59–006 

110TH CONGRESS REPT. 110–338 " ! HOUSE OF REPRESENTATIVES 1st Session Part 1 

COAST GUARD AUTHORIZATION ACT OF 2007 

SEPTEMBER 20, 2007.—Ordered to be printed 

Mr. OBERSTAR, from the Committee on Transportation and 

Infrastructure, submitted the following 

R E P O R T 

[To accompany H.R. 2830] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Transportation and Infrastructure, 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 an amendment 

and recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Coast Guard Authorization Act of 2007’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—AUTHORIZATION 

Sec. 101. Authorization of appropriations. 

Sec. 102. Authorized levels of military strength and training. 

Sec. 103. Transfer of bridge administration program authority and functions. 

TITLE II—COAST GUARD 

Sec. 201. Appointment of civilian Coast Guard judges. 

Sec. 202. Industrial activities. 

Sec. 203. Reimbursement for medical-related travel expenses. 

Sec. 204. Commissioned officers. 

Sec. 205. Coast Guard participation in the Armed Forces Retirement Home (AFRH) system. 

Sec. 206. Grants to international maritime organizations. 

Sec. 207. Emergency leave retention authority. 

Sec. 208. Enforcement authority. 

Sec. 209. Repeal. 

Sec. 210. Admirals and Vice Admirals. 

Sec. 211. Merchant Mariner Medical Advisory Committee. 

Sec. 212. Reserve commissioned warrant officer to lieutenant program. 

Sec. 213. Enhanced status quo officer promotion system. 

Sec. 214. Laser Training System. 


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Sec. 215. Coast Guard vessels and aircraft. 

Sec. 216. Coast Guard District Ombudsmen. 

TITLE III—SHIPPING AND NAVIGATION 

Sec. 301. Vessel size limits. 

Sec. 302. Goods and services. 

Sec. 303. Seaward extension of anchorage grounds jurisdiction. 

Sec. 304. Maritime Drug Law Enforcement Act amendment-simple possession. 

Sec. 305. Technical amendments to tonnage measurement law. 

Sec. 306. Seamen’s shoreside access. 

Sec. 307. Fishing vessel safety. 

Sec. 308. Mariner records. 

Sec. 309. Deletion of exemption of license requirement for operators of certain towing vessels. 

Sec. 310. Adjustment of liability limits for natural gas deepwater ports. 

Sec. 311. Period of limitations for claims against Oil Spill Liability Trust Fund. 

Sec. 312. Log books. 

Sec. 313. Unsafe operation. 

Sec. 314. Approval of survival craft. 

Sec. 315. Safety management. 

Sec. 316. Protection against discrimination. 

Sec. 317. Dry bulk cargo residue. 

Sec. 318. Clarification of delegation of authority to classification societies. 

Sec. 319. Registry endorsement for LNG vessels. 

Sec. 320. Oaths. 

Sec. 321. Duration of credentials. 

Sec. 322. Fingerprinting. 

Sec. 323. Authorization to extend the duration of licenses, certificates of registry, and merchant mariners’ documents. 

Sec. 324. Merchant mariner documentation. 

Sec. 325. Merchant mariner assistance report. 

Sec. 326. Merchant mariner shortage report. 

Sec. 327. Merchant mariner document standards. 

Sec. 328. Waterside security around liquefied natural gas terminals and liquefied natural gas tankers. 

TITLE IV—MISCELLANEOUS PROVISIONS 

Sec. 401. Certificate of documentation for GALLANT LADY. 

Sec. 402. Waiver. 

Sec. 403. Great Lakes Maritime Research Institute. 

Sec. 404. Conveyance. 

Sec. 405. Crew wages on passenger vessels. 

Sec. 406. Technical corrections. 

Sec. 407. Conveyance of decommissioned Coast Guard Cutter STORIS. 

Sec. 408. Repeal of requirement of license for employment in the business of salvaging on the coast of Florida. 

Sec. 409. Right-of-first-refusal for Coast Guard property on Jupiter Island, Florida. 

Sec. 410. Conveyance of Coast Guard HU–25 Falcon Jet aircraft. 

Sec. 411. Decommissioned Coast Guard vessels for Haiti. 

Sec. 412. Extension of period of operation of vessel for setting, relocation, or recovery of anchors or other mooring equipment. 

Sec. 413. Vessel traffic risk assessments. 

Sec. 414. Vessel MARYLAND INDEPENDENCE. 

Sec. 415. Study of relocation of Coast Guard Sector Buffalo facilities. 

TITLE V—BALLAST WATER TREATMENT 

Sec. 501. Short title. 

Sec. 502. Declaration of goals and purposes. 

Sec. 503. Ballast water management. 

Sec. 504. National ballast water management information. 

Sec. 505. Ballast water management evaluation and demonstration program. 

Sec. 506. Rapid response plan. 

Sec. 507. Authorization of appropriations. 

TITLE VI—ALIEN SMUGGLING 

Sec. 601. Short title. 

Sec. 602. Maritime law enforcement. 

TITLE I—AUTHORIZATION 

SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

Funds are authorized to be appropriated for fiscal year 2008 for necessary expenses of the Coast Guard as follows: 

(1) For the operation and maintenance of the Coast Guard, $5,965,742,000, 

of which—

(A) $24,500,000 is authorized to be derived from the Oil Spill Liability 

Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); 

(B) $631,000,000 shall be available only for paying for search and rescue 

programs; 

(C) $527,000,000 shall be available only for paying for marine safety programs; and 

(D) $80,500,000 shall be available only for paying for operating expenses 

of the Integrated Deepwater System program. 


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(2) For the acquisition, construction, rebuilding, and improvement of aids to 

navigation, shore and offshore facilities, vessels, and aircraft, including equipment related thereto, $1,005,768,000, of which—

(A) $20,000,000 shall be derived from the Oil Spill Liability Trust Fund 

to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 

1990, to remain available until expended; 

(B) $836,866,000 is authorized for the Integrated Deepwater System Program; and 

(C) $44,597,000 is authorized for shore facilities and aids to navigation. 

(3) To the Commandant of the Coast Guard for research, development, test, 

and evaluation of technologies, materials, and human factors directly relating 

to improving the performance of the Coast Guard’s mission in search and rescue, aids to navigation, marine safety, marine environmental protection, enforcement of laws and treaties, ice operations, oceanographic research, and defense readiness, $18,583,000, to remain available until expended, of which 

$2,000,000 shall be derived from the Oil Spill Liability Trust Fund to carry out 

the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990. 

(4) For retired pay (including the payment of obligations otherwise chargeable 

to lapsed appropriations for this purpose), payments under the Retired Serviceman’s Family Protection and Survivor Benefit Plans, and payments for medical 

care of retired personnel and their dependents under chapter 55 of title 10, 

United States Code, $1,184,720,000, to remain available until expended. 

(5) For alteration or removal of bridges over navigable waters of the United 

States constituting obstructions to navigation, and for personnel and administrative costs associated with the Bridge Alteration Program, $16,000,000. 

(6) For environmental compliance and restoration at Coast Guard facilities 

(other than parts and equipment associated with operation and maintenance), 

$12,079,000, to remain available until expended. 

(7) For the Coast Guard Reserve program, including personnel and training 

costs, equipment, and services, $126,883,000. 

SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING. 

(a) ACTIVE DUTY STRENGTH.—The Coast Guard is authorized an end-of-year 

strength for active duty personnel of 45,500 for the fiscal year ending on September 

30, 2008. 

(b) MILITARY TRAINING STUDENT LOADS.—For fiscal year 2008, the Coast Guard 

is authorized average military training student loads as follows: 

(1) For recruit and special training, 2,500 student years. 

(2) For flight training, 165 student years. 

(3) For professional training in military and civilian institutions, 350 student 

years. 

(4) For officer acquisition, 1,200 student years. 

SEC. 103. TRANSFER OF BRIDGE ADMINISTRATION PROGRAM AUTHORITY AND FUNCTIONS. 

(a) TRANSFER.—

(1) AUTHORITY AND FUNCTIONS.—Notwithstanding section 888(b) of the Homeland Security Act of 2002 (6 U.S.C. 468(b)) or any other provision of law, the 

authorities of the Secretary of Homeland Security to approve the construction, 

alteration, or operation of a bridge, drawbridge, or causeway across or over the 

navigable waters of the United States and to require the alteration, repair, or 

removal of that bridge, drawbridge, or causeway, pursuant to the Bridge Act of 

1906 (34 Stat. 84; 33 U.S.C. 491 et seq.), the General Bridge Act of 1946 (60 

Stat. 847, 33 U.S.C. 525 note), the Truman-Hobbs Act (54 Stat. 497; 33 U.S.C. 

511 et seq.), and the International Bridge Act of 1972 (60 Stat. 847; 33 U.S.C. 

525 et seq.), and the functions related thereto, are hereby transferred to the 

Secretary of Transportation. 

(2) TRANSFER AND ADMINISTRATION OF BALANCES.—Any unobligated balances 

of prior appropriations provided for the alteration of bridges are transferred and 

shall be available to the Secretary of Transportation to carry out the functions 

and authorities transferred by subsection (a). 

TITLE II—COAST GUARD 

SEC. 201. APPOINTMENT OF CIVILIAN COAST GUARD JUDGES. 

(a) IN GENERAL.—Chapter 7 of title 14, United States Code, is amended by adding 

at the end the following: 


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‘‘§ 153. Appointment of judges 

‘‘The Secretary may appoint civilian employees of the Department in which the 

Coast Guard is operating as appellate military judges, available for assignment to 

the Coast Guard Court of Criminal Appeals as provided for in section 866(a) of title 

10.’’. 

(b) CLERICAL AMENDMENT.—The analysis for such chapter is amended by adding 

at the end the following: 

‘‘153. Appointment of judges.’’. 

SEC. 202. INDUSTRIAL ACTIVITIES. 

Section 151 of title 14, United States Code, is amended— (1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘All orders’’; and 

(2) by adding at the end the following: 

‘‘(b) ORDERS AND AGREEMENTS FOR INDUSTRIAL ACTIVITIES.—Under this section, 

the Coast Guard industrial activities may accept orders and enter into reimbursable 

agreements with establishments, agencies, and departments of the Department of 

Defense.’’. 

SEC. 203. REIMBURSEMENT FOR MEDICAL-RELATED TRAVEL EXPENSES. 

(a) IN GENERAL.—Chapter 13 of title 14, United States Code, is amended by adding at the end the following: 

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

‘‘In any case in which a covered beneficiary (as defined in section 1072(5) of title 

10) resides on an island that is located in the 48 contiguous States and the District 

of Columbia and that lacks public access roads to the mainland and is referred by 

a primary care physician to a specialty care provider (as defined in section 1074i(b) 

of title 10) on the mainland who provides services less than 100 miles from the location where the beneficiary resides, the Secretary shall reimburse the reasonable 

travel expenses of the covered beneficiary and, when accompaniment by an adult 

is necessary, for a parent or guardian of the covered beneficiary or another member 

of the covered beneficiary’s family who is at least 21 years of age.’’. 

(b) CLERICAL AMENDMENT.—The analysis for such chapter is amended by adding 

at the end the following: 

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

SEC. 204. COMMISSIONED OFFICERS. 

(a) ACTIVE DUTY PROMOTION LIST.—Section 42 of title 14, United States Code, is 

amended to read as follows: 

‘‘§ 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. 


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‘‘(3) TREATMENT OF OFFICERS SERVING OUTSIDE COAST GUARD.—The number of 

commissioned officers on the active duty promotion list below the rank of rear 

admiral (lower half) serving with other Federal departments or agencies on a 

reimbursable basis or excluded under section 324(d) of title 49 shall not be 

counted against the total number of commissioned officers authorized to serve 

in each grade. ‘‘(d) USE OF NUMBERS; TEMPORARY INCREASES.—The numbers resulting from computations under subsection (c) shall be, for all purposes, the authorized number in 

each grade; except that the authorized number for a grade is temporarily increased 

during the period between one computation and the next by the number of officers 

originally appointed in that grade during that period and the number of officers of 

that grade for whom vacancies exist in the next higher grade but whose promotion 

has been delayed for any reason. ‘‘(e) OFFICERS SERVING COAST GUARD ACADEMY AND RESERVE.—The number of officers authorized to be serving on active duty in each grade of the permanent commissioned teaching staff of the Coast Guard Academy and of the Reserve serving 

in connection with organizing, administering, recruiting, instructing, or training the 

reserve components shall be prescribed by the Secretary.’’. (b) CLERICAL AMENDMENT.—The analysis for chapter 3 of such title is amended 

by striking the item relating to section 42 and inserting the following: 

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

SEC. 205. COAST GUARD PARTICIPATION IN THE ARMED FORCES RETIREMENT HOME (AFRH) 

SYSTEM. 

(a) IN GENERAL.—Section 1502 of the Armed Forces Retirement Home Act of 1991 

(24 U.S.C. 401) is amended—

(1) by striking paragraph (4); 

(2) in paragraph (5)—

(A) by striking ‘‘and’’ at the end of subparagraph (C); 

(B) by striking the period at the end of subparagraph (D) and inserting 

‘‘; and’’; and 

(C) by inserting at the end the following: 

‘‘(E) the Assistant Commandant of the Coast Guard for Human Resources.’’; and 

(3) by adding at the end of paragraph (6) the following: 

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

(b) CONFORMING AMENDMENTS.—(1) Section 2772 of title 10, United States Code, 

is amended—

(A) in subsection (a) by inserting ‘‘or, in the case of the Coast Guard, the 

Commandant’’ after ‘‘concerned’’; and 

(B) by striking subsection (c). 

(2) Section 1007(i) of title 37, United States Code, is amended—

(A) in paragraph (3) by inserting ‘‘or, in the case of the Coast Guard, the 

Commandant’’ after ‘‘Secretary of Defense’’; 

(B) by striking paragraph (4); and 

(C) by redesignating paragraph (5) as paragraph (4). 

SEC. 206. GRANTS TO INTERNATIONAL MARITIME ORGANIZATIONS. 

Section 149 of title 14, United States Code, is amended by adding at the end the 

following: 

‘‘(c) GRANTS TO INTERNATIONAL MARITIME ORGANIZATIONS.—After consultation 

with the Secretary of State, the Commandant may make grants to, or enter into cooperative agreements, contracts, or other agreements with, international maritime 

organizations for the purpose of acquiring information or data about merchant vessel inspections, security, safety, classification, and port state or flag state law enforcement or oversight.’’. 

SEC. 207. EMERGENCY LEAVE RETENTION AUTHORITY. 

(a) IN GENERAL.—Chapter 11 of title 14, United States Code, is amended by inserting after section 425 the following: 

‘‘§ 426. Emergency leave retention authority 

‘‘With regard to a member of the Coast Guard who serves on active duty, a duty 

assignment in support of a declaration of a major disaster or emergency by the 

President under the Robert T. Stafford Disaster Relief and Emergency Assistance 

Act (42 U.S.C. 5121 et seq.) shall be treated, for the purpose of section 701(f)(2) of 

title 10, a duty assignment in support of a contingency operation.’’. 

(b) CLERICAL AMENDMENT.—The analysis for such chapter is amended by inserting after the item relating to section 425 the following new item: 

‘‘426. Emergency leave retention authority.’’. 


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SEC. 208. ENFORCEMENT AUTHORITY. 

(a) IN GENERAL.—Chapter 5 of title 14, United States Code, is amended by adding 

at the end the following: 

‘‘§ 99. Enforcement authority 

‘‘Subject to guidelines approved by the Secretary, members of the Coast Guard, 

in the performance of official duties, may— ‘‘(1) carry a firearm; and 

‘‘(2) while at a facility (as defined in section 70101 of title 46)— ‘‘(A) make an arrest without warrant for any offense against the United 

States; and ‘‘(B) seize property as otherwise provided by law.’’. (b) CONFORMING REPEAL.—The first section added to title 46, United States Code, 

by the amendment made by subsection (a) of section 801 of the Coast Guard and 

Maritime Transportation Act of 2004 (118 Stat. 1078), and the item relating to such 

first section enacted by the amendment made by subsection (b) of such section 801, 

are repealed. 

(c) CLERICAL AMENDMENT.—The analysis for such chapter is amended by adding 

at the end the following: 

‘‘99. Enforcement authority.’’. 

SEC. 209. REPEAL. 

Section 216 of title 14, United States Code, and the item relating to such section 

in the analysis for chapter 11 of such title, are repealed. 

SEC. 210. ADMIRALS AND VICE ADMIRALS. 

(a) VICE COMMANDANT.—Section 47 of title 14, United States Code, is amended 

by striking ‘‘vice admiral’’ and inserting ‘‘admiral’’. 

(b) VICE ADMIRALS.—Section 50 of title 14, United States Code, is amended to 

read as follows: 

‘‘§ 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. 


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‘‘(d) Whenever a vacancy occurs in a position designated under subsection (a), the 

Commandant shall inform the President of the qualifications needed by an officer 

serving in that position to carry out effectively the duties and responsibilities of that 

position.’’. 

(c) REPEAL.—Section 50a of title 14, United States Code, is repealed. 

(d) CONFORMING AMENDMENT.—Section 51(d)(2) of that title is amended by striking ‘‘Area Commander, or Chief of Staff’’ and inserting ‘‘or Vice Admirals’’. 

(e) CLERICAL AMENDMENTS.—

(1) The heading for section 47 of that title is amended by striking ‘‘assignment’’ and inserting ‘‘appointment’’. 

(2) The table of sections at the beginning of chapter 3 of that title is amended—

(A) by striking the item relating to section 47 and inserting the following: 

‘‘47. Vice Commandant; appointment.’’; 

(B) by striking the item relating to section 50 and inserting the following: 

‘‘50. Vice admirals.’’; 

and 

(C) by striking the item relating to section 50a. 

(f) TECHNICAL CORRECTION.—Section 47 of that title is further amended in the 

fifth sentence by striking ‘‘subsection’’ and inserting ‘‘section’’. 

SEC. 211. MERCHANT MARINER MEDICAL ADVISORY COMMITTEE. 

(a) IN GENERAL.—Chapter 71 of title 46, United States Code, is amended by adding at the end the following new section: 

‘‘§ 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 


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Committee may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5. 

‘‘(f) STAFF; SERVICES.—The Secretary shall furnish to the Committee the personnel and services as are considered necessary for the conduct of its business.’’. 

(b) FIRST MEETING.—No later than six months after the date of enactment of this 

Act, the Merchant Mariner Medical Advisory Committee established by the amendment made by this section shall hold its first meeting. 

(c) CLERICAL AMENDMENT.—The analysis for chapter 71 of that title is amended 

by adding at the end the following: 

‘‘7115. Merchant Mariner Medical Advisory Committee.’’. 

SEC. 212. RESERVE COMMISSIONED WARRANT OFFICER TO LIEUTENANT PROGRAM. 

Section 214(a) of title 14, United States Code, is amended to read as follows: 

‘‘(a) The president may appoint temporary commissioned officers—

‘‘(1) in the Regular Coast Guard in a grade, not above lieutenant, appropriate 

to their qualifications, experience, and length of service, as the needs of the 

Coast Guard may require, from among the commissioned warrant officers, warrant officers, and enlisted members of the Coast Guard, and from holders of licenses issued under chapter 71 of title 46; and 

‘‘(2) in the Coast Guard Reserve in a grade, not above lieutenant, appropriate 

to their qualifications, experience, and length of service, as the needs of the 

Coast Guard may require, from among the commissioned warrant officers of the 

Coast Guard Reserve.’’. 

SEC. 213. ENHANCED STATUS QUO OFFICER PROMOTION SYSTEM. 

Chapter 11 of title 14, United States Code, is amended—

(1) in section 253(a)—

(A) by inserting ‘‘and’’ after ‘‘considered,’’; and 

(B) by striking ‘‘, and the number of officers the board may recommend 

for promotion’’; 

(2) in section 258—

(A) by inserting ‘‘(a) IN GENERAL.—’’ before the existing text; 

(B) in subsection (a) (as so designated) by striking the colon at the end 

of the material preceding paragraph (1) and inserting ‘‘—’’; and 

(C) by adding at the end the following: 

‘‘(b) PROVISION OF DIRECTION AND GUIDANCE.—

‘‘(1) In addition to the information provided pursuant to subsection (a), the 

Secretary may furnish the selection board—

‘‘(A) specific direction relating to the needs of the Coast Guard for officers 

having particular skills, including direction relating to the need for a minimum number of officers with particular skills within a specialty; and 

‘‘(B) any other guidance that the Secretary believes may be necessary to 

enable the board to properly perform its functions. 

‘‘(2) Selections made based on the direction and guidance provided under this 

subsection shall not exceed the maximum percentage of officers who may be selected from below the announced promotion zone at any given selection board 

convened under section 251 of this title.’’; 

(3) in section 259(a), by inserting after ‘‘whom the board’’ the following: ‘‘, giving due consideration to the needs of the Coast Guard for officers with particular skills so noted in specific direction furnished to the board by the Secretary under section 258 of this title,’’; and 

(4) in section 260(b), by inserting after ‘‘qualified for promotion’’ the following: 

‘‘to meet the needs of the service (as noted in specific direction furnished the 

board by the Secretary under section 258 of this title)’’. 

SEC. 214. LASER TRAINING SYSTEM. 

(a) IN GENERAL.—Within one year after the date of enactment of this Act, the Secretary of the department in which the Coast Guard shall test an integrated laser 

engagement system for the training of members of the Coast Guard assigned to 

small vessels in the use of individual weapons and machine guns on those vessels. 

The test shall be conducted on vessels on the Great Lakes using similar laser equipment used by other Federal agencies. However, that equipment shall be adapted for 

use in the marine environment. 

(b) REPORT.—The Secretary shall submit a report to Congress within 6 months 

after the conclusions of the test required under subsection (a) on the costs and benefits of using the system regionally and nationwide to train members of the Coast 

Guard in the use of individual weapons and machine guns. 


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SEC. 215. COAST GUARD VESSELS AND AIRCRAFT. 

(a) AUTHORITY TO FIRE AT OR INTO A VESSEL.—Section 637(c) of title 14, United 

States Code, is amended— (1) in paragraph (1), by striking ‘‘; or’’ and inserting a semicolon; 

(2) in paragraph (2), by striking the period at the end and inserting ‘‘; or’’; 

and 

(3) by adding at the end the following: 

‘‘(3) any other vessel or aircraft owned by a government and used for noncommercial service when— ‘‘(A) the vessel or aircraft is under the tactical control of the Coast Guard; 

and ‘‘(B) at least one member of the Coast Guard is assigned and conducting 

a Coast Guard mission on the vessel or aircraft.’’. (b) AUTHORITY TO DISPLAY COAST GUARD ENSIGNS AND PENNANTS.—Section 

638(a) of title 14, United States Code, is amended by striking ‘‘Coast Guard vessels 

and aircraft’’ and inserting ‘‘Vessels and aircraft authorized by the Secretary’’. 

SEC. 216. COAST GUARD DISTRICT OMBUDSMEN. 

(a) IN GENERAL.—Chapter 3 of title 14, United States Code, is amended by adding 

at the end the following new section: 

‘‘§ 55. District Ombudsmen 

‘‘(a) IN GENERAL.—The Commandant shall appoint in each Coast Guard District 

a District Ombudsman to serve as a liaison between ports, terminal operators, shipowners, and labor representatives and the Coast Guard. ‘‘(b) PURPOSE.—The purpose of the District Ombudsman shall be the following: ‘‘(1) To support the operations of the Coast Guard in each port in the District 

for which the District Ombudsman is appointed. ‘‘(2) To seek to resolve 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 or by Coast Guard personnel. ‘‘(2) GUIDELINES FOR DISPUTES.— ‘‘(A) IN GENERAL.—The District Ombudsman shall develop guidelines regarding the types of disputes with respect to which the District Ombudsman will provide assistance. ‘‘(B) LIMITATION.—The District Ombudsman shall not provide assistance 

with respect to a dispute unless it involves the impact of Coast Guard requirements on port business and the flow of commerce. ‘‘(C) PRIORITY.—In providing such assistance, the District Ombudsman 

shall give priority to complaints brought by petitioners who believe they 

will suffer a significant hardship as the result of implementing a Coast 

Guard requirement or being denied a Coast Guard service. ‘‘(3) CONSULTATION.—The District Ombudsman may consult with any Coast 

Guard personnel who can aid in the investigation of a complaint. ‘‘(4) ACCESS TO INFORMATION.—The District Ombudsman shall have access to 

any 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 operating. 

‘‘(6) DEADLINE.—The District Ombudsman shall seek to resolve each complaint brought in accordance with the guidelines—

‘‘(A) in a timely fashion; and 

‘‘(B) not later than 4 months after the complaint is officially accepted by 

the District Ombudsman. 

‘‘(d) APPOINTMENT.—The Commandant shall appoint as the District Ombudsman 

a civilian who has experience in port and transportation systems and knowledge of 

port operations or of maritime commerce (or both). 

‘‘(e) ANNUAL REPORTS.—The Secretary shall report annually to the Committee on 

Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the matters 

brought before the District Ombudsmen, including—

‘‘(1) the number of matters brought before each District Ombudsman; 

‘‘(2) a brief summary of each such matter; and 

‘‘(3) the eventual resolution of each such matter.’’. 


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(b) CLERICAL AMENDMENT.—The analysis at the beginning of that chapter is 

amended by adding at the end the following new item: 

‘‘55. District Ombudsmen.’’. 

TITLE III—SHIPPING AND NAVIGATION 

SEC. 301. VESSEL SIZE LIMITS. 

(a) LENGTH, TONNAGE, AND HORSEPOWER.—Section 12113(d)(2) of title 46, United 

States Code, is amended—

(1) by inserting ‘‘and’’ after the semicolon at the end of subparagraph (A)(i); 

(2) by striking ‘‘and’’ at the end of subparagraph (A)(ii); 

(3) by striking subparagraph (A)(iii); 

(4) by striking the period at the end of subparagraph (B) and inserting ‘‘; or’’; 

and 

(5) by inserting at the end the following: 

‘‘(C) the vessel is either a rebuilt vessel or a replacement vessel under 

section 208(g) of the American Fisheries Act (title II of division C of Public 

Law 105–277; 112 Stat. 2681–627) and is eligible for a fishery endorsement 

under this section.’’. 

(b) CONFORMING AMENDMENTS.—

(1) VESSEL REBUILDING AND REPLACEMENT.—Section 208(g) of the American 

Fisheries Act (title II of division C of Public Law 105–277; 112 Stat. 2681–627) 

is amended to read as follows: 

‘‘(g) VESSEL REBUILDING AND REPLACEMENT.—

‘‘(1) IN GENERAL.—

‘‘(A) REBUILD OR REPLACE.—Notwithstanding any limitation to the contrary on replacing, rebuilding, or lengthening vessels or transferring permits or licenses to a replacement vessel contained in sections 679.2 and 

679.4 of title 50, Code of Federal Regulations, as in effect on the date of 

enactment of the Coast Guard Authorization Act of 2007 and except as provided in paragraph (4), the owner of a vessel eligible under subsection (a), 

(b), (c), (d), or (e) (other than paragraph (21)), in order to improve vessel 

safety and operational efficiencies (including fuel efficiency), may rebuild or 

replace that vessel (including fuel efficiency) with a vessel documented with 

a fishery endorsement under section 12113 of title 46, United States Code. 

‘‘(B) SAME REQUIREMENTS.—The rebuilt or replacement vessel shall be eligible in the same manner and subject to the same restrictions and limitations under such subsection as the vessel being rebuilt or replaced. 

‘‘(C) TRANSFER OF PERMITS AND LICENSES.—Each fishing permit and license held by the owner of a vessel or vessels to be rebuilt or replaced 

under subparagraph (A) shall be transferred to the rebuilt or replacement 

vessel. 

‘‘(2) RECOMMENDATIONS OF NORTH PACIFIC COUNCIL.—The North Pacific Council may recommend for approval by the Secretary such conservation and management measures, including size limits and measures to control fishing capacity, in accordance with the Magnuson-Stevens Act as it considers necessary to 

ensure that this subsection does not diminish the effectiveness of fishery management plans of the Bering Sea and Aleutian Islands Management Area or the 

Gulf of Alaska. 

‘‘(3) SPECIAL RULE FOR REPLACEMENT OF CERTAIN VESSELS.—

‘‘(A) IN GENERAL.—Notwithstanding the requirements of subsections 

(b)(2), (c)(1), and (c)(2) of section 12113 of title 46, United States Code, a 

vessel that is eligible under subsection (a), (b), (c), (d), or (e) (other than 

paragraph (21)) and that qualifies to be documented with a fishery endorsement pursuant to section 203(g) or 213(g) may be replaced with a replacement vessel under paragraph (1) if the vessel that is replaced is validly documented with a fishery endorsement pursuant to section 203(g) or 213(g) 

before the replacement vessel is documented with a fishery endorsement 

under section 12113 of title 46, United States Code. 

‘‘(B) APPLICABILITY.—A replacement vessel under subparagraph (A) and 

its owner and mortgagee are subject to the same limitations under section 

203(g) or 213(g) that are applicable to the vessel that has been replaced and 

its owner and mortgagee. 

‘‘(4) SPECIAL RULES FOR CERTAIN CATCHER VESSELS.—

‘‘(A) IN GENERAL.—A replacement for a covered vessel described in subparagraph (B) is prohibited from harvesting fish in any fishery (except for 

the Pacific whiting fishery) managed under the authority of any regional 


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fishery management council (other than the North Pacific Council) established under section 302(a) of the Magnuson-Stevens Act. ‘‘(B) COVERED VESSELS.—A covered vessel referred to in subparagraph (A) 

is— ‘‘(i) a vessel eligible under subsection (a), (b), or (c) that is replaced 

under paragraph (1); or ‘‘(ii) a vessel eligible under subsection (a), (b), or (c) that is rebuilt 

to increase its registered length, gross tonnage, or shaft horsepower. ‘‘(5) LIMITATION ON FISHERY ENDORSEMENTS.—Any vessel that is replaced 

under this subsection shall thereafter not be eligible for a fishery endorsement 

under section 12113 of title 46, United States Code, unless that vessel is also 

a replacement vessel described in paragraph (1). ‘‘(6) GULF OF ALASKA LIMITATION.—Notwithstanding paragraph (1), the Secretary shall prohibit from participation in the groundfish fisheries of the Gulf 

of Alaska any vessel that is rebuilt or replaced under this subsection and that 

exceeds the maximum length overall specified on the license that authorizes 

fishing for groundfish pursuant to the license limitation program under part 

679 of title 50, Code of Federal Regulations, as in effect on the date of enactment of the Coast Guard Authorization Act of 2007. ‘‘(7) AUTHORITY OF PACIFIC COUNCIL.—Nothing in this section shall be construed to diminish or otherwise affect the authority of the Pacific Council to recommend to the Secretary conservation and management measures to protect 

fisheries under its jurisdiction (including the Pacific whiting fishery) and participants in such fisheries from adverse impacts caused by this Act.’’. 

(2) EXEMPTION OF CERTAIN VESSELS.—Section 203(g) of the American Fisheries Act (title II of division C of Public Law 105–277; 112 Stat. 2681–620) is 

amended—

(A) by inserting ‘‘and’’ after ‘‘(United States official number 651041)’’; 

(B) by striking ‘‘, NORTHERN TRAVELER (United States official number 

635986), and NORTHERN VOYAGER (United States official number 

637398) (or a replacement vessel for the NORTHERN VOYAGER that complies with paragraphs (2), (5), and (6) of section 208(g) of this Act)’’; and 

(C) by striking ‘‘, in the case of the NORTHERN’’ and all that follows 

through ‘‘PHOENIX,’’. 

(3) FISHERY COOPERATIVE EXIT PROVISIONS.—Section 210(b) of the American 

Fisheries Act (title II of division C of Public Law 105–277; 112 Stat. 2681–629) 

is amended—

(A) by moving the matter beginning with ‘‘the Secretary shall’’ in paragraph (1) 2 ems to the right; 

(B) by adding at the end the following: 

‘‘(7) FISHERY COOPERATIVE EXIT PROVISIONS.—

‘‘(A) FISHING ALLOWANCE DETERMINATION.—For purposes of determining 

the aggregate percentage of directed fishing allowances under paragraph 

(1), when a catcher vessel is removed from the directed pollock fishery, the 

fishery allowance for pollock for the vessel being removed—

‘‘(i) shall be based on the catch history determination for the vessel 

made pursuant to section 679.62 of title 50, Code of Federal Regulations, as in effect on the date of enactment of the Coast Guard Authorization Act of 2007; and 

‘‘(ii) shall be assigned, for all purposes under this title, in the manner 

specified by the owner of the vessel being removed to any other catcher 

vessel or among other catcher vessels participating in the fishery cooperative if such vessel or vessels remain in the fishery cooperative for 

at least one year after the date on which the vessel being removed 

leaves the directed pollock fishery. 

‘‘(B) ELIGIBILITY FOR FISHERY ENDORSEMENT.—Except as provided in subparagraph (C), a vessel that is removed pursuant to this paragraph shall 

be permanently ineligible for a fishery endorsement, and any claim (including relating to catch history) associated with such vessel that could qualify 

any owner of such vessel for any permit to participate in any fishery within 

the exclusive economic zone of the United States shall be extinguished, unless such removed vessel is thereafter designated to replace a vessel to be 

removed pursuant to this paragraph. 

‘‘(C) LIMITATIONS ON STATUTORY CONSTRUCTION.—Nothing in this paragraph shall be construed—

‘‘(i) to make the vessels AJ (United States official number 905625), 

DONA MARTITA (United States official number 651751), NORDIC EXPLORER (United States official number 678234), and PROVIDIAN 

(United States official number 1062183) ineligible for a fishery endorseVerDate Aug 31 2005 22:09 Sep 21, 2007 Jkt 059006 PO 00000 Frm 00011 Fmt 6659 Sfmt 6621 E:\HR\OC\HR338P1.XXX HR338P1

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ment 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 MagnusonStevens Act; or 

‘‘(ii) to allow the vessels referred to in clause (i) to participate in any 

fishery under the authority of the Councils referred to in clause (i) in 

any manner that is not consistent with the fishery management plan 

for the fishery developed by the Councils under section 303 of the Magnuson-Stevens Act.’’. 

SEC. 302. GOODS AND SERVICES. 

Section 4(b) of the Act of July 5, 1884, commonly known as the Rivers and Harbors Appropriation Act of 1884 (33 U.S.C. 5(b)), is amended—

(1) by striking ‘‘or’’ at the end of paragraph (2)(C); 

(2) by striking the period at the end of paragraph (3) and inserting ‘‘; or’’; and 

(3) by adding at the end the following: 

‘‘(4) sales taxes on goods and services provided to or by vessels or watercraft 

(other than vessels or watercraft primarily engaged in foreign commerce).’’. 

SEC. 303. SEAWARD EXTENSION OF ANCHORAGE GROUNDS JURISDICTION. 

Section 7 of the Rivers and Harbors Appropriations Act of 1915 (33 U.S.C. 471) 

is amended—

(1) by striking ‘‘That the’’ and inserting the following: 

‘‘(a) IN GENERAL.—The’’. 

(2) in subsection (a) (as designated by paragraph (1)) by striking ‘‘$100; and 

the’’ and inserting ‘‘up to $10,000. Each day during which a violation continues 

shall constitute a separate violation. The’’; 

(3) by adding at the end the following: 

‘‘(b) DEFINITION.—As used in this section ‘navigable waters of the United States’

includes all waters of the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988.’’. 

SEC. 304. MARITIME DRUG LAW ENFORCEMENT ACT AMENDMENT-SIMPLE POSSESSION. 

Section 70506 of title 46, United States Code, is amended by adding at the end 

the following: 

‘‘(c) SIMPLE POSSESSION.—

‘‘(1) IN GENERAL.—Any individual on a vessel subject to the jurisdiction of the 

United States who is found by the Secretary, after notice and an opportunity 

for a hearing, to have knowingly or intentionally possessed a controlled substance within the meaning of the Controlled Substances Act (21 U.S.C. 812) 

shall be liable to the United States for a civil penalty of not to exceed $10,000 

for each violation. The Secretary shall notify the individual in writing of the 

amount of the civil penalty. 

‘‘(2) DETERMINATION OF AMOUNT.—In determining the amount of the penalty, 

the Secretary shall consider the nature, circumstances, extent, and gravity of 

the prohibited acts committed and, with respect to the violator, the degree of 

culpability, any history of prior offenses, ability to pay, and other matters that 

justice requires. 

‘‘(3) TREATMENT OF CIVIL PENALTY ASSESSMENT.—Assessment of a civil penalty 

under this subsection shall not be considered a conviction for purposes of State 

or Federal law but may be considered proof of possession if such a determination is relevant.’’. 

SEC. 305. TECHNICAL AMENDMENTS TO TONNAGE MEASUREMENT LAW. 

(a) DEFINITIONS.—Section 14101(4) of title 46, United States Code, is amended—

(1) by striking ‘‘engaged’’ the first place it appears and inserting ‘‘that engages’’; 

(2) in subparagraph (A), by striking ‘‘arriving’’ and inserting ‘‘that arrives’’; 

(3) in subparagraph (B)—

(A) by striking ‘‘making’’ and inserting ‘‘that makes’’; and 

(B) by striking ‘‘(except a foreign vessel engaged on that voyage)’’; 

(4) in subparagraph (C), by striking ‘‘departing’’ and inserting ‘‘that departs’’; 

and 

(5) in subparagraph (D), by striking ‘‘making’’ and inserting ‘‘that makes’’. 

(b) DELEGATION OF AUTHORITY.—Section 14103(c) of that title is amended by 

striking ‘‘intended to be engaged on’’ and inserting ‘‘that engages on’’. 

(c) APPLICATION.—Section 14301 of that title is amended—

(1) by amending subsection (a) to read as follows: 


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‘‘(a) Except as otherwise provided in this section, this chapter applies to any vessel for which the application of an international agreement or other law of the 

United States to the vessel depends on the vessel’s tonnage.’’; 

(2) in subsection (b)— (A) in paragraph (1), by striking the period at the end and inserting ‘‘, unless the government of the country to which the vessel belongs elects to 

measure the vessel under this chapter.’’; 

(B) in paragraph (3), by inserting ‘‘of United States or Canadian registry 

or nationality, or a vessel operated under the authority of the United States 

or Canada, and that is’’ after ‘‘vessel’’; 

(C) in paragraph (4), by striking ‘‘a vessel (except a vessel engaged’’ and 

inserting ‘‘a vessel of United States registry or nationality, or one operated 

under the authority of the United States (except a vessel that engages’’; 

(D) by striking paragraph (5); 

(E) by redesignating paragraph (6) as paragraph (5); and 

(F) by amending paragraph (5), as so redesignated, to read as follows: ‘‘(5) a barge of United States registry or nationality, or a barge operated 

under the authority of the United States (except a barge that engages on a foreign voyage) unless the owner requests.’’; 

(3) by striking subsection (c); 

(4) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively; and 

(5) in subsection (c), as redesignated, by striking ‘‘After July 18, 1994, an existing vessel (except an existing vessel referred to in subsection (b)(5)(A) or (B) 

of this section)’’ and inserting ‘‘An existing vessel that has not undergone a 

change that the Secretary finds substantially affects the vessel’s gross tonnage 

(or a vessel to which IMO Resolutions A.494 (XII) of November 19, 1981, A.540 

(XIII) of November 17, 1983, or A.541 (XIII) of November 17, 1983 apply)’’. (d) MEASUREMENT.—Section 14302(b) of that title is amended to read as follows: ‘‘(b) A vessel measured under this chapter may not be required to be measured 

under another law.’’. (e) TONNAGE CERTIFICATE.— (1) ISSUANCE.—Section 14303 of title 46, United States Code, is amended— (A) in subsection (a), by adding at the end the following: ‘‘For a vessel 

to which the Convention does not apply, the Secretary shall prescribe a certificate to be issued as evidence of a vessel’s measurement under this chapter.’’; 

(B) in subsection (b), by inserting ‘‘issued under this section’’ after ‘‘cer- tificate’’; and 

(C) in the section heading by striking ‘‘International’’ and ‘‘(1969)’’. (2) MAINTENANCE.—Section 14503 of that title is amended— (A) by designating the existing text as subsection (a); and 

(B) by adding at the end the following new subsection: ‘‘(b) The certificate shall be maintained as required by the Secretary.’’. (3) CLERICAL AMENDMENT.—The analysis at the beginning of chapter 143 of 

that title is amended by striking the item relating to section 14303 and inserting the following: 

‘‘14303. Tonnage Certificate.’’. 

(f) OPTIONAL REGULATORY MEASUREMENT.—Section 14305(a) of that title is 

amended by striking ‘‘documented vessel measured under this chapter,’’ and inserting ‘‘vessel measured under this chapter that is of United States registry or nationality, or a vessel operated under the authority of the United States,’’. (g) APPLICATION.—Section 14501 of that title is amended— (1) by amending paragraph (1) to read as follows: 

‘‘(1) A vessel not measured under chapter 143 of this title if the application 

of an international agreement or other law of the United States to the vessel 

depends on the vessel’s tonnage.’’; and 

(2) in paragraph (2), by striking ‘‘a vessel’’ and inserting ‘‘A vessel’’. (h) DUAL TONNAGE MEASUREMENT.—Section 14513(c) of that title is amended— (1) in paragraph (1)— (A) by striking ‘‘vessel’s tonnage mark is below the uppermost part of the 

load line marks,’’ and inserting ‘‘vessel is assigned two sets of gross and net 

tonnages under this section,’’; and 

(B) by inserting ‘‘vessel’s tonnage’’ before ‘‘mark’’ the second place such 

term appears; and 

(2) in paragraph (2), by striking the period at the end and inserting ‘‘as assigned under this section.’’. 

(i) RECIPROCITY FOR FOREIGN VESSELS.—Subchapter II of chapter 145 of that title 

is amended by adding at the end the following: 


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‘‘§ 14514. Reciprocity for foreign vessels 

‘‘For a foreign vessel not measured under chapter 143, if the Secretary finds that 

the laws and regulations of a foreign country related to measurement of vessels are 

substantially similar to those of this chapter and the regulations prescribed under 

this chapter, the Secretary may accept the measurement and certificate of a vessel 

of that foreign country as complying with this chapter and the regulations prescribed under this chapter.’’. 

(j) CLERICAL AMENDMENT.—The analysis for subchapter II of chapter 145 of such 

title is amended by adding at the end the following: 

‘‘14514. Reciprocity for foreign vessels.’’. 

SEC. 306. SEAMEN’S SHORESIDE ACCESS. 

Each facility security plan approved under section 70103(c) of title 46, United 

States Code, shall provide a system for seamen assigned to a vessel at that facility, 

pilots, and representatives of seamen’s welfare and labor organizations to board and 

depart the vessel through the facility in a timely manner at no cost to the individual. 

SEC. 307. FISHING VESSEL SAFETY. 

(a) SAFETY STANDARDS.—Section 4502 of title 46, United States Code, is amended—

(1) in subsection (a), by—

(A) striking paragraphs (6) and (7) and inserting the following: 

‘‘(6) other equipment required to minimize the risk of injury to the crew during vessel operations, if the Secretary determines that a risk of serious injury 

exists that can be eliminated or mitigated by that equipment; and’’; and 

(B) redesignating paragraph (8) as paragraph (7); 

(2) in subsection (b)—

(A) in paragraph (1) in the matter preceding subparagraph (A), by striking ‘‘documented’’; 

(B) in paragraph (1)(A), by striking ‘‘the Boundary Line’’ and inserting ‘‘3 

nautical miles from the baseline from which the territorial sea of the 

United States is measured or beyond 3 nautical miles from the coastline of 

the Great Lakes’’; 

(C) in paragraph (2)(B), by striking ‘‘lifeboats or liferafts’’ and inserting 

‘‘a survival craft that ensures that no part of an individual is immersed in 

water’’; 

(D) in paragraph (2)(D), by inserting ‘‘marine’’ before ‘‘radio’’; 

(E) in paragraph (2)(E), by striking ‘‘radar reflectors, nautical charts, and 

anchors’’ and inserting ‘‘nautical charts, and publications’’; 

(F) in paragraph (2)(F), by striking ‘‘, including medicine chests’’ and inserting ‘‘and medical supplies sufficient for the size and area of operation 

of the vessel’’ and 

(G) by amending paragraph (2)(G) to read as follows: 

‘‘(G) ground tackle sufficient for the vessel.’’; 

(3) by amending subsection (f) to read as follows: 

‘‘(f) To ensure compliance with the requirements of this chapter, the Secretary—

‘‘(1) shall require the individual in charge of a vessel described in subsection 

(b) to keep a record of equipment maintenance, and required instruction and 

drills; and 

‘‘(2) shall examine at dockside a vessel described in subsection (b) at least 

twice every 5 years, and shall issue a certificate of compliance to a vessel meeting the requirements of this chapter.’’; and 

(4) by adding at the end the following: 

‘‘(g)(1) The individual in charge of a vessel described in subsection (b) must pass 

a training program approved by the Secretary that meets the requirements in paragraph (2) of this subsection and hold a valid certificate issued under that program. 

‘‘(2) The training program shall—

‘‘(A) be based on professional knowledge and skill obtained through sea service and hands-on training, including training in seamanship, stability, collision 

prevention, navigation, fire fighting and prevention, damage control, personal 

survival, emergency medical care, and weather; 

‘‘(B) require an individual to demonstrate ability to communicate in an emergency situation and understand information found in navigation publications; 

‘‘(C) recognize and give credit for recent past experience in fishing vessel operation; and 

‘‘(D) provide for issuance of a certificate to an individual that has successfully 

completed the program. 


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‘‘(3) The Secretary shall prescribe regulations implementing this subsection. The 

regulations shall require that individuals who are issued a certificate under paragraph (2)(D) must complete refresher training at least once every 5 years as a condition of maintaining the validity of the certificate. 

‘‘(4) The Secretary shall establish a publicly accessible electronic database listing 

the names of individuals who have participated in and received a certificate confirming successful completion of a training program approved by the Secretary 

under this section. 

‘‘(h) A vessel to which this chapter applies shall be constructed in a manner that 

provides a level of safety equivalent to the minimum safety standards the Secretary 

may established for recreational vessels under section 4302, if—

‘‘(1) subsection (b) of this section applies to the vessel; 

‘‘(2) the vessel is less than 50 feet overall in length; and 

‘‘(3) the vessel is built after January 1, 2008. 

‘‘(i)(1) The Secretary shall establish a Fishing Safety Training Grants Program to 

provide funding to municipalities, port authorities, other appropriate public entities, 

not-for-profit organizations, and other qualified persons that provide commercial 

fishing safety training—

‘‘(A) to conduct fishing vessel safety training that meets the requirements of 

subsection (g); and 

‘‘(B) for purchase of safety equipment and training aids for use in those fishing vessel safety training programs. 

‘‘(2) The Secretary shall award grants under this subsection on a competitive 

basis. 

‘‘(3) The Federal share of the cost of any activity carried out with a grant under 

this subsection shall not exceed 75 percent. 

‘‘(4) There is authorized to be appropriated $3,000,000 for each of fiscal years 2008 

through 2012 for grants under this subsection. 

‘‘(j)(1) The Secretary shall establish a Fishing Safety Research Grant Program to 

provide funding to individuals in academia, members of non-profit organizations and 

businesses involved in fishing and maritime matters, and other persons with expertise in fishing safety, to conduct research on methods of improving the safety of the 

commercial fishing industry, including vessel design, emergency and survival equipment, enhancement of vessel monitoring systems, communications devices, de-icing 

technology, and severe weather detection. 

‘‘(2) The Secretary shall award grants under this subsection on a competitive 

basis. 

‘‘(3) The Federal share of the cost of any activity carried out with a grant under 

this subsection shall not exceed 75 percent.’’. 

(b) CONFORMING AMENDMENT.—Section 4506(b) of title 46, United States Code, is 

repealed. 

(c) ADVISORY COMMITTEE.—

(1) CHANGE OF NAME.—Section 4508 of title 46, United States Code, is amended—

(A) by striking the section heading and inserting the following: 

‘‘§ 4508. Commercial Fishing Safety Advisory Committee’’; 

and 

(B) in subsection (a) by striking ‘‘Industry Vessel’’. 

(2) CLERICAL AMENDMENT.—The table of section at the beginning of chapter 

45 of title 46, United States Code, is amended by striking the item relating to 

such section and inserting the following: 

‘‘4508. Commercial Fishing Safety Advisory Committee.’’. 

(d) LOADLINES FOR VESSELS OVER 79 FEET.—Section 5102(b)(3) of title 46, United 

States Code, is amended by inserting after ‘‘vessel’’ the following ‘‘, unless the vessel 

is built or undergoes a major conversion completed after January 1, 2008’’. 

(e) CLASSING OF VESSELS.—

(1) IN GENERAL.—Section 4503 of title 46, United States Code, is amended—

(A) by striking the section heading and inserting the following: 

‘‘§ 4503. Fishing, fish tender, and fish processing vessel certification’’; 

(B) in subsection (a) by striking ‘‘fish processing’’; and 

(C) by adding at the end the following: 

‘‘(c) This section applies to a vessel to which section 4502(b) of this title applies 

that—

‘‘(1) is at least 50 feet overall in length; 

‘‘(2) is built after January 1, 2008; or 

‘‘(3) undergoes a major conversion completed after that date. 


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‘‘(d) After January 1, 2018, this section applies to a fishing vessel or fish tender 

vessel that is built before January 1, 2008, and is 25 years of age or older, unless 

the vessel complies with an alternate safety compliance program prescribed by the 

Secretary.’’. 

(2) CLERICAL AMENDMENT.—The table of section at the beginning of chapter 

45 of title 46, United States Code, is amended by striking the item relating to 

such section and inserting the following: 

‘‘4503. Fishing, fish tender, and fish processing vessel certification.’’. 

(f) ALTERNATIVE SAFETY COMPLIANCE PROGRAM.—No later than January 1, 2015, 

the Secretary of the department in which the Coast Guard is operating shall prescribe an alternative safety compliance program referred to in section 4503(d) of the 

title 46, United States Code, as amended by this section. 

SEC. 308. MARINER RECORDS. 

Section 7502 of title 46, United States Code, is amended—

(1) by inserting ‘‘(a)’’ before ‘‘The’’; 

(2) by striking ‘‘computerized records’’ and inserting ‘‘records, including electronic records,’’; and 

(3) by adding at the end the following: 

‘‘(b) The Secretary may prescribe regulations requiring a vessel owner or managing operator of a commercial vessel, or the employer of a seaman on that vessel, 

to maintain records of each individual engaged on the vessel on matters of engagement, discharge, and service for not less than 5 years after the date of the completion of the service of that individual on the vessel. The regulations may require that 

a vessel owner, managing operator, or employer shall make these records available 

to the individual and the Coast Guard on request. 

‘‘(c) A person violating this section, or a regulation prescribed under this section, 

is liable to the United States Government for a civil penalty of not more than 

$5,000.’’. 

SEC. 309. DELETION OF EXEMPTION OF LICENSE REQUIREMENT FOR OPERATORS OF CERTAIN TOWING VESSELS. 

Section 8905 of title 46, United States Code, is amended—

(1) by striking subsection (b); and 

(2) by redesignating subsection (c) as subsection (b). 

SEC. 310. ADJUSTMENT OF LIABILITY LIMITS FOR NATURAL GAS DEEPWATER PORTS. 

Section 1004(d)(2) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(d)(2)) is amended by adding at the end the following: 

‘‘(D) The Secretary may establish, by regulation, a limit of liability of not 

less than $12,000,000 for a deepwater port used only in connection with 

transportation of natural gas.’’. 

SEC. 311. PERIOD OF LIMITATIONS FOR CLAIMS AGAINST OIL SPILL LIABILITY TRUST FUND. 

Section 1012(h)(1) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(h)(1)) is amended by striking ‘‘6’’ and inserting ‘‘3’’. 

SEC. 312. LOG BOOKS. 

(a) IN GENERAL.—Chapter 113 of title 46, United States Code, is amended by adding at the end the following: 

‘‘§ 11304. Additional logbook and entry requirements 

‘‘(a) A vessel of the United States that is subject to inspection under section 3301 

of this title, except a vessel on a voyage from a port in the United States to a port 

in Canada, shall have an official logbook. 

‘‘(b) The log book required by subsection (a) shall include the following entries: 

‘‘(1) The time when each seaman and each officer assumed or relieved the 

watch. 

‘‘(2) The number of hours in service to the vessels of each seaman and each 

officer. 

‘‘(3) An account of each accident, illness, and injury that occurs during each 

watch.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter 

is amended by adding at the end the following: 

‘‘11304. Additional logbook and entry requirements.’’. 

SEC. 313. UNSAFE OPERATION. 

(a) IN GENERAL.—Chapter 21 of title 46, United States Code, is amended by adding at the end the following new section: 


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‘‘§ 2116. Termination for unsafe operation 

‘‘An individual authorized to enforce this title— ‘‘(1) may remove a certificate required by this title from a vessel that is operating in a condition that does not comply with the provisions of the certificate; ‘‘(2) may order the individual in charge of a vessel that is operating that does 

not have on board the certificate required by this title to return the vessel to 

a mooring and to remain there until the vessel is in compliance with this title; 

and ‘‘(3) may direct the individual in charge of a vessel to which this title applies 

to immediately take reasonable steps necessary for the safety of individuals on 

board the vessel if the official observes the vessel being operated in an unsafe 

condition that the official believes creates an especially hazardous condition, including ordering the individual in charge to return the vessel to a mooring and 

to remain there until the situation creating the hazard is corrected or ended.’’. (b) CLERICAL AMENDMENT.—The table of sections at the beginning of that title is 

amended by adding at the end the following: 

‘‘2116. Termination for unsafe operation.’’. 

SEC. 314. APPROVAL OF SURVIVAL CRAFT. 

(a) IN GENERAL.—Chapter 31 of title 46, United States Code, is amended by adding at the end the following new section: 

‘‘§ 3104. Survival craft 

‘‘(a) Except as provided in subsection (b), the Secretary may not approve a survival craft as a safety device for purposes of this part, unless the craft ensures that 

no part of an individual is immersed in water. ‘‘(b) The Secretary may authorize a survival craft that does not provide protection 

described in subsection (a) to remain in service until not later than January 1, 2013, 

if— ‘‘(1) it was approved by the Secretary before January 1, 2008; and 

‘‘(2) it is in serviceable condition.’’. (b) CLERICAL AMENDMENT.—The table of sections at the beginning of that title is 

amended by adding at the end the following: 

‘‘3104. Survival craft.’’. 

SEC. 315. SAFETY MANAGEMENT. 

(a) VESSELS TO WHICH REQUIREMENTS APPLY.—Section 3202 of title 46, United 

States Code, is amended— (1) in subsection (a) by striking the heading and inserting ‘‘FOREIGN VOYAGES

AND FOREIGN VESSELS.—’’; 

(2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; 

(3) by inserting after subsection (a) the following: ‘‘(b) OTHER PASSENGER VESSELS.—This chapter applies to a vessel that is— ‘‘(1) a passenger vessel or small passenger vessel; and 

‘‘(2) is transporting more passengers than a number prescribed by the Secretary based on the number of individuals on the vessel that could be killed or 

injured in a marine casualty.’’; 

(4) in subsection (d), as so redesignated, by striking ‘‘subsection (b)’’ and inserting ‘‘subsection (c)’’; 

(5) in subsection (d)(4), as so redesignated, by inserting ‘‘that is not described 

in subsection (b) of this section’’ after ‘‘waters’’. (b) SAFETY MANAGEMENT SYSTEM.—Section 3203 of title 46, United States Code, 

is amended by adding at the end the following new subsection: 

‘‘(c) In prescribing regulations for passenger vessels and small passenger vessels, 

the Secretary shall consider the characteristics, methods of operation, and nature 

of the service of these vessels.’’. 

SEC. 316. PROTECTION AGAINST DISCRIMINATION. 

(a) IN GENERAL.—Section 2114 of title 46, United States Code, is amended—

(1) in subsection (a)(1)(A), by striking ‘‘or’’ after the semicolon; 

(2) in subsection (a)(1)(B), by striking the period at the end and inserting a 

semicolon; 

(3) by adding at the end of subsection (a)(1) the following new subparagraphs: 

‘‘(C) the seaman testified in a proceeding brought to enforce a maritime safety 

law or regulation prescribed under that law; 

‘‘(D) the seaman notified, or attempted to notify, the vessel owner or the Secretary of a work-related personal injury or work-related illness of a seaman; 

‘‘(E) the seaman cooperated with a safety investigation by the Secretary or the 

National Transportation Safety Board; 


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‘‘(F) the seaman furnished information to the Secretary, the National Transportation Safety Board, or any other public official as to the facts relating to 

any marine casualty resulting in injury or death to an individual or damage to 

property occurring in connection with vessel transportation; or 

‘‘(G) the seaman accurately reported hours of duty under this part.’’; and 

(4) by amending subsection (b) to read as follows: 

‘‘(b) A seaman alleging discharge or discrimination in violation of subsection (a) 

of this section, or another person at the seaman’s request, may file a complaint with 

respect to such allegation in the same manner as a complaint may be filed under 

subsection (b) of section 31105 of title 49. Such complaint shall be subject to the 

procedures, requirements, and rights described in that section, including with respect to the right to file an objection, the right of a person to file for a petition for 

review under subsection (c) of that section, and the requirement to bring a civil action under subsection (d) of that section.’’. 

(b) EXISTING ACTIONS.—This section shall not affect the application of section 

2114(b) of title 46, United States Code, as in effect before the date of enactment of 

this Act, to an action filed under that section before that date. 

SEC. 317. DRY BULK CARGO RESIDUE. 

Section 623(a)(2) of the Coast Guard and Maritime Transportation Act of 2004 (33 

U.S.C. 1901 note) is amended by striking ‘‘2008’’ and inserting ‘‘2009’’. 

SEC. 318. CLARIFICATION OF DELEGATION OF AUTHORITY TO CLASSIFICATION SOCIETIES. 

Section 3316 of title 46, United States Code, is amended—

(1) in subsection (b)(1), by inserting ‘‘or for a floating installation’’ after ‘‘chapter 121 of this title’’; 

(2) in subsection (b)(2)(A), by inserting ‘‘or for floating installations’’ after 

‘‘vessels documented in that country’’; 

(3) in subsection (b)(3)(A), by inserting ‘‘or floating installation’’ after ‘‘after 

the vessel’’; and 

(4) by adding at the end the following new subsection: 

‘‘(d) For purposes of this section, the term ‘floating installation’ means any installation, structure, or other device that floats and that either dynamically holds position or is temporarily or permanently attached to the seabed or subsoil under the 

territorial sea of the United States or the outer Continental Shelf (as that term is 

defined in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331)), and 

is used for the purpose of exploring for, developing, producing, or storing the resources from that seabed or subsoil.’’. 

SEC. 319. REGISTRY ENDORSEMENT FOR LNG VESSELS. 

Section 12111 of title 46, United States Code, is amended by adding at the end 

the following: 

‘‘(d) A vessel or facility for which a registry endorsement is not issued may not 

engage in regassifying on navigable waters unless the vessel or facility transported 

the gas from a foreign port.’’. 

SEC. 320. OATHS. 

Sections 7105 and 7305 of title 46, United States Code, and the items relating 

to such sections in the analysis for chapters 71 and 73 of such title, are repealed. 

SEC. 321. DURATION OF CREDENTIALS. 

(a) MERCHANT MARINER’S DOCUMENTS.—Section 7302(f) of title 46, United States 

Code, is amended to read as follows: 

‘‘(f) PERIODS OF VALIDITY AND RENEWAL OF MERCHANT MARINERS’ DOCUMENTS.—

‘‘(1) IN GENERAL.—Except as provided in subsection (g), a merchant mariner’s 

document issued under this chapter is valid for a 5-year period and may be renewed for additional 5-year periods. 

‘‘(2) ADVANCE RENEWALS.—A renewed merchant mariner’s document may be 

issued under this chapter up to 8 months in advance but is not effective until 

the date that the previously issued merchant mariner’s document expires.’’. 

(b) DURATION OF LICENSES.—Section 7106 of such title is amended to read as follows: 

‘‘§ 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. 


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‘‘(b) ADVANCE RENEWALS.—A renewed license issued under this part may be 

issued up to 8 months in advance but is not effective until the date that the previously issued license expires.’’. 

(c) CERTIFICATES OF REGISTRY.—Section 7107 of such title is amended to read as 

follows: 

‘‘§ 7107. Duration of certificates of registry 

‘‘(a) IN GENERAL.—A certificate of registry issued under this part is valid for a 

5-year period and may be renewed for additional 5-year periods; except that the validity of a certificate issued to a medical doctor or professional nurse is conditioned 

on the continuous possession by the holder of a license as a medical doctor or registered nurse, respectively, issued by a State. 

‘‘(b) ADVANCE RENEWALS.—A renewed certificate of registry issued under this part 

may be issued up to 8 months in advance but is not effective until the date that 

the previously issued certificate of registry expires.’’. 

SEC. 322. FINGERPRINTING. 

(a) MERCHANT MARINER LICENSES AND DOCUMENTS.—Chapter 75 of title 46, 

United States Code, is amended by adding at the end the following: 

‘‘§ 7507. Fingerprinting 

‘‘The Secretary of the Department in which the Coast Guard is operating may not 

require an individual to be fingerprinted for the issuance or renewal of a license, 

a certificate of registry, or a merchant mariner’s document under chapter 71 or 73 

if the individual was fingerprinted when the individual applied for a transportation 

security card under section 70105.’’. 

(b) CLERICAL AMENDMENT.—The analysis for such chapter is amended by adding 

at the end the following: 

‘‘7507. Fingerprinting.’’. 

SEC. 323. AUTHORIZATION TO EXTEND THE DURATION OF LICENSES, CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS’ DOCUMENTS. 

(a) MERCHANT MARINER LICENSES AND DOCUMENTS.—Chapter 75 of title 46, 

United States Code, as amended by section 322(a) of this Act, is further amended 

by adding at the end the following: 

‘‘§ 7508. Authority to extend the duration of licenses, certificates of registry, 

and merchant mariner documents 

‘‘(a) LICENSES AND CERTIFICATES OF REGISTRY.—Notwithstanding section 7106 

and 7107, the Secretary of the department in which the Coast Guard is operating 

may extend for one year an expiring license or certificate of registry issued for an 

individual under chapter 71 if the Secretary determines that extension is required 

to enable the Coast Guard to eliminate a backlog in processing applications for 

those licenses or certificates of registry. 

‘‘(b) MERCHANT MARINER DOCUMENTS.—Notwithstanding section 7302(g), the Secretary may extend for one year an expiring merchant mariner’s document issued for 

an individual under chapter 71 if the Secretary determines that extension is required to enable the Coast Guard to eliminate a backlog in processing applications 

for those documents. 

‘‘(c) MANNER OF EXTENSION.—Any extensions granted under this section may be 

granted to individual seamen or a specifically identified group of seamen. 

‘‘(d) EXPIRATION OF AUTHORITY.—The authority for providing an extension under 

this section shall expire on June 30, 2009.’’. 

(b) CLERICAL AMENDMENT.—The analysis for such chapter, as amended by section 

322(b), is further amended by adding at the end the following: 

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

SEC. 324. MERCHANT MARINER DOCUMENTATION. 

(a) INTERIM CLEARANCE PROCESS.—Not later than 180 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is 

operating shall develop an interim clearance process for issuance of a merchant 

mariner document to enable a newly hired seaman to begin working on an offshore 

supply vessel or towing vessel if the Secretary makes an initial determination that 

the seaman does not pose a safety and security risk. 

(b) CONTENTS OF PROCESS.—The process under subsection (a) shall include a 

check against the consolidated and integrated terrorist watch list maintained by the 

Federal Government, review of the seaman’s criminal record, and review of the results of testing the seaman for use of a dangerous drug (as defined in section 2101 

of title 46, United States Code) in violation of law or Federal regulation. 


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SEC. 325. MERCHANT MARINER ASSISTANCE REPORT. 

Not later than 180 days after the date of enactment of this Act, the Commandant 

of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate a report regarding a plan—

(1) to expand the streamlined evaluation process program that was affiliated 

with the Houston Regional Examination Center of the Coast Guard to all processing centers of the Coast Guard nationwide; 

(2) to include proposals to simplify the application process for a license as an 

officer, staff officer, or operator and for a merchant mariner’s document to help 

eliminate errors by merchant mariners when completing the application form 

(CG–719B), including instructions attached to the application form and a modified application form for renewals with questions pertaining only to the period 

of time since the previous application; 

(3) to provide notice to an applicant of the status of the pending application, 

including a process to allow the applicant to check on the status of the application by electronic means; and 

(4) to ensure that all information collected with respect to applications for 

new or renewed licenses, merchant mariner documents, and certificates of registry is retained in a secure electronic format. 

SEC. 326. MERCHANT MARINER SHORTAGE REPORT. 

Not later than 180 days after the date of enactment of this Act, the Secretary of 

Transportation, acting through the Administrator of the Maritime Administration, 

shall submit to the Committee on Transportation and Infrastructure of the House 

of Representatives and the Committee on Commerce, Science, and Transportation 

of the Senate a report concerning methods to address the current and future shortage in the number of merchant mariners, particularly entry-level mariners, including an evaluation of whether an educational loan program providing loans for the 

cost of on-the-job training would provide an incentive for workers and help alleviate 

the shortage. 

SEC. 327. MERCHANT MARINER DOCUMENT STANDARDS. 

Not later than 270 days after the date of enactment of this Act, the Secretary of 

the department in which the Coast Guard is operating shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and 

the Committee on Commerce, Science, and Transportation of the Senate—

(1) a plan to ensure that the process for an application, by an individual who 

has, or has applied for, a transportation security card under section 70105 of 

title 46, United States Code, for a merchant mariner document can be completed entirely by mail; and 

(2) a report on the feasibility of, and a timeline to, redesign the merchant 

mariner document to comply with the requirements of such section, including 

a biometric identifier, and all relevant international conventions, including the 

International Labour Organization Convention Number 185 concerning the seafarers identity document, and include a review on whether or not such redesign 

will eliminate the need for separate credentials and background screening and 

streamline the application process for mariners. 

SEC. 328. WATERSIDE SECURITY AROUND LIQUEFIED NATURAL GAS TERMINALS AND LIQUEFIED NATURAL GAS TANKERS. 

(a) IN GENERAL.—The Commandant of the Coast Guard shall be responsible for 

providing waterside security services around liquefied natural gas terminals and 

around tankers transporting liquefied natural gas in security zones established by 

the Coast Guard. 

(b) LIMITATION ON RELIANCE ON STATE AND LOCAL GOVERNMENT.—Security arrangements approved as part of the facility security plan approved under section 

70103 of title 46, United States Code, for an onshore liquefied natural gas terminal 

may not be based upon the provision of security by a State or local government unless the State or local government has entered into a contract, cooperative agreement, or other arrangement with the terminal operator to provide such services and 

the Secretary certifies that the waterborne patrols operated by State or local governments have the training, resources, personnel, equipment, and experience necessary 

to successfully deter all transportation security incidents (as that term is defined 

in section 70101 of title 46, United States Code). 

(c) ENFORCEMENT OF SECURITY ZONES.—Security zones established by the Coast 

Guard around tankers transporting liquefied natural gas shall be enforced by the 

Coast Guard. 

(d) CERTIFICATION REQUIRED FOR NEW LNG TERMINALS.—The Secretary of the department in which the Coast Guard is operating may not approve a facility security 


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plan under section 70103 of title 46, United States Code, for a liquefied natural gas 

terminal the construction of which is begun after the date of enactment of this Act 

unless the Secretary certifies that the Coast Guard sector in which the terminal is 

located has all of the assets it needs to provide waterside security around the terminal and to provide security around tankers transporting liquefied natural gas in 

security zones established by the Coast Guard. 

TITLE IV—MISCELLANEOUS PROVISIONS 

SEC. 401. CERTIFICATE OF DOCUMENTATION FOR GALLANT LADY. 

Section 1120(c) of the Coast Guard Authorization Act of 1996 (110 Stat. 3977) is 

amended— (1) in paragraph (1)— (A) by striking ‘‘of Transportation’’ and inserting ‘‘of the department in 

which the Coast Guard is operating’’; and 

(B) by striking subparagraph (A) and inserting the following: 

‘‘(A) the vessel GALLANT LADY (Feadship hull number 672, approximately 168 feet in length).’’; 

(2) by striking paragraphs (3) and (4) and redesignating paragraph (5) as 

paragraph (3); and 

(3) in paragraph (3) (as so redesignated) by striking all after ‘‘shall expire’’ and inserting ‘‘on the date of the sale of the vessel by the owner.’’. 

SEC. 402. WAIVER. 

Notwithstanding section 12112 and chapter 551 of title 46, United States Code, 

the Secretary of the department in which the Coast Guard is operating may issue 

a certificate of documentation with a coastwise endorsement for the OCEAN 

VERITAS (IMO Number 7366805). 

SEC. 403. GREAT LAKES MARITIME RESEARCH INSTITUTE. 

Section 605 of the Coast Guard and Maritime Transportation Act of 2004 (118 

Stat. 1052) is amended— (1) in subsection (b)(1)— (A) by striking ‘‘The Secretary of Transportation shall conduct a study 

that’’ and inserting ‘‘The Institute shall conduct maritime transportation 

studies of the Great Lakes region, including studies that’’; 

(B) in subparagraphs (A), (B), (C), (E), (F), (H), (I), and (J) by striking ‘‘evaluates’’ and inserting ‘‘evaluate’’; 

(C) in subparagraphs (D) and (G) by striking ‘‘analyzes’’ and inserting ‘‘analyze’’; 

(D) by striking ‘‘and’’ at the end of subparagraph (I); 

(E) by striking the period at the end of subparagraph (J) and inserting 

a semicolon; 

(F) by adding at the end the following: 

‘‘(K) identify ways to improve the integration of the Great Lakes marine 

transportation system into the national transportation system; ‘‘(L) examine the potential of expanded operations on the Great Lakes 

marine transportation system; ‘‘(M) identify ways to include intelligent transportation applications into 

the Great Lakes marine transportation system; ‘‘(N) analyze the effects and impacts of aging infrastructure and port corrosion on the Great Lakes marine transportation system; ‘‘(O) establish and maintain a model Great Lakes marine transportation 

system database; and ‘‘(P) identify market opportunities for, and impediments to, the use of 

United States-flag vessels in trade with Canada on the Great Lakes.’’; and 

(2) by striking subsection (b)(4) and inserting the following: 

‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out paragraph (1)—

‘‘(A) $2,100,000 for fiscal year 2007; 

‘‘(B) $2,200,000 for fiscal year 2008; 

‘‘(C) $2,300,000 for fiscal year 2009; 

‘‘(D) $2,400,000 for fiscal year 2010; and 

‘‘(E) $2,500,000 for fiscal year 2011.’’. 

SEC. 404. CONVEYANCE. 

(a) STATION BRANT POINT BOAT HOUSE.—

(1) REQUIREMENT.—The Secretary of the department in which the Coast 

Guard is operating shall convey to the town of Nantucket, Massachusetts, all 


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right, title, and interest of the United States in and to the buildings known as 

the Station Brant Point Boat House located at Coast Guard Station Brant 

Point, Nantucket, Massachusetts, for use for a public purpose. 

(2) TERMS OF CONVEYANCE.—A conveyance of the building under paragraph 

(1) shall be made—

(A) without the payment of consideration; and 

(B) subject to appropriate terms and conditions the Secretary considers 

necessary. 

(3) REVERSIONARY INTEREST.—All right, title, and interest in property conveyed under this subsection shall revert to the United States if any portion of 

the property is used other than for a public purpose. 

(b) LEASE.—

(1) REQUIREMENT.—The Secretary of the department in which the Coast 

Guard is operating shall enter into a lease with the town of Nantucket that authorizes the town of Nantucket to occupy the land on which the buildings conveyed under subsection (a) are located, subject to appropriate terms and conditions the Secretary considers necessary. 

(2) LEASE TERM.—A lease under this subsection shall not expire before January 31, 2033. 

(3) TERMINATION OF LEASE.—If the Secretary determines that the property 

leased under paragraph (1) is necessary for purposes of the Coast Guard, the 

Secretary—

(A) may terminate the lease without payment of compensation; and 

(B) shall provide the town of Nantucket not less than 12 months notice 

of the requirement to vacate the site and move the buildings conveyed 

under subsection (a) to another location. 

SEC. 405. CREW WAGES ON PASSENGER VESSELS. 

(a) FOREIGN AND INTERCOASTAL VOYAGES.—

(1) CAP ON PENALTY WAGES.—Section 10313(g) of title 46, United States Code, 

is amended—

(A) by striking ‘‘When’’ and inserting ‘‘(1) Subject to paragraph (2), when’’; 

and 

(B) by adding at the end the following: 

‘‘(2) The total amount required to be paid under paragraph (1) with respect to all 

claims in a class action suit by seamen on a passenger vessel capable of carrying 

more than 500 passengers for wages under this section against a vessel master, 

owner, or operator or the employer of the seamen shall not exceed ten times the 

unpaid wages that are the subject of the claims. 

‘‘(3) A class action suit for wages under this subsection must be commenced within 

three years after the later of—

‘‘(A) the date of the end of the last voyage for which the wages are claimed; 

or 

‘‘(B) the receipt, by a seaman who is a claimant in the suit, of a payment of 

wages that are the subject of the suit that is made in the ordinary course of 

employment.’’. 

(2) DEPOSITS.—Section 10315 of such title is amended by adding at the end 

the following: 

‘‘(f) DEPOSITS IN SEAMAN ACCOUNT.—A seaman employed on a passenger vessel 

capable of carrying more than 500 passengers may authorize, by written request 

signed by the seaman, the master, owner, or operator of the vessel, or the employer 

of the seaman, to make deposits of wages of the seaman into a checking, savings, 

investment, or retirement account, or other account to secure a payroll or debit card 

for the seaman if—

‘‘(1) the wages designated by the seaman for such deposit are deposited in a 

United States or international financial institution designated by the seaman; 

‘‘(2) such deposits in the financial institution are fully guaranteed under commonly accepted international standards by the government of the country in 

which the financial institution is licensed; 

‘‘(3) a written wage statement or pay stub, including an accounting of any direct deposit, is delivered to the seaman no less often than monthly; and 

‘‘(4) while on board the vessel on which the seaman is employed, the seaman 

is able to arrange for withdrawal of all funds on deposit in the account in which 

the wages are deposited.’’. 

(b) COASTWISE VOYAGES.—

(1) CAP ON PENALTY WAGES.—Section 10504(c) of such title is amended—

(A) by striking ‘‘When’’ and inserting ‘‘(1) Subject to subsection (d), and 

except as provided in paragraph (2), when’’; and 

(B) by inserting at the end the following: 


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‘‘(2) The total amount required to be paid under paragraph (1) with respect to all 

claims in a class action suit by seamen on a passenger vessel capable of carrying 

more than 500 passengers for wages under this section against a vessel master, 

owner, or operator or the employer of the seamen shall not exceed ten times the 

unpaid wages that are the subject of the claims. 

‘‘(3) A class action suit for wages under this subsection must be commenced within 

three years after the later of—

‘‘(A) the date of the end of the last voyage for which the wages are claimed; 

or 

‘‘(B) the receipt, by a seaman who is a claimant in the suit, of a payment of 

wages that are the subject of the suit that is made in the ordinary course of 

employment.’’. 

(2) DEPOSITS.—Section 10504 of such title is amended by adding at the end 

the following: 

‘‘(f) DEPOSITS IN SEAMAN ACCOUNT.—A seaman employed on a passenger vessel 

capable of carrying more than 500 passengers may authorize, by written request 

signed by the seaman, the master, owner, or operator of the vessel, or the employer 

of the seaman, to make deposits of wages of the seaman into a checking, savings, 

investment, or retirement account, or other account to secure a payroll or debit card 

for the seaman if—

‘‘(1) the wages designated by the seaman for such deposit are deposited in a 

United States or international financial institution designated by the seaman; 

‘‘(2) such deposits in the financial institution are fully guaranteed under commonly accepted international standards by the government of the country in 

which the financial institution is licensed; 

‘‘(3) a written wage statement or pay stub, including an accounting of any direct deposit, is delivered to the seaman no less often than monthly; and 

‘‘(4) while on board the vessel on which the seaman is employed, the seaman 

is able to arrange for withdrawal of all funds on deposit in the account in which 

the wages are deposited.’’. 

SEC. 406. TECHNICAL CORRECTIONS. 

(a) COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2006.—Effective with 

enactment of the Coast Guard and Maritime Transportation Act of 2006 (Public Law 

109–241), such Act is amended—

(1) in section 311(b) (120 Stat. 530) by inserting ‘‘paragraphs (1) and (2) of’’

before ‘‘section 8104(o)’’; 

(2) in section 603(a)(2) (120 Stat. 554) by striking ‘‘33 U.S.C. 2794(a)(2)’’ and 

inserting ‘‘33 U.S.C. 2704(a)(2)’’; 

(3) in section 901(r)(2) (120 Stat. 566) by striking ‘‘the’’ the second place it 

appears; 

(4) in section 902(c) (120 Stat. 566) by inserting ‘‘of the United States’’ after 

‘‘Revised Statutes’’; 

(5) in section 902(e) (120 Stat. 567) is amended—

(A) by inserting ‘‘and’’ after the semicolon at the end of paragraph (1); 

(B) by striking ‘‘and’’ at the end of paragraph (2)(A); and 

(C) by redesignating paragraphs (3) and (4) as subparagraphs (C) and (D) 

of paragraph (2), respectively, and aligning the left margin of such subparagraphs with the left margin of subparagraph (A) of paragraph (2); 

(6) in section 902(e)(2)(C) (as so redesignated) by striking ‘‘this section’’ and 

inserting ‘‘this paragraph’’; 

(7) in section 902(e)(2)(D) (as so redesignated) by striking ‘‘this section’’ and 

inserting ‘‘this paragraph’’; 

(8) in section 902(h)(1) (120 Stat. 567)—

(A) by striking ‘‘Bisti/De-Na-Zin’’ and all that follows through ‘‘Protection’’

and inserting ‘‘Omnibus Parks and Public Lands Management’’; and 

(B) by inserting a period after ‘‘Commandant of the Coast Guard’’; 

(9) in section 902(k) (120 Stat. 568) is amended—

(A) by inserting ‘‘the Act of March 23, 1906, commonly known as’’ before 

‘‘the General Bridge’’; 

(B) by striking ‘‘491)’’ and inserting ‘‘494),’’; and 

(C) by inserting ‘‘each place it appears’’ before ‘‘and inserting’’; and 

(10) in section 902(o) (120 Stat. 569) by striking the period after ‘‘Homeland 

Security’’. 

(b) TITLE 14.—(1) The analysis for chapter 7 of title 14, United States Code, is 

amended by adding a period at the end of the item relating to section 149. 

(2) The analysis for chapter 17 of title 14, United States Code, is amended by adding a period at the end of the item relating to section 677. 


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(3) The analysis for chapter 9 of title 14, United States Code, is amended by adding a period at the end of the item relating to section 198. 

(c) TITLE 46.—(1) The analysis for chapter 81 of title 46, United States Code, is 

amended by adding a period at the end of the item relating to section 8106. 

(2) Section 70105(c)(3)(C) of such title is amended by striking ‘‘National Intelligence Director’’ and inserting ‘‘Director of National Intelligence’’. 

(d) DEEPWATER PORT ACT OF 1974.—Section 5(c)(2) of the Deepwater Port Act of 

1974 (33 U.S.C. 1504(c)(2)) is amended by aligning the left margin of subparagraph 

(K) with the left margin of subparagraph (L). 

(e) OIL POLLUTION ACT OF 1990.—(1) Section 1004(a)(2) of the Oil Pollution Act 

of 1990 (33 U.S.C. 2704(a)(2)) is amended by striking the first comma following 

‘‘$800,000’’. 

(2) The table of sections in section 2 of such Act is amended by inserting a period 

at the end of the item relating to section 7002. 

(f) COAST GUARD AUTHORIZATION ACT OF 1996.—The table of sections in section 

2 of the Coast Guard Authorization Act of 1996 is amended in the item relating to 

section 103 by striking ‘‘reports’’ and inserting ‘‘report’’. 

SEC. 407. CONVEYANCE OF DECOMMISSIONED COAST GUARD CUTTER STORIS. 

(a) IN GENERAL.—Upon the scheduled decommissioning of the Coast Guard Cutter 

STORIS, the Commandant of the Coast Guard shall convey, without consideration, 

all right, title, and interest of the United States in and to that vessel to the USCG 

Cutter STORIS Museum and Maritime Education Center, LLC, located in the State 

of Alaska if the recipient—

(1) agrees—

(A) to use the vessel for purposes of a museum and historical display; 

(B) not to use the vessel for commercial transportation purposes; 

(C) to make the vessel available to the United States Government if needed for use by the Commandant in time of war or a national emergency; and 

(D) to hold the Government harmless for any claims arising from exposure to hazardous materials, including asbestos and polychlorinated 

biphenyls, after conveyance of the vessel, except for claims arising from the 

use by the Government under subparagraph (C); 

(2) has funds available that will be committed to operate and maintain in 

good working condition the vessel conveyed, in the form of cash, liquid assets, 

or a written loan commitment and in an amount of at least $700,000; and 

(3) agrees to any other conditions the Commandant considers appropriate. 

(b) MAINTENANCE AND DELIVERY OF VESSEL.—

(1) MAINTENANCE.—Before conveyance of the vessel under this section, the 

Commandant shall make, to the extent practical and subject to other Coast 

Guard mission requirements, every effort to maintain the integrity of the vessel 

and its equipment until the time of delivery. 

(2) DELIVERY.—If a conveyance is made under this section, the Commandant 

shall deliver the vessel to a suitable mooring in the local area in its present 

condition. 

(3) TREATMENT OF CONVEYANCE.—The conveyance of the vessel under this section shall not be considered a distribution in commerce for purposes of section 

6(e) of Public Law 94–469 (15 U.S.C. 2605(e)). 

(c) OTHER EXCESS EQUIPMENT.—The Commandant may convey to the recipient of 

a conveyance under subsection (a) any excess equipment or parts from other decommissioned Coast Guard vessels for use to enhance the operability and function of 

the vessel conveyed under subsection (a) for purposes of a museum and historical 

display. 

SEC. 408. REPEAL OF REQUIREMENT OF LICENSE FOR EMPLOYMENT IN THE BUSINESS OF 

SALVAGING ON THE COAST OF FLORIDA. 

Chapter 801 of title 46, United States Code, is amended—

(1) by striking section 80102; and 

(2) in the table of sections at the beginning of the chapter by striking the item 

relating to that section. 

SEC. 409. RIGHT-OF-FIRST-REFUSAL FOR COAST GUARD PROPERTY ON JUPITER ISLAND, 

FLORIDA. 

(a) RIGHT-OF-FIRST-REFUSAL.—Notwithstanding any other law (other than this 

section), the Town of Jupiter Island, Florida, shall have the right-of-first-refusal for 

an exchange of real property within the jurisdiction of the Town comprising Parcel 

#35–38–42–004–000–02590–6 (Bon Air Beach lots 259 and 260 located at 83 North 

Beach Road) and Parcel #35–38–42–004–000–02610–2 (Bon Air Beach lots 261 to 

267), including any improvements thereon, for other real property of equal or greater value. 


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(b) IDENTIFICATION OF PROPERTY.—The Commandant of the Coast Guard may 

identify, describe, and determine the property referred to in subsection (a) that is 

subject to the right of the Town under that subsection. 

(c) LIMITATION.—The property referred to in subsection (a) may not be conveyed 

under that subsection until the Commandant of the Coast Guard determines that 

the property is not needed to carry out Coast Guard missions or functions. 

(d) REQUIRED USE.—Any property conveyed under this section shall be used by 

the Town of Jupiter Island, Florida, solely for conservation of habitat and as protection against damage from wind, tidal, and wave energy. 

(e) REVERSION.—Any conveyance of property under this section shall be subject to 

the condition that all right, title, and interest in the property, at the option of the 

Commandant of the Coast Guard, shall revert to the United States Government if 

the property is used for purposes other than conservation. 

(f) IMPLEMENTATION.—The Commandant of the Coast Guard shall upon request 

by the Town—

(1) promptly take those actions necessary to make property identified under 

subsection (b) and determined by the Commandant under subsection (c) ready 

for conveyance to the Town; and 

(2) convey the property to the Town subject to subsections (d) and (e). 

SEC. 410. CONVEYANCE OF COAST GUARD HU–25 FALCON JET AIRCRAFT. 

(a) AUTHORITY TO CONVEY.—Notwithstanding any other law, the Commandant of 

the Coast Guard may convey to the Elizabeth City State University (in this section 

referred to as the ‘‘University’’), a public university located in the State of North 

Carolina, without consideration all right, title, and interest of the United States in 

an HU–25 Falcon Jet aircraft under the administrative jurisdiction of the Coast 

Guard that the Commandant determines—

(1) is appropriate for use by the University; and 

(2) is excess to the needs of the Coast Guard. 

(b) CONDITIONS.—

(1) IN GENERAL.—As a condition of conveying an aircraft to the University 

under subsection (a), the Commandant shall enter into an agreement with the 

University under which the University agrees—

(A) to utilize the aircraft for educational purposes or other public purposes as jointly agreed upon by the Commandant and the University before 

conveyance; and 

(B) to hold the United States harmless for any claim arising with respect 

to the aircraft after conveyance of the aircraft. 

(2) REVERSIONARY INTEREST.—If the Commandant determines that the recipient violated subparagraph (A) or (B) of paragraph (1), then—

(A) all right, title, and interest in the aircraft shall revert to the United 

States; 

(B) the United States shall have the right to immediate possession of the 

aircraft; and 

(C) the recipient shall pay the United States for its costs incurred in recovering the aircraft for such violation. 

(c) LIMITATION ON FUTURE TRANSFERS.—

(1) IN GENERAL.—The Commandant shall include in the instruments for the 

conveyance a requirement that any further conveyance of an interest in the aircraft may not be made without the approval in advance of the Commandant. 

(2) REVERSIONARY INTEREST.—If the Commandant determines that an interest 

in the aircraft was conveyed without such approval, then—

(A) all right, title, and interest in the aircraft shall revert to the United 

States; 

(B) the United States shall have the right to immediate possession of the 

aircraft; and 

(C) the recipient shall pay the United States for its costs incurred in recovering the aircraft for such a violation. 

(d) DELIVERY OF AIRCRAFT.—The Commandant shall deliver the aircraft conveyed 

under subsection (a)—

(1) at the place where the aircraft is located on the date of the conveyance; 

(2) in its condition on the date of conveyance; and 

(3) without cost to the United States. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Commandant may require such additional terms and conditions in connection with the conveyance required by subsection (a) as the Commandant considers appropriate to protect the interests of the 

United States. 


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SEC. 411. DECOMMISSIONED COAST GUARD VESSELS FOR HAITI. 

(a) IN GENERAL.—Notwithstanding any other law, upon the scheduled decommissioning of any Coast Guard 41-foot patrol boat, the Commandant of the Coast Guard 

shall give the Government of Haiti a right-of-first-refusal for conveyance of that vessel to the Government of Haiti, if that Government of Haiti agrees— (1) to use the vessel for the Coast Guard of Haiti; 

(2) to make the vessel available to the United States Government if needed 

for use by the Commandant in time of war or national emergency; 

(3) to hold the United States Government harmless for any claims arising 

from exposure to hazardous materials, including asbestos and polychlorinated 

biphenyls, after conveyance of the vessel, except for claims arising from the use 

by the United States Government under paragraph (2); and 

(4) to any other conditions the Commandant considers appropriate. 

(b) LIMITATION.—The Commandant may not convey more than 10 vessels to the 

Government of Haiti pursuant to this section. 

(c) MAINTENANCE AND DELIVERY OF VESSEL.— (1) MAINTENANCE.—Before conveyance of a vessel under this section, the 

Commandant shall make, to the extent practical and subject to other Coast 

Guard mission requirements, every effort to maintain the integrity of the vessel 

and its equipment until the time of delivery. 

(2) DELIVERY.—If a conveyance is made under this section, the Commandant 

shall deliver a vessel to a suitable mooring in the local area in its present condition. 

(3) TREATMENT OF CONVEYANCE.—The conveyance of a vessel under this section shall not be considered a distribution in commerce for purposes of section 

6(e) of Public Law 94–469 (15 U.S.C. 2605(e)). 

SEC. 412. EXTENSION OF PERIOD OF OPERATION OF VESSEL FOR SETTING, RELOCATION, OR 

RECOVERY OF ANCHORS OR OTHER MOORING EQUIPMENT. 

Section 705(a)(2) of Public Law 109–347 (120 Stat. 1945) is amended by striking ‘‘2’’ and inserting ‘‘3’’. 

SEC. 413. VESSEL TRAFFIC RISK ASSESSMENTS. 

(a) REQUIREMENT.—The Commandant of the Coast Guard, acting through the appropriate Area Committee established under section 311(j)(4) of the Federal Water 

Pollution Control Act, shall prepare a vessel traffic risk assessment—

(1) for Cook Inlet, Alaska, within one year after the date of enactment of this 

Act; and 

(2) for the Aleutian Islands, Alaska, within two years after the date of enactment of this Act. 

(b) CONTENTS.—Each of the assessments shall describe, for the region covered by 

the assessment—

(1) the amount and character of present and estimated future shipping traffic 

in the region; and 

(2) the current and projected use and effectiveness in reducing risk, of—

(A) traffic separation schemes and routing measures; 

(B) long-range vessel tracking systems developed under section 70115 of 

title 46, United States Code; 

(C) towing, response, or escort tugs; 

(D) vessel traffic services; 

(E) emergency towing packages on vessels; 

(F) increased spill response equipment including equipment appropriate 

for severe weather and sea conditions; 

(G) the Automatic Identification System developed under section 70114 of 

title 46, United States Code; 

(H) particularly sensitive sea areas, areas to be avoided, and other traffic 

exclusion zones; 

(I) aids to navigation; and 

(J) vessel response plans. 

(c) RECOMMENDATIONS.—

(1) IN GENERAL.—Each of the assessments shall include any appropriate recommendations to enhance the safety and security, or lessen potential adverse 

environmental impacts, of marine shipping. 

(2) CONSULTATION.—Before making any recommendations under paragraph 

(1) for a region, the Area Committee shall consult with affected local, State, and 

Federal government agencies, representatives of the fishing industry, Alaska 

Natives from the region, the conservation community, and the merchant shipping and oil transportation industries. 

(d) PROVISION TO CONGRESS.—The Commandant shall provide a copy of each assessment to the Committee on Transportation and Infrastructure of the House of 


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Representatives and the Committee on Commerce, Science, and Transportation of 

the Senate. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Commandant $1,800,000 for each of fiscal years 2008 and 2009 to the conduct 

the assessments. 

SEC. 414. VESSEL MARYLAND INDEPENDENCE. 

Notwithstanding sections 55101, 55103, and 12112 of title 46, United States Code, 

the Secretary of the department in which the Coast Guard is operating may issue 

a certificate of documentation with a coastwise endorsement for the vessel MARYLAND INDEPENDENCE (official number 662573). The coastwise endorsement 

issued under authority of this section is terminated if— (1) the vessel, or controlling interest in the person that owns the vessel, is 

conveyed after the date of enactment of this Act; or 

(2) any repairs or alterations are made to the vessel outside of the United 

States. 

SEC. 415. STUDY OF RELOCATION OF COAST GUARD SECTOR BUFFALO FACILITIES. 

(a) PURPOSES.—The purposes of this section are— (1) to authorize a project study to evaluate the feasibility of consolidating and 

relocating Coast Guard facilities at Coast Guard Sector Buffalo within the study 

area; 

(2) to obtain a preliminary plan for the design, engineering, and construction 

for the consolidation of Coast Guard facilities at Sector Buffalo; and 

(3) to distinguish what Federal lands, if any, shall be identified as excess 

after the consolidation. 

(b) DEFINITIONS.—In this section: 

(1) COMMANDANT.—The term ‘‘Commandant’’ means the Commandant of the 

Coast Guard. 

(2) SECTOR BUFFALO.—The term ‘‘Sector Buffalo’’ means Coast Guard Sector 

Buffalo of the Ninth Coast Guard District. 

(3) STUDY AREA.—The term ‘‘study area’’ means the area consisting of approximately 31 acres of real property and any improvements thereon that are 

commonly identified as Coast Guard Sector Buffalo, located at 1 Fuhrmann 

Boulevard, Buffalo, New York, and under the administrative control of the 

Coast Guard. 

(c) STUDY.— (1) IN GENERAL.—Within 12 months after the date on which funds are first 

made available to carry out this section, the Commandant shall conduct a 

project proposal report of the study area and shall submit such report to the 

Committee on Commerce, Science, and Transportation of the Senate and the 

Committee on Transportation and Infrastructure of the House of Representatives. 

(2) REQUIREMENTS.—The project proposal report shall— (A) evaluate the most cost-effective method for providing shore facilities 

to meet the operational requirements of Sector Buffalo; 

(B) determine the feasibility of consolidating and relocating shore facilities on a portion of the existing site, while— (i) meeting the operational requirements of Sector Buffalo; and 

(ii) allowing the expansion of operational requirements of Sector Buffalo; and 

(C) contain a preliminary plan for the design, engineering, and construction of the proposed project, including—

(i) the estimated cost of the design, engineering, and construction of 

the proposed project; 

(ii) an anticipated timeline of the proposed project; and 

(iii) a description of what Federal lands, if any, shall be considered 

excess to Coast Guard needs. 

(d) LIMITATION.—Nothing in this section shall affect the current administration 

and management of the study area. 

TITLE V—BALLAST WATER TREATMENT 

SEC. 501. SHORT TITLE. 

This title may be cited as the ‘‘Ballast Water Treatment Act of 2007’’. 

SEC. 502. DECLARATION OF GOALS AND PURPOSES. 

Section 1002 of the Nonindigenous Aquatic Nuisance Prevention and Control Act 

of 1990 (16 U.S.C. 4701) is amended—


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(1) by redesignating subsection (b) as subsection (c); 

(2) by inserting after subsection (a) the following: 

‘‘(b) DECLARATION OF GOALS AND PURPOSES.—The objective of this Act is to eliminate the threat and impacts of nonindigenous aquatic nuisance species in the waters 

of the United States. In order to achieve this objective, it is declared that, consistent 

with the provisions of this Act—

‘‘(1) it is the national goal that ballast water discharged into the waters of 

the United States will contain no living (viable) organisms by the year 2015; 

‘‘(2) it is the national policy that the introduction of nonindigenous aquatic 

nuisance species in the waters of the United States be prohibited; and 

‘‘(3) it is the national policy that Federal, State, and local governments and 

the private sector identify the most effective ways to coordinate prevention efforts, and harmonize environmentally sound methods to prevent, detect, monitor, and control nonindigenous aquatic nuisance species, in an expeditious 

manner.’’. 

(3) in subsection (c)(1) (as redesignated by paragraph (1) of this section)—

(A) by striking ‘‘prevent’’ and inserting ‘‘eliminate’’; and 

(B) by inserting ‘‘treatment’’ after ‘‘ballast water’’; 

(4) in subsection (c)(2) (as so redesignated)—

(A) by inserting ‘‘, detection, monitoring,’’ after ‘‘prevention’’; and 

(B) by striking ‘‘the zebra mussel and other’’; 

(5) in subsection (c)(3) (as so redesignated)—

(A) by inserting ‘‘detect,’’ after ‘‘prevent,’’; and 

(B) by striking ‘‘from pathways other than ballast water exchange’’; 

(6) in subsection (c)(4) (as so redesignated) by striking ‘‘, including the zebra 

mussel’’; and 

(7) in subsection (c)(5) (as so redesignated)—

(A) by inserting ‘‘prevention,’’ after ‘‘in the’’; 

(B) by inserting a comma after ‘‘management’’; and 

(C) by striking ‘‘zebra mussels’’ and inserting ‘‘aquatic nuisance species’’. 

SEC. 503. BALLAST WATER MANAGEMENT. 

(a) IN GENERAL.—Section 1101 of the Nonindigenous Aquatic Nuisance Prevention 

and Control Act of 1990 (16 U.S.C. 4711) is amended to read as follows: 

‘‘SEC. 1101. BALLAST WATER MANAGEMENT. 

‘‘(a) VESSELS TO WHICH THIS SECTION APPLIES.—

‘‘(1) IN GENERAL.—Except as provided in paragraphs (2), (3), (4), and (5), this 

section applies to a vessel that—

‘‘(A) is designed, constructed, or adapted to carry ballast water; and 

‘‘(B)(i) is a vessel of the United States; or 

‘‘(ii) is a foreign vessel that—

‘‘(I) is en route to a United States port or place; or 

‘‘(II) has departed from a United States port or place and is within 

waters subject to the jurisdiction of the United States. 

‘‘(2) PERMANENT BALLAST WATER VESSELS.—This section does not apply to a 

vessel that carries all of its permanent ballast water in sealed tanks that are 

not subject to discharge. 

‘‘(3) ARMED FORCES VESSELS.—

‘‘(A) EXEMPTION.—Except as provided in subparagraph (B), this section 

does not apply to a vessel of the Armed Forces. 

‘‘(B) BALLAST WATER MANAGEMENT PROGRAM.—The Secretary and the Secretary of Defense, after consultation with each other and with the Under 

Secretary and the heads of other appropriate Federal agencies as determined by the Secretary, shall implement a ballast water management program, including the issuance of standards for ballast water exchange and 

treatment and for sediment management, for vessels of the Armed Forces 

under their respective jurisdictions designed, constructed, or adapted to 

carry ballast water that are—

‘‘(i) consistent with the requirements of this section, including the 

deadlines established by this section; and 

‘‘(ii) at least as stringent as the requirements issued for such vessels 

under section 312 of the Federal Water Pollution Control Act (33 U.S.C. 

1322). 

‘‘(4) SPECIAL RULE FOR SMALL RECREATIONAL VESSELS.—In applying this section to recreational vessels less than 50 meters in length that have a maximum 

ballast water capacity of 8 cubic meters, the Secretary may issue alternative 

measures for managing ballast water in a manner that is consistent with the 

requirements of this section. 


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‘‘(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—


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‘‘(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. 


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‘‘(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) PERMISSABLE 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 


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‘‘(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 


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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—


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‘‘(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. 


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‘‘(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 


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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—


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‘‘(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—


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‘‘(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 suVerDate Aug 31 2005 22:09 Sep 21, 2007 Jkt 059006 PO 00000 Frm 00038 Fmt 6659 Sfmt 6621 E:\HR\OC\HR338P1.XXX HR338P1

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persede any more stringent standard under any otherwise applicable Federal, 

State, or local law. 

‘‘(r) COAST GUARD REPORT ON OTHER SOURCES OF VESSEL-BOURNE NUISANCE SPECIES.—

‘‘(1) IN GENERAL.—

‘‘(A) HULL-FOULING AND OTHER VESSEL SOURCES.—Not later than 180 

days after the date of enactment of the Ballast Water Treatment Act of 

2007, the Secretary shall transmit a report to the Committee on Commerce, 

Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on vessel-related 

pathways of harmful aquatic organisms and pathogens other than ballast 

water and sediment, including vessel hulls and equipment, and from vessels equipped with ballast tanks that carry no ballast water on board. 

‘‘(B) BEST PRACTICES.—

‘‘(i) IN GENERAL.—As soon as practicable, the Secretary shall develop 

best practices standards and procedures designed to reduce the introduction and spread of invasive species into and within the United 

States from vessels and establish a timeframe for implementation of 

those standards and procedures by vessels. Such standards and procedures shall include designation of geographical locations for uptake and 

discharge of untreated ballast water, as well as standards and procedure for other vessel pathways of aquatic invasive species. 

‘‘(ii) REPORT.—The Secretary shall transmit a report to the committees referred to in subparagraph (A) describing the standards and procedures developed under this subparagraph and the implementation 

timeframe, together with such recommendations as the Secretary determines appropriate. 

‘‘(iii) REGULATIONS.—The Secretary may issue regulations to incorporate and enforce standards and procedures developed under this 

paragraph. 

‘‘(2) TRANSITING VESSELS.—Not later than 180 days after the date of enactment of the Ballast Water Treatment Act of 2007, the Secretary shall transmit 

a report to the Committee on Commerce, Science, and Transportation of the 

Senate and the Committee on Transportation and Infrastructure of the House 

of Representatives containing—

‘‘(A) an assessment of the magnitude and potential adverse impacts of 

ballast water operations from foreign vessels designed, adapted, or constructed to carry ballast water that are transiting waters subject to the jurisdiction of the United States; and 

‘‘(B) recommendations, including legislative recommendations if appropriate, of options for addressing ballast water operations of those vessels.’’. 

(b) DEFINITIONS.—Section 1003 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702) is amended—

(1) by redesignating—

(A) paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively; 

(B) paragraphs (4), (5), and (6) as paragraphs (8), (9), and (10), respectively; 

(C) paragraphs (7), (8), (9), and (10) as paragraphs (12), (13), (14), and 

(15), respectively; 

(D) paragraphs (11) and (12) as paragraphs (17) and (18), respectively; 

(E) paragraphs (13), (14), and (15) as paragraphs (20), (21), and (22), respectively; 

(F) paragraph (16) as paragraph (27); and 

(G) paragraph (17) as paragraph (23); 

(2) by moving paragraph (23), as so redesignated, after paragraph (22), as so 

redesignated; 

(3) by inserting before paragraph (2), as so redesignated, the following: 

‘‘(1) ‘Administrator’ means the Administrator of the Environmental Protection 

Agency;’’; 

(4) by striking paragraph (4), as so redesignated, and inserting the following: 

‘‘(4) ‘ballast water’ means—

‘‘(A) water taken on board a vessel to control trim, list, draught, stability, 

or stresses of the vessel, including matter suspended in such water; or 

‘‘(B) any water placed into a ballast tank during cleaning, maintenance, 

or other operations;’’; 

(5) by inserting after paragraph (4), as so redesignated and amended, the following: 


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‘‘(5) ‘ballast water capacity’ means the total volumetric capacity of any tanks, 

spaces, or compartments on a vessel that is used for carrying, loading, or discharging ballast water, including any multi-use tank, space, or compartment designed to allow carriage of ballast water; 

‘‘(6) ‘ballast water management’ means mechanical, physical, chemical, and 

biological processes used, either singularly or in combination, to remove, render 

harmless, or avoid the uptake or discharge of harmful aquatic organisms and 

pathogens within ballast water and sediment; 

‘‘(7) ‘constructed’ means a state of construction of a vessel at which—

‘‘(A) the keel is laid; 

‘‘(B) construction identifiable with the specific vessel begins; 

‘‘(C) assembly of the vessel has begun comprising at least 50 tons or 1 

percent of the estimated mass of all structural material of the vessel, 

whichever is less; or 

‘‘(D) the vessel undergoes a major conversion;’’; 

(6) by inserting after paragraph (10), as so redesignated, the following: 

‘‘(11) ‘foreign vessel’ has the meaning such term has under section 110 of title 

46, United States Code;’’; 

(7) by inserting after paragraph (15), as so redesignated, the following: 

‘‘(16) ‘major conversion’ means a conversion of a vessel, that—

‘‘(A) changes its ballast water carrying capacity by at least 15 percent; 

‘‘(B) changes the vessel class; 

‘‘(C) is projected to prolong the vessel’s life by at least 10 years (as determined by the Secretary); or 

‘‘(D) results in modifications to the vessel’s ballast water system, except—

‘‘(i) component replacement-in-kind; or 

‘‘(ii) conversion of a vessel to meet the requirements of section 

1101(e);’’; 

(8) by inserting after paragraph (18), as so redesignated, the following: 

‘‘(19) ‘sediment’ means matter that has settled out of ballast water within a 

vessel;’’; 

(9) in paragraph (12), as so redesignated, by striking the period at the end 

and inserting a semicolon; 

(10) by inserting after paragraph (23), as so redesignated and moved, the following: 

‘‘(24) ‘United States port’ means a port, river, harbor, or offshore terminal 

under the jurisdiction of the United States, including ports located in Puerto 

Rico, Guam, and the United States Virgin Islands; 

‘‘(25) ‘vessel of the Armed Forces’ means—

‘‘(A) any vessel owned or operated by the Department of Defense, other 

than a time or voyage chartered vessel; and 

‘‘(B) any vessel owned or operated by the Department of Homeland Security that is designated by the Secretary as a vessel equivalent to a vessel 

described in subparagraph (A); 

‘‘(26) ‘vessel of the United States’ has the meaning such term has under section 116 of title 46, United States Code;’’; and 

(11) in paragraph (23), as so redesignated, by striking the period at the end 

and inserting ‘‘;’’; and 

(12) by inserting after paragraph (27), as so redesignated and amended, the 

following: 

‘‘(28) ‘waters subject to the jurisdiction of the United States’ means navigable 

waters and the territorial sea of the United States, the exclusive economic zone, 

and the Great Lakes.’’. 

(c) REPEAL OF SECTION 1103.—Section 1103 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4713) is repealed. 

(d) INTERIM FINAL RULE.—The Secretary shall issue an interim final rule as a 

temporary regulation implementing the amendments made by this section as soon 

as practicable after the date of enactment of this section, without regard to the provisions of chapter 5 of title 5, United States Code. All regulations issued under the 

authority of this subsection that are not earlier superseded by final regulations shall 

expire not later than one year after the date of enactment of this Act. 

SEC. 504. NATIONAL BALLAST WATER MANAGEMENT INFORMATION. 

Section 1102 (16 U.S.C. 4712) is amended—

(1) by adding at the end the following: 

‘‘(g) BALLAST WATER SURVEYS.—

‘‘(1) IN GENERAL.—The Secretary shall conduct the following ballast water 

surveys: 


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‘‘(A) A survey of the number of living organisms in untreated ballast 

water of a representative number of vessels, as determined by the Secretary. ‘‘(B) A survey of the number of living organisms in the ballast water of 

a representative number of vessels, as determined by the Secretary, that 

has been exchanged on the high seas. ‘‘(C) Surveys of the number of living organisms in the ballast water of 

vessels that are participating in a program to test and evaluate promising 

ballast water treatment, as approved by the Secretary. ‘‘(2) REPORTS.—The Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee 

on Commerce, Science, and Transportation of the Senate— ‘‘(A) a report on the results of the surveys under subparagraphs (A) and 

(B) of paragraph (1) by not later than 18 months after the date of the enactment of the Ballast Water Treatment Act of 2007; and ‘‘(B) a report on the results of the surveys required under subparagraph 

(C) of paragraph (1) upon completion of each demonstration concerned.’’; 

(2) in subsection (b)(1)(B)(ii), by striking ‘‘guidelines issued and’’; 

(3) in subsection (b)(2)(B)(ii), by striking ‘‘voluntary guidelines issued, and 

regulations promulgated,’’ and inserting ‘‘regulations promulgated’’; 

(4) in subsection (c)(1), by striking ‘‘section 1101(b)’’ and inserting ‘‘section 

1101(a)’’; and 

(5) in subsection (f)(1)(B), by striking ‘‘guidelines issued pursuant to section 

1101(c)’’ and inserting ‘‘regulations issued pursuant to section 1101’’. 

SEC. 505. BALLAST WATER MANAGEMENT EVALUATION AND DEMONSTRATION PROGRAM. 

Section 1104 (16 U.S.C. 4714) is amended— (1) by striking the section heading and inserting the following: 

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

PROGRAMS.’’; 

(2) by striking subsection (a); 

(3) by redesignating subsection (b) as subsection (a); 

(4) by redesignating subsection (c) as subsection (d); 

(5) in subsection (a), as so redesignated—

(A) by striking so much as precedes paragraph (2) and inserting the following: 

‘‘(a) SHIPBOARD TECHNOLOGY EVALUATION PROGRAM.—

‘‘(1) IN GENERAL.—The Secretary shall establish a Shipboard Technology Evaluation Program to evaluate alternative ballast water management methods 

aboard vessels to prevent aquatic nuisance species from being introduced into 

and spread through discharges of ballast water in waters of the United States.’’; 

and 

(B) in paragraph (2) by striking ‘‘of the technologies and practices used 

in the demonstration program’’ and inserting ‘‘of alternative ballast water 

management methods used in the program’’; 

(6) in subsection (a)(3), as so redesignated, by striking ‘‘technologies and practices’’ and all that follows through ‘‘shall—’’ and inserting ‘‘ballast water treatment technologies on vessels under this subsection, the Secretary shall—’’; 

(7) in subsection (a)(3)(A), as so redesignated, by striking clause (i) and redesignating clauses (ii) and (iii) in order as clauses (i) and (ii); 

(8) by amending subsection (a)(3)(A)(i), as so redesignated, to read as follows: 

‘‘(i) have ballast water systems conducive to testing aboard the vessel; and’’; 

(9) by amending subsection (a)(3)(C), as so redesignated, to read as follows: 

‘‘(C) seek to use a variety of vessel types.’’; 

(10) by amending subsection (a)(4), as so redesignated, to read as follows: 

‘‘(4) SELECTION OF ALTERNATIVE BALLAST WATER MANAGEMENT METHODS.—In 

order for a ballast water treatment technology to be eligible to be installed on 

vessels for evaluation under this section, such technology must be, at a minimum—

‘‘(A) determined by the Secretary to have the demonstrated potential to 

reduce the number of organisms greater than or equal to 50 microns in 

minimum dimension in discharged ballast water to fewer than 10 living organisms per cubic meter of water; 

‘‘(B) cost-effective; 

‘‘(C) environmentally sound; 

‘‘(D) operationally practical; 

‘‘(E) able to be retrofitted on existing vessels or incorporated in new vessel design (or both); 


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‘‘(F) safe for a vessel and crew; and 

‘‘(G) accessible to monitoring.’’; 

(11) in subsection (a), as so redesignated, by adding at the end the following: 

‘‘(6) AUTHORITY OF SECRETARY TO REVIEW AND REVISE CRITERIA.—The Secretary may review and revise the criteria described in paragraph (4)(A) to require ballast water treatment technologies to meet a more stringent ballast 

water discharge standard, including standards promulgated under section 

1101(f), before being eligible for installation aboard vessels under the program.’’; 

(12) by inserting after subsection (a), as so redesignated, the following: ‘‘(b) SHIPBOARD TECHNOLOGY DEMONSTRATION PROGRAM.— ‘‘(1) IN GENERAL.—The Under Secretary, with the concurrence of and in cooperation with the Secretary, shall conduct a program to demonstrate ballast 

water treatment technologies evaluated aboard vessels under subsection (a) to 

prevent aquatic nuisance species from being introduced into and spread through 

ballast water in waters of the United States. ‘‘(2) LOCATION.—The installation and construction of ballast water treatment 

technologies used in the demonstration program under this subsection shall be 

performed in the United States. ‘‘(3) VESSEL ELIGIBILITY.—Vessels eligible to participate in the demonstration 

program under this subsection shall consist only of vessels that have been accepted into and are actively participating in the Shipboard Technology Evaluation Program under subsection (a). ‘‘(4) GRANTS.— ‘‘(A) IN GENERAL.—The Under Secretary shall establish a grant program 

to provide funding for acquiring, installing, and operating ballast water 

treatment technologies aboard vessels participating in the program under 

this subsection. ‘‘(B) MATCHING REQUIREMENTS.—The amount of Federal funds used for 

any demonstration project under this subsection— ‘‘(i) shall not exceed $1,000,000; and 

‘‘(ii) shall not exceed 50 percent of the total cost of such project. ‘‘(c) ALTERNATIVE SHIP PATHWAY PROGRAM.— ‘‘(1) IN GENERAL.—The Under Secretary, with the concurrence of and in cooperation with the Secretary, shall conduct a program to demonstrate and 

verify technologies and practices to monitor and control the introduction of 

aquatic invasive species by ship pathways other than the release of ballast 

water. ‘‘(2) SELECTION OF METHODS.—The Under Secretary may not select technologies and practices for demonstration or verification under paragraph (1) unless such technologies and practices, in the determination of the Under Secretary, in consultation with the Secretary, meet the criteria outlined in subparagraphs (B) through (G) of subsection (a)(4). 

‘‘(3) LOCATION.—The installation and construction of technologies and practices for demonstration and verification under this subsection shall be performed in the United States.’’; and 

(13) in subsection (d), as so redesignated, by striking ‘‘Secretary of the Interior’’ each place it appears and inserting ‘‘Secretary, in consultation with the 

Under Secretary,’’. 

SEC. 506. RAPID RESPONSE PLAN. 

Subtitle C of title I of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721 et seq.) is amended by adding at the end the following: 

‘‘SEC. 1210. RAPID RESPONSE PLAN. 

‘‘(a) PREPARATION BY PRESIDENT.—The President shall prepare and publish a national rapid response plan for killing, removing, or minimizing the spread of aquatic 

nuisance species in the waters of the United States in accordance with this section. 

‘‘(b) CONTENTS.—The national rapid response plan shall provide for efficient, coordinated, and effective action to minimize damage from aquatic nuisance species 

in the navigable waters of the United States, including killing, containing, and removal of the aquatic nuisance species, and shall include the following: 

‘‘(1) Assignment of duties and responsibilities among Federal departments 

and agencies in coordination with State and local agencies and port authorities 

and private entities. 

‘‘(2) Identification, procurement, maintenance, and storage of equipment and 

supplies needed to facilitate the killing, containment, and removal of aquatic 

nuisance species under this section. 

‘‘(3) Establishment or designation by the President of Federal aquatic nuisance species response teams, consisting of—


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‘‘(A) personnel who shall be trained and prepared by the President and 

shall be available to provide necessary services to carry out the national 

rapid response plan; 

‘‘(B) adequate equipment and material needed to facilitate the killing, 

containment, and removal of aquatic nuisance species under this section; 

and 

‘‘(C) a detailed plans to kill, contain, and remove aquatic nuisance species, including measures to protect fisheries and wildlife. 

‘‘(4) A system of surveillance and notice designed to safeguard against, as well 

as ensure earliest possible notice of, the introduction of aquatic nuisance species 

and imminent threats of such introduction to the appropriate State and Federal 

agencies. 

‘‘(5) Establishment by the President of a national center to provide coordination and direction for operations in carrying out the plan. 

‘‘(6) Procedures and techniques to be employed in identifying, containing, killing, and removing aquatic nuisance species in the waters of the United States. 

‘‘(7) A schedule, prepared by the President in cooperation with the States, 

identifying—

‘‘(A) mitigating devices and substances, if any, that may be used in carrying out the plan; 

‘‘(B) the waters in which such mitigating devices and substances may be 

used; and 

‘‘(C) the quantities of such mitigating device or substance which can be 

used safely in such waters. 

‘‘(8) A system whereby the State or States affected by an aquatic nuisance 

species may act where necessary to remove such species. 

‘‘(9) Establishment by the President of criteria and procedures to ensure immediate and effective Federal identification of, and response to, an introduction 

of aquatic nuisance species. 

‘‘(10) Designation by the President of the Federal official who shall be the 

Federal on-scene coordinator for measures taken to kill, contain, and remove 

aquatic nuisance species under this section. 

‘‘(11) A fish and wildlife response plan for the immediate and effective protection, rescue, and rehabilitation of, and the minimization of risk of damage to, 

fish and wildlife resources and their habitat that are harmed or that may be 

jeopardized by an introduction of an aquatic nuisance species. 

‘‘(c) FEDERAL REMOVAL AUTHORITY.—

‘‘(1) REMOVAL REQUIREMENT.—

‘‘(A) IN GENERAL.—The President shall ensure, in accordance with the national rapid response plan, effective and immediate killing, containing, and 

removal of the aquatic nuisance species in the waters of the United States. 

‘‘(B) DISCRETIONARY AUTHORITY.—In carrying out this paragraph, the 

President may—

‘‘(i) kill, contain, and remove an aquatic nuisance species, at any 

time; and 

‘‘(ii) direct or monitor all Federal, State, and private actions to kill, 

contain, and remove the aquatic nuisance species. 

‘‘(2) ACTIONS IN ACCORDANCE WITH NATIONAL RAPID RESPONSE PLAN.—Each 

Federal agency, State, owner or operator, or other person participating in efforts 

under this subsection shall act in accordance with the national rapid response 

plan or as directed by the President to carry out the plan.’’. 

SEC. 507. AUTHORIZATION OF APPROPRIATIONS. 

Section 1301(a) of the Nonindigenous Aquatic Nuisance Prevention and Control 

Act of 1990 (16 U.S.C. 4741(a)) is amended—

(1) by striking ‘‘and’’ after the semicolon in paragraph (4)(B); 

(2) by striking the period at the end of paragraph (5)(B) and inserting a semicolon; and 

(3) by adding at the end the following: 

‘‘(6) $20,000,000 for each of fiscal years 2008 through 2012 to the Secretary 

to carry out section 1101; 

‘‘(7) $500,000 to the Secretary for each of fiscal years 2008 through 2013 to 

carry out section 1102(f); 

‘‘(8) $6,000,000 to the Under Secretary for each of fiscal years 2008 through 

2013 to carry out paragraph (4) of section 1104(b); and 

‘‘(9) $1,500,000 to the Under Secretary for each of fiscal years 2008 through 

2013 to carry out section 1104(c).’’. 


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TITLE VI—ALIEN SMUGGLING 

SEC. 601. SHORT TITLE. 

This title may be cited as the ‘‘Maritime Law Enforcement Improvement Act of 

2007’’. 

SEC. 602. MARITIME LAW ENFORCEMENT. 

(a) IN GENERAL.—Subtitle VII of title 46, United States Code, is amended by adding at the end the following: 

‘‘CHAPTER 707—MARITIME LAW ENFORCEMENT 

‘‘Sec. 

‘‘70701. Offense. 

‘‘70702. Attempt or conspiracy. 

‘‘70703. Affirmative defenses. 

‘‘70704. Penalties. 

‘‘70705. Criminal forfeiture. 

‘‘70706. Civil forfeiture. 

‘‘70707. Extension beyond territorial jurisdiction. 

‘‘70708. Claim of failure to comply with international law; jurisdiction of court. 

‘‘70709. Federal activities. 

‘‘70710. Definitions. 

‘‘§ 70701. Offense 

‘‘It shall be unlawful for any person on board a covered vessel to transport or facilitate the transportation, harboring, or concealment of an alien on board such vessel knowing or having reason to believe that the alien is attempting to unlawfully 

enter the United States. 

‘‘§ 70702. Attempt or conspiracy 

‘‘Any person on board a covered vessel who attempts or conspires to commit a violation of section 70701 shall be subject to the same penalties as those prescribed 

for the violation, the commission of which was the object of the attempt or conspiracy. 

‘‘§ 70703. Affirmative defenses 

‘‘It is an affirmative defense to a prosecution under this section, which the defendant must prove by a preponderance of the evidence, that— ‘‘(1)(A) the alien was on board pursuant to a rescue at sea, or was a stowaway; or ‘‘(B) the entry into the United States was a necessary response to an imminent threat of death or serious bodily injury to the alien; ‘‘(2) the defendant, as soon as reasonably practicable, informed the Coast 

Guard of the presence of the alien on the vessel and the circumstances of the 

rescue; and ‘‘(3) the defendant complied with all orders given by law enforcement officials 

of the United States. 

‘‘§ 70704. Penalties 

‘‘Any person who commits a violation of this chapter shall be imprisoned for not less than 3 nor more than 20 years or fined not more than $100,000, or both; except 

that—‘‘(1) in any case in which the violation causes serious bodily injury to any person, regardless of where the injury occurs, the person shall be imprisoned for 

not less than 7 nor more than 30 years or fined not more than $500,000, or 

both; and ‘‘(2) in any case in which the violation causes or results in the death of any 

person regardless of where the death occurs, the person shall be imprisoned for 

not less than 10 years nor more than life or fined not more than $1,000,000, 

or both. 

‘‘§ 70705. Criminal forfeiture 

‘‘The court, at the time of sentencing a person convicted of an offense under this 

chapter, shall order forfeited to the United States any vessel used in the offense in 

the same manner and to the same extent as if it were a vessel used in an offense 

under section 274 of the Immigration and Nationality Act (8 U.S.C. 1324). 

‘‘§ 70706. Civil forfeiture 

‘‘A vessel that has been used in the commission of a violation of this chapter shall 

be seized and subject to forfeiture in the same manner and to the same extent as 

if it were used in the commission of a violation of section 274(a) of the Immigration 

and Nationality Act (8 U.S.C. 1324(a)). 


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‘‘§ 70707. Extension beyond territorial jurisdiction 

‘‘Sections 70701 and 70702 apply even though the act is committed outside the 

territorial jurisdiction of the United States. 

‘‘§ 70708. Claim of failure to comply with international law; jurisdiction of 

court 

‘‘A claim of failure to comply with international law in the enforcement of this 

chapter may be invoked as a basis for a defense solely by a foreign nation. A failure 

to comply with international law shall not divest a court of jurisdiction or otherwise 

constitute a defense to any proceeding under this chapter. 

‘‘§ 70709. Federal activities 

‘‘Nothing in this chapter applies to otherwise lawful activities carried out by or 

at the direction of the United States Government. 

‘‘§ 70710. Definitions 

‘‘In this chapter, the following definitions apply: 

‘‘(1) ALIEN.—The term ‘alien’ has the meaning given that term in section 

70105(f). 

‘‘(2) COVERED VESSEL.—The term ‘covered vessel’ means a vessel of the United 

States, or a vessel subject to the jurisdiction of the United States, that is less 

than 300 gross tons (or an alternate tonnage prescribed by the Secretary under 

section 14104 of this title) as measured under section 14502 of this title. 

‘‘(3) SERIOUS BODILY INJURY.—The term ‘serious bodily injury’ has the meaning given that term in section 1365 of title 18, United States Code. 

‘‘(4) UNITED STATES.—The term ‘United States’ has the meaning given that 

term is section 114. 

‘‘(5) VESSEL OF THE UNITED STATES.—The term ‘vessel of the United States’

has the meaning given that term in section 70502. 

‘‘(6) VESSEL SUBJECT TO THE JURISDICTION OF THE UNITED STATES.—The term 

‘vessel subject to the jurisdiction of the United States’ has the meaning given 

that term in section 70502.’’. 

(b) CLERICAL AMENDMENT.—The analysis for such subtitle is amended by inserting after the item relating to chapter 705 the following: 

‘‘707. Maritime Law Enforcement ..................................................................................................................70701’’. 

PURPOSE OF THE LEGISLATION

H.R. 2830, the ‘‘Coast Guard Authorization Act of 2007’’, as 

amended, authorizes approximately $8.3 billion in funding for the 

United States Coast Guard in fiscal year 2008 and makes changes 

to current law regarding the Coast Guard and maritime transportation. 

BACKGROUND AND NEED FOR THE LEGISLATION

The United States Coast Guard was established on January 28, 

1915, through the consolidation of the Revenue Cutter Service (established in 1790) and the Lifesaving Service (established in 1848). 

The Coast Guard later assumed the duties of three other agencies: 

the Lighthouse Service (established in 1789), the Steamboat Inspection Service (established in 1838), and the Bureau of Navigation (established in 1884). 

Under section 2 of title 14, United States Code, the Coast Guard 

has primary responsibility to enforce or assist in the enforcement 

of all applicable Federal laws on, under, and over the high seas and 

waters subject to the jurisdiction of the United States; to ensure 

the safety of life and property at sea; to protect the marine environment; to carry out domestic and international icebreaking activities; and to ensure the safety and security of vessels, ports, waterways, and related facilities. 

As the fifth armed force of the United States, the Coast Guard 

also maintains defense readiness to operate as a specialized service 


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in the Navy upon the declaration of war or when the President directs. The Coast Guard is composed of approximately 40,000 active 

duty military personnel, 8,100 reservists, 6,700 civilian employees, 

and 36,000 volunteers of the Coast Guard Auxiliary. The Coast 

Guard has defended the nation in every war since 1790. 

In recent years, the Coast Guard has experienced significant increases in its budget and in the service’s scope of missions to preserve maritime safety and security. Following the events of September 11, 2001, the Coast Guard was designated as the lead Federal agency with responsibilities for maritime homeland security. 

The Coast Guard has quickly incorporated these new missions with 

the Service’s many traditional missions of search and rescue, illegal 

drug and migrant interdiction, icebreaking operations, oil spill response and prevention, maritime safety, marine environmental protection, and fisheries law enforcement. However, the addition of 

these new mission demands, in combination with the service’s rapidly deteriorating fleet of vessels and aircraft, is severely testing 

the Coast Guard’s capabilities to carry out its many important missions. 

The Coast Guard has embarked on an ambitious recapitalization 

program to replace the Service’s legacy fleet of vessels, aircraft and 

support systems. The Integrated Deepwater Systems (‘‘Deepwater’’) 

program will replace or modernize more than 90 ships and 200 aircraft used in the Coast Guard’s deepwater missions, which generally occur more than 50 miles offshore. 

The Deepwater program is scheduled to be completed on a 25- year schedule and is projected to cost approximately $24 billion (in 

2002 dollars). This figure and timeline represent estimates that result from post September 11, 2001 program reassessments and increases over the original Deepwater program timeline and budget. 

As part of its continued oversight of the U.S. Coast Guard, the 

Committee on Transportation and Infrastructure will continue to 

ensure that the Service is achieving a balance between its traditional and homeland security missions. Despite the particular attention placed on the Coast Guard’s homeland security-related missions in recent years, the Service performs a much broader range 

of missions to protect lives and property at sea. It is imperative 

that the Service’s non-homeland security functions remain priorities for the Coast Guard. The strength of America’s commerce relies on waterborne trade, and the Coast Guard protects that trade 

not only from terrorism, but also from other threats. As a result 

of concerns that the Service will not have the funding it needs for 

traditional missions, the Committee has placed a ‘‘floor’’ on funding 

for marine safety programs and search and rescue. 

Marine safety programs, particularly those overseeing the safety 

of domestic vessels, are a special concern of the Committee. There 

have been several serious marine casualties involving loss of life 

where the competence of the Coast Guard inspector has been 

placed in doubt—notably the May 1999 sinking of the DUKW Miss 

Majestic, and the March 2004 capsizing of the LADY D. The Coast 

Guard’s investigation of the DUKW Miss Majestic accident (published on December 7, 1999) found that: ‘‘The Coast Guard has no 

national inspection, maintenance and operation standards for 

DUKW passenger vessels.’’ The Coast Guard inspector ‘‘did not notice the missing hinge assembly for the aft shaft housing partly due 


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1 NTSB, Marine Accident Report, ‘‘Sinking of the Amphibious Passenger Vehicle Miss Majestic, Lake Hamilton, Near Hot Springs, Arkansas, May 1, 1999’’; Number NTSB/MAR0201. 

to lack of awareness of the importance of DUKW components.’’ The 

National Transportation Safety Board (‘‘NTSB’’) also investigated 

the accident and found that ‘‘[t]he Coast Guard’s inspection programs for the Miss Majestic was inadequate and cursory’’, and that 

‘‘[t]he lack of Coast Guard guidance and training for the inspection 

of DUKWs contributed to the inadequate inspections of the Miss 

Majestic.’’ 1

As a result of the Lady D tragedy, the Coast Guard reviewed the 

weight standards that the Coast Guard uses for passenger vessels. 

However, despite this tragedy, the Coast Guard has not yet promulgated new weight standards, similar to those recently adopted 

by the Federal Aviation Administration (‘‘FAA’’). In 2004, Congress 

provided the Coast Guard with the authority to inspect all towing 

vessels, and has asked industry for guidance in developing regulations. This process continues with no estimate of when final rules 

might be published. The Coast Guard is also developing regulations 

for commercial fishing vessels, some of which have been under development for almost 15 years. In addition to these projects directly 

impacting the safety of domestic vessels, there is a long list of regulatory initiatives—some with deadlines mandated by the Committee that have long passed—that are yet to be completed, including: hours of service, Automatic Identification System (‘‘AIS’’), electronic charts, alternative tonnage measurement, and potable water. 

The Committee authorizes a minimum spending level for marine 

safety of $527 million specifically to address these regulatory shortfalls and to enable the Coast Guard to hire the additional qualified 

personnel to inspect towing vessels. 

The Committee is also concerned by the Coast Guard’s lack of research and development programs to enhance the Service’s capabilities to carry out its traditional missions. The Coast Guard’s nonhomeland security research and development budget has consistently decreased over the last five years; however the need to improve the Coast Guard’s search and rescue, oil spill response and 

prevention, drug interdiction, and maritime domain awareness missions has not decreased. 

The Administration requested $17 million for non-homeland security research and development programs for fiscal year 2008; the 

bill authorizes an additional $1.5 million to carry out a robust research and development program to support each of the Coast 

Guard’s many missions and to continue to develop new technologies 

and procedures to ensure the security and safety of lives and property at sea; and added an additional $1 million to the R&D budget 

specifically for Fishing Safety Research. 

SUMMARY OF THE LEGISLATION

Section 1. Short title 

Section 1 states that the legislation may be referred to as the 

‘‘Coast Guard Authorization Act of 2007’’. 


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TITLE I—AUTHORIZATION

Title I authorizes funding levels and end-of-year military 

strength levels and military training student loads for fiscal year 

2008. 

Section 101. Authorization of appropriations 

Section 101(1) authorizes $8,317,696,000 in funding for the necessary expenses of the Coast Guard in fiscal year 2008. Of this 

amount, $5.97 billion is for the Coast Guard’s Operating Expenses 

Account. This section requires the Coast Guard to provide $631 

million for search and rescue programs; $527 million for marine 

safety programs; and $80.5 million for personnel that manage the 

Integrated Deepwater Systems programs. In prior years, the personnel costs for the Deepwater program had been authorized under 

the Acquisition, Construction, and Improvement Account. 

Section 101(2) authorizes $ 1,005,768,000 for the Coast Guard’s 

Acquisitions, Construction and Improvements Account including 

approximately $837 million for the Integrated Deepwater Systems 

program, for the acquisition and construction of new vessels, aircraft, facilities, and support systems. This section also authorizes 

$44.6 million for shore facilities and aids to navigation, including 

$6.7 million to repair the pier in New London, Connecticut, that 

the Coast Guard uses to dock the training ship EAGLE. 

Section 101(3) authorizes $18.6 million for the Coast Guard’s program to research and develop technologies, measures, and procedures to enhance the Coast Guard’s capabilities to carry out the 

Service’s many missions. The Committee strongly believes that this 

funding should remain under the Coast Guard’s direct control and 

that no portion of this funding should be transferred to any other 

entity within the Department of Homeland Security, as the President has again proposed. The Coast Guard’s unique character as a 

military service with a wide scope of regulatory functions requires 

that this funding be available to support missions including defense readiness, search and rescue, marine environmental protection, providing aids to navigation, fishing safety research in Section 

307 of this Act, and protecting America’s maritime homeland security. 

Section 101(4) authorizes $1.2 billion for retired pay, a mandatory expenditure. 

Section 101(5) authorizes $16 million for the Federal share of 

costs associated with alteration or removal of bridges that have 

been identified by the Coast Guard as obstructions to navigation. 

Section 101(6) authorizes $12 million for environmental compliance and restoration at Coast Guard facilities. 

Section 101(7) authorizes $127 million for the Coast Guard Reserve program. 

Section 102. Authorized levels of military strength and training. 

Section 102 authorizes a Coast Guard end-of-year strength of 

45,500 active duty military personnel for fiscal year 2008. This 

level maintains the personnel level that was authorized at the end 

of fiscal year 2006. The section also authorizes average military 

training student loads for fiscal year 2008 at the same level as was 

authorized in fiscal year 2006. 


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Section 103. Transfer of bridge administration program and functions. 

Section 103 authorizes the transfer of the bridge administration 

from the Department of Homeland Security (Coast Guard) to the 

Department of Transportation. Prior to 1967, these operations were 

performed by the Army Corps of Engineers and were transferred 

to the Department of Transportation when it was created to provide better coordination between the marine industry that uses the 

waterways and the railroads and highway departments who generally own the bridges. 

TITLE II—COAST GUARD

Title II amends Title 14, the title of the United States Code that 

authorizes activities and functions of the Coast Guard. 

Section 201. Appointment of civilian Coast Guard judges 

Section 201 amends chapter 7 of title 14, United States Code, to 

authorize the Coast Guard to appoint civilian judges to the Coast 

Guard Appellate Court, which hears appeals from courts-martial, 

as vacancies occur. Civilian judges were previously permitted to be 

appointed to this court by the Secretary of Transportation, and this 

provision provides the Secretary of Homeland Security with the 

same statutory authority. 

Section 202. Industrial activities 

Section 202 authorizes Coast Guard industrial activities facilities, such as the Coast Guard Yard in Baltimore, Maryland, and 

the Aircraft Repair and Supply Center in Elizabeth City, North 

Carolina, to enter into reimbursable agreements to perform work 

for agencies in the Department of Defense. 

Section 203. Reimbursement for certain medical-related travel expenses 

Section 203 authorizes reimbursement of travel-related expenses 

to Coast Guard personnel who are stationed on an island in the 48 

contiguous States when a family member is referred to a specialty 

care provider off-island that is less than 100 miles from the primary care provider. Currently, there is only authorization for the 

reimbursement when the specialty care provider is more than 100 

miles. Their families do not have the option of driving off-island 

and, as a result, often have to pay expensive flight costs. Personnel 

stationed outside the continental United States already have authority for this reimbursement. 

Section 204. Commissioned officers 

Section 204 will make permanent the temporary increase in the 

Coast Guard’s allowable number of officers from 6,200 to 6,700 that 

was authorized for 2004–2006. This increase was previously granted as a result of the Service’s increased homeland security role following September 11. 


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Section 205. Coast Guard participation in the Armed Forces Retirement Home system 

Section 205 authorizes Coast Guard veterans to have the same 

access to the Armed Forces Retirement Home system as retirees 

from the other military services. 

Section 206. Grants to international maritime organizations 

Section 206 amends Section 149 of title 14, United States Code, 

to authorize the Coast Guard to provide funds to international 

maritime authorities and organizations that collect and maintain 

international databases. In exchange, the Coast Guard would have 

access to information on foreign vessels and ports regarding their 

global safety and security compliance history. This additional information would allow the Coast Guard to make more accurate threat 

assessments. 

Section 207. Emergency leave retention authority 

Section 207 provides that any Coast Guard personnel who work 

in support of a declaration of a major disaster or emergency by the 

President shall retain up to a total of 90 days of accrued leave. 

Currently, personnel can only retain up to 60 days of accrued leave 

if not used by the end of the fiscal year. 

Section 208. Enforcement authority 

Section 208 makes a technical correction to transfer language 

from title 46, United States Code, to title 14, United States Code, 

regarding the Coast Guard’s law enforcement authorities at onshore facilities. The provision also removes a limitation that had 

only permitted Coast Guard personnel to make arrests if a crime 

actually occurs in their presence. 

Section 209. Repeal 

Section 209 repeals section 216 of title 14, United States Code, 

which pertains to the ranking of warrant officers. This provision is 

obsolete. 

Section 210. Admirals and Vice-Admirals 

Section 210 implements the Administration’s proposed reorganization of the Coast Guard by eliminating the two Area Commands that are established by law and the Coast Guard Chief of 

Staff. These three Vice Admirals are replaced by a Deputy Commandant for Mission Support; a Deputy Commandant for National 

Operations and Policy; a Commander, Force Readiness Command; 

and a Commander, Operations Command. This section also promotes the Vice Commandant to a full Admiral. 

Section 211. Merchant Marine Medical Advisory Committee 

Section 211 authorizes the Secretary to appoint a Merchant Marine Medical Advisory Committee to advise the Secretary regarding 

medical issues relating to the medical certification of merchant 

mariners, including physical qualifications for operators of commercial vessels. Ten members of the 12 member committee shall be 

medical professionals with expertise regarding the medical examination of merchant mariners or occupational medicine, and two 


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shall be professional mariners with experience in mariner occupational requirements. 

Section 212. Reserve commissioned warrant officer to lieutenant 

program 

Section 212 authorizes the President to promote a commissioned 

Coast Guard warrant officer in regular and reserve service to the 

grade of lieutenant on a temporary basis in accordance with the 

needs of the service. 

Section 213. Enhanced status quo officer promotion system 

Section 213 provides the Coast Guard the authority to retain and 

promote officers that have specialized skills in order to meet the 

needs of the Coast Guard. The current Coast Guard promotion system provides the Coast Guard with generalists and does not readily 

allow for officer specialties. The 2002–2003 Officer Corps Management System studies found that there is an increasing need in the 

officer corps for specialists. The Committee recommends that the 

Coast Guard use this authority to significantly increase the number of specialists in the Coast Guard. 

Section 214. Laser training system 

Section 214 requires the Coast Guard to test an integrated laser 

system for training Coast Guard personnel on the use of automatic 

weapons and M–16 rifles on small Coast Guard vessels on the 

Great Lakes. The Secretary is also required to submit a report to 

Congress on the costs and benefits of using a laser training system 

for Coast Guard personnel on the Great Lakes and nationally. 

Section 215. Coast Guard vessels and aircraft 

Section 215 expands section 637 of title 14, United States Code, 

to provide that personnel in command of a Coast Guard operation 

that use disabling fire to stop a vessel or aircraft are also to be indemnified if the vessel is under the tactical control of the Coast 

Guard and Coast Guard personnel are on the vessel or aircraft conducting the Coast Guard mission. 

Section 216. Coast Guard District Ombudsmen 

Section 216 requires the appointment of a Coast Guard District 

Ombudsman in each Coast Guard district. Those individuals appointed as ombudsmen must have experience in port and transportation systems and maritime commerce. The purpose of the ombudsman will be to resolve disputes between the Coast Guard and 

ports, labor, shipowners, and terminal operators regarding requirements imposed or services provided by the Coast Guard. The District Ombudsmen shall develop guidelines regarding the types of 

disputes with respect to which the ombudsman can provide assistance; priority shall be given to petitioners who believe they will 

suffer a significant hardship as the result of implementing a Coast 

Guard requirement or being denied a Coast Guard service. The 

District Ombudsman is empowered to consult with Coast Guard 

personnel and review any document that will aid an investigation. 

Complaints are to be addressed within four months of being submitted to the District Ombudsman. 


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TITLE III—SHIPPING AND NAVIGATION

Title III amends statutes relating to shipping and navigation in 

U.S. waters. 

Section 301. Vessel size limits 

Section 301 allows fishing vessels in the rationalized Bering Sea/ 

Aleutian Islands pollock fishery to be documented with a fishery 

endorsement if the vessel is a rebuilt or a replacement vessel of a 

vessel that is authorized to hold a Federal fishery permit under the 

American Fisheries Act, notwithstanding current limits on length, 

tonnage, and horsepower. This section does not alter the fishery 

quotas established through the Federal fisheries management process. 

Section 302. Goods and services 

Section 302 clarifies that non-Federal sales taxes on goods and 

services may be levied upon or collected from vessels when the vessel is operating on any navigable water subject to the authority of 

the United States. 

Section 303. Seaward extension of anchorage grounds jurisdiction 

Section 303 extends the Coast Guard’s authority to establish anchorage grounds for vessels from three nautical miles to 12 nautical miles and also increases the civil penalty fines imposed for a 

violation of rules concerning the anchorage grounds from $100 to 

up to $10,000, with each day of a continuing violation constituting 

a separate violation. The amount of the penalty was last adjusted 

in 1915. 

Section 304. Maritime Drug Law Enforcement Act amendment— 

Simple possession 

Section 304 establishes a civil penalty offense for simple possession of a controlled substance on a vessel subject to the jurisdiction 

of the United States or at a facility defined under section 70101 of 

title 46, United States Code. The civil penalty shall be up to 

$10,000 for each violation. 

Section 305. Technical amendments to tonnage measurement law 

Section 305 makes technical amendments to laws regarding the 

tonnage measurement of vessels. 

Section 306. Seamen’s shoreside access 

Section 306 requires each facility security plan approved under 

section 70103(c) of title 46, United States Code, to provide a system 

for seamen, pilots, ministers, and labor organizations to board and 

depart the vessel through the facility in a timely manner at no cost 

to the individual or the vessel. This addresses a growing problem 

where these individuals or the vessel may be charged hundreds of 

dollars for being provided an escort through a facility when they 

board or depart a vessel. 

Section 307. Fishing vessel safety 

Section 307 establishes safety equipment standards for all commercial fishing, fish tender, and fish processing fishing vessels opVerDate Aug 31 2005 22:09 Sep 21, 2007 Jkt 059006 PO 00000 Frm 00052 Fmt 6659 Sfmt 6602 E:\HR\OC\HR338P1.XXX HR338P1

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erating beyond three nautical miles of the coast, and clarifies the 

equipment requirements for these vessels. In addition, Section 307 

establishes design and construction standards for all new vessels. 

New fishing and fish tender vessels, and fishing or fish tender vessels that undergoes a ‘‘major conversion’’ as defined in 46 U.S.C. 

2101(14a), operating beyond three nautical miles of the coast and 

over 50 feet in length, will need to be ‘‘classed’’ by the American 

Bureau of Shipping or an equivalent classification society. ‘‘Classification’’ provides evidence that a vessel is mechanically and structurally fit for the intended service. New fishing and fish tender vessels, operating beyond three nautical miles of the coast, less than 

50 feet in length, are required under this section to meet standards 

required of recreational vessels under section 4302 of title 46, 

United States Code, that provide an equivalent level of safety. New 

fishing vessels over 79 feet in length would be required to have a 

‘‘load line’’. Section 307 also authorizes the Secretary to examine 

vessels that operate beyond three nautical miles of the coast to ensure compliance with safety regulations. 

Existing fishing vessels more than 25 years of age are not required to meet any classification requirement until January 1, 

2018. After that date, 25 year old fishing vessels will be required 

to meet an alternate compliance program established by the Secretary of Homeland Security. The Secretary is required to prescribe 

the alternate compliance program standards by January 1, 2015. 

The section also authorizes and requires a training program for 

the operators of fishing vessels that operate beyond three miles of 

the coast. The program is to be based on professional knowledge, 

hands-on training, and will give credit for recent past experience. 

Those who successfully complete the program will receive a certificate, and will need to complete refresher training at least once 

every five years to keep the certificate current. Individuals who 

hold a mariner license and can demonstrate equivalent training, 

while encouraged to obtain the training described, should not be required to do so. 

The requirements developed by the Coast Guard for the approval 

of the structured, shore side training course must include specific 

elements listed in this section, and a suitable rigorous test covering 

each of these enumerated elements should be administered. The 

student must pass an examination for each of the items addressed 

as well as a final test and skill demonstration at the course end 

covering the elements of each of the areas specified. Upon successful completion of the Coast Guard approved training program, the 

training provider will issue a certificate of completion in the format 

prescribed in the Coast Guard course approval regulations or associated guidance documents. The training program developed by the 

Coast Guard should include an oversight and audit program to assure that the courses delivered by the approved training providers 

meet the stated approval requirements. 

While Section 307 does not address fishermen’s physical condition nor drug and alcohol testing, it is critical to a safe working environment, and the Committee believes that responsible vessel operators should make it part of their normal business practice. The 

protocols for such a program are well established and successful in 

the other commercial maritime shipping communities. Similarly, 

workplace injury and operational accidents from slips, falls and 


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man overboard accidents need to be addressed in an operator’s 

safety program. 

Section 307 also establishes two grant programs. This section authorizes the Secretary to establish Fishing Vessel Safety Grants, to 

fund training of operators and crew of commercial fishing vessels. 

It is the intent of the Committee that these grants be available to 

programs and individuals who provide training for both operators 

and crewmembers of commercial fishing vessels. The grants are to 

be awarded on a competitive basis to organizations or individuals 

that are approved by the Secretary and that provide hands-on, 

skills-based training. This section further authorizes the Secretary 

to establish Fishing Safety Research Grants, to provide funding for 

research on methods to improve the safety of commercial fishing, 

specifically including investigation of enhanced vessel monitoring 

systems. Additional funding for this program is added to the Coast 

Guard’s R&D authorization in Section 101(3) of this Act. 

Section 308. Mariner records 

Section 308 authorizes the Secretary to require vessel owners or 

managing operators of commercial vessels to maintain employment 

records of seamen for a period of not less than five years after the 

completion of employment, and to make the records available to the 

individual or the Coast Guard on request. 

Section 309. Deletion of exemption of license requirement for operators of certain towing vessels 

Section 309 deletes an exemption for licensing of operators of 

vessels engaged in the offshore mineral and oil industry where the 

vessel has offshore mineral and oil industry sites or equipment as 

its ultimate destination or place of departure. The exemption created by Section 8905(b) of title 46, United States Code, exempting 

operators of certain vessels from U.S. Coast Guard licensing requirements, is no longer a viable exception to the rule and creates 

a potential serious threat to navigational safety. 

Section 310. Adjustment of liability limits for natural gas deepwater 

ports 

Section 310 authorizes the Secretary to establish a minimum 

limit of liability for liquefied natural gas (‘‘LNG’’) deepwater ports 

of $12 million. 

Section 311. Period limitations for claims against oil spill liability 

trust fund 

Section 311 reduces the period that claims can be filed against 

the Oil Spill Liability Trust Fund from six years to three years. 

Section 312. Log books 

Section 312 requires log books on all manned inspected vessels, 

not just those on foreign or coastwise voyages, and adds new circumstances when information must be added to the log book. 

Section 313. Unsafe operation 

Section 313 adds a new section to 46 U.S.C. Chapter 21 applying 

‘‘termination for unsafe operation’’ to all vessels subject to the title. 

Currently, there are similar provisions for ‘‘recreational vessels’’


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and ‘‘uninspected commercial fishing industry vessels.’’ This new 

provision would permit those authorized to enforce the title to remove and terminate a voyage when the vessel is not in compliance 

with an issued certificate or is being operated in an unsafe condition that creates an especially hazardous condition. 

Section 314. Approval of survival craft 

Section 314 prohibits the Secretary from approving as a ‘‘survival 

craft’’ a device that does not support the individuals it is certified 

to carry when those individuals are out of the water. For instance, 

a six-person device must be able to support six persons out of the 

water, while a 25-person device must be able to support 25 persons 

out of the water. 

This section does not stipulate the vessels that must carry survival craft. The section also does not require that all survival craft 

be inflatable, since designs may be developed in the future for rigid 

survival craft that are capable of supporting individuals out of the 

water. 

The importance of providing survival craft that will support individuals out of the water is particularly important for infants, the 

elderly, and the disabled. The FAA currently requires that aircraft 

operating over-water be equipped with life rafts that provide outof-the-water protection. 

This section allows the use of existing approved survival craft 

that do not provide out-of-the-water protection for up to five years 

provided the equipment is in good and serviceable condition. 

Section 315. Safety management 

Section 315 authorizes the Secretary to require ‘‘Safety Management Systems’’ on passenger vessels and small passenger vessels 

based on the number of passengers that could be killed or injured 

in a marine casualty. A ‘‘Safety Management System’’ requires vessel owners to document operational policy, chain of authority, and 

operational and emergency procedures that specify responsibilities 

of the owner or operator, managers, and masters; and outlining 

procedures for management review, internal audits, and correction 

of problems. This section does not require the Coast Guard to apply 

the International Safety Management System to these vessels. Instead, the Coast Guard is required to consider the characteristics, 

methods of operation, and nature of the service of these vessels 

when prescribing the safety management regulations. 

Section 316. Protection against discrimination 

Section 316 allows maritime workers who lose their jobs or are 

discriminated against because they report safety violations to the 

Coast Guard to use the same Department of Labor complaint process that is currently available to commercial drivers, railroad workers, and aviation workers. The section also clarifies the whistleblower protections provided in the Coast Guard Authorization Act 

of 2002. This section expands these protections to cover a broader 

scope of work related issues, such as cooperating with a safety investigation of the National Transportation Safety Board. 


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Section 317. Dry bulk cargo residue 

Section 317 extends from 2008 to 2009 the time the Coast Guard 

has to promulgate regulations for the disposal of dry bulk cargo 

residue in the Great Lakes. 

Section 318. Clarification of delegation of authority to classification 

societies 

Section 318 clarifies and extends the existing authority to delegate inspection to a recognized classification society to off-shore 

structures or ‘‘floating installations’’. Currently the Secretary may 

delegate inspection of vessels, but not structures, to a classification 

society. 

Section 319. Registry endorsement for LNG vessels 

Section 319 requires that a vessel or facility engaged in regasification of natural gas on the navigable waters of the United States 

must have a registry endorsement unless it is transporting LNG 

from a foreign port. Section 3 of title 1, United States Code defines 

a vessel to include ‘‘every description of watercraft or other artificial contrivance used, or ‘‘capable’’ of being used, as a means of 

transportation on water.’’ The Committee is concerned that a person could tow a foreign flag vessel to the United States, attach it 

to a gas pipeline in the navigable waters of the United States, and 

operate it here for long periods of time even though it was built to 

foreign, not U.S. Coast Guard, safety standards. The Committee is 

also concerned that in doing so, an individual may attempt to 

evade U.S. safety standards, such as the double-hull requirements 

for tank vessels, by claiming that the vessel is not a vessel, even 

though it is capable of being used for transportation on water if it 

is detached from the pipeline and mooring. This section will ensure 

that U.S. Coast Guard safety regulations will apply to these floating operations that operate on U.S. navigable waters. The Committee does not intend to prohibit a facility from receiving a registry endorsement. The Committee expects the Coast Guard to prescribe interim regulations for registry endorsements of a facility to 

which this section applies within 30 days after the date of enactment of this Act. 

Section 320. Oaths 

Section 320 repeals Sections 7105 and 7305 of title 46, United 

States Code, which require the applicant to appear in person to 

take an oath. 

Section 321. Duration of credentials 

Section 321 permits the holder of a merchant mariner document 

or license to renew the document in advance of the expiration of 

an existing document, but delays the effective date until the previous document expires. 

Section 322. Fingerprinting 

Section 322 eliminates duplicate fingerprinting for merchant 

mariners who have already been fingerprinted in connection with 

obtaining a Transportation Worker Identification Card. 


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Section 323. Authorization to extend the duration of licenses, certificates of registry, and merchant mariners’ documents 

Section 323 permits the Secretary to extend for up to one year 

a License or Certificate of Registry or a Merchant Mariner’s Document, if the Secretary determines that such extension would eliminate a backlog in processing applications. 

Section 324. Merchant mariner documentation 

Section 324 requires the Secretary of Homeland Security to develop an interim clearance procedure that will allow the issuance 

of a merchant mariner document to a new-hire or an off-shore supply or towing vessel provided the Secretary makes a preliminary 

determination that the individual does not pose a safety and security risk. 

Section 325. Merchant mariner assistance report 

Section 325 requires the Coast Guard to report to the appropriate committees of the House and Senate—not later than 180 

days after enactment of this Act—on plans to (1) expand the 

streamlined evaluation that was implemented at Houston Regional 

Exam Center; (2) simplify the application process of seamen and 

merchant mariner documents; (3) provide notice to an applicant of 

the status of a pending application; and (4) ensure that information 

collected from applicants is retained in a secure electronic format. 

Section 326. Merchant mariner shortage report 

Section 326 requires the Secretary of Transportation, through 

the Administrator of the Maritime Administration, to report to the 

appropriate committees of the House and Senate—not later than 

180 days after enactment of this Act—on methods to address current and future shortages of merchant mariners, particularly entrylevel mariners, and evaluate whether a loan program for on-the-job 

training would alleviate the shortage. 

Section 327. Merchant mariner document standards 

Section 327 requires the Secretary of Homeland Security to report—not later than 270 days after enactment—to the appropriate 

committees of the House and Senate regarding: a plan for processing Transportation Worker Identification Cards by mail; the feasibility of redesigning merchant mariner documents to comply with 

section 70105 of title 46 United States Code, including a biometric 

identifier, and all relevant international conventions, including ILO 

Convention 185 concerning seafarer identity; and whether such a 

consolidated document would eliminate the need for separate credentials, background screening, and application processes that are 

associated with multiple documents. 

Section 328. Waterside security around liquefied natural gas terminals and liquefied natural gas tankers 

Section 328 makes the Commandant of the Coast Guard responsible for providing waterside security for services around LNG terminals and around tankers transporting LNG in security zones established by the Coast Guard. It further restricts a facility security 

plan from being based on the provision by a State or local government unless the Secretary of Homeland Security certifies that the 


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State or local governments have the training, resources, personnel, 

equipment, and experience necessary to successfully deter all 

transportation security incidents, such as a terrorist attack on the 

vessel or facility. 

Section 328(d) prohibits the Coast Guard from approving a LNG 

facility security plan unless the Coast Guard certifies that the 

Coast Guard sector in which the LNG facility is located has all of 

the assets it needs to provide waterside security around the LNG 

tankers. The Committee is concerned that the Coast Guard will approve LNG facility security plans even though vessels and personnel to provide adequate waterside security at a facility or 

around the LNG tanker are not available. The Coast Guard currently does not have the ability to reject a facility plan because sufficient resources to effectively provide waterside security for a high 

risk facility are not available. As was made clear in a colloquy during Full Committee markup of this bill, this amendment does not 

require that those resources be owned or operated by the Coast 

Guard. Such resources can be provided on a reimbursable basis by 

State and local governments. 

TITLE IV—MISCELLANEOUS PROVISIONS

Section 401. Certificate of documentation for GALLANT LADY 

Section 401 authorizes the Secretary of the department in which 

the Coast Guard is operating to issue a certificate of documentation 

with a limited coastwise endorsement for the limited purpose of allowing a vessel, the GALLANT LADY, to host charity events in 

which the vessel’s owner receives no compensation. 

Section 402. Waiver 

Section 402 authorizes the Secretary of the department in which 

the Coast Guard is operating to issue a certificate of documentation 

with a coastwise endorsement for the vessel OCEAN VERITAS because it had been transferred to a foreign registry. 

Section 403. Great Lakes Maritime Research Institute 

Section 403 requires the National Maritime Enhancement Institute for the Great Lakes region to conduct maritime transportation 

studies. It also authorizes appropriations through 2010 to carry out 

the studies. 

Section 404. Conveyance 

Section 404 authorizes the Secretary to convey the Coast Guard 

Boathouse at Station Brant Point, Nantucket, Massachusetts, to 

the Town of Nantucket, and permits the town to lease the land on 

which the Boathouse resides for a period of up to 25 years. 

Section 405. Crew wages on passenger vessels 

Section 405 places a cap on the liability for cruise ships for violation of the double wage penalty law. Current law provides that if 

a shipowner does not pay a seaman what the seaman is owed 

under his employment contract without sufficient cause, the shipowner must pay the seaman two days wages for each day he does 

not pay the seaman the contractual amount. This amendment 

places a cap on class action cases brought for non-payment of the 


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contractual wages. The cap provided is ten times the unpaid wages 

that are subject to the claim. A three-year statute of limitations is 

also established for the filing of class action law suits filed under 

the Act. 

This section also authorizes seaman’s wages to be paid electronically into a financial institution designated by the seaman, if the 

deposits in the financial institution are fully guaranteed under 

commonly accepted international standards by the government of 

the country in which the financial institution is licensed. 

Section 406. Technical corrections 

Section 406 makes technical corrections to the Coast Guard and 

Maritime Transportation Act of 2006 (P.L. 109–241). 

Section 407. Conveyance of decommissioned Coast Guard Cutter 

STORIS 

Section 407 conveys the decommissioned Coast Guard Cutter 

STORIS to the Storis Museum and Maritime Education Center in 

Alaska. This cutter operated in Alaska for decades and this provision allows it to remain in Alaska and be used as museum and historical display, using the same procedures adopted in past conveyances. 

Section 408. Repeal of requirements of licenses for employment in 

the business of salvaging on the coast of Florida 

Section 408 repeals an obsolete provision of law dating from approximately 1848 that requires companies engaged in salvage operations in the State of Florida to be approved by the District Court. 

No salvage company has been approved since approximately 1921 

because no one realized the provision existed until the recent codification of title 46 of the United States Code. 

Section 409. Right-of-first-refusal for Coast Guard property on Jupiter Island, Florida 

Section 409 grants the Town of Jupiter Island, Florida a rightof-first-refusal for an exchange of property with the Coast Guard. 

Property transferred shall be used solely for conservation of habitat 

and protection against damage from wind, tidal, and wave energy. 

Section 410. Conveyance of Coast Guard HU–25 Falcon Jet aircraft 

Section 410 conveys an excess HU–25 Falcon Jet aircraft currently used by the Coast Guard to the Elizabeth City State University in North Carolina for educational purposes, using the same 

procedures adopted in past conveyances. 

Section 411. Decommissioned Coast Guard vessels for Haiti 

Section 411 allows the government of Haiti a right-of-first-refusal 

for up to 10 Coast Guard 41–foot patrol boats when they are decommissioned, provided they are used by the Coast Guard of Haiti 

and available to the United States in time of war or national emergency. 


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Section 412. Extension of period for operation of vessel for setting, 

relocation, or recovery of anchors or other mooring equipment 

Current law requires vessels that are engaged in the setting, relocation, or recovery of anchors or other mooring equipment to have 

a registry endorsement under chapter 121 of title 46, United States 

Code. This section extends the grandfather for operators from this 

requirement from two years to three years. 

Section 413. Vessel traffic risk assessments 

Section 413 requires the Commandant of the Coast Guard to prepare vessel traffic risk assessments for Cook Inlet, Alaska, and the 

Aleutian Islands, Alaska. The Committee is concerned that the increased traffic in these two areas may require additional safety 

measures to protect against marine casualties. This assessment 

will help provide information regarding the risk of marine casualties in these areas. 

Section 414. Vessel MARYLAND INDEPENDENCE 

Section 414 provides a waiver from the U.S. build requirement 

of the coastwise trade laws for the vessel MARYLAND INDEPENDENCE. However that coastwise waiver is terminated if the 

vessel, or controlling interest in the person that owns the vessel, 

is sold or if any repairs or alterations are made to the vessel outside of the United States. 

Section 415. Study of relocation of Coast Guard Sector Buffalo facilities 

Section 415 requires the Commandant of the Coast Guard to conduct a project proposal report on the feasibility of consolidating and 

relocating the Coast Guard facilities at Coast Guard Sector Buffalo 

and to prepare preliminary plans for the design engineering, and 

construction for the consolidation of these facilities. 

TITLE V—BALLAST WATER TREATMENT

Section 501. Short title 

Section 501 states that the title may be referred to as the ‘‘Ballast Water Treatment Act of 2007’’. 

Section 502. Declaration of goals and purposes 

Section 502 establishes the objective of the Act which is to eliminate the threat and impact of nonindigenous aquatic nuisance species in the waters of the U.S. It also states that it is a national goal 

that ballast water discharged into the waters of the U.S. will contain no living organisms by the year 2015. 

Section 503. Ballast water management 

Section 503 codifies current Coast Guard regulations and requires all vessels carrying ballast water to conduct ballast exchange operations more than 200 miles offshore before the vessels 

enter the United States. 

Section 503 also establishes a requirement that after a vessel’s 

first drydocking, beginning January 1, 2009, the vessel must have 

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ments provided for in the Act. All ships must have these systems 

installed by January 1, 2014. 

The standards are: 

• Less than one living organism per 100 cubic meters of water 

for organisms 50 or more microns in size. • Less than one living organism per 100 milliliters of water for 

organisms between 10 and 50 microns in size. • Specific performance requirements for microbes of various 

types. 

Not later than one year after the date of enactment of this Act, 

the Coast Guard is to determine whether technology is available to 

meet this standard. If available technology can provide even cleaner ballast water, the Secretary can adjust the standard to reflect 

the improved performance of the technology. If technology is not 

available to meet the standard according to the initial review, the 

Secretary may delay the effective date of the requirements by up 

to two years. If the Secretary determines that technologies are not 

available after subsequent reviews, the Secretary may delay the 

imposition of standards for additional two-year periods. 

After 2012, the Secretary is required to review the standard 

every three years and adjust the standards to account for improvements in ballast water treatment technology if necessary. 

This section allows the Secretary to exempt vessels operating exclusively in closed aquatic systems (i.e., the Great Lakes) from having treatment systems because these vessels do not introduce new 

species into their environment. However, at the request of the Animal and Plant Health Inspection Service (‘‘APHIS’’), the Secretary 

shall require the installation of ballast water treatment systems 

designed to prevent the spread of infectious diseases to plants and 

animals as otherwise authorized by law. 

This section also requires vessel operators to dispose of ballast 

tank sediments in accordance with their ballast water management 

plan approved by the Secretary and provides the Secretary the authority to require vessels that sail with ‘‘no ballast on board’’ in 

their ballast tanks to rinse those tanks before they enter the waters of the United States. This will help get rid of invasive species 

that may be in the sediment in the bottom of ballast tanks before 

the ships enter the United States. 

To provide for standardization of ballast water treatment systems on vessels that engage in interstate and foreign commerce of 

the United States, this section also preempts State standards regarding ballast water management (including ballast water exchange and ballast water treatment). The Committee is concerned 

that varying State treatment standards could pose a significant impediment to commerce. However, this section allows a State to inspect and enforce the standards provided for in this Act or prescribed by the Secretary if the State has the resources and scientific expertise to conduct those inspections and enforcement. 

However, the Committee does not intend to prevent the Coast 

Guard, in addition to the States, from enforcing the requirements 

made under this Act. 

Section 504. National ballast water management information 

Section 504 requires the Secretary to conduct a ballast water 

survey of the number of living organisms in untreated ballast 


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water, a survey of the number of living organisms in the ballast 

water of ships that has been exchanged on the high seas, and a 

survey of the number of living organisms in the ballast water of 

vessels that are participating in a program to test and evaluate 

promising ballast water treatment technologies. The Secretary is 

required to submit a report to Congress on the results of these surveys. 

Section 505. Ballast water management evaluation and demonstration program 

Section 505 formally codifies the establishment of the Shipboard 

Technology Evaluation Program (‘‘STEP’’) to evaluate alternative 

ballast water management methods on vessels to prevent the introduction of aquatic nuisance species in the waters of the United 

States. This section establishes minimum criteria for the technology that is eligible to participate in this program and allows the 

Secretary to change those criteria based on the discharge standards 

that are prescribed under section 1101(f). This section also requires 

the Undersecretary to conduct a program to demonstrate and verify 

technologies and practices to monitor and control the introduction 

of aquatic invasive species by ship pathways other than the release 

of ballast water. 

Section 506. Rapid response plan 

Section 506 requires the President to establish and publish a national rapid response plan for killing, removing, or minimizing the 

spread of aquatic nuisance species in the waters of the United 

States. The plan must include the assignment of duties between 

the various Federal, State, and local agencies involved in the response; the identification, procurement, and storage of equipment 

and supplies needed to facilitate those eradication efforts; a monitoring system to detect early introduction of invasive species; and 

the establishment of a national center to provide coordination and 

direction for these operations. This section is modeled after the successful National Response Plan system that was developed under 

the Oil Pollution Act of 1990. 

Section 507. Authorization of appropriations 

Section 507 authorizes $20 million for each of fiscal years 2008 

through 2012 to carry out the Act. This section also provides an additional $500,000 for each of the fiscal years 2008 through 2013 to 

carry out section 1102(f) of the bill; $6 million for each of the fiscal 

years 2008 through 2013 to carry out section 1104(b) of the bill; 

and $1.5 million for each of the fiscal years 2008 through 2013 to 

carry out section 1104(c) of the bill. 

TITLE VI—ALIEN SMUGGLING

Section 601. Short title 

Section 601 provides that the short title of this title is the ‘‘Maritime Law Enforcement Improvement Act of 2007’’. 

Section 602. Maritime law enforcement 

Section 602 adds a new chapter 707 to title 46, United States 

Code. This new chapter makes it unlawful to transport or facilitate 


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the transportation of an alien, defined as any person who is not a 

citizen or national of the United States, on board a vessel covered 

by this title if that person has reason to believe that the alien is 

attempting to enter the United States unlawfully. 

This section provides an affirmative defense against this felony. 

An individual cannot be charged under this section if that individual proves that the alien was on board after being rescued at 

sea or the entry into the United States was a necessary response 

to an imminent threat of death or serious bodily injury to the alien. 

However, to use that defense, the person had to have informed the 

Coast Guard of the presence of the alien on the vessel and the circumstances of the rescue as soon as practicable and the defendant 

then complied with all orders given to him by the Coast Guard. 

A person violating this section may be imprisoned for between 

three and 20 years or fined not more than $100,000, or both. Any 

vessel used in the commission of this crime may be forfeited to the 

United States Government. 

LEGISLATIVE HISTORY AND COMMITTEE CONSIDERATION

On March 8, 2007, the Subcommittee on Coast Guard and Maritime Transportation conducted an oversight hearing on the Coast 

Guard budget request and the administration’s authorization bill. 

On June 22, 2007, Chairman James L. Oberstar introduced H.R. 

2830, the ‘‘Coast Guard Authorization Act of 2007’’. H.R. 2830 was 

solely referred to the Committee on Transportation and Infrastructure. 

On June 26, 2007, the Subcommittee on Coast Guard and Maritime Transportation met in open session to consider H.R. 2830. A 

manager’s amendment was adopted by voice vote that streamlined 

the logbook requirements contained in the bill; authorized vessel 

traffic risk assessments in Alaska; clarified when the Coast Guard 

may allow State and local governments to take over Coast Guard 

responsibilities for security at liquefied natural gas facilities; required vessels entering the Great Lakes without ballast to conduct 

ballast water exchange before entering those lakes; allowed the 

Coast Guard to delay for up to two years the requirements for ballast water treatment provided in the bill if ballast water treatment 

technology is not available; required the Coast Guard to conduct 

ballast water surveys; codified the Coast Guard shipboard technology demonstration program; and exempted certain vessels 

owned by the Maritime Administration from having to install ballast water treatment technology if they are on a voyage to a place 

where they will be scrapped. The Subcommittee favorably recommended H.R. 2830, as amended, to the Committee on Transportation by voice vote with a quorum present. 

On June 28, 2007, the Committee on Transportation and Infrastructure met in open session to consider H.R. 2830. The Committee adopted five amendments by voice vote: an amendment on 

alien smuggling; an amendment regarding the approval of facility 

security plans for Liquefied Natural Gas facilities; an amendment 

regarding ballast water discharge; an amendment to study the relocation of Coast Guard facilities in Buffalo, New York; and an 

amendment to authorize the Coast Guard to issue a Coastwise Endorsement to the vessel MARYLAND INDEPENDENCE. The ComVerDate Aug 31 2005 22:09 Sep 21, 2007 Jkt 059006 PO 00000 Frm 00063 Fmt 6659 Sfmt 6602 E:\HR\OC\HR338P1.XXX HR338P1

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mittee ordered H.R. 2830, as amended, reported favorably to the 

House by voice vote with a quorum present. 

RECORD VOTES

Clause 3(b) of rule XIII of the House of Representatives requires 

each committee report to include the total number of votes cast for 

and against on each roll call vote on a motion to report and on any 

amendment offered to the measure or matter, and the names of 

those members voting for and against. There were no recorded 

votes taken in connection with any amendment to H.R. 2830 or 

with ordering H.R. 2830, as amended, reported. The Committee ordered H.R. 2830, as amended, reported favorably to the House by 

voice vote with a quorum present. 

COMMITTEE OVERSIGHT FINDINGS

With respect to the requirements of clause 3(c)(1) of rule XIII of 

the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in this report. 

COST OF LEGISLATION

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives does not apply where a cost estimate and comparison prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974 has been timely 

submitted prior to the filing of the report and is included in the report. Such a cost estimate is included in this report. 

COMPLIANCE WITH HOUSE RULE XIII 

1. With respect to the requirement of clause 3(c)(2) of rule XIII 

of the Rules of the House of Representatives, and 308(a) of the 

Congressional Budget Act of 1974, the Committee references the 

report of the Congressional Budget Office included below. 

2. With respect to the requirement of clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, the performance goals 

and objectives of this legislation are to authorize funding for personnel and activities of the United States Coast Guard and make 

changes to maritime transportation law. 

3. With respect to the requirement of clause 3(c)(3) of rule XIII 

of the Rules of the House of Representatives and section 402 of the 

Congressional Budget Act of 1974, the Committee has received the 

following cost estimate for H.R. 2830 from the Director of the Congressional Budget Office. 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, August 29, 2007. 

Hon. JAMES L. OBERSTAR, 

Chairman, Committee on Transportation and Infrastructure, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 2830, the Coast Guard 

Authorization Act of 2007. 


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If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Deborah Reis. 

Sincerely, 

PETER R. ORSZAG. 

Enclosure 

H.R. 2830—Coast Guard Authorizanon Act of 2007 

Summary: H.R 2830 would authorize the appropriation of $7.2 

billion through fiscal year 2012, primarily for activities of the U.S. 

Coast Guard (USCG) for 2008. CBO estimates that appropriation 

of the authorized amounts for discretionary programs would result 

in outlays of about $5 billion in fiscal year 2008 and $7.2 billion 

over the 2007–2012 period. (About $100 million would be spent 

after 2012, including $9 million specifically authorized to be appropriated for 2013.) 

Several provisions of H.R. 2830 could result in small changes in 

offsetting receipts (a credit against direct spending), primarily from 

fees on commercial vessels, but CBO estimates that any net change 

would be minimal. We estimate that enacting this legislation would 

increase revenues from civil penalties by $10 million in 2008, by 

$31 million over the 2008–2012 period, and by $56 million over the 

2008–2017 period. 

H.R. 2830 contains intergovernmental mandates as defined in 

the Unfunded Mandates Reform Act (UMRA) because it would preempt some state laws and impose new requirements that affect 

public transportation vessels. The aggregate cost to public entities 

of complying with those mandates is uncertain and would depend, 

in part, on future regulations. Because of the small number of entities involved, however, CBO estimates that those costs would not 

exceed the annual threshold established in UMRA for intergovernmental mandates ($66 million in 2007, adjusted annually for inflation). 

H.R. 2830 contains several private-sector mandates as defined in 

UMRA. The bill would require manufacturers, owners, and operators of certain vessels equipped to carry ballast water to comply 

with treatment requirements. In addition, the bill includes new 

safety requirements on owners and operators of commercial fishing, 

passenger, and transport vessels, and other requirements on the 

maritime industry. Because the costs to comply with some of those 

mandates would be substantial, CBO estimates that the aggregate 

cost of the mandates in the bill to private entities would exceed the 

annual threshold established in UMRA for private-sector mandates 

($131 million in 2007, adjusted annually for inflation). 

Estimated cost to the federal government: The estimated budgetary effects of H.R. 2830 are summarized in the following table. 

The costs of this legislation fall within budget functions 300 (natural resources and environment) and 400 (transportation). 

By fiscal year, in millions of dollars— 

2007 2008 2009 2010 2011 2012 

SPENDING SUBJECT TO APPROPRIATION 

USCG Spending Under Current Law: 

Budget Authority/Authorization Level 1 ................................ 7,164 26 0 0 0 0 

Estimated Outlays ............................................................... 6,533 1,706 902 424 199 102 


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By fiscal year, in millions of dollars—

2007 2008 2009 2010 2011 2012 

Proposed Changes: 

Reauthorization of USCG Spending: 

Authorization Level ..................................................... 0 7,120 0 0 0 0 

Estimated Outlays ...................................................... 0 4,975 1,210 470 273 80 

Ballast Water Treatment: 

Authorization Level ..................................................... 0 31 31 31 31 31 

Estimated Outlays ...................................................... 0 23 29 30 31 31 

Other USCG Programs: 

Authorization Level ..................................................... 0 7 7 5 6 3 

Estimated Outlays ...................................................... 0 7 7 5 6 3 

Total Proposed Changes: 

Authorization Level ..................................................... 0 7,158 38 36 37 34 

Estimated Outlays ...................................................... 0 5,005 1,246 505 310 114 

Total Spending Under H.R. 2830: 

Authorization Level .............................................................. 7,164 7,184 38 36 37 34 

Estimated Outlays ............................................................... 6,533 6,711 2,148 929 509 216 

REVENUES 

Estimated Revenues ..................................................................... 0 8 7 6 5 5 

1 The 2007 level is the amount appropriated for that year for USCG discretionary programs. The $26 million shown for 2008 is the amount authorized to be appropriated from the Oil Spill Liability Trust Fund for Coast Guard operating expenses and research. 

Basis of estimate 

Spending subject to appropriation 

The proposed authorization levels shown in the table are those 

specified by the bill for discretionary accounts, excluding $26 million to be derived from the Oil Spill Liability Trust Fund (OSLTF). 

That amount, which consists of $24 million for operating expenses 

and $2 million for research, is already authorized under existing 

law. Estimated outlays are based on historical spending patterns 

for the Coast Guard. 

For 2008, title I of the bill would authorize the appropriation of 

about $6.1 billion for USCG operations including $127 million for 

reserve training and $12 million for environmental compliance. 

That title also would authorize the appropriation of about $1 billion 

for capital acquisitions and other multiyear projects, including $19 

million for research activities and $16 million for bridge alterations. Of the amounts authorized, $46 million would be derived 

from the OSLTF, including $26 million that is already authorized 

under existing law. 

Title V would require the Coast Guard to establish new standards and procedures for controlling the spread of aquatic invasive 

species through discharges of ballast water (water that is carried 

in tanks by some ships to maintain stability). For this purpose, 

title V would authorize appropriations of $31 million a year. Of this 

amount, about $22 million would be allocated for USCG activities 

and about $9 million would be provided to the National Oceanic 

and Atmospheric Administration for related projects. 

Other titles of the bill would authorize the appropriation of $3 

million for each of fiscal years 2008 through 2012 for grants to 

local governments, nonprofit organizations, and others for training 

programs on fishing vessel safety, between $2 million and $3 million a year through 2011 to the Great Lakes Maritime Research Institute for maritime studies, and about $2 million for each of 2008 

and 2009 for assessments of vessel traffic risk in Alaska. 


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The bill also would authorize the appropriation of about $1.2 billion for Coast Guard retirement benefits in 2008, but that amount 

is excluded from this estimate because such benefits are considered 

an entitlement under current law and are not subject to appropriation. Thus, the authorization has no additional budgetary impact. 

Changes in direct spending 

Section 323 would authorize the Coast Guard to extend for one 

year certain expiring maritime licenses, certificates of registry, and 

merchant mariner documents. The authority to provide such extensions would apply through June 2009. Because the extensions 

would delay the collection of USCG fees charged for such documents, enacting this provision could reduce offsetting receipts (an 

offset against direct spending) over the next year or two. Some of 

those receipts may be spent without further appropriation, however, to cover collection expenses. CBO estimates that the net effect 

in direct spending from enacting the bill would be less than 

$500,000 a year in 2008 and 2009. 

Several provisions of H.R 2830 would direct the USCG to donate 

real and personal property to various parties such as local governments or nonprofit organizations. Because some of the affected vessels, aircraft, and real estate could have been sold as surplus property under existing law, donating such assets could result in foregone offsetting receipts. Based on information provided by the 

Coast Guard, however CBO estimates that such losses would be 

less than $100,000 a year. 

Revenues 

H.R. 2830 would establish new penalties and raise the cost of 

certain existing penalties, resulting in estimated new revenue collections of $31 million over the 2008–2012 period and $56 million 

over the 2008–2017 period. 

Section 304 would impose a new civil penalty on individuals on 

vessels with a controlled substance, section 308 would impose a 

civil penalty on vessel owners or operators who do not keep mariner records for at least five years, and section 503 would raise civil 

penalties for ballast water management violations. CBO estimates 

that those provisions would increase revenues by less than 

$500,000. 

Additionally, section 602 would impose new civil penalties for 

smuggling people into the United States via vessels, with the penalties varying based on the physical condition of the individuals 

being smuggled. The Coast Guard expects that it would be able to 

collect penalties of about $100,000 yearly from less than 100 smugglers. The estimated revenues are based on information from the 

Coast Guard, including the numbers of alien migrant interdictions 

and estimates of the number of individuals who are injured or die 

while being smuggled, as well as CBO’s estimate of the deterring 

effect of the proposed legislation on smuggling. CBO estimates that 

this provision would increase revenues by $8 million in 2008, by 

$30 million over the 2008–2012 period, and by $54 million over the 

2008–2017 period. 

The 10-year effect on revenues is detailed below. 


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By fiscal year, in millions of dollars—

2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2008–

2012 

2008–

2017 

CHANGES IN REVENUES 

Penalties for Alien Smuggling 8 7 6 5 5 5 5 5 5 5 31 56 

Estimated impact on state, local, and tribal governments: H.R. 

2830 contains intergovernmental mandates as defined in UMRA 

because it would preempt some state laws and impose new requirements that affect some public transportation vessels. The aggregate 

cost to public entities of complying with those mandates is uncertain and would depend. in part, on future regulations. Because of 

the small number of entities involved, however, CBO estimates 

that those costs would not exceed the annual threshold established 

in UMRA for intergovernmental mandates ($66 million in 2007, adjusted annually for inflation). Other provisions of the bill would 

benefit state and local governments. 

Safety management 

The bill would require passenger vessels to implement safety 

management procedures as determined by the Secretary. According 

to government and industry sources, the costs to public entities 

could vary widely depending on the coverage and scope of those 

procedures. However, only a small number of public entities would 

be affected by those requirements. 

Ballast water treatment 

Current regulations require U.S. and foreign vessels with ballast 

tanks that operate in the waters of the United States and that are 

bound for ports or places in the United States to report on and conduct activities relating to ballast water exchange. The bill would 

place additional requirements on those vessels by requiring new 

systems for treating ballast water. Vessels owned by state and local 

governments that do not meet exemption standards would be required to comply. The duty to comply would be an intergovernmental mandate as defined in UMRA. CBO estimates, however, 

that the costs to those entities would be small because we expect 

that few publicly owned vessels would be affected by the regulations. 

The bill also would preempt state and local laws that would be 

inconsistent or conflict with the new federal requirements. (The bill 

would specifically preserve state and local authority to impose 

greater penalties or fees for acts or omissions that are violations 

of the act.) This preemption constitutes a mandate as defined in 

UMRA, however, any costs to state and local governments would 

be minimal. 

The bill also would give the Secretary of Transportation authority to subpoena information in the course of an investigation related to the ballast water requirements. State, local, and tribal governments, if subpoenaed by the Secretary, would be required to 

provide testimony, documents, or other evidence. CBO expects that 

the Secretary would likely exercise this authority sparingly and 

that the costs to comply with a subpoena would not be significant. 


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Other mandates 

Several other mandates in the bill would impose minimal additional costs on public entities, in CBO’s estimation. Those mandates would: • Require ports to include in their security plans provisions 

that allow crew members to leave and reboard ships without 

paying escort fees; • Prohibit state and local governments from providing security for liquified natural gas terminals without the approval of 

the Coast Guard; • Prohibit the Secretary from approving survival craft that 

do not keep passengers out of the water; • Require ferry operators to document accidents and injuries, hours in service, and terms of employment for certain employees; and • Prohibit ferry operators from discharging or discriminating 

against any employee who reports safety-related information. 

CBO estimates that the additional costs to comply with those 

mandates would be small because compliance likely would involve 

only a small adjustment in current procedures, or because public 

entities would be unlikely to engage in the prohibited activities. 

Other impacts 

Other provisions of the bill would benefit state and local governments. In particular, the bill likely would increase sales tax receipts in Idaho and Alaska by clarifying that certain providers of 

recreation vessels are subject to sales taxes on rentals. The bill also 

would benefit state and local governments and public universities 

by conveying certain boathouses, ships, aircraft, and land rights to 

those governments and entities, and by authorizing certain grant 

programs. 

Estimated impact on the private sector: H.R. 2830 would impose 

private-sector mandates, as defined in UMRA, on owners and operators of certain vessels and others in the maritime industry. Those 

mandates include, but are not limited to: • Standards for treating ballast water for certain vessels; • Safety equipment and management requirements for commercial vessels; • Safety requirements for fishing industry vessels; and • Security, employee protection, and other requirements on 

businesses and employees in the maritime industry. 

The aggregate cost of the mandates in the bill is uncertain because the cost of many of the mandates would depend on regulations to be developed under the bill. However, because the costs to 

comply with some of the mandates would be substantial, CBO estimates that the aggregate cost to private entities would exceed the 

annual threshold established in UMRA for private-sector mandates 

($131 million in 2007, adjusted annually for inflation). 

Ballast water treatment standards 

The bill would require certain vessels equipped to carry ballast 

water and manufacturers of such vessels to comply with new ballast water treatment requirements. Owners and operators of vessels would be required to conduct all ballast water treatment operations in accordance with a management and treatment system 


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that meets the requirements of this bill and is approved by the Secretary. In addition, new vessels built after 2008 would have to 

meet specific design and construction requirements for water treatment systems to be eligible to operate in U.S. waters. 

According to several industry experts and the Coast Guard, 

water treatment systems currently available would cost between 

$300,000 and $1 million to install per ballast system. Some vessels 

that would need those systems may have as many as 20 ballast 

tanks. Each tank would have to be fitted with a ballast water 

treatment system. Consequently, CBO estimates that the cost for 

the private sector to comply with this mandate would exceed the 

threshold for private-sector mandates in at least one of the next 

five years. 

Safety equipment and management requirements for commercial 

vessels 

H.R. 2830 would require owners and operators of commercial 

vessels to carry survival craft as approved by the Secretary that 

ensure that no part of an individual is immersed in water. All survival craft would have to meet this standard by January 1, 2013. 

According to the Coast Guard, current regulations do not require 

vessels to meet this standard. The cost to the industry to comply 

with this mandate would depend on how the Secretary implements 

the standard. However, because the mandate would affect commercial fishing, passenger, and transport vessels, each of which may 

carry as many as hundreds of survival craft, CBO estimates that 

total compliance costs for the industry could be substantial. 

The bill would also require a safety management system for certain domestic passenger vessels, similar to the existing requirement for passenger vessels on foreign voyages. The bill would direct the Secretary to establish regulations requiring the management systems to include a safety and environmental protection policy, and operational and emergency procedures, among other requirements. CBO cannot estimate the total cost of this mandate because it would depend on future regulations. 

Safety requirements for fishing industry vessels 

H.R. 2830 would impose new safety requirements on owners and 

operators of commercial fishing vessels. The bill also would require 

the individuals in charge of commercial fishing vessels operating 

beyond three nautical miles of the U.S. coast to keep a record of 

equipment maintenance and to pass a safety training program and 

a refresher training once every five years. The cost of recordkeeping would be minimal. The new safety training program, however, would have to include training in collision prevention, personal survival, and emergency medical care, and issue a certificate 

to individuals upon successful completion of the program. According to industry sources, the cost of similar training programs is between $100 and $500 per person. Such sources also indicate that 

thousands of U.S. commercial fishing captains and others would 

have to comply with the training requirement. The bill also would 

establish a grant program to provide funding for training on commercial fishing safety. 

The bill would establish safety equipment standards for certain 

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tical miles of the coast. In addition, beginning in 2008, the bill 

would require that such vessels that are less than 50 feet be constructed in a manner that provides a level of safety equivalent to 

the minimum safety standards established by the Secretary that 

apply to recreational vessels. The cost to comply with those mandates would depend on the standards to be set by the Secretary. 

Other mandates on the maritime industry 

The bill also would impose new requirements on businesses and 

employees in the maritime industry. For example, the bill would 

impose new security requirements on liquified natural gas facilities; require commercial vessels to comply with new recording requirements; and provide certain whistleblower protections for maritime employees. CBO estimates that the additional costs to comply 

with many of those mandates would be small because compliance 

likely would involve only a small adjustment in current procedures. 

The cost of some of the mandates, however, would depend on regulatory action taken under the bill. 

Estimate prepared by: Federal Costs: Deborah Reis; Impact on 

State, Local, and Tribal Governments: Elizabeth Cove; Impact on 

the Private Sector: Jacob Kuipers; Impact on Revenues: Barbara 

Edwards. 

Estimate approved by: Theresa A. Gullo, Chief, State and Local 

Government Cost Estimates Unit, Budget Analysis Division; G. 

Thomas Woodward, Assistant Director for Tax Analysis. 

COMPLIANCE WITH HOUSE RULE XXI 

Pursuant to clause 9 of rule XXI of the Rules of the House of 

Representatives, the Committee is required to include a list of congressional earmarks, limited tax benefits, or limited tariff benefits 

as defined in clause 9(d), 9(e), or 9(f) of rule XXI of the Rules of 

the House of Representatives. The Committee has required Members of Congress to comply with all requirements of clause 9(d), 

(9)(e), or 9(f) of rule XXI. The following table provides the list of 

such provisions included in the bill: 

Section Subject Requested by 

101 (report) ............................ New London, Connecticut pier—$6.7 million .................... Courtney 

401 ......................................... Gallant Lady ........................................................................ Brown, C. 

402 ......................................... Ocean Veritas ...................................................................... Young, D. 

404 ......................................... Brant Point .......................................................................... Delahunt 

407 ......................................... Storis ................................................................................... Young, D. 

409 ......................................... Jupiter Island ...................................................................... Mahoney 

410 ......................................... Falcon Jets .......................................................................... Cummings 

414 ......................................... Maryland Independence ...................................................... Ruppersberger 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, committee reports on a bill or joint resolution 

of a public character shall include a statement citing the specific 

powers granted to the Congress in the Constitution to enact the 

measure. The Committee on Transportation and Infrastructure 

finds that Congress has the authority to enact this measure pursuant to its powers granted under article I, section 8 of the Constitution. 


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FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act 

(Public Law 104–4). 

PREEMPTION CLARIFICATION

Section 423 of the Congressional Budget Act of 1974 requires the 

report of any Committee on a bill or joint resolution to include a 

statement on the extent to which the bill or joint resolution is intended to preempt state, local, or tribal law. The Committee states 

that section 503 of H.R. 2830 preempts State and local governments from prescribing standards for ballast water treatment systems for vessels since they are engaged in interstate and foreign 

commerce. However, the States are allowed to investigate and enforce the Federal standards that have been established under this 

legislation. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act are created by this legislation. 

APPLICABILITY TO THE LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act (Public Law 104–1). 

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. 

* * * * * * * 

ø42. Number and distribution of commissioned officers.¿ 

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

* * * * * * * 

ø47. Vice Commandant; assignment.¿ 

47. Vice Commandant; appointment. 

* * * * * * * 


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ø50. Area Commanders. 

ø50a. Chief of Staff.¿ 

50. Vice admirals. 

* * * * * * * 

55. District Ombudsmen. 

* * * * * * * 

ø§ 42. Number and distribution of commissioned officers 

ø(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. 

ø(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. 

ø(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. 

ø(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. 

ø(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.¿ 

§ 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 


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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. 

* * * * * * * 


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§ 47. Vice Commandant; øassignment¿ 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 øvice 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 øsubsection¿ section 

51(d) of this title. 

ø§ 50. Area commanders 

ø(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. 

ø(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. 

ø§ 50a. Chief of Staff 

ø(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. 

ø(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.¿ 

§ 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 


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(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. 

§ 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, øArea Commander, or Chief of Staff¿ or Vice AdmiVerDate Aug 31 2005 22:09 Sep 21, 2007 Jkt 059006 PO 00000 Frm 00076 Fmt 6659 Sfmt 6601 E:\HR\OC\HR338P1.XXX HR338P1

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rals and ending on the day before the officer’s retirement, but 

not for more than 60 days. 

* * * * * * * 

§ 55. District Ombudsmen 

(a) IN GENERAL.—The Commandant shall appoint in each Coast 

Guard District a District Ombudsman to serve as a liaison between 

ports, terminal operators, shipowners, and labor representatives and 

the Coast Guard. 

(b) PURPOSE.—The purpose of the District Ombudsman shall be 

the following: 

(1) To support the operations of the Coast Guard in each port 

in the District for which the District Ombudsman is appointed. 

(2) To seek to resolve 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 or by Coast Guard 

personnel. 

(2) GUIDELINES FOR DISPUTES.— (A) IN GENERAL.—The District Ombudsman shall develop 

guidelines regarding the types of disputes with respect to 

which the District Ombudsman will provide assistance. 

(B) LIMITATION.—The District Ombudsman shall not provide assistance with respect to a dispute unless it involves 

the impact of Coast Guard requirements on port business 

and the flow of commerce. 

(C) PRIORITY.—In providing such assistance, the District 

Ombudsman shall give priority to complaints brought by 

petitioners who believe they will suffer a significant hardship as the result of implementing a Coast Guard requirement or being denied a Coast Guard service. 

(3) CONSULTATION.—The District Ombudsman may consult 

with any Coast Guard personnel who can aid in the investigation of a complaint. 

(4) ACCESS TO INFORMATION.—The District Ombudsman 

shall have access to any 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 operating. 

(6) DEADLINE.—The District Ombudsman shall seek to resolve 

each complaint brought in accordance with the guidelines— (A) in a timely fashion; and 

(B) not later than 4 months after the complaint is officially accepted by the District Ombudsman. 

(d) APPOINTMENT.—The Commandant shall appoint as the District Ombudsman a civilian who has experience in port and transportation systems and knowledge of port operations or of maritime 

commerce (or both). 


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(e) ANNUAL REPORTS.—The Secretary shall report annually to the 

Committee on Transportation and Infrastructure of the House of 

Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate on the matters brought before the District Ombudsmen, including— (1) the number of matters brought before each District Ombudsman; 

(2) a brief summary of each such matter; and 

(3) the eventual resolution of each such matter. 

* * * * * * * 

CHAPTER 5—FUNCTIONS AND POWERS 

Sec. 

81. Aids to navigation authorized. 

* * * * * * * 

99. Enforcement authority. 

* * * * * * * 

§ 99. Enforcement authority 

Subject to guidelines approved by the Secretary, members of the 

Coast Guard, in the performance of official duties, may—

(1) carry a firearm; and 

(2) while at a facility (as defined in section 70101 of title 

46)—

(A) make an arrest without warrant for any offense 

against the United States; and 

(B) seize property as otherwise provided by law. 

* * * * * * * 

CHAPTER 7—COOPERATION WITH OTHER AGENCIES 

Sec. 

141. Cooperation with other agencies, States, territories, and political subdivisions. 

* * * * * * * 

149. Assistance to foreign governments and maritime authorities. 

* * * * * * * 

153. Appointment of judges. 

* * * * * * * 

§ 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. 

* * * * * * * 


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§ 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. 

* * * * * * * 

§ 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. 

* * * * * * * 

ø216. Director of Boating Safety Office¿ 

* * * * * * * 

GENERAL PROVISIONS 

421. Retirement. 

* * * * * * * 

426. Emergency leave retention authority. 

* * * * * * * 

OFFICERS 

A. Appointments 

* * * * * * * 

§ 214. Appointment of temporary officers 

ø(a) The President may appoint temporary commissioned officers 

in the Regular Coast Guard in a grade, not above lieutenant, apVerDate Aug 31 2005 22:09 Sep 21, 2007 Jkt 059006 PO 00000 Frm 00079 Fmt 6659 Sfmt 6601 E:\HR\OC\HR338P1.XXX HR338P1

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propriate 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. 

* * * * * * * 

B. Selection for Promotion 

* * * * * * * 

§ 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 considerationø, and the number of officers the board may recommend for promotion¿ shall be given to the 

service at large. 

* * * * * * * 

§ 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 withø:¿—

(1) * * * 

* * * * * * * 

(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. 


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§ 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. 

* * * * * * * 

§ 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. 

* * * * * * * 

GENERAL PROVISIONS 

* * * * * * * 

§ 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. 

* * * * * * * 

§ 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 conVerDate Aug 31 2005 22:09 Sep 21, 2007 Jkt 059006 PO 00000 Frm 00081 Fmt 6659 Sfmt 6603 E:\HR\OC\HR338P1.XXX HR338P1

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tiguous 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. 

* * * * * * * 

§ 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 aircraftø; 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 10ø.¿; 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. 

§ 638. Coast Guard ensigns and pennants 

(a) øCoast 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 

* * * * * * * 


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SEC. 1502. DEFINITIONS. 

For purposes of this title: 

(1) * * * 

* * * * * * * 

ø(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; øand¿ 

(D) the Deputy Commandant of the Marine Corps for 

Manpower and Reserve Affairsø.¿; 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 

* * * * * * * 

§ 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) * * * 

* * * * * * * 


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ø(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 

* * * * * * * 

§ 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. 

ø(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.¿ 

ø(5)¿ (4) This subsection does not apply to an enlisted member, 

warrant officer, or limited duty officer of a reserve component. 

* * * * * * * 

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. 

* * * * * * * 

§ 2114. Protection of seamen against discrimination 

(a)(1) A person may not discharge or in any manner discriminate 

against a seaman because—


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(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; øor¿ 

(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 

publicø.¿; 

(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. 

ø(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— ø(1) restraining violations of this section; 

ø(2) reinstatement to the seaman’s former position with back 

pay; 

ø(3) an award of costs and reasonable attorney’s fees to a 

prevailing plaintiff not exceeding $1,000; and 

ø(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. 

* * * * * * * 

§ 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; 


jlentini on PROD1PC65 with HEARING
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(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. 

* * * * * * * 

§ 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 

* * * * * * * 

§ 3202. Application 

(a) øMANDATORY 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. 

ø(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. 


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ø(c)¿ (d) EXCEPTION.—Except as provided in øsubsection (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 

* * * * * * * 

§ 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 

* * * * * * * 

§ 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, develVerDate Aug 31 2005 22:09 Sep 21, 2007 Jkt 059006 PO 00000 Frm 00087 Fmt 6659 Sfmt 6603 E:\HR\OC\HR338P1.XXX HR338P1

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oping, producing, or storing the resources from that seabed or subsoil. 

* * * * * * * 

CHAPTER 45—UNINSPECTED COMMERCIAL FISHING 

INDUSTRY VESSELS 

Sec. 

4501. Application. 

* * * * * * * 

ø4503. Fish processing vessel certification.¿ 

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

* * * * * * * 

ø4508. Commercial Fishing Industry Vessel Safety Advisory Committee.¿ 

4508. Commercial Fishing Safety Advisory Committee. 

* * * * * * * 

§ 4502. Safety standards 

(a) The Secretary shall prescribe regulations which require that 

each vessel to which this chapter applies shall be equipped with—

(1) * * * 

* * * * * * * 

ø(6) a buoyant apparatus, if the vessel is of a type required 

by regulations prescribed by the Secretary to be equipped with 

that apparatus; 

ø(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 

ø(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 ødocumented¿ vessels to which this chapter applies that—

(A) operate beyond øthe 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) ølifeboats or liferafts¿ a survival craft that ensures that 

no part of an individual is immersed in water sufficient to accommodate all individuals on board; 

* * * * * * * 


jlentini on PROD1PC65 with HEARING
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(D) marine radio communications equipment sufficient to effectively communicate with land-based search and rescue facilities; 

(E) navigation equipment, including compasses, øradar reflectors, nautical charts, and anchors¿ nautical charts, and 

publications; 

(F) first aid equipmentø, including medicine chests¿ and 

medical supplies sufficient for the size and area of operation of 

the vessel; and 

ø(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. 

* * * * * * * 

ø(f) To ensure compliance with the requirements of this chapter, 

at least once every 2 years the Secretary shall examine— ø(1) a fish processing vessel; and 

ø(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 


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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. 

ø§ 4503. Fish processing vessel certification¿ 

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

(a) A øfish processing¿ vessel to which this section applies may 

not be operated unless the vessel—

(1) meets all survey and classification requirements prescribed by the American Bureau of Shipping or another similarly qualified organization approved by the Secretary; and 

(2) has on board a certificate issued by the American Bureau 

of Shipping or that other organization evidencing compliance 

with this subsection. 

* * * * * * * 

(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 


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years of age or older, unless the vessel complies with an alternate 

safety compliance program prescribed by the Secretary. 

* * * * * * * 

§ 4506. Exemptions 

(a) * * * 

ø(b) A vessel to which this chapter applies is exempt from section 

4502(b)(2)(B) of this title if it—

ø(1) is less than 36 feet in length; and 

ø(2) is operating—

ø(A) in internal waters of the United States; or 

ø(B) within 3 nautical miles from the baselines from 

which the territorial sea of the United States is measured.¿ 

* * * * * * * 

ø§ 4508. Commercial Fishing Industry Vessel Advisory Safety 

Committee¿ 

§ 4508. Commercial Fishing Safety Advisory Committee 

(a) The Secretary shall establish a Commercial Fishing øIndustry 

Vessel¿ Safety Advisory Committee. The Committee—

(1) * * * 

* * * * * * * 

PART C—LOAD LINES OF VESSELS

CHAPTER 51—LOAD LINES 

* * * * * * * 

§ 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. 

* * * * * * * 

ø7105. Oaths.¿ 

* * * * * * * 

7115. Merchant Mariner Medical Advisory Committee. 

* * * * * * * 


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ø§ 7105. Oaths 

øAn 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. 

ø§ 7106. Duration of licenses 

øA 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. 

ø§ 7107. Duration of certificates of registry 

øA 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.¿ 

§ 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. 

§ 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. 

* * * * * * * 

§ 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—


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(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. 


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7301. General. 

* * * * * * * 

ø7305. Oaths for holders of merchant mariners’ documents.¿ 

* * * * * * * 

§ 7302. Issuing merchant mariners’ documents and continuous discharge books 

(a) * * * 

* * * * * * * 

ø(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. 

* * * * * * * 

ø§ 7305. Oaths for holders of merchant mariners’ documents 

øAn 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. 

* * * * * * * 

§ 7502. Records 

(a) The Secretary shall maintain øcomputerized 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 reVerDate Aug 31 2005 22:09 Sep 21, 2007 Jkt 059006 PO 00000 Frm 00094 Fmt 6659 Sfmt 6603 E:\HR\OC\HR338P1.XXX HR338P1

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quire 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. 

* * * * * * * 

§ 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. 

§ 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 

* * * * * * * 

§ 8905. Exemptions 

(a) * * * 

ø(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, 


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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.¿ 

ø(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 

* * * * * * * 

§ 10313. Wages 

(a) * * * 

* * * * * * * 

(g) øWhen¿ (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. 

* * * * * * * 

§ 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; 


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(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 

* * * * * * * 

§ 10504. Wages 

(a) * * * 

* * * * * * * 

(c) øWhen¿ (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 


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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. 

* * * * * * * 

§ 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 

§ 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. 

* * * * * * * 

§ 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—


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(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; øand¿ 

ø(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 authorityø.¿; 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 

§ 14101. Definitions 

In this part—

(1) * * * 

* * * * * * * 

(4) ‘‘vessel øengaged¿ that engages on a foreign voyage’’

means a vessel—

(A) øarriving¿ that arrives at a place under the jurisdiction of the United States from a place in a foreign country; 

(B) ømaking¿ that makes a voyage between places outside the United States ø(except a foreign vessel engaged on 

that voyage)¿; 

(C) ødeparting¿ that departs from a place under the jurisdiction of the United States for a place in a foreign 

country; or 

(D) ømaking¿ 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. 

* * * * * * * 


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§ 14103. Delegation of authority 

(a) * * * 

* * * * * * * 

(c) For a vessel øintended 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. 

* * * * * * * 

ø14303. International Tonnage Certificate (1969).¿ 

14303. Tonnage Certificate. 

* * * * * * * 

§ 14301. Application 

ø(a) Except as otherwise provided in this section, this chapter applies to the following: 

ø(1) a documented vessel. 

ø(2) a vessel that is to be documented under chapter 121 of 

this title. 

ø(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 warø.¿, 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) øa 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) the owner requests; or 

(B) the vessel undergoes a change that the Secretary 

finds substantially affects the vessel’s gross tonnage. 

ø(5) before July 19, 1994, an existing vessel unless—

ø(A) the owner requests; or 

ø(B) the vessel undergoes a change that the Secretary 

finds substantially affects the vessel’s gross tonnage. 

ø(6) a barge (except a barge engaged on a foreign voyage) unless the owner requests.¿ 


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(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. 

ø(c) A vessel made subject to this chapter at the request of the 

owner may be remeasured only as provided by this chapter.¿ 

ø(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. 

ø(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. 

§ 14302. Measurement 

(a) * * * 

ø(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. 

* * * * * * * 

§ 14303. øInternational¿ Tonnage Certificate ø(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. 

* * * * * * * 

§ 14305. Optional regulatory measurement 

(a) On request of the owner of a ødocumented 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) * * * 

* * * * * * * 


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CHAPTER 145—REGULATORY MEASUREMENT 

SUBCHAPTER I—GENERAL 

Sec. 

14501. Application. 

* * * * * * * 

SUBCHAPTER II—FORMAL SYSTEMS 

* * * * * * * 

14514. Reciprocity for foreign vessels. 

* * * * * * * 

SUBCHAPTER I—GENERAL 

§ 14501. Application 

This chapter applies to the following: 

ø(1) a vessel not measured under chapter 143 of this title 

if—

ø(A) the vessel is to be documented under chapter 121 

of this title; or 

ø(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) øa 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. 

* * * * * * * 

§ 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 

* * * * * * * 

§ 14513. Dual tonnage measurement 

(a) * * * 

* * * * * * * 

(c)(1) If a øvessel’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 tonnagesø.¿ as assigned under this section. 


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§ 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.

701. Port Security ............................................................................................70101

* * * * * * * 

707. Maritime Law Enforcement ................................................................... 70701 

CHAPTER 701—PORT SECURITY 

Sec. 

70101. Definitions. 

* * * * * * * 

ø70117. Firearms, arrests, and seizure of property.¿ 

* * * * * * * 

§ 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 øNational 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. 

* * * * * * * 

ø§ 70117. Firearms, arrests, and seizure of property 

øSubject to guidelines approved by the Secretary, members of the 

Coast Guard may, in the performance of official duties—

ø(1) carry a firearm; and 

ø(2) while at a facility—


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ø(A) make an arrest without warrant for any offense 

against the United States committed in their presence; 

and 

ø(B) seize property as otherwise provided by law.¿ 

* * * * * * * 

CHAPTER 705—MARITIME DRUG LAW ENFORCEMENT 

* * * * * * * 

§ 70506. Penalties 

(a) * * * 

* * * * * * * 

(c) SIMPLE POSSESSION.—

(1) IN GENERAL.—Any individual on a vessel subject to the jurisdiction of the United States who is found by the Secretary, 

after notice and an opportunity for a hearing, to have knowingly or intentionally possessed a controlled substance within 

the meaning of the Controlled Substances Act (21 U.S.C. 812) 

shall be liable to the United States for a civil penalty of not to 

exceed $10,000 for each violation. The Secretary shall notify the 

individual in writing of the amount of the civil penalty. 

(2) DETERMINATION OF AMOUNT.—In determining the amount 

of the penalty, the Secretary shall consider the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other 

matters that justice requires. 

(3) TREATMENT OF CIVIL PENALTY ASSESSMENT.—Assessment 

of a civil penalty under this subsection shall not be considered 

a conviction for purposes of State or Federal law but may be 

considered proof of possession if such a determination is relevant. 

* * * * * * * 

CHAPTER 707—MARITIME LAW ENFORCEMENT 

Sec. 

70701. Offense. 

70702. Attempt or conspiracy. 

70703. Affirmative defenses. 

70704. Penalties. 

70705. Criminal forfeiture. 

70706. Civil forfeiture. 

70707. Extension beyond territorial jurisdiction. 

70708. Claim of failure to comply with international law; jurisdiction of court. 

70709. Federal activities. 

70710. Definitions. 

§ 70701. OFFENSE 

It shall be unlawful for any person on board a covered vessel to 

transport or facilitate the transportation, harboring, or concealment 

of an alien on board such vessel knowing or having reason to believe 

that the alien is attempting to unlawfully enter the United States. 


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§ 70702. ATTEMPT OR CONSPIRACY 

Any person on board a covered vessel who attempts or conspires 

to commit a violation of section 70701 shall be subject to the same 

penalties as those prescribed for the violation, the commission of 

which was the object of the attempt or conspiracy. 

§ 70703. AFFIRMATIVE DEFENSES 

It is an affirmative defense to a prosecution under this section, 

which the defendant must prove by a preponderance of the evidence, 

that—

(1)(A) the alien was on board pursuant to a rescue at sea, or 

was a stowaway; or 

(B) the entry into the United States was a necessary response 

to an imminent threat of death or serious bodily injury to the 

alien; 

(2) the defendant, as soon as reasonably practicable, informed 

the Coast Guard of the presence of the alien on the vessel and 

the circumstances of the rescue; and 

(3) the defendant complied with all orders given by law enforcement officials of the United States. 

§ 70704. PENALTIES 

Any person who commits a violation of this chapter shall be imprisoned for not less than 3 nor more than 20 years or fined not 

more than $100,000, or both; except that—

(1) in any case in which the violation causes serious bodily 

injury to any person, regardless of where the injury occurs, the 

person shall be imprisoned for not less than 7 nor more than 

30 years or fined not more than $500,000, or both; and 

(2) in any case in which the violation causes or results in the 

death of any person regardless of where the death occurs, the 

person shall be imprisoned for not less than 10 years nor more 

than life or fined not more than $1,000,000, or both. 

§ 70705. CRIMINAL FORFEITURE 

The court, at the time of sentencing a person convicted of an offense under this chapter, shall order forfeited to the United States 

any vessel used in the offense in the same manner and to the same 

extent as if it were a vessel used in an offense under section 274 of 

the Immigration and Nationality Act (8 U.S.C. 1324). 

§ 70706. CIVIL FORFEITURE 

A vessel that has been used in the commission of a violation of 

this chapter shall be seized and subject to forfeiture in the same 

manner and to the same extent as if it were used in the commission 

of a violation of section 274(a) of the Immigration and Nationality 

Act (8 U.S.C. 1324(a)). 

§ 70707. EXTENSION BEYOND TERRITORIAL JURISDICTION 

Sections 70701 and 70702 apply even though the act is committed 

outside the territorial jurisdiction of the United States. 


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§ 70708. CLAIM OF FAILURE TO COMPLY WITH INTERNATIONAL LAW; JURISDICTION OF COURT 

A claim of failure to comply with international law in the enforcement of this chapter may be invoked as a basis for a defense solely 

by a foreign nation. A failure to comply with international law shall 

not divest a court of jurisdiction or otherwise constitute a defense 

to any proceeding under this chapter. 

§ 70709. FEDERAL ACTIVITIES 

Nothing in this chapter applies to otherwise lawful activities carried out by or at the direction of the United States Government. 

§ 70710. DEFINITIONS 

In this chapter, the following definitions apply: 

(1) ALIEN.—The term ‘‘alien’’ has the meaning given that term 

in section 70105(f). 

(2) COVERED VESSEL.—The term ‘‘covered vessel’’ means a vessel of the United States, or a vessel subject to the jurisdiction 

of the United States, that is less than 300 gross tons (or an alternate tonnage prescribed by the Secretary under section 14104 

of this title) as measured under section 14502 of this title. 

(3) SERIOUS BODILY INJURY.—The term ‘‘serious bodily injury’’ has the meaning given that term in section 1365 of title 

18, United States Code. 

(4) UNITED STATES.—The term ‘‘United States’’ has the meaning given that term is section 114. 

(5) VESSEL OF THE UNITED STATES.—The term ‘‘vessel of the 

United States’’ has the meaning given that term in section 

70502. 

(6) VESSEL SUBJECT TO THE JURISDICTION OF THE UNITED

STATES.—The term ‘‘vessel subject to the jurisdiction of the 

United States’’ has the meaning given that term in section 

70502. 

Subtitle VIII—Miscellaneous 

* * * * * * * 

CHAPTER 801—WRECKS AND SALVAGE 

Sec. 

80101. Vessel stranded on foreign coast. 

ø80102. License to salvage on Florida coast.¿ 

* * * * * * * 

ø§ 80102. License to salvage on Florida coast 

ø(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. 

ø(b) JUDICIAL FINDINGS.—Before issuing a license under this section, the judge must be satisfied, when the license is for—

ø(1) a vessel, that the vessel is seaworthy and properly 

equipped for the business of saving property shipwrecked and 

in distress; or 


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ø(2) a master, that the master is trustworthy and innocent 

of any fraud or misconduct related to property shipwrecked or 

saved on the coast.¿ 

* * * * * * * 

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.—øThe Secretary of Transportation shall conduct a study that¿ The Institute shall conduct maritime transportation studies of the Great Lakes region, including studies 

that—(A) øevaluates¿ 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) øevaluates¿ evaluate markets for foreign trade between ports on the Great Lakes and draft-limited ports in 

Europe and Africa; 

(C) øevaluates¿ evaluate the environmental benefits of 

waterborne transportation in the Great Lakes region; 

(D) øanalyzes¿ analyze the effect on Great Lakes shipping of the tax imposed by section 4461(a) of the Internal 

Revenue Code of 1986; 

(E) øevaluates¿ evaluate the state of shipbuilding and 

ship repair bases on the Great Lakes; 

(F) øevaluates¿ evaluate opportunities for passenger vessel services on the Great Lakes; 

(G) øanalyzes¿ 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) øevaluates¿ evaluate the economic viability of establishing transshipment facilities for oceangoing cargoes on 

the Great Lakes; 

(I) øevaluates¿ evaluate the adequacy of the infrastructure in Great Lakes ports to meet the needs of marine 

commerce; øand¿ 

(J) øevaluates¿ evaluate new vessel designs for domestic 

and international shipping on the Great Lakesø.¿; 

(K) identify ways to improve the integration of the Great 

Lakes marine transportation system into the national 

transportation system; 


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(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. 

* * * * * * * 

ø(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, ø2008¿ 2009. 

* * * * * * * 

AMERICAN FISHERIES ACT 

* * * * * * * 

TITLE II—FISHERIES 

Subtitle I—Fishery Endorsements 

* * * * * * * 


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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)ø, 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 unlessø, 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 MagnusonStevens 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) * * * 

* * * * * * * 

ø(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— ø(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; 

ø(2) the replacement vessel was built in the United States 

and if ever rebuilt, was rebuilt in the United States; 

ø(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; 

ø(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 


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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; 

ø(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 

ø(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 


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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 diVerDate Aug 31 2005 22:09 Sep 21, 2007 Jkt 059006 PO 00000 Frm 00111 Fmt 6659 Sfmt 6601 E:\HR\OC\HR338P1.XXX HR338P1

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rected 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, reVerDate Aug 31 2005 22:09 Sep 21, 2007 Jkt 059006 PO 00000 Frm 00112 Fmt 6659 Sfmt 6603 E:\HR\OC\HR338P1.XXX HR338P1

jlentini on PROD1PC65 with HEARING
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spectively, 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) are used solely to pay the cost of a service to the vessel or water craft; 

(B) enhance the safety and efficiency of interstate and 

foreign commerce; and 

(C) do not impose more than a small burden on interstate or foreign commerce; øor¿ 

(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 

Constitutionø.¿; 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. øThat 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 SeVerDate Aug 31 2005 22:09 Sep 21, 2007 Jkt 059006 PO 00000 Frm 00113 Fmt 6659 Sfmt 6601 E:\HR\OC\HR338P1.XXX HR338P1

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curity. 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 ø$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 $800,000ø,¿, 

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. 

* * * * * * * 


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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 ø6¿ 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 øreports¿ 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 øof 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: 

ø(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). 

* * * * * * * 

ø(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. 

ø(4) EFFECTIVE DATE OF CERTIFICATES.—A certificate of documentation issued under paragraph (1) shall take effect—


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ø(A) for the vessel referred to in paragraph (1)(A), on the 

date of the issuance of the certificate; and 

ø(B) for the vessel referred to in paragraph (1)(B), on the 

date of delivery of the vessel to the owner.¿ 

ø(5)¿ (3) TERMINATION OF EFFECTIVENESS OF CERTIFICATES.— A certificate of documentation issued for a vessel under paragraph (1) shall expireø— ø(A) on the date of the sale of the vessel by the owner; 

ø(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 

ø(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 (ø33 

U.S.C. 2794(a)(2)¿ 33 U.S.C. 2704(a)(2)) is amended—


jlentini on PROD1PC65 with HEARING
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(A) by striking ‘‘$600 per gross ton’’ and inserting ‘‘$950 

per gross ton’’; and 

(B) by striking ‘‘$500,000’’ and inserting ‘‘$800,000,’’. 

* * * * * * * 

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 øthe¿ 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; øand¿ 

* * * * * * * 

ø(3)¿ (C) in subsection (c), as redesignated by øthis section¿ this paragraph, by striking ‘‘subsection (a)’’ and inserting ‘‘subsections (a) and (b)’’; and 

ø(4)¿ (D) in subsection (d), as redesignated by øthis section¿ this 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 øBisti/De-NaZin 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. ø491)¿ 494), 


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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 Securityø.¿’’. 

* * * * * * * 

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 

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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 ø2¿ 3-year period beginning January 1, 

2010, if the Secretary of Transportation determines — (A) as of December 31, 2009, the lessee has entered into 

a binding agreement to employ an eligible vessel or vessels 

to be documented under section 12105(c) of title 46, United 

States Code, in sufficient numbers and with sufficient suitability to replace any vessel or vessels operating under this 

section; and 

(B) after publishing notice in the Federal Register, that 

insufficient vessels documented under section 12105(c) of 

title 46, United States Code, are reasonably available and 

suitable for these support operations and all such reasonably available and suitable vessels are employed in support of such operations. 

* * * * * * * 

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. 

ø(b)¿ (c) PURPOSES.—The purposes of this Act are—

(1) to øprevent¿ eliminate unintentional introduction and 

dispersal of nonindigenous species into waters of the United 


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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 øthe 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 øfrom pathways other 

than ballast water exchange¿; 

(4) to understand and minimize economic and ecological impacts of nonindigenous aquatic nuisance species that become 

establishedø, 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 øzebra mussels¿ aquatic nuisance species. 

SEC. 1003. DEFINITIONS. 

As used in this Act, the term— (1) ‘‘Administrator’’ means the Administrator of the Environmental Protection Agency; 

ø(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; 

ø(2)¿ (3) ‘‘Assistant Secretary’’ means the Assistant Secretary of the Army (Civil Works); 

ø(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 


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(D) the vessel undergoes a major conversion; 

ø(4)¿ (8) ‘‘Director’’ means the Director of the United States 

Fish and Wildlife Service; 

ø(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; 

ø(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; 

ø(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 channelsø.¿; 

ø(8)¿ (13) ‘‘Great Lakes region’’ means the 8 States that border on the Great Lakes; 

ø(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; 

ø(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); 

ø(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; 

ø(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; 


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ø(13)¿ (20) ‘‘Task Force’’ means the Aquatic Nuisance Species 

Task Force established under section 1201 of this Act; 

ø(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; 

ø(15)¿ (22) ‘‘Under Secretary’’ means the Under Secretary of 

Commerce for Oceans and Atmosphere; 

ø(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 purposesø.¿; 

(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; 

ø(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 

øSEC. 1101. AQUATIC NUISANCE SPECIES IN WATERS OF THE UNITED 

STATES. 

ø(a) GREAT LAKES GUIDELINES.—

ø(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. 

ø(2) CONTENT OF GUIDELINES.—The guidelines issued under 

this subsection shall—

ø(A) ensure to the maximum extent practicable that ballast water containing aquatic nuisance species is not discharged into the Great Lakes; 

ø(B) protect the safety of—

ø(i) each vessel; and 

ø(ii) the crew and passengers of each vessel; 


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ø(C) take into consideration different vessel operating 

conditions; and 

ø(D) be based on the best scientific information available. 

ø(b) REGULATIONS.— ø(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. 

ø(2) CONTENT OF REGULATIONS.—The regulations issued 

under this subsection shall— ø(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; 

ø(B) require a vessel to— ø(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; 

ø(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 

ø(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; 

ø(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.); 

ø(D) provide for sampling procedures to monitor compliance with the requirements of the regulations; 

ø(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; 

ø(F) protect the safety of—

ø(i) each vessel; and 

ø(ii) the crew and passengers of each vessel; 

ø(G) take into consideration different operating conditions; and 

ø(H) be based on the best scientific information available. 

ø(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 


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water carried on vessels that enter a United States port on the 

Hudson River north of the George Washington Bridge. 

ø(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. 

ø(c) VOLUNTARY NATIONAL GUIDELINES.—

ø(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. 

ø(2) CONTENT OF GUIDELINES.—The voluntary guidelines 

issued under this subsection shall—

ø(A) ensure to the maximum extent practicable that 

aquatic nuisance species are not discharged into waters of 

the United States from vessels; 

ø(B) apply to all vessels equipped with ballast water 

tanks that operate in waters of the United States; 

ø(C) protect the safety of—

ø(i) each vessel; and 

ø(ii) the crew and passengers of each vessel; 

ø(D) direct a vessel that is carrying ballast water into 

waters of the United States after operating beyond the exclusive economic zone to—

ø(i) carry out the exchange of ballast water of the 

vessel in waters beyond the exclusive economic zone; 

ø(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 

ø(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; 

ø(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—

ø(i) ship operations other than ballast water discharge; and 

ø(ii) ballasting practices of vessels that enter waters 

of the United States with no ballast water on board; 

ø(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 


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order to enable the Secretary to determine compliance 

with the guidelines, including— ø(i) with respect to each ballast water exchange referred to in clause (ii), reporting on the precise location and thoroughness of the exchange; and 

ø(ii) any other information that the Secretary considers necessary to assess the rate of effective compliance with the guidelines; 

ø(G) provide for sampling procedures to monitor compliance with the guidelines; 

ø(H) take into consideration— ø(i) vessel types; 

ø(ii) variations in the characteristics of point of origin and receiving water bodies; 

ø(iii) variations in the ecological conditions of waters 

and coastal areas of the United States; and 

ø(iv) different operating conditions; 

ø(I) be based on the best scientific information available; 

ø(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 

ø(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 

ø(L) not apply to crude oil tankers engaged in the coastwise trade. 

ø(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. 

ø(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). 

ø(e) PERIODIC REVIEW AND REVISION.—

ø(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)— ø(A) assess the compliance by vessels with the voluntary 

guidelines issued under subsection (c) and the regulations 

promulgated under this Act; 

ø(B) establish the rate of compliance that is based on the 

assessment under subparagraph (A); 


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ø(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 

ø(D) as necessary, on the basis of the best scientific information available— ø(i) revise the guidelines and regulations referred to 

in subparagraph (A); 

ø(ii) promulgate additional regulations pursuant to 

subsection (f)(1); or 

ø(iii) carry out each of clauses (i) and (ii). 

ø(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—

ø(A) conduct a special review of guidelines and regulations applicable to those waterways in accordance with the 

review procedures under paragraph (1); and 

ø(B) as necessary, in the same manner as provided 

under paragraph (1)(D)—

ø(i) revise those guidelines; 

ø(ii) promulgate additional regulations pursuant to 

subsection (f)(1); or 

ø(iii) carry out each of clauses (i) and (ii). 

ø(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). 

ø(f) AUTHORITY OF SECRETARY.—

ø(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— ø(A) the rate of effective compliance (as determined by 

the Secretary) with the guidelines issued pursuant to subsection (c) is inadequate; or 

ø(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). 

ø(2) REQUIREMENTS FOR REGULATIONS.—The regulations promulgated by the Secretary under paragraph (1)—

ø(A) shall—

ø(i) not be promulgated sooner than 180 days following the issuance of the report to Congress submitted pursuant to subsection (d); 

ø(ii) make mandatory the requirements included in 

the voluntary guidelines issued under subsection (c); 

and 

ø(iii) provide for the enforcement of the regula-tions; 

and 

ø(B) may be regional in scope. 


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ø(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. 

ø(g) SANCTIONS.— ø(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. 

ø(2) CRIMINAL PENALTIES.—Any person who knowingly violates the regulations promulgated under subsection (b) or (f) is 

guilty of a class C felony. 

ø(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). 

ø(4) EXCEPTION TO SANCTIONS.—This subsection does not 

apply to a failure to exchange ballast water if— ø(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 

ø(B) the recordkeeping and reporting requirements of 

the Act are complied with. 

ø(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. 

ø(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. 

ø(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. 

ø(k) SAFETY EXEMPTION.—


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ø(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. 

ø(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. 

ø(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). 

ø(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. 

ø(B) The study required under subparagraph (A) shall be 

submitted to the Congress by no later than October 1, 1997. 

ø(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 


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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 manVerDate Aug 31 2005 22:09 Sep 21, 2007 Jkt 059006 PO 00000 Frm 00129 Fmt 6659 Sfmt 6603 E:\HR\OC\HR338P1.XXX HR338P1

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agement 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—


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(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 


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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. 


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(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) PERMISSABLE 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 conVerDate Aug 31 2005 22:09 Sep 21, 2007 Jkt 059006 PO 00000 Frm 00133 Fmt 6659 Sfmt 6603 E:\HR\OC\HR338P1.XXX HR338P1

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sultation 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; 


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(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 


jlentini on PROD1PC65 with HEARING
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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; 


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(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 repVerDate Aug 31 2005 22:09 Sep 21, 2007 Jkt 059006 PO 00000 Frm 00137 Fmt 6659 Sfmt 6603 E:\HR\OC\HR338P1.XXX HR338P1

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resentatives 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 


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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). 


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(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 adeVerDate Aug 31 2005 22:09 Sep 21, 2007 Jkt 059006 PO 00000 Frm 00140 Fmt 6659 Sfmt 6603 E:\HR\OC\HR338P1.XXX HR338P1

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quate 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 


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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 


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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 


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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 VESSELBOURNE 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 


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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 

øguidelines 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) * * * 


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(B) REQUIREMENTS FOR SURVEYS.—In conducting the 

surveys under this paragraph, the Secretary shall— (i) * * * 

(ii) assess the effectiveness of øvoluntary 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 øsection 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 øguidelines 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. 


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øSEC. 1103. ARMED SERVICES BALLAST WATER PROGRAMS. 

ø(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. 

ø(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. 

øSEC. 1104. BALLAST WATER MANAGEMENT DEMONSTRATION PROGRAM. 

ø(a) TECHNOLOGIES AND PRACTICES DEFINED.—For purposes of 

this section, the term ‘‘technologies and practices’’ means those 

technologies and practices that—

ø(1) may be retrofitted—

ø(A) on existing vessels or incorporated in new vessel designs; and 

ø(B) on existing land-based ballast water treatment facilities; 

ø(2) may be designed into new water treatment facilities; 

ø(3) are operationally practical; 

ø(4) are safe for a vessel and crew; 

ø(5) are environmentally sound; 

ø(6) are cost-effective; 

ø(7) a vessel operator is capable of monitoring; and 

ø(8) are effective against a broad range of aquatic nuisance 

species. 

ø(b) DEMONSTRATION PROGRAM.—

ø(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 øof the 

technologies and practices used in the demonstration program¿ 

of alternative ballast water management methods used in the 


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program conducted under this subsection shall be performed in 

the United States. 

(3) VESSEL SELECTION.—In demonstrating øtechnologies 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—

ø(i) are approved by the Secretary; 

ø(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 

ø(iii)¿ (ii) are—

(I) * * * 

* * * * * * * 

ø(C) seek to use a variety of vessel types, including vessels that—

ø(i) call on ports in the United States and on the 

Great Lakes; and 

ø(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. 

* * * * * * * 

ø(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. 

* * * * * * * 


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(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. 

ø(c)¿ (d) AUTHORITIES; CONSULTATION AND COOPERATION WITH

INTERNATIONAL MARITIME ORGANIZATION AND TASK FORCE.—

(1) AUTHORITIES.—In conducting the demonstration program 

under subsection (b), the øSecretary of the Interior¿ Secretary, 

in consultation with the Under Secretary, may—


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(A) enter into cooperative agreements with appropriate 

officials of other agencies of the Federal Government, 

agencies of States and political subdivisions thereof, and 

private entities; 

(B) accept funds, facilities, equipment, or personnel from 

other Federal agencies; and 

(C) accept donations of property and services. 

(2) CONSULTATION AND COOPERATION.—The øSecretary 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. 


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(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—


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(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; øand¿ 

(5) for each of fiscal years 1997 through 2002—

(A) * * * 

(B) $500,000 to the Secretary to carry out section 

1102(f)ø.¿; 

(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). 

* * * * * * * 

Æ 


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