[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2830 Placed on Calendar Senate (PCS)]
Calendar No. 721
110th CONGRESS
2d Session
H. R. 2830
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 28, 2008
Received; read twice and placed on the calendar
_______________________________________________________________________
AN ACT
To authorize appropriations for the Coast Guard for fiscal year 2008,
to amend the Immigration and Nationality Act and title 18, United
States Code, to combat the crime of alien smuggling and related
activities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into two divisions as
follows:
(1) Division A--Coast Guard Authorization Act of 2008.
(2) Division B--Alien Smuggling and Terrorism Prevention
Act of 2008.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Organization of Act into divisions; table of contents.
DIVISION A--COAST GUARD AUTHORIZATION ACT OF 2008
TITLE I--AUTHORIZATION
Sec. 100. Short title.
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.
Sec. 222. Policy on sexual harassment and sexual violence at the Coast
Guard Academy.
Sec. 223. Home port of Coast Guard vessels in Guam.
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.
Sec. 333. Delegation of authority to classification societies regarding
offshore facilities.
Sec. 334. Requirement for pilots to carry and utilize portable
electronic navigational device.
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.
Sec. 430. Newtown Creek, New York City, New York.
Sec. 431. Land conveyance, Coast Guard property in Marquette County,
Michigan, to the City of Marquette,
Michigan.
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.
Sec. 721. Review of Liquefied Natural Gas Facilities.
Sec. 722. Use of secondary authentication for transportation security
cards.
Sec. 723. Report on State and local law enforcement augmentation of
Coast Guard resources with respect to
security zones and United States ports.
Sec. 724. Assessment of transportation security card enrollment sites.
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 XII--ADDITIONAL MISCELLANEOUS PROVISIONS
Sec. 1201. Mission requirement analysis for navigable portions of the
Rio Grande River, Texas, international
water boundary.
Sec. 1202. Operation of submersible or semi-submersible vessel without
nationality.
Sec. 1203. Legal authority of the coast guard to carry out its homeland
security missions not impaired.
DIVISION B--ALIEN SMUGGLING AND TERRORISM PREVENTION ACT OF 2008
Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Checks against terrorist watchlist.
Sec. 104. Strengthening prosecution and punishment of alien smugglers.
Sec. 105. Maritime law enforcement.
Sec. 106. Amendment to the sentencing guidelines.
DIVISION A--COAST GUARD AUTHORIZATION ACT OF 2008
TITLE I--AUTHORIZATION
SEC. 100. SHORT TITLE.
This division may be cited as the ``Coast Guard Authorization Act
of 2008''.
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
chapter is amended by adding at the end the following new item:
``197. Minority recruiting program.''.
SEC. 222. 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.
SEC. 223. 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''.
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;
and
(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
sections 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.
SEC. 333. 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)).''.
SEC. 334. 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.''.
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.
SEC. 430. 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.
SEC. 431. 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.
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 to the Secretary all the entries
entered in the ballast water record book during the
preceding month, and transmit such additional
information 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.
The vessels to which this paragraph applies shall conduct
ballast water treatment in accordance with subsection (f) when
it applies.
``(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)
or (B) 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.--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 Guards 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.
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.
(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.
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, including State and local government resources
available in accordance with subsection (b), 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.
SEC. 721. 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).
SEC. 722. 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.
SEC. 723. 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.
SEC. 724. 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.
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 division, 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 division, 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.
TITLE XII--ADDITIONAL MISCELLANEOUS PROVISIONS
SEC. 1201. 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.
SEC. 1202. 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.''.
SEC. 1203. LEGAL AUTHORITY OF THE COAST GUARD TO CARRY OUT ITS HOMELAND
SECURITY MISSIONS NOT IMPAIRED.
The provisions of this division 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.
DIVISION B--ALIEN SMUGGLING AND TERRORISM PREVENTION ACT OF 2008
SEC. 101. SHORT TITLE.
This division may be cited as the ``Alien Smuggling and Terrorism
Prevention Act of 2008''.
SEC. 102. FINDINGS.
Congress finds that--
(1) Alien smuggling by land, air and sea is a transnational
crime that violates the integrity of United States borders,
compromises our Nation's sovereignty, places the country at
risk of terrorist activity, and contravenes the rule of law.
(2) Aggressive enforcement activity against alien smuggling
is needed to protect our borders and ensure the security of our
Nation. The border security and anti-smuggling efforts of the
men and women on the Nation's front line of defense are to be
commended. Special recognition is due the Department of
Homeland Security through the United States Border Patrol,
United States Coast Guard, Customs and Border Protection, and
Immigration and Customs Enforcement, and the Department of
Justice through the Federal Bureau of Investigation.
(3) The law enforcement community must be given the
statutory tools necessary to address this security threat. Only
through effective alien smuggling statutes can the Justice
Department, through the United States Attorneys' Offices and
the Domestic Security Section of the Criminal Division,
prosecute these cases successfully.
(4) Alien smuggling has a destabilizing effect on border
communities. State and local law enforcement, medical
personnel, social service providers, and the faith community
play important roles in combating smuggling and responding to
its effects.
(5) Existing penalties for alien smuggling are insufficient
to provide appropriate punishment for alien smugglers.
(6) Existing alien smuggling laws often fail to reach the
conduct of alien smugglers, transporters, recruiters, guides,
and boat captains.
(7) Existing laws concerning failure to heave to are
insufficient to appropriately punish boat operators and crew
who engage in the reckless transportation of aliens on the high
seas and seek to evade capture.
(8) Much of the conduct in alien smuggling rings occurs
outside of the United States. Extraterritorial jurisdiction is
needed to ensure that smuggling rings can be brought to justice
for recruiting, sending, and facilitating the movement of those
who seek to enter the United States without lawful authority.
(9) Alien smuggling can include unsafe or recklessly
dangerous conditions that expose individuals to particularly
high risk of injury or death.
SEC. 103. CHECKS AGAINST TERRORIST WATCHLIST.
The Department of Homeland Security shall, to the extent
practicable, check against all available terrorist watchlists those
alien smugglers and smuggled individuals who are interdicted at the
land, air, and sea borders of the United States.
SEC. 104. STRENGTHENING PROSECUTION AND PUNISHMENT OF ALIEN SMUGGLERS.
Section 274(a) of the Immigration and Nationality Act (8 U.S.C.
1324(a)) is amended--
(1) by amending the subsection heading to read as follows:
``Smuggling of Unlawful and Terrorist Aliens.--'';
(2) by redesignating clause (iv) of paragraph (1)(B) as
clause (vii);
(3) in paragraph (1), by striking ``(1)(A)'' and all that
follows through clause (iii) of subparagraph (B) and inserting
the following:
``(1)(A) Whoever, knowing or in reckless disregard of the fact that
an individual is an alien who lacks lawful authority to come to, enter,
or reside in the United States, knowingly--
``(i) brings that individual to the United States in any
manner whatsover regardless of any future official action which
may be taken with respect to such alien;
``(ii) recruits, encourages, or induces that individual to
come to, enter, or reside in the United States;
``(iii) transports or moves that individual in the United
States, in furtherance of their unlawful presence; or
``(iv) harbors, conceals, or shields from detection the
individual in any place in the United States, including any
building or any means of transportation;
or attempts or conspires to do so, shall be punished as provided in
subparagraph (C).
``(B) Whoever, knowing that an individual is an alien, brings that
individual to the United States in any manner whatsoever at a place
other than a designated port of entry or place other than as designated
by the Secretary of Homeland Security, regardless of whether such alien
has received prior official authorization to come to, enter, or reside
in the United States and regardless of any future official action which
may be taken with respect to such alien, or attempts or conspires to do
so, shall be punished as provided in subparagraph (C).
``(C) A violator of this paragraph shall, for each alien in respect
to whom such a violation occurs--
``(i) unless the offense is otherwise described in another
clause of this subparagraph, be fined under title 18, United
States Code or imprisoned not more than 5 years, or both;
``(ii) if the offense involved the transit of the
defendant's spouse, child, sibling, parent, grandparent, or
niece or nephew, and the offense is not described in any of
clauses (iii) through (vii), be fined under title 18, United
States Code or imprisoned not more than 1 year, or both;
``(iii) if the offense is a violation of paragraphs
(1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and was
committed for the purpose of profit, commercial advantage, or
private financial gain, be fined under title 18, United States
Code or imprisoned not more than 10 years, or both;
``(iv) if the offense is a violation of paragraph (1)(A)(i)
and was committed for the purpose of profit, commercial
advantage, or private financial gain, or if the offense was
committed with the intent or reason to believe that the
individual unlawfully brought into the United States will
commit an offense against the United States or any State that
is punishable by imprisonment for more than 1 year, be fined
under title 18, United States Code, and imprisoned, in the case
of a first or second violation, not less than 3 nor more than
10 years, and for any other violation, not less than 5 nor more
than 15 years; and
``(v) if the offense results in serious bodily injury (as
defined in section 1365 of title 18, United States Code) or
places in jeopardy the life of any person, be fined under title
18, United States Code or imprisoned not more than 20 years, or
both;
``(vi) if the offense involved an individual who the
defendant knew was engaged in or intended to engage in
terrorist activity (as defined in section 212(a)(3)(B)), be
fined under title 18, United States Code or imprisoned not more
than 30 years, or both; and'';
(4) in the clause (vii) so redesignated by paragraph (2) of
this subsection (which now becomes clause (vii) of the new
subparagraph (C))--
(A) by striking ``in the case'' and all that
follows through ``(v) resulting'' and inserting ``if
the offense results''; and
(B) by inserting ``and if the offense involves
kidnaping, 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'' after ``or both''; and
(5) by striking existing subparagraph (C) of paragraph (1)
(without affecting the new subparagraph (C) added by the
amendments made by this Act) and all that follows through
paragraph (2) and inserting the following:
``(2)(A) There is extraterritorial jurisdiction over the offenses
described in paragraph (1).
``(B) In a prosecution for a violation of, or an attempt or
conspiracy to violate subsection (a)(1)(A)(i), (a)(1)(A)(ii), or
(a)(1)(B), that occurs on the high seas, no defense based on necessity
can be raised unless the defendant--
``(i) as soon as practicable, reported to the Coast Guard
the circumstances of the necessity, and if a rescue is claimed,
the name, description, registry number, and location of the
vessel engaging in the rescue; and
``(ii) did not bring, attempt to bring, or in any manner
intentionally facilitate the entry of any alien 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 set
forth in clause (i) of this subparagraph is satisfied by
notifying the Coast Guard as soon as practicable after
delivering the alien to emergency medical or law enforcement
personnel ashore.
``(C) It is a defense to a violation of, or an attempt or
conspiracy to violate, clause (iii) or (iv) of subsection (a)(1)(A) for
a religious denomination having a bona fide nonprofit, religious
organization in the United States, or the agents or officer of such
denomination or organization, to encourage, invite, call, allow, or
enable an alien who is present in the United States to perform the
vocation of a minister or missionary for the denomination or
organization in the United States as a volunteer who is not compensated
as an employee, notwithstanding the provision of room, board, travel,
medical assistance, and other basic living expenses, provided the
minister or missionary has been a member of the denomination for at
least one year.
``(D) For purposes of this paragraph and paragraph (1)--
``(i) the term `United States' means the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, the
Commonwealth of the Northern Mariana Islands, and any other
territory or possession of the United States; and
``(ii) the term `lawful authority' means permission,
authorization, or waiver that is expressly provided for in the
immigration laws of the United States or the regulations
prescribed under those laws and does not include any such
authority secured by fraud or otherwise obtained in violation
of law or authority that has been sought but not approved.''.
SEC. 105. 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 kidnaping, 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. 106. 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.
Passed the House of Representatives April 24, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.
Calendar No. 721
110th CONGRESS
2d Session
H. R. 2830
_______________________________________________________________________
AN ACT
To authorize appropriations for the Coast Guard for fiscal year 2008,
to amend the Immigration and Nationality Act and title 18, United
States Code, to combat the crime of alien smuggling and related
activities, and for other purposes.
_______________________________________________________________________
April 28, 2008
Received; read twice and placed on the calendar