69–008 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 110–604 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2830) TO AUTHORIZE 

APPROPRIATIONS FOR THE COAST GUARD FOR FISCAL YEAR 2008, AND 

FOR OTHER PURPOSES 

APRIL 22, 2008.—Referred to the House Calendar and ordered to be printed 

Mr. ARCURI, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 1126] 

The Committee on Rules, having had under consideration House 

Resolution 1126, by a non-record vote, report the same to the 

House with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 2830, the ‘‘Coast 

Guard Authorization Act of 2007,’’ under a structured rule. The 

resolution provides for one hour of general debate, with 40 minutes 

equally divided and controlled by the chairman and ranking minority member of the Committee on Transportation and Infrastructure 

and 20 minutes equally divided and controlled by the chairman and 

ranking minority member of the Committee on Homeland Security. 

The resolution waives all points of order against consideration of 

the bill except those arising under clause 9 or 10 of rule XXI. In 

lieu of the amendments in the nature of a substitute recommended 

by the Committees on Transportation and Infrastructure, Homeland Security, and the Judiciary now printed in the bill, the resolution provides that the amendment in the nature of a substitute 

printed in part A of this report shall be an original bill for the purpose of amendment. The resolution provides that the amendment 

in the nature of a substitute printed in part A of this report shall 

be considered as read. The resolution waives all points of order 

against the amendment in the nature of a substitute printed in 

part A of this report except those arising under clause 10 of rule 

XXI. This does not affect the point of order available under clause 

9 of rule XXI (regarding earmark disclosure). 

The resolution makes in order only those further amendments 

printed in part B of this report. The amendments made in order 

may be offered only in the order printed in this report, may be offered only by a Member designated in this report, shall be considVerDate Aug 31 2005 04:16 Apr 23, 2008 Jkt 069008 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR604.XXX HR604

wwoods2 on PRODPC68 with REPORTS
2 

ered as read, shall be debatable for the time specified in this report 

equally divided and controlled by the proponent and an opponent, 

shall not be subject to amendment, and shall not be subject to a 

demand for a division of the question in the House or in the Committee of the Whole. The resolution waives all points of order 

against the amendments except those arising under clause 9 or 10 

of rule XXI. 

The resolution provides one motion to recommit with or without 

instructions. In addition, in the engrossment of H.R. 2830, the 

Clerk is directed to add at the end the text of H.R. 2399, the ‘‘Alien 

Smuggling and Terrorism Prevention Act of 2007,’’ as it passed the 

House. The rule provides that, notwithstanding the operation of the 

previous question, the Chair may postpone further consideration to 

a time designated by the Speaker. Finally, the rule authorizes the 

chairman of the Judiciary Committee to file a supplemental report 

on H.R. 2830. 

EXPLANATION OF WAIVERS

Although the rule waives all points of order against the bill and 

its consideration (except those arising under clause 9 or 10 of rule 

XXI), the Committee is not aware of any points of order against the 

bill or its consideration. The waivers of all points of order against 

the bill and its consideration (except those arising under clause 9 

or 10 of rule XXI) are prophylactic in nature. 

SUMMARY OF AMENDMENT IN PART A TO BE MADE IN ORDER AS

ORIGINAL TEXT

The amendment in the nature of a substitute increases FY08 

funding to the Coast Guard to $8.4 billion. It increases the authorized number of Coast Guard personnel by 1,500 members, to 

47,000. The amendment in the nature of a substitute increases 

maritime security response teams. It mandates protection and enforcement of security zones encompassing all Liquefied Natural 

Gas (LNG) areas by the Coast Guard. It requires certification that 

the Coast Guard has adequate resources to provide such protection. 

It directs the Department of Homeland Security to provide an analysis of the threat and consequences of a terrorist attack on gasoline 

and chemical shipments and report the findings to Congress. The 

amendment in the nature of a substitute establishes an Assistant 

Commandant for Port and Waterways Security responsible for 

overseeing all regulations dealing with security in U.S. ports and 

waterways. It eliminates Lead System Integrators for the Deepwater Program, establishing instead a civilian Chief Acquisitions 

Officer reporting directly to the Coast Guard Commandant. It increases safety requirements on commercial fishing vessels and 

mandates training for operators. It requires lower emissions of sulfur oxide and nitrogen oxide so that ships meet EPA standards and 

the U.S. complies with an international maritime pollution convention. It requires double hulls on ships carrying more than 600 cubic 

meters of oil. It requires ships to begin installing ballast water 

treatment systems to protect against the introduction of invasive 

species into U.S. ports and waterways. The amendment would consider all Coast Guard vessels homeported in Guam as ineligible to 

receive repairs at foreign shipyards. It would require the Coast 

Guard Academy to establish a policy on sexual harassment. It 


wwoods2 on PRODPC68 with REPORTS
3 

would authorize the Coast Guard to issue regulations requiring licensed pilots to carry portable electronic devices for navigation. Finally, it would require the EPA to study the underground petroleum spill on the Brooklyn shoreline. 

SUMMARY OF AMENDMENTS IN PART B TO BE MADE IN ORDER

(Summaries derived from information provided by sponsors.) 

1. Oberstar (MN): The amendment in the nature of a substitute 

increases FY08 funding to the Coast Guard to $8.4 billion. It increases the authorized number of Coast Guard personnel by 1,500 

members, to 47,000. The amendment in the nature of a substitute 

increases maritime security response teams. It mandates protection 

and enforcement of security zones encompassing all Liquefied Natural Gas (LNG) areas by the Coast Guard. It requires certification 

that the Coast Guard has adequate resources to provide such protection. It directs the Department of Homeland Security to provide 

an analysis of the threat and consequences of a terrorist attack on 

gasoline and chemical shipments and report the findings to Congress. The amendment in the nature of a substitute establishes an 

Assistant Commandant for Port and Waterways Security responsible for overseeing all regulations dealing with security in U.S. 

ports and waterways. It eliminates Lead System Integrators for the 

Deepwater Program, establishing instead a civilian Chief Acquisitions Officer reporting directly to the Coast Guard Commandant. It 

increases safety requirements on commercial fishing vessels and 

mandates training for operators. It requires lower emissions of sulfur oxide and nitrogen oxide so that ships meet EPA standards and 

the U.S. complies with an international maritime pollution convention. It requires double hulls on ships carrying more than 600 cubic 

meters of oil. It requires ships to begin installing ballast water 

treatment systems to protect against the introduction of invasive 

species into U.S. ports and waterways. The amendment would consider all Coast Guard vessels homeported in Guam as ineligible to 

receive repairs at foreign shipyards. It would require the Coast 

Guard Academy to establish a policy on sexual harassment. It 

would authorize the Coast Guard to issue regulations requiring licensed pilots to carry portable electronic devices for navigation. Finally, it would require the EPA to study the underground petroleum spill on the Brooklyn shoreline. (10 minutes) 

2. LaTourette (OH)/Boustany (LA): Would amend section 720 of 

the substitute (regarding waterside security around liquified natural gas tankers and terminals) to state that the Coast Guard may 

consider security assets and personnel provided by state and local 

officials contracted or otherwise made available to an LNG terminal operator in determining whether security resources are 

available to carry out necessary waterside security measures. (10 

minutes) 

3. Matsui (CA)/Poe (TX)/Maloney (NY)/Shays (CT): Would require 

the Secretary of the department in which the Coast Guard is operating to maintain on an Internet site a numerical accounting of 

missing persons and alleged crimes committed on cruise ships. The 

database would be updated quarterly and aggregated by cruise 

line. The amendment would require cruise lines to include a link 

to this database on their public websites. (10 minutes) 


wwoods2 on PRODPC68 with REPORTS
4 

4. Poe (TX): Would state the findings of Congress that stateless 

submersible or semi-submersible vessels on international voyages 

are a serious international problem, facilitate international crimes, 

and are a threat to the safety and security of the United States. 

The amendment would make it a federal criminal offense subject 

to fines, imprisonment, or both for the operation and embarkation 

of any stateless submersible or semi-submersible vessel. (10 minutes) 

5. McNerney (CA): States that the marine safety provisions of 

the bill shall not impair the legal authority of the Coast Guard to 

carry out its homeland security mission, including protecting ports 

and waterways, stopping human smuggling, and preventing terrorist organizations from attacking the United States. (10 minutes) 

6. Bilirakis (FL): Would strike section 708 of the substitute 

amendment (maritime biometric identification) and replace it with 

a requirement that the Commandant of the Coast Guard, within 

one year of enactment, conduct a program for the mobile biometric 

identification of suspected individuals, including terrorists, to enhance border security. It also would require a cost analysis of expanding these capabilities to other Coast Guard and DHS vessels. 

The analysis may include a plan to give priority to vessels and 

units more likely to encounter those suspected of making illegal 

border crossings through the maritime environment. (10 minutes) 

7. Markey (MA): Would direct the Secretary of Homeland Security to notify the Federal Energy Regulatory Commission (FERC) 

of any determination by the Secretary that a proposed waterside 

liquefied natural gas (LNG) facility is suitable or unsuitable for the 

marine traffic associated with the LNG facility. Within 90 days of 

such notification, FERC must respond to the Secretary’s determination with what action the Commission has taken regarding a proposal to construct and operate a waterside LNG. (10 minutes) 

8. Lofgren (CA): Would allow the Secretary of Homeland Security 

to use a secondary authentication system for individuals applying 

for transportation security cards when fingerprints are not able to 

be taken or read to enhance transportation security. (10 minutes) 

9. Bishop, Tim (NY): Would require the Secretary of the department in which the Coast Guard is operating to study, within 180 

days of enactment, the role of state and local law enforcement in 

augmenting Coast Guard resources by enforcing Coast Guard-imposed security zones around vessels transiting to, through, or from 

U.S. ports and conducting port security patrols. (10 minutes) 

10. Broun (GA): Would strike title X (appeals to national transportation safety board) and title XI (marine safety) from the bill. 

(10 minutes) 

11. Cuellar (TX): Would direct the Secretary of the department 

in which the Coast Guard is operating, within 90 days of enactment, to conduct a mission requirement analysis for the navigable 

portions of the Rio Grande River, Texas, international water 

boundary. The analysis would identify what resources would be 

needed to further the Coast Guard’s mission along the Rio Grande 

River. (10 minutes) 

12. Kirk (IL): Would include vessels that operate exclusively in 

the Great Lakes ecosystem among vessels that would be required 

to have a ballast water treatment system, at the request of the Secretary of Agriculture. (10 minutes) 


wwoods2 on PRODPC68 with REPORTS
5 

13. Smith, Lamar (TX): Would add a new title to the bill to enhance federal criminal penalties for alien smuggling. (10 minutes) 

14. Jackson-Lee (TX): Directs the Secretary of Homeland Security to assess, within 30 days of enactment, the enrollment sites for 

transportation security cards, including the feasibility of keeping 

them open for longer durations and the quality of their customer 

service and application processing times. (10 minutes) 

15. Stupak (MI): Would permit the Commandant of the Coast 

Guard to convey, without consideration, the Coast Guard Station 

Marquette and Lighthouse Point in Marquette County, Michigan, 

to the City of Marquette, Michigan. The conveyance could not occur 

until the Coast Guard has relocated to a newly constructed station, 

any environmental remediation required under federal law has 

been completed, and the Commandant of the Coast Guard determines that retention of the lighthouse is not needed for Coast 

Guard missions. (10 minutes) 

PART A: TEXT OF AMENDMENT TO BE MADE IN ORDER AS 

ORIGINAL TEXT 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

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

2008’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—AUTHORIZATION 

Sec. 101. Authorization of appropriations. 

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

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

TITLE II—COAST GUARD 

Sec. 201. Appointment of civilian Coast Guard judges. 

Sec. 202. Industrial activities. 

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

Sec. 204. Commissioned officers. 

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

system. 

Sec. 206. Grants to international maritime organizations. 

Sec. 207. Emergency leave retention authority. 

Sec. 208. Enforcement authority. 

Sec. 209. Repeal. 

Sec. 210. Admirals and Vice Admirals. 

Sec. 211. Merchant Mariner Medical Advisory Committee. 

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

Sec. 213. Enhanced status quo officer promotion system. 

Sec. 214. Laser Training System. 

Sec. 215. Coast Guard vessels and aircraft. 

Sec. 216. Coast Guard District Ombudsmen. 

Sec. 217. Ensuring contracting with small business concerns and disadvantaged 

business concerns. 

Sec. 218. Assistant Commandant for Port and Waterway Security. 

Sec. 219. Small business procurements. 

Sec. 220. Enforcement of coastwise trade laws. 

Sec. 221. Nomination and appointment of cadets at the Coast Guard Academy. 

TITLE III—SHIPPING AND NAVIGATION 

Sec. 301. Vessel size limits. 


wwoods2 on PRODPC68 with REPORTS
6 

Sec. 302. Goods and services. 

Sec. 303. Seaward extension of anchorage grounds jurisdiction. 

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

Sec. 305. Technical amendments to tonnage measurement law. 

Sec. 306. Cold weather survival training. 

Sec. 307. Fishing vessel safety. 

Sec. 308. Mariner records. 

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

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

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

Sec. 312. Log books. 

Sec. 313. Unsafe operation. 

Sec. 314. Approval of survival craft. 

Sec. 315. Safety management. 

Sec. 316. Protection against discrimination. 

Sec. 317. Dry bulk cargo residue. 

Sec. 318. Oil fuel tank protection. 

Sec. 319. Registry endorsement for LNG vessels. 

Sec. 320. Oaths. 

Sec. 321. Duration of credentials. 

Sec. 322. Fingerprinting. 

Sec. 323. Authorization to extend the duration of licenses, certificates of registry, 

and merchant mariners’ documents. 

Sec. 324. Merchant mariner documentation. 

Sec. 325. Merchant mariner assistance report. 

Sec. 326. Merchant mariner shortage report. 

Sec. 327. Merchant mariner document standards. 

Sec. 328. Report on Coast Guard determinations. 

Sec. 329. Pilot required. 

Sec. 330. Offshore supply vessels. 

Sec. 331. Recreational vessel operator education and training. 

Sec. 332. Ship emission reduction technology demonstration project. 

TITLE IV—MISCELLANEOUS PROVISIONS 

Sec. 401. Certificate of documentation for GALLANT LADY. 

Sec. 402. Waiver. 

Sec. 403. Great Lakes Maritime Research Institute. 

Sec. 404. Conveyance. 

Sec. 405. Crew wages on passenger vessels. 

Sec. 406. Technical corrections. 

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

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

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

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

Sec. 411. Decommissioned Coast Guard vessels for Haiti. 

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

Sec. 413. Vessel traffic risk assessments. 

Sec. 414. Vessel MARYLAND INDEPENDENCE. 

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

Sec. 416. Conveyance of Coast Guard vessel to Coahoma County, Mississippi. 

Sec. 417. Conveyance of Coast Guard vessel to Warren County, Mississippi. 

Sec. 418. Conveyance of Coast Guard vessel to Washington County, Mississippi. 

Sec. 419. Coast Guard assets for United States Virgin Islands. 

Sec. 420. Conveyance of the Presque Isle Light Station fresnel lens to Presque Isle 

Township, Michigan. 

Sec. 421. Fishing in South Pacific tuna treaty convention area. 

Sec. 422. Assessment of needs for additional Coast Guard presence in high latitude 

regions. 

Sec. 423. Study of regional response vessel and salvage capability for Olympic Peninsula coast, Washington. 

Sec. 424. Report on projected workload at the Coast Guard Yard in Curtis Bay, 

Maryland. 

Sec. 425. Study of bridges over navigable waters. 

Sec. 426. Limitation on jurisdiction of States to tax certain seamen. 

Sec. 427. Decommissioned Coast Guard vessels for Bermuda. 


wwoods2 on PRODPC68 with REPORTS
7 

Sec. 428. Recreational marine industry. 

Sec. 429. Conveyance of Coast Guard vessels to Nassau County, New York. 

TITLE V—BALLAST WATER TREATMENT 

Sec. 501. Short title. 

Sec. 502. Declaration of goals and purposes. 

Sec. 503. Ballast water management. 

Sec. 504. National ballast water management information. 

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

Sec. 506. Rapid response plan. 

Sec. 507. Authorization of appropriations. 

TITLE VI—MARITIME POLLUTION PREVENTION 

Sec. 601. Short title. 

Sec. 602. References. 

Sec. 603. Definitions. 

Sec. 604. Applicability. 

Sec. 605. Administration and enforcement. 

Sec. 606. Certificates. 

Sec. 607. Reception facilities. 

Sec. 608. Inspections. 

Sec. 609. Amendments to the protocol. 

Sec. 610. Penalties. 

Sec. 611. Effect on other laws. 

TITLE VII—PORT SECURITY 

Sec. 701. Maritime homeland security public awareness program. 

Sec. 702. Transportation Worker Identification Credential. 

Sec. 703. Study to identify redundant background records checks. 

Sec. 704. Review of interagency operational centers. 

Sec. 705. Maritime security response teams. 

Sec. 706. Coast Guard detection canine team program expansion. 

Sec. 707. Coast Guard port assistance program. 

Sec. 708. Maritime biometric identification. 

Sec. 709. Review of potential threats. 

Sec. 710. Port security pilot. 

Sec. 711. Advance notice of port arrival of significant or fatal incidents involving 

U.S. persons. 

Sec. 712. Safety and security assistance for foreign ports. 

Sec. 713. Seasonal workers. 

Sec. 714. Comparative risk assessment of vessel-based and facility-based liquefied 

natural gas regasification processes. 

Sec. 715. Pilot Program for fingerprinting of maritime workers. 

Sec. 716. Transportation security cards on vessels. 

Sec. 717. International labor study. 

Sec. 718. Maritime security advisory committees. 

Sec. 719. Seamen’s shoreside access. 

Sec. 720. Waterside security around liquefied natural gas terminals and liquefied 

natural gas tankers. 

TITLE VIII—COAST GUARD INTEGRATED DEEPWATER PROGRAM 

Sec. 801. Short title. 

Sec. 802. Implementation of Coast Guard Integrated Deepwater Acquisition Program. 

Sec. 803. Chief Acquisition Officer. 

Sec. 804. Testing and certification. 

Sec. 805. National Security Cutters. 

Sec. 806. Miscellaneous reports. 

Sec. 807. Use of the Naval Sea Systems Command, the Naval Air Systems Command, and the Space and Naval Warfare Systems Command to assist 

the Coast Guard in exercising technical authority for the Deepwater 

Program and other Coast Guard acquisition programs. 

Sec. 808. Definitions. 

TITLE IX—MINORITY SERVING INSTITUTIONS 

Sec. 901. MSI Management Internship Program. 

Sec. 902. MSI initiatives. 


wwoods2 on PRODPC68 with REPORTS
8 

Sec. 903. Coast Guard-MSI Cooperative Technology Program. 

Sec. 904. Definition. 

TITLE X—APPEALS TO NATIONAL TRANSPORTATION SAFETY BOARD 

Sec. 1001. Rights of appeal regarding licenses, certificates of registry, and merchant mariners’ documents. 

Sec. 1002. Authorities of National Transportation Safety Board. 

Sec. 1003. Transfer of pending appeals to the National Transportation Safety 

Board. 

Sec. 1004. Rulemaking requirements. 

Sec. 1005. Administrative Law Judge recruiting program. 

TITLE XI—MARINE SAFETY 

Sec. 1101. Marine safety. 

Sec. 1102. Marine safety staff. 

Sec. 1103. Marine safety mission priorities and long term goals. 

Sec. 1104. Powers and duties. 

Sec. 1105. Appeals and waivers. 

Sec. 1106. Coast Guard Academy. 

Sec. 1107. Geographic stability. 

Sec. 1108. Apprentice program. 

Sec. 1109. Report regarding civilian marine inspectors. 

TITLE I—AUTHORIZATION 

SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

Funds are authorized to be appropriated for fiscal year 2008 for 

necessary expenses of the Coast Guard as follows: 

(1) For the operation and maintenance of the Coast Guard, 

$5,965,742,000, of which—

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

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

2712(a)(5)); 

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

search and rescue programs; 

(C) $527,000,000 shall be available only for paying for 

marine safety programs; 

(D) $80,500,000 shall be available only for paying for operating expenses of the Integrated Deepwater System program; and 

(E) $1,523,000,000 shall be available only for paying for 

ports, waterways, and coastal security. 

(2) For the acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, 

vessels, and aircraft, including equipment related thereto, 

$1,125,083,000, of which—

(A) $20,000,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 

1012(a)(5) of the Oil Pollution Act of 1990, to remain available until expended; 

(B) $990,444,000 is authorized for the Integrated Deepwater System Program; and 

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

to navigation. 

(3) To the Commandant of the Coast Guard for research, development, test, and evaluation of technologies, materials, and 

human factors directly relating to improving the performance 


wwoods2 on PRODPC68 with REPORTS
9 

of the Coast Guard’s mission in search and rescue, aids to 

navigation, marine safety, marine environmental protection, 

enforcement of laws and treaties, ice operations, oceanographic 

research, and defense readiness, $25,000,000, to remain available until expended, of which $2,000,000 shall be derived from 

the Oil Spill Liability Trust Fund to carry out the purposes of 

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

(4) For retired pay (including the payment of obligations otherwise chargeable to lapsed appropriations for this purpose), 

payments under the Retired Serviceman’s Family Protection 

and Survivor Benefit Plans, and payments for medical care of 

retired personnel and their dependents under chapter 55 of 

title 10, United States Code, $1,184,720,000, to remain available until expended. 

(5) For alteration or removal of bridges over navigable waters of the United States constituting obstructions to navigation, and for personnel and administrative costs associated 

with the Bridge Alteration Program, $16,000,000. 

(6) For environmental compliance and restoration at Coast 

Guard facilities (other than parts and equipment associated 

with operation and maintenance), $13,000,000, to remain available until expended. 

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

$126,883,000. 

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

(a) ACTIVE DUTY STRENGTH.—The Coast Guard is authorized an 

end-of-year strength for active duty personnel of 47,000 for the fiscal year ending on September 30, 2008. 

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

the Coast Guard is authorized average military training student 

loads as follows: 

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

(2) For flight training, 165 student years. 

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

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

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

(a) TRANSFER.—

(1) AUTHORITY AND FUNCTIONS.—Notwithstanding section 

888(b) of the Homeland Security Act of 2002 (6 U.S.C. 468(b)) 

or any other provision of law, the authorities of the Secretary 

of Homeland Security to approve the construction, alteration, 

or operation of a bridge, drawbridge, or causeway across or 

over the navigable waters of the United States and to require 

the alteration, repair, or removal of that bridge, drawbridge, or 

causeway, pursuant to the Bridge Act of 1906 (34 Stat. 84; 33 

U.S.C. 491 et seq.), the General Bridge Act of 1946 (60 Stat. 

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

33 U.S.C. 511 et seq.), and the International Bridge Act of 

1972 (60 Stat. 847; 33 U.S.C. 525 et seq.), and the functions 

related thereto, are hereby transferred to the Secretary of 

Transportation. 


wwoods2 on PRODPC68 with REPORTS
10 

(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: 

‘‘§ 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.’’. 


wwoods2 on PRODPC68 with REPORTS
11 

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. 

‘‘(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. 


wwoods2 on PRODPC68 with REPORTS
12 

‘‘(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. StafVerDate Aug 31 2005 04:16 Apr 23, 2008 Jkt 069008 PO 00000 Frm 00012 Fmt 6659 Sfmt 6602 E:\HR\OC\HR604.XXX HR604

wwoods2 on PRODPC68 with REPORTS
13 

ford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 

et seq.) shall be treated, for the purpose of section 701(f)(2) of title 

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

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

amended by inserting after the item relating to section 425 the following new item: 

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

SEC. 208. ENFORCEMENT AUTHORITY. 

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

amended by adding at the end the following: 

‘‘§ 99. Enforcement authority 

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

Coast Guard, in the performance of official duties, may—

‘‘(1) carry a firearm; and 

‘‘(2) while at a facility (as defined in section 70101 of title 

46)—

‘‘(A) make an arrest without warrant for any offense 

against the United States committed in their presence; 

and 

‘‘(B) seize property as otherwise provided by law.’’. 

(b) CONFORMING REPEAL.—The first section added to title 46, 

United States Code, by the amendment made by subsection (a) of 

section 801 of the Coast Guard and Maritime Transportation Act 

of 2004 (118 Stat. 1078), and the item relating to such first section 

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

801, are repealed. 

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

amended by adding at the end the following: 

‘‘99. Enforcement authority.’’. 

SEC. 209. REPEAL. 

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

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

SEC. 210. ADMIRALS AND VICE ADMIRALS. 

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

Code, is amended by striking ‘‘vice admiral’’ and inserting ‘‘admiral’’. 

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

is amended to read as follows: 

‘‘§ 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. 


wwoods2 on PRODPC68 with REPORTS
14 

‘‘(C) The Commander, Force Readiness Command. 

‘‘(D) The Commander, Operations Command. 

‘‘(3) The President may appoint, by and with the advice and consent of the Senate, and reappoint, by and with the advice and consent of the Senate, to each of the positions designated under paragraph (1) an officer of the Coast Guard who is serving on active 

duty above the grade of captain. The Commandant shall make recommendations for those appointments. 

‘‘(b)(1) The appointment and the grade of vice admiral under this 

section shall be effective on the date the officer assumes that duty 

and, except as provided in paragraph (2) of this subsection or in 

section 51(d) of this title, shall terminate on the date the officer is 

detached from that duty. 

‘‘(2) An officer who is appointed to a position designated under 

subsection (a) shall continue to hold the grade of vice admiral—

‘‘(A) while under orders transferring the officer to another 

position designated under subsection (a), beginning on the date 

the officer is detached from duty and terminating on the date 

before the day the officer assumes the subsequent duty, but 

not for more than 60 days; 

‘‘(B) while hospitalized, beginning on the day of the hospitalization and ending on the day the officer is discharged 

from the hospital, but not for more than 180 days; and 

‘‘(C) while awaiting retirement, beginning on the date the officer is detached from duty and ending on the day before the 

officer’s retirement, but not for more than 60 days. 

‘‘(c)(1) An appointment of an officer under subsection (a) does not 

vacate the permanent grade held by the officer. 

‘‘(2) An officer serving in a grade above rear admiral who holds 

the permanent grade of rear admiral (lower half) shall be considered for promotion to the permanent grade of rear admiral as if the 

officer was serving in the officer’s permanent grade. 

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

subsection (a), the Commandant shall inform the President of the 

qualifications needed by an officer serving in that position to carry 

out effectively the duties and responsibilities of that position.’’. 

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

(d) CONFORMING AMENDMENT.—Section 51 of that title is amended—

(1) by amending subsections (a), (b), and (c) to read as follows: 

‘‘(a) An officer, other than the Commandant, who, while serving 

in the grade of admiral or vice admiral, is retired for physical disability shall be placed on the retired list with the highest grade in 

which that officer served. 

‘‘(b) An officer, other than the Commandant, who is retired while 

serving in the grade of admiral or vice admiral, or who, after serving at least two and one-half years in the grade of admiral or vice 

admiral, is retired while serving in a lower grade, may in the discretion of the President, be retired with the highest grade in which 

that officer served. 

‘‘(c) An officer, other than the Commandant, who, after serving 

less than two and one-half years in the grade of admiral or vice adVerDate Aug 31 2005 04:16 Apr 23, 2008 Jkt 069008 PO 00000 Frm 00014 Fmt 6659 Sfmt 6602 E:\HR\OC\HR604.XXX HR604

wwoods2 on PRODPC68 with REPORTS
15 

miral, is retired while serving in a lower grade, shall be retired in 

his permanent grade.’’; and 

(2) in subsection (d)(2) by striking ‘‘Area Commander, or 

Chief of Staff’’ and inserting ‘‘or Vice Admirals’’. 

(e) CLERICAL AMENDMENTS.—

(1) The heading for section 47 of that title is amended by 

striking ‘‘assignment’’ and inserting ‘‘appointment’’. 

(2) The table of sections at the beginning of chapter 3 of that 

title is amended—

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

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

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

‘‘50. Vice admirals.’’; 

and 

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

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

amended in the fifth sentence by striking ‘‘subsection’’ and inserting ‘‘section’’. 

SEC. 211. MERCHANT MARINER MEDICAL ADVISORY COMMITTEE. 

(a) IN GENERAL.—Chapter 71 of title 46, United States Code, is 

amended by adding at the end the following new section: 

‘‘§ 7115. Merchant Mariner Medical Advisory Committee 

‘‘(a) ESTABLISHMENT.—

‘‘(1) IN GENERAL.—There is established a Merchant Mariner 

Medical Advisory Committee (in this section referred to as the 

‘Committee’). 

‘‘(2) FUNCTIONS.—The Committee shall advise the Secretary 

on matters relating to—

‘‘(A) medical certification determinations for issuance of 

merchant mariner credentials; 

‘‘(B) medical standards and guidelines for the physical 

qualifications of operators of commercial vessels; 

‘‘(C) medical examiner education; and 

‘‘(D) medical research. 

‘‘(b) MEMBERSHIP.—

‘‘(1) IN GENERAL.—The Committee shall consist of 14 members, none of whom is a Federal employee, and shall include—

‘‘(A) ten who are health-care professionals with particular expertise, knowledge, or experience regarding the 

medical examinations of merchant mariners or occupational medicine; and 

‘‘(B) four who are professional mariners with knowledge 

and experience in mariner occupational requirements. 

‘‘(2) STATUS OF MEMBERS.—Members of the Committee shall 

not be considered Federal employees or otherwise in the service or the employment of the Federal Government, except that 

members shall be considered special Government employees, as 

defined in section 202(a) of title 18, United States Code, and 

shall be subject to any administrative standards of conduct apVerDate Aug 31 2005 04:16 Apr 23, 2008 Jkt 069008 PO 00000 Frm 00015 Fmt 6659 Sfmt 6602 E:\HR\OC\HR604.XXX HR604

wwoods2 on PRODPC68 with REPORTS
16 

plicable to the employees of the department in which the Coast 

Guard is operating. 

‘‘(c) APPOINTMENTS; TERMS; VACANCIES.—

‘‘(1) APPOINTMENTS.—The Secretary shall appoint the members of the Committee, and each member shall serve at the 

pleasure of the Secretary. 

‘‘(2) TERMS.—Each member shall be appointed for a term of 

three years, except that, of the members first appointed, three 

members shall be appointed for a term of two years and three 

members shall be appointed for a term of one year. 

‘‘(3) VACANCIES.—Any member appointed to fill the vacancy 

prior to the expiration of the term for which that member’s 

predecessor was appointed shall be appointed for the remainder of that term. 

‘‘(d) CHAIRMAN AND VICE CHAIRMAN.—The Secretary shall designate one member of the Committee as the Chairman and one 

member as the Vice Chairman. The Vice Chairman shall act as 

Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman. 

‘‘(e) COMPENSATION; REIMBURSEMENT.—Members of the Committee shall serve without compensation, except that, while engaged in the performance of duties away from their homes or regular places of business of the member, the member of the Committee may be allowed travel expenses, including per diem in lieu 

of subsistence, as authorized by section 5703 of title 5. 

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

the conduct of its business.’’. 

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

enactment of this Act, the Merchant Mariner Medical Advisory 

Committee established by the amendment made by this section 

shall hold its first meeting. 

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

title is amended by adding at the end the following: 

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

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

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

as follows: 

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

‘‘(1) in the Regular Coast Guard in a grade, not above lieutenant, appropriate to their qualifications, experience, and 

length of service, as the needs of the Coast Guard may require, 

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

‘‘(2) in the Coast Guard Reserve in a grade, not above lieutenant, appropriate to their qualifications, experience, and 

length of service, as the needs of the Coast Guard may require, 

from among the commissioned warrant officers of the Coast 

Guard Reserve.’’. 

SEC. 213. ENHANCED STATUS QUO OFFICER PROMOTION SYSTEM. 

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


wwoods2 on PRODPC68 with REPORTS
17 

(1) in section 253(a)—

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

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

may recommend for promotion’’; 

(2) in section 258—

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

text; 

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

colon at the end of the material preceding paragraph (1) 

and inserting ‘‘—’’; and 

(C) by adding at the end the following: 

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

‘‘(1) In addition to the information provided pursuant to subsection (a), the Secretary may furnish the selection board—

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

Guard for officers having particular skills, including direction relating to the need for a minimum number of officers 

with particular skills within a specialty; and 

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

be necessary to enable the board to properly perform its 

functions. 

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

provided under this subsection shall not exceed the maximum 

percentage of officers who may be selected from below the announced promotion zone at any given selection board convened 

under section 251 of this title.’’; 

(3) in section 259(a), by inserting after ‘‘whom the board’’ the 

following: ‘‘, giving due consideration to the needs of the Coast 

Guard for officers with particular skills so noted in specific direction furnished to the board by the Secretary under section 

258 of this title,’’; and 

(4) in section 260(b), by inserting after ‘‘qualified for promotion’’ the following: ‘‘to meet the needs of the service (as 

noted in specific direction furnished the board by the Secretary 

under section 258 of this title)’’. 

SEC. 214. LASER TRAINING SYSTEM. 

(a) IN GENERAL.—Within one year after the date of enactment of 

this Act, the Secretary of the department in which the Coast Guard 

shall test an integrated laser engagement system for the training 

of members of the Coast Guard assigned to small vessels in the use 

of individual weapons and machine guns on those vessels. The test 

shall be conducted on vessels on the Great Lakes using similar 

laser equipment used by other Federal agencies. However, that 

equipment shall be adapted for use in the marine environment. 

(b) REPORT.—The Secretary shall submit a report to the Committee on Transportation and Infrastructure and the Committee on 

Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate 

within 6 months after the conclusions of the test required under 

subsection (a) on the costs and benefits of using the system regionally and nationwide to train members of the Coast Guard in the 

use of individual weapons and machine guns. 


wwoods2 on PRODPC68 with REPORTS
18 

SEC. 215. COAST GUARD VESSELS AND AIRCRAFT. 

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

title 14, United States Code, is amended— (1) in paragraph (1), by striking ‘‘; or’’ and inserting a semicolon; 

(2) in paragraph (2), by striking the period at the end and 

inserting ‘‘; or’’; and 

(3) by adding at the end the following: 

‘‘(3) any other vessel or aircraft on government noncommercial service when— ‘‘(A) the vessel or aircraft is under the tactical control of 

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

and conducting a Coast Guard mission on the vessel or aircraft.’’. (b) AUTHORITY TO DISPLAY COAST GUARD ENSIGNS AND PEN- NANTS.—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 an employee 

of the Coast Guard in each Coast Guard District as a District Ombudsman to serve as a liaison between ports, terminal operators, 

shipowners, and labor representatives and the Coast Guard. ‘‘(b) PURPOSE.—The purpose of the District Ombudsman shall be 

the following: ‘‘(1) To support the operations of the Coast Guard in each 

port in the District for which the District Ombudsman is appointed. ‘‘(2) To improve communications between and among port 

stakeholders including, port and terminal operators, ship owners, labor representatives, and the Coast Guard. 

‘‘(3) To seek to resolve disputes between the Coast Guard 

and all petitioners regarding requirements imposed or services 

provided by the Coast Guard. 

‘‘(c) FUNCTIONS.—

‘‘(1) COMPLAINTS.—The District Ombudsman may examine 

complaints brought to the attention of the District Ombudsman 

by a petitioner operating in a port or by Coast Guard personnel. 

‘‘(2) GUIDELINES FOR DISPUTES.—

‘‘(A) IN GENERAL.—The District Ombudsman shall develop guidelines regarding the types of disputes with respect to which the District Ombudsman will provide assistance. 

‘‘(B) LIMITATION.—The District Ombudsman shall not 

provide assistance with respect to a dispute unless it involves the impact of Coast Guard requirements on port 

business and the flow of commerce. 

‘‘(C) PRIORITY.—In providing such assistance, the District Ombudsman shall give priority to complaints brought 


wwoods2 on PRODPC68 with REPORTS
19 

by petitioners who believe they will suffer a significant 

hardship as the result of implementing a Coast Guard requirement or being denied a Coast Guard service. ‘‘(3) CONSULTATION.—The District Ombudsman may consult 

with any Coast Guard personnel who can aid in the investigation of a complaint. ‘‘(4) ACCESS TO INFORMATION.—The District Ombudsman 

shall have access to any Coast Guard document, including any 

record or report, that will aid the District Ombudsman in obtaining the information needed to conduct an investigation of 

a compliant. ‘‘(5) REPORTS.—At the conclusion of an investigation, the District Ombudsman shall submit a report on the findings and 

recommendations of the District Ombudsman, to the Commander of the District in which the petitioner who brought the 

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

‘‘(A) in a timely fashion; and 

‘‘(B) not later than 4 months after the complaint is officially accepted by the District Ombudsman. ‘‘(d) APPOINTMENT.—The Commandant shall appoint as the District Ombudsman a civilian who has experience in port and transportation systems and knowledge of port operations or of maritime 

commerce (or both). ‘‘(e) ANNUAL REPORTS.—The Secretary shall report annually to 

the Committee on Transportation and Infrastructure of the House 

of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate on the matters brought before the 

District Ombudsmen, including— ‘‘(1) the number of matters brought before each District Ombudsman; ‘‘(2) a brief summary of each such matter; and 

‘‘(3) the eventual resolution of each such matter.’’. (b) CLERICAL AMENDMENT.—The analysis at the beginning of 

that chapter is amended by adding at the end the following new 

item: 

‘‘55. District Ombudsmen.’’. 

SEC. 217. ENSURING CONTRACTING WITH SMALL BUSINESS CONCERNS AND DISADVANTAGED BUSINESS CONCERNS. 

(a) REQUIREMENTS FOR PRIME CONTRACTS.—The Secretary shall 

include in each contract awarded for procurement of goods or services acquired for the Coast Guard—

(1) a requirement that the contractor shall implement a plan 

for the award, in accordance with other applicable requirements, of subcontracts under the contract to small business 

concerns, including small business concerns owned and controlled by socially and economically disadvantaged individuals, 

small business concerns owned and controlled by women, small 

business concerns owned and controlled by service-disabled 

veterans, HUBZone small business concerns, small business 

concerns participating in the program under section 8(a) of the 

Small Business Act (15 U.S.C. 637(a)), institutions receiving 

assistance under title III or V of the Higher Education Act of 


wwoods2 on PRODPC68 with REPORTS
20 

1965 (20 U.S.C. 1051 et seq., 1101 et seq.), and Alaska Native 

Corporations created pursuant to the Alaska Native Claims 

Settlement Act (43 U.S.C. 1601 et seq.), including the terms of 

such plan; and 

(2) a requirement that the contractor shall submit to the Secretary, during performance of the contract, periodic reports describing the extent to which the contractor has complied with 

such plan, including specification (by total dollar amount and 

by percentage of the total dollar value of the contract) of the 

value of subcontracts awarded at all tiers of subcontracting to 

small business concerns, institutions, and corporations referred 

to in subsection (a)(1). 

(b) UTILIZATION OF ALLIANCES.—The Secretary shall seek to facilitate award of contracts by the United States under the Deepwater Program to alliances of small business concerns, institutions, 

and corporations referred to in subsection (a)(1). 

(c) ANNUAL REPORT.—

(1) IN GENERAL.—The Secretary shall submit to the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives 

and the Committee on Commerce, Science, and Transportation 

of the Senate by October 31 each year a report on the award 

of contracts under the Deepwater Program to small business 

concerns, institutions, and corporations referred to in subsection (a)(1) during the preceding fiscal year. 

(2) CONTENTS.—The Secretary shall include in each report—

(A) specification of the value of such contracts, by dollar 

amount and as a percentage of the total dollar value of all 

contracts awarded by the United States under the Deepwater Program in such fiscal year; 

(B) specification of the total dollar value of such contracts awarded to each of the categories of small business 

concerns, institutions, and corporations referred to in subsection (a)(1); and 

(C) if the percentage specified under subparagraph (A) is 

less than 25 percent, an explanation of—

(i) why the percentage is less than 25 percent; and 

(ii) what will be done to ensure that the percentage 

for the following fiscal year will not be less than 25 

percent. 

(d) DEFINITIONS.—In this section: 

(1) DEEPWATER PROGRAM.—The term ‘‘Deepwater Program’’

means the Integrated Deepwater Systems Program described 

by the Coast Guard in its report to Congress entitled ‘‘Revised 

Deepwater Implementation Plan 2005’’, dated March 25, 2005. 

The Deepwater Program primarily involves the procurement of 

cutter and aviation assets that operate more than 50 miles offshore. 

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the department in which the Coast Guard is operating. 

SEC. 218. ASSISTANT COMMANDANT FOR PORT AND WATERWAY SECURITY. 

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

further amended by adding at the end the following: 


wwoods2 on PRODPC68 with REPORTS
21 

‘‘§ 61. Assistant Commandant for Port and Waterway Security 

‘‘(a) There shall be in the Coast Guard an Assistant Commandant for Port and Waterway Security who shall be a Rear Admiral or civilian from the Senior Executive Service (career reserved) selected by the Secretary. 

‘‘(b) The Assistant Commandant for Port and Waterway Security 

shall serve as the principal advisor to the Commandant regarding 

port and waterway security and shall carry out the duties and powers delegated and imposed by the Secretary.’’. 

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

that chapter is further amended by adding at the end the following: 

‘‘61. Assistant Commandant for Port and Waterway Security.’’. 

SEC. 219. SMALL BUSINESS PROCUREMENTS. 

(a) IN GENERAL.—Chapter 17 of title 14, United States Code, is 

amended by adding at the end the following: 

‘‘§ 678. Disadvantaged business enterprise program 

‘‘(a) IN GENERAL.—Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts obligated 

by the Coast Guard for contracts in any fiscal year shall be expended with small business concerns owned and controlled by socially and economically disadvantaged individuals. 

‘‘(b) DEFINITIONS.—In this subsection, the following definitions 

apply: 

‘‘(1) SMALL BUSINESS CONCERN.—The term ‘small business 

concern’ has the meaning given that term under section 3 of 

the Small Business Act (15 U.S.C. 632). 

‘‘(2) SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS.—The term ‘socially and economically disadvantaged individuals’ has the meaning that term has under section 8(d) of 

the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations issued pursuant to that Act, except that 

women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection. 

‘‘(c) REGULATIONS.—The Secretary shall issue final regulations 

governing the administration of the program created by this section 

by one year after the date of enactment of this section. To the maximum extent feasible, these regulations shall impose requirements 

similar to those of part 26 of title 49, Code of Federal Regulations, 

with respect to setting overall and contract goals, good faith efforts, 

and the contract award process, counting of credit for the participation of businesses owned and controlled by socially and economically disadvantaged individuals, and determining whether businesses are eligible to participate in the program. 

‘‘(d) TERMINATION.—This section shall cease to be effective three 

years after the date of its enactment.’’. (b) CLERICAL AMENDMENT.—The analysis at the beginning of 

that chapter is further amended by adding at the end the following: 

‘‘678. Disadvantaged business enterprise program.’’. 

SEC. 220. ENFORCEMENT OF COASTWISE TRADE LAWS. 

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

amended by adding at the end the following: 


wwoods2 on PRODPC68 with REPORTS
22 

‘‘§ 101. Enforcement of coastwise trade laws 

‘‘Officers and members of the Coast Guard are authorized to enforce chapter 551 of title 46. The Secretary shall establish a program for these officers and members to enforce that chapter, including the application of those laws to vessels that support the exploration, development, and production of oil, gas, or mineral resources in the Gulf of Mexico.’’. 

(b) CLERICAL AMENDMENT.—The analysis for that chapter is 

amended by adding at the end the following new item: 

‘‘101. Enforcement of coastwise trade laws.’’. 

(c) REPORT.—The Secretary of the department in which the Coast 

Guard is operating shall submit a report to the Committee on 

Transportation and Infrastructure of the House of Representatives 

and the Senate Committee on Commerce, Science, and Transportation within one year after the date of enactment of this Act on 

the enforcement strategies and enforcement actions taken to enforce the coastwise trade laws. 

SEC. 221. NOMINATION AND APPOINTMENT OF CADETS AT THE COAST 

GUARD ACADEMY. 

(a) NOMINATION AND COMPETITIVE APPOINTMENT, GENERALLY.—

Section 182(a) of title 14, United States Code, is amended to read 

as follows: 

‘‘(a) NOMINATION AND COMPETITIVE APPOINTMENT OF CADETS.—

‘‘(1) ELIGIBILITY FOR NOMINATION.—An individual may be 

nominated for a competitive appointment as a cadet at the 

Coast Guard Academy only if the individual–

‘‘(A) is a citizen or national of the United States; and 

‘‘(B) meets the minimum requirements that the Secretary shall establish. 

‘‘(2) NOMINATORS.—Nominations for competitive appointments for the positions allocated under this section may be 

made as follows: 

‘‘(A) A Senator may nominate residents of the State represented by that Senator. 

‘‘(B) A Member of the House of Representatives may 

nominate residents of the State in which the congressional 

district represented by that Member is located. 

‘‘(C) A Delegate to the House of Representatives from 

the District of Columbia, the Virgin Islands, Guam, or 

American Samoa may nominate residents of the jurisdiction represented by that Delegate. 

‘‘(D) The Resident Commissioner to the United States 

from Puerto Rico may nominate residents of Puerto Rico. 

‘‘(E) The Governor of the Northern Mariana Islands may 

nominate residents of the Northern Mariana Islands. 

‘‘(3) ALLOCATION OF POSITIONS.—Positions for competitive appointments shall be allocated each year as follows: 

‘‘(A) Positions shall be allocated for residents of each 

State nominated by the Members of Congress from that 

State in proportion to the representation in Congress from 

that State. 

‘‘(B) Four positions shall be allocated for residents of the 

District of Columbia. 


wwoods2 on PRODPC68 with REPORTS
23 

‘‘(C) One position each shall be allocated for residents of 

the Virgin Islands, Guam, and American Samoa, respectively. ‘‘(D) One position shall be allocated for a resident of 

Puerto Rico. ‘‘(E) One position shall be allocated for a resident of the 

Northern Mariana Islands. ‘‘(F) Two positions shall be allocated for individuals nominated by the Panama Canal Commission. ‘‘(4) COMPETITIVE SYSTEM FOR APPOINTMENT.— ‘‘(A) ESTABLISHMENT OF SYSTEM.—The Secretary shall 

establish a competitive system for selecting for appointment individuals nominated under paragraph (1) to fill the 

positions allocated under paragraph (3). The system must 

determine the relative merit of each individual based on 

competitive examinations, an assessment of the individual’s academic background, and other effective indicators 

of motivation and probability of successful completion of 

training at the Academy. ‘‘(B) APPOINTMENTS BY JURISDICTION.—The Secretary 

shall appoint individuals to fill the positions allocated 

under subsection (c) for each jurisdiction in the order of 

merit of the individuals nominated from that jurisdiction. 

‘‘(C) REMAINING UNFILLED POSITIONS.—If positions remain unfilled after the appointments are made under 

paragraph (2), the Secretary shall appoint individuals to 

fill the positions in the order of merit of the remaining individuals nominated from all jurisdictions. ‘‘(5) NONCOMPETITIVE APPOINTMENTS.—The Secretary may 

appoint each year without competition as cadets at the Academy the following: 

‘‘(A) Without limit, the children of persons who have 

been awarded the Medal of Honor for acts performed while 

in the armed forces. ‘‘(B) Without limit— ‘‘(i) children of individuals who died while on active 

duty in the armed forces of the United States; ‘‘(ii) children of individuals who are determined by 

the Secretary of Veterans Affairs to have a serviceconnected disability rated at not less than 100 percent 

resulting from wounds or injuries received in, diseases 

contracted in, or preexisting injury or disease aggravated by, active service; ‘‘(iii) children of members of the armed forces of the 

United States who are in a missing status as defined 

in section 551(2) of title 37; and ‘‘(iv) children of civilian employees of the armed 

forces of the United States who are in missing status 

as defined in section 5561(5) of title 5. 

‘‘(C) Not more than 25 enlisted members of the Coast 

Guard; 

‘‘(D) Not more than 20 qualified individuals with qualities the Secretary considers to be of special value to the 

Academy and that the Secretary considers will achieve a 

national demographic balance at the Academy. 


wwoods2 on PRODPC68 with REPORTS
24 

‘‘(6) ADDITIONAL APPOINTMENTS FROM PARTICULAR AREAS.— ‘‘(A) OTHER COUNTRIES IN WESTERN HEMISPHERE.—The 

President may appoint individuals from countries in the 

Western Hemisphere other than the United States to receive instruction at the Academy. Not more than 12 individuals may receive instruction under this subsection at 

the same time, and not more than 2 individuals from the 

same country may receive instruction under this subsection at the same time. ‘‘(B) OTHER COUNTRIES GENERALLY.— ‘‘(i) APPOINTMENT.—The Secretary, with the approval of the Secretary of State, may appoint individuals from countries other than the United States to receive instruction at the Academy. Not more than 20 

individuals may receive instruction under this subsection at the same time. ‘‘(ii) REIMBURSEMENT.—The Secretary shall ensure 

that the country from which an individual comes 

under this subsection will reimburse the Secretary for 

the cost (as determined by the Secretary) of the instruction and allowances received by the individual at 

the Academy. 

‘‘(C) COMMITMENT.—Each individual attending the Academy under this paragraph shall sign an agreement stating 

that the individual, upon graduation, will accept an appointment, if tendered, as an officer in the Coast Guard of 

the country from which the individual comes for at least 

five years. ‘‘(7) PROHIBITED BASIS FOR APPOINTMENT.—Preference may 

not be given to an individual for appointment as a cadet at the 

Academy because one or more members of the individual’s immediate family are alumni of the Academy.’’. 

(b) MINORITY RECRUITING PROGRAM.— (1) IN GENERAL.—Chapter 9 of title 14, United States Code, 

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

‘‘§ 197. Minority recruiting program 

‘‘The Secretary of the department in which the Coast Guard is 

operating shall establish a minority recruiting program for prospective cadets at the Coast Guard Academy. The program may include—

‘‘(1) use of minority cadets and officers to provide information 

regarding the Coast Guard and the Academy to students in 

high schools; 

‘‘(2) sponsoring of trips to high school teachers and guidance 

counselors to the Academy; 

‘‘(3) to the extent authorized by the Secretary of the Navy, 

maximizing the use of the Naval Academy Preparatory School 

to prepare students to be cadets at the Coast Guard Academy; 

‘‘(4) recruiting minority members of the Coast Guard to attend the Academy; 

‘‘(5) establishment of a minority affairs office at the Academy; and 

‘‘(6) use of minority officers and members of the Coast Guard 

Reserve and Auxiliary to promote the Academy.’’. 


wwoods2 on PRODPC68 with REPORTS
25 

(2) CLERICAL AMENDMENT.—The table of sections for that 

cuapter is amended by adding at the end the folowing new 

item: 

‘‘197. Minority recruiting program.’’. 

TITLE III—SHIPPING AND NAVIGATION 

SEC. 301. VESSEL SIZE LIMITS. 

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

title 46, United States Code, is amended—

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

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

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

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

inserting ‘‘; or’’; and 

(5) by inserting at the end the following: 

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

vessel under section 208(g) of the American Fisheries Act 

(title II of division C of Public Law 105–277; 112 Stat. 

2681–627) and is eligible for a fishery endorsement under 

this section.’’. 

(b) CONFORMING AMENDMENTS.—

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

the American Fisheries Act (title II of division C of Public Law 

105–277; 112 Stat. 2681–627) is amended to read as follows: 

‘‘(g) VESSEL REBUILDING AND REPLACEMENT.—

‘‘(1) IN GENERAL.—

‘‘(A) REBUILD OR REPLACE.—Notwithstanding any limitation to the contrary on replacing, rebuilding, or lengthening vessels or transferring permits or licenses to a replacement vessel contained in sections 679.2 and 679.4 of 

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

date of enactment of the Coast Guard Authorization Act of 

2008 and except as provided in paragraph (4), the owner 

of a vessel eligible under subsection (a), (b), (c), (d), or (e) 

(other than paragraph (21)), in order to improve vessel 

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

efficiency) with a vessel documented with a fishery endorsement under section 12113 of title 46, United States 

Code. 

‘‘(B) SAME REQUIREMENTS.—The rebuilt or replacement 

vessel shall be eligible in the same manner and subject to 

the same restrictions and limitations under such subsection as the vessel being rebuilt or replaced. 

‘‘(C) TRANSFER OF PERMITS AND LICENSES.—Each fishing 

permit and license held by the owner of a vessel or vessels 

to be rebuilt or replaced under subparagraph (A) shall be 

transferred to the rebuilt or replacement vessel. 

‘‘(2) RECOMMENDATIONS OF NORTH PACIFIC COUNCIL.—The 

North Pacific Council may recommend for approval by the Secretary such conservation and management measures, including 

size limits and measures to control fishing capacity, in accordVerDate Aug 31 2005 04:16 Apr 23, 2008 Jkt 069008 PO 00000 Frm 00025 Fmt 6659 Sfmt 6602 E:\HR\OC\HR604.XXX HR604

wwoods2 on PRODPC68 with REPORTS
26 

ance with the Magnuson-Stevens Act as it considers necessary 

to ensure that this subsection does not diminish the effectiveness of fishery management plans of the Bering Sea and Aleutian Islands Management Area or the Gulf of Alaska. ‘‘(3) SPECIAL RULE FOR REPLACEMENT OF CERTAIN VESSELS.— ‘‘(A) IN GENERAL.—Notwithstanding the requirements of 

subsections (b)(2), (c)(1), and (c)(2) of section 12113 of title 

46, United States Code, a vessel that is eligible under subsection (a), (b), (c), (d), or (e) (other than paragraph (21)) 

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

the vessel that is replaced is validly documented with a 

fishery endorsement pursuant to section 203(g) or 213(g) 

before the replacement vessel is documented with a fishery 

endorsement under section 12113 of title 46, United States 

Code. ‘‘(B) APPLICABILITY.—A replacement vessel under subparagraph (A) and its owner and mortgagee are subject to 

the same limitations under section 203(g) or 213(g) that 

are applicable to the vessel that has been replaced and its 

owner and mortgagee. ‘‘(4) SPECIAL RULES FOR CERTAIN CATCHER VESSELS.— ‘‘(A) IN GENERAL.—A replacement for a covered vessel 

described in subparagraph (B) is prohibited from harvesting fish in any fishery (except for the Pacific whiting 

fishery) managed under the authority of any regional fishery management council (other than the North Pacific 

Council) established under section 302(a) of the MagnusonStevens Act. ‘‘(B) COVERED VESSELS.—A covered vessel referred to in 

subparagraph (A) is— ‘‘(i) a vessel eligible under subsection (a), (b), or (c) 

that is replaced under paragraph (1); or 

‘‘(ii) a vessel eligible under subsection (a), (b), or (c) 

that is rebuilt to increase its registered length, gross 

tonnage, or shaft horsepower. 

‘‘(5) LIMITATION ON FISHERY ENDORSEMENTS.—Any vessel 

that is replaced under this subsection shall thereafter not be 

eligible for a fishery endorsement under section 12113 of title 

46, United States Code, unless that vessel is also a replacement vessel described in paragraph (1). ‘‘(6) GULF OF ALASKA LIMITATION.—Notwithstanding paragraph (1), the Secretary shall prohibit from participation in the 

groundfish fisheries of the Gulf of Alaska any vessel that is rebuilt or replaced under this subsection and that exceeds the 

maximum length overall specified on the license that authorizes fishing for groundfish pursuant to the license limitation 

program under part 679 of title 50, Code of Federal Regulations, as in effect on the date of enactment of the Coast Guard 

Authorization Act of 2008. ‘‘(7) AUTHORITY OF PACIFIC COUNCIL.—Nothing in this section 

shall be construed to diminish or otherwise affect the authority 

of the Pacific Council to recommend to the Secretary conservation and management measures to protect fisheries under its 


wwoods2 on PRODPC68 with REPORTS
27 

jurisdiction (including the Pacific whiting fishery) and participants in such fisheries from adverse impacts caused by this 

Act.’’. (2) EXEMPTION OF CERTAIN VESSELS.—Section 203(g) of the 

American Fisheries Act (title II of division C of Public Law 

105–277; 112 Stat. 2681–620) is amended— (A) by inserting ‘‘and’’ after ‘‘(United States official number 651041)’’; 

(B) by striking ‘‘, NORTHERN TRAVELER (United 

States official number 635986), and NORTHERN VOYAGER (United States official number 637398) (or a replacement vessel for the NORTHERN VOYAGER that 

complies with paragraphs (2), (5), and (6) of section 208(g) 

of this Act)’’; and 

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

that follows through ‘‘PHOENIX,’’. (3) FISHERY COOPERATIVE EXIT PROVISIONS.—Section 210(b) 

of the American Fisheries Act (title II of division C of Public 

Law 105–277; 112 Stat. 2681–629) is amended—

(A) by moving the matter beginning with ‘‘the Secretary 

shall’’ in paragraph (1) 2 ems to the right; 

(B) by adding at the end the following: 

‘‘(7) FISHERY COOPERATIVE EXIT PROVISIONS.— ‘‘(A) FISHING ALLOWANCE DETERMINATION.—For purposes 

of determining the aggregate percentage of directed fishing 

allowances under paragraph (1), when a catcher vessel is 

removed from the directed pollock fishery, the fishery allowance for pollock for the vessel being removed— ‘‘(i) shall be based on the catch history determination for the vessel made pursuant to section 679.62 of 

title 50, Code of Federal Regulations, as in effect on 

the date of enactment of the Coast Guard Authorization Act of 2008; and ‘‘(ii) shall be assigned, for all purposes under this 

title, in the manner specified by the owner of the vessel being removed to any other catcher vessel or 

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

fishery cooperative for at least one year after the date 

on which the vessel being removed leaves the directed 

pollock fishery. 

‘‘(B) ELIGIBILITY FOR FISHERY ENDORSEMENT.—Except as 

provided in subparagraph (C), a vessel that is removed 

pursuant to this paragraph shall be permanently ineligible 

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

qualify any owner of such vessel for any permit to participate in any fishery within the exclusive economic zone of 

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

be removed pursuant to this paragraph. ‘‘(C) LIMITATIONS ON STATUTORY CONSTRUCTION.—Nothing in this paragraph shall be construed— ‘‘(i) to make the vessels AJ (United States official 

number 905625), DONA MARTITA (United States offiVerDate Aug 31 2005 04:16 Apr 23, 2008 Jkt 069008 PO 00000 Frm 00027 Fmt 6659 Sfmt 6602 E:\HR\OC\HR604.XXX HR604

wwoods2 on PRODPC68 with REPORTS
28 

cial number 651751), NORDIC EXPLORER (United 

States official number 678234), and PROVIDIAN 

(United States official number 1062183) ineligible for 

a fishery endorsement or any permit necessary to participate in any fishery under the authority of the New 

England Fishery Management Council or the Mid-Atlantic Fishery Management Council established, respectively, under subparagraphs (A) and (B) of section 

302(a)(1) of the Magnuson-Stevens Act; or 

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

participate in any fishery under the authority of the 

Councils referred to in clause (i) in any manner that 

is not consistent with the fishery management plan for 

the fishery developed by the Councils under section 

303 of the Magnuson-Stevens Act.’’. 

SEC. 302. GOODS AND SERVICES. 

Section 4(b) of the Act of July 5, 1884, commonly known as the 

Rivers and Harbors Appropriation Act of 1884 (33 U.S.C. 5(b)), is 

amended—

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

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

(3) by adding at the end the following: 

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

engaged in foreign commerce).’’. 

SEC. 303. SEAWARD EXTENSION OF ANCHORAGE GROUNDS JURISDICTION. 

Section 7 of the Rivers and Harbors Appropriations Act of 1915 

(33 U.S.C. 471) is amended—

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

‘‘(a) IN GENERAL.—The’’. 

(2) in subsection (a) (as designated by paragraph (1)) by 

striking ‘‘$100; and the’’ and inserting ‘‘up to $10,000. Each 

day during which a violation continues shall constitute a separate violation. The’’; 

(3) by adding at the end the following: 

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

United States’ includes all waters of the territorial sea of the 

United States as described in Presidential Proclamation No. 5928 

of December 27, 1988.’’. 

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

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

‘‘(c) SIMPLE POSSESSION.—

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

jurisdiction of the United States who is found by the Secretary, 

after notice and an opportunity for a hearing, to have knowingly or intentionally possessed a controlled substance within 

the meaning of the Controlled Substances Act (21 U.S.C. 812) 

shall be liable to the United States for a civil penalty of not 

to exceed $10,000 for each violation. The Secretary shall notify 

the individual in writing of the amount of the civil penalty. 


wwoods2 on PRODPC68 with REPORTS
29 

‘‘(2) DETERMINATION OF AMOUNT.—In determining the 

amount of the penalty, the Secretary shall consider the nature, 

circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other 

matters that justice requires. 

‘‘(3) TREATMENT OF CIVIL PENALTY ASSESSMENT.—Assessment 

of a civil penalty under this subsection shall not be considered 

a conviction for purposes of State or Federal law but may be 

considered proof of possession if such a determination is relevant.’’. 

SEC. 305. TECHNICAL AMENDMENTS TO TONNAGE MEASUREMENT 

LAW. 

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

Code, is amended—

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

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

‘‘that arrives’’; 

(3) in subparagraph (B)—

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

and 

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

voyage)’’; 

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

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

‘‘that makes’’. 

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

amended by striking ‘‘intended to be engaged on’’ and inserting 

‘‘that engages on’’. 

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

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

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

agreement or other law of the United States to the vessel depends 

on the vessel’s tonnage.’’; 

(2) in subsection (b)—

(A) in paragraph (1), by striking the period at the end 

and inserting ‘‘, unless the government of the country to 

which the vessel belongs elects to measure the vessel 

under this chapter.’’; 

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

Canadian registry or nationality, or a vessel operated 

under the authority of the United States or Canada, and 

that is’’ after ‘‘vessel’’; 

(C) in paragraph (4), by striking ‘‘a vessel (except a vessel engaged’’ and inserting ‘‘a vessel of United States registry or nationality, or one operated under the authority of 

the United States (except a vessel that engages’’; 

(D) by striking paragraph (5); 

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

(F) by amending paragraph (5), as so redesignated, to 

read as follows: 


wwoods2 on PRODPC68 with REPORTS
30 

‘‘(5) a barge of United States registry or nationality, or a 

barge operated under the authority of the United States (except a barge that engages on a foreign voyage) unless the 

owner requests.’’; 

(3) by striking subsection (c); 

(4) by redesignating subsections (d) and (e) as subsections (c) 

and (d), respectively; and 

(5) in subsection (c), as redesignated, by striking ‘‘After July 

18, 1994, an existing vessel (except an existing vessel referred 

to in subsection (b)(5)(A) or (B) of this section)’’ and inserting 

‘‘An existing vessel that has not undergone a change that the 

Secretary finds substantially affects the vessel’s gross tonnage 

(or a vessel to which IMO Resolutions A.494 (XII) of November 

19, 1981, A.540 (XIII) of November 17, 1983, or A.541 (XIII) of 

November 17, 1983 apply)’’. 

(d) MEASUREMENT.—Section 14302(b) of that title is amended to 

read as follows: 

‘‘(b) A vessel measured under this chapter may not be required 

to be measured under another law.’’. 

(e) TONNAGE CERTIFICATE.—

(1) ISSUANCE.—Section 14303 of title 46, United States Code, 

is amended—

(A) in subsection (a), by adding at the end the following: 

‘‘For a vessel to which the Convention does not apply, the 

Secretary shall prescribe a certificate to be issued as evidence of a vessel’s measurement under this chapter.’’; 

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

(C) in the section heading by striking ‘‘International’’

and ‘‘(1969)’’. 

(2) MAINTENANCE.—Section 14503 of that title is amended—

(A) by designating the existing text as subsection (a); 

and 

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

‘‘(b) The certificate shall be maintained as required by the Secretary.’’. 

(3) CLERICAL AMENDMENT.—The analysis at the beginning of 

chapter 143 of that title is amended by striking the item relating to section 14303 and inserting the following: 

‘‘14303. Tonnage Certificate.’’. 

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

that title is amended by striking ‘‘documented vessel measured 

under this chapter,’’ and inserting ‘‘vessel measured under this 

chapter that is of United States registry or nationality, or a vessel 

operated under the authority of the United States,’’. 

(g) APPLICATION.—Section 14501 of that title is amended—

(1) by amending paragraph (1) to read as follows: 

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

the application of an international agreement or other law of 

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

(2) in paragraph (2), by striking ‘‘a vessel’’ and inserting ‘‘A 

vessel’’. 


wwoods2 on PRODPC68 with REPORTS
31 

(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: 

‘‘§ 14514. Reciprocity for foreign vessels 

‘‘For a foreign vessel not measured under chapter 143, if the Secretary finds that the laws and regulations of a foreign country related to measurement of vessels are substantially similar to those 

of this chapter and the regulations prescribed under this chapter, 

the Secretary may accept the measurement and certificate of a vessel of that foreign country as complying with this chapter and the 

regulations prescribed under this chapter.’’. 

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

chapter 145 of such title is amended by adding at the end the following: 

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

SEC. 306. COLD WEATHER SURVIVAL TRAINING. 

(a) REPORT.—The Commandant of the Coast Guard shall report 

to the Committee on Transportation and Infrastructure of the 

House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate on the efficacy of cold 

weather survival training conducted by the Coast Guard in Coast 

Guard District 17 over the preceding 5 years. The report shall include plans for conducting such training in fiscal years 2008 

through 2011. 

(b) AUTHORIZATION OF APPROPRIATIONS FOR TRAINING.—There 

are authorized to be appropriated to the Secretary of Homeland Security $150,000 to carry out cold weather survival training in Coast 

Guard District 17. 

SEC. 307. FISHING VESSEL SAFETY. 

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

Code, is amended—

(1) in subsection (a), by—

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

‘‘(6) other equipment required to minimize the risk of injury 

to the crew during vessel operations, if the Secretary determines that a risk of serious injury exists that can be eliminated or mitigated by that equipment; and’’; and 

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

(2) in subsection (b)—

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


wwoods2 on PRODPC68 with REPORTS
32 

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

which the territorial sea of the United States is measured 

or beyond 3 nautical miles from the coastline of the Great 

Lakes’’; 

(C) in paragraph (2)(B), by striking ‘‘lifeboats or liferafts’’ and inserting ‘‘a survival craft that ensures that no part 

of an individual is immersed in water’’; 

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

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

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

charts, and publications’’; 

(F) in paragraph (2)(F), by striking ‘‘, including medicine 

chests’’ and inserting ‘‘and medical supplies sufficient for 

the size and area of operation of the vessel’’ and 

(G) by amending paragraph (2)(G) to read as follows: ‘‘(G) ground tackle sufficient for the vessel.’’; 

(3) by amending subsection (f) to read as follows: ‘‘(f) To ensure compliance with the requirements of this chapter, 

the Secretary— ‘‘(1) shall require the individual in charge of a vessel described in subsection (b) to keep a record of equipment maintenance, and required instruction and drills; and ‘‘(2) shall examine at dockside a vessel described in subsection (b) at least twice every 5 years, and shall issue a certificate of compliance to a vessel meeting the requirements of 

this chapter.’’; and 

(4) by adding at the end the following: ‘‘(g)(1) The individual in charge of a vessel described in subsection (b) must pass a training program approved by the Secretary 

that meets the requirements in paragraph (2) of this subsection 

and hold a valid certificate issued under that program. ‘‘(2) The training program shall—

‘‘(A) be based on professional knowledge and skill obtained 

through sea service and hands-on training, including training 

in seamanship, stability, collision prevention, navigation, fire 

fighting and prevention, damage control, personal survival, 

emergency medical care, and weather; 

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

found in navigation publications; 

‘‘(C) recognize and give credit for recent past experience in 

fishing vessel operation; and 

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

has successfully completed the program. 

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

subsection. The regulations shall require that individuals who are 

issued a certificate under paragraph (2)(D) must complete refresher 

training at least once every 5 years as a condition of maintaining 

the validity of the certificate. 

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

database listing the names of individuals who have participated in 

and received a certificate confirming successful completion of a 

training program approved by the Secretary under this section. 


wwoods2 on PRODPC68 with REPORTS
33 

‘‘(h) A vessel to which this chapter applies shall be constructed 

in a manner that provides a level of safety equivalent to the minimum safety standards the Secretary may established for recreational vessels under section 4302, if—

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

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

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

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

Grants Program to provide funding to municipalities, port authorities, other appropriate public entities, not-for-profit organizations, 

and other qualified persons that provide commercial fishing safety 

training—

‘‘(A) to conduct fishing vessel safety training for vessel operators and crewmembers that—

‘‘(i) in the case of vessel operators, meets the requirements of subsection (g); and 

‘‘(ii) in the case of crewmembers, meets the requirements 

of subsection (g)(2)(A), such requirements of subsection 

(g)(2)(B) as are appropriate for crewmembers, and the requirements of subsections (g)(2)(D), (g)(3), and (g)(4); and 

‘‘(B) for purchase of safety equipment and training aids for 

use in those fishing vessel safety training programs. 

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

a competitive basis. 

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

a grant under this subsection shall not exceed 75 percent. 

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

of fiscal years 2008 through 2012 for grants under this subsection. 

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

Grant Program to provide funding to individuals in academia, 

members of non-profit organizations and businesses involved in 

fishing and maritime matters, and other persons with expertise in 

fishing safety, to conduct research on methods of improving the 

safety of the commercial fishing industry, including vessel design, 

emergency and survival equipment, enhancement of vessel monitoring systems, communications devices, de-icing technology, and 

severe weather detection. 

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

a competitive basis. 

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

a grant under this subsection shall not exceed 75 percent.’’. 

(b) CONFORMING AMENDMENT.—Section 4506(b) of title 46, 

United States Code, is repealed. 

(c) ADVISORY COMMITTEE.—

(1) CHANGE OF NAME.—Section 4508 of title 46, United 

States Code, is amended—

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

‘‘§ 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 


wwoods2 on PRODPC68 with REPORTS
34 

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. 

‘‘(d)(1) After January 1, 2018, a fishing vessel, fish processing 

vessel, or fish tender vessel to which section 4502(b) of this title applies shall comply with an alternate safety compliance program 

that is developed in cooperation with the commercial fishing industry and prescribed by the Secretary, if the vessel—

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

‘‘(B) is built before January 1, 2008; and 

‘‘(C) is 25 years of age or older. 

‘‘(2) Alternative safety compliance programs may be developed for 

purposes of paragraph (1) for specific regions and fisheries. 

‘‘(3) A fishing vessel, fish processing vessel, or fish tender vessel 

to which section 4502(b) of this title applies that was classed before 

January 1, 2008, shall—

‘‘(A) remain subject to the requirements of a classification society approved by the Secretary; and 

‘‘(B) have on board a certificate from that society.’’. 

(2) CLERICAL AMENDMENT.—The table of section at the beginning of chapter 45 of title 46, United States Code, is amended 

by striking the item relating to such section and inserting the 

following: 

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

(f) ALTERNATIVE SAFETY COMPLIANCE PROGRAM.—No later than 

January 1, 2015, the Secretary of the department in which the 

Coast Guard is operating shall prescribe an alternative safety compliance program referred to in section 4503(d) of the title 46, 

United States Code, as amended by this section. 

SEC. 308. MARINER RECORDS. 

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

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

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

including electronic records,’’; and 


wwoods2 on PRODPC68 with REPORTS
35 

(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, which shall be kept available for review by the Secretary on request. 

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

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

or relieved the watch. 

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

seaman and each officer. 

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

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following: 

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


wwoods2 on PRODPC68 with REPORTS
36 

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: 

‘‘§ 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 


wwoods2 on PRODPC68 with REPORTS
37 

‘‘(2) is transporting more passengers than a number prescribed by the Secretary based on the number of individuals on 

the vessel that could be killed or injured in a marine casualty.’’; 

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

(5) in subsection (d)(4), as so redesignated, by inserting ‘‘that 

is not described in subsection (b) of this section’’ after ‘‘waters’’. (b) SAFETY MANAGEMENT SYSTEM.—Section 3203 of title 46, 

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

new subsection: ‘‘(c) In prescribing regulations for passenger vessels and small 

passenger vessels, the Secretary shall consider— ‘‘(1) the characteristics, methods of operation, and nature of 

the service of these vessels; and ‘‘(2) with respect to vessels that are ferries, the sizes of the 

ferry systems within which the vessels operate.’’. 

SEC. 316. PROTECTION AGAINST DISCRIMINATION. 

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

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

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

and inserting a semicolon; 

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

new subparagraphs: ‘‘(C) the seaman testified in a proceeding brought to enforce 

a maritime safety law or regulation prescribed under that law; ‘‘(D) the seaman notified, or attempted to notify, the vessel 

owner or the Secretary of a work-related personal injury or 

work-related illness of a seaman; ‘‘(E) the seaman cooperated with a safety investigation by 

the Secretary or the National Transportation Safety Board; ‘‘(F) the seaman furnished information to the Secretary, the 

National Transportation Safety Board, or any other public official as to the facts relating to any marine casualty resulting in 

injury or death to an individual or damage to property occurring in connection with vessel transportation; or ‘‘(G) the seaman accurately reported hours of duty under this 

part.’’; and 

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

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

subsection (a) of this section, or another person at the seaman’s request, may file a complaint with respect to such allegation in the 

same manner as a complaint may be filed under subsection (b) of 

section 31105 of title 49. Such complaint shall be subject to the procedures, requirements, and rights described in that section, including with respect to the right to file an objection, the right of a person to file for a petition for review under subsection (c) of that section, and the requirement to bring a civil action under subsection 

(d) of that section.’’. 

(b) EXISTING ACTIONS.—This section shall not affect the application of section 2114(b) of title 46, United States Code, as in effect 

before the date of enactment of this Act, to an action filed under 

that section before that date. 


wwoods2 on PRODPC68 with REPORTS
38 

SEC. 317. DRY BULK CARGO RESIDUE. 

Section 623(a)(2) of the Coast Guard and Maritime Transportation Act of 2004 (33 U.S.C. 1901 note) is amended by striking 

‘‘2008’’ and inserting ‘‘2011’’. 

SEC. 318. OIL FUEL TANK PROTECTION. 

Section 3306 of title 46, United States Code, is amended by adding at the end the following new subsection: 

‘‘(k)(1) Each vessel of the United States that is constructed under 

a contract entered into after the date of enactment of the Coast 

Guard Authorization Act of 2008, or that is delivered after August 

1, 2010, with an aggregate capacity of 600 cubic meters or more of 

oil fuel, shall comply with the requirements of Regulation 12A 

under Annex I to the Protocol of 1978 relating to the International 

Convention for the Prevention of Pollution from Ships, 1973, entitled ‘Oil Fuel Tank Protection.’

‘‘(2) The Secretary may prescribe regulations to apply the requirements described in Regulation 12A to vessels described in 

paragraph (1) that are not otherwise subject to that convention. 

Any such regulation shall be considered to be an interpretive rule 

for the purposes of section 553 of title 5. 

‘‘(3) In this subsection the term ‘oil fuel’ means any oil used as 

fuel in connection with the propulsion and auxiliary machinery of 

the vessel in which such oil is carried.’’. 

SEC. 319. REGISTRY ENDORSEMENT FOR LNG VESSELS. 

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

‘‘(d)(1) A vessel for which a registry endorsement is not issued 

may not engage in regasifying on navigable waters unless the vessel transported the gas from a foreign port. 

‘‘(2) Nothing in paragraph (1) or any other provision of this title 

may be construed as—

‘‘(A) applying to such paragraph a definition of the term ‘vessel’ that includes any structure on, in, or under the navigable 

waters of the United States that the Coast Guard regulates as 

a waterfront facility handling liquified natural gas under part 

127 of title 33, Code of Federal Regulations; or 

‘‘(B) having any effect on the jurisdiction of the Federal Energy Regulatory Commission under section 3(e)(1) of the Natural Gas Act. 

‘‘(3) Paragraph (2)(A) does not affect the authority of the Coast 

Guard to modify the provisions of part 127 of title 33, Code of Federal Regulations.’’. 

SEC. 320. OATHS. 

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

items relating to such sections in the analysis for chapters 71 and 

73 of such title, are repealed. 

SEC. 321. DURATION OF CREDENTIALS. 

(a) MERCHANT MARINER’S DOCUMENTS.—Section 7302(f) of title 

46, United States Code, is amended to read as follows: 

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

DOCUMENTS.—

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

merchant mariner’s document issued under this chapter is 


wwoods2 on PRODPC68 with REPORTS
39 

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. 

‘‘(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: 


wwoods2 on PRODPC68 with REPORTS
40 

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

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

section 7106 and 7107, the Secretary of the department in which 

the Coast Guard is operating may extend for one year an expiring 

license or certificate of registry issued for an individual under 

chapter 71 if the Secretary determines that extension is required 

to enable the Coast Guard to eliminate a backlog in processing applications for those licenses or certificates of registry. ‘‘(b) MERCHANT MARINER DOCUMENTS.—Notwithstanding section 

7302(g), the Secretary may extend for one year an expiring merchant mariner’s document issued for an individual under chapter 

71 if the Secretary determines that extension is required to enable 

the Coast Guard to eliminate a backlog in processing applications 

for those documents. ‘‘(c) MANNER OF EXTENSION.—Any extensions granted under this 

section may be granted to individual seamen or a specifically identified group of seamen. ‘‘(d) EXPIRATION OF AUTHORITY.—The authority for providing an 

extension under this section shall expire on June 30, 2009.’’. (b) CLERICAL AMENDMENT.—The analysis for such chapter, as 

amended by section 322(b), is further amended by adding at the 

end the following: 

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

SEC. 324. MERCHANT MARINER DOCUMENTATION. 

(a) INTERIM CLEARANCE PROCESS.—Not later than 180 days after 

the date of enactment of this Act, the Secretary of the department 

in which the Coast Guard is operating shall develop an interim 

clearance process for issuance of a merchant mariner document to 

enable a newly hired seaman to begin working on an offshore supply vessel or towing vessel if the Secretary makes an initial determination that the seaman does not pose a safety and security risk. 

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

shall include a check against the consolidated and integrated terrorist watch list maintained by the Federal Government, review of 

the seaman’s criminal record, and review of the results of testing 

the seaman for use of a dangerous drug (as defined in section 2101 

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

SEC. 325. MERCHANT MARINER ASSISTANCE REPORT. 

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

the Commandant of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report regarding a plan—

(1) to expand the streamlined evaluation process program 

that was affiliated with the Houston Regional Examination 

Center of the Coast Guard to all processing centers of the 

Coast Guard nationwide; 

(2) to include proposals to simplify the application process for 

a license as an officer, staff officer, or operator and for a merchant mariner’s document to help eliminate errors by merchant mariners when completing the application form (CG–


wwoods2 on PRODPC68 with REPORTS
41 

719B), including instructions attached to the application form 

and a modified application form for renewals with questions 

pertaining only to the period of time since the previous application; 

(3) to provide notice to an applicant of the status of the pending application, including a process to allow the applicant to 

check on the status of the application by electronic means; and 

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

applications for new or renewed licenses, merchant mariner 

documents, and certificates of registry is retained in a secure 

electronic format. 

SEC. 326. MERCHANT MARINER SHORTAGE REPORT. 

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

the Secretary of Transportation, acting through the Administrator 

of the Maritime Administration, shall submit to the Committee on 

Transportation and Infrastructure of the House of Representatives 

and the Committee on Commerce, Science, and Transportation of 

the Senate a report concerning methods to address the current and 

future shortage in the number of merchant mariners, particularly 

entry-level mariners, including an evaluation of whether an educational loan program providing loans for the cost of on-the-job 

training would provide an incentive for workers and help alleviate 

the shortage. 

SEC. 327. MERCHANT MARINER DOCUMENT STANDARDS. 

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

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

Commerce, Science, and Transportation of the Senate—

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

an individual who has, or has applied for, a transportation security card under section 70105 of title 46, United States Code, 

for a merchant mariner document can be completed entirely by 

mail; and 

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

the merchant mariner document to comply with the requirements of such section, including a biometric identifier, and all 

relevant international conventions, including the International 

Labour Organization Convention Number 185 concerning the 

seafarers identity document, and include a review on whether 

or not such redesign will eliminate the need for separate credentials and background screening and streamline the application process for mariners. 

SEC. 328. REPORT ON COAST GUARD DETERMINATIONS. 

Not later than 180 days after enactment of this Act, the Secretary of Homeland Security shall provide to the Committee on 

Transportation and Infrastructure of the House of Representatives 

and the Committee on Commerce, Science, and Transportation of 

the Senate a report on the loss of United States shipyard jobs and 

industrial base expertise as a result of rebuild, conversion, and 

double-hull work on United States-flag vessels eligible to engage in 

the coastwise trade being performed in foreign shipyards, enforcement of the Coast Guard’s foreign rebuild determination regulaVerDate Aug 31 2005 04:16 Apr 23, 2008 Jkt 069008 PO 00000 Frm 00041 Fmt 6659 Sfmt 6602 E:\HR\OC\HR604.XXX HR604

wwoods2 on PRODPC68 with REPORTS
42 

tions, and recommendations for improving the transparency in the 

Coast Guard’s foreign rebuild determination process. 

SEC. 329. PILOT REQUIRED. 

Section 8502(g) of title 46, United States Code, is amended—

(1) in paragraph (1), by inserting ‘‘and Buzzards Bay, Massachusetts’’ before ‘‘, if any,’’; and 

(2) by adding at the end the following: 

‘‘(3) In any area of Buzzards Bay, Massachusetts, where a 

single-hull tanker or tank vessel carrying 5,000 or more barrels of oil or other hazardous material is required to be under 

the direction and control of a pilot, the pilot may not be a 

member of the crew of that vessel, and shall be a pilot licensed—

‘‘(A) by the State of Massachusetts who is operating 

under a Federal first class pilot’s license; or 

‘‘(B) under section 7101 of this title who has made at 

least 20 round trips on a vessel as a quartermaster, 

wheelsman, able seaman, or apprentice pilot, or in an 

equivalent capacity, including—

‘‘(i) at least 1 round trip through Buzzards Bay in 

the preceding 12-month period; and 

‘‘(ii) if the vessel will be navigating in periods of 

darkness in an area of Buzzards Bay where a vessel 

is required by regulation to have a pilot, at least 5 

round trips through Buzzards Bay during periods of 

darkness.’’. 

SEC. 330. OFFSHORE SUPPLY VESSELS. 

(a) DEFINITION.—Section 2101(19) of title 46, United States Code, 

is amended by striking ‘‘of more than 15 gross tons but less than 

500 gross tons as measured under section 14502 of this title, or an 

alternate tonnage measured under section 14302 of this title as 

prescribed by the Secretary under section 14104 of this title’’. 

(b) EXEMPTION.—Section 5209(b)(1) of the Oceans Act of 1992 

(Public Law 102–587; 46 U.S.C. 2101 note) is amended by inserting 

before the period at the end the following: ‘‘of less than 500 gross 

tons as measured under section 14502, or an alternate tonnage 

measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title.’’. 

(c) WATCHES.—Section 8104 of title 46, United States Code, is 

amended—

(1) in subsection (g), by inserting after ‘‘offshore supply vessel’’ the following: ‘‘of less than 500 gross tons as measured 

under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title,’’; 

(2) in subsection (d), by inserting ‘‘(1)’’ after ‘‘(d)’’, and by 

adding at the end the following: 

‘‘(2) Paragraph (1) does not apply to an offshore supply vessel of 

more than 6,000 gross tons as measured under section 14302 of 

this title if the individuals engaged on the vessel are in compliance 

with hours of service requirements (including recording and recordkeeping of that service) prescribed by the Secretary.’’; and 

(3) in subsection (e), by striking ‘‘subsection (d)’’ and inserting ‘‘subsection (d)(1)’’. 


wwoods2 on PRODPC68 with REPORTS
43 

(d) MINIMUM NUMBER OF LICENSED INDIVIDUALS.—Section 

8301(b) of title 46, United States Code, is amended to read as follows: ‘‘(b)(1) An offshore supply vessel shall have at least one mate. 

Additional mates on an offshore supply vessel of more than 6,000 

gross tons as measured under section 14302 of this title shall be 

prescribe in accordance with hours of service requirements (including recording and record-keeping of that service) prescribed by the 

Secretary. ‘‘(2) An offshore supply vessel of more than 200 gross tons as 

measured under section 14502 of this title, or an alternate tonnage 

measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title, may not be operated without a licensed engineer.’’. 

SEC. 331. RECREATIONAL VESSEL OPERATOR EDUCATION AND TRAINING. 

(a) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Secretary of the department in which the 

Coast Guard is operating shall study and report to the Committee 

on Transportation and Infrastructure of the House of Representatives and the Committees on Commerce, Science, and Transportation of the Senate regarding recreational vessel operator training. 

The study and report shall included a review of— (1) Coast Guard Auxiliary and Power Squadron training programs; 

(2) existing State boating education programs, including programs by the National Association of State Boating Law Administrators (in this section referred to as ‘‘NASBLA’’); and 

(3) other hands-on training programs available to recreational vessel operators. 

(b) INCLUDED SUBJECTS.—The study shall specifically examine— (1) course materials; 

(2) course content; 

(3) training methodology; 

(4) assessment methodology; and 

(5) relevancy of course content to risks for recreational boaters. 

(c) CONTENTS OF REPORT.—The report under this section shall include—

(1) a section regarding steps the Coast Guard and NASBLA 

have taken to encourage States to adopt mandatory recreational vessel operator training; 

(2) an evaluation of the ability of the States to harmonize 

their education programs and testing procedures; 

(3) an analysis of the extent States have provided reciprocity 

among the States for their respective mandatory and voluntary 

education requirements and programs; 

(4) a section examining the level of uniformity of education 

and training between the States that currently have mandatory education and training programs; 

(5) a section outlining the minimum standards for education 

of recreational vessel operators; 

(6) a section analyzing how a Federal training and testing 

program can be harmonized with State training and testing 

programs; 


wwoods2 on PRODPC68 with REPORTS
44 

(7) analysis of course content and delivery methodology for 

relevancy to risks for recreational boaters; 

(8) a description of the current phase-in periods for mandatory boater education in State mandatory education programs 

and recommendation for the phase-in period for a mandatory 

boater education program including an evaluation as to whether the phase-in period affects course availability and cost; 

(9) a description of the extent States allow for experienced 

boaters to by-pass mandatory education courses and go directly 

to testing; 

(10) recommendations for a by-pass option for experienced 

boaters; 

(11) a section analyzing how the Coast Guard would administer a Federal boating education, training, and testing program; and 

(12) the extent to which a Federal boating education, training, and testing program should be required for all waters of 

a State, including internal waters. 

SEC. 332. SHIP EMISSION REDUCTION TECHNOLOGY DEMONSTRATION 

PROJECT. 

(a) STUDY.—The Commandant of the Coast Guard shall conduct 

a study—

(1) on the methods and best practices of the use of exhaust 

emissions reduction technology on cargo or passenger ships 

that operate in United States waters and ports; and 

(2) that identifies the Federal, State, and local laws, regulations, and other requirements that affect the ability of any entity to effectively demonstrate onboard technology for the reduction of contaminated emissions from ships. 

(b) REPORT.—Within 180 days after the date of enactment of this 

Act, the Commandant shall submit a report on the results of the 

study conducted under subsection (a) to the Committee on Transportation and Infrastructure of the House of Representatives and 

the Committee on Commerce, Science, and Transportation of the 

Senate. 

TITLE IV—MISCELLANEOUS 

PROVISIONS 

SEC. 401. CERTIFICATE OF DOCUMENTATION FOR GALLANT LADY. 

Section 1120(c) of the Coast Guard Authorization Act of 1996 

(110 Stat. 3977) is amended—

(1) in paragraph (1)—

(A) by striking ‘‘of Transportation’’ and inserting ‘‘of the 

department in which the Coast Guard is operating’’; and 

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

‘‘(A) the vessel GALLANT LADY (Feadship hull number 

672, approximately 168 feet in length).’’; 

(2) by striking paragraphs (3) and (4) and redesignating 

paragraph (5) as paragraph (3); and 

(3) in paragraph (3) (as so redesignated) by striking all after 

‘‘shall expire’’ and inserting ‘‘on the date of the sale of the vessel by the owner.’’. 


wwoods2 on PRODPC68 with REPORTS
45 

SEC. 402. WAIVER. 

Notwithstanding section 12112 and chapter 551 of title 46, 

United States Code, the Secretary of the department in which the 

Coast Guard is operating may issue a certificate of documentation 

with a coastwise endorsement for the OCEAN VERITAS (IMO 

Number 7366805). 

SEC. 403. GREAT LAKES MARITIME RESEARCH INSTITUTE. 

Section 605 of the Coast Guard and Maritime Transportation Act 

of 2004 (118 Stat. 1052) is amended—

(1) in subsection (b)(1)—

(A) by striking ‘‘The Secretary of Transportation shall 

conduct a study that’’ and inserting ‘‘The Institute shall 

conduct maritime transportation studies of the Great 

Lakes region, including studies that’’; 

(B) in subparagraphs (A), (B), (C), (E), (F), (H), (I), and 

(J) by striking ‘‘evaluates’’ and inserting ‘‘evaluate’’; 

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

and inserting ‘‘analyze’’; 

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

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

and inserting a semicolon; 

(F) by adding at the end the following: 

‘‘(K) identify ways to improve the integration of the 

Great Lakes marine transportation system into the national transportation system; 

‘‘(L) examine the potential of expanded operations on the 

Great Lakes marine transportation system; 

‘‘(M) identify ways to include intelligent transportation 

applications into the Great Lakes marine transportation 

system; 

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

‘‘(O) establish and maintain a model Great Lakes marine 

transportation system database; and 

‘‘(P) identify market opportunities for, and impediments 

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

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

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

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

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

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

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

SEC. 404. CONVEYANCE. 

(a) STATION BRANT POINT BOAT HOUSE.—

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

which the Coast Guard is operating shall convey to the town 

of Nantucket, Massachusetts, all right, title, and interest of the 

United States in and to the buildings known as the Station 

Brant Point Boat House located at Coast Guard Station Brant 

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


wwoods2 on PRODPC68 with REPORTS
46 

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

under paragraph (1) shall be made—

(A) without the payment of consideration; and 

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

(3) REVERSIONARY INTEREST.—All right, title, and interest in 

property conveyed under this subsection shall revert to the 

United States if any portion of the property is used other than 

for a public purpose. 

(b) LEASE.—

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

which the Coast Guard is operating shall enter into a lease 

with the town of Nantucket that authorizes the town of Nantucket to occupy the land on which the buildings conveyed 

under subsection (a) are located, subject to appropriate terms 

and conditions the Secretary considers necessary. 

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

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

that the property leased under paragraph (1) is necessary for 

purposes of the Coast Guard, the Secretary—

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

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

months notice of the requirement to vacate the site and 

move the buildings conveyed under subsection (a) to another location. 

SEC. 405. CREW WAGES ON PASSENGER VESSELS. 

(a) FOREIGN AND INTERCOASTAL VOYAGES.—

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

United States Code, is amended—

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

paragraph (2), when’’; and 

(B) by adding at the end the following: 

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

with respect to all claims in a class action suit by seamen on a passenger vessel capable of carrying more than 500 passengers for 

wages under this section against a vessel master, owner, or operator or the employer of the seamen shall not exceed ten times the 

unpaid wages that are the subject of the claims. 

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

commenced within three years after the later of—

‘‘(A) the date of the end of the last voyage for which the 

wages are claimed; or 

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

of a payment of wages that are the subject of the suit that is 

made in the ordinary course of employment.’’. 

(2) DEPOSITS.—Section 10315 of such title is amended by 

adding at the end the following: 

‘‘(f) DEPOSITS IN SEAMAN ACCOUNT.—By written request signed 

by the seaman, a seaman employed on a passenger vessel capable 

of carrying more than 500 passengers may authorize the master, 

owner, or operator of the vessel, or the employer of the seaman, to 

make deposits of wages of the seaman into a checking, savings, inVerDate Aug 31 2005 04:16 Apr 23, 2008 Jkt 069008 PO 00000 Frm 00046 Fmt 6659 Sfmt 6602 E:\HR\OC\HR604.XXX HR604

wwoods2 on PRODPC68 with REPORTS
47 

vestment, or retirement account, or other account to secure a payroll or debit card for the seaman if— ‘‘(1) the wages designated by the seaman for such deposit are 

deposited in a United States or international financial institution designated by the seaman; ‘‘(2) such deposits in the financial institution are fully guaranteed under commonly accepted international standards by 

the government of the country in which the financial institution is licensed; ‘‘(3) a written wage statement or pay stub, including an accounting of any direct deposit, is delivered to the seaman no 

less often than monthly; and ‘‘(4) while on board the vessel on which the seaman is employed, the seaman is able to arrange for withdrawal of all 

funds on deposit in the account in which the wages are deposited.’’. (b) COASTWISE VOYAGES.—

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

amended— (A) by striking ‘‘When’’ and inserting ‘‘(1) Subject to subsection (d), and except as provided in paragraph (2), 

when’’; and 

(B) by inserting at the end the following: ‘‘(2) The total amount required to be paid under paragraph (1) 

with respect to all claims in a class action suit by seamen on a passenger vessel capable of carrying more than 500 passengers for 

wages under this section against a vessel master, owner, or operator or the employer of the seamen shall not exceed ten times the 

unpaid wages that are the subject of the claims. ‘‘(3) A class action suit for wages under this subsection must be 

commenced within three years after the later of— ‘‘(A) the date of the end of the last voyage for which the 

wages are claimed; or ‘‘(B) the receipt, by a seaman who is a claimant in the suit, 

of a payment of wages that are the subject of the suit that is 

made in the ordinary course of employment.’’. 

(2) DEPOSITS.—Section 10504 of such title is amended by 

adding at the end the following: ‘‘(f) DEPOSITS IN SEAMAN ACCOUNT.—On written request signed 

by the seaman, a seaman employed on a passenger vessel capable 

of carrying more than 500 passengers may authorize, the master, 

owner, or operator of the vessel, or the employer of the seaman, to 

make deposits of wages of the seaman into a checking, savings, investment, or retirement account, or other account to secure a payroll or debit card for the seaman if— ‘‘(1) the wages designated by the seaman for such deposit are 

deposited in a United States or international financial institution designated by the seaman; ‘‘(2) such deposits in the financial institution are fully guaranteed under commonly accepted international standards by 

the government of the country in which the financial institution is licensed; 

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

less often than monthly; and 


wwoods2 on PRODPC68 with REPORTS
48 

‘‘(4) while on board the vessel on which the seaman is employed, the seaman is able to arrange for withdrawal of all 

funds on deposit in the account in which the wages are deposited.’’. 

SEC. 406. TECHNICAL CORRECTIONS. 

(a) COAST GUARD AND MARITIME TRANSPORTATION ACT OF

2006.—Effective with enactment of the Coast Guard and Maritime 

Transportation Act of 2006 (Public Law 109–241), such Act is 

amended— (1) in section 311(b) (120 Stat. 530) by inserting ‘‘paragraphs 

(1) and (2) of’’ before ‘‘section 8104(o)’’; 

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

2794(a)(2)’’ and inserting ‘‘33 U.S.C. 2704(a)(2)’’; 

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

second place it appears; 

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

United States’’ after ‘‘Revised Statutes’’; 

(5) in section 902(e) (120 Stat. 567) is amended— (A) by inserting ‘‘and’’ after the semicolon at the end of 

paragraph (1); 

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

(C) by redesignating paragraphs (3) and (4) as subparagraphs (C) and (D) of paragraph (2), respectively, and 

aligning the left margin of such subparagraphs with the 

left margin of subparagraph (A) of paragraph (2); 

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

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

(8) in section 902(h)(1) (120 Stat. 567)— (A) by striking ‘‘Bisti/De-Na-Zin’’ and all that follows 

through ‘‘Protection’’ and inserting ‘‘Omnibus Parks and 

Public Lands Management’’; and 

(B) by inserting a period after ‘‘Commandant of the 

Coast Guard’’; 

(9) in section 902(k) (120 Stat. 568) is amended— (A) by inserting ‘‘the Act of March 23, 1906, commonly 

known as’’ before ‘‘the General Bridge’’; 

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

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

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

after ‘‘Homeland Security’’. (b) TITLE 14.—(1) The analysis for chapter 7 of title 14, United 

States Code, is amended by adding a period at the end of the item 

relating to section 149. 

(2) The analysis for chapter 17 of title 14, United States Code, 

is amended by adding a period at the end of the item relating to 

section 677. 

(3) The analysis for chapter 9 of title 14, United States Code, is 

amended by adding a period at the end of the item relating to section 198. 

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

States Code, is amended by adding a period at the end of the item 

relating to section 8106. 


wwoods2 on PRODPC68 with REPORTS
49 

(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 


wwoods2 on PRODPC68 with REPORTS
50 

commerce for purposes of section 6(e) of Public Law 94–469 (15 

U.S.C. 2605(e)). 

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

the recipient of a conveyance under subsection (a) any excess 

equipment or parts from other decommissioned Coast Guard vessels for use to enhance the operability and function of the vessel 

conveyed under subsection (a) for purposes of a museum and historical display. 

SEC. 408. REPEAL OF REQUIREMENT OF LICENSE FOR EMPLOYMENT 

IN THE BUSINESS OF SALVAGING ON THE COAST OF 

FLORIDA. 

Chapter 801 of title 46, United States Code, is amended— (1) by striking section 80102; and 

(2) in the table of sections at the beginning of the chapter 

by striking the item relating to that section. 

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

JUPITER ISLAND, FLORIDA. 

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

(other than this section), the Town of Jupiter Island, Florida, shall 

have the right-of-first-refusal for an exchange of real property within the jurisdiction of the Town comprising Parcel #35–38–42–004– 000–02590–6 (Bon Air Beach lots 259 and 260 located at 83 North 

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

Beach lots 261 to 267), including any improvements thereon, for 

other real property of equal or greater value. 

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

Coast Guard may identify, describe, and determine the property referred to in subsection (a) that is subject to the right of the Town 

under that subsection. 

(c) LIMITATION.—The property referred to in subsection (a) may 

not be conveyed under that subsection until the Commandant of 

the Coast Guard determines that the property is not needed to 

carry out Coast Guard missions or functions. 

(d) REQUIRED USE.—

(1) IN GENERAL.—Except as provided in paragraph (2), any 

property conveyed under this section shall be used by the 

Town of Jupiter Island, Florida, solely for conservation of fish 

and wildlife habitat and other natural resources, including 

wetlands, beaches, and dunes, and as protection against damage from wind, tidal, and wave energy. 

(2) PUBLIC ACCESS.—The Town of Jupiter Island shall allow 

the public to have reasonable public access to the property conveyed under this section, for customary recreation use of the 

beach under a management program established by agreement 

between the Town of Jupiter Island, Florida, and Martin County, Florida. 

(e) REVERSION.—Any conveyance of property under this section 

shall be subject to the condition that all right, title, and interest 

in the property, at the option of the Commandant of the Coast 

Guard, shall revert to the United States Government if the property is used for purposes other than conservation and public access. 

(f) IMPLEMENTATION.—The Commandant of the Coast Guard 

shall upon request by the Town—

(1) promptly take those actions necessary to make property 

identified under subsection (b) and determined by the ComVerDate Aug 31 2005 04:16 Apr 23, 2008 Jkt 069008 PO 00000 Frm 00050 Fmt 6659 Sfmt 6602 E:\HR\OC\HR604.XXX HR604

wwoods2 on PRODPC68 with REPORTS
51 

mandant 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. 


wwoods2 on PRODPC68 with REPORTS
52 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Commandant may 

require such additional terms and conditions in connection with the 

conveyance required by subsection (a) as the Commandant considers appropriate to protect the interests of the United States. 

SEC. 411. DECOMMISSIONED COAST GUARD VESSELS FOR HAITI. 

(a) IN GENERAL.—Notwithstanding any other law, upon the 

scheduled decommissioning of any Coast Guard 41-foot patrol boat, 

the Commandant of the Coast Guard shall give the Government of 

Haiti a right-of-first-refusal for conveyance of that vessel to the 

Government of Haiti, if that Government of Haiti agrees—

(1) to use the vessel for the Coast Guard of Haiti; 

(2) to make the vessel available to the United States Government if needed for use by the Commandant in time of war or 

national emergency; 

(3) to hold the United States Government harmless for any 

claims arising from exposure to hazardous materials, including 

asbestos and polychlorinated biphenyls, after conveyance of the 

vessel, except for claims arising from the use by the United 

States Government under paragraph (2); and 

(4) to any other conditions the Commandant considers appropriate. 

(b) LIMITATION.—The Commandant may not convey more than 10 

vessels to the Government of Haiti pursuant to this section. 

(c) MAINTENANCE AND DELIVERY OF VESSEL.—

(1) MAINTENANCE.—Before conveyance of a vessel under this 

section, the Commandant shall make, to the extent practical 

and subject to other Coast Guard mission requirements, every 

effort to maintain the integrity of the vessel and its equipment 

until the time of delivery. 

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

the Commandant shall deliver a vessel to a suitable mooring 

in the local area in its present condition. 

(3) TREATMENT OF CONVEYANCE.—The conveyance of a vessel 

under this section shall not be considered a distribution in 

commerce for purposes of section 6(e) of Public Law 94–469 (15 

U.S.C. 2605(e)). 

SEC. 412. EXTENSION OF PERIOD OF OPERATION OF VESSEL FOR SETTING, RELOCATION, OR RECOVERY OF ANCHORS OR 

OTHER MOORING EQUIPMENT. 

Section 705(a)(2) of Public Law 109–347 (120 Stat. 1945) is 

amended by striking ‘‘2’’ and inserting ‘‘3’’. 

SEC. 413. VESSEL TRAFFIC RISK ASSESSMENTS. 

(a) REQUIREMENT.—The Commandant of the Coast Guard, acting 

through the appropriate Area Committee established under section 

311(j)(4) of the Federal Water Pollution Control Act, shall prepare 

a vessel traffic risk assessment—

(1) for Cook Inlet, Alaska, within one year after the date of 

enactment of this Act; and 

(2) for the Aleutian Islands, Alaska, within two years after 

the date of enactment of this Act. 

(b) CONTENTS.—Each of the assessments shall describe, for the 

region covered by the assessment— (1) the amount and character of present and estimated future shipping traffic in the region; and 


wwoods2 on PRODPC68 with REPORTS
53 

(2) the current and projected use and effectiveness in reducing risk, of—

(A) traffic separation schemes and routing measures; 

(B) long-range vessel tracking systems developed under 

section 70115 of title 46, United States Code; 

(C) towing, response, or escort tugs; 

(D) vessel traffic services; 

(E) emergency towing packages on vessels; 

(F) increased spill response equipment including equipment appropriate for severe weather and sea conditions; 

(G) the Automatic Identification System developed under 

section 70114 of title 46, United States Code; 

(H) particularly sensitive sea areas, areas to be avoided, 

and other traffic exclusion zones; 

(I) aids to navigation; and 

(J) vessel response plans. 

(c) RECOMMENDATIONS.—

(1) IN GENERAL.—Each of the assessments shall include any 

appropriate recommendations to enhance the safety, or lessen 

potential adverse environmental impacts, of marine shipping. 

(2) CONSULTATION.—Before making any recommendations 

under paragraph (1) for a region, the Area Committee shall 

consult with affected local, State, and Federal government 

agencies, representatives of the fishing industry, Alaska Natives from the region, the conservation community, and the 

merchant shipping and oil transportation industries. 

(d) PROVISION TO CONGRESS.—The Commandant shall provide a 

copy of each assessment to the Committee on Transportation and 

Infrastructure of the House of Representatives and the Committee 

on Commerce, Science, and Transportation of the Senate. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to the Commandant $1,800,000 for each of fiscal 

years 2008 and 2009 to the conduct the assessments. 

SEC. 414. VESSEL MARYLAND INDEPENDENCE. 

Notwithstanding sections 55101, 55103, and 12112 of title 46, 

United States Code, the Secretary of the department in which the 

Coast Guard is operating may issue a certificate of documentation 

with a coastwise endorsement for the vessel MARYLAND INDEPENDENCE (official number 662573). The coastwise endorsement 

issued under authority of this section is terminated if—

(1) the vessel, or controlling interest in the person that owns 

the vessel, is conveyed after the date of enactment of this Act; 

or 

(2) any repairs or alterations are made to the vessel outside 

of the United States. 

SEC. 415. STUDY OF RELOCATION OF COAST GUARD SECTOR BUFFALO 

FACILITIES. 

(a) PURPOSES.—The purposes of this section are— (1) to authorize a project study to evaluate the feasibility of 

consolidating and relocating Coast Guard facilities at Coast 

Guard Sector Buffalo within the study area; 

(2) to obtain a preliminary plan for the design, engineering, 

and construction for the consolidation of Coast Guard facilities 

at Sector Buffalo; and 


wwoods2 on PRODPC68 with REPORTS
54 

(3) to distinguish what Federal lands, if any, shall be identified as excess after the consolidation. 

(b) DEFINITIONS.—In this section: 

(1) COMMANDANT.—The term ‘‘Commandant’’ means the 

Commandant of the Coast Guard. 

(2) SECTOR BUFFALO.—The term ‘‘Sector Buffalo’’ means 

Coast Guard Sector Buffalo of the Ninth Coast Guard District. 

(3) STUDY AREA.—The term ‘‘study area’’ means the area consisting of approximately 31 acres of real property and any improvements thereon that are commonly identified as Coast 

Guard Sector Buffalo, located at 1 Fuhrmann Boulevard, Buffalo, New York, and under the administrative control of the 

Coast Guard. 

(c) STUDY.— (1) IN GENERAL.—Within 12 months after the date on which 

funds are first made available to carry out this section, the 

Commandant shall conduct a project proposal report of the 

study area and shall submit such report to the Committee on 

Commerce, Science, and Transportation of the Senate and the 

Committee on Transportation and Infrastructure of the House 

of Representatives. 

(2) REQUIREMENTS.—The project proposal report shall—

(A) evaluate the most cost-effective method for providing 

shore facilities to meet the operational requirements of 

Sector Buffalo; 

(B) determine the feasibility of consolidating and relocating shore facilities on a portion of the existing site, 

while—

(i) meeting the operational requirements of Sector 

Buffalo; and 

(ii) allowing the expansion of operational requirements of Sector Buffalo; and 

(C) contain a preliminary plan for the design, engineering, and construction of the proposed project, including— (i) the estimated cost of the design, engineering, and 

construction of the proposed project; 

(ii) an anticipated timeline of the proposed project; 

and 

(iii) a description of what Federal lands, if any, shall 

be considered excess to Coast Guard needs. 

(d) LIMITATION.—Nothing in this section shall affect the current 

administration and management of the study area. 

SEC. 416. CONVEYANCE OF COAST GUARD VESSEL TO COAHOMA 

COUNTY, MISSISSIPPI. 

(a) AUTHORITY TO CONVEY.—Notwithstanding the Federal Property and Administrative Services Act of 1949, the Commandant of 

the Coast Guard may convey to the Sheriff’s Department of 

Coahoma County, Mississippi (in this section referred to as the 

‘‘Sheriff’s Department’’), without consideration all right, title, and 

interest of the United States in and to a Coast Guard trailerable 

boat, ranging from 17 feet to 30 feet in size, that the Commandant 

determines—

(1) is appropriate for use by the Sheriff’s Department; and 

(2) is excess to the needs of the Coast Guard and the Department of Homeland Security. 


wwoods2 on PRODPC68 with REPORTS
55 

(b) CONDITION.—As a condition of conveying a vessel under the 

authority provided in subsection (a), the Commandant shall enter 

into an agreement with the Sheriff’s Department under which the 

Sheriff’s Department agrees—

(1) to utilize the vessel for homeland security and other appropriate purposes as jointly agreed upon by the Commandant 

and the Sheriff’s Department before conveyance; and 

(2) to take the vessel ‘‘as is’’ and to hold the United States 

harmless for any claim arising with respect to that vessel after 

conveyance of the vessel, including any claims arising from the 

condition of the vessel and its equipment or exposure to hazardous materials. 

(c) DELIVERY OF VESSEL.—The Commandant shall deliver the 

vessel conveyed under the authority provided in subsection (a)—

(1) at the place where the vessel is located on the date of the 

conveyance; 

(2) in its condition on the date of conveyance; and 

(3) without cost to the United States. 

(d) OTHER EXCESS EQUIPMENT.—The Commandant may further 

convey any excess equipment or parts from other Coast Guard vessels, which are excess to the needs of the Coast Guard and the Department of Homeland Security, to the Sheriff’s Department for use 

to enhance the operability of the vessel conveyed under the authority provided in subsection (a). 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Commandant may 

require such additional terms and conditions in connection with the 

conveyance authorized by subsection (a) as the Commandant considers appropriate to protect the interests of the United States. 

SEC. 417. CONVEYANCE OF COAST GUARD VESSEL TO WARREN COUNTY, MISSISSIPPI. 

(a) AUTHORITY TO CONVEY.—Notwithstanding the Federal Property and Administrative Services Act of 1949, the Commandant of 

the Coast Guard may convey to the Sheriff’s Office of Warren 

County, Mississippi (in this section referred to as the ‘‘Sheriff’s Office’’), without consideration all right, title, and interest of the 

United States in and to a Coast Guard trailerable boat, ranging 

from 17 feet to 30 feet in size, that the Commandant determines—

(1) is appropriate for use by the Sheriff’s Office; and 

(2) is excess to the needs of the Coast Guard and the Department of Homeland Security. 

(b) CONDITION.—As a condition of conveying a vessel under the 

authority provided in subsection (a), the Commandant shall enter 

into an agreement with the Sheriff’s Office under which the Sheriff’s Office agrees—

(1) to utilize the vessel for homeland security and other appropriate purposes as jointly agreed upon by the Commandant 

and the Sheriff’s Office before conveyance; and 

(2) to take the vessel ‘‘as is’’ and to hold the United States 

harmless for any claim arising with respect to that vessel after 

conveyance of the vessel, including any claims arising from the 

condition of the vessel and its equipment or exposure to hazardous materials. 

(c) DELIVERY OF VESSEL.—The Commandant shall deliver the 

vessel conveyed under the authority provided in subsection (a) 


wwoods2 on PRODPC68 with REPORTS
56 

(1) at the place where the vessel is located on the date of the 

conveyance; 

(2) in its condition on the date of conveyance; and 

(3) without cost to the United States. 

(d) OTHER EXCESS EQUIPMENT.—The Commandant may further 

convey any excess equipment or parts from other Coast Guard vessels, which are excess to the needs of the Coast Guard and the Department of Homeland Security, to the Sheriff’s Office for use to 

enhance the operability of the vessel conveyed under the authority 

provided in subsection (a). 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Commandant may 

require such additional terms and conditions in connection with the 

conveyance authorized by subsection (a) as the Commandant considers appropriate to protect the interests of the United States. 

SEC. 418. CONVEYANCE OF COAST GUARD VESSEL TO WASHINGTON 

COUNTY, MISSISSIPPI. 

(a) AUTHORITY TO CONVEY.—Notwithstanding the Federal Property and Administrative Services Act of 1949, the Commandant of 

the Coast Guard may convey to the Sheriff’s Office of Washington 

County, Mississippi (in this section referred to as the ‘‘Sheriff’s Office’’), without consideration all right, title, and interest of the 

United States in and to a Coast Guard trailerable boat, ranging 

from 17 feet to 30 feet in size, that the Commandant determines—

(1) is appropriate for use by the Sheriff’s Office; and 

(2) is excess to the needs of the Coast Guard and the Department of Homeland Security. 

(b) CONDITION.—As a condition of conveying a vessel under the 

authority provided in subsection (a), the Commandant shall enter 

into an agreement with the Sheriff’s Office under which the Sheriff’s Office agrees—

(1) to utilize the vessel for homeland security and other appropriate purposes as jointly agreed upon by the Commandant 

and the Sheriff’s Office before conveyance; and 

(2) to take the vessel ‘‘as is’’ and to hold the United States 

harmless for any claim arising with respect to that vessel after 

conveyance of the vessel, including any claims arising from the 

condition of the vessel and its equipment or exposure to hazardous materials. 

(c) DELIVERY OF VESSEL.—The Commandant shall deliver the 

vessel conveyed under the authority provided in subsection (a)—

(1) at the place where the vessel is located on the date of the 

conveyance; 

(2) in its condition on the date of conveyance; and 

(3) without cost to the United States. 

(d) OTHER EXCESS EQUIPMENT.—The Commandant may further 

convey any excess equipment or parts from other Coast Guard vessels, which are excess to the needs of the Coast Guard and the Department of Homeland Security, to the Sheriff’s Office for use to 

enhance the operability of the vessel conveyed under the authority 

provided in subsection (a). 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Commandant may 

require such additional terms and conditions in connection with the 

conveyance authorized by subsection (a) as the Commandant considers appropriate to protect the interests of the United States. 


wwoods2 on PRODPC68 with REPORTS
57 

SEC. 419. COAST GUARD ASSETS FOR UNITED STATES VIRGIN ISLANDS. 

(a) IN GENERAL.—The Secretary of Homeland Security may station additional Coast Guard assets in the United States Virgin Islands for port security and other associated purposes. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to the Secretary for fiscal year 2008 such sums as 

are necessary to carry out this section. 

SEC. 420. CONVEYANCE OF THE PRESQUE ISLE LIGHT STATION 

FRESNEL LENS TO PRESQUE ISLE TOWNSHIP, MICHIGAN. 

(a) CONVEYANCE OF LENS AUTHORIZED.—

(1) TRANSFER OF POSSESSION.—Notwithstanding any other 

provision of law, the Commandant of the Coast Guard may 

transfer to Presque Isle Township, a township in Presque Isle 

County in the State of Michigan (in this section referred to as 

the ‘‘Township’’), possession of the Historic Fresnel Lens (in 

this section referred to as the ‘‘Lens’’) from the Presque Isle 

Light Station Lighthouse, Michigan (in this section referred to 

as the ‘‘Lighthouse’’). 

(2) CONDITION.—As a condition of the transfer of possession 

authorized by paragraph (1), the Township shall, not later 

than one year after the date of transfer, install the Lens in the 

Lighthouse for the purpose of operating the Lens and Lighthouse as a Class I private aid to navigation pursuant to section 

85 of title 14, United States Code, and the applicable regulations under that section. 

(3) CONVEYANCE OF LENS.—Upon the certification of the 

Commandant that the Township has installed the Lens in the 

Lighthouse and is able to operate the Lens and Lighthouse as 

a private aid to navigation as required by paragraph (2), the 

Commandant shall convey to the Township all right, title, and 

interest of the United States in and to the Lens. 

(4) CESSATION OF UNITED STATES OPERATIONS OF AIDS TO

NAVIGATION AT LIGHTHOUSE.—Upon the making of the certification described in paragraph (3), all active Federal aids to 

navigation located at the Lighthouse shall cease to be operated 

and maintained by the United States. 

(b) REVERSION.—

(1) REVERSION FOR FAILURE OF AID TO NAVIGATION.—If the 

Township does not comply with the condition set forth in subsection (a)(2) within the time specified in that subsection, the 

Township shall, except as provided in paragraph (2), return the 

Lens to the Commandant at no cost to the United States and 

under such conditions as the Commandant may require. 

(2) EXCEPTION FOR HISTORICAL PRESERVATION.—Notwithstanding the lack of compliance of the Township as described 

in paragraph (1), the Township may retain possession of the 

Lens for installation as an artifact in, at, or near the Lighthouse upon the approval of the Commandant and under such 

conditions for the preservation and conservation of the Lens as 

the Commandant shall specify for purposes of this paragraph. 

Installation of the Lens under this paragraph shall occur, if at 

all, not later than two years after the date of the transfer of 

the Lens to the Township under subsection (a)(1). 


wwoods2 on PRODPC68 with REPORTS
58 

(3) REVERSION FOR FAILURE OF HISTORICAL PRESERVATION.— If retention of the Lens by the Township is authorized under 

paragraph (2) and the Township does not install the Lens in 

accordance with that paragraph within the time specified in 

that paragraph, the Township shall return the lens to the 

Coast Guard at no cost to the United States and under such 

conditions as the Commandant may require. 

(c) CONVEYANCE OF ADDITIONAL PERSONAL PROPERTY.— (1) TRANSFER AND CONVEYANCE OF PERSONAL PROPERTY.— Notwithstanding any other provision of law, the Commandant 

may transfer to the Township any additional personal property 

of the United States related to the Lens that the Commandant 

considers appropriate for conveyance under this section. If the 

Commandant conveys the Lens to the Township under subsection (a)(3), the Commandant may convey to the Township 

any personal property previously transferred to the Township 

under this subsection. 

(2) REVERSION.—If the Lens is returned to the Coast Guard 

pursuant to subsection (b), the Township shall return to the 

Coast Guard all personal property transferred or conveyed to 

the Township under this subsection except to the extent otherwise approved by the Commandant. 

(d) CONVEYANCE WITHOUT CONSIDERATION.—The conveyance of 

the Lens and any personal property under this section shall be 

without consideration. 

(e) DELIVERY OF PROPERTY.—The Commandant shall deliver 

property conveyed under this section— (1) at the place where such property is located on the date 

of the conveyance; 

(2) in its condition on the date of conveyance; and 

(3) without cost to the United States. 

(f) MAINTENANCE OF PROPERTY.—As a condition of the conveyance of any property to the Township under this section, the Commandant shall enter into an agreement with the Township under 

which the Township agrees— (1) to operate the Lens as a Class I private aid to navigation 

under section 85 of title 14, United States Code, and application regulations under that section; and 

(2) to hold the United States harmless for any claim arising 

with respect to personal property conveyed under this section. 

(g) LIMITATION ON FUTURE CONVEYANCE.—The instruments providing for the conveyance of property under this section shall—

(1) require that any further conveyance of an interest in such 

property may not be made without the advance approval of the 

Commandant; and 

(2) provide that, if the Commandant determines that an interest in such property was conveyed without such approval—

(A) all right, title, and interest in such property shall revert to the United States, and the United States shall have 

the right to immediate possession of such property; and 

(B) the recipient of such property shall pay the United 

States for costs incurred by the United States in recovering such property. 

(h) ADDITIONAL TERMS AND CONDITIONS.—The Commandant may 

require such additional terms and conditions in connection with the 


wwoods2 on PRODPC68 with REPORTS
59 

conveyances authorized by this section as the Commandant considers appropriate to protect the interests of the United States. 

SEC. 421. FISHING IN SOUTH PACIFIC TUNA TREATY CONVENTION 

AREA. 

Section 12113 of title 46, United States Code, is amended by adding at the end the following new subsection: ‘‘(j) A fishery endorsement is not required for a United Statesdocumented purse seine tuna fishing vessel home ported in American Samoa while fishing exclusively for highly migratory species 

under a license issued pursuant to the 1987 Treaty on Fisheries 

Between the Governments of Certain Pacific Island States and the 

Government of the United States of America in the treaty area or 

in any portion of the United States exclusive economic zone bordering the treaty area.’’. 

SEC. 422. ASSESSMENT OF NEEDS FOR ADDITIONAL COAST GUARD 

PRESENCE IN HIGH LATITUDE REGIONS. 

Within 270 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating 

shall submit a report to the Committee on Commerce, Science, and 

Transportation of the Senate and the Committee on Transportation 

and Infrastructure of the House of Representatives assessing the 

need for additional Coast Guard prevention and response capability 

in the high latitude regions. The assessment shall address needs 

for all Coast Guard mission areas, including search and rescue, 

marine pollution response and prevention, fisheries enforcement, 

and maritime commerce. The Secretary shall include in the report—(1) an assessment of the high latitude operating capabilities 

of all current Coast Guard assets, including assets acquired 

under the Deepwater program; 

(2) an assessment of projected needs for Coast Guard forward operating bases in the high latitude regions; 

(3) an assessment of shore infrastructure, personnel, logistics, communications, and resources requirements to support 

Coast Guard forward operating bases in the high latitude regions; 

(4) an assessment of the need for high latitude icebreaking 

capability and the capability of the current high latitude 

icebreaking assets of the Coast Guard, including— (A) whether the Coast Guard’s high latitude icebreaking 

fleet is meeting current mission performance goals; 

(B) whether the fleet is capable of meeting projected mission performance goals; and 

(C) an assessment of the material condition, safety, and 

working conditions aboard high latitude icebreaking assets, including the effect of those conditions on mission 

performance; 

(5) a detailed estimate of acquisition costs for each of the assets (including shore infrastructure) necessary for additional 

prevention and response capability in high latitude regions for 

all Coast Guard mission areas, and an estimate of operations 

and maintenance costs for such assets for the initial 10-year 

period of operations; and 

(6) detailed cost estimates (including operating and maintenance for a period of 10 years) for high latitude icebreaking caVerDate Aug 31 2005 04:16 Apr 23, 2008 Jkt 069008 PO 00000 Frm 00059 Fmt 6659 Sfmt 6602 E:\HR\OC\HR604.XXX HR604

wwoods2 on PRODPC68 with REPORTS
60 

pability to ensure current and projected future mission performance goals are met, including estimates of the costs to— (A) renovate and modernize the Coast Guard’s existing 

high latitude icebreaking fleet; and 

(B) replace the Coast Guard’s existing high latitude 

icebreaking fleet. 

SEC. 423. STUDY OF REGIONAL RESPONSE VESSEL AND SALVAGE CAPABILITY FOR OLYMPIC PENINSULA COAST, WASHINGTON. 

No later than 180 days after the date of enactment of this Act, 

the Secretary of the department in which the Coast Guard is operating shall study through the National Academy of Sciences the 

need for regional response vessel and salvage capability for the 

State of Washington Olympic Peninsula coast. In conducting the 

study, the National Academy of Sciences shall consult with Federal, State, and tribal officials and other relevant stakeholders. The 

study shall— (1) identify the capabilities, equipment, and facilities necessary for a response vessel in the entry to the Strait of Juan 

de Fuca at Neah Bay in order to optimize oil spill protection 

on Washington’s Olympic Peninsula coast and provide rescue 

towing services, oil spill response, and salvage and firefighting 

capabilities; 

(2) analyze the multimission capabilities necessary for a rescue vessel and the need for that vessel to utilize cached salvage, oil spill response, and oil storage equipment while responding to a spill or a vessel in distress, and make recommendations as to the placement of such equipment; 

(3) address scenarios that consider all vessel types and 

weather conditions and compare current Neah Bay rescue vessel capabilities, costs, and benefits with other United States industry-funded response vessels, including those currently operating in Alaska’s Prince William Sound; 

(4) determine whether the current level of protection afforded by the Neah Bay response vessel and associated response equipment is comparable to protection in other locations where response vessels operate, including Prince William 

Sound, Alaska, and if it is not comparable, make recommendations regarding how capabilities, equipment, and facilities 

should be modified to achieve optimum protection; and 

(5) consider pending firefighting and salvage regulations developed pursuant to the Oil Pollution Act of 1990. 

SEC. 424. REPORT ON PROJECTED WORKLOAD AT THE COAST GUARD 

YARD IN CURTIS BAY, MARYLAND. 

Within six months after the date of enactment of this Act, the 

Secretary of the department in which the Coast Guard is operating 

shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, a report detailing the projected workload for the current calendar year and each 

of the subsequent 5 calendar years at the Coast Guard Yard in 

Curtis Bay, Maryland, and the total full-time equivalents (FTE) to 

be supported by the account established under section 648 of title 

14, United States Code, (popularly known as the Yard Fund) in 

each such calendar year to meet that workload. The report shall—


wwoods2 on PRODPC68 with REPORTS
61 

(1) detail work projects to be undertaken during the current 

calendar year and during each of the next five calendar years 

as part of the Mission Effectiveness Program (MEP) and 

projects projected to be undertaken that are not associated 

with the MEP; 

(2) identify the number of regular full-time employees, term 

employees, and employees in any other classification that are 

projected to be employed in any capacity at the Yard in each 

such calendar year; 

(3) specify how many of the employees in any capacity that 

are expected to be employed at the Yard in each such year are 

expected to be uniformed members of the Coast Guard and 

how many are expected to be civilians; 

(4) identify how many employees in any capacity (whether 

uniformed or civilian) are projected to be assigned in each such 

calendar year to each of overhead positions, engineering positions, waterfront support positions, and waterfront trade positions to meet projected workloads in that year; 

(5) identify the amount of overtime in each of overhead positions, engineering positions, waterfront support positions, and 

waterfront trade positions position that will be required to 

meet the projected workload in each such calendar year; 

(6) identify the number of trades training students that are 

projected to be trained at the Yard in each such calendar year; 

and 

(7) address whether the FTE ceiling in place for the Yard is 

sufficient to allow all work projects scheduled for the current 

calendar year to be completed on schedule, and what level of 

FTE is likely to be required in each of the subsequent five calendar years to allow completion on schedule of the projected 

workload in each of those years. 

SEC. 425. STUDY OF BRIDGES OVER NAVIGABLE WATERS. 

The Secretary of Transportation shall submit to the Committee 

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

Committee on Transportation and Infrastructure of the House of 

Representatives a comprehensive study on the proposed construction or alteration of any bridge, drawbridge, or causeway over navigable waters with a channel depth of 25 feet or greater of the 

United States that may impede or obstruct future navigation to or 

from port facilities. 

SEC. 426. LIMITATION ON JURISDICTION OF STATES TO TAX CERTAIN 

SEAMEN. 

Section 11108(b)(2)(B) of title 46, United States Code, is amended 

to read as follows: 

‘‘(B) who performs regularly-assigned duties while engaged as a master, officer, or crewman on a vessel operating on navigable waters in 2 or more States.’’. 

SEC. 427. DECOMMISSIONED COAST GUARD VESSELS FOR BERMUDA. 

(a) IN GENERAL.—Notwithstanding any other law, upon the 

scheduled decommissioning of any Coast Guard 41-foot patrol boat 

and after the Government of Haiti has exercised all of their options 

under section 411, the Commandant of the Coast Guard shall give 

the Government of Bermuda a right-of-first-refusal for conveyance 


wwoods2 on PRODPC68 with REPORTS
62 

of that vessel to the Government of Bermuda, if that Government 

of Bermuda agrees—

(1) to use the vessel for the Coast Guard of Bermuda; 

(2) to make the vessel available to the United States Government if needed for use by the Commandant in time of war or 

national emergency; 

(3) to hold the United States Government harmless for any 

claims arising from exposure to hazardous materials, including 

asbestos and polychlorinated biphenyls, after conveyance of the 

vessel, except for claims arising from the use by the United 

States Government under paragraph (2); and 

(4) to any other conditions the Commandant considers appropriate. 

(b) LIMITATION.—The Commandant may not convey more than 3 

vessels to the Government of Bermuda pursuant to this section. 

(c) MAINTENANCE AND DELIVERY OF VESSEL.—

(1) MAINTENANCE.—Before conveyance of a vessel under this 

section, the Commandant shall make, to the extent practical 

and subject to other Coast Guard mission requirements, every 

effort to maintain the integrity of the vessel and its equipment 

until the time of delivery. 

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

the Commandant shall deliver a vessel to a suitable mooring 

in the local area in its present condition. 

(3) TREATMENT OF CONVEYANCE.—The conveyance of a vessel 

under this section shall not be considered a distribution in 

commerce for purposes of section 6(e) of Public Law 94–469 (15 

U.S.C. 2605(e)). 

SEC. 428. RECREATIONAL MARINE INDUSTRY. 

(a) EXCEPTION.—Section 2(3)(F) of the Longshore and Harbor 

Workers’ Compensation Act (33 U.S.C. 902(3)) is amended to read 

as follows: 

‘‘(F) individuals who—

‘‘(i) are employed to manufacture any recreational 

vessel under 165 feet in length; or 

‘‘(ii) are employed to repair any recreational vessel, 

or to dismantle any part of any recreational vessel in 

connection with repair of the vessel;’’. 

(b) RECREATIONAL ENDORSEMENT.—Section 12114 of title 46, 

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

‘‘(d) VESSELS MANUFACTURED BY CERTAIN INDIVIDUALS.—A vessel 

manufactured by individuals under the exception provided in section 2(3)(F) of the Longshore and Harbor Workers’ Compensation 

Act may only be issued a recreational vessel endorsement under 

this chapter, and that restriction shall be noted on the certification 

of documentation issued under section 12105.’’. 

SEC. 429. CONVEYANCE OF COAST GUARD VESSELS TO NASSAU COUNTY, NEW YORK. 

(a) AUTHORITY TO CONVEY.—Notwithstanding the Federal Property and Administrative Services Act of 1949, the Commandant of 

the Coast Guard may convey to the Police Department of Nassau 

County, New York (in this section referred to as the ‘‘Police Department’’), without consideration all right, title, and interest of the 


wwoods2 on PRODPC68 with REPORTS
63 

United States in and to two Coast Guard 41-foot patrol boats that 

the Commandant determines—

(1) is appropriate for use by the Police Department; and 

(2) is excess to the needs of the Coast Guard and the Department of Homeland Security. 

(b) CONDITION.—As a condition of conveying a vessel under the 

authority provided in subsection (a), the Commandant shall enter 

into an agreement with the Police Department under which the Police Department agrees—

(1) to utilize the vessel for homeland security and other appropriate purposes as jointly agreed upon by the Commandant 

and the Police Department before conveyance; and 

(2) to take the vessel ‘‘as is’’ and to hold the United States 

harmless for any claim arising with respect to that vessel after 

conveyance of the vessel, including any claims arising from the 

condition of the vessel and its equipment or exposure to hazardous materials. 

(c) DELIVERY OF VESSEL.—The Commandant shall deliver a vessel conveyed under the authority provided in subsection (a)—

(1) at the place where the vessel is located on the date of the 

conveyance; 

(2) in its condition on the date of conveyance; and 

(3) without cost to the United States. 

(d) OTHER EXCESS EQUIPMENT.—The Commandant may further 

convey any excess equipment or parts from other Coast Guard vessels, which are excess to the needs of the Coast Guard and the Department of Homeland Security, to the Police Department for use 

to enhance the operability of a vessel conveyed under the authority 

provided in subsection (a). 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Commandant may 

require such additional terms and conditions in connection with a 

conveyance authorized by subsection (a) as the Commandant considers appropriate to protect the interests of the United States. 

TITLE V—BALLAST WATER TREATMENT 

SEC. 501. SHORT TITLE. 

This title may be cited as the ‘‘Ballast Water Treatment Act of 

2008’’. 

SEC. 502. DECLARATION OF GOALS AND PURPOSES. 

Section 1002 of the Nonindigenous Aquatic Nuisance Prevention 

and Control Act of 1990 (16 U.S.C. 4701) is amended—

(1) by redesignating subsection (b) as subsection (c); 

(2) by inserting after subsection (a) the following: 

‘‘(b) DECLARATION OF GOALS AND PURPOSES.—The objective of 

this Act is to eliminate the threat and impacts of nonindigenous 

aquatic nuisance species in the waters of the United States. In 

order to achieve this objective, it is declared that, consistent with 

the provisions of this Act—

‘‘(1) it is the national goal that ballast water discharged into 

the waters of the United States will contain no living (viable) 

organisms by the year 2015; 


wwoods2 on PRODPC68 with REPORTS
64 

‘‘(2) it is the national policy that the introduction of nonindigenous aquatic nuisance species in the waters of the 

United States be prohibited; and 

‘‘(3) it is the national policy that Federal, State, and local 

governments and the private sector identify the most effective 

ways to coordinate prevention efforts, and harmonize environmentally sound methods to prevent, detect, monitor, and control nonindigenous aquatic nuisance species, in an expeditious 

manner.’’. 

(3) in subsection (c)(1) (as redesignated by paragraph (1) of 

this section)—

(A) by striking ‘‘prevent’’ and inserting ‘‘eliminate’’; and 

(B) by inserting ‘‘treatment’’ after ‘‘ballast water’’; 

(4) in subsection (c)(2) (as so redesignated)—

(A) by inserting ‘‘, detection, monitoring,’’ after ‘‘prevention’’; and 

(B) by striking ‘‘the zebra mussel and other’’; 

(5) in subsection (c)(3) (as so redesignated)—

(A) by inserting ‘‘detect,’’ after ‘‘prevent,’’; and 

(B) by striking ‘‘from pathways other than ballast water 

exchange’’; 

(6) in subsection (c)(4) (as so redesignated) by striking ‘‘, including the zebra mussel’’; and 

(7) in subsection (c)(5) (as so redesignated)—

(A) by inserting ‘‘prevention,’’ after ‘‘in the’’; 

(B) by inserting a comma after ‘‘management’’; and 

(C) by striking ‘‘zebra mussels’’ and inserting ‘‘aquatic 

nuisance species’’. 

SEC. 503. BALLAST WATER MANAGEMENT. 

(a) IN GENERAL.—Section 1101 of the Nonindigenous Aquatic 

Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711) is 

amended to read as follows: 

‘‘SEC. 1101. BALLAST WATER MANAGEMENT. 

‘‘(a) VESSELS TO WHICH THIS SECTION APPLIES.—

‘‘(1) IN GENERAL.—Except as provided in paragraphs (2), (3), 

(4), and (5), this section applies to a vessel that engages in the 

discharge of ballast water in waters subject to the jurisdiction 

of the United States that—

‘‘(A) is designed, constructed, or adapted to carry ballast 

water; and 

‘‘(B)(i) is a vessel of the United States; or 

‘‘(ii) is a foreign vessel that—

‘‘(I) is en route to a United States port or place; or 

‘‘(II) has departed from a United States port or place 

and is within waters subject to the jurisdiction of the 

United States. 

‘‘(2) PERMANENT BALLAST WATER VESSELS.—This section does 

not apply to a vessel that carries all of its permanent ballast 

water in sealed tanks that are not subject to discharge or a 

vessel that continuously takes on and discharges ballast water 

in a flow-through system. 

‘‘(3) ARMED FORCES VESSELS.—


wwoods2 on PRODPC68 with REPORTS
65 

‘‘(A) EXEMPTION.—Except as provided in subparagraph 

(B), this section does not apply to a vessel of the Armed 

Forces. ‘‘(B) BALLAST WATER MANAGEMENT PROGRAM.—The Secretary and the Secretary of Defense, after consultation 

with each other and with the Under Secretary and the 

heads of other appropriate Federal agencies as determined 

by the Secretary, shall implement a ballast water management program, including the issuance of standards for ballast water exchange and treatment and for sediment management, for vessels of the Armed Forces under their respective jurisdictions designed, constructed, or adapted to 

carry ballast water that are— ‘‘(i) consistent with the requirements of this section, 

including the deadlines established by this section; 

and ‘‘(ii) at least as stringent as the requirements issued 

for such vessels under section 312 of the Federal 

Water Pollution Control Act (33 U.S.C. 1322). ‘‘(4) SPECIAL RULE FOR SMALL RECREATIONAL VESSELS.—In 

applying this section to recreational vessels less than 50 meters in length that have a maximum ballast water capacity of 

8 cubic meters, the Secretary may issue alternative measures 

for managing ballast water in a manner that is consistent with 

the requirements of this section. 

‘‘(5) MARAD VESSELS.—Subsection (f) does not apply to any 

vessel in the National Defense Reserve Fleet that is scheduled 

to be disposed of through scrapping or sinking. ‘‘(b) UPTAKE AND DISCHARGE OF BALLAST WATER OR SEDIMENT.—

‘‘(1) PROHIBITION.—The operator of a vessel to which this section applies may not conduct the uptake or discharge of ballast 

water or sediment in waters subject to the jurisdiction of the 

United States except as provided in this section. ‘‘(2) EXCEPTIONS.—Paragraph (1) does not apply to the uptake or discharge of ballast water or sediment in the following 

circumstances: 

‘‘(A) The uptake or discharge is solely for the purpose 

of—

‘‘(i) ensuring the safety of the vessel in an emergency situation; or 

‘‘(ii) saving a life at sea. 

‘‘(B) The uptake or discharge is accidental and the result 

of damage to the vessel or its equipment and—

‘‘(i) all reasonable precautions to prevent or minimize ballast water and sediment discharge have been 

taken before and after the damage occurs, the discovery of the damage, and the discharge; and 

‘‘(ii) the owner or officer in charge of the vessel did 

not willfully or recklessly cause the damage. 

‘‘(C) The uptake or discharge is solely for the purpose of 

avoiding or minimizing the discharge from the vessel of 

pollution that would otherwise violate applicable Federal 

or State law. 

‘‘(D) The uptake or discharge of ballast water and sediment occurs at the same location where the whole of that 


wwoods2 on PRODPC68 with REPORTS
66 

ballast water and that sediment originated and there is no 

mixing with ballast water and sediment from another area 

that has not been managed in accordance with the requirements of this section. ‘‘(c) VESSEL BALLAST WATER MANAGEMENT PLAN.— ‘‘(1) IN GENERAL.—The operator of a vessel to which this section applies shall conduct all ballast water management operations of that vessel in accordance with a ballast water management plan designed to minimize the discharge of aquatic 

nuisance species that— ‘‘(A) meets the requirements prescribed by the Secretary 

by regulation; and ‘‘(B) is approved by the Secretary. ‘‘(2) APPROVAL CRITERIA.—

‘‘(A) IN GENERAL.—The Secretary may not approve a ballast water management plan unless the Secretary determines that the plan—

‘‘(i) describes in detail the actions to be taken to implement the ballast water management requirements 

established under this section; 

‘‘(ii) describes in detail the procedures to be used for 

disposal of sediment at sea and on shore in accordance 

with the requirements of this section; 

‘‘(iii) describes in detail safety procedures for the 

vessel and crew associated with ballast water management; 

‘‘(iv) designates the officer on board the vessel in 

charge of ensuring that the plan is properly implemented; 

‘‘(v) contains the reporting requirements for vessels 

established under this section and a copy of each form 

necessary to meet those requirements; and 

‘‘(vi) meets all other requirements prescribed by the 

Secretary. ‘‘(B) FOREIGN VESSELS.—The Secretary may approve a 

ballast water management plan for a foreign vessel on the 

basis of a certificate of compliance issued by the vessel’s 

country of registration if the government of that country 

requires the ballast water management plan for that vessel to include information comparable to the information 

required under regulations issued by the Secretary. ‘‘(3) COPY OF PLAN ON BOARD VESSEL.—The owner or operator 

of a vessel to which this section applies shall—

‘‘(A) maintain a copy of the vessel’s ballast water management plan on board at all times; and 

‘‘(B) keep the plan readily available for examination by 

the Secretary and the head of the appropriate agency of 

the State in which the vessel is located at all reasonable 

times. ‘‘(d) VESSEL BALLAST WATER RECORD BOOK.— ‘‘(1) IN GENERAL.—The owner or operator of a vessel to which 

this section applies shall maintain, in English on board the 

vessel, a ballast water record book in which each operation of 

the vessel involving ballast water or sediment discharge is recorded in accordance with regulations issued by the Secretary. 


wwoods2 on PRODPC68 with REPORTS
67 

‘‘(2) AVAILABILITY.—The ballast water record book—

‘‘(A) shall be kept readily available for examination by 

the Secretary and the head of the appropriate agency of 

the State in which the vessel is located at all reasonable 

times; and 

‘‘(B) notwithstanding paragraph (1), may be kept on the 

towing vessel in the case of an unmanned vessel under 

tow. 

‘‘(3) RETENTION PERIOD.—The ballast water record book shall 

be retained—

‘‘(A) on board the vessel for a period of 3 years after the 

date on which the last entry in the book is made; and 

‘‘(B) under the control of the vessel’s owner for an additional period of 3 years. 

‘‘(4) REGULATIONS.—In the regulations issued under this section, the Secretary shall require, at a minimum, that—

‘‘(A) each entry in the ballast water record book be 

signed and dated by the officer in charge of the ballast 

water operation recorded; 

‘‘(B) each completed page in the ballast water record 

book be signed and dated by the master of the vessel; and 

‘‘(C) at least monthly, the owner or operator of the vessel 

transmit such information to the Secretary regarding the 

ballast operations of the vessel as the Secretary may require. 

‘‘(5) ALTERNATIVE MEANS OF RECORDKEEPING.—The Secretary 

may provide, by regulation, for alternative methods of recordkeeping, including electronic recordkeeping, to comply with the 

requirements of this subsection. Any electronic recordkeeping 

method authorized by the Secretary shall support the inspection and enforcement provisions of this Act and shall comply 

with applicable standards of the National Institute of Standards and Technology and the Office of Management and Budget governing reliability, integrity, identity authentication, and 

nonrepudiation of stored electronic data. 

‘‘(e) BALLAST WATER EXCHANGE REQUIREMENTS.—

‘‘(1) IN GENERAL.—

‘‘(A) REQUIREMENT.—Until a vessel is required to conduct ballast water treatment in accordance with subsection 

(f), the operator of a vessel to which this section applies 

may not discharge ballast water in waters subject to the 

jurisdiction of the United States, except after—

‘‘(i) conducting ballast water exchange as required 

by this subsection, in accordance with regulations 

issued by the Secretary; 

‘‘(ii) using ballast water treatment technology that 

meets the performance standards of subsection (f); or 

‘‘(iii) using environmentally sound alternative ballast water treatment technology if the Secretary determines that such treatment technology is at least as effective as the ballast water exchange required by 

clause (i) in preventing and controlling the introduction of aquatic nuisance species. 


wwoods2 on PRODPC68 with REPORTS
68 

‘‘(B) BALLAST WATER REGULATIONS.—Ballast water exchange regulations developed under subparagraph (A)(i) 

shall contain— ‘‘(i) a provision for ballast water exchange that requires—

‘‘(I) at least 1 empty-and-refill cycle, outside the 

exclusive economic zone or in an alternative exchange area designated by the Secretary, of each 

ballast tank that contains ballast water to be discharged into waters of the United States; or ‘‘(II) for a case in which the master of a vessel 

determines that compliance with the requirement 

under subclause (I) is impracticable, a sufficient 

number of flow-through exchanges of ballast 

water, outside the exclusive economic zone or in 

an alternative exchange area designated by the 

Secretary, to achieve replacement of at least 95 

percent of ballast water in ballast tanks of the 

vessel, as determined by a certification dye study 

conducted or model developed by the Secretary 

and recorded in the ballast water management 

plan of the vessel pursuant to subsection 

(c)(2)(A)(i); and ‘‘(ii) if a ballast water exchange is not undertaken 

pursuant to subsection (h), a contingency procedure 

that requires the master of a vessel to use the best 

practicable technology or practice to treat ballast discharge. ‘‘(C) TECHNOLOGY EFFICACY.—For purposes of this paragraph, a ballast water treatment technology shall be considered to be at least as effective as the ballast water exchange required by clause (i) in preventing and controlling 

the introduction of aquatic nuisance species if preliminary 

experiments prior to installation of the technology aboard 

the vessel demonstrate that the technology meets the ballast water discharge standard provided under Regulation 

D–2 of the International Convention for the Control and 

Management of Ships’ Ballast Water and Sediments as 

signed on February 13, 2004. ‘‘(2) GUIDANCE; 5-YEAR USAGE.—

‘‘(A) GUIDANCE.—Not later than one year after the date 

of enactment of the Ballast Water Treatment Act of 2008, 

the Secretary shall develop and issue guidance on technology that may be used under paragraph (1)(A)(iii). 

‘‘(B) 5-YEAR USAGE.—The Secretary shall allow a vessel 

using environmentally-sound alternative ballast treatment 

technology under paragraph (1)(A)(iii) to continue to use 

that technology for 5 years after the date on which the environmentally-sound alternative ballast water treatment 

technology was first placed in service on the vessel or the 

date on which treatment requirements under subsection (f) 

become applicable, whichever is later. ‘‘(3) EXCHANGE AREAS.—

‘‘(A) VESSELS OUTSIDE THE UNITED STATES EEZ.—The operator of a vessel en route to a United States port or place 


wwoods2 on PRODPC68 with REPORTS
69 

from a port or place outside the waters subject to the jurisdiction of the United States shall conduct ballast water exchange—

‘‘(i) before arriving at a United States port or place; 

‘‘(ii) at least 200 nautical miles from the nearest 

point of land; and ‘‘(iii) in water at least 200 meters in depth. ‘‘(B) COASTAL VOYAGES.—The operator of a vessel originating from a port or place within the United States exclusive economic zone, or from a port within 200 nautical 

miles of the United States in Canada, Mexico, or other 

ports designated by the Secretary for purposes of this section, shall conduct ballast water exchange— ‘‘(i) at least 50 nautical miles from the nearest point 

of land; and ‘‘(ii) in water at least 200 meters in depth. ‘‘(4) SAFETY OR STABILITY EXCEPTION.—

‘‘(A) SECRETARIAL DETERMINATION.—Paragraph (3) does 

not apply to the discharge of ballast water if the Secretary 

determines that compliance with that paragraph would 

threaten the safety or stability of the vessel, its crew, or 

is passengers. ‘‘(B) MASTER OF THE VESSEL DETERMINATION.—Paragraph (3) does not apply to the discharge of ballast water 

if the master of a vessel determines that compliance with 

that paragraph would threaten the safety or stability of 

the vessel, its crew, or its passengers because of adverse 

weather, equipment failure, or any other relevant condition. ‘‘(C) NOTIFICATION REQUIRED.—Whenever the master of 

a vessel is unable to comply with the requirements of 

paragraph (3) because of a determination made under subparagraph (B), the master of the vessel shall— ‘‘(i) notify the Secretary as soon as practicable thereafter but no later than 24 hours after making that determination and shall ensure that the determination, 

the reasons for the determination, and the notice are 

recorded in the vessel’s ballast water record book; and ‘‘(ii) undertake ballast water exchange— ‘‘(I) in an alternative area that may be designated by the Secretary, after consultation with 

the Under Secretary, and other appropriate Federal agencies as determined by the Secretary, and 

representatives of States the waters of which may 

be affected by the discharge of ballast water; or ‘‘(II) in accordance with paragraph (6) if safety 

or stability concerns prevent undertaking ballast 

water exchange in the alternative area. ‘‘(D) REVIEW OF CIRCUMSTANCES.—If the master of a vessel conducts a ballast water discharge under the provisions 

of this paragraph, the Secretary shall review the circumstances to determine whether the discharge met the 

requirements of this paragraph. The review under this 

clause shall be in addition to any other enforcement authority of the Secretary. 


wwoods2 on PRODPC68 with REPORTS
70 

‘‘(5) DISCHARGE UNDER WAIVER.—

‘‘(A) SUBSTANTIAL BUSINESS HARDSHIP WAIVER.—If, because of the short length of a voyage, the operator of a vessel is unable to discharge ballast water in accordance with 

the requirements of paragraph (3)(B) without substantial 

business hardship, as determined under regulations issued 

by the Secretary, the operator may request a waiver from 

the Secretary and discharge the ballast water in accordance with paragraph (6). A request for a waiver under this 

subparagraph shall be submitted to the Secretary at such 

time and in such form and manner as the Secretary may 

require. 

‘‘(B) SUBSTANTIAL BUSINESS HARDSHIP.—For purposes of 

subparagraph (A), the factors taken into account in determining substantial business hardship shall include whether—

‘‘(i) compliance with the requirements of paragraph 

(3)(B) would require a sufficiently great change in 

routing or scheduling of service as to compromise the 

economic or commercial viability of the trade or business in which the vessel is operated; or 

‘‘(ii) it is reasonable to expect that the trade or business or service provided will be continued only if a 

waiver is granted under subparagraph (A). 

‘‘(6) PERMISSIBLE DISCHARGE.—

‘‘(A) IN GENERAL.—The discharge of ballast water shall 

be considered to be carried out in accordance with this 

paragraph if it is—

‘‘(i) in an area designated for that purpose by the 

Secretary, after consultation with the Under Secretary, the heads of other appropriate Federal agencies as determined by the Secretary, and representatives of any State that may be affected by discharge of 

ballast water in that area; or 

‘‘(ii) into a reception facility described in subsection 

(f)(2). 

‘‘(B) LIMITATION ON VOLUME.—The volume of any ballast 

water discharged under this paragraph may not exceed the 

volume necessary to ensure the safe operation of the vessel. 

‘‘(7) CERTAIN GEOGRAPHICALLY LIMITED ROUTES.—Notwithstanding paragraph (1), the operator of a vessel is not required 

to comply with the requirements of this subsection and subsection (h)(1)—

‘‘(A) if the vessel operates exclusively—

‘‘(i) within the Great Lakes ecosystem; or 

‘‘(ii) between or among the main group of the Hawaiian Islands; or 

‘‘(B) if the vessel operates exclusively within any area 

with respect to which the Secretary has determined, after 

consultation with the Under Secretary, the Administrator, 

and representatives of States the waters of which would be 

affected by the discharge of ballast water from the vessel, 

that the risk of introducing aquatic nuisance species 


wwoods2 on PRODPC68 with REPORTS
71 

through ballast water discharge in the areas in which the 

vessel operates is insignificant. ‘‘(8) NATIONAL MARINE SANCTUARIES AND OTHER PROHIBITED

AREAS.—

‘‘(A) IN GENERAL.—A vessel may not conduct ballast 

water exchange or discharge ballast water under this subsection—

‘‘(i) within a national marine sanctuary designated 

under the National Marine Sanctuaries Act (16 U.S.C. 

1431 et seq.); ‘‘(ii) a marine national monument designated under 

the Act of June 8, 1906 (chapter 3060; 16 U.S.C. 433 

et seq.), popularly known as the Antiquities Act of 

1906; ‘‘(iii) a national park; 

‘‘(iv) in waters that are approved by the Administrator as a nondischarge zone under section 312(n)(7) 

of the Federal Water Pollution Control Act (33 U.S.C. 

1322(n)(7)); or ‘‘(v) in any other waters designated by the Secretary, 

in consultation with the Under Secretary and the Administrator. ‘‘(B) ADDITIONAL AREAS.—The Secretary shall, after consultation with the Under Secretary, the Administrator, 

and other appropriate Federal and State agencies, as determined by the Secretary, and opportunity for public comment, establish criteria for designating additional areas in 

which, due to their sensitive ecological nature, restrictions 

on the discharge of vessel ballast water or sediment containing aquatic nuisance species are warranted. ‘‘(C) STATE WATERS.—The Governor of any State may 

submit a written petition to the Secretary to designate an 

area of State waters that meets the criteria established 

under subparagraph (B) of this paragraph. The petition 

shall include a detailed analysis as to how the area proposed to be designated meets those criteria. An area may 

not be designated under this paragraph until the Secretary 

determines, based on evidence provided by the Governor, 

that adequate alternative areas or reception facilities for 

discharging ballast water or sediment are available. Within 180 days after receiving such a petition, the Secretary 

shall—

‘‘(i) make a determination as to whether the proposal meets the requirements of this paragraph for 

designation; and 

‘‘(ii) either—

‘‘(I) publish a written notice of the petition and 

the proposed restrictions in the Federal Register; 

or 

‘‘(II) notify the Governor in writing that the 

area proposed for designation does not qualify for 

designation under this paragraph and include in 

the notice a detailed explanation of why the area 

does not qualify for designation under this paragraph. 


wwoods2 on PRODPC68 with REPORTS
72 

‘‘(D) PROCEDURE; DEADLINE.—Before designating any 

area in response to a petition under subparagraph (C), the 

Secretary, after providing an opportunity for public comment, shall publish notice in the Federal Register of the 

proposed designation. The Secretary and the Under Secretary shall make such information available through 

other appropriate mechanisms, including a notice to mariners and inclusion on nautical charts. 

‘‘(E) EFFECT ON STATE LAW.—Nothing in this paragraph 

supersedes any State law in effect as of January 1, 2007, 

that restricts the discharge of ballast water or sediment in 

State waters and requires such discharges to be made into 

reception facilities. 

‘‘(9) VESSELS WITHOUT PUMPABLE BALLAST WATER OR WITH NO

BALLAST ON BOARD.—Not later than 180 days after the date of 

enactment of the Ballast Water Treatment Act of 2008, the 

Secretary shall promulgate regulations to minimize the discharge of invasive species from vessels entering a United 

States port or place from outside the United States exclusive 

economic zone that do not exchange their ballast water pursuant to paragraph (1)(A)(iii) of this subsection and claim no ballast on board, or that claim to be carrying only unpumpable 

quantities of ballast, including, at a minimum, a requirement 

that—

‘‘(A) such a ship shall conduct saltwater flushing of ballast water tanks—

‘‘(i) outside the exclusive economic zone; or 

‘‘(ii) at a designated alternative exchange site; and 

‘‘(B) before being allowed entry into the Great Lakes beyond the St. Lawrence Seaway, the master of such a vessel 

shall certify that the vessel has complied with each applicable requirement under this subsection. 

‘‘(f) BALLAST WATER TREATMENT REQUIREMENTS.—

‘‘(1) PERFORMANCE STANDARDS.—A vessel to which this section applies shall conduct ballast water treatment in accordance with the requirements of this subsection before discharging ballast water in waters subject to the jurisdiction of 

the United States so that the ballast water discharged will contain—

‘‘(A) less than 1 living organism per 10 cubic meters that 

is 50 or more micrometers in minimum dimension; 

‘‘(B) less than 1 living organism per 10 milliliters that is 

less than 50 micrometers in minimum dimension and more 

than 10 micrometers in minimum dimension; 

‘‘(C) concentrations of indicator microbes that are less 

than—

‘‘(i) 1 colony-forming unit of toxicogenic Vibrio cholera (serotypes O1 and O139) per 100 milliliters or less 

than 1 colony-forming unit of that microbe per gram 

of wet weight of zoological samples; 

‘‘(ii) 126 colony-forming units of escherichia coli per 

100 milliliters; and 

‘‘(iii) 33 colony-forming units of intestinal enterococci 

per 100 milliliters; and 


wwoods2 on PRODPC68 with REPORTS
73 

‘‘(D) concentrations of such additional indicator microbes 

and of viruses as may be specified in regulations issued by 

the Secretary and the Administrator, after consultation 

with other appropriate Federal agencies as determined by 

the Secretary and the Administrator, that are less than 

the amount specified in those regulations. 

‘‘(2) RECEPTION FACILITY EXCEPTION.—

‘‘(A) IN GENERAL.—Paragraph (1) does not apply to a vessel that discharges ballast water into—

‘‘(i) a land-based facility for the reception of ballast 

water that meets standards issued by the Administrator; or 

‘‘(ii) a water-based facility for the reception of ballast 

water that meets standards issued by the Secretary. 

‘‘(B) ISSUANCE OF STANDARDS.—Not later than one year 

after the date of enactment of the Ballast Water Treatment Act of 2008, the Secretary, in consultation with the 

heads of other appropriate Federal agencies as determined 

by the Secretary, shall issue standards for—

‘‘(i) the reception of ballast water in land-based and 

water-based reception facilities; and 

‘‘(ii) the disposal or treatment of such ballast water 

in a way that does not impair or damage the environment, human health, property, or resources. 

‘‘(3) TREATMENT SYSTEM IMPLEMENTATION.—

‘‘(A) IMO STANDARD IMPLEMENTATION.—A vessel to 

which this section applies shall have a ballast water treatment system that meets the standards provided under 

Regulation D–2 of the International Convention for the 

Control and Management of Ships’ Ballast Water and 

Sediments as signed on February 13, 2004, beginning on 

the date of the first drydocking of the vessel after December 31, 2008. 

‘‘(B) UNITED STATES STANDARD IMPLEMENTATION.—Paragraph (1) applies to a vessel to which this section applies 

beginning on the date of the first drydocking of the vessel 

after December 31, 2011, but not later than December 31, 

2013. 

‘‘(C) PERIOD FOR USE OF EQUIPMENT.—The Secretary 

shall allow a vessel using a treatment system installed 

under this subsection to continue to use that system for 10 

years after the date on which that system was first placed 

in service on the vessel. 

‘‘(4) TREATMENT SYSTEM APPROVAL REQUIRED.—The operator 

of a vessel to which this section applies may not use a ballast 

water treatment system to comply with the requirements of 

this subsection unless the system is approved by the Secretary. 

The Secretary, in consultation with the Administrator, shall 

issue regulations establishing a process for such approval, after 

consultation with the heads of other appropriate Federal agencies as determined by the Secretary. 

‘‘(5) RELIANCE ON CERTAIN REPORTS, DOCUMENTS, AND

RECORDS.—In approving a ballast water treatment system 

under this subsection, the Secretary may rely on reports, docuVerDate Aug 31 2005 04:16 Apr 23, 2008 Jkt 069008 PO 00000 Frm 00073 Fmt 6659 Sfmt 6602 E:\HR\OC\HR604.XXX HR604

wwoods2 on PRODPC68 with REPORTS
74 

ments, and records of persons that meet such requirements as 

the Secretary may prescribe. ‘‘(6) FEASIBILITY REVIEW.— ‘‘(A) IN GENERAL.—Not less than 2 years before January 

1, 2012, the Secretary, in consultation with the Administrator, shall complete a review to determine whether appropriate technologies are available to achieve the performance standards set forth in paragraph (1). In reviewing the technologies the Secretary, the Administrator, and 

the heads of other appropriate Federal agencies as determined by the Secretary, shall consider— ‘‘(i) the effectiveness of a technology in achieving the 

standards; ‘‘(ii) feasibility in terms of compatibility with ship 

design and operations; ‘‘(iii) safety considerations; 

‘‘(iv) whether a technology has an adverse impact on 

the environment; and ‘‘(v) cost effectiveness. ‘‘(B) DELAY IN SCHEDULED APPLICATION.—If the Secretary, in consultation with the Administrator, determines, 

on the basis of the review conducted under subparagraph 

(A), and after an opportunity for a public hearing, that 

technology that complies with the standards set forth in 

paragraph (1) in accordance with the schedule set forth in 

paragraph (3) is not available for any class of vessels, the 

Secretary shall require use of technology that achieves the 

performance levels of the best performing technology available. If the Secretary finds that no technology is available 

that will achieve the standards set forth in paragraph (1), 

then the Secretary shall—

‘‘(i) extend the date on which that paragraph applies 

to vessels for a period of not more than 24 months; 

and ‘‘(ii) recommend action to ensure that compliance 

with the extended date schedule for that subparagraph is achieved. ‘‘(C) MORE PROTECTIVE STANDARDS; EARLIER IMPLEMEN- TATION.—

‘‘(i) PERFORMANCE STANDARDS.—If the Secretary and 

the Administrator determine that ballast water treatment technology exists that exceeds the performance 

standards required under paragraph (1), the Secretary 

and the Administrator shall, for any class of vessels, 

revise the performance standards to incorporate the 

higher performance standards. 

‘‘(ii) IMPLEMENTATION.—If the Secretary and the Administrator determine that technology that achieves 

the applicable performance standards required under 

paragraph (1) can be implemented earlier than required by this subsection, the Secretary and the Administrator shall, for any class of vessels, accelerate 

the implementation schedule under paragraph (3). If 

the Secretary and the Administrator accelerate the implementation schedule pursuant to this clause, the 


wwoods2 on PRODPC68 with REPORTS
75 

Secretary and the Administrator shall provide at least 

24 months notice before such accelerated implementation goes into effect. ‘‘(iii) DETERMINATIONS NOT MUTUALLY EXCLUSIVE.— The Secretary and the Administrator shall take action 

under both clause (i) and clause (ii) if the Secretary 

and the Administrator make determinations under 

both clauses. ‘‘(7) DELAY OF APPLICATION FOR VESSEL PARTICIPATING IN

PROMISING TECHNOLOGY EVALUATIONS.— ‘‘(A) IN GENERAL.—If a vessel participates in a program, 

including the Shipboard Technology Evaluation Program 

established under section 1104, using a technology approved by the Secretary to test and evaluate promising 

ballast water treatment technologies that are likely to result in treatment technologies achieving a standard that is 

the same as or more stringent than the standard that applies under paragraph (1) before the first date on which 

paragraph (1) applies to that vessel, the Secretary shall 

allow the vessel to use that technology for a 10-year period 

and such vessel shall be deemed to be in compliance with 

the requirements of paragraph (1) during that 10-year period. ‘‘(B) VESSEL DIVERSITY.—The Secretary— ‘‘(i) shall seek to ensure that a wide variety of vessel 

types and voyages are included in the program; but ‘‘(ii) may not grant a delay under this paragraph to 

more than 5 percent of the vessels to which this section applies. ‘‘(C) TERMINATION OF GRACE PERIOD.—The Secretary 

may terminate the 10-year grace period of a vessel under 

subparagraph (A) if—

‘‘(i) the participation of the vessel in the program is 

terminated without the consent of the Secretary; ‘‘(ii) the vessel does not comply with manufacturer’s 

standards for operating the ballast water treatment 

technology used on such vessel; or ‘‘(iii) the Secretary determines that the approved 

technology is insufficiently effective or is causing harm 

to the environment. ‘‘(8) REVIEW OF STANDARDS.—

‘‘(A) IN GENERAL.—In December 2012 and every third 

year thereafter, the Administrator and the Secretary shall 

complete review of ballast water treatment standards in 

effect under this subsection to determine, after consultation with the heads of other appropriate Federal agencies 

determined by the Administrator and the Secretary, if the 

standards under this subsection should be revised to reduce the amount of organisms or microbes allowed to be 

discharged, taking into account improvements in the scientific understanding of biological processes leading to the 

spread of aquatic nuisance species and improvements in 

ballast water treatment technology. The Administrator 

and the Secretary shall revise, by regulation, the requirements of this subsection as necessary. 


wwoods2 on PRODPC68 with REPORTS
76 

‘‘(B) APPLICATION OF ADJUSTED STANDARDS.—In the regulations, the Secretary and the Administrator shall provide 

for the prospective application of the adjusted standards 

issued under this paragraph to vessels constructed after 

the date on which the adjusted standards apply and for an 

orderly phase-in of the adjusted standards to existing vessels. 

‘‘(9) HIGH-RISK VOYAGES.—

‘‘(A) VESSEL LIST.—Not later than one year after the 

date of enactment of the Ballast Water Treatment Act of 

2008, the Secretary shall publish and regularly update a 

list of vessels, not equipped with ballast water equipment 

under this section, identified by the States that, due to factors such as the origin of their voyages, the frequency of 

their voyages, the volume of ballast water they carry, the 

biological makeup of the ballast water, and the fact that 

they frequently discharge ballast water under an exception 

to subsection (e), pose a high risk of introducing aquatic 

nuisance species into the waters of those States. 

‘‘(B) INCENTIVE PROGRAMS.—The Secretary shall give priority to vessels on the list for participation in a program 

described in paragraph (7). Any Federal agency, and any 

State agency with respect to vessels identified by such 

State to the Secretary for inclusion on a list under subparagraph (A), may develop and implement technology development programs or other incentives (whether positive 

or negative) in order to encourage the adoption of ballast 

water treatment technology by those vessels consistent 

with the requirements of this section on an expedited 

basis. 

‘‘(10) NONAPPLICABILITY OF VESSELS OPERATING EXCLUSIVELY

IN DETERMINED AREA.—

‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(D), paragraph (1) does not apply to a vessel that operates 

exclusively within a geographically limited area if the Secretary and the Administrator have determined through a 

rulemaking proceeding, after consultation with the heads 

of other appropriate Federal agencies as determined by the 

Secretary and the Administrator, and representatives of 

States the waters of which could be affected by the discharge of ballast water from the vessel, that the risk of introducing aquatic nuisance species through ballast water 

discharge from the vessel is insignificant. 

‘‘(B) CERTAIN VESSELS.—A vessel constructed before January 1, 2001, that operates exclusively within the Great 

Lakes ecosystem shall be presumed not to pose a significant risk of introducing aquatic nuisance species unless 

the Secretary and the Administrator find otherwise in a 

rulemaking proceeding under subparagraph (A). 

‘‘(C) BEST PRACTICES.—The Secretary and the Administrator shall develop, and require a vessel exempted from 

complying with the requirements of paragraph (1) under 

this paragraph to follow, best practices to minimize the 

spreading of aquatic nuisance species in its operation area. 


wwoods2 on PRODPC68 with REPORTS
77 

The best practices shall be developed in consultation with 

the Governors of States that may be affected. 

‘‘(D) STOPPING THE SPREAD OF INFECTIOUS DISEASE.—The 

Secretary, at the request of the Secretary of Agriculture, 

shall require a vessel to which paragraph (1) does not 

apply in accordance with subparagraph (A) to have a ballast water treatment system approved by the Secretary 

under this subsection to stop the spread of infectious diseases to plants and animals as otherwise authorized by 

law. 

‘‘(11) TESTING PROTOCOLS AND LABORATORIES.—

‘‘(A) IN GENERAL.—The Secretary and the Administrator, 

shall, no later than 90 days after the date of enactment of 

the Ballast Water Treatment Act of 2008 and without regard to chapter 5 of title 5, United States Code, issue interim protocols for verifying the performance of ballast 

water treatment technologies required by this Act, criteria 

for certifying laboratories to evaluate such technologies, 

and procedures for approving treatment equipment and 

systems for shipboard use. 

‘‘(B) PROTOCOLS AND PROCEDURES FOR TREATMENT TECHNOLOGIES.—In developing protocols and procedures for 

verifying and approving treatment technologies, the Secretary and the Administrator, shall consider using existing 

protocols and procedures including methods used as part of 

the Ballast Water Management Demonstration Program 

by the Environmental Protection Agency as a part of its 

Environmental Testing & Verification Program, or by the 

Secretary as part of the Coast Guard’s Shipboard Technology Evaluation Program. 

‘‘(C) LABORATORIES.—The Secretary and the Administrator shall utilize Federal or non-Federal laboratories 

that meet standards established by the Secretary for the 

purpose of evaluating and certifying ballast water treatment technologies and equipment under this subsection. 

‘‘(D) REQUIREMENTS; UPDATES.—The Secretary and the 

Administrator shall periodically review and, if necessary, 

revise the criteria, protocols, and procedures developed 

under this paragraph. 

‘‘(12) PROGRAM TO SUPPORT THE PROMULGATION AND IMPLEMENTATION OF STANDARDS.—

‘‘(A) IN GENERAL.—The Secretary and the Administrator, 

in coordination with the Under Secretary, the Task Force 

and other appropriate Federal agencies, shall carry out a 

coordinated program to support the promulgation and implementation of standards under this subsection to prevent 

the introduction and spread of aquatic invasive species by 

vessels. The program established under this section shall, 

at a minimum—

‘‘(i) characterize physical, chemical, and biological 

harbor conditions relevant to ballast discharge into 

United States waters to inform the design and implementation of ship vector control technologies and practices; 


wwoods2 on PRODPC68 with REPORTS
78 

‘‘(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. 


wwoods2 on PRODPC68 with REPORTS
79 

‘‘(B) EXISTING VESSELS.—A vessel to which this section 

applies that was constructed before January 1, 2009, shall 

be modified, to the extent practicable, at the first 

drydocking of the vessel after December 31 2008, but not 

later than December 31, 2013, to achieve the objectives described in subparagraph (A). 

‘‘(C) REGULATIONS.—The Secretary shall issue regulations establishing design and construction standards to 

achieve the objectives of subparagraph (A) and providing 

guidance for modifications and practices under subparagraph (B). The Secretary shall incorporate the standards 

and guidance in the regulations governing the ballast 

water management plan approved under subsection (c). 

‘‘(3) SEDIMENT RECEPTION FACILITIES.—

‘‘(A) STANDARDS.—The Secretary, in consultation with 

the heads of other appropriate Federal agencies as determined by the Secretary, shall issue regulations governing 

facilities for the reception of vessel sediment from spaces 

designed to carry ballast water that provide for the disposal of such sediment in a way that does not impair or 

damage the environment, human health, or property or resources of the disposal area. 

‘‘(B) DESIGNATION.—The Secretary, in consultation with 

the heads of other appropriate Federal agencies as determined by the Secretary shall designate facilities for the reception of vessel sediment that meet the requirements of 

the regulations issued under subparagraph (A) at ports 

and terminals where ballast tanks are cleaned or repaired. 

‘‘(i) EXAMINATIONS AND CERTIFICATIONS.—

‘‘(1) INITIAL EXAMINATION.—

‘‘(A) IN GENERAL.—The Secretary shall examine vessels 

to which this section applies to determine whether—

‘‘(i) there is a ballast water management plan for 

the vessel that is approved by the Secretary and a ballast water record book on the vessel that meets the requirements of subsection (d); 

‘‘(ii) the equipment used for ballast water and sediment management in accordance with the requirements of this section and the regulations issued under 

this section is installed and functioning properly. 

‘‘(B) NEW VESSELS.—For vessels constructed on or after 

January 1, 2009, the Secretary shall conduct the examination required by subparagraph (A) before the vessel is 

placed in service. 

‘‘(C) EXISTING VESSELS.—For vessels constructed before 

January 1, 2009, the Secretary shall—

‘‘(i) conduct the examination required by subparagraph (A) before the date on which subsection (f)(1) 

applies to the vessel according to the schedule in subsection (f)(3); and 

‘‘(ii) inspect the vessel’s ballast water record book required by subsection (d). 

‘‘(D) FOREIGN VESSEL.—In the case of a foreign vessel, 

the Secretary shall perform the examination required by 


wwoods2 on PRODPC68 with REPORTS
80 

this paragraph the first time the vessel enters a United 

States port. ‘‘(2) SUBSEQUENT EXAMINATIONS.—In addition to the examination required by paragraph (1), the Secretary shall annually 

examine vessels to which this section applies, to ensure compliance with the requirements of this section and the regulations 

issued under this section. ‘‘(3) INSPECTION AUTHORITY.— ‘‘(A) IN GENERAL.—The Secretary may carry out inspections of any vessel to which this section applies at any 

time, including the taking of ballast water samples, to ensure compliance with this section. The Secretary shall use 

all appropriate and practical measures of detection and environmental monitoring such vessels and shall establish 

adequate procedures for reporting violations of this section 

and accumulating evidence regarding such violations. ‘‘(B) INVESTIGATIONS.—

‘‘(i) IN GENERAL.—Upon receipt of evidence that a 

violation of this section or a regulation issued under 

this section has occurred, the Secretary shall cause the 

matter to be investigated. ‘‘(ii) ISSUANCE OF SUBPOENAS.—In an investigation 

under this subparagraph, the Secretary may issue 

subpoenas to require the attendance of any witness 

and the production of documents and other evidence. ‘‘(iii) COMPELLING COMPLIANCE WITH SUBPOENAS.—In 

case of refusal to obey a subpoena issued under this 

subparagraph, the Secretary may request the Attorney 

General to invoke the aid of the appropriate district 

court of the United States to compel compliance. ‘‘(4) STATE PROGRAMS.— ‘‘(A) SUBMISSION TO SECRETARY.—At any time after the 

date of issuance of ballast water treatment regulations 

issued under this section, the Governor of each State desiring to administer its own inspection and enforcement authority for ballast water discharges within its jurisdiction 

may submit to the Secretary a complete description of the 

program the Governor proposes to establish and administer under State law. In addition, the Governor shall submit a statement from the attorney general that the laws 

of such State provide adequate authority to carry out the 

described program. ‘‘(B) APPROVAL.—The Secretary shall approve a program 

submitted under subparagraph (A), unless the Secretary 

determines that adequate resources do not exist or, in the 

case of ballast water testing, that adequate scientific expertise does not exist—

‘‘(i) to inspect, monitor, and board any vessel to 

which this section applies at any time, including the 

taking and testing of ballast water samples, to ensure 

the vessel’s compliance with this section; ‘‘(ii) to ensure that any ballast water discharged 

within the waters subject to the jurisdiction of the 

State meet the ballast water requirements of this section and the regulations issued under this section, inVerDate Aug 31 2005 04:16 Apr 23, 2008 Jkt 069008 PO 00000 Frm 00080 Fmt 6659 Sfmt 6602 E:\HR\OC\HR604.XXX HR604

wwoods2 on PRODPC68 with REPORTS
81 

cluding any revisions to such requirements and regulations; 

‘‘(iii) to establish adequate procedures for reporting 

violations of this section; 

‘‘(iv) to investigate and abate violations of this section, including civil and criminal penalties and other 

ways and means of enforcement; and 

‘‘(v) to ensure that the Secretary receives notice of 

each violation of the ballast water treatment requirements issued under this section in an expeditious 

manner. 

‘‘(C) COMPLIANCE.—Any State program approved under 

this paragraph shall at all times be conducted in accordance with this section and regulations issued under this 

section. 

‘‘(D) WITHDRAWAL OF APPROVAL.—Whenever the Secretary determines, after public hearing, that a State is not 

administering a program approved under this paragraph 

in accordance with this section and regulations issued 

under this section, the Secretary shall notify the State 

and, if appropriate corrective action is not taken within a 

reasonable period of time not to exceed 90 days, the Secretary shall withdraw approval of the program. The Secretary shall not withdraw approval of any program unless 

the Secretary shall first have notified the State, and made 

public, in writing, the reasons for such withdrawal. 

‘‘(E) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing 

in this paragraph shall limit the authority of the Secretary 

carry out inspections and investigations of any vessels 

under paragraph (3). 

‘‘(5) REQUIRED CERTIFICATE.—If, on the basis of an initial examination under paragraph (1), the Secretary finds that a vessel complies with the requirements of this section and the regulations issued under this section, the Secretary shall issue a 

certificate under this paragraph as evidence of such compliance. The certificate shall be valid for a period of not more 

than 5 years, as specified by the Secretary. The certificate or 

a true copy shall be maintained on board the vessel. 

‘‘(6) NOTIFICATION OF VIOLATIONS.—If the Secretary finds, on 

the basis of an examination under paragraph (1) or (2), investigation under paragraph (3), or any other information, that a 

vessel is being operated in violation of any requirement of this 

section or regulation issued under this section, the Secretary 

shall—

‘‘(A) notify, in writing—

‘‘(i) the master of the vessel; and 

‘‘(ii) the captain of the port at the vessel’s next port 

of call; 

‘‘(B) remove from the vessel the certificate issued under 

paragraph (5); 

‘‘(C) take such other action as may be appropriate. 

‘‘(7) COMPLIANCE MONITORING.—

‘‘(A) IN GENERAL.—The Secretary shall establish, by regulation, sampling and other procedures to monitor compliVerDate Aug 31 2005 04:16 Apr 23, 2008 Jkt 069008 PO 00000 Frm 00081 Fmt 6659 Sfmt 6602 E:\HR\OC\HR604.XXX HR604

wwoods2 on PRODPC68 with REPORTS
82 

ance with the requirements of this section and the regulations issued under this section. 

‘‘(B) USE OF MARKERS.—The Secretary may verify compliance with the discharge requirements of subsection (f) 

and the regulations issued under this section with respect 

to such requirements through identification of markers associated with a treatment technology’s effectiveness, such 

as the presence of indicators associated with a certified 

treatment technology. 

‘‘(8) EDUCATION AND TECHNICAL ASSISTANCE PROGRAMS.—The 

Secretary may carry out education and technical assistance 

programs and other measures to promote compliance with the 

requirements of this section and the regulations issued under 

this section. 

‘‘(9) REPORT.—Beginning 1 year after final regulations have 

been adopted pursuant to this section after the enactment of 

the Ballast Water Treatment Act of 2008, and annually thereafter, the Secretary shall prepare a report summarizing the results of ballast water inspection and enforcement activities. 

The report shall, at a minimum, include information on the 

number of vessels inspected and the type of inspections, the 

status of implementation of treatment technologies, the number of exemptions claimed from ballast water exchange requirements, the number of violations, a summary of enforcement and regulatory actions, and overall compliance statistics. 

The report shall be made available on the National Ballast Information Clearinghouse established under section 1102(f). 

‘‘(j) DETENTION OF VESSELS.—The Secretary, by notice to the 

owner, charterer, managing operator, agent, master, or other individual in charge of a vessel, may detain that vessel if the Secretary 

has reasonable cause to believe that—

‘‘(1) the vessel is a vessel to which this section applies; and 

‘‘(2) the vessel does not comply with any requirement of this 

section or regulation issued under this section or is being operated in violation of such a requirement or regulation. 

‘‘(k) SANCTIONS.—

‘‘(1) CIVIL PENALTIES.—Any person who violates this section 

(including a regulation issued under this section) shall be liable for a civil penalty in an amount not to exceed $32,500. 

Each day of a continuing violation constitutes a separate violation. A vessel operated in violation of this section (including a 

regulation issued under this section) is liable in rem for any 

civil penalty assessed under this subsection for that violation. 

‘‘(2) CRIMINAL PENALTIES.—Whoever knowingly violates this 

section (including a regulation issued under this section) shall 

be fined under title 18, United States, or imprisoned not more 

than 12 years, or both. 

‘‘(3) REVOCATION OF CLEARANCE.—Except as provided in subsection (j)(2), upon request of the Secretary, the Secretary of 

the Treasury shall withhold or revoke the clearance of a vessel 

required by section 60105 of title 46, United States Code, if the 

owner or operator of that vessel is in violation of this section 

or a regulation issued under this section. 

‘‘(l) ENFORCEMENT.—


wwoods2 on PRODPC68 with REPORTS
83 

‘‘(1) ADMINISTRATIVE ACTIONS.—If the Secretary finds, after 

notice and an opportunity for a hearing, that a person has violated this section or a regulation issued under this section, the 

Secretary may assess a civil penalty for that violation. In determining the amount of the civil penalty, the Secretary shall 

take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the 

violator, the degree of culpability, any history of prior violations, and such other matters as justice may require. ‘‘(2) CIVIL ACTIONS.—At the request of the Secretary, the Attorney General may bring a civil action in an appropriate district court of the United States to enforce this section or any 

regulation issued under this section. Any court before which 

such an action is brought may award appropriate relief, including temporary or permanent injunctions and civil penalties. ‘‘(m) CONSULTATION WITH CANADA, MEXICO, AND OTHER FOREIGN

GOVERNMENTS.—In developing the guidelines and regulations to be 

issued under this section, the Secretary is encouraged to consult 

with the Government of Canada, the Government of Mexico and 

any other government of a foreign country that the Secretary, after 

consultation with the Task Force, determines to be necessary to develop and implement an effective international program for preventing the unintentional introduction and spread of aquatic nuisance species through ballast water. 

‘‘(n) INTERNATIONAL COOPERATION.—The Secretary, in cooperation with the Under Secretary, the Secretary of State, the Administrator, the heads of other relevant Federal agencies, the International Maritime Organization of the United Nations, and the 

Commission on Environmental Cooperation established pursuant to 

the North American Free Trade Agreement, is encouraged to enter 

into negotiations with the governments of foreign countries to develop and implement an effective international program for preventing the unintentional introduction and spread of aquatic 

invasive species. The Secretary is particularly encouraged to seek 

bilateral or multilateral agreements with Canada, Mexico, and 

other nations in the Wider Caribbean Region (as defined in the 

Convention for the Protection and Development of the Marine Environment of the Wider Caribbean, signed at Cartagena on March 

24, 1983 (TIAF 11085), to carry out the objectives of this section. 

‘‘(o) NONDISCRIMINATION.—The Secretary shall ensure that foreign vessels do not receive more favorable treatment than vessels 

of the United States when the Secretary performs studies, reviews 

compliance, determines effectiveness, establishes requirements, or 

performs any other responsibilities under this Act. 

‘‘(p) CONSULTATION WITH TASK FORCE.—The Secretary shall consult with the Task Force in carrying out this section. 

‘‘(q) PREEMPTION.—

‘‘(1) IN GENERAL.—Except as provided in subsection (i)(4) and 

paragraph (4) of this subsection but notwithstanding any other 

provision of law, the provisions of subsections (e) and (f) supersede any provision of State or local law that is inconsistent 

with the requirements of those subsections or that conflicts 

with the requirements of those subsections. 

‘‘(2) GREATER PENALTIES OR FEES.—For purpose of paragraph 

(1), the imposition by State or local law of greater penalties or 


wwoods2 on PRODPC68 with REPORTS
84 

fees for acts or omissions that are violations of such law and 

also violations of this Act or the imposition by a State of incentives under subsection (f)(9)(B) shall not be considered to be inconsistent, or to conflict, with the requirements of subsections 

(e) and (f). ‘‘(3) RECEPTION FACILITIES.—The standards issued by the 

Secretary or the heads of other appropriate Federal agencies 

under subsection (f)(2) do not supersede any more stringent 

standard under any otherwise applicable Federal, State, or 

local law. ‘‘(4) LIMITATION ON APPLICATION.—Until January 1, 2012, 

this subsection does not apply to a State law requiring ballast 

water treatment and any regulations prescribed under that 

law as those laws and regulations were in effect on January 1, 

2007. ‘‘(r) LEGAL ACTIONS.—

‘‘(1) CIVIL ACTION.—Any person may petition the Secretary to 

bring a civil action in an appropriate district court of the 

United States to enforce this section, or any regulation promulgated hereunder. Within 90 days after receiving such a petition, the Secretary shall—

‘‘(A) respond to the person filing the petition with a determination of whether a violation of this section, or any 

regulation promulgated hereunder, has occurred or is occurring; and 

‘‘(B) if the Secretary determines that a violation of this 

section, or any regulation promulgated hereunder, has occurred or is occurring—

‘‘(i) immediately bring a civil action in an appropriate district court of the United States to enforce 

this section, or any regulation promulgated hereunder; 

or 

‘‘(ii) demonstrate that the violation has ceased. ‘‘(2) RELIEF.—Any court before which such an action is 

brought may award appropriate relief, including temporary or 

permanent injunctive relief and civil penalties. 

‘‘(s) COAST GUARD REPORT ON OTHER SOURCES OF VESSEL- BOURNE NUISANCE SPECIES.— ‘‘(1) IN GENERAL.— ‘‘(A) HULL-FOULING AND OTHER VESSEL SOURCES.—Not 

later than 180 days after the date of enactment of the Ballast Water Treatment Act of 2008, the Secretary shall 

transmit a report to the Committee on Commerce, Science, 

and Transportation of the Senate and the Committee on 

Transportation and Infrastructure of the House of Representatives on vessel-related pathways of harmful aquatic 

organisms and pathogens other than ballast water and 

sediment, including vessel hulls and equipment, and from 

vessels equipped with ballast tanks that carry no ballast 

water on board. ‘‘(B) BEST PRACTICES.— ‘‘(i) IN GENERAL.—As soon as practicable, the Secretary shall develop best practices standards and procedures designed to reduce the introduction and 

spread of invasive species into and within the United 


wwoods2 on PRODPC68 with REPORTS
85 

States from vessels and establish a timeframe for implementation of those standards and procedures by 

vessels. Such standards and procedures shall include 

designation of geographical locations for uptake and 

discharge of untreated ballast water, as well as standards and procedure for other vessel pathways of aquatic invasive species. ‘‘(ii) REPORT.—The Secretary shall transmit a report 

to the committees referred to in subparagraph (A) describing the standards and procedures developed 

under this subparagraph and the implementation 

timeframe, together with such recommendations as 

the Secretary determines appropriate. ‘‘(iii) REGULATIONS.—The Secretary may issue regulations to incorporate and enforce standards and procedures developed under this paragraph. 

‘‘(2) TRANSITING VESSELS.—Not later than 180 days after the 

date of enactment of the Ballast Water Treatment Act of 2008, 

the Secretary shall transmit a report to the Committee on 

Commerce, Science, and Transportation of the Senate and the 

Committee on Transportation and Infrastructure of the House 

of Representatives containing—

‘‘(A) an assessment of the magnitude and potential adverse impacts of ballast water operations from foreign vessels designed, adapted, or constructed to carry ballast 

water that are transiting waters subject to the jurisdiction 

of the United States; and 

‘‘(B) recommendations, including legislative recommendations if appropriate, of options for addressing ballast water operations of those vessels.’’. 

(b) DEFINITIONS.—Section 1003 of the Nonindigenous Aquatic 

Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702) is 

amended— (1) by redesignating—

(A) paragraphs (1), (2), and (3) as paragraphs (2), (3), 

and (4), respectively; 

(B) paragraphs (4), (5), and (6) as paragraphs (8), (9), 

and (10), respectively; 

(C) paragraphs (7), (8), (9), and (10) as paragraphs (12), 

(13), (14), and (15), respectively; 

(D) paragraphs (11) and (12) as paragraphs (17) and 

(18), respectively; 

(E) paragraphs (13), (14), and (15) as paragraphs (20), 

(21), and (22), respectively; 

(F) paragraph (16) as paragraph (27); and 

(G) paragraph (17) as paragraph (23); 

(2) by moving paragraph (23), as so redesignated, after paragraph (22), as so redesignated; 

(3) by inserting before paragraph (2), as so redesignated, the 

following: 

‘‘(1) ‘Administrator’ means the Administrator of the Environmental Protection Agency;’’; 

(4) by striking paragraph (4), as so redesignated, and inserting the following: 

‘‘(4) ‘ballast water’ means—


wwoods2 on PRODPC68 with REPORTS
86 

‘‘(A) water taken on board a vessel to control trim, list, 

draught, stability, or stresses of the vessel, including matter suspended in such water; or 

‘‘(B) any water placed into a ballast tank during cleaning, maintenance, or other operations;’’; 

(5) by inserting after paragraph (4), as so redesignated and 

amended, the following: 

‘‘(5) ‘ballast water capacity’ means the total volumetric capacity of any tanks, spaces, or compartments on a vessel that 

is used for carrying, loading, or discharging ballast water, including any multi-use tank, space, or compartment designed to 

allow carriage of ballast water; 

‘‘(6) ‘ballast water management’ means mechanical, physical, 

chemical, and biological processes used, either singularly or in 

combination, to remove, render harmless, or avoid the uptake 

or discharge of harmful aquatic organisms and pathogens within ballast water and sediment; 

‘‘(7) ‘constructed’ means a state of construction of a vessel at 

which—

‘‘(A) the keel is laid; 

‘‘(B) construction identifiable with the specific vessel begins; 

‘‘(C) assembly of the vessel has begun comprising at 

least 50 tons or 1 percent of the estimated mass of all 

structural material of the vessel, whichever is less; or 

‘‘(D) the vessel undergoes a major conversion;’’; 

(6) by inserting after paragraph (10), as so redesignated, the 

following: 

‘‘(11) ‘foreign vessel’ has the meaning such term has under 

section 110 of title 46, United States Code;’’; 

(7) by inserting after paragraph (15), as so redesignated, the 

following: 

‘‘(16) ‘major conversion’ means a conversion of a vessel, 

that—

‘‘(A) changes its ballast water carrying capacity by at 

least 15 percent; 

‘‘(B) changes the vessel class; 

‘‘(C) is projected to prolong the vessel’s life by at least 10 

years (as determined by the Secretary); or 

‘‘(D) results in modifications to the vessel’s ballast water 

system, except—

‘‘(i) component replacement-in-kind; or 

‘‘(ii) conversion of a vessel to meet the requirements 

of section 1101(e);’’; 

(8) by inserting after paragraph (18), as so redesignated, the 

following: 

‘‘(19) ‘sediment’ means matter that has settled out of ballast 

water within a vessel;’’; 

(9) in paragraph (12), as so redesignated, by striking the period at the end and inserting a semicolon; 

(10) by inserting after paragraph (23), as so redesignated 

and moved, the following: 

‘‘(24) ‘United States port’ means a port, river, harbor, or offshore terminal under the jurisdiction of the United States, inVerDate Aug 31 2005 04:16 Apr 23, 2008 Jkt 069008 PO 00000 Frm 00086 Fmt 6659 Sfmt 6602 E:\HR\OC\HR604.XXX HR604

wwoods2 on PRODPC68 with REPORTS
87 

cluding ports located in Puerto Rico, Guam, and the United 

States Virgin Islands; 

‘‘(25) ‘vessel of the Armed Forces’ means—

‘‘(A) any vessel owned or operated by the Department of 

Defense, other than a time or voyage chartered vessel; and 

‘‘(B) any vessel owned or operated by the Department of 

Homeland Security that is designated by the Secretary as 

a vessel equivalent to a vessel described in subparagraph 

(A); 

‘‘(26) ‘vessel of the United States’ has the meaning such term 

has under section 116 of title 46, United States Code;’’; and 

(11) in paragraph (23), as so redesignated, by striking the period at the end and inserting ‘‘;’’. 

(c) REPEAL OF SECTION 1103.—Section 1103 of the Nonindigenous 

Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 

4713) is repealed. 

(d) INTERIM FINAL RULE.—The Secretary shall issue an interim 

final rule as a temporary regulation implementing the amendments 

made by this section as soon as practicable after the date of enactment of this section, without regard to the provisions of chapter 5 

of title 5, United States Code. All regulations issued under the authority of this subsection that are not earlier superseded by final 

regulations shall expire not later than one year after the date of 

enactment of this Act. 

SEC. 504. NATIONAL BALLAST WATER MANAGEMENT INFORMATION. 

Section 1102 (16 U.S.C. 4712) is amended—

(1) by adding at the end the following: 

‘‘(g) BALLAST WATER SURVEYS.—

‘‘(1) IN GENERAL.—The Secretary shall conduct the following 

ballast water surveys: 

‘‘(A) A survey of the number of living organisms in untreated ballast water of a representative number of vessels, as determined by the Secretary. 

‘‘(B) A survey of the number of living organisms in the 

ballast water of a representative number of vessels, as determined by the Secretary, that has been exchanged on the 

high seas. 

‘‘(C) Surveys of the number of living organisms in the 

ballast water of vessels that are participating in a program 

to test and evaluate promising ballast water treatment, as 

approved by the Secretary. 

‘‘(2) REPORTS.—The Secretary shall submit to the Committee 

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

Transportation of the Senate—

‘‘(A) a report on the results of the surveys under subparagraphs (A) and (B) of paragraph (1) by not later than 

18 months after the date of enactment of the Ballast 

Water Treatment Act of 2008; and 

‘‘(B) a report on the results of the surveys required 

under subparagraph (C) of paragraph (1) upon completion 

of each demonstration concerned.’’; 

(2) in subsection (b)(1)(B)(ii), by striking ‘‘guidelines issued 

and’’; 


wwoods2 on PRODPC68 with REPORTS
88 

(3) in subsection (b)(2)(B)(ii), by striking ‘‘voluntary guidelines issued, and regulations promulgated,’’ and inserting ‘‘regulations promulgated’’; 

(4) in subsection (c)(1), by striking ‘‘section 1101(b)’’ and inserting ‘‘section 1101(a)’’; and 

(5) in subsection (f)(1)(B), by striking ‘‘guidelines issued pursuant to section 1101(c)’’ and inserting ‘‘regulations issued pursuant to section 1101’’. 

SEC. 505. BALLAST WATER MANAGEMENT EVALUATION AND DEMONSTRATION PROGRAM. 

Section 1104 (16 U.S.C. 4714) is amended— (1) by striking the section heading and inserting the following: 

‘‘SEC. 1104. BALLAST WATER TREATMENT TECHNOLOGY EVALUATION 

AND DEMONSTRATION PROGRAMS.’’; 

(2) by striking subsection (a); 

(3) by redesignating subsection (b) as subsection (a); 

(4) by redesignating subsection (c) as subsection (d); 

(5) in subsection (a), as so redesignated— (A) by striking so much as precedes paragraph (2) and 

inserting the following: ‘‘(a) SHIPBOARD TECHNOLOGY EVALUATION PROGRAM.— ‘‘(1) IN GENERAL.—The Secretary shall establish a Shipboard 

Technology Evaluation Program to evaluate ballast water 

treatment technologies aboard vessels to prevent aquatic nuisance species from being introduced into and spread through 

discharges of ballast water in waters of the United States.’’; 

and 

(B) in paragraph (2) by striking ‘‘of the technologies and 

practices used in the demonstration program’’ and inserting ‘‘of ballast water treatment technologies used in the 

program’’; 

(6) in subsection (a)(3), as so redesignated, by striking ‘‘technologies and practices’’ and all that follows through ‘‘shall—’’

and inserting ‘‘ballast water treatment technologies on vessels 

under this subsection, the Secretary shall—’’; 

(7) in subsection (a)(3)(A), as so redesignated, by striking 

clause (i) and redesignating clauses (ii) and (iii) in order as 

clauses (i) and (ii); 

(8) by amending subsection (a)(3)(A)(i), as so redesignated, to 

read as follows: ‘‘(i) have ballast water systems conducive to testing 

aboard the vessel; and’’; 

(9) by amending subsection (a)(3)(C), as so redesignated, to 

read as follows: ‘‘(C) seek to use a variety of vessel types.’’; 

(10) by amending subsection (a)(4), as so redesignated, to 

read as follows: ‘‘(4) SELECTION OF BALLAST WATER TREATMENT TECHNOLOGIES.—In order for a ballast water treatment technology 

to be eligible to be installed on vessels for evaluation under 

this section, such technology must be, at a minimum—

‘‘(A) determined by the Secretary to have the demonstrated potential to reduce the number of organisms 

greater than or equal to 50 microns in minimum dimenVerDate Aug 31 2005 04:16 Apr 23, 2008 Jkt 069008 PO 00000 Frm 00088 Fmt 6659 Sfmt 6602 E:\HR\OC\HR604.XXX HR604

wwoods2 on PRODPC68 with REPORTS
89 

sion in discharged ballast water to fewer than 10 living organisms per cubic meter of water; 

‘‘(B) cost-effective; 

‘‘(C) environmentally sound; 

‘‘(D) operationally practical; 

‘‘(E) able to be retrofitted on existing vessels or incorporated in new vessel design (or both); 

‘‘(F) safe for a vessel and crew; and 

‘‘(G) accessible to monitoring.’’; 

(11) in subsection (a), as so redesignated, by adding at the 

end the following: 

‘‘(6) AUTHORITY OF SECRETARY TO REVIEW AND REVISE CRITERIA.—The Secretary may review and revise the criteria described in paragraph (4)(A) to require ballast water treatment 

technologies to meet a more stringent ballast water discharge 

standard, including standards promulgated under section 

1101(f), before being eligible for installation aboard vessels 

under the program.’’; 

(12) by inserting after subsection (a), as so redesignated, the 

following: 

‘‘(b) SHIPBOARD TECHNOLOGY DEMONSTRATION PROGRAM.—

‘‘(1) IN GENERAL.—The Under Secretary, with the concurrence of and in cooperation with the Secretary, shall conduct 

a program to demonstrate ballast water treatment technologies 

evaluated aboard vessels under subsection (a) to prevent 

aquatic nuisance species from being introduced into and spread 

through ballast water in waters of the United States. 

‘‘(2) LOCATION.—The installation and construction of ballast 

water treatment technologies used in the demonstration program under this subsection shall be performed in the United 

States. 

‘‘(3) VESSEL ELIGIBILITY.—Vessels eligible to participate in 

the demonstration program under this subsection shall consist 

only of vessels that have been accepted into and are actively 

participating in the Shipboard Technology Evaluation Program 

under subsection (a). 

‘‘(4) GRANTS.—

‘‘(A) IN GENERAL.—The Under Secretary shall establish 

a grant program to provide funding for acquiring, installing, and operating ballast water treatment technologies 

aboard vessels participating in the program under this 

subsection. 

‘‘(B) MATCHING REQUIREMENTS.—The amount of Federal 

funds used for any demonstration project under this subsection—

‘‘(i) shall not exceed $1,000,000; and 

‘‘(ii) shall not exceed 50 percent of the total cost of 

such project. 

‘‘(c) ALTERNATIVE SHIP PATHWAY PROGRAM.—

‘‘(1) IN GENERAL.—The Under Secretary, with the concurrence of and in cooperation with the Secretary, shall conduct 

a program to demonstrate and verify technologies and practices 

to monitor and control the introduction of aquatic invasive species by ship pathways other than the release of ballast water. 


wwoods2 on PRODPC68 with REPORTS
90 

‘‘(2) SELECTION OF METHODS.—The Under Secretary may not 

select technologies and practices for demonstration or 

verification under paragraph (1) unless such technologies and 

practices, in the determination of the Under Secretary, in consultation with the Secretary, meet the criteria outlined in subparagraphs (B) through (G) of subsection (a)(4). 

‘‘(3) LOCATION.—The installation and construction of technologies and practices for demonstration and verification under 

this subsection shall be performed in the United States.’’; and 

(13) in subsection (d), as so redesignated, by striking ‘‘Secretary of the Interior’’ each place it appears and inserting ‘‘Secretary, in consultation with the Under Secretary,’’. 

SEC. 506. RAPID RESPONSE PLAN. 

Subtitle C of title I of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721 et seq.) is amended by adding at the end the following: 

‘‘SEC. 1210. RAPID RESPONSE PLAN. 

‘‘(a) PREPARATION BY PRESIDENT.—The President shall prepare 

and publish a national rapid response plan for killing, removing, or 

minimizing the spread of aquatic nuisance species in the waters of 

the United States in accordance with this section. 

‘‘(b) CONTENTS.—The national rapid response plan shall provide 

for efficient, coordinated, and effective action to minimize damage 

from aquatic nuisance species in the navigable waters of the 

United States, including killing, containing, and removal of the 

aquatic nuisance species, and shall include the following: 

‘‘(1) Assignment of duties and responsibilities among Federal 

departments and agencies in coordination with State and local 

agencies and port authorities and private entities. 

‘‘(2) Identification, procurement, maintenance, and storage of 

equipment and supplies needed to facilitate the killing, containment, and removal of aquatic nuisance species under this 

section. 

‘‘(3) Establishment or designation by the President of Federal aquatic nuisance species response teams, consisting of—

‘‘(A) personnel who shall be trained and prepared by the 

President and shall be available to provide necessary services to carry out the national rapid response plan; 

‘‘(B) adequate equipment and material needed to facilitate the killing, containment, and removal of aquatic nuisance species under this section; and 

‘‘(C) a detailed plans to kill, contain, and remove aquatic 

nuisance species, including measures to protect fisheries 

and wildlife. 

‘‘(4) A system of surveillance and notice designed to safeguard against, as well as ensure earliest possible notice of, the 

introduction of aquatic nuisance species and imminent threats 

of such introduction to the appropriate State and Federal agencies. 

‘‘(5) Establishment by the President of a national center to 

provide coordination and direction for operations in carrying 

out the plan. 


wwoods2 on PRODPC68 with REPORTS
91 

‘‘(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; 


wwoods2 on PRODPC68 with REPORTS
92 

‘‘(7) $500,000 to the Secretary for each of fiscal years 2008 

through 2013 to carry out section 1102(f); 

‘‘(8) $6,000,000 to the Under Secretary for each of fiscal 

years 2008 through 2013 to carry out paragraph (4) of section 

1104(b); and 

‘‘(9) $1,500,000 to the Under Secretary for each of fiscal 

years 2008 through 2013 to carry out section 1104(c).’’. 

TITLE VI—MARITIME POLLUTION 

PREVENTION 

SEC. 601. SHORT TITLE. 

This title may be cited as the ‘‘Maritime Pollution Prevention Act 

of 2008’’. 

SEC. 602. REFERENCES. 

Wherever in this title an amendment or repeal is expressed in 

terms of an amendment to or a repeal of a section or other provision, the reference shall be considered to be made to a section or 

other provision of the Act to Prevent Pollution from Ships (33 

U.S.C. 1901 et seq.). 

SEC. 603. DEFINITIONS. 

Section 2(a) (33 U.S.C. 1901(a)) is amended—

(1) by redesignating the paragraphs (1) through (12) as paragraphs (2) through (13), respectively; 

(2) by inserting before paragraph (2) (as so redesignated) the 

following: 

‘‘(1) ‘Administrator’ means the Administrator of the Environmental Protection Agency.’’; 

(3) in paragraph (5) (as so redesignated) by striking ‘‘and V’’

and inserting ‘‘V, and VI’’; 

(4) in paragraph (6) (as so redesignated) by striking ‘‘ ‘discharge’ and ‘garbage’ and ‘harmful substance’ and ‘incident’ ’’

and inserting ‘‘ ‘discharge’, ‘emission’, ‘garbage’, ‘harmful substance’, and ‘incident’ ’’; and 

(5) by redesignating paragraphs (7) through (13) (as redesignated) as paragraphs (8) through (14), respectively, and inserting after paragraph (6) (as redesignated) the following: 

‘‘(7) ‘navigable waters’ includes the territorial sea of the 

United States (as defined in Presidential Proclamation 5928 of 

December 27, 1988) and the internal waters of the United 

States;’’. 

SEC. 604. APPLICABILITY. 

Section 3 (33 U.S.C. 1902) is amended—

(1) in subsection (a)—

(A) by striking ‘‘and’’ at the end of paragraph (3); 

(B) by striking the period at the end of paragraph (4) 

and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(5) with respect to Annex VI to the Convention, and other 

than with respect to a ship referred to in paragraph (1)—

‘‘(A) to a ship that is in a port, shipyard, offshore terminal, or the internal waters of the United States; 


wwoods2 on PRODPC68 with REPORTS
93 

‘‘(B) to a ship that is bound for, or departing from, a 

port, shipyard, offshore terminal, or the internal waters of 

the United States, and is in— ‘‘(i) the navigable waters of the United States; 

‘‘(ii) an emission control area designated pursuant to 

section 4; or ‘‘(iii) any other area that the Administrator, in consultation with the Secretary and each State in which 

any part of the area is located, has designated by 

order as being an area from which emissions from 

ships are of concern with respect to protection of public health, welfare, or the environment; ‘‘(C) to a ship that is entitled to fly the flag of, or operating under the authority of, a party to Annex VI, and is 

in— ‘‘(i) the navigable waters of the United States; 

‘‘(ii) an emission control area designated under section 4; or ‘‘(iii) any other area that the Administrator, in consultation with the Secretary and each State in which 

any part of the area is located, has designated by 

order as being an area from which emissions from 

ships are of concern with respect to protection of public health, welfare, or the environment; and ‘‘(D) to the extent consistent with international law, to 

any other ship that is in— ‘‘(i) the exclusive economic zone of the United States; 

‘‘(ii) the navigable waters of the United States; 

‘‘(iii) an emission control area designated under section 4; or ‘‘(iv) any other area that the Administrator, in consultation with the Secretary and each State in which 

any part of the area is located, has designated by 

order as being an area from which emissions from 

ships are of concern with respect to protection of public health, welfare, or the environment.’’; 

(2) in subsection (b)—

(A) in paragraph (1) by striking ‘‘paragraph (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; and 

(B) by adding at the end the following: 

‘‘(3) With respect to Annex VI the Administrator, or the Secretary, as relevant to their authorities pursuant to this Act, may 

determine that some or all of the requirements under this Act shall 

apply to one or more classes of public vessels, except that such a 

determination by the Administrator shall have no effect unless the 

head of the Department or agency under which the vessels operate 

concurs in the determination. This paragraph does not apply during time of war or during a declared national emergency.’’; 

(3) by redesignating subsections (c) through (g) as subsections (d) through (h), respectively, and inserting after subsection (b) the following: 

‘‘(c) APPLICATION TO OTHER PERSONS.—This Act shall apply to all 

persons to the extent necessary to ensure compliance with Annex 

VI to the Convention.’’; and 

(4) in subsection (e), as redesignated—


wwoods2 on PRODPC68 with REPORTS
94 

(A) by inserting ‘‘or the Administrator, consistent with 

section 4 of this Act,’’ after ‘‘Secretary’’; 

(B) by striking ‘‘of section (3)’’ and inserting ‘‘of this section’’; and 

(C) by striking ‘‘Protocol, including regulations conforming to and giving effect to the requirements of Annex 

V’’ and inserting ‘‘Protocol (or the applicable Annex), including regulations conforming to and giving effect to the 

requirements of Annex V and Annex VI’’. 

SEC. 605. ADMINISTRATION AND ENFORCEMENT. 

Section 4 (33 U.S.C. 1903) is amended—

(1) by redesignating subsections (b) and (c) as subsections (c) 

and (d), respectively, and inserting after subsection (a) the following: 

‘‘(b) DUTY OF THE ADMINISTRATOR.—In addition to other duties 

specified in this Act, the Administrator and the Secretary, respectively, shall have the following duties and authorities: 

‘‘(1) The Administrator shall, and no other person may, issue 

Engine International Air Pollution Prevention certificates in 

accordance with Annex VI and the International Maritime Organization’s Technical Code on Control of Emissions of Nitrogen Oxides from Marine Diesel Engines, on behalf of the 

United States for a vessel of the United States as that term 

is defined in section 116 of title 46, United States Code. The 

issuance of Engine International Air Pollution Prevention certificates shall be consistent with any applicable requirements 

of the Clean Air Act or regulations prescribed under that Act. 

‘‘(2) The Administrator shall have authority to administer 

regulations 12, 13, 14, 15, 16, 17, 18, and 19 of Annex VI to 

the Convention. 

‘‘(3) The Administrator shall, only as specified in section 8(f), 

have authority to enforce Annex VI of the Convention.’’; 

(2) in subsection (c), as redesignated, by redesignating paragraph (2) as paragraph (4), and inserting after paragraph (1) 

the following: 

‘‘(2) In addition to the authority the Secretary has to prescribe 

regulations under this Act, the Administrator shall also prescribe 

any necessary or desired regulations to carry out the provisions of 

regulations 12, 13, 14, 15, 16, 17, 18, and 19 of Annex VI to the 

Convention. 

‘‘(3) In prescribing any regulations under this section, the Secretary and the Administrator shall consult with each other, and 

with respect to regulation 19, with the Secretary of the Interior.’’; 

and 

(3) by adding at the end of subsection (c), as redesignated, 

the following: 

‘‘(5) No standard issued by any person or Federal authority, with 

respect to emissions from tank vessels subject to regulation 15 of 

Annex VI to the Convention, shall be effective until 6 months after 

the required notification to the International Maritime Organization by the Secretary.’’. 

SEC. 606. CERTIFICATES. 

Section 5 (33 U.S.C. 1904) is amended—


wwoods2 on PRODPC68 with REPORTS
95 

(1) in subsection (a) by striking ‘‘The Secretary’’ and inserting ‘‘Except as provided in section 4(b)(1), the Secretary’’; 

(2) in subsection (b) by striking ‘‘Secretary under the authority of the MARPOL protocol.’’ and inserting ‘‘Secretary or the 

Administrator under the authority of this Act.’’; and 

(3) in subsection (e) by striking ‘‘environment.’’ and inserting 

‘‘environment or the public health and welfare.’’. 

SEC. 607. RECEPTION FACILITIES. 

Section 6 (33 U.S.C. 1905) is amended—

(1) in subsection (a) by adding at the end the following: 

‘‘(3) The Secretary and the Administrator, after consulting with 

appropriate Federal agencies, shall jointly prescribe regulations 

setting criteria for determining the adequacy of reception facilities 

for receiving ozone depleting substances, equipment containing 

such substances, and exhaust gas cleaning residues at a port or 

terminal, and stating any additional measures and requirements as 

are appropriate to ensure such adequacy. Persons in charge of 

ports and terminals shall provide reception facilities, or ensure that 

reception facilities are available, in accordance with those regulations. The Secretary and the Administrator may jointly prescribe 

regulations to certify, and may issue certificates to the effect, that 

a port’s or terminal’s facilities for receiving ozone depleting substances, equipment containing such substances, and exhaust gas 

cleaning residues from ships are adequate.’’; 

(2) in subsection (b) by inserting ‘‘or the Administrator’’ after 

‘‘Secretary’’; 

(3) in subsection (e) by striking paragraph (2) and inserting 

the following: 

‘‘(2) The Secretary may deny the entry of a ship to a port or terminal required by the MARPOL Protocol, this Act, or regulations 

prescribed under this section relating to the provision of adequate 

reception facilities for garbage, ozone depleting substances, equipment containing those substances, or exhaust gas cleaning residues, if the port or terminal is not in compliance with the 

MARPOL Protocol, this Act, or those regulations.’’; 

(4) in subsection (f)(1) by striking ‘‘Secretary is’’ and inserting ‘‘Secretary and the Administrator are’’; and 

(5) in subsection (f)(2) by striking ‘‘(A)’’. 

SEC. 608. INSPECTIONS. 

Section 8(f) (33 U.S.C. 1907(f)) is amended to read as follows: 

‘‘(f)(1) The Secretary may inspect a ship to which this Act applies 

as provided under section 3(a)(5), to verify whether the ship is in 

compliance with Annex VI to the Convention and this Act. 

‘‘(2) If an inspection under this subsection or any other information indicates that a violation has occurred, the Secretary, or the 

Administrator in a matter referred by the Secretary, may undertake enforcement action under this section. 

‘‘(3) Notwithstanding subsection (b) and paragraph (2) of this 

subsection, the Administrator shall have all of the authorities of 

the Secretary, as specified in subsection (b) of this section, for the 

purposes of enforcing regulations 17 and 18 of Annex VI to the 

Convention to the extent that shoreside violations are the subject 

of the action and in any other matter referred to the Administrator 

by the Secretary.’’. 


wwoods2 on PRODPC68 with REPORTS
96 

SEC. 609. AMENDMENTS TO THE PROTOCOL. 

Section 10(b) (33 U.S.C. 1909(b)) is amended by inserting ‘‘or the 

Administrator as provided for in this Act,’’ after ‘‘Secretary,’’. 

SEC. 610. PENALTIES. 

Section 9 (33 U.S.C. 1908) is amended—

(1) by striking ‘‘Protocol,,’’ each place it appears and inserting ‘‘Protocol,’’; 

(2) in subsection (b)—

(A) by inserting ‘‘, or the Administrator as provided for 

in this Act’’ after ‘‘Secretary’’ the first place it appears; 

(B) in paragraph (2), by inserting ‘‘, or the Administrator 

as provided for in this Act,’’ after ‘‘Secretary’’; and 

(C) in the matter after paragraph (2)—

(i) by inserting ‘‘, or the Administrator as provided 

for in this Act’’ after ‘‘Secretary’’ the first place it appears; and 

(ii) by inserting ‘‘, or the Administrator as provided 

for in this Act,’’ after ‘‘Secretary’’ the second and third 

places it appears; 

(3) in subsection (c), by inserting ‘‘, or the Administrator as 

provided for in this Act,’’ after ‘‘Secretary’’ each place it appears; and 

(4) in subsection (f), by inserting ‘‘, or the Administrator as 

provided for in this Act’’ after ‘‘Secretary’’ the first place appears. 

SEC. 611. EFFECT ON OTHER LAWS. 

Section 15 (33 U.S.C. 1911) is amended to read as follows: 

‘‘SEC. 15. EFFECT ON OTHER LAWS. 

‘‘Authorities, requirements, and remedies of this Act supplement 

and neither amend nor repeal any other authorities, requirements, 

or remedies conferred by any other provision of law. Nothing in 

this Act shall limit, deny, amend, modify, or repeal any other authority, requirement, or remedy available to the United States or 

any other person, except as expressly provided in this Act.’’. 

TITLE VII—PORT SECURITY 

SEC. 701. MARITIME HOMELAND SECURITY PUBLIC AWARENESS PROGRAM. 

The Secretary of Homeland Security shall establish a program to 

help prevent acts of terrorism and other activities that jeopardize 

maritime homeland security, by seeking the cooperation of the commercial and recreational boating industries and the public to improve awareness of activity in the maritime domain and report suspicious or unusual activity. 

SEC. 702. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL. 

(a) ASSESSMENT OF TWIC PROGRAM IMPLEMENTATION.—

(1) IN GENERAL.—Not later than 120 days after implementing the Transportation Worker Identification Credential 

program (in this section referred to as ‘‘TWIC’’) at the ten ports 

designated top priority by the Secretary of Homeland Security, 

as required by section 70105(i)(2)(A) of title 46, United States 

Code, the Secretary shall submit to the Committee on HomeVerDate Aug 31 2005 04:16 Apr 23, 2008 Jkt 069008 PO 00000 Frm 00096 Fmt 6659 Sfmt 6602 E:\HR\OC\HR604.XXX HR604

wwoods2 on PRODPC68 with REPORTS
97 

land Security of the House of Representatives, the Committee 

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

the Committee on Homeland Security and Governmental Affairs of the Senate and to the Comptroller General of the 

United States a report containing an assessment of the 

progress of the program’s implementation. The report shall include—

(A) the number of workers enrolled in the program to 

date and the extent to which key metrics and contract requirements have been met; and 

(B) an overview of the challenges encountered during implementation of the enrollment process, and plans for how 

these challenges will be addressed as the program is implemented at additional ports. 

(2) GAO ASSESSMENT.—The Comptroller General shall review the report and submit to the Committee on Homeland Security of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the 

Committee on Homeland Security and Governmental Affairs of 

the Senate an assessment of the report’s findings and recommendations. 

(b) ASSESSMENT OF TWIC PILOT.—

(1) IN GENERAL.—Not later than 120 days after completing 

the pilot program under section 70105(k)(1) of title 46, United 

States Code, to test TWIC access control technologies at port 

facilities and vessels nationwide, the Secretary of Homeland 

Security shall submit to the Committee on Homeland Security 

of the House of Representatives, the Committee on Commerce, 

Science, and Transportation of the Senate, and the Committee 

on Homeland Security and Governmental Affairs of the Senate 

and to the Comptroller General a report containing an assessment of the results of the pilot. The report shall include—

(A) the findings of the pilot program with respect to key 

technical and operational aspects of implementing TWIC 

technologies in the maritime sector; 

(B) a comprehensive listing of the extent to which established metrics were achieved during the pilot program; and 

(C) an analysis of the viability of those technologies for 

use in the maritime environment, including any challenges 

to implementing those technologies and strategies for mitigating identified challenges. 

(2) GAO ASSESSMENT.—The Comptroller General shall review the report and submit to the Committee on Homeland Security of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the 

Committee on Homeland Security and Governmental Affairs of 

the Senate an assessment of the report’s findings and recommendations. 

SEC. 703. STUDY TO IDENTIFY REDUNDANT BACKGROUND RECORDS 

CHECKS. 

(a) STUDY.—The Comptroller General of the United States shall 

conduct a study comparing those background records checks required under section 70105 of title 46, United States Code, and 

those conducted by States for similar homeland security purposes. 


wwoods2 on PRODPC68 with REPORTS
98 

(b) REPORT.—Not later than 6 months after the date of enactment of this Act, the Comptroller General of the United States 

shall submit a report to the Committee on Homeland Security of 

the House of Representatives, the Committee on Transportation 

and Infrastructure of the House of Representatives, the Committee 

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

Committee on Homeland Security and Governmental Affairs of the 

Senate on the results of the study, including—

(1) an identification of redundancies and inefficiencies in connection with such checks referred to in subsection (a); and 

(2) recommendations for eliminating such redundancies and 

inefficiencies. 

SEC. 704. REVIEW OF INTERAGENCY OPERATIONAL CENTERS. 

(a) IN GENERAL.—Within 180 days of enactment of this Act, the 

Department of Homeland Security Inspector General shall provide 

a report to the Committee on Homeland Security of the House of 

Representatives and the Committees on Homeland Security and 

Governmental Affairs and Commerce, Science, and Transportation 

of the Senate concerning the establishment of Interagency Operational Centers for Port Security required by section 108 of the 

SAFE Port Act (Public Law 109–347). 

(b) REPORT.—The report shall include—

(1) an examination of the Department’s efforts to establish 

the Interagency Operational Centers; 

(2) a timeline for construction; 

(3) a detailed breakdown, by center, as to the incorporation 

of those representatives required by section 70107A(b)(3) of 

title 46, United States Code; 

(4) an analysis of the hurdles faced by the Department in developing these centers; 

(5) information on the number of security clearances attained 

by State, local, and tribal officials participating in the program; 

and 

(6) an examination of the relationship between the Interagency Operational Centers and State, local and regional fusion centers participating in the Department of Homeland Security’s State, Local, and Regional Fusion Center Initiative 

under section 511 of the Implementing the Recommendations 

of the 9/11 Commission Act of 2007 (Public Law 110–53), with 

a particular emphasis on—

(A) how the centers collaborate and coordinate their efforts; and 

(B) the resources allocated by the Coast Guard to both 

initiatives. 

SEC. 705. MARITIME SECURITY RESPONSE TEAMS. 

(a) IN GENERAL.—Section 70106 of title 46, United States Code, 

is amended by striking subsection (c) and inserting the following: 

‘‘(c) MARITIME SECURITY RESPONSE TEAMS.— ‘‘(1) IN GENERAL.—In addition to the maritime safety and security teams, the Secretary shall establish no less than two 

maritime security response teams to act as the Coast Guard’s 

rapidly deployable counterterrorism and law enforcement response units that can apply advanced interdiction skills in response to threats of maritime terrorism. 


wwoods2 on PRODPC68 with REPORTS
99 

‘‘(2) MINIMIZATION OF RESPONSE TIME.—The maritime security response teams shall be stationed in such a way to minimize, to the extent practicable, the response time to any reported maritime terrorist threat. 

‘‘(d) COORDINATION WITH OTHER AGENCIES.—To the maximum 

extent feasible, each maritime safety and security team and maritime security response team shall coordinate its activities with 

other Federal, State, and local law enforcement and emergency response agencies.’’. 

SEC. 706. COAST GUARD DETECTION CANINE TEAM PROGRAM EXPANSION. 

(a) DEFINITIONS.—For purposes of this section: 

(1) CANINE DETECTION TEAM.—The term ‘‘detection canine 

team’’ means a canine and a canine handler that are trained 

to detect narcotics or explosives, or other threats as defined by 

the Secretary. 

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Homeland Security. 

(b) DETECTION CANINE TEAMS.—

(1) INCREASED CAPACITY.—Not later than 240 days after the 

date of enactment of this Act, the Secretary shall—

(A) begin to increase the number of detection canine 

teams certified by the Coast Guard for the purposes of 

maritime-related security by no fewer than 10 canine 

teams annually through fiscal year 2012; and 

(B) encourage owners and operators of port facilities, 

passenger cruise liners, oceangoing cargo vessels, and 

other vessels identified by the Secretary to strengthen security through the use of highly trained detection canine 

teams. 

(2) CANINE PROCUREMENT.—The Secretary, acting through 

the Commandant of the Coast Guard, shall—

(A) procure detection canine teams as efficiently as possible, including, to the greatest extent possible, through increased domestic breeding, while meeting the performance 

needs and criteria established by the Commandant; 

(B) support expansion and upgrading of existing canine 

training facilities operated by the department in which the 

Coast Guard is operating; and 

(C) as appropriate, partner with other Federal, State, or 

local agencies, nonprofit organizations, universities, or the 

private sector to increase the breeding and training capacity for Coast Guard canine detection teams. 

(c) DEPLOYMENT.—The Secretary shall prioritize deployment of 

the additional canine teams to ports based on risk, consistent with 

the Security and Accountability For Every Port Act of 2006 (Public 

Law 109–347). 

(d) AUTHORIZATION.—There are authorized to be appropriated to 

the Secretary such sums as may be necessary to carry out this section for fiscal years 2008 through 2012. 

SEC. 707. COAST GUARD PORT ASSISTANCE PROGRAM. 

Section 70110 of title 46, United States Code, is amended by adding at the end the following: ‘‘(f) COAST GUARD ASSISTANCE PROGRAM.—


wwoods2 on PRODPC68 with REPORTS
100 

‘‘(1) IN GENERAL.—The Secretary may lend, lease, donate, or 

otherwise provide equipment, and provide technical training 

and support, to the owner or operator of a foreign port or facility—

‘‘(A) to assist in bringing the port or facility into compliance with applicable International Ship and Port Facility 

Code standards; 

‘‘(B) to assist the port or facility in meeting standards established under section 70109A of this chapter; and 

‘‘(C) to assist the port or facility in exceeding the standards described in subparagraphs (A) and (B). 

‘‘(2) CONDITIONS.—The Secretary—

‘‘(A) shall provide such assistance based upon an assessment of the risks to the security of the United States and 

the inability of the owner or operator of the port or facility 

otherwise to bring the port or facility into compliance with 

those standards and to maintain compliance with them; 

‘‘(B) may not provide such assistance unless the port or 

facility has been subjected to a comprehensive port security assessment by the Coast Guard or a third party entity 

certified by the Secretary under section 70110A(b) to validate foreign port or facility compliance with International 

Ship and Port Facility Code standards; and 

‘‘(C) may only lend, lease, or otherwise provide equipment that the Secretary has first determined is not required by the Coast Guard for the performance of its missions.’’. 

SEC. 708. MARITIME BIOMETRIC IDENTIFICATION. 

(a) IN GENERAL.—The Secretary of Homeland Security, acting 

through the Commandant of the Coast Guard, may conduct, in the 

maritime environment, a pilot program for the mobile biometric 

identification of suspected individuals, including terrorists, to enhance border security and for other purposes. 

(b) REQUIREMENTS.—The Secretary shall ensure that the pilot 

program is coordinated with other biometric identification programs within the Department of Homeland Security and shall 

evaluate the costs and feasibility of expanding the capability to all 

Coast Guard cutters, stations and deployable maritime teams, and 

other appropriate Department of Homeland Security maritime vessels and units. 

(c) DEFINITION.—For purposes of this section, the term ‘‘biometric 

identification’’ means use of fingerprint and digital photography 

images. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

such sums as appropriate to carry out this section. 

SEC. 709. REVIEW OF POTENTIAL THREATS. 

Not later than 1 year after the date of enactment of this Act, the 

Secretary of Homeland Security shall submit to the Committee on 

Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a 

report analyzing the threat, vulnerability, and consequence of a 

terrorist attack on gasoline and chemical cargo shipments in port 

activity areas in the United States. 


wwoods2 on PRODPC68 with REPORTS
101 

SEC. 710. PORT SECURITY PILOT. 

The Secretary of Homeland Security shall establish a pilot program to test and deploy preventive radiological or nuclear detection 

equipment on Coast Guard vessels and other locations in select 

port regions to enhance border security and for other purposes. The 

pilot program shall leverage existing Federal grant funding to support this program and the procurement of additional equipment. 

SEC. 711. ADVANCE NOTICE OF PORT ARRIVAL OF SIGNIFICANT OR 

FATAL INCIDENTS INVOLVING U.S. PERSONS. 

(a) REQUIREMENT.—The Secretary of Homeland Security shall require the owner or operator of a cruise ship that embarks or disembarks passengers in a United States port to notify the Secretary 

of any covered security incident that occurs on the cruise ship in 

the course of the voyage (or voyage segment) in which a U.S. person is involved, in conjunction with any advance notice of arrival 

to a United States port required by part 160 of title 33, Code of 

Federal Regulations. 

(b) DEFINITIONS.—For the purposes of this section: 

(1) COVERED SECURITY INCIDENT.—The term ‘‘covered security incident’’ means any criminal act or omission that results 

in death or bodily injury, all sexual assaults and missing persons, or any other incident that poses a significant threat to 

the cruise ship, any cruise ship passenger, any port facility, or 

any person in or near the port. 

(2) CRUISE SHIP.—The term ‘‘cruise ship’’ means a vessel on 

an international voyage that embarks or disembarks passengers at a port of United States jurisdiction to which subpart 

C of part 160 of title 33, Code of Federal Regulations, applies 

and that provides overnight accommodations. 

(3) U.S. PERSON.—The term ‘‘U.S. person’’ means a citizen of 

the United States and an alien lawfully admitted for permanent residence (as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(20)). 

(4) UNITED STATES.—The term ‘‘United States’’ means the 50 

States, the District of Columbia, Puerto Rico, the Northern 

Mariana Islands, the United States Virgin Islands, Guam, 

American Samoa, and any other territory or possession of the 

United States. 

(c) SAVINGS CLAUSE.—Nothing in this section shall be interpreted 

to discourage immediate notification to the Secretary of a covered 

security incident, nor shall this section prohibit earlier notifications 

of covered security incidents otherwise required by law or regulation. 

SEC. 712. SAFETY AND SECURITY ASSISTANCE FOR FOREIGN PORTS. 

(a) IN GENERAL.—Section 70110(e)(1) of title 46, United States 

Code, is amended by striking the second sentence and inserting the 

following: ‘‘The Secretary shall establish a strategic plan to utilize 

those assistance programs to assist ports and facilities that are 

found by the Secretary under subsection (a) not to maintain effective antiterrorism measures in the implementation of port security 

antiterrorism measures.’’. 

(b) CONFORMING AMENDMENTS.—

(1) Section 70110 of title 46, United States Code, is amended—


wwoods2 on PRODPC68 with REPORTS
102 

(A) by inserting ‘‘OR FACILITIES’’ after ‘‘PORTS’’ in 

the section heading; 

(B) by inserting ‘‘or facility’’ after ‘‘port’’ each place it appears; and 

(C) by striking ‘‘PORTS’’ in the heading for subsection (e) 

and inserting ‘‘PORTS, FACILITIES,’’. 

(2) The chapter analysis for chapter 701 of title 46, United 

States Code, is amended by striking the item relating to section 70110 and inserting the following: 

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

SEC. 713. SEASONAL WORKERS. 

(a) STUDY.—The Comptroller General of the United States shall 

conduct a study on the effects that the Transportation Worker 

Identification Card (in this section referred to as ‘‘TWIC’’) required 

by section 70105 of title 46, United States Code, has on companies 

that employ seasonal employees. 

(b) REPORT.—Not later than one year after the date of enactment 

of this Act, the Comptroller General shall submit a report to the 

Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives and 

the Committee on Commerce, Science, and Transportation of the 

Senate on the results of the study, including—

(1) costs associated in requiring seasonal employees to obtain 

TWIC cards on companies 

(2) whether the Coast Guard and Transportation Security 

Administration are processing TWIC applications quickly 

enough for seasonal workers to obtain TWIC certification; 

(3) whether TWIC compliance costs or other factors have led 

to a reduction in service; 

(3) the impact of TWIC on the recruiting and hiring of seasonal and other temporary employees; and 

(4) an assessment of possible alternatives to TWIC certification that may be used for seasonal employees including any 

security vulnerabilities created by those alternatives. 

SEC. 714. COMPARATIVE RISK ASSESSMENT OF VESSEL-BASED AND 

FACILITY-BASED LIQUEFIED NATURAL GAS REGASIFICATION PROCESSES. 

(a) IN GENERAL.—Within 90 days after the date of enactment of 

this Act, the Secretary of Homeland Security, acting through the 

Commandant of the Coast Guard, shall enter into an arrangement 

for the performance of an independent study to conduct a comparative risk assessment examining the relative safety and security risk 

associated with vessel-based and facility-based liquefied natural 

gas regasification processes conducted within 3 miles from land 

versus such processes conducted more than 3 miles from land. 

(b) REPORT.—Not later than 1 year after the date of enactment 

of this Act, the Secretary Homeland Security, acting through the 

Commandant, shall provide a report on the findings and conclusions of the study required by this section to the Committees on 

Homeland Security, Transportation and Infrastructure, and Energy 

and Commerce of the House of Representatives, and the Committees on Homeland Security and Governmental Affairs and Commerce, Science, and Transportation of the Senate. 


wwoods2 on PRODPC68 with REPORTS
103 

SEC. 715. PILOT PROGRAM FOR FINGERPRINTING OF MARITIME 

WORKERS. 

(a) IN GENERAL.—Within 180 days after the date of enactment of 

this Act, the Secretary of Homeland Security shall establish procedures providing for an individual who is required to be 

fingerprinted for purposes of obtaining a transportation security 

card under section 70105 of title 46, United States Code, to be 

fingerprinted at any facility operated by or under contract with an 

agency of the Department of Homeland Security that fingerprints 

the public for the Department. 

(b) EXPIRATION.—This section expires on December 31, 2012. 

SEC. 716. TRANSPORTATION SECURITY CARDS ON VESSELS. 

Section 70105(b)(2) of title 46, United States Code, is amended—

(1) in subparagraph (B), by inserting after ‘‘title’’ the following: ‘‘allowed unescorted access to a secure area designated 

in a vessel security plan approved under section 70103 of this 

title’’; and 

(2) in subparagraph (D), by inserting after ‘‘tank vessel’’ the 

following: ‘‘allowed unescorted access to a secure area designated in a vessel security plan approved under section 70103 

of this title’’. 

SEC. 717. INTERNATIONAL LABOR STUDY. 

The Comptroller General of the United States shall conduct a 

study of methods to conduct a background security investigation of 

an individual who possesses a biometric identification card that 

complies with International Labor Convention number 185 that are 

equivalent to the investigation conducted on individuals applying 

for a visa to enter the United States. The Comptroller General 

shall submit a report on the study within 180 days after the date 

of enactment of this Act to the Committee on Transportation and 

Infrastructure and the Committee on Homeland Security of the 

House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate. 

SEC. 718. MARITIME SECURITY ADVISORY COMMITTEES. 

Section 70112 of title 46, United States Code, is amended—

(1) by amending subsection (b)(5) to read as follows: 

‘‘(5)(A) The National Maritime Security Advisory Committee 

shall be composed of—

‘‘(i) at least 1 individual who represents the interests of the 

port authorities; 

‘‘(ii) at least 1 individual who represents the interests of the 

facilities owners or operators; 

‘‘(iii) at least 1 individual who represents the interests of the 

terminal owners or operators; 

‘‘(iv) at least 1 individual who represents the interests of the 

vessel owners or operators; 

‘‘(v) at least 1 individual who represents the interests of the 

maritime labor organizations; 

‘‘(vi) at least 1 individual who represents the interests of the 

academic community; 

‘‘(vii) at least 1 individual who represents the interests of 

State or local governments; and 

‘‘(viii) at least 1 individual who represents the interests of 

the maritime industry. 


wwoods2 on PRODPC68 with REPORTS
104 

‘‘(B) Each Area Maritime Security Advisory Committee shall 

be composed of individuals who represents the interests of the 

port industry, terminal operators, port labor organizations, and 

other users of the port areas.’’; and 

(2) in subsection (g)—

(A) in paragraph (1)(A), by striking ‘‘2008;’’ and inserting 

‘‘2010;’’; 

(B) by repealing paragraph (2); 

(C) by striking ‘‘(1)’’; and 

(D) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2). 

SEC. 719. SEAMEN’S SHORESIDE ACCESS. 

Each facility security plan approved under section 70103(c) of 

title 46, United States Code, shall provide a system for seamen assigned to a vessel at that facility, pilots, and representatives of seamen’s welfare and labor organizations to board and depart the vessel through the facility in a timely manner at no cost to the individual. 

SEC. 720. WATERSIDE SECURITY AROUND LIQUEFIED NATURAL GAS 

TERMINALS AND LIQUEFIED NATURAL GAS TANKERS. 

(a) ENFORCEMENT OF SECURITY ZONES.—Consistent with other 

provisions of law, any security zone established by the Coast Guard 

around a tanker containing liquified natural gas shall be enforced 

by the Coast Guard. If the Coast Guard must enforce multiple simultaneous security zones, the Coast Guard shall allocate resources so as to deter to the maximum extent practicable a transportation security incident (as that term is defined in sectin 70101 

of title 46, United States Code). 

(b) LIMITATION ON RELIANCE ON STATE AND LOCAL GOVERNMENT.—Any security arrangement approved as part of a facility security plan approved after the date of enactment of this Act under 

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

gas terminal on or adjacent to the navigable waters of the United 

States, or to assist in the enforcement of any security zone established by the Coast Guard around a tanker containing liquefied 

natural gas, may not be based upon the provision of security by a 

State or local government unless the State or local government has 

entered into a contract, cooperative agreement, or other arrangement with the terminal operator to provide such services and the 

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

acting through the Commandant of the Coast Guard, ensures that 

the waterborne patrols operated as part of that security arrangement by a State or local government have the training, resources, 

personnel, equipment, and experience necessary to deter to the 

maximum extent practicable a transportation security incident (as 

that term is defined in section 70101 of title 46, United States 

Code). 

(c) DETERMINATION REQUIRED FOR NEW LNG TERMINALS.—The 

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

acting through the Commandant of the Coast Guard, may not approve a facility security plan under section 70103 of title 46, United 

States Code, for a new liquefied natural gas terminal the construction of which is begun after the date of enactment of this Act unless the Secretary determines that the Coast Guard has available 


wwoods2 on PRODPC68 with REPORTS
105 

to the sector in which the terminal is located the resources it needs 

to carry out the navigation and maritime security risk management 

measures identified in the waterway suitability report prepared 

pursuant to the Ports and Waterways Safety Act. 

TITLE VIII—COAST GUARD 

INTEGRATED DEEPWATER PROGRAM 

SEC. 801. SHORT TITLE. 

This title may be cited as the ‘‘Integrated Deepwater Program 

Reform Act’’. 

SEC. 802. IMPLEMENTATION OF COAST GUARD INTEGRATED DEEPWATER ACQUISITION PROGRAM. 

(a) USE OF PRIVATE SECTOR ENTITY AS A LEAD SYSTEMS INTE- GRATOR.—

(1) IN GENERAL.—Except as otherwise provided in this subsection, the Secretary may not use a private sector entity as 

a lead systems integrator for procurements under, or in support of, the Deepwater Program beginning on the earlier of October 1, 2011, or the date on which the Secretary certifies in 

writing to the Committee on Transportation and Infrastructure 

and the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate that the Coast Guard has available and can retain sufficient contracting personnel and expertise within the Coast Guard, through an arrangement with 

other Federal agencies, or through contracts or other arrangements with private sector entities, to perform the functions 

and responsibilities of the lead system integrator in an efficient 

and cost-effective manner. 

(2) COMPLETION OF EXISTING DELIVERY ORDERS AND TASK OR- DERS.—The Secretary may use a private sector entity as a lead 

systems integrator to complete any delivery order or task order 

under the Deepwater Program that was issued to the lead systems integrator on or before the date of enactment of this Act. 

(3) ASSISTANCE OF OTHER FEDERAL AGENCIES.—In any case in 

which the Secretary is the systems integrator under the Deepwater Program, the Secretary may obtain any type of assistance the Secretary considers appropriate, with any systems integration functions, from any Federal agency with experience 

in systems integration involving maritime vessels and aircraft. 

(4) ASSISTANCE OF PRIVATE SECTOR ENTITIES.—In any case in 

which the Secretary is the systems integrator under the Deepwater Program, the Secretary may, subject to the availability 

of appropriations, obtain by grant, contract, or cooperative 

agreement any type of assistance the Secretary considers appropriate, with any systems integration functions, from any 

private sector entity with experience in systems integration involving maritime vessels and aircraft. 

(b) COMPETITION.—

(1) IN GENERAL.—Except as otherwise provided in this subsection, the Secretary shall use full and open competition for 

each class of asset acquisitions under the Deepwater Program 

for which an outside contractor is used, if the asset is procured 


wwoods2 on PRODPC68 with REPORTS
106 

directly by the Coast Guard or by the Integrated Coast Guard 

System acting under a contract with the Coast Guard. 

(2) EXCEPTION.—The Secretary may use a procurement 

method that is less than full and open competition to procure 

an asset under the Deepwater Program, if— (A) the Secretary determines that such method is in the 

best interests of the Federal Government; and 

(B) by not later than 30 days before the date of the 

award of a contract for the procurement, the Secretary 

submits to the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the 

House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report 

explaining why such procurement is in the best interests 

of the Federal Government. 

(3) LIMITATION ON APPLICATION.—Paragraph (1) shall not 

apply to a contract, subcontract, or task order that was issued 

before the date of enactment of this Act, if there is no change 

in the quantity of assets or the specific type of assets procured. 

(c) REQUIRED CONTRACT TERMS.—The Secretary shall include in 

each contract, subcontract, and task order issued under the Deepwater Program after the date of enactment of this Act the following 

provisions, as applicable: 

(1) TECHNICAL REVIEWS.—A requirement that the Secretary 

shall conduct a technical review of all proposed designs, design 

changes, and engineering changes, and a requirement that the 

contractor must specifically address all engineering concerns 

identified in the technical reviews, before any funds may be obligated. 

(2) RESPONSIBILITY FOR TECHNICAL REQUIREMENTS.—A requirement that the Secretary shall maintain the authority to 

establish, approve, and maintain technical requirements. 

(3) COST ESTIMATE OF MAJOR CHANGES.—A requirement that 

an independent cost estimate must be prepared and approved 

by the Secretary before the execution of any change order costing more than 5 percent of the unit cost approved in the Deepwater Program baseline in effect as of May 2007. 

(4) PERFORMANCE MEASUREMENT.—A requirement that any 

measurement of contractor and subcontractor performance 

must be based on the status of all work performed, including 

the extent to which the work performed met all cost, schedule, 

and mission performance requirements outlined in the Deepwater Program contract. 

(5) EARLY OPERATIONAL ASSESSMENT.—For the acquisition of 

any cutter class for which an Early Operational Assessment 

has not been developed—

(A) a requirement that the Secretary of the Department 

in which the Coast Guard is operating shall cause an 

Early Operational Assessment to be conducted by the Department of the Navy after the development of the preliminary design of the cutter and before the conduct of the critical design review of the cutter; and 

(B) a requirement that the Coast Guard shall develop a 

plan to address the findings presented in the Early Operational Assessment. 


wwoods2 on PRODPC68 with REPORTS
107 

(6) TRANSIENT ELECTROMAGNETIC PULSE EMANATION.—For 

the acquisition or upgrade of air, surface, or shore assets for 

which compliance with transient electromagnetic pulse emanation (TEMPEST) is a requirement, a provision specifying 

that the standard for determining such compliance shall be the 

air, surface, or shore asset standard then used by the Department of the Navy. 

(7) OFFSHORE PATROL CUTTER UNDERWAY REQUIREMENT.— For any contract issued to acquire an Offshore Patrol Cutter, 

provisions specifying the service life, fatigue life, days underway in general Atlantic and North Pacific Sea conditions, maximum range, and maximum speed the cutter shall be built to 

achieve. 

(8) INSPECTOR GENERAL ACCESS.—A requirement that the Department of Homeland Security’s Office of the Inspector General shall have access to all records maintained by all contractors working on the Deepwater Program, and shall have the 

right to privately interview any contractor personnel. 

(d) LIFE CYCLE COST ESTIMATE.—

(1) IN GENERAL.—The Secretary shall develop an authoritative life cycle cost estimate for the Deepwater Program. 

(2) CONTENTS.—The life cycle cost estimate shall include 

asset acquisition and logistics support decisions and planned 

operational tempo and locations as of the date of enactment of 

this Act. 

(3) SUBMITTAL.—The Secretary shall— (A) submit the life cycle cost estimate to the Committee 

on Transportation and Infrastructure and the Committee 

on Homeland Security of the House of Representatives and 

the Committee on Commerce, Science, and Transportation 

of the Senate within 4 months after the date of enactment 

of this Act; and 

(B) submit updates of the life cycle cost estimate to such 

Committees annually. 

(e) CONTRACT OFFICERS.—The Secretary shall assign a separate 

contract officer for each class of cutter and aircraft acquired or rehabilitated under the Deepwater Program, including the National 

Security Cutter, the Offshore Patrol Cutter, the Fast Response Cutter A, the Fast Response Cutter B, maritime patrol aircraft, the 

aircraft HC–130J, the helicopter HH–65, the helicopter HH–60, 

and the vertical unmanned aerial vehicle. 

(f) TECHNOLOGY RISK REPORT.—The Secretary shall submit to 

the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives and 

the Committee on Commerce, Science, and Transportation of the 

Senate a report identifying the technology risks and level of maturity for major technologies used on each class of asset acquisitions 

under the Deepwater Program, including the Fast Response Cutter 

A (FRC–A), the Fast Response Cutter B (FRC–B), the Offshore Patrol Cutter (OPC), and the Vertical Unmanned Aerial Vehicle 

(VUAV), not later than 90 days before the date of award of a contract for such an acquisition. 

(g) SUBMISSION OF ASSESSMENT RESULTS AND PLANS TO CONGRESS.—The Commandant of the Coast Guard shall submit to the 

Committee on Transportation and Infrastructure and the ComVerDate Aug 31 2005 04:16 Apr 23, 2008 Jkt 069008 PO 00000 Frm 00107 Fmt 6659 Sfmt 6602 E:\HR\OC\HR604.XXX HR604

wwoods2 on PRODPC68 with REPORTS
108 

mittee on Homeland Security of the House of Representatives and 

the Committee on Commerce, Science, and Transportation of the 

Senate—

(1) the results of each Early Operational Assessment conducted pursuant to subsection (c)(5)(A) and the plan approved 

by the Commandant pursuant to subsection (c)(5)(B) for addressing the findings of such assessment, within 30 days after 

the Commandant approves the plan; and 

(2) a report describing how the recommendations of each 

Early Operational Assessment conducted pursuant to subsection (c)(5)(A) on the first in class of a new cutter class have 

been addressed in the design on which construction is to begin, 

within 30 days before initiation of construction. 

SEC. 803. CHIEF ACQUISITION OFFICER. 

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

further amended by adding at the end the following: 

‘‘§ 56. Chief Acquisition Officer 

‘‘(a) ESTABLISHMENT OF AGENCY CHIEF ACQUISITION OFFICER.—

The Commandant shall appoint or designate a career reserved employee as Chief Acquisition Officer for the Coast Guard, who 

shall—

‘‘(1) have acquisition management as that official’s primary 

duty; and 

‘‘(2) report directly to the Commandant to advise and assist 

the Commandant to ensure that the mission of the Coast 

Guard is achieved through the management of the Coast 

Guard’s acquisition activities. 

‘‘(b) AUTHORITY AND FUNCTIONS OF THE CHIEF ACQUISITION OFFICER.—The functions of the Chief Acquisition Officer shall include—

‘‘(1) monitoring the performance of acquisition activities and 

acquisition programs of the Coast Guard, evaluating the performance of those programs on the basis of applicable performance measurements, and advising the Commandant regarding 

the appropriate business strategy to achieve the mission of the 

Coast Guard; 

‘‘(2) increasing the use of full and open competition in the acquisition of property and services by the Coast Guard by establishing policies, procedures, and practices that ensure that the 

Coast Guard receives a sufficient number of sealed bids or 

competitive proposals from responsible sources to fulfill the 

Government’s requirements (including performance and delivery schedules) at the lowest cost or best value considering the 

nature of the property or service procured; 

‘‘(3) ensuring the use of detailed performance specifications 

in instances in which performance-based contracting is used; 

‘‘(4) making acquisition decisions consistent with all applicable laws and establishing clear lines of authority, accountability, and responsibility for acquisition decisionmaking within the Coast Guard; 

‘‘(5) managing the direction of acquisition policy for the Coast 

Guard, including implementation of the unique acquisition 

policies, regulations, and standards of the Coast Guard; 


wwoods2 on PRODPC68 with REPORTS
109 

‘‘(6) developing and maintaining an acquisition career management program in the Coast Guard to ensure that there is 

an adequate professional workforce; and 

‘‘(7) as part of the strategic planning and performance evaluation process required under section 306 of title 5 and sections 1105(a)(28), 1115, 1116, and 9703 of title 31—

‘‘(A) assessing the requirements established for Coast 

Guard personnel regarding knowledge and skill in acquisition resources management and the adequacy of such requirements for facilitating the achievement of the performance goals established for acquisition management; 

‘‘(B) in order to rectify any deficiency in meeting such requirements, developing strategies and specific plans for 

hiring, training, and professional development; and 

‘‘(C) reporting to the Commandant on the progress made 

in improving acquisition management capability.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following: 

‘‘56. Chief Acquisition Officer.’’. 

(c) SPECIAL RATE SUPPLEMENTS.—

(1) REQUIREMENT TO ESTABLISH.—Not later than 1 year after 

the date of enactment of this Act and in accordance with part 

9701.333 of title 5, Code of Federal Regulations, the Commandant of the Coast Guard shall establish special rate supplements that provide higher pay levels for employees necessary to carry out the amendment made by this section. 

(2) SUBJECT TO APPROPRIATIONS.—The requirement under 

paragraph (1) is subject to the availability of appropriations. 

SEC. 804. TESTING AND CERTIFICATION. 

(a) IN GENERAL.—The Secretary shall—

(1) cause each cutter, other than a National Security Cutter, 

acquired by the Coast Guard and delivered after the date of 

enactment of this Act to be classed by the American Bureau of 

Shipping, before acceptance of delivery; 

(2) cause the design and construction of each National Security Cutter, other than National Security Cutter 1 and 2, to be 

certified by an independent third party with expertise in vessel 

design and construction certification to be able to meet a 185- 

underway-day requirement under general Atlantic and North 

Pacific sea conditions for a period of at least 30 years; 

(3) cause all electronics on all aircraft, surface, and shore assets that require TEMPEST certification and that are delivered 

after the date of enactment of this Act to be tested and certified in accordance with TEMPEST standards and communications security (COMSEC) standards by an independent 

third party that is authorized by the Federal Government to 

perform such testing and certification; and 

(4) cause all aircraft and aircraft engines acquired by the 

Coast Guard and delivered after the date of enactment of this 

Act to be certified for airworthiness by an independent third 

party with expertise in aircraft and aircraft engine certification, before acceptance of delivery. 


wwoods2 on PRODPC68 with REPORTS
110 

(b) FIRST IN CLASS OF A MAJOR ASSET ACQUISITION.—The Secretary shall cause the first in class of a major asset acquisition of 

a cutter or an aircraft to be subjected to an assessment of operational capability conducted by the Secretary of the Navy. 

(c) FINAL ARBITER.—The Secretary shall be the final arbiter of all 

technical disputes regarding designs and acquisitions of vessels and 

aircraft for the Coast Guard. 

SEC. 805. NATIONAL SECURITY CUTTERS. 

(a) NATIONAL SECURITY CUTTERS 1 AND 2.— (1) REPORT ON OPTIONS UNDER CONSIDERATION.—The Secretary shall submit to the Committee on Transportation and 

Infrastructure and the Committee on Homeland Security of the 

House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate— (A) within 120 days after the date of enactment of this 

Act, a report describing in detail the cost increases that 

have been experienced on National Security Cutters 1 and 

2 since the date of the issuance of the task orders for construction of those cutters and explaining the causes of 

these cost increases; and 

(B) within 180 days after the date of enactment of this 

Act, a report on the options that the Coast Guard is considering to strengthen the hulls of National Security Cutter 1 and National Security Cutter 2, including— (i) the costs of each of the options under consideration; 

(ii) a schedule for when the hull strengthening repairs are anticipated to be performed; and 

(iii) the impact that the weight likely to be added to 

each the cutter by each option will have on the cutter’s 

ability to meet both the original performance requirements included in the Deepwater Program contract 

and the performance requirements created by contract 

Amendment Modification 00042 dated February 7, 

2007. 

(2) DESIGN ASSESSMENT.—Not later than 30 days before the 

Coast Guard signs any contract, delivery order, or task order 

to strengthen the hull of either of National Security Cutter 1 

or 2 to resolve the structural design and performance issues 

identified in the Department of Homeland Security Inspector 

General’s report OIG–07–23 dated January 2007, the Secretary 

shall submit to the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the 

House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate all results of an assessment of the proposed hull strengthening design conducted 

by the Naval Surface Warfare Center, Carderock Division, including a description in detail of the extent to which the hull 

strengthening measures to be implemented on those cutters 

will enable the cutters to meet a 185-underway-day requirement under general Atlantic and North Pacific sea conditions 

for a period of at least 30 years. 

(b) NATIONAL SECURITY CUTTERS 3 THROUGH 8.—Not later than 

30 days before the Coast Guard signs any contract, delivery order, 

or task order authorizing construction of National Security Cutters 


wwoods2 on PRODPC68 with REPORTS
111 

3 through 8, the Secretary shall submit to the Committee on 

Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives and the Committee 

on Commerce, Science, and Transportation of the Senate all results 

of an assessment of the proposed designs to resolve the structural 

design, safety, and performance issues identified by the Department of Homeland Security Office of Inspector General report OIG–

07–23 for the hulls of those cutters conducted by the Naval Surface 

Warfare Center, Carderock Division, including a description in detail of the extent to which such designs will enable the cutters to 

meet a 185-underway-day requirement under general Atlantic and 

North Pacific sea conditions. 

SEC. 806. MISCELLANEOUS REPORTS. 

(a) IN GENERAL.—The Secretary shall submit the following reports to the Committee on Transportation and Infrastructure and 

the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate: 

(1) Within 4 months after the date of enactment of this Act, 

a justification for why 8 National Security Cutters are required 

to meet the operational needs of the Coast Guard, including—

(A) how many days per year each National Security Cutter will be underway at sea; 

(B) where each National Security Cutter will be home 

ported; 

(C) the amount of funding that will be required to establish home port operations for each National Security Cutter; 

(D) the extent to which 8 National Security Cutters deployed without vertical unmanned aerial vehicles (VUAV) 

will meet or exceed the mission capability (including surveillance capacity) of the 12 Hamilton-class high endurance cutters that the National Security Cutters will replace; 

(E) the business case in support of constructing National 

Security Cutters 3 through 8, including a cost-benefit analysis; and 

(F) an analysis of how many Offshore Patrol Cutters 

would be required to provide the patrol coverage provided 

by a National Security Cutter. 

(2) Within 4 months after the date of enactment of this Act, 

a report on—

(A) the impact that deployment of a National Security 

Cutter and other cutter assets without the vertical unmanned aerial vehicle (VUAV) will have on the amount of 

patrol coverage that will be able to be provided during missions conducted by the National Security Cutter and all 

other cutters planned to be equipped with a VUAV; 

(B) how the coverage gap will be made up; 

(C) an update on the current status of the development 

of the VUAV; and 

(D) the timeline detailing the major milestones to be 

achieved during development of the VUAV and identifying 

the delivery date for the first and last VUAV. 


wwoods2 on PRODPC68 with REPORTS
112 

(3) Within 30 days after the elevation to flag-level for resolution of any design or other dispute regarding the Deepwater 

Program contract or an item to be procured under that contract, including a detailed description of the issue and the rationale underlying the decision taken by the flag officer to resolve the issue. 

(4) Within 4 months after the date of enactment of this Act, 

a report detailing the total number of change orders that have 

been created by the Coast Guard under the Deepwater Program before the date of enactment of this Act, the total cost 

of these change orders, and their impact on the Deepwater Program schedule. 

(5) Within 180 days after the date of enactment of this Act, 

a report detailing the technology risks and level of maturity for 

major technologies used on maritime patrol aircraft, the HC–

130J, and the National Security Cutter. 

(6) Not less than 60 days before signing a contract to acquire 

any vessel or aircraft, a report comparing the cost of purchasing that vessel or aircraft directly from the manufacturer 

or shipyard with the cost of procuring it through the Integrated Coast Guard System. 

(7) Within 30 days after the Program Executive Officer of the 

Deepwater Program becomes aware of a likely cost overrun exceeding 5 percent of the overall asset acquisition contract cost 

or schedule delay exceeding 5 percent of the estimated asset 

construction period under the Deepwater Program, a report by 

the Commandant containing a description of the cost overrun 

or delay, an explanation of the overrun or delay, a description 

of Coast Guard’s response, and a description of significant 

delays in the procurement schedule likely to be caused by the 

overrun or delay. 

(8) Within 90 days after the date of enactment of this Act, 

articulation of a doctrine and description of an anticipated implementation of a plan for management of acquisitions programs, financial management (including earned value management and cost estimating), engineering and logistics management, and contract management, that includes—

(A) a description of how the Coast Guard will cultivate 

among uniformed personnel expertise in acquisitions management and financial management; 

(B) a description of the processes that will be followed to 

draft and ensure technical review of procurement packages, including statements of work, for any class of assets 

acquired by the Coast Guard; 

(C) a description of how the Coast Guard will conduct an 

independent cost estimating process, including independently developing cost estimates for major change orders; 

and 

(D) a description of how Coast Guard will strengthen the 

management of change orders. 

(9) Within 4 months after the date of enactment of this Act, 

a report on the development of a new acquisitions office within 

the Coast Guard describing the specific staffing structure for 

that directorate, including—


wwoods2 on PRODPC68 with REPORTS
113 

(A) identification of all managerial positions proposed as 

part of the office, the functions that each managerial position will fill, and the number of employees each manager 

will supervise; and 

(B) a formal organizational chart and identification of 

when managerial positions are to be filled. 

(10) Ninety days prior to the issuance of a Request for Proposals for construction of an Offshore Patrol Cutter, a report 

detailing the service life, fatigue life, maximum range, maximum speed, and number of days underway under general Atlantic and North Pacific Sea conditions the cutter shall be built 

to achieve. 

(11) The Secretary shall report annually on the percentage 

of the total amount of funds expended on procurements under 

the Deepwater Program that has been paid to each of small 

businesses and minority-owned businesses. 

(12) Within 120 days after the date of enactment of this Act, 

a report on any Coast Guard mission performance gap due to 

the removal of Deepwater Program assets from service. The report shall include the following: 

(A) A description of the mission performance gap detailing the geographic regions and Coast Guard capabilities 

affected. 

(B) An analysis of factors affecting the mission performance gap that are unrelated to the Deepwater Program, including deployment of Coast Guard assets overseas and 

continuous vessel shortages. 

(C) A description of measures being taken in the near 

term to fill the mission performance gap, including what 

those measures are and when they will be implemented. 

(D) A description of measures being taken in the long 

term to fill the mission performance gap, including what 

those measures are and when they will be implemented. 

(E) A description of the potential alternatives to fill the 

mission performance gap, including any acquisition or 

lease considered and the reasons they were not pursued. 

(b) REPORT REQUIRED ON ACCEPTANCE OF DELIVERY OF INCOMPLETE ASSET.—

(1) IN GENERAL.—If the Secretary accepts delivery of an asset 

after the date of enactment of this Act for which a contractually required certification cannot be achieved within 30 days 

after the date of delivery or with any system that is not fully 

functional for the mission for which it was intended, the Secretary shall submit to the Committee on Transportation and 

Infrastructure and the Committee on Homeland Security of the 

House of Representatives and the Committee on Commerce, 

Science, and Transportation of the United States Senate within 

30 days after accepting delivery of the asset a report explaining why acceptance of the asset in such a condition is in the 

best interests of the United States Government. 

(2) CONTENTS.—The report shall—

(A) specify the systems that are not able to achieve contractually required certifications within 30 days after the 

date of delivery and the systems that are not fully funcVerDate Aug 31 2005 04:16 Apr 23, 2008 Jkt 069008 PO 00000 Frm 00113 Fmt 6659 Sfmt 6602 E:\HR\OC\HR604.XXX HR604

wwoods2 on PRODPC68 with REPORTS
114 

tional at the time of delivery for the missions for which 

they were intended; 

(B) identify milestones for the completion of required 

certifications and to make all systems fully functional; and 

(C) identify when the milestones will be completed, who 

will complete them, and the cost to complete them. 

SEC. 807. USE OF THE NAVAL SEA SYSTEMS COMMAND, THE NAVAL 

AIR SYSTEMS COMMAND, AND THE SPACE AND NAVAL 

WARFARE SYSTEMS COMMAND TO ASSIST THE COAST 

GUARD IN EXERCISING TECHNICAL AUTHORITY FOR THE 

DEEPWATER PROGRAM AND OTHER COAST GUARD ACQUISITION PROGRAMS. 

(a) FINDINGS.—Congress finds that the Coast Guard’s use of the 

technical, contractual, and program management oversight expertise of the Department of the Navy in ship and aircraft production 

complements and augments the Coast Guard’s organic expertise as 

it procures assets for the Deepwater Program. 

(b) INTER-SERVICE TECHNICAL ASSISTANCE.—The Secretary may 

enter into a memorandum of understanding or a memorandum of 

agreement with the Secretary of the Navy to provide for the use 

of the Navy Systems Commands to assist the Coast Guard with the 

oversight of Coast Guard major acquisition programs. Such memorandum of understanding or memorandum of agreement shall, at 

a minimum provide for—

(1) the exchange of technical assistance and support that the 

Coast Guard Chief Engineer and the Coast Guard Chief Information Officer, as Coast Guard Technical Authorities, may 

identify; 

(2) the use, as appropriate, of Navy technical expertise; and 

(3) the temporary assignment or exchange of personnel between the Coast Guard and the Navy Systems Commands to 

facilitate the development of organic capabilities in the Coast 

Guard. 

(c) TECHNICAL AUTHORITIES.—The Coast Guard Chief Engineer, 

Chief Information Officer, and Chief Acquisition Officer shall 

adopt, to the extent practicable, procedures that are similar to 

those used by the Navy Senior Acquisition Official to ensure the 

Coast Guard Technical Authorities, or designated Technical Warrant Holders, approve all technical requirements. 

(d) COORDINATION.—The Secretary, acting through the Commandant of the Coast Guard, may coordinate with the Secretary of 

the Navy, acting through the Chief of Naval Operations, to develop 

processes by which the assistance will be requested from the Navy 

Systems Commands and provided to the Coast Guard. 

(e) REPORT.—Not later than 120 days after the date of enactment 

of this Act and every twelve months thereafter, the Commandant 

of the Coast Guard shall report to the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the activities 

undertaken pursuant to such memorandum of understanding or 

memorandum of agreement. 

SEC. 808. DEFINITIONS. 

In this title: 


wwoods2 on PRODPC68 with REPORTS
115 

(1) DEEPWATER PROGRAM.—The term ‘‘Deepwater Program’’ means the Integrated Deepwater Systems Program described 

by the Coast Guard in its report to Congress entitled ‘‘Revised 

Deepwater Implementation Plan 2005’’, dated March 25, 2005. 

The Deepwater Program primarily involves the procurement of 

cutter and aviation assets that operate more than 50 miles offshore. 

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the department in which the Coast Guard is operating. 

TITLE IX—MINORITY SERVING 

INSTITUTIONS 

SEC. 901. MSI MANAGEMENT INTERNSHIP PROGRAM. 

(a) ESTABLISHMENT AND PURPOSE.—The Commandant of the 

Coast Guard shall establish a two part management internship 

program for students at minority serving institutions (MSI) to intern at Coast Guard headquarters or a Coast Guard regional office, 

to be known as the ‘‘MSI Management Internship Program’’, to develop a cadre of civilian, career mid-level and senior managers for 

the Coast Guard. 

(b) OPERATION.—The MSI Management Internship Program shall 

be managed by the Secretary of Homeland Security, acting through 

the Commandant of the Coast Guard, in coordination with National 

Association for Equal Opportunity in Higher Education, the Hispanic Association of Colleges and Universities, and the American 

Indian Higher Education Consortium. 

(c) CRITERIA FOR SELECTION.—Participation in the MSI Management Internship Program shall be open to sophomores, juniors, and 

seniors at minority serving institutions, with an emphasis on such 

students who are majoring in management or business administration, international affairs, political science, marine sciences, criminal justice, or any other major related to homeland security. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated $2,000,000 to the Commandant to carry out this 

section. 

SEC. 902. MSI INITIATIVES. 

(a) ESTABLISHMENT OF MSI STUDENT PRE-COMMISSIONING INITIA- TIVE.—The Commandant of the Coast Guard shall establish an 

MSI component of the College Student Pre-Commissioning Initiative (to be known as the ‘‘MSI Student Pre-Commissioning Initiative Program’’) to ensure greater participation by students from 

MSIs in the College Student Pre-Commissioning Initiative. 

(b) PARTICIPATION IN OFFICER CANDIDATE SCHOOL.—The Commandant of the Coast Guard shall ensure that graduates of the 

MSI Student Pre-Commissioning Initiative Program are included 

in the first enrollment for Officer Candidate School that commences after the date of enactment of this title and each enrollment period thereafter. 

(c) REPORTS.—Not later than 90 days after the conclusion of each 

academic year with respect to which the College Student Pre-Commissioning Initiative and the MSI Student Pre-Commissioning Initiative Program is carried out beginning with the first full academic year after the date of the enactment of this title, the ComVerDate Aug 31 2005 04:16 Apr 23, 2008 Jkt 069008 PO 00000 Frm 00115 Fmt 6659 Sfmt 6602 E:\HR\OC\HR604.XXX HR604

wwoods2 on PRODPC68 with REPORTS
116 

mandant shall submit to the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the 

House of Representatives and the Committee on Commerce of the 

Senate a report on the number of students in the College Student 

Pre-Commissioning Initiative and the number of students in the 

MSI Student Pre-Commissioning Initiative Program, outreach efforts, and demographic information of enrollees including, age, gender, race, and disability. 

(d) ESTABLISHMENT OF MSI AVIATION OFFICER CORPS INITIATIVE.—The Commandant of the Coast Guard shall establish an 

MSI Aviation Officer Corps Initiative to increase the diversity of 

the Coast Guard Aviation Officer Corps through an integrated recruiting, accession, training, and assignment process that offers 

guaranteed flight school opportunities to students from minority 

serving institutions. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated $3,000,000 to the Commandant to carry out this 

section. 

SEC. 903. COAST GUARD-MSI COOPERATIVE TECHNOLOGY PROGRAM. 

(a) ESTABLISHMENT.—The Commandant of the Coast Guard shall 

establish a Coast Guard Laboratory of Excellence-MSI Cooperative 

Technology Program at three minority serving institutions to focus 

on priority security areas for the Coast Guard, such as global maritime surveillance, resilience, and recovery. 

(b) COLLABORATION.—The Commandant shall encourage collaboration among the minority serving institutions selected under subsection (a) and institutions of higher education with institutional 

research and academic program resources and experience. 

(c) PARTNERSHIPS.—The heads of the laboratories established at 

the minority serving institutions pursuant to subsection (a) may 

seek to establish partnerships with the private sector, especially 

small, disadvantaged businesses, to—

(1) develop increased research and development capacity; 

(2) increase the number of baccalaureate and graduate degree holders in science, technology, engineering, mathematics 

(STEM), and information technology or other fields critical to 

the mission of the Coast Guard; and 

(3) strengthen instructional ability among faculty. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated $2,500,000 to the Commandant to carry out this 

section, including for instrumentation acquisition and funding undergraduate student scholarships, graduate fellowships, and faculty-post doctoral study. 

SEC. 904. DEFINITION. 

For purposes of this title, the terms ‘‘minority serving institution’’, ‘‘minority serving institutions’’, and ‘‘MSI’’ mean a historically Black college or university (as defined in section 322 of the 

Higher Education Act of 1965), a Hispanic-serving institution (as 

defined in section 502 of such Act), a Tribal College or University 

(as defined in section 316 of such Act), a Predominantly Black institution (as defined in section 499A(c) of such Act), or a Native 

American-serving nontribal institution (as defined in section 

499A(c) of such Act). 


wwoods2 on PRODPC68 with REPORTS
117 

TITLE X—APPEALS TO NATIONAL 

TRANSPORTATION SAFETY BOARD 

SEC. 1001. RIGHTS OF APPEAL REGARDING LICENSES, CERTIFICATES 

OF REGISTRY, AND MERCHANT MARINERS’ DOCUMENTS. 

(a) DENIAL OF ISSUANCE OR RENEWAL.—

(1) LICENSES AND CERTIFICATES OF REGISTRY.—Section 7101 

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

end the following new subsection: 

‘‘(j) APPEALS TO THE NATIONAL TRANSPORTATION SAFETY

BOARD.—

‘‘(1) IN GENERAL.—An individual whose application for the 

issuance or renewal of a license or certificate of registry has 

been denied under this chapter by the Secretary may appeal 

that decision to the National Transportation Safety Board, unless the individual holds a license or certificate that—

‘‘(A) is suspended at the time of the denial; or 

‘‘(B) was revoked within the one-year period ending on 

the date of the denial. 

‘‘(2) PROCEDURE.—The Board shall conduct a hearing on the 

appeal. The Board is not bound by findings of fact of the Secretary but is bound by all validly adopted interpretations of 

laws and regulations the Secretary carries out unless the 

Board finds an interpretation is arbitrary, capricious, or otherwise not according to law. At the end of the hearing, the Board 

shall decide whether the individual meets the requirements for 

issuance or renewal of the license or certificate of registry 

under applicable regulations and standards. The Secretary is 

bound by the Board’s decision.’’. 

(2) MERCHANT MARINERS’ DOCUMENTS.—Section 7302 of title 

46, United States Code, is amended by adding at the end the 

following new subsection: 

‘‘(h) APPEALS TO THE NATIONAL TRANSPORTATION SAFETY

BOARD.—

‘‘(1) IN GENERAL.—An individual whose application for the 

issuance or renewal of a merchant mariners’ document has 

been denied under this chapter by the Secretary may appeal 

that decision to the National Transportation Safety Board, unless the individual holds a merchant mariners’ document 

that—

‘‘(A) is suspended at the time of the denial; or 

‘‘(B) was revoked within the one-year period ending on 

the date of denial. 

‘‘(2) PROCEDURE.—The Board shall conduct a hearing on the 

appeal. The Board is not bound by findings of fact of the Secretary but is bound by all validly adopted interpretations of 

laws and regulations the Secretary carries out unless the 

Board finds an interpretation is arbitrary, capricious, or otherwise not according to law. At the end of the hearing, the Board 

shall decide whether the individual meets the requirements for 

issuance or renewal of the document under applicable regulations and standards. The Secretary is bound by the Board’s decision.’’. 


wwoods2 on PRODPC68 with REPORTS
118 

(b) SUSPENSION AND REVOCATION.—Chapter 77 of title 46, United 

States Code, is amended— (1) in section 7702— (A) by striking subsection (b); and 

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

(2) by adding at the end the following new sections: 

‘‘§ 7707. Appeals to the National Transportation Safety 

Board 

‘‘(a) IN GENERAL.—An individual whose license, certificate of registry, or merchant mariners’ document has been suspended or revoked under this chapter by the Secretary may appeal that decision 

within 30 days to the National Transportation Safety Board. The 

Board shall affirm or reverse the order after providing notice and 

an opportunity for a hearing on the record. In conducting the hearing under this section, the Board is not bound by findings of fact 

of the Secretary but is bound by all validly adopted interpretations 

of laws and regulations the Secretary carries out and of written 

agency policy guidance available to the public related to sanctions 

to be imposed under this section, unless the Board finds an interpretation is arbitrary, capricious, or otherwise not according to law. ‘‘(b) EFFECTIVENESS OF ORDER PENDING APPEAL.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), upon 

the filing by an individual of an appeal with the Board under 

this subsection, the order of the Secretary suspending or revoking the license, certificate of registry, or merchant mariners’ document is stayed. ‘‘(2) EXCEPTION.—If the Secretary notifies the Board that the 

Secretary has determined there exists an emergency affecting 

safety in maritime transportation requires the immediate effectiveness of the order— ‘‘(A) the order shall remain in effect pending disposition 

of the appeal; 

‘‘(B) the Board shall make a final disposition of the appeal not later than 60 days after the Secretary so notifies 

the Board; and 

‘‘(C) if the Board does not act within such 60-day period, 

the order shall continue in effect unless modified by the 

Secretary. 

‘‘(c) REVIEW OF EMERGENCY ORDER.—A person affected by the 

immediate effectiveness of the Secretary’s order under subsection 

(b)(2) may petition for a review by the Board under procedures promulgated by the Board of the Secretary’s determination that an 

emergency exists. Such petition shall be filed with the Board not 

later than 48 hours after the order is received by the person. If the 

Board finds that an emergency does not exist that requires the immediate application of the order in the interest of safety in maritime transportation, the order shall be stayed, notwithstanding 

subsection (b). The Board shall dispose of a petition under this subsection not later than 5 days after the date on which the petition 

is filed. 

‘‘(d) JUDICIAL REVIEW.—An individual who is substantially affected by an order of the Board under this section, or the Secretary 

if the Secretary decides that an order of the Board will have a sigVerDate Aug 31 2005 04:16 Apr 23, 2008 Jkt 069008 PO 00000 Frm 00118 Fmt 6659 Sfmt 6602 E:\HR\OC\HR604.XXX HR604

wwoods2 on PRODPC68 with REPORTS
119 

nificant adverse effect on carrying out this part, may obtain judicial 

review of the order. The Secretary shall be made a party to the judicial review proceedings. In those proceedings, findings of fact of 

the Board are conclusive if supported by substantial evidence. 

‘‘§ 7708. Limitations on the Coast Guard’s conduct of administrative proceedings 

‘‘The Coast Guard shall not conduct any administrative proceeding under section 7101, 7302, 7503, chapter 77, or section 9303 

of this title under any contractual relationship or interagency 

agreement with the National Transportation Safety Board after October 1, 2009.’’; and 

(3) in the analysis at the beginning of the chapter by adding 

at the end the following new items: 

‘‘Sec. 7707. Appeals to the National Transportation Safety Board. 

‘‘Sec. 7708. Limitations on the Coast Guard’s conduct of administrative proceedings.’’. 

(c) EFFECTIVE DATE.—This section shall take effect on October 1, 

2008. 

SEC. 1002. AUTHORITIES OF NATIONAL TRANSPORTATION SAFETY 

BOARD. 

(a) REVIEW OF OTHER AGENCY ACTION.—Section 1133 of title 49, 

United States Code, is amended by striking paragraph (3) and inserting the following: 

‘‘(3) the denial, amendment, modification, suspension, or revocation of a license, certificate, document, or register in a proceeding under section 7101, 7302, 7503, or 9303, or chapter 77, 

of title 46; and’’. 

(b) JUDICIAL REVIEW.—

(1) IN GENERAL.—Section 1153 of title 49, United States 

Code, is amended—

(A) in the heading for subsection (b) by inserting ‘‘and 

maritime’’ after ‘‘aviation’’; and 

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

‘‘(d) SECRETARY SEEKING JUDICIAL REVIEW OF MARITIME MATTERS.—If the Secretary of the department in which the Coast 

Guard is operating decides that an order of the Board under chapter 77 of title 46 will have a significant impact on carrying out this 

chapter with respect to a maritime matter, the Secretary may obtain judicial review of the order. Findings of fact of the Board are 

conclusive in those proceedings if supported by substantial evidence.’’. 

(c) EFFECTIVE DATE.—This section shall take effect on October 1, 

2008. 

SEC. 1003. TRANSFER OF PENDING APPEALS TO THE NATIONAL 

TRANSPORTATION SAFETY BOARD. 

(a) ADMINISTRATION OF PENDING DOCKET.—

(1) TRANSFER OF PENDING CASES.—On October 1, 2008, any 

pending cases remaining undecided by the Coast Guard Office 

of Administrative Law Judges shall be transferred to the National Transportation Safety Board for adjudication. Such cases 

shall be sequenced into the docket of the National Transportation Safety Board Office of Administrative Law Judges in the 

same order as the dates of filing with the Coast Guard. 


wwoods2 on PRODPC68 with REPORTS
120 

(2) DETAIL OF ADMINISTRATIVE LAW JUDGES.—The Secretary 

of the department in which the Coast Guard is operating shall, 

if requested by the Chairman of the National Transportation 

Safety Board, make available to the Board via temporary detail not to exceed 180 days, and thereafter at the discretion of 

the Secretary, Administrative Law Judges currently employed 

by the Coast Guard sufficient to address the docket of maritime enforcement cases transferred by this subsection to the 

National Transportation Safety Board and those subsequently 

filed with the National Transportation Safety Board. 

(3) ADMINISTRATIVE ASSISTANCE.—The Secretary of the department in which the Coast Guard is operating shall, if requested by the Chairman of the National Transportation Safety Board, make available assistance from the administrative 

offices of the Coast Guard Office of the Administrative Law 

Judges sufficient administrative personnel and other resources 

adequate to effect an orderly transfer of pending cases to the 

National Transportation Safety Board. 

(b) TRANSFER OF FUNDS.—For each of fiscal years 2009 and 2010, 

80 percent of all funding appropriated for the Coast Guard’s Office 

of Administrative Law Judges shall be transferred as an interagency transfer to the National Transportation Safety Board and 

used for the Safety Board Office of Administrative Law Judges. 

(c) MARITIME ENFORCEMENT APPEALS ACTIVITY.— (1) IN GENERAL.—The National Transportation Safety Board 

may establish within the National Transportation Safety Board 

Office of Administrative Law Judges a maritime enforcement 

appeals activity, to operate in concert or parallel with the aviation enforcement appeals activity currently existing, sufficient 

to handle maritime enforcement appeals under title 46, United 

States Code, as amended by this title. 

(2) FILLING OF ADMINISTRATIVE LAW JUDGE POSITIONS.—Any 

Administrative Law Judge position established by the National 

Transportation Safety Board to address the cases and responsibilities transferred under this section shall be filled through 

the established Administrative Law Judge hiring process. 

(3) LIMITATION ON EFFECT.—This section shall not be construed—

(A) to transfer from the Coast Guard any personnel, offices, or equipment funded under this provision; or 

(B) to authorize requiring any person to transfer from 

the Coast Guard to the National Transportation Safety 

Board. 

(4) EXEMPTION FROM REGULATIONS RELATING TO REDUCTIONS

IN FORCE.—Any redesignation of agency responsibilities under 

this title is exempt from subpart C of part 351 of title 5, Code 

of Federal Regulations, and does not constitute a transfer of 

function (as that term is defined in section 351.203 of that 

title) for purposes of that subpart. 

SEC. 1004. RULEMAKING REQUIREMENTS. 

(a) INTERIM FINAL RULE.—The National Transportation Safety 

Board shall issue an interim final rule as a temporary regulation 

implementing this title (including the amendments made by this 

title) as soon as practicable after the date of enactment of this Act, 

without regard to chapter 5 of title 5, United States Code. All reguVerDate Aug 31 2005 04:16 Apr 23, 2008 Jkt 069008 PO 00000 Frm 00120 Fmt 6659 Sfmt 6602 E:\HR\OC\HR604.XXX HR604

wwoods2 on PRODPC68 with REPORTS
121 

lations prescribed under the authority of this subsection that are 

not earlier superseded by final regulations shall expire not later 

than 1 year after the date of enactment of this Act. 

(b) INITIATION OF RULEMAKING.—The Board may initiate a rulemaking to implement this title (including the amendments made by 

this title) as soon as practicable after the date of enactment of this 

Act. The final rule issued pursuant to that rulemaking may supersede the interim final rule issued under this section. 

SEC. 1005. ADMINISTRATIVE LAW JUDGE RECRUITING PROGRAM. 

(a) IN GENERAL.—Within 60 days after the date of enactment of 

this Act, the Secretary of the department in which the Coast Guard 

is operating shall establish a program to recruit qualified individuals from appropriate sources in an effort to achieve a workforce 

drawn from all segments of society in the Coast Guard’s Administrative Law Judge program. This program shall include—

(1) improved outreach efforts to include organizations outside 

the Federal Government in order to increase the number of minority candidates in the selection pool for Administrative Law 

Judges from which the Coast Guard selects their judges; and 

(2) recruitment of minority candidates for Coast Guard Administrative Law Judges from other Federal agencies. 

(b) REPORT.—The Secretary shall provide a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate by October 1 of each year detailing the activities of the Coast Guard to comply with the requirements of this 

section. 

TITLE XI—MARINE SAFETY 

SEC. 1101. MARINE SAFETY. 

(a) ESTABLISH MARINE SAFETY AS A COAST GUARD FUNCTION.—

Chapter 5 of title 14, United States Code, is further amended by 

adding at the end the following new section: 

‘‘§ 100. Marine safety 

‘‘To protect life, property, and the environment on, under, and 

over waters subject to the jurisdiction of the United States and on 

vessels subject to the jurisdiction of the United States, the Commandant shall promote maritime safety as follows: 

‘‘(1) By taking actions necessary and in the public interest to 

protect such life, property, and the environment. 

‘‘(2) Based on the following priorities: 

‘‘(A) Preventing marine casualties and threats to the environment. 

‘‘(B) Minimizing the impacts of marine casualties and 

environmental threats. 

‘‘(C) Maximizing lives and property saved and environment protected in the event of a marine casualty.’’. 

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

such chapter is amended by adding at the end the following new 

item: 

‘‘100. Marine safety.’’. 


wwoods2 on PRODPC68 with REPORTS
122 

SEC. 1102. MARINE SAFETY STAFF. 

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

further amended by adding at the end the following new section: 

‘‘§ 57. Marine safety staff 

‘‘(a) ASSISTANT COMMANDANT FOR MARINE SAFETY.—(1) There 

shall be in the Coast Guard an Assistant Commandant for Marine 

Safety who shall be a Rear Admiral or civilian from the Senior Executive Service (career reserved) selected by the Secretary. 

‘‘(2) The Assistant Commandant for Marine Safety shall serve as 

the principal advisor to the Commandant regarding marine safety, 

and carry out the duties and powers delegated and imposed by the 

Secretary under section 631(b). 

‘‘(b) CHIEF OF MARINE SAFETY.—(1) There shall be in each Coast 

Guard sector a Chief of Marine Safety who—

‘‘(A) shall be at least a Commander or civilian at level GS–

14; and 

‘‘(B) shall be colocated with the Coast Guard officer in command of that sector. 

‘‘(2) The chief of marine safety for a sector—

‘‘(A) is responsible for all individuals who, on behalf of the 

Coast Guard, inspect or examine vessels, conduct marine casualty investigations, or perform other marine safety responsibilities defined in section 631(b) in the sector; and 

‘‘(B) if not the Coast Guard officer in command of that sector, 

is the principle advisor to that officers regarding marine safety 

matters in that sector. 

‘‘(c) QUALIFICATIONS.—(1) The Assistant Commandant for Marine 

Safety and the Chiefs of Marine Safety of sectors, and all marine 

safety inspectors, investigators, examiners, and other professional 

staff assigned to the marine safety program of the Coast Guard, 

shall be appointed on the basis of their—

‘‘(A) knowledge, skill, and practical experience in—

‘‘(i) the construction and operation of commercial vessels; 

and 

‘‘(ii) judging the character, strength, stability, and safety 

qualities of such vessels and their equipment; and 

‘‘(B) knowledge about the qualifications and training of vessel personnel. 

‘‘(2) Marine inspectors shall have the training, experience, and 

qualifications equivalent to that required for a surveyor of a similar 

position of a classification society recognized by the Secretary 

under section 3316 of title 46 for the type of vessel, system, or 

equipment that is inspected. 

‘‘(3) Marine casualty investigators shall have the training, experience, and qualifications in investigation, accident reconstruction, 

human factors, and documentation equivalent to that required for 

a marine casualty investigator of the National Transportation Safety Board. 

‘‘(4) The Chief of Marine Safety of a sector shall be a qualified 

marine casualty investigator and marine inspector qualified to inspect vessels, vessel systems, and equipment commonly found in 

the sector. 


wwoods2 on PRODPC68 with REPORTS
123 

‘‘(5) Each individual signing a letter of qualification for marine 

safety personnel must hold a letter of qualification for the type 

they are signing. 

‘‘(6) The Assistant Commandant for Marine Safety shall be a 

qualified marine casualty investigator and a marine inspector 

qualified for types of vessels, vessel systems, and equipment. 

‘‘§ 58. Limited duty officers 

‘‘(a) ESTABLISHMENT.—The Commandant shall establish in the 

Coast Guard a limited duty officer program for marine safety. 

‘‘(b) OFFICER ELIGIBILITY.—(1) Only commissioned officers in the 

Coast Guard with grade not above commander and chief warrant 

officers who have more than four years of marine safety experience 

may serve as limited duty officers under such program. 

‘‘(2) The Commandant may establish other limitations on eligibility that the Commandant believes are necessary for the good of 

the marine safety program. 

‘‘(3) Notwithstanding section 41a and chapter 11 of this title, the 

Commandant shall, by regulation, establish procedures pertaining 

to—

‘‘(A) the promotion of commissioned officers and chief warrant officers who serve as limited duty officers, including the 

maintenance of a separate promotion list for commissioned officers who serve as limited duty officers; 

‘‘(B) the discharge, retirement, and revocation of commissions of such officers; and 

‘‘(C) the separation for cause of such officers. 

‘‘(4) The Commandant shall ensure that the procedures promulgated under paragraph (3)(A) encourage a specialization in marine 

safety and do not, in any way, inhibit or prejudice the orderly promotion or advancement of commissioned officers and chief warrant 

officers who serve as limited duty officers. 

‘‘(5) The Commandant shall, by regulation, prescribe a step increase in the pay system for limited duty officers in the marine 

safety program. 

‘‘(c) RECRUITMENT.—(1) The Commandant shall, by regulation, 

establish procedures pertaining to the recruitment of graduates 

from the United States Merchant Marine Academy and the State 

maritime colleges and individuals holding licenses issued under 

chapter 71 of title 46 to serve as limited duty officers. 

‘‘(2) Not later than the date of the submission of the President’s 

budget request under section 1105 of title 31 for each fiscal year, 

the Commandant shall submit to the Committee on Transportation 

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

report on the Coast Guard’s efforts to recruit graduates from the 

United States Merchant Marine Academy and the State maritime 

colleges and individuals holding licenses issued under chapter 71 

of title 46 to serve as limited duty officers. The report shall include 

information on the number of graduates recruited, the lengths of 

service, the retention rates, and other activities undertaken by the 

Coast Guard to sustain or increase the numbers of recruits and officers. 


wwoods2 on PRODPC68 with REPORTS
124 

‘‘§ 59. Center for Expertise for Marine Safety 

‘‘(a) ESTABLISHMENT.—The Commandant of the Coast Guard may 

establish and operate a one or more Centers for Expertise for Marine Safety (in this section referred to as a ‘Center’). 

‘‘(b) MISSIONS.—The Centers shall—

‘‘(1) be used to provide and facilitate education, training, and 

research in marine safety including vessel inspection and 

casuality investigation; 

‘‘(2) develop a repository of information on marine safety; 

and 

‘‘(3) perform any other missions as the Commandant may 

specify. 

‘‘(c) JOINT OPERATION WITH EDUCATIONAL INSTITUTION AUTHORIZED.—The Commandant may enter into an agreement with an appropriate official of an institution of higher education to—

‘‘(1) provide for joint operation of a Center; and 

‘‘(2) provide necessary administrative services for a Center, 

including administration and allocation of funds. 

‘‘(d) ACCEPTANCE OF DONATIONS.—(1) Except as provided in paragraph (2), the Commandant may accept, on behalf of a Center, donations to be used to defray the costs of the Center or to enhance 

the operation of the Center. Those donations may be accepted from 

any State or local government, any foreign government, any foundation or other charitable organization (including any that is organized or operates under the laws of a foreign country), or any individual. 

‘‘(2) The Commandant may not accept a donation under paragraph (1) if the acceptance of the donation would compromise or 

appear to compromise—

‘‘(A) the ability of the Coast Guard or the department in 

which the Coast Guard is operating, any employee of the Coast 

Guard or the department, or any member of the armed forces 

to carry out any responsibility or duty in a fair and objective 

manner; or 

‘‘(B) the integrity of any program of the Coast Guard, the department in which the Coast Guard is operating, or of any person involved in such a program. 

‘‘(3) The Commandant shall prescribe written guidance setting 

forth the criteria to be used in determining whether or not the acceptance of a donation from a foreign source would have a result 

described in paragraph (2). 

‘‘§ 60. Marine industry training program. 

‘‘(a) IN GENERAL.—The Commandant shall, by policy, establish a 

program under which an officer, member, or employee of the Coast 

Guard may be assigned to a private entity to further the institutional interests of the Coast Guard with regard to marine safety, 

including for the purpose of providing training to an officer, member, or employee. Policies to carry out the program—

‘‘(1) with regard to an employee of the Coast Guard, shall include provisions, consistent with sections 3702 through 3704 of 

title 5, as to matters concerning—

‘‘(A) the duration and termination of assignments; 

‘‘(B) reimbursements; and 


wwoods2 on PRODPC68 with REPORTS
125 

‘‘(C) status, entitlements, benefits, and obligations of 

program participants; and 

‘‘(2) shall require the Commandant, before approving the assignment of an officer, member, or employee of the Coast 

Guard to a private entity, to determine that the assignment is 

an effective use of the Coast Guard’s funds, taking into account 

the best interests of the Coast Guard and the costs and benefits of alternative methods of achieving the same results and 

objectives. 

‘‘(b) ANNUAL REPORT.—Not later than the date of the submission 

each year of the President’s budget request under section 1105 of 

title 31, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and 

the Committee on Commerce, Science, and Transportation of the 

Senate a report that describes—

‘‘(1) the number of officers, members, and employees of the 

Coast Guard assigned to private entities under this section; 

‘‘(2) the specific benefit that accrues to the Coast Guard for 

each assignment.’’. 

(b) CERTIFICATES OF INSPECTION.—Section 3309 of title 46, 

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

‘‘(d) A certificate of inspection issued under this section shall be 

signed by the individuals that inspected the vessel.’’. 

(c) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new items: 

‘‘57. Marine safety staff. 

‘‘58. Limited duty officers. 

‘‘59. Center for Expertise for Marine Safety. 

‘‘60. Marine industry training program.’’. 

SEC. 1103. MARINE SAFETY MISSION PRIORITIES AND LONG TERM 

GOALS. 

(a) IN GENERAL.—Chapter 21 of title 46, United States Code, is 

further amended by adding after section 2116, as added by section 

313 of this Act, the following new section: 

‘‘§ 2117. Marine Safety Strategy, goals, and performance assessments 

‘‘(a) LONG-TERM STRATEGY AND GOALS.—In conjunction with existing federally required strategic planning efforts, the Secretary 

shall develop a long-term strategy for improving vessel safety and 

the safety of individuals on vessels. The strategy shall include the 

issuance each year of an annual plan and schedule for achieving 

the following goals: 

‘‘(1) Reducing the number and rates of marine casualties. 

‘‘(2) Improving the consistency and effectiveness of vessel 

and operator enforcement and compliance programs. 

‘‘(3) Identifying and targeting enforcement efforts at highrisk vessels and operators. 

‘‘(4) Improving research efforts to enhance and promote vessel and operator safety and performance. 

‘‘(b) CONTENTS OF STRATEGY AND ANNUAL PLANS.—

‘‘(1) MEASURABLE GOALS.—The strategy and annual plans 

shall include specific numeric or measurable goals designed to 


wwoods2 on PRODPC68 with REPORTS
126 

achieve the goals set forth in subsection (a). The purposes of 

the numeric or measurable goals are the following: 

‘‘(A) To increase the number of safety examinations on 

all high-risk vessels. 

‘‘(B) To eliminate the backlog of marine safety-related 

rulemakings. 

‘‘(C) To improve the quality and effectiveness of marine 

safety information databases by ensuring that all Coast 

Guard personnel accurately and effectively report all safety, casualty, and injury information. 

‘‘(D) To provide for a sufficient number of Coast Guard 

marine safety personnel, and provide adequate facilities 

and equipment to carry out the powers and duties delegated and imposed by the Secretary under section 631(b). 

‘‘(2) RESOURCE NEEDS.—The strategy and annual plans shall 

include estimates of—

‘‘(A) the funds and staff resources needed to accomplish 

each activity included in the strategy and plans; and 

‘‘(B) the staff skills and training needed for timely and 

effective accomplishment of each goal. 

‘‘(c) SUBMISSION WITH THE PRESIDENT’S BUDGET.—Beginning 

with fiscal year 2010 and each fiscal year thereafter, the Secretary 

shall submit to Congress the strategy and annual plan at the same 

time as the President’s budget submission under section 1105 of 

title 31. 

‘‘(d) ACHIEVEMENT OF GOALS.—

‘‘(1) PROGRESS ASSESSMENT.—No less frequently than semiannually, the Coast Guard Commandant and the Assistant 

Commandant for Marine Safety shall jointly assess the 

progress of the Coast Guard toward achieving the goals set 

forth in subsection (b). The Commandant and the Assistant 

Commandant shall jointly convey their assessment to the employees of the Assistant Commandant and shall identify any 

deficiencies that should be remedied before the next progress 

assessment. 

‘‘(2) REPORT TO CONGRESS.—The Secretary shall report annually to the Committee on Transportation and Infrastructure of 

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

‘‘(A) on the performance of the marine safety program in 

achieving the goals of the marine safety strategy and annual plan under subsection (a) for the year covered by the 

report; 

‘‘(B) on the program’s mission performance in achieving 

numerical measurable goals established under subsection 

(b); and 

‘‘(C) recommendations on how to improve performance of 

the program.’’. 

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

amended by adding at the end the following new item: 

‘‘2117. Marine Safety Strategy, goals, and performance assessments.’’. 

SEC. 1104. POWERS AND DUTIES. 

Section 631 of title 14, United States Code, is amended— (1) by inserting ‘‘(a)’’ before the first sentence; and 


wwoods2 on PRODPC68 with REPORTS
127 

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

‘‘(b) The Assistant Commandant for Marine Safety shall serve as 

the principle advisor to the Commandant regarding—

‘‘(1) the operation, regulation, inspection, identification, manning, and measurement of vessels, including plan approval and 

the application of load lines; 

‘‘(2) approval of materials, equipment, appliances, and associated equipment; 

‘‘(3) the reporting and investigation of marine casualties and 

accidents; 

‘‘(4) the licensing, certification, documentation, protection 

and relief of merchant seamen; 

‘‘(5) suspension and revocation of licenses and certificates; 

‘‘(6) enforcement of manning requirements, citizenship requirements, control of log books; 

‘‘(7) documentation and numbering of vessels; 

‘‘(8) State boating safety programs; 

‘‘(9) commercial instruments and maritime liens; 

‘‘(10) the administration of bridge safety; 

‘‘(11) administration of the navigation rules; 

‘‘(12) the prevention of pollution from vessels; 

‘‘(13) ports and waterways safety; 

‘‘(14) waterways management; including regulation for regattas and marine parades; 

‘‘(15) aids to navigation; and 

‘‘(16) other duties and powers of the Secretary related to marine safety and stewardship. 

‘‘(c) OTHER AUTHORITY NOT AFFECTED.—Nothing in subsection 

(b) affects—

‘‘(1) the authority of Coast Guard officers and members to 

enforce marine safety regulations using authority under section 89 of this title; or 

‘‘(2) the exercise of authority under section 91 of this title 

and the provisions of law codified at sections 191 through 195 

of title 50 on the date of enactment of this paragraph.’’. 

SEC. 1105. APPEALS AND WAIVERS. 

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

further amended by inserting at the end the following new section: 

‘‘§ 102. Appeals and waivers 

‘‘Except for the Commandant of the Coast Guard, any individual 

adjudicating an appeal of a decision or granting a waiver regarding 

marine safety, including inspection or manning and threats to the 

environment, shall be a qualified specialist with the training, experience and qualifications in marine safety to judge the facts and 

circumstances involved in the appeal or waiver and make a judgment regarding the merits of the appeal or waiver. In the case of 

an appeal or waiver involving an inspected vessel, vessel systems 

or equipment, the individual shall hold a letter of qualification to 

inspect the type of vessel, vessel systems or equipment involved in 

the appeal or waiver.’’. 

(b) CLERICAL AMENDMENT.—The analysis for such chapter is further amended by adding at the end the following new item: 

‘‘102. Appeals and waivers.’’. 


wwoods2 on PRODPC68 with REPORTS
128 

SEC. 1106. COAST GUARD ACADEMY. 

(a) IN GENERAL.—Chapter 9 of title 14, United States Code, is 

amended by adding at the end the following new section: 

‘‘§ 199. Marine safety curriculum 

‘‘The Commandant of the Coast Guard shall ensure that professional courses of study in marine safety are provided at the Coast 

Guard Academy, and during other officer accession programs, to 

give Coast Guard cadets and other officer candidates a background 

and understanding of the marine safety program. These courses 

may include such topics as program history, vessel design and construction, vessel inspection, casualty investigation, and administrative law and regulations.’’. 

(b) CLERICAL AMENDMENT.—The analysis for such chapter is further amended by adding at the end the following new item: 

‘‘199. Marine safety curriculum.’’. 

SEC. 1107. GEOGRAPHIC STABILITY. 

(a) IN GENERAL.—Chapter 11 of title 14, United States Code, is 

further amended by inserting after section 336 the following new 

section: 

‘‘§ 337. Geographic stability 

‘‘The Commandant shall establish procedures that provide geographic stability to interested Coast Guard officers, employees, and 

members assigned to the marine safety program carried out under 

section 100 who have a minimum of 10 years of service in the marine safety program.’’. 

(b) CLERICAL AMENDMENT.—The analysis for such chapter is further amended by adding at the end the following new item: 

‘‘337. Geographic stability.’’. 

SEC. 1108. APPRENTICE PROGRAM. 

(a) IN GENERAL.—Chapter 11 of title 14, United States Code, is 

further amended by inserting after section 337, as added by section 

1107 of this Act, the following new section: 

‘‘§ 338. Apprentice program 

‘‘Any officer, member, or employee of the Coast Guard in training 

to become a marine inspector shall serve a minimum of one-year 

apprenticeship, unless otherwise directed by the Commandant of 

the Coast Guard, under the guidance of a qualified inspector before 

conducting unsupervised inspections of vessels under part B of subtitle II of title 46. The Commandant may authorize shorter apprentice periods for certain qualifications, as appropriate.’’. 

(b) CLERICAL AMENDMENT.—The analysis for such chapter is further amended by adding at the end the following new item: 

‘‘338. Apprentice program.’’. 

SEC. 1109. REPORT REGARDING CIVILIAN MARINE INSPECTORS. 

Not later than one year after the date of enactment of this Act, 

the Commandant of the Coast Guard shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on Coast Guard’s efforts to recruit 

and retain civilian marine inspectors and investigators and the imVerDate Aug 31 2005 04:16 Apr 23, 2008 Jkt 069008 PO 00000 Frm 00128 Fmt 6659 Sfmt 6602 E:\HR\OC\HR604.XXX HR604

wwoods2 on PRODPC68 with REPORTS
129 

pact of such recruitment and retention efforts on Coast Guard organizational performance. 

PART B: TEXT OF AMENDMENTS TO BE MADE IN ORDER 

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE OBERSTAR

OF MINNESOTA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title II add the following: 

SEC. ll. POLICY ON SEXUAL HARASSMENT AND SEXUAL VIOLENCE 

AT THE COAST GUARD ACADEMY. 

(a) REQUIRED POLICY.—Under guidance prescribed by the Secretary of the department in which the Coast Guard is operating, 

the Commandant of the Coast Guard shall direct the Superintendent of the Coast Guard Academy to prescribe a policy on sexual harassment and sexual violence applicable to the cadets and 

other personnel of the Academy. 

(b) MATTERS TO BE SPECIFIED IN POLICY.—The policy on sexual 

harassment and sexual violence prescribed under this section shall 

include specification of the following: 

(1) Programs to promote awareness of the incidence of rape, 

acquaintance rape, and other sexual offenses of a criminal nature that involve cadets or other Academy personnel. 

(2) Procedures that a cadet should follow in the case of an 

occurrence of sexual harassment or sexual violence, including— (A) if the cadet chooses to report an occurrence of sexual 

harassment or sexual violence, a specification of the person 

or persons to whom the alleged offense should be reported 

and the options for confidential reporting; 

(B) a specification of any other person whom the victim 

should contact; and 

(C) procedures on the preservation of evidence potentially necessary for proof of criminal sexual assault. 

(3) Procedures for disciplinary action in cases of alleged 

criminal sexual assault involving a cadet or other Academy 

personnel. 

(4) Any other sanction authorized to be imposed in a substantiated case of sexual harassment or sexual violence involving a cadet or other Academy personnel in rape, acquaintance 

rape, or any other criminal sexual offense, whether forcible or 

nonforcible. 

(5) Required training on the policy for all cadets and other 

Academy personnel, including the specific training required for 

personnel who process allegations of sexual harassment or sexual violence involving Academy personnel. 

(c) ANNUAL ASSESSMENT.—

(1) The Secretary, through the Commandant of the Coast 

Guard, shall direct the Superintendent of the Coast Guard 

Academy to conduct an assessment during each Academy program year to determine the effectiveness of the Academy’s policies, training, and procedures on sexual harassment and sexual 

violence involving cadets and other Academy personnel. 

(2) For the assessment for each of the 2009, 2010, 2011, 

2012, and 2013 Academy program years, the Superintendent 

shall conduct a survey of all Academy personnel—


wwoods2 on PRODPC68 with REPORTS
130 

(A) to measure— (i) the incidence, during that program year, of sexual harassment and sexual violence events, on or off 

the Academy reservation, that have been reported to 

officials of the Academy; and 

(ii) the incidence, in that program year, of sexual 

harassment and sexual violence events, on or off the 

Academy reservation, that have not been reported to 

officials of the Academy; and 

(B) to assess the perceptions of Academy personnel on— (i) the policies, training, and procedures on sexual 

harassment and sexual violence involving Academy 

personnel; 

(ii) the enforcement of such policies; 

(iii) the incidence of sexual harassment and violence 

involving Academy personnel in such program year; 

and 

(iv) any other issues relating to sexual harassment 

and violence involving Academy personnel. 

(d) ANNUAL REPORT.—

(1) The Commandant of the Coast Guard shall direct the Superintendent of the Coast Guard Academy to submit to the 

Commandant a report on sexual harassment and sexual violence involving Academy personnel for each of the 2009, 2010, 

2011, 2012, and 2013 Academy program years. 

(2) The annual report under paragraph (1) shall contain, for 

the Academy program year covered by the report, the following 

matters: 

(A) The number of sexual assaults, rapes, and other sexual offenses involving Academy personnel that have been 

reported to Academy officials during the program year, 

and the number of the reported cases that have been substantiated. 

(B) The policies, procedures, and processes implemented 

by the Commandant of the Coast Guard and the leadership of the Coast Guard Academy in response to sexual 

harassment and sexual violence involving Academy personnel during the program year. 

(C) In the report for the 2009 Academy program year, a 

discussion of the survey conducted under subsection (b), together with an analysis of the results of the survey and a 

discussion of any initiatives undertaken on the basis of 

such results and analysis. 

(D) In the report for each of the subsequent Academy 

program years, the results of the annual survey conducted 

in such program year under subsection (b). 

(E) A plan for the actions that are to be taken in the following Academy program year regarding prevention of and 

response to sexual harassment and sexual violence involving Academy personnel. 

(3) The Commandant of the Coast Guard shall transmit the 

annual report on the Coast Guard Academy required under 

this subsection, together with the Commandant’s comments on 

the report, to the Secretary and the Board of Visitors of the 

Academy. 


wwoods2 on PRODPC68 with REPORTS
131 

(4) The Secretary shall transmit the annual report, together 

with the Secretary’s comments on the report, to the Committee 

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

Transportation of the Senate. 

(5) The report for the 2009 Academy program year for the 

Academy shall be submitted to the Commandant of the Coast 

Guard not later than one year after the date of the enactment 

of this Act. 

(6) In this subsection, the term ‘‘Academy program year’’ with respect to a year, means the Academy program year that 

ends in that year. 

At the end of title II add the following: 

SEC. ll. HOME PORT OF COAST GUARD VESSELS IN GUAM. 

Section 96 of title 14, United States Code, is amended— (1) by striking ‘‘a State of the United States’’ and inserting ‘‘the United States or Guam’’; and 

(2) by inserting ‘‘or Guam’’ after ‘‘outside the United States’’. 

At the end of title III add the following: 

SEC. ll. DELEGATION OF AUTHORITY TO CLASSIFICATION SOCIETIES REGARDING OFFSHORE FACILITIES. 

Section 3316 of title 46, United States Code, is amended by adding at the end the following new subsection: ‘‘(d)(1) The Secretary may delegate to the American Bureau of 

Shipping or another classification society recognized by the Secretary as meeting acceptable standards for such a society, for a 

United States offshore facility, the authority to— ‘‘(A) review and approve plans required for issuing a certificate of inspection or certificate of compliance; and ‘‘(B) conduct inspections and examinations. ‘‘(2) The Secretary may make a delegation under paragraph (1) 

to a foreign classification society only if the foreign classification 

society has offices and maintains records in the United States 

and— ‘‘(A) if the government of the foreign country in which the society is headquartered delegates that authority to the American Bureau of Shipping; or ‘‘(B) to the extent the government of the foreign country accepts plan review, inspections, or examinations conducted by 

the American Bureau of Shipping and provides equivalent access to inspect, certify, and provide related services to offshore 

facilities located in that country or operating under the authority of that country. ‘‘(3) When an inspection or examination has been delegated 

under this subsection, the Secretary’s delegate— ‘‘(A) shall maintain in the United States complete files of all 

information derived from or necessarily connected with the inspection or examination for at least 2 years after the United 

States offshore facility ceases to be certified; and ‘‘(B) shall permit access to those files at all reasonable times 

to any officer, employee, or member of the Coast Guard designated—

‘‘(i) as a marine inspector and serving in a position as a 

marine inspector; or 


wwoods2 on PRODPC68 with REPORTS
132 

‘‘(ii) in writing by the Secretary to have access to those 

files. 

‘‘(4) For purposes of this section—

‘‘(A) the term ‘offshore facility’ means any installation, structure, or other device (including any vessel not documented 

under chapter 121 of this title or the laws of another country) 

that is fixed or floating, dynamically holds position or is temporarily or permanently attached to the seabed or subsoil under 

the sea, and is used for the purpose of exploring for, developing, producing, or storing the resources from that seabed or 

subsoil; and 

‘‘(B) the term ‘United States offshore facility’ means any offshore facility, fixed or floating, that dynamically holds position 

or is temporarily or permanently attached to the seabed or 

subsoil under the territorial sea of the United States or the 

outer Continental Shelf (as that term is defined in section 2 of 

the Outer Continental Shelf Lands Act (43 U.S.C. 1331)).’’. 

At the end of title III add the following: 

SEC. ll. REQUIREMENT FOR PILOTS TO CARRY AND UTILIZE PORTABLE ELECTRONIC NAVIGATIONAL DEVICE. 

The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) is 

amended by inserting after section 4A the following: 

‘‘SEC. 4B. PORTABLE ELECTRONIC DEVICE FOR NAVIGATION PURPOSES. 

‘‘(a) IN GENERAL.—The Commandant of the Coast Guard may 

issue regulations that—

‘‘(1) require that any pilot licensed under subtitle II of title 

46, United States Code, while serving under the authority of 

that license as pilot on a covered vessel operating in waters 

designated in the regulation shall carry and utilize a portable 

electronic device that is—

‘‘(A) equipped for navigational purposes; and 

‘‘(B) capable of being connected to an Automatic Identification System; and 

‘‘(2) require such pilots to obtain training in the use of such 

electronic devices, and prescribe requirements for such training 

after consultation with State or local pilotage authorities on 

specific equipment and practices in the waters designated in 

the regulation. 

‘‘(b) DETERMINATION OF NEED.—The Commandant shall consult 

with State or local pilotage authorities for the waters covered by 

the regulations to determine if the carriage and use of such portable electronic devices would improve safe navigation under local 

conditions and whether there is a need for mandatory carriage requirements. ‘‘(c) COVERED VESSEL DEFINED.—In this section the term ‘covered 

vessel’ means a self-propelled commercial vessel of 300 gross tons 

or more that does not have an electronic chart prescribed under 

section 4A.’’. 

At the end of title IV add the following: 

SEC. ll. NEWTOWN CREEK, NEW YORK CITY, NEW YORK. 

(a) STUDY.—The Administrator of the Environmental Protection 

Agency shall conduct a study on the public health, safety, and enviVerDate Aug 31 2005 04:16 Apr 23, 2008 Jkt 069008 PO 00000 Frm 00132 Fmt 6659 Sfmt 6602 E:\HR\OC\HR604.XXX HR604

wwoods2 on PRODPC68 with REPORTS
133 

ronmental concerns related to the underground petroleum spill on 

the Brooklyn shoreline of Newtown Creek, New York City, New 

York, in Greenpoint, Brooklyn, New York. 

(b) FULL-SITE CHARACTERIZATION AND COLLECTION OF NEW

FIELD EVIDENCE.—In carrying out the study under this section, the 

Administrator shall conduct a full-site characterization of the underground petroleum spill, including the investigation, collection, 

and analysis of new and updated data and field evidence on the extent of the petroleum spill, including any portion of the spill that 

has been diluted into surrounding waters, and any surrounding soil 

contamination or soil vapor contamination. 

(c) REPORT.—Not later than one year after the date of enactment 

of this Act, the Administrator shall submit a report containing the 

results of the study to the Committee on Environment and Public 

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

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to carry out this section $5,000,000. 

Page 158, beginning at line 16, strike ‘‘such information to the 

Secretary’’ and insert ‘‘to the Secretary all the entries entered in 

the ballast water record book during the preceding month, and 

transmit such additional information’’. 

Page 172, after line 17, insert the following: 

‘‘The vessels to which this paragraph applies shall conduct ballast water treatment in accordance with subsection (f) when it 

applies. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

LATAURETTE OF OHIO, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES. 

In section 720 (page 257, line 10), after ‘‘resources’’ insert ‘‘, including State and local government resources available in accordance with subsection (b),’’. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MATSUI OF

CALIFORNIA, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES. 

At the end of section 711 add the following new subsection: 

(d) AVAILABILITY OF INCIDENT DATA VIA INTERNET.— (1) WEBSITE.—The Secretary shall maintain, on an Internet 

site of the department in which the Coast Guard is operating, 

a numerical accounting of the missing persons and alleged 

crimes in covered security incidents for which the Secretary receives notification under subsection (a). The data shall be updated no less frequently than quarterly, aggregated by cruise 

line, and each cruise line shall be identified by name. 

(2) ACCESS TO WEBSITE.—Each cruise line taking on or discharging passengers in the United States shall include on its 

Internet site a link to the Internet site referred to in paragraph (1), that is available to the public. 


wwoods2 on PRODPC68 with REPORTS
134 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE POE OF

TEXAS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES. 

At the end of the bill add the following new title: 

TITLE ll—ADDITIONAL 

MISCELLANEOUS PROVISIONS 

SEC. ll. OPERATION OF SUBMERSIBLE OR SEMI-SUBMERSIBLE VESSEL WITHOUT NATIONALITY. 

(a) IN GENERAL.—Chapter 111 of title 18, United States Code, is 

amended by adding at the end the following new section: 

‘‘§ 2285. Operation of submersible or semi-submersible vessel 

without nationality 

‘‘(a) FINDINGS AND DECLARATIONS.—Congress finds and declares 

that operating or embarking in a submersible or semi-submersible 

vessel without nationality and on an international voyage is a serious international problem, facilitates transnational crime, including drug trafficking, and terrorism, and presents a specific threat 

to the safety of maritime navigation and the security of the United 

States. 

‘‘(b) OFFENSES.—

‘‘(1) IN GENERAL.—Whoever knowingly or intentionally operates by any means or embarks in any submersible or semi-submersible vessel that is without nationality and that is navigating or has navigated into, through or from waters beyond 

the outer limit of the territorial sea of a single country or a lateral limit of that country’s territorial sea with an adjacent 

country, shall be punished as prescribed in subsection (h). 

‘‘(2) ATTEMPTS AND CONSPIRACIES.—Whoever attempts or 

conspires to violate this section shall be punished as prescribed 

in subsection (h). 

‘‘(c) DEFINITIONS.—In this section, the term—

‘‘(1) ‘submersible vessel’ means a vessel that is capable of operating below the surface of the water, and includes manned 

and unmanned watercraft. 

‘‘(2) ‘semi-submersible vessel’ means any watercraft constructed or adapted to be capable of putting much of its bulk 

under the surface of the water. 

‘‘(3) ‘vessel without nationality’ has the same meaning as section 70502(d) of title 46. 

‘‘(d) EXTRATERRITORIAL JURISDICTION.—There is extraterritorial 

Federal jurisdiction over the offenses described in this section, including an attempt or conspiracy to commit such offense. 

‘‘(e) CLAIM OF NATIONALITY OR REGISTRY.—

‘‘(1) A claim of nationality or registry under this section includes only—

‘‘(A) possession on board the vessel and production of 

documents evidencing the vessel’s nationality as provided 

in article 5 of the 1958 Convention on the High Seas; 

‘‘(B) flying its nation’s ensign or flag; or 

‘‘(C) a verbal claim of nationality or registry by the master or individual in charge of the vessel. 


wwoods2 on PRODPC68 with REPORTS
135 

‘‘(2) The failure of any submersible or semi-submersible vessel to display registry numbers or a national ensign or flag 

shall create a rebuttable presumption that the vessel is without nationality, as defined in this section. 

‘‘(f) FEDERAL ACTIVITIES.—Nothing in this section applies to lawfully authorized activities carried out by or at the direction of the 

United States Government. 

‘‘(g) APPLICABILITY OF OTHER PROVISIONS.—Sections 70504 and 

70505 of title 46 apply to this section. 

‘‘(h) PENALTIES.—

‘‘(1) VIOLATIONS.—A person violating this section shall be 

fined under this title, imprisoned not more than 20 years, or 

both. 

‘‘(2) CONSECUTIVE SENTENCE.—Notwithstanding any other 

provision of law, a term of imprisonment imposed under this 

section shall be consecutive to the sentence of imprisonment 

for any other offense.’’. 

(b) CONFORMING AMENDMENT.—The table of sections for chapter 

111 of title 18, United States Code, is amended by adding at the 

end the following new item: 

‘‘2285. Operation of submersible or semi-submersible vessel without nationality.’’. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MCNERNEY

OF CALIFORNIA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of the bill add the following new title: 

TITLE ll—ADDITIONAL 

MISCELLANEOUS PROVISIONS 

SEC. ll. LEGAL AUTHORITY OF THE COAST GUARD TO CARRY OUT 

ITS HOMELAND SECURITY MISSIONS NOT IMPAIRED. 

The provisions of this Act governing the marine safety mission 

of the Coast Guard shall not impair the legal authority of the Coast 

Guard to carry out its homeland security missions including—

(1) protecting ports, waterways, coastal security, and the marine transportation system from an act of terrorism; 

(2) securing our borders against aliens seeking to unlawfully 

enter the United States, illegal drugs, firearms, and weapons 

of mass destruction at ports, waterways, and throughout the 

marine transportation system; 

(3) preventing human smuggling operations at ports, waterways, and throughout the marine transportation system; 

(4) maintaining defense readiness to rapidly deploy defensive 

port operations and security operations and environmental defense operations; 

(5) coordinating efforts and intelligence with Federal, State, 

and local agencies to deter, detect, and respond to the threat 

of terrorism at ports, on waterways, and throughout the marine transportation system; 


wwoods2 on PRODPC68 with REPORTS
136 

(6) preventing Osama Bin Laden, al Qaeda, or any other terrorist or terrorist organization from attacking the United 

States or any United States person; 

(7) protecting the United States or any United States person 

from threats posed by weapons of mass destruction or other 

threats to national security. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BILIRAKIS

OF FLORIDA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Strike section 708 and insert the following: 

SEC. 708. MARITIME BIOMETRIC IDENTIFICATION. 

(a) IN GENERAL.—Within one year after the date of the enactment of this Act, the Secretary of Homeland Security, acting 

through the Commandant of the Coast Guard, shall conduct, in the 

maritime environment, a program for the mobile biometric identification of suspected individuals, including terrorists, to enhance 

border security and for other purposes. 

(b) REQUIREMENTS.—The Secretary shall ensure the program required in this section is coordinated with other biometric identification programs within the Department of Homeland Security. 

(c) COST ANALYSIS.—Within 90 days after the date of the enactment of this Act, the Secretary shall submit to the Committees on 

Appropriations and Homeland Security of the House of Representatives and the Committees on Appropriations and Homeland Security and Governmental Affairs of the Senate an analysis of the cost 

of expanding the Coast Guard’s biometric identification capabilities 

for use by the Coast Guard’s Deployable Operations Group, cutters, 

stations, and other deployable maritime teams considered appropriate by the Secretary, and any other appropriate Department of 

Homeland Security maritime vessels and units. The analysis may 

include a tiered plan for the deployment of this program that gives 

priority to vessels and units more likely to encounter individuals 

suspected of making illegal border crossings through the maritime 

environment. 

(d) DEFINITION.—For the purposes of this section, the term ‘‘biometric identification’’ means use of fingerprint and digital photography images. 

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MARKEY

OF MASSACHUSETTS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title VII add the following: 

SEC. 708. REVIEW OF LIQUEFIED NATURAL GAS FACILITIES. 

(a) NOTICE OF DETERMINATION.—Consistent with other provisions 

of law, the Secretary of Homeland Security must notify the Federal 

Energy Regulatory Commission when a determination is made that 

the waterway to a proposed waterside liquefied natural gas facility 

is suitable or unsuitable for the marine traffic associated with such 

facility. 

(b) FEDERAL ENERGY REGULATORY COMMISSION RESPONSE.—The 

Federal Energy Regulatory Commission shall respond to the Secretary’s determination under subsection (a) by informing the SecVerDate Aug 31 2005 04:16 Apr 23, 2008 Jkt 069008 PO 00000 Frm 00136 Fmt 6659 Sfmt 6602 E:\HR\OC\HR604.XXX HR604

wwoods2 on PRODPC68 with REPORTS
137 

retary within 90 days of notification or at the conclusion of any 

available appeal process, whichever is later, of what action the 

Commission has taken, pursuant to its authorities under the Natural Gas Act, regarding a proposal to construct and operate a waterside liquefied natural gas facility subject to a determination 

made under subsection (a). 

8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LOFGREN

OF CALIFORNIA, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title VII add the following: 

SEC. ll. USE OF SECONDARY AUTHENTICATION FOR TRANSPORTATION SECURITY CARDS. 

The Secretary of Homeland Security may use a secondary authentication system for individuals applying for transportation security cards when fingerprints are not able to be taken or read to 

enhance transportation security. 

9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BISHOP OF

NEW YORK, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title VII add the following: 

SEC. ll. REPORT ON STATE AND LOCAL LAW ENFORCEMENT AUGMENTATION OF COAST GUARD RESOURCES WITH RESPECT TO SECURITY ZONES AND UNITED STATES PORTS. 

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

the Secretary of the department in which the Coast Guard is operating shall submit to the Committees on Transportation and Infrastructure and Homeland Security of the House of Representatives 

and the Committees on Commerce, Science, and Transportation 

and Homeland Security and Governmental Affairs of the Senate a 

report on the extent to which State and local law enforcement entities are augmenting Coast Guard resources by enforcing Coast 

Guard-imposed security zones around vessels transiting to, 

through, or from United States ports and conducting port security 

patrols. At a minimum, the report shall specify—

(1) the number of ports in which State and local law enforcement entities are providing any services to enforce Coast 

Guard-imposed security zones around vessels transiting to, 

through, or from United States ports or to conduct security patrols in United States ports; 

(2) the number of formal agreements entered into between 

the Coast Guard and State and local law enforcement entities 

to engage State and local law enforcement entities in the enforcement of Coast Guard-imposed security zones around vessels transiting to, through, or from United States ports or the 

conduct of port security patrols in United States ports, the duration of those agreements, and the aid that State and local 

entities are engaged to provided through these agreements; 

(3) the extent to which the Coast Guard has set national 

standards for training, equipment, and resources to ensure 

that State and local law enforcement entities engaged in enforcing Coast Guard-imposed security zones around vessels 

transiting to, through, or from United States ports or in conVerDate Aug 31 2005 04:16 Apr 23, 2008 Jkt 069008 PO 00000 Frm 00137 Fmt 6659 Sfmt 6602 E:\HR\OC\HR604.XXX HR604

wwoods2 on PRODPC68 with REPORTS
138 

ducting port security patrols in United States ports (or both) 

can deter to the maximum extent practicable a transportation 

security incident (as that term is defined in section 70101 of 

title 46, United States Code); 

(4) the extent to which the Coast Guard has assessed the 

ability of State and local law enforcement entities to carry out 

the security assignments which they have been engaged to perform, including their ability to meet any national standards for 

training, equipment, and resources that have been established 

by the Coast Guard in order to ensure that these entities can 

deter to the maximum extent practicable a transportation security incident (as that term is defined in section 70101 of title 

46, United States Code); 

(5) the extent to which State and local law enforcement entities are able to meet national standards for training, equipment, and resources established by the Coast Guard to ensure 

that those entities can deter to the maximum extent practicable a transportation security incident (as that term is defined in section 70101 of title 46, United States Code); 

(6) the differences in law enforcement authority, and particularly boarding authority, between the Coast Guard and State 

and local law enforcement entities, and the impact that these 

differences have on the ability of State and local law enforcement entities to provide the same level of security that the 

Coast Guard provides during the enforcement of Coast Guardimposed security zones and the conduct of security patrols in 

United States ports; and 

(7) the extent of resource, training, and equipment differences between State and local law enforcement entities and 

the Coast Guard units engaged in enforcing Coast Guard-imposed security zones around vessels transiting to, through, or 

from United States ports or conducting security patrols in 

United States ports. 

10. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BROUN OF

GEORGIA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Strikes titles X and XI. 

11. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CUELLAR

OF TEXAS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end the following: 

TITLE ll—ADDITIONAL 

MISCELLANEOUS PROVISIONS 

SEC. ll. MISSION REQUIREMENT ANALYSIS FOR NAVIGABLE PORTIONS OF THE RIO GRANDE RIVER, TEXAS, INTERNATIONAL WATER BOUNDARY. 

Not later than 90 days after the date of the enactment of this 

Act, the Secretary of the department in which the Coast Guard is 

operating shall prepare a mission requirement analysis for the navigable portions of the Rio Grande River, Texas, international water 


wwoods2 on PRODPC68 with REPORTS
139 

boundary. The analysis shall take into account the Coast Guard’s 

involvement on the Rio Grande River by assessing Coast Guard 

missions, assets, and personnel assigned along the Rio Grande 

River. The analysis shall also identify what would be needed for 

the Coast Guard to increase search and rescue operations, migrant 

interdiction operations, and drug interdiction operations. 

12. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KIRK OF

ILLINOIS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 184, line 22, after ‘‘subparagraph (A)’’ insert ‘‘or (B).’’

13. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SMITH OF

TEXAS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Add at the end the following: 

TITLE XII—ALIEN SMUGGLING 

SEC. 1201. MARITIME LAW ENFORCEMENT. 

(a) PENALTIES.—Subsection (b) of section 2237 of title 18, United 

States Code, is amended to read as follows: ‘‘(b)(1) Whoever intentionally violates this section shall, unless 

the offense is described in paragraph (2), be fined under this title 

or imprisoned for not more than 5 years, or both. ‘‘(2) If the offense— ‘‘(A) is committed in the course of a violation of section 274 

of the Immigration and Nationality Act (alien smuggling); 

chapter 77 (peonage, slavery, and trafficking in persons), section 111 (shipping), 111A (interference with vessels), 113 (stolen property), or 117 (transportation for illegal sexual activity) 

of this title; chapter 705 (maritime drug law enforcement) of 

title 46, or title II of the Act of June 15, 1917 (Chapter 30; 40 

Stat. 220), the offender shall be fined under this title or imprisoned for not more than 10 years, or both; 

‘‘(B) results in serious bodily injury (as defined in section 

1365 of this title) or transportation under inhumane conditions, the offender shall be fined under this title, imprisoned 

not more than 15 years, or both; or 

‘‘(C) results in death or involves kidnapping, an attempt to 

kidnap, the conduct required for aggravated sexual abuse (as 

defined in section 2241 without regard to where it takes place), 

or an attempt to commit such abuse, or an attempt to kill, be 

fined under such title or imprisoned for any term of years or 

life, or both.’’. 

(b) LIMITATION ON NECESSITY DEFENSE.—Section 2237(c) of title 

18, United States Code, is amended—

(1) by inserting ‘‘(1)’’ after ‘‘(c)’’; 

(2) by adding at the end the following: 

‘‘(2) In a prosecution for a violation of this section, no defense 

based on necessity can be raised unless the defendant—

‘‘(A) as soon as practicable upon reaching shore, delivered 

the person with respect to which the necessity arose to emergency medical or law enforcement personnel; 


wwoods2 on PRODPC68 with REPORTS
140 

‘‘(B) as soon as practicable, reported to the Coast Guard the 

circumstances of the necessity resulting giving rise to the defense; and 

‘‘(C) did not bring, attempt to bring, or in any manner intentionally facilitate the entry of any alien, as that term is defined 

in section 101(a)(3) of the Immigration and Nationality Act (8 

U.S.C. 1101 (a)(3)), into the land territory of the United States 

without lawful authority, unless exigent circumstances existed 

that placed the life of that alien in danger, in which case the 

reporting requirement of subparagraph (B) is satisfied by notifying the Coast Guard as soon as practicable after delivering 

that person to emergency medical or law enforcement personnel ashore.’’. 

(c) DEFINITION.—Section 2237(e) of title 18, United States Code, 

is amended—

(1) by striking ‘‘and’’ at the end of paragraph (3); 

(2) by striking the period at the end of paragraph (4) and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(5) the term ‘transportation under inhumane conditions’

means the transportation of persons in an engine compartment, storage compartment, or other confined space, transportation at an excessive speed, transportation of a number of persons in excess of the rated capacity of the means of transportation, or intentionally grounding a vessel in which persons are 

being transported.’’. 

SEC. 1202. AMENDMENT TO THE SENTENCING GUIDELINES. 

(a) IN GENERAL.—Pursuant to its authority under section 994 of 

title 28, United States Code, and in accordance with this section, 

the United States Sentencing Commission shall review and, if appropriate, amend the sentencing guidelines and policy statements 

applicable to persons convicted of alien smuggling offenses and 

criminal failure to heave to or obstruction of boarding. 

(b) CONSIDERATIONS.—In carrying out this subsection, the Sentencing Commission, shall—

(1) consider providing sentencing enhancements or stiffening 

existing enhancements for those convicted of offenses described 

in paragraph (1) of this subsection that—

(A) involve a pattern of continued and flagrant violations; 

(B) are part of an ongoing commercial organization or 

enterprise; 

(C) involve aliens who were transported in groups of 10 

or more; 

(D) involve the transportation or abandonment of aliens 

in a manner that endangered their lives; or 

(E) involve the facilitation of terrorist activity; and 

(2) consider cross-references to the guidelines for Criminal 

Sexual Abuse and Attempted Murder. 

(c) EXPEDITED PROCEDURES.—The Commission may promulgate 

the guidelines or amendments under this subsection in accordance 

with the procedures set forth in section 21(a) of the Sentencing Act 

of 1987, as though the authority under that Act had not expired. 


wwoods2 on PRODPC68 with REPORTS
141 

In the table of sections in section 2 of the bill add at the end the 

following: 

‘‘TITLE XII—ALIEN SMUGGLING 

‘‘Sec. 1201. Maritime law enforcement. 

‘‘Sec. 1202. Amendment to the sentencing guidelines.’’. 

14. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE JACKSON

LEE OF TEXAS OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title VII add the following new section: 

SEC. ll. ASSESSMENT OF TRANSPORTATION SECURITY CARD ENROLLMENT SITES. 

(a) IN GENERAL.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Homeland Security shall prepare an assessment of the enrollment sites for transportation security cards issued under section 70105 of title 46, United States 

Code, including—

(1) the feasibility of keeping those enrollment sites open 24 

hours per day, and 7 days per week, in order to better handle 

the large number of applications for such cards; 

(2) the feasibility of keeping those enrollment sites open 

after September 25, 2008; 

(3) the quality of customer service, including the periods of 

time individuals are kept on hold on the telephone, whether 

appointments are kept, and processing times for applications. 

(b) TIMELINES AND BENCHMARKS.—The Secretary shall develop 

timelines and benchmarks for implementing the findings of the assessment as the Secretary deems necessary. 

15. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE STUPAK

OF MICHIGAN, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

SEC. ll. LAND CONVEYANCE, COAST GUARD PROPERTY IN MARQUETTE COUNTY, MICHIGAN, TO THE CITY OF MARQUETTE, MICHIGAN. 

(a) CONVEYANCE AUTHORIZED.—The Commandant of the Coast 

Guard may convey, without consideration, to the City of Marquette, 

Michigan (in this section referred to as the ‘‘City’’), all right, title, 

and interest of the United States in and to a parcel of real property, together with any improvements thereon, located in Marquette County, Michigan, that is under the administrative control 

of the Coast Guard, consists of approximately 5.5 acres, and is commonly identified as Coast Guard Station Marquette and Lighthouse 

Point. 

(b) RETENTION OF CERTAIN EASEMENTS.—In conveying the property under subsection (a), the Commandant of the Coast Guard 

may retain such easements over the property as the Commandant 

considers appropriate for access to aids to navigation. 

(c) LIMITATIONS.—The property to be conveyed by subsection (a) 

may not be conveyed under that subsection until—

(1) the Coast Guard has relocated Coast Guard Station Marquette to a newly constructed station; 

(2) any environmental remediation required under Federal 

law with respect to the property has been completed; 


wwoods2 on PRODPC68 with REPORTS
142 

(3) the Commandant of the Coast Guard determines that retention of the property by the United States is not required to 

carry out Coast Guard missions or functions. 

(d) CONDITIONS OF TRANSFER.—All conditions placed within the 

deed of title of the property to be conveyed under subsection (a) 

shall be construed as covenants running with the land. 

(e) INAPPLICABILITY OF SCREENING OR OTHER REQUIREMENTS.— The conveyance of property authorized by subsection (a) shall be 

made without regard to the following; 

(1) Section 2696 of title 10, United States Code. 

(2) Chapter 5 of title 40, United States Code. 

(3) Any other provision of law relating to the screening, evaluation, or administration of excess or surplus Federal property 

prior to conveyance by the Administrator of General Services. 

(f) EXPIRATION OF AUTHORITY.—The authority in subsection (a) 

shall expire on the date that is five years after the date of the enactment of this Act. 

(g) DESCRIPTION OF PROPERTY.—The exact acreage and legal description of the property to be conveyed under subsection (a) shall 

be determined by a survey satisfactory to the Commandant of the 

Coast Guard. The cost of the survey shall be borne by the United 

States. 

(h) ADDITIONAL TERMS AND CONDITIONS.—The Commandant of 

the Coast Guard may require such additional terms and conditions 

in connection with the conveyance authorized by subsection (a) as 

the Commandant considers appropriate to protect the interests of 

the United States. 

Æ 


wwoods2 on PRODPC68 with REPORTS