[DOCID: f:hr604.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-604
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2830) TO AUTHORIZE
APPROPRIATIONS FOR THE COAST GUARD FOR FISCAL YEAR 2008, AND FOR OTHER
PURPOSES
_______
April 22, 2008.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Arcuri, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 1126]
The Committee on Rules, having had under consideration
House Resolution 1126, by a non-record vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 2830, the
``Coast Guard Authorization Act of 2007,'' under a structured
rule. The resolution provides for one hour of general debate,
with 40 minutes equally divided and controlled by the chairman
and ranking minority member of the Committee on Transportation
and Infrastructure and 20 minutes equally divided and
controlled by the chairman and ranking minority member of the
Committee on Homeland Security.
The resolution waives all points of order against
consideration of the bill except those arising under clause 9
or 10 of rule XXI. In lieu of the amendments in the nature of a
substitute recommended by the Committees on Transportation and
Infrastructure, Homeland Security, and the Judiciary now
printed in the bill, the resolution provides that the amendment
in the nature of a substitute printed in part A of this report
shall be an original bill for the purpose of amendment. The
resolution provides that the amendment in the nature of a
substitute printed in part A of this report shall be considered
as read. The resolution waives all points of order against the
amendment in the nature of a substitute printed in part A of
this report except those arising under clause 10 of rule XXI.
This does not affect the point of order available under clause
9 of rule XXI (regarding earmark disclosure).
The resolution makes in order only those further amendments
printed in part B of this report. The amendments made in order
may be offered only in the order printed in this report, may be
offered only by a Member designated in this report, shall be
considered as read, shall be debatable for the time specified
in this report equally divided and controlled by the proponent
and an opponent, shall not be subject to amendment, and shall
not be subject to a demand for a division of the question in
the House or in the Committee of the Whole. The resolution
waives all points of order against the amendments except those
arising under clause 9 or 10 of rule XXI.
The resolution provides one motion to recommit with or
without instructions. In addition, in the engrossment of H.R.
2830, the Clerk is directed to add at the end the text of H.R.
2399, the ``Alien Smuggling and Terrorism Prevention Act of
2007,'' as it passed the House. The rule provides that,
notwithstanding the operation of the previous question, the
Chair may postpone further consideration to a time designated
by the Speaker. Finally, the rule authorizes the chairman of
the Judiciary Committee to file a supplemental report on H.R.
2830.
EXPLANATION OF WAIVERS
Although the rule waives all points of order against the
bill and its consideration (except those arising under clause 9
or 10 of rule XXI), the Committee is not aware of any points of
order against the bill or its consideration. The waivers of all
points of order against the bill and its consideration (except
those arising under clause 9 or 10 of rule XXI) are
prophylactic in nature.
SUMMARY OF AMENDMENT IN PART A TO BE MADE IN ORDER AS ORIGINAL TEXT
The amendment in the nature of a substitute increases FY08
funding to the Coast Guard to $8.4 billion. It increases the
authorized number of Coast Guard personnel by 1,500 members, to
47,000. The amendment in the nature of a substitute increases
maritime security response teams. It mandates protection and
enforcement of security zones encompassing all Liquefied
Natural Gas (LNG) areas by the Coast Guard. It requires
certification that the Coast Guard has adequate resources to
provide such protection. It directs the Department of Homeland
Security to provide an analysis of the threat and consequences
of a terrorist attack on gasoline and chemical shipments and
report the findings to Congress. The amendment in the nature of
a substitute establishes an Assistant Commandant for Port and
Waterways Security responsible for overseeing all regulations
dealing with security in U.S. ports and waterways. It
eliminates Lead System Integrators for the Deepwater Program,
establishing instead a civilian Chief Acquisitions Officer
reporting directly to the Coast Guard Commandant. It increases
safety requirements on commercial fishing vessels and mandates
training for operators. It requires lower emissions of sulfur
oxide and nitrogen oxide so that ships meet EPA standards and
the U.S. complies with an international maritime pollution
convention. It requires double hulls on ships carrying more
than 600 cubic meters of oil. It requires ships to begin
installing ballast water treatment systems to protect against
the introduction of invasive species into U.S. ports and
waterways. The amendment would consider all Coast Guard vessels
homeported in Guam as ineligible to receive repairs at foreign
shipyards. It would require the Coast Guard Academy to
establish a policy on sexual harassment. It would authorize the
Coast Guard to issue regulations requiring licensed pilots to
carry portable electronic devices for navigation. Finally, it
would require the EPA to study the underground petroleum spill
on the Brooklyn shoreline.
SUMMARY OF AMENDMENTS IN PART B TO BE MADE IN ORDER
(Summaries derived from information provided by sponsors.)
1. Oberstar (MN): The amendment in the nature of a
substitute increases FY08 funding to the Coast Guard to $8.4
billion. It increases the authorized number of Coast Guard
personnel by 1,500 members, to 47,000. The amendment in the
nature of a substitute increases maritime security response
teams. It mandates protection and enforcement of security zones
encompassing all Liquefied Natural Gas (LNG) areas by the Coast
Guard. It requires certification that the Coast Guard has
adequate resources to provide such protection. It directs the
Department of Homeland Security to provide an analysis of the
threat and consequences of a terrorist attack on gasoline and
chemical shipments and report the findings to Congress. The
amendment in the nature of a substitute establishes an
Assistant Commandant for Port and Waterways Security
responsible for overseeing all regulations dealing with
security in U.S. ports and waterways. It eliminates Lead System
Integrators for the Deepwater Program, establishing instead a
civilian Chief Acquisitions Officer reporting directly to the
Coast Guard Commandant. It increases safety requirements on
commercial fishing vessels and mandates training for operators.
It requires lower emissions of sulfur oxide and nitrogen oxide
so that ships meet EPA standards and the U.S. complies with an
international maritime pollution convention. It requires double
hulls on ships carrying more than 600 cubic meters of oil. It
requires ships to begin installing ballast water treatment
systems to protect against the introduction of invasive species
into U.S. ports and waterways. The amendment would consider all
Coast Guard vessels homeported in Guam as ineligible to receive
repairs at foreign shipyards. It would require the Coast Guard
Academy to establish a policy on sexual harassment. It would
authorize the Coast Guard to issue regulations requiring
licensed pilots to carry portable electronic devices for
navigation. Finally, it would require the EPA to study the
underground petroleum spill on the Brooklyn shoreline. (10
minutes)
2. LaTourette (OH)/Boustany (LA): Would amend section 720
of the substitute (regarding waterside security around
liquified natural gas tankers and terminals) to state that the
Coast Guard may consider security assets and personnel provided
by state and local officials contracted or otherwise made
available to an LNG terminal operator in determining whether
security resources are available to carry out necessary
waterside security measures. (10 minutes)
3. Matsui (CA)/Poe (TX)/Maloney (NY)/Shays (CT): Would
require the Secretary of the department in which the Coast
Guard is operating to maintain on an Internet site a numerical
accounting of missing persons and alleged crimes committed on
cruise ships. The database would be updated quarterly and
aggregated by cruise line. The amendment would require cruise
lines to include a link to this database on their public
websites. (10 minutes)
4. Poe (TX): Would state the findings of Congress that
stateless submersible or semi-submersible vessels on
international voyages are a serious international problem,
facilitate international crimes, and are a threat to the safety
and security of the United States. The amendment would make it
a federal criminal offense subject to fines, imprisonment, or
both for the operation and embarkation of any stateless
submersible or semi-submersible vessel. (10 minutes)
5. McNerney (CA): States that the marine safety provisions
of the bill shall not impair the legal authority of the Coast
Guard to carry out its homeland security mission, including
protecting ports and waterways, stopping human smuggling, and
preventing terrorist organizations from attacking the United
States. (10 minutes)
6. Bilirakis (FL): Would strike section 708 of the
substitute amendment (maritime biometric identification) and
replace it with a requirement that the Commandant of the Coast
Guard, within one year of enactment, conduct a program for the
mobile biometric identification of suspected individuals,
including terrorists, to enhance border security. It also would
require a cost analysis of expanding these capabilities to
other Coast Guard and DHS vessels. The analysis may include a
plan to give priority to vessels and units more likely to
encounter those suspected of making illegal border crossings
through the maritime environment. (10 minutes)
7. Markey (MA): Would direct the Secretary of Homeland
Security to notify the Federal Energy Regulatory Commission
(FERC) of any determination by the Secretary that a proposed
waterside liquefied natural gas (LNG) facility is suitable or
unsuitable for the marine traffic associated with the LNG
facility. Within 90 days of such notification, FERC must
respond to the Secretary's determination with what action the
Commission has taken regarding a proposal to construct and
operate a waterside LNG. (10 minutes)
8. Lofgren (CA): Would allow the Secretary of Homeland
Security to use a secondary authentication system for
individuals applying for transportation security cards when
fingerprints are not able to be taken or read to enhance
transportation security. (10 minutes)
9. Bishop, Tim (NY): Would require the Secretary of the
department in which the Coast Guard is operating to study,
within 180 days of enactment, the role of state and local law
enforcement in augmenting Coast Guard resources by enforcing
Coast Guard-imposed security zones around vessels transiting
to, through, or from U.S. ports and conducting port security
patrols. (10 minutes)
10. Broun (GA): Would strike title X (appeals to national
transportation safety board) and title XI (marine safety) from
the bill. (10 minutes)
11. Cuellar (TX): Would direct the Secretary of the
department in which the Coast Guard is operating, within 90
days of enactment, to conduct a mission requirement analysis
for the navigable portions of the Rio Grande River, Texas,
international water boundary. The analysis would identify what
resources would be needed to further the Coast Guard's mission
along the Rio Grande River. (10 minutes)
12. Kirk (IL): Would include vessels that operate
exclusively in the Great Lakes ecosystem among vessels that
would be required to have a ballast water treatment system, at
the request of the Secretary of Agriculture. (10 minutes)
13. Smith, Lamar (TX): Would add a new title to the bill to
enhance federal criminal penalties for alien smuggling. (10
minutes)
14. Jackson-Lee (TX): Directs the Secretary of Homeland
Security to assess, within 30 days of enactment, the enrollment
sites for transportation security cards, including the
feasibility of keeping them open for longer durations and the
quality of their customer service and application processing
times. (10 minutes)
15. Stupak (MI): Would permit the Commandant of the Coast
Guard to convey, without consideration, the Coast Guard Station
Marquette and Lighthouse Point in Marquette County, Michigan,
to the City of Marquette, Michigan. The conveyance could not
occur until the Coast Guard has relocated to a newly
constructed station, any environmental remediation required
under federal law has been completed, and the Commandant of the
Coast Guard determines that retention of the lighthouse is not
needed for Coast Guard missions. (10 minutes)
PART A: TEXT OF AMENDMENT TO BE MADE IN ORDER AS ORIGINAL TEXT
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 2008''.
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.
Sec. 217. Ensuring contracting with small business concerns and
disadvantaged business concerns.
Sec. 218. Assistant Commandant for Port and Waterway Security.
Sec. 219. Small business procurements.
Sec. 220. Enforcement of coastwise trade laws.
Sec. 221. Nomination and appointment of cadets at the Coast Guard
Academy.
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. Cold weather survival training.
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. Oil fuel tank protection.
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. Report on Coast Guard determinations.
Sec. 329. Pilot required.
Sec. 330. Offshore supply vessels.
Sec. 331. Recreational vessel operator education and training.
Sec. 332. Ship emission reduction technology demonstration project.
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. Decommissioned Coast Guard vessels for Haiti.
Sec. 412. Extension of period of operation of vessel for setting,
relocation, or recovery of anchors or other mooring equipment.
Sec. 413. Vessel traffic risk assessments.
Sec. 414. Vessel MARYLAND INDEPENDENCE.
Sec. 415. Study of relocation of Coast Guard Sector Buffalo facilities.
Sec. 416. Conveyance of Coast Guard vessel to Coahoma County,
Mississippi.
Sec. 417. Conveyance of Coast Guard vessel to Warren County,
Mississippi.
Sec. 418. Conveyance of Coast Guard vessel to Washington County,
Mississippi.
Sec. 419. Coast Guard assets for United States Virgin Islands.
Sec. 420. Conveyance of the Presque Isle Light Station fresnel lens to
Presque Isle Township, Michigan.
Sec. 421. Fishing in South Pacific tuna treaty convention area.
Sec. 422. Assessment of needs for additional Coast Guard presence in
high latitude regions.
Sec. 423. Study of regional response vessel and salvage capability for
Olympic Peninsula coast, Washington.
Sec. 424. Report on projected workload at the Coast Guard Yard in Curtis
Bay, Maryland.
Sec. 425. Study of bridges over navigable waters.
Sec. 426. Limitation on jurisdiction of States to tax certain seamen.
Sec. 427. Decommissioned Coast Guard vessels for Bermuda.
Sec. 428. Recreational marine industry.
Sec. 429. Conveyance of Coast Guard vessels to Nassau County, New York.
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--MARITIME POLLUTION PREVENTION
Sec. 601. Short title.
Sec. 602. References.
Sec. 603. Definitions.
Sec. 604. Applicability.
Sec. 605. Administration and enforcement.
Sec. 606. Certificates.
Sec. 607. Reception facilities.
Sec. 608. Inspections.
Sec. 609. Amendments to the protocol.
Sec. 610. Penalties.
Sec. 611. Effect on other laws.
TITLE VII--PORT SECURITY
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 interagency 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. Maritime biometric identification.
Sec. 709. Review of potential threats.
Sec. 710. Port security pilot.
Sec. 711. Advance notice of port arrival of significant or fatal
incidents involving U.S. persons.
Sec. 712. Safety and security assistance for foreign ports.
Sec. 713. Seasonal workers.
Sec. 714. Comparative risk assessment of vessel-based and facility-based
liquefied natural gas regasification processes.
Sec. 715. Pilot Program for fingerprinting of maritime workers.
Sec. 716. Transportation security cards on vessels.
Sec. 717. International labor study.
Sec. 718. Maritime security advisory committees.
Sec. 719. Seamen's shoreside access.
Sec. 720. Waterside security around liquefied natural gas terminals and
liquefied natural gas tankers.
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 IX--MINORITY SERVING INSTITUTIONS
Sec. 901. MSI Management Internship Program.
Sec. 902. MSI initiatives.
Sec. 903. Coast Guard-MSI Cooperative Technology Program.
Sec. 904. Definition.
TITLE X--APPEALS TO NATIONAL TRANSPORTATION SAFETY BOARD
Sec. 1001. Rights of appeal regarding licenses, certificates of
registry, and merchant mariners' documents.
Sec. 1002. Authorities of National Transportation Safety Board.
Sec. 1003. Transfer of pending appeals to the National Transportation
Safety Board.
Sec. 1004. Rulemaking requirements.
Sec. 1005. Administrative Law Judge recruiting program.
TITLE XI--MARINE SAFETY
Sec. 1101. Marine safety.
Sec. 1102. Marine safety staff.
Sec. 1103. Marine safety mission priorities and long term goals.
Sec. 1104. Powers and duties.
Sec. 1105. Appeals and waivers.
Sec. 1106. Coast Guard Academy.
Sec. 1107. Geographic stability.
Sec. 1108. Apprentice program.
Sec. 1109. Report regarding civilian marine inspectors.
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) $631,000,000 shall be available only for
paying for search and rescue programs;
(C) $527,000,000 shall be available only for
paying for marine safety programs;
(D) $80,500,000 shall be available only for
paying for operating expenses of the Integrated
Deepwater System program; and
(E) $1,523,000,000 shall be available only
for paying for ports, waterways, and coastal
security.
(2) For the acquisition, construction, rebuilding,
and improvement of aids to navigation, shore and
offshore facilities, vessels, and aircraft, including
equipment related thereto, $1,125,083,000, 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) $990,444,000 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, $25,000,000, 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),
$13,000,000, 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 47,000 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 committed in
their presence; 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 of that title is
amended--
(1) by amending subsections (a), (b), and (c) to read
as follows:
``(a) An officer, other than the Commandant, who, while
serving in the grade of admiral or vice admiral, is retired for
physical disability shall be placed on the retired list with
the highest grade in which that officer served.
``(b) An officer, other than the Commandant, who is retired
while serving in the grade of admiral or vice admiral, or who,
after serving at least two and one-half years in the grade of
admiral or vice admiral, is retired while serving in a lower
grade, may in the discretion of the President, be retired with
the highest grade in which that officer served.
``(c) An officer, other than the Commandant, who, after
serving less than two and one-half years in the grade of
admiral or vice admiral, is retired while serving in a lower
grade, shall be retired in his permanent grade.''; and
(2) in subsection (d)(2) 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 14
members, none of whom is a Federal employee, and shall
include--
``(A) ten who are health-care professionals
with particular expertise, knowledge, or
experience regarding the medical examinations
of merchant mariners or occupational medicine;
and
``(B) four who are professional mariners with
knowledge and experience in mariner
occupational requirements.
``(2) Status of members.--Members of the Committee
shall not be considered Federal employees or otherwise
in the service or the employment of the Federal
Government, except that members shall be considered
special Government employees, as defined in section
202(a) of title 18, United States Code, and shall be
subject to any administrative standards of conduct
applicable to the employees of the department in which
the Coast Guard is operating.
``(c) Appointments; Terms; Vacancies.--
``(1) Appointments.--The Secretary shall appoint the
members of the Committee, and each member shall serve
at the pleasure of the Secretary.
``(2) Terms.--Each member shall be appointed for a
term of 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 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 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 on government
noncommercial service when--
``(A) the vessel or aircraft is under the
tactical control of the Coast Guard; and
``(B) at least one member of the Coast Guard
is assigned and conducting a Coast Guard
mission on the vessel or aircraft.''.
(b) Authority To Display Coast Guard Ensigns and Pennants.--
Section 638(a) of title 14, United States Code, is amended by
striking ``Coast Guard vessels and aircraft'' and inserting
``Vessels and aircraft authorized by the Secretary''.
SEC. 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 shall appoint an employee
of the Coast Guard in each Coast Guard District as a District
Ombudsman to serve as a liaison between ports, terminal
operators, shipowners, and labor representatives and the Coast
Guard.
``(b) Purpose.--The purpose of the District Ombudsman shall
be the following:
``(1) To support the operations of the Coast Guard in
each port in the District for which the District
Ombudsman is appointed.
``(2) To improve communications between and among
port stakeholders including, port and terminal
operators, ship owners, labor representatives, and the
Coast Guard.
``(3) To seek to resolve disputes between the Coast
Guard and all petitioners regarding requirements
imposed or services provided by the Coast Guard.
``(c) Functions.--
``(1) Complaints.--The District Ombudsman may examine
complaints brought to the attention of the District
Ombudsman by a petitioner operating in a port or by
Coast Guard personnel.
``(2) Guidelines for disputes.--
``(A) In general.--The District Ombudsman
shall develop guidelines regarding the types of
disputes with respect to which the District
Ombudsman will provide assistance.
``(B) Limitation.--The District Ombudsman
shall not provide assistance with respect to a
dispute unless it involves the impact of Coast
Guard requirements on port business and the
flow of commerce.
``(C) Priority.--In providing such
assistance, the District Ombudsman shall give
priority to complaints brought by petitioners
who believe they will suffer a significant
hardship as the result of implementing a Coast
Guard requirement or being denied a Coast Guard
service.
``(3) Consultation.--The District Ombudsman may
consult with any Coast Guard personnel who can aid in
the investigation of a complaint.
``(4) Access to information.--The District Ombudsman
shall have access to any Coast Guard document,
including any record or report, that will aid the
District Ombudsman in obtaining the information needed
to conduct an investigation of a 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) 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 a 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 Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the matters brought before the
District Ombudsmen, including--
``(1) the number of matters brought before each
District Ombudsman;
``(2) a brief summary of each such matter; and
``(3) the eventual resolution of each such matter.''.
(b) Clerical Amendment.--The analysis at the beginning of
that chapter is amended by adding at the end the following new
item:
``55. District Ombudsmen.''.
SEC. 217. ENSURING CONTRACTING WITH SMALL BUSINESS CONCERNS AND
DISADVANTAGED BUSINESS CONCERNS.
(a) Requirements for Prime Contracts.--The Secretary shall
include in each contract awarded for procurement of goods or
services acquired for the Coast Guard--
(1) a requirement that the contractor shall implement
a plan for the award, in accordance with other
applicable requirements, of subcontracts under the
contract to small business concerns, including small
business concerns owned and controlled by socially and
economically disadvantaged individuals, small business
concerns owned and controlled by women, small business
concerns owned and controlled by service-disabled
veterans, HUBZone small business concerns, small
business concerns participating in the program under
section 8(a) of the Small Business Act (15 U.S.C.
637(a)), institutions receiving assistance under title
III or V of the Higher Education Act of 1965 (20 U.S.C.
1051 et seq., 1101 et seq.), and Alaska Native
Corporations created pursuant to the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.),
including the terms of such plan; and
(2) a requirement that the contractor shall submit to
the Secretary, during performance of the contract,
periodic reports describing the extent to which the
contractor has complied with such plan, including
specification (by total dollar amount and by percentage
of the total dollar value of the contract) of the value
of subcontracts awarded at all tiers of subcontracting
to small business concerns, institutions, and
corporations referred to in subsection (a)(1).
(b) Utilization of Alliances.--The Secretary shall seek to
facilitate award of contracts by the United States under the
Deepwater Program to alliances of small business concerns,
institutions, and corporations referred to in subsection
(a)(1).
(c) Annual Report.--
(1) In general.--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 by October 31 each
year a report on the award of contracts under the
Deepwater Program to small business concerns,
institutions, and corporations referred to in
subsection (a)(1) during the preceding fiscal year.
(2) Contents.--The Secretary shall include in each
report--
(A) specification of the value of such
contracts, by dollar amount and as a percentage
of the total dollar value of all contracts
awarded by the United States under the
Deepwater Program in such fiscal year;
(B) specification of the total dollar value
of such contracts awarded to each of the
categories of small business concerns,
institutions, and corporations referred to in
subsection (a)(1); and
(C) if the percentage specified under
subparagraph (A) is less than 25 percent, an
explanation of--
(i) why the percentage is less than
25 percent; and
(ii) what will be done to ensure that
the percentage for the following fiscal
year will not be less than 25 percent.
(d) Definitions.--In this section:
(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.
SEC. 218. ASSISTANT COMMANDANT FOR PORT AND WATERWAY SECURITY.
(a) In General.--Chapter 3 of title 14, United States Code,
is further amended by adding at the end the following:
``Sec. 61. Assistant Commandant for Port and Waterway Security
``(a) There shall be in the Coast Guard an Assistant
Commandant for Port and Waterway Security who shall be a Rear
Admiral or civilian from the Senior Executive Service (career
reserved) selected by the Secretary.
``(b) The Assistant Commandant for Port and Waterway Security
shall serve as the principal advisor to the Commandant
regarding port and waterway security and shall carry out the
duties and powers delegated and imposed by the Secretary.''.
(b) Clerical Amendment.--The analysis at the beginning of
that chapter is further amended by adding at the end the
following:
``61. Assistant Commandant for Port and Waterway Security.''.
SEC. 219. SMALL BUSINESS PROCUREMENTS.
(a) In General.--Chapter 17 of title 14, United States Code,
is amended by adding at the end the following:
``Sec. 678. Disadvantaged business enterprise program
``(a) In General.--Except to the extent that the Secretary
determines otherwise, not less than 10 percent of the amounts
obligated by the Coast Guard for contracts in any fiscal year
shall be expended with small business concerns owned and
controlled by socially and economically disadvantaged
individuals.
``(b) Definitions.--In this subsection, the following
definitions apply:
``(1) Small business concern.--The term `small
business concern' has the meaning given that term under
section 3 of the Small Business Act (15 U.S.C. 632).
``(2) Socially and economically disadvantaged
individuals.--The term `socially and economically
disadvantaged individuals' has the meaning that term
has under section 8(d) of the Small Business Act (15
U.S.C. 637(d)) and relevant subcontracting regulations
issued pursuant to that Act, except that women shall be
presumed to be socially and economically disadvantaged
individuals for purposes of this subsection.
``(c) Regulations.--The Secretary shall issue final
regulations governing the administration of the program created
by this section by one year after the date of enactment of this
section. To the maximum extent feasible, these regulations
shall impose requirements similar to those of part 26 of title
49, Code of Federal Regulations, with respect to setting
overall and contract goals, good faith efforts, and the
contract award process, counting of credit for the
participation of businesses owned and controlled by socially
and economically disadvantaged individuals, and determining
whether businesses are eligible to participate in the program.
``(d) Termination.--This section shall cease to be effective
three years after the date of its enactment.''.
(b) Clerical Amendment.--The analysis at the beginning of
that chapter is further amended by adding at the end the
following:
``678. Disadvantaged business enterprise program.''.
SEC. 220. ENFORCEMENT OF COASTWISE TRADE LAWS.
(a) In General.--Chapter 5 of title 14, United States Code,
is amended by adding at the end the following:
``Sec. 101. Enforcement of coastwise trade laws
``Officers and members of the Coast Guard are authorized to
enforce chapter 551 of title 46. The Secretary shall establish
a program for these officers and members to enforce that
chapter, including the application of those laws to vessels
that support the exploration, development, and production of
oil, gas, or mineral resources in the Gulf of Mexico.''.
(b) Clerical Amendment.--The analysis for that chapter is
amended by adding at the end the following new item:
``101. Enforcement of coastwise trade laws.''.
(c) Report.--The Secretary of the department in which the
Coast Guard is operating shall submit a report to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Senate Committee on Commerce, Science,
and Transportation within one year after the date of enactment
of this Act on the enforcement strategies and enforcement
actions taken to enforce the coastwise trade laws.
SEC. 221. NOMINATION AND APPOINTMENT OF CADETS AT THE COAST GUARD
ACADEMY.
(a) Nomination and Competitive Appointment, Generally.--
Section 182(a) of title 14, United States Code, is amended to
read as follows:
``(a) Nomination and Competitive Appointment of Cadets.--
``(1) Eligibility for nomination.--An individual may
be nominated for a competitive appointment as a cadet
at the Coast Guard Academy only if the individual-
``(A) is a citizen or national of the United
States; and
``(B) meets the minimum requirements that the
Secretary shall establish.
``(2) Nominators.--Nominations for competitive
appointments for the positions allocated under this
section may be made as follows:
``(A) A Senator may nominate residents of the
State represented by that Senator.
``(B) A Member of the House of
Representatives may nominate residents of the
State in which the congressional district
represented by that Member is located.
``(C) A Delegate to the House of
Representatives from the District of Columbia,
the Virgin Islands, Guam, or American Samoa may
nominate residents of the jurisdiction
represented by that Delegate.
``(D) The Resident Commissioner to the United
States from Puerto Rico may nominate residents
of Puerto Rico.
``(E) The Governor of the Northern Mariana
Islands may nominate residents of the Northern
Mariana Islands.
``(3) Allocation of positions.--Positions for
competitive appointments shall be allocated each year
as follows:
``(A) Positions shall be allocated for
residents of each State nominated by the
Members of Congress from that State in
proportion to the representation in Congress
from that State.
``(B) Four positions shall be allocated for
residents of the District of Columbia.
``(C) One position each shall be allocated
for residents of the Virgin Islands, Guam, and
American Samoa, respectively.
``(D) One position shall be allocated for a
resident of Puerto Rico.
``(E) One position shall be allocated for a
resident of the Northern Mariana Islands.
``(F) Two positions shall be allocated for
individuals nominated by the Panama Canal
Commission.
``(4) Competitive system for appointment.--
``(A) Establishment of system.--The Secretary
shall establish a competitive system for
selecting for appointment individuals nominated
under paragraph (1) to fill the positions
allocated under paragraph (3). The system must
determine the relative merit of each individual
based on competitive examinations, an
assessment of the individual's academic
background, and other effective indicators of
motivation and probability of successful
completion of training at the Academy.
``(B) Appointments by jurisdiction.--The
Secretary shall appoint individuals to fill the
positions allocated under subsection (c) for
each jurisdiction in the order of merit of the
individuals nominated from that jurisdiction.
``(C) Remaining unfilled positions.--If
positions remain unfilled after the
appointments are made under paragraph (2), the
Secretary shall appoint individuals to fill the
positions in the order of merit of the
remaining individuals nominated from all
jurisdictions.
``(5) Noncompetitive appointments.--The Secretary may
appoint each year without competition as cadets at the
Academy the following:
``(A) Without limit, the children of persons
who have been awarded the Medal of Honor for
acts performed while in the armed forces.
``(B) Without limit--
``(i) children of individuals who
died while on active duty in the armed
forces of the United States;
``(ii) children of individuals who
are determined by the Secretary of
Veterans Affairs to have a service-
connected disability rated at not less
than 100 percent resulting from wounds
or injuries received in, diseases
contracted in, or preexisting injury or
disease aggravated by, active service;
``(iii) children of members of the
armed forces of the United States who
are in a missing status as defined in
section 551(2) of title 37; and
``(iv) children of civilian employees
of the armed forces of the United
States who are in missing status as
defined in section 5561(5) of title 5.
``(C) Not more than 25 enlisted members of
the Coast Guard;
``(D) Not more than 20 qualified individuals
with qualities the Secretary considers to be of
special value to the Academy and that the
Secretary considers will achieve a national
demographic balance at the Academy.
``(6) Additional appointments from particular
areas.--
``(A) Other countries in western
hemisphere.--The President may appoint
individuals from countries in the Western
Hemisphere other than the United States to
receive instruction at the Academy. Not more
than 12 individuals may receive instruction
under this subsection at the same time, and not
more than 2 individuals from the same country
may receive instruction under this subsection
at the same time.
``(B) Other countries generally.--
``(i) Appointment.--The Secretary,
with the approval of the Secretary of
State, may appoint individuals from
countries other than the United States
to receive instruction at the Academy.
Not more than 20 individuals may
receive instruction under this
subsection at the same time.
``(ii) Reimbursement.--The Secretary
shall ensure that the country from
which an individual comes under this
subsection will reimburse the Secretary
for the cost (as determined by the
Secretary) of the instruction and
allowances received by the individual
at the Academy.
``(C) Commitment.--Each individual attending
the Academy under this paragraph shall sign an
agreement stating that the individual, upon
graduation, will accept an appointment, if
tendered, as an officer in the Coast Guard of
the country from which the individual comes for
at least five years.
``(7) Prohibited basis for appointment.--Preference
may not be given to an individual for appointment as a
cadet at the Academy because one or more members of the
individual's immediate family are alumni of the
Academy.''.
(b) Minority Recruiting Program.--
(1) In general.--Chapter 9 of title 14, United States
Code, is amended by adding at the end the following new
section:
``Sec. 197. Minority recruiting program
``The Secretary of the department in which the Coast Guard is
operating shall establish a minority recruiting program for
prospective cadets at the Coast Guard Academy. The program may
include--
``(1) use of minority cadets and officers to provide
information regarding the Coast Guard and the Academy
to students in high schools;
``(2) sponsoring of trips to high school teachers and
guidance counselors to the Academy;
``(3) to the extent authorized by the Secretary of
the Navy, maximizing the use of the Naval Academy
Preparatory School to prepare students to be cadets at
the Coast Guard Academy;
``(4) recruiting minority members of the Coast Guard
to attend the Academy;
``(5) establishment of a minority affairs office at
the Academy; and
``(6) use of minority officers and members of the
Coast Guard Reserve and Auxiliary to promote the
Academy.''.
(2) Clerical amendment.--The table of sections for
that cuapter is amended by adding at the end the
folowing new item:
``197. Minority recruiting program.''.
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 2008 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 2008.
``(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
2008; 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. COLD WEATHER SURVIVAL TRAINING.
(a) Report.--The Commandant of the Coast Guard shall report
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate on the efficacy of
cold weather survival training conducted by the Coast Guard in
Coast Guard District 17 over the preceding 5 years. The report
shall include plans for conducting such training in fiscal
years 2008 through 2011.
(b) Authorization of Appropriations for Training.--There are
authorized to be appropriated to the Secretary of Homeland
Security $150,000 to carry out cold weather survival training
in Coast Guard District 17.
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 for
vessel operators and crewmembers that--
``(i) in the case of vessel operators, meets
the requirements of subsection (g); and
``(ii) in the case of crewmembers, meets the
requirements of subsection (g)(2)(A), such
requirements of subsection (g)(2)(B) as are
appropriate for crewmembers, and the
requirements of subsections (g)(2)(D), (g)(3),
and (g)(4); and
``(B) for purchase of safety equipment and training
aids for use in those fishing vessel safety training
programs.
``(2) The Secretary shall award grants under this subsection
on a competitive basis.
``(3) The Federal share of the cost of any activity carried
out with a grant under this subsection shall not exceed 75
percent.
``(4) There is authorized to be appropriated $3,000,000 for
each of fiscal years 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)(1) After January 1, 2018, a fishing vessel, fish
processing vessel, or fish tender vessel to which section
4502(b) of this title applies shall comply with an alternate
safety compliance program that is developed in cooperation with
the commercial fishing industry and prescribed by the
Secretary, if the vessel--
``(A) is at least 50 feet overall in length;
``(B) is built before January 1, 2008; and
``(C) is 25 years of age or older.
``(2) Alternative safety compliance programs may be developed
for purposes of paragraph (1) for specific regions and
fisheries.
``(3) A fishing vessel, fish processing vessel, or fish
tender vessel to which section 4502(b) of this title applies
that was classed before January 1, 2008, shall--
``(A) remain subject to the requirements of a
classification society approved by the Secretary; and
``(B) have on board a certificate from that
society.''.
(2) Clerical amendment.--The table of 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, which shall be kept available
for review by the Secretary on request.
``(b) The log book required by subsection (a) shall include
the following entries:
``(1) The time when each seaman and each officer
assumed or relieved the watch.
``(2) The number of hours in service to the vessels
of each seaman and each officer.
``(3) An account of each accident, illness, and
injury that occurs during each watch.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following:
``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 that title 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 that title 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--
``(1) the characteristics, methods of operation, and
nature of the service of these vessels; and
``(2) with respect to vessels that are ferries, the
sizes of the ferry systems within which the vessels
operate.''.
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 ``2011''.
SEC. 318. OIL FUEL TANK PROTECTION.
Section 3306 of title 46, United States Code, is amended by
adding at the end the following new subsection:
``(k)(1) Each vessel of the United States that is constructed
under a contract entered into after the date of enactment of
the Coast Guard Authorization Act of 2008, or that is delivered
after August 1, 2010, with an aggregate capacity of 600 cubic
meters or more of oil fuel, shall comply with the requirements
of Regulation 12A under Annex I to the Protocol of 1978
relating to the International Convention for the Prevention of
Pollution from Ships, 1973, entitled `Oil Fuel Tank
Protection.'
``(2) The Secretary may prescribe regulations to apply the
requirements described in Regulation 12A to vessels described
in paragraph (1) that are not otherwise subject to that
convention. Any such regulation shall be considered to be an
interpretive rule for the purposes of section 553 of title 5.
``(3) In this subsection the term `oil fuel' means any oil
used as fuel in connection with the propulsion and auxiliary
machinery of the vessel in which such oil is carried.''.
SEC. 319. REGISTRY ENDORSEMENT FOR LNG VESSELS.
Section 12111 of title 46, United States Code, is amended by
adding at the end the following:
``(d)(1) A vessel for which a registry endorsement is not
issued may not engage in regasifying on navigable waters unless
the vessel transported the gas from a foreign port.
``(2) Nothing in paragraph (1) or any other provision of this
title may be construed as--
``(A) applying to such paragraph a definition of the
term `vessel' that includes any structure on, in, or
under the navigable waters of the United States that
the Coast Guard regulates as a waterfront facility
handling liquified natural gas under part 127 of title
33, Code of Federal Regulations; or
``(B) having any effect on the jurisdiction of the
Federal Energy Regulatory Commission under section
3(e)(1) of the Natural Gas Act.
``(3) Paragraph (2)(A) does not affect the authority of the
Coast Guard to modify the provisions of part 127 of title 33,
Code of Federal Regulations.''.
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 Committee on Transportation
and Infrastructure 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. REPORT ON COAST GUARD DETERMINATIONS.
Not later than 180 days after enactment of this Act, the
Secretary of Homeland Security shall provide to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the loss of United
States shipyard jobs and industrial base expertise as a result
of rebuild, conversion, and double-hull work on United States-
flag vessels eligible to engage in the coastwise trade being
performed in foreign shipyards, enforcement of the Coast
Guard's foreign rebuild determination regulations, and
recommendations for improving the transparency in the Coast
Guard's foreign rebuild determination process.
SEC. 329. PILOT REQUIRED.
Section 8502(g) of title 46, United States Code, is amended--
(1) in paragraph (1), by inserting ``and Buzzards
Bay, Massachusetts'' before ``, if any,''; and
(2) by adding at the end the following:
``(3) In any area of Buzzards Bay, Massachusetts,
where a single-hull tanker or tank vessel carrying
5,000 or more barrels of oil or other hazardous
material is required to be under the direction and
control of a pilot, the pilot may not be a member of
the crew of that vessel, and shall be a pilot
licensed--
``(A) by the State of Massachusetts who is
operating under a Federal first class pilot's
license; or
``(B) under section 7101 of this title who
has made at least 20 round trips on a vessel as
a quartermaster, wheelsman, able seaman, or
apprentice pilot, or in an equivalent capacity,
including--
``(i) at least 1 round trip through
Buzzards Bay in the preceding 12-month
period; and
``(ii) if the vessel will be
navigating in periods of darkness in an
area of Buzzards Bay where a vessel is
required by regulation to have a pilot,
at least 5 round trips through Buzzards
Bay during periods of darkness.''.
SEC. 330. OFFSHORE SUPPLY VESSELS.
(a) Definition.--Section 2101(19) of title 46, United States
Code, is amended by striking ``of more than 15 gross tons but
less than 500 gross tons as measured under section 14502 of
this title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary under
section 14104 of this title''.
(b) Exemption.--Section 5209(b)(1) of the Oceans Act of 1992
(Public Law 102-587; 46 U.S.C. 2101 note) is amended by
inserting before the period at the end the following: ``of less
than 500 gross tons as measured under section 14502, or an
alternate tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this
title.''.
(c) Watches.--Section 8104 of title 46, United States Code,
is amended--
(1) in subsection (g), by inserting after ``offshore
supply vessel'' the following: ``of less than 500 gross
tons as measured under section 14502 of this title, or
an alternate tonnage measured under section 14302 of
this title as prescribed by the Secretary under section
14104 of this title,'';
(2) in subsection (d), by inserting ``(1)'' after
``(d)'', and by adding at the end the following:
``(2) Paragraph (1) does not apply to an offshore supply
vessel of more than 6,000 gross tons as measured under section
14302 of this title if the individuals engaged on the vessel
are in compliance with hours of service requirements (including
recording and record-keeping of that service) prescribed by the
Secretary.''; and
(3) in subsection (e), by striking ``subsection (d)''
and inserting ``subsection (d)(1)''.
(d) Minimum Number of Licensed Individuals.--Section 8301(b)
of title 46, United States Code, is amended to read as follows:
``(b)(1) An offshore supply vessel shall have at least one
mate. Additional mates on an offshore supply vessel of more
than 6,000 gross tons as measured under section 14302 of this
title shall be prescribe in accordance with hours of service
requirements (including recording and record-keeping of that
service) prescribed by the Secretary.
``(2) An offshore supply vessel of more than 200 gross tons
as measured under section 14502 of this title, or an alternate
tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this title,
may not be operated without a licensed engineer.''.
SEC. 331. RECREATIONAL VESSEL OPERATOR EDUCATION AND TRAINING.
(a) In General.--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 study and report to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committees on Commerce, Science, and
Transportation of the Senate regarding recreational vessel
operator training. The study and report shall included a review
of--
(1) Coast Guard Auxiliary and Power Squadron training
programs;
(2) existing State boating education programs,
including programs by the National Association of State
Boating Law Administrators (in this section referred to
as ``NASBLA''); and
(3) other hands-on training programs available to
recreational vessel operators.
(b) Included Subjects.--The study shall specifically
examine--
(1) course materials;
(2) course content;
(3) training methodology;
(4) assessment methodology; and
(5) relevancy of course content to risks for
recreational boaters.
(c) Contents of Report.--The report under this section shall
include--
(1) a section regarding steps the Coast Guard and
NASBLA have taken to encourage States to adopt
mandatory recreational vessel operator training;
(2) an evaluation of the ability of the States to
harmonize their education programs and testing
procedures;
(3) an analysis of the extent States have provided
reciprocity among the States for their respective
mandatory and voluntary education requirements and
programs;
(4) a section examining the level of uniformity of
education and training between the States that
currently have mandatory education and training
programs;
(5) a section outlining the minimum standards for
education of recreational vessel operators;
(6) a section analyzing how a Federal training and
testing program can be harmonized with State training
and testing programs;
(7) analysis of course content and delivery
methodology for relevancy to risks for recreational
boaters;
(8) a description of the current phase-in periods for
mandatory boater education in State mandatory education
programs and recommendation for the phase-in period for
a mandatory boater education program including an
evaluation as to whether the phase-in period affects
course availability and cost;
(9) a description of the extent States allow for
experienced boaters to by-pass mandatory education
courses and go directly to testing;
(10) recommendations for a by-pass option for
experienced boaters;
(11) a section analyzing how the Coast Guard would
administer a Federal boating education, training, and
testing program; and
(12) the extent to which a Federal boating education,
training, and testing program should be required for
all waters of a State, including internal waters.
SEC. 332. SHIP EMISSION REDUCTION TECHNOLOGY DEMONSTRATION PROJECT.
(a) Study.--The Commandant of the Coast Guard shall conduct a
study--
(1) on the methods and best practices of the use of
exhaust emissions reduction technology on cargo or
passenger ships that operate in United States waters
and ports; and
(2) that identifies the Federal, State, and local
laws, regulations, and other requirements that affect
the ability of any entity to effectively demonstrate
onboard technology for the reduction of contaminated
emissions from ships.
(b) Report.--Within 180 days after the date of enactment of
this Act, the Commandant shall submit a report on the results
of the study conducted under subsection (a) to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
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) $2,200,000 for fiscal year 2008;
``(B) $2,300,000 for fiscal year 2009;
``(C) $2,400,000 for fiscal year 2010; and
``(D) $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.--By written request signed
by the seaman, a seaman employed on a passenger vessel capable
of carrying more than 500 passengers may authorize the master,
owner, or operator of the vessel, or the employer of the
seaman, to make deposits of wages of the seaman into a
checking, savings, investment, or retirement account, or other
account to secure a payroll or debit card for the seaman if--
``(1) the wages designated by the seaman for such
deposit are deposited in a United States or
international financial institution designated by the
seaman;
``(2) such deposits in the financial institution are
fully guaranteed under commonly accepted international
standards by the government of the country in which the
financial institution is licensed;
``(3) a written wage statement or pay stub, including
an accounting of any direct deposit, is delivered to
the seaman no less often than monthly; and
``(4) while on board the vessel on which the seaman
is employed, the seaman is able to arrange for
withdrawal of all funds on deposit in the account in
which the wages are deposited.''.
(b) Coastwise Voyages.--
(1) Cap on penalty wages.--Section 10504(c) of such
title is amended--
(A) by striking ``When'' and inserting ``(1)
Subject to subsection (d), and except as
provided in paragraph (2), when''; and
(B) by inserting at the end the following:
``(2) The total amount required to be paid under paragraph
(1) with respect to all claims in a class action suit by seamen
on a passenger vessel capable of carrying more than 500
passengers for wages under this section against a vessel
master, owner, or operator or the employer of the seamen shall
not exceed ten times the unpaid wages that are the subject of
the claims.
``(3) A class action suit for wages under this subsection
must be commenced within three years after the later of--
``(A) the date of the end of the last voyage for
which the wages are claimed; or
``(B) the receipt, by a seaman who is a claimant in
the suit, of a payment of wages that are the subject of
the suit that is made in the ordinary course of
employment.''.
(2) Deposits.--Section 10504 of such title is amended
by adding at the end the following:
``(f) Deposits in Seaman Account.--On written request signed
by the seaman, a seaman employed on a passenger vessel capable
of carrying more than 500 passengers may authorize, the master,
owner, or operator of the vessel, or the employer of the
seaman, to make deposits of wages of the seaman into a
checking, savings, investment, or retirement account, or other
account to secure a payroll or debit card for the seaman if--
``(1) the wages designated by the seaman for such
deposit are deposited in a United States or
international financial institution designated by the
seaman;
``(2) such deposits in the financial institution are
fully guaranteed under commonly accepted international
standards by the government of the country in which the
financial institution is licensed;
``(3) a written wage statement or pay stub, including
an accounting of any direct deposit, is delivered to
the seaman no less often than monthly; and
``(4) while on board the vessel on which the seaman
is employed, the seaman is able to arrange for
withdrawal of all funds on deposit in the account in
which the wages are deposited.''.
SEC. 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.--
(1) In general.--Except as provided in paragraph (2),
any property conveyed under this section shall be used
by the Town of Jupiter Island, Florida, solely for
conservation of fish and wildlife habitat and other
natural resources, including wetlands, beaches, and
dunes, and as protection against damage from wind,
tidal, and wave energy.
(2) Public access.--The Town of Jupiter Island shall
allow the public to have reasonable public access to
the property conveyed under this section, for customary
recreation use of the beach under a management program
established by agreement between the Town of Jupiter
Island, Florida, and Martin County, Florida.
(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
and public access.
(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. 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. 412. 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. 413. 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, 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. 414. 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. 415. 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. 416. CONVEYANCE OF COAST GUARD VESSEL TO COAHOMA COUNTY,
MISSISSIPPI.
(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. 417. CONVEYANCE OF COAST GUARD VESSEL TO WARREN COUNTY,
MISSISSIPPI.
(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. 418. CONVEYANCE OF COAST GUARD VESSEL TO WASHINGTON COUNTY,
MISSISSIPPI.
(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. 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.
SEC. 420. CONVEYANCE OF THE PRESQUE ISLE LIGHT STATION FRESNEL LENS TO
PRESQUE ISLE TOWNSHIP, MICHIGAN.
(a) Conveyance of Lens Authorized.--
(1) Transfer of possession.--Notwithstanding any
other provision of law, the Commandant of the Coast
Guard may transfer to Presque Isle Township, a township
in Presque Isle County in the State of Michigan (in
this section referred to as the ``Township''),
possession of the Historic Fresnel Lens (in this
section referred to as the ``Lens'') from the Presque
Isle Light Station Lighthouse, Michigan (in this
section referred to as the ``Lighthouse'').
(2) Condition.--As a condition of the transfer of
possession authorized by paragraph (1), the Township
shall, not later than one year after the date of
transfer, install the Lens in the Lighthouse for the
purpose of operating the Lens and Lighthouse as a Class
I private aid to navigation pursuant to section 85 of
title 14, United States Code, and the applicable
regulations under that section.
(3) Conveyance of lens.--Upon the certification of
the Commandant that the Township has installed the Lens
in the Lighthouse and is able to operate the Lens and
Lighthouse as a private aid to navigation as required
by paragraph (2), the Commandant shall convey to the
Township all right, title, and interest of the United
States in and to the Lens.
(4) Cessation of united states operations of aids to
navigation at lighthouse.--Upon the making of the
certification described in paragraph (3), all active
Federal aids to navigation located at the Lighthouse
shall cease to be operated and maintained by the United
States.
(b) Reversion.--
(1) Reversion for failure of aid to navigation.--If
the Township does not comply with the condition set
forth in subsection (a)(2) within the time specified in
that subsection, the Township shall, except as provided
in paragraph (2), return the Lens to the Commandant at
no cost to the United States and under such conditions
as the Commandant may require.
(2) Exception for historical preservation.--
Notwithstanding the lack of compliance of the Township
as described in paragraph (1), the Township may retain
possession of the Lens for installation as an artifact
in, at, or near the Lighthouse upon the approval of the
Commandant and under such conditions for the
preservation and conservation of the Lens as the
Commandant shall specify for purposes of this
paragraph. Installation of the Lens under this
paragraph shall occur, if at all, not later than two
years after the date of the transfer of the Lens to the
Township under subsection (a)(1).
(3) Reversion for failure of historical
preservation.--If retention of the Lens by the Township
is authorized under paragraph (2) and the Township does
not install the Lens in accordance with that paragraph
within the time specified in that paragraph, the
Township shall return the lens to the Coast Guard at no
cost to the United States and under such conditions as
the Commandant may require.
(c) Conveyance of Additional Personal Property.--
(1) Transfer and conveyance of personal property.--
Notwithstanding any other provision of law, the
Commandant may transfer to the Township any additional
personal property of the United States related to the
Lens that the Commandant considers appropriate for
conveyance under this section. If the Commandant
conveys the Lens to the Township under subsection
(a)(3), the Commandant may convey to the Township any
personal property previously transferred to the
Township under this subsection.
(2) Reversion.--If the Lens is returned to the Coast
Guard pursuant to subsection (b), the Township shall
return to the Coast Guard all personal property
transferred or conveyed to the Township under this
subsection except to the extent otherwise approved by
the Commandant.
(d) Conveyance Without Consideration.--The conveyance of the
Lens and any personal property under this section shall be
without consideration.
(e) Delivery of Property.--The Commandant shall deliver
property conveyed under this section--
(1) at the place where such property 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.
(f) Maintenance of Property.--As a condition of the
conveyance of any property to the Township under this section,
the Commandant shall enter into an agreement with the Township
under which the Township agrees--
(1) to operate the Lens as a Class I private aid to
navigation under section 85 of title 14, United States
Code, and application regulations under that section;
and
(2) to hold the United States harmless for any claim
arising with respect to personal property conveyed
under this section.
(g) Limitation on Future Conveyance.--The instruments
providing for the conveyance of property under this section
shall--
(1) require that any further conveyance of an
interest in such property may not be made without the
advance approval of the Commandant; and
(2) provide that, if the Commandant determines that
an interest in such property was conveyed without such
approval--
(A) all right, title, and interest in such
property shall revert to the United States, and
the United States shall have the right to
immediate possession of such property; and
(B) the recipient of such property shall pay
the United States for costs incurred by the
United States in recovering such property.
(h) Additional Terms and Conditions.--The Commandant may
require such additional terms and conditions in connection with
the conveyances authorized by this section as the Commandant
considers appropriate to protect the interests of the United
States.
SEC. 421. FISHING IN SOUTH PACIFIC TUNA TREATY CONVENTION AREA.
Section 12113 of title 46, United States Code, is amended by
adding at the end the following new subsection:
``(j) A fishery endorsement is not required for a United
States-documented purse seine tuna fishing vessel home ported
in American Samoa while fishing exclusively for highly
migratory species under a license issued pursuant to the 1987
Treaty on Fisheries Between the Governments of Certain Pacific
Island States and the Government of the United States of
America in the treaty area or in any portion of the United
States exclusive economic zone bordering the treaty area.''.
SEC. 422. ASSESSMENT OF NEEDS FOR ADDITIONAL COAST GUARD PRESENCE IN
HIGH LATITUDE REGIONS.
Within 270 days after the date of enactment of this Act, the
Secretary of the department in which the Coast Guard is
operating shall submit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives assessing the need for additional Coast Guard
prevention and response capability in the high latitude
regions. The assessment shall address needs for all Coast Guard
mission areas, including search and rescue, marine pollution
response and prevention, fisheries enforcement, and maritime
commerce. The Secretary shall include in the report--
(1) an assessment of the high latitude operating
capabilities of all current Coast Guard assets,
including assets acquired under the Deepwater program;
(2) an assessment of projected needs for Coast Guard
forward operating bases in the high latitude regions;
(3) an assessment of shore infrastructure, personnel,
logistics, communications, and resources requirements
to support Coast Guard forward operating bases in the
high latitude regions;
(4) an assessment of the need for high latitude
icebreaking capability and the capability of the
current high latitude icebreaking assets of the Coast
Guard, including--
(A) whether the Coast Guard's high latitude
icebreaking fleet is meeting current mission
performance goals;
(B) whether the fleet is capable of meeting
projected mission performance goals; and
(C) an assessment of the material condition,
safety, and working conditions aboard high
latitude icebreaking assets, including the
effect of those conditions on mission
performance;
(5) a detailed estimate of acquisition costs for each
of the assets (including shore infrastructure)
necessary for additional prevention and response
capability in high latitude regions for all Coast Guard
mission areas, and an estimate of operations and
maintenance costs for such assets for the initial 10-
year period of operations; and
(6) detailed cost estimates (including operating and
maintenance for a period of 10 years) for high latitude
icebreaking capability to ensure current and projected
future mission performance goals are met, including
estimates of the costs to--
(A) renovate and modernize the Coast Guard's
existing high latitude icebreaking fleet; and
(B) replace the Coast Guard's existing high
latitude icebreaking fleet.
SEC. 423. STUDY OF REGIONAL RESPONSE VESSEL AND SALVAGE CAPABILITY FOR
OLYMPIC PENINSULA COAST, WASHINGTON.
No 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 study through the National Academy of
Sciences the need for regional response vessel and salvage
capability for the State of Washington Olympic Peninsula coast.
In conducting the study, the National Academy of Sciences shall
consult with Federal, State, and tribal officials and other
relevant stakeholders. The study shall--
(1) identify the capabilities, equipment, and
facilities necessary for a response vessel in the entry
to the Strait of Juan de Fuca at Neah Bay in order to
optimize oil spill protection on Washington's Olympic
Peninsula coast and provide rescue towing services, oil
spill response, and salvage and firefighting
capabilities;
(2) analyze the multimission capabilities necessary
for a rescue vessel and the need for that vessel to
utilize cached salvage, oil spill response, and oil
storage equipment while responding to a spill or a
vessel in distress, and make recommendations as to the
placement of such equipment;
(3) address scenarios that consider all vessel types
and weather conditions and compare current Neah Bay
rescue vessel capabilities, costs, and benefits with
other United States industry-funded response vessels,
including those currently operating in Alaska's Prince
William Sound;
(4) determine whether the current level of protection
afforded by the Neah Bay response vessel and associated
response equipment is comparable to protection in other
locations where response vessels operate, including
Prince William Sound, Alaska, and if it is not
comparable, make recommendations regarding how
capabilities, equipment, and facilities should be
modified to achieve optimum protection; and
(5) consider pending firefighting and salvage
regulations developed pursuant to the Oil Pollution Act
of 1990.
SEC. 424. REPORT ON PROJECTED WORKLOAD AT THE COAST GUARD YARD IN
CURTIS BAY, MARYLAND.
Within six months after the date of enactment of this Act,
the Secretary of the department in which the Coast Guard is
operating shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate, a report detailing the projected workload for the
current calendar year and each of the subsequent 5 calendar
years at the Coast Guard Yard in Curtis Bay, Maryland, and the
total full-time equivalents (FTE) to be supported by the
account established under section 648 of title 14, United
States Code, (popularly known as the Yard Fund) in each such
calendar year to meet that workload. The report shall--
(1) detail work projects to be undertaken during the
current calendar year and during each of the next five
calendar years as part of the Mission Effectiveness
Program (MEP) and projects projected to be undertaken
that are not associated with the MEP;
(2) identify the number of regular full-time
employees, term employees, and employees in any other
classification that are projected to be employed in any
capacity at the Yard in each such calendar year;
(3) specify how many of the employees in any capacity
that are expected to be employed at the Yard in each
such year are expected to be uniformed members of the
Coast Guard and how many are expected to be civilians;
(4) identify how many employees in any capacity
(whether uniformed or civilian) are projected to be
assigned in each such calendar year to each of overhead
positions, engineering positions, waterfront support
positions, and waterfront trade positions to meet
projected workloads in that year;
(5) identify the amount of overtime in each of
overhead positions, engineering positions, waterfront
support positions, and waterfront trade positions
position that will be required to meet the projected
workload in each such calendar year;
(6) identify the number of trades training students
that are projected to be trained at the Yard in each
such calendar year; and
(7) address whether the FTE ceiling in place for the
Yard is sufficient to allow all work projects scheduled
for the current calendar year to be completed on
schedule, and what level of FTE is likely to be
required in each of the subsequent five calendar years
to allow completion on schedule of the projected
workload in each of those years.
SEC. 425. STUDY OF BRIDGES OVER NAVIGABLE WATERS.
The Secretary of Transportation shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a comprehensive study on the
proposed construction or alteration of any bridge, drawbridge,
or causeway over navigable waters with a channel depth of 25
feet or greater of the United States that may impede or
obstruct future navigation to or from port facilities.
SEC. 426. LIMITATION ON JURISDICTION OF STATES TO TAX CERTAIN SEAMEN.
Section 11108(b)(2)(B) of title 46, United States Code, is
amended to read as follows:
``(B) who performs regularly-assigned duties
while engaged as a master, officer, or crewman
on a vessel operating on navigable waters in 2
or more States.''.
SEC. 427. DECOMMISSIONED COAST GUARD VESSELS FOR BERMUDA.
(a) In General.--Notwithstanding any other law, upon the
scheduled decommissioning of any Coast Guard 41-foot patrol
boat and after the Government of Haiti has exercised all of
their options under section 411, the Commandant of the Coast
Guard shall give the Government of Bermuda a right-of-first-
refusal for conveyance of that vessel to the Government of
Bermuda, if that Government of Bermuda agrees--
(1) to use the vessel for the Coast Guard of Bermuda;
(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 3
vessels to the Government of Bermuda 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. 428. RECREATIONAL MARINE INDUSTRY.
(a) Exception.--Section 2(3)(F) of the Longshore and Harbor
Workers' Compensation Act (33 U.S.C. 902(3)) is amended to read
as follows:
``(F) individuals who--
``(i) are employed to manufacture any
recreational vessel under 165 feet in
length; or
``(ii) are employed to repair any
recreational vessel, or to dismantle
any part of any recreational vessel in
connection with repair of the
vessel;''.
(b) Recreational Endorsement.--Section 12114 of title 46,
United States Code, is amended by adding at the end the
following:
``(d) Vessels Manufactured by Certain Individuals.--A vessel
manufactured by individuals under the exception provided in
section 2(3)(F) of the Longshore and Harbor Workers'
Compensation Act may only be issued a recreational vessel
endorsement under this chapter, and that restriction shall be
noted on the certification of documentation issued under
section 12105.''.
SEC. 429. CONVEYANCE OF COAST GUARD VESSELS TO NASSAU COUNTY, NEW YORK.
(a) Authority to Convey.--Notwithstanding the Federal
Property and Administrative Services Act of 1949, the
Commandant of the Coast Guard may convey to the Police
Department of Nassau County, New York (in this section referred
to as the ``Police Department''), without consideration all
right, title, and interest of the United States in and to two
Coast Guard 41-foot patrol boats that the Commandant
determines--
(1) is appropriate for use by the Police 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 Police Department under which
the Police Department agrees--
(1) to utilize the vessel for homeland security and
other appropriate purposes as jointly agreed upon by
the Commandant and the Police 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 a
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 Police Department
for use to enhance the operability of a 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
a conveyance authorized by subsection (a) as the Commandant
considers appropriate to protect the interests of the United
States.
TITLE V--BALLAST WATER TREATMENT
SEC. 501. SHORT TITLE.
This title may be cited as the ``Ballast Water Treatment Act
of 2008''.
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 engages in the discharge of ballast water
in waters subject to the jurisdiction of the United
States 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 or a vessel that continuously
takes on and discharges ballast water in a flow-through
system.
``(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 issued by the vessel's country of
registration if the government of that country
requires the ballast water management plan for
that vessel to include information comparable
to the information required under 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) at least monthly, 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) Ballast water regulations.--Ballast
water exchange regulations developed under
subparagraph (A)(i) shall contain--
``(i) a provision for ballast water
exchange that requires--
``(I) at least 1 empty-and-
refill cycle, outside the
exclusive economic zone or in
an alternative exchange area
designated by the Secretary, of
each ballast tank that contains
ballast water to be discharged
into waters of the United
States; or
``(II) for a case in which
the master of a vessel
determines that compliance with
the requirement under subclause
(I) is impracticable, a
sufficient number of flow-
through exchanges of ballast
water, outside the exclusive
economic zone or in an
alternative exchange area
designated by the Secretary, to
achieve replacement of at least
95 percent of ballast water in
ballast tanks of the vessel, as
determined by a certification
dye study conducted or model
developed by the Secretary and
recorded in the ballast water
management plan of the vessel
pursuant to subsection
(c)(2)(A)(i); and
``(ii) if a ballast water exchange is
not undertaken pursuant to subsection
(h), a contingency procedure that
requires the master of a vessel to use
the best practicable technology or
practice to treat ballast discharge.
``(C) 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 aquatic
nuisance species if preliminary experiments
prior to installation of the technology aboard
the vessel demonstrate that the technology
meets the ballast water discharge standard
provided under Regulation D-2 of the
International Convention for the Control and
Management of Ships' Ballast Water and
Sediments as signed on February 13, 2004.
``(2) Guidance; 5-year usage.--
``(A) Guidance.--Not later than one year
after the date of enactment of the Ballast
Water Treatment Act of 2008, 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--
``(I) in an alternative area
that may be designated by the
Secretary, after consultation
with the Under Secretary, and
other appropriate Federal
agencies as determined by the
Secretary, and representatives
of States the waters of which
may be affected by the
discharge of ballast water; or
``(II) 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 and subsection (h)(1)--
``(A) if the vessel operates exclusively--
``(i) within the Great Lakes
ecosystem; 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) National marine sanctuaries and other
prohibited areas.--
``(A) In general.--A vessel may not conduct
ballast water exchange or discharge ballast
water under this subsection--
``(i) within a national marine
sanctuary designated under the National
Marine Sanctuaries Act (16 U.S.C. 1431
et seq.);
``(ii) a marine national monument
designated under the Act of June 8,
1906 (chapter 3060; 16 U.S.C. 433 et
seq.), popularly known as the
Antiquities Act of 1906;
``(iii) a national park;
``(iv) 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
``(v) in any other waters designated
by the Secretary, in consultation with
the Under Secretary and the
Administrator.
``(B) Additional areas.--The Secretary shall,
after consultation with the Under Secretary,
the Administrator, and other appropriate
Federal and State agencies, as determined by
the Secretary, and opportunity for public
comment, establish criteria for designating
additional areas in which, due to their
sensitive ecological nature, restrictions on
the discharge of vessel ballast water or
sediment containing aquatic nuisance species
are warranted.
``(C) State waters.--The Governor of any
State may submit a written petition to the
Secretary to designate an area of State waters
that meets the criteria established under
subparagraph (B) of this paragraph. The
petition shall include a detailed analysis as
to how the area proposed to be designated meets
those criteria. An area may not be designated
under this paragraph until the Secretary
determines, based on evidence provided by the
Governor, that adequate alternative areas or
reception facilities for discharging ballast
water or sediment are available. Within 180
days after receiving such a petition, the
Secretary shall--
``(i) make a determination as to
whether the proposal meets the
requirements of this paragraph for
designation; and
``(ii) either--
``(I) publish a written
notice of the petition and the
proposed restrictions in the
Federal Register; or
``(II) notify the Governor in
writing that the area proposed
for designation does not
qualify for designation under
this paragraph and include in
the notice a detailed
explanation of why the area
does not qualify for
designation under this
paragraph.
``(D) Procedure; deadline.--Before
designating any area in response to a petition
under subparagraph (C), the Secretary, after
providing an opportunity for public comment,
shall publish notice in the Federal Register of
the proposed designation. The Secretary and the
Under Secretary shall make such information
available through other appropriate mechanisms,
including a notice to mariners and inclusion on
nautical charts.
``(E) Effect on state law.--Nothing in this
paragraph supersedes any State law in effect as
of January 1, 2007, that restricts the
discharge of ballast water or sediment in State
waters and requires such discharges to be made
into reception facilities.
``(9) Vessels without pumpable ballast water or with
no ballast on board.--Not later than 180 days after the
date of enactment of the Ballast Water Treatment Act of
2008, the Secretary shall promulgate regulations to
minimize the discharge of invasive species from vessels
entering a United States port or place from outside the
United States exclusive economic zone that do not
exchange their ballast water pursuant to paragraph
(1)(A)(iii) of this subsection and claim no ballast on
board, or that claim to be carrying only unpumpable
quantities of ballast, including, at a minimum, a
requirement that--
``(A) such a ship shall conduct saltwater
flushing of ballast water tanks--
``(i) outside the exclusive economic
zone; or
``(ii) at a designated alternative
exchange site; and
``(B) before being allowed entry into the
Great Lakes beyond the St. Lawrence Seaway, the
master of such a vessel shall certify that the
vessel has complied with each applicable
requirement under this subsection.
``(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 and of viruses as may be
specified in regulations issued by the
Secretary and the Administrator, after
consultation with other appropriate Federal
agencies as determined by the Secretary and the
Administrator, 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 2008, 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.--
``(A) IMO standard implementation.--A vessel
to which this section applies shall have a
ballast water treatment system that meets the
standards provided under Regulation D-2 of the
International Convention for the Control and
Management of Ships' Ballast Water and
Sediments as signed on February 13, 2004,
beginning on the date of the first drydocking
of the vessel after December 31, 2008.
``(B) United states standard
implementation.--Paragraph (1) applies to a
vessel to which this section applies beginning
on the date of the first drydocking of the
vessel after December 31, 2011, but not later
than December 31, 2013.
``(C) Period for use of equipment.--The
Secretary shall allow a vessel using a
treatment system installed under this
subsection to continue to use that system for
10 years after the date on which that system
was first placed in service on the vessel.
``(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, in
consultation with the Administrator, 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) In general.--Not less than 2 years
before January 1, 2012, the Secretary, in
consultation with the Administrator, shall
complete a review to determine whether
appropriate technologies are available to
achieve the performance standards set forth in
paragraph (1). In reviewing the technologies
the Secretary, the Administrator, and 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) Delay in scheduled application.--If the
Secretary, in consultation with the
Administrator, determines, on the basis of the
review conducted under subparagraph (A), and
after an opportunity for a public hearing, that
technology that complies with the standards set
forth in paragraph (1) in accordance with the
schedule set forth in paragraph (3) is not
available for any class of vessels, the
Secretary shall require use of technology that
achieves the performance levels of the best
performing technology available. If the
Secretary finds that no technology is available
that will achieve the standards set forth in
paragraph (1), then the Secretary shall--
``(i) extend the date on which that
paragraph applies to vessels for a
period of not more than 24 months; and
``(ii) recommend action to ensure
that compliance with the extended date
schedule for that subparagraph is
achieved.
``(C) More protective standards; earlier
implementation.--
``(i) Performance standards.--If the
Secretary and the Administrator
determine that ballast water treatment
technology exists that exceeds the
performance standards required under
paragraph (1), the Secretary and the
Administrator shall, for any class of
vessels, revise the performance
standards to incorporate the higher
performance standards.
``(ii) Implementation.--If the
Secretary and the Administrator
determine that technology that achieves
the applicable performance standards
required under paragraph (1) can be
implemented earlier than required by
this subsection, the Secretary and the
Administrator shall, for any class of
vessels, accelerate the implementation
schedule under paragraph (3). If the
Secretary and the Administrator
accelerate the implementation schedule
pursuant to this clause, the Secretary
and the Administrator shall provide at
least 24 months notice before such
accelerated implementation goes into
effect.
``(iii) Determinations not mutually
exclusive.--The Secretary and the
Administrator shall take action under
both clause (i) and clause (ii) if the
Secretary and the Administrator make
determinations under both clauses.
``(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 Administrator and
the Secretary shall complete review of ballast
water treatment standards in effect under this
subsection to determine, after consultation
with the heads of other appropriate Federal
agencies determined by the Administrator and
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 Administrator
and the Secretary shall revise, by regulation,
the requirements of this subsection as
necessary.
``(B) Application of adjusted standards.--In
the regulations, the Secretary and the
Administrator 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 voyages.--
``(A) Vessel list.--Not later than one year
after the date of enactment of the Ballast
Water Treatment Act of 2008, the Secretary
shall publish and regularly update a list of
vessels, not equipped with ballast water
equipment under this section, 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 a
geographically limited area if the Secretary
and the Administrator have determined through a
rulemaking proceeding, after consultation with
the heads of other appropriate Federal agencies
as determined by the Secretary and the
Administrator, 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 ecosystem
shall be presumed not to pose a significant
risk of introducing aquatic nuisance species
unless the Secretary and the Administrator find
otherwise in a rulemaking proceeding under
subparagraph (A).
``(C) Best practices.--The Secretary and the
Administrator 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) Testing protocols and laboratories.--
``(A) In general.--The Secretary and the
Administrator, shall, no later than 90 days
after the date of enactment of the Ballast
Water Treatment Act of 2008 and without regard
to chapter 5 of title 5, United States Code,
issue interim protocols for verifying the
performance of ballast water treatment
technologies required by this Act, criteria for
certifying laboratories to evaluate such
technologies, and procedures for approving
treatment equipment and systems for shipboard
use.
``(B) Protocols and procedures for treatment
technologies.--In developing protocols and
procedures for verifying and approving
treatment technologies, the Secretary and the
Administrator, shall consider using existing
protocols and procedures including methods used
as part of the Ballast Water Management
Demonstration Program by the Environmental
Protection Agency as a part of its
Environmental Testing & Verification Program,
or by the Secretary as part of the Coast
Guard's Shipboard Technology Evaluation
Program.
``(C) Laboratories.--The Secretary and the
Administrator shall utilize Federal or non-
Federal laboratories that meet standards
established by the Secretary for the purpose of
evaluating and certifying ballast water
treatment technologies and equipment under this
subsection.
``(D) Requirements; updates.--The Secretary
and the Administrator shall periodically review
and, if necessary, revise the criteria,
protocols, and procedures developed under this
paragraph.
``(12) Program to support the promulgation and
implementation of standards.--
``(A) In general.--The Secretary and the
Administrator, 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) 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.
``(D) 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.
``(E) 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.
``(9) Report.--Beginning 1 year after final
regulations have been adopted pursuant to this section
after the enactment of the Ballast Water Treatment Act
of 2008, and annually thereafter, the Secretary shall
prepare a report summarizing the results of ballast
water inspection and enforcement activities. The report
shall, at a minimum, include information on the number
of vessels inspected and the type of inspections, the
status of implementation of treatment technologies, the
number of exemptions claimed from ballast water
exchange requirements, the number of violations, a
summary of enforcement and regulatory actions, and
overall compliance statistics. The report shall be made
available on the National Ballast Information
Clearinghouse established under section 1102(f).
``(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) and paragraph (4) of this subsection 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.
``(4) Limitation on application.--Until January 1,
2012, this subsection does not apply to a State law
requiring ballast water treatment and any regulations
prescribed under that law as those laws and regulations
were in effect on January 1, 2007.
``(r) Legal Actions.--
``(1) Civil action.--Any person may petition the
Secretary to bring a civil action in an appropriate
district court of the United States to enforce this
section, or any regulation promulgated hereunder.
Within 90 days after receiving such a petition, the
Secretary shall--
``(A) respond to the person filing the
petition with a determination of whether a
violation of this section, or any regulation
promulgated hereunder, has occurred or is
occurring; and
``(B) if the Secretary determines that a
violation of this section, or any regulation
promulgated hereunder, has occurred or is
occurring--
``(i) immediately bring a civil
action in an appropriate district court
of the United States to enforce this
section, or any regulation promulgated
hereunder; or
``(ii) demonstrate that the violation
has ceased.
``(2) Relief.--Any court before which such an action
is brought may award appropriate relief, including
temporary or permanent injunctive relief and civil
penalties.
``(s) 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 2008, 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 2008, 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;''; and
(11) in paragraph (23), as so redesignated, by
striking the period at the end and inserting ``;''.
(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 enactment of the Ballast Water Treatment Act
of 2008; 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
ballast water treatment technologies 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
ballast water treatment technologies 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 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 ballast water treatment
technologies.--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--MARITIME POLLUTION PREVENTION
SEC. 601. SHORT TITLE.
This title may be cited as the ``Maritime Pollution
Prevention Act of 2008''.
SEC. 602. REFERENCES.
Wherever in this title an amendment or repeal is expressed in
terms of an amendment to or a repeal of a section or other
provision, the reference shall be considered to be made to a
section or other provision of the Act to Prevent Pollution from
Ships (33 U.S.C. 1901 et seq.).
SEC. 603. DEFINITIONS.
Section 2(a) (33 U.S.C. 1901(a)) is amended--
(1) by redesignating the paragraphs (1) through (12)
as paragraphs (2) through (13), respectively;
(2) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) `Administrator' means the Administrator of the
Environmental Protection Agency.'';
(3) in paragraph (5) (as so redesignated) by striking
``and V'' and inserting ``V, and VI'';
(4) in paragraph (6) (as so redesignated) by striking
```discharge' and `garbage' and `harmful substance' and
`incident''' and inserting ```discharge', `emission',
`garbage', `harmful substance', and `incident'''; and
(5) by redesignating paragraphs (7) through (13) (as
redesignated) as paragraphs (8) through (14),
respectively, and inserting after paragraph (6) (as
redesignated) the following:
``(7) `navigable waters' includes the territorial sea
of the United States (as defined in Presidential
Proclamation 5928 of December 27, 1988) and the
internal waters of the United States;''.
SEC. 604. APPLICABILITY.
Section 3 (33 U.S.C. 1902) is amended--
(1) in subsection (a)--
(A) by striking ``and'' at the end of
paragraph (3);
(B) by striking the period at the end of
paragraph (4) and inserting ``; and''; and
(C) by adding at the end the following:
``(5) with respect to Annex VI to the Convention, and
other than with respect to a ship referred to in
paragraph (1)--
``(A) to a ship that is in a port, shipyard,
offshore terminal, or the internal waters of
the United States;
``(B) to a ship that is bound for, or
departing from, a port, shipyard, offshore
terminal, or the internal waters of the United
States, and is in--
``(i) the navigable waters of the
United States;
``(ii) an emission control area
designated pursuant to section 4; or
``(iii) any other area that the
Administrator, in consultation with the
Secretary and each State in which any
part of the area is located, has
designated by order as being an area
from which emissions from ships are of
concern with respect to protection of
public health, welfare, or the
environment;
``(C) to a ship that is entitled to fly the
flag of, or operating under the authority of, a
party to Annex VI, and is in--
``(i) the navigable waters of the
United States;
``(ii) an emission control area
designated under section 4; or
``(iii) any other area that the
Administrator, in consultation with the
Secretary and each State in which any
part of the area is located, has
designated by order as being an area
from which emissions from ships are of
concern with respect to protection of
public health, welfare, or the
environment; and
``(D) to the extent consistent with
international law, to any other ship that is
in--
``(i) the exclusive economic zone of
the United States;
``(ii) the navigable waters of the
United States;
``(iii) an emission control area
designated under section 4; or
``(iv) any other area that the
Administrator, in consultation with the
Secretary and each State in which any
part of the area is located, has
designated by order as being an area
from which emissions from ships are of
concern with respect to protection of
public health, welfare, or the
environment.'';
(2) in subsection (b)--
(A) in paragraph (1) by striking ``paragraph
(2)'' and inserting ``paragraphs (2) and (3)'';
and
(B) by adding at the end the following:
``(3) With respect to Annex VI the Administrator, or the
Secretary, as relevant to their authorities pursuant to this
Act, may determine that some or all of the requirements under
this Act shall apply to one or more classes of public vessels,
except that such a determination by the Administrator shall
have no effect unless the head of the Department or agency
under which the vessels operate concurs in the determination.
This paragraph does not apply during time of war or during a
declared national emergency.'';
(3) by redesignating subsections (c) through (g) as
subsections (d) through (h), respectively, and
inserting after subsection (b) the following:
``(c) Application to Other Persons.--This Act shall apply to
all persons to the extent necessary to ensure compliance with
Annex VI to the Convention.''; and
(4) in subsection (e), as redesignated--
(A) by inserting ``or the Administrator,
consistent with section 4 of this Act,'' after
``Secretary'';
(B) by striking ``of section (3)'' and
inserting ``of this section''; and
(C) by striking ``Protocol, including
regulations conforming to and giving effect to
the requirements of Annex V'' and inserting
``Protocol (or the applicable Annex), including
regulations conforming to and giving effect to
the requirements of Annex V and Annex VI''.
SEC. 605. ADMINISTRATION AND ENFORCEMENT.
Section 4 (33 U.S.C. 1903) is amended--
(1) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively, and inserting
after subsection (a) the following:
``(b) Duty of the Administrator.--In addition to other duties
specified in this Act, the Administrator and the Secretary,
respectively, shall have the following duties and authorities:
``(1) The Administrator shall, and no other person
may, issue Engine International Air Pollution
Prevention certificates in accordance with Annex VI and
the International Maritime Organization's Technical
Code on Control of Emissions of Nitrogen Oxides from
Marine Diesel Engines, on behalf of the United States
for a vessel of the United States as that term is
defined in section 116 of title 46, United States Code.
The issuance of Engine International Air Pollution
Prevention certificates shall be consistent with any
applicable requirements of the Clean Air Act or
regulations prescribed under that Act.
``(2) The Administrator shall have authority to
administer regulations 12, 13, 14, 15, 16, 17, 18, and
19 of Annex VI to the Convention.
``(3) The Administrator shall, only as specified in
section 8(f), have authority to enforce Annex VI of the
Convention.'';
(2) in subsection (c), as redesignated, by
redesignating paragraph (2) as paragraph (4), and
inserting after paragraph (1) the following:
``(2) In addition to the authority the Secretary has to
prescribe regulations under this Act, the Administrator shall
also prescribe any necessary or desired regulations to carry
out the provisions of regulations 12, 13, 14, 15, 16, 17, 18,
and 19 of Annex VI to the Convention.
``(3) In prescribing any regulations under this section, the
Secretary and the Administrator shall consult with each other,
and with respect to regulation 19, with the Secretary of the
Interior.''; and
(3) by adding at the end of subsection (c), as
redesignated, the following:
``(5) No standard issued by any person or Federal authority,
with respect to emissions from tank vessels subject to
regulation 15 of Annex VI to the Convention, shall be effective
until 6 months after the required notification to the
International Maritime Organization by the Secretary.''.
SEC. 606. CERTIFICATES.
Section 5 (33 U.S.C. 1904) is amended--
(1) in subsection (a) by striking ``The Secretary''
and inserting ``Except as provided in section 4(b)(1),
the Secretary'';
(2) in subsection (b) by striking ``Secretary under
the authority of the MARPOL protocol.'' and inserting
``Secretary or the Administrator under the authority of
this Act.''; and
(3) in subsection (e) by striking ``environment.''
and inserting ``environment or the public health and
welfare.''.
SEC. 607. RECEPTION FACILITIES.
Section 6 (33 U.S.C. 1905) is amended--
(1) in subsection (a) by adding at the end the
following:
``(3) The Secretary and the Administrator, after consulting
with appropriate Federal agencies, shall jointly prescribe
regulations setting criteria for determining the adequacy of
reception facilities for receiving ozone depleting substances,
equipment containing such substances, and exhaust gas cleaning
residues at a port or terminal, and stating any additional
measures and requirements as are appropriate to ensure such
adequacy. Persons in charge of ports and terminals shall
provide reception facilities, or ensure that reception
facilities are available, in accordance with those regulations.
The Secretary and the Administrator may jointly prescribe
regulations to certify, and may issue certificates to the
effect, that a port's or terminal's facilities for receiving
ozone depleting substances, equipment containing such
substances, and exhaust gas cleaning residues from ships are
adequate.'';
(2) in subsection (b) by inserting ``or the
Administrator'' after ``Secretary'';
(3) in subsection (e) by striking paragraph (2) and
inserting the following:
``(2) The Secretary may deny the entry of a ship to a port or
terminal required by the MARPOL Protocol, this Act, or
regulations prescribed under this section relating to the
provision of adequate reception facilities for garbage, ozone
depleting substances, equipment containing those substances, or
exhaust gas cleaning residues, if the port or terminal is not
in compliance with the MARPOL Protocol, this Act, or those
regulations.'';
(4) in subsection (f)(1) by striking ``Secretary is''
and inserting ``Secretary and the Administrator are'';
and
(5) in subsection (f)(2) by striking ``(A)''.
SEC. 608. INSPECTIONS.
Section 8(f) (33 U.S.C. 1907(f)) is amended to read as
follows:
``(f)(1) The Secretary may inspect a ship to which this Act
applies as provided under section 3(a)(5), to verify whether
the ship is in compliance with Annex VI to the Convention and
this Act.
``(2) If an inspection under this subsection or any other
information indicates that a violation has occurred, the
Secretary, or the Administrator in a matter referred by the
Secretary, may undertake enforcement action under this section.
``(3) Notwithstanding subsection (b) and paragraph (2) of
this subsection, the Administrator shall have all of the
authorities of the Secretary, as specified in subsection (b) of
this section, for the purposes of enforcing regulations 17 and
18 of Annex VI to the Convention to the extent that shoreside
violations are the subject of the action and in any other
matter referred to the Administrator by the Secretary.''.
SEC. 609. AMENDMENTS TO THE PROTOCOL.
Section 10(b) (33 U.S.C. 1909(b)) is amended by inserting
``or the Administrator as provided for in this Act,'' after
``Secretary,''.
SEC. 610. PENALTIES.
Section 9 (33 U.S.C. 1908) is amended--
(1) by striking ``Protocol,,'' each place it appears
and inserting ``Protocol,'';
(2) in subsection (b)--
(A) by inserting ``, or the Administrator as
provided for in this Act'' after ``Secretary''
the first place it appears;
(B) in paragraph (2), by inserting ``, or the
Administrator as provided for in this Act,''
after ``Secretary''; and
(C) in the matter after paragraph (2)--
(i) by inserting ``, or the
Administrator as provided for in this
Act'' after ``Secretary'' the first
place it appears; and
(ii) by inserting ``, or the
Administrator as provided for in this
Act,'' after ``Secretary'' the second
and third places it appears;
(3) in subsection (c), by inserting ``, or the
Administrator as provided for in this Act,'' after
``Secretary'' each place it appears; and
(4) in subsection (f), by inserting ``, or the
Administrator as provided for in this Act'' after
``Secretary'' the first place appears.
SEC. 611. EFFECT ON OTHER LAWS.
Section 15 (33 U.S.C. 1911) is amended to read as follows:
``SEC. 15. EFFECT ON OTHER LAWS.
``Authorities, requirements, and remedies of this Act
supplement and neither amend nor repeal any other authorities,
requirements, or remedies conferred by any other provision of
law. Nothing in this Act shall limit, deny, amend, modify, or
repeal any other authority, requirement, or remedy available to
the United States or any other person, except as expressly
provided in this Act.''.
TITLE VII--PORT SECURITY
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 activities that
jeopardize 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 or 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 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 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 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 maritime
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 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
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
Representatives, 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 INTERAGENCY 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. MARITIME BIOMETRIC IDENTIFICATION.
(a) In General.--The Secretary of Homeland Security, acting
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. 709. REVIEW OF POTENTIAL THREATS.
Not later than 1 year after the date of enactment of this
Act, the Secretary of Homeland Security shall submit to the
Committee on Homeland Security of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate a report 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. 710. PORT SECURITY PILOT.
The Secretary of Homeland Security shall establish a pilot
program to test and deploy preventive radiological or 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. 711. 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 criminal act or omission
that results in death or bodily injury, all sexual
assaults and missing persons, or any other 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.
(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. 712. 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. 713. 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
enactment of this Act, the Comptroller General shall 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 of the Senate 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;
(3) the impact of TWIC on the recruiting and hiring
of seasonal and other temporary employees; and
(4) an assessment of possible alternatives to TWIC
certification that may be used for seasonal employees
including any security vulnerabilities created by those
alternatives.
SEC. 714. COMPARATIVE RISK ASSESSMENT OF VESSEL-BASED AND FACILITY-
BASED LIQUEFIED NATURAL GAS REGASIFICATION
PROCESSES.
(a) In General.--Within 90 days after the date of enactment
of this Act, the Secretary of Homeland Security, acting through
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
enactment of this Act, the Secretary Homeland Security, acting
through 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. 715. PILOT PROGRAM FOR FINGERPRINTING OF MARITIME WORKERS.
(a) In General.--Within 180 days after the date of enactment
of this Act, the Secretary of Homeland Security shall establish
procedures providing for an individual who is required to be
fingerprinted for purposes of obtaining a transportation
security card under section 70105 of title 46, United States
Code, to be fingerprinted at any facility operated by or under
contract with an agency of the Department of Homeland Security
that fingerprints the public for the Department.
(b) Expiration.--This section expires on December 31, 2012.
SEC. 716. TRANSPORTATION SECURITY CARDS ON VESSELS.
Section 70105(b)(2) of title 46, United States Code, is
amended--
(1) in subparagraph (B), by inserting after ``title''
the following: ``allowed unescorted access to a secure
area designated in a vessel security plan approved
under section 70103 of this title''; and
(2) in subparagraph (D), by inserting after ``tank
vessel'' the following: ``allowed unescorted access to
a secure area designated in a vessel security plan
approved under section 70103 of this title''.
SEC. 717. INTERNATIONAL LABOR STUDY.
The Comptroller General of the United States shall conduct a
study of methods to conduct a background security investigation
of an individual who possesses a biometric identification card
that complies with International Labor Convention number 185
that are equivalent to the investigation conducted on
individuals applying for a visa to enter the United States. The
Comptroller General shall submit a report on the study within
180 days after the date of enactment of this Act 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.
SEC. 718. MARITIME SECURITY ADVISORY COMMITTEES.
Section 70112 of title 46, United States Code, is amended--
(1) by amending subsection (b)(5) to read as follows:
``(5)(A) The National Maritime Security Advisory Committee
shall be composed of--
``(i) at least 1 individual who represents the
interests of the port authorities;
``(ii) at least 1 individual who represents the
interests of the facilities owners or operators;
``(iii) at least 1 individual who represents the
interests of the terminal owners or operators;
``(iv) at least 1 individual who represents the
interests of the vessel owners or operators;
``(v) at least 1 individual who represents the
interests of the maritime labor organizations;
``(vi) at least 1 individual who represents the
interests of the academic community;
``(vii) at least 1 individual who represents the
interests of State or local governments; and
``(viii) at least 1 individual who represents the
interests of the maritime industry.
``(B) Each Area Maritime Security Advisory Committee
shall be composed of individuals who represents the
interests of the port industry, terminal operators,
port labor organizations, and other users of the port
areas.''; and
(2) in subsection (g)--
(A) in paragraph (1)(A), by striking
``2008;'' and inserting ``2010;'';
(B) by repealing paragraph (2);
(C) by striking ``(1)''; and
(D) by redesignating subparagraphs (A) and
(B) as paragraphs (1) and (2).
SEC. 719. SEAMEN'S SHORESIDE ACCESS.
Each facility security plan approved under section 70103(c)
of title 46, United States Code, shall provide a system for
seamen assigned to a vessel at that facility, pilots, and
representatives of seamen's welfare and labor organizations to
board and depart the vessel through the facility in a timely
manner at no cost to the individual.
SEC. 720. WATERSIDE SECURITY AROUND LIQUEFIED NATURAL GAS TERMINALS AND
LIQUEFIED NATURAL GAS TANKERS.
(a) Enforcement of Security Zones.--Consistent with other
provisions of law, any security zone established by the Coast
Guard around a tanker containing liquified natural gas shall be
enforced by the Coast Guard. If the Coast Guard must enforce
multiple simultaneous security zones, the Coast Guard shall
allocate resources so as to deter to the maximum extent
practicable a transportation security incident (as that term is
defined in sectin 70101 of title 46, United States Code).
(b) Limitation on Reliance on State and Local Government.--
Any security arrangement approved as part of a facility
security plan approved after the date of enactment of this Act
under section 70103 of title 46, United States Code, for a
liquefied natural gas terminal on or adjacent to the navigable
waters of the United States, or to assist in the enforcement of
any security zone established by the Coast Guard around a
tanker containing liquefied natural gas, 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 of the
department in which the Coast Guard is operating, acting
through the Commandant of the Coast Guard, ensures that the
waterborne patrols operated as part of that security
arrangement by a State or local government have the training,
resources, personnel, equipment, and experience necessary to
deter to the maximum extent practicable a transportation
security incident (as that term is defined in section 70101 of
title 46, United States Code).
(c) Determination Required for New Lng Terminals.--The
Secretary of the department in which the Coast Guard is
operating, acting through the Commandant of the Coast Guard,
may not approve a facility security plan under section 70103 of
title 46, United States Code, for a new liquefied natural gas
terminal the construction of which is begun after the date of
enactment of this Act unless the Secretary determines that the
Coast Guard has available to the sector in which the terminal
is located the resources it needs to carry out the navigation
and maritime security risk management measures identified in
the waterway suitability report prepared pursuant to the Ports
and Waterways Safety Act.
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 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 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.
TITLE IX--MINORITY SERVING INSTITUTIONS
SEC. 901. MSI MANAGEMENT INTERNSHIP PROGRAM.
(a) Establishment and Purpose.--The Commandant of the Coast
Guard shall establish a two part management internship program
for students at minority serving institutions (MSI) to intern
at Coast Guard headquarters or a Coast Guard regional office,
to be known as the ``MSI Management Internship Program'', to
develop a cadre of civilian, career mid-level and senior
managers for the Coast Guard.
(b) Operation.--The MSI Management Internship Program shall
be managed by the Secretary of Homeland Security, acting
through the Commandant of the Coast Guard, in coordination with
National Association for Equal Opportunity in Higher Education,
the Hispanic Association of Colleges and Universities, and the
American Indian Higher Education Consortium.
(c) Criteria for Selection.--Participation in the MSI
Management Internship Program shall be open to sophomores,
juniors, and seniors at minority serving institutions, with an
emphasis on such students who are majoring in management or
business administration, international affairs, political
science, marine sciences, criminal justice, or any other major
related to homeland security.
(d) Authorization of Appropriations.--There are authorized to
be appropriated $2,000,000 to the Commandant to carry out this
section.
SEC. 902. MSI INITIATIVES.
(a) Establishment of MSI Student Pre-Commissioning
Initiative.--The Commandant of the Coast Guard shall establish
an MSI component of the College Student Pre-Commissioning
Initiative (to be known as the ``MSI Student Pre-Commissioning
Initiative Program'') to ensure greater participation by
students from MSIs in the College Student Pre-Commissioning
Initiative.
(b) Participation in Officer Candidate School.--The
Commandant of the Coast Guard shall ensure that graduates of
the MSI Student Pre-Commissioning Initiative Program are
included in the first enrollment for Officer Candidate School
that commences after the date of enactment of this title and
each enrollment period thereafter.
(c) Reports.--Not later than 90 days after the conclusion of
each academic year with respect to which the College Student
Pre-Commissioning Initiative and the MSI Student Pre-
Commissioning Initiative Program is carried out beginning with
the first full academic year after the date of the enactment of
this title, the Commandant 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 of the Senate a report on the number of students in
the College Student Pre-Commissioning Initiative and the number
of students in the MSI Student Pre-Commissioning Initiative
Program, outreach efforts, and demographic information of
enrollees including, age, gender, race, and disability.
(d) Establishment of MSI Aviation Officer Corps Initiative.--
The Commandant of the Coast Guard shall establish an MSI
Aviation Officer Corps Initiative to increase the diversity of
the Coast Guard Aviation Officer Corps through an integrated
recruiting, accession, training, and assignment process that
offers guaranteed flight school opportunities to students from
minority serving institutions.
(e) Authorization of Appropriations.--There are authorized to
be appropriated $3,000,000 to the Commandant to carry out this
section.
SEC. 903. COAST GUARD-MSI COOPERATIVE TECHNOLOGY PROGRAM.
(a) Establishment.--The Commandant of the Coast Guard shall
establish a Coast Guard Laboratory of Excellence-MSI
Cooperative Technology Program at three minority serving
institutions to focus on priority security areas for the Coast
Guard, such as global maritime surveillance, resilience, and
recovery.
(b) Collaboration.--The Commandant shall encourage
collaboration among the minority serving institutions selected
under subsection (a) and institutions of higher education with
institutional research and academic program resources and
experience.
(c) Partnerships.--The heads of the laboratories established
at the minority serving institutions pursuant to subsection (a)
may seek to establish partnerships with the private sector,
especially small, disadvantaged businesses, to--
(1) develop increased research and development
capacity;
(2) increase the number of baccalaureate and graduate
degree holders in science, technology, engineering,
mathematics (STEM), and information technology or other
fields critical to the mission of the Coast Guard; and
(3) strengthen instructional ability among faculty.
(d) Authorization of Appropriations.--There are authorized to
be appropriated $2,500,000 to the Commandant to carry out this
section, including for instrumentation acquisition and funding
undergraduate student scholarships, graduate fellowships, and
faculty-post doctoral study.
SEC. 904. DEFINITION.
For purposes of this title, the terms ``minority serving
institution'', ``minority serving institutions'', and ``MSI''
mean a historically Black college or university (as defined in
section 322 of the Higher Education Act of 1965), a Hispanic-
serving institution (as defined in section 502 of such Act), a
Tribal College or University (as defined in section 316 of such
Act), a Predominantly Black institution (as defined in section
499A(c) of such Act), or a Native American-serving nontribal
institution (as defined in section 499A(c) of such Act).
TITLE X--APPEALS TO NATIONAL TRANSPORTATION SAFETY BOARD
SEC. 1001. RIGHTS OF APPEAL REGARDING LICENSES, CERTIFICATES OF
REGISTRY, AND MERCHANT MARINERS' DOCUMENTS.
(a) Denial of Issuance or Renewal.--
(1) Licenses and certificates of registry.--Section
7101 of title 46, United States Code, is amended by
adding at the end the following new subsection:
``(j) Appeals to the National Transportation Safety Board.--
``(1) In general.--An individual whose application
for the issuance or renewal of a license or certificate
of registry has been denied under this chapter by the
Secretary may appeal that decision to the National
Transportation Safety Board, unless the individual
holds a license or certificate that--
``(A) is suspended at the time of the denial;
or
``(B) was revoked within the one-year period
ending on the date of the denial.
``(2) Procedure.--The Board shall conduct a hearing
on the appeal. The Board is not bound by findings of
fact of the Secretary but is bound by all validly
adopted interpretations of laws and regulations the
Secretary carries out unless the Board finds an
interpretation is arbitrary, capricious, or otherwise
not according to law. At the end of the hearing, the
Board shall decide whether the individual meets the
requirements for issuance or renewal of the license or
certificate of registry under applicable regulations
and standards. The Secretary is bound by the Board's
decision.''.
(2) Merchant mariners' documents.--Section 7302 of
title 46, United States Code, is amended by adding at
the end the following new subsection:
``(h) Appeals to the National Transportation Safety Board.--
``(1) In general.--An individual whose application
for the issuance or renewal of a merchant mariners'
document has been denied under this chapter by the
Secretary may appeal that decision to the National
Transportation Safety Board, unless the individual
holds a merchant mariners' document that--
``(A) is suspended at the time of the denial;
or
``(B) was revoked within the one-year period
ending on the date of denial.
``(2) Procedure.--The Board shall conduct a hearing
on the appeal. The Board is not bound by findings of
fact of the Secretary but is bound by all validly
adopted interpretations of laws and regulations the
Secretary carries out unless the Board finds an
interpretation is arbitrary, capricious, or otherwise
not according to law. At the end of the hearing, the
Board shall decide whether the individual meets the
requirements for issuance or renewal of the document
under applicable regulations and standards. The
Secretary is bound by the Board's decision.''.
(b) Suspension and Revocation.--Chapter 77 of title 46,
United States Code, is amended--
(1) in section 7702--
(A) by striking subsection (b); and
(B) by redesignating subsections (c) and (d)
as subsections (b) and (c), respectively;
(2) by adding at the end the following new sections:
``Sec. 7707. Appeals to the National Transportation Safety Board
``(a) In General.--An individual whose license, certificate
of registry, or merchant mariners' document has been suspended
or revoked under this chapter by the Secretary may appeal that
decision within 30 days to the National Transportation Safety
Board. The Board shall affirm or reverse the order after
providing notice and an opportunity for a hearing on the
record. In conducting the hearing under this section, the Board
is not bound by findings of fact of the Secretary but is bound
by all validly adopted interpretations of laws and regulations
the Secretary carries out and of written agency policy guidance
available to the public related to sanctions to be imposed
under this section, unless the Board finds an interpretation is
arbitrary, capricious, or otherwise not according to law.
``(b) Effectiveness of Order Pending Appeal.--
``(1) In general.--Except as provided in paragraph
(2), upon the filing by an individual of an appeal with
the Board under this subsection, the order of the
Secretary suspending or revoking the license,
certificate of registry, or merchant mariners' document
is stayed.
``(2) Exception.--If the Secretary notifies the Board
that the Secretary has determined there exists an
emergency affecting safety in maritime transportation
requires the immediate effectiveness of the order--
``(A) the order shall remain in effect
pending disposition of the appeal;
``(B) the Board shall make a final
disposition of the appeal not later than 60
days after the Secretary so notifies the Board;
and
``(C) if the Board does not act within such
60-day period, the order shall continue in
effect unless modified by the Secretary.
``(c) Review of Emergency Order.--A person affected by the
immediate effectiveness of the Secretary's order under
subsection (b)(2) may petition for a review by the Board under
procedures promulgated by the Board of the Secretary's
determination that an emergency exists. Such petition shall be
filed with the Board not later than 48 hours after the order is
received by the person. If the Board finds that an emergency
does not exist that requires the immediate application of the
order in the interest of safety in maritime transportation, the
order shall be stayed, notwithstanding subsection (b). The
Board shall dispose of a petition under this subsection not
later than 5 days after the date on which the petition is
filed.
``(d) Judicial Review.--An individual who is substantially
affected by an order of the Board under this section, or the
Secretary if the Secretary decides that an order of the Board
will have a significant adverse effect on carrying out this
part, may obtain judicial review of the order. The Secretary
shall be made a party to the judicial review proceedings. In
those proceedings, findings of fact of the Board are conclusive
if supported by substantial evidence.
``Sec. 7708. Limitations on the Coast Guard's conduct of administrative
proceedings
``The Coast Guard shall not conduct any administrative
proceeding under section 7101, 7302, 7503, chapter 77, or
section 9303 of this title under any contractual relationship
or interagency agreement with the National Transportation
Safety Board after October 1, 2009.''; and
(3) in the analysis at the beginning of the chapter
by adding at the end the following new items:
``Sec. 7707. Appeals to the National Transportation Safety Board.
``Sec. 7708. Limitations on the Coast Guard's conduct of administrative
proceedings.''.
(c) Effective Date.--This section shall take effect on
October 1, 2008.
SEC. 1002. AUTHORITIES OF NATIONAL TRANSPORTATION SAFETY BOARD.
(a) Review of Other Agency Action.--Section 1133 of title 49,
United States Code, is amended by striking paragraph (3) and
inserting the following:
``(3) the denial, amendment, modification,
suspension, or revocation of a license, certificate,
document, or register in a proceeding under section
7101, 7302, 7503, or 9303, or chapter 77, of title 46;
and''.
(b) Judicial Review.--
(1) In general.--Section 1153 of title 49, United
States Code, is amended--
(A) in the heading for subsection (b) by
inserting ``and maritime'' after ``aviation'';
and
(B) by adding at the end the following new
subsection:
``(d) Secretary Seeking Judicial Review of Maritime
Matters.--If the Secretary of the department in which the Coast
Guard is operating decides that an order of the Board under
chapter 77 of title 46 will have a significant impact on
carrying out this chapter with respect to a maritime matter,
the Secretary may obtain judicial review of the order. Findings
of fact of the Board are conclusive in those proceedings if
supported by substantial evidence.''.
(c) Effective Date.--This section shall take effect on
October 1, 2008.
SEC. 1003. TRANSFER OF PENDING APPEALS TO THE NATIONAL TRANSPORTATION
SAFETY BOARD.
(a) Administration of Pending Docket.--
(1) Transfer of pending cases.--On October 1, 2008,
any pending cases remaining undecided by the Coast
Guard Office of Administrative Law Judges shall be
transferred to the National Transportation Safety Board
for adjudication. Such cases shall be sequenced into
the docket of the National Transportation Safety Board
Office of Administrative Law Judges in the same order
as the dates of filing with the Coast Guard.
(2) Detail of administrative law judges.--The
Secretary of the department in which the Coast Guard is
operating shall, if requested by the Chairman of the
National Transportation Safety Board, make available to
the Board via temporary detail not to exceed 180 days,
and thereafter at the discretion of the Secretary,
Administrative Law Judges currently employed by the
Coast Guard sufficient to address the docket of
maritime enforcement cases transferred by this
subsection to the National Transportation Safety Board
and those subsequently filed with the National
Transportation Safety Board.
(3) Administrative assistance.--The Secretary of the
department in which the Coast Guard is operating shall,
if requested by the Chairman of the National
Transportation Safety Board, make available assistance
from the administrative offices of the Coast Guard
Office of the Administrative Law Judges sufficient
administrative personnel and other resources adequate
to effect an orderly transfer of pending cases to the
National Transportation Safety Board.
(b) Transfer of Funds.--For each of fiscal years 2009 and
2010, 80 percent of all funding appropriated for the Coast
Guard's Office of Administrative Law Judges shall be
transferred as an interagency transfer to the National
Transportation Safety Board and used for the Safety Board
Office of Administrative Law Judges.
(c) Maritime Enforcement Appeals Activity.--
(1) In general.--The National Transportation Safety
Board may establish within the National Transportation
Safety Board Office of Administrative Law Judges a
maritime enforcement appeals activity, to operate in
concert or parallel with the aviation enforcement
appeals activity currently existing, sufficient to
handle maritime enforcement appeals under title 46,
United States Code, as amended by this title.
(2) Filling of administrative law judge positions.--
Any Administrative Law Judge position established by
the National Transportation Safety Board to address the
cases and responsibilities transferred under this
section shall be filled through the established
Administrative Law Judge hiring process.
(3) Limitation on effect.--This section shall not be
construed--
(A) to transfer from the Coast Guard any
personnel, offices, or equipment funded under
this provision; or
(B) to authorize requiring any person to
transfer from the Coast Guard to the National
Transportation Safety Board.
(4) Exemption from regulations relating to reductions
in force.--Any redesignation of agency responsibilities
under this title is exempt from subpart C of part 351
of title 5, Code of Federal Regulations, and does not
constitute a transfer of function (as that term is
defined in section 351.203 of that title) for purposes
of that subpart.
SEC. 1004. RULEMAKING REQUIREMENTS.
(a) Interim Final Rule.--The National Transportation Safety
Board shall issue an interim final rule as a temporary
regulation implementing this title (including the amendments
made by this title) as soon as practicable after the date of
enactment of this Act, without regard to chapter 5 of title 5,
United States Code. All regulations prescribed under the
authority of this subsection that are not earlier superseded by
final regulations shall expire not later than 1 year after the
date of enactment of this Act.
(b) Initiation of Rulemaking.--The Board may initiate a
rulemaking to implement this title (including the amendments
made by this title) as soon as practicable after the date of
enactment of this Act. The final rule issued pursuant to that
rulemaking may supersede the interim final rule issued under
this section.
SEC. 1005. ADMINISTRATIVE LAW JUDGE RECRUITING PROGRAM.
(a) In General.--Within 60 days after the date of enactment
of this Act, the Secretary of the department in which the Coast
Guard is operating shall establish a program to recruit
qualified individuals from appropriate sources in an effort to
achieve a workforce drawn from all segments of society in the
Coast Guard's Administrative Law Judge program. This program
shall include--
(1) improved outreach efforts to include
organizations outside the Federal Government in order
to increase the number of minority candidates in the
selection pool for Administrative Law Judges from which
the Coast Guard selects their judges; and
(2) recruitment of minority candidates for Coast
Guard Administrative Law Judges from other Federal
agencies.
(b) Report.--The Secretary shall provide a report to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate by October 1 of each year
detailing the activities of the Coast Guard to comply with the
requirements of this section.
TITLE XI--MARINE SAFETY
SEC. 1101. MARINE SAFETY.
(a) Establish Marine Safety as a Coast Guard Function.--
Chapter 5 of title 14, United States Code, is further amended
by adding at the end the following new section:
``Sec. 100. Marine safety
``To protect life, property, and the environment on, under,
and over waters subject to the jurisdiction of the United
States and on vessels subject to the jurisdiction of the United
States, the Commandant shall promote maritime safety as
follows:
``(1) By taking actions necessary and in the public
interest to protect such life, property, and the
environment.
``(2) Based on the following priorities:
``(A) Preventing marine casualties and
threats to the environment.
``(B) Minimizing the impacts of marine
casualties and environmental threats.
``(C) Maximizing lives and property saved and
environment protected in the event of a marine
casualty.''.
(b) Clerical Amendment.--The analysis at the beginning of
such chapter is amended by adding at the end the following new
item:
``100. Marine safety.''.
SEC. 1102. MARINE SAFETY STAFF.
(a) In General.--Chapter 3 of title 14, United States Code,
is further amended by adding at the end the following new
section:
``Sec. 57. Marine safety staff
``(a) Assistant Commandant for Marine Safety.--(1) There
shall be in the Coast Guard an Assistant Commandant for Marine
Safety who shall be a Rear Admiral or civilian from the Senior
Executive Service (career reserved) selected by the Secretary.
``(2) The Assistant Commandant for Marine Safety shall serve
as the principal advisor to the Commandant regarding marine
safety, and carry out the duties and powers delegated and
imposed by the Secretary under section 631(b).
``(b) Chief of Marine Safety.--(1) There shall be in each
Coast Guard sector a Chief of Marine Safety who--
``(A) shall be at least a Commander or civilian at
level GS-14; and
``(B) shall be colocated with the Coast Guard officer
in command of that sector.
``(2) The chief of marine safety for a sector--
``(A) is responsible for all individuals who, on
behalf of the Coast Guard, inspect or examine vessels,
conduct marine casualty investigations, or perform
other marine safety responsibilities defined in section
631(b) in the sector; and
``(B) if not the Coast Guard officer in command of
that sector, is the principle advisor to that officers
regarding marine safety matters in that sector.
``(c) Qualifications.--(1) The Assistant Commandant for
Marine Safety and the Chiefs of Marine Safety of sectors, and
all marine safety inspectors, investigators, examiners, and
other professional staff assigned to the marine safety program
of the Coast Guard, shall be appointed on the basis of their--
``(A) knowledge, skill, and practical experience in--
``(i) the construction and operation of
commercial vessels; and
``(ii) judging the character, strength,
stability, and safety qualities of such vessels
and their equipment; and
``(B) knowledge about the qualifications and training
of vessel personnel.
``(2) Marine inspectors shall have the training, experience,
and qualifications equivalent to that required for a surveyor
of a similar position of a classification society recognized by
the Secretary under section 3316 of title 46 for the type of
vessel, system, or equipment that is inspected.
``(3) Marine casualty investigators shall have the training,
experience, and qualifications in investigation, accident
reconstruction, human factors, and documentation equivalent to
that required for a marine casualty investigator of the
National Transportation Safety Board.
``(4) The Chief of Marine Safety of a sector shall be a
qualified marine casualty investigator and marine inspector
qualified to inspect vessels, vessel systems, and equipment
commonly found in the sector.
``(5) Each individual signing a letter of qualification for
marine safety personnel must hold a letter of qualification for
the type they are signing.
``(6) The Assistant Commandant for Marine Safety shall be a
qualified marine casualty investigator and a marine inspector
qualified for types of vessels, vessel systems, and equipment.
``Sec. 58. Limited duty officers
``(a) Establishment.--The Commandant shall establish in the
Coast Guard a limited duty officer program for marine safety.
``(b) Officer Eligibility.--(1) Only commissioned officers in
the Coast Guard with grade not above commander and chief
warrant officers who have more than four years of marine safety
experience may serve as limited duty officers under such
program.
``(2) The Commandant may establish other limitations on
eligibility that the Commandant believes are necessary for the
good of the marine safety program.
``(3) Notwithstanding section 41a and chapter 11 of this
title, the Commandant shall, by regulation, establish
procedures pertaining to--
``(A) the promotion of commissioned officers and
chief warrant officers who serve as limited duty
officers, including the maintenance of a separate
promotion list for commissioned officers who serve as
limited duty officers;
``(B) the discharge, retirement, and revocation of
commissions of such officers; and
``(C) the separation for cause of such officers.
``(4) The Commandant shall ensure that the procedures
promulgated under paragraph (3)(A) encourage a specialization
in marine safety and do not, in any way, inhibit or prejudice
the orderly promotion or advancement of commissioned officers
and chief warrant officers who serve as limited duty officers.
``(5) The Commandant shall, by regulation, prescribe a step
increase in the pay system for limited duty officers in the
marine safety program.
``(c) Recruitment.--(1) The Commandant shall, by regulation,
establish procedures pertaining to the recruitment of graduates
from the United States Merchant Marine Academy and the State
maritime colleges and individuals holding licenses issued under
chapter 71 of title 46 to serve as limited duty officers.
``(2) Not later than the date of the submission of the
President's budget request under section 1105 of title 31 for
each fiscal year, the Commandant shall submit to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the Coast Guard's
efforts to recruit graduates from the United States Merchant
Marine Academy and the State maritime colleges and individuals
holding licenses issued under chapter 71 of title 46 to serve
as limited duty officers. The report shall include information
on the number of graduates recruited, the lengths of service,
the retention rates, and other activities undertaken by the
Coast Guard to sustain or increase the numbers of recruits and
officers.
``Sec. 59. Center for Expertise for Marine Safety
``(a) Establishment.--The Commandant of the Coast Guard may
establish and operate a one or more Centers for Expertise for
Marine Safety (in this section referred to as a `Center').
``(b) Missions.--The Centers shall--
``(1) be used to provide and facilitate education,
training, and research in marine safety including
vessel inspection and casuality investigation;
``(2) develop a repository of information on marine
safety; and
``(3) perform any other missions as the Commandant
may specify.
``(c) Joint Operation With Educational Institution
Authorized.--The Commandant may enter into an agreement with an
appropriate official of an institution of higher education to--
``(1) provide for joint operation of a Center; and
``(2) provide necessary administrative services for a
Center, including administration and allocation of
funds.
``(d) Acceptance of Donations.--(1) Except as provided in
paragraph (2), the Commandant may accept, on behalf of a
Center, donations to be used to defray the costs of the Center
or to enhance the operation of the Center. Those donations may
be accepted from any State or local government, any foreign
government, any foundation or other charitable organization
(including any that is organized or operates under the laws of
a foreign country), or any individual.
``(2) The Commandant may not accept a donation under
paragraph (1) if the acceptance of the donation would
compromise or appear to compromise--
``(A) the ability of the Coast Guard or the
department in which the Coast Guard is operating, any
employee of the Coast Guard or the department, or any
member of the armed forces to carry out any
responsibility or duty in a fair and objective manner;
or
``(B) the integrity of any program of the Coast
Guard, the department in which the Coast Guard is
operating, or of any person involved in such a program.
``(3) The Commandant shall prescribe written guidance setting
forth the criteria to be used in determining whether or not the
acceptance of a donation from a foreign source would have a
result described in paragraph (2).
``Sec. 60. Marine industry training program.
``(a) In General.--The Commandant shall, by policy, establish
a program under which an officer, member, or employee of the
Coast Guard may be assigned to a private entity to further the
institutional interests of the Coast Guard with regard to
marine safety, including for the purpose of providing training
to an officer, member, or employee. Policies to carry out the
program--
``(1) with regard to an employee of the Coast Guard,
shall include provisions, consistent with sections 3702
through 3704 of title 5, as to matters concerning--
``(A) the duration and termination of
assignments;
``(B) reimbursements; and
``(C) status, entitlements, benefits, and
obligations of program participants; and
``(2) shall require the Commandant, before approving
the assignment of an officer, member, or employee of
the Coast Guard to a private entity, to determine that
the assignment is an effective use of the Coast Guard's
funds, taking into account the best interests of the
Coast Guard and the costs and benefits of alternative
methods of achieving the same results and objectives.
``(b) Annual Report.--Not later than the date of the
submission each year of the President's budget request under
section 1105 of title 31, the Commandant shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report that describes--
``(1) the number of officers, members, and employees
of the Coast Guard assigned to private entities under
this section;
``(2) the specific benefit that accrues to the Coast
Guard for each assignment.''.
(b) Certificates of Inspection.--Section 3309 of title 46,
United States Code, is amended by adding at the end the
following:
``(d) A certificate of inspection issued under this section
shall be signed by the individuals that inspected the
vessel.''.
(c) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new items:
``57. Marine safety staff.
``58. Limited duty officers.
``59. Center for Expertise for Marine Safety.
``60. Marine industry training program.''.
SEC. 1103. MARINE SAFETY MISSION PRIORITIES AND LONG TERM GOALS.
(a) In General.--Chapter 21 of title 46, United States Code,
is further amended by adding after section 2116, as added by
section 313 of this Act, the following new section:
``Sec. 2117. Marine Safety Strategy, goals, and performance assessments
``(a) Long-Term Strategy and Goals.--In conjunction with
existing federally required strategic planning efforts, the
Secretary shall develop a long-term strategy for improving
vessel safety and the safety of individuals on vessels. The
strategy shall include the issuance each year of an annual plan
and schedule for achieving the following goals:
``(1) Reducing the number and rates of marine
casualties.
``(2) Improving the consistency and effectiveness of
vessel and operator enforcement and compliance
programs.
``(3) Identifying and targeting enforcement efforts
at high-risk vessels and operators.
``(4) Improving research efforts to enhance and
promote vessel and operator safety and performance.
``(b) Contents of Strategy and Annual Plans.--
``(1) Measurable goals.--The strategy and annual
plans shall include specific numeric or measurable
goals designed to achieve the goals set forth in
subsection (a). The purposes of the numeric or
measurable goals are the following:
``(A) To increase the number of safety
examinations on all high-risk vessels.
``(B) To eliminate the backlog of marine
safety-related rulemakings.
``(C) To improve the quality and
effectiveness of marine safety information
databases by ensuring that all Coast Guard
personnel accurately and effectively report all
safety, casualty, and injury information.
``(D) To provide for a sufficient number of
Coast Guard marine safety personnel, and
provide adequate facilities and equipment to
carry out the powers and duties delegated and
imposed by the Secretary under section 631(b).
``(2) Resource needs.--The strategy and annual plans
shall include estimates of--
``(A) the funds and staff resources needed to
accomplish each activity included in the
strategy and plans; and
``(B) the staff skills and training needed
for timely and effective accomplishment of each
goal.
``(c) Submission With the President's Budget.--Beginning with
fiscal year 2010 and each fiscal year thereafter, the Secretary
shall submit to Congress the strategy and annual plan at the
same time as the President's budget submission under section
1105 of title 31.
``(d) Achievement of Goals.--
``(1) Progress assessment.--No less frequently than
semiannually, the Coast Guard Commandant and the
Assistant Commandant for Marine Safety shall jointly
assess the progress of the Coast Guard toward achieving
the goals set forth in subsection (b). The Commandant
and the Assistant Commandant shall jointly convey their
assessment to the employees of the Assistant Commandant
and shall identify any deficiencies that should be
remedied before the next progress assessment.
``(2) Report to congress.--The Secretary shall report
annually to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate--
``(A) on the performance of the marine safety
program in achieving the goals of the marine
safety strategy and annual plan under
subsection (a) for the year covered by the
report;
``(B) on the program's mission performance in
achieving numerical measurable goals
established under subsection (b); and
``(C) recommendations on how to improve
performance of the program.''.
(b) Clerical Amendment.--The analysis for such chapter is
amended by adding at the end the following new item:
``2117. Marine Safety Strategy, goals, and performance assessments.''.
SEC. 1104. POWERS AND DUTIES.
Section 631 of title 14, United States Code, is amended--
(1) by inserting ``(a)'' before the first sentence;
and
(2) by adding at the end the following new
subsection:
``(b) The Assistant Commandant for Marine Safety shall serve
as the principle advisor to the Commandant regarding--
``(1) the operation, regulation, inspection,
identification, manning, and measurement of vessels,
including plan approval and the application of load
lines;
``(2) approval of materials, equipment, appliances,
and associated equipment;
``(3) the reporting and investigation of marine
casualties and accidents;
``(4) the licensing, certification, documentation,
protection and relief of merchant seamen;
``(5) suspension and revocation of licenses and
certificates;
``(6) enforcement of manning requirements,
citizenship requirements, control of log books;
``(7) documentation and numbering of vessels;
``(8) State boating safety programs;
``(9) commercial instruments and maritime liens;
``(10) the administration of bridge safety;
``(11) administration of the navigation rules;
``(12) the prevention of pollution from vessels;
``(13) ports and waterways safety;
``(14) waterways management; including regulation for
regattas and marine parades;
``(15) aids to navigation; and
``(16) other duties and powers of the Secretary
related to marine safety and stewardship.
``(c) Other Authority Not Affected.--Nothing in subsection
(b) affects--
``(1) the authority of Coast Guard officers and
members to enforce marine safety regulations using
authority under section 89 of this title; or
``(2) the exercise of authority under section 91 of
this title and the provisions of law codified at
sections 191 through 195 of title 50 on the date of
enactment of this paragraph.''.
SEC. 1105. APPEALS AND WAIVERS.
(a) In General.--Chapter 5 of title 14, United States Code,
is further amended by inserting at the end the following new
section:
``Sec. 102. Appeals and waivers
``Except for the Commandant of the Coast Guard, any
individual adjudicating an appeal of a decision or granting a
waiver regarding marine safety, including inspection or manning
and threats to the environment, shall be a qualified specialist
with the training, experience and qualifications in marine
safety to judge the facts and circumstances involved in the
appeal or waiver and make a judgment regarding the merits of
the appeal or waiver. In the case of an appeal or waiver
involving an inspected vessel, vessel systems or equipment, the
individual shall hold a letter of qualification to inspect the
type of vessel, vessel systems or equipment involved in the
appeal or waiver.''.
(b) Clerical Amendment.--The analysis for such chapter is
further amended by adding at the end the following new item:
``102. Appeals and waivers.''.
SEC. 1106. COAST GUARD ACADEMY.
(a) In General.--Chapter 9 of title 14, United States Code,
is amended by adding at the end the following new section:
``Sec. 199. Marine safety curriculum
``The Commandant of the Coast Guard shall ensure that
professional courses of study in marine safety are provided at
the Coast Guard Academy, and during other officer accession
programs, to give Coast Guard cadets and other officer
candidates a background and understanding of the marine safety
program. These courses may include such topics as program
history, vessel design and construction, vessel inspection,
casualty investigation, and administrative law and
regulations.''.
(b) Clerical Amendment.--The analysis for such chapter is
further amended by adding at the end the following new item:
``199. Marine safety curriculum.''.
SEC. 1107. GEOGRAPHIC STABILITY.
(a) In General.--Chapter 11 of title 14, United States Code,
is further amended by inserting after section 336 the following
new section:
``Sec. 337. Geographic stability
``The Commandant shall establish procedures that provide
geographic stability to interested Coast Guard officers,
employees, and members assigned to the marine safety program
carried out under section 100 who have a minimum of 10 years of
service in the marine safety program.''.
(b) Clerical Amendment.--The analysis for such chapter is
further amended by adding at the end the following new item:
``337. Geographic stability.''.
SEC. 1108. APPRENTICE PROGRAM.
(a) In General.--Chapter 11 of title 14, United States Code,
is further amended by inserting after section 337, as added by
section 1107 of this Act, the following new section:
``Sec. 338. Apprentice program
``Any officer, member, or employee of the Coast Guard in
training to become a marine inspector shall serve a minimum of
one-year apprenticeship, unless otherwise directed by the
Commandant of the Coast Guard, under the guidance of a
qualified inspector before conducting unsupervised inspections
of vessels under part B of subtitle II of title 46. The
Commandant may authorize shorter apprentice periods for certain
qualifications, as appropriate.''.
(b) Clerical Amendment.--The analysis for such chapter is
further amended by adding at the end the following new item:
``338. Apprentice program.''.
SEC. 1109. REPORT REGARDING CIVILIAN MARINE INSPECTORS.
Not later than one year after the date of enactment of this
Act, the Commandant of the Coast Guard shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on Coast Guard's efforts
to recruit and retain civilian marine inspectors and
investigators and the impact of such recruitment and retention
efforts on Coast Guard organizational performance.
PART B: TEXT OF AMENDMENTS TO BE MADE IN ORDER
1. An Amendment To Be Offered by Representative Oberstar of Minnesota,
or His Designee, Debatable for 10 Minutes
At the end of title II add the following:
SEC. __. POLICY ON SEXUAL HARASSMENT AND SEXUAL VIOLENCE AT THE COAST
GUARD ACADEMY.
(a) Required Policy.--Under guidance prescribed by the
Secretary of the department in which the Coast Guard is
operating, the Commandant of the Coast Guard shall direct the
Superintendent of the Coast Guard Academy to prescribe a policy
on sexual harassment and sexual violence applicable to the
cadets and other personnel of the Academy.
(b) Matters to Be Specified in Policy.--The policy on sexual
harassment and sexual violence prescribed under this section
shall include specification of the following:
(1) Programs to promote awareness of the incidence of
rape, acquaintance rape, and other sexual offenses of a
criminal nature that involve cadets or other Academy
personnel.
(2) Procedures that a cadet should follow in the case
of an occurrence of sexual harassment or sexual
violence, including--
(A) if the cadet chooses to report an
occurrence of sexual harassment or sexual
violence, a specification of the person or
persons to whom the alleged offense should be
reported and the options for confidential
reporting;
(B) a specification of any other person whom
the victim should contact; and
(C) procedures on the preservation of
evidence potentially necessary for proof of
criminal sexual assault.
(3) Procedures for disciplinary action in cases of
alleged criminal sexual assault involving a cadet or
other Academy personnel.
(4) Any other sanction authorized to be imposed in a
substantiated case of sexual harassment or sexual
violence involving a cadet or other Academy personnel
in rape, acquaintance rape, or any other criminal
sexual offense, whether forcible or nonforcible.
(5) Required training on the policy for all cadets
and other Academy personnel, including the specific
training required for personnel who process allegations
of sexual harassment or sexual violence involving
Academy personnel.
(c) Annual Assessment.--
(1) The Secretary, through the Commandant of the
Coast Guard, shall direct the Superintendent of the
Coast Guard Academy to conduct an assessment during
each Academy program year to determine the
effectiveness of the Academy's policies, training, and
procedures on sexual harassment and sexual violence
involving cadets and other Academy personnel.
(2) For the assessment for each of the 2009, 2010,
2011, 2012, and 2013 Academy program years, the
Superintendent shall conduct a survey of all Academy
personnel--
(A) to measure--
(i) the incidence, during that
program year, of sexual harassment and
sexual violence events, on or off the
Academy reservation, that have been
reported to officials of the Academy;
and
(ii) the incidence, in that program
year, of sexual harassment and sexual
violence events, on or off the Academy
reservation, that have not been
reported to officials of the Academy;
and
(B) to assess the perceptions of Academy
personnel on--
(i) the policies, training, and
procedures on sexual harassment and
sexual violence involving Academy
personnel;
(ii) the enforcement of such
policies;
(iii) the incidence of sexual
harassment and violence involving
Academy personnel in such program year;
and
(iv) any other issues relating to
sexual harassment and violence
involving Academy personnel.
(d) Annual Report.--
(1) The Commandant of the Coast Guard shall direct
the Superintendent of the Coast Guard Academy to submit
to the Commandant a report on sexual harassment and
sexual violence involving Academy personnel for each of
the 2009, 2010, 2011, 2012, and 2013 Academy program
years.
(2) The annual report under paragraph (1) shall
contain, for the Academy program year covered by the
report, the following matters:
(A) The number of sexual assaults, rapes, and
other sexual offenses involving Academy
personnel that have been reported to Academy
officials during the program year, and the
number of the reported cases that have been
substantiated.
(B) The policies, procedures, and processes
implemented by the Commandant of the Coast
Guard and the leadership of the Coast Guard
Academy in response to sexual harassment and
sexual violence involving Academy personnel
during the program year.
(C) In the report for the 2009 Academy
program year, a discussion of the survey
conducted under subsection (b), together with
an analysis of the results of the survey and a
discussion of any initiatives undertaken on the
basis of such results and analysis.
(D) In the report for each of the subsequent
Academy program years, the results of the
annual survey conducted in such program year
under subsection (b).
(E) A plan for the actions that are to be
taken in the following Academy program year
regarding prevention of and response to sexual
harassment and sexual violence involving
Academy personnel.
(3) The Commandant of the Coast Guard shall transmit
the annual report on the Coast Guard Academy required
under this subsection, together with the Commandant's
comments on the report, to the Secretary and the Board
of Visitors of the Academy.
(4) The Secretary shall transmit the annual report,
together with the Secretary's comments on the report,
to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
(5) The report for the 2009 Academy program year for
the Academy shall be submitted to the Commandant of the
Coast Guard not later than one year after the date of
the enactment of this Act.
(6) In this subsection, the term ``Academy program
year'' with respect to a year, means the Academy
program year that ends in that year.
At the end of title II add the following:
SEC. __. HOME PORT OF COAST GUARD VESSELS IN GUAM.
Section 96 of title 14, United States Code, is amended--
(1) by striking ``a State of the United States'' and
inserting ``the United States or Guam''; and
(2) by inserting ``or Guam'' after ``outside the
United States''.
At the end of title III add the following:
SEC. __. DELEGATION OF AUTHORITY TO CLASSIFICATION SOCIETIES REGARDING
OFFSHORE FACILITIES.
Section 3316 of title 46, United States Code, is amended by
adding at the end the following new subsection:
``(d)(1) The Secretary may delegate to the American Bureau of
Shipping or another classification society recognized by the
Secretary as meeting acceptable standards for such a society,
for a United States offshore facility, the authority to--
``(A) review and approve plans required for issuing a
certificate of inspection or certificate of compliance;
and
``(B) conduct inspections and examinations.
``(2) The Secretary may make a delegation under paragraph (1)
to a foreign classification society only if the foreign
classification society has offices and maintains records in the
United States and--
``(A) if the government of the foreign country in
which the society is headquartered delegates that
authority to the American Bureau of Shipping; or
``(B) to the extent the government of the foreign
country accepts plan review, inspections, or
examinations conducted by the American Bureau of
Shipping and provides equivalent access to inspect,
certify, and provide related services to offshore
facilities located in that country or operating under
the authority of that country.
``(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 United States offshore facility
ceases to be certified; and
``(B) shall permit access to those files at all
reasonable times to any officer, employee, or member of
the Coast Guard designated--
``(i) as a marine inspector and serving in a
position as a marine inspector; or
``(ii) in writing by the Secretary to have
access to those files.
``(4) For purposes of this section--
``(A) the term `offshore facility' means any
installation, structure, or other device (including any
vessel not documented under chapter 121 of this title
or the laws of another country) that is fixed or
floating, dynamically holds position or is temporarily
or permanently attached to the seabed or subsoil under
the sea, and is used for the purpose of exploring for,
developing, producing, or storing the resources from
that seabed or subsoil; and
``(B) the term `United States offshore facility'
means any offshore facility, fixed or floating, that
dynamically holds position or is temporarily or
permanently attached to the seabed or subsoil under the
territorial sea of the United States or the outer
Continental Shelf (as that term is defined in section 2
of the Outer Continental Shelf Lands Act (43 U.S.C.
1331)).''.
At the end of title III add the following:
SEC. __. REQUIREMENT FOR PILOTS TO CARRY AND UTILIZE PORTABLE
ELECTRONIC NAVIGATIONAL DEVICE.
The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.)
is amended by inserting after section 4A the following:
``SEC. 4B. PORTABLE ELECTRONIC DEVICE FOR NAVIGATION PURPOSES.
``(a) In General.--The Commandant of the Coast Guard may
issue regulations that--
``(1) require that any pilot licensed under subtitle
II of title 46, United States Code, while serving under
the authority of that license as pilot on a covered
vessel operating in waters designated in the regulation
shall carry and utilize a portable electronic device
that is--
``(A) equipped for navigational purposes; and
``(B) capable of being connected to an
Automatic Identification System; and
``(2) require such pilots to obtain training in the
use of such electronic devices, and prescribe
requirements for such training after consultation with
State or local pilotage authorities on specific
equipment and practices in the waters designated in the
regulation.
``(b) Determination of Need.--The Commandant shall consult
with State or local pilotage authorities for the waters covered
by the regulations to determine if the carriage and use of such
portable electronic devices would improve safe navigation under
local conditions and whether there is a need for mandatory
carriage requirements.
``(c) Covered Vessel Defined.--In this section the term
`covered vessel' means a self-propelled commercial vessel of
300 gross tons or more that does not have an electronic chart
prescribed under section 4A.''.
At the end of title IV add the following:
SEC. __. NEWTOWN CREEK, NEW YORK CITY, NEW YORK.
(a) Study.--The Administrator of the Environmental Protection
Agency shall conduct a study on the public health, safety, and
environmental concerns related to the underground petroleum
spill on the Brooklyn shoreline of Newtown Creek, New York
City, New York, in Greenpoint, Brooklyn, New York.
(b) Full-Site Characterization and Collection of New Field
Evidence.--In carrying out the study under this section, the
Administrator shall conduct a full-site characterization of the
underground petroleum spill, including the investigation,
collection, and analysis of new and updated data and field
evidence on the extent of the petroleum spill, including any
portion of the spill that has been diluted into surrounding
waters, and any surrounding soil contamination or soil vapor
contamination.
(c) Report.--Not later than one year after the date of
enactment of this Act, the Administrator shall submit a report
containing the results of the study to the Committee on
Environment and Public Works and the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(d) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $5,000,000.
Page 158, beginning at line 16, strike ``such information to
the Secretary'' and insert ``to the Secretary all the entries
entered in the ballast water record book during the preceding
month, and transmit such additional information''.
Page 172, after line 17, insert the following:
``The vessels to which this paragraph applies shall
conduct ballast water treatment in accordance with
subsection (f) when it applies.
----------
2. An Amendment To Be Offered by Representative LaTaurette of Ohio, or
His Designee, Debatable for 10 minutes.
In section 720 (page 257, line 10), after ``resources''
insert ``, including State and local government resources
available in accordance with subsection (b),''.
----------
3. An Amendment To Be Offered by Representative Matsui of California,
or Her Designee, Debatable for 10 minutes.
At the end of section 711 add the following new subsection:
(d) Availability of Incident Data Via Internet.--
(1) Website.--The Secretary shall maintain, on an
Internet site of the department in which the Coast
Guard is operating, a numerical accounting of the
missing persons and alleged crimes in covered security
incidents for which the Secretary receives notification
under subsection (a). The data shall be updated no less
frequently than quarterly, aggregated by cruise line,
and each cruise line shall be identified by name.
(2) Access to website.--Each cruise line taking on or
discharging passengers in the United States shall
include on its Internet site a link to the Internet
site referred to in paragraph (1), that is available to
the public.
----------
4. An Amendment To Be Offered by Representative Poe of Texas, or His
Designee, Debatable for 10 minutes.
At the end of the bill add the following new title:
TITLE __--ADDITIONAL MISCELLANEOUS PROVISIONS
SEC. __. OPERATION OF SUBMERSIBLE OR SEMI-SUBMERSIBLE VESSEL WITHOUT
NATIONALITY.
(a) In General.--Chapter 111 of title 18, United States Code,
is amended by adding at the end the following new section:
``Sec. 2285. Operation of submersible or semi-submersible vessel
without nationality
``(a) Findings and Declarations.--Congress finds and declares
that operating or embarking in a submersible or semi-
submersible vessel without nationality and on an international
voyage is a serious international problem, facilitates
transnational crime, including drug trafficking, and terrorism,
and presents a specific threat to the safety of maritime
navigation and the security of the United States.
``(b) Offenses.--
``(1) In general.--Whoever knowingly or intentionally
operates by any means or embarks in any submersible or
semi-submersible vessel that is without nationality and
that is navigating or has navigated into, through or
from waters beyond the outer limit of the territorial
sea of a single country or a lateral limit of that
country's territorial sea with an adjacent country,
shall be punished as prescribed in subsection (h).
``(2) Attempts and conspiracies.--Whoever attempts or
conspires to violate this section shall be punished as
prescribed in subsection (h).
``(c) Definitions.--In this section, the term--
``(1) `submersible vessel' means a vessel that is
capable of operating below the surface of the water,
and includes manned and unmanned watercraft.
``(2) `semi-submersible vessel' means any watercraft
constructed or adapted to be capable of putting much of
its bulk under the surface of the water.
``(3) `vessel without nationality' has the same
meaning as section 70502(d) of title 46.
``(d) Extraterritorial Jurisdiction.--There is
extraterritorial Federal jurisdiction over the offenses
described in this section, including an attempt or conspiracy
to commit such offense.
``(e) Claim of Nationality or Registry.--
``(1) A claim of nationality or registry under this
section includes only--
``(A) possession on board the vessel and
production of documents evidencing the vessel's
nationality as provided in article 5 of the
1958 Convention on the High Seas;
``(B) flying its nation's ensign or flag; or
``(C) a verbal claim of nationality or
registry by the master or individual in charge
of the vessel.
``(2) The failure of any submersible or semi-
submersible vessel to display registry numbers or a
national ensign or flag shall create a rebuttable
presumption that the vessel is without nationality, as
defined in this section.
``(f) Federal Activities.--Nothing in this section applies to
lawfully authorized activities carried out by or at the
direction of the United States Government.
``(g) Applicability of Other Provisions.--Sections 70504 and
70505 of title 46 apply to this section.
``(h) Penalties.--
``(1) Violations.--A person violating this section
shall be fined under this title, imprisoned not more
than 20 years, or both.
``(2) Consecutive sentence.--Notwithstanding any
other provision of law, a term of imprisonment imposed
under this section shall be consecutive to the sentence
of imprisonment for any other offense.''.
(b) Conforming Amendment.--The table of sections for chapter
111 of title 18, United States Code, is amended by adding at
the end the following new item:
``2285. Operation of submersible or semi-submersible vessel without
nationality.''.
____________________________________________________
5. An Amendment To Be Offered by Representative McNerney of California,
or His Designee, Debatable for 10 Minutes
At the end of the bill add the following new title:
TITLE __--ADDITIONAL MISCELLANEOUS PROVISIONS
SEC. __. LEGAL AUTHORITY OF THE COAST GUARD TO CARRY OUT ITS HOMELAND
SECURITY MISSIONS NOT IMPAIRED.
The provisions of this Act governing the marine safety
mission of the Coast Guard shall not impair the legal authority
of the Coast Guard to carry out its homeland security missions
including--
(1) protecting ports, waterways, coastal security,
and the marine transportation system from an act of
terrorism;
(2) securing our borders against aliens seeking to
unlawfully enter the United States, illegal drugs,
firearms, and weapons of mass destruction at ports,
waterways, and throughout the marine transportation
system;
(3) preventing human smuggling operations at ports,
waterways, and throughout the marine transportation
system;
(4) maintaining defense readiness to rapidly deploy
defensive port operations and security operations and
environmental defense operations;
(5) coordinating efforts and intelligence with
Federal, State, and local agencies to deter, detect,
and respond to the threat of terrorism at ports, on
waterways, and throughout the marine transportation
system;
(6) preventing Osama Bin Laden, al Qaeda, or any
other terrorist or terrorist organization from
attacking the United States or any United States
person;
(7) protecting the United States or any United States
person from threats posed by weapons of mass
destruction or other threats to national security.
----------
6. An Amendment To Be Offered by Representative Bilirakis of Florida,
or His Designee, Debatable for 10 Minutes
Strike section 708 and insert the following:
SEC. 708. MARITIME BIOMETRIC IDENTIFICATION.
(a) In General.--Within one year after the date of the
enactment of this Act, the Secretary of Homeland Security,
acting through the Commandant of the Coast Guard, shall
conduct, in the maritime environment, a program for the mobile
biometric identification of suspected individuals, including
terrorists, to enhance border security and for other purposes.
(b) Requirements.--The Secretary shall ensure the program
required in this section is coordinated with other biometric
identification programs within the Department of Homeland
Security.
(c) Cost Analysis.--Within 90 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Appropriations and Homeland Security of the House
of Representatives and the Committees on Appropriations and
Homeland Security and Governmental Affairs of the Senate an
analysis of the cost of expanding the Coast Guard's biometric
identification capabilities for use by the Coast Guard's
Deployable Operations Group, cutters, stations, and other
deployable maritime teams considered appropriate by the
Secretary, and any other appropriate Department of Homeland
Security maritime vessels and units. The analysis may include a
tiered plan for the deployment of this program that gives
priority to vessels and units more likely to encounter
individuals suspected of making illegal border crossings
through the maritime environment.
(d) Definition.--For the purposes of this section, the term
``biometric identification'' means use of fingerprint and
digital photography images.
----------
7. An Amendment To Be Offered by Representative Markey of
Massachusetts, or His Designee, Debatable for 10 Minutes
At the end of title VII add the following:
SEC. 708. REVIEW OF LIQUEFIED NATURAL GAS FACILITIES.
(a) Notice of Determination.--Consistent with other
provisions of law, the Secretary of Homeland Security must
notify the Federal Energy Regulatory Commission when a
determination is made that the waterway to a proposed waterside
liquefied natural gas facility is suitable or unsuitable for
the marine traffic associated with such facility.
(b) Federal Energy Regulatory Commission Response.--The
Federal Energy Regulatory Commission shall respond to the
Secretary's determination under subsection (a) by informing the
Secretary within 90 days of notification or at the conclusion
of any available appeal process, whichever is later, of what
action the Commission has taken, pursuant to its authorities
under the Natural Gas Act, regarding a proposal to construct
and operate a waterside liquefied natural gas facility subject
to a determination made under subsection (a).
----------
8. An Amendment To Be Offered by Representative Lofgren of California,
or Her Designee, Debatable for 10 Minutes
At the end of title VII add the following:
SEC. __. USE OF SECONDARY AUTHENTICATION FOR TRANSPORTATION SECURITY
CARDS.
The Secretary of Homeland Security may use a secondary
authentication system for individuals applying for
transportation security cards when fingerprints are not able to
be taken or read to enhance transportation security.
----------
9. An Amendment To Be Offered by Representative Bishop of New York, or
His Designee, Debatable for 10 Minutes
At the end of title VII add the following:
SEC. __. REPORT ON STATE AND LOCAL LAW ENFORCEMENT AUGMENTATION OF
COAST GUARD RESOURCES WITH RESPECT TO SECURITY
ZONES AND UNITED STATES PORTS.
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 submit to the Committees on Transportation
and Infrastructure and Homeland Security of the House of
Representatives and the Committees on Commerce, Science, and
Transportation and Homeland Security and Governmental Affairs
of the Senate a report on the extent to which State and local
law enforcement entities are augmenting Coast Guard resources
by enforcing Coast Guard-imposed security zones around vessels
transiting to, through, or from United States ports and
conducting port security patrols. At a minimum, the report
shall specify--
(1) the number of ports in which State and local law
enforcement entities are providing any services to
enforce Coast Guard-imposed security zones around
vessels transiting to, through, or from United States
ports or to conduct security patrols in United States
ports;
(2) the number of formal agreements entered into
between the Coast Guard and State and local law
enforcement entities to engage State and local law
enforcement entities in the enforcement of Coast Guard-
imposed security zones around vessels transiting to,
through, or from United States ports or the conduct of
port security patrols in United States ports, the
duration of those agreements, and the aid that State
and local entities are engaged to provided through
these agreements;
(3) the extent to which the Coast Guard has set
national standards for training, equipment, and
resources to ensure that State and local law
enforcement entities engaged in enforcing Coast Guard-
imposed security zones around vessels transiting to,
through, or from United States ports or in conducting
port security patrols in United States ports (or both)
can deter to the maximum extent practicable a
transportation security incident (as that term is
defined in section 70101 of title 46, United States
Code);
(4) the extent to which the Coast Guard has assessed
the ability of State and local law enforcement entities
to carry out the security assignments which they have
been engaged to perform, including their ability to
meet any national standards for training, equipment,
and resources that have been established by the Coast
Guard in order to ensure that these entities can deter
to the maximum extent practicable a transportation
security incident (as that term is defined in section
70101 of title 46, United States Code);
(5) the extent to which State and local law
enforcement entities are able to meet national
standards for training, equipment, and resources
established by the Coast Guard to ensure that those
entities can deter to the maximum extent practicable a
transportation security incident (as that term is
defined in section 70101 of title 46, United States
Code);
(6) the differences in law enforcement authority, and
particularly boarding authority, between the Coast
Guard and State and local law enforcement entities, and
the impact that these differences have on the ability
of State and local law enforcement entities to provide
the same level of security that the Coast Guard
provides during the enforcement of Coast Guard-imposed
security zones and the conduct of security patrols in
United States ports; and
(7) the extent of resource, training, and equipment
differences between State and local law enforcement
entities and the Coast Guard units engaged in enforcing
Coast Guard-imposed security zones around vessels
transiting to, through, or from United States ports or
conducting security patrols in United States ports.
----------
10. An Amendment To Be Offered by Representative Broun of Georgia, or
His Designee, Debatable for 10 Minutes
Strikes titles X and XI.
----------
11. An Amendment To Be Offered by Representative Cuellar of Texas, or
His Designee, Debatable for 10 Minutes
Add at the end the following:
TITLE __--ADDITIONAL MISCELLANEOUS PROVISIONS
SEC. __. MISSION REQUIREMENT ANALYSIS FOR NAVIGABLE PORTIONS OF THE RIO
GRANDE RIVER, TEXAS, INTERNATIONAL WATER BOUNDARY.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of the department in which the Coast
Guard is operating shall prepare a mission requirement analysis
for the navigable portions of the Rio Grande River, Texas,
international water boundary. The analysis shall take into
account the Coast Guard's involvement on the Rio Grande River
by assessing Coast Guard missions, assets, and personnel
assigned along the Rio Grande River. The analysis shall also
identify what would be needed for the Coast Guard to increase
search and rescue operations, migrant interdiction operations,
and drug interdiction operations.
----------
12. An Amendment To Be Offered by Representative Kirk of Illinois, or
His Designee, Debatable for 10 Minutes
Page 184, line 22, after ``subparagraph (A)'' insert ``or
(B).''
----------
13. An Amendment To Be Offered by Representative Smith of Texas, or His
Designee, Debatable for 10 Minutes
Add at the end the following:
TITLE XII--ALIEN SMUGGLING
SEC. 1201. MARITIME LAW ENFORCEMENT.
(a) Penalties.--Subsection (b) of section 2237 of title 18,
United States Code, is amended to read as follows:
``(b)(1) Whoever intentionally violates this section shall,
unless the offense is described in paragraph (2), be fined
under this title or imprisoned for not more than 5 years, or
both.
``(2) If the offense--
``(A) is committed in the course of a violation of
section 274 of the Immigration and Nationality Act
(alien smuggling); chapter 77 (peonage, slavery, and
trafficking in persons), section 111 (shipping), 111A
(interference with vessels), 113 (stolen property), or
117 (transportation for illegal sexual activity) of
this title; chapter 705 (maritime drug law enforcement)
of title 46, or title II of the Act of June 15, 1917
(Chapter 30; 40 Stat. 220), the offender shall be fined
under this title or imprisoned for not more than 10
years, or both;
``(B) results in serious bodily injury (as defined in
section 1365 of this title) or transportation under
inhumane conditions, the offender shall be fined under
this title, imprisoned not more than 15 years, or both;
or
``(C) results in death or involves kidnapping, an
attempt to kidnap, the conduct required for aggravated
sexual abuse (as defined in section 2241 without regard
to where it takes place), or an attempt to commit such
abuse, or an attempt to kill, be fined under such title
or imprisoned for any term of years or life, or
both.''.
(b) Limitation on Necessity Defense.--Section 2237(c) of
title 18, United States Code, is amended--
(1) by inserting ``(1)'' after ``(c)'';
(2) by adding at the end the following:
``(2) In a prosecution for a violation of this section, no
defense based on necessity can be raised unless the defendant--
``(A) as soon as practicable upon reaching shore,
delivered the person with respect to which the
necessity arose to emergency medical or law enforcement
personnel;
``(B) as soon as practicable, reported to the Coast
Guard the circumstances of the necessity resulting
giving rise to the defense; and
``(C) did not bring, attempt to bring, or in any
manner intentionally facilitate the entry of any alien,
as that term is defined in section 101(a)(3) of the
Immigration and Nationality Act (8 U.S.C. 1101 (a)(3)),
into the land territory of the United States without
lawful authority, unless exigent circumstances existed
that placed the life of that alien in danger, in which
case the reporting requirement of subparagraph (B) is
satisfied by notifying the Coast Guard as soon as
practicable after delivering that person to emergency
medical or law enforcement personnel ashore.''.
(c) Definition.--Section 2237(e) of title 18, United States
Code, is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph
(4) and inserting ``; and''; and
(3) by adding at the end the following:
``(5) the term `transportation under inhumane
conditions' means the transportation of persons in an
engine compartment, storage compartment, or other
confined space, transportation at an excessive speed,
transportation of a number of persons in excess of the
rated capacity of the means of transportation, or
intentionally grounding a vessel in which persons are
being transported.''.
SEC. 1202. AMENDMENT TO THE SENTENCING GUIDELINES.
(a) In General.--Pursuant to its authority under section 994
of title 28, United States Code, and in accordance with this
section, the United States Sentencing Commission shall review
and, if appropriate, amend the sentencing guidelines and policy
statements applicable to persons convicted of alien smuggling
offenses and criminal failure to heave to or obstruction of
boarding.
(b) Considerations.--In carrying out this subsection, the
Sentencing Commission, shall--
(1) consider providing sentencing enhancements or
stiffening existing enhancements for those convicted of
offenses described in paragraph (1) of this subsection
that--
(A) involve a pattern of continued and
flagrant violations;
(B) are part of an ongoing commercial
organization or enterprise;
(C) involve aliens who were transported in
groups of 10 or more;
(D) involve the transportation or abandonment
of aliens in a manner that endangered their
lives; or
(E) involve the facilitation of terrorist
activity; and
(2) consider cross-references to the guidelines for
Criminal Sexual Abuse and Attempted Murder.
(c) Expedited Procedures.--The Commission may promulgate the
guidelines or amendments under this subsection in accordance
with the procedures set forth in section 21(a) of the
Sentencing Act of 1987, as though the authority under that Act
had not expired.
In the table of sections in section 2 of the bill add at the
end the following:
``TITLE XII--ALIEN SMUGGLING
``Sec. 1201. Maritime law enforcement.
``Sec. 1202. Amendment to the sentencing guidelines.''.
____________________________________________________
14. An Amendment To Be Offered By Representative Jackson Lee of Texas
or Her Designee, Debatable for 10 Minutes
At the end of title VII add the following new section:
SEC. __. ASSESSMENT OF TRANSPORTATION SECURITY CARD ENROLLMENT SITES.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
prepare an assessment of the enrollment sites for
transportation security cards issued under section 70105 of
title 46, United States Code, including--
(1) the feasibility of keeping those enrollment sites
open 24 hours per day, and 7 days per week, in order to
better handle the large number of applications for such
cards;
(2) the feasibility of keeping those enrollment sites
open after September 25, 2008;
(3) the quality of customer service, including the
periods of time individuals are kept on hold on the
telephone, whether appointments are kept, and
processing times for applications.
(b) Timelines and Benchmarks.--The Secretary shall develop
timelines and benchmarks for implementing the findings of the
assessment as the Secretary deems necessary.
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15. An Amendment To Be Offered by Representative Stupak of Michigan, or
His Designee, Debatable for 10 Minutes
SEC. __. LAND CONVEYANCE, COAST GUARD PROPERTY IN MARQUETTE COUNTY,
MICHIGAN, TO THE CITY OF MARQUETTE, MICHIGAN.
(a) Conveyance Authorized.--The Commandant of the Coast Guard
may convey, without consideration, to the City of Marquette,
Michigan (in this section referred to as the ``City''), all
right, title, and interest of the United States in and to a
parcel of real property, together with any improvements
thereon, located in Marquette County, Michigan, that is under
the administrative control of the Coast Guard, consists of
approximately 5.5 acres, and is commonly identified as Coast
Guard Station Marquette and Lighthouse Point.
(b) Retention of Certain Easements.--In conveying the
property under subsection (a), the Commandant of the Coast
Guard may retain such easements over the property as the
Commandant considers appropriate for access to aids to
navigation.
(c) Limitations.--The property to be conveyed by subsection
(a) may not be conveyed under that subsection until--
(1) the Coast Guard has relocated Coast Guard Station
Marquette to a newly constructed station;
(2) any environmental remediation required under
Federal law with respect to the property has been
completed;
(3) the Commandant of the Coast Guard determines that
retention of the property by the United States is not
required to carry out Coast Guard missions or
functions.
(d) Conditions of Transfer.--All conditions placed within the
deed of title of the property to be conveyed under subsection
(a) shall be construed as covenants running with the land.
(e) Inapplicability of Screening or Other Requirements.--The
conveyance of property authorized by subsection (a) shall be
made without regard to the following;
(1) Section 2696 of title 10, United States Code.
(2) Chapter 5 of title 40, United States Code.
(3) Any other provision of law relating to the
screening, evaluation, or administration of excess or
surplus Federal property prior to conveyance by the
Administrator of General Services.
(f) Expiration of Authority.--The authority in subsection (a)
shall expire on the date that is five years after the date of
the enactment of this Act.
(g) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Commandant
of the Coast Guard. The cost of the survey shall be borne by
the United States.
(h) Additional Terms and Conditions.--The Commandant of the
Coast Guard may require such additional terms and conditions in
connection with the conveyance authorized by subsection (a) as
the Commandant considers appropriate to protect the interests
of the United States.
<all>