--The Secretary shall
transmit a report to the committees
referred to in subparagraph (A)
describing the standards and procedures
developed under this subparagraph and
the implementation timeframe, together
with such recommendations as the
Secretary determines appropriate.
(iii) Regulations.--The Secretary may
issue regulations to incorporate and
enforce standards and procedures
developed under this paragraph.
(2) Transiting vessels.--Not later than 180 days
after the date of enactment of the Ballast Water
Treatment Act of 2007, the Secretary shall transmit a
report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives containing--
(A) an assessment of the magnitude and
potential adverse impacts of ballast water
operations from foreign vessels designed,
adapted, or constructed to carry ballast water
that are transiting waters subject to the
jurisdiction of the United States; and
(B) recommendations, including legislative
recommendations if appropriate, of options for
addressing ballast water operations of those
vessels.
SEC. 1102. NATIONAL BALLAST WATER MANAGEMENT INFORMATION.
(a) * * *
(b) Ecological and Ballast Water Discharge Surveys.--
(1) Ecological surveys.--
(A) * * *
(B) Requirements for surveys.--In conducting
the surveys under this paragraph, the Task
Force shall, with respect to each such survey--
(i) * * *
(ii) provide an estimate of the
effectiveness of ballast water
management and other vessel management
[guidelines issued and] regulations
promulgated under this subtitle in
abating invasions of aquatic nuisance
species in the waters that are the
subject of the survey.
(2) Ballast water discharge surveys.--
(A) * * *
(B) Requirements for surveys.--In conducting
the surveys under this paragraph, the Secretary
shall--
(i) * * *
(ii) assess the effectiveness of
[voluntary guidelines issued, and
regulations promulgated,] regulations
promulgated under this subtitle in
altering ballast water discharge
practices to reduce the probability of
accidental introductions of aquatic
nuisance species.
* * * * * * *
(c) Reports.--
(1) Ballast exchange.--Not later than 18 months after
the date of enactment of this Act and prior to the
effective date of the regulations issued under [section
1101(b)] section 1101(a), the Task Force shall submit a
report to the Congress that presents the results of the
study required under subsection (a)(1) and makes
recommendations with respect to such regulations.
* * * * * * *
(f) National Ballast Information Clearinghouse.--
(1) In general.--The Secretary shall develop and
maintain, in consultation and cooperation with the Task
Force and the Smithsonian Institution (acting through
the Smithsonian Environmental Research Center), a
clearinghouse of national data concerning--
(A) * * *
(B) compliance with the [guidelines issued
pursuant to section 1101(c)] regulations issued
pursuant to section 1101; and
* * * * * * *
(g) Ballast Water Surveys.--
(1) In general.--The Secretary shall conduct the
following ballast water surveys:
(A) A survey of the number of living
organisms in untreated ballast water of a
representative number of vessels, as determined
by the Secretary.
(B) A survey of the number of living
organisms in the ballast water of a
representative number of vessels, as determined
by the Secretary, that has been exchanged on
the high seas.
(C) Surveys of the number of living organisms
in the ballast water of vessels that are
participating in a program to test and evaluate
promising ballast water treatment, as approved
by the Secretary.
(2) Reports.--The Secretary 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) a report on the results of the surveys
under subparagraphs (A) and (B) of paragraph
(1) by not later than 18 months after the date
of the enactment of the Ballast Water Treatment
Act of 2007; and
(B) a report on the results of the surveys
required under subparagraph (C) of paragraph
(1) upon completion of each demonstration
concerned.
[SEC. 1103. ARMED SERVICES BALLAST WATER PROGRAMS.
[(a) Department of Defense Vessels.--Subject to operational
conditions, the Secretary of Defense, in consultation with the
Secretary, the Task Force, and the International Maritime
Organization, shall implement a ballast water management
program for seagoing vessels of the Department of Defense to
minimize the risk of introduction of nonindigenous species from
releases of ballast water.
[(b) Coast Guard Vessels.--Subject to operational conditions,
the Secretary, in consultation with the Task Force and the
International Maritime Organization, shall implement a ballast
water management program for seagoing vessels of the Coast
Guard to minimize the risk of introduction of nonindigenous
species from releases of ballast water.
[SEC. 1104. BALLAST WATER MANAGEMENT DEMONSTRATION PROGRAM.
[(a) Technologies and Practices Defined.--For purposes of
this section, the term ``technologies and practices'' means
those technologies and practices that--
[(1) may be retrofitted--
[(A) on existing vessels or incorporated in
new vessel designs; and
[(B) on existing land-based ballast water
treatment facilities;
[(2) may be designed into new water treatment
facilities;
[(3) are operationally practical;
[(4) are safe for a vessel and crew;
[(5) are environmentally sound;
[(6) are cost-effective;
[(7) a vessel operator is capable of monitoring; and
[(8) are effective against a broad range of aquatic
nuisance species.
[(b) Demonstration Program.--
[(1) In general.--During the 18-month period
beginning on the date that funds are made available by
appropriations pursuant to section 1301(e), the
Secretary of the Interior and the Secretary of
Commerce, with the concurrence of and in cooperation
with the Secretary, shall conduct a ballast water
management demonstration program to demonstrate
technologies and practices to prevent aquatic
nonindigenous species from being introduced into and
spread through ballast water in the Great Lakes and
other waters of the United States.]
SEC. 1104. BALLAST WATER TREATMENT TECHNOLOGY EVALUATION AND
DEMONSTRATION PROGRAMS.
(a) Shipboard Technology Evaluation Program.--
(1) In general.--The Secretary shall establish a
Shipboard Technology Evaluation Program to evaluate
alternative ballast water management methods aboard
vessels to prevent aquatic nuisance species from being
introduced into and spread through discharges of
ballast water in waters of the United States.
(2) Location.--The installation and construction [of
the technologies and practices used in the
demonstration program] of alternative ballast water
management methods used in the program conducted under
this subsection shall be performed in the United
States.
(3) Vessel selection.--In demonstrating [technologies
and practices on vessels under this subsection, the
Secretary of the Interior and the Secretary of
Commerce, shall--] ballast water treatment technologies
on vessels under this subsection, the Secretary shall--
(A) use only vessels that--
[(i) are approved by the Secretary;
[(ii) have ballast water systems
conducive to testing aboard-vessel or
land-based technologies and practices
applicable to a significant number of
merchant vessels; and]
(i) have ballast water systems
conducive to testing aboard the vessel;
and
[(iii)] (ii) are--
(I) * * *
* * * * * * *
[(C) seek to use a variety of vessel types,
including vessels that--
[(i) call on ports in the United
States and on the Great Lakes; and
[(ii) are operated along major coasts
of the United States and inland
waterways, including the San Francisco
Bay and Chesapeake Bay.]
(C) seek to use a variety of vessel types.
* * * * * * *
[(4) Selection of technologies and practices.--In
selecting technologies and practices for demonstration
under this subsection, the Secretary of the Interior
and the Secretary of Commerce shall give priority
consideration to technologies and practices identified
as promising by the National Research Council Marine
Board of the National Academy of Sciences in its report
on ships' ballast water operations issued in July
1996.]
(4) Selection of alternative ballast water management
methods.--In order for a ballast water treatment
technology to be eligible to be installed on vessels
for evaluation under this section, such technology must
be, at a minimum--
(A) determined by the Secretary to have the
demonstrated potential to reduce the number of
organisms greater than or equal to 50 microns
in minimum dimension in discharged ballast
water to fewer than 10 living organisms per
cubic meter of water;
(B) cost-effective;
(C) environmentally sound;
(D) operationally practical;
(E) able to be retrofitted on existing
vessels or incorporated in new vessel design
(or both);
(F) safe for a vessel and crew; and
(G) accessible to monitoring.
* * * * * * *
(6) Authority of secretary to review and revise
criteria.--The Secretary may review and revise the
criteria described in paragraph (4)(A) to require
ballast water treatment technologies to meet a more
stringent ballast water discharge standard, including
standards promulgated under section 1101(f), before
being eligible for installation aboard vessels under
the program.
(b) Shipboard Technology Demonstration Program.--
(1) In general.--The Under Secretary, with the
concurrence of and in cooperation with the Secretary,
shall conduct a program to demonstrate ballast water
treatment technologies evaluated aboard vessels under
subsection (a) to prevent aquatic nuisance species from
being introduced into and spread through ballast water
in waters of the United States.
(2) Location.--The installation and construction of
ballast water treatment technologies used in the
demonstration program under this subsection shall be
performed in the United States.
(3) Vessel eligibility.--Vessels eligible to
participate in the demonstration program under this
subsection shall consist only of vessels that have been
accepted into and are actively participating in the
Shipboard Technology Evaluation Program under
subsection (a).
(4) Grants.--
(A) In general.--The Under Secretary shall
establish a grant program to provide funding
for acquiring, installing, and operating
ballast water treatment technologies aboard
vessels participating in the program under this
subsection.
(B) Matching requirements.--The amount of
Federal funds used for any demonstration
project under this subsection--
(i) shall not exceed $1,000,000; and
(ii) shall not exceed 50 percent of
the total cost of such project.
(c) Alternative Ship Pathway Program.--
(1) In general.--The Under Secretary, with the
concurrence of and in cooperation with the Secretary,
shall conduct a program to demonstrate and verify
technologies and practices to monitor and control the
introduction of aquatic invasive species by ship
pathways other than the release of ballast water.
(2) Selection of methods.--The Under Secretary may
not select technologies and practices for demonstration
or verification under paragraph (1) unless such
technologies and practices, in the determination of the
Under Secretary, in consultation with the Secretary,
meet the criteria outlined in subparagraphs (B) through
(G) of subsection (a)(4).
(3) Location.--The installation and construction of
technologies and practices for demonstration and
verification under this subsection shall be performed
in the United States.
[(c)] (d) Authorities; Consultation and Cooperation With
International Maritime Organization and Task Force.--
(1) Authorities.--In conducting the demonstration
program under subsection (b), the [Secretary of the
Interior] Secretary, in consultation with the Under
Secretary, may--
(A) * * *
* * * * * * *
(2) Consultation and cooperation.--The [Secretary of
the Interior] Secretary, in consultation with the Under
Secretary, shall consult and cooperate with the
International Maritime Organization and the Task Force
in carrying out this section.
* * * * * * *
Subtitle C--Prevention and Control of Aquatic Nuisance Species
Dispersal
* * * * * * *
SEC. 1210. RAPID RESPONSE PLAN.
(a) Preparation by President.--The President shall prepare
and publish a national rapid response plan for killing,
removing, or minimizing the spread of aquatic nuisance species
in the waters of the United States in accordance with this
section.
(b) Contents.--The national rapid response plan shall provide
for efficient, coordinated, and effective action to minimize
damage from aquatic nuisance species in the navigable waters of
the United States, including killing, containing, and removal
of the aquatic nuisance species, and shall include the
following:
(1) Assignment of duties and responsibilities among
Federal departments and agencies in coordination with
State and local agencies and port authorities and
private entities.
(2) Identification, procurement, maintenance, and
storage of equipment and supplies needed to facilitate
the killing, containment, and removal of aquatic
nuisance species under this section.
(3) Establishment or designation by the President of
Federal aquatic nuisance species response teams,
consisting of--
(A) personnel who shall be trained and
prepared by the President and shall be
available to provide necessary services to
carry out the national rapid response plan;
(B) adequate equipment and material needed to
facilitate the killing, containment, and
removal of aquatic nuisance species under this
section; and
(C) a detailed plans to kill, contain, and
remove aquatic nuisance species, including
measures to protect fisheries and wildlife.
(4) A system of surveillance and notice designed to
safeguard against, as well as ensure earliest possible
notice of, the introduction of aquatic nuisance species
and imminent threats of such introduction to the
appropriate State and Federal agencies.
(5) Establishment by the President of a national
center to provide coordination and direction for
operations in carrying out the plan.
(6) Procedures and techniques to be employed in
identifying, containing, killing, and removing aquatic
nuisance species in the waters of the United States.
(7) A schedule, prepared by the President in
cooperation with the States, identifying--
(A) mitigating devices and substances, if
any, that may be used in carrying out the plan;
(B) the waters in which such mitigating
devices and substances may be used; and
(C) the quantities of such mitigating device
or substance which can be used safely in such
waters.
(8) A system whereby the State or States affected by
an aquatic nuisance species may act where necessary to
remove such species.
(9) Establishment by the President of criteria and
procedures to ensure immediate and effective Federal
identification of, and response to, an introduction of
aquatic nuisance species.
(10) Designation by the President of the Federal
official who shall be the Federal on-scene coordinator
for measures taken to kill, contain, and remove aquatic
nuisance species under this section.
(11) A fish and wildlife response plan for the
immediate and effective protection, rescue, and
rehabilitation of, and the minimization of risk of
damage to, fish and wildlife resources and their
habitat that are harmed or that may be jeopardized by
an introduction of an aquatic nuisance species.
(c) Federal Removal Authority.--
(1) Removal requirement.--
(A) In general.--The President shall ensure,
in accordance with the national rapid response
plan, effective and immediate killing,
containing, and removal of the aquatic nuisance
species in the waters of the United States.
(B) Discretionary authority.--In carrying out
this paragraph, the President may--
(i) kill, contain, and remove an
aquatic nuisance species, at any time;
and
(ii) direct or monitor all Federal,
State, and private actions to kill,
contain, and remove the aquatic
nuisance species.
(2) Actions in accordance with national rapid
response plan.--Each Federal agency, State, owner or
operator, or other person participating in efforts
under this subsection shall act in accordance with the
national rapid response plan or as directed by the
President to carry out the plan.
Subtitle D--Authorizations of Appropriation
SEC. 1301. AUTHORIZATIONS.
(a) Prevention of Unintentional Introductions.--There are
authorized to be appropriated to develop and implement the
provisions of subtitle B--
(1) * * *
* * * * * * *
(4) for each of fiscal years 1997 through 2002, to
carry out paragraphs (1) and (2) of section 1102(b)--
(A) * * *
(B) $1,000,000 to the Secretary; [and]
(5) for each of fiscal years 1997 through 2002--
(A) * * *
(B) $500,000 to the Secretary to carry out
section 1102(f)[.];
(6) $20,000,000 for each of fiscal years 2008 through
2012 to the Secretary to carry out section 1101;
(7) $500,000 to the Secretary for each of fiscal
years 2008 through 2013 to carry out section 1102(f);
(8) $6,000,000 to the Under Secretary for each of
fiscal years 2008 through 2013 to carry out paragraph
(4) of section 1104(b); and
(9) $1,500,000 to the Under Secretary for each of
fiscal years 2008 through 2013 to carry out section
1104(c).
* * * * * * *
ADDITIONAL VIEWS
The Republican Members of the House Homeland Security
Committee are pleased that the Committee on Homeland Security
met to participate on H.R. 2830, to authorize the important
homeland security mission of the Coast Guard. As the Committee
of primary jurisdiction over the Department of Homeland
Security, of which the Coast Guard is a sizeable component
accounting for over 20% of the Department's employees,
receiving only a secondary referral is an example of the
inefficient and disjointed Congressional jurisdiction that
exists with respect to the Department of Homeland Security. The
Coast Guard plays a critical role in providing security to the
Nation's critical ports, coasts and waterways and is a central
part of the Department's homeland security mission. Given the
prominent position held by the Coast Guard with respect to the
mission of the Department, it is unfortunate that the Committee
on Homeland Security has only a limited role in authorizing
U.S. Coast Guard activities. Despite this limited role,
Republican Members of the Committee added many crucial
provisions to strengthen the overall bill.
Republican Improvements
Republican Members provided clear authorities and direction
regarding the security of the Nation's critical ports and
waterways including the security of liquefied natural gas
tankers and regasifying facilities, insisting on smart, risk-
based approaches that have come to define this Committee. We
support crucial legal authorities to enable the Coast Guard to
effectively prosecute those suspected of smuggling illegal
migrants on to our shores. Under Title VI of the bill, migrant
smugglers will face real consequences for engaging in the often
deadly crime of trafficking humans. Language identical to Title
VI of H.R. 2830 was included in H.R. 1684 the DHS FY08
Authorization Bill, by Committee Republicans only to be
stripped on the House floor.
Representative Tom Davis included an important provision
which restores the Coast Guard's Deepwater program to the
FY2007 appropriated level of $1.066 billion and requires much
needed accountability by incorporating programmatic
restructuring and reporting requirements to ensure proper
Congressional oversight. The Committee has heard multiple
accounts of Coast Guard ships failing, at times literally
falling apart. The men and women of the Coast Guard are being
asked to do more than ever in a post-9/11 environment and they
deserve the right resources to enable their success. This
provision is of great importance considering the number of
aging and decrepit assets upon which the Coast Guard currently
depends. This year the Coast Guard finally decommissioned the
Coast Guard Cutter STORIS, a few months shy of her 66th
birthday. Among the 41 modern day navies and coast guards in
the world, the U.S. Coast Guard is the 39th oldest.
Representative Christopher Shays included an important
amendment directing the Secretary of Homeland Security to
require the operators of cruise ships to report security
incidents which involve U.S. persons. Each year violent crimes
and sexual assaults go unreported aboard these ships. This
provision ensures that prior to a cruise ship's arrival in
port, the proper authorities are notified and can be in place
to board the ship at sea or upon its arrival.
Representative Dave Reichert's additions included a
provision which authorizes the Coast Guard's America's Waterway
Watch program to provide education and outreach to the private
sector and private citizens encouraging them to watch for and
report suspicious or unusual activities. A proactive citizenry
is a critical tool in the War on Terror. Mr. Reichert also
included a provision authorizing a pilot program for the Coast
Guard to develop a radiological/nuclear detection capabilities
in port environments. Expanding our Nation's ability to
identify a radiological or nuclear threat is critical to a
layered security system. With 95% of the Nation's imports
arriving at our ports annually, the necessity for additional
nuclear and radiological monitoring is obvious. Finally, Mr.
Reichert authored a provision which authorizes the Coast Guard
to create at least two maritime security response teams which
act as the elite tactical counter-terrorism units for the Coast
Guard. The Coast Guard currently has only one such unit based
on the East Coast responsible for Nation-wide coverage. Such an
approach is shortsighted given the inherent urgency with the
operational deployment of these teams. We encourage the Coast
Guard to immediately resource, train, and deploy this new unit.
Representative Mike Rogers (AL) included a provision
authorizing additional use of highly trained canine teams that
can be used by the Coast Guard to further their homeland
security missions of port security. The Coast Guard currently
has only 18 canine detection teams which can detect drugs or
explosives (but not both). These 18 canine teams are
insufficient to provide adequate coverage for 361 ports. Both
drug dealers and terrorists are adapting their techniques to
counter our detection capabilities. Expanding the number of
canine detection teams improves the Coast Guard's ability to
identify otherwise concealed threats to the homeland.
Representative Gus M. Bilirakis included a provision
authorizing the Coast Guard to conduct a pilot program to
collect the biometric information of persons interdicted at sea
under suspicion of terrorism, human smuggling, or drug
smuggling and will improve maritime border security. The Coast
Guard is directed to develop the equipment needs for this pilot
program and to evaluate the costs and feasibility of expanding
the program to all deployable Coast Guard assets. The Coast
Guard is encouraged to utilize this technology to identify
repeat offenders of immigration laws, fugitives from justice,
and to coordinate access to Department of Defense and
Department of State databases to identify would-be terrorists
trying to infiltrate our maritime borders.
Peter T. King.
Christopher Shays.
Mark Souder.
Tom Davis.
Daniel Lungren.
David Reichert.
Michael T. McCaul.
Ginny Brown-Waite.
Gus M. Bilirakis.
David Davis.
Paul C. Broun.
ADDITIONAL VIEWS OF CONGRESSMAN LAMAR SMITH
Along with the other Republican Members of the House
Homeland Security Committee, I am pleased that the Committee on
Homeland Security met to mark up H.R. 2830, to authorize the
important homeland security mission of the Coast Guard. I
support many of the provisions in this bill, especially the
added authority in Title VI to combat alien smuggling. I would
note, however, that the Committee on the Judiciary has
jurisdiction over the provisions in Title VI that add new
prohibitions and penalties for alien smuggling. The Judiciary
Committee has sought a sequential referral on H.R. 2830, and I
fully support granting Judiciary the opportunity to consider
the provisions over which it has jurisdiction.
Lamar Smith.
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