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[House Report 110-338]
[From the U.S. Government Publishing Office]

110th Congress                                            Rept. 110-338
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 3

======================================================================

 
                 COAST GUARD AUTHORIZATION ACT OF 2007

                                _______
                                

                October 30, 2007.--Ordered to be printed

                                _______
                                

    Mr. Conyers, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2830]

                  [Including Committee Cost Estimate]

  The Committee on the Judiciary, to whom was referred the bill 
(H.R. 2830) to authorize appropriations for the Coast Guard for 
fiscal year 2008, and for other purposes, having considered the 
same, report favorably thereon with amendment and recommend 
that the bill as amended do pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     1
Purpose and Summary..............................................     3
Background and Need for the Legislation..........................     4
Hearings.........................................................     5
Committee Consideration..........................................     5
Committee Votes..................................................     5
Committee Oversight Findings.....................................     5
New Budget Authority and Tax Expenditures........................     5
Committee Cost Estimate..........................................     5
Performance Goals and Objectives.................................     6
Constitutional Authority Statement...............................     6
Advisory on Earmarks.............................................     6
Section-by-Section Analysis......................................     6
Changes in Existing Law Made by the Bill, as Reported............     7

                             The Amendment

  [The bill being reported by the Committee on the Judiciary is 
unchanged from the bill as reported by the Committee on 
Homeland Security, except for the following changes:]

  Strike title VI and insert the following:

                       TITLE VI--ALIEN SMUGGLING

SEC. 601. 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. 602. AMENDMENT TO THE SENTENCING GUIDELINES.

  (a) In General.--Pursuant to its authority under section 994 
of title 28, United States Code, and in accordance with this 
section, the United States Sentencing Commission shall review 
and, if appropriate, amend the sentencing guidelines and policy 
statements applicable to persons convicted of alien smuggling 
offenses and criminal failure to heave to or obstruction of 
boarding.
  (b) Considerations.--In carrying out this subsection, the 
Sentencing Commission, shall--
          (1) consider providing sentencing enhancements or 
        stiffening existing enhancements for those convicted of 
        offenses described in paragraph (1) of this subsection 
        that--
                  (A) involve a pattern of continued and 
                flagrant violations;
                  (B) are part of an ongoing commercial 
                organization or enterprise;
                  (C) involve aliens who were transported in 
                groups of 10 or more;
                  (D) involve the transportation or abandonment 
                of aliens in a manner that endangered their 
                lives; or
                  (E) involve the facilitation of terrorist 
                activity; and
          (2) consider cross-references to the guidelines for 
        Criminal Sexual Abuse and Attempted Murder.
  (c) Expedited Procedures.--The Commission may promulgate the 
guidelines or amendments under this subsection in accordance 
with the procedures set forth in section 21(a) of the 
Sentencing Act of 1987, as though the authority under that Act 
had not expired.
  In the paragraph (2)(A) of the matter proposed to be inserted 
by section 208(a), insert ``committed in their presence'' after 
``United States''.
  In the table of sections in section 2 of the bill amend the 
entiries relating to title VI to read as follows:

                        TITLE VI--ALIEN SMUGGLING

Sec. 601. Maritime law enforcement.
Sec. 602. Amendment to the sentencing guidelines.

                          Purpose and Summary

    The Committee on the Judiciary is considering the bill H.R. 
2830, the Coast Guard Authorization Act of 2007, on sequential 
referral from the Committees on Transportation and 
Infrastructure and on Homeland Security. The Committee is 
making two changes to the bill dealing with subjects in the 
reported bill that are within the Committee's Rule X 
jurisdiction: criminal prohibitions and enforcement powers 
against smuggling of aliens by sea; and criminal law 
enforcement powers granted to Coast Guard personnel.

                Background and Need for the Legislation

                       TITLE VI--ALIEN SMUGGLING

    Title VI of the bill as reported by the other two 
committees deals with prohibitions and enforcement powers 
against alien smuggling. The provisions of Title VI as reported 
are inconsistent with the approach taken in H.R. 2399, the 
Alien Smuggling and Terrorism Prevention Act of 2007, 
legislation developed by Representative Baron Hill with the 
assistance of the Judiciary Committee, which passed the House 
on May 22, 2007, by a vote of 412 to zero. Among other things, 
those provisions in the reported bill do not adequately address 
smugglers who abuse aliens or who smuggle them as part of a 
terrorist plot; nor do they distinguish between hardened 
criminals who smuggle human cargo for profit and persons who 
are aiding family members or acting for humanitarian purposes. 
Nor do those provisions address the law governing the principal 
means of interdiction at sea, the ``Failure to Heave To'' 
statute.
    The Committee has worked on a bipartisan basis, and in 
close consultation with the Department of Justice and the Coast 
Guard, to determine how best to bring the preferred approach 
taken in H.R. 2399 to the more limited scope of H.R. 2830. The 
amendments adopted by the Committee strike Title VI as reported 
by the other committees, replacing it with two provisions from 
H.R. 2399.
    The first provision the Committee is incorporating from 
H.R. 2399 strengthens the ``Failure to Heave To'' statute, 18 
U.S.C. 2237, to give the Coast Guard important enforcement 
tools against alien smuggling on the High Seas--including tough 
penalties for those who lead the Coast Guard on dangerous 
chases, and for those who risk their passengers' lives by 
intentionally ramming their boats onto shore at high speed in 
an attempt to discharge their human cargo. The provision makes 
it a felony, punishable by up to 10 years in prison, to flee 
from the Coast Guard in the course of alien smuggling, human 
trafficking, or narcotics smuggling offenses, and creates the 
first Federal crime that recognizes smuggling humans under 
inhumane conditions as grounds for an increased sentence.
    The other provision directs the Sentencing Commission to 
adopt appropriate sentencing enhancements for alien smuggling 
involving terrorism, moving large groups of aliens, or 
abandoning aliens in harsh conditions--such as leaving them in 
rickety boats or on sandbars, knowing that they will die when 
the sea takes them.
    These two provisions from H.R. 2399 will help provide a 
strong disincentive against inhumane smuggling and against 
resisting the lawful authority of the Coast Guard.

                   SECTION 208--ENFORCEMENT AUTHORITY

    Section 208 of the bill as reported by the other two 
committees transfers provisions now in Title 46 of the United 
States Code, Shipping, to Title 14, Coast Guard. These 
provisions set forth certain law enforcement powers for Coast 
Guard personnel acting in performance of their official duties. 
One of those powers is the authority to ``make an arrest 
without warrant for any offense against the United States 
committed in their presence.'' In transferring these provisions 
to title 14, the phrase ``committed in their presence'' was 
omitted in the bill as reported by the other committees. The 
Committee has reinserted this phrase, believing it important to 
retain as a clarification that the government's power to make 
warrantless arrests is circumscribed by the Fourth and Fifth 
Amendments to the Constitution.

                                Hearings

    The Committee did not hold hearings on H.R. 2830.

                        Committee Consideration

    On October 24, 2007, the Committee met in open session and 
ordered the bill H.R. 2830 favorably reported as amended, by 
voice vote, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that there 
were no recorded votes during the Committee's consideration of 
H.R. 2830.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because the amendments made by 
the Committee do not provide new budgetary authority or 
increased tax expenditures
    .

                        Committee Cost Estimate

    The Congressional Budget Office (CBO) estimate of the costs 
of implementing H.R. 2830 as reported by the Committee on the 
Judiciary was not available at the time of filing this report. 
When the Congressional Budget Office letter setting forth its 
official cost estimate becomes available, it will be printed in 
the Congressional Record. In compliance with clause 3(d)(2) of 
rule XIII of the Rules of the House of Representatives, the 
Committee estimates the costs as follows:

                     COST TO THE FEDERAL GOVERNMENT

    The Committee does not anticipate that the bill will have 
any significant effect on the Federal budget. Title VI of the 
bill as referred to the Committee included enhanced criminal 
fines that could be ordered by a sentencing court, but were not 
mandatory. The amendment to Title VI made in the Committee 
instead continues the general Title 18 fine structure, but 
adjusts the maximum prison terms for specified aggravated 
violations of the ``Failure To Heave To'' statute. Although the 
CBO estimated that the increased fine structure in the bill as 
referred to the Committee would result in increased revenues to 
the Federal Government, the Committee does not believe the 
different approach taken in Title VI as reported will have any 
significantly different budgetary effect.
    The change made to section 208 of the bill by the Committee 
merely preserves a limitation in current law on the authority 
of Coast guard personnel to make warrantless arrests. The 
Committee does not anticipate that this will have any 
appreciable budgetary effect.

                    Performance Goals and Objectives

    The Committee states, pursuant to clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, H.R. 2830 
will improve the Nation's ability to protect against alien 
smuggling, other criminal violations at sea, and violent 
interference with Coast Guard enforcement activities.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
its amendments to this legislation in article 1, section 8, 
[clauses 3, 9 and 11] of the Constitution.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, the amendments made by the Judiciary 
Committee to H.R. 2830 do not contain any congressional 
earmarks, limited tax benefits, or limited tariff benefits as 
defined in clause 9(d), 9(e), or 9(f) of rule XXI.

                      Section-by-Section Analysis

    The bill as amended strikes Title VI as reported by the 
other committees, and in its place substitutes an amendment to 
the Failure to Heave To statute and a directive to the 
Sentencing Commission. The bill as amended also provides a 
clarification to Section 208 of the bill as reported by the 
other committees.
    Section 601. Failure to Heave To. Section 601 of the bill 
as amended by the Committee amends the Failure to Heave To 
statute, 18 U.S.C. 2237, which makes it a Federal crime to 
evade the Coast Guard or disobey a Coast Guard order. It 
toughens the sentencing structure of section 2237 by providing 
increased statutory maximum penalties if the offense involved 
certain other crimes, such as alien smuggling, human 
trafficking, transportation for immoral purposes, or narcotics 
trafficking (10 year maximum); resulted in serious injury or 
involved or transportation under inhumane conditions (15 year 
maximum); or involved death, rape, kidnaping, or an attempt to 
kill (any term of years or life).
    Section 60l as amended by the Committee also provides a 
definition of ``transportation under inhumane conditions'' to 
establish for the first time in Federal law that it is illegal 
to transport persons in an engine compartment, storage 
compartment, or other confined space; to transport persons at 
an excessive speed or in excess of the rated capacity of the 
means of transportation; or to intentionally ground a vessel in 
which persons are being transported. The Committee is concerned 
about the practice of running boats ashore at high speed for 
the smuggled passengers to scatter upon landing, a practice 
that has resulted in death or serious permanent injury in a 
number of cases in the Florida straits and Puerto Rico.
    Section 602. Sentencing Guidelines. Section 602 of the bill 
as amended by the Committee directs the United States 
Sentencing Commission to consider providing sentencing 
enhancements (or stiffening existing enhancements) for those 
convicted of offenses that: involve a pattern of continued and 
flagrant violations or are part of an ongoing commercial 
organization or enterprise; involve aliens who were transported 
in groups of 10 or more; involve the transportation of aliens 
in a manner that endangered their lives; involve the 
abandonment of aliens in desolate or isolated conditions or the 
discharge of passengers onto spits of land or sandbars that are 
submerged at high tide; or involve the facilitation of 
terrorism. The Commission is also directed to consider cross-
references to the guidelines for Criminal Sexual Abuse and 
Attempted Murder. It is expected that enhanced sentencing 
guidelines for these offenses will provide an additional 
deterrent to organized alien smuggling rings that purposely 
engage in high-risk smuggling or act with depraved indifference 
to human life.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

TITLE 14, UNITED STATES CODE

           *       *       *       *       *       *       *

PART I--REGULAR COAST GUARD

           *       *       *       *       *       *       *

                CHAPTER 3--COMPOSITION AND ORGANIZATION

Sec.
41. Grades and ratings.
     * * * * * * *
[42. Number and distribution of commissioned officers.]
42.  Number and distribution of commissioned officers on active duty 
          promotion list.
     * * * * * * *
[47. Vice Commandant; assignment.]
47.  Vice Commandant; appointment.
     * * * * * * *
[50.  Area Commanders.
[50a. Chief of Staff.]
50.   Vice admirals.
     * * * * * * *
55. District Ombudsmen.
56. Chief Acquisition Officer.

           *       *       *       *       *       *       *

[Sec. 42. Number and distribution of commissioned officers

  [(a) The total number of commissioned officers, excluding 
commissioned warrant officers, on active duty in the Coast 
Guard shall not exceed 6,700 in each fiscal year 2004, 2005, 
and 2006.
  [(b) The commissioned officers on the active duty promotion 
list shall be distributed in grade in the following 
percentages, respectively: rear admiral 0.375; rear admiral 
(lower half) 0.375; captain 6.0; commander 15.0; lieutenant 
commander 22.0. The Secretary shall prescribe the percentages 
applicable to the grades of lieutenant, lieutenant (junior 
grade), and ensign. The Secretary may, as the needs of the 
Coast Guard require, reduce the percentage applicable to any 
grade above lieutenant commander, and in order to compensate 
for such reduction increase correspondingly the percentage 
applicable to any lower grade.
  [(c) The Secretary shall, at least once each year, make a 
computation to determine the number of officers on the active 
duty promotion list authorized to be serving in each grade. The 
number in each grade shall be computed by applying the 
applicable percentage to the total number of such officers 
serving on active duty on the date the computation is made. In 
making computations under this section the nearest whole number 
shall be regarded as the authorized number in any case where 
there is a fraction in the final result.
  [(d) The numbers resulting from such computations shall be 
for all purposes the authorized number in each grade, except 
that the authorized number for a grade is temporarily increased 
during the period between one computation and the next by the 
number of officers originally appointed in that grade during 
that period and the number of officers of that grade for whom 
vacancies exist in the next higher grade but whose promotion 
has been delayed for any reason.
  [(e) Officers who are not included on the active duty 
promotion list, officers serving as extra numbers in grade 
under sections 432 and 433 of this title, and officers serving 
with other departments or agencies on a reimbursable basis or 
excluded under the provisions of section 324(d) of title 49, 
shall not be counted in determining authorized strengths under 
subsection (c) and shall not count against those strengths. The 
number of officers authorized to be serving on active duty in 
each grade of the permanent commissioned teaching staff of the 
Coast Guard Academy and of the Reserve serving in connection 
with organizing, administering, recruiting, instructing, or 
training the reserve components shall be prescribed by the 
Secretary.]

Sec. 42. Number and distribution of commissioned officers on active 
                    duty promotion list

  (a) Maximum Total Number.--The total number of Coast Guard 
commissioned officers on the active duty promotion list, 
excluding warrant officers, shall not exceed 6,700; except that 
the Commandant may temporarily increase that number by up to 2 
percent for no more than 60 days following the date of the 
commissioning of a Coast Guard Academy class.
  (b) Distribution Percentages by Grade.--
          (1) Required.--The total number of commissioned 
        officers authorized by this section shall be 
        distributed in grade in the following percentages: 
        0.375 percent for rear admiral; 0.375 percent for rear 
        admiral (lower half); 6.0 percent for captain; 15.0 
        percent for commander; and 22.0 percent for lieutenant 
        commander.
          (2) Discretionary.--The Secretary shall prescribe the 
        percentages applicable to the grades of lieutenant, 
        lieutenant (junior grade), and ensign.
          (3) Authority of secretary to reduce percentage.--The 
        Secretary--
                  (A) may reduce, as the needs of the Coast 
                Guard require, any of the percentages set forth 
                in paragraph (1); and
                  (B) shall apply that total percentage 
                reduction to any other lower grade or 
                combination of lower grades.
  (c) Computations.--
          (1) In general.--The Secretary shall compute, at 
        least once each year, the total number of commissioned 
        officers authorized to serve in each grade by applying 
        the grade distribution percentages established by or 
        under this section to the total number of commissioned 
        officers listed on the current active duty promotion 
        list.
          (2) Rounding fractions.--Subject to subsection (a), 
        in making the computations under paragraph (1), any 
        fraction shall be rounded to the nearest whole number.
          (3) Treatment of officers serving outside coast 
        guard.--The number of commissioned officers on the 
        active duty promotion list below the rank of rear 
        admiral (lower half) serving with other Federal 
        departments or agencies on a reimbursable basis or 
        excluded under section 324(d) of title 49 shall not be 
        counted against the total number of commissioned 
        officers authorized to serve in each grade.
  (d) Use of Numbers; Temporary Increases.--The numbers 
resulting from computations under subsection (c) shall be, for 
all purposes, the authorized number in each grade; except that 
the authorized number for a grade is temporarily increased 
during the period between one computation and the next by the 
number of officers originally appointed in that grade during 
that period and the number of officers of that grade for whom 
vacancies exist in the next higher grade but whose promotion 
has been delayed for any reason.
  (e) Officers Serving Coast Guard Academy and Reserve.--The 
number of officers authorized to be serving on active duty in 
each grade of the permanent commissioned teaching staff of the 
Coast Guard Academy and of the Reserve serving in connection 
with organizing, administering, recruiting, instructing, or 
training the reserve components shall be prescribed by the 
Secretary.

           *       *       *       *       *       *       *

Sec. 47. Vice Commandant; [assignment] appointment

  The President may appoint, by and with the advice and consent 
of the Senate, one Vice Commandant who shall rank next after 
the Commandant, shall perform such duties as the Commandant may 
prescribe and shall act as Commandant during the absence or 
disability of the Commandant or in the event that there is a 
vacancy in the office of Commandant. The Vice Commandant shall 
be selected from the officers on the active duty promotion list 
serving above the grade of captain. The Commandant shall make 
recommendation for such appointment. The Vice Commandant shall, 
while so serving, have the grade of [vice admiral] admiral with 
pay and allowances of that grade. The appointment and grade of 
a Vice Commandant shall be effective on the date the officer 
assumes that duty, and shall terminate on the date the officer 
is detached from that duty, except as provided in [subsection] 
section 51(d) of this title.

           *       *       *       *       *       *       *

[Sec. 50. Area commanders

  [(a) The President may appoint, by and with the advice and 
consent of the Senate, a Commander, Atlantic Area, and a 
Commander, Pacific Area, each of whom shall be an intermediate 
commander between the Commandant and the district commanders in 
his respective area and shall perform such duties as the 
Commandant may prescribe. The area commanders shall be 
appointed from officers on the active duty promotion list 
serving above the grade of captain. The Commandant shall make 
recommendations for such appointments.
  [(b) An area commander shall, while so serving, have the 
grade of vice admiral with pay and allowances of that grade. 
The appointment and grade of an area commander shall be 
effective on the date the officer assumes that duty, and shall 
terminate on the date the officer is detached from that duty, 
except as provided in subsection 51(d) of this title.

[Sec. 50a. Chief of Staff

  [(a) The President may appoint, by and with the advice and 
consent of the Senate, a Chief of Staff of the Coast Guard who 
shall rank next after the area commanders and who shall perform 
duties as prescribed by the Commandant. The Chief of Staff 
shall be appointed from the officers on the active duty 
promotion list serving above the grade of captain. The 
Commandant shall make recommendations for the appointment.
  [(b) The Chief of Staff shall have the grade of vice admiral 
with the pay and allowances of that grade. The appointment and 
grade of the Chief of Staff shall be effective on the date the 
officer assumes that duty, and shall terminate on the date the 
officer is detached from that duty, except as provided in 
section 51(d) of this title.]

Sec. 50. Vice admirals

  (a)(1) The President may designate 4 positions of importance 
and responsibility that shall be held by officers who--
          (A) while so serving, shall have the grade of vice 
        admiral, with the pay and allowances of that grade; and
          (B) shall perform any duties as the Commandant may 
        prescribe.
  (2) The 4 vice admiral positions authorized under paragraph 
(1) are, respectively, the following:
          (A) The Deputy Commandant for Mission Support.
          (B) The Deputy Commandant for National Operations and 
        Policy.
          (C) The Commander, Force Readiness Command.
          (D) The Commander, Operations Command.
  (3) The President may appoint, by and with the advice and 
consent of the Senate, and reappoint, by and with the advice 
and consent of the Senate, to each of the positions designated 
under paragraph (1) an officer of the Coast Guard who is 
serving on active duty above the grade of captain. The 
Commandant shall make recommendations for those appointments.
  (b)(1) The appointment and the grade of vice admiral under 
this section shall be effective on the date the officer assumes 
that duty and, except as provided in paragraph (2) of this 
subsection or in section 51(d) of this title, shall terminate 
on the date the officer is detached from that duty.
  (2) An officer who is appointed to a position designated 
under subsection (a) shall continue to hold the grade of vice 
admiral--
          (A) while under orders transferring the officer to 
        another position designated under subsection (a), 
        beginning on the date the officer is detached from duty 
        and terminating on the date before the day the officer 
        assumes the subsequent duty, but not for more than 60 
        days;
          (B) while hospitalized, beginning on the day of the 
        hospitalization and ending on the day the officer is 
        discharged from the hospital, but not for more than 180 
        days; and
          (C) while awaiting retirement, beginning on the date 
        the officer is detached from duty and ending on the day 
        before the officer's retirement, but not for more than 
        60 days.
  (c)(1) An appointment of an officer under subsection (a) does 
not vacate the permanent grade held by the officer.
  (2) An officer serving in a grade above rear admiral who 
holds the permanent grade of rear admiral (lower half) shall be 
considered for promotion to the permanent grade of rear admiral 
as if the officer was serving in the officer's permanent grade.
  (d) Whenever a vacancy occurs in a position designated under 
subsection (a), the Commandant shall inform the President of 
the qualifications needed by an officer serving in that 
position to carry out effectively the duties and 
responsibilities of that position.

Sec. 51. Retirement

  (a) * * *

           *       *       *       *       *       *       *

  (d) An officer serving in the grade of admiral or vice 
admiral shall continue to hold that grade--
          (1) * * *
          (2) while awaiting retirement, beginning on the day 
        that officer is relieved from the position of 
        Commandant, Vice Commandant, [Area Commander, or Chief 
        of Staff] or Vice Admirals and ending on the day before 
        the officer's retirement, but not for more than 60 
        days.

           *       *       *       *       *       *       *

Sec. 55. District Ombudsmen

  (a) In General.--The Commandant may appoint in each Coast 
Guard District a District Ombudsman to serve as a liaison 
between representatives of port stakeholders, including the 
Area Maritime Security Advisory Committees required by section 
70112 of title 46 and the Coast Guard.
  (b) Purposes.--The purposes of the District Ombudsman shall 
be the following:
          (1) To support the operations of the Coast Guard in 
        each port in the District for which the District 
        Ombudsman is appointed.
          (2) To improve communications between and among port 
        stakeholders including, but not limited to, port and 
        terminal operators, ship owners, labor representatives, 
        and the Coast Guard.
          (3) To ensure timely resolution of disputes between 
        the Coast Guard and all petitioners regarding 
        requirements imposed or services provided by the Coast 
        Guard.
  (c) Functions.--
          (1) Investigations.--The District Ombudsman may 
        investigate complaints brought to the attention of the 
        District Ombudsman by a petitioner operating in a port 
        provided such a complaint is not the subject of an 
        administrative, civil, or criminal investigation or 
        other legal proceeding and provided the District 
        Ombudsman receives no benefit, either direct or 
        indirect, from the outcome of the complaint.
          (2) Guidelines for disputes.--
                  (A) In general.--The Commandant of the Coast 
                Guard shall develop guidelines regarding 
                disputes with respect to which the District 
                Ombudsman will provide assistance.
                  (B) Limitation.--The District Ombudsman shall 
                not provide assistance with respect to a 
                dispute if such a dispute is the subject of an 
                administrative, civil, or criminal 
                investigation or other legal proceeding or if 
                the District Ombudsman receives a benefit, 
                either direct or indirect, from the outcome of 
                the dispute.
                  (C) Priority.--In providing such assistance, 
                the District Ombudsman shall give priority to 
                complaints brought by petitioners who will 
                suffer a significant hardship as the result of 
                implementing a Coast Guard requirement or being 
                denied a Coast Guard service.
          (3) Consultation.--The District Ombudsman may consult 
        with any Coast Guard personnel who can aid in the 
        investigation of a complaint provided such persons are 
        reasonably available.
          (4) Access to information.--Unless otherwise 
        prohibited by law or regulation, the District Ombudsman 
        shall have access to any document, including any record 
        or report, that will aid the District Ombudsman in 
        obtaining the information needed to conduct an 
        investigation of a compliant.
          (5) Reports.--At the conclusion of an investigation, 
        the District Ombudsman shall submit a report on the 
        findings and recommendations of the District Ombudsman, 
        to the Commander of the District in which the 
        petitioner who brought the complaint is located or 
        operating.
          (6) Deadline.--The District Ombudsman shall seek to 
        resolve each complaint brought in accordance with the 
        guidelines--
                  (A) in a timely fashion; and
                  (B) to the maximum extent practicable, not 
                later than 4 months after the complaint is 
                officially accepted by the District Ombudsman.
  (d) Appointment.--The Commandant shall appoint as the 
District Ombudsman an appropriately cleared civilian who has 
experience in port and transportation systems and knowledge of 
port operations or of maritime commerce (or both).
  (e) Annual Reports.--The Secretary shall report annually to 
the Committees on Homeland Security and Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate on the matters brought before the District Ombudsmen, 
including--
          (1) the number of matters brought before each 
        District Ombudsman;
          (2) a brief summary of each such matter; and
          (3) the eventual resolution of each such matter.

Sec. 56. Chief Acquisition Officer

  (a) Establishment of Agency Chief Acquisition Officer.--The 
Commandant shall appoint or designate a career reserved 
employee as Chief Acquisition Officer for the Coast Guard, who 
shall--
          (1) have acquisition management as that official's 
        primary duty; and
          (2) report directly to the Commandant to advise and 
        assist the Commandant to ensure that the mission of the 
        Coast Guard is achieved through the management of the 
        Coast Guard's acquisition activities.
  (b) Authority and Functions of the Chief Acquisition 
Officer.--The functions of the Chief Acquisition Officer shall 
include--
          (1) monitoring the performance of acquisition 
        activities and acquisition programs of the Coast Guard, 
        evaluating the performance of those programs on the 
        basis of applicable performance measurements, and 
        advising the Commandant regarding the appropriate 
        business strategy to achieve the mission of the Coast 
        Guard;
          (2) increasing the use of full and open competition 
        in the acquisition of property and services by the 
        Coast Guard by establishing policies, procedures, and 
        practices that ensure that the Coast Guard receives a 
        sufficient number of sealed bids or competitive 
        proposals from responsible sources to fulfill the 
        Government's requirements (including performance and 
        delivery schedules) at the lowest cost or best value 
        considering the nature of the property or service 
        procured;
          (3) ensuring the use of detailed performance 
        specifications in instances in which performance-based 
        contracting is used;
          (4) making acquisition decisions consistent with all 
        applicable laws and establishing clear lines of 
        authority, accountability, and responsibility for 
        acquisition decisionmaking within the Coast Guard;
          (5) managing the direction of acquisition policy for 
        the Coast Guard, including implementation of the unique 
        acquisition policies, regulations, and standards of the 
        Coast Guard;
          (6) developing and maintaining an acquisition career 
        management program in the Coast Guard to ensure that 
        there is an adequate professional workforce; and
          (7) as part of the strategic planning and performance 
        evaluation process required under section 306 of title 
        5 and sections 1105(a)(28), 1115, 1116, and 9703 of 
        title 31--
                  (A) assessing the requirements established 
                for Coast Guard personnel regarding knowledge 
                and skill in acquisition resources management 
                and the adequacy of such requirements for 
                facilitating the achievement of the performance 
                goals established for acquisition management;
                  (B) in order to rectify any deficiency in 
                meeting such requirements, developing 
                strategies and specific plans for hiring, 
                training, and professional development; and
                  (C) reporting to the Commandant on the 
                progress made in improving acquisition 
                management capability.

           *       *       *       *       *       *       *

                    CHAPTER 5--FUNCTIONS AND POWERS

Sec.
81. Aids to navigation authorized.
     * * * * * * *
99. Enforcement authority.

           *       *       *       *       *       *       *

Sec. 99. Enforcement authority

  Subject to guidelines approved by the Secretary, members of 
the Coast Guard, in the performance of official duties, may--
          (1) carry a firearm; and
          (2) while at a facility (as defined in section 70101 
        of title 46)--
                  (A) make an arrest without warrant for any 
                offense against the United States committed in 
                their presence; and
                  (B) seize property as otherwise provided by 
                law.

           *       *       *       *       *       *       *

               CHAPTER 7--COOPERATION WITH OTHER AGENCIES

Sec.
141. Cooperation with other agencies, States, territories, and political 
          subdivisions.
     * * * * * * *
149. Assistance to foreign governments and maritime authorities.
     * * * * * * *
153. Appointment of judges.

           *       *       *       *       *       *       *

Sec. 149. Assistance to foreign governments and maritime authorities

  (a) * * *

           *       *       *       *       *       *       *

  (c) Grants to International Maritime Organizations.--After 
consultation with the Secretary of State, the Commandant may 
make grants to, or enter into cooperative agreements, 
contracts, or other agreements with, international maritime 
organizations for the purpose of acquiring information or data 
about merchant vessel inspections, security, safety, 
classification, and port State or flag State law enforcement or 
oversight.

           *       *       *       *       *       *       *

Sec. 151. Contracts with Government-owned establishments for work and 
                    material

  (a) In General.--All orders or contracts for work or 
material, under authorization of law, placed with Government-
owned establishments by the Coast Guard, shall be considered as 
obligations in the same manner as provided for similar orders 
or contracts placed with private contractors, and 
appropriations for such work or material shall remain available 
for payment therefor as in the case of orders or contracts 
placed with private contractors.
  (b) Orders and Agreements for Industrial Activities.--Under 
this section, the Coast Guard industrial activities may accept 
orders and enter into reimbursable agreements with 
establishments, agencies, and departments of the Department of 
Defense.

           *       *       *       *       *       *       *

Sec. 153. Appointment of judges

  The Secretary may appoint civilian employees of the 
Department in which the Coast Guard is operating as appellate 
military judges, available for assignment to the Coast Guard 
Court of Criminal Appeals as provided for in section 866(a) of 
title 10.

                     CHAPTER 9--COAST GUARD ACADEMY

Sec.
181. Administration of Academy.
     * * * * * * *
198. Coast Guard history fellowships.

           *       *       *       *       *       *       *

                         CHAPTER 11--PERSONNEL

                                Officers

                              a. appointments

Sec.
211. Original appointment of permanent commissioned officers.
     * * * * * * *
[216. Director of Boating Safety Office]
     * * * * * * *

                           GENERAL PROVISIONS

421. Retirement.
     * * * * * * *
426. Emergency leave retention authority.

           *       *       *       *       *       *       *

Sec. 214. Appointment of temporary officers

  [(a) The President may appoint temporary commissioned 
officers in the Regular Coast Guard in a grade, not above 
lieutenant, appropriate to their qualifications, experience, 
and length of service, as the needs of the Coast Guard may 
require, from among the commissioned warrant officers, warrant 
officers, and enlisted members of the Coast Guard, and from 
licensed officers of the United States merchant marine.]
  (a) The president may appoint temporary commissioned 
officers--
          (1) in the Regular Coast Guard in a grade, not above 
        lieutenant, appropriate to their qualifications, 
        experience, and length of service, as the needs of the 
        Coast Guard may require, from among the commissioned 
        warrant officers, warrant officers, and enlisted 
        members of the Coast Guard, and from holders of 
        licenses issued under chapter 71 of title 46; and
          (2) in the Coast Guard Reserve in a grade, not above 
        lieutenant, appropriate to their qualifications, 
        experience, and length of service, as the needs of the 
        Coast Guard may require, from among the commissioned 
        warrant officers of the Coast Guard Reserve.

           *       *       *       *       *       *       *

[Sec. 216. Director of Boating Safety Office

  [The initial appointment of the Director of the Boating 
Safety Office shall be in the grade of Captain.]

           *       *       *       *       *       *       *

Sec. 253. Selection boards; notice of convening; communication with 
                    board

  (a) Before a board is convened under section 251 of this 
title, notice of the convening date, the promotion zone to be 
considered, and the officers eligible for consideration[, and 
the number of officers the board may recommend for promotion] 
shall be given to the service at large.

           *       *       *       *       *       *       *

Sec. 258. Selection boards; information to be furnished boards

  (a) In General.--The Secretary shall furnish the appropriate 
selection board convened under section 251 of this title 
with[:]--
          (1) the number of officers that the board may 
        recommend for promotion to the next higher grade; and
          (2) the names and records of all officers who are 
        eligible for consideration for promotion to the grade 
        to which the board will recommend officers for 
        promotion.
  (b) Provision of Direction and Guidance.--
          (1) In addition to the information provided pursuant 
        to subsection (a), the Secretary may furnish the 
        selection board--
                  (A) specific direction relating to the needs 
                of the Coast Guard for officers having 
                particular skills, including direction relating 
                to the need for a minimum number of officers 
                with particular skills within a specialty; and
                  (B) any other guidance that the Secretary 
                believes may be necessary to enable the board 
                to properly perform its functions.
          (2) Selections made based on the direction and 
        guidance provided under this subsection shall not 
        exceed the maximum percentage of officers who may be 
        selected from below the announced promotion zone at any 
        given selection board convened under section 251 of 
        this title.

Sec. 259. Officers to be recommended for promotion

  (a) A selection board convened to recommend officers for 
promotion shall recommend those eligible officers whom the 
board, giving due consideration to the needs of the Coast Guard 
for officers with particular skills so noted in specific 
direction furnished to the board by the Secretary under section 
258 of this title, considers best qualified of the officers 
under consideration for promotion. No officer may be 
recommended for promotion unless he receives the recommendation 
of at least a majority of the members of a board composed of 
five members, or at least two-thirds of the members of a board 
composed of more than five members.

           *       *       *       *       *       *       *

Sec. 260. Selection boards; reports

  (a) * * *
  (b) A board convened under section 251 of this title shall 
certify that, in the opinion of at least a majority of the 
members if the board has five members, or in the opinion of at 
least two-thirds of the members if the board has more than five 
members, the officers recommended for promotion are the best 
qualified for promotion to meet the needs of the service (as 
noted in specific direction furnished the board by the 
Secretary under section 258 of this title) of those officers 
whose names have been furnished to the board.

           *       *       *       *       *       *       *

Sec. 426. Emergency leave retention authority

  With regard to a member of the Coast Guard who serves on 
active duty, a duty assignment in support of a declaration of a 
major disaster or emergency by the President under the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.) shall be treated, for the purpose of 
section 701(f)(2) of title 10, a duty assignment in support of 
a contingency operation.

           *       *       *       *       *       *       *

CHAPTER 13--PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS

           *       *       *       *       *       *       *

Sec.
461. Remission of indebtedness of enlisted members upon discharge.
     * * * * * * *
518. Reimbursement for medical-related travel expenses for certain 
          persons residing on islands in the continental United States.

           *       *       *       *       *       *       *

Sec. 518. Reimbursement for medical-related travel expenses for certain 
                    persons residing on islands in the continental 
                    United States

  In any case in which a covered beneficiary (as defined in 
section 1072(5) of title 10) resides on an island that is 
located in the 48 contiguous States and the District of 
Columbia and that lacks public access roads to the mainland and 
is referred by a primary care physician to a specialty care 
provider (as defined in section 1074i(b) of title 10) on the 
mainland who provides services less than 100 miles from the 
location where the beneficiary resides, the Secretary shall 
reimburse the reasonable travel expenses of the covered 
beneficiary and, when accompaniment by an adult is necessary, 
for a parent or guardian of the covered beneficiary or another 
member of the covered beneficiary's family who is at least 21 
years of age.

           *       *       *       *       *       *       *

                       CHAPTER 17--ADMINISTRATION

Sec.
631. Delegation of powers by the Secretary.
     * * * * * * *
677. Turnkey selection procedures.
     * * * * * * *

Sec. 637. Stopping vessels; indemnity for firing at or into vessel

  (a) * * *

           *       *       *       *       *       *       *

  (c) A vessel or aircraft is an authorized vessel or 
authorized aircraft for purposes of this section if--
          (1) it is a Coast Guard vessel or aircraft[; or];
          (2) it is a surface naval vessel or military aircraft 
        on which one or more members of the Coast Guard are 
        assigned pursuant to section 379 of title 10[.]; or
          (3) any other vessel or aircraft owned by a 
        government and used for noncommercial service when--
                  (A) the vessel or aircraft is under the 
                tactical control of the Coast Guard; and
                  (B) at least one member of the Coast Guard is 
                assigned and conducting a Coast Guard mission 
                on the vessel or aircraft.

Sec. 638. Coast Guard ensigns and pennants

  (a) [Coast Guard vessels and aircraft] Vessels and aircraft 
authorized by the Secretary shall be distinguished from other 
vessels and aircraft by an ensign, pennant, or other 
identifying insignia of such design as prescribed by the 
Secretary. Such ensign, pennant, or other identifying insignia 
shall be displayed in accordance with regulations prescribed by 
the Secretary.

           *       *       *       *       *       *       *

                              ----------                              

                ARMED FORCES RETIREMENT HOME ACT OF 1991

TITLE XV--ARMED FORCES RETIREMENT HOME

           *       *       *       *       *       *       *

SEC. 1502. DEFINITIONS.

  For purposes of this title:
          (1) * * *

           *       *       *       *       *       *       *

          [(4) The term ``Armed Forces'' does not include the 
        Coast Guard when it is not operating as a service in 
        the Navy.]
          (5) The term ``chief personnel officers'' means--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) the Deputy Chief of Staff for Personnel 
                of the Air Force; [and]
                  (D) the Deputy Commandant of the Marine Corps 
                for Manpower and Reserve Affairs[.]; and
                  (E) the Assistant Commandant of the Coast 
                Guard for Human Resources.
          (6) The term ``senior noncommissioned officers'' 
        means the following:
                  (A) * * *

           *       *       *       *       *       *       *

                  (E) The Master Chief Petty Officer of the 
                Coast Guard.

           *       *       *       *       *       *       *

                              ----------                              

                      TITLE 10, UNITED STATES CODE

           *       *       *       *       *       *       *
Subtitle A--General Military Law

           *       *       *       *       *       *       *

PART IV--SERVICE, SUPPLY, AND PROCUREMENT

           *       *       *       *       *       *       *

CHAPTER 165--ACCOUNTABILITY AND RESPONSIBILITY

           *       *       *       *       *       *       *

Sec. 2772. Share of fines and forfeitures to benefit Armed Forces 
                    Retirement Home

  (a) Deposit Required.--The Secretary of the military 
department concerned or, in the case of the Coast Guard, the 
Commandant shall deposit in the Armed Forces Retirement Home 
Trust Fund a percentage (determined under subsection (b)) of 
the following amounts:
          (1)  * * *

           *       *       *       *       *       *       *

  [(c) Application to Coast Guard.--In this section, the term 
``armed forces'' does not include the Coast Guard when it is 
not operating as a service in the Navy.]

           *       *       *       *       *       *       *

                              ----------                              

                      TITLE 37, UNITED STATES CODE

           *       *       *       *       *       *       *
CHAPTER 19--ADMINISTRATION

           *       *       *       *       *       *       *

Sec. 1007. Deductions from pay

  (a) * * *

           *       *       *       *       *       *       *

  (i)(1) * * *

           *       *       *       *       *       *       *

  (3) The Secretary of Defense or, in the case of the Coast 
Guard, the Commandant, after consultation with the Armed Forces 
Retirement Home Board, shall determine from time to time the 
amount to be deducted under paragraph (1) from the pay of 
enlisted members, warrant officers, and limited duty officers 
on the basis of the financial needs of the Armed Forces 
Retirement Home. The amount to be deducted may be fixed at 
different amounts on the basis of grade or length of service, 
or both.
  [(4) In this subsection, the term ``armed forces'' does not 
include the Coast Guard when it is not operating as a service 
in the Navy.]
  [(5)] (4) This subsection does not apply to an enlisted 
member, warrant officer, or limited duty officer of a reserve 
component.

           *       *       *       *       *       *       *

                              ----------                              

          COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2004

           *       *       *       *       *       *       *
TITLE VI--MISCELLANEOUS

           *       *       *       *       *       *       *

SEC. 605. GREAT LAKES NATIONAL MARITIME ENHANCEMENT INSTITUTE.

  (a)  * * *
  (b) Study and Report.--
          (1) In general.--[The Secretary of Transportation 
        shall conduct a study that] The Institute shall conduct 
        maritime transportation studies of the Great Lakes 
        region, including studies that--
                  (A) [evaluates] evaluate short sea shipping 
                market opportunities on the Great Lakes, 
                including the expanded use of freight ferries, 
                improved mobility, and regional supply chain 
                efficiency;
                  (B) [evaluates] evaluate markets for foreign 
                trade between ports on the Great Lakes and 
                draft-limited ports in Europe and Africa;
                  (C) [evaluates] evaluate the environmental 
                benefits of waterborne transportation in the 
                Great Lakes region;
                  (D) [analyzes] analyze the effect on Great 
                Lakes shipping of the tax imposed by section 
                4461(a) of the Internal Revenue Code of 1986;
                  (E) [evaluates] evaluate the state of 
                shipbuilding and ship repair bases on the Great 
                Lakes;
                  (F) [evaluates] evaluate opportunities for 
                passenger vessel services on the Great Lakes;
                  (G) [analyzes] analyze the origin-to-
                destination flow of freight cargo in the Great 
                Lakes region that may be transported on vessels 
                to relieve congestion in other modes of 
                transportation;
                  (H) [evaluates] evaluate the economic 
                viability of establishing transshipment 
                facilities for oceangoing cargoes on the Great 
                Lakes;
                  (I) [evaluates] evaluate the adequacy of the 
                infrastructure in Great Lakes ports to meet the 
                needs of marine commerce; [and]
                  (J) [evaluates] evaluate new vessel designs 
                for domestic and international shipping on the 
                Great Lakes[.];
                  (K) identify ways to improve the integration 
                of the Great Lakes marine transportation system 
                into the national transportation system;
                  (L) examine the potential of expanded 
                operations on the Great Lakes marine 
                transportation system;
                  (M) identify ways to include intelligent 
                transportation applications into the Great 
                Lakes marine transportation system;
                  (N) analyze the effects and impacts of aging 
                infrastructure and port corrosion on the Great 
                Lakes marine transportation system;
                  (O) establish and maintain a model Great 
                Lakes marine transportation system database; 
                and
                  (P) identify market opportunities for, and 
                impediments to, the use of United States-flag 
                vessels in trade with Canada on the Great 
                Lakes.

           *       *       *       *       *       *       *

          [(4) Authorization of appropriations.--There is 
        authorized to be appropriated to the Secretary 
        $1,500,000 for each of fiscal years 2005 and 2006 to 
        carry out paragraph (1).]
          (4) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out paragraph 
        (1)--
                  (A) $2,100,000 for fiscal year 2007;
                  (B) $2,200,000 for fiscal year 2008;
                  (C) $2,300,000 for fiscal year 2009;
                  (D) $2,400,000 for fiscal year 2010; and
                  (E) $2,500,000 for fiscal year 2011.

           *       *       *       *       *       *       *

SEC. 623. INTERIM AUTHORITY FOR DRY BULK CARGO RESIDUE DISPOSAL.

  (a) Extension of Interim Authority.--The Secretary of the 
Department in which the Coast Guard is operating shall continue 
to implement and enforce United States Coast Guard 1997 
Enforcement Policy for Cargo Residues on the Great Lakes 
(hereinafter in this section referred to as the ``Policy'') or 
revisions thereto, in accordance with that policy, for the 
purpose of regulating incidental discharges from vessels of 
residues of dry bulk cargo into the waters of the Great Lakes 
under the jurisdiction of the United States, until the earlier 
of--
          (1)  * * *
          (2) September 30, [2008] 2009.

           *       *       *       *       *       *       *

                              ----------                              

                      TITLE 46, UNITED STATES CODE

           *       *       *       *       *       *       *
Subtitle II--Vessels and Seamen

           *       *       *       *       *       *       *

                       Part A--General Provisions

                          CHAPTER 21--GENERAL

Sec.
2101. General definitions.
     * * * * * * *
2116. Termination for unsafe operation.
     * * * * * * *

Sec. 2114. Protection of seamen against discrimination

  (a)(1) A person may not discharge or in any manner 
discriminate against a seaman because--
          (A) the seaman in good faith has reported or is about 
        to report to the Coast Guard or other appropriate 
        Federal agency or department that the seaman believes 
        that a violation of a maritime safety law or regulation 
        prescribed under that law or regulation has occurred; 
        [or]
          (B) the seaman has refused to perform duties ordered 
        by the seaman's employer because the seaman has a 
        reasonable apprehension or expectation that performing 
        such duties would result in serious injury to the 
        seaman, other seamen, or the public[.];
          (C) the seaman testified in a proceeding brought to 
        enforce a maritime safety law or regulation prescribed 
        under that law;
          (D) the seaman notified, or attempted to notify, the 
        vessel owner or the Secretary of a work-related 
        personal injury or work-related illness of a seaman;
          (E) the seaman cooperated with a safety investigation 
        by the Secretary or the National Transportation Safety 
        Board;
          (F) the seaman furnished information to the 
        Secretary, the National Transportation Safety Board, or 
        any other public official as to the facts relating to 
        any marine casualty resulting in injury or death to an 
        individual or damage to property occurring in 
        connection with vessel transportation; or
          (G) the seaman accurately reported hours of duty 
        under this part.

           *       *       *       *       *       *       *

  [(b) A seaman discharged or otherwise discriminated against 
in violation of this section may bring an action in an 
appropriate district court of the United States. In that 
action, the court may order any appropriate relief, including--
          [(1) restraining violations of this section;
          [(2) reinstatement to the seaman's former position 
        with back pay;
          [(3) an award of costs and reasonable attorney's fees 
        to a prevailing plaintiff not exceeding $1,000; and
          [(4) an award of costs and reasonable attorney's fees 
        to a prevailing employer not exceeding $1,000 if the 
        court finds that a complaint filed under this section 
        is frivolous or has been brought in bad faith.]
  (b) A seaman alleging discharge or discrimination in 
violation of subsection (a) of this section, or another person 
at the seaman's request, may file a complaint with respect to 
such allegation in the same manner as a complaint may be filed 
under subsection (b) of section 31105 of title 49. Such 
complaint shall be subject to the procedures, requirements, and 
rights described in that section, including with respect to the 
right to file an objection, the right of a person to file for a 
petition for review under subsection (c) of that section, and 
the requirement to bring a civil action under subsection (d) of 
that section.

           *       *       *       *       *       *       *

Sec. 2116. Termination for unsafe operation

  An individual authorized to enforce this title--
          (1) may remove a certificate required by this title 
        from a vessel that is operating in a condition that 
        does not comply with the provisions of the certificate;
          (2) may order the individual in charge of a vessel 
        that is operating that does not have on board the 
        certificate required by this title to return the vessel 
        to a mooring and to remain there until the vessel is in 
        compliance with this title; and
          (3) may direct the individual in charge of a vessel 
        to which this title applies to immediately take 
        reasonable steps necessary for the safety of 
        individuals on board the vessel if the official 
        observes the vessel being operated in an unsafe 
        condition that the official believes creates an 
        especially hazardous condition, including ordering the 
        individual in charge to return the vessel to a mooring 
        and to remain there until the situation creating the 
        hazard is corrected or ended.

             Part B--Inspection and Regulations of Vessels

                          CHAPTER 31--GENERAL

Sec.
3101. Authority to suspend inspection.
     * * * * * * *
3104. Survival craft.

           *       *       *       *       *       *       *

Sec. 3104. Survival craft

  (a) Except as provided in subsection (b), the Secretary may 
not approve a survival craft as a safety device for purposes of 
this part, unless the craft ensures that no part of an 
individual is immersed in water.
  (b) The Secretary may authorize a survival craft that does 
not provide protection described in subsection (a) to remain in 
service until not later than January 1, 2013, if--
          (1) it was approved by the Secretary before January 
        1, 2008; and
          (2) it is in serviceable condition.

CHAPTER 32--MANAGEMENT OF VESSELS

           *       *       *       *       *       *       *

Sec. 3202. Application

  (a) [Mandatory Application.--] Foreign Voyages and Foreign 
Vessels.--This chapter applies to a vessel that--
          (1) * * *

           *       *       *       *       *       *       *

  (b) Other Passenger Vessels.--This chapter applies to a 
vessel that is--
          (1) a passenger vessel or small passenger vessel; and
          (2) is transporting more passengers than a number 
        prescribed by the Secretary based on the number of 
        individuals on the vessel that could be killed or 
        injured in a marine casualty.
  [(b)] (c) Voluntary Application.--This chapter applies to a 
vessel not described in subsection (a) of this section if the 
owner of the vessel requests the Secretary to apply this 
chapter to the vessel.
  [(c)] (d) Exception.--Except as provided in [subsection (b)] 
subsection (c) of this section, this chapter does not apply 
to--
          (1) * * *

           *       *       *       *       *       *       *

          (4) a vessel operating on the Great Lakes or its 
        tributary and connecting waters that is not described 
        in subsection (b) of this section; or
          (5) a public vessel.

Sec. 3203. Safety management system

  (a) * * *

           *       *       *       *       *       *       *

  (c) In prescribing regulations for passenger vessels and 
small passenger vessels, the Secretary shall consider the 
characteristics, methods of operation, and nature of the 
service of these vessels.

           *       *       *       *       *       *       *

CHAPTER 33--INSPECTION GENERALLY

           *       *       *       *       *       *       *

Sec. 3316. Classification societies

  (a) * * *
  (b)(1) The Secretary may delegate to the American Bureau of 
Shipping or another classification society recognized by the 
Secretary as meeting acceptable standards for such a society, 
for a vessel documented or to be documented under chapter 121 
of this title or for a floating installation, the authority 
to--
          (A) * * *

           *       *       *       *       *       *       *

  (2) The Secretary may make a delegation under paragraph (1) 
to a foreign classification society only--
          (A) to the extent that the government of the foreign 
        country in which the society is headquartered delegates 
        authority and provides access to the American Bureau of 
        Shipping to inspect, certify, and provide related 
        services to vessels documented in that country or for 
        floating installations; and

           *       *       *       *       *       *       *

  (3) When an inspection or examination has been delegated 
under this subsection, the Secretary's delegate--
          (A) shall maintain in the United States complete 
        files of all information derived from or necessarily 
        connected with the inspection or examination for at 
        least 2 years after the vessel or floating installation 
        ceases to be certified; and

           *       *       *       *       *       *       *

  (d) For purposes of this section, the term ``floating 
installation'' means any installation, structure, or other 
device that floats and that either dynamically holds position 
or is temporarily or permanently attached to the seabed or 
subsoil under the territorial sea of the United States or the 
outer Continental Shelf (as that term is defined in section 2 
of the Outer Continental Shelf Lands Act (43 U.S.C. 1331)), and 
is used for the purpose of exploring for, developing, 
producing, or storing the resources from that seabed or 
subsoil.

           *       *       *       *       *       *       *

      CHAPTER 45--UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS

Sec.
4501. Application.
     * * * * * * *
[4503. Fish processing vessel certification.]
4503.  Fishing, fish tender, and fish processing vessel certification.
     * * * * * * *
[4508. Commercial Fishing Industry Vessel Safety Advisory Committee.]
4508.  Commercial Fishing Safety Advisory Committee.

           *       *       *       *       *       *       *

Sec. 4502. Safety standards

  (a) The Secretary shall prescribe regulations which require 
that each vessel to which this chapter applies shall be 
equipped with--
          (1) * * *

           *       *       *       *       *       *       *

          [(6) a buoyant apparatus, if the vessel is of a type 
        required by regulations prescribed by the Secretary to 
        be equipped with that apparatus;
          [(7) alerting and locating equipment, including 
        emergency position indicating radio beacons, on vessels 
        that operate beyond 3 nautical miles from the baselines 
        from which the territorial sea of the United States is 
        measured, and which are owned in the United States or 
        beyond 3 nautical miles from the coastline of the Great 
        Lakes; and]
          (6) other equipment required to minimize the risk of 
        injury to the crew during vessel operations, if the 
        Secretary determines that a risk of serious injury 
        exists that can be eliminated or mitigated by that 
        equipment; and
          [(8)] (7) a placard as required by regulations 
        prescribed under section 10603(b) of this title.
  (b)(1) In addition to the requirements of subsection (a) of 
this section, the Secretary shall prescribe regulations 
requiring the installation, maintenance, and use of the 
equipment in paragraph (2) of this subsection for [documented] 
vessels to which this chapter applies that--
          (A) operate beyond [the Boundary Line] 3 nautical 
        miles from the baseline from which the territorial sea 
        of the United States is measured or beyond 3 nautical 
        miles from the coastline of the Great Lakes;

           *       *       *       *       *       *       *

  (2) The equipment to be required is as follows:
          (A) * * *
          (B) [lifeboats or liferafts] a survival craft that 
        ensures that no part of an individual is immersed in 
        water sufficient to accommodate all individuals on 
        board;

           *       *       *       *       *       *       *

          (D) marine radio communications equipment sufficient 
        to effectively communicate with land-based search and 
        rescue facilities;
          (E) navigation equipment, including compasses, [radar 
        reflectors, nautical charts, and anchors] nautical 
        charts, and publications;
          (F) first aid equipment[, including medicine chests] 
        and medical supplies sufficient for the size and area 
        of operation of the vessel; and
          [(G) other equipment required to minimize the risk of 
        injury to the crew during vessel operations, if the 
        Secretary determines that a risk of serious injury 
        exists that can be eliminated or mitigated by that 
        equipment.]
          (G) ground tackle sufficient for the vessel.

           *       *       *       *       *       *       *

  [(f) To ensure compliance with the requirements of this 
chapter, at least once every 2 years the Secretary shall 
examine--
          [(1) a fish processing vessel; and
          [(2) a fish tender vessel engaged in the Aleutian 
        trade.]
  (f) To ensure compliance with the requirements of this 
chapter, the Secretary--
          (1) shall require the individual in charge of a 
        vessel described in subsection (b) to keep a record of 
        equipment maintenance, and required instruction and 
        drills; and
          (2) shall examine at dockside a vessel described in 
        subsection (b) at least twice every 5 years, and shall 
        issue a certificate of compliance to a vessel meeting 
        the requirements of this chapter.
  (g)(1) The individual in charge of a vessel described in 
subsection (b) must pass a training program approved by the 
Secretary that meets the requirements in paragraph (2) of this 
subsection and hold a valid certificate issued under that 
program.
  (2) The training program shall--
          (A) be based on professional knowledge and skill 
        obtained through sea service and hands-on training, 
        including training in seamanship, stability, collision 
        prevention, navigation, fire fighting and prevention, 
        damage control, personal survival, emergency medical 
        care, and weather;
          (B) require an individual to demonstrate ability to 
        communicate in an emergency situation and understand 
        information found in navigation publications;
          (C) recognize and give credit for recent past 
        experience in fishing vessel operation; and
          (D) provide for issuance of a certificate to an 
        individual that has successfully completed the program.
  (3) The Secretary shall prescribe regulations implementing 
this subsection. The regulations shall require that individuals 
who are issued a certificate under paragraph (2)(D) must 
complete refresher training at least once every 5 years as a 
condition of maintaining the validity of the certificate.
  (4) The Secretary shall establish a publicly accessible 
electronic database listing the names of individuals who have 
participated in and received a certificate confirming 
successful completion of a training program approved by the 
Secretary under this section.
  (h) A vessel to which this chapter applies shall be 
constructed in a manner that provides a level of safety 
equivalent to the minimum safety standards the Secretary may 
established for recreational vessels under section 4302, if--
          (1) subsection (b) of this section applies to the 
        vessel;
          (2) the vessel is less than 50 feet overall in 
        length; and
          (3) the vessel is built after January 1, 2008.
  (i)(1) The Secretary shall establish a Fishing Safety 
Training Grants Program to provide funding to municipalities, 
port authorities, other appropriate public entities, not-for-
profit organizations, and other qualified persons that provide 
commercial fishing safety training--
          (A) to conduct fishing vessel safety training that 
        meets the requirements of subsection (g); and
          (B) for purchase of safety equipment and training 
        aids for use in those fishing vessel safety training 
        programs.
  (2) The Secretary shall award grants under this subsection on 
a competitive basis.
  (3) The Federal share of the cost of any activity carried out 
with a grant under this subsection shall not exceed 75 percent.
  (4) There is authorized to be appropriated $3,000,000 for 
each of fiscal years 2008 through 2012 for grants under this 
subsection.
  (j)(1) The Secretary shall establish a Fishing Safety 
Research Grant Program to provide funding to individuals in 
academia, members of non-profit organizations and businesses 
involved in fishing and maritime matters, and other persons 
with expertise in fishing safety, to conduct research on 
methods of improving the safety of the commercial fishing 
industry, including vessel design, emergency and survival 
equipment, enhancement of vessel monitoring systems, 
communications devices, de-icing technology, and severe weather 
detection.
  (2) The Secretary shall award grants under this subsection on 
a competitive basis.
  (3) The Federal share of the cost of any activity carried out 
with a grant under this subsection shall not exceed 75 percent.

[Sec. 4503. Fish processing vessel certification]

Sec. 4503. Fishing, fish tender, and fish processing vessel 
                    certification

  (a) A [fish processing] vessel to which this section applies 
may not be operated unless the vessel--
          (1) * * *

           *       *       *       *       *       *       *

  (c) This section applies to a vessel to which section 4502(b) 
of this title applies that--
          (1) is at least 50 feet overall in length;
          (2) is built after January 1, 2008; or
          (3) undergoes a major conversion completed after that 
        date.
  (d) After January 1, 2018, this section applies to a fishing 
vessel or fish tender vessel that is built before January 1, 
2008, and is 25 years of age or older, unless the vessel 
complies with an alternate safety compliance program prescribed 
by the Secretary.

           *       *       *       *       *       *       *

Sec. 4506. Exemptions

  (a) * * *
  [(b) A vessel to which this chapter applies is exempt from 
section 4502(b)(2)(B) of this title if it--
          [(1) is less than 36 feet in length; and
          [(2) is operating--
                  [(A) in internal waters of the United States; 
                or
                  [(B) within 3 nautical miles from the 
                baselines from which the territorial sea of the 
                United States is measured.]

           *       *       *       *       *       *       *

[Sec. 4508. Commercial Fishing Industry Vessel Advisory Safety 
                    Committee]

Sec. 4508. Commercial Fishing Safety Advisory Committee

  (a) The Secretary shall establish a Commercial Fishing 
[Industry Vessel] Safety Advisory Committee. The Committee--
          (1) * * *

           *       *       *       *       *       *       *

                     Part C--Load Lines of Vessels

CHAPTER 51--LOAD LINES

           *       *       *       *       *       *       *

Sec. 5102. Application

  (a) * * *
  (b) This chapter does not apply to the following:
          (1) * * *

           *       *       *       *       *       *       *

          (3) a fishing vessel, unless the vessel is built or 
        undergoes a major conversion completed after January 1, 
        2008.

           *       *       *       *       *       *       *

     Part E--Merchant Seamen Licenses, Certificates, and Documents

           CHAPTER 71--LICENSES AND CERTIFICATES OF REGISTRY

Sec.  
7101. Issuing and classifying licenses and certificates of registry.
     * * * * * * *
[7105. Oaths.]
     * * * * * * *
7115.  Merchant Mariner Medical Advisory Committee.

           *       *       *       *       *       *       *

[Sec. 7105. Oaths

  [An applicant for a license or certificate of registry shall 
take, before the issuance of the license or certificate, an 
oath before a designated official, without concealment or 
reservation, that the applicant will perform faithfully and 
honestly, according to the best skill and judgment of the 
applicant, all the duties required by law.

[Sec. 7106. Duration of licenses

  [A license issued under this part is valid for 5 years and 
may be renewed for additional 5-year periods. However, the 
validity of a license issued to a radio officer is conditioned 
on the continuous possession by the holder of a first-class or 
second-class radiotelegraph operator license issued by the 
Federal Communications Commission.

[Sec. 7107. Duration of certificates of registry

  [A certificate of registry issued under this part is valid 
for 5 years and may be renewed for additional 5-year periods. 
However, the validity of a certificate issued to a medical 
doctor or professional nurse is conditioned on the continuous 
possession by the holder of a license as a medical doctor or 
registered nurse, respectively, issued by a State.]

Sec. 7106. Duration of licenses

  (a) In General.--A license issued under this part is valid 
for a 5-year period and may be renewed for additional 5-year 
periods; except that the validity of a license issued to a 
radio officer is conditioned on the continuous possession by 
the holder of a first-class or second-class radiotelegraph 
operator license issued by the Federal Communications 
Commission.
  (b) Advance Renewals.--A renewed license issued under this 
part may be issued up to 8 months in advance but is not 
effective until the date that the previously issued license 
expires.

Sec. 7107. Duration of certificates of registry

  (a) In General.--A certificate of registry issued under this 
part is valid for a 5-year period and may be renewed for 
additional 5-year periods; except that the validity of a 
certificate issued to a medical doctor or professional nurse is 
conditioned on the continuous possession by the holder of a 
license as a medical doctor or registered nurse, respectively, 
issued by a State.
  (b) Advance Renewals.--A renewed certificate of registry 
issued under this part may be issued up to 8 months in advance 
but is not effective until the date that the previously issued 
certificate of registry expires.

           *       *       *       *       *       *       *

Sec. 7115. Merchant Mariner Medical Advisory Committee

  (a) Establishment.--
          (1) In general.--There is established a Merchant 
        Mariner Medical Advisory Committee (in this section 
        referred to as the ``Committee'').
          (2) Functions.--The Committee shall advise the 
        Secretary on matters relating to--
                  (A) medical certification determinations for 
                issuance of merchant mariner credentials;
                  (B) medical standards and guidelines for the 
                physical qualifications of operators of 
                commercial vessels;
                  (C) medical examiner education; and
                  (D) medical research.
  (b) Membership.--
          (1) In general.--The Committee shall consist of 
        twelve members, none of whom is a Federal employee, and 
        shall include--
                  (A) ten who are health-care professionals 
                with particular expertise, knowledge, or 
                experience regarding the medical examinations 
                of merchant mariners or occupational medicine; 
                and
                  (B) two who are professional mariners with 
                knowledge and experience in mariner 
                occupational requirements.
          (2) Status of members.--Members of the Committee 
        shall not be considered Federal employees or otherwise 
        in the service or the employment of the Federal 
        Government, except that members shall be considered 
        special Government employees, as defined in section 
        202(a) of title 18, United States Code, and shall be 
        subject to any administrative standards of conduct 
        applicable to the employees of the department in which 
        the Coast Guard is operating.
  (c) Appointments; Terms; Vacancies.--
          (1) Appointments.--The Secretary shall appoint the 
        members of the Committee, and each member shall serve 
        at the pleasure of the Secretary.
          (2) Terms.--Each member shall be appointed for a term 
        of three years, except that, of the members first 
        appointed, three members shall be appointed for a term 
        of two years and three members shall be appointed for a 
        term of one year.
          (3) Vacancies.--Any member appointed to fill the 
        vacancy prior to the expiration of the term for which 
        that member's predecessor was appointed shall be 
        appointed for the remainder of that term.
  (d) Chairman and Vice Chairman.--The Secretary shall 
designate one member of the Committee as the Chairman and one 
member as the Vice Chairman. The Vice Chairman shall act as 
Chairman in the absence or incapacity of, or in the event of a 
vacancy in the office of, the Chairman.
  (e) Compensation; Reimbursement.--Members of the Committee 
shall serve without compensation, except that, while engaged in 
the performance of duties away from their homes or regular 
places of business of the member, the member of the Committee 
may be allowed travel expenses, including per diem in lieu of 
subsistence, as authorized by section 5703 of title 5.
  (f) Staff; Services.--The Secretary shall furnish to the 
Committee the personnel and services as are considered 
necessary for the conduct of its business.

                CHAPTER 73--MERCHANT MARINERS' DOCUMENTS

Sec.
7301. General.
     * * * * * * *
[7305. Oaths for holders of merchant mariners' documents.]
     * * * * * * *

Sec. 7302. Issuing merchant mariners' documents and continuous 
                    discharge books

  (a) * * *

           *       *       *       *       *       *       *

  [(f) Except as provided in subsection (g), a merchant 
mariner's document issued under this chapter is valid for 5 
years and may be renewed for additional 5-year periods.]
  (f) Periods of Validity and Renewal of Merchant Mariners' 
Documents.--
          (1) In general.--Except as provided in subsection 
        (g), a merchant mariner's document issued under this 
        chapter is valid for a 5-year period and may be renewed 
        for additional 5-year periods.
          (2) Advance renewals.--A renewed merchant mariner's 
        document may be issued under this chapter up to 8 
        months in advance but is not effective until the date 
        that the previously issued merchant mariner's document 
        expires.

           *       *       *       *       *       *       *

[Sec. 7305. Oaths for holders of merchant mariners' documents

  [An applicant for a merchant mariner's document shall take, 
before issuance of the document, an oath that the applicant 
will perform faithfully and honestly all the duties required by 
law, and will carry out the lawful orders of superior 
officers.]

           *       *       *       *       *       *       *

   CHAPTER 75--GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND 
                             DOCUMENTATION

Sec.
7501. Duplicates.
     * * * * * * *
7507. Fingerprinting.
7508. Authority to extend the duration of licenses, certificates of 
          registry, and merchant mariner documents.

           *       *       *       *       *       *       *

Sec. 7502. Records

  (a) The Secretary shall maintain [computerized records] 
records, including electronic records, on the issuances, 
denials, suspensions, and revocations of licenses, certificates 
of registry, merchant mariners' documents, and endorsements on 
those licenses, certificates, and documents.
  (b) The Secretary may prescribe regulations requiring a 
vessel owner or managing operator of a commercial vessel, or 
the employer of a seaman on that vessel, to maintain records of 
each individual engaged on the vessel on matters of engagement, 
discharge, and service for not less than 5 years after the date 
of the completion of the service of that individual on the 
vessel. The regulations may require that a vessel owner, 
managing operator, or employer shall make these records 
available to the individual and the Coast Guard on request.
  (c) A person violating this section, or a regulation 
prescribed under this section, is liable to the United States 
Government for a civil penalty of not more than $5,000.

           *       *       *       *       *       *       *

Sec. 7507. Fingerprinting

  The Secretary of the Department in which the Coast Guard is 
operating may not require an individual to be fingerprinted for 
the issuance or renewal of a license, a certificate of 
registry, or a merchant mariner's document under chapter 71 or 
73 if the individual was fingerprinted when the individual 
applied for a transportation security card under section 70105.

Sec. 7508. Authority to extend the duration of licenses, certificates 
                    of registry, and merchant mariner documents

  (a) Licenses and Certificates of Registry.--Notwithstanding 
section 7106 and 7107, the Secretary of the department in which 
the Coast Guard is operating may extend for one year an 
expiring license or certificate of registry issued for an 
individual under chapter 71 if the Secretary determines that 
extension is required to enable the Coast Guard to eliminate a 
backlog in processing applications for those licenses or 
certificates of registry.
  (b) Merchant Mariner Documents.--Notwithstanding section 
7302(g), the Secretary may extend for one year an expiring 
merchant mariner's document issued for an individual under 
chapter 71 if the Secretary determines that extension is 
required to enable the Coast Guard to eliminate a backlog in 
processing applications for those documents.
  (c) Manner of Extension.--Any extensions granted under this 
section may be granted to individual seamen or a specifically 
identified group of seamen.
  (d) Expiration of Authority.--The authority for providing an 
extension under this section shall expire on June 30, 2009.

           *       *       *       *       *       *       *

                       Part F--Manning of Vessels

                          CHAPTER 81--GENERAL

Sec.
8101. Complement of inspected vessels.
     * * * * * * *
8106. Riding gangs.

           *       *       *       *       *       *       *

CHAPTER 89--SMALL VESSEL MANNING

           *       *       *       *       *       *       *

Sec. 8905. Exemptions

  (a) * * *
  [(b) Section 8904 of this title does not apply to a vessel of 
less than 200 gross tons as measured under section 14502 of 
this title, or an alternate tonnage measured under section 
14302 of this title as prescribed by the Secretary under 
section 14104 of this title engaged in the offshore mineral and 
oil industry if the vessel has offshore mineral and oil 
industry sites or equipment as its ultimate destination or 
place of departure.]
  [(c)] (b) Section 8904 of this title does not apply to an oil 
spill response vessel while engaged in oil spill response or 
training activities.

           *       *       *       *       *       *       *

CHAPTER 103--FOREIGN AND INTERCOASTAL VOYAGES

           *       *       *       *       *       *       *

Sec. 10313. Wages

  (a) * * *

           *       *       *       *       *       *       *

  (g) [When] (1) Subject to paragraph (2), when payment is not 
made as provided under subsection (f) of this section without 
sufficient cause, the master or owner shall pay to the seaman 2 
days' wages for each day payment is delayed.
  (2) The total amount required to be paid under paragraph (1) 
with respect to all claims in a class action suit by seamen on 
a passenger vessel capable of carrying more than 500 passengers 
for wages under this section against a vessel master, owner, or 
operator or the employer of the seamen shall not exceed ten 
times the unpaid wages that are the subject of the claims.
  (3) A class action suit for wages under this subsection must 
be commenced within three years after the later of--
          (A) the date of the end of the last voyage for which 
        the wages are claimed; or
          (B) the receipt, by a seaman who is a claimant in the 
        suit, of a payment of wages that are the subject of the 
        suit that is made in the ordinary course of employment.

           *       *       *       *       *       *       *

Sec. 10315. Allotments

  (a) * * *

           *       *       *       *       *       *       *

  (f) Deposits in Seaman Account.--A seaman employed on a 
passenger vessel capable of carrying more than 500 passengers 
may authorize, by written request signed by the seaman, the 
master, owner, or operator of the vessel, or the employer of 
the seaman, to make deposits of wages of the seaman into a 
checking, savings, investment, or retirement account, or other 
account to secure a payroll or debit card for the seaman if--
          (1) the wages designated by the seaman for such 
        deposit are deposited in a United States or 
        international financial institution designated by the 
        seaman;
          (2) such deposits in the financial institution are 
        fully guaranteed under commonly accepted international 
        standards by the government of the country in which the 
        financial institution is licensed;
          (3) a written wage statement or pay stub, including 
        an accounting of any direct deposit, is delivered to 
        the seaman no less often than monthly; and
          (4) while on board the vessel on which the seaman is 
        employed, the seaman is able to arrange for withdrawal 
        of all funds on deposit in the account in which the 
        wages are deposited.

           *       *       *       *       *       *       *

CHAPTER 105--COASTWISE VOYAGES

           *       *       *       *       *       *       *

Sec. 10504. Wages

  (a) * * *

           *       *       *       *       *       *       *

  (c) [When] (1) Subject to subsection (d), and except as 
provided in paragraph (2), when payment is not made as provided 
under subsection (b) of this section without sufficient cause, 
the master or owner shall pay to the seaman 2 days' wages for 
each day payment is delayed.
  (2) The total amount required to be paid under paragraph (1) 
with respect to all claims in a class action suit by seamen on 
a passenger vessel capable of carrying more than 500 passengers 
for wages under this section against a vessel master, owner, or 
operator or the employer of the seamen shall not exceed ten 
times the unpaid wages that are the subject of the claims.
  (3) A class action suit for wages under this subsection must 
be commenced within three years after the later of--
          (A) the date of the end of the last voyage for which 
        the wages are claimed; or
          (B) the receipt, by a seaman who is a claimant in the 
        suit, of a payment of wages that are the subject of the 
        suit that is made in the ordinary course of employment.

           *       *       *       *       *       *       *

  (f) Deposits in Seaman Account.--A seaman employed on a 
passenger vessel capable of carrying more than 500 passengers 
may authorize, by written request signed by the seaman, the 
master, owner, or operator of the vessel, or the employer of 
the seaman, to make deposits of wages of the seaman into a 
checking, savings, investment, or retirement account, or other 
account to secure a payroll or debit card for the seaman if--
          (1) the wages designated by the seaman for such 
        deposit are deposited in a United States or 
        international financial institution designated by the 
        seaman;
          (2) such deposits in the financial institution are 
        fully guaranteed under commonly accepted international 
        standards by the government of the country in which the 
        financial institution is licensed;
          (3) a written wage statement or pay stub, including 
        an accounting of any direct deposit, is delivered to 
        the seaman no less often than monthly; and
          (4) while on board the vessel on which the seaman is 
        employed, the seaman is able to arrange for withdrawal 
        of all funds on deposit in the account in which the 
        wages are deposited.

           *       *       *       *       *       *       *

                     CHAPTER 113--OFFICIAL LOGBOOKS

Sec.  
11301. Logbook and entry requirements.
     * * * * * * *
11304. Additional logbook and entry requirements.

           *       *       *       *       *       *       *

Sec. 11304. Additional logbook and entry requirements

  (a) A vessel of the United States that is subject to 
inspection under section 3301 of this title, except a vessel on 
a voyage from a port in the United States to a port in Canada, 
shall have an official logbook.
  (b) The log book required by subsection (a) shall include the 
following entries:
          (1) The time when each seaman and each officer 
        assumed or relieved the watch.
          (2) The number of hours in service to the vessels of 
        each seaman and each officer.
          (3) An account of each accident, illness, and injury 
        that occurs during each watch.

           *       *       *       *       *       *       *

                   Part H--Identification of Vessels

CHAPTER 121--DOCUMENTATION OF VESSELS

           *       *       *       *       *       *       *

         SUBCHAPTER II--ENDORSEMENTS AND SPECIAL DOCUMENTATION

Sec. 12111. Registry endorsement

  (a) * * *

           *       *       *       *       *       *       *

  (d) A vessel or facility for which a registry endorsement is 
not issued may not engage in regassifying on navigable waters 
unless the vessel or facility transported the gas from a 
foreign port.

           *       *       *       *       *       *       *

Sec. 12113. Fishery endorsement

  (a) * * *

           *       *       *       *       *       *       *

  (d) Requirements Based on Length, Tonnage, or Horsepower.--
          (1) * * *
          (2) Requirements.--A vessel subject to this 
        subsection is not eligible for a fishery endorsement 
        unless--
                  (A)(i) a certificate of documentation was 
                issued for the vessel and endorsed with a 
                fishery endorsement that was effective on 
                September 25, 1997; and
                  (ii) the vessel is not placed under foreign 
                registry after October 21, 1998; [and]
                  [(iii) if the fishery endorsement is 
                invalidated after October 21, 1998, application 
                is made for a new fishery endorsement within 15 
                business days of the invalidation; or]
                  (B) the owner of the vessel demonstrates to 
                the Secretary that the regional fishery 
                management council of jurisdiction established 
                under section 302(a)(1) of the Magnuson-Stevens 
                Fishery Conservation and Management Act (16 
                U.S.C. 1852(a)(1)) has recommended after 
                October 21, 1998, and the Secretary of Commerce 
                has approved, conservation and management 
                measures in accordance with the American 
                Fisheries Act (Public Law 105-277, div. C, 
                title II) (16 U.S.C. 1851 note) to allow the 
                vessel to be used in fisheries under the 
                council's authority[.]; or
                  (C) the vessel is either a rebuilt vessel or 
                a replacement vessel under section 208(g) of 
                the American Fisheries Act (title II of 
                division C of Public Law 105-277; 112 Stat. 
                2681-627) and is eligible for a fishery 
                endorsement under this section.

           *       *       *       *       *       *       *

                     Part J--Measurement of Vessels

CHAPTER 141--GENERAL

           *       *       *       *       *       *       *

Sec. 14101. Definitions

  In this part--
          (1) * * *

           *       *       *       *       *       *       *

          (4) ``vessel [engaged] that engages on a foreign 
        voyage'' means a vessel--
                  (A) [arriving] that arrives at a place under 
                the jurisdiction of the United States from a 
                place in a foreign country;
                  (B) [making] that makes a voyage between 
                places outside the United States [(except a 
                foreign vessel engaged on that voyage)];
                  (C) [departing] that departs from a place 
                under the jurisdiction of the United States for 
                a place in a foreign country; or
                  (D) [making] that makes a voyage between a 
                place within a territory or possession of the 
                United States and another place under the 
                jurisdiction of the United States not within 
                that territory or possession.

           *       *       *       *       *       *       *

Sec. 14103. Delegation of authority

  (a) * * *

           *       *       *       *       *       *       *

  (c) For a vessel [intended to be engaged on] that engages on 
a foreign voyage, the Secretary may delegate to another country 
that is a party to the Convention the authority to measure the 
vessel and issue an International Tonnage Certificate (1969) 
under chapter 143 of this title.

           *       *       *       *       *       *       *

                  CHAPTER 143--CONVENTION MEASUREMENT

Sec.  
14301. Application.
     * * * * * * *
[14303. International Tonnage Certificate (1969).]
14303.  Tonnage Certificate.
     * * * * * * *

Sec. 14301. Application

  [(a) Except as otherwise provided in this section, this 
chapter applies to the following:
          [(1) a documented vessel.
          [(2) a vessel that is to be documented under chapter 
        121 of this title.
          [(3) a vessel engaged on a foreign voyage.]
  (a) Except as otherwise provided in this section, this 
chapter applies to any vessel for which the application of an 
international agreement or other law of the United States to 
the vessel depends on the vessel's tonnage.
  (b) This chapter does not apply to the following:
          (1) a vessel of war[.], unless the government of the 
        country to which the vessel belongs elects to measure 
        the vessel under this chapter.

           *       *       *       *       *       *       *

          (3) a vessel of United States or Canadian registry or 
        nationality, or a vessel operated under the authority 
        of the United States or Canada, and that is operating 
        only on the Great Lakes, unless the owner requests.
          (4) [a vessel (except a vessel engaged] a vessel of 
        United States registry or nationality, or one operated 
        under the authority of the United States (except a 
        vessel that engages on a foreign voyage) the keel of 
        which was laid or that was at a similar stage of 
        construction before January 1, 1986, unless--
                  (A) * * *

           *       *       *       *       *       *       *

          [(5) before July 19, 1994, an existing vessel 
        unless--
                  [(A) the owner requests; or
                  [(B) the vessel undergoes a change that the 
                Secretary finds substantially affects the 
                vessel's gross tonnage.]
          [(6) a barge (except a barge engaged on a foreign 
        voyage) unless the owner requests.]
          (5) a barge of United States registry or nationality, 
        or a barge operated under the authority of the United 
        States (except a barge that engages on a foreign 
        voyage) unless the owner requests.
  [(c) A vessel made subject to this chapter at the request of 
the owner may be remeasured only as provided by this chapter.]
  [(d) After July 18, 1994, an existing vessel (except an 
existing vessel referred to in subsection (b)(5)(A) or (B) of 
this section)] (c) An existing vessel that has not undergone a 
change that the Secretary finds substantially affects the 
vessel's gross tonnage (or a vessel to which IMO Resolutions 
A.494 (XII) of November 19, 1981, A.540 (XIII) of November 17, 
1983, or A.541 (XIII) of November 17, 1983 apply) may retain 
its tonnages existing on July 18, 1994, for the application of 
relevant requirements under international agreements (except 
the Convention) and other laws of the United States. However, 
if the vessel undergoes a change substantially affecting its 
tonnage after July 18, 1994, the vessel shall be remeasured 
under this chapter.
  [(e)] (d) This chapter does not affect an international 
agreement to which the United States Government is a party that 
is not in conflict with the Convention or the application of 
IMO Resolutions A.494 (XII) of November 19, 1981, A.540 (XIII) 
of November 17, 1983, and A.541 (XIII) of November 17, 1983.

Sec. 14302. Measurement

  (a) * * *
  [(b) Except as provided in section 1602(a) of the Panama 
Canal Act of 1979 (22 U.S.C. 3792(a)), a vessel measured under 
this chapter may not be required to be measured under another 
law.]
  (b) A vessel measured under this chapter may not be required 
to be measured under another law.

           *       *       *       *       *       *       *

Sec. 14303. [International] Tonnage Certificate [(1969)]

  (a) After measuring a vessel under this chapter, the 
Secretary shall issue, on request of the owner, an 
International Tonnage Certificate (1969) and deliver it to the 
owner or master of the vessel. For a vessel to which the 
Convention does not apply, the Secretary shall prescribe a 
certificate to be issued as evidence of a vessel's measurement 
under this chapter.
  (b) The certificate issued under this section shall be 
maintained as required by the Secretary.

           *       *       *       *       *       *       *

Sec. 14305. Optional regulatory measurement

  (a) On request of the owner of a [documented vessel measured 
under this chapter,] vessel measured under this chapter that is 
of United States registry or nationality, or a vessel operated 
under the authority of the United States, the Secretary also 
shall measure the vessel under chapter 145 of this title. The 
tonnages determined under that chapter shall be used in 
applying--
          (1) * * *

           *       *       *       *       *       *       *

                  CHAPTER 145--REGULATORY MEASUREMENT

                          SUBCHAPTER I--GENERAL

Sec.
14501. Application.
     * * * * * * *

                      SUBCHAPTER II--FORMAL SYSTEMS

14511. Application.
     * * * * * * *
14514. Reciprocity for foreign vessels.

           *       *       *       *       *       *       *

                         SUBCHAPTER I--GENERAL

Sec. 14501. Application

  This chapter applies to the following:
          [(1) a vessel not measured under chapter 143 of this 
        title if--
                  [(A) the vessel is to be documented under 
                chapter 121 of this title; or
                  [(B) the application of a law of the United 
                States to the vessel depends on the vessel's 
                tonnage.]
          (1) A vessel not measured under chapter 143 of this 
        title if the application of an international agreement 
        or other law of the United States to the vessel depends 
        on the vessel's tonnage.
          (2) [a vessel] A vessel measured under chapter 143 of 
        this title if the owner requests that the vessel also 
        be measured under this chapter as provided in section 
        14305 of this title.

           *       *       *       *       *       *       *

Sec. 14503. Certificate of measurement

  (a) The Secretary shall prescribe the certificate to be 
issued as evidence of a vessel's measurement under this 
chapter.
  (b) The certificate shall be maintained as required by the 
Secretary.

           *       *       *       *       *       *       *

SUBCHAPTER II--FORMAL SYSTEMS

           *       *       *       *       *       *       *

Sec. 14513. Dual tonnage measurement

  (a) * * *

           *       *       *       *       *       *       *

  (c)(1) If a [vessel's tonnage mark is below the uppermost 
part of the load line marks,] vessel is assigned two sets of 
gross and net tonnages under this section, each certificate 
stating the vessel's tonnages shall state the gross and net 
tonnages when the vessel's tonnage mark is submerged and when 
it is not submerged.
  (2) Except as provided in paragraph (1) of this subsection, a 
certificate stating a vessel's tonnages may state only one set 
of gross and net tonnages[.] as assigned under this section.

Sec. 14514. Reciprocity for foreign vessels

  For a foreign vessel not measured under chapter 143, if the 
Secretary finds that the laws and regulations of a foreign 
country related to measurement of vessels are substantially 
similar to those of this chapter and the regulations prescribed 
under this chapter, the Secretary may accept the measurement 
and certificate of a vessel of that foreign country as 
complying with this chapter and the regulations prescribed 
under this chapter.

           *       *       *       *       *       *       *

              Subtitle VII--Security and Drug Enforcement

Chapter                                                            Sec. 
      Port Security................................................70101
     * * * * * * *
      Maritime Law Enforcement.....................................70701

                       CHAPTER 701--PORT SECURITY

Sec.
70101. Definitions.
     * * * * * * *
[70110. Actions and assistance for foreign ports and United States 
          territories.]
70110.  Actions and assistance for foreign ports or facilities and 
          United States territories.
     * * * * * * *
[70117. Firearms, arrests, and seizure of property.]
     * * * * * * *

Sec. 70105. Transportation security cards

  (a) * * *

           *       *       *       *       *       *       *

  (c) Determination of Terrorism Security Risk.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Denial of waiver review.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) Classified evidence.--The Secretary, in 
                consultation with the [National Intelligence 
                Director] Director of National Intelligence, 
                shall issue regulations to establish procedures 
                by which the Secretary, as part of a review 
                conducted under this paragraph, may provide to 
                the individual adversely affected by the 
                determination an unclassified summary of 
                classified evidence upon which the denial of a 
                waiver by the Secretary was based.

           *       *       *       *       *       *       *

Sec. 70106. Maritime safety and security teams

  (a) * * *

           *       *       *       *       *       *       *

  [(c) Coordination With Other Agencies.--To the maximum extent 
feasible, each maritime safety and security team shall 
coordinate its activities with other Federal, State, and local 
law enforcement and emergency response agencies.]
  (c) Maritime Security Response Teams.--
          (1) In general.--In addition to the maritime safety 
        and security teams, the Secretary shall establish no 
        less than two maritime security response teams to act 
        as the Coast Guard's rapidly deployable 
        counterterrorism and law enforcement response units 
        that can apply advanced interdiction skills in response 
        to threats of maritime terrorism.
          (2) Minimization of response time.--The maritime 
        security response teams shall be stationed in such a 
        way to minimize, to the extent practicable, the 
        response time to any reported maritime terrorist 
        threat.
  (d) Coordination with Other Agencies.--To the maximum extent 
feasible, each maritime safety and security team and maritime 
security response team shall coordinate its activities with 
other Federal, State, and local law enforcement and emergency 
response agencies.

           *       *       *       *       *       *       *

Sec. 70110. Actions and assistance for foreign ports or facilities and 
                    United States territories

  (a) In General.--If the Secretary finds that a foreign port 
or facility does not maintain effective antiterrorism measures, 
the Secretary--
          (1) may prescribe conditions of entry into the United 
        States for any vessel arriving from that port or 
        facility, or any vessel carrying cargo or passengers 
        originating from or transshipped through that port or 
        facility;
          (2) may deny entry into the United States to any 
        vessel that does not meet such conditions; and
          (3) shall provide public notice for passengers of the 
        ineffective antiterrorism measures.
  (b) Effective Date for Sanctions.--Any action taken by the 
Secretary under subsection (a) for a particular port or 
facility shall take effect--
          (1) 90 days after the government of the foreign 
        country with jurisdiction over or control of that port 
        or facility is notified under section 70109 unless the 
        Secretary finds that the government has brought the 
        antiterrorism measures at the port or facility up to 
        the security level the Secretary used in making an 
        assessment under section 70108 before the end of that 
        90-day period; or
          (2) immediately upon the finding of the Secretary 
        under subsection (a) if the Secretary finds, after 
        consulting with the Secretary of State, that a 
        condition exists that threatens the safety or security 
        of passengers, vessels, or crew traveling to or from 
        the port or facility.
  (c) State Department To Be Notified.--The Secretary 
immediately shall notify the Secretary of State of a finding 
that a port or facility does not maintain effective 
antiterrorism measures.
  (d) Action Canceled.--An action required under this section 
is no longer required if the Secretary decides that effective 
antiterrorism measures are maintained at the port or facility.
  (e) Assistance for Foreign [Ports] Ports, Facilities, and 
United States Territories.--
          (1) In general.--The Secretary, in consultation with 
        the Secretary of Transportation, the Secretary of 
        State, and the Secretary of Energy, shall identify 
        assistance programs that could facilitate 
        implementation of port or facility security 
        antiterrorism measures in foreign countries and 
        territories of the United States. [The Secretary shall 
        establish a program to utilize the programs that are 
        capable of implementing port security antiterrorism 
        measures at ports in foreign countries and territories 
        of the United States that the Secretary finds to lack 
        effective antiterrorism measures.] The Secretary shall 
        establish a strategic plan to utilize those assistance 
        programs to assist ports and facilities that are found 
        by the Secretary under subsection (a) not to maintain 
        effective antiterrorism measures in the implementation 
        of port security antiterrorism measures.
          (2) Caribbean basin.--The Secretary, in coordination 
        with the Secretary of State and in consultation with 
        the Organization of American States and the Commandant 
        of the Coast Guard, shall place particular emphasis on 
        utilizing programs to facilitate the implementation of 
        port or facility security antiterrorism measures at the 
        ports located in the Caribbean Basin, as such ports 
        pose unique security and safety threats to the United 
        States due to--
                  (A) * * *

           *       *       *       *       *       *       *

  (f) Coast Guard Assistance Program.--
          (1) In general.--The Secretary may lend, lease, 
        donate, or otherwise provide equipment, and provide 
        technical training and support, to the owner or 
        operator of a foreign port or facility--
                  (A) to assist in bringing the port or 
                facility into compliance with applicable 
                International Ship and Port Facility Code 
                standards;
                  (B) to assist the port or facility in meeting 
                standards established under section 70109A of 
                this chapter; and
                  (C) to assist the port or facility in 
                exceeding the standards described in 
                subparagraphs (A) and (B).
          (2) Conditions.--The Secretary--
                  (A) shall provide such assistance based upon 
                an assessment of the risks to the security of 
                the United States and the inability of the 
                owner or operator of the port or facility 
                otherwise to bring the port or facility into 
                compliance with those standards and to maintain 
                compliance with them;
                  (B) may not provide such assistance unless 
                the port or facility has been subjected to a 
                comprehensive port security assessment by the 
                Coast Guard or a third party entity certified 
                by the Secretary under section 70110A(b) to 
                validate foreign port or facility compliance 
                with International Ship and Port Facility Code 
                standards; and
                  (C) may only lend, lease, or otherwise 
                provide equipment that the Secretary has first 
                determined is not required by the Coast Guard 
                for the performance of its missions.

           *       *       *       *       *       *       *

[Sec. 70117. Firearms, arrests, and seizure of property

  [Subject to guidelines approved by the Secretary, members of 
the Coast Guard may, in the performance of official duties--
          [(1) carry a firearm; and
          [(2) while at a facility--
                  [(A) make an arrest without warrant for any 
                offense against the United States committed in 
                their presence; and
                  [(B) seize property as otherwise provided by 
                law.]

           *       *       *       *       *       *       *

CHAPTER 705--MARITIME DRUG LAW ENFORCEMENT

           *       *       *       *       *       *       *

Sec. 70506. Penalties

  (a) * * *

           *       *       *       *       *       *       *

  (c) Simple Possession.--
          (1) In general.--Any individual on a vessel subject 
        to the jurisdiction of the United States who is found 
        by the Secretary, after notice and an opportunity for a 
        hearing, to have knowingly or intentionally possessed a 
        controlled substance within the meaning of the 
        Controlled Substances Act (21 U.S.C. 812) shall be 
        liable to the United States for a civil penalty of not 
        to exceed $10,000 for each violation. The Secretary 
        shall notify the individual in writing of the amount of 
        the civil penalty.
          (2) Determination of amount.--In determining the 
        amount of the penalty, the Secretary shall consider the 
        nature, circumstances, extent, and gravity of the 
        prohibited acts committed and, with respect to the 
        violator, the degree of culpability, any history of 
        prior offenses, ability to pay, and other matters that 
        justice requires.
          (3) Treatment of civil penalty assessment.--
        Assessment of a civil penalty under this subsection 
        shall not be considered a conviction for purposes of 
        State or Federal law but may be considered proof of 
        possession if such a determination is relevant.

           *       *       *       *       *       *       *

Subtitle VIII--Miscellaneous

           *       *       *       *       *       *       *

                    CHAPTER 801--WRECKS AND SALVAGE

Sec.
80101.  Vessel stranded on foreign coast.
[80102. License to salvage on Florida coast.]
     * * * * * * *

[Sec. 80102. License to salvage on Florida coast

  [(a) Licensing Requirements.--To be regularly employed in the 
business of salvaging on the coast of Florida, a vessel and its 
master each must have a license issued by a judge of the 
district court of the United States for a judicial district of 
Florida.
  [(b) Judicial Findings.--Before issuing a license under this 
section, the judge must be satisfied, when the license is for--
          [(1) a vessel, that the vessel is seaworthy and 
        properly equipped for the business of saving property 
        shipwrecked and in distress; or
          [(2) a master, that the master is trustworthy and 
        innocent of any fraud or misconduct related to property 
        shipwrecked or saved on the coast.]

           *       *       *       *       *       *       *

                              ----------                              

                         AMERICAN FISHERIES ACT

                          TITLE II--FISHERIES

Subtitle I--Fishery Endorsements

           *       *       *       *       *       *       *

SEC. 203. ENFORCEMENT OF STANDARD.

  (a) * * *

           *       *       *       *       *       *       *

  (g) Certain Vessels.--The vessels EXCELLENCE (United States 
official number 967502), GOLDEN ALASKA (United States official 
number 651041) and, OCEAN PHOENIX (United States official 
number 296779)[, NORTHERN TRAVELER (United States official 
number 635986), and NORTHERN VOYAGER (United States official 
number 637398) (or a replacement vessel for the NORTHERN 
VOYAGER that complies with paragraphs (2), (5), and (6) of 
section 208(g) of this Act)] shall be exempt from section 
12102(c), as amended by this Act, until such time after October 
1, 2001 as more than 50 percent of the interest owned and 
controlled in the vessel changes, provided that the vessel 
maintains eligibility for a fishery endorsement under the 
federal law that was in effect the day before the date of the 
enactment of this Act, and unless[, in the case of the NORTHERN 
TRAVELER or the NORTHERN VOYAGER (or such replacement), the 
vessel is used in any fishery under the authority of a regional 
fishery management council other than the New England Fishery 
Management Council or Mid-Atlantic Fishery Management Council 
established, respectively, under subparagraphs (A) and (B) of 
section 302(a)(1) of the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1852(a)(1) (A) and (B)), or in 
the case of the EXCELLENCE, GOLDEN ALASKA, or OCEAN PHOENIX,] 
the vessel is used to harvest any fish.

           *       *       *       *       *       *       *

Subtitle II--Bering Sea Pollock Fishery

           *       *       *       *       *       *       *

SEC. 208. ELIGIBLE VESSELS AND PROCESSORS.

  (a) * * *

           *       *       *       *       *       *       *

  [(g) Replacement Vessels.--In the event of the actual total 
loss or constructive total loss of a vessel eligible under 
subsections (a), (b), (c), (d), or (e), the owner of such 
vessel may replace such vessel with a vessel which shall be 
eligible in the same manner under that subsection as the 
eligible vessel, provided that--
          [(1) such loss was caused by an act of God, an act of 
        war, a collision, an act or omission of a party other 
        than the owner or agent of the vessel, or any other 
        event not caused by the willful misconduct of the owner 
        or agent;
          [(2) the replacement vessel was built in the United 
        States and if ever rebuilt, was rebuilt in the United 
        States;
          [(3) the fishery endorsement for the replacement 
        vessel is issued within 36 months of the end of the 
        last year in which the eligible vessel harvested or 
        processed pollock in the directed pollock fishery;
          [(4) if the eligible vessel is greater than 165 feet 
        in registered length, of more than 750 gross registered 
        tons (as measured under chapter 145 of title 46) or 
        1,900 gross registered tons as measured under chapter 
        143 of that title), or has engines capable of producing 
        more than 3,000 shaft horsepower, the replacement 
        vessel is of the same or lesser registered length, 
        gross registered tons, and shaft horsepower;
          [(5) if the eligible vessel is less than 165 feet in 
        registered length, of fewer than 750 gross registered 
        tons, and has engines incapable of producing less than 
        3,000 shaft horsepower, the replacement vessel is less 
        than each of such thresholds and does not exceed by 
        more than 10 percent the registered length, gross 
        registered tons or shaft horsepower of the eligible 
        vessel; and
          [(6) the replacement vessel otherwise qualifies under 
        federal law for a fishery endorsement, including under 
        section 12102(c) of title 46, United States Code, as 
        amended by this Act.]
  (g) Vessel Rebuilding and Replacement.--
          (1) In general.--
                  (A) Rebuild or replace.--Notwithstanding any 
                limitation to the contrary on replacing, 
                rebuilding, or lengthening vessels or 
                transferring permits or licenses to a 
                replacement vessel contained in sections 679.2 
                and 679.4 of title 50, Code of Federal 
                Regulations, as in effect on the date of 
                enactment of the Coast Guard Authorization Act 
                of 2007 and except as provided in paragraph 
                (4), the owner of a vessel eligible under 
                subsection (a), (b), (c), (d), or (e) (other 
                than paragraph (21)), in order to improve 
                vessel safety and operational efficiencies 
                (including fuel efficiency), may rebuild or 
                replace that vessel (including fuel efficiency) 
                with a vessel documented with a fishery 
                endorsement under section 12113 of title 46, 
                United States Code.
                  (B) Same requirements.--The rebuilt or 
                replacement vessel shall be eligible in the 
                same manner and subject to the same 
                restrictions and limitations under such 
                subsection as the vessel being rebuilt or 
                replaced.
                  (C) Transfer of permits and licenses.--Each 
                fishing permit and license held by the owner of 
                a vessel or vessels to be rebuilt or replaced 
                under subparagraph (A) shall be transferred to 
                the rebuilt or replacement vessel.
          (2) Recommendations of north pacific council.--The 
        North Pacific Council may recommend for approval by the 
        Secretary such conservation and management measures, 
        including size limits and measures to control fishing 
        capacity, in accordance with the Magnuson-Stevens Act 
        as it considers necessary to ensure that this 
        subsection does not diminish the effectiveness of 
        fishery management plans of the Bering Sea and Aleutian 
        Islands Management Area or the Gulf of Alaska.
          (3) Special rule for replacement of certain 
        vessels.--
                  (A) In general.--Notwithstanding the 
                requirements of subsections (b)(2), (c)(1), and 
                (c)(2) of section 12113 of title 46, United 
                States Code, a vessel that is eligible under 
                subsection (a), (b), (c), (d), or (e) (other 
                than paragraph (21)) and that qualifies to be 
                documented with a fishery endorsement pursuant 
                to section 203(g) or 213(g) may be replaced 
                with a replacement vessel under paragraph (1) 
                if the vessel that is replaced is validly 
                documented with a fishery endorsement pursuant 
                to section 203(g) or 213(g) before the 
                replacement vessel is documented with a fishery 
                endorsement under section 12113 of title 46, 
                United States Code.
                  (B) Applicability.--A replacement vessel 
                under subparagraph (A) and its owner and 
                mortgagee are subject to the same limitations 
                under section 203(g) or 213(g) that are 
                applicable to the vessel that has been replaced 
                and its owner and mortgagee.
          (4) Special rules for certain catcher vessels.--
                  (A) In general.--A replacement for a covered 
                vessel described in subparagraph (B) is 
                prohibited from harvesting fish in any fishery 
                (except for the Pacific whiting fishery) 
                managed under the authority of any regional 
                fishery management council (other than the 
                North Pacific Council) established under 
                section 302(a) of the Magnuson-Stevens Act.
                  (B) Covered vessels.--A covered vessel 
                referred to in subparagraph (A) is--
                          (i) a vessel eligible under 
                        subsection (a), (b), or (c) that is 
                        replaced under paragraph (1); or
                          (ii) a vessel eligible under 
                        subsection (a), (b), or (c) that is 
                        rebuilt to increase its registered 
                        length, gross tonnage, or shaft 
                        horsepower.
          (5) Limitation on fishery endorsements.--Any vessel 
        that is replaced under this subsection shall thereafter 
        not be eligible for a fishery endorsement under section 
        12113 of title 46, United States Code, unless that 
        vessel is also a replacement vessel described in 
        paragraph (1).
          (6) Gulf of alaska limitation.--Notwithstanding 
        paragraph (1), the Secretary shall prohibit from 
        participation in the groundfish fisheries of the Gulf 
        of Alaska any vessel that is rebuilt or replaced under 
        this subsection and that exceeds the maximum length 
        overall specified on the license that authorizes 
        fishing for groundfish pursuant to the license 
        limitation program under part 679 of title 50, Code of 
        Federal Regulations, as in effect on the date of 
        enactment of the Coast Guard Authorization Act of 2007.
          (7) Authority of pacific council.--Nothing in this 
        section shall be construed to diminish or otherwise 
        affect the authority of the Pacific Council to 
        recommend to the Secretary conservation and management 
        measures to protect fisheries under its jurisdiction 
        (including the Pacific whiting fishery) and 
        participants in such fisheries from adverse impacts 
        caused by this Act.

           *       *       *       *       *       *       *

SEC. 210. FISHERY COOPERATIVE LIMITATIONS.

  (a) * * *
  (b) Catcher Vessels Onshore.--
          (1) Catcher vessel cooperatives.--Effective January 
        1, 2000, upon the filing of a contract implementing a 
        fishery cooperative under subsection (a) which--
                  (A)  * * *

           *       *       *       *       *       *       *

        the Secretary shall allow only such catcher vessels 
        (and catcher vessels whose owners voluntarily 
        participate pursuant to paragraph (2)) to harvest the 
        aggregate percentage of the directed fishing allowance 
        under section 206(b)(1) in the year in which the 
        fishery cooperative will be in effect that is 
        equivalent to the aggregate total amount of pollock 
        harvested by such catcher vessels (and by such catcher 
        vessels whose owners voluntarily participate pursuant 
        to paragraph (2)) in the directed pollock fishery for 
        processing by the inshore component during 1995, 1996, 
        and 1997 relative to the aggregate total amount of 
        pollock harvested in the directed pollock fishery for 
        processing by the inshore component during such years 
        and shall prevent such catcher vessels (and catcher 
        vessels whose owners voluntarily participate pursuant 
        to paragraph (2)) from harvesting in aggregate in 
        excess of such percentage of such directed fishing 
        allowance.

           *       *       *       *       *       *       *

          (7) Fishery cooperative exit provisions.--
                  (A) Fishing allowance determination.--For 
                purposes of determining the aggregate 
                percentage of directed fishing allowances under 
                paragraph (1), when a catcher vessel is removed 
                from the directed pollock fishery, the fishery 
                allowance for pollock for the vessel being 
                removed--
                          (i) shall be based on the catch 
                        history determination for the vessel 
                        made pursuant to section 679.62 of 
                        title 50, Code of Federal Regulations, 
                        as in effect on the date of enactment 
                        of the Coast Guard Authorization Act of 
                        2007; and
                          (ii) shall be assigned, for all 
                        purposes under this title, in the 
                        manner specified by the owner of the 
                        vessel being removed to any other 
                        catcher vessel or among other catcher 
                        vessels participating in the fishery 
                        cooperative if such vessel or vessels 
                        remain in the fishery cooperative for 
                        at least one year after the date on 
                        which the vessel being removed leaves 
                        the directed pollock fishery.
                  (B) Eligibility for fishery endorsement.--
                Except as provided in subparagraph (C), a 
                vessel that is removed pursuant to this 
                paragraph shall be permanently ineligible for a 
                fishery endorsement, and any claim (including 
                relating to catch history) associated with such 
                vessel that could qualify any owner of such 
                vessel for any permit to participate in any 
                fishery within the exclusive economic zone of 
                the United States shall be extinguished, unless 
                such removed vessel is thereafter designated to 
                replace a vessel to be removed pursuant to this 
                paragraph.
                  (C) Limitations on statutory construction.--
                Nothing in this paragraph shall be construed--
                          (i) to make the vessels AJ (United 
                        States official number 905625), DONA 
                        MARTITA (United States official number 
                        651751), NORDIC EXPLORER (United States 
                        official number 678234), and PROVIDIAN 
                        (United States official number 1062183) 
                        ineligible for a fishery endorsement or 
                        any permit necessary to participate in 
                        any fishery under the authority of the 
                        New England Fishery Management Council 
                        or the Mid-Atlantic Fishery Management 
                        Council established, respectively, 
                        under subparagraphs (A) and (B) of 
                        section 302(a)(1) of the Magnuson-
                        Stevens Act; or
                          (ii) to allow the vessels referred to 
                        in clause (i) to participate in any 
                        fishery under the authority of the 
                        Councils referred to in clause (i) in 
                        any manner that is not consistent with 
                        the fishery management plan for the 
                        fishery developed by the Councils under 
                        section 303 of the Magnuson-Stevens 
                        Act.

           *       *       *       *       *       *       *

                              ----------                              

                  SECTION 4 OF THE ACT OF JULY 5, 1884

  (Commonly known as the Rivers and Harbors Appropriation Act of 1884)

  Sec. 4. (a)  * * *
  (b) No taxes, tolls, operating charges, fees, or any other 
impositions whatever shall be levied upon or collected from any 
vessel or other water craft, or from its passengers or crew, by 
any non-Federal interest, if the vessel or water craft is 
operating on any navigable waters subject to the authority of 
the United States, or under the right to freedom of navigation 
on those waters, except for--
          (1)  * * *
          (2) reasonable fees charged on a fair and equitable 
        basis that--
                  (A)  * * *

           *       *       *       *       *       *       *

                  (C) do not impose more than a small burden on 
                interstate or foreign commerce; [or]
          (3) property taxes on vessels or watercraft, other 
        than vessels or watercraft that are primarily engaged 
        in foreign commerce if those taxes are permissible 
        under the United States Constitution[.]; or
          (4) sales taxes on goods and services provided to or 
        by vessels or watercraft (other than vessels or 
        watercraft primarily engaged in foreign commerce).

                              ----------                              

     SECTION 7 OF THE RIVERS AND HARBORS APPROPRIATIONS ACT OF 1915

  Sec. 7. [That the] (a) In General.--The Secretary of Homeland 
Security is hereby authorized, empowered, and directed to 
define and establish anchorage grounds for vessels in all 
harbors, rivers, bays, and other navigable waters of the United 
States whenever it is manifest to the said Secretary that the 
maritime or commercial interests of the United States require 
such anchorage grounds for safe navigation and the 
establishment of such anchorage grounds shall have been 
recommended by the Chief of Engineers, and to adopt suitable 
rules and regulations in relation thereto; and such rules and 
regulations shall be enforced by the Revenue-Cutter Service 
under the direction of the Secretary of the Treasury: Provided, 
That at ports or places where there is no revenue cutter 
available such rules and regulations may be enforced by the 
Chief of Engineers under the direction of the Secretary of 
Homeland Security. In the event of the violation of any such 
rules and regulations by the owner, master, or person in charge 
of any vessel, such owner, master, or person in charge of such 
vessel shall be liable to a penalty of [$100; and the] up to 
$10,000. Each day during which a violation continues shall 
constitute a separate violation. The said vessel may be holden 
for the payment of such penalty, and may be seized and 
proceeded against summarily by libel for the recovery of the 
same in any United States district court for the district 
within which such vessel may be and in the name of the officer 
designated by the Secretary of Homeland Security.
  (b) Definition.--As used in this section ``navigable waters 
of the United States'' includes all waters of the territorial 
sea of the United States as described in Presidential 
Proclamation No. 5928 of December 27, 1988.
                              ----------                              

                       OIL POLLUTION ACT OF 1990

           *       *       *       *       *       *       *
SEC. 2. TABLE OF CONTENTS.

 The contents of this Act are as follows:
     * * * * * * *

        TITLE VII--OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM

Sec. 7001. Oil pollution research and development program.
Sec. 7002. Submerged oil program.
     * * * * * * *

TITLE I--OIL POLLUTION LIABILITY AND COMPENSATION

           *       *       *       *       *       *       *

SEC. 1004. LIMITS ON LIABILITY.

  (a) General Rule.--Except as otherwise provided in this 
section, the total of the liability of a responsible party 
under section 1002 and any removal costs incurred by, or on 
behalf of, the responsible party, with respect to each incident 
shall not exceed--
          (1) * * *
          (2) for any other vessel, $950 per gross ton or 
        $800,000[,], whichever is greater;

           *       *       *       *       *       *       *

  (d) Adjusting Limits of Liability.--
          (1) * * *
          (2) Deepwater ports and associated vessels.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) The Secretary may establish, by 
                regulation, a limit of liability of not less 
                than $12,000,000 for a deepwater port used only 
                in connection with transportation of natural 
                gas.

           *       *       *       *       *       *       *

SEC. 1012. USES OF THE FUND.

  (a) * * *

           *       *       *       *       *       *       *

  (h) Period of Limitations for Claims.--
          (1) Removal costs.--No claim may be presented under 
        this title for recovery of removal costs for an 
        incident unless the claim is presented within [6] 3 
        years after the date of completion of all removal 
        actions for that incident.

           *       *       *       *       *       *       *

                              ----------                              

                 COAST GUARD AUTHORIZATION ACT OF 1996

           *       *       *       *       *       *       *
SEC. 2. TABLE OF CONTENTS.

  The table of contents for this Act is as follows:

Sec. 1. Short title.
     * * * * * * *
Sec. 103. Quarterly [reports] report on drug interdiction.

           *       *       *       *       *       *       *

TITLE XI--MISCELLANEOUS

           *       *       *       *       *       *       *

SEC. 1120. DOCUMENTATION OF CERTAIN VESSELS.

  (a)  * * *

           *       *       *       *       *       *       *

  (c) Certificates of Documentation for Gallant Lady.--
          (1) In general.--Notwithstanding section 27 of the 
        Merchant Marine Act, 1920 (46 App. U.S.C. 883), section 
        8 of the Act of June 19, 1886 (24 Stat. 81, chapter 
        421; 46 App. U.S.C. 289), and section 12106 of title 
        46, United States Code, and subject to paragraph (2), 
        the Secretary [of Transportation] of the department in 
        which the Coast Guard is operating may issue a 
        certificate of documentation with an appropriate 
        endorsement for employment in coastwise trade for each 
        of the following vessels:
                  [(A) GALLANT LADY (Feadship hull number 645, 
                approximately 130 feet in length).]
                  (A) the vessel GALLANT LADY (Feadship hull 
                number 672, approximately 168 feet in length).

           *       *       *       *       *       *       *

          [(3) Condition.--The Secretary may not issue a 
        certificate of documentation for a vessel under 
        paragraph (1) unless, not later than 90 days after the 
        date of enactment of this Act, the owner of the vessel 
        referred to in paragraph (1)(B) submits to the 
        Secretary a letter expressing the intent of the owner 
        to, before April 1, 1998, enter into a contract for the 
        construction in the United States of a passenger vessel 
        of at least 130 feet in length.
          [(4) Effective date of certificates.--A certificate 
        of documentation issued under paragraph (1) shall take 
        effect--
                  [(A) for the vessel referred to in paragraph 
                (1)(A), on the date of the issuance of the 
                certificate; and
                  [(B) for the vessel referred to in paragraph 
                (1)(B), on the date of delivery of the vessel 
                to the owner.]
          [(5)] (3) Termination of effectiveness of 
        certificates.--A certificate of documentation issued 
        for a vessel under paragraph (1) shall expire[--
                  [(A) on the date of the sale of the vessel by 
                the owner;
                  [(B) on April 1, 1998, if the owner of the 
                vessel referred to in paragraph (1)(B) has not 
                entered into a contract for construction of a 
                vessel in accordance with the letter of intent 
                submitted to the Secretary under paragraph (3); 
                or
                  [(C) on such date as a contract referred to 
                in paragraph (2) is breached, rescinded, or 
                terminated (other than for completion of 
                performance of the contract) by the owner of 
                the vessel referred to in paragraph (1)(B).] on 
                the date of the sale of the vessel by the 
                owner.

           *       *       *       *       *       *       *

                              ----------                              

          COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2006

           *       *       *       *       *       *       *
TITLE III--SHIPPING AND NAVIGATION

           *       *       *       *       *       *       *

SEC. 311. INTERNATIONAL TONNAGE MEASUREMENT OF VESSELS ENGAGED IN THE 
                    ALEUTIAN TRADE.

  (a) * * *
  (b) Other Inspection Exemption and Watch Requirement.--
Paragraphs (3)(B) and (4) of section 3302(c) of title 46, 
United States Code, and paragraphs (1) and (2) of section 
8104(o) of that title are each amended by striking ``or an 
alternate tonnage measured under section 14302 of this title as 
prescribed by the Secretary under section 14104 of this title'' 
and inserting ``or less than 500 gross tons as measured under 
section 14502 of this title, or is less than 2,500 gross tons 
as measured under section 14302 of this title''.

           *       *       *       *       *       *       *

TITLE VI--DELAWARE RIVER PROTECTION AND MISCELLANEOUS OIL PROVISIONS

           *       *       *       *       *       *       *

SEC. 603. LIMITS ON LIABILITY.

  (a) Adjustment of Liability Limits.--
          (1) * * *
          (2) Other vessels.--Section 1004(a)(2) of such Act 
        ([33 U.S.C. 2794(a)(2)] 33 U.S.C. 2704(a)(2)) is 
        amended--
                  (A) * * *

           *       *       *       *       *       *       *

                    TITLE IX--TECHNICAL CORRECTIONS

SEC. 901. MISCELLANEOUS TECHNICAL CORRECTIONS.

  (a) * * *

           *       *       *       *       *       *       *

  (r) Corrections to Dingell-Johnson Sport Fish Restoration 
Act.--
          (1) * * *
          (2) Section 14.--Section 14(a)(1) of the Dingell-
        Johnson Sport Fish Restoration Act (16 U.S.C. 
        777m(a)(1)) is amended by striking ``For each of [the] 
        fiscal years 2006 through 2009, not more than'' and 
        inserting ``Not more than''.

SEC. 902. CORRECTION OF REFERENCES TO SECRETARY OF TRANSPORTATION AND 
                    DEPARTMENT OF TRANSPORTATION; RELATED MATTERS.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Public Contracts.--Section 3732 of the Revised Statutes 
of the United States (41 U.S.C. 11) is amended by striking ``of 
Transportation'' each place it appears and inserting ``of 
Homeland Security''.

           *       *       *       *       *       *       *

  (e) Shipping.--Title 46, United State Code, is amended--
          (1) in section 2109 by striking ``a Coast Guard or''; 
        and
          (2) in section 6308--
                  (A) by redesignating subsections (b) and (c) 
                as subsections (c) and (d), respectively; [and]

           *       *       *       *       *       *       *

                  [(3)] (C) in subsection (c), as redesignated 
                by this [section] paragraph, by striking 
                ``subsection (a)'' and inserting ``subsections 
                (a) and (b)''; and
                  [(4)] (D) in subsection (d), as redesignated 
                by this [section] paragraph, by striking 
                ``subsections (a) and (b)'' and inserting 
                ``subsections (a), (b), and (c)''.

           *       *       *       *       *       *       *

  (h) Conservation.--
          (1) Section 1029.--Section 1029(e)(2)(B) of the 
        [Bisti/De-Na-Zin Wilderness Expansion and Fossil 
        Protection] Omnibus Parks and Public Lands Management 
        Act of 1996 (16 U.S.C. 460kkk(e)(2)(B)) is amended by 
        striking ``Secretary of Transportation, to represent 
        the United States Coast Guard.'' and inserting 
        ``Commandant of the Coast Guard.''.

           *       *       *       *       *       *       *

  (k) Bridges.--Section 4 of the Act of March 23, 1906, 
commonly known as the General Bridge Act of 1906 (33 U.S.C. 
[491)] 494), is amended by striking ``of Transportation'' each 
place it appears and inserting ``of Homeland Security''.

           *       *       *       *       *       *       *

  (o) Merchant Marine Act, 1920.--Section 27 of the Merchant 
Marine Act, 1920 (46 U.S.C. App. 883) is amended in the matter 
following the ninth proviso (pertaining to transportation of a 
foreign-flag incineration vessel) by striking ``Satisfactory 
inspection shall be certified in writing by the Secretary of 
Transportation'' and inserting ``Satisfactory inspection shall 
be certified, in writing, by the Secretary of Homeland 
Security[.]''.

           *       *       *       *       *       *       *

                              ----------                              

                       DEEPWATER PORT ACT OF 1974

           *       *       *       *       *       *       *
                               PROCEDURE

  Sec. 5. (a) * * *

           *       *       *       *       *       *       *

  (c)(1) * * *
  (2) Each application shall include such financial, technical, 
and other information as the Secretary deems necessary or 
appropriate. Such information shall include, but need not be 
limited to--
          (A) * * *

           *       *       *       *       *       *       *

          (K) the nation of registry for, and the nationality 
        or citizenship of officers and crew serving on board, 
        vessels transporting natural gas that are reasonably 
        anticipated to be servicing the deepwater port;

           *       *       *       *       *       *       *

                              ----------                              

                        ACT OF OCTOBER 13, 2006

                          (Public Law 109-347)

AN ACT To improve maritime and cargo security through enhanced layered 
                   defenses, and for other purposes.

           *       *       *       *       *       *       *
TITLE VII--OTHER MATTERS

           *       *       *       *       *       *       *

SEC. 705. PHASEOUT OF VESSELS SUPPORTING OIL AND GAS DEVELOPMENT.

  (a) In General.--Notwithstanding section 12105(c) of title 
46, United States Code, a foreign-flag vessel may be chartered 
by, or on behalf of, a lessee to be employed for the setting, 
relocation, or recovery of anchors or other mooring equipment 
of a mobile offshore drilling unit that is located over the 
Outer Continental Shelf (as defined in section 2(a) of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)) for 
operations in support of exploration, or flow-testing and 
stimulation of wells, for offshore mineral or energy resources 
in the Beaufort Sea or the Chukchi Sea adjacent to Alaska--
          (1) * * *
          (2) for an additional [2] 3-year period beginning 
        January 1, 2010, if the Secretary of Transportation 
        determines --
                  (A) * * *

           *       *       *       *       *       *       *

                              ----------                              

   NONINDIGENOUS AQUATIC NUISANCE PREVENTION AND CONTROL ACT OF 1990

            TITLE I--AQUATIC NUISANCE PREVENTION AND CONTROL

Subtitle A--General Provisions

           *       *       *       *       *       *       *

SEC. 1002. FINDINGS AND PURPOSES.

  (a) * * *
  (b) Declaration of Goals and Purposes.--The objective of this 
Act is to eliminate the threat and impacts of nonindigenous 
aquatic nuisance species in the waters of the United States. In 
order to achieve this objective, it is declared that, 
consistent with the provisions of this Act--
          (1) it is the national goal that ballast water 
        discharged into the waters of the United States will 
        contain no living (viable) organisms by the year 2015;
          (2) it is the national policy that the introduction 
        of nonindigenous aquatic nuisance species in the waters 
        of the United States be prohibited; and
          (3) it is the national policy that Federal, State, 
        and local governments and the private sector identify 
        the most effective ways to coordinate prevention 
        efforts, and harmonize environmentally sound methods to 
        prevent, detect, monitor, and control nonindigenous 
        aquatic nuisance species, in an expeditious manner.
  [(b)] (c) Purposes.--The purposes of this Act are--
          (1) to [prevent] eliminate unintentional introduction 
        and dispersal of nonindigenous species into waters of 
        the United States through ballast water treatment 
        management and other requirements;
          (2) to coordinate federally conducted, funded or 
        authorized research, prevention, detection, monitoring, 
        control, information dissemination and other activities 
        regarding [the zebra mussel and other] aquatic nuisance 
        species;
          (3) to develop and carry out environmentally sound 
        control methods to prevent, detect, monitor and control 
        unintentional introductions of nonindigenous species 
        [from pathways other than ballast water exchange];
          (4) to understand and minimize economic and 
        ecological impacts of nonindigenous aquatic nuisance 
        species that become established[, including the zebra 
        mussel]; and
          (5) to establish a program of research and technology 
        development and assistance to States in the prevention, 
        management, and removal of [zebra mussels] aquatic 
        nuisance species.

SEC. 1003. DEFINITIONS.

  As used in this Act, the term--
          (1) ``Administrator'' means the Administrator of the 
        Environmental Protection Agency;
          [(1)] (2) ``aquatic nuisance species'' means a 
        nonindigenous species that threatens the diversity or 
        abundance of native species or the ecological stability 
        of infested waters, or commercial, agricultural, 
        aquacultural or recreational activities dependent on 
        such waters;
          [(2)] (3) ``Assistant Secretary'' means the Assistant 
        Secretary of the Army (Civil Works);
          [(3) ``ballast water'' means any water and associated 
        sediments used to manipulate the trim and stability of 
        a vessel;]
          (4) ``ballast water'' means--
                  (A) water taken on board a vessel to control 
                trim, list, draught, stability, or stresses of 
                the vessel, including matter suspended in such 
                water; or
                  (B) any water placed into a ballast tank 
                during cleaning, maintenance, or other 
                operations;
          (5) ``ballast water capacity'' means the total 
        volumetric capacity of any tanks, spaces, or 
        compartments on a vessel that is used for carrying, 
        loading, or discharging ballast water, including any 
        multi-use tank, space, or compartment designed to allow 
        carriage of ballast water;
          (6) ``ballast water management'' means mechanical, 
        physical, chemical, and biological processes used, 
        either singularly or in combination, to remove, render 
        harmless, or avoid the uptake or discharge of harmful 
        aquatic organisms and pathogens within ballast water 
        and sediment;
          (7) ``constructed'' means a state of construction of 
        a vessel at which--
                  (A) the keel is laid;
                  (B) construction identifiable with the 
                specific vessel begins;
                  (C) assembly of the vessel has begun 
                comprising at least 50 tons or 1 percent of the 
                estimated mass of all structural material of 
                the vessel, whichever is less; or
                  (D) the vessel undergoes a major conversion;
          [(4)] (8) ``Director'' means the Director of the 
        United States Fish and Wildlife Service;
          [(5)] (9) ``exclusive economic zone'' means the 
        Exclusive Economic Zone of the United States 
        established by Proclamation Number 5030, dated March 
        10, 1983, and the equivalent zone of Canada;
          [(6)] (10) ``environmentally sound'' methods, 
        efforts, actions or programs means methods, efforts, 
        actions or programs to prevent introductions or control 
        infestations of aquatic nuisance species that minimize 
        adverse impacts to the structure and function of an 
        ecosystem and adverse effects on non-target organisms 
        and ecosystems and emphasize integrated pest management 
        techniques and nonchemical measures;
          (11) ``foreign vessel'' has the meaning such term has 
        under section 110 of title 46, United States Code;
          [(7)] (12) ``Great Lakes'' means Lake Ontario, Lake 
        Erie, Lake Huron (including Lake St. Clair), Lake 
        Michigan, Lake Superior, and the connecting channels 
        (Saint Mary's River, Saint Clair River, Detroit River, 
        Niagara River, and Saint Lawrence River to the 
        Canandian Border), and includes all other bodies of 
        water within the drainage basin of such lakes and 
        connecting channels[.];
          [(8)] (13) ``Great Lakes region'' means the 8 States 
        that border on the Great Lakes;
          [(9)] (14) ``Indian tribe'' means any Indian tribe, 
        band, nation, or other organized group or community, 
        including any Alaska Native village or regional 
        corporation (as defined in or established pursuant to 
        the Alaska Native Claims Settlement Act (43 U.S.C. 1601 
        et seq.)) that is recognized as eligible for the 
        special programs and services provided by the United 
        States to Indians because of their status as Indians;
          [(10)] (15) ``interstate organization'' means an 
        entity--
                  (A)  * * *

           *       *       *       *       *       *       *

          (16) ``major conversion'' means a conversion of a 
        vessel, that--
                  (A) changes its ballast water carrying 
                capacity by at least 15 percent;
                  (B) changes the vessel class;
                  (C) is projected to prolong the vessel's life 
                by at least 10 years (as determined by the 
                Secretary); or
                  (D) results in modifications to the vessel's 
                ballast water system, except--
                          (i) component replacement-in-kind; or
                          (ii) conversion of a vessel to meet 
                        the requirements of section 1101(e);
          [(11)] (17) ``nonindigenous species'' means any 
        species or other viable biological material that enters 
        an ecosystem beyond its historic range, including any 
        such organism transferred from one country into 
        another;
          [(12)] (18) ``Secretary'' means the Secretary of the 
        department in which the Coast Guard is operating;
          (19) ``sediment'' means matter that has settled out 
        of ballast water within a vessel;
          [(13)] (20) ``Task Force'' means the Aquatic Nuisance 
        Species Task Force established under section 1201 of 
        this Act;
          [(14)] (21) ``territorial sea'' means the belt of the 
        sea measured from the baseline of the United States 
        determined in accordance with international law, as set 
        forth in Presidential Proclamation Number 5928, dated 
        December 27, 1988;
          [(15)] (22) ``Under Secretary'' means the Under 
        Secretary of Commerce for Oceans and Atmosphere;
          [(17)] (23) ``unintentional introduction'' means an 
        introduction of nonindigenous species that occurs as 
        the result of activities other than the purposeful or 
        intentional introduction of the species involved, such 
        as the transport of nonindigenous species in ballast or 
        in water used to transport fish, mollusks or 
        crustaceans for aquaculture or other purposes[.];
          (24) ``United States port'' means a port, river, 
        harbor, or offshore terminal under the jurisdiction of 
        the United States, including ports located in Puerto 
        Rico, Guam, and the United States Virgin Islands;
          (25) ``vessel of the Armed Forces'' means--
                  (A) any vessel owned or operated by the 
                Department of Defense, other than a time or 
                voyage chartered vessel; and
                  (B) any vessel owned or operated by the 
                Department of Homeland Security that is 
                designated by the Secretary as a vessel 
                equivalent to a vessel described in 
                subparagraph (A);
          (26) ``vessel of the United States'' has the meaning 
        such term has under section 116 of title 46, United 
        States Code;
          [(16)] (27) ``waters of the United States'' means the 
        navigable waters and the territorial sea of the United 
        States; and
          (28) ``waters subject to the jurisdiction of the 
        United States'' means navigable waters and the 
        territorial sea of the United States, the exclusive 
        economic zone, and the Great Lakes.

Subtitle B--Prevention of Unintentional Introductions of Nonindigenous 
                            Aquatic Species

[SEC. 1101. AQUATIC NUISANCE SPECIES IN WATERS OF THE UNITED STATES.

  [(a) Great Lakes Guidelines.--
          [(1) In general.--Not later than 6 months after the 
        date of enactment of this Act, the Secretary shall 
        issue voluntary guidelines to prevent the introduction 
        and spread of aquatic nuisance species into the Great 
        Lakes through the exchange of ballast water of vessels 
        prior to entering those waters.
          [(2) Content of guidelines.--The guidelines issued 
        under this subsection shall--
                  [(A) ensure to the maximum extent practicable 
                that ballast water containing aquatic nuisance 
                species is not discharged into the Great Lakes;
                  [(B) protect the safety of--
                          [(i) each vessel; and
                          [(ii) the crew and passengers of each 
                        vessel;
                  [(C) take into consideration different vessel 
                operating conditions; and
                  [(D) be based on the best scientific 
                information available.
  [(b) Regulations.--
          [(1) In general.--Not later than 2 years after the 
        date of enactment of this Act, the Secretary, in 
        consultation with the Task Force, shall issue 
        regulations to prevent the introduction and spread of 
        aquatic nuisance species into the Great Lakes through 
        the ballast water of vessels.
          [(2) Content of regulations.--The regulations issued 
        under this subsection shall--
                  [(A) apply to all vessels equipped with 
                ballast water tanks that enter a United States 
                port on the Great Lakes after operating on the 
                waters beyond the exclusive economic zone;
                  [(B) require a vessel to--
                          [(i) carry out exchange of ballast 
                        water on the waters beyond the 
                        exclusive economic zone prior to entry 
                        into any port within the Great Lakes;
                          [(ii) carry out an exchange of 
                        ballast water in other waters where the 
                        exchange does not pose a threat of 
                        infestation or spread of aquatic 
                        nuisance species in the Great Lakes and 
                        other waters of the United States, as 
                        recommended by the Task Force under 
                        section 1102(a)(1); or
                          [(iii) use environmentally sound 
                        alternative ballast water management 
                        methods if the Secretary determines 
                        that such alternative methods are as 
                        effective as ballast water exchange in 
                        preventing and controlling infestations 
                        of aquatic nuisance species;
                  [(C) not affect or supersede any requirements 
                or prohibitions pertaining to the discharge of 
                ballast water into waters of the United States 
                under the Federal Water Pollution Control Act 
                (33 U.S.C. 1251 et seq.);
                  [(D) provide for sampling procedures to 
                monitor compliance with the requirements of the 
                regulations;
                  [(E) prohibit the operation of a vessel in 
                the Great Lakes if the master of the vessel has 
                not certified to the Secretary or the 
                Secretary's designee by not later than the 
                departure of that vessel from the first lock in 
                the St. Lawrence Seaway that the vessel has 
                complied with the requirements of the 
                regulations;
                  [(F) protect the safety of--
                          [(i) each vessel; and
                          [(ii) the crew and passengers of each 
                        vessel;
                  [(G) take into consideration different 
                operating conditions; and
                  [(H) be based on the best scientific 
                information available.
          [(3) Additional regulations.--In addition to 
        promulgating regulations under paragraph (1), the 
        Secretary, in consultation with the Task Force, shall, 
        not later than November 4, 1994, issue regulations to 
        prevent the introduction and spread of aquatic nuisance 
        species into the Great Lakes through ballast water 
        carried on vessels that enter a United States port on 
        the Hudson River north of the George Washington Bridge.
          [(4) Education and technical assistance programs.--
        The Secretary may carry out education and technical 
        assistance programs and other measures to promote 
        compliance with the regulations issued under this 
        subsection.
  [(c) Voluntary National Guidelines.--
          [(1) In general.--Not later than 1 year after the 
        date of enactment of the National Invasive Species Act 
        of 1996, and after providing notice and an opportunity 
        for public comment, the Secretary shall issue voluntary 
        guidelines to prevent the introduction and spread of 
        nonindigenous species in waters of the United States by 
        ballast water operations and other operations of 
        vessels equipped with ballast water tanks.
          [(2) Content of guidelines.--The voluntary guidelines 
        issued under this subsection shall--
                  [(A) ensure to the maximum extent practicable 
                that aquatic nuisance species are not 
                discharged into waters of the United States 
                from vessels;
                  [(B) apply to all vessels equipped with 
                ballast water tanks that operate in waters of 
                the United States;
                  [(C) protect the safety of--
                          [(i) each vessel; and
                          [(ii) the crew and passengers of each 
                        vessel;
                  [(D) direct a vessel that is carrying ballast 
                water into waters of the United States after 
                operating beyond the exclusive economic zone 
                to--
                          [(i) carry out the exchange of 
                        ballast water of the vessel in waters 
                        beyond the exclusive economic zone;
                          [(ii) exchange the ballast water of 
                        the vessel in other waters where the 
                        exchange does not pose a threat of 
                        infestation or spread of nonindigenous 
                        species in waters of the United States, 
                        as recommended by the Task Force under 
                        section 1102(a)(1); or
                          [(iii) use environmentally sound 
                        alternative ballast water management 
                        methods, including modification of the 
                        vessel ballast water tanks and intake 
                        systems, if the Secretary determines 
                        that such alternative methods are at 
                        least as effective as ballast water 
                        exchange in preventing and controlling 
                        infestations of aquatic nuisance 
                        species;
                  [(E) direct vessels to carry out management 
                practices that the Secretary determines to be 
                necessary to reduce the probability of 
                unintentional nonindigenous species transfer 
                resulting from--
                          [(i) ship operations other than 
                        ballast water discharge; and
                          [(ii) ballasting practices of vessels 
                        that enter waters of the United States 
                        with no ballast water on board;
                  [(F) provide for the keeping of records that 
                shall be submitted to the Secretary, as 
                prescribed by the guidelines, and that shall be 
                maintained on board each vessel and made 
                available for inspection, upon request of the 
                Secretary and in a manner consistent with 
                subsection (i), in order to enable the 
                Secretary to determine compliance with the 
                guidelines, including--
                          [(i) with respect to each ballast 
                        water exchange referred to in clause 
                        (ii), reporting on the precise location 
                        and thoroughness of the exchange; and
                          [(ii) any other information that the 
                        Secretary considers necessary to assess 
                        the rate of effective compliance with 
                        the guidelines;
                  [(G) provide for sampling procedures to 
                monitor compliance with the guidelines;
                  [(H) take into consideration--
                          [(i) vessel types;
                          [(ii) variations in the 
                        characteristics of point of origin and 
                        receiving water bodies;
                          [(iii) variations in the ecological 
                        conditions of waters and coastal areas 
                        of the United States; and
                          [(iv) different operating conditions;
                  [(I) be based on the best scientific 
                information available;
                  [(J) not affect or supersede any requirements 
                or prohibitions pertaining to the discharge of 
                ballast water into waters of the United States 
                under the Federal Water Pollution Control Act 
                (33 U.S.C. 1251 et seq.); and
                  [(K) provide an exemption from ballast water 
                exchange requirements to passenger vessels with 
                operating ballast water systems that are 
                equipped with treatment systems designed to 
                kill aquatic organisms in ballast water, unless 
                the Secretary determines that such treatment 
                systems are less effective than ballast water 
                exchange at reducing the risk of transfers of 
                invasive species in the ballast water of 
                passenger vessels; and
                  [(L) not apply to crude oil tankers engaged 
                in the coastwise trade.
          [(3) Education and technical assistance programs.--
        Not later than 1 year after the date of enactment of 
        the National Invasive Species Act of 1996, the 
        Secretary shall carry out education and technical 
        assistance programs and other measures to encourage 
        compliance with the guidelines issued under this 
        subsection.
  [(d) Report to Congress.--Not sooner than 24 months after the 
date of issuance of guidelines pursuant to subsection (c) and 
not later than 30 months after such date, and after 
consultation with interested and affected persons, the 
Secretary shall prepare and submit to Congress a report 
containing the information required pursuant to paragraphs (1) 
and (2) of subsection (e).
  [(e) Periodic Review and Revision.--
          [(1) In general.--Not later than 3 years after the 
        date of issuance of guidelines pursuant to subsection 
        (c), and not less frequently than every 3 years 
        thereafter, the Secretary shall, in accordance with 
        criteria developed by the Task Force under paragraph 
        (3)--
                  [(A) assess the compliance by vessels with 
                the voluntary guidelines issued under 
                subsection (c) and the regulations promulgated 
                under this Act;
                  [(B) establish the rate of compliance that is 
                based on the assessment under subparagraph (A);
                  [(C) assess the effectiveness of the 
                voluntary guidelines and regulations referred 
                to in subparagraph (A) in reducing the 
                introduction and spread of aquatic nuisance 
                species by vessels; and
                  [(D) as necessary, on the basis of the best 
                scientific information available--
                          [(i) revise the guidelines and 
                        regulations referred to in subparagraph 
                        (A);
                          [(ii) promulgate additional 
                        regulations pursuant to subsection 
                        (f)(1); or
                          [(iii) carry out each of clauses (i) 
                        and (ii).
          [(2) Special review and revision.--Not later than 90 
        days after the Task Force makes a request to the 
        Secretary for a special review and revision for coastal 
        and inland waterways designated by the Task Force, the 
        Secretary shall--
                  [(A) conduct a special review of guidelines 
                and regulations applicable to those waterways 
                in accordance with the review procedures under 
                paragraph (1); and
                  [(B) as necessary, in the same manner as 
                provided under paragraph (1)(D)--
                          [(i) revise those guidelines;
                          [(ii) promulgate additional 
                        regulations pursuant to subsection 
                        (f)(1); or
                          [(iii) carry out each of clauses (i) 
                        and (ii).
          [(3) Criteria for effectiveness.--Not later than 18 
        months after the date of enactment of the National 
        Invasive Species Act of 1996, the Task Force shall 
        submit to the Secretary criteria for determining the 
        adequacy and effectiveness of the voluntary guidelines 
        issued under subsection (c).
  [(f) Authority of Secretary.--
          [(1) General regulations.--If, on the basis of a 
        periodic review conducted under subsection (e)(1) or a 
        special review conducted under subsection (e)(2), the 
        Secretary determines that--
                  [(A) the rate of effective compliance (as 
                determined by the Secretary) with the 
                guidelines issued pursuant to subsection (c) is 
                inadequate; or
                  [(B) the reporting by vessels pursuant to 
                those guidelines is not adequate for the 
                Secretary to assess the compliance with those 
                guidelines and provide a rate of compliance of 
                vessels, including the assessment of the rate 
                of compliance of vessels under subsection 
                (e)(2),
        the Secretary shall promptly promulgate regulations 
        that meet the requirements of paragraph (2).
          [(2) Requirements for regulations.--The regulations 
        promulgated by the Secretary under paragraph (1)--
                  [(A) shall--
                          [(i) not be promulgated sooner than 
                        180 days following the issuance of the 
                        report to Congress submitted pursuant 
                        to subsection (d);
                          [(ii) make mandatory the requirements 
                        included in the voluntary guidelines 
                        issued under subsection (c); and
                          [(iii) provide for the enforcement of 
                        the regula-tions; and
                  [(B) may be regional in scope.
          [(3) International regulations.--The Secretary shall 
        revise regulations promulgated under this subsection to 
        the extent required to make such regulations consistent 
        with the treatment of a particular matter in any 
        international agreement, agreed to by the United 
        States, governing management of the transfer of 
        nonindigenous aquatic species by vessel.
  [(g) Sanctions.--
          [(1) Civil penalties.--Any person who violates a 
        regulation promulgated under subsection (b) or (f) 
        shall be liable for a civil penalty in an amount not to 
        exceed $25,000. Each day of a continuing violation 
        constitutes a separate violation. A vessel operated in 
        violation of the regulations is liable in rem for any 
        civil penalty assessed under this subsection for that 
        violation.
          [(2) Criminal penalties.--Any person who knowingly 
        violates the regulations promulgated under subsection 
        (b) or (f) is guilty of a class C felony.
          [(3) Revocation of clearance.--Upon request of the 
        Secretary, the Secretary of the Treasury shall withhold 
        or revoke the clearance of a vessel required by section 
        4197 of the Revised Statutes (46 U.S.C. App. 91), if 
        the owner or operator of that vessel is in violation of 
        the regulations issued under subsection (b) or (f).
          [(4) Exception to sanctions.--This subsection does 
        not apply to a failure to exchange ballast water if--
                  [(A) the master of a vessel, acting in good 
                faith, decides that the exchange of ballast 
                water will threaten the safety or stability of 
                the vessel, its crew, or its passengers; and
                  [(B) the recordkeeping and reporting 
                requirements of the Act are complied with.
  [(h) Coordination With Other Agencies.--In carrying out the 
programs under this section, the Secretary is encouraged to 
use, to the maximum extent practicable, the expertise, 
facilities, members, or personnel of established agencies and 
organizations that have routine contact with vessels, including 
the Animal and Plant Health Inspection Service of the 
Department of Agriculture, the National Cargo Bureau, port 
administrations, and ship pilots' associations.
  [(i) Consultation With Canada, Mexico, and Other Foreign 
Governments.--In developing the guidelines issued and 
regulations promulgated under this section, the Secretary is 
encouraged to consult with the Government of Canada, the 
Government of Mexico, and any other government of a foreign 
country that the Secretary, in consultation with the Task 
Force, determines to be necessary to develop and implement an 
effective international program for preventing the 
unintentional introduction and spread of nonindigenous species.
  [(j) International Cooperation.--The Secretary, in 
cooperation with the International Maritime Organization of the 
United Nations and the Commission on Environmental Cooperation 
established pursuant to the North American Free Trade 
Agreement, is encouraged to enter into negotiations with the 
governments of foreign countries to develop and implement an 
effective international program for preventing the 
unintentional introduction and spread of nonindigenous species.
  [(k) Safety Exemption.--
          [(1) Master discretion.--The master of a vessel is 
        not required to conduct a ballast water exchange if the 
        master decides that the exchange would threaten the 
        safety or stability of the vessel, its crew, or its 
        passengers because of adverse weather, vessel 
        architectural design, equipment failure, or any other 
        extraordinary conditions.
          [(2) Other requirements.--(A) In general.--Except as 
        provided in subparagraph (B), a vessel that does not 
        exchange ballast water on the high seas under paragraph 
        (1) shall not be restricted from discharging ballast 
        water in any harbor.
          [(B) Great lakes.--Subparagraph (A) shall not apply 
        in a case in which a vessel is subject to the 
        regulations issued by the Secretary under subsection 
        (b).
          [(3) Crude oil tanker ballast facility study.--(A) 
        Within 60 days of the date of enactment of this Act, 
        the Secretary of the department in which the Coast 
        Guard is operating, in consultation with the Under 
        Secretary of Commerce for Oceans and Atmosphere, 
        affected shoreside ballast water facility operators, 
        affected crude oil tanker operators, and interested 
        parties, shall initiate a study of the effectiveness of 
        existing shoreside ballast water facilities used by 
        crude oil tankers in the coastwise trade off Alaska in 
        preventing the introduction of nonindigenous aquatic 
        species into the waters off Alaska, as well as the cost 
        and feasibility of modifying such facilities to improve 
        such effectiveness.
          [(B) The study required under subparagraph (A) shall 
        be submitted to the Congress by no later than October 
        1, 1997.
  [(l) Non-discrimination.--The Secretary shall ensure that 
vessels registered outside of the United States do not receive 
more favorable treatment than vessels registered in the United 
States when the Secretary performs studies, reviews compliance, 
determines effectiveness, establishes requirements, or performs 
any other responsibilities under this Act.]

SEC. 1101. BALLAST WATER MANAGEMENT.

  (a) Vessels to Which This Section Applies.--
          (1) In general.--Except as provided in paragraphs 
        (2), (3), (4), and (5), this section applies to a 
        vessel that--
                  (A) is designed, constructed, or adapted to 
                carry ballast water; and
                  (B)(i) is a vessel of the United States; or
                  (ii) is a foreign vessel that--
                          (I) is en route to a United States 
                        port or place; or
                          (II) has departed from a United 
                        States port or place and is within 
                        waters subject to the jurisdiction of 
                        the United States.
          (2) Permanent ballast water vessels.--This section 
        does not apply to a vessel that carries all of its 
        permanent ballast water in sealed tanks that are not 
        subject to discharge.
          (3) Armed forces vessels.--
                  (A) Exemption.--Except as provided in 
                subparagraph (B), this section does not apply 
                to a vessel of the Armed Forces.
                  (B) Ballast water management program.--The 
                Secretary and the Secretary of Defense, after 
                consultation with each other and with the Under 
                Secretary and the heads of other appropriate 
                Federal agencies as determined by the 
                Secretary, shall implement a ballast water 
                management program, including the issuance of 
                standards for ballast water exchange and 
                treatment and for sediment management, for 
                vessels of the Armed Forces under their 
                respective jurisdictions designed, constructed, 
                or adapted to carry ballast water that are--
                          (i) consistent with the requirements 
                        of this section, including the 
                        deadlines established by this section; 
                        and
                          (ii) at least as stringent as the 
                        requirements issued for such vessels 
                        under section 312 of the Federal Water 
                        Pollution Control Act (33 U.S.C. 1322).
          (4) Special rule for small recreational vessels.--In 
        applying this section to recreational vessels less than 
        50 meters in length that have a maximum ballast water 
        capacity of 8 cubic meters, the Secretary may issue 
        alternative measures for managing ballast water in a 
        manner that is consistent with the requirements of this 
        section.
          (5) Marad vessels.--Subsection (f) does not apply to 
        any vessel in the National Defense Reserve Fleet that 
        is scheduled to be disposed of through scrapping or 
        sinking.
  (b) Uptake and Discharge of Ballast Water or Sediment.--
          (1) Prohibition.--The operator of a vessel to which 
        this section applies may not conduct the uptake or 
        discharge of ballast water or sediment in waters 
        subject to the jurisdiction of the United States except 
        as provided in this section.
          (2) Exceptions.--Paragraph (1) does not apply to the 
        uptake or discharge of ballast water or sediment in the 
        following circumstances:
                  (A) The uptake or discharge is solely for the 
                purpose of--
                          (i) ensuring the safety of the vessel 
                        in an emergency situation; or
                          (ii) saving a life at sea.
                  (B) The uptake or discharge is accidental and 
                the result of damage to the vessel or its 
                equipment and--
                          (i) all reasonable precautions to 
                        prevent or minimize ballast water and 
                        sediment discharge have been taken 
                        before and after the damage occurs, the 
                        discovery of the damage, and the 
                        discharge; and
                          (ii) the owner or officer in charge 
                        of the vessel did not willfully or 
                        recklessly cause the damage.
                  (C) The uptake or discharge is solely for the 
                purpose of avoiding or minimizing the discharge 
                from the vessel of pollution that would 
                otherwise violate applicable Federal or State 
                law.
                  (D) The uptake or discharge of ballast water 
                and sediment occurs at the same location where 
                the whole of that ballast water and that 
                sediment originated and there is no mixing with 
                ballast water and sediment from another area 
                that has not been managed in accordance with 
                the requirements of this section.
  (c) Vessel Ballast Water Management Plan.--
          (1) In general.--The operator of a vessel to which 
        this section applies shall conduct all ballast water 
        management operations of that vessel in accordance with 
        a ballast water management plan designed to minimize 
        the discharge of aquatic nuisance species that--
                  (A) meets the requirements prescribed by the 
                Secretary by regulation; and
                  (B) is approved by the Secretary.
          (2) Approval criteria.--
                  (A) In general.--The Secretary may not 
                approve a ballast water management plan unless 
                the Secretary determines that the plan--
                          (i) describes in detail the actions 
                        to be taken to implement the ballast 
                        water management requirements 
                        established under this section;
                          (ii) describes in detail the 
                        procedures to be used for disposal of 
                        sediment at sea and on shore in 
                        accordance with the requirements of 
                        this section;
                          (iii) describes in detail safety 
                        procedures for the vessel and crew 
                        associated with ballast water 
                        management;
                          (iv) designates the officer on board 
                        the vessel in charge of ensuring that 
                        the plan is properly implemented;
                          (v) contains the reporting 
                        requirements for vessels established 
                        under this section and a copy of each 
                        form necessary to meet those 
                        requirements; and
                          (vi) meets all other requirements 
                        prescribed by the Secretary.
                  (B) Foreign vessels.--The Secretary may 
                approve a ballast water management plan for a 
                foreign vessel on the basis of a certificate of 
                compliance with the criteria described in 
                subparagraph (A) issued by the vessel's country 
                of registration in accordance with regulations 
                issued by the Secretary.
          (3) Copy of plan on board vessel.--The owner or 
        operator of a vessel to which this section applies 
        shall--
                  (A) maintain a copy of the vessel's ballast 
                water management plan on board at all times; 
                and
                  (B) keep the plan readily available for 
                examination by the Secretary and the head of 
                the appropriate agency of the State in which 
                the vessel is located at all reasonable times.
  (d) Vessel Ballast Water Record Book.--
          (1) In general.--The owner or operator of a vessel to 
        which this section applies shall maintain, in English 
        on board the vessel, a ballast water record book in 
        which each operation of the vessel involving ballast 
        water or sediment discharge is recorded in accordance 
        with regulations issued by the Secretary.
          (2) Availability.--The ballast water record book--
                  (A) shall be kept readily available for 
                examination by the Secretary and the head of 
                the appropriate agency of the State in which 
                the vessel is located at all reasonable times; 
                and
                  (B) notwithstanding paragraph (1), may be 
                kept on the towing vessel in the case of an 
                unmanned vessel under tow.
          (3) Retention period.--The ballast water record book 
        shall be retained--
                  (A) on board the vessel for a period of 3 
                years after the date on which the last entry in 
                the book is made; and
                  (B) under the control of the vessel's owner 
                for an additional period of 3 years.
          (4) Regulations.--In the regulations issued under 
        this section, the Secretary shall require, at a 
        minimum, that--
                  (A) each entry in the ballast water record 
                book be signed and dated by the officer in 
                charge of the ballast water operation recorded;
                  (B) each completed page in the ballast water 
                record book be signed and dated by the master 
                of the vessel; and
                  (C) the owner or operator of the vessel 
                transmit such information to the Secretary 
                regarding the ballast operations of the vessel 
                as the Secretary may require.
          (5) Alternative means of recordkeeping.--The 
        Secretary may provide, by regulation, for alternative 
        methods of recordkeeping, including electronic 
        recordkeeping, to comply with the requirements of this 
        subsection. Any electronic recordkeeping method 
        authorized by the Secretary shall support the 
        inspection and enforcement provisions of this Act and 
        shall comply with applicable standards of the National 
        Institute of Standards and Technology and the Office of 
        Management and Budget governing reliability, integrity, 
        identity authentication, and nonrepudiation of stored 
        electronic data.
  (e) Ballast Water Exchange Requirements.--
          (1) In general.--
                  (A) Requirement.--Until a vessel is required 
                to conduct ballast water treatment in 
                accordance with subsection (f), the operator of 
                a vessel to which this section applies may not 
                discharge ballast water in waters subject to 
                the jurisdiction of the United States, except 
                after--
                          (i) conducting ballast water exchange 
                        as required by this subsection, in 
                        accordance with regulations issued by 
                        the Secretary;
                          (ii) using ballast water treatment 
                        technology that meets the performance 
                        standards of subsection (f); or
                          (iii) using environmentally sound 
                        alternative ballast water treatment 
                        technology if the Secretary determines 
                        that such treatment technology is at 
                        least as effective as the ballast water 
                        exchange required by clause (i) in 
                        preventing and controlling the 
                        introduction of aquatic nuisance 
                        species.
                  (B) Technology efficacy.--For purposes of 
                this paragraph, a ballast water treatment 
                technology shall be considered to be at least 
                as effective as the ballast water exchange 
                required by clause (i) in preventing and 
                controlling the introduction of aquatice 
                nuisance species if preliminary experiments 
                prior to installation of the technology aboard 
                the vessel demonstrate that the technology 
                removed or killed at least 98 percent of 
                organisms larger than 50 microns.
          (2) Guidance; 5-year usage.--
                  (A) Guidance.--Not later than one year after 
                the date of enactment of the Ballast Water 
                Treatment Act of 2007, the Secretary shall 
                develop and issue guidance on technology that 
                may be used under paragraph (1)(A)(iii).
                  (B) 5-year usage.--The Secretary shall allow 
                a vessel using environmentally-sound 
                alternative ballast treatment technology under 
                paragraph (1)(A)(iii) to continue to use that 
                technology for 5 years after the date on which 
                the environmentally-sound alternative ballast 
                water treatment technology was first placed in 
                service on the vessel or the date on which 
                treatment requirements under subsection (f) 
                become applicable, whichever is later.
          (3) Exchange areas.--
                  (A) Vessels outside the united states eez.--
                The operator of a vessel en route to a United 
                States port or place from a port or place 
                outside the waters subject to the jurisdiction 
                of the United States shall conduct ballast 
                water exchange--
                          (i) before arriving at a United 
                        States port or place;
                          (ii) at least 200 nautical miles from 
                        the nearest point of land; and
                          (iii) in water at least 200 meters in 
                        depth.
                  (B) Coastal voyages.--The operator of a 
                vessel originating from a port or place within 
                the United States exclusive economic zone, or 
                from a port within 200 nautical miles of the 
                United States in Canada, Mexico, or other ports 
                designated by the Secretary for purposes of 
                this section, shall conduct ballast water 
                exchange--
                          (i) at least 50 nautical miles from 
                        the nearest point of land; and
                          (ii) in water at least 200 meters in 
                        depth.
          (4) Safety or stability exception.--
                  (A) Secretarial determination.--Paragraph (3) 
                does not apply to the discharge of ballast 
                water if the Secretary determines that 
                compliance with that paragraph would threaten 
                the safety or stability of the vessel, its 
                crew, or is passengers.
                  (B) Master of the vessel determination.--
                Paragraph (3) does not apply to the discharge 
                of ballast water if the master of a vessel 
                determines that compliance with that paragraph 
                would threaten the safety or stability of the 
                vessel, its crew, or its passengers because of 
                adverse weather, equipment failure, or any 
                other relevant condition.
                  (C) Notification required.--Whenever the 
                master of a vessel is unable to comply with the 
                requirements of paragraph (3) because of a 
                determination made under subparagraph (B), the 
                master of the vessel shall--
                          (i) notify the Secretary as soon as 
                        practicable thereafter but no later 
                        than 24 hours after making that 
                        determination and shall ensure that the 
                        determination, the reasons for the 
                        determination, and the notice are 
                        recorded in the vessel's ballast water 
                        record book; and
                          (ii) undertake ballast water exchange 
                        in accordance with paragraph (6) if 
                        safety or stability concerns prevent 
                        undertaking ballast water exchange in 
                        the alternative area.
                  (D) Review of circumstances.--If the master 
                of a vessel conducts a ballast water discharge 
                under the provisions of this paragraph, the 
                Secretary shall review the circumstances to 
                determine whether the discharge met the 
                requirements of this paragraph. The review 
                under this clause shall be in addition to any 
                other enforcement authority of the Secretary.
          (5) Discharge under waiver.--
                  (A) Substantial business hardship waiver.--
                If, because of the short length of a voyage, 
                the operator of a vessel is unable to discharge 
                ballast water in accordance with the 
                requirements of paragraph (3)(B) without 
                substantial business hardship, as determined 
                under regulations issued by the Secretary, the 
                operator may request a waiver from the 
                Secretary and discharge the ballast water in 
                accordance with paragraph (6). A request for a 
                waiver under this subparagraph shall be 
                submitted to the Secretary at such time and in 
                such form and manner as the Secretary may 
                require.
                  (B) Substantial business hardship.--For 
                purposes of subparagraph (A), the factors taken 
                into account in determining substantial 
                business hardship shall include whether--
                          (i) compliance with the requirements 
                        of paragraph (3)(B) would require a 
                        sufficiently great change in routing or 
                        scheduling of service as to compromise 
                        the economic or commercial viability of 
                        the trade or business in which the 
                        vessel is operated; or
                          (ii) it is reasonable to expect that 
                        the trade or business or service 
                        provided will be continued only if a 
                        waiver is granted under subparagraph 
                        (A).
          (6) Permissible discharge.--
                  (A) In general.--The discharge of ballast 
                water shall be considered to be carried out in 
                accordance with this paragraph if it is--
                          (i) in an area designated for that 
                        purpose by the Secretary, after 
                        consultation with the Under Secretary, 
                        the heads of other appropriate Federal 
                        agencies as determined by the 
                        Secretary, and representatives of any 
                        State that may be affected by discharge 
                        of ballast water in that area; or
                          (ii) into a reception facility 
                        described in subsection (f)(2).
                  (B) Limitation on volume.--The volume of any 
                ballast water discharged under this paragraph 
                may not exceed the volume necessary to ensure 
                the safe operation of the vessel.
          (7) Certain geographically limited routes.--
        Notwithstanding paragraph (1), the operator of a vessel 
        is not required to comply with the requirements of this 
        subsection--
                  (A) if the vessel operates exclusively--
                          (i) within the Great Lakes; or
                          (ii) between or among the main group 
                        of the Hawaiian Islands; or
                  (B) if the vessel operates exclusively within 
                any area with respect to which the Secretary 
                has determined, after consultation with the 
                Under Secretary, the Administrator, and 
                representatives of States the waters of which 
                would be affected by the discharge of ballast 
                water from the vessel, that the risk of 
                introducing aquatic nuisance species through 
                ballast water discharge in the areas in which 
                the vessel operates is insignificant.
          (8) Marine sanctuaries and other prohibited areas.--A 
        vessel may not conduct ballast water exchange or 
        discharge ballast water under this subsection--
                  (A) within a national marine sanctuary 
                designated under of the National Marine 
                Sanctuaries Act (16 U.S.C. 1431 et seq.);
                  (B) in waters that are approved by the 
                Administrator as a nondischarge zone under 
                section 312(n)(7) of the Federal Water 
                Pollution Control Act (33 U.S.C. 1322(n)(7)); 
                or
                  (C) in any other waters designated by the 
                Secretary, in consultation with the Under 
                Secretary and the Administrator.
          (9) Vessels without pumpable ballast water.--
                  (A) Applicability of requirements.--Ballast 
                water exchange requirements under this 
                subsection shall apply to vessels that are 
                equipped with ballast water tanks and that 
                enter a port of the United States without 
                pumpable ballast water.
                  (B) Regulations.--The Secretary shall issue 
                regulations, not later than 180 days after the 
                date of enactment of the Ballast Water 
                Treatment Act of 2007, that are intended to 
                minimize the introduction of nuisance species 
                from vessels that enter the navigable waters 
                without pumpable ballast water, including the 
                requirements that apply under subparagraph (A), 
                and that are at least as stringent as the 
                regulations in effect on the date of enactment 
                such Act.
                  (C) Application of existing regulations.--The 
                regulations issued by the Secretary under this 
                section, as such regulations were in effect on 
                the day before the date of enactment of the 
                Ballast Water Treatment Act of 2007, shall 
                continue to apply to vessels without pumpable 
                ballast water entering or operating on the 
                navigable waters until the earlier of--
                          (i) the date on which such vessels 
                        are required to conduct ballast water 
                        treatment, in accordance with the 
                        requirements of subsection (f); or
                          (ii) the effective date of final 
                        regulations required under this 
                        paragraph.
  (f) Ballast Water Treatment Requirements.--
          (1) Performance standards.--A vessel to which this 
        section applies shall conduct ballast water treatment 
        in accordance with the requirements of this subsection 
        before discharging ballast water in waters subject to 
        the jurisdiction of the United States so that the 
        ballast water discharged will contain--
                  (A) less than 1 living organism per 10 cubic 
                meters that is 50 or more micrometers in 
                minimum dimension;
                  (B) less than 1 living organism per 10 
                milliliters that is less than 50 micrometers in 
                minimum dimension and more than 10 micrometers 
                in minimum dimension;
                  (C) concentrations of indicator microbes that 
                are less than--
                          (i) 1 colony-forming unit of 
                        toxicogenic Vibrio cholera (serotypes 
                        O1 and O139) per 100 milliliters or 
                        less than 1 colony-forming unit of that 
                        microbe per gram of wet weight of 
                        zoological samples;
                          (ii) 126 colony-forming units of 
                        escherichia coli per 100 milliliters; 
                        and
                          (iii) 33 colony-forming units of 
                        intestinal enterococci per 100 
                        milliliters; and
                  (D) concentrations of such additional 
                indicator microbes as may be specified in 
                regulations issued by the Secretary, after 
                consultation with other appropriate Federal 
                agencies as determined by the Secretary, that 
                are less than the amount specified in those 
                regulations.
          (2) Reception facility exception.--
                  (A) In general.--Paragraph (1) does not apply 
                to a vessel that discharges ballast water 
                into--
                          (i) a land-based facility for the 
                        reception of ballast water that meets 
                        standards issued by the Administrator; 
                        or
                          (ii) a water-based facility for the 
                        reception of ballast water that meets 
                        standards issued by the Secretary.
                  (B) Issuance of standards.--Not later than 
                one year after the date of enactment of the 
                Ballast Water Treatment Act of 2007, the 
                Secretary, in consultation with the heads of 
                other appropriate Federal agencies as 
                determined by the Secretary, shall issue 
                standards for--
                          (i) the reception of ballast water in 
                        land-based and water-based reception 
                        facilities; and
                          (ii) the disposal or treatment of 
                        such ballast water in a way that does 
                        not impair or damage the environment, 
                        human health, property, or resources.
          (3) Treatment system implementation.--Paragraph (1) 
        applies to a vessel to which this section applies 
        beginning on the date of the first dry-docking of the 
        vessel after December 31, 2008, but not later than 
        December 31, 2013.
          (4) Treatment system approval required.--The operator 
        of a vessel to which this section applies may not use a 
        ballast water treatment system to comply with the 
        requirements of this subsection unless the system is 
        approved by the Secretary. The Secretary shall issue 
        regulations establishing a process for such approval, 
        after consultation with the heads of other appropriate 
        Federal agencies as determined by the Secretary.
          (5) Reliance on certain reports, documents, and 
        records.--In approving a ballast water treatment system 
        under this subsection, the Secretary may rely on 
        reports, documents, and records of persons that meet 
        such requirements as the Secretary may prescribe.
          (6) Feasibility review.--
                  (A) Requirement to review.--The Secretary 
                shall periodically conduct a review to 
                determine whether appropriate technologies are 
                available to achieve the standards set forth in 
                paragraph (1). In reviewing technologies under 
                this subparagraph, the Secretary, after 
                consultation with the heads of other 
                appropriate Federal agencies as determined by 
                the Secretary, shall consider--
                          (i) the effectiveness of a technology 
                        in achieving the standards;
                          (ii) feasibility in terms of 
                        compatibility with ship design and 
                        operations;
                          (iii) safety considerations;
                          (iv) whether a technology has an 
                        adverse impact on the environment; and
                          (v) cost effectiveness.
                  (B) Deadlines.--The Secretary shall--
                          (i) complete an initial review of 
                        technologies under subparagraph (A) 
                        within 12 months after the date of the 
                        enactment of the Ballast Water 
                        Treatment Act of 2007; and
                          (ii) carry out subsequent reviews of 
                        technologies under subparagraph (A) no 
                        later than 24 months after the date 
                        that the previous review was completed.
                  (C) Delay in scheduled application.--If the 
                Secretary determines, on the basis of the 
                initial review or any subsequent review 
                conducted under this paragraph, that compliance 
                with the standards set forth in paragraph (1) 
                is not feasible for any class of vessels, the 
                Secretary shall--
                          (i) delay the date on which such 
                        standards apply to that class of 
                        vessels for a period of not more than 
                        24 months; and
                          (ii) recommend action to ensure such 
                        compliance in accordance with the 
                        revised implementation schedule for 
                        that class of vessels by the date 
                        established under clause (i).
          (7) Delay of application for vessel participating in 
        promising technology evaluations.--
                  (A) In general.--If a vessel participates in 
                a program, including the Shipboard Technology 
                Evaluation Program established under section 
                1104, using a technology approved by the 
                Secretary to test and evaluate promising 
                ballast water treatment technologies that are 
                likely to result in treatment technologies 
                achieving a standard that is the same as or 
                more stringent than the standard that applies 
                under paragraph (1) before the first date on 
                which paragraph (1) applies to that vessel, the 
                Secretary shall allow the vessel to use that 
                technology for a 10-year period and such vessel 
                shall be deemed to be in compliance with the 
                requirements of paragraph (1) during that 10-
                year period.
                  (B) Vessel diversity.--The Secretary--
                          (i) shall seek to ensure that a wide 
                        variety of vessel types and voyages are 
                        included in the program; but
                          (ii) may not grant a delay under this 
                        paragraph to more than 5 percent of the 
                        vessels to which this section applies.
                  (C) Termination of grace period.--The 
                Secretary may terminate the 10-year grace 
                period of a vessel under subparagraph (A) if--
                          (i) the participation of the vessel 
                        in the program is terminated without 
                        the consent of the Secretary;
                          (ii) the vessel does not comply with 
                        manufacturer's standards for operating 
                        the ballast water treatment technology 
                        used on such vessel; or
                          (iii) the Secretary determines that 
                        the approved technology is 
                        insufficiently effective or is causing 
                        harm to the environment.
          (8) Review of standards.--
                  (A) In general.--In December 2012 and every 
                third year thereafter, the Secretary shall 
                complete review of ballast water treatment 
                standards in effect under this subsection to 
                determine, after consultation with the 
                Administrator and the heads of other 
                appropriate Federal agencies determined by the 
                Secretary, if the standards under this 
                subsection should be revised to reduce the 
                amount of organisms or microbes allowed to be 
                discharged, taking into account improvements in 
                the scientific understanding of biological 
                processes leading to the spread of aquatic 
                nuisance species and improvements in ballast 
                water treatment technology. The Secretary shall 
                revise, by regulation, the requirements of this 
                subsection as necessary.
                  (B) Application of adjusted standards.--In 
                the regulations, the Secretary shall provide 
                for the prospective application of the adjusted 
                standards issued under this paragraph to 
                vessels constructed after the date on which the 
                adjusted standards apply and for an orderly 
                phase-in of the adjusted standards to existing 
                vessels.
          (9) High-risk vessels.--
                  (A) Vessel list.--Not later than one year 
                after the date of enactment of the Ballast 
                Water Treatment Act of 2007, the Secretary 
                shall publish and regularly update a list of 
                vessels identified by the States that, due to 
                factors such as the origin of their voyages, 
                the frequency of their voyages, the volume of 
                ballast water they carry, the biological makeup 
                of the ballast water, and the fact that they 
                frequently discharge ballast water under an 
                exception to subsection (e), pose a high risk 
                of introducing aquatic nuisance species into 
                the waters of those States.
                  (B) Incentive programs.--The Secretary shall 
                give priority to vessels on the list for 
                participation in a program described in 
                paragraph (7). Any Federal agency, and any 
                State agency with respect to vessels identified 
                by such State to the Secretary for inclusion on 
                a list under subparagraph (A), may develop and 
                implement technology development programs or 
                other incentives (whether positive or negative) 
                in order to encourage the adoption of ballast 
                water treatment technology by those vessels 
                consistent with the requirements of this 
                section on an expedited basis.
          (10) Nonapplicability of vessels operating 
        exclusively in determined area.--
                  (A) In general.--Except as provided in 
                subparagraph (D), paragraph (1) does not apply 
                to a vessel that operates exclusively within an 
                area if the Secretary has determined through a 
                rulemaking proceeding, after consultation with 
                the Administrator and the heads of other 
                appropriate Federal agencies as determined by 
                the Secretary, and representatives of States 
                the waters of which could be affected by the 
                discharge of ballast water from the vessel, 
                that the risk of introducing aquatic nuisance 
                species through ballast water discharge from 
                the vessel is insignificant.
                  (B) Certain vessels.--A vessel constructed 
                before January 1, 2001, that operates 
                exclusively within the Great Lakes shall be 
                presumed not to pose a significant risk of 
                introducing aquatic nuisance species unless the 
                Secretary finds otherwise in a rulemaking 
                proceeding under subparagraph (A).
                  (C) Best practices.--The Secretary shall 
                develop, and require a vessel exempted from 
                complying with the requirements of paragraph 
                (1) under this paragraph to follow, best 
                practices to minimize the spreading of aquatic 
                nuisance species in its operation area. The 
                best practices shall be developed in 
                consultation with the Governors of States that 
                may be affected.
                  (D) Stopping the spread of infectious 
                disease.--The Secretary, at the request of the 
                Secretary of Agriculture, shall require a 
                vessel to which paragraph (1) does not apply in 
                accordance with subparagraph (A) to have a 
                ballast water treatment system approved by the 
                Secretary under this subsection to stop the 
                spread of infectious diseases to plants and 
                animals as otherwise authorized by law.
          (11) Laboratories.--The Secretary may use any 
        Federal, non-Federal, or foreign laboratory that meets 
        standards established by the Secretary for the purpose 
        of evaluating and certifying ballast water treatment 
        technologies that meet the requirements of this 
        subsection.
          (12) Program to support the promulgation and 
        implementation of standards.--
                  (A) In general.--The Secretary, in 
                coordination with the Under Secretary, the Task 
                Force and other appropriate Federal agencies, 
                shall carry out a coordinated program to 
                support the promulgation and implementation of 
                standards under this subsection to prevent the 
                introduction and spread of aquatic invasive 
                species by vessels. The program established 
                under this section shall, at a minimum--
                          (i) characterize physical, chemical, 
                        and biological harbor conditions 
                        relevant to ballast discharge into 
                        United States waters to inform the 
                        design and implementation of ship 
                        vector control technologies and 
                        practices;
                          (ii) develop testing protocols for 
                        determining the effectiveness of vessel 
                        vector monitoring and control 
                        technologies and practices;
                          (iii) demonstrate methods for 
                        mitigating the spread of invasive 
                        species by coastal voyages, including 
                        exploring the effectiveness of 
                        alternative exchange zones in the near 
                        coastal areas and other methods 
                        proposed to reduce transfers of 
                        organisms;
                          (iv) verify the practical 
                        effectiveness of any process for 
                        approving a type of alternative ballast 
                        water management as meeting standards 
                        established under this subsection, to 
                        ensure that the process produces 
                        repeatable and accurate assessments of 
                        treatment effectiveness; and
                          (v) evaluate the effectiveness and 
                        residual risk and environmental impacts 
                        associated with any standard set with 
                        respect to the vessel pathways.
                  (B) Authorization of appropriations.--In 
                addition to other amounts authorized by this 
                title, to carry out this paragraph there are 
                authorized to be appropriated $1,500,000 to the 
                Secretary and $1,500,000 to the Under Secretary 
                for each of fiscal years 2008 through 2012.
  (g) Warnings Concerning Ballast Water Uptake.--
          (1) In general.--The Secretary shall notify vessel 
        owners and operators of any area in waters subject to 
        the jurisdiction of the United States in which vessels 
        may not uptake ballast water due to known conditions.
          (2) Contents.--The notice shall include--
                  (A) the coordinates of the area; and
                  (B) if possible, the location of alternative 
                areas for the uptake of ballast water.
  (h) Sediment Management.--
          (1) In general.--The operator of a vessel to which 
        this section applies may not remove or dispose of 
        sediment from spaces designed to carry ballast water, 
        except--
                  (A) in accordance with this subsection and 
                the ballast water management plan approved 
                under subsection (c); and
                  (B)(i) more than 200 nautical miles from the 
                nearest point of land; or
                  (ii) into a reception facility that meets the 
                requirements of paragraph (3).
          (2) Design requirements.--
                  (A) New vessels.--After December 31, 2008, a 
                vessel to which this section applies may not be 
                operated on waters subject to the jurisdiction 
                of the United States, unless that vessel is 
                designed and constructed in accordance with 
                regulations issued under subparagraph (C) and 
                in a manner that--
                          (i) minimizes the uptake and 
                        entrapment of sediment;
                          (ii) facilitates removal of sediment; 
                        and
                          (iii) provides for safe access for 
                        sediment removal and sampling.
                  (B) Existing vessels.--A vessel to which this 
                section applies that was constructed before 
                January 1, 2009, shall be modified, to the 
                extent practicable, at the first drydocking of 
                the vessel after December 31 2008, but not 
                later than December 31, 2013, to achieve the 
                objectives described in subparagraph (A).
                  (C) Regulations.--The Secretary shall issue 
                regulations establishing design and 
                construction standards to achieve the 
                objectives of subparagraph (A) and providing 
                guidance for modifications and practices under 
                subparagraph (B). The Secretary shall 
                incorporate the standards and guidance in the 
                regulations governing the ballast water 
                management plan approved under subsection (c).
          (3) Sediment reception facilities.--
                  (A) Standards.--The Secretary, in 
                consultation with the heads of other 
                appropriate Federal agencies as determined by 
                the Secretary, shall issue regulations 
                governing facilities for the reception of 
                vessel sediment from spaces designed to carry 
                ballast water that provide for the disposal of 
                such sediment in a way that does not impair or 
                damage the environment, human health, or 
                property or resources of the disposal area.
                  (B) Designation.--The Secretary, in 
                consultation with the heads of other 
                appropriate Federal agencies as determined by 
                the Secretary shall designate facilities for 
                the reception of vessel sediment that meet the 
                requirements of the regulations issued under 
                subparagraph (A) at ports and terminals where 
                ballast tanks are cleaned or repaired.
  (i) Examinations and Certifications.--
          (1) Initial examination.--
                  (A) In general.--The Secretary shall examine 
                vessels to which this section applies to 
                determine whether--
                          (i) there is a ballast water 
                        management plan for the vessel that is 
                        approved by the Secretary and a ballast 
                        water record book on the vessel that 
                        meets the requirements of subsection 
                        (d);
                          (ii) the equipment used for ballast 
                        water and sediment management in 
                        accordance with the requirements of 
                        this section and the regulations issued 
                        under this section is installed and 
                        functioning properly.
                  (B) New vessels.--For vessels constructed on 
                or after January 1, 2009, the Secretary shall 
                conduct the examination required by 
                subparagraph (A) before the vessel is placed in 
                service.
                  (C) Existing vessels.--For vessels 
                constructed before January 1, 2009, the 
                Secretary shall--
                          (i) conduct the examination required 
                        by subparagraph (A) before the date on 
                        which subsection (f)(1) applies to the 
                        vessel according to the schedule in 
                        subsection (f)(3); and
                          (ii) inspect the vessel's ballast 
                        water record book required by 
                        subsection (d).
                  (D) Foreign vessel.--In the case of a foreign 
                vessel, the Secretary shall perform the 
                examination required by this paragraph the 
                first time the vessel enters a United States 
                port.
          (2) Subsequent examinations.--In addition to the 
        examination required by paragraph (1), the Secretary 
        shall annually examine vessels to which this section 
        applies, to ensure compliance with the requirements of 
        this section and the regulations issued under this 
        section.
          (3) Inspection authority.--
                  (A) In general.--The Secretary may carry out 
                inspections of any vessel to which this section 
                applies at any time, including the taking of 
                ballast water samples, to ensure compliance 
                with this section. The Secretary shall use all 
                appropriate and practical measures of detection 
                and environmental monitoring such vessels and 
                shall establish adequate procedures for 
                reporting violations of this section and 
                accumulating evidence regarding such 
                violations.
                  (B) Investigations.--
                          (i) In general.--Upon receipt of 
                        evidence that a violation of this 
                        section or a regulation issued under 
                        this section has occurred, the 
                        Secretary shall cause the matter to be 
                        investigated.
                          (ii) Issuance of subpoenas.--In an 
                        investigation under this subparagraph, 
                        the Secretary may issue subpoenas to 
                        require the attendance of any witness 
                        and the production of documents and 
                        other evidence.
                          (iii) Compelling compliance with 
                        subpoenas.--In case of refusal to obey 
                        a subpoena issued under this 
                        subparagraph, the Secretary may request 
                        the Attorney General to invoke the aid 
                        of the appropriate district court of 
                        the United States to compel compliance.
          (4) State programs.--
                  (A) Submission to secretary.--At any time 
                after the date of issuance of ballast water 
                treatment regulations issued under this 
                section, the Governor of each State desiring to 
                administer its own inspection and enforcement 
                authority for ballast water discharges within 
                its jurisdiction may submit to the Secretary a 
                complete description of the program the 
                Governor proposes to establish and administer 
                under State law. In addition, the Governor 
                shall submit a statement from the attorney 
                general that the laws of such State provide 
                adequate authority to carry out the described 
                program.
                  (B) Approval.--The Secretary shall approve a 
                program submitted under subparagraph (A), 
                unless the Secretary determines that adequate 
                resources do not exist or, in the case of 
                ballast water testing, that adequate scientific 
                expertise does not exist--
                          (i) to inspect, monitor, and board 
                        any vessel to which this section 
                        applies at any time, including the 
                        taking and testing of ballast water 
                        samples, to ensure the vessel's 
                        compliance with this section;
                          (ii) to ensure that any ballast water 
                        discharged within the waters subject to 
                        the jurisdiction of the State meet the 
                        ballast water requirements of this 
                        section and the regulations issued 
                        under this section, including any 
                        revisions to such requirements and 
                        regulations;
                          (iii) to establish adequate 
                        procedures for reporting violations of 
                        this section;
                          (iv) to investigate and abate 
                        violations of this section, including 
                        civil and criminal penalties and other 
                        ways and means of enforcement; and
                          (v) to ensure that the Secretary 
                        receives notice of each violation of 
                        the ballast water treatment 
                        requirements issued under this section 
                        in an expeditious manner.
                  (C) Suspension of federal authorities.--Not 
                later than 90 days after the date on which a 
                State submits a program (or revision thereof) 
                under this paragraph, the Secretary shall 
                suspend its authorities under subsections (k) 
                and (l) in such State, unless the Secretary 
                determines that the State program does not meet 
                the requirements of this paragraph. If the 
                Secretary so determines, the Secretary shall 
                notify the State of any revisions or 
                modifications necessary to conform to such 
                requirements.
                  (D) Compliance.--Any State program approved 
                under this paragraph shall at all times be 
                conducted in accordance with this section and 
                regulations issued under this section.
                  (E) Withdrawal of approval.--Whenever the 
                Secretary determines, after public hearing, 
                that a State is not administering a program 
                approved under this paragraph in accordance 
                with this section and regulations issued under 
                this section, the Secretary shall notify the 
                State and, if appropriate corrective action is 
                not taken within a reasonable period of time 
                not to exceed 90 days, the Secretary shall 
                withdraw approval of the program. The Secretary 
                shall not withdraw approval of any program 
                unless the Secretary shall first have notified 
                the State, and made public, in writing, the 
                reasons for such withdrawal.
                  (F) Limitation on statutory construction.--
                Nothing in this paragraph shall limit the 
                authority of the Secretary carry out 
                inspections and investigations of any vessels 
                under paragraph (3).
          (5) Required certificate.--If, on the basis of an 
        initial examination under paragraph (1), the Secretary 
        finds that a vessel complies with the requirements of 
        this section and the regulations issued under this 
        section, the Secretary shall issue a certificate under 
        this paragraph as evidence of such compliance. The 
        certificate shall be valid for a period of not more 
        than 5 years, as specified by the Secretary. The 
        certificate or a true copy shall be maintained on board 
        the vessel.
          (6) Notification of violations.--If the Secretary 
        finds, on the basis of an examination under paragraph 
        (1) or (2), investigation under paragraph (3), or any 
        other information, that a vessel is being operated in 
        violation of any requirement of this section or 
        regulation issued under this section, the Secretary 
        shall--
                  (A) notify, in writing--
                          (i) the master of the vessel; and
                          (ii) the captain of the port at the 
                        vessel's next port of call;
                  (B) remove from the vessel the certificate 
                issued under paragraph (5);
                  (C) take such other action as may be 
                appropriate.
          (7) Compliance monitoring.--
                  (A) In general.--The Secretary shall 
                establish, by regulation, sampling and other 
                procedures to monitor compliance with the 
                requirements of this section and the 
                regulations issued under this section.
                  (B) Use of markers.--The Secretary may verify 
                compliance with the discharge requirements of 
                subsection (f) and the regulations issued under 
                this section with respect to such requirements 
                through identification of markers associated 
                with a treatment technology's effectiveness, 
                such as the presence of indicators associated 
                with a certified treatment technology.
          (8) Education and technical assistance programs.--The 
        Secretary may carry out education and technical 
        assistance programs and other measures to promote 
        compliance with the requirements of this section and 
        the regulations issued under this section.
  (j) Detention of Vessels.--The Secretary, by notice to the 
owner, charterer, managing operator, agent, master, or other 
individual in charge of a vessel, may detain that vessel if the 
Secretary has reasonable cause to believe that--
          (1) the vessel is a vessel to which this section 
        applies; and
          (2) the vessel does not comply with any requirement 
        of this section or regulation issued under this section 
        or is being operated in violation of such a requirement 
        or regulation.
  (k) Sanctions.--
          (1) Civil penalties.--Any person who violates this 
        section (including a regulation issued under this 
        section) shall be liable for a civil penalty in an 
        amount not to exceed $32,500. Each day of a continuing 
        violation constitutes a separate violation. A vessel 
        operated in violation of this section (including a 
        regulation issued under this section) is liable in rem 
        for any civil penalty assessed under this subsection 
        for that violation.
          (2) Criminal penalties.--Whoever knowingly violates 
        this section (including a regulation issued under this 
        section) shall be fined under title 18, United States, 
        or imprisoned not more than 12 years, or both.
          (3) Revocation of clearance.--Except as provided in 
        subsection (j)(2), upon request of the Secretary, the 
        Secretary of the Treasury shall withhold or revoke the 
        clearance of a vessel required by section 60105 of 
        title 46, United States Code, if the owner or operator 
        of that vessel is in violation of this section or a 
        regulation issued under this section.
  (l) Enforcement.--
          (1) Administrative actions.--If the Secretary finds, 
        after notice and an opportunity for a hearing, that a 
        person has violated this section or a regulation issued 
        under this section, the Secretary may assess a civil 
        penalty for that violation. In determining the amount 
        of the civil penalty, the Secretary shall take into 
        account the nature, circumstances, extent, and gravity 
        of the prohibited acts committed and, with respect to 
        the violator, the degree of culpability, any history of 
        prior violations, and such other matters as justice may 
        require.
          (2) Civil actions.--At the request of the Secretary, 
        the Attorney General may bring a civil action in an 
        appropriate district court of the United States to 
        enforce this section or any regulation issued under 
        this section. Any court before which such an action is 
        brought may award appropriate relief, including 
        temporary or permanent injunctions and civil penalties.
  (m) Consultation with Canada, Mexico, and Other Foreign 
Governments.--In developing the guidelines and regulations to 
be issued under this section, the Secretary is encouraged to 
consult with the Government of Canada, the Government of Mexico 
and any other government of a foreign country that the 
Secretary, after consultation with the Task Force, determines 
to be necessary to develop and implement an effective 
international program for preventing the unintentional 
introduction and spread of aquatic nuisance species through 
ballast water.
  (n) International Cooperation.--The Secretary, in cooperation 
with the Under Secretary, the Secretary of State, the 
Administrator, the heads of other relevant Federal agencies, 
the International Maritime Organization of the United Nations, 
and the Commission on Environmental Cooperation established 
pursuant to the North American Free Trade Agreement, is 
encouraged to enter into negotiations with the governments of 
foreign countries to develop and implement an effective 
international program for preventing the unintentional 
introduction and spread of aquatic invasive species. The 
Secretary is particularly encouraged to seek bilateral or 
multilateral agreements with Canada, Mexico, and other nations 
in the Wider Caribbean Region (as defined in the Convention for 
the Protection and Development of the Marine Environment of the 
Wider Caribbean, signed at Cartagena on March 24, 1983 (TIAF 
11085)), to carry out the objectives of this section.
  (o) Nondiscrimination.--The Secretary shall ensure that 
foreign vessels do not receive more favorable treatment than 
vessels of the United States when the Secretary performs 
studies, reviews compliance, determines effectiveness, 
establishes requirements, or performs any other 
responsibilities under this Act.
  (p) Consultation with Task Force.--The Secretary shall 
consult with the Task Force in carrying out this section.
  (q) Preemption.--
          (1) In general.--Except as provided in subsection 
        (i)(4) but notwithstanding any other provision of law, 
        the provisions of subsections (e) and (f) supersede any 
        provision of State or local law that is inconsistent 
        with the requirements of those subsections or that 
        conflicts with the requirements of those subsections.
          (2) Greater penalties or fees.--For purpose of 
        paragraph (1), the imposition by State or local law of 
        greater penalties or fees for acts or omissions that 
        are violations of such law and also violations of this 
        Act or the imposition by a State of incentives under 
        subsection (f)(9)(B) shall not be considered to be 
        inconsistent, or to conflict, with the requirements of 
        subsections (e) and (f).
          (3) Reception facilities.--The standards issued by 
        the Secretary or the heads of other appropriate Federal 
        agencies under subsection (f)(2) do not supersede any 
        more stringent standard under any otherwise applicable 
        Federal, State, or local law.
  (r) Coast Guard Report on Other Sources of Vessel-Bourne 
Nuisance Species.--
          (1) In general.--
                  (A) Hull-fouling and other vessel sources.--
                Not later than 180 days after the date of 
                enactment of the Ballast Water Treatment Act of 
                2007, the Secretary shall transmit a report to 
                the Committee on Commerce, Science, and 
                Transportation of the Senate and the Committee 
                on Transportation and Infrastructure of the 
                House of Representatives on vessel-related 
                pathways of harmful aquatic organisms and 
                pathogens other than ballast water and 
                sediment, including vessel hulls and equipment, 
                and from vessels equipped with ballast tanks 
                that carry no ballast water on board.
                  (B) Best practices.--
                          (i) In general.--As soon as 
                        practicable, the Secretary shall 
                        develop best practices standards and 
                        procedures designed to reduce the 
                        introduction and spread of invasive 
                        species into and within the United 
                        States from vessels and establish a 
                        timeframe for implementation of those 
                        standards and procedures by vessels. 
                        Such standards and procedures shall 
                        include designation of geographical 
                        locations for uptake and discharge of 
                        untreated ballast water, as well as 
                        standards and procedure for other 
                        vessel pathways of aquatic invasive 
                        species.
                          (ii) Report.--The Secretary shall 
                        transmit a report to the committees 
                        referred to in subparagraph (A) 
                        describing the standards and procedures 
                        developed under this subparagraph and 
                        the implementation timeframe, together 
                        with such recommendations as the 
                        Secretary determines appropriate.
                          (iii) Regulations.--The Secretary may 
                        issue regulations to incorporate and 
                        enforce standards and procedures 
                        developed under this paragraph.
          (2) Transiting vessels.--Not later than 180 days 
        after the date of enactment of the Ballast Water 
        Treatment Act of 2007, the Secretary shall transmit a 
        report to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives containing--
                  (A) an assessment of the magnitude and 
                potential adverse impacts of ballast water 
                operations from foreign vessels designed, 
                adapted, or constructed to carry ballast water 
                that are transiting waters subject to the 
                jurisdiction of the United States; and
                  (B) recommendations, including legislative 
                recommendations if appropriate, of options for 
                addressing ballast water operations of those 
                vessels.

SEC. 1102. NATIONAL BALLAST WATER MANAGEMENT INFORMATION.

  (a) * * *
  (b) Ecological and Ballast Water Discharge Surveys.--
          (1) Ecological surveys.--
                  (A) * * *
                  (B) Requirements for surveys.--In conducting 
                the surveys under this paragraph, the Task 
                Force shall, with respect to each such survey--
                          (i) * * *
                          (ii) provide an estimate of the 
                        effectiveness of ballast water 
                        management and other vessel management 
                        [guidelines issued and] regulations 
                        promulgated under this subtitle in 
                        abating invasions of aquatic nuisance 
                        species in the waters that are the 
                        subject of the survey.
          (2) Ballast water discharge surveys.--
                  (A) * * *
                  (B) Requirements for surveys.--In conducting 
                the surveys under this paragraph, the Secretary 
                shall--
                          (i) * * *
                          (ii) assess the effectiveness of 
                        [voluntary guidelines issued, and 
                        regulations promulgated,] regulations 
                        promulgated under this subtitle in 
                        altering ballast water discharge 
                        practices to reduce the probability of 
                        accidental introductions of aquatic 
                        nuisance species.

           *       *       *       *       *       *       *

  (c) Reports.--
          (1) Ballast exchange.--Not later than 18 months after 
        the date of enactment of this Act and prior to the 
        effective date of the regulations issued under [section 
        1101(b)] section 1101(a), the Task Force shall submit a 
        report to the Congress that presents the results of the 
        study required under subsection (a)(1) and makes 
        recommendations with respect to such regulations.

           *       *       *       *       *       *       *

  (f) National Ballast Information Clearinghouse.--
          (1) In general.--The Secretary shall develop and 
        maintain, in consultation and cooperation with the Task 
        Force and the Smithsonian Institution (acting through 
        the Smithsonian Environmental Research Center), a 
        clearinghouse of national data concerning--
                  (A) * * *
                  (B) compliance with the [guidelines issued 
                pursuant to section 1101(c)] regulations issued 
                pursuant to section 1101; and

           *       *       *       *       *       *       *

  (g) Ballast Water Surveys.--
          (1) In general.--The Secretary shall conduct the 
        following ballast water surveys:
                  (A) A survey of the number of living 
                organisms in untreated ballast water of a 
                representative number of vessels, as determined 
                by the Secretary.
                  (B) A survey of the number of living 
                organisms in the ballast water of a 
                representative number of vessels, as determined 
                by the Secretary, that has been exchanged on 
                the high seas.
                  (C) Surveys of the number of living organisms 
                in the ballast water of vessels that are 
                participating in a program to test and evaluate 
                promising ballast water treatment, as approved 
                by the Secretary.
          (2) Reports.--The Secretary shall submit to the 
        Committee on Transportation and Infrastructure of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate--
                  (A) a report on the results of the surveys 
                under subparagraphs (A) and (B) of paragraph 
                (1) by not later than 18 months after the date 
                of the enactment of the Ballast Water Treatment 
                Act of 2007; and
                  (B) a report on the results of the surveys 
                required under subparagraph (C) of paragraph 
                (1) upon completion of each demonstration 
                concerned.

[SEC. 1103. ARMED SERVICES BALLAST WATER PROGRAMS.

  [(a) Department of Defense Vessels.--Subject to operational 
conditions, the Secretary of Defense, in consultation with the 
Secretary, the Task Force, and the International Maritime 
Organization, shall implement a ballast water management 
program for seagoing vessels of the Department of Defense to 
minimize the risk of introduction of nonindigenous species from 
releases of ballast water.
  [(b) Coast Guard Vessels.--Subject to operational conditions, 
the Secretary, in consultation with the Task Force and the 
International Maritime Organization, shall implement a ballast 
water management program for seagoing vessels of the Coast 
Guard to minimize the risk of introduction of nonindigenous 
species from releases of ballast water.

[SEC. 1104. BALLAST WATER MANAGEMENT DEMONSTRATION PROGRAM.

  [(a) Technologies and Practices Defined.--For purposes of 
this section, the term ``technologies and practices'' means 
those technologies and practices that--
          [(1) may be retrofitted--
                  [(A) on existing vessels or incorporated in 
                new vessel designs; and
                  [(B) on existing land-based ballast water 
                treatment facilities;
          [(2) may be designed into new water treatment 
        facilities;
          [(3) are operationally practical;
          [(4) are safe for a vessel and crew;
          [(5) are environmentally sound;
          [(6) are cost-effective;
          [(7) a vessel operator is capable of monitoring; and
          [(8) are effective against a broad range of aquatic 
        nuisance species.
  [(b) Demonstration Program.--
          [(1) In general.--During the 18-month period 
        beginning on the date that funds are made available by 
        appropriations pursuant to section 1301(e), the 
        Secretary of the Interior and the Secretary of 
        Commerce, with the concurrence of and in cooperation 
        with the Secretary, shall conduct a ballast water 
        management demonstration program to demonstrate 
        technologies and practices to prevent aquatic 
        nonindigenous species from being introduced into and 
        spread through ballast water in the Great Lakes and 
        other waters of the United States.]

SEC. 1104. BALLAST WATER TREATMENT TECHNOLOGY EVALUATION AND 
                    DEMONSTRATION PROGRAMS.

  (a) Shipboard Technology Evaluation Program.--
          (1) In general.--The Secretary shall establish a 
        Shipboard Technology Evaluation Program to evaluate 
        alternative ballast water management methods aboard 
        vessels to prevent aquatic nuisance species from being 
        introduced into and spread through discharges of 
        ballast water in waters of the United States.
          (2) Location.--The installation and construction [of 
        the technologies and practices used in the 
        demonstration program] of alternative ballast water 
        management methods used in the program conducted under 
        this subsection shall be performed in the United 
        States.
          (3) Vessel selection.--In demonstrating [technologies 
        and practices on vessels under this subsection, the 
        Secretary of the Interior and the Secretary of 
        Commerce, shall--] ballast water treatment technologies 
        on vessels under this subsection, the Secretary shall--
                  (A) use only vessels that--
                          [(i) are approved by the Secretary;
                          [(ii) have ballast water systems 
                        conducive to testing aboard-vessel or 
                        land-based technologies and practices 
                        applicable to a significant number of 
                        merchant vessels; and]
                          (i) have ballast water systems 
                        conducive to testing aboard the vessel; 
                        and
                          [(iii)] (ii) are--
                                  (I)  * * *

           *       *       *       *       *       *       *

                  [(C) seek to use a variety of vessel types, 
                including vessels that--
                          [(i) call on ports in the United 
                        States and on the Great Lakes; and
                          [(ii) are operated along major coasts 
                        of the United States and inland 
                        waterways, including the San Francisco 
                        Bay and Chesapeake Bay.]
                  (C) seek to use a variety of vessel types.

           *       *       *       *       *       *       *

          [(4) Selection of technologies and practices.--In 
        selecting technologies and practices for demonstration 
        under this subsection, the Secretary of the Interior 
        and the Secretary of Commerce shall give priority 
        consideration to technologies and practices identified 
        as promising by the National Research Council Marine 
        Board of the National Academy of Sciences in its report 
        on ships' ballast water operations issued in July 
        1996.]
          (4) Selection of alternative ballast water management 
        methods.--In order for a ballast water treatment 
        technology to be eligible to be installed on vessels 
        for evaluation under this section, such technology must 
        be, at a minimum--
                  (A) determined by the Secretary to have the 
                demonstrated potential to reduce the number of 
                organisms greater than or equal to 50 microns 
                in minimum dimension in discharged ballast 
                water to fewer than 10 living organisms per 
                cubic meter of water;
                  (B) cost-effective;
                  (C) environmentally sound;
                  (D) operationally practical;
                  (E) able to be retrofitted on existing 
                vessels or incorporated in new vessel design 
                (or both);
                  (F) safe for a vessel and crew; and
                  (G) accessible to monitoring.

           *       *       *       *       *       *       *

          (6) Authority of secretary to review and revise 
        criteria.--The Secretary may review and revise the 
        criteria described in paragraph (4)(A) to require 
        ballast water treatment technologies to meet a more 
        stringent ballast water discharge standard, including 
        standards promulgated under section 1101(f), before 
        being eligible for installation aboard vessels under 
        the program.
  (b) Shipboard Technology Demonstration Program.--
          (1) In general.--The Under Secretary, with the 
        concurrence of and in cooperation with the Secretary, 
        shall conduct a program to demonstrate ballast water 
        treatment technologies evaluated aboard vessels under 
        subsection (a) to prevent aquatic nuisance species from 
        being introduced into and spread through ballast water 
        in waters of the United States.
          (2) Location.--The installation and construction of 
        ballast water treatment technologies used in the 
        demonstration program under this subsection shall be 
        performed in the United States.
          (3) Vessel eligibility.--Vessels eligible to 
        participate in the demonstration program under this 
        subsection shall consist only of vessels that have been 
        accepted into and are actively participating in the 
        Shipboard Technology Evaluation Program under 
        subsection (a).
          (4) Grants.--
                  (A) In general.--The Under Secretary shall 
                establish a grant program to provide funding 
                for acquiring, installing, and operating 
                ballast water treatment technologies aboard 
                vessels participating in the program under this 
                subsection.
                  (B) Matching requirements.--The amount of 
                Federal funds used for any demonstration 
                project under this subsection--
                          (i) shall not exceed $1,000,000; and
                          (ii) shall not exceed 50 percent of 
                        the total cost of such project.
  (c) Alternative Ship Pathway Program.--
          (1) In general.--The Under Secretary, with the 
        concurrence of and in cooperation with the Secretary, 
        shall conduct a program to demonstrate and verify 
        technologies and practices to monitor and control the 
        introduction of aquatic invasive species by ship 
        pathways other than the release of ballast water.
          (2) Selection of methods.--The Under Secretary may 
        not select technologies and practices for demonstration 
        or verification under paragraph (1) unless such 
        technologies and practices, in the determination of the 
        Under Secretary, in consultation with the Secretary, 
        meet the criteria outlined in subparagraphs (B) through 
        (G) of subsection (a)(4).
          (3) Location.--The installation and construction of 
        technologies and practices for demonstration and 
        verification under this subsection shall be performed 
        in the United States.
  [(c)] (d) Authorities; Consultation and Cooperation With 
International Maritime Organization and Task Force.--
          (1) Authorities.--In conducting the demonstration 
        program under subsection (b), the [Secretary of the 
        Interior] Secretary, in consultation with the Under 
        Secretary, may--
                  (A) * * *

           *       *       *       *       *       *       *

          (2) Consultation and cooperation.--The [Secretary of 
        the Interior] Secretary, in consultation with the Under 
        Secretary, shall consult and cooperate with the 
        International Maritime Organization and the Task Force 
        in carrying out this section.

           *       *       *       *       *       *       *

    Subtitle C--Prevention and Control of Aquatic Nuisance Species 
Dispersal

           *       *       *       *       *       *       *

SEC. 1210. RAPID RESPONSE PLAN.

  (a) Preparation by President.--The President shall prepare 
and publish a national rapid response plan for killing, 
removing, or minimizing the spread of aquatic nuisance species 
in the waters of the United States in accordance with this 
section.
  (b) Contents.--The national rapid response plan shall provide 
for efficient, coordinated, and effective action to minimize 
damage from aquatic nuisance species in the navigable waters of 
the United States, including killing, containing, and removal 
of the aquatic nuisance species, and shall include the 
following:
          (1) Assignment of duties and responsibilities among 
        Federal departments and agencies in coordination with 
        State and local agencies and port authorities and 
        private entities.
          (2) Identification, procurement, maintenance, and 
        storage of equipment and supplies needed to facilitate 
        the killing, containment, and removal of aquatic 
        nuisance species under this section.
          (3) Establishment or designation by the President of 
        Federal aquatic nuisance species response teams, 
        consisting of--
                  (A) personnel who shall be trained and 
                prepared by the President and shall be 
                available to provide necessary services to 
                carry out the national rapid response plan;
                  (B) adequate equipment and material needed to 
                facilitate the killing, containment, and 
                removal of aquatic nuisance species under this 
                section; and
                  (C) a detailed plans to kill, contain, and 
                remove aquatic nuisance species, including 
                measures to protect fisheries and wildlife.
          (4) A system of surveillance and notice designed to 
        safeguard against, as well as ensure earliest possible 
        notice of, the introduction of aquatic nuisance species 
        and imminent threats of such introduction to the 
        appropriate State and Federal agencies.
          (5) Establishment by the President of a national 
        center to provide coordination and direction for 
        operations in carrying out the plan.
          (6) Procedures and techniques to be employed in 
        identifying, containing, killing, and removing aquatic 
        nuisance species in the waters of the United States.
          (7) A schedule, prepared by the President in 
        cooperation with the States, identifying--
                  (A) mitigating devices and substances, if 
                any, that may be used in carrying out the plan;
                  (B) the waters in which such mitigating 
                devices and substances may be used; and
                  (C) the quantities of such mitigating device 
                or substance which can be used safely in such 
                waters.
          (8) A system whereby the State or States affected by 
        an aquatic nuisance species may act where necessary to 
        remove such species.
          (9) Establishment by the President of criteria and 
        procedures to ensure immediate and effective Federal 
        identification of, and response to, an introduction of 
        aquatic nuisance species.
          (10) Designation by the President of the Federal 
        official who shall be the Federal on-scene coordinator 
        for measures taken to kill, contain, and remove aquatic 
        nuisance species under this section.
          (11) A fish and wildlife response plan for the 
        immediate and effective protection, rescue, and 
        rehabilitation of, and the minimization of risk of 
        damage to, fish and wildlife resources and their 
        habitat that are harmed or that may be jeopardized by 
        an introduction of an aquatic nuisance species.
  (c) Federal Removal Authority.--
          (1) Removal requirement.--
                  (A) In general.--The President shall ensure, 
                in accordance with the national rapid response 
                plan, effective and immediate killing, 
                containing, and removal of the aquatic nuisance 
                species in the waters of the United States.
                  (B) Discretionary authority.--In carrying out 
                this paragraph, the President may--
                          (i) kill, contain, and remove an 
                        aquatic nuisance species, at any time; 
                        and
                          (ii) direct or monitor all Federal, 
                        State, and private actions to kill, 
                        contain, and remove the aquatic 
                        nuisance species.
          (2) Actions in accordance with national rapid 
        response plan.--Each Federal agency, State, owner or 
        operator, or other person participating in efforts 
        under this subsection shall act in accordance with the 
        national rapid response plan or as directed by the 
        President to carry out the plan.

              Subtitle D--Authorizations of Appropriation

SEC. 1301. AUTHORIZATIONS.

  (a) Prevention of Unintentional Introductions.--There are 
authorized to be appropriated to develop and implement the 
provisions of subtitle B--
          (1) * * *

           *       *       *       *       *       *       *

          (4) for each of fiscal years 1997 through 2002, to 
        carry out paragraphs (1) and (2) of section 1102(b)--
                  (A) * * *
                  (B) $1,000,000 to the Secretary; [and]
          (5) for each of fiscal years 1997 through 2002--
                  (A) * * *
                  (B) $500,000 to the Secretary to carry out 
                section 1102(f)[.];
          (6) $20,000,000 for each of fiscal years 2008 through 
        2012 to the Secretary to carry out section 1101;
          (7) $500,000 to the Secretary for each of fiscal 
        years 2008 through 2013 to carry out section 1102(f);
          (8) $6,000,000 to the Under Secretary for each of 
        fiscal years 2008 through 2013 to carry out paragraph 
        (4) of section 1104(b); and
          (9) $1,500,000 to the Under Secretary for each of 
        fiscal years 2008 through 2013 to carry out section 
        1104(c).

           *       *       *       *       *       *       *

                              ----------                              

              SECTION 2237 OF TITLE 18, UNITED STATES CODE

Sec. 2237. Criminal sanctions for failure to heave to, obstruction of 
                    boarding, or providing false information

  (a) * * *
  [(b) Any person who intentionally violates this section shall 
be fined under this title or imprisoned for not more than 5 
years, or both.]
  (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.
  (c)(1) This section does not limit the authority of a customs 
officer under section 581 of the Tariff Act of 1930 (19 U.S.C. 
1581), or any other provision of law enforced or administered 
by the Secretary of the Treasury or the Secretary of Homeland 
Security, or the authority of any Federal law enforcement 
officer under any law of the United States, to order a vessel 
to stop or heave to.
  (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.

           *       *       *       *       *       *       *

  (e) In this section--
          (1) * * *

           *       *       *       *       *       *       *

          (3) the term ``vessel subject to the jurisdiction of 
        the United States'' has the meaning given the term in 
        section 2 of the Maritime Drug Law Enforcement Act (46 
        U.S.C. App. 1903); [and]
          (4) the term ``vessel of the United States'' has the 
        meaning given the term in section 2 of the Maritime 
        Drug Law Enforcement Act (46 U.S.C. App. 1903)[.]; and
          (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.

                                  
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