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[House Report 110-604]
[From the U.S. Government Publishing Office]

110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-604

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

 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2830) TO AUTHORIZE 
APPROPRIATIONS FOR THE COAST GUARD FOR FISCAL YEAR 2008, AND FOR OTHER 
                                PURPOSES

                                _______
                                

   April 22, 2008.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

    Mr. Arcuri, from the Committee on Rules, submitted the following

                              R E P O R T

                      [To accompany H. Res. 1126]

    The Committee on Rules, having had under consideration 
House Resolution 1126, by a non-record vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 2830, the 
``Coast Guard Authorization Act of 2007,'' under a structured 
rule. The resolution provides for one hour of general debate, 
with 40 minutes equally divided and controlled by the chairman 
and ranking minority member of the Committee on Transportation 
and Infrastructure and 20 minutes equally divided and 
controlled by the chairman and ranking minority member of the 
Committee on Homeland Security.
    The resolution waives all points of order against 
consideration of the bill except those arising under clause 9 
or 10 of rule XXI. In lieu of the amendments in the nature of a 
substitute recommended by the Committees on Transportation and 
Infrastructure, Homeland Security, and the Judiciary now 
printed in the bill, the resolution provides that the amendment 
in the nature of a substitute printed in part A of this report 
shall be an original bill for the purpose of amendment. The 
resolution provides that the amendment in the nature of a 
substitute printed in part A of this report shall be considered 
as read. The resolution waives all points of order against the 
amendment in the nature of a substitute printed in part A of 
this report except those arising under clause 10 of rule XXI. 
This does not affect the point of order available under clause 
9 of rule XXI (regarding earmark disclosure).
    The resolution makes in order only those further amendments 
printed in part B of this report. The amendments made in order 
may be offered only in the order printed in this report, may be 
offered only by a Member designated in this report, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, shall not be subject to amendment, and shall 
not be subject to a demand for a division of the question in 
the House or in the Committee of the Whole. The resolution 
waives all points of order against the amendments except those 
arising under clause 9 or 10 of rule XXI.
    The resolution provides one motion to recommit with or 
without instructions. In addition, in the engrossment of H.R. 
2830, the Clerk is directed to add at the end the text of H.R. 
2399, the ``Alien Smuggling and Terrorism Prevention Act of 
2007,'' as it passed the House. The rule provides that, 
notwithstanding the operation of the previous question, the 
Chair may postpone further consideration to a time designated 
by the Speaker. Finally, the rule authorizes the chairman of 
the Judiciary Committee to file a supplemental report on H.R. 
2830.

                         EXPLANATION OF WAIVERS

    Although the rule waives all points of order against the 
bill and its consideration (except those arising under clause 9 
or 10 of rule XXI), the Committee is not aware of any points of 
order against the bill or its consideration. The waivers of all 
points of order against the bill and its consideration (except 
those arising under clause 9 or 10 of rule XXI) are 
prophylactic in nature.

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

    The amendment in the nature of a substitute increases FY08 
funding to the Coast Guard to $8.4 billion. It increases the 
authorized number of Coast Guard personnel by 1,500 members, to 
47,000. The amendment in the nature of a substitute increases 
maritime security response teams. It mandates protection and 
enforcement of security zones encompassing all Liquefied 
Natural Gas (LNG) areas by the Coast Guard. It requires 
certification that the Coast Guard has adequate resources to 
provide such protection. It directs the Department of Homeland 
Security to provide an analysis of the threat and consequences 
of a terrorist attack on gasoline and chemical shipments and 
report the findings to Congress. The amendment in the nature of 
a substitute establishes an Assistant Commandant for Port and 
Waterways Security responsible for overseeing all regulations 
dealing with security in U.S. ports and waterways. It 
eliminates Lead System Integrators for the Deepwater Program, 
establishing instead a civilian Chief Acquisitions Officer 
reporting directly to the Coast Guard Commandant. It increases 
safety requirements on commercial fishing vessels and mandates 
training for operators. It requires lower emissions of sulfur 
oxide and nitrogen oxide so that ships meet EPA standards and 
the U.S. complies with an international maritime pollution 
convention. It requires double hulls on ships carrying more 
than 600 cubic meters of oil. It requires ships to begin 
installing ballast water treatment systems to protect against 
the introduction of invasive species into U.S. ports and 
waterways. The amendment would consider all Coast Guard vessels 
homeported in Guam as ineligible to receive repairs at foreign 
shipyards. It would require the Coast Guard Academy to 
establish a policy on sexual harassment. It would authorize the 
Coast Guard to issue regulations requiring licensed pilots to 
carry portable electronic devices for navigation. Finally, it 
would require the EPA to study the underground petroleum spill 
on the Brooklyn shoreline.

          SUMMARY OF AMENDMENTS IN PART B TO BE MADE IN ORDER

    (Summaries derived from information provided by sponsors.)
    1. Oberstar (MN): The amendment in the nature of a 
substitute increases FY08 funding to the Coast Guard to $8.4 
billion. It increases the authorized number of Coast Guard 
personnel by 1,500 members, to 47,000. The amendment in the 
nature of a substitute increases maritime security response 
teams. It mandates protection and enforcement of security zones 
encompassing all Liquefied Natural Gas (LNG) areas by the Coast 
Guard. It requires certification that the Coast Guard has 
adequate resources to provide such protection. It directs the 
Department of Homeland Security to provide an analysis of the 
threat and consequences of a terrorist attack on gasoline and 
chemical shipments and report the findings to Congress. The 
amendment in the nature of a substitute establishes an 
Assistant Commandant for Port and Waterways Security 
responsible for overseeing all regulations dealing with 
security in U.S. ports and waterways. It eliminates Lead System 
Integrators for the Deepwater Program, establishing instead a 
civilian Chief Acquisitions Officer reporting directly to the 
Coast Guard Commandant. It increases safety requirements on 
commercial fishing vessels and mandates training for operators. 
It requires lower emissions of sulfur oxide and nitrogen oxide 
so that ships meet EPA standards and the U.S. complies with an 
international maritime pollution convention. It requires double 
hulls on ships carrying more than 600 cubic meters of oil. It 
requires ships to begin installing ballast water treatment 
systems to protect against the introduction of invasive species 
into U.S. ports and waterways. The amendment would consider all 
Coast Guard vessels homeported in Guam as ineligible to receive 
repairs at foreign shipyards. It would require the Coast Guard 
Academy to establish a policy on sexual harassment. It would 
authorize the Coast Guard to issue regulations requiring 
licensed pilots to carry portable electronic devices for 
navigation. Finally, it would require the EPA to study the 
underground petroleum spill on the Brooklyn shoreline. (10 
minutes)
    2. LaTourette (OH)/Boustany (LA): Would amend section 720 
of the substitute (regarding waterside security around 
liquified natural gas tankers and terminals) to state that the 
Coast Guard may consider security assets and personnel provided 
by state and local officials contracted or otherwise made 
available to an LNG terminal operator in determining whether 
security resources are available to carry out necessary 
waterside security measures. (10 minutes)
    3. Matsui (CA)/Poe (TX)/Maloney (NY)/Shays (CT): Would 
require the Secretary of the department in which the Coast 
Guard is operating to maintain on an Internet site a numerical 
accounting of missing persons and alleged crimes committed on 
cruise ships. The database would be updated quarterly and 
aggregated by cruise line. The amendment would require cruise 
lines to include a link to this database on their public 
websites. (10 minutes)
    4. Poe (TX): Would state the findings of Congress that 
stateless submersible or semi-submersible vessels on 
international voyages are a serious international problem, 
facilitate international crimes, and are a threat to the safety 
and security of the United States. The amendment would make it 
a federal criminal offense subject to fines, imprisonment, or 
both for the operation and embarkation of any stateless 
submersible or semi-submersible vessel. (10 minutes)
    5. McNerney (CA): States that the marine safety provisions 
of the bill shall not impair the legal authority of the Coast 
Guard to carry out its homeland security mission, including 
protecting ports and waterways, stopping human smuggling, and 
preventing terrorist organizations from attacking the United 
States. (10 minutes)
    6. Bilirakis (FL): Would strike section 708 of the 
substitute amendment (maritime biometric identification) and 
replace it with a requirement that the Commandant of the Coast 
Guard, within one year of enactment, conduct a program for the 
mobile biometric identification of suspected individuals, 
including terrorists, to enhance border security. It also would 
require a cost analysis of expanding these capabilities to 
other Coast Guard and DHS vessels. The analysis may include a 
plan to give priority to vessels and units more likely to 
encounter those suspected of making illegal border crossings 
through the maritime environment. (10 minutes)
    7. Markey (MA): Would direct the Secretary of Homeland 
Security to notify the Federal Energy Regulatory Commission 
(FERC) of any determination by the Secretary that a proposed 
waterside liquefied natural gas (LNG) facility is suitable or 
unsuitable for the marine traffic associated with the LNG 
facility. Within 90 days of such notification, FERC must 
respond to the Secretary's determination with what action the 
Commission has taken regarding a proposal to construct and 
operate a waterside LNG. (10 minutes)
    8. Lofgren (CA): Would allow the Secretary of Homeland 
Security to use a secondary authentication system for 
individuals applying for transportation security cards when 
fingerprints are not able to be taken or read to enhance 
transportation security. (10 minutes)
    9. Bishop, Tim (NY): Would require the Secretary of the 
department in which the Coast Guard is operating to study, 
within 180 days of enactment, the role of state and local law 
enforcement in augmenting Coast Guard resources by enforcing 
Coast Guard-imposed security zones around vessels transiting 
to, through, or from U.S. ports and conducting port security 
patrols. (10 minutes)
    10. Broun (GA): Would strike title X (appeals to national 
transportation safety board) and title XI (marine safety) from 
the bill. (10 minutes)
    11. Cuellar (TX): Would direct the Secretary of the 
department in which the Coast Guard is operating, within 90 
days of enactment, to conduct a mission requirement analysis 
for the navigable portions of the Rio Grande River, Texas, 
international water boundary. The analysis would identify what 
resources would be needed to further the Coast Guard's mission 
along the Rio Grande River. (10 minutes)
    12. Kirk (IL): Would include vessels that operate 
exclusively in the Great Lakes ecosystem among vessels that 
would be required to have a ballast water treatment system, at 
the request of the Secretary of Agriculture. (10 minutes)
    13. Smith, Lamar (TX): Would add a new title to the bill to 
enhance federal criminal penalties for alien smuggling. (10 
minutes)
    14. Jackson-Lee (TX): Directs the Secretary of Homeland 
Security to assess, within 30 days of enactment, the enrollment 
sites for transportation security cards, including the 
feasibility of keeping them open for longer durations and the 
quality of their customer service and application processing 
times. (10 minutes)
    15. Stupak (MI): Would permit the Commandant of the Coast 
Guard to convey, without consideration, the Coast Guard Station 
Marquette and Lighthouse Point in Marquette County, Michigan, 
to the City of Marquette, Michigan. The conveyance could not 
occur until the Coast Guard has relocated to a newly 
constructed station, any environmental remediation required 
under federal law has been completed, and the Commandant of the 
Coast Guard determines that retention of the lighthouse is not 
needed for Coast Guard missions. (10 minutes)

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

  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Coast Guard Authorization Act 
of 2008''.

SEC. 2. TABLE OF CONTENTS.

  The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

                         TITLE I--AUTHORIZATION

Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Transfer of bridge administration program authority and 
          functions.

                          TITLE II--COAST GUARD

Sec. 201. Appointment of civilian Coast Guard judges.
Sec. 202. Industrial activities.
Sec. 203. Reimbursement for medical-related travel expenses.
Sec. 204. Commissioned officers.
Sec. 205. Coast Guard participation in the Armed Forces Retirement Home 
          (AFRH) system.
Sec. 206. Grants to international maritime organizations.
Sec. 207. Emergency leave retention authority.
Sec. 208. Enforcement authority.
Sec. 209. Repeal.
Sec. 210. Admirals and Vice Admirals.
Sec. 211. Merchant Mariner Medical Advisory Committee.
Sec. 212. Reserve commissioned warrant officer to lieutenant program.
Sec. 213. Enhanced status quo officer promotion system.
Sec. 214. Laser Training System.
Sec. 215. Coast Guard vessels and aircraft.
Sec. 216. Coast Guard District Ombudsmen.
Sec. 217. Ensuring contracting with small business concerns and 
          disadvantaged business concerns.
Sec. 218. Assistant Commandant for Port and Waterway Security.
Sec. 219. Small business procurements.
Sec. 220. Enforcement of coastwise trade laws.
Sec. 221. Nomination and appointment of cadets at the Coast Guard 
          Academy.

                   TITLE III--SHIPPING AND NAVIGATION

Sec. 301. Vessel size limits.
Sec. 302. Goods and services.
Sec. 303. Seaward extension of anchorage grounds jurisdiction.
Sec. 304. Maritime Drug Law Enforcement Act amendment-simple possession.
Sec. 305. Technical amendments to tonnage measurement law.
Sec. 306. Cold weather survival training.
Sec. 307. Fishing vessel safety.
Sec. 308. Mariner records.
Sec. 309. Deletion of exemption of license requirement for operators of 
          certain towing vessels.
Sec. 310. Adjustment of liability limits for natural gas deepwater 
          ports.
Sec. 311. Period of limitations for claims against Oil Spill Liability 
          Trust Fund.
Sec. 312. Log books.
Sec. 313. Unsafe operation.
Sec. 314. Approval of survival craft.
Sec. 315. Safety management.
Sec. 316. Protection against discrimination.
Sec. 317. Dry bulk cargo residue.
Sec. 318. Oil fuel tank protection.
Sec. 319. Registry endorsement for LNG vessels.
Sec. 320. Oaths.
Sec. 321. Duration of credentials.
Sec. 322. Fingerprinting.
Sec. 323. Authorization to extend the duration of licenses, certificates 
          of registry, and merchant mariners' documents.
Sec. 324. Merchant mariner documentation.
Sec. 325. Merchant mariner assistance report.
Sec. 326. Merchant mariner shortage report.
Sec. 327. Merchant mariner document standards.
Sec. 328. Report on Coast Guard determinations.
Sec. 329. Pilot required.
Sec. 330. Offshore supply vessels.
Sec. 331. Recreational vessel operator education and training.
Sec. 332. Ship emission reduction technology demonstration project.

                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Certificate of documentation for GALLANT LADY.
Sec. 402. Waiver.
Sec. 403. Great Lakes Maritime Research Institute.
Sec. 404. Conveyance.
Sec. 405. Crew wages on passenger vessels.
Sec. 406. Technical corrections.
Sec. 407. Conveyance of decommissioned Coast Guard Cutter STORIS.
Sec. 408. Repeal of requirement of license for employment in the 
          business of salvaging on the coast of Florida.
Sec. 409. Right-of-first-refusal for Coast Guard property on Jupiter 
          Island, Florida.
Sec. 410. Conveyance of Coast Guard HU-25 Falcon Jet aircraft.
Sec. 411. Decommissioned Coast Guard vessels for Haiti.
Sec. 412. Extension of period of operation of vessel for setting, 
          relocation, or recovery of anchors or other mooring equipment.
Sec. 413. Vessel traffic risk assessments.
Sec. 414. Vessel MARYLAND INDEPENDENCE.
Sec. 415. Study of relocation of Coast Guard Sector Buffalo facilities.
Sec. 416. Conveyance of Coast Guard vessel to Coahoma County, 
          Mississippi.
Sec. 417. Conveyance of Coast Guard vessel to Warren County, 
          Mississippi.
Sec. 418. Conveyance of Coast Guard vessel to Washington County, 
          Mississippi.
Sec. 419. Coast Guard assets for United States Virgin Islands.
Sec. 420. Conveyance of the Presque Isle Light Station fresnel lens to 
          Presque Isle Township, Michigan.
Sec. 421. Fishing in South Pacific tuna treaty convention area.
Sec. 422. Assessment of needs for additional Coast Guard presence in 
          high latitude regions.
Sec. 423. Study of regional response vessel and salvage capability for 
          Olympic Peninsula coast, Washington.
Sec. 424. Report on projected workload at the Coast Guard Yard in Curtis 
          Bay, Maryland.
Sec. 425. Study of bridges over navigable waters.
Sec. 426. Limitation on jurisdiction of States to tax certain seamen.
Sec. 427. Decommissioned Coast Guard vessels for Bermuda.
Sec. 428. Recreational marine industry.
Sec. 429. Conveyance of Coast Guard vessels to Nassau County, New York.

                    TITLE V--BALLAST WATER TREATMENT

Sec. 501. Short title.
Sec. 502. Declaration of goals and purposes.
Sec. 503. Ballast water management.
Sec. 504. National ballast water management information.
Sec. 505. Ballast water management evaluation and demonstration program.
Sec. 506. Rapid response plan.
Sec. 507. Authorization of appropriations.

                 TITLE VI--MARITIME POLLUTION PREVENTION

Sec. 601. Short title.
Sec. 602. References.
Sec. 603. Definitions.
Sec. 604. Applicability.
Sec. 605. Administration and enforcement.
Sec. 606. Certificates.
Sec. 607. Reception facilities.
Sec. 608. Inspections.
Sec. 609. Amendments to the protocol.
Sec. 610. Penalties.
Sec. 611. Effect on other laws.

                        TITLE VII--PORT SECURITY

Sec. 701. Maritime homeland security public awareness program.
Sec. 702. Transportation Worker Identification Credential.
Sec. 703. Study to identify redundant background records checks.
Sec. 704. Review of interagency operational centers.
Sec. 705. Maritime security response teams.
Sec. 706. Coast Guard detection canine team program expansion.
Sec. 707. Coast Guard port assistance program.
Sec. 708. Maritime biometric identification.
Sec. 709. Review of potential threats.
Sec. 710. Port security pilot.
Sec. 711. Advance notice of port arrival of significant or fatal 
          incidents involving U.S. persons.
Sec. 712. Safety and security assistance for foreign ports.
Sec. 713. Seasonal workers.
Sec. 714. Comparative risk assessment of vessel-based and facility-based 
          liquefied natural gas regasification processes.
Sec. 715. Pilot Program for fingerprinting of maritime workers.
Sec. 716. Transportation security cards on vessels.
Sec. 717. International labor study.
Sec. 718. Maritime security advisory committees.
Sec. 719. Seamen's shoreside access.
Sec. 720. Waterside security around liquefied natural gas terminals and 
          liquefied natural gas tankers.

          TITLE VIII--COAST GUARD INTEGRATED DEEPWATER PROGRAM

Sec. 801. Short title.
Sec. 802. Implementation of Coast Guard Integrated Deepwater Acquisition 
          Program.
Sec. 803. Chief Acquisition Officer.
Sec. 804. Testing and certification.
Sec. 805. National Security Cutters.
Sec. 806. Miscellaneous reports.
Sec. 807. Use of the Naval Sea Systems Command, the Naval Air Systems 
          Command, and the Space and Naval Warfare Systems Command to 
          assist the Coast Guard in exercising technical authority for 
          the Deepwater Program and other Coast Guard acquisition 
          programs.
Sec. 808. Definitions.

                 TITLE IX--MINORITY SERVING INSTITUTIONS

Sec. 901. MSI Management Internship Program.
Sec. 902. MSI initiatives.
Sec. 903. Coast Guard-MSI Cooperative Technology Program.
Sec. 904. Definition.

        TITLE X--APPEALS TO NATIONAL TRANSPORTATION SAFETY BOARD

Sec. 1001. Rights of appeal regarding licenses, certificates of 
          registry, and merchant mariners' documents.
Sec. 1002. Authorities of National Transportation Safety Board.
Sec. 1003. Transfer of pending appeals to the National Transportation 
          Safety Board.
Sec. 1004. Rulemaking requirements.
Sec. 1005. Administrative Law Judge recruiting program.

                         TITLE XI--MARINE SAFETY

Sec. 1101. Marine safety.
Sec. 1102. Marine safety staff.
Sec. 1103. Marine safety mission priorities and long term goals.
Sec. 1104. Powers and duties.
Sec. 1105. Appeals and waivers.
Sec. 1106. Coast Guard Academy.
Sec. 1107. Geographic stability.
Sec. 1108. Apprentice program.
Sec. 1109. Report regarding civilian marine inspectors.

                         TITLE I--AUTHORIZATION

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

  Funds are authorized to be appropriated for fiscal year 2008 
for necessary expenses of the Coast Guard as follows:
          (1) For the operation and maintenance of the Coast 
        Guard, $5,965,742,000, of which--
                  (A) $24,500,000 is authorized to be derived 
                from the Oil Spill Liability Trust Fund to 
                carry out the purposes of section 1012(a)(5) of 
                the Oil Pollution Act of 1990 (33 U.S.C. 
                2712(a)(5));
                  (B) $631,000,000 shall be available only for 
                paying for search and rescue programs;
                  (C) $527,000,000 shall be available only for 
                paying for marine safety programs;
                  (D) $80,500,000 shall be available only for 
                paying for operating expenses of the Integrated 
                Deepwater System program; and
                  (E) $1,523,000,000 shall be available only 
                for paying for ports, waterways, and coastal 
                security.
          (2) For the acquisition, construction, rebuilding, 
        and improvement of aids to navigation, shore and 
        offshore facilities, vessels, and aircraft, including 
        equipment related thereto, $1,125,083,000, of which--
                  (A) $20,000,000 shall be derived from the Oil 
                Spill Liability Trust Fund to carry out the 
                purposes of section 1012(a)(5) of the Oil 
                Pollution Act of 1990, to remain available 
                until expended;
                  (B) $990,444,000 is authorized for the 
                Integrated Deepwater System Program; and
                  (C) $44,597,000 is authorized for shore 
                facilities and aids to navigation.
          (3) To the Commandant of the Coast Guard for 
        research, development, test, and evaluation of 
        technologies, materials, and human factors directly 
        relating to improving the performance of the Coast 
        Guard's mission in search and rescue, aids to 
        navigation, marine safety, marine environmental 
        protection, enforcement of laws and treaties, ice 
        operations, oceanographic research, and defense 
        readiness, $25,000,000, to remain available until 
        expended, of which $2,000,000 shall be derived from the 
        Oil Spill Liability Trust Fund to carry out the 
        purposes of section 1012(a)(5) of the Oil Pollution Act 
        of 1990.
          (4) For retired pay (including the payment of 
        obligations otherwise chargeable to lapsed 
        appropriations for this purpose), payments under the 
        Retired Serviceman's Family Protection and Survivor 
        Benefit Plans, and payments for medical care of retired 
        personnel and their dependents under chapter 55 of 
        title 10, United States Code, $1,184,720,000, to remain 
        available until expended.
          (5) For alteration or removal of bridges over 
        navigable waters of the United States constituting 
        obstructions to navigation, and for personnel and 
        administrative costs associated with the Bridge 
        Alteration Program, $16,000,000.
          (6) For environmental compliance and restoration at 
        Coast Guard facilities (other than parts and equipment 
        associated with operation and maintenance), 
        $13,000,000, to remain available until expended.
          (7) For the Coast Guard Reserve program, including 
        personnel and training costs, equipment, and services, 
        $126,883,000.

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

  (a) Active Duty Strength.--The Coast Guard is authorized an 
end-of-year strength for active duty personnel of 47,000 for 
the fiscal year ending on September 30, 2008.
  (b) Military Training Student Loads.--For fiscal year 2008, 
the Coast Guard is authorized average military training student 
loads as follows:
          (1) For recruit and special training, 2,500 student 
        years.
          (2) For flight training, 165 student years.
          (3) For professional training in military and 
        civilian institutions, 350 student years.
          (4) For officer acquisition, 1,200 student years.

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

  (a) Transfer.--
          (1) Authority and functions.--Notwithstanding section 
        888(b) of the Homeland Security Act of 2002 (6 U.S.C. 
        468(b)) or any other provision of law, the authorities 
        of the Secretary of Homeland Security to approve the 
        construction, alteration, or operation of a bridge, 
        drawbridge, or causeway across or over the navigable 
        waters of the United States and to require the 
        alteration, repair, or removal of that bridge, 
        drawbridge, or causeway, pursuant to the Bridge Act of 
        1906 (34 Stat. 84; 33 U.S.C. 491 et seq.), the General 
        Bridge Act of 1946 (60 Stat. 847, 33 U.S.C. 525 note), 
        the Truman-Hobbs Act (54 Stat. 497; 33 U.S.C. 511 et 
        seq.), and the International Bridge Act of 1972 (60 
        Stat. 847; 33 U.S.C. 525 et seq.), and the functions 
        related thereto, are hereby transferred to the 
        Secretary of Transportation.
          (2) Transfer and administration of balances.--Any 
        unobligated balances of prior appropriations provided 
        for the alteration of bridges are transferred and shall 
        be available to the Secretary of Transportation to 
        carry out the functions and authorities transferred by 
        subsection (a).

                         TITLE II--COAST GUARD

SEC. 201. APPOINTMENT OF CIVILIAN COAST GUARD JUDGES.

  (a) In General.--Chapter 7 of title 14, United States Code, 
is amended by adding at the end the following:

``Sec. 153. Appointment of judges

  ``The Secretary may appoint civilian employees of the 
Department in which the Coast Guard is operating as appellate 
military judges, available for assignment to the Coast Guard 
Court of Criminal Appeals as provided for in section 866(a) of 
title 10.''.
  (b) Clerical Amendment.--The analysis for such chapter is 
amended by adding at the end the following:

``153. Appointment of judges.''.

SEC. 202. INDUSTRIAL ACTIVITIES.

  Section 151 of title 14, United States Code, is amended--
          (1) by inserting ``(a) In General.--'' before ``All 
        orders''; and
          (2) by adding at the end the following:
  ``(b) Orders and Agreements for Industrial Activities.--Under 
this section, the Coast Guard industrial activities may accept 
orders and enter into reimbursable agreements with 
establishments, agencies, and departments of the Department of 
Defense.''.

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

  (a) In General.--Chapter 13 of title 14, United States Code, 
is amended by adding at the end the following:

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

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

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

SEC. 204. COMMISSIONED OFFICERS.

  (a) Active Duty Promotion List.--Section 42 of title 14, 
United States Code, is amended to read as follows:

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

  ``(a) Maximum Total Number.--The total number of Coast Guard 
commissioned officers on the active duty promotion list, 
excluding warrant officers, shall not exceed 6,700; except that 
the Commandant may temporarily increase that number by up to 2 
percent for no more than 60 days following the date of the 
commissioning of a Coast Guard Academy class.
  ``(b) Distribution Percentages by Grade.--
          ``(1) Required.--The total number of commissioned 
        officers authorized by this section shall be 
        distributed in grade in the following percentages: 
        0.375 percent for rear admiral; 0.375 percent for rear 
        admiral (lower half); 6.0 percent for captain; 15.0 
        percent for commander; and 22.0 percent for lieutenant 
        commander.
          ``(2) Discretionary.--The Secretary shall prescribe 
        the percentages applicable to the grades of lieutenant, 
        lieutenant (junior grade), and ensign.
          ``(3) Authority of secretary to reduce percentage.--
        The Secretary--
                  ``(A) may reduce, as the needs of the Coast 
                Guard require, any of the percentages set forth 
                in paragraph (1); and
                  ``(B) shall apply that total percentage 
                reduction to any other lower grade or 
                combination of lower grades.
  ``(c) Computations.--
          ``(1) In general.--The Secretary shall compute, at 
        least once each year, the total number of commissioned 
        officers authorized to serve in each grade by applying 
        the grade distribution percentages established by or 
        under this section to the total number of commissioned 
        officers listed on the current active duty promotion 
        list.
          ``(2) Rounding fractions.--Subject to subsection (a), 
        in making the computations under paragraph (1), any 
        fraction shall be rounded to the nearest whole number.
          ``(3) Treatment of officers serving outside coast 
        guard.--The number of commissioned officers on the 
        active duty promotion list below the rank of rear 
        admiral (lower half) serving with other Federal 
        departments or agencies on a reimbursable basis or 
        excluded under section 324(d) of title 49 shall not be 
        counted against the total number of commissioned 
        officers authorized to serve in each grade.
  ``(d) Use of Numbers; Temporary Increases.--The numbers 
resulting from computations under subsection (c) shall be, for 
all purposes, the authorized number in each grade; except that 
the authorized number for a grade is temporarily increased 
during the period between one computation and the next by the 
number of officers originally appointed in that grade during 
that period and the number of officers of that grade for whom 
vacancies exist in the next higher grade but whose promotion 
has been delayed for any reason.
  ``(e) Officers Serving Coast Guard Academy and Reserve.--The 
number of officers authorized to be serving on active duty in 
each grade of the permanent commissioned teaching staff of the 
Coast Guard Academy and of the Reserve serving in connection 
with organizing, administering, recruiting, instructing, or 
training the reserve components shall be prescribed by the 
Secretary.''.
  (b) Clerical Amendment.--The analysis for chapter 3 of such 
title is amended by striking the item relating to section 42 
and inserting the following:

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

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

  (a) In General.--Section 1502 of the Armed Forces Retirement 
Home Act of 1991 (24 U.S.C. 401) is amended--
          (1) by striking paragraph (4);
          (2) in paragraph (5)--
                  (A) by striking ``and'' at the end of 
                subparagraph (C);
                  (B) by striking the period at the end of 
                subparagraph (D) and inserting ``; and''; and
                  (C) by inserting at the end the following:
                  ``(E) the Assistant Commandant of the Coast 
                Guard for Human Resources.''; and
          (3) by adding at the end of paragraph (6) the 
        following:
                  ``(E) The Master Chief Petty Officer of the 
                Coast Guard.''.
  (b) Conforming Amendments.--(1) Section 2772 of title 10, 
United States Code, is amended--
          (A) in subsection (a) by inserting ``or, in the case 
        of the Coast Guard, the Commandant'' after 
        ``concerned''; and
          (B) by striking subsection (c).
  (2) Section 1007(i) of title 37, United States Code, is 
amended--
          (A) in paragraph (3) by inserting ``or, in the case 
        of the Coast Guard, the Commandant'' after ``Secretary 
        of Defense'';
          (B) by striking paragraph (4); and
          (C) by redesignating paragraph (5) as paragraph (4).

SEC. 206. GRANTS TO INTERNATIONAL MARITIME ORGANIZATIONS.

  Section 149 of title 14, United States Code, is amended by 
adding at the end the following:
  ``(c) Grants to International Maritime Organizations.--After 
consultation with the Secretary of State, the Commandant may 
make grants to, or enter into cooperative agreements, 
contracts, or other agreements with, international maritime 
organizations for the purpose of acquiring information or data 
about merchant vessel inspections, security, safety, 
classification, and port state or flag state law enforcement or 
oversight.''.

SEC. 207. EMERGENCY LEAVE RETENTION AUTHORITY.

  (a) In General.--Chapter 11 of title 14, United States Code, 
is amended by inserting after section 425 the following:

``Sec. 426. Emergency leave retention authority

  ``With regard to a member of the Coast Guard who serves on 
active duty, a duty assignment in support of a declaration of a 
major disaster or emergency by the President under the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.) shall be treated, for the purpose of 
section 701(f)(2) of title 10, a duty assignment in support of 
a contingency operation.''.
  (b) Clerical Amendment.--The analysis for such chapter is 
amended by inserting after the item relating to section 425 the 
following new item:

``426. Emergency leave retention authority.''.

SEC. 208. ENFORCEMENT AUTHORITY.

  (a) In General.--Chapter 5 of title 14, United States Code, 
is amended by adding at the end the following:

``Sec. 99. Enforcement authority

  ``Subject to guidelines approved by the Secretary, members of 
the Coast Guard, in the performance of official duties, may--
          ``(1) carry a firearm; and
          ``(2) while at a facility (as defined in section 
        70101 of title 46)--
                  ``(A) make an arrest without warrant for any 
                offense against the United States committed in 
                their presence; and
                  ``(B) seize property as otherwise provided by 
                law.''.
  (b) Conforming Repeal.--The first section added to title 46, 
United States Code, by the amendment made by subsection (a) of 
section 801 of the Coast Guard and Maritime Transportation Act 
of 2004 (118 Stat. 1078), and the item relating to such first 
section enacted by the amendment made by subsection (b) of such 
section 801, are repealed.
  (c) Clerical Amendment.--The analysis for such chapter is 
amended by adding at the end the following:

``99. Enforcement authority.''.

SEC. 209. REPEAL.

  Section 216 of title 14, United States Code, and the item 
relating to such section in the analysis for chapter 11 of such 
title, are repealed.

SEC. 210. ADMIRALS AND VICE ADMIRALS.

  (a) Vice Commandant.--Section 47 of title 14, United States 
Code, is amended by striking ``vice admiral'' and inserting 
``admiral''.
  (b) Vice Admirals.--Section 50 of title 14, United States 
Code, is amended to read as follows:

``Sec. 50. Vice admirals

  ``(a)(1) The President may designate 4 positions of 
importance and responsibility that shall be held by officers 
who--
          ``(A) while so serving, shall have the grade of vice 
        admiral, with the pay and allowances of that grade; and
          ``(B) shall perform any duties as the Commandant may 
        prescribe.
  ``(2) The 4 vice admiral positions authorized under paragraph 
(1) are, respectively, the following:
          ``(A) The Deputy Commandant for Mission Support.
          ``(B) The Deputy Commandant for National Operations 
        and Policy.
          ``(C) The Commander, Force Readiness Command.
          ``(D) The Commander, Operations Command.
  ``(3) The President may appoint, by and with the advice and 
consent of the Senate, and reappoint, by and with the advice 
and consent of the Senate, to each of the positions designated 
under paragraph (1) an officer of the Coast Guard who is 
serving on active duty above the grade of captain. The 
Commandant shall make recommendations for those appointments.
  ``(b)(1) The appointment and the grade of vice admiral under 
this section shall be effective on the date the officer assumes 
that duty and, except as provided in paragraph (2) of this 
subsection or in section 51(d) of this title, shall terminate 
on the date the officer is detached from that duty.
  ``(2) An officer who is appointed to a position designated 
under subsection (a) shall continue to hold the grade of vice 
admiral--
          ``(A) while under orders transferring the officer to 
        another position designated under subsection (a), 
        beginning on the date the officer is detached from duty 
        and terminating on the date before the day the officer 
        assumes the subsequent duty, but not for more than 60 
        days;
          ``(B) while hospitalized, beginning on the day of the 
        hospitalization and ending on the day the officer is 
        discharged from the hospital, but not for more than 180 
        days; and
          ``(C) while awaiting retirement, beginning on the 
        date the officer is detached from duty and ending on 
        the day before the officer's retirement, but not for 
        more than 60 days.
  ``(c)(1) An appointment of an officer under subsection (a) 
does not vacate the permanent grade held by the officer.
  ``(2) An officer serving in a grade above rear admiral who 
holds the permanent grade of rear admiral (lower half) shall be 
considered for promotion to the permanent grade of rear admiral 
as if the officer was serving in the officer's permanent grade.
  ``(d) Whenever a vacancy occurs in a position designated 
under subsection (a), the Commandant shall inform the President 
of the qualifications needed by an officer serving in that 
position to carry out effectively the duties and 
responsibilities of that position.''.
  (c) Repeal.--Section 50a of title 14, United States Code, is 
repealed.
  (d) Conforming Amendment.--Section 51 of that title is 
amended--
          (1) by amending subsections (a), (b), and (c) to read 
        as follows:
  ``(a) An officer, other than the Commandant, who, while 
serving in the grade of admiral or vice admiral, is retired for 
physical disability shall be placed on the retired list with 
the highest grade in which that officer served.
  ``(b) An officer, other than the Commandant, who is retired 
while serving in the grade of admiral or vice admiral, or who, 
after serving at least two and one-half years in the grade of 
admiral or vice admiral, is retired while serving in a lower 
grade, may in the discretion of the President, be retired with 
the highest grade in which that officer served.
  ``(c) An officer, other than the Commandant, who, after 
serving less than two and one-half years in the grade of 
admiral or vice admiral, is retired while serving in a lower 
grade, shall be retired in his permanent grade.''; and
          (2) in subsection (d)(2) by striking ``Area 
        Commander, or Chief of Staff'' and inserting ``or Vice 
        Admirals''.
  (e) Clerical Amendments.--
          (1) The heading for section 47 of that title is 
        amended by striking ``assignment'' and inserting 
        ``appointment''.
          (2) The table of sections at the beginning of chapter 
        3 of that title is amended--
                  (A) by striking the item relating to section 
                47 and inserting the following:

``47. Vice Commandant; appointment.'';

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

``50. Vice admirals.'';

                and
                  (C) by striking the item relating to section 
                50a.
  (f) Technical Correction.--Section 47 of that title is 
further amended in the fifth sentence by striking 
``subsection'' and inserting ``section''.

SEC. 211. MERCHANT MARINER MEDICAL ADVISORY COMMITTEE.

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

``Sec. 7115. Merchant Mariner Medical Advisory Committee

  ``(a) Establishment.--
          ``(1) In general.--There is established a Merchant 
        Mariner Medical Advisory Committee (in this section 
        referred to as the `Committee').
          ``(2) Functions.--The Committee shall advise the 
        Secretary on matters relating to--
                  ``(A) medical certification determinations 
                for issuance of merchant mariner credentials;
                  ``(B) medical standards and guidelines for 
                the physical qualifications of operators of 
                commercial vessels;
                  ``(C) medical examiner education; and
                  ``(D) medical research.
  ``(b) Membership.--
          ``(1) In general.--The Committee shall consist of 14 
        members, none of whom is a Federal employee, and shall 
        include--
                  ``(A) ten who are health-care professionals 
                with particular expertise, knowledge, or 
                experience regarding the medical examinations 
                of merchant mariners or occupational medicine; 
                and
                  ``(B) four who are professional mariners with 
                knowledge and experience in mariner 
                occupational requirements.
          ``(2) Status of members.--Members of the Committee 
        shall not be considered Federal employees or otherwise 
        in the service or the employment of the Federal 
        Government, except that members shall be considered 
        special Government employees, as defined in section 
        202(a) of title 18, United States Code, and shall be 
        subject to any administrative standards of conduct 
        applicable to the employees of the department in which 
        the Coast Guard is operating.
  ``(c) Appointments; Terms; Vacancies.--
          ``(1) Appointments.--The Secretary shall appoint the 
        members of the Committee, and each member shall serve 
        at the pleasure of the Secretary.
          ``(2) Terms.--Each member shall be appointed for a 
        term of three years, except that, of the members first 
        appointed, three members shall be appointed for a term 
        of two years and three members shall be appointed for a 
        term of one year.
          ``(3) Vacancies.--Any member appointed to fill the 
        vacancy prior to the expiration of the term for which 
        that member's predecessor was appointed shall be 
        appointed for the remainder of that term.
  ``(d) Chairman and Vice Chairman.--The Secretary shall 
designate one member of the Committee as the Chairman and one 
member as the Vice Chairman. The Vice Chairman shall act as 
Chairman in the absence or incapacity of, or in the event of a 
vacancy in the office of, the Chairman.
  ``(e) Compensation; Reimbursement.--Members of the Committee 
shall serve without compensation, except that, while engaged in 
the performance of duties away from their homes or regular 
places of business of the member, the member of the Committee 
may be allowed travel expenses, including per diem in lieu of 
subsistence, as authorized by section 5703 of title 5.
  ``(f) Staff; Services.--The Secretary shall furnish to the 
Committee the personnel and services as are considered 
necessary for the conduct of its business.''.
  (b) First Meeting.--No later than six months after the date 
of enactment of this Act, the Merchant Mariner Medical Advisory 
Committee established by the amendment made by this section 
shall hold its first meeting.
  (c) Clerical Amendment.--The analysis for chapter 71 of that 
title is amended by adding at the end the following:

``7115. Merchant Mariner Medical Advisory Committee.''.

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

  Section 214(a) of title 14, United States Code, is amended to 
read as follows:
  ``(a) The president may appoint temporary commissioned 
officers--
          ``(1) in the Regular Coast Guard in a grade, not 
        above lieutenant, appropriate to their qualifications, 
        experience, and length of service, as the needs of the 
        Coast Guard may require, from among the commissioned 
        warrant officers, warrant officers, and enlisted 
        members of the Coast Guard, and from holders of 
        licenses issued under chapter 71 of title 46; and
          ``(2) in the Coast Guard Reserve in a grade, not 
        above lieutenant, appropriate to their qualifications, 
        experience, and length of service, as the needs of the 
        Coast Guard may require, from among the commissioned 
        warrant officers of the Coast Guard Reserve.''.

SEC. 213. ENHANCED STATUS QUO OFFICER PROMOTION SYSTEM.

  Chapter 11 of title 14, United States Code, is amended--
          (1) in section 253(a)--
                  (A) by inserting ``and'' after 
                ``considered,''; and
                  (B) by striking ``, and the number of 
                officers the board may recommend for 
                promotion'';
          (2) in section 258--
                  (A) by inserting ``(a) In General.--'' before 
                the existing text;
                  (B) in subsection (a) (as so designated) by 
                striking the colon at the end of the material 
                preceding paragraph (1) and inserting ``--''; 
                and
                  (C) by adding at the end the following:
  ``(b) Provision of Direction and Guidance.--
          ``(1) In addition to the information provided 
        pursuant to subsection (a), the Secretary may furnish 
        the selection board--
                  ``(A) specific direction relating to the 
                needs of the Coast Guard for officers having 
                particular skills, including direction relating 
                to the need for a minimum number of officers 
                with particular skills within a specialty; and
                  ``(B) any other guidance that the Secretary 
                believes may be necessary to enable the board 
                to properly perform its functions.
          ``(2) Selections made based on the direction and 
        guidance provided under this subsection shall not 
        exceed the maximum percentage of officers who may be 
        selected from below the announced promotion zone at any 
        given selection board convened under section 251 of 
        this title.'';
          (3) in section 259(a), by inserting after ``whom the 
        board'' the following: ``, giving due consideration to 
        the needs of the Coast Guard for officers with 
        particular skills so noted in specific direction 
        furnished to the board by the Secretary under section 
        258 of this title,''; and
          (4) in section 260(b), by inserting after ``qualified 
        for promotion'' the following: ``to meet the needs of 
        the service (as noted in specific direction furnished 
        the board by the Secretary under section 258 of this 
        title)''.

SEC. 214. LASER TRAINING SYSTEM.

  (a) In General.--Within one year after the date of enactment 
of this Act, the Secretary of the department in which the Coast 
Guard shall test an integrated laser engagement system for the 
training of members of the Coast Guard assigned to small 
vessels in the use of individual weapons and machine guns on 
those vessels. The test shall be conducted on vessels on the 
Great Lakes using similar laser equipment used by other Federal 
agencies. However, that equipment shall be adapted for use in 
the marine environment.
  (b) Report.--The Secretary shall submit a report to the 
Committee on Transportation and Infrastructure and the 
Committee on Homeland Security of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of 
the Senate within 6 months after the conclusions of the test 
required under subsection (a) on the costs and benefits of 
using the system regionally and nationwide to train members of 
the Coast Guard in the use of individual weapons and machine 
guns.

SEC. 215. COAST GUARD VESSELS AND AIRCRAFT.

  (a) Authority To Fire At or Into a Vessel.--Section 637(c) of 
title 14, United States Code, is amended--
          (1) in paragraph (1), by striking ``; or'' and 
        inserting a semicolon;
          (2) in paragraph (2), by striking the period at the 
        end and inserting ``; or''; and
          (3) by adding at the end the following:
          ``(3) any other vessel or aircraft on government 
        noncommercial service when--
                  ``(A) the vessel or aircraft is under the 
                tactical control of the Coast Guard; and
                  ``(B) at least one member of the Coast Guard 
                is assigned and conducting a Coast Guard 
                mission on the vessel or aircraft.''.
  (b) Authority To Display Coast Guard Ensigns and Pennants.--
Section 638(a) of title 14, United States Code, is amended by 
striking ``Coast Guard vessels and aircraft'' and inserting 
``Vessels and aircraft authorized by the Secretary''.

SEC. 216. COAST GUARD DISTRICT OMBUDSMEN.

  (a) In General.--Chapter 3 of title 14, United States Code, 
is amended by adding at the end the following new section:

``Sec. 55. District Ombudsmen

  ``(a) In General.--The Commandant shall appoint an employee 
of the Coast Guard in each Coast Guard District as a District 
Ombudsman to serve as a liaison between ports, terminal 
operators, shipowners, and labor representatives and the Coast 
Guard.
  ``(b) Purpose.--The purpose of the District Ombudsman shall 
be the following:
          ``(1) To support the operations of the Coast Guard in 
        each port in the District for which the District 
        Ombudsman is appointed.
          ``(2) To improve communications between and among 
        port stakeholders including, port and terminal 
        operators, ship owners, labor representatives, and the 
        Coast Guard.
          ``(3) To seek to resolve disputes between the Coast 
        Guard and all petitioners regarding requirements 
        imposed or services provided by the Coast Guard.
  ``(c) Functions.--
          ``(1) Complaints.--The District Ombudsman may examine 
        complaints brought to the attention of the District 
        Ombudsman by a petitioner operating in a port or by 
        Coast Guard personnel.
          ``(2) Guidelines for disputes.--
                  ``(A) In general.--The District Ombudsman 
                shall develop guidelines regarding the types of 
                disputes with respect to which the District 
                Ombudsman will provide assistance.
                  ``(B) Limitation.--The District Ombudsman 
                shall not provide assistance with respect to a 
                dispute unless it involves the impact of Coast 
                Guard requirements on port business and the 
                flow of commerce.
                  ``(C) Priority.--In providing such 
                assistance, the District Ombudsman shall give 
                priority to complaints brought by petitioners 
                who believe they will suffer a significant 
                hardship as the result of implementing a Coast 
                Guard requirement or being denied a Coast Guard 
                service.
          ``(3) Consultation.--The District Ombudsman may 
        consult with any Coast Guard personnel who can aid in 
        the investigation of a complaint.
          ``(4) Access to information.--The District Ombudsman 
        shall have access to any Coast Guard document, 
        including any record or report, that will aid the 
        District Ombudsman in obtaining the information needed 
        to conduct an investigation of a compliant.
          ``(5) Reports.--At the conclusion of an 
        investigation, the District Ombudsman shall submit a 
        report on the findings and recommendations of the 
        District Ombudsman, to the Commander of the District in 
        which the petitioner who brought the complaint is 
        located or operating.
          ``(6) Deadline.--The District Ombudsman shall seek to 
        resolve each complaint brought in accordance with the 
        guidelines--
                  ``(A) in a timely fashion; and
                  ``(B) not later than 4 months after the 
                complaint is officially accepted by the 
                District Ombudsman.
  ``(d) Appointment.--The Commandant shall appoint as the 
District Ombudsman a civilian who has experience in port and 
transportation systems and knowledge of port operations or of 
maritime commerce (or both).
  ``(e) Annual Reports.--The Secretary shall report annually to 
the Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate on the matters brought before the 
District Ombudsmen, including--
          ``(1) the number of matters brought before each 
        District Ombudsman;
          ``(2) a brief summary of each such matter; and
          ``(3) the eventual resolution of each such matter.''.
  (b) Clerical Amendment.--The analysis at the beginning of 
that chapter is amended by adding at the end the following new 
item:

``55. District Ombudsmen.''.

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

  (a) Requirements for Prime Contracts.--The Secretary shall 
include in each contract awarded for procurement of goods or 
services acquired for the Coast Guard--
          (1) a requirement that the contractor shall implement 
        a plan for the award, in accordance with other 
        applicable requirements, of subcontracts under the 
        contract to small business concerns, including small 
        business concerns owned and controlled by socially and 
        economically disadvantaged individuals, small business 
        concerns owned and controlled by women, small business 
        concerns owned and controlled by service-disabled 
        veterans, HUBZone small business concerns, small 
        business concerns participating in the program under 
        section 8(a) of the Small Business Act (15 U.S.C. 
        637(a)), institutions receiving assistance under title 
        III or V of the Higher Education Act of 1965 (20 U.S.C. 
        1051 et seq., 1101 et seq.), and Alaska Native 
        Corporations created pursuant to the Alaska Native 
        Claims Settlement Act (43 U.S.C. 1601 et seq.), 
        including the terms of such plan; and
          (2) a requirement that the contractor shall submit to 
        the Secretary, during performance of the contract, 
        periodic reports describing the extent to which the 
        contractor has complied with such plan, including 
        specification (by total dollar amount and by percentage 
        of the total dollar value of the contract) of the value 
        of subcontracts awarded at all tiers of subcontracting 
        to small business concerns, institutions, and 
        corporations referred to in subsection (a)(1).
  (b) Utilization of Alliances.--The Secretary shall seek to 
facilitate award of contracts by the United States under the 
Deepwater Program to alliances of small business concerns, 
institutions, and corporations referred to in subsection 
(a)(1).
  (c) Annual Report.--
          (1) In general.--The Secretary shall submit to the 
        Committee on Transportation and Infrastructure and the 
        Committee on Homeland Security of the House of 
        Representatives and the Committee on Commerce, Science, 
        and Transportation of the Senate by October 31 each 
        year a report on the award of contracts under the 
        Deepwater Program to small business concerns, 
        institutions, and corporations referred to in 
        subsection (a)(1) during the preceding fiscal year.
          (2) Contents.--The Secretary shall include in each 
        report--
                  (A) specification of the value of such 
                contracts, by dollar amount and as a percentage 
                of the total dollar value of all contracts 
                awarded by the United States under the 
                Deepwater Program in such fiscal year;
                  (B) specification of the total dollar value 
                of such contracts awarded to each of the 
                categories of small business concerns, 
                institutions, and corporations referred to in 
                subsection (a)(1); and
                  (C) if the percentage specified under 
                subparagraph (A) is less than 25 percent, an 
                explanation of--
                          (i) why the percentage is less than 
                        25 percent; and
                          (ii) what will be done to ensure that 
                        the percentage for the following fiscal 
                        year will not be less than 25 percent.
  (d) Definitions.--In this section:
          (1) Deepwater program.--The term ``Deepwater 
        Program'' means the Integrated Deepwater Systems 
        Program described by the Coast Guard in its report to 
        Congress entitled ``Revised Deepwater Implementation 
        Plan 2005'', dated March 25, 2005. The Deepwater 
        Program primarily involves the procurement of cutter 
        and aviation assets that operate more than 50 miles 
        offshore.
          (2) Secretary.--The term ``Secretary'' means the 
        Secretary of the department in which the Coast Guard is 
        operating.

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

  (a) In General.--Chapter 3 of title 14, United States Code, 
is further amended by adding at the end the following:

``Sec. 61. Assistant Commandant for Port and Waterway Security

  ``(a) There shall be in the Coast Guard an Assistant 
Commandant for Port and Waterway Security who shall be a Rear 
Admiral or civilian from the Senior Executive Service (career 
reserved) selected by the Secretary.
  ``(b) The Assistant Commandant for Port and Waterway Security 
shall serve as the principal advisor to the Commandant 
regarding port and waterway security and shall carry out the 
duties and powers delegated and imposed by the Secretary.''.
  (b) Clerical Amendment.--The analysis at the beginning of 
that chapter is further amended by adding at the end the 
following:

``61. Assistant Commandant for Port and Waterway Security.''.

SEC. 219. SMALL BUSINESS PROCUREMENTS.

  (a) In General.--Chapter 17 of title 14, United States Code, 
is amended by adding at the end the following:

``Sec. 678. Disadvantaged business enterprise program

  ``(a) In General.--Except to the extent that the Secretary 
determines otherwise, not less than 10 percent of the amounts 
obligated by the Coast Guard for contracts in any fiscal year 
shall be expended with small business concerns owned and 
controlled by socially and economically disadvantaged 
individuals.
  ``(b) Definitions.--In this subsection, the following 
definitions apply:
          ``(1) Small business concern.--The term `small 
        business concern' has the meaning given that term under 
        section 3 of the Small Business Act (15 U.S.C. 632).
          ``(2) Socially and economically disadvantaged 
        individuals.--The term `socially and economically 
        disadvantaged individuals' has the meaning that term 
        has under section 8(d) of the Small Business Act (15 
        U.S.C. 637(d)) and relevant subcontracting regulations 
        issued pursuant to that Act, except that women shall be 
        presumed to be socially and economically disadvantaged 
        individuals for purposes of this subsection.
  ``(c) Regulations.--The Secretary shall issue final 
regulations governing the administration of the program created 
by this section by one year after the date of enactment of this 
section. To the maximum extent feasible, these regulations 
shall impose requirements similar to those of part 26 of title 
49, Code of Federal Regulations, with respect to setting 
overall and contract goals, good faith efforts, and the 
contract award process, counting of credit for the 
participation of businesses owned and controlled by socially 
and economically disadvantaged individuals, and determining 
whether businesses are eligible to participate in the program.
  ``(d) Termination.--This section shall cease to be effective 
three years after the date of its enactment.''.
  (b) Clerical Amendment.--The analysis at the beginning of 
that chapter is further amended by adding at the end the 
following:

``678. Disadvantaged business enterprise program.''.

SEC. 220. ENFORCEMENT OF COASTWISE TRADE LAWS.

  (a) In General.--Chapter 5 of title 14, United States Code, 
is amended by adding at the end the following:

``Sec. 101. Enforcement of coastwise trade laws

  ``Officers and members of the Coast Guard are authorized to 
enforce chapter 551 of title 46. The Secretary shall establish 
a program for these officers and members to enforce that 
chapter, including the application of those laws to vessels 
that support the exploration, development, and production of 
oil, gas, or mineral resources in the Gulf of Mexico.''.
  (b) Clerical Amendment.--The analysis for that chapter is 
amended by adding at the end the following new item:

``101. Enforcement of coastwise trade laws.''.

  (c) Report.--The Secretary of the department in which the 
Coast Guard is operating shall submit a report to the Committee 
on Transportation and Infrastructure of the House of 
Representatives and the Senate Committee on Commerce, Science, 
and Transportation within one year after the date of enactment 
of this Act on the enforcement strategies and enforcement 
actions taken to enforce the coastwise trade laws.

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

  (a) Nomination and Competitive Appointment, Generally.--
Section 182(a) of title 14, United States Code, is amended to 
read as follows:
  ``(a) Nomination and Competitive Appointment of Cadets.--
          ``(1) Eligibility for nomination.--An individual may 
        be nominated for a competitive appointment as a cadet 
        at the Coast Guard Academy only if the individual-
                  ``(A) is a citizen or national of the United 
                States; and
                  ``(B) meets the minimum requirements that the 
                Secretary shall establish.
          ``(2) Nominators.--Nominations for competitive 
        appointments for the positions allocated under this 
        section may be made as follows:
                  ``(A) A Senator may nominate residents of the 
                State represented by that Senator.
                  ``(B) A Member of the House of 
                Representatives may nominate residents of the 
                State in which the congressional district 
                represented by that Member is located.
                  ``(C) A Delegate to the House of 
                Representatives from the District of Columbia, 
                the Virgin Islands, Guam, or American Samoa may 
                nominate residents of the jurisdiction 
                represented by that Delegate.
                  ``(D) The Resident Commissioner to the United 
                States from Puerto Rico may nominate residents 
                of Puerto Rico.
                  ``(E) The Governor of the Northern Mariana 
                Islands may nominate residents of the Northern 
                Mariana Islands.
          ``(3) Allocation of positions.--Positions for 
        competitive appointments shall be allocated each year 
        as follows:
                  ``(A) Positions shall be allocated for 
                residents of each State nominated by the 
                Members of Congress from that State in 
                proportion to the representation in Congress 
                from that State.
                  ``(B) Four positions shall be allocated for 
                residents of the District of Columbia.
                  ``(C) One position each shall be allocated 
                for residents of the Virgin Islands, Guam, and 
                American Samoa, respectively.
                  ``(D) One position shall be allocated for a 
                resident of Puerto Rico.
                  ``(E) One position shall be allocated for a 
                resident of the Northern Mariana Islands.
                  ``(F) Two positions shall be allocated for 
                individuals nominated by the Panama Canal 
                Commission.
          ``(4) Competitive system for appointment.--
                  ``(A) Establishment of system.--The Secretary 
                shall establish a competitive system for 
                selecting for appointment individuals nominated 
                under paragraph (1) to fill the positions 
                allocated under paragraph (3). The system must 
                determine the relative merit of each individual 
                based on competitive examinations, an 
                assessment of the individual's academic 
                background, and other effective indicators of 
                motivation and probability of successful 
                completion of training at the Academy.
                  ``(B) Appointments by jurisdiction.--The 
                Secretary shall appoint individuals to fill the 
                positions allocated under subsection (c) for 
                each jurisdiction in the order of merit of the 
                individuals nominated from that jurisdiction.
                  ``(C) Remaining unfilled positions.--If 
                positions remain unfilled after the 
                appointments are made under paragraph (2), the 
                Secretary shall appoint individuals to fill the 
                positions in the order of merit of the 
                remaining individuals nominated from all 
                jurisdictions.
          ``(5) Noncompetitive appointments.--The Secretary may 
        appoint each year without competition as cadets at the 
        Academy the following:
                  ``(A) Without limit, the children of persons 
                who have been awarded the Medal of Honor for 
                acts performed while in the armed forces.
                  ``(B) Without limit--
                          ``(i) children of individuals who 
                        died while on active duty in the armed 
                        forces of the United States;
                          ``(ii) children of individuals who 
                        are determined by the Secretary of 
                        Veterans Affairs to have a service-
                        connected disability rated at not less 
                        than 100 percent resulting from wounds 
                        or injuries received in, diseases 
                        contracted in, or preexisting injury or 
                        disease aggravated by, active service;
                          ``(iii) children of members of the 
                        armed forces of the United States who 
                        are in a missing status as defined in 
                        section 551(2) of title 37; and
                          ``(iv) children of civilian employees 
                        of the armed forces of the United 
                        States who are in missing status as 
                        defined in section 5561(5) of title 5.
                  ``(C) Not more than 25 enlisted members of 
                the Coast Guard;
                  ``(D) Not more than 20 qualified individuals 
                with qualities the Secretary considers to be of 
                special value to the Academy and that the 
                Secretary considers will achieve a national 
                demographic balance at the Academy.
          ``(6) Additional appointments from particular 
        areas.--
                  ``(A) Other countries in western 
                hemisphere.--The President may appoint 
                individuals from countries in the Western 
                Hemisphere other than the United States to 
                receive instruction at the Academy. Not more 
                than 12 individuals may receive instruction 
                under this subsection at the same time, and not 
                more than 2 individuals from the same country 
                may receive instruction under this subsection 
                at the same time.
                  ``(B) Other countries generally.--
                          ``(i) Appointment.--The Secretary, 
                        with the approval of the Secretary of 
                        State, may appoint individuals from 
                        countries other than the United States 
                        to receive instruction at the Academy. 
                        Not more than 20 individuals may 
                        receive instruction under this 
                        subsection at the same time.
                          ``(ii) Reimbursement.--The Secretary 
                        shall ensure that the country from 
                        which an individual comes under this 
                        subsection will reimburse the Secretary 
                        for the cost (as determined by the 
                        Secretary) of the instruction and 
                        allowances received by the individual 
                        at the Academy.
                  ``(C) Commitment.--Each individual attending 
                the Academy under this paragraph shall sign an 
                agreement stating that the individual, upon 
                graduation, will accept an appointment, if 
                tendered, as an officer in the Coast Guard of 
                the country from which the individual comes for 
                at least five years.
          ``(7) Prohibited basis for appointment.--Preference 
        may not be given to an individual for appointment as a 
        cadet at the Academy because one or more members of the 
        individual's immediate family are alumni of the 
        Academy.''.
  (b)  Minority Recruiting Program.--
          (1) In general.--Chapter 9 of title 14, United States 
        Code, is amended by adding at the end the following new 
        section:

``Sec. 197. Minority recruiting program

  ``The Secretary of the department in which the Coast Guard is 
operating shall establish a minority recruiting program for 
prospective cadets at the Coast Guard Academy. The program may 
include--
          ``(1) use of minority cadets and officers to provide 
        information regarding the Coast Guard and the Academy 
        to students in high schools;
          ``(2) sponsoring of trips to high school teachers and 
        guidance counselors to the Academy;
          ``(3) to the extent authorized by the Secretary of 
        the Navy, maximizing the use of the Naval Academy 
        Preparatory School to prepare students to be cadets at 
        the Coast Guard Academy;
          ``(4) recruiting minority members of the Coast Guard 
        to attend the Academy;
          ``(5) establishment of a minority affairs office at 
        the Academy; and
          ``(6) use of minority officers and members of the 
        Coast Guard Reserve and Auxiliary to promote the 
        Academy.''.
          (2) Clerical amendment.--The table of sections for 
        that cuapter is amended by adding at the end the 
        folowing new item:

``197. Minority recruiting program.''.

                   TITLE III--SHIPPING AND NAVIGATION

SEC. 301. VESSEL SIZE LIMITS.

  (a) Length, Tonnage, and Horsepower.--Section 12113(d)(2) of 
title 46, United States Code, is amended--
          (1) by inserting ``and'' after the semicolon at the 
        end of subparagraph (A)(i);
          (2) by striking ``and'' at the end of subparagraph 
        (A)(ii);
          (3) by striking subparagraph (A)(iii);
          (4) by striking the period at the end of subparagraph 
        (B) and inserting ``; or''; and
          (5) by inserting at the end the following:
                  ``(C) the vessel is either a rebuilt vessel 
                or a replacement vessel under section 208(g) of 
                the American Fisheries Act (title II of 
                division C of Public Law 105-277; 112 Stat. 
                2681-627) and is eligible for a fishery 
                endorsement under this section.''.
  (b) Conforming Amendments.--
          (1) Vessel rebuilding and replacement.--Section 
        208(g) of the American Fisheries Act (title II of 
        division C of Public Law 105-277; 112 Stat. 2681-627) 
        is amended to read as follows:
  ``(g) Vessel Rebuilding and Replacement.--
          ``(1) In general.--
                  ``(A) Rebuild or replace.--Notwithstanding 
                any limitation to the contrary on replacing, 
                rebuilding, or lengthening vessels or 
                transferring permits or licenses to a 
                replacement vessel contained in sections 679.2 
                and 679.4 of title 50, Code of Federal 
                Regulations, as in effect on the date of 
                enactment of the Coast Guard Authorization Act 
                of 2008 and except as provided in paragraph 
                (4), the owner of a vessel eligible under 
                subsection (a), (b), (c), (d), or (e) (other 
                than paragraph (21)), in order to improve 
                vessel safety and operational efficiencies 
                (including fuel efficiency), may rebuild or 
                replace that vessel (including fuel efficiency) 
                with a vessel documented with a fishery 
                endorsement under section 12113 of title 46, 
                United States Code.
                  ``(B) Same requirements.--The rebuilt or 
                replacement vessel shall be eligible in the 
                same manner and subject to the same 
                restrictions and limitations under such 
                subsection as the vessel being rebuilt or 
                replaced.
                  ``(C) Transfer of permits and licenses.--Each 
                fishing permit and license held by the owner of 
                a vessel or vessels to be rebuilt or replaced 
                under subparagraph (A) shall be transferred to 
                the rebuilt or replacement vessel.
          ``(2) Recommendations of north pacific council.--The 
        North Pacific Council may recommend for approval by the 
        Secretary such conservation and management measures, 
        including size limits and measures to control fishing 
        capacity, in accordance with the Magnuson-Stevens Act 
        as it considers necessary to ensure that this 
        subsection does not diminish the effectiveness of 
        fishery management plans of the Bering Sea and Aleutian 
        Islands Management Area or the Gulf of Alaska.
          ``(3) Special rule for replacement of certain 
        vessels.--
                  ``(A) In general.--Notwithstanding the 
                requirements of subsections (b)(2), (c)(1), and 
                (c)(2) of section 12113 of title 46, United 
                States Code, a vessel that is eligible under 
                subsection (a), (b), (c), (d), or (e) (other 
                than paragraph (21)) and that qualifies to be 
                documented with a fishery endorsement pursuant 
                to section 203(g) or 213(g) may be replaced 
                with a replacement vessel under paragraph (1) 
                if the vessel that is replaced is validly 
                documented with a fishery endorsement pursuant 
                to section 203(g) or 213(g) before the 
                replacement vessel is documented with a fishery 
                endorsement under section 12113 of title 46, 
                United States Code.
                  ``(B) Applicability.--A replacement vessel 
                under subparagraph (A) and its owner and 
                mortgagee are subject to the same limitations 
                under section 203(g) or 213(g) that are 
                applicable to the vessel that has been replaced 
                and its owner and mortgagee.
          ``(4) Special rules for certain catcher vessels.--
                  ``(A) In general.--A replacement for a 
                covered vessel described in subparagraph (B) is 
                prohibited from harvesting fish in any fishery 
                (except for the Pacific whiting fishery) 
                managed under the authority of any regional 
                fishery management council (other than the 
                North Pacific Council) established under 
                section 302(a) of the Magnuson-Stevens Act.
                  ``(B) Covered vessels.--A covered vessel 
                referred to in subparagraph (A) is--
                          ``(i) a vessel eligible under 
                        subsection (a), (b), or (c) that is 
                        replaced under paragraph (1); or
                          ``(ii) a vessel eligible under 
                        subsection (a), (b), or (c) that is 
                        rebuilt to increase its registered 
                        length, gross tonnage, or shaft 
                        horsepower.
          ``(5) Limitation on fishery endorsements.--Any vessel 
        that is replaced under this subsection shall thereafter 
        not be eligible for a fishery endorsement under section 
        12113 of title 46, United States Code, unless that 
        vessel is also a replacement vessel described in 
        paragraph (1).
          ``(6) Gulf of alaska limitation.--Notwithstanding 
        paragraph (1), the Secretary shall prohibit from 
        participation in the groundfish fisheries of the Gulf 
        of Alaska any vessel that is rebuilt or replaced under 
        this subsection and that exceeds the maximum length 
        overall specified on the license that authorizes 
        fishing for groundfish pursuant to the license 
        limitation program under part 679 of title 50, Code of 
        Federal Regulations, as in effect on the date of 
        enactment of the Coast Guard Authorization Act of 2008.
          ``(7) Authority of pacific council.--Nothing in this 
        section shall be construed to diminish or otherwise 
        affect the authority of the Pacific Council to 
        recommend to the Secretary conservation and management 
        measures to protect fisheries under its jurisdiction 
        (including the Pacific whiting fishery) and 
        participants in such fisheries from adverse impacts 
        caused by this Act.''.
          (2) Exemption of certain vessels.--Section 203(g) of 
        the American Fisheries Act (title II of division C of 
        Public Law 105-277; 112 Stat. 2681-620) is amended--
                  (A) by inserting ``and'' after ``(United 
                States official number 651041)'';
                  (B) by striking ``, NORTHERN TRAVELER (United 
                States official number 635986), and NORTHERN 
                VOYAGER (United States official number 637398) 
                (or a replacement vessel for the NORTHERN 
                VOYAGER that complies with paragraphs (2), (5), 
                and (6) of section 208(g) of this Act)''; and
                  (C) by striking ``, in the case of the 
                NORTHERN'' and all that follows through 
                ``PHOENIX,''.
          (3) Fishery cooperative exit provisions.--Section 
        210(b) of the American Fisheries Act (title II of 
        division C of Public Law 105-277; 112 Stat. 2681-629) 
        is amended--
                  (A) by moving the matter beginning with ``the 
                Secretary shall'' in paragraph (1) 2 ems to the 
                right;
                  (B) by adding at the end the following:
          ``(7) Fishery cooperative exit provisions.--
                  ``(A) Fishing allowance determination.--For 
                purposes of determining the aggregate 
                percentage of directed fishing allowances under 
                paragraph (1), when a catcher vessel is removed 
                from the directed pollock fishery, the fishery 
                allowance for pollock for the vessel being 
                removed--
                          ``(i) shall be based on the catch 
                        history determination for the vessel 
                        made pursuant to section 679.62 of 
                        title 50, Code of Federal Regulations, 
                        as in effect on the date of enactment 
                        of the Coast Guard Authorization Act of 
                        2008; and
                          ``(ii) shall be assigned, for all 
                        purposes under this title, in the 
                        manner specified by the owner of the 
                        vessel being removed to any other 
                        catcher vessel or among other catcher 
                        vessels participating in the fishery 
                        cooperative if such vessel or vessels 
                        remain in the fishery cooperative for 
                        at least one year after the date on 
                        which the vessel being removed leaves 
                        the directed pollock fishery.
                  ``(B) Eligibility for fishery endorsement.--
                Except as provided in subparagraph (C), a 
                vessel that is removed pursuant to this 
                paragraph shall be permanently ineligible for a 
                fishery endorsement, and any claim (including 
                relating to catch history) associated with such 
                vessel that could qualify any owner of such 
                vessel for any permit to participate in any 
                fishery within the exclusive economic zone of 
                the United States shall be extinguished, unless 
                such removed vessel is thereafter designated to 
                replace a vessel to be removed pursuant to this 
                paragraph.
                  ``(C) Limitations on statutory 
                construction.--Nothing in this paragraph shall 
                be construed--
                          ``(i) to make the vessels AJ (United 
                        States official number 905625), DONA 
                        MARTITA (United States official number 
                        651751), NORDIC EXPLORER (United States 
                        official number 678234), and PROVIDIAN 
                        (United States official number 1062183) 
                        ineligible for a fishery endorsement or 
                        any permit necessary to participate in 
                        any fishery under the authority of the 
                        New England Fishery Management Council 
                        or the Mid-Atlantic Fishery Management 
                        Council established, respectively, 
                        under subparagraphs (A) and (B) of 
                        section 302(a)(1) of the Magnuson-
                        Stevens Act; or
                          ``(ii) to allow the vessels referred 
                        to in clause (i) to participate in any 
                        fishery under the authority of the 
                        Councils referred to in clause (i) in 
                        any manner that is not consistent with 
                        the fishery management plan for the 
                        fishery developed by the Councils under 
                        section 303 of the Magnuson-Stevens 
                        Act.''.

SEC. 302. GOODS AND SERVICES.

  Section 4(b) of the Act of July 5, 1884, commonly known as 
the Rivers and Harbors Appropriation Act of 1884 (33 U.S.C. 
5(b)), is amended--
          (1) by striking ``or'' at the end of paragraph 
        (2)(C);
          (2) by striking the period at the end of paragraph 
        (3) and inserting ``; or''; and
          (3) by adding at the end the following:
          ``(4) sales taxes on goods and services provided to 
        or by vessels or watercraft (other than vessels or 
        watercraft primarily engaged in foreign commerce).''.

SEC. 303. SEAWARD EXTENSION OF ANCHORAGE GROUNDS JURISDICTION.

  Section 7 of the Rivers and Harbors Appropriations Act of 
1915 (33 U.S.C. 471) is amended--
          (1) by striking ``That the'' and inserting the 
        following:
  ``(a) In General.--The''.
          (2) in subsection (a) (as designated by paragraph 
        (1)) by striking ``$100; and the'' and inserting ``up 
        to $10,000. Each day during which a violation continues 
        shall constitute a separate violation. The'';
          (3) by adding at the end the following:
  ``(b) Definition.--As used in this section `navigable waters 
of the United States' includes all waters of the territorial 
sea of the United States as described in Presidential 
Proclamation No. 5928 of December 27, 1988.''.

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

  Section 70506 of title 46, United States Code, is amended by 
adding at the end the following:
  ``(c) Simple Possession.--
          ``(1) In general.--Any individual on a vessel subject 
        to the jurisdiction of the United States who is found 
        by the Secretary, after notice and an opportunity for a 
        hearing, to have knowingly or intentionally possessed a 
        controlled substance within the meaning of the 
        Controlled Substances Act (21 U.S.C. 812) shall be 
        liable to the United States for a civil penalty of not 
        to exceed $10,000 for each violation. The Secretary 
        shall notify the individual in writing of the amount of 
        the civil penalty.
          ``(2) Determination of amount.--In determining the 
        amount of the penalty, the Secretary shall consider the 
        nature, circumstances, extent, and gravity of the 
        prohibited acts committed and, with respect to the 
        violator, the degree of culpability, any history of 
        prior offenses, ability to pay, and other matters that 
        justice requires.
          ``(3) Treatment of civil penalty assessment.--
        Assessment of a civil penalty under this subsection 
        shall not be considered a conviction for purposes of 
        State or Federal law but may be considered proof of 
        possession if such a determination is relevant.''.

SEC. 305. TECHNICAL AMENDMENTS TO TONNAGE MEASUREMENT LAW.

  (a) Definitions.--Section 14101(4) of title 46, United States 
Code, is amended--
          (1) by striking ``engaged'' the first place it 
        appears and inserting ``that engages'';
          (2) in subparagraph (A), by striking ``arriving'' and 
        inserting ``that arrives'';
          (3) in subparagraph (B)--
                  (A) by striking ``making'' and inserting 
                ``that makes''; and
                  (B) by striking ``(except a foreign vessel 
                engaged on that voyage)'';
          (4) in subparagraph (C), by striking ``departing'' 
        and inserting ``that departs''; and
          (5) in subparagraph (D), by striking ``making'' and 
        inserting ``that makes''.
  (b) Delegation of Authority.--Section 14103(c) of that title 
is amended by striking ``intended to be engaged on'' and 
inserting ``that engages on''.
  (c) Application.--Section 14301 of that title is amended--
          (1) by amending subsection (a) to read as follows:
  ``(a) Except as otherwise provided in this section, this 
chapter applies to any vessel for which the application of an 
international agreement or other law of the United States to 
the vessel depends on the vessel's tonnage.'';
          (2) in subsection (b)--
                  (A) in paragraph (1), by striking the period 
                at the end and inserting ``, unless the 
                government of the country to which the vessel 
                belongs elects to measure the vessel under this 
                chapter.'';
                  (B) in paragraph (3), by inserting ``of 
                United States or Canadian registry or 
                nationality, or a vessel operated under the 
                authority of the United States or Canada, and 
                that is'' after ``vessel'';
                  (C) in paragraph (4), by striking ``a vessel 
                (except a vessel engaged'' and inserting ``a 
                vessel of United States registry or 
                nationality, or one operated under the 
                authority of the United States (except a vessel 
                that engages'';
                  (D) by striking paragraph (5);
                  (E) by redesignating paragraph (6) as 
                paragraph (5); and
                  (F) by amending paragraph (5), as so 
                redesignated, to read as follows:
          ``(5) a barge of United States registry or 
        nationality, or a barge operated under the authority of 
        the United States (except a barge that engages on a 
        foreign voyage) unless the owner requests.'';
          (3) by striking subsection (c);
          (4) by redesignating subsections (d) and (e) as 
        subsections (c) and (d), respectively; and
          (5) in subsection (c), as redesignated, by striking 
        ``After July 18, 1994, an existing vessel (except an 
        existing vessel referred to in subsection (b)(5)(A) or 
        (B) of this section)'' and inserting ``An existing 
        vessel that has not undergone a change that the 
        Secretary finds substantially affects the vessel's 
        gross tonnage (or a vessel to which IMO Resolutions 
        A.494 (XII) of November 19, 1981, A.540 (XIII) of 
        November 17, 1983, or A.541 (XIII) of November 17, 1983 
        apply)''.
  (d) Measurement.--Section 14302(b) of that title is amended 
to read as follows:
  ``(b) A vessel measured under this chapter may not be 
required to be measured under another law.''.
  (e) Tonnage Certificate.--
          (1) Issuance.--Section 14303 of title 46, United 
        States Code, is amended--
                  (A) in subsection (a), by adding at the end 
                the following: ``For a vessel to which the 
                Convention does not apply, the Secretary shall 
                prescribe a certificate to be issued as 
                evidence of a vessel's measurement under this 
                chapter.'';
                  (B) in subsection (b), by inserting ``issued 
                under this section'' after ``certificate''; and
                  (C) in the section heading by striking 
                ``International'' and ``(1969)''.
          (2) Maintenance.--Section 14503 of that title is 
        amended--
                  (A) by designating the existing text as 
                subsection (a); and
                  (B) by adding at the end the following new 
                subsection:
  ``(b) The certificate shall be maintained as required by the 
Secretary.''.
          (3) Clerical amendment.--The analysis at the 
        beginning of chapter 143 of that title is amended by 
        striking the item relating to section 14303 and 
        inserting the following:

``14303. Tonnage Certificate.''.

  (f) Optional Regulatory Measurement.--Section 14305(a) of 
that title is amended by striking ``documented vessel measured 
under this chapter,'' and inserting ``vessel measured under 
this chapter that is of United States registry or nationality, 
or a vessel operated under the authority of the United 
States,''.
  (g) Application.--Section 14501 of that title is amended--
          (1) by amending paragraph (1) to read as follows:
          ``(1) A vessel not measured under chapter 143 of this 
        title if the application of an international agreement 
        or other law of the United States to the vessel depends 
        on the vessel's tonnage.''; and
          (2) in paragraph (2), by striking ``a vessel'' and 
        inserting ``A vessel''.
  (h) Dual Tonnage Measurement.--Section 14513(c) of that title 
is amended--
          (1) in paragraph (1)--
                  (A) by striking ``vessel's tonnage mark is 
                below the uppermost part of the load line 
                marks,'' and inserting ``vessel is assigned two 
                sets of gross and net tonnages under this 
                section,''; and
                  (B) by inserting ``vessel's tonnage'' before 
                ``mark'' the second place such term appears; 
                and
          (2) in paragraph (2), by striking the period at the 
        end and inserting ``as assigned under this section.''.
  (i) Reciprocity for Foreign Vessels.--Subchapter II of 
chapter 145 of that title is amended by adding at the end the 
following:

``Sec. 14514. Reciprocity for foreign vessels

  ``For a foreign vessel not measured under chapter 143, if the 
Secretary finds that the laws and regulations of a foreign 
country related to measurement of vessels are substantially 
similar to those of this chapter and the regulations prescribed 
under this chapter, the Secretary may accept the measurement 
and certificate of a vessel of that foreign country as 
complying with this chapter and the regulations prescribed 
under this chapter.''.
  (j) Clerical Amendment.--The analysis for subchapter II of 
chapter 145 of such title is amended by adding at the end the 
following:

``14514. Reciprocity for foreign vessels.''.

SEC. 306. COLD WEATHER SURVIVAL TRAINING.

  (a) Report.--The Commandant of the Coast Guard shall report 
to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate on the efficacy of 
cold weather survival training conducted by the Coast Guard in 
Coast Guard District 17 over the preceding 5 years. The report 
shall include plans for conducting such training in fiscal 
years 2008 through 2011.
  (b) Authorization of Appropriations for Training.--There are 
authorized to be appropriated to the Secretary of Homeland 
Security $150,000 to carry out cold weather survival training 
in Coast Guard District 17.

SEC. 307. FISHING VESSEL SAFETY.

  (a) Safety Standards.--Section 4502 of title 46, United 
States Code, is amended--
          (1) in subsection (a), by--
                  (A) striking paragraphs (6) and (7) and 
                inserting the following:
          ``(6) other equipment required to minimize the risk 
        of injury to the crew during vessel operations, if the 
        Secretary determines that a risk of serious injury 
        exists that can be eliminated or mitigated by that 
        equipment; and''; and
                  (B) redesignating paragraph (8) as paragraph 
                (7);
          (2) in subsection (b)--
                  (A) in paragraph (1) in the matter preceding 
                subparagraph (A), by striking ``documented'';
                  (B) in paragraph (1)(A), by striking ``the 
                Boundary Line'' and inserting ``3 nautical 
                miles from the baseline from which the 
                territorial sea of the United States is 
                measured or beyond 3 nautical miles from the 
                coastline of the Great Lakes'';
                  (C) in paragraph (2)(B), by striking 
                ``lifeboats or liferafts'' and inserting ``a 
                survival craft that ensures that no part of an 
                individual is immersed in water'';
                  (D) in paragraph (2)(D), by inserting 
                ``marine'' before ``radio'';
                  (E) in paragraph (2)(E), by striking ``radar 
                reflectors, nautical charts, and anchors'' and 
                inserting ``nautical charts, and 
                publications'';
                  (F) in paragraph (2)(F), by striking ``, 
                including medicine chests'' and inserting ``and 
                medical supplies sufficient for the size and 
                area of operation of the vessel'' and
                  (G) by amending paragraph (2)(G) to read as 
                follows:
          ``(G) ground tackle sufficient for the vessel.'';
          (3) by amending subsection (f) to read as follows:
  ``(f) To ensure compliance with the requirements of this 
chapter, the Secretary--
          ``(1) shall require the individual in charge of a 
        vessel described in subsection (b) to keep a record of 
        equipment maintenance, and required instruction and 
        drills; and
          ``(2) shall examine at dockside a vessel described in 
        subsection (b) at least twice every 5 years, and shall 
        issue a certificate of compliance to a vessel meeting 
        the requirements of this chapter.''; and
          (4) by adding at the end the following:
  ``(g)(1) The individual in charge of a vessel described in 
subsection (b) must pass a training program approved by the 
Secretary that meets the requirements in paragraph (2) of this 
subsection and hold a valid certificate issued under that 
program.
  ``(2) The training program shall--
          ``(A) be based on professional knowledge and skill 
        obtained through sea service and hands-on training, 
        including training in seamanship, stability, collision 
        prevention, navigation, fire fighting and prevention, 
        damage control, personal survival, emergency medical 
        care, and weather;
          ``(B) require an individual to demonstrate ability to 
        communicate in an emergency situation and understand 
        information found in navigation publications;
          ``(C) recognize and give credit for recent past 
        experience in fishing vessel operation; and
          ``(D) provide for issuance of a certificate to an 
        individual that has successfully completed the program.
  ``(3) The Secretary shall prescribe regulations implementing 
this subsection. The regulations shall require that individuals 
who are issued a certificate under paragraph (2)(D) must 
complete refresher training at least once every 5 years as a 
condition of maintaining the validity of the certificate.
  ``(4) The Secretary shall establish a publicly accessible 
electronic database listing the names of individuals who have 
participated in and received a certificate confirming 
successful completion of a training program approved by the 
Secretary under this section.
  ``(h) A vessel to which this chapter applies shall be 
constructed in a manner that provides a level of safety 
equivalent to the minimum safety standards the Secretary may 
established for recreational vessels under section 4302, if--
          ``(1) subsection (b) of this section applies to the 
        vessel;
          ``(2) the vessel is less than 50 feet overall in 
        length; and
          ``(3) the vessel is built after January 1, 2008.
  ``(i)(1) The Secretary shall establish a Fishing Safety 
Training Grants Program to provide funding to municipalities, 
port authorities, other appropriate public entities, not-for-
profit organizations, and other qualified persons that provide 
commercial fishing safety training--
          ``(A) to conduct fishing vessel safety training for 
        vessel operators and crewmembers that--
                  ``(i) in the case of vessel operators, meets 
                the requirements of subsection (g); and
                  ``(ii) in the case of crewmembers, meets the 
                requirements of subsection (g)(2)(A), such 
                requirements of subsection (g)(2)(B) as are 
                appropriate for crewmembers, and the 
                requirements of subsections (g)(2)(D), (g)(3), 
                and (g)(4); and
          ``(B) for purchase of safety equipment and training 
        aids for use in those fishing vessel safety training 
        programs.
  ``(2) The Secretary shall award grants under this subsection 
on a competitive basis.
  ``(3) The Federal share of the cost of any activity carried 
out with a grant under this subsection shall not exceed 75 
percent.
  ``(4) There is authorized to be appropriated $3,000,000 for 
each of fiscal years 2008 through 2012 for grants under this 
subsection.
  ``(j)(1) The Secretary shall establish a Fishing Safety 
Research Grant Program to provide funding to individuals in 
academia, members of non-profit organizations and businesses 
involved in fishing and maritime matters, and other persons 
with expertise in fishing safety, to conduct research on 
methods of improving the safety of the commercial fishing 
industry, including vessel design, emergency and survival 
equipment, enhancement of vessel monitoring systems, 
communications devices, de-icing technology, and severe weather 
detection.
  ``(2) The Secretary shall award grants under this subsection 
on a competitive basis.
  ``(3) The Federal share of the cost of any activity carried 
out with a grant under this subsection shall not exceed 75 
percent.''.
  (b) Conforming Amendment.--Section 4506(b) of title 46, 
United States Code, is repealed.
  (c) Advisory Committee.--
          (1) Change of name.--Section 4508 of title 46, United 
        States Code, is amended--
                  (A) by striking the section heading and 
                inserting the following:

``Sec. 4508. Commercial Fishing Safety Advisory Committee'';

                and
                  (B) in subsection (a) by striking ``Industry 
                Vessel''.
          (2) Clerical amendment.--The table of section at the 
        beginning of chapter 45 of title 46, United States 
        Code, is amended by striking the item relating to such 
        section and inserting the following:

``4508. Commercial Fishing Safety Advisory Committee.''.

  (d) Loadlines for Vessels Over 79 Feet.--Section 5102(b)(3) 
of title 46, United States Code, is amended by inserting after 
``vessel'' the following ``, unless the vessel is built or 
undergoes a major conversion completed after January 1, 2008''.
  (e) Classing of Vessels.--
          (1) In general.--Section 4503 of title 46, United 
        States Code, is amended--
                  (A) by striking the section heading and 
                inserting the following:

``Sec. 4503. Fishing, fish tender, and fish processing vessel 
                    certification'';

                  (B) in subsection (a) by striking ``fish 
                processing''; and
                  (C) by adding at the end the following:
  ``(c) This section applies to a vessel to which section 
4502(b) of this title applies that--
          ``(1) is at least 50 feet overall in length;
          ``(2) is built after January 1, 2008; or
          ``(3) undergoes a major conversion completed after 
        that date.
  ``(d)(1) After January 1, 2018, a fishing vessel, fish 
processing vessel, or fish tender vessel to which section 
4502(b) of this title applies shall comply with an alternate 
safety compliance program that is developed in cooperation with 
the commercial fishing industry and prescribed by the 
Secretary, if the vessel--
          ``(A) is at least 50 feet overall in length;
          ``(B) is built before January 1, 2008; and
          ``(C) is 25 years of age or older.
  ``(2) Alternative safety compliance programs may be developed 
for purposes of paragraph (1) for specific regions and 
fisheries.
  ``(3) A fishing vessel, fish processing vessel, or fish 
tender vessel to which section 4502(b) of this title applies 
that was classed before January 1, 2008, shall--
          ``(A) remain subject to the requirements of a 
        classification society approved by the Secretary; and
          ``(B) have on board a certificate from that 
        society.''.
          (2) Clerical amendment.--The table of section at the 
        beginning of chapter 45 of title 46, United States 
        Code, is amended by striking the item relating to such 
        section and inserting the following:

``4503. Fishing, fish tender, and fish processing vessel 
          certification.''.

  (f) Alternative Safety Compliance Program.--No later than 
January 1, 2015, the Secretary of the department in which the 
Coast Guard is operating shall prescribe an alternative safety 
compliance program referred to in section 4503(d) of the title 
46, United States Code, as amended by this section.

SEC. 308. MARINER RECORDS.

  Section 7502 of title 46, United States Code, is amended--
          (1) by inserting ``(a)'' before ``The'';
          (2) by striking ``computerized records'' and 
        inserting ``records, including electronic records,''; 
        and
          (3) by adding at the end the following:
  ``(b) The Secretary may prescribe regulations requiring a 
vessel owner or managing operator of a commercial vessel, or 
the employer of a seaman on that vessel, to maintain records of 
each individual engaged on the vessel on matters of engagement, 
discharge, and service for not less than 5 years after the date 
of the completion of the service of that individual on the 
vessel. The regulations may require that a vessel owner, 
managing operator, or employer shall make these records 
available to the individual and the Coast Guard on request.
  ``(c) A person violating this section, or a regulation 
prescribed under this section, is liable to the United States 
Government for a civil penalty of not more than $5,000.''.

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

  Section 8905 of title 46, United States Code, is amended--
          (1) by striking subsection (b); and
          (2) by redesignating subsection (c) as subsection 
        (b).

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

  Section 1004(d)(2) of the Oil Pollution Act of 1990 (33 
U.S.C. 2704(d)(2)) is amended by adding at the end the 
following:
                  ``(D) The Secretary may establish, by 
                regulation, a limit of liability of not less 
                than $12,000,000 for a deepwater port used only 
                in connection with transportation of natural 
                gas.''.

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

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

SEC. 312. LOG BOOKS.

  (a) In General.--Chapter 113 of title 46, United States Code, 
is amended by adding at the end the following:

``Sec. 11304. Additional logbook and entry requirements

  ``(a) A vessel of the United States that is subject to 
inspection under section 3301 of this title, except a vessel on 
a voyage from a port in the United States to a port in Canada, 
shall have an official logbook, which shall be kept available 
for review by the Secretary on request.
  ``(b) The log book required by subsection (a) shall include 
the following entries:
          ``(1) The time when each seaman and each officer 
        assumed or relieved the watch.
          ``(2) The number of hours in service to the vessels 
        of each seaman and each officer.
          ``(3) An account of each accident, illness, and 
        injury that occurs during each watch.''.
  (b) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by adding at the end the 
following:

``11304. Additional logbook and entry requirements.''.

SEC. 313. UNSAFE OPERATION.

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

``Sec. 2116. Termination for unsafe operation

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

``2116. Termination for unsafe operation.''.

SEC. 314. APPROVAL OF SURVIVAL CRAFT.

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

``Sec. 3104. Survival craft

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

``3104. Survival craft.''.

SEC. 315. SAFETY MANAGEMENT.

  (a) Vessels to Which Requirements Apply.--Section 3202 of 
title 46, United States Code, is amended--
          (1) in subsection (a) by striking the heading and 
        inserting ``Foreign Voyages and Foreign Vessels.--'';
          (2) by redesignating subsections (b) and (c) as 
        subsections (c) and (d), respectively;
          (3) by inserting after subsection (a) the following:
  ``(b) Other Passenger Vessels.--This chapter applies to a 
vessel that is--
          ``(1) a passenger vessel or small passenger vessel; 
        and
          ``(2) is transporting more passengers than a number 
        prescribed by the Secretary based on the number of 
        individuals on the vessel that could be killed or 
        injured in a marine casualty.'';
          (4) in subsection (d), as so redesignated, by 
        striking ``subsection (b)'' and inserting ``subsection 
        (c)'';
          (5) in subsection (d)(4), as so redesignated, by 
        inserting ``that is not described in subsection (b) of 
        this section'' after ``waters''.
  (b) Safety Management System.--Section 3203 of title 46, 
United States Code, is amended by adding at the end the 
following new subsection:
  ``(c) In prescribing regulations for passenger vessels and 
small passenger vessels, the Secretary shall consider--
          ``(1) the characteristics, methods of operation, and 
        nature of the service of these vessels; and
          ``(2) with respect to vessels that are ferries, the 
        sizes of the ferry systems within which the vessels 
        operate.''.

SEC. 316. PROTECTION AGAINST DISCRIMINATION.

  (a) In General.--Section 2114 of title 46, United States 
Code, is amended--
          (1) in subsection (a)(1)(A), by striking ``or'' after 
        the semicolon;
          (2) in subsection (a)(1)(B), by striking the period 
        at the end and inserting a semicolon;
          (3) by adding at the end of subsection (a)(1) the 
        following new subparagraphs:
          ``(C) the seaman testified in a proceeding brought to 
        enforce a maritime safety law or regulation prescribed 
        under that law;
          ``(D) the seaman notified, or attempted to notify, 
        the vessel owner or the Secretary of a work-related 
        personal injury or work-related illness of a seaman;
          ``(E) the seaman cooperated with a safety 
        investigation by the Secretary or the National 
        Transportation Safety Board;
          ``(F) the seaman furnished information to the 
        Secretary, the National Transportation Safety Board, or 
        any other public official as to the facts relating to 
        any marine casualty resulting in injury or death to an 
        individual or damage to property occurring in 
        connection with vessel transportation; or
          ``(G) the seaman accurately reported hours of duty 
        under this part.''; and
          (4) by amending subsection (b) to read as follows:
  ``(b) A seaman alleging discharge or discrimination in 
violation of subsection (a) of this section, or another person 
at the seaman's request, may file a complaint with respect to 
such allegation in the same manner as a complaint may be filed 
under subsection (b) of section 31105 of title 49. Such 
complaint shall be subject to the procedures, requirements, and 
rights described in that section, including with respect to the 
right to file an objection, the right of a person to file for a 
petition for review under subsection (c) of that section, and 
the requirement to bring a civil action under subsection (d) of 
that section.''.
  (b) Existing Actions.--This section shall not affect the 
application of section 2114(b) of title 46, United States Code, 
as in effect before the date of enactment of this Act, to an 
action filed under that section before that date.

SEC. 317. DRY BULK CARGO RESIDUE.

  Section 623(a)(2) of the Coast Guard and Maritime 
Transportation Act of 2004 (33 U.S.C. 1901 note) is amended by 
striking ``2008'' and inserting ``2011''.

SEC. 318. OIL FUEL TANK PROTECTION.

  Section 3306 of title 46, United States Code, is amended by 
adding at the end the following new subsection:
  ``(k)(1) Each vessel of the United States that is constructed 
under a contract entered into after the date of enactment of 
the Coast Guard Authorization Act of 2008, or that is delivered 
after August 1, 2010, with an aggregate capacity of 600 cubic 
meters or more of oil fuel, shall comply with the requirements 
of Regulation 12A under Annex I to the Protocol of 1978 
relating to the International Convention for the Prevention of 
Pollution from Ships, 1973, entitled `Oil Fuel Tank 
Protection.'
  ``(2) The Secretary may prescribe regulations to apply the 
requirements described in Regulation 12A to vessels described 
in paragraph (1) that are not otherwise subject to that 
convention. Any such regulation shall be considered to be an 
interpretive rule for the purposes of section 553 of title 5.
  ``(3) In this subsection the term `oil fuel' means any oil 
used as fuel in connection with the propulsion and auxiliary 
machinery of the vessel in which such oil is carried.''.

SEC. 319. REGISTRY ENDORSEMENT FOR LNG VESSELS.

  Section 12111 of title 46, United States Code, is amended by 
adding at the end the following:
  ``(d)(1) A vessel for which a registry endorsement is not 
issued may not engage in regasifying on navigable waters unless 
the vessel transported the gas from a foreign port.
  ``(2) Nothing in paragraph (1) or any other provision of this 
title may be construed as--
          ``(A) applying to such paragraph a definition of the 
        term `vessel' that includes any structure on, in, or 
        under the navigable waters of the United States that 
        the Coast Guard regulates as a waterfront facility 
        handling liquified natural gas under part 127 of title 
        33, Code of Federal Regulations; or
          ``(B) having any effect on the jurisdiction of the 
        Federal Energy Regulatory Commission under section 
        3(e)(1) of the Natural Gas Act.
  ``(3) Paragraph (2)(A) does not affect the authority of the 
Coast Guard to modify the provisions of part 127 of title 33, 
Code of Federal Regulations.''.

SEC. 320. OATHS.

  Sections 7105 and 7305 of title 46, United States Code, and 
the items relating to such sections in the analysis for 
chapters 71 and 73 of such title, are repealed.

SEC. 321. DURATION OF CREDENTIALS.

  (a) Merchant Mariner's Documents.--Section 7302(f) of title 
46, United States Code, is amended to read as follows:
  ``(f) Periods of Validity and Renewal of Merchant Mariners' 
Documents.--
          ``(1) In general.--Except as provided in subsection 
        (g), a merchant mariner's document issued under this 
        chapter is valid for a 5-year period and may be renewed 
        for additional 5-year periods.
          ``(2) Advance renewals.--A renewed merchant mariner's 
        document may be issued under this chapter up to 8 
        months in advance but is not effective until the date 
        that the previously issued merchant mariner's document 
        expires.''.
  (b) Duration of Licenses.--Section 7106 of such title is 
amended to read as follows:

``Sec. 7106. Duration of licenses

  ``(a) In General.--A license issued under this part is valid 
for a 5-year period and may be renewed for additional 5-year 
periods; except that the validity of a license issued to a 
radio officer is conditioned on the continuous possession by 
the holder of a first-class or second-class radiotelegraph 
operator license issued by the Federal Communications 
Commission.
  ``(b) Advance Renewals.--A renewed license issued under this 
part may be issued up to 8 months in advance but is not 
effective until the date that the previously issued license 
expires.''.
  (c) Certificates of Registry.--Section 7107 of such title is 
amended to read as follows:

``Sec. 7107. Duration of certificates of registry

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

SEC. 322. FINGERPRINTING.

  (a) Merchant Mariner Licenses and Documents.--Chapter 75 of 
title 46, United States Code, is amended by adding at the end 
the following:

``Sec. 7507. Fingerprinting

  ``The Secretary of the Department in which the Coast Guard is 
operating may not require an individual to be fingerprinted for 
the issuance or renewal of a license, a certificate of 
registry, or a merchant mariner's document under chapter 71 or 
73 if the individual was fingerprinted when the individual 
applied for a transportation security card under section 
70105.''.
  (b) Clerical Amendment.--The analysis for such chapter is 
amended by adding at the end the following:

``7507. Fingerprinting.''.

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

  (a) Merchant Mariner Licenses and Documents.--Chapter 75 of 
title 46, United States Code, as amended by section 322(a) of 
this Act, is further amended by adding at the end the 
following:

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

  ``(a) Licenses and Certificates of Registry.--Notwithstanding 
section 7106 and 7107, the Secretary of the department in which 
the Coast Guard is operating may extend for one year an 
expiring license or certificate of registry issued for an 
individual under chapter 71 if the Secretary determines that 
extension is required to enable the Coast Guard to eliminate a 
backlog in processing applications for those licenses or 
certificates of registry.
  ``(b) Merchant Mariner Documents.--Notwithstanding section 
7302(g), the Secretary may extend for one year an expiring 
merchant mariner's document issued for an individual under 
chapter 71 if the Secretary determines that extension is 
required to enable the Coast Guard to eliminate a backlog in 
processing applications for those documents.
  ``(c) Manner of Extension.--Any extensions granted under this 
section may be granted to individual seamen or a specifically 
identified group of seamen.
  ``(d) Expiration of Authority.--The authority for providing 
an extension under this section shall expire on June 30, 
2009.''.
  (b) Clerical Amendment.--The analysis for such chapter, as 
amended by section 322(b), is further amended by adding at the 
end the following:

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

SEC. 324. MERCHANT MARINER DOCUMENTATION.

  (a) Interim Clearance Process.--Not later than 180 days after 
the date of enactment of this Act, the Secretary of the 
department in which the Coast Guard is operating shall develop 
an interim clearance process for issuance of a merchant mariner 
document to enable a newly hired seaman to begin working on an 
offshore supply vessel or towing vessel if the Secretary makes 
an initial determination that the seaman does not pose a safety 
and security risk.
  (b) Contents of Process.--The process under subsection (a) 
shall include a check against the consolidated and integrated 
terrorist watch list maintained by the Federal Government, 
review of the seaman's criminal record, and review of the 
results of testing the seaman for use of a dangerous drug (as 
defined in section 2101 of title 46, United States Code) in 
violation of law or Federal regulation.

SEC. 325. MERCHANT MARINER ASSISTANCE REPORT.

  Not later than 180 days after the date of enactment of this 
Act, the Commandant of the Coast Guard shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report regarding a plan--
          (1) to expand the streamlined evaluation process 
        program that was affiliated with the Houston Regional 
        Examination Center of the Coast Guard to all processing 
        centers of the Coast Guard nationwide;
          (2) to include proposals to simplify the application 
        process for a license as an officer, staff officer, or 
        operator and for a merchant mariner's document to help 
        eliminate errors by merchant mariners when completing 
        the application form (CG-719B), including instructions 
        attached to the application form and a modified 
        application form for renewals with questions pertaining 
        only to the period of time since the previous 
        application;
          (3) to provide notice to an applicant of the status 
        of the pending application, including a process to 
        allow the applicant to check on the status of the 
        application by electronic means; and
          (4) to ensure that all information collected with 
        respect to applications for new or renewed licenses, 
        merchant mariner documents, and certificates of 
        registry is retained in a secure electronic format.

SEC. 326. MERCHANT MARINER SHORTAGE REPORT.

  Not later than 180 days after the date of enactment of this 
Act, the Secretary of Transportation, acting through the 
Administrator of the Maritime Administration, shall submit to 
the Committee on Transportation and Infrastructure of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report concerning methods to 
address the current and future shortage in the number of 
merchant mariners, particularly entry-level mariners, including 
an evaluation of whether an educational loan program providing 
loans for the cost of on-the-job training would provide an 
incentive for workers and help alleviate the shortage.

SEC. 327. MERCHANT MARINER DOCUMENT STANDARDS.

  Not later than 270 days after the date of enactment of this 
Act, the Secretary of the department in which the Coast Guard 
is operating shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate--
          (1) a plan to ensure that the process for an 
        application, by an individual who has, or has applied 
        for, a transportation security card under section 70105 
        of title 46, United States Code, for a merchant mariner 
        document can be completed entirely by mail; and
          (2) a report on the feasibility of, and a timeline 
        to, redesign the merchant mariner document to comply 
        with the requirements of such section, including a 
        biometric identifier, and all relevant international 
        conventions, including the International Labour 
        Organization Convention Number 185 concerning the 
        seafarers identity document, and include a review on 
        whether or not such redesign will eliminate the need 
        for separate credentials and background screening and 
        streamline the application process for mariners.

SEC. 328. REPORT ON COAST GUARD DETERMINATIONS.

   Not later than 180 days after enactment of this Act, the 
Secretary of Homeland Security shall provide to the Committee 
on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the loss of United 
States shipyard jobs and industrial base expertise as a result 
of rebuild, conversion, and double-hull work on United States-
flag vessels eligible to engage in the coastwise trade being 
performed in foreign shipyards, enforcement of the Coast 
Guard's foreign rebuild determination regulations, and 
recommendations for improving the transparency in the Coast 
Guard's foreign rebuild determination process.

SEC. 329. PILOT REQUIRED.

  Section 8502(g) of title 46, United States Code, is amended--
          (1) in paragraph (1), by inserting ``and Buzzards 
        Bay, Massachusetts'' before ``, if any,''; and
          (2) by adding at the end the following:
          ``(3) In any area of Buzzards Bay, Massachusetts, 
        where a single-hull tanker or tank vessel carrying 
        5,000 or more barrels of oil or other hazardous 
        material is required to be under the direction and 
        control of a pilot, the pilot may not be a member of 
        the crew of that vessel, and shall be a pilot 
        licensed--
                  ``(A) by the State of Massachusetts who is 
                operating under a Federal first class pilot's 
                license; or
                  ``(B) under section 7101 of this title who 
                has made at least 20 round trips on a vessel as 
                a quartermaster, wheelsman, able seaman, or 
                apprentice pilot, or in an equivalent capacity, 
                including--
                          ``(i) at least 1 round trip through 
                        Buzzards Bay in the preceding 12-month 
                        period; and
                          ``(ii) if the vessel will be 
                        navigating in periods of darkness in an 
                        area of Buzzards Bay where a vessel is 
                        required by regulation to have a pilot, 
                        at least 5 round trips through Buzzards 
                        Bay during periods of darkness.''.

SEC. 330. OFFSHORE SUPPLY VESSELS.

   (a) Definition.--Section 2101(19) of title 46, United States 
Code, is amended by striking ``of more than 15 gross tons but 
less than 500 gross tons as measured under section 14502 of 
this title, or an alternate tonnage measured under section 
14302 of this title as prescribed by the Secretary under 
section 14104 of this title''.
  (b) Exemption.--Section 5209(b)(1) of the Oceans Act of 1992 
(Public Law 102-587; 46 U.S.C. 2101 note) is amended by 
inserting before the period at the end the following: ``of less 
than 500 gross tons as measured under section 14502, or an 
alternate tonnage measured under section 14302 of this title as 
prescribed by the Secretary under section 14104 of this 
title.''.
  (c) Watches.--Section 8104 of title 46, United States Code, 
is amended--
          (1) in subsection (g), by inserting after ``offshore 
        supply vessel'' the following: ``of less than 500 gross 
        tons as measured under section 14502 of this title, or 
        an alternate tonnage measured under section 14302 of 
        this title as prescribed by the Secretary under section 
        14104 of this title,'';
          (2) in subsection (d), by inserting ``(1)'' after 
        ``(d)'', and by adding at the end the following:
  ``(2) Paragraph (1) does not apply to an offshore supply 
vessel of more than 6,000 gross tons as measured under section 
14302 of this title if the individuals engaged on the vessel 
are in compliance with hours of service requirements (including 
recording and record-keeping of that service) prescribed by the 
Secretary.''; and
          (3) in subsection (e), by striking ``subsection (d)'' 
        and inserting ``subsection (d)(1)''.
  (d) Minimum Number of Licensed Individuals.--Section 8301(b) 
of title 46, United States Code, is amended to read as follows:
  ``(b)(1) An offshore supply vessel shall have at least one 
mate. Additional mates on an offshore supply vessel of more 
than 6,000 gross tons as measured under section 14302 of this 
title shall be prescribe in accordance with hours of service 
requirements (including recording and record-keeping of that 
service) prescribed by the Secretary.
  ``(2) An offshore supply vessel of more than 200 gross tons 
as measured under section 14502 of this title, or an alternate 
tonnage measured under section 14302 of this title as 
prescribed by the Secretary under section 14104 of this title, 
may not be operated without a licensed engineer.''.

SEC. 331. RECREATIONAL VESSEL OPERATOR EDUCATION AND TRAINING.

  (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of the department in which 
the Coast Guard is operating shall study and report to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committees on Commerce, Science, and 
Transportation of the Senate regarding recreational vessel 
operator training. The study and report shall included a review 
of--
          (1) Coast Guard Auxiliary and Power Squadron training 
        programs;
          (2) existing State boating education programs, 
        including programs by the National Association of State 
        Boating Law Administrators (in this section referred to 
        as ``NASBLA''); and
          (3) other hands-on training programs available to 
        recreational vessel operators.
  (b) Included Subjects.--The study shall specifically 
examine--
          (1) course materials;
          (2) course content;
          (3) training methodology;
          (4) assessment methodology; and
          (5) relevancy of course content to risks for 
        recreational boaters.
  (c) Contents of Report.--The report under this section shall 
include--
          (1) a section regarding steps the Coast Guard and 
        NASBLA have taken to encourage States to adopt 
        mandatory recreational vessel operator training;
          (2) an evaluation of the ability of the States to 
        harmonize their education programs and testing 
        procedures;
          (3) an analysis of the extent States have provided 
        reciprocity among the States for their respective 
        mandatory and voluntary education requirements and 
        programs;
          (4) a section examining the level of uniformity of 
        education and training between the States that 
        currently have mandatory education and training 
        programs;
          (5) a section outlining the minimum standards for 
        education of recreational vessel operators;
          (6) a section analyzing how a Federal training and 
        testing program can be harmonized with State training 
        and testing programs;
          (7) analysis of course content and delivery 
        methodology for relevancy to risks for recreational 
        boaters;
          (8) a description of the current phase-in periods for 
        mandatory boater education in State mandatory education 
        programs and recommendation for the phase-in period for 
        a mandatory boater education program including an 
        evaluation as to whether the phase-in period affects 
        course availability and cost;
          (9) a description of the extent States allow for 
        experienced boaters to by-pass mandatory education 
        courses and go directly to testing;
          (10) recommendations for a by-pass option for 
        experienced boaters;
          (11) a section analyzing how the Coast Guard would 
        administer a Federal boating education, training, and 
        testing program; and
          (12) the extent to which a Federal boating education, 
        training, and testing program should be required for 
        all waters of a State, including internal waters.

SEC. 332. SHIP EMISSION REDUCTION TECHNOLOGY DEMONSTRATION PROJECT.

  (a) Study.--The Commandant of the Coast Guard shall conduct a 
study--
          (1) on the methods and best practices of the use of 
        exhaust emissions reduction technology on cargo or 
        passenger ships that operate in United States waters 
        and ports; and
          (2) that identifies the Federal, State, and local 
        laws, regulations, and other requirements that affect 
        the ability of any entity to effectively demonstrate 
        onboard technology for the reduction of contaminated 
        emissions from ships.
  (b) Report.--Within 180 days after the date of enactment of 
this Act, the Commandant shall submit a report on the results 
of the study conducted under subsection (a) to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate.

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. CERTIFICATE OF DOCUMENTATION FOR GALLANT LADY.

  Section 1120(c) of the Coast Guard Authorization Act of 1996 
(110 Stat. 3977) is amended--
          (1) in paragraph (1)--
                  (A) by striking ``of Transportation'' and 
                inserting ``of the department in which the 
                Coast Guard is operating''; and
                  (B) by striking subparagraph (A) and 
                inserting the following:
                  ``(A) the vessel GALLANT LADY (Feadship hull 
                number 672, approximately 168 feet in 
                length).'';
          (2) by striking paragraphs (3) and (4) and 
        redesignating paragraph (5) as paragraph (3); and
          (3) in paragraph (3) (as so redesignated) by striking 
        all after ``shall expire'' and inserting ``on the date 
        of the sale of the vessel by the owner.''.

SEC. 402. WAIVER.

  Notwithstanding section 12112 and chapter 551 of title 46, 
United States Code, the Secretary of the department in which 
the Coast Guard is operating may issue a certificate of 
documentation with a coastwise endorsement for the OCEAN 
VERITAS (IMO Number 7366805).

SEC. 403. GREAT LAKES MARITIME RESEARCH INSTITUTE.

  Section 605 of the Coast Guard and Maritime Transportation 
Act of 2004 (118 Stat. 1052) is amended--
          (1) in subsection (b)(1)--
                  (A) by striking ``The Secretary of 
                Transportation shall conduct a study that'' and 
                inserting ``The Institute shall conduct 
                maritime transportation studies of the Great 
                Lakes region, including studies that'';
                  (B) in subparagraphs (A), (B), (C), (E), (F), 
                (H), (I), and (J) by striking ``evaluates'' and 
                inserting ``evaluate'';
                  (C) in subparagraphs (D) and (G) by striking 
                ``analyzes'' and inserting ``analyze'';
                  (D) by striking ``and'' at the end of 
                subparagraph (I);
                  (E) by striking the period at the end of 
                subparagraph (J) and inserting a semicolon;
                  (F) by adding at the end the following:
                  ``(K) identify ways to improve the 
                integration of the Great Lakes marine 
                transportation system into the national 
                transportation system;
                  ``(L) examine the potential of expanded 
                operations on the Great Lakes marine 
                transportation system;
                  ``(M) identify ways to include intelligent 
                transportation applications into the Great 
                Lakes marine transportation system;
                  ``(N) analyze the effects and impacts of 
                aging infrastructure and port corrosion on the 
                Great Lakes marine transportation system;
                  ``(O) establish and maintain a model Great 
                Lakes marine transportation system database; 
                and
                  ``(P) identify market opportunities for, and 
                impediments to, the use of United States-flag 
                vessels in trade with Canada on the Great 
                Lakes.''; and
          (2) by striking subsection (b)(4) and inserting the 
        following:
          ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out paragraph 
        (1)--
                  ``(A) $2,200,000 for fiscal year 2008;
                  ``(B) $2,300,000 for fiscal year 2009;
                  ``(C) $2,400,000 for fiscal year 2010; and
                  ``(D) $2,500,000 for fiscal year 2011.''.

SEC. 404. CONVEYANCE.

  (a) Station Brant Point Boat House.--
          (1) Requirement.--The Secretary of the department in 
        which the Coast Guard is operating shall convey to the 
        town of Nantucket, Massachusetts, all right, title, and 
        interest of the United States in and to the buildings 
        known as the Station Brant Point Boat House located at 
        Coast Guard Station Brant Point, Nantucket, 
        Massachusetts, for use for a public purpose.
          (2) Terms of conveyance.--A conveyance of the 
        building under paragraph (1) shall be made--
                  (A) without the payment of consideration; and
                  (B) subject to appropriate terms and 
                conditions the Secretary considers necessary.
          (3) Reversionary interest.--All right, title, and 
        interest in property conveyed under this subsection 
        shall revert to the United States if any portion of the 
        property is used other than for a public purpose.
  (b) Lease.--
          (1) Requirement.--The Secretary of the department in 
        which the Coast Guard is operating shall enter into a 
        lease with the town of Nantucket that authorizes the 
        town of Nantucket to occupy the land on which the 
        buildings conveyed under subsection (a) are located, 
        subject to appropriate terms and conditions the 
        Secretary considers necessary.
          (2) Lease term.--A lease under this subsection shall 
        not expire before January 31, 2033.
          (3) Termination of lease.--If the Secretary 
        determines that the property leased under paragraph (1) 
        is necessary for purposes of the Coast Guard, the 
        Secretary--
                  (A) may terminate the lease without payment 
                of compensation; and
                  (B) shall provide the town of Nantucket not 
                less than 12 months notice of the requirement 
                to vacate the site and move the buildings 
                conveyed under subsection (a) to another 
                location.

SEC. 405. CREW WAGES ON PASSENGER VESSELS.

  (a) Foreign and Intercoastal Voyages.--
          (1) Cap on penalty wages.--Section 10313(g) of title 
        46, United States Code, is amended--
                  (A) by striking ``When'' and inserting ``(1) 
                Subject to paragraph (2), when''; and
                  (B) by adding at the end the following:
  ``(2) The total amount required to be paid under paragraph 
(1) with respect to all claims in a class action suit by seamen 
on a passenger vessel capable of carrying more than 500 
passengers for wages under this section against a vessel 
master, owner, or operator or the employer of the seamen shall 
not exceed ten times the unpaid wages that are the subject of 
the claims.
  ``(3) A class action suit for wages under this subsection 
must be commenced within three years after the later of--
          ``(A) the date of the end of the last voyage for 
        which the wages are claimed; or
          ``(B) the receipt, by a seaman who is a claimant in 
        the suit, of a payment of wages that are the subject of 
        the suit that is made in the ordinary course of 
        employment.''.
          (2) Deposits.--Section 10315 of such title is amended 
        by adding at the end the following:
  ``(f) Deposits in Seaman Account.--By written request signed 
by the seaman, a seaman employed on a passenger vessel capable 
of carrying more than 500 passengers may authorize the master, 
owner, or operator of the vessel, or the employer of the 
seaman, to make deposits of wages of the seaman into a 
checking, savings, investment, or retirement account, or other 
account to secure a payroll or debit card for the seaman if--
          ``(1) the wages designated by the seaman for such 
        deposit are deposited in a United States or 
        international financial institution designated by the 
        seaman;
          ``(2) such deposits in the financial institution are 
        fully guaranteed under commonly accepted international 
        standards by the government of the country in which the 
        financial institution is licensed;
          ``(3) a written wage statement or pay stub, including 
        an accounting of any direct deposit, is delivered to 
        the seaman no less often than monthly; and
          ``(4) while on board the vessel on which the seaman 
        is employed, the seaman is able to arrange for 
        withdrawal of all funds on deposit in the account in 
        which the wages are deposited.''.
  (b) Coastwise Voyages.--
          (1) Cap on penalty wages.--Section 10504(c) of such 
        title is amended--
                  (A) by striking ``When'' and inserting ``(1) 
                Subject to subsection (d), and except as 
                provided in paragraph (2), when''; and
                  (B) by inserting at the end the following:
  ``(2) The total amount required to be paid under paragraph 
(1) with respect to all claims in a class action suit by seamen 
on a passenger vessel capable of carrying more than 500 
passengers for wages under this section against a vessel 
master, owner, or operator or the employer of the seamen shall 
not exceed ten times the unpaid wages that are the subject of 
the claims.
  ``(3) A class action suit for wages under this subsection 
must be commenced within three years after the later of--
          ``(A) the date of the end of the last voyage for 
        which the wages are claimed; or
          ``(B) the receipt, by a seaman who is a claimant in 
        the suit, of a payment of wages that are the subject of 
        the suit that is made in the ordinary course of 
        employment.''.
          (2) Deposits.--Section 10504 of such title is amended 
        by adding at the end the following:
  ``(f) Deposits in Seaman Account.--On written request signed 
by the seaman, a seaman employed on a passenger vessel capable 
of carrying more than 500 passengers may authorize, the master, 
owner, or operator of the vessel, or the employer of the 
seaman, to make deposits of wages of the seaman into a 
checking, savings, investment, or retirement account, or other 
account to secure a payroll or debit card for the seaman if--
          ``(1) the wages designated by the seaman for such 
        deposit are deposited in a United States or 
        international financial institution designated by the 
        seaman;
          ``(2) such deposits in the financial institution are 
        fully guaranteed under commonly accepted international 
        standards by the government of the country in which the 
        financial institution is licensed;
          ``(3) a written wage statement or pay stub, including 
        an accounting of any direct deposit, is delivered to 
        the seaman no less often than monthly; and
          ``(4) while on board the vessel on which the seaman 
        is employed, the seaman is able to arrange for 
        withdrawal of all funds on deposit in the account in 
        which the wages are deposited.''.

SEC. 406. TECHNICAL CORRECTIONS.

  (a) Coast Guard and Maritime Transportation Act of 2006.--
Effective with enactment of the Coast Guard and Maritime 
Transportation Act of 2006 (Public Law 109-241), such Act is 
amended--
          (1) in section 311(b) (120 Stat. 530) by inserting 
        ``paragraphs (1) and (2) of'' before ``section 
        8104(o)'';
          (2) in section 603(a)(2) (120 Stat. 554) by striking 
        ``33 U.S.C. 2794(a)(2)'' and inserting ``33 U.S.C. 
        2704(a)(2)'';
          (3) in section 901(r)(2) (120 Stat. 566) by striking 
        ``the'' the second place it appears;
          (4) in section 902(c) (120 Stat. 566) by inserting 
        ``of the United States'' after ``Revised Statutes'';
          (5) in section 902(e) (120 Stat. 567) is amended--
                  (A) by inserting ``and'' after the semicolon 
                at the end of paragraph (1);
                  (B) by striking ``and'' at the end of 
                paragraph (2)(A); and
                  (C) by redesignating paragraphs (3) and (4) 
                as subparagraphs (C) and (D) of paragraph (2), 
                respectively, and aligning the left margin of 
                such subparagraphs with the left margin of 
                subparagraph (A) of paragraph (2);
          (6) in section 902(e)(2)(C) (as so redesignated) by 
        striking ``this section'' and inserting ``this 
        paragraph'';
          (7) in section 902(e)(2)(D) (as so redesignated) by 
        striking ``this section'' and inserting ``this 
        paragraph'';
          (8) in section 902(h)(1) (120 Stat. 567)--
                  (A) by striking ``Bisti/De-Na-Zin'' and all 
                that follows through ``Protection'' and 
                inserting ``Omnibus Parks and Public Lands 
                Management''; and
                  (B) by inserting a period after ``Commandant 
                of the Coast Guard'';
          (9) in section 902(k) (120 Stat. 568) is amended--
                  (A) by inserting ``the Act of March 23, 1906, 
                commonly known as'' before ``the General 
                Bridge'';
                  (B) by striking ``491)'' and inserting 
                ``494),''; and
                  (C) by inserting ``each place it appears'' 
                before ``and inserting''; and
          (10) in section 902(o) (120 Stat. 569) by striking 
        the period after ``Homeland Security''.
  (b) Title 14.--(1) The analysis for chapter 7 of title 14, 
United States Code, is amended by adding a period at the end of 
the item relating to section 149.
  (2) The analysis for chapter 17 of title 14, United States 
Code, is amended by adding a period at the end of the item 
relating to section 677.
  (3) The analysis for chapter 9 of title 14, United States 
Code, is amended by adding a period at the end of the item 
relating to section 198.
  (c) Title 46.--(1) The analysis for chapter 81 of title 46, 
United States Code, is amended by adding a period at the end of 
the item relating to section 8106.
  (2) Section 70105(c)(3)(C) of such title is amended by 
striking ``National Intelligence Director'' and inserting 
``Director of National Intelligence''.
  (d) Deepwater Port Act of 1974.--Section 5(c)(2) of the 
Deepwater Port Act of 1974 (33 U.S.C. 1504(c)(2)) is amended by 
aligning the left margin of subparagraph (K) with the left 
margin of subparagraph (L).
  (e) Oil Pollution Act of 1990.--(1) Section 1004(a)(2) of the 
Oil Pollution Act of 1990 (33 U.S.C. 2704(a)(2)) is amended by 
striking the first comma following ``$800,000''.
  (2) The table of sections in section 2 of such Act is amended 
by inserting a period at the end of the item relating to 
section 7002.
  (f) Coast Guard Authorization Act of 1996.--The table of 
sections in section 2 of the Coast Guard Authorization Act of 
1996 is amended in the item relating to section 103 by striking 
``reports'' and inserting ``report''.

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

  (a) In General.--Upon the scheduled decommissioning of the 
Coast Guard Cutter STORIS, the Commandant of the Coast Guard 
shall convey, without consideration, all right, title, and 
interest of the United States in and to that vessel to the USCG 
Cutter STORIS Museum and Maritime Education Center, LLC, 
located in the State of Alaska if the recipient--
          (1) agrees--
                  (A) to use the vessel for purposes of a 
                museum and historical display;
                  (B) not to use the vessel for commercial 
                transportation purposes;
                  (C) to make the vessel available to the 
                United States Government if needed for use by 
                the Commandant in time of war or a national 
                emergency; and
                  (D) to hold the Government harmless for any 
                claims arising from exposure to hazardous 
                materials, including asbestos and 
                polychlorinated biphenyls, after conveyance of 
                the vessel, except for claims arising from the 
                use by the Government under subparagraph (C);
          (2) has funds available that will be committed to 
        operate and maintain in good working condition the 
        vessel conveyed, in the form of cash, liquid assets, or 
        a written loan commitment and in an amount of at least 
        $700,000; and
          (3) agrees to any other conditions the Commandant 
        considers appropriate.
  (b) Maintenance and Delivery of Vessel.--
          (1) Maintenance.--Before conveyance of the vessel 
        under this section, the Commandant shall make, to the 
        extent practical and subject to other Coast Guard 
        mission requirements, every effort to maintain the 
        integrity of the vessel and its equipment until the 
        time of delivery.
          (2) Delivery.--If a conveyance is made under this 
        section, the Commandant shall deliver the vessel to a 
        suitable mooring in the local area in its present 
        condition.
          (3) Treatment of conveyance.--The conveyance of the 
        vessel under this section shall not be considered a 
        distribution in commerce for purposes of section 6(e) 
        of Public Law 94-469 (15 U.S.C. 2605(e)).
  (c) Other Excess Equipment.--The Commandant may convey to the 
recipient of a conveyance under subsection (a) any excess 
equipment or parts from other decommissioned Coast Guard 
vessels for use to enhance the operability and function of the 
vessel conveyed under subsection (a) for purposes of a museum 
and historical display.

SEC. 408. REPEAL OF REQUIREMENT OF LICENSE FOR EMPLOYMENT IN THE 
                    BUSINESS OF SALVAGING ON THE COAST OF FLORIDA.

  Chapter 801 of title 46, United States Code, is amended--
          (1) by striking section 80102; and
          (2) in the table of sections at the beginning of the 
        chapter by striking the item relating to that section.

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

  (a) Right-of-First-Refusal.--Notwithstanding any other law 
(other than this section), the Town of Jupiter Island, Florida, 
shall have the right-of-first-refusal for an exchange of real 
property within the jurisdiction of the Town comprising Parcel 
#35-38-42-004-000-02590-6 (Bon Air Beach lots 259 and 260 
located at 83 North Beach Road) and Parcel #35-38-42-004-000-
02610-2 (Bon Air Beach lots 261 to 267), including any 
improvements thereon, for other real property of equal or 
greater value.
  (b) Identification of Property.--The Commandant of the Coast 
Guard may identify, describe, and determine the property 
referred to in subsection (a) that is subject to the right of 
the Town under that subsection.
  (c) Limitation.--The property referred to in subsection (a) 
may not be conveyed under that subsection until the Commandant 
of the Coast Guard determines that the property is not needed 
to carry out Coast Guard missions or functions.
  (d) Required Use.--
          (1) In general.--Except as provided in paragraph (2), 
        any property conveyed under this section shall be used 
        by the Town of Jupiter Island, Florida, solely for 
        conservation of fish and wildlife habitat and other 
        natural resources, including wetlands, beaches, and 
        dunes, and as protection against damage from wind, 
        tidal, and wave energy.
          (2) Public access.--The Town of Jupiter Island shall 
        allow the public to have reasonable public access to 
        the property conveyed under this section, for customary 
        recreation use of the beach under a management program 
        established by agreement between the Town of Jupiter 
        Island, Florida, and Martin County, Florida.
  (e) Reversion.--Any conveyance of property under this section 
shall be subject to the condition that all right, title, and 
interest in the property, at the option of the Commandant of 
the Coast Guard, shall revert to the United States Government 
if the property is used for purposes other than conservation 
and public access.
  (f) Implementation.--The Commandant of the Coast Guard shall 
upon request by the Town--
          (1) promptly take those actions necessary to make 
        property identified under subsection (b) and determined 
        by the Commandant under subsection (c) ready for 
        conveyance to the Town; and
          (2) convey the property to the Town subject to 
        subsections (d) and (e).

SEC. 410. CONVEYANCE OF COAST GUARD HU-25 FALCON JET AIRCRAFT.

  (a) Authority To Convey.--Notwithstanding any other law, the 
Commandant of the Coast Guard may convey to the Elizabeth City 
State University (in this section referred to as the 
``University''), a public university located in the State of 
North Carolina, without consideration all right, title, and 
interest of the United States in an HU-25 Falcon Jet aircraft 
under the administrative jurisdiction of the Coast Guard that 
the Commandant determines--
          (1) is appropriate for use by the University; and
          (2) is excess to the needs of the Coast Guard.
  (b) Conditions.--
          (1) In general.--As a condition of conveying an 
        aircraft to the University under subsection (a), the 
        Commandant shall enter into an agreement with the 
        University under which the University agrees--
                  (A) to utilize the aircraft for educational 
                purposes or other public purposes as jointly 
                agreed upon by the Commandant and the 
                University before conveyance; and
                  (B) to hold the United States harmless for 
                any claim arising with respect to the aircraft 
                after conveyance of the aircraft.
          (2) Reversionary interest.--If the Commandant 
        determines that the recipient violated subparagraph (A) 
        or (B) of paragraph (1), then--
                  (A) all right, title, and interest in the 
                aircraft shall revert to the United States;
                  (B) the United States shall have the right to 
                immediate possession of the aircraft; and
                  (C) the recipient shall pay the United States 
                for its costs incurred in recovering the 
                aircraft for such violation.
  (c) Limitation on Future Transfers.--
          (1) In general.--The Commandant shall include in the 
        instruments for the conveyance a requirement that any 
        further conveyance of an interest in the aircraft may 
        not be made without the approval in advance of the 
        Commandant.
          (2) Reversionary interest.--If the Commandant 
        determines that an interest in the aircraft was 
        conveyed without such approval, then--
                  (A) all right, title, and interest in the 
                aircraft shall revert to the United States;
                  (B) the United States shall have the right to 
                immediate possession of the aircraft; and
                  (C) the recipient shall pay the United States 
                for its costs incurred in recovering the 
                aircraft for such a violation.
  (d) Delivery of Aircraft.--The Commandant shall deliver the 
aircraft conveyed under subsection (a)--
          (1) at the place where the aircraft is located on the 
        date of the conveyance;
          (2) in its condition on the date of conveyance; and
          (3) without cost to the United States.
  (e) Additional Terms and Conditions.--The Commandant may 
require such additional terms and conditions in connection with 
the conveyance required by subsection (a) as the Commandant 
considers appropriate to protect the interests of the United 
States.

SEC. 411. DECOMMISSIONED COAST GUARD VESSELS FOR HAITI.

  (a) In General.--Notwithstanding any other law, upon the 
scheduled decommissioning of any Coast Guard 41-foot patrol 
boat, the Commandant of the Coast Guard shall give the 
Government of Haiti a right-of-first-refusal for conveyance of 
that vessel to the Government of Haiti, if that Government of 
Haiti agrees--
          (1) to use the vessel for the Coast Guard of Haiti;
          (2) to make the vessel available to the United States 
        Government if needed for use by the Commandant in time 
        of war or national emergency;
          (3) to hold the United States Government harmless for 
        any claims arising from exposure to hazardous 
        materials, including asbestos and polychlorinated 
        biphenyls, after conveyance of the vessel, except for 
        claims arising from the use by the United States 
        Government under paragraph (2); and
          (4) to any other conditions the Commandant considers 
        appropriate.
  (b) Limitation.--The Commandant may not convey more than 10 
vessels to the Government of Haiti pursuant to this section.
  (c) Maintenance and Delivery of Vessel.--
          (1) Maintenance.--Before conveyance of a vessel under 
        this section, the Commandant shall make, to the extent 
        practical and subject to other Coast Guard mission 
        requirements, every effort to maintain the integrity of 
        the vessel and its equipment until the time of 
        delivery.
          (2) Delivery.--If a conveyance is made under this 
        section, the Commandant shall deliver a vessel to a 
        suitable mooring in the local area in its present 
        condition.
          (3) Treatment of conveyance.--The conveyance of a 
        vessel under this section shall not be considered a 
        distribution in commerce for purposes of section 6(e) 
        of Public Law 94-469 (15 U.S.C. 2605(e)).

SEC. 412. EXTENSION OF PERIOD OF OPERATION OF VESSEL FOR SETTING, 
                    RELOCATION, OR RECOVERY OF ANCHORS OR OTHER MOORING 
                    EQUIPMENT.

  Section 705(a)(2) of Public Law 109-347 (120 Stat. 1945) is 
amended by striking ``2'' and inserting ``3''.

SEC. 413. VESSEL TRAFFIC RISK ASSESSMENTS.

  (a) Requirement.--The Commandant of the Coast Guard, acting 
through the appropriate Area Committee established under 
section 311(j)(4) of the Federal Water Pollution Control Act, 
shall prepare a vessel traffic risk assessment--
          (1) for Cook Inlet, Alaska, within one year after the 
        date of enactment of this Act; and
          (2) for the Aleutian Islands, Alaska, within two 
        years after the date of enactment of this Act.
  (b) Contents.--Each of the assessments shall describe, for 
the region covered by the assessment--
          (1) the amount and character of present and estimated 
        future shipping traffic in the region; and
          (2) the current and projected use and effectiveness 
        in reducing risk, of--
                  (A) traffic separation schemes and routing 
                measures;
                  (B) long-range vessel tracking systems 
                developed under section 70115 of title 46, 
                United States Code;
                  (C) towing, response, or escort tugs;
                  (D) vessel traffic services;
                  (E) emergency towing packages on vessels;
                  (F) increased spill response equipment 
                including equipment appropriate for severe 
                weather and sea conditions;
                  (G) the Automatic Identification System 
                developed under section 70114 of title 46, 
                United States Code;
                  (H) particularly sensitive sea areas, areas 
                to be avoided, and other traffic exclusion 
                zones;
                  (I) aids to navigation; and
                  (J) vessel response plans.
  (c) Recommendations.--
          (1) In general.--Each of the assessments shall 
        include any appropriate recommendations to enhance the 
        safety, or lessen potential adverse environmental 
        impacts, of marine shipping.
          (2) Consultation.--Before making any recommendations 
        under paragraph (1) for a region, the Area Committee 
        shall consult with affected local, State, and Federal 
        government agencies, representatives of the fishing 
        industry, Alaska Natives from the region, the 
        conservation community, and the merchant shipping and 
        oil transportation industries.
  (d) Provision to Congress.--The Commandant shall provide a 
copy of each assessment to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate.
  (e) Authorization of Appropriations.--There is authorized to 
be appropriated to the Commandant $1,800,000 for each of fiscal 
years 2008 and 2009 to the conduct the assessments.

SEC. 414. VESSEL MARYLAND INDEPENDENCE.

  Notwithstanding sections 55101, 55103, and 12112 of title 46, 
United States Code, the Secretary of the department in which 
the Coast Guard is operating may issue a certificate of 
documentation with a coastwise endorsement for the vessel 
MARYLAND INDEPENDENCE (official number 662573). The coastwise 
endorsement issued under authority of this section is 
terminated if--
          (1) the vessel, or controlling interest in the person 
        that owns the vessel, is conveyed after the date of 
        enactment of this Act; or
          (2) any repairs or alterations are made to the vessel 
        outside of the United States.

SEC. 415. STUDY OF RELOCATION OF COAST GUARD SECTOR BUFFALO FACILITIES.

  (a) Purposes.--The purposes of this section are--
          (1) to authorize a project study to evaluate the 
        feasibility of consolidating and relocating Coast Guard 
        facilities at Coast Guard Sector Buffalo within the 
        study area;
          (2) to obtain a preliminary plan for the design, 
        engineering, and construction for the consolidation of 
        Coast Guard facilities at Sector Buffalo; and
          (3) to distinguish what Federal lands, if any, shall 
        be identified as excess after the consolidation.
  (b) Definitions.--In this section:
          (1) Commandant.--The term ``Commandant'' means the 
        Commandant of the Coast Guard.
          (2) Sector buffalo.--The term ``Sector Buffalo'' 
        means Coast Guard Sector Buffalo of the Ninth Coast 
        Guard District.
          (3) Study area.--The term ``study area'' means the 
        area consisting of approximately 31 acres of real 
        property and any improvements thereon that are commonly 
        identified as Coast Guard Sector Buffalo, located at 1 
        Fuhrmann Boulevard, Buffalo, New York, and under the 
        administrative control of the Coast Guard.
  (c) Study.--
          (1) In general.--Within 12 months after the date on 
        which funds are first made available to carry out this 
        section, the Commandant shall conduct a project 
        proposal report of the study area and shall submit such 
        report to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives.
          (2) Requirements.--The project proposal report 
        shall--
                  (A) evaluate the most cost-effective method 
                for providing shore facilities to meet the 
                operational requirements of Sector Buffalo;
                  (B) determine the feasibility of 
                consolidating and relocating shore facilities 
                on a portion of the existing site, while--
                          (i) meeting the operational 
                        requirements of Sector Buffalo; and
                          (ii) allowing the expansion of 
                        operational requirements of Sector 
                        Buffalo; and
                  (C) contain a preliminary plan for the 
                design, engineering, and construction of the 
                proposed project, including--
                          (i) the estimated cost of the design, 
                        engineering, and construction of the 
                        proposed project;
                          (ii) an anticipated timeline of the 
                        proposed project; and
                          (iii) a description of what Federal 
                        lands, if any, shall be considered 
                        excess to Coast Guard needs.
  (d) Limitation.--Nothing in this section shall affect the 
current administration and management of the study area.

SEC. 416. CONVEYANCE OF COAST GUARD VESSEL TO COAHOMA COUNTY, 
                    MISSISSIPPI.

  (a) Authority to Convey.--Notwithstanding the Federal 
Property and Administrative Services Act of 1949, the 
Commandant of the Coast Guard may convey to the Sheriff's 
Department of Coahoma County, Mississippi (in this section 
referred to as the ``Sheriff's Department''), without 
consideration all right, title, and interest of the United 
States in and to a Coast Guard trailerable boat, ranging from 
17 feet to 30 feet in size, that the Commandant determines--
          (1) is appropriate for use by the Sheriff's 
        Department; and
          (2) is excess to the needs of the Coast Guard and the 
        Department of Homeland Security.
  (b) Condition.--As a condition of conveying a vessel under 
the authority provided in subsection (a), the Commandant shall 
enter into an agreement with the Sheriff's Department under 
which the Sheriff's Department agrees--
          (1) to utilize the vessel for homeland security and 
        other appropriate purposes as jointly agreed upon by 
        the Commandant and the Sheriff's Department before 
        conveyance; and
          (2) to take the vessel ``as is'' and to hold the 
        United States harmless for any claim arising with 
        respect to that vessel after conveyance of the vessel, 
        including any claims arising from the condition of the 
        vessel and its equipment or exposure to hazardous 
        materials.
  (c) Delivery of Vessel.--The Commandant shall deliver the 
vessel conveyed under the authority provided in subsection 
(a)--
          (1) at the place where the vessel is located on the 
        date of the conveyance;
          (2) in its condition on the date of conveyance; and
          (3) without cost to the United States.
  (d) Other Excess Equipment.--The Commandant may further 
convey any excess equipment or parts from other Coast Guard 
vessels, which are excess to the needs of the Coast Guard and 
the Department of Homeland Security, to the Sheriff's 
Department for use to enhance the operability of the vessel 
conveyed under the authority provided in subsection (a).
  (e) Additional Terms and Conditions.--The Commandant may 
require such additional terms and conditions in connection with 
the conveyance authorized by subsection (a) as the Commandant 
considers appropriate to protect the interests of the United 
States.

SEC. 417. CONVEYANCE OF COAST GUARD VESSEL TO WARREN COUNTY, 
                    MISSISSIPPI.

  (a) Authority to Convey.--Notwithstanding the Federal 
Property and Administrative Services Act of 1949, the 
Commandant of the Coast Guard may convey to the Sheriff's 
Office of Warren County, Mississippi (in this section referred 
to as the ``Sheriff's Office''), without consideration all 
right, title, and interest of the United States in and to a 
Coast Guard trailerable boat, ranging from 17 feet to 30 feet 
in size, that the Commandant determines--
          (1) is appropriate for use by the Sheriff's Office; 
        and
          (2) is excess to the needs of the Coast Guard and the 
        Department of Homeland Security.
  (b) Condition.--As a condition of conveying a vessel under 
the authority provided in subsection (a), the Commandant shall 
enter into an agreement with the Sheriff's Office under which 
the Sheriff's Office agrees--
          (1) to utilize the vessel for homeland security and 
        other appropriate purposes as jointly agreed upon by 
        the Commandant and the Sheriff's Office before 
        conveyance; and
          (2) to take the vessel ``as is'' and to hold the 
        United States harmless for any claim arising with 
        respect to that vessel after conveyance of the vessel, 
        including any claims arising from the condition of the 
        vessel and its equipment or exposure to hazardous 
        materials.
  (c) Delivery of Vessel.--The Commandant shall deliver the 
vessel conveyed under the authority provided in subsection (a)
          (1) at the place where the vessel is located on the 
        date of the conveyance;
          (2) in its condition on the date of conveyance; and
          (3) without cost to the United States.
  (d) Other Excess Equipment.--The Commandant may further 
convey any excess equipment or parts from other Coast Guard 
vessels, which are excess to the needs of the Coast Guard and 
the Department of Homeland Security, to the Sheriff's Office 
for use to enhance the operability of the vessel conveyed under 
the authority provided in subsection (a).
  (e) Additional Terms and Conditions.--The Commandant may 
require such additional terms and conditions in connection with 
the conveyance authorized by subsection (a) as the Commandant 
considers appropriate to protect the interests of the United 
States.

SEC. 418. CONVEYANCE OF COAST GUARD VESSEL TO WASHINGTON COUNTY, 
                    MISSISSIPPI.

  (a) Authority to Convey.--Notwithstanding the Federal 
Property and Administrative Services Act of 1949, the 
Commandant of the Coast Guard may convey to the Sheriff's 
Office of Washington County, Mississippi (in this section 
referred to as the ``Sheriff's Office''), without consideration 
all right, title, and interest of the United States in and to a 
Coast Guard trailerable boat, ranging from 17 feet to 30 feet 
in size, that the Commandant determines--
          (1) is appropriate for use by the Sheriff's Office; 
        and
          (2) is excess to the needs of the Coast Guard and the 
        Department of Homeland Security.
  (b) Condition.--As a condition of conveying a vessel under 
the authority provided in subsection (a), the Commandant shall 
enter into an agreement with the Sheriff's Office under which 
the Sheriff's Office agrees--
          (1) to utilize the vessel for homeland security and 
        other appropriate purposes as jointly agreed upon by 
        the Commandant and the Sheriff's Office before 
        conveyance; and
          (2) to take the vessel ``as is'' and to hold the 
        United States harmless for any claim arising with 
        respect to that vessel after conveyance of the vessel, 
        including any claims arising from the condition of the 
        vessel and its equipment or exposure to hazardous 
        materials.
  (c) Delivery of Vessel.--The Commandant shall deliver the 
vessel conveyed under the authority provided in subsection 
(a)--
          (1) at the place where the vessel is located on the 
        date of the conveyance;
          (2) in its condition on the date of conveyance; and
          (3) without cost to the United States.
  (d) Other Excess Equipment.--The Commandant may further 
convey any excess equipment or parts from other Coast Guard 
vessels, which are excess to the needs of the Coast Guard and 
the Department of Homeland Security, to the Sheriff's Office 
for use to enhance the operability of the vessel conveyed under 
the authority provided in subsection (a).
  (e) Additional Terms and Conditions.--The Commandant may 
require such additional terms and conditions in connection with 
the conveyance authorized by subsection (a) as the Commandant 
considers appropriate to protect the interests of the United 
States.

SEC. 419. COAST GUARD ASSETS FOR UNITED STATES VIRGIN ISLANDS.

  (a) In General.--The Secretary of Homeland Security may 
station additional Coast Guard assets in the United States 
Virgin Islands for port security and other associated purposes.
  (b) Authorization of Appropriations.--There are authorized to 
be appropriated to the Secretary for fiscal year 2008 such sums 
as are necessary to carry out this section.

SEC. 420. CONVEYANCE OF THE PRESQUE ISLE LIGHT STATION FRESNEL LENS TO 
                    PRESQUE ISLE TOWNSHIP, MICHIGAN.

  (a) Conveyance of Lens Authorized.--
          (1) Transfer of possession.--Notwithstanding any 
        other provision of law, the Commandant of the Coast 
        Guard may transfer to Presque Isle Township, a township 
        in Presque Isle County in the State of Michigan (in 
        this section referred to as the ``Township''), 
        possession of the Historic Fresnel Lens (in this 
        section referred to as the ``Lens'') from the Presque 
        Isle Light Station Lighthouse, Michigan (in this 
        section referred to as the ``Lighthouse'').
          (2) Condition.--As a condition of the transfer of 
        possession authorized by paragraph (1), the Township 
        shall, not later than one year after the date of 
        transfer, install the Lens in the Lighthouse for the 
        purpose of operating the Lens and Lighthouse as a Class 
        I private aid to navigation pursuant to section 85 of 
        title 14, United States Code, and the applicable 
        regulations under that section.
          (3) Conveyance of lens.--Upon the certification of 
        the Commandant that the Township has installed the Lens 
        in the Lighthouse and is able to operate the Lens and 
        Lighthouse as a private aid to navigation as required 
        by paragraph (2), the Commandant shall convey to the 
        Township all right, title, and interest of the United 
        States in and to the Lens.
          (4) Cessation of united states operations of aids to 
        navigation at lighthouse.--Upon the making of the 
        certification described in paragraph (3), all active 
        Federal aids to navigation located at the Lighthouse 
        shall cease to be operated and maintained by the United 
        States.
  (b) Reversion.--
          (1) Reversion for failure of aid to navigation.--If 
        the Township does not comply with the condition set 
        forth in subsection (a)(2) within the time specified in 
        that subsection, the Township shall, except as provided 
        in paragraph (2), return the Lens to the Commandant at 
        no cost to the United States and under such conditions 
        as the Commandant may require.
          (2) Exception for historical preservation.--
        Notwithstanding the lack of compliance of the Township 
        as described in paragraph (1), the Township may retain 
        possession of the Lens for installation as an artifact 
        in, at, or near the Lighthouse upon the approval of the 
        Commandant and under such conditions for the 
        preservation and conservation of the Lens as the 
        Commandant shall specify for purposes of this 
        paragraph. Installation of the Lens under this 
        paragraph shall occur, if at all, not later than two 
        years after the date of the transfer of the Lens to the 
        Township under subsection (a)(1).
          (3) Reversion for failure of historical 
        preservation.--If retention of the Lens by the Township 
        is authorized under paragraph (2) and the Township does 
        not install the Lens in accordance with that paragraph 
        within the time specified in that paragraph, the 
        Township shall return the lens to the Coast Guard at no 
        cost to the United States and under such conditions as 
        the Commandant may require.
  (c) Conveyance of Additional Personal Property.--
          (1) Transfer and conveyance of personal property.--
        Notwithstanding any other provision of law, the 
        Commandant may transfer to the Township any additional 
        personal property of the United States related to the 
        Lens that the Commandant considers appropriate for 
        conveyance under this section. If the Commandant 
        conveys the Lens to the Township under subsection 
        (a)(3), the Commandant may convey to the Township any 
        personal property previously transferred to the 
        Township under this subsection.
          (2) Reversion.--If the Lens is returned to the Coast 
        Guard pursuant to subsection (b), the Township shall 
        return to the Coast Guard all personal property 
        transferred or conveyed to the Township under this 
        subsection except to the extent otherwise approved by 
        the Commandant.
  (d) Conveyance Without Consideration.--The conveyance of the 
Lens and any personal property under this section shall be 
without consideration.
  (e) Delivery of Property.--The Commandant shall deliver 
property conveyed under this section--
          (1) at the place where such property is located on 
        the date of the conveyance;
          (2) in its condition on the date of conveyance; and
          (3) without cost to the United States.
  (f) Maintenance of Property.--As a condition of the 
conveyance of any property to the Township under this section, 
the Commandant shall enter into an agreement with the Township 
under which the Township agrees--
          (1) to operate the Lens as a Class I private aid to 
        navigation under section 85 of title 14, United States 
        Code, and application regulations under that section; 
        and
          (2) to hold the United States harmless for any claim 
        arising with respect to personal property conveyed 
        under this section.
  (g) Limitation on Future Conveyance.--The instruments 
providing for the conveyance of property under this section 
shall--
          (1) require that any further conveyance of an 
        interest in such property may not be made without the 
        advance approval of the Commandant; and
          (2) provide that, if the Commandant determines that 
        an interest in such property was conveyed without such 
        approval--
                  (A) all right, title, and interest in such 
                property shall revert to the United States, and 
                the United States shall have the right to 
                immediate possession of such property; and
                  (B) the recipient of such property shall pay 
                the United States for costs incurred by the 
                United States in recovering such property.
  (h) Additional Terms and Conditions.--The Commandant may 
require such additional terms and conditions in connection with 
the conveyances authorized by this section as the Commandant 
considers appropriate to protect the interests of the United 
States.

SEC. 421. FISHING IN SOUTH PACIFIC TUNA TREATY CONVENTION AREA.

   Section 12113 of title 46, United States Code, is amended by 
adding at the end the following new subsection:
  ``(j) A fishery endorsement is not required for a United 
States-documented purse seine tuna fishing vessel home ported 
in American Samoa while fishing exclusively for highly 
migratory species under a license issued pursuant to the 1987 
Treaty on Fisheries Between the Governments of Certain Pacific 
Island States and the Government of the United States of 
America in the treaty area or in any portion of the United 
States exclusive economic zone bordering the treaty area.''.

SEC. 422. ASSESSMENT OF NEEDS FOR ADDITIONAL COAST GUARD PRESENCE IN 
                    HIGH LATITUDE REGIONS.

   Within 270 days after the date of enactment of this Act, the 
Secretary of the department in which the Coast Guard is 
operating shall submit a report to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives assessing the need for additional Coast Guard 
prevention and response capability in the high latitude 
regions. The assessment shall address needs for all Coast Guard 
mission areas, including search and rescue, marine pollution 
response and prevention, fisheries enforcement, and maritime 
commerce. The Secretary shall include in the report--
          (1) an assessment of the high latitude operating 
        capabilities of all current Coast Guard assets, 
        including assets acquired under the Deepwater program;
          (2) an assessment of projected needs for Coast Guard 
        forward operating bases in the high latitude regions;
          (3) an assessment of shore infrastructure, personnel, 
        logistics, communications, and resources requirements 
        to support Coast Guard forward operating bases in the 
        high latitude regions;
          (4) an assessment of the need for high latitude 
        icebreaking capability and the capability of the 
        current high latitude icebreaking assets of the Coast 
        Guard, including--
                  (A) whether the Coast Guard's high latitude 
                icebreaking fleet is meeting current mission 
                performance goals;
                  (B) whether the fleet is capable of meeting 
                projected mission performance goals; and
                  (C) an assessment of the material condition, 
                safety, and working conditions aboard high 
                latitude icebreaking assets, including the 
                effect of those conditions on mission 
                performance;
          (5) a detailed estimate of acquisition costs for each 
        of the assets (including shore infrastructure) 
        necessary for additional prevention and response 
        capability in high latitude regions for all Coast Guard 
        mission areas, and an estimate of operations and 
        maintenance costs for such assets for the initial 10-
        year period of operations; and
          (6) detailed cost estimates (including operating and 
        maintenance for a period of 10 years) for high latitude 
        icebreaking capability to ensure current and projected 
        future mission performance goals are met, including 
        estimates of the costs to--
                  (A) renovate and modernize the Coast Guard's 
                existing high latitude icebreaking fleet; and
                  (B) replace the Coast Guard's existing high 
                latitude icebreaking fleet.

SEC. 423. STUDY OF REGIONAL RESPONSE VESSEL AND SALVAGE CAPABILITY FOR 
                    OLYMPIC PENINSULA COAST, WASHINGTON.

  No later than 180 days after the date of enactment of this 
Act, the Secretary of the department in which the Coast Guard 
is operating shall study through the National Academy of 
Sciences the need for regional response vessel and salvage 
capability for the State of Washington Olympic Peninsula coast. 
In conducting the study, the National Academy of Sciences shall 
consult with Federal, State, and tribal officials and other 
relevant stakeholders. The study shall--
          (1) identify the capabilities, equipment, and 
        facilities necessary for a response vessel in the entry 
        to the Strait of Juan de Fuca at Neah Bay in order to 
        optimize oil spill protection on Washington's Olympic 
        Peninsula coast and provide rescue towing services, oil 
        spill response, and salvage and firefighting 
        capabilities;
          (2) analyze the multimission capabilities necessary 
        for a rescue vessel and the need for that vessel to 
        utilize cached salvage, oil spill response, and oil 
        storage equipment while responding to a spill or a 
        vessel in distress, and make recommendations as to the 
        placement of such equipment;
          (3) address scenarios that consider all vessel types 
        and weather conditions and compare current Neah Bay 
        rescue vessel capabilities, costs, and benefits with 
        other United States industry-funded response vessels, 
        including those currently operating in Alaska's Prince 
        William Sound;
          (4) determine whether the current level of protection 
        afforded by the Neah Bay response vessel and associated 
        response equipment is comparable to protection in other 
        locations where response vessels operate, including 
        Prince William Sound, Alaska, and if it is not 
        comparable, make recommendations regarding how 
        capabilities, equipment, and facilities should be 
        modified to achieve optimum protection; and
          (5) consider pending firefighting and salvage 
        regulations developed pursuant to the Oil Pollution Act 
        of 1990.

SEC. 424. REPORT ON PROJECTED WORKLOAD AT THE COAST GUARD YARD IN 
                    CURTIS BAY, MARYLAND.

   Within six months after the date of enactment of this Act, 
the Secretary of the department in which the Coast Guard is 
operating shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate, a report detailing the projected workload for the 
current calendar year and each of the subsequent 5 calendar 
years at the Coast Guard Yard in Curtis Bay, Maryland, and the 
total full-time equivalents (FTE) to be supported by the 
account established under section 648 of title 14, United 
States Code, (popularly known as the Yard Fund) in each such 
calendar year to meet that workload. The report shall--
          (1) detail work projects to be undertaken during the 
        current calendar year and during each of the next five 
        calendar years as part of the Mission Effectiveness 
        Program (MEP) and projects projected to be undertaken 
        that are not associated with the MEP;
          (2) identify the number of regular full-time 
        employees, term employees, and employees in any other 
        classification that are projected to be employed in any 
        capacity at the Yard in each such calendar year;
          (3) specify how many of the employees in any capacity 
        that are expected to be employed at the Yard in each 
        such year are expected to be uniformed members of the 
        Coast Guard and how many are expected to be civilians;
          (4) identify how many employees in any capacity 
        (whether uniformed or civilian) are projected to be 
        assigned in each such calendar year to each of overhead 
        positions, engineering positions, waterfront support 
        positions, and waterfront trade positions to meet 
        projected workloads in that year;
          (5) identify the amount of overtime in each of 
        overhead positions, engineering positions, waterfront 
        support positions, and waterfront trade positions 
        position that will be required to meet the projected 
        workload in each such calendar year;
          (6) identify the number of trades training students 
        that are projected to be trained at the Yard in each 
        such calendar year; and
          (7) address whether the FTE ceiling in place for the 
        Yard is sufficient to allow all work projects scheduled 
        for the current calendar year to be completed on 
        schedule, and what level of FTE is likely to be 
        required in each of the subsequent five calendar years 
        to allow completion on schedule of the projected 
        workload in each of those years.

SEC. 425. STUDY OF BRIDGES OVER NAVIGABLE WATERS.

   The Secretary of Transportation shall submit to the 
Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastructure 
of the House of Representatives a comprehensive study on the 
proposed construction or alteration of any bridge, drawbridge, 
or causeway over navigable waters with a channel depth of 25 
feet or greater of the United States that may impede or 
obstruct future navigation to or from port facilities.

SEC. 426. LIMITATION ON JURISDICTION OF STATES TO TAX CERTAIN SEAMEN.

  Section 11108(b)(2)(B) of title 46, United States Code, is 
amended to read as follows:
                  ``(B) who performs regularly-assigned duties 
                while engaged as a master, officer, or crewman 
                on a vessel operating on navigable waters in 2 
                or more States.''.

SEC. 427. DECOMMISSIONED COAST GUARD VESSELS FOR BERMUDA.

  (a) In General.--Notwithstanding any other law, upon the 
scheduled decommissioning of any Coast Guard 41-foot patrol 
boat and after the Government of Haiti has exercised all of 
their options under section 411, the Commandant of the Coast 
Guard shall give the Government of Bermuda a right-of-first-
refusal for conveyance of that vessel to the Government of 
Bermuda, if that Government of Bermuda agrees--
          (1) to use the vessel for the Coast Guard of Bermuda;
          (2) to make the vessel available to the United States 
        Government if needed for use by the Commandant in time 
        of war or national emergency;
          (3) to hold the United States Government harmless for 
        any claims arising from exposure to hazardous 
        materials, including asbestos and polychlorinated 
        biphenyls, after conveyance of the vessel, except for 
        claims arising from the use by the United States 
        Government under paragraph (2); and
          (4) to any other conditions the Commandant considers 
        appropriate.
  (b) Limitation.--The Commandant may not convey more than 3 
vessels to the Government of Bermuda pursuant to this section.
  (c) Maintenance and Delivery of Vessel.--
          (1) Maintenance.--Before conveyance of a vessel under 
        this section, the Commandant shall make, to the extent 
        practical and subject to other Coast Guard mission 
        requirements, every effort to maintain the integrity of 
        the vessel and its equipment until the time of 
        delivery.
          (2) Delivery.--If a conveyance is made under this 
        section, the Commandant shall deliver a vessel to a 
        suitable mooring in the local area in its present 
        condition.
          (3) Treatment of conveyance.--The conveyance of a 
        vessel under this section shall not be considered a 
        distribution in commerce for purposes of section 6(e) 
        of Public Law 94-469 (15 U.S.C. 2605(e)).

SEC. 428. RECREATIONAL MARINE INDUSTRY.

  (a) Exception.--Section 2(3)(F) of the Longshore and Harbor 
Workers' Compensation Act (33 U.S.C. 902(3)) is amended to read 
as follows:
                  ``(F) individuals who--
                          ``(i) are employed to manufacture any 
                        recreational vessel under 165 feet in 
                        length; or
                          ``(ii) are employed to repair any 
                        recreational vessel, or to dismantle 
                        any part of any recreational vessel in 
                        connection with repair of the 
                        vessel;''.
  (b) Recreational Endorsement.--Section 12114 of title 46, 
United States Code, is amended by adding at the end the 
following:
  ``(d) Vessels Manufactured by Certain Individuals.--A vessel 
manufactured by individuals under the exception provided in 
section 2(3)(F) of the Longshore and Harbor Workers' 
Compensation Act may only be issued a recreational vessel 
endorsement under this chapter, and that restriction shall be 
noted on the certification of documentation issued under 
section 12105.''.

SEC. 429. CONVEYANCE OF COAST GUARD VESSELS TO NASSAU COUNTY, NEW YORK.

  (a) Authority to Convey.--Notwithstanding the Federal 
Property and Administrative Services Act of 1949, the 
Commandant of the Coast Guard may convey to the Police 
Department of Nassau County, New York (in this section referred 
to as the ``Police Department''), without consideration all 
right, title, and interest of the United States in and to two 
Coast Guard 41-foot patrol boats that the Commandant 
determines--
          (1) is appropriate for use by the Police Department; 
        and
          (2) is excess to the needs of the Coast Guard and the 
        Department of Homeland Security.
  (b) Condition.--As a condition of conveying a vessel under 
the authority provided in subsection (a), the Commandant shall 
enter into an agreement with the Police Department under which 
the Police Department agrees--
          (1) to utilize the vessel for homeland security and 
        other appropriate purposes as jointly agreed upon by 
        the Commandant and the Police Department before 
        conveyance; and
          (2) to take the vessel ``as is'' and to hold the 
        United States harmless for any claim arising with 
        respect to that vessel after conveyance of the vessel, 
        including any claims arising from the condition of the 
        vessel and its equipment or exposure to hazardous 
        materials.
  (c) Delivery of Vessel.--The Commandant shall deliver a 
vessel conveyed under the authority provided in subsection 
(a)--
          (1) at the place where the vessel is located on the 
        date of the conveyance;
          (2) in its condition on the date of conveyance; and
          (3) without cost to the United States.
  (d) Other Excess Equipment.--The Commandant may further 
convey any excess equipment or parts from other Coast Guard 
vessels, which are excess to the needs of the Coast Guard and 
the Department of Homeland Security, to the Police Department 
for use to enhance the operability of a vessel conveyed under 
the authority provided in subsection (a).
  (e) Additional Terms and Conditions.--The Commandant may 
require such additional terms and conditions in connection with 
a conveyance authorized by subsection (a) as the Commandant 
considers appropriate to protect the interests of the United 
States.

                    TITLE V--BALLAST WATER TREATMENT

SEC. 501. SHORT TITLE.

  This title may be cited as the ``Ballast Water Treatment Act 
of 2008''.

SEC. 502. DECLARATION OF GOALS AND PURPOSES.

  Section 1002 of the Nonindigenous Aquatic Nuisance Prevention 
and Control Act of 1990 (16 U.S.C. 4701) is amended--
          (1) by redesignating subsection (b) as subsection 
        (c);
          (2) by inserting after subsection (a) the following:
  ``(b) Declaration of Goals and Purposes.--The objective of 
this Act is to eliminate the threat and impacts of 
nonindigenous aquatic nuisance species in the waters of the 
United States. In order to achieve this objective, it is 
declared that, consistent with the provisions of this Act--
          ``(1) it is the national goal that ballast water 
        discharged into the waters of the United States will 
        contain no living (viable) organisms by the year 2015;
          ``(2) it is the national policy that the introduction 
        of nonindigenous aquatic nuisance species in the waters 
        of the United States be prohibited; and
          ``(3) it is the national policy that Federal, State, 
        and local governments and the private sector identify 
        the most effective ways to coordinate prevention 
        efforts, and harmonize environmentally sound methods to 
        prevent, detect, monitor, and control nonindigenous 
        aquatic nuisance species, in an expeditious manner.''.
          (3) in subsection (c)(1) (as redesignated by 
        paragraph (1) of this section)--
                  (A) by striking ``prevent'' and inserting 
                ``eliminate''; and
                  (B) by inserting ``treatment'' after 
                ``ballast water'';
          (4) in subsection (c)(2) (as so redesignated)--
                  (A) by inserting ``, detection, monitoring,'' 
                after ``prevention''; and
                  (B) by striking ``the zebra mussel and 
                other'';
          (5) in subsection (c)(3) (as so redesignated)--
                  (A) by inserting ``detect,'' after 
                ``prevent,''; and
                  (B) by striking ``from pathways other than 
                ballast water exchange'';
          (6) in subsection (c)(4) (as so redesignated) by 
        striking ``, including the zebra mussel''; and
          (7) in subsection (c)(5) (as so redesignated)--
                  (A) by inserting ``prevention,'' after ``in 
                the'';
                  (B) by inserting a comma after 
                ``management''; and
                  (C) by striking ``zebra mussels'' and 
                inserting ``aquatic nuisance species''.

SEC. 503. BALLAST WATER MANAGEMENT.

  (a) In General.--Section 1101 of the Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711) is 
amended to read as follows:

``SEC. 1101. BALLAST WATER MANAGEMENT.

  ``(a) Vessels to Which This Section Applies.--
          ``(1) In general.--Except as provided in paragraphs 
        (2), (3), (4), and (5), this section applies to a 
        vessel that engages in the discharge of ballast water 
        in waters subject to the jurisdiction of the United 
        States that--
                  ``(A) is designed, constructed, or adapted to 
                carry ballast water; and
                  ``(B)(i) is a vessel of the United States; or
                  ``(ii) is a foreign vessel that--
                          ``(I) is en route to a United States 
                        port or place; or
                          ``(II) has departed from a United 
                        States port or place and is within 
                        waters subject to the jurisdiction of 
                        the United States.
          ``(2) Permanent ballast water vessels.--This section 
        does not apply to a vessel that carries all of its 
        permanent ballast water in sealed tanks that are not 
        subject to discharge or a vessel that continuously 
        takes on and discharges ballast water in a flow-through 
        system.
          ``(3) Armed forces vessels.--
                  ``(A) Exemption.--Except as provided in 
                subparagraph (B), this section does not apply 
                to a vessel of the Armed Forces.
                  ``(B) Ballast water management program.--The 
                Secretary and the Secretary of Defense, after 
                consultation with each other and with the Under 
                Secretary and the heads of other appropriate 
                Federal agencies as determined by the 
                Secretary, shall implement a ballast water 
                management program, including the issuance of 
                standards for ballast water exchange and 
                treatment and for sediment management, for 
                vessels of the Armed Forces under their 
                respective jurisdictions designed, constructed, 
                or adapted to carry ballast water that are--
                          ``(i) consistent with the 
                        requirements of this section, including 
                        the deadlines established by this 
                        section; and
                          ``(ii) at least as stringent as the 
                        requirements issued for such vessels 
                        under section 312 of the Federal Water 
                        Pollution Control Act (33 U.S.C. 1322).
          ``(4) Special rule for small recreational vessels.--
        In applying this section to recreational vessels less 
        than 50 meters in length that have a maximum ballast 
        water capacity of 8 cubic meters, the Secretary may 
        issue alternative measures for managing ballast water 
        in a manner that is consistent with the requirements of 
        this section.
          ``(5) Marad vessels.--Subsection (f) does not apply 
        to any vessel in the National Defense Reserve Fleet 
        that is scheduled to be disposed of through scrapping 
        or sinking.
  ``(b) Uptake and Discharge of Ballast Water or Sediment.--
          ``(1) Prohibition.--The operator of a vessel to which 
        this section applies may not conduct the uptake or 
        discharge of ballast water or sediment in waters 
        subject to the jurisdiction of the United States except 
        as provided in this section.
          ``(2) Exceptions.--Paragraph (1) does not apply to 
        the uptake or discharge of ballast water or sediment in 
        the following circumstances:
                  ``(A) The uptake or discharge is solely for 
                the purpose of--
                          ``(i) ensuring the safety of the 
                        vessel in an emergency situation; or
                          ``(ii) saving a life at sea.
                  ``(B) The uptake or discharge is accidental 
                and the result of damage to the vessel or its 
                equipment and--
                          ``(i) all reasonable precautions to 
                        prevent or minimize ballast water and 
                        sediment discharge have been taken 
                        before and after the damage occurs, the 
                        discovery of the damage, and the 
                        discharge; and
                          ``(ii) the owner or officer in charge 
                        of the vessel did not willfully or 
                        recklessly cause the damage.
                  ``(C) The uptake or discharge is solely for 
                the purpose of avoiding or minimizing the 
                discharge from the vessel of pollution that 
                would otherwise violate applicable Federal or 
                State law.
                  ``(D) The uptake or discharge of ballast 
                water and sediment occurs at the same location 
                where the whole of that ballast water and that 
                sediment originated and there is no mixing with 
                ballast water and sediment from another area 
                that has not been managed in accordance with 
                the requirements of this section.
  ``(c) Vessel Ballast Water Management Plan.--
          ``(1) In general.--The operator of a vessel to which 
        this section applies shall conduct all ballast water 
        management operations of that vessel in accordance with 
        a ballast water management plan designed to minimize 
        the discharge of aquatic nuisance species that--
                  ``(A) meets the requirements prescribed by 
                the Secretary by regulation; and
                  ``(B) is approved by the Secretary.
          ``(2) Approval criteria.--
                  ``(A) In general.--The Secretary may not 
                approve a ballast water management plan unless 
                the Secretary determines that the plan--
                          ``(i) describes in detail the actions 
                        to be taken to implement the ballast 
                        water management requirements 
                        established under this section;
                          ``(ii) describes in detail the 
                        procedures to be used for disposal of 
                        sediment at sea and on shore in 
                        accordance with the requirements of 
                        this section;
                          ``(iii) describes in detail safety 
                        procedures for the vessel and crew 
                        associated with ballast water 
                        management;
                          ``(iv) designates the officer on 
                        board the vessel in charge of ensuring 
                        that the plan is properly implemented;
                          ``(v) contains the reporting 
                        requirements for vessels established 
                        under this section and a copy of each 
                        form necessary to meet those 
                        requirements; and
                          ``(vi) meets all other requirements 
                        prescribed by the Secretary.
                  ``(B) Foreign vessels.--The Secretary may 
                approve a ballast water management plan for a 
                foreign vessel on the basis of a certificate of 
                compliance issued by the vessel's country of 
                registration if the government of that country 
                requires the ballast water management plan for 
                that vessel to include information comparable 
                to the information required under regulations 
                issued by the Secretary.
          ``(3) Copy of plan on board vessel.--The owner or 
        operator of a vessel to which this section applies 
        shall--
                  ``(A) maintain a copy of the vessel's ballast 
                water management plan on board at all times; 
                and
                  ``(B) keep the plan readily available for 
                examination by the Secretary and the head of 
                the appropriate agency of the State in which 
                the vessel is located at all reasonable times.
  ``(d) Vessel Ballast Water Record Book.--
          ``(1) In general.--The owner or operator of a vessel 
        to which this section applies shall maintain, in 
        English on board the vessel, a ballast water record 
        book in which each operation of the vessel involving 
        ballast water or sediment discharge is recorded in 
        accordance with regulations issued by the Secretary.
          ``(2) Availability.--The ballast water record book--
                  ``(A) shall be kept readily available for 
                examination by the Secretary and the head of 
                the appropriate agency of the State in which 
                the vessel is located at all reasonable times; 
                and
                  ``(B) notwithstanding paragraph (1), may be 
                kept on the towing vessel in the case of an 
                unmanned vessel under tow.
          ``(3) Retention period.--The ballast water record 
        book shall be retained--
                  ``(A) on board the vessel for a period of 3 
                years after the date on which the last entry in 
                the book is made; and
                  ``(B) under the control of the vessel's owner 
                for an additional period of 3 years.
          ``(4) Regulations.--In the regulations issued under 
        this section, the Secretary shall require, at a 
        minimum, that--
                  ``(A) each entry in the ballast water record 
                book be signed and dated by the officer in 
                charge of the ballast water operation recorded;
                  ``(B) each completed page in the ballast 
                water record book be signed and dated by the 
                master of the vessel; and
                  ``(C) at least monthly, the owner or operator 
                of the vessel transmit such information to the 
                Secretary regarding the ballast operations of 
                the vessel as the Secretary may require.
          ``(5) Alternative means of recordkeeping.--The 
        Secretary may provide, by regulation, for alternative 
        methods of recordkeeping, including electronic 
        recordkeeping, to comply with the requirements of this 
        subsection. Any electronic recordkeeping method 
        authorized by the Secretary shall support the 
        inspection and enforcement provisions of this Act and 
        shall comply with applicable standards of the National 
        Institute of Standards and Technology and the Office of 
        Management and Budget governing reliability, integrity, 
        identity authentication, and nonrepudiation of stored 
        electronic data.
  ``(e) Ballast Water Exchange Requirements.--
          ``(1) In general.--
                  ``(A) Requirement.--Until a vessel is 
                required to conduct ballast water treatment in 
                accordance with subsection (f), the operator of 
                a vessel to which this section applies may not 
                discharge ballast water in waters subject to 
                the jurisdiction of the United States, except 
                after--
                          ``(i) conducting ballast water 
                        exchange as required by this 
                        subsection, in accordance with 
                        regulations issued by the Secretary;
                          ``(ii) using ballast water treatment 
                        technology that meets the performance 
                        standards of subsection (f); or
                          ``(iii) using environmentally sound 
                        alternative ballast water treatment 
                        technology if the Secretary determines 
                        that such treatment technology is at 
                        least as effective as the ballast water 
                        exchange required by clause (i) in 
                        preventing and controlling the 
                        introduction of aquatic nuisance 
                        species.
                  ``(B) Ballast water regulations.--Ballast 
                water exchange regulations developed under 
                subparagraph (A)(i) shall contain--
                          ``(i) a provision for ballast water 
                        exchange that requires--
                                  ``(I) at least 1 empty-and-
                                refill cycle, outside the 
                                exclusive economic zone or in 
                                an alternative exchange area 
                                designated by the Secretary, of 
                                each ballast tank that contains 
                                ballast water to be discharged 
                                into waters of the United 
                                States; or
                                  ``(II) for a case in which 
                                the master of a vessel 
                                determines that compliance with 
                                the requirement under subclause 
                                (I) is impracticable, a 
                                sufficient number of flow-
                                through exchanges of ballast 
                                water, outside the exclusive 
                                economic zone or in an 
                                alternative exchange area 
                                designated by the Secretary, to 
                                achieve replacement of at least 
                                95 percent of ballast water in 
                                ballast tanks of the vessel, as 
                                determined by a certification 
                                dye study conducted or model 
                                developed by the Secretary and 
                                recorded in the ballast water 
                                management plan of the vessel 
                                pursuant to subsection 
                                (c)(2)(A)(i); and
                          ``(ii) if a ballast water exchange is 
                        not undertaken pursuant to subsection 
                        (h), a contingency procedure that 
                        requires the master of a vessel to use 
                        the best practicable technology or 
                        practice to treat ballast discharge.
                  ``(C) Technology efficacy.--For purposes of 
                this paragraph, a ballast water treatment 
                technology shall be considered to be at least 
                as effective as the ballast water exchange 
                required by clause (i) in preventing and 
                controlling the introduction of aquatic 
                nuisance species if preliminary experiments 
                prior to installation of the technology aboard 
                the vessel demonstrate that the technology 
                meets the ballast water discharge standard 
                provided under Regulation D-2 of the 
                International Convention for the Control and 
                Management of Ships' Ballast Water and 
                Sediments as signed on February 13, 2004.
          ``(2) Guidance; 5-year usage.--
                  ``(A) Guidance.--Not later than one year 
                after the date of enactment of the Ballast 
                Water Treatment Act of 2008, the Secretary 
                shall develop and issue guidance on technology 
                that may be used under paragraph (1)(A)(iii).
                  ``(B) 5-year usage.--The Secretary shall 
                allow a vessel using environmentally-sound 
                alternative ballast treatment technology under 
                paragraph (1)(A)(iii) to continue to use that 
                technology for 5 years after the date on which 
                the environmentally-sound alternative ballast 
                water treatment technology was first placed in 
                service on the vessel or the date on which 
                treatment requirements under subsection (f) 
                become applicable, whichever is later.
          ``(3) Exchange areas.--
                  ``(A) Vessels outside the united states 
                eez.--The operator of a vessel en route to a 
                United States port or place from a port or 
                place outside the waters subject to the 
                jurisdiction of the United States shall conduct 
                ballast water exchange--
                          ``(i) before arriving at a United 
                        States port or place;
                          ``(ii) at least 200 nautical miles 
                        from the nearest point of land; and
                          ``(iii) in water at least 200 meters 
                        in depth.
                  ``(B) Coastal voyages.--The operator of a 
                vessel originating from a port or place within 
                the United States exclusive economic zone, or 
                from a port within 200 nautical miles of the 
                United States in Canada, Mexico, or other ports 
                designated by the Secretary for purposes of 
                this section, shall conduct ballast water 
                exchange--
                          ``(i) at least 50 nautical miles from 
                        the nearest point of land; and
                          ``(ii) in water at least 200 meters 
                        in depth.
          ``(4) Safety or stability exception.--
                  ``(A) Secretarial determination.--Paragraph 
                (3) does not apply to the discharge of ballast 
                water if the Secretary determines that 
                compliance with that paragraph would threaten 
                the safety or stability of the vessel, its 
                crew, or is passengers.
                  ``(B) Master of the vessel determination.--
                Paragraph (3) does not apply to the discharge 
                of ballast water if the master of a vessel 
                determines that compliance with that paragraph 
                would threaten the safety or stability of the 
                vessel, its crew, or its passengers because of 
                adverse weather, equipment failure, or any 
                other relevant condition.
                  ``(C) Notification required.--Whenever the 
                master of a vessel is unable to comply with the 
                requirements of paragraph (3) because of a 
                determination made under subparagraph (B), the 
                master of the vessel shall--
                          ``(i) notify the Secretary as soon as 
                        practicable thereafter but no later 
                        than 24 hours after making that 
                        determination and shall ensure that the 
                        determination, the reasons for the 
                        determination, and the notice are 
                        recorded in the vessel's ballast water 
                        record book; and
                          ``(ii) undertake ballast water 
                        exchange--
                                  ``(I) in an alternative area 
                                that may be designated by the 
                                Secretary, after consultation 
                                with the Under Secretary, and 
                                other appropriate Federal 
                                agencies as determined by the 
                                Secretary, and representatives 
                                of States the waters of which 
                                may be affected by the 
                                discharge of ballast water; or
                                  ``(II) in accordance with 
                                paragraph (6) if safety or 
                                stability concerns prevent 
                                undertaking ballast water 
                                exchange in the alternative 
                                area.
                  ``(D) Review of circumstances.--If the master 
                of a vessel conducts a ballast water discharge 
                under the provisions of this paragraph, the 
                Secretary shall review the circumstances to 
                determine whether the discharge met the 
                requirements of this paragraph. The review 
                under this clause shall be in addition to any 
                other enforcement authority of the Secretary.
          ``(5) Discharge under waiver.--
                  ``(A) Substantial business hardship waiver.--
                If, because of the short length of a voyage, 
                the operator of a vessel is unable to discharge 
                ballast water in accordance with the 
                requirements of paragraph (3)(B) without 
                substantial business hardship, as determined 
                under regulations issued by the Secretary, the 
                operator may request a waiver from the 
                Secretary and discharge the ballast water in 
                accordance with paragraph (6). A request for a 
                waiver under this subparagraph shall be 
                submitted to the Secretary at such time and in 
                such form and manner as the Secretary may 
                require.
                  ``(B) Substantial business hardship.--For 
                purposes of subparagraph (A), the factors taken 
                into account in determining substantial 
                business hardship shall include whether--
                          ``(i) compliance with the 
                        requirements of paragraph (3)(B) would 
                        require a sufficiently great change in 
                        routing or scheduling of service as to 
                        compromise the economic or commercial 
                        viability of the trade or business in 
                        which the vessel is operated; or
                          ``(ii) it is reasonable to expect 
                        that the trade or business or service 
                        provided will be continued only if a 
                        waiver is granted under subparagraph 
                        (A).
          ``(6) Permissible discharge.--
                  ``(A) In general.--The discharge of ballast 
                water shall be considered to be carried out in 
                accordance with this paragraph if it is--
                          ``(i) in an area designated for that 
                        purpose by the Secretary, after 
                        consultation with the Under Secretary, 
                        the heads of other appropriate Federal 
                        agencies as determined by the 
                        Secretary, and representatives of any 
                        State that may be affected by discharge 
                        of ballast water in that area; or
                          ``(ii) into a reception facility 
                        described in subsection (f)(2).
                  ``(B) Limitation on volume.--The volume of 
                any ballast water discharged under this 
                paragraph may not exceed the volume necessary 
                to ensure the safe operation of the vessel.
          ``(7) Certain geographically limited routes.--
        Notwithstanding paragraph (1), the operator of a vessel 
        is not required to comply with the requirements of this 
        subsection and subsection (h)(1)--
                  ``(A) if the vessel operates exclusively--
                          ``(i) within the Great Lakes 
                        ecosystem; or
                          ``(ii) between or among the main 
                        group of the Hawaiian Islands; or
                  ``(B) if the vessel operates exclusively 
                within any area with respect to which the 
                Secretary has determined, after consultation 
                with the Under Secretary, the Administrator, 
                and representatives of States the waters of 
                which would be affected by the discharge of 
                ballast water from the vessel, that the risk of 
                introducing aquatic nuisance species through 
                ballast water discharge in the areas in which 
                the vessel operates is insignificant.
          ``(8) National marine sanctuaries and other 
        prohibited areas.--
                  ``(A) In general.--A vessel may not conduct 
                ballast water exchange or discharge ballast 
                water under this subsection--
                          ``(i) within a national marine 
                        sanctuary designated under the National 
                        Marine Sanctuaries Act (16 U.S.C. 1431 
                        et seq.);
                          ``(ii) a marine national monument 
                        designated under the Act of June 8, 
                        1906 (chapter 3060; 16 U.S.C. 433 et 
                        seq.), popularly known as the 
                        Antiquities Act of 1906;
                          ``(iii) a national park;
                          ``(iv) in waters that are approved by 
                        the Administrator as a nondischarge 
                        zone under section 312(n)(7) of the 
                        Federal Water Pollution Control Act (33 
                        U.S.C. 1322(n)(7)); or
                          ``(v) in any other waters designated 
                        by the Secretary, in consultation with 
                        the Under Secretary and the 
                        Administrator.
                  ``(B) Additional areas.--The Secretary shall, 
                after consultation with the Under Secretary, 
                the Administrator, and other appropriate 
                Federal and State agencies, as determined by 
                the Secretary, and opportunity for public 
                comment, establish criteria for designating 
                additional areas in which, due to their 
                sensitive ecological nature, restrictions on 
                the discharge of vessel ballast water or 
                sediment containing aquatic nuisance species 
                are warranted.
                  ``(C) State waters.--The Governor of any 
                State may submit a written petition to the 
                Secretary to designate an area of State waters 
                that meets the criteria established under 
                subparagraph (B) of this paragraph. The 
                petition shall include a detailed analysis as 
                to how the area proposed to be designated meets 
                those criteria. An area may not be designated 
                under this paragraph until the Secretary 
                determines, based on evidence provided by the 
                Governor, that adequate alternative areas or 
                reception facilities for discharging ballast 
                water or sediment are available. Within 180 
                days after receiving such a petition, the 
                Secretary shall--
                          ``(i) make a determination as to 
                        whether the proposal meets the 
                        requirements of this paragraph for 
                        designation; and
                          ``(ii) either--
                                  ``(I) publish a written 
                                notice of the petition and the 
                                proposed restrictions in the 
                                Federal Register; or
                                  ``(II) notify the Governor in 
                                writing that the area proposed 
                                for designation does not 
                                qualify for designation under 
                                this paragraph and include in 
                                the notice a detailed 
                                explanation of why the area 
                                does not qualify for 
                                designation under this 
                                paragraph.
                  ``(D) Procedure; deadline.--Before 
                designating any area in response to a petition 
                under subparagraph (C), the Secretary, after 
                providing an opportunity for public comment, 
                shall publish notice in the Federal Register of 
                the proposed designation. The Secretary and the 
                Under Secretary shall make such information 
                available through other appropriate mechanisms, 
                including a notice to mariners and inclusion on 
                nautical charts.
                  ``(E) Effect on state law.--Nothing in this 
                paragraph supersedes any State law in effect as 
                of January 1, 2007, that restricts the 
                discharge of ballast water or sediment in State 
                waters and requires such discharges to be made 
                into reception facilities.
          ``(9) Vessels without pumpable ballast water or with 
        no ballast on board.--Not later than 180 days after the 
        date of enactment of the Ballast Water Treatment Act of 
        2008, the Secretary shall promulgate regulations to 
        minimize the discharge of invasive species from vessels 
        entering a United States port or place from outside the 
        United States exclusive economic zone that do not 
        exchange their ballast water pursuant to paragraph 
        (1)(A)(iii) of this subsection and claim no ballast on 
        board, or that claim to be carrying only unpumpable 
        quantities of ballast, including, at a minimum, a 
        requirement that--
                  ``(A) such a ship shall conduct saltwater 
                flushing of ballast water tanks--
                          ``(i) outside the exclusive economic 
                        zone; or
                          ``(ii) at a designated alternative 
                        exchange site; and
                  ``(B) before being allowed entry into the 
                Great Lakes beyond the St. Lawrence Seaway, the 
                master of such a vessel shall certify that the 
                vessel has complied with each applicable 
                requirement under this subsection.
  ``(f) Ballast Water Treatment Requirements.--
          ``(1) Performance standards.--A vessel to which this 
        section applies shall conduct ballast water treatment 
        in accordance with the requirements of this subsection 
        before discharging ballast water in waters subject to 
        the jurisdiction of the United States so that the 
        ballast water discharged will contain--
                  ``(A) less than 1 living organism per 10 
                cubic meters that is 50 or more micrometers in 
                minimum dimension;
                  ``(B) less than 1 living organism per 10 
                milliliters that is less than 50 micrometers in 
                minimum dimension and more than 10 micrometers 
                in minimum dimension;
                  ``(C) concentrations of indicator microbes 
                that are less than--
                          ``(i) 1 colony-forming unit of 
                        toxicogenic Vibrio cholera (serotypes 
                        O1 and O139) per 100 milliliters or 
                        less than 1 colony-forming unit of that 
                        microbe per gram of wet weight of 
                        zoological samples;
                          ``(ii) 126 colony-forming units of 
                        escherichia coli per 100 milliliters; 
                        and
                          ``(iii) 33 colony-forming units of 
                        intestinal enterococci per 100 
                        milliliters; and
                  ``(D) concentrations of such additional 
                indicator microbes and of viruses as may be 
                specified in regulations issued by the 
                Secretary and the Administrator, after 
                consultation with other appropriate Federal 
                agencies as determined by the Secretary and the 
                Administrator, that are less than the amount 
                specified in those regulations.
          ``(2) Reception facility exception.--
                  ``(A) In general.--Paragraph (1) does not 
                apply to a vessel that discharges ballast water 
                into--
                          ``(i) a land-based facility for the 
                        reception of ballast water that meets 
                        standards issued by the Administrator; 
                        or
                          ``(ii) a water-based facility for the 
                        reception of ballast water that meets 
                        standards issued by the Secretary.
                  ``(B) Issuance of standards.--Not later than 
                one year after the date of enactment of the 
                Ballast Water Treatment Act of 2008, the 
                Secretary, in consultation with the heads of 
                other appropriate Federal agencies as 
                determined by the Secretary, shall issue 
                standards for--
                          ``(i) the reception of ballast water 
                        in land-based and water-based reception 
                        facilities; and
                          ``(ii) the disposal or treatment of 
                        such ballast water in a way that does 
                        not impair or damage the environment, 
                        human health, property, or resources.
          ``(3) Treatment system implementation.--
                  ``(A) IMO standard implementation.--A vessel 
                to which this section applies shall have a 
                ballast water treatment system that meets the 
                standards provided under Regulation D-2 of the 
                International Convention for the Control and 
                Management of Ships' Ballast Water and 
                Sediments as signed on February 13, 2004, 
                beginning on the date of the first drydocking 
                of the vessel after December 31, 2008.
                  ``(B) United states standard 
                implementation.--Paragraph (1) applies to a 
                vessel to which this section applies beginning 
                on the date of the first drydocking of the 
                vessel after December 31, 2011, but not later 
                than December 31, 2013.
                  ``(C) Period for use of equipment.--The 
                Secretary shall allow a vessel using a 
                treatment system installed under this 
                subsection to continue to use that system for 
                10 years after the date on which that system 
                was first placed in service on the vessel.
          ``(4) Treatment system approval required.--The 
        operator of a vessel to which this section applies may 
        not use a ballast water treatment system to comply with 
        the requirements of this subsection unless the system 
        is approved by the Secretary. The Secretary, in 
        consultation with the Administrator, shall issue 
        regulations establishing a process for such approval, 
        after consultation with the heads of other appropriate 
        Federal agencies as determined by the Secretary.
          ``(5) Reliance on certain reports, documents, and 
        records.--In approving a ballast water treatment system 
        under this subsection, the Secretary may rely on 
        reports, documents, and records of persons that meet 
        such requirements as the Secretary may prescribe.
          ``(6) Feasibility review.--
                  ``(A) In general.--Not less than 2 years 
                before January 1, 2012, the Secretary, in 
                consultation with the Administrator, shall 
                complete a review to determine whether 
                appropriate technologies are available to 
                achieve the performance standards set forth in 
                paragraph (1). In reviewing the technologies 
                the Secretary, the Administrator, and the heads 
                of other appropriate Federal agencies as 
                determined by the Secretary, shall consider--
                          ``(i) the effectiveness of a 
                        technology in achieving the standards;
                          ``(ii) feasibility in terms of 
                        compatibility with ship design and 
                        operations;
                          ``(iii) safety considerations;
                          ``(iv) whether a technology has an 
                        adverse impact on the environment; and
                          ``(v) cost effectiveness.
                  ``(B) Delay in scheduled application.--If the 
                Secretary, in consultation with the 
                Administrator, determines, on the basis of the 
                review conducted under subparagraph (A), and 
                after an opportunity for a public hearing, that 
                technology that complies with the standards set 
                forth in paragraph (1) in accordance with the 
                schedule set forth in paragraph (3) is not 
                available for any class of vessels, the 
                Secretary shall require use of technology that 
                achieves the performance levels of the best 
                performing technology available. If the 
                Secretary finds that no technology is available 
                that will achieve the standards set forth in 
                paragraph (1), then the Secretary shall--
                          ``(i) extend the date on which that 
                        paragraph applies to vessels for a 
                        period of not more than 24 months; and
                          ``(ii) recommend action to ensure 
                        that compliance with the extended date 
                        schedule for that subparagraph is 
                        achieved.
                  ``(C) More protective standards; earlier 
                implementation.--
                          ``(i) Performance standards.--If the 
                        Secretary and the Administrator 
                        determine that ballast water treatment 
                        technology exists that exceeds the 
                        performance standards required under 
                        paragraph (1), the Secretary and the 
                        Administrator shall, for any class of 
                        vessels, revise the performance 
                        standards to incorporate the higher 
                        performance standards.
                          ``(ii) Implementation.--If the 
                        Secretary and the Administrator 
                        determine that technology that achieves 
                        the applicable performance standards 
                        required under paragraph (1) can be 
                        implemented earlier than required by 
                        this subsection, the Secretary and the 
                        Administrator shall, for any class of 
                        vessels, accelerate the implementation 
                        schedule under paragraph (3). If the 
                        Secretary and the Administrator 
                        accelerate the implementation schedule 
                        pursuant to this clause, the Secretary 
                        and the Administrator shall provide at 
                        least 24 months notice before such 
                        accelerated implementation goes into 
                        effect.
                          ``(iii) Determinations not mutually 
                        exclusive.--The Secretary and the 
                        Administrator shall take action under 
                        both clause (i) and clause (ii) if the 
                        Secretary and the Administrator make 
                        determinations under both clauses.
          ``(7) Delay of application for vessel participating 
        in promising technology evaluations.--
                  ``(A) In general.--If a vessel participates 
                in a program, including the Shipboard 
                Technology Evaluation Program established under 
                section 1104, using a technology approved by 
                the Secretary to test and evaluate promising 
                ballast water treatment technologies that are 
                likely to result in treatment technologies 
                achieving a standard that is the same as or 
                more stringent than the standard that applies 
                under paragraph (1) before the first date on 
                which paragraph (1) applies to that vessel, the 
                Secretary shall allow the vessel to use that 
                technology for a 10-year period and such vessel 
                shall be deemed to be in compliance with the 
                requirements of paragraph (1) during that 10-
                year period.
                  ``(B) Vessel diversity.--The Secretary--
                          ``(i) shall seek to ensure that a 
                        wide variety of vessel types and 
                        voyages are included in the program; 
                        but
                          ``(ii) may not grant a delay under 
                        this paragraph to more than 5 percent 
                        of the vessels to which this section 
                        applies.
                  ``(C) Termination of grace period.--The 
                Secretary may terminate the 10-year grace 
                period of a vessel under subparagraph (A) if--
                          ``(i) the participation of the vessel 
                        in the program is terminated without 
                        the consent of the Secretary;
                          ``(ii) the vessel does not comply 
                        with manufacturer's standards for 
                        operating the ballast water treatment 
                        technology used on such vessel; or
                          ``(iii) the Secretary determines that 
                        the approved technology is 
                        insufficiently effective or is causing 
                        harm to the environment.
          ``(8) Review of standards.--
                  ``(A) In general.--In December 2012 and every 
                third year thereafter, the Administrator and 
                the Secretary shall complete review of ballast 
                water treatment standards in effect under this 
                subsection to determine, after consultation 
                with the heads of other appropriate Federal 
                agencies determined by the Administrator and 
                the Secretary, if the standards under this 
                subsection should be revised to reduce the 
                amount of organisms or microbes allowed to be 
                discharged, taking into account improvements in 
                the scientific understanding of biological 
                processes leading to the spread of aquatic 
                nuisance species and improvements in ballast 
                water treatment technology. The Administrator 
                and the Secretary shall revise, by regulation, 
                the requirements of this subsection as 
                necessary.
                  ``(B) Application of adjusted standards.--In 
                the regulations, the Secretary and the 
                Administrator shall provide for the prospective 
                application of the adjusted standards issued 
                under this paragraph to vessels constructed 
                after the date on which the adjusted standards 
                apply and for an orderly phase-in of the 
                adjusted standards to existing vessels.
          ``(9) High-risk voyages.--
                  ``(A) Vessel list.--Not later than one year 
                after the date of enactment of the Ballast 
                Water Treatment Act of 2008, the Secretary 
                shall publish and regularly update a list of 
                vessels, not equipped with ballast water 
                equipment under this section, identified by the 
                States that, due to factors such as the origin 
                of their voyages, the frequency of their 
                voyages, the volume of ballast water they 
                carry, the biological makeup of the ballast 
                water, and the fact that they frequently 
                discharge ballast water under an exception to 
                subsection (e), pose a high risk of introducing 
                aquatic nuisance species into the waters of 
                those States.
                  ``(B) Incentive programs.--The Secretary 
                shall give priority to vessels on the list for 
                participation in a program described in 
                paragraph (7). Any Federal agency, and any 
                State agency with respect to vessels identified 
                by such State to the Secretary for inclusion on 
                a list under subparagraph (A), may develop and 
                implement technology development programs or 
                other incentives (whether positive or negative) 
                in order to encourage the adoption of ballast 
                water treatment technology by those vessels 
                consistent with the requirements of this 
                section on an expedited basis.
          ``(10) Nonapplicability of vessels operating 
        exclusively in determined area.--
                  ``(A) In general.--Except as provided in 
                subparagraph (D), paragraph (1) does not apply 
                to a vessel that operates exclusively within a 
                geographically limited area if the Secretary 
                and the Administrator have determined through a 
                rulemaking proceeding, after consultation with 
                the heads of other appropriate Federal agencies 
                as determined by the Secretary and the 
                Administrator, and representatives of States 
                the waters of which could be affected by the 
                discharge of ballast water from the vessel, 
                that the risk of introducing aquatic nuisance 
                species through ballast water discharge from 
                the vessel is insignificant.
                  ``(B) Certain vessels.--A vessel constructed 
                before January 1, 2001, that operates 
                exclusively within the Great Lakes ecosystem 
                shall be presumed not to pose a significant 
                risk of introducing aquatic nuisance species 
                unless the Secretary and the Administrator find 
                otherwise in a rulemaking proceeding under 
                subparagraph (A).
                  ``(C) Best practices.--The Secretary and the 
                Administrator shall develop, and require a 
                vessel exempted from complying with the 
                requirements of paragraph (1) under this 
                paragraph to follow, best practices to minimize 
                the spreading of aquatic nuisance species in 
                its operation area. The best practices shall be 
                developed in consultation with the Governors of 
                States that may be affected.
                  ``(D) Stopping the spread of infectious 
                disease.--The Secretary, at the request of the 
                Secretary of Agriculture, shall require a 
                vessel to which paragraph (1) does not apply in 
                accordance with subparagraph (A) to have a 
                ballast water treatment system approved by the 
                Secretary under this subsection to stop the 
                spread of infectious diseases to plants and 
                animals as otherwise authorized by law.
          ``(11) Testing protocols and laboratories.--
                  ``(A) In general.--The Secretary and the 
                Administrator, shall, no later than 90 days 
                after the date of enactment of the Ballast 
                Water Treatment Act of 2008 and without regard 
                to chapter 5 of title 5, United States Code, 
                issue interim protocols for verifying the 
                performance of ballast water treatment 
                technologies required by this Act, criteria for 
                certifying laboratories to evaluate such 
                technologies, and procedures for approving 
                treatment equipment and systems for shipboard 
                use.
                  ``(B) Protocols and procedures for treatment 
                technologies.--In developing protocols and 
                procedures for verifying and approving 
                treatment technologies, the Secretary and the 
                Administrator, shall consider using existing 
                protocols and procedures including methods used 
                as part of the Ballast Water Management 
                Demonstration Program by the Environmental 
                Protection Agency as a part of its 
                Environmental Testing & Verification Program, 
                or by the Secretary as part of the Coast 
                Guard's Shipboard Technology Evaluation 
                Program.
                  ``(C) Laboratories.--The Secretary and the 
                Administrator shall utilize Federal or non-
                Federal laboratories that meet standards 
                established by the Secretary for the purpose of 
                evaluating and certifying ballast water 
                treatment technologies and equipment under this 
                subsection.
                  ``(D) Requirements; updates.--The Secretary 
                and the Administrator shall periodically review 
                and, if necessary, revise the criteria, 
                protocols, and procedures developed under this 
                paragraph.
          ``(12) Program to support the promulgation and 
        implementation of standards.--
                  ``(A) In general.--The Secretary and the 
                Administrator, in coordination with the Under 
                Secretary, the Task Force and other appropriate 
                Federal agencies, shall carry out a coordinated 
                program to support the promulgation and 
                implementation of standards under this 
                subsection to prevent the introduction and 
                spread of aquatic invasive species by vessels. 
                The program established under this section 
                shall, at a minimum--
                          ``(i) characterize physical, 
                        chemical, and biological harbor 
                        conditions relevant to ballast 
                        discharge into United States waters to 
                        inform the design and implementation of 
                        ship vector control technologies and 
                        practices;
                          ``(ii) develop testing protocols for 
                        determining the effectiveness of vessel 
                        vector monitoring and control 
                        technologies and practices;
                          ``(iii) demonstrate methods for 
                        mitigating the spread of invasive 
                        species by coastal voyages, including 
                        exploring the effectiveness of 
                        alternative exchange zones in the near 
                        coastal areas and other methods 
                        proposed to reduce transfers of 
                        organisms;
                          ``(iv) verify the practical 
                        effectiveness of any process for 
                        approving a type of alternative ballast 
                        water management as meeting standards 
                        established under this subsection, to 
                        ensure that the process produces 
                        repeatable and accurate assessments of 
                        treatment effectiveness; and
                          ``(v) evaluate the effectiveness and 
                        residual risk and environmental impacts 
                        associated with any standard set with 
                        respect to the vessel pathways.
                  ``(B) Authorization of appropriations.--In 
                addition to other amounts authorized by this 
                title, to carry out this paragraph there are 
                authorized to be appropriated $1,500,000 to the 
                Secretary and $1,500,000 to the Under Secretary 
                for each of fiscal years 2008 through 2012.
  ``(g) Warnings Concerning Ballast Water Uptake.--
          ``(1) In general.--The Secretary shall notify vessel 
        owners and operators of any area in waters subject to 
        the jurisdiction of the United States in which vessels 
        may not uptake ballast water due to known conditions.
          ``(2) Contents.--The notice shall include--
                  ``(A) the coordinates of the area; and
                  ``(B) if possible, the location of 
                alternative areas for the uptake of ballast 
                water.
  ``(h) Sediment Management.--
          ``(1) In general.--The operator of a vessel to which 
        this section applies may not remove or dispose of 
        sediment from spaces designed to carry ballast water, 
        except--
                  ``(A) in accordance with this subsection and 
                the ballast water management plan approved 
                under subsection (c); and
                  ``(B)(i) more than 200 nautical miles from 
                the nearest point of land; or
                  ``(ii) into a reception facility that meets 
                the requirements of paragraph (3).
          ``(2) Design requirements.--
                  ``(A) New vessels.--After December 31, 2008, 
                a vessel to which this section applies may not 
                be operated on waters subject to the 
                jurisdiction of the United States, unless that 
                vessel is designed and constructed in 
                accordance with regulations issued under 
                subparagraph (C) and in a manner that--
                          ``(i) minimizes the uptake and 
                        entrapment of sediment;
                          ``(ii) facilitates removal of 
                        sediment; and
                          ``(iii) provides for safe access for 
                        sediment removal and sampling.
                  ``(B) Existing vessels.--A vessel to which 
                this section applies that was constructed 
                before January 1, 2009, shall be modified, to 
                the extent practicable, at the first drydocking 
                of the vessel after December 31 2008, but not 
                later than December 31, 2013, to achieve the 
                objectives described in subparagraph (A).
                  ``(C) Regulations.--The Secretary shall issue 
                regulations establishing design and 
                construction standards to achieve the 
                objectives of subparagraph (A) and providing 
                guidance for modifications and practices under 
                subparagraph (B). The Secretary shall 
                incorporate the standards and guidance in the 
                regulations governing the ballast water 
                management plan approved under subsection (c).
          ``(3) Sediment reception facilities.--
                  ``(A) Standards.--The Secretary, in 
                consultation with the heads of other 
                appropriate Federal agencies as determined by 
                the Secretary, shall issue regulations 
                governing facilities for the reception of 
                vessel sediment from spaces designed to carry 
                ballast water that provide for the disposal of 
                such sediment in a way that does not impair or 
                damage the environment, human health, or 
                property or resources of the disposal area.
                  ``(B) Designation.--The Secretary, in 
                consultation with the heads of other 
                appropriate Federal agencies as determined by 
                the Secretary shall designate facilities for 
                the reception of vessel sediment that meet the 
                requirements of the regulations issued under 
                subparagraph (A) at ports and terminals where 
                ballast tanks are cleaned or repaired.
  ``(i) Examinations and Certifications.--
          ``(1) Initial examination.--
                  ``(A) In general.--The Secretary shall 
                examine vessels to which this section applies 
                to determine whether--
                          ``(i) there is a ballast water 
                        management plan for the vessel that is 
                        approved by the Secretary and a ballast 
                        water record book on the vessel that 
                        meets the requirements of subsection 
                        (d);
                          ``(ii) the equipment used for ballast 
                        water and sediment management in 
                        accordance with the requirements of 
                        this section and the regulations issued 
                        under this section is installed and 
                        functioning properly.
                  ``(B) New vessels.--For vessels constructed 
                on or after January 1, 2009, the Secretary 
                shall conduct the examination required by 
                subparagraph (A) before the vessel is placed in 
                service.
                  ``(C) Existing vessels.--For vessels 
                constructed before January 1, 2009, the 
                Secretary shall--
                          ``(i) conduct the examination 
                        required by subparagraph (A) before the 
                        date on which subsection (f)(1) applies 
                        to the vessel according to the schedule 
                        in subsection (f)(3); and
                          ``(ii) inspect the vessel's ballast 
                        water record book required by 
                        subsection (d).
                  ``(D) Foreign vessel.--In the case of a 
                foreign vessel, the Secretary shall perform the 
                examination required by this paragraph the 
                first time the vessel enters a United States 
                port.
          ``(2) Subsequent examinations.--In addition to the 
        examination required by paragraph (1), the Secretary 
        shall annually examine vessels to which this section 
        applies, to ensure compliance with the requirements of 
        this section and the regulations issued under this 
        section.
          ``(3) Inspection authority.--
                  ``(A) In general.--The Secretary may carry 
                out inspections of any vessel to which this 
                section applies at any time, including the 
                taking of ballast water samples, to ensure 
                compliance with this section. The Secretary 
                shall use all appropriate and practical 
                measures of detection and environmental 
                monitoring such vessels and shall establish 
                adequate procedures for reporting violations of 
                this section and accumulating evidence 
                regarding such violations.
                  ``(B) Investigations.--
                          ``(i) In general.--Upon receipt of 
                        evidence that a violation of this 
                        section or a regulation issued under 
                        this section has occurred, the 
                        Secretary shall cause the matter to be 
                        investigated.
                          ``(ii) Issuance of subpoenas.--In an 
                        investigation under this subparagraph, 
                        the Secretary may issue subpoenas to 
                        require the attendance of any witness 
                        and the production of documents and 
                        other evidence.
                          ``(iii) Compelling compliance with 
                        subpoenas.--In case of refusal to obey 
                        a subpoena issued under this 
                        subparagraph, the Secretary may request 
                        the Attorney General to invoke the aid 
                        of the appropriate district court of 
                        the United States to compel compliance.
          ``(4) State programs.--
                  ``(A) Submission to secretary.--At any time 
                after the date of issuance of ballast water 
                treatment regulations issued under this 
                section, the Governor of each State desiring to 
                administer its own inspection and enforcement 
                authority for ballast water discharges within 
                its jurisdiction may submit to the Secretary a 
                complete description of the program the 
                Governor proposes to establish and administer 
                under State law. In addition, the Governor 
                shall submit a statement from the attorney 
                general that the laws of such State provide 
                adequate authority to carry out the described 
                program.
                  ``(B) Approval.--The Secretary shall approve 
                a program submitted under subparagraph (A), 
                unless the Secretary determines that adequate 
                resources do not exist or, in the case of 
                ballast water testing, that adequate scientific 
                expertise does not exist--
                          ``(i) to inspect, monitor, and board 
                        any vessel to which this section 
                        applies at any time, including the 
                        taking and testing of ballast water 
                        samples, to ensure the vessel's 
                        compliance with this section;
                          ``(ii) to ensure that any ballast 
                        water discharged within the waters 
                        subject to the jurisdiction of the 
                        State meet the ballast water 
                        requirements of this section and the 
                        regulations issued under this section, 
                        including any revisions to such 
                        requirements and regulations;
                          ``(iii) to establish adequate 
                        procedures for reporting violations of 
                        this section;
                          ``(iv) to investigate and abate 
                        violations of this section, including 
                        civil and criminal penalties and other 
                        ways and means of enforcement; and
                          ``(v) to ensure that the Secretary 
                        receives notice of each violation of 
                        the ballast water treatment 
                        requirements issued under this section 
                        in an expeditious manner.
                  ``(C) Compliance.--Any State program approved 
                under this paragraph shall at all times be 
                conducted in accordance with this section and 
                regulations issued under this section.
                  ``(D) Withdrawal of approval.--Whenever the 
                Secretary determines, after public hearing, 
                that a State is not administering a program 
                approved under this paragraph in accordance 
                with this section and regulations issued under 
                this section, the Secretary shall notify the 
                State and, if appropriate corrective action is 
                not taken within a reasonable period of time 
                not to exceed 90 days, the Secretary shall 
                withdraw approval of the program. The Secretary 
                shall not withdraw approval of any program 
                unless the Secretary shall first have notified 
                the State, and made public, in writing, the 
                reasons for such withdrawal.
                  ``(E) Limitation on statutory construction.--
                Nothing in this paragraph shall limit the 
                authority of the Secretary carry out 
                inspections and investigations of any vessels 
                under paragraph (3).
          ``(5) Required certificate.--If, on the basis of an 
        initial examination under paragraph (1), the Secretary 
        finds that a vessel complies with the requirements of 
        this section and the regulations issued under this 
        section, the Secretary shall issue a certificate under 
        this paragraph as evidence of such compliance. The 
        certificate shall be valid for a period of not more 
        than 5 years, as specified by the Secretary. The 
        certificate or a true copy shall be maintained on board 
        the vessel.
          ``(6) Notification of violations.--If the Secretary 
        finds, on the basis of an examination under paragraph 
        (1) or (2), investigation under paragraph (3), or any 
        other information, that a vessel is being operated in 
        violation of any requirement of this section or 
        regulation issued under this section, the Secretary 
        shall--
                  ``(A) notify, in writing--
                          ``(i) the master of the vessel; and
                          ``(ii) the captain of the port at the 
                        vessel's next port of call;
                  ``(B) remove from the vessel the certificate 
                issued under paragraph (5);
                  ``(C) take such other action as may be 
                appropriate.
          ``(7) Compliance monitoring.--
                  ``(A) In general.--The Secretary shall 
                establish, by regulation, sampling and other 
                procedures to monitor compliance with the 
                requirements of this section and the 
                regulations issued under this section.
                  ``(B) Use of markers.--The Secretary may 
                verify compliance with the discharge 
                requirements of subsection (f) and the 
                regulations issued under this section with 
                respect to such requirements through 
                identification of markers associated with a 
                treatment technology's effectiveness, such as 
                the presence of indicators associated with a 
                certified treatment technology.
          ``(8) Education and technical assistance programs.--
        The Secretary may carry out education and technical 
        assistance programs and other measures to promote 
        compliance with the requirements of this section and 
        the regulations issued under this section.
          ``(9) Report.--Beginning 1 year after final 
        regulations have been adopted pursuant to this section 
        after the enactment of the Ballast Water Treatment Act 
        of 2008, and annually thereafter, the Secretary shall 
        prepare a report summarizing the results of ballast 
        water inspection and enforcement activities. The report 
        shall, at a minimum, include information on the number 
        of vessels inspected and the type of inspections, the 
        status of implementation of treatment technologies, the 
        number of exemptions claimed from ballast water 
        exchange requirements, the number of violations, a 
        summary of enforcement and regulatory actions, and 
        overall compliance statistics. The report shall be made 
        available on the National Ballast Information 
        Clearinghouse established under section 1102(f).
  ``(j) Detention of Vessels.--The Secretary, by notice to the 
owner, charterer, managing operator, agent, master, or other 
individual in charge of a vessel, may detain that vessel if the 
Secretary has reasonable cause to believe that--
          ``(1) the vessel is a vessel to which this section 
        applies; and
          ``(2) the vessel does not comply with any requirement 
        of this section or regulation issued under this section 
        or is being operated in violation of such a requirement 
        or regulation.
  ``(k) Sanctions.--
          ``(1) Civil penalties.--Any person who violates this 
        section (including a regulation issued under this 
        section) shall be liable for a civil penalty in an 
        amount not to exceed $32,500. Each day of a continuing 
        violation constitutes a separate violation. A vessel 
        operated in violation of this section (including a 
        regulation issued under this section) is liable in rem 
        for any civil penalty assessed under this subsection 
        for that violation.
          ``(2) Criminal penalties.--Whoever knowingly violates 
        this section (including a regulation issued under this 
        section) shall be fined under title 18, United States, 
        or imprisoned not more than 12 years, or both.
          ``(3) Revocation of clearance.--Except as provided in 
        subsection (j)(2), upon request of the Secretary, the 
        Secretary of the Treasury shall withhold or revoke the 
        clearance of a vessel required by section 60105 of 
        title 46, United States Code, if the owner or operator 
        of that vessel is in violation of this section or a 
        regulation issued under this section.
  ``(l) Enforcement.--
          ``(1) Administrative actions.--If the Secretary 
        finds, after notice and an opportunity for a hearing, 
        that a person has violated this section or a regulation 
        issued under this section, the Secretary may assess a 
        civil penalty for that violation. In determining the 
        amount of the civil penalty, the Secretary shall take 
        into account the nature, circumstances, extent, and 
        gravity of the prohibited acts committed and, with 
        respect to the violator, the degree of culpability, any 
        history of prior violations, and such other matters as 
        justice may require.
          ``(2) Civil actions.--At the request of the 
        Secretary, the Attorney General may bring a civil 
        action in an appropriate district court of the United 
        States to enforce this section or any regulation issued 
        under this section. Any court before which such an 
        action is brought may award appropriate relief, 
        including temporary or permanent injunctions and civil 
        penalties.
  ``(m) Consultation With Canada, Mexico, and Other Foreign 
Governments.--In developing the guidelines and regulations to 
be issued under this section, the Secretary is encouraged to 
consult with the Government of Canada, the Government of Mexico 
and any other government of a foreign country that the 
Secretary, after consultation with the Task Force, determines 
to be necessary to develop and implement an effective 
international program for preventing the unintentional 
introduction and spread of aquatic nuisance species through 
ballast water.
  ``(n) International Cooperation.--The Secretary, in 
cooperation with the Under Secretary, the Secretary of State, 
the Administrator, the heads of other relevant Federal 
agencies, the International Maritime Organization of the United 
Nations, and the Commission on Environmental Cooperation 
established pursuant to the North American Free Trade 
Agreement, is encouraged to enter into negotiations with the 
governments of foreign countries to develop and implement an 
effective international program for preventing the 
unintentional introduction and spread of aquatic invasive 
species. The Secretary is particularly encouraged to seek 
bilateral or multilateral agreements with Canada, Mexico, and 
other nations in the Wider Caribbean Region (as defined in the 
Convention for the Protection and Development of the Marine 
Environment of the Wider Caribbean, signed at Cartagena on 
March 24, 1983 (TIAF 11085), to carry out the objectives of 
this section.
  ``(o) Nondiscrimination.--The Secretary shall ensure that 
foreign vessels do not receive more favorable treatment than 
vessels of the United States when the Secretary performs 
studies, reviews compliance, determines effectiveness, 
establishes requirements, or performs any other 
responsibilities under this Act.
  ``(p) Consultation With Task Force.--The Secretary shall 
consult with the Task Force in carrying out this section.
  ``(q) Preemption.--
          ``(1) In general.--Except as provided in subsection 
        (i)(4) and paragraph (4) of this subsection but 
        notwithstanding any other provision of law, the 
        provisions of subsections (e) and (f) supersede any 
        provision of State or local law that is inconsistent 
        with the requirements of those subsections or that 
        conflicts with the requirements of those subsections.
          ``(2) Greater penalties or fees.--For purpose of 
        paragraph (1), the imposition by State or local law of 
        greater penalties or fees for acts or omissions that 
        are violations of such law and also violations of this 
        Act or the imposition by a State of incentives under 
        subsection (f)(9)(B) shall not be considered to be 
        inconsistent, or to conflict, with the requirements of 
        subsections (e) and (f).
          ``(3) Reception facilities.--The standards issued by 
        the Secretary or the heads of other appropriate Federal 
        agencies under subsection (f)(2) do not supersede any 
        more stringent standard under any otherwise applicable 
        Federal, State, or local law.
          ``(4) Limitation on application.--Until January 1, 
        2012, this subsection does not apply to a State law 
        requiring ballast water treatment and any regulations 
        prescribed under that law as those laws and regulations 
        were in effect on January 1, 2007.
  ``(r) Legal Actions.--
          ``(1) Civil action.--Any person may petition the 
        Secretary to bring a civil action in an appropriate 
        district court of the United States to enforce this 
        section, or any regulation promulgated hereunder. 
        Within 90 days after receiving such a petition, the 
        Secretary shall--
                  ``(A) respond to the person filing the 
                petition with a determination of whether a 
                violation of this section, or any regulation 
                promulgated hereunder, has occurred or is 
                occurring; and
                  ``(B) if the Secretary determines that a 
                violation of this section, or any regulation 
                promulgated hereunder, has occurred or is 
                occurring--
                          ``(i) immediately bring a civil 
                        action in an appropriate district court 
                        of the United States to enforce this 
                        section, or any regulation promulgated 
                        hereunder; or
                          ``(ii) demonstrate that the violation 
                        has ceased.
          ``(2) Relief.--Any court before which such an action 
        is brought may award appropriate relief, including 
        temporary or permanent injunctive relief and civil 
        penalties.
  ``(s) Coast Guard Report on Other Sources of Vessel-Bourne 
Nuisance Species.--
          ``(1) In general.--
                  ``(A) Hull-fouling and other vessel 
                sources.--Not later than 180 days after the 
                date of enactment of the Ballast Water 
                Treatment Act of 2008, the Secretary shall 
                transmit a report to the Committee on Commerce, 
                Science, and Transportation of the Senate and 
                the Committee on Transportation and 
                Infrastructure of the House of Representatives 
                on vessel-related pathways of harmful aquatic 
                organisms and pathogens other than ballast 
                water and sediment, including vessel hulls and 
                equipment, and from vessels equipped with 
                ballast tanks that carry no ballast water on 
                board.
                  ``(B) Best practices.--
                          ``(i) In general.--As soon as 
                        practicable, the Secretary shall 
                        develop best practices standards and 
                        procedures designed to reduce the 
                        introduction and spread of invasive 
                        species into and within the United 
                        States from vessels and establish a 
                        timeframe for implementation of those 
                        standards and procedures by vessels. 
                        Such standards and procedures shall 
                        include designation of geographical 
                        locations for uptake and discharge of 
                        untreated ballast water, as well as 
                        standards and procedure for other 
                        vessel pathways of aquatic invasive 
                        species.
                          ``(ii) Report.--The Secretary shall 
                        transmit a report to the committees 
                        referred to in subparagraph (A) 
                        describing the standards and procedures 
                        developed under this subparagraph and 
                        the implementation timeframe, together 
                        with such recommendations as the 
                        Secretary determines appropriate.
                          ``(iii) Regulations.--The Secretary 
                        may issue regulations to incorporate 
                        and enforce standards and procedures 
                        developed under this paragraph.
          ``(2) Transiting vessels.--Not later than 180 days 
        after the date of enactment of the Ballast Water 
        Treatment Act of 2008, the Secretary shall transmit a 
        report to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives containing--
                  ``(A) an assessment of the magnitude and 
                potential adverse impacts of ballast water 
                operations from foreign vessels designed, 
                adapted, or constructed to carry ballast water 
                that are transiting waters subject to the 
                jurisdiction of the United States; and
                  ``(B) recommendations, including legislative 
                recommendations if appropriate, of options for 
                addressing ballast water operations of those 
                vessels.''.
  (b) Definitions.--Section 1003 of the Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702) is 
amended--
          (1) by redesignating--
                  (A) paragraphs (1), (2), and (3) as 
                paragraphs (2), (3), and (4), respectively;
                  (B) paragraphs (4), (5), and (6) as 
                paragraphs (8), (9), and (10), respectively;
                  (C) paragraphs (7), (8), (9), and (10) as 
                paragraphs (12), (13), (14), and (15), 
                respectively;
                  (D) paragraphs (11) and (12) as paragraphs 
                (17) and (18), respectively;
                  (E) paragraphs (13), (14), and (15) as 
                paragraphs (20), (21), and (22), respectively;
                  (F) paragraph (16) as paragraph (27); and
                  (G) paragraph (17) as paragraph (23);
          (2) by moving paragraph (23), as so redesignated, 
        after paragraph (22), as so redesignated;
          (3) by inserting before paragraph (2), as so 
        redesignated, the following:
          ``(1) `Administrator' means the Administrator of the 
        Environmental Protection Agency;'';
          (4) by striking paragraph (4), as so redesignated, 
        and inserting the following:
          ``(4) `ballast water' means--
                  ``(A) water taken on board a vessel to 
                control trim, list, draught, stability, or 
                stresses of the vessel, including matter 
                suspended in such water; or
                  ``(B) any water placed into a ballast tank 
                during cleaning, maintenance, or other 
                operations;'';
          (5) by inserting after paragraph (4), as so 
        redesignated and amended, the following:
          ``(5) `ballast water capacity' means the total 
        volumetric capacity of any tanks, spaces, or 
        compartments on a vessel that is used for carrying, 
        loading, or discharging ballast water, including any 
        multi-use tank, space, or compartment designed to allow 
        carriage of ballast water;
          ``(6) `ballast water management' means mechanical, 
        physical, chemical, and biological processes used, 
        either singularly or in combination, to remove, render 
        harmless, or avoid the uptake or discharge of harmful 
        aquatic organisms and pathogens within ballast water 
        and sediment;
          ``(7) `constructed' means a state of construction of 
        a vessel at which--
                  ``(A) the keel is laid;
                  ``(B) construction identifiable with the 
                specific vessel begins;
                  ``(C) assembly of the vessel has begun 
                comprising at least 50 tons or 1 percent of the 
                estimated mass of all structural material of 
                the vessel, whichever is less; or
                  ``(D) the vessel undergoes a major 
                conversion;'';
          (6) by inserting after paragraph (10), as so 
        redesignated, the following:
          ``(11) `foreign vessel' has the meaning such term has 
        under section 110 of title 46, United States Code;'';
          (7) by inserting after paragraph (15), as so 
        redesignated, the following:
          ``(16) `major conversion' means a conversion of a 
        vessel, that--
                  ``(A) changes its ballast water carrying 
                capacity by at least 15 percent;
                  ``(B) changes the vessel class;
                  ``(C) is projected to prolong the vessel's 
                life by at least 10 years (as determined by the 
                Secretary); or
                  ``(D) results in modifications to the 
                vessel's ballast water system, except--
                          ``(i) component replacement-in-kind; 
                        or
                          ``(ii) conversion of a vessel to meet 
                        the requirements of section 1101(e);'';
          (8) by inserting after paragraph (18), as so 
        redesignated, the following:
          ``(19) `sediment' means matter that has settled out 
        of ballast water within a vessel;'';
          (9) in paragraph (12), as so redesignated, by 
        striking the period at the end and inserting a 
        semicolon;
          (10) by inserting after paragraph (23), as so 
        redesignated and moved, the following:
          ``(24) `United States port' means a port, river, 
        harbor, or offshore terminal under the jurisdiction of 
        the United States, including ports located in Puerto 
        Rico, Guam, and the United States Virgin Islands;
          ``(25) `vessel of the Armed Forces' means--
                  ``(A) any vessel owned or operated by the 
                Department of Defense, other than a time or 
                voyage chartered vessel; and
                  ``(B) any vessel owned or operated by the 
                Department of Homeland Security that is 
                designated by the Secretary as a vessel 
                equivalent to a vessel described in 
                subparagraph (A);
          ``(26) `vessel of the United States' has the meaning 
        such term has under section 116 of title 46, United 
        States Code;''; and
          (11) in paragraph (23), as so redesignated, by 
        striking the period at the end and inserting ``;''.
  (c) Repeal of Section 1103.--Section 1103 of the 
Nonindigenous Aquatic Nuisance Prevention and Control Act of 
1990 (16 U.S.C. 4713) is repealed.
  (d) Interim Final Rule.--The Secretary shall issue an interim 
final rule as a temporary regulation implementing the 
amendments made by this section as soon as practicable after 
the date of enactment of this section, without regard to the 
provisions of chapter 5 of title 5, United States Code. All 
regulations issued under the authority of this subsection that 
are not earlier superseded by final regulations shall expire 
not later than one year after the date of enactment of this 
Act.

SEC. 504. NATIONAL BALLAST WATER MANAGEMENT INFORMATION.

  Section 1102 (16 U.S.C. 4712) is amended--
          (1) by adding at the end the following:
  ``(g) Ballast Water Surveys.--
          ``(1) In general.--The Secretary shall conduct the 
        following ballast water surveys:
                  ``(A) A survey of the number of living 
                organisms in untreated ballast water of a 
                representative number of vessels, as determined 
                by the Secretary.
                  ``(B) A survey of the number of living 
                organisms in the ballast water of a 
                representative number of vessels, as determined 
                by the Secretary, that has been exchanged on 
                the high seas.
                  ``(C) Surveys of the number of living 
                organisms in the ballast water of vessels that 
                are participating in a program to test and 
                evaluate promising ballast water treatment, as 
                approved by the Secretary.
          ``(2) Reports.--The Secretary shall submit to the 
        Committee on Transportation and Infrastructure of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate--
                  ``(A) a report on the results of the surveys 
                under subparagraphs (A) and (B) of paragraph 
                (1) by not later than 18 months after the date 
                of enactment of the Ballast Water Treatment Act 
                of 2008; and
                  ``(B) a report on the results of the surveys 
                required under subparagraph (C) of paragraph 
                (1) upon completion of each demonstration 
                concerned.'';
          (2) in subsection (b)(1)(B)(ii), by striking 
        ``guidelines issued and'';
          (3) in subsection (b)(2)(B)(ii), by striking 
        ``voluntary guidelines issued, and regulations 
        promulgated,'' and inserting ``regulations 
        promulgated'';
          (4) in subsection (c)(1), by striking ``section 
        1101(b)'' and inserting ``section 1101(a)''; and
          (5) in subsection (f)(1)(B), by striking ``guidelines 
        issued pursuant to section 1101(c)'' and inserting 
        ``regulations issued pursuant to section 1101''.

SEC. 505. BALLAST WATER MANAGEMENT EVALUATION AND DEMONSTRATION 
                    PROGRAM.

  Section 1104 (16 U.S.C. 4714) is amended--
          (1) by striking the section heading and inserting the 
        following:

``SEC. 1104. BALLAST WATER TREATMENT TECHNOLOGY EVALUATION AND 
                    DEMONSTRATION PROGRAMS.'';

          (2) by striking subsection (a);
          (3) by redesignating subsection (b) as subsection 
        (a);
          (4) by redesignating subsection (c) as subsection 
        (d);
          (5) in subsection (a), as so redesignated--
                  (A) by striking so much as precedes paragraph 
                (2) and inserting the following:
  ``(a) Shipboard Technology Evaluation Program.--
          ``(1) In general.--The Secretary shall establish a 
        Shipboard Technology Evaluation Program to evaluate 
        ballast water treatment technologies aboard vessels to 
        prevent aquatic nuisance species from being introduced 
        into and spread through discharges of ballast water in 
        waters of the United States.''; and
                  (B) in paragraph (2) by striking ``of the 
                technologies and practices used in the 
                demonstration program'' and inserting ``of 
                ballast water treatment technologies used in 
                the program'';
          (6) in subsection (a)(3), as so redesignated, by 
        striking ``technologies and practices'' and all that 
        follows through ``shall--'' and inserting ``ballast 
        water treatment technologies on vessels under this 
        subsection, the Secretary shall--'';
          (7) in subsection (a)(3)(A), as so redesignated, by 
        striking clause (i) and redesignating clauses (ii) and 
        (iii) in order as clauses (i) and (ii);
          (8) by amending subsection (a)(3)(A)(i), as so 
        redesignated, to read as follows:
                          ``(i) have ballast water systems 
                        conducive to testing aboard the vessel; 
                        and'';
          (9) by amending subsection (a)(3)(C), as so 
        redesignated, to read as follows:
                  ``(C) seek to use a variety of vessel 
                types.'';
          (10) by amending subsection (a)(4), as so 
        redesignated, to read as follows:
          ``(4) Selection of ballast water treatment 
        technologies.--In order for a ballast water treatment 
        technology to be eligible to be installed on vessels 
        for evaluation under this section, such technology must 
        be, at a minimum--
                  ``(A) determined by the Secretary to have the 
                demonstrated potential to reduce the number of 
                organisms greater than or equal to 50 microns 
                in minimum dimension in discharged ballast 
                water to fewer than 10 living organisms per 
                cubic meter of water;
                  ``(B) cost-effective;
                  ``(C) environmentally sound;
                  ``(D) operationally practical;
                  ``(E) able to be retrofitted on existing 
                vessels or incorporated in new vessel design 
                (or both);
                  ``(F) safe for a vessel and crew; and
                  ``(G) accessible to monitoring.'';
          (11) in subsection (a), as so redesignated, by adding 
        at the end the following:
          ``(6) Authority of secretary to review and revise 
        criteria.--The Secretary may review and revise the 
        criteria described in paragraph (4)(A) to require 
        ballast water treatment technologies to meet a more 
        stringent ballast water discharge standard, including 
        standards promulgated under section 1101(f), before 
        being eligible for installation aboard vessels under 
        the program.'';
          (12) by inserting after subsection (a), as so 
        redesignated, the following:
  ``(b) Shipboard Technology Demonstration Program.--
          ``(1) In general.--The Under Secretary, with the 
        concurrence of and in cooperation with the Secretary, 
        shall conduct a program to demonstrate ballast water 
        treatment technologies evaluated aboard vessels under 
        subsection (a) to prevent aquatic nuisance species from 
        being introduced into and spread through ballast water 
        in waters of the United States.
          ``(2) Location.--The installation and construction of 
        ballast water treatment technologies used in the 
        demonstration program under this subsection shall be 
        performed in the United States.
          ``(3) Vessel eligibility.--Vessels eligible to 
        participate in the demonstration program under this 
        subsection shall consist only of vessels that have been 
        accepted into and are actively participating in the 
        Shipboard Technology Evaluation Program under 
        subsection (a).
          ``(4) Grants.--
                  ``(A) In general.--The Under Secretary shall 
                establish a grant program to provide funding 
                for acquiring, installing, and operating 
                ballast water treatment technologies aboard 
                vessels participating in the program under this 
                subsection.
                  ``(B) Matching requirements.--The amount of 
                Federal funds used for any demonstration 
                project under this subsection--
                          ``(i) shall not exceed $1,000,000; 
                        and
                          ``(ii) shall not exceed 50 percent of 
                        the total cost of such project.
  ``(c) Alternative Ship Pathway Program.--
          ``(1) In general.--The Under Secretary, with the 
        concurrence of and in cooperation with the Secretary, 
        shall conduct a program to demonstrate and verify 
        technologies and practices to monitor and control the 
        introduction of aquatic invasive species by ship 
        pathways other than the release of ballast water.
          ``(2) Selection of methods.--The Under Secretary may 
        not select technologies and practices for demonstration 
        or verification under paragraph (1) unless such 
        technologies and practices, in the determination of the 
        Under Secretary, in consultation with the Secretary, 
        meet the criteria outlined in subparagraphs (B) through 
        (G) of subsection (a)(4).
          ``(3) Location.--The installation and construction of 
        technologies and practices for demonstration and 
        verification under this subsection shall be performed 
        in the United States.''; and
          (13) in subsection (d), as so redesignated, by 
        striking ``Secretary of the Interior'' each place it 
        appears and inserting ``Secretary, in consultation with 
        the Under Secretary,''.

SEC. 506. RAPID RESPONSE PLAN.

  Subtitle C of title I of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4721 et seq.) is 
amended by adding at the end the following:

``SEC. 1210. RAPID RESPONSE PLAN.

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

SEC. 507. AUTHORIZATION OF APPROPRIATIONS.

  Section 1301(a) of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act of 1990 (16 U.S.C. 4741(a)) is 
amended--
          (1) by striking ``and'' after the semicolon in 
        paragraph (4)(B);
          (2) by striking the period at the end of paragraph 
        (5)(B) and inserting a semicolon; and
          (3) by adding at the end the following:
          ``(6) $20,000,000 for each of fiscal years 2008 
        through 2012 to the Secretary to carry out section 
        1101;
          ``(7) $500,000 to the Secretary for each of fiscal 
        years 2008 through 2013 to carry out section 1102(f);
          ``(8) $6,000,000 to the Under Secretary for each of 
        fiscal years 2008 through 2013 to carry out paragraph 
        (4) of section 1104(b); and
          ``(9) $1,500,000 to the Under Secretary for each of 
        fiscal years 2008 through 2013 to carry out section 
        1104(c).''.

                TITLE VI--MARITIME POLLUTION PREVENTION

SEC. 601. SHORT TITLE.

  This title may be cited as the ``Maritime Pollution 
Prevention Act of 2008''.

SEC. 602. REFERENCES.

  Wherever in this title an amendment or repeal is expressed in 
terms of an amendment to or a repeal of a section or other 
provision, the reference shall be considered to be made to a 
section or other provision of the Act to Prevent Pollution from 
Ships (33 U.S.C. 1901 et seq.).

SEC. 603. DEFINITIONS.

  Section 2(a) (33 U.S.C. 1901(a)) is amended--
          (1) by redesignating the paragraphs (1) through (12) 
        as paragraphs (2) through (13), respectively;
          (2) by inserting before paragraph (2) (as so 
        redesignated) the following:
          ``(1) `Administrator' means the Administrator of the 
        Environmental Protection Agency.'';
          (3) in paragraph (5) (as so redesignated) by striking 
        ``and V'' and inserting ``V, and VI'';
          (4) in paragraph (6) (as so redesignated) by striking 
        ```discharge' and `garbage' and `harmful substance' and 
        `incident''' and inserting ```discharge', `emission', 
        `garbage', `harmful substance', and `incident'''; and
          (5) by redesignating paragraphs (7) through (13) (as 
        redesignated) as paragraphs (8) through (14), 
        respectively, and inserting after paragraph (6) (as 
        redesignated) the following:
          ``(7) `navigable waters' includes the territorial sea 
        of the United States (as defined in Presidential 
        Proclamation 5928 of December 27, 1988) and the 
        internal waters of the United States;''.

SEC. 604. APPLICABILITY.

  Section 3 (33 U.S.C. 1902) is amended--
          (1) in subsection (a)--
                  (A) by striking ``and'' at the end of 
                paragraph (3);
                  (B) by striking the period at the end of 
                paragraph (4) and inserting ``; and''; and
                  (C) by adding at the end the following:
          ``(5) with respect to Annex VI to the Convention, and 
        other than with respect to a ship referred to in 
        paragraph (1)--
                  ``(A) to a ship that is in a port, shipyard, 
                offshore terminal, or the internal waters of 
                the United States;
                  ``(B) to a ship that is bound for, or 
                departing from, a port, shipyard, offshore 
                terminal, or the internal waters of the United 
                States, and is in--
                          ``(i) the navigable waters of the 
                        United States;
                          ``(ii) an emission control area 
                        designated pursuant to section 4; or
                          ``(iii) any other area that the 
                        Administrator, in consultation with the 
                        Secretary and each State in which any 
                        part of the area is located, has 
                        designated by order as being an area 
                        from which emissions from ships are of 
                        concern with respect to protection of 
                        public health, welfare, or the 
                        environment;
                  ``(C) to a ship that is entitled to fly the 
                flag of, or operating under the authority of, a 
                party to Annex VI, and is in--
                          ``(i) the navigable waters of the 
                        United States;
                          ``(ii) an emission control area 
                        designated under section 4; or
                          ``(iii) any other area that the 
                        Administrator, in consultation with the 
                        Secretary and each State in which any 
                        part of the area is located, has 
                        designated by order as being an area 
                        from which emissions from ships are of 
                        concern with respect to protection of 
                        public health, welfare, or the 
                        environment; and
                  ``(D) to the extent consistent with 
                international law, to any other ship that is 
                in--
                          ``(i) the exclusive economic zone of 
                        the United States;
                          ``(ii) the navigable waters of the 
                        United States;
                          ``(iii) an emission control area 
                        designated under section 4; or
                          ``(iv) any other area that the 
                        Administrator, in consultation with the 
                        Secretary and each State in which any 
                        part of the area is located, has 
                        designated by order as being an area 
                        from which emissions from ships are of 
                        concern with respect to protection of 
                        public health, welfare, or the 
                        environment.'';
          (2) in subsection (b)--
                  (A) in paragraph (1) by striking ``paragraph 
                (2)'' and inserting ``paragraphs (2) and (3)''; 
                and
                  (B) by adding at the end the following:
  ``(3) With respect to Annex VI the Administrator, or the 
Secretary, as relevant to their authorities pursuant to this 
Act, may determine that some or all of the requirements under 
this Act shall apply to one or more classes of public vessels, 
except that such a determination by the Administrator shall 
have no effect unless the head of the Department or agency 
under which the vessels operate concurs in the determination. 
This paragraph does not apply during time of war or during a 
declared national emergency.'';
          (3) by redesignating subsections (c) through (g) as 
        subsections (d) through (h), respectively, and 
        inserting after subsection (b) the following:
  ``(c) Application to Other Persons.--This Act shall apply to 
all persons to the extent necessary to ensure compliance with 
Annex VI to the Convention.''; and
          (4) in subsection (e), as redesignated--
                  (A) by inserting ``or the Administrator, 
                consistent with section 4 of this Act,'' after 
                ``Secretary'';
                  (B) by striking ``of section (3)'' and 
                inserting ``of this section''; and
                  (C) by striking ``Protocol, including 
                regulations conforming to and giving effect to 
                the requirements of Annex V'' and inserting 
                ``Protocol (or the applicable Annex), including 
                regulations conforming to and giving effect to 
                the requirements of Annex V and Annex VI''.

SEC. 605. ADMINISTRATION AND ENFORCEMENT.

  Section 4 (33 U.S.C. 1903) is amended--
          (1) by redesignating subsections (b) and (c) as 
        subsections (c) and (d), respectively, and inserting 
        after subsection (a) the following:
  ``(b) Duty of the Administrator.--In addition to other duties 
specified in this Act, the Administrator and the Secretary, 
respectively, shall have the following duties and authorities:
          ``(1) The Administrator shall, and no other person 
        may, issue Engine International Air Pollution 
        Prevention certificates in accordance with Annex VI and 
        the International Maritime Organization's Technical 
        Code on Control of Emissions of Nitrogen Oxides from 
        Marine Diesel Engines, on behalf of the United States 
        for a vessel of the United States as that term is 
        defined in section 116 of title 46, United States Code. 
        The issuance of Engine International Air Pollution 
        Prevention certificates shall be consistent with any 
        applicable requirements of the Clean Air Act or 
        regulations prescribed under that Act.
          ``(2) The Administrator shall have authority to 
        administer regulations 12, 13, 14, 15, 16, 17, 18, and 
        19 of Annex VI to the Convention.
          ``(3) The Administrator shall, only as specified in 
        section 8(f), have authority to enforce Annex VI of the 
        Convention.'';
          (2) in subsection (c), as redesignated, by 
        redesignating paragraph (2) as paragraph (4), and 
        inserting after paragraph (1) the following:
  ``(2) In addition to the authority the Secretary has to 
prescribe regulations under this Act, the Administrator shall 
also prescribe any necessary or desired regulations to carry 
out the provisions of regulations 12, 13, 14, 15, 16, 17, 18, 
and 19 of Annex VI to the Convention.
  ``(3) In prescribing any regulations under this section, the 
Secretary and the Administrator shall consult with each other, 
and with respect to regulation 19, with the Secretary of the 
Interior.''; and
          (3) by adding at the end of subsection (c), as 
        redesignated, the following:
  ``(5) No standard issued by any person or Federal authority, 
with respect to emissions from tank vessels subject to 
regulation 15 of Annex VI to the Convention, shall be effective 
until 6 months after the required notification to the 
International Maritime Organization by the Secretary.''.

SEC. 606. CERTIFICATES.

  Section 5 (33 U.S.C. 1904) is amended--
          (1) in subsection (a) by striking ``The Secretary'' 
        and inserting ``Except as provided in section 4(b)(1), 
        the Secretary'';
          (2) in subsection (b) by striking ``Secretary under 
        the authority of the MARPOL protocol.'' and inserting 
        ``Secretary or the Administrator under the authority of 
        this Act.''; and
          (3) in subsection (e) by striking ``environment.'' 
        and inserting ``environment or the public health and 
        welfare.''.

SEC. 607. RECEPTION FACILITIES.

  Section 6 (33 U.S.C. 1905) is amended--
          (1) in subsection (a) by adding at the end the 
        following:
  ``(3) The Secretary and the Administrator, after consulting 
with appropriate Federal agencies, shall jointly prescribe 
regulations setting criteria for determining the adequacy of 
reception facilities for receiving ozone depleting substances, 
equipment containing such substances, and exhaust gas cleaning 
residues at a port or terminal, and stating any additional 
measures and requirements as are appropriate to ensure such 
adequacy. Persons in charge of ports and terminals shall 
provide reception facilities, or ensure that reception 
facilities are available, in accordance with those regulations. 
The Secretary and the Administrator may jointly prescribe 
regulations to certify, and may issue certificates to the 
effect, that a port's or terminal's facilities for receiving 
ozone depleting substances, equipment containing such 
substances, and exhaust gas cleaning residues from ships are 
adequate.'';
          (2) in subsection (b) by inserting ``or the 
        Administrator'' after ``Secretary'';
          (3) in subsection (e) by striking paragraph (2) and 
        inserting the following:
  ``(2) The Secretary may deny the entry of a ship to a port or 
terminal required by the MARPOL Protocol, this Act, or 
regulations prescribed under this section relating to the 
provision of adequate reception facilities for garbage, ozone 
depleting substances, equipment containing those substances, or 
exhaust gas cleaning residues, if the port or terminal is not 
in compliance with the MARPOL Protocol, this Act, or those 
regulations.'';
          (4) in subsection (f)(1) by striking ``Secretary is'' 
        and inserting ``Secretary and the Administrator are''; 
        and
          (5) in subsection (f)(2) by striking ``(A)''.

SEC. 608. INSPECTIONS.

  Section 8(f) (33 U.S.C. 1907(f)) is amended to read as 
follows:
  ``(f)(1) The Secretary may inspect a ship to which this Act 
applies as provided under section 3(a)(5), to verify whether 
the ship is in compliance with Annex VI to the Convention and 
this Act.
  ``(2) If an inspection under this subsection or any other 
information indicates that a violation has occurred, the 
Secretary, or the Administrator in a matter referred by the 
Secretary, may undertake enforcement action under this section.
  ``(3) Notwithstanding subsection (b) and paragraph (2) of 
this subsection, the Administrator shall have all of the 
authorities of the Secretary, as specified in subsection (b) of 
this section, for the purposes of enforcing regulations 17 and 
18 of Annex VI to the Convention to the extent that shoreside 
violations are the subject of the action and in any other 
matter referred to the Administrator by the Secretary.''.

SEC. 609. AMENDMENTS TO THE PROTOCOL.

  Section 10(b) (33 U.S.C. 1909(b)) is amended by inserting 
``or the Administrator as provided for in this Act,'' after 
``Secretary,''.

SEC. 610. PENALTIES.

  Section 9 (33 U.S.C. 1908) is amended--
          (1) by striking ``Protocol,,'' each place it appears 
        and inserting ``Protocol,'';
          (2) in subsection (b)--
                  (A) by inserting ``, or the Administrator as 
                provided for in this Act'' after ``Secretary'' 
                the first place it appears;
                  (B) in paragraph (2), by inserting ``, or the 
                Administrator as provided for in this Act,'' 
                after ``Secretary''; and
                  (C) in the matter after paragraph (2)--
                          (i) by inserting ``, or the 
                        Administrator as provided for in this 
                        Act'' after ``Secretary'' the first 
                        place it appears; and
                          (ii) by inserting ``, or the 
                        Administrator as provided for in this 
                        Act,'' after ``Secretary'' the second 
                        and third places it appears;
          (3) in subsection (c), by inserting ``, or the 
        Administrator as provided for in this Act,'' after 
        ``Secretary'' each place it appears; and
          (4) in subsection (f), by inserting ``, or the 
        Administrator as provided for in this Act'' after 
        ``Secretary'' the first place appears.

SEC. 611. EFFECT ON OTHER LAWS.

  Section 15 (33 U.S.C. 1911) is amended to read as follows:

``SEC. 15. EFFECT ON OTHER LAWS.

  ``Authorities, requirements, and remedies of this Act 
supplement and neither amend nor repeal any other authorities, 
requirements, or remedies conferred by any other provision of 
law. Nothing in this Act shall limit, deny, amend, modify, or 
repeal any other authority, requirement, or remedy available to 
the United States or any other person, except as expressly 
provided in this Act.''.

                        TITLE VII--PORT SECURITY

SEC. 701. MARITIME HOMELAND SECURITY PUBLIC AWARENESS PROGRAM.

  The Secretary of Homeland Security shall establish a program 
to help prevent acts of terrorism and other activities that 
jeopardize maritime homeland security, by seeking the 
cooperation of the commercial and recreational boating 
industries and the public to improve awareness of activity in 
the maritime domain and report suspicious or unusual activity.

SEC. 702. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL.

  (a) Assessment of TWIC Program Implementation.--
          (1) In general.--Not later than 120 days after 
        implementing the Transportation Worker Identification 
        Credential program (in this section referred to as 
        ``TWIC'') at the ten ports designated top priority by 
        the Secretary of Homeland Security, as required by 
        section 70105(i)(2)(A) of title 46, United States Code, 
        the Secretary shall submit to the Committee on Homeland 
        Security of the House of Representatives, the Committee 
        on Commerce, Science, and Transportation of the Senate, 
        and the Committee on Homeland Security and Governmental 
        Affairs of the Senate and to the Comptroller General of 
        the United States a report containing an assessment of 
        the progress of the program's implementation. The 
        report shall include--
                  (A) the number of workers enrolled in the 
                program to date and the extent to which key 
                metrics and contract requirements have been 
                met; and
                  (B) an overview of the challenges encountered 
                during implementation of the enrollment 
                process, and plans for how these challenges 
                will be addressed as the program is implemented 
                at additional ports.
          (2) GAO assessment.--The Comptroller General shall 
        review the report and submit to the Committee on 
        Homeland Security of the House of Representatives, the 
        Committee on Commerce, Science, and Transportation of 
        the Senate, and the Committee on Homeland Security and 
        Governmental Affairs of the Senate an assessment of the 
        report's findings and recommendations.
  (b) Assessment of TWIC Pilot.--
          (1) In general.--Not later than 120 days after 
        completing the pilot program under section 70105(k)(1) 
        of title 46, United States Code, to test TWIC access 
        control technologies at port facilities and vessels 
        nationwide, the Secretary of Homeland Security shall 
        submit to the Committee on Homeland Security of the 
        House of Representatives, the Committee on Commerce, 
        Science, and Transportation of the Senate, and the 
        Committee on Homeland Security and Governmental Affairs 
        of the Senate and to the Comptroller General a report 
        containing an assessment of the results of the pilot. 
        The report shall include--
                  (A) the findings of the pilot program with 
                respect to key technical and operational 
                aspects of implementing TWIC technologies in 
                the maritime sector;
                  (B) a comprehensive listing of the extent to 
                which established metrics were achieved during 
                the pilot program; and
                  (C) an analysis of the viability of those 
                technologies for use in the maritime 
                environment, including any challenges to 
                implementing those technologies and strategies 
                for mitigating identified challenges.
          (2) GAO assessment.--The Comptroller General shall 
        review the report and submit to the Committee on 
        Homeland Security of the House of Representatives, the 
        Committee on Commerce, Science, and Transportation of 
        the Senate, and the Committee on Homeland Security and 
        Governmental Affairs of the Senate an assessment of the 
        report's findings and recommendations.

SEC. 703. STUDY TO IDENTIFY REDUNDANT BACKGROUND RECORDS CHECKS.

  (a) Study.--The Comptroller General of the United States 
shall conduct a study comparing those background records checks 
required under section 70105 of title 46, United States Code, 
and those conducted by States for similar homeland security 
purposes.
  (b) Report.--Not later than 6 months after the date of 
enactment of this Act, the Comptroller General of the United 
States shall submit a report to the Committee on Homeland 
Security of the House of Representatives, the Committee on 
Transportation and Infrastructure of the House of 
Representatives, the Committee on Commerce, Science, and 
Transportation of the Senate, and the Committee on Homeland 
Security and Governmental Affairs of the Senate on the results 
of the study, including--
          (1) an identification of redundancies and 
        inefficiencies in connection with such checks referred 
        to in subsection (a); and
          (2) recommendations for eliminating such redundancies 
        and inefficiencies.

SEC. 704. REVIEW OF INTERAGENCY OPERATIONAL CENTERS.

  (a) In General.--Within 180 days of enactment of this Act, 
the Department of Homeland Security Inspector General shall 
provide a report to the Committee on Homeland Security of the 
House of Representatives and the Committees on Homeland 
Security and Governmental Affairs and Commerce, Science, and 
Transportation of the Senate concerning the establishment of 
Interagency Operational Centers for Port Security required by 
section 108 of the SAFE Port Act (Public Law 109-347).
  (b) Report.--The report shall include--
          (1) an examination of the Department's efforts to 
        establish the Interagency Operational Centers;
          (2) a timeline for construction;
          (3) a detailed breakdown, by center, as to the 
        incorporation of those representatives required by 
        section 70107A(b)(3) of title 46, United States Code;
          (4) an analysis of the hurdles faced by the 
        Department in developing these centers;
          (5) information on the number of security clearances 
        attained by State, local, and tribal officials 
        participating in the program; and
          (6) an examination of the relationship between the 
        Interagency Operational Centers and State, local and 
        regional fusion centers participating in the Department 
        of Homeland Security's State, Local, and Regional 
        Fusion Center Initiative under section 511 of the 
        Implementing the Recommendations of the 9/11 Commission 
        Act of 2007 (Public Law 110-53), with a particular 
        emphasis on--
                  (A) how the centers collaborate and 
                coordinate their efforts; and
                  (B) the resources allocated by the Coast 
                Guard to both initiatives.

SEC. 705. MARITIME SECURITY RESPONSE TEAMS.

  (a) In General.--Section 70106 of title 46, United States 
Code, is amended by striking subsection (c) and inserting the 
following:
  ``(c) Maritime Security Response Teams.--
          ``(1) In general.--In addition to the maritime safety 
        and security teams, the Secretary shall establish no 
        less than two maritime security response teams to act 
        as the Coast Guard's rapidly deployable 
        counterterrorism and law enforcement response units 
        that can apply advanced interdiction skills in response 
        to threats of maritime terrorism.
          ``(2) Minimization of response time.--The maritime 
        security response teams shall be stationed in such a 
        way to minimize, to the extent practicable, the 
        response time to any reported maritime terrorist 
        threat.
  ``(d) Coordination With Other Agencies.--To the maximum 
extent feasible, each maritime safety and security team and 
maritime security response team shall coordinate its activities 
with other Federal, State, and local law enforcement and 
emergency response agencies.''.

SEC. 706. COAST GUARD DETECTION CANINE TEAM PROGRAM EXPANSION.

  (a) Definitions.--For purposes of this section:
          (1) Canine detection team.--The term ``detection 
        canine team'' means a canine and a canine handler that 
        are trained to detect narcotics or explosives, or other 
        threats as defined by the Secretary.
          (2) Secretary.--The term ``Secretary'' means the 
        Secretary of Homeland Security.
  (b) Detection Canine Teams.--
          (1) Increased capacity.--Not later than 240 days 
        after the date of enactment of this Act, the Secretary 
        shall--
                  (A) begin to increase the number of detection 
                canine teams certified by the Coast Guard for 
                the purposes of maritime-related security by no 
                fewer than 10 canine teams annually through 
                fiscal year 2012; and
                  (B) encourage owners and operators of port 
                facilities, passenger cruise liners, oceangoing 
                cargo vessels, and other vessels identified by 
                the Secretary to strengthen security through 
                the use of highly trained detection canine 
                teams.
          (2) Canine procurement.--The Secretary, acting 
        through the Commandant of the Coast Guard, shall--
                  (A) procure detection canine teams as 
                efficiently as possible, including, to the 
                greatest extent possible, through increased 
                domestic breeding, while meeting the 
                performance needs and criteria established by 
                the Commandant;
                  (B) support expansion and upgrading of 
                existing canine training facilities operated by 
                the department in which the Coast Guard is 
                operating; and
                  (C) as appropriate, partner with other 
                Federal, State, or local agencies, nonprofit 
                organizations, universities, or the private 
                sector to increase the breeding and training 
                capacity for Coast Guard canine detection 
                teams.
  (c) Deployment.--The Secretary shall prioritize deployment of 
the additional canine teams to ports based on risk, consistent 
with the Security and Accountability For Every Port Act of 2006 
(Public Law 109-347).
  (d) Authorization.--There are authorized to be appropriated 
to the Secretary such sums as may be necessary to carry out 
this section for fiscal years 2008 through 2012.

SEC. 707. COAST GUARD PORT ASSISTANCE PROGRAM.

   Section 70110 of title 46, United States Code, is amended by 
adding at the end the following:
  ``(f) Coast Guard Assistance Program.--
          ``(1) In general.--The Secretary may lend, lease, 
        donate, or otherwise provide equipment, and provide 
        technical training and support, to the owner or 
        operator of a foreign port or facility--
                  ``(A) to assist in bringing the port or 
                facility into compliance with applicable 
                International Ship and Port Facility Code 
                standards;
                  ``(B) to assist the port or facility in 
                meeting standards established under section 
                70109A of this chapter; and
                  ``(C) to assist the port or facility in 
                exceeding the standards described in 
                subparagraphs (A) and (B).
          ``(2) Conditions.--The Secretary--
                  ``(A) shall provide such assistance based 
                upon an assessment of the risks to the security 
                of the United States and the inability of the 
                owner or operator of the port or facility 
                otherwise to bring the port or facility into 
                compliance with those standards and to maintain 
                compliance with them;
                  ``(B) may not provide such assistance unless 
                the port or facility has been subjected to a 
                comprehensive port security assessment by the 
                Coast Guard or a third party entity certified 
                by the Secretary under section 70110A(b) to 
                validate foreign port or facility compliance 
                with International Ship and Port Facility Code 
                standards; and
                  ``(C) may only lend, lease, or otherwise 
                provide equipment that the Secretary has first 
                determined is not required by the Coast Guard 
                for the performance of its missions.''.

SEC. 708. MARITIME BIOMETRIC IDENTIFICATION.

  (a) In General.--The Secretary of Homeland Security, acting 
through the Commandant of the Coast Guard, may conduct, in the 
maritime environment, a pilot program for the mobile biometric 
identification of suspected individuals, including terrorists, 
to enhance border security and for other purposes.
  (b) Requirements.--The Secretary shall ensure that the pilot 
program is coordinated with other biometric identification 
programs within the Department of Homeland Security and shall 
evaluate the costs and feasibility of expanding the capability 
to all Coast Guard cutters, stations and deployable maritime 
teams, and other appropriate Department of Homeland Security 
maritime vessels and units.
  (c) Definition.--For purposes of this section, the term 
``biometric identification'' means use of fingerprint and 
digital photography images.
  (d) Authorization of Appropriations.--There are authorized 
such sums as appropriate to carry out this section.

SEC. 709. REVIEW OF POTENTIAL THREATS.

   Not later than 1 year after the date of enactment of this 
Act, the Secretary of Homeland Security shall submit to the 
Committee on Homeland Security of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of 
the Senate a report analyzing the threat, vulnerability, and 
consequence of a terrorist attack on gasoline and chemical 
cargo shipments in port activity areas in the United States.

SEC. 710. PORT SECURITY PILOT.

   The Secretary of Homeland Security shall establish a pilot 
program to test and deploy preventive radiological or nuclear 
detection equipment on Coast Guard vessels and other locations 
in select port regions to enhance border security and for other 
purposes. The pilot program shall leverage existing Federal 
grant funding to support this program and the procurement of 
additional equipment.

SEC. 711. ADVANCE NOTICE OF PORT ARRIVAL OF SIGNIFICANT OR FATAL 
                    INCIDENTS INVOLVING U.S. PERSONS.

  (a) Requirement.--The Secretary of Homeland Security shall 
require the owner or operator of a cruise ship that embarks or 
disembarks passengers in a United States port to notify the 
Secretary of any covered security incident that occurs on the 
cruise ship in the course of the voyage (or voyage segment) in 
which a U.S. person is involved, in conjunction with any 
advance notice of arrival to a United States port required by 
part 160 of title 33, Code of Federal Regulations.
  (b) Definitions.--For the purposes of this section:
          (1) Covered security incident.--The term ``covered 
        security incident'' means any criminal act or omission 
        that results in death or bodily injury, all sexual 
        assaults and missing persons, or any other incident 
        that poses a significant threat to the cruise ship, any 
        cruise ship passenger, any port facility, or any person 
        in or near the port.
          (2) Cruise ship.--The term ``cruise ship'' means a 
        vessel on an international voyage that embarks or 
        disembarks passengers at a port of United States 
        jurisdiction to which subpart C of part 160 of title 
        33, Code of Federal Regulations, applies and that 
        provides overnight accommodations.
          (3) U.S. person.--The term ``U.S. person'' means a 
        citizen of the United States and an alien lawfully 
        admitted for permanent residence (as defined in section 
        101(a)(20) of the Immigration and Nationality Act (8 
        U.S.C. 1101 (a)(20)).
          (4) United states.--The term ``United States'' means 
        the 50 States, the District of Columbia, Puerto Rico, 
        the Northern Mariana Islands, the United States Virgin 
        Islands, Guam, American Samoa, and any other territory 
        or possession of the United States.
  (c) Savings Clause.--Nothing in this section shall be 
interpreted to discourage immediate notification to the 
Secretary of a covered security incident, nor shall this 
section prohibit earlier notifications of covered security 
incidents otherwise required by law or regulation.

SEC. 712. SAFETY AND SECURITY ASSISTANCE FOR FOREIGN PORTS.

  (a) In General.--Section 70110(e)(1) of title 46, United 
States Code, is amended by striking the second sentence and 
inserting the following: ``The Secretary shall establish a 
strategic plan to utilize those assistance programs to assist 
ports and facilities that are found by the Secretary under 
subsection (a) not to maintain effective antiterrorism measures 
in the implementation of port security antiterrorism 
measures.''.
  (b) Conforming Amendments.--
          (1) Section 70110 of title 46, United States Code, is 
        amended--
                  (A) by inserting ``OR FACILITIES'' after 
                ``PORTS'' in the section heading;
                  (B) by inserting ``or facility'' after 
                ``port'' each place it appears; and
                  (C) by striking ``Ports'' in the heading for 
                subsection (e) and inserting ``Ports, 
                Facilities,''.
          (2) The chapter analysis for chapter 701 of title 46, 
        United States Code, is amended by striking the item 
        relating to section 70110 and inserting the following:

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

SEC. 713. SEASONAL WORKERS.

  (a) Study.--The Comptroller General of the United States 
shall conduct a study on the effects that the Transportation 
Worker Identification Card (in this section referred to as 
``TWIC'') required by section 70105 of title 46, United States 
Code, has on companies that employ seasonal employees.
  (b) Report.--Not later than one year after the date of 
enactment of this Act, the Comptroller General shall submit a 
report to the Committee on Transportation and Infrastructure 
and the Committee on Homeland Security of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate on the results of the study, 
including--
          (1) costs associated in requiring seasonal employees 
        to obtain TWIC cards on companies
          (2) whether the Coast Guard and Transportation 
        Security Administration are processing TWIC 
        applications quickly enough for seasonal workers to 
        obtain TWIC certification;
          (3) whether TWIC compliance costs or other factors 
        have led to a reduction in service;
          (3) the impact of TWIC on the recruiting and hiring 
        of seasonal and other temporary employees; and
          (4) an assessment of possible alternatives to TWIC 
        certification that may be used for seasonal employees 
        including any security vulnerabilities created by those 
        alternatives.

SEC. 714. COMPARATIVE RISK ASSESSMENT OF VESSEL-BASED AND FACILITY-
                    BASED LIQUEFIED NATURAL GAS REGASIFICATION 
                    PROCESSES.

  (a) In General.--Within 90 days after the date of enactment 
of this Act, the Secretary of Homeland Security, acting through 
the Commandant of the Coast Guard, shall enter into an 
arrangement for the performance of an independent study to 
conduct a comparative risk assessment examining the relative 
safety and security risk associated with vessel-based and 
facility-based liquefied natural gas regasification processes 
conducted within 3 miles from land versus such processes 
conducted more than 3 miles from land.
  (b) Report.--Not later than 1 year after the date of 
enactment of this Act, the Secretary Homeland Security, acting 
through the Commandant, shall provide a report on the findings 
and conclusions of the study required by this section to the 
Committees on Homeland Security, Transportation and 
Infrastructure, and Energy and Commerce of the House of 
Representatives, and the Committees on Homeland Security and 
Governmental Affairs and Commerce, Science, and Transportation 
of the Senate.

SEC. 715. PILOT PROGRAM FOR FINGERPRINTING OF MARITIME WORKERS.

  (a) In General.--Within 180 days after the date of enactment 
of this Act, the Secretary of Homeland Security shall establish 
procedures providing for an individual who is required to be 
fingerprinted for purposes of obtaining a transportation 
security card under section 70105 of title 46, United States 
Code, to be fingerprinted at any facility operated by or under 
contract with an agency of the Department of Homeland Security 
that fingerprints the public for the Department.
  (b) Expiration.--This section expires on December 31, 2012.

SEC. 716. TRANSPORTATION SECURITY CARDS ON VESSELS.

  Section 70105(b)(2) of title 46, United States Code, is 
amended--
          (1) in subparagraph (B), by inserting after ``title'' 
        the following: ``allowed unescorted access to a secure 
        area designated in a vessel security plan approved 
        under section 70103 of this title''; and
          (2) in subparagraph (D), by inserting after ``tank 
        vessel'' the following: ``allowed unescorted access to 
        a secure area designated in a vessel security plan 
        approved under section 70103 of this title''.

SEC. 717. INTERNATIONAL LABOR STUDY.

  The Comptroller General of the United States shall conduct a 
study of methods to conduct a background security investigation 
of an individual who possesses a biometric identification card 
that complies with International Labor Convention number 185 
that are equivalent to the investigation conducted on 
individuals applying for a visa to enter the United States. The 
Comptroller General shall submit a report on the study within 
180 days after the date of enactment of this Act to the 
Committee on Transportation and Infrastructure and the 
Committee on Homeland Security of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of 
the Senate.

SEC. 718. MARITIME SECURITY ADVISORY COMMITTEES.

   Section 70112 of title 46, United States Code, is amended--
          (1) by amending subsection (b)(5) to read as follows:
  ``(5)(A) The National Maritime Security Advisory Committee 
shall be composed of--
          ``(i) at least 1 individual who represents the 
        interests of the port authorities;
          ``(ii) at least 1 individual who represents the 
        interests of the facilities owners or operators;
          ``(iii) at least 1 individual who represents the 
        interests of the terminal owners or operators;
          ``(iv) at least 1 individual who represents the 
        interests of the vessel owners or operators;
          ``(v) at least 1 individual who represents the 
        interests of the maritime labor organizations;
          ``(vi) at least 1 individual who represents the 
        interests of the academic community;
          ``(vii) at least 1 individual who represents the 
        interests of State or local governments; and
          ``(viii) at least 1 individual who represents the 
        interests of the maritime industry.
          ``(B) Each Area Maritime Security Advisory Committee 
        shall be composed of individuals who represents the 
        interests of the port industry, terminal operators, 
        port labor organizations, and other users of the port 
        areas.''; and
          (2) in subsection (g)--
                  (A) in paragraph (1)(A), by striking 
                ``2008;'' and inserting ``2010;'';
                  (B) by repealing paragraph (2);
                  (C) by striking ``(1)''; and
                  (D) by redesignating subparagraphs (A) and 
                (B) as paragraphs (1) and (2).

SEC. 719. SEAMEN'S SHORESIDE ACCESS.

  Each facility security plan approved under section 70103(c) 
of title 46, United States Code, shall provide a system for 
seamen assigned to a vessel at that facility, pilots, and 
representatives of seamen's welfare and labor organizations to 
board and depart the vessel through the facility in a timely 
manner at no cost to the individual.

SEC. 720. WATERSIDE SECURITY AROUND LIQUEFIED NATURAL GAS TERMINALS AND 
                    LIQUEFIED NATURAL GAS TANKERS.

  (a) Enforcement of Security Zones.--Consistent with other 
provisions of law, any security zone established by the Coast 
Guard around a tanker containing liquified natural gas shall be 
enforced by the Coast Guard. If the Coast Guard must enforce 
multiple simultaneous security zones, the Coast Guard shall 
allocate resources so as to deter to the maximum extent 
practicable a transportation security incident (as that term is 
defined in sectin 70101 of title 46, United States Code).
  (b) Limitation on Reliance on State and Local Government.--
Any security arrangement approved as part of a facility 
security plan approved after the date of enactment of this Act 
under section 70103 of title 46, United States Code, for a 
liquefied natural gas terminal on or adjacent to the navigable 
waters of the United States, or to assist in the enforcement of 
any security zone established by the Coast Guard around a 
tanker containing liquefied natural gas, may not be based upon 
the provision of security by a State or local government unless 
the State or local government has entered into a contract, 
cooperative agreement, or other arrangement with the terminal 
operator to provide such services and the Secretary of the 
department in which the Coast Guard is operating, acting 
through the Commandant of the Coast Guard, ensures that the 
waterborne patrols operated as part of that security 
arrangement by a State or local government have the training, 
resources, personnel, equipment, and experience necessary to 
deter to the maximum extent practicable a transportation 
security incident (as that term is defined in section 70101 of 
title 46, United States Code).
  (c) Determination Required for New Lng Terminals.--The 
Secretary of the department in which the Coast Guard is 
operating, acting through the Commandant of the Coast Guard, 
may not approve a facility security plan under section 70103 of 
title 46, United States Code, for a new liquefied natural gas 
terminal the construction of which is begun after the date of 
enactment of this Act unless the Secretary determines that the 
Coast Guard has available to the sector in which the terminal 
is located the resources it needs to carry out the navigation 
and maritime security risk management measures identified in 
the waterway suitability report prepared pursuant to the Ports 
and Waterways Safety Act.

          TITLE VIII--COAST GUARD INTEGRATED DEEPWATER PROGRAM

SEC. 801. SHORT TITLE.

   This title may be cited as the ``Integrated Deepwater 
Program Reform Act''.

SEC. 802. IMPLEMENTATION OF COAST GUARD INTEGRATED DEEPWATER 
                    ACQUISITION PROGRAM.

  (a) Use of Private Sector Entity as a Lead Systems 
Integrator.--
          (1) In general.--Except as otherwise provided in this 
        subsection, the Secretary may not use a private sector 
        entity as a lead systems integrator for procurements 
        under, or in support of, the Deepwater Program 
        beginning on the earlier of October 1, 2011, or the 
        date on which the Secretary certifies in writing to the 
        Committee on Transportation and Infrastructure and the 
        Committee on Homeland Security of the House of 
        Representatives and the Committee on Commerce, Science, 
        and Transportation of the Senate that the Coast Guard 
        has available and can retain sufficient contracting 
        personnel and expertise within the Coast Guard, through 
        an arrangement with other Federal agencies, or through 
        contracts or other arrangements with private sector 
        entities, to perform the functions and responsibilities 
        of the lead system integrator in an efficient and cost-
        effective manner.
          (2) Completion of existing delivery orders and task 
        orders.--The Secretary may use a private sector entity 
        as a lead systems integrator to complete any delivery 
        order or task order under the Deepwater Program that 
        was issued to the lead systems integrator on or before 
        the date of enactment of this Act.
          (3) Assistance of other federal agencies.--In any 
        case in which the Secretary is the systems integrator 
        under the Deepwater Program, the Secretary may obtain 
        any type of assistance the Secretary considers 
        appropriate, with any systems integration functions, 
        from any Federal agency with experience in systems 
        integration involving maritime vessels and aircraft.
          (4) Assistance of private sector entities.--In any 
        case in which the Secretary is the systems integrator 
        under the Deepwater Program, the Secretary may, subject 
        to the availability of appropriations, obtain by grant, 
        contract, or cooperative agreement any type of 
        assistance the Secretary considers appropriate, with 
        any systems integration functions, from any private 
        sector entity with experience in systems integration 
        involving maritime vessels and aircraft.
  (b) Competition.--
          (1) In general.--Except as otherwise provided in this 
        subsection, the Secretary shall use full and open 
        competition for each class of asset acquisitions under 
        the Deepwater Program for which an outside contractor 
        is used, if the asset is procured directly by the Coast 
        Guard or by the Integrated Coast Guard System acting 
        under a contract with the Coast Guard.
          (2) Exception.--The Secretary may use a procurement 
        method that is less than full and open competition to 
        procure an asset under the Deepwater Program, if--
                  (A) the Secretary determines that such method 
                is in the best interests of the Federal 
                Government; and
                  (B) by not later than 30 days before the date 
                of the award of a contract for the procurement, 
                the Secretary submits to the Committee on 
                Transportation and Infrastructure and the 
                Committee on Homeland Security of the House of 
                Representatives and the Committee on Commerce, 
                Science, and Transportation of the Senate a 
                report explaining why such procurement is in 
                the best interests of the Federal Government.
          (3) Limitation on application.--Paragraph (1) shall 
        not apply to a contract, subcontract, or task order 
        that was issued before the date of enactment of this 
        Act, if there is no change in the quantity of assets or 
        the specific type of assets procured.
  (c) Required Contract Terms.--The Secretary shall include in 
each contract, subcontract, and task order issued under the 
Deepwater Program after the date of enactment of this Act the 
following provisions, as applicable:
          (1) Technical reviews.--A requirement that the 
        Secretary shall conduct a technical review of all 
        proposed designs, design changes, and engineering 
        changes, and a requirement that the contractor must 
        specifically address all engineering concerns 
        identified in the technical reviews, before any funds 
        may be obligated.
          (2) Responsibility for technical requirements.--A 
        requirement that the Secretary shall maintain the 
        authority to establish, approve, and maintain technical 
        requirements.
          (3) Cost estimate of major changes.--A requirement 
        that an independent cost estimate must be prepared and 
        approved by the Secretary before the execution of any 
        change order costing more than 5 percent of the unit 
        cost approved in the Deepwater Program baseline in 
        effect as of May 2007.
          (4) Performance measurement.--A requirement that any 
        measurement of contractor and subcontractor performance 
        must be based on the status of all work performed, 
        including the extent to which the work performed met 
        all cost, schedule, and mission performance 
        requirements outlined in the Deepwater Program 
        contract.
          (5) Early operational assessment.--For the 
        acquisition of any cutter class for which an Early 
        Operational Assessment has not been developed--
                  (A) a requirement that the Secretary of the 
                Department in which the Coast Guard is 
                operating shall cause an Early Operational 
                Assessment to be conducted by the Department of 
                the Navy after the development of the 
                preliminary design of the cutter and before the 
                conduct of the critical design review of the 
                cutter; and
                  (B) a requirement that the Coast Guard shall 
                develop a plan to address the findings 
                presented in the Early Operational Assessment.
          (6) Transient electromagnetic pulse emanation.--For 
        the acquisition or upgrade of air, surface, or shore 
        assets for which compliance with transient 
        electromagnetic pulse emanation (TEMPEST) is a 
        requirement, a provision specifying that the standard 
        for determining such compliance shall be the air, 
        surface, or shore asset standard then used by the 
        Department of the Navy.
          (7) Offshore patrol cutter underway requirement.--For 
        any contract issued to acquire an Offshore Patrol 
        Cutter, provisions specifying the service life, fatigue 
        life, days underway in general Atlantic and North 
        Pacific Sea conditions, maximum range, and maximum 
        speed the cutter shall be built to achieve.
          (8) Inspector general access.--A requirement that the 
        Department of Homeland Security's Office of the 
        Inspector General shall have access to all records 
        maintained by all contractors working on the Deepwater 
        Program, and shall have the right to privately 
        interview any contractor personnel.
  (d) Life Cycle Cost Estimate.--
          (1) In general.--The Secretary shall develop an 
        authoritative life cycle cost estimate for the 
        Deepwater Program.
          (2) Contents.--The life cycle cost estimate shall 
        include asset acquisition and logistics support 
        decisions and planned operational tempo and locations 
        as of the date of enactment of this Act.
          (3) Submittal.--The Secretary shall--
                  (A) submit the life cycle cost estimate to 
                the Committee on Transportation and 
                Infrastructure and the Committee on Homeland 
                Security of the House of Representatives and 
                the Committee on Commerce, Science, and 
                Transportation of the Senate within 4 months 
                after the date of enactment of this Act; and
                  (B) submit updates of the life cycle cost 
                estimate to such Committees annually.
  (e) Contract Officers.--The Secretary shall assign a separate 
contract officer for each class of cutter and aircraft acquired 
or rehabilitated under the Deepwater Program, including the 
National Security Cutter, the Offshore Patrol Cutter, the Fast 
Response Cutter A, the Fast Response Cutter B, maritime patrol 
aircraft, the aircraft HC-130J, the helicopter HH-65, the 
helicopter HH-60, and the vertical unmanned aerial vehicle.
  (f) Technology Risk Report.--The Secretary shall submit to 
the Committee on Transportation and Infrastructure and the 
Committee on Homeland Security of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of 
the Senate a report identifying the technology risks and level 
of maturity for major technologies used on each class of asset 
acquisitions under the Deepwater Program, including the Fast 
Response Cutter A (FRC-A), the Fast Response Cutter B (FRC-B), 
the Offshore Patrol Cutter (OPC), and the Vertical Unmanned 
Aerial Vehicle (VUAV), not later than 90 days before the date 
of award of a contract for such an acquisition.
  (g) Submission of Assessment Results and Plans to Congress.--
The Commandant of the Coast Guard shall submit to the Committee 
on Transportation and Infrastructure and the Committee on 
Homeland Security of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate--
          (1) the results of each Early Operational Assessment 
        conducted pursuant to subsection (c)(5)(A) and the plan 
        approved by the Commandant pursuant to subsection 
        (c)(5)(B) for addressing the findings of such 
        assessment, within 30 days after the Commandant 
        approves the plan; and
          (2) a report describing how the recommendations of 
        each Early Operational Assessment conducted pursuant to 
        subsection (c)(5)(A) on the first in class of a new 
        cutter class have been addressed in the design on which 
        construction is to begin, within 30 days before 
        initiation of construction.

SEC. 803. CHIEF ACQUISITION OFFICER.

  (a) In General.--Chapter 3 of title 14, United States Code, 
is further amended by adding at the end the following:

``Sec. 56. Chief Acquisition Officer

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

``56. Chief Acquisition Officer.''.

  (c) Special Rate Supplements.--
          (1) Requirement to establish.--Not later than 1 year 
        after the date of enactment of this Act and in 
        accordance with part 9701.333 of title 5, Code of 
        Federal Regulations, the Commandant of the Coast Guard 
        shall establish special rate supplements that provide 
        higher pay levels for employees necessary to carry out 
        the amendment made by this section.
          (2) Subject to appropriations.--The requirement under 
        paragraph (1) is subject to the availability of 
        appropriations.

SEC. 804. TESTING AND CERTIFICATION.

  (a) In General.--The Secretary shall--
          (1) cause each cutter, other than a National Security 
        Cutter, acquired by the Coast Guard and delivered after 
        the date of enactment of this Act to be classed by the 
        American Bureau of Shipping, before acceptance of 
        delivery;
          (2) cause the design and construction of each 
        National Security Cutter, other than National Security 
        Cutter 1 and 2, to be certified by an independent third 
        party with expertise in vessel design and construction 
        certification to be able to meet a 185-underway-day 
        requirement under general Atlantic and North Pacific 
        sea conditions for a period of at least 30 years;
          (3) cause all electronics on all aircraft, surface, 
        and shore assets that require TEMPEST certification and 
        that are delivered after the date of enactment of this 
        Act to be tested and certified in accordance with 
        TEMPEST standards and communications security (COMSEC) 
        standards by an independent third party that is 
        authorized by the Federal Government to perform such 
        testing and certification; and
          (4) cause all aircraft and aircraft engines acquired 
        by the Coast Guard and delivered after the date of 
        enactment of this Act to be certified for airworthiness 
        by an independent third party with expertise in 
        aircraft and aircraft engine certification, before 
        acceptance of delivery.
  (b) First in Class of a Major Asset Acquisition.--The 
Secretary shall cause the first in class of a major asset 
acquisition of a cutter or an aircraft to be subjected to an 
assessment of operational capability conducted by the Secretary 
of the Navy.
  (c) Final Arbiter.--The Secretary shall be the final arbiter 
of all technical disputes regarding designs and acquisitions of 
vessels and aircraft for the Coast Guard.

SEC. 805. NATIONAL SECURITY CUTTERS.

  (a) National Security Cutters 1 and 2.--
          (1) Report on options under consideration.--The 
        Secretary shall submit to the Committee on 
        Transportation and Infrastructure and the Committee on 
        Homeland Security of the House of Representatives and 
        the Committee on Commerce, Science, and Transportation 
        of the Senate--
                  (A) within 120 days after the date of 
                enactment of this Act, a report describing in 
                detail the cost increases that have been 
                experienced on National Security Cutters 1 and 
                2 since the date of the issuance of the task 
                orders for construction of those cutters and 
                explaining the causes of these cost increases; 
                and
                  (B) within 180 days after the date of 
                enactment of this Act, a report on the options 
                that the Coast Guard is considering to 
                strengthen the hulls of National Security 
                Cutter 1 and National Security Cutter 2, 
                including--
                          (i) the costs of each of the options 
                        under consideration;
                          (ii) a schedule for when the hull 
                        strengthening repairs are anticipated 
                        to be performed; and
                          (iii) the impact that the weight 
                        likely to be added to each the cutter 
                        by each option will have on the 
                        cutter's ability to meet both the 
                        original performance requirements 
                        included in the Deepwater Program 
                        contract and the performance 
                        requirements created by contract 
                        Amendment Modification 00042 dated 
                        February 7, 2007.
          (2) Design assessment.--Not later than 30 days before 
        the Coast Guard signs any contract, delivery order, or 
        task order to strengthen the hull of either of National 
        Security Cutter 1 or 2 to resolve the structural design 
        and performance issues identified in the Department of 
        Homeland Security Inspector General's report OIG-07-23 
        dated January 2007, the Secretary shall submit to the 
        Committee on Transportation and Infrastructure and the 
        Committee on Homeland Security of the House of 
        Representatives and the Committee on Commerce, Science, 
        and Transportation of the Senate all results of an 
        assessment of the proposed hull strengthening design 
        conducted by the Naval Surface Warfare Center, 
        Carderock Division, including a description in detail 
        of the extent to which the hull strengthening measures 
        to be implemented on those cutters will enable the 
        cutters to meet a 185-underway-day requirement under 
        general Atlantic and North Pacific sea conditions for a 
        period of at least 30 years.
  (b) National Security Cutters 3 Through 8.--Not later than 30 
days before the Coast Guard signs any contract, delivery order, 
or task order authorizing construction of National Security 
Cutters 3 through 8, the Secretary shall submit to the 
Committee on Transportation and Infrastructure and the 
Committee on Homeland Security of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of 
the Senate all results of an assessment of the proposed designs 
to resolve the structural design, safety, and performance 
issues identified by the Department of Homeland Security Office 
of Inspector General report OIG-07-23 for the hulls of those 
cutters conducted by the Naval Surface Warfare Center, 
Carderock Division, including a description in detail of the 
extent to which such designs will enable the cutters to meet a 
185-underway-day requirement under general Atlantic and North 
Pacific sea conditions.

SEC. 806. MISCELLANEOUS REPORTS.

  (a) In General.--The Secretary shall submit the following 
reports to the Committee on Transportation and Infrastructure 
and the Committee on Homeland Security of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate:
          (1) Within 4 months after the date of enactment of 
        this Act, a justification for why 8 National Security 
        Cutters are required to meet the operational needs of 
        the Coast Guard, including--
                  (A) how many days per year each National 
                Security Cutter will be underway at sea;
                  (B) where each National Security Cutter will 
                be home ported;
                  (C) the amount of funding that will be 
                required to establish home port operations for 
                each National Security Cutter;
                  (D) the extent to which 8 National Security 
                Cutters deployed without vertical unmanned 
                aerial vehicles (VUAV) will meet or exceed the 
                mission capability (including surveillance 
                capacity) of the 12 Hamilton-class high 
                endurance cutters that the National Security 
                Cutters will replace;
                  (E) the business case in support of 
                constructing National Security Cutters 3 
                through 8, including a cost-benefit analysis; 
                and
                  (F) an analysis of how many Offshore Patrol 
                Cutters would be required to provide the patrol 
                coverage provided by a National Security 
                Cutter.
          (2) Within 4 months after the date of enactment of 
        this Act, a report on--
                  (A) the impact that deployment of a National 
                Security Cutter and other cutter assets without 
                the vertical unmanned aerial vehicle (VUAV) 
                will have on the amount of patrol coverage that 
                will be able to be provided during missions 
                conducted by the National Security Cutter and 
                all other cutters planned to be equipped with a 
                VUAV;
                  (B) how the coverage gap will be made up;
                  (C) an update on the current status of the 
                development of the VUAV; and
                  (D) the timeline detailing the major 
                milestones to be achieved during development of 
                the VUAV and identifying the delivery date for 
                the first and last VUAV.
          (3) Within 30 days after the elevation to flag-level 
        for resolution of any design or other dispute regarding 
        the Deepwater Program contract or an item to be 
        procured under that contract, including a detailed 
        description of the issue and the rationale underlying 
        the decision taken by the flag officer to resolve the 
        issue.
          (4) Within 4 months after the date of enactment of 
        this Act, a report detailing the total number of change 
        orders that have been created by the Coast Guard under 
        the Deepwater Program before the date of enactment of 
        this Act, the total cost of these change orders, and 
        their impact on the Deepwater Program schedule.
          (5) Within 180 days after the date of enactment of 
        this Act, a report detailing the technology risks and 
        level of maturity for major technologies used on 
        maritime patrol aircraft, the HC-130J, and the National 
        Security Cutter.
          (6) Not less than 60 days before signing a contract 
        to acquire any vessel or aircraft, a report comparing 
        the cost of purchasing that vessel or aircraft directly 
        from the manufacturer or shipyard with the cost of 
        procuring it through the Integrated Coast Guard System.
          (7) Within 30 days after the Program Executive 
        Officer of the Deepwater Program becomes aware of a 
        likely cost overrun exceeding 5 percent of the overall 
        asset acquisition contract cost or schedule delay 
        exceeding 5 percent of the estimated asset construction 
        period under the Deepwater Program, a report by the 
        Commandant containing a description of the cost overrun 
        or delay, an explanation of the overrun or delay, a 
        description of Coast Guard's response, and a 
        description of significant delays in the procurement 
        schedule likely to be caused by the overrun or delay.
          (8) Within 90 days after the date of enactment of 
        this Act, articulation of a doctrine and description of 
        an anticipated implementation of a plan for management 
        of acquisitions programs, financial management 
        (including earned value management and cost 
        estimating), engineering and logistics management, and 
        contract management, that includes--
                  (A) a description of how the Coast Guard will 
                cultivate among uniformed personnel expertise 
                in acquisitions management and financial 
                management;
                  (B) a description of the processes that will 
                be followed to draft and ensure technical 
                review of procurement packages, including 
                statements of work, for any class of assets 
                acquired by the Coast Guard;
                  (C) a description of how the Coast Guard will 
                conduct an independent cost estimating process, 
                including independently developing cost 
                estimates for major change orders; and
                  (D) a description of how Coast Guard will 
                strengthen the management of change orders.
          (9) Within 4 months after the date of enactment of 
        this Act, a report on the development of a new 
        acquisitions office within the Coast Guard describing 
        the specific staffing structure for that directorate, 
        including--
                  (A) identification of all managerial 
                positions proposed as part of the office, the 
                functions that each managerial position will 
                fill, and the number of employees each manager 
                will supervise; and
                  (B) a formal organizational chart and 
                identification of when managerial positions are 
                to be filled.
          (10) Ninety days prior to the issuance of a Request 
        for Proposals for construction of an Offshore Patrol 
        Cutter, a report detailing the service life, fatigue 
        life, maximum range, maximum speed, and number of days 
        underway under general Atlantic and North Pacific Sea 
        conditions the cutter shall be built to achieve.
          (11) The Secretary shall report annually on the 
        percentage of the total amount of funds expended on 
        procurements under the Deepwater Program that has been 
        paid to each of small businesses and minority-owned 
        businesses.
          (12) Within 120 days after the date of enactment of 
        this Act, a report on any Coast Guard mission 
        performance gap due to the removal of Deepwater Program 
        assets from service. The report shall include the 
        following:
                  (A) A description of the mission performance 
                gap detailing the geographic regions and Coast 
                Guard capabilities affected.
                  (B) An analysis of factors affecting the 
                mission performance gap that are unrelated to 
                the Deepwater Program, including deployment of 
                Coast Guard assets overseas and continuous 
                vessel shortages.
                  (C) A description of measures being taken in 
                the near term to fill the mission performance 
                gap, including what those measures are and when 
                they will be implemented.
                  (D) A description of measures being taken in 
                the long term to fill the mission performance 
                gap, including what those measures are and when 
                they will be implemented.
                  (E) A description of the potential 
                alternatives to fill the mission performance 
                gap, including any acquisition or lease 
                considered and the reasons they were not 
                pursued.
  (b) Report Required on Acceptance of Delivery of Incomplete 
Asset.--
          (1) In general.--If the Secretary accepts delivery of 
        an asset after the date of enactment of this Act for 
        which a contractually required certification cannot be 
        achieved within 30 days after the date of delivery or 
        with any system that is not fully functional for the 
        mission for which it was intended, the Secretary shall 
        submit to the Committee on Transportation and 
        Infrastructure and the Committee on Homeland Security 
        of the House of Representatives and the Committee on 
        Commerce, Science, and Transportation of the United 
        States Senate within 30 days after accepting delivery 
        of the asset a report explaining why acceptance of the 
        asset in such a condition is in the best interests of 
        the United States Government.
          (2) Contents.--The report shall--
                  (A) specify the systems that are not able to 
                achieve contractually required certifications 
                within 30 days after the date of delivery and 
                the systems that are not fully functional at 
                the time of delivery for the missions for which 
                they were intended;
                  (B) identify milestones for the completion of 
                required certifications and to make all systems 
                fully functional; and
                  (C) identify when the milestones will be 
                completed, who will complete them, and the cost 
                to complete them.

SEC. 807. USE OF THE NAVAL SEA SYSTEMS COMMAND, THE NAVAL AIR SYSTEMS 
                    COMMAND, AND THE SPACE AND NAVAL WARFARE SYSTEMS 
                    COMMAND TO ASSIST THE COAST GUARD IN EXERCISING 
                    TECHNICAL AUTHORITY FOR THE DEEPWATER PROGRAM AND 
                    OTHER COAST GUARD ACQUISITION PROGRAMS.

  (a) Findings.--Congress finds that the Coast Guard's use of 
the technical, contractual, and program management oversight 
expertise of the Department of the Navy in ship and aircraft 
production complements and augments the Coast Guard's organic 
expertise as it procures assets for the Deepwater Program.
  (b) Inter-Service Technical Assistance.--The Secretary may 
enter into a memorandum of understanding or a memorandum of 
agreement with the Secretary of the Navy to provide for the use 
of the Navy Systems Commands to assist the Coast Guard with the 
oversight of Coast Guard major acquisition programs. Such 
memorandum of understanding or memorandum of agreement shall, 
at a minimum provide for--
          (1) the exchange of technical assistance and support 
        that the Coast Guard Chief Engineer and the Coast Guard 
        Chief Information Officer, as Coast Guard Technical 
        Authorities, may identify;
          (2) the use, as appropriate, of Navy technical 
        expertise; and
          (3) the temporary assignment or exchange of personnel 
        between the Coast Guard and the Navy Systems Commands 
        to facilitate the development of organic capabilities 
        in the Coast Guard.
  (c) Technical Authorities.--The Coast Guard Chief Engineer, 
Chief Information Officer, and Chief Acquisition Officer shall 
adopt, to the extent practicable, procedures that are similar 
to those used by the Navy Senior Acquisition Official to ensure 
the Coast Guard Technical Authorities, or designated Technical 
Warrant Holders, approve all technical requirements.
  (d) Coordination.--The Secretary, acting through the 
Commandant of the Coast Guard, may coordinate with the 
Secretary of the Navy, acting through the Chief of Naval 
Operations, to develop processes by which the assistance will 
be requested from the Navy Systems Commands and provided to the 
Coast Guard.
  (e) Report.--Not later than 120 days after the date of 
enactment of this Act and every twelve months thereafter, the 
Commandant of the Coast Guard shall report to the Committee on 
Transportation and Infrastructure and the Committee on Homeland 
Security of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate on the 
activities undertaken pursuant to such memorandum of 
understanding or memorandum of agreement.

SEC. 808. DEFINITIONS.

   In this title:
          (1) Deepwater program.--The term ``Deepwater 
        Program'' means the Integrated Deepwater Systems 
        Program described by the Coast Guard in its report to 
        Congress entitled ``Revised Deepwater Implementation 
        Plan 2005'', dated March 25, 2005. The Deepwater 
        Program primarily involves the procurement of cutter 
        and aviation assets that operate more than 50 miles 
        offshore.
          (2) Secretary.--The term ``Secretary'' means the 
        Secretary of the department in which the Coast Guard is 
        operating.

                TITLE IX--MINORITY SERVING INSTITUTIONS

SEC. 901. MSI MANAGEMENT INTERNSHIP PROGRAM.

  (a) Establishment and Purpose.--The Commandant of the Coast 
Guard shall establish a two part management internship program 
for students at minority serving institutions (MSI) to intern 
at Coast Guard headquarters or a Coast Guard regional office, 
to be known as the ``MSI Management Internship Program'', to 
develop a cadre of civilian, career mid-level and senior 
managers for the Coast Guard.
  (b) Operation.--The MSI Management Internship Program shall 
be managed by the Secretary of Homeland Security, acting 
through the Commandant of the Coast Guard, in coordination with 
National Association for Equal Opportunity in Higher Education, 
the Hispanic Association of Colleges and Universities, and the 
American Indian Higher Education Consortium.
  (c) Criteria for Selection.--Participation in the MSI 
Management Internship Program shall be open to sophomores, 
juniors, and seniors at minority serving institutions, with an 
emphasis on such students who are majoring in management or 
business administration, international affairs, political 
science, marine sciences, criminal justice, or any other major 
related to homeland security.
  (d) Authorization of Appropriations.--There are authorized to 
be appropriated $2,000,000 to the Commandant to carry out this 
section.

SEC. 902. MSI INITIATIVES.

  (a) Establishment of MSI Student Pre-Commissioning 
Initiative.--The Commandant of the Coast Guard shall establish 
an MSI component of the College Student Pre-Commissioning 
Initiative (to be known as the ``MSI Student Pre-Commissioning 
Initiative Program'') to ensure greater participation by 
students from MSIs in the College Student Pre-Commissioning 
Initiative.
  (b) Participation in Officer Candidate School.--The 
Commandant of the Coast Guard shall ensure that graduates of 
the MSI Student Pre-Commissioning Initiative Program are 
included in the first enrollment for Officer Candidate School 
that commences after the date of enactment of this title and 
each enrollment period thereafter.
  (c) Reports.--Not later than 90 days after the conclusion of 
each academic year with respect to which the College Student 
Pre-Commissioning Initiative and the MSI Student Pre-
Commissioning Initiative Program is carried out beginning with 
the first full academic year after the date of the enactment of 
this title, the Commandant shall submit to the Committee on 
Transportation and Infrastructure and the Committee on Homeland 
Security of the House of Representatives and the Committee on 
Commerce of the Senate a report on the number of students in 
the College Student Pre-Commissioning Initiative and the number 
of students in the MSI Student Pre-Commissioning Initiative 
Program, outreach efforts, and demographic information of 
enrollees including, age, gender, race, and disability.
  (d) Establishment of MSI Aviation Officer Corps Initiative.--
The Commandant of the Coast Guard shall establish an MSI 
Aviation Officer Corps Initiative to increase the diversity of 
the Coast Guard Aviation Officer Corps through an integrated 
recruiting, accession, training, and assignment process that 
offers guaranteed flight school opportunities to students from 
minority serving institutions.
  (e) Authorization of Appropriations.--There are authorized to 
be appropriated $3,000,000 to the Commandant to carry out this 
section.

SEC. 903. COAST GUARD-MSI COOPERATIVE TECHNOLOGY PROGRAM.

  (a) Establishment.--The Commandant of the Coast Guard shall 
establish a Coast Guard Laboratory of Excellence-MSI 
Cooperative Technology Program at three minority serving 
institutions to focus on priority security areas for the Coast 
Guard, such as global maritime surveillance, resilience, and 
recovery.
  (b) Collaboration.--The Commandant shall encourage 
collaboration among the minority serving institutions selected 
under subsection (a) and institutions of higher education with 
institutional research and academic program resources and 
experience.
  (c) Partnerships.--The heads of the laboratories established 
at the minority serving institutions pursuant to subsection (a) 
may seek to establish partnerships with the private sector, 
especially small, disadvantaged businesses, to--
          (1) develop increased research and development 
        capacity;
          (2) increase the number of baccalaureate and graduate 
        degree holders in science, technology, engineering, 
        mathematics (STEM), and information technology or other 
        fields critical to the mission of the Coast Guard; and
          (3) strengthen instructional ability among faculty.
  (d) Authorization of Appropriations.--There are authorized to 
be appropriated $2,500,000 to the Commandant to carry out this 
section, including for instrumentation acquisition and funding 
undergraduate student scholarships, graduate fellowships, and 
faculty-post doctoral study.

SEC. 904. DEFINITION.

  For purposes of this title, the terms ``minority serving 
institution'', ``minority serving institutions'', and ``MSI'' 
mean a historically Black college or university (as defined in 
section 322 of the Higher Education Act of 1965), a Hispanic-
serving institution (as defined in section 502 of such Act), a 
Tribal College or University (as defined in section 316 of such 
Act), a Predominantly Black institution (as defined in section 
499A(c) of such Act), or a Native American-serving nontribal 
institution (as defined in section 499A(c) of such Act).

        TITLE X--APPEALS TO NATIONAL TRANSPORTATION SAFETY BOARD

SEC. 1001. RIGHTS OF APPEAL REGARDING LICENSES, CERTIFICATES OF 
                    REGISTRY, AND MERCHANT MARINERS' DOCUMENTS.

  (a) Denial of Issuance or Renewal.--
          (1) Licenses and certificates of registry.--Section 
        7101 of title 46, United States Code, is amended by 
        adding at the end the following new subsection:
  ``(j) Appeals to the National Transportation Safety Board.--
          ``(1) In general.--An individual whose application 
        for the issuance or renewal of a license or certificate 
        of registry has been denied under this chapter by the 
        Secretary may appeal that decision to the National 
        Transportation Safety Board, unless the individual 
        holds a license or certificate that--
                  ``(A) is suspended at the time of the denial; 
                or
                  ``(B) was revoked within the one-year period 
                ending on the date of the denial.
          ``(2) Procedure.--The Board shall conduct a hearing 
        on the appeal. The Board is not bound by findings of 
        fact of the Secretary but is bound by all validly 
        adopted interpretations of laws and regulations the 
        Secretary carries out unless the Board finds an 
        interpretation is arbitrary, capricious, or otherwise 
        not according to law. At the end of the hearing, the 
        Board shall decide whether the individual meets the 
        requirements for issuance or renewal of the license or 
        certificate of registry under applicable regulations 
        and standards. The Secretary is bound by the Board's 
        decision.''.
          (2) Merchant mariners' documents.--Section 7302 of 
        title 46, United States Code, is amended by adding at 
        the end the following new subsection:
  ``(h) Appeals to the National Transportation Safety Board.--
          ``(1) In general.--An individual whose application 
        for the issuance or renewal of a merchant mariners' 
        document has been denied under this chapter by the 
        Secretary may appeal that decision to the National 
        Transportation Safety Board, unless the individual 
        holds a merchant mariners' document that--
                  ``(A) is suspended at the time of the denial; 
                or
                  ``(B) was revoked within the one-year period 
                ending on the date of denial.
          ``(2) Procedure.--The Board shall conduct a hearing 
        on the appeal. The Board is not bound by findings of 
        fact of the Secretary but is bound by all validly 
        adopted interpretations of laws and regulations the 
        Secretary carries out unless the Board finds an 
        interpretation is arbitrary, capricious, or otherwise 
        not according to law. At the end of the hearing, the 
        Board shall decide whether the individual meets the 
        requirements for issuance or renewal of the document 
        under applicable regulations and standards. The 
        Secretary is bound by the Board's decision.''.
  (b) Suspension and Revocation.--Chapter 77 of title 46, 
United States Code, is amended--
          (1) in section 7702--
                  (A) by striking subsection (b); and
                  (B) by redesignating subsections (c) and (d) 
                as subsections (b) and (c), respectively;
          (2) by adding at the end the following new sections:

``Sec. 7707. Appeals to the National Transportation Safety Board

  ``(a) In General.--An individual whose license, certificate 
of registry, or merchant mariners' document has been suspended 
or revoked under this chapter by the Secretary may appeal that 
decision within 30 days to the National Transportation Safety 
Board. The Board shall affirm or reverse the order after 
providing notice and an opportunity for a hearing on the 
record. In conducting the hearing under this section, the Board 
is not bound by findings of fact of the Secretary but is bound 
by all validly adopted interpretations of laws and regulations 
the Secretary carries out and of written agency policy guidance 
available to the public related to sanctions to be imposed 
under this section, unless the Board finds an interpretation is 
arbitrary, capricious, or otherwise not according to law.
  ``(b) Effectiveness of Order Pending Appeal.--
          ``(1) In general.--Except as provided in paragraph 
        (2), upon the filing by an individual of an appeal with 
        the Board under this subsection, the order of the 
        Secretary suspending or revoking the license, 
        certificate of registry, or merchant mariners' document 
        is stayed.
          ``(2) Exception.--If the Secretary notifies the Board 
        that the Secretary has determined there exists an 
        emergency affecting safety in maritime transportation 
        requires the immediate effectiveness of the order--
                  ``(A) the order shall remain in effect 
                pending disposition of the appeal;
                  ``(B) the Board shall make a final 
                disposition of the appeal not later than 60 
                days after the Secretary so notifies the Board; 
                and
                  ``(C) if the Board does not act within such 
                60-day period, the order shall continue in 
                effect unless modified by the Secretary.
  ``(c) Review of Emergency Order.--A person affected by the 
immediate effectiveness of the Secretary's order under 
subsection (b)(2) may petition for a review by the Board under 
procedures promulgated by the Board of the Secretary's 
determination that an emergency exists. Such petition shall be 
filed with the Board not later than 48 hours after the order is 
received by the person. If the Board finds that an emergency 
does not exist that requires the immediate application of the 
order in the interest of safety in maritime transportation, the 
order shall be stayed, notwithstanding subsection (b). The 
Board shall dispose of a petition under this subsection not 
later than 5 days after the date on which the petition is 
filed.
  ``(d) Judicial Review.--An individual who is substantially 
affected by an order of the Board under this section, or the 
Secretary if the Secretary decides that an order of the Board 
will have a significant adverse effect on carrying out this 
part, may obtain judicial review of the order. The Secretary 
shall be made a party to the judicial review proceedings. In 
those proceedings, findings of fact of the Board are conclusive 
if supported by substantial evidence.

``Sec. 7708. Limitations on the Coast Guard's conduct of administrative 
                    proceedings

  ``The Coast Guard shall not conduct any administrative 
proceeding under section 7101, 7302, 7503, chapter 77, or 
section 9303 of this title under any contractual relationship 
or interagency agreement with the National Transportation 
Safety Board after October 1, 2009.''; and
          (3) in the analysis at the beginning of the chapter 
        by adding at the end the following new items:

``Sec. 7707. Appeals to the National Transportation Safety Board.
``Sec. 7708. Limitations on the Coast Guard's conduct of administrative 
          proceedings.''.

  (c) Effective Date.--This section shall take effect on 
October 1, 2008.

SEC. 1002. AUTHORITIES OF NATIONAL TRANSPORTATION SAFETY BOARD.

  (a) Review of Other Agency Action.--Section 1133 of title 49, 
United States Code, is amended by striking paragraph (3) and 
inserting the following:
          ``(3) the denial, amendment, modification, 
        suspension, or revocation of a license, certificate, 
        document, or register in a proceeding under section 
        7101, 7302, 7503, or 9303, or chapter 77, of title 46; 
        and''.
  (b) Judicial Review.--
          (1) In general.--Section 1153 of title 49, United 
        States Code, is amended--
                  (A) in the heading for subsection (b) by 
                inserting ``and maritime'' after ``aviation''; 
                and
                  (B) by adding at the end the following new 
                subsection:
  ``(d) Secretary Seeking Judicial Review of Maritime 
Matters.--If the Secretary of the department in which the Coast 
Guard is operating decides that an order of the Board under 
chapter 77 of title 46 will have a significant impact on 
carrying out this chapter with respect to a maritime matter, 
the Secretary may obtain judicial review of the order. Findings 
of fact of the Board are conclusive in those proceedings if 
supported by substantial evidence.''.
  (c) Effective Date.--This section shall take effect on 
October 1, 2008.

SEC. 1003. TRANSFER OF PENDING APPEALS TO THE NATIONAL TRANSPORTATION 
                    SAFETY BOARD.

  (a) Administration of Pending Docket.--
          (1) Transfer of pending cases.--On October 1, 2008, 
        any pending cases remaining undecided by the Coast 
        Guard Office of Administrative Law Judges shall be 
        transferred to the National Transportation Safety Board 
        for adjudication. Such cases shall be sequenced into 
        the docket of the National Transportation Safety Board 
        Office of Administrative Law Judges in the same order 
        as the dates of filing with the Coast Guard.
          (2) Detail of administrative law judges.--The 
        Secretary of the department in which the Coast Guard is 
        operating shall, if requested by the Chairman of the 
        National Transportation Safety Board, make available to 
        the Board via temporary detail not to exceed 180 days, 
        and thereafter at the discretion of the Secretary, 
        Administrative Law Judges currently employed by the 
        Coast Guard sufficient to address the docket of 
        maritime enforcement cases transferred by this 
        subsection to the National Transportation Safety Board 
        and those subsequently filed with the National 
        Transportation Safety Board.
          (3) Administrative assistance.--The Secretary of the 
        department in which the Coast Guard is operating shall, 
        if requested by the Chairman of the National 
        Transportation Safety Board, make available assistance 
        from the administrative offices of the Coast Guard 
        Office of the Administrative Law Judges sufficient 
        administrative personnel and other resources adequate 
        to effect an orderly transfer of pending cases to the 
        National Transportation Safety Board.
  (b) Transfer of Funds.--For each of fiscal years 2009 and 
2010, 80 percent of all funding appropriated for the Coast 
Guard's Office of Administrative Law Judges shall be 
transferred as an interagency transfer to the National 
Transportation Safety Board and used for the Safety Board 
Office of Administrative Law Judges.
  (c) Maritime Enforcement Appeals Activity.--
          (1) In general.--The National Transportation Safety 
        Board may establish within the National Transportation 
        Safety Board Office of Administrative Law Judges a 
        maritime enforcement appeals activity, to operate in 
        concert or parallel with the aviation enforcement 
        appeals activity currently existing, sufficient to 
        handle maritime enforcement appeals under title 46, 
        United States Code, as amended by this title.
          (2) Filling of administrative law judge positions.--
        Any Administrative Law Judge position established by 
        the National Transportation Safety Board to address the 
        cases and responsibilities transferred under this 
        section shall be filled through the established 
        Administrative Law Judge hiring process.
          (3) Limitation on effect.--This section shall not be 
        construed--
                  (A) to transfer from the Coast Guard any 
                personnel, offices, or equipment funded under 
                this provision; or
                  (B) to authorize requiring any person to 
                transfer from the Coast Guard to the National 
                Transportation Safety Board.
          (4) Exemption from regulations relating to reductions 
        in force.--Any redesignation of agency responsibilities 
        under this title is exempt from subpart C of part 351 
        of title 5, Code of Federal Regulations, and does not 
        constitute a transfer of function (as that term is 
        defined in section 351.203 of that title) for purposes 
        of that subpart.

SEC. 1004. RULEMAKING REQUIREMENTS.

  (a) Interim Final Rule.--The National Transportation Safety 
Board shall issue an interim final rule as a temporary 
regulation implementing this title (including the amendments 
made by this title) as soon as practicable after the date of 
enactment of this Act, without regard to chapter 5 of title 5, 
United States Code. All regulations prescribed under the 
authority of this subsection that are not earlier superseded by 
final regulations shall expire not later than 1 year after the 
date of enactment of this Act.
  (b) Initiation of Rulemaking.--The Board may initiate a 
rulemaking to implement this title (including the amendments 
made by this title) as soon as practicable after the date of 
enactment of this Act. The final rule issued pursuant to that 
rulemaking may supersede the interim final rule issued under 
this section.

SEC. 1005. ADMINISTRATIVE LAW JUDGE RECRUITING PROGRAM.

  (a) In General.--Within 60 days after the date of enactment 
of this Act, the Secretary of the department in which the Coast 
Guard is operating shall establish a program to recruit 
qualified individuals from appropriate sources in an effort to 
achieve a workforce drawn from all segments of society in the 
Coast Guard's Administrative Law Judge program. This program 
shall include--
          (1) improved outreach efforts to include 
        organizations outside the Federal Government in order 
        to increase the number of minority candidates in the 
        selection pool for Administrative Law Judges from which 
        the Coast Guard selects their judges; and
          (2) recruitment of minority candidates for Coast 
        Guard Administrative Law Judges from other Federal 
        agencies.
  (b) Report.--The Secretary shall provide a report to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate by October 1 of each year 
detailing the activities of the Coast Guard to comply with the 
requirements of this section.

                        TITLE XI--MARINE SAFETY

SEC. 1101. MARINE SAFETY.

  (a) Establish Marine Safety as a Coast Guard Function.--
Chapter 5 of title 14, United States Code, is further amended 
by adding at the end the following new section:

``Sec. 100. Marine safety

  ``To protect life, property, and the environment on, under, 
and over waters subject to the jurisdiction of the United 
States and on vessels subject to the jurisdiction of the United 
States, the Commandant shall promote maritime safety as 
follows:
          ``(1) By taking actions necessary and in the public 
        interest to protect such life, property, and the 
        environment.
          ``(2) Based on the following priorities:
                  ``(A) Preventing marine casualties and 
                threats to the environment.
                  ``(B) Minimizing the impacts of marine 
                casualties and environmental threats.
                  ``(C) Maximizing lives and property saved and 
                environment protected in the event of a marine 
                casualty.''.
  (b) Clerical Amendment.--The analysis at the beginning of 
such chapter is amended by adding at the end the following new 
item:

``100. Marine safety.''.

SEC. 1102. MARINE SAFETY STAFF.

  (a) In General.--Chapter 3 of title 14, United States Code, 
is further amended by adding at the end the following new 
section:

``Sec. 57. Marine safety staff

  ``(a) Assistant Commandant for Marine Safety.--(1) There 
shall be in the Coast Guard an Assistant Commandant for Marine 
Safety who shall be a Rear Admiral or civilian from the Senior 
Executive Service (career reserved) selected by the Secretary.
  ``(2) The Assistant Commandant for Marine Safety shall serve 
as the principal advisor to the Commandant regarding marine 
safety, and carry out the duties and powers delegated and 
imposed by the Secretary under section 631(b).
  ``(b) Chief of Marine Safety.--(1) There shall be in each 
Coast Guard sector a Chief of Marine Safety who--
          ``(A) shall be at least a Commander or civilian at 
        level GS-14; and
          ``(B) shall be colocated with the Coast Guard officer 
        in command of that sector.
  ``(2) The chief of marine safety for a sector--
          ``(A) is responsible for all individuals who, on 
        behalf of the Coast Guard, inspect or examine vessels, 
        conduct marine casualty investigations, or perform 
        other marine safety responsibilities defined in section 
        631(b) in the sector; and
          ``(B) if not the Coast Guard officer in command of 
        that sector, is the principle advisor to that officers 
        regarding marine safety matters in that sector.
  ``(c) Qualifications.--(1) The Assistant Commandant for 
Marine Safety and the Chiefs of Marine Safety of sectors, and 
all marine safety inspectors, investigators, examiners, and 
other professional staff assigned to the marine safety program 
of the Coast Guard, shall be appointed on the basis of their--
          ``(A) knowledge, skill, and practical experience in--
                  ``(i) the construction and operation of 
                commercial vessels; and
                  ``(ii) judging the character, strength, 
                stability, and safety qualities of such vessels 
                and their equipment; and
          ``(B) knowledge about the qualifications and training 
        of vessel personnel.
  ``(2) Marine inspectors shall have the training, experience, 
and qualifications equivalent to that required for a surveyor 
of a similar position of a classification society recognized by 
the Secretary under section 3316 of title 46 for the type of 
vessel, system, or equipment that is inspected.
  ``(3) Marine casualty investigators shall have the training, 
experience, and qualifications in investigation, accident 
reconstruction, human factors, and documentation equivalent to 
that required for a marine casualty investigator of the 
National Transportation Safety Board.
  ``(4) The Chief of Marine Safety of a sector shall be a 
qualified marine casualty investigator and marine inspector 
qualified to inspect vessels, vessel systems, and equipment 
commonly found in the sector.
  ``(5) Each individual signing a letter of qualification for 
marine safety personnel must hold a letter of qualification for 
the type they are signing.
  ``(6) The Assistant Commandant for Marine Safety shall be a 
qualified marine casualty investigator and a marine inspector 
qualified for types of vessels, vessel systems, and equipment.

``Sec. 58. Limited duty officers

  ``(a) Establishment.--The Commandant shall establish in the 
Coast Guard a limited duty officer program for marine safety.
  ``(b) Officer Eligibility.--(1) Only commissioned officers in 
the Coast Guard with grade not above commander and chief 
warrant officers who have more than four years of marine safety 
experience may serve as limited duty officers under such 
program.
  ``(2) The Commandant may establish other limitations on 
eligibility that the Commandant believes are necessary for the 
good of the marine safety program.
  ``(3) Notwithstanding section 41a and chapter 11 of this 
title, the Commandant shall, by regulation, establish 
procedures pertaining to--
          ``(A) the promotion of commissioned officers and 
        chief warrant officers who serve as limited duty 
        officers, including the maintenance of a separate 
        promotion list for commissioned officers who serve as 
        limited duty officers;
          ``(B) the discharge, retirement, and revocation of 
        commissions of such officers; and
          ``(C) the separation for cause of such officers.
  ``(4) The Commandant shall ensure that the procedures 
promulgated under paragraph (3)(A) encourage a specialization 
in marine safety and do not, in any way, inhibit or prejudice 
the orderly promotion or advancement of commissioned officers 
and chief warrant officers who serve as limited duty officers.
  ``(5) The Commandant shall, by regulation, prescribe a step 
increase in the pay system for limited duty officers in the 
marine safety program.
  ``(c) Recruitment.--(1) The Commandant shall, by regulation, 
establish procedures pertaining to the recruitment of graduates 
from the United States Merchant Marine Academy and the State 
maritime colleges and individuals holding licenses issued under 
chapter 71 of title 46 to serve as limited duty officers.
  ``(2) Not later than the date of the submission of the 
President's budget request under section 1105 of title 31 for 
each fiscal year, the Commandant shall submit to the Committee 
on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the Coast Guard's 
efforts to recruit graduates from the United States Merchant 
Marine Academy and the State maritime colleges and individuals 
holding licenses issued under chapter 71 of title 46 to serve 
as limited duty officers. The report shall include information 
on the number of graduates recruited, the lengths of service, 
the retention rates, and other activities undertaken by the 
Coast Guard to sustain or increase the numbers of recruits and 
officers.

``Sec. 59. Center for Expertise for Marine Safety

  ``(a) Establishment.--The Commandant of the Coast Guard may 
establish and operate a one or more Centers for Expertise for 
Marine Safety (in this section referred to as a `Center').
  ``(b) Missions.--The Centers shall--
          ``(1) be used to provide and facilitate education, 
        training, and research in marine safety including 
        vessel inspection and casuality investigation;
          ``(2) develop a repository of information on marine 
        safety; and
          ``(3) perform any other missions as the Commandant 
        may specify.
  ``(c) Joint Operation With Educational Institution 
Authorized.--The Commandant may enter into an agreement with an 
appropriate official of an institution of higher education to--
          ``(1) provide for joint operation of a Center; and
          ``(2) provide necessary administrative services for a 
        Center, including administration and allocation of 
        funds.
  ``(d) Acceptance of Donations.--(1) Except as provided in 
paragraph (2), the Commandant may accept, on behalf of a 
Center, donations to be used to defray the costs of the Center 
or to enhance the operation of the Center. Those donations may 
be accepted from any State or local government, any foreign 
government, any foundation or other charitable organization 
(including any that is organized or operates under the laws of 
a foreign country), or any individual.
  ``(2) The Commandant may not accept a donation under 
paragraph (1) if the acceptance of the donation would 
compromise or appear to compromise--
          ``(A) the ability of the Coast Guard or the 
        department in which the Coast Guard is operating, any 
        employee of the Coast Guard or the department, or any 
        member of the armed forces to carry out any 
        responsibility or duty in a fair and objective manner; 
        or
          ``(B) the integrity of any program of the Coast 
        Guard, the department in which the Coast Guard is 
        operating, or of any person involved in such a program.
  ``(3) The Commandant shall prescribe written guidance setting 
forth the criteria to be used in determining whether or not the 
acceptance of a donation from a foreign source would have a 
result described in paragraph (2).

``Sec. 60. Marine industry training program.

  ``(a) In General.--The Commandant shall, by policy, establish 
a program under which an officer, member, or employee of the 
Coast Guard may be assigned to a private entity to further the 
institutional interests of the Coast Guard with regard to 
marine safety, including for the purpose of providing training 
to an officer, member, or employee. Policies to carry out the 
program--
          ``(1) with regard to an employee of the Coast Guard, 
        shall include provisions, consistent with sections 3702 
        through 3704 of title 5, as to matters concerning--
                  ``(A) the duration and termination of 
                assignments;
                  ``(B) reimbursements; and
                  ``(C) status, entitlements, benefits, and 
                obligations of program participants; and
          ``(2) shall require the Commandant, before approving 
        the assignment of an officer, member, or employee of 
        the Coast Guard to a private entity, to determine that 
        the assignment is an effective use of the Coast Guard's 
        funds, taking into account the best interests of the 
        Coast Guard and the costs and benefits of alternative 
        methods of achieving the same results and objectives.
  ``(b) Annual Report.--Not later than the date of the 
submission each year of the President's budget request under 
section 1105 of title 31, the Commandant shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report that describes--
          ``(1) the number of officers, members, and employees 
        of the Coast Guard assigned to private entities under 
        this section;
          ``(2) the specific benefit that accrues to the Coast 
        Guard for each assignment.''.
  (b) Certificates of Inspection.--Section 3309 of title 46, 
United States Code, is amended by adding at the end the 
following:
  ``(d) A certificate of inspection issued under this section 
shall be signed by the individuals that inspected the 
vessel.''.
  (c) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by adding at the end the 
following new items:

``57. Marine safety staff.
``58. Limited duty officers.
``59. Center for Expertise for Marine Safety.
``60. Marine industry training program.''.

SEC. 1103. MARINE SAFETY MISSION PRIORITIES AND LONG TERM GOALS.

  (a) In General.--Chapter 21 of title 46, United States Code, 
is further amended by adding after section 2116, as added by 
section 313 of this Act, the following new section:

``Sec. 2117. Marine Safety Strategy, goals, and performance assessments

  ``(a) Long-Term Strategy and Goals.--In conjunction with 
existing federally required strategic planning efforts, the 
Secretary shall develop a long-term strategy for improving 
vessel safety and the safety of individuals on vessels. The 
strategy shall include the issuance each year of an annual plan 
and schedule for achieving the following goals:
          ``(1) Reducing the number and rates of marine 
        casualties.
          ``(2) Improving the consistency and effectiveness of 
        vessel and operator enforcement and compliance 
        programs.
          ``(3) Identifying and targeting enforcement efforts 
        at high-risk vessels and operators.
          ``(4) Improving research efforts to enhance and 
        promote vessel and operator safety and performance.
  ``(b) Contents of Strategy and Annual Plans.--
          ``(1) Measurable goals.--The strategy and annual 
        plans shall include specific numeric or measurable 
        goals designed to achieve the goals set forth in 
        subsection (a). The purposes of the numeric or 
        measurable goals are the following:
                  ``(A) To increase the number of safety 
                examinations on all high-risk vessels.
                  ``(B) To eliminate the backlog of marine 
                safety-related rulemakings.
                  ``(C) To improve the quality and 
                effectiveness of marine safety information 
                databases by ensuring that all Coast Guard 
                personnel accurately and effectively report all 
                safety, casualty, and injury information.
                  ``(D) To provide for a sufficient number of 
                Coast Guard marine safety personnel, and 
                provide adequate facilities and equipment to 
                carry out the powers and duties delegated and 
                imposed by the Secretary under section 631(b).
          ``(2) Resource needs.--The strategy and annual plans 
        shall include estimates of--
                  ``(A) the funds and staff resources needed to 
                accomplish each activity included in the 
                strategy and plans; and
                  ``(B) the staff skills and training needed 
                for timely and effective accomplishment of each 
                goal.
  ``(c) Submission With the President's Budget.--Beginning with 
fiscal year 2010 and each fiscal year thereafter, the Secretary 
shall submit to Congress the strategy and annual plan at the 
same time as the President's budget submission under section 
1105 of title 31.
  ``(d) Achievement of Goals.--
          ``(1) Progress assessment.--No less frequently than 
        semiannually, the Coast Guard Commandant and the 
        Assistant Commandant for Marine Safety shall jointly 
        assess the progress of the Coast Guard toward achieving 
        the goals set forth in subsection (b). The Commandant 
        and the Assistant Commandant shall jointly convey their 
        assessment to the employees of the Assistant Commandant 
        and shall identify any deficiencies that should be 
        remedied before the next progress assessment.
          ``(2) Report to congress.--The Secretary shall report 
        annually to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of 
        the Senate--
                  ``(A) on the performance of the marine safety 
                program in achieving the goals of the marine 
                safety strategy and annual plan under 
                subsection (a) for the year covered by the 
                report;
                  ``(B) on the program's mission performance in 
                achieving numerical measurable goals 
                established under subsection (b); and
                  ``(C) recommendations on how to improve 
                performance of the program.''.
  (b) Clerical Amendment.--The analysis for such chapter is 
amended by adding at the end the following new item:

``2117. Marine Safety Strategy, goals, and performance assessments.''.

SEC. 1104. POWERS AND DUTIES.

  Section 631 of title 14, United States Code, is amended--
          (1) by inserting ``(a)'' before the first sentence; 
        and
          (2) by adding at the end the following new 
        subsection:
  ``(b) The Assistant Commandant for Marine Safety shall serve 
as the principle advisor to the Commandant regarding--
          ``(1) the operation, regulation, inspection, 
        identification, manning, and measurement of vessels, 
        including plan approval and the application of load 
        lines;
          ``(2) approval of materials, equipment, appliances, 
        and associated equipment;
          ``(3) the reporting and investigation of marine 
        casualties and accidents;
          ``(4) the licensing, certification, documentation, 
        protection and relief of merchant seamen;
          ``(5) suspension and revocation of licenses and 
        certificates;
          ``(6) enforcement of manning requirements, 
        citizenship requirements, control of log books;
          ``(7) documentation and numbering of vessels;
          ``(8) State boating safety programs;
          ``(9) commercial instruments and maritime liens;
          ``(10) the administration of bridge safety;
          ``(11) administration of the navigation rules;
          ``(12) the prevention of pollution from vessels;
          ``(13) ports and waterways safety;
          ``(14) waterways management; including regulation for 
        regattas and marine parades;
          ``(15) aids to navigation; and
          ``(16) other duties and powers of the Secretary 
        related to marine safety and stewardship.
  ``(c) Other Authority Not Affected.--Nothing in subsection 
(b) affects--
          ``(1) the authority of Coast Guard officers and 
        members to enforce marine safety regulations using 
        authority under section 89 of this title; or
          ``(2) the exercise of authority under section 91 of 
        this title and the provisions of law codified at 
        sections 191 through 195 of title 50 on the date of 
        enactment of this paragraph.''.

SEC. 1105. APPEALS AND WAIVERS.

  (a) In General.--Chapter 5 of title 14, United States Code, 
is further amended by inserting at the end the following new 
section:

``Sec. 102. Appeals and waivers

  ``Except for the Commandant of the Coast Guard, any 
individual adjudicating an appeal of a decision or granting a 
waiver regarding marine safety, including inspection or manning 
and threats to the environment, shall be a qualified specialist 
with the training, experience and qualifications in marine 
safety to judge the facts and circumstances involved in the 
appeal or waiver and make a judgment regarding the merits of 
the appeal or waiver. In the case of an appeal or waiver 
involving an inspected vessel, vessel systems or equipment, the 
individual shall hold a letter of qualification to inspect the 
type of vessel, vessel systems or equipment involved in the 
appeal or waiver.''.
  (b) Clerical Amendment.--The analysis for such chapter is 
further amended by adding at the end the following new item:

``102. Appeals and waivers.''.

SEC. 1106. COAST GUARD ACADEMY.

  (a) In General.--Chapter 9 of title 14, United States Code, 
is amended by adding at the end the following new section:

``Sec. 199. Marine safety curriculum

  ``The Commandant of the Coast Guard shall ensure that 
professional courses of study in marine safety are provided at 
the Coast Guard Academy, and during other officer accession 
programs, to give Coast Guard cadets and other officer 
candidates a background and understanding of the marine safety 
program. These courses may include such topics as program 
history, vessel design and construction, vessel inspection, 
casualty investigation, and administrative law and 
regulations.''.
  (b) Clerical Amendment.--The analysis for such chapter is 
further amended by adding at the end the following new item:

``199. Marine safety curriculum.''.

SEC. 1107. GEOGRAPHIC STABILITY.

  (a) In General.--Chapter 11 of title 14, United States Code, 
is further amended by inserting after section 336 the following 
new section:

``Sec. 337. Geographic stability

  ``The Commandant shall establish procedures that provide 
geographic stability to interested Coast Guard officers, 
employees, and members assigned to the marine safety program 
carried out under section 100 who have a minimum of 10 years of 
service in the marine safety program.''.
  (b) Clerical Amendment.--The analysis for such chapter is 
further amended by adding at the end the following new item:

``337. Geographic stability.''.

SEC. 1108. APPRENTICE PROGRAM.

  (a) In General.--Chapter 11 of title 14, United States Code, 
is further amended by inserting after section 337, as added by 
section 1107 of this Act, the following new section:

``Sec. 338. Apprentice program

  ``Any officer, member, or employee of the Coast Guard in 
training to become a marine inspector shall serve a minimum of 
one-year apprenticeship, unless otherwise directed by the 
Commandant of the Coast Guard, under the guidance of a 
qualified inspector before conducting unsupervised inspections 
of vessels under part B of subtitle II of title 46. The 
Commandant may authorize shorter apprentice periods for certain 
qualifications, as appropriate.''.
  (b) Clerical Amendment.--The analysis for such chapter is 
further amended by adding at the end the following new item:

``338. Apprentice program.''.

SEC. 1109. REPORT REGARDING CIVILIAN MARINE INSPECTORS.

  Not later than one year after the date of enactment of this 
Act, the Commandant of the Coast Guard shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on Coast Guard's efforts 
to recruit and retain civilian marine inspectors and 
investigators and the impact of such recruitment and retention 
efforts on Coast Guard organizational performance.

             PART B: TEXT OF AMENDMENTS TO BE MADE IN ORDER

1. An Amendment To Be Offered by Representative Oberstar of Minnesota, 
               or His Designee, Debatable for 10 Minutes

  At the end of title II add the following:

SEC. __. POLICY ON SEXUAL HARASSMENT AND SEXUAL VIOLENCE AT THE COAST 
                    GUARD ACADEMY.

  (a) Required Policy.--Under guidance prescribed by the 
Secretary of the department in which the Coast Guard is 
operating, the Commandant of the Coast Guard shall direct the 
Superintendent of the Coast Guard Academy to prescribe a policy 
on sexual harassment and sexual violence applicable to the 
cadets and other personnel of the Academy.
  (b) Matters to Be Specified in Policy.--The policy on sexual 
harassment and sexual violence prescribed under this section 
shall include specification of the following:
          (1) Programs to promote awareness of the incidence of 
        rape, acquaintance rape, and other sexual offenses of a 
        criminal nature that involve cadets or other Academy 
        personnel.
          (2) Procedures that a cadet should follow in the case 
        of an occurrence of sexual harassment or sexual 
        violence, including--
                  (A) if the cadet chooses to report an 
                occurrence of sexual harassment or sexual 
                violence, a specification of the person or 
                persons to whom the alleged offense should be 
                reported and the options for confidential 
                reporting;
                  (B) a specification of any other person whom 
                the victim should contact; and
                  (C) procedures on the preservation of 
                evidence potentially necessary for proof of 
                criminal sexual assault.
          (3) Procedures for disciplinary action in cases of 
        alleged criminal sexual assault involving a cadet or 
        other Academy personnel.
          (4) Any other sanction authorized to be imposed in a 
        substantiated case of sexual harassment or sexual 
        violence involving a cadet or other Academy personnel 
        in rape, acquaintance rape, or any other criminal 
        sexual offense, whether forcible or nonforcible.
          (5) Required training on the policy for all cadets 
        and other Academy personnel, including the specific 
        training required for personnel who process allegations 
        of sexual harassment or sexual violence involving 
        Academy personnel.
  (c) Annual Assessment.--
          (1) The Secretary, through the Commandant of the 
        Coast Guard, shall direct the Superintendent of the 
        Coast Guard Academy to conduct an assessment during 
        each Academy program year to determine the 
        effectiveness of the Academy's policies, training, and 
        procedures on sexual harassment and sexual violence 
        involving cadets and other Academy personnel.
          (2) For the assessment for each of the 2009, 2010, 
        2011, 2012, and 2013 Academy program years, the 
        Superintendent shall conduct a survey of all Academy 
        personnel--
                  (A) to measure--
                          (i) the incidence, during that 
                        program year, of sexual harassment and 
                        sexual violence events, on or off the 
                        Academy reservation, that have been 
                        reported to officials of the Academy; 
                        and
                          (ii) the incidence, in that program 
                        year, of sexual harassment and sexual 
                        violence events, on or off the Academy 
                        reservation, that have not been 
                        reported to officials of the Academy; 
                        and
                  (B) to assess the perceptions of Academy 
                personnel on--
                          (i) the policies, training, and 
                        procedures on sexual harassment and 
                        sexual violence involving Academy 
                        personnel;
                          (ii) the enforcement of such 
                        policies;
                          (iii) the incidence of sexual 
                        harassment and violence involving 
                        Academy personnel in such program year; 
                        and
                          (iv) any other issues relating to 
                        sexual harassment and violence 
                        involving Academy personnel.
  (d) Annual Report.--
          (1) The Commandant of the Coast Guard shall direct 
        the Superintendent of the Coast Guard Academy to submit 
        to the Commandant a report on sexual harassment and 
        sexual violence involving Academy personnel for each of 
        the 2009, 2010, 2011, 2012, and 2013 Academy program 
        years.
          (2) The annual report under paragraph (1) shall 
        contain, for the Academy program year covered by the 
        report, the following matters:
                  (A) The number of sexual assaults, rapes, and 
                other sexual offenses involving Academy 
                personnel that have been reported to Academy 
                officials during the program year, and the 
                number of the reported cases that have been 
                substantiated.
                  (B) The policies, procedures, and processes 
                implemented by the Commandant of the Coast 
                Guard and the leadership of the Coast Guard 
                Academy in response to sexual harassment and 
                sexual violence involving Academy personnel 
                during the program year.
                  (C) In the report for the 2009 Academy 
                program year, a discussion of the survey 
                conducted under subsection (b), together with 
                an analysis of the results of the survey and a 
                discussion of any initiatives undertaken on the 
                basis of such results and analysis.
                  (D) In the report for each of the subsequent 
                Academy program years, the results of the 
                annual survey conducted in such program year 
                under subsection (b).
                  (E) A plan for the actions that are to be 
                taken in the following Academy program year 
                regarding prevention of and response to sexual 
                harassment and sexual violence involving 
                Academy personnel.
          (3) The Commandant of the Coast Guard shall transmit 
        the annual report on the Coast Guard Academy required 
        under this subsection, together with the Commandant's 
        comments on the report, to the Secretary and the Board 
        of Visitors of the Academy.
          (4) The Secretary shall transmit the annual report, 
        together with the Secretary's comments on the report, 
        to the Committee on Transportation and Infrastructure 
        of the House of Representatives and the Committee on 
        Commerce, Science, and Transportation of the Senate.
          (5) The report for the 2009 Academy program year for 
        the Academy shall be submitted to the Commandant of the 
        Coast Guard not later than one year after the date of 
        the enactment of this Act.
          (6) In this subsection, the term ``Academy program 
        year'' with respect to a year, means the Academy 
        program year that ends in that year.

  At the end of title II add the following:

SEC. __. HOME PORT OF COAST GUARD VESSELS IN GUAM.

  Section 96 of title 14, United States Code, is amended--
          (1) by striking ``a State of the United States'' and 
        inserting ``the United States or Guam''; and
          (2) by inserting ``or Guam'' after ``outside the 
        United States''.

  At the end of title III add the following:

SEC. __. DELEGATION OF AUTHORITY TO CLASSIFICATION SOCIETIES REGARDING 
                    OFFSHORE FACILITIES.

  Section 3316 of title 46, United States Code, is amended by 
adding at the end the following new subsection:
  ``(d)(1) The Secretary may delegate to the American Bureau of 
Shipping or another classification society recognized by the 
Secretary as meeting acceptable standards for such a society, 
for a United States offshore facility, the authority to--
          ``(A) review and approve plans required for issuing a 
        certificate of inspection or certificate of compliance; 
        and
          ``(B) conduct inspections and examinations.
  ``(2) The Secretary may make a delegation under paragraph (1) 
to a foreign classification society only if the foreign 
classification society has offices and maintains records in the 
United States and--
          ``(A) if the government of the foreign country in 
        which the society is headquartered delegates that 
        authority to the American Bureau of Shipping; or
          ``(B) to the extent the government of the foreign 
        country accepts plan review, inspections, or 
        examinations conducted by the American Bureau of 
        Shipping and provides equivalent access to inspect, 
        certify, and provide related services to offshore 
        facilities located in that country or operating under 
        the authority of that country.
  ``(3) When an inspection or examination has been delegated 
under this subsection, the Secretary's delegate--
          ``(A) shall maintain in the United States complete 
        files of all information derived from or necessarily 
        connected with the inspection or examination for at 
        least 2 years after the United States offshore facility 
        ceases to be certified; and
          ``(B) shall permit access to those files at all 
        reasonable times to any officer, employee, or member of 
        the Coast Guard designated--
                  ``(i) as a marine inspector and serving in a 
                position as a marine inspector; or
                  ``(ii) in writing by the Secretary to have 
                access to those files.
  ``(4) For purposes of this section--
          ``(A) the term `offshore facility' means any 
        installation, structure, or other device (including any 
        vessel not documented under chapter 121 of this title 
        or the laws of another country) that is fixed or 
        floating, dynamically holds position or is temporarily 
        or permanently attached to the seabed or subsoil under 
        the sea, and is used for the purpose of exploring for, 
        developing, producing, or storing the resources from 
        that seabed or subsoil; and
          ``(B) the term `United States offshore facility' 
        means any offshore facility, fixed or floating, that 
        dynamically holds position or is temporarily or 
        permanently attached to the seabed or subsoil under the 
        territorial sea of the United States or the outer 
        Continental Shelf (as that term is defined in section 2 
        of the Outer Continental Shelf Lands Act (43 U.S.C. 
        1331)).''.

  At the end of title III add the following:

SEC. __. REQUIREMENT FOR PILOTS TO CARRY AND UTILIZE PORTABLE 
                    ELECTRONIC NAVIGATIONAL DEVICE.

  The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) 
is amended by inserting after section 4A the following:

``SEC. 4B. PORTABLE ELECTRONIC DEVICE FOR NAVIGATION PURPOSES.

  ``(a) In General.--The Commandant of the Coast Guard may 
issue regulations that--
          ``(1) require that any pilot licensed under subtitle 
        II of title 46, United States Code, while serving under 
        the authority of that license as pilot on a covered 
        vessel operating in waters designated in the regulation 
        shall carry and utilize a portable electronic device 
        that is--
                  ``(A) equipped for navigational purposes; and
                  ``(B) capable of being connected to an 
                Automatic Identification System; and
          ``(2) require such pilots to obtain training in the 
        use of such electronic devices, and prescribe 
        requirements for such training after consultation with 
        State or local pilotage authorities on specific 
        equipment and practices in the waters designated in the 
        regulation.
  ``(b) Determination of Need.--The Commandant shall consult 
with State or local pilotage authorities for the waters covered 
by the regulations to determine if the carriage and use of such 
portable electronic devices would improve safe navigation under 
local conditions and whether there is a need for mandatory 
carriage requirements.
  ``(c) Covered Vessel Defined.--In this section the term 
`covered vessel' means a self-propelled commercial vessel of 
300 gross tons or more that does not have an electronic chart 
prescribed under section 4A.''.

  At the end of title IV add the following:

SEC. __. NEWTOWN CREEK, NEW YORK CITY, NEW YORK.

  (a) Study.--The Administrator of the Environmental Protection 
Agency shall conduct a study on the public health, safety, and 
environmental concerns related to the underground petroleum 
spill on the Brooklyn shoreline of Newtown Creek, New York 
City, New York, in Greenpoint, Brooklyn, New York.
  (b) Full-Site Characterization and Collection of New Field 
Evidence.--In carrying out the study under this section, the 
Administrator shall conduct a full-site characterization of the 
underground petroleum spill, including the investigation, 
collection, and analysis of new and updated data and field 
evidence on the extent of the petroleum spill, including any 
portion of the spill that has been diluted into surrounding 
waters, and any surrounding soil contamination or soil vapor 
contamination.
  (c) Report.--Not later than one year after the date of 
enactment of this Act, the Administrator shall submit a report 
containing the results of the study to the Committee on 
Environment and Public Works and the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives.
  (d) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $5,000,000.

  Page 158, beginning at line 16, strike ``such information to 
the Secretary'' and insert ``to the Secretary all the entries 
entered in the ballast water record book during the preceding 
month, and transmit such additional information''.

  Page 172, after line 17, insert the following:

        ``The vessels to which this paragraph applies shall 
        conduct ballast water treatment in accordance with 
        subsection (f) when it applies.
                              ----------                              

2. An Amendment To Be Offered by Representative LaTaurette of Ohio, or 
                His Designee, Debatable for 10 minutes.

  In section 720 (page 257, line 10), after ``resources'' 
insert ``, including State and local government resources 
available in accordance with subsection (b),''.
                              ----------                              

 3. An Amendment To Be Offered by Representative Matsui of California, 
               or Her Designee, Debatable for 10 minutes.

  At the end of section 711 add the following new subsection:

  (d) Availability of Incident Data Via Internet.--
          (1) Website.--The Secretary shall maintain, on an 
        Internet site of the department in which the Coast 
        Guard is operating, a numerical accounting of the 
        missing persons and alleged crimes in covered security 
        incidents for which the Secretary receives notification 
        under subsection (a). The data shall be updated no less 
        frequently than quarterly, aggregated by cruise line, 
        and each cruise line shall be identified by name.
          (2) Access to website.--Each cruise line taking on or 
        discharging passengers in the United States shall 
        include on its Internet site a link to the Internet 
        site referred to in paragraph (1), that is available to 
        the public.
                              ----------                              

 4. An Amendment To Be Offered by Representative Poe of Texas, or His 
                  Designee, Debatable for 10 minutes.

  At the end of the bill add the following new title:

             TITLE __--ADDITIONAL MISCELLANEOUS PROVISIONS

SEC. __. OPERATION OF SUBMERSIBLE OR SEMI-SUBMERSIBLE VESSEL WITHOUT 
                    NATIONALITY.

  (a) In General.--Chapter 111 of title 18, United States Code, 
is amended by adding at the end the following new section:

``Sec. 2285. Operation of submersible or semi-submersible vessel 
                    without nationality

  ``(a) Findings and Declarations.--Congress finds and declares 
that operating or embarking in a submersible or semi-
submersible vessel without nationality and on an international 
voyage is a serious international problem, facilitates 
transnational crime, including drug trafficking, and terrorism, 
and presents a specific threat to the safety of maritime 
navigation and the security of the United States.
  ``(b) Offenses.--
          ``(1) In general.--Whoever knowingly or intentionally 
        operates by any means or embarks in any submersible or 
        semi-submersible vessel that is without nationality and 
        that is navigating or has navigated into, through or 
        from waters beyond the outer limit of the territorial 
        sea of a single country or a lateral limit of that 
        country's territorial sea with an adjacent country, 
        shall be punished as prescribed in subsection (h).
          ``(2) Attempts and conspiracies.--Whoever attempts or 
        conspires to violate this section shall be punished as 
        prescribed in subsection (h).
  ``(c) Definitions.--In this section, the term--
          ``(1) `submersible vessel' means a vessel that is 
        capable of operating below the surface of the water, 
        and includes manned and unmanned watercraft.
          ``(2) `semi-submersible vessel' means any watercraft 
        constructed or adapted to be capable of putting much of 
        its bulk under the surface of the water.
          ``(3) `vessel without nationality' has the same 
        meaning as section 70502(d) of title 46.
  ``(d) Extraterritorial Jurisdiction.--There is 
extraterritorial Federal jurisdiction over the offenses 
described in this section, including an attempt or conspiracy 
to commit such offense.
  ``(e) Claim of Nationality or Registry.--
          ``(1) A claim of nationality or registry under this 
        section includes only--
                  ``(A) possession on board the vessel and 
                production of documents evidencing the vessel's 
                nationality as provided in article 5 of the 
                1958 Convention on the High Seas;
                  ``(B) flying its nation's ensign or flag; or
                  ``(C) a verbal claim of nationality or 
                registry by the master or individual in charge 
                of the vessel.
          ``(2) The failure of any submersible or semi-
        submersible vessel to display registry numbers or a 
        national ensign or flag shall create a rebuttable 
        presumption that the vessel is without nationality, as 
        defined in this section.
  ``(f) Federal Activities.--Nothing in this section applies to 
lawfully authorized activities carried out by or at the 
direction of the United States Government.
  ``(g) Applicability of Other Provisions.--Sections 70504 and 
70505 of title 46 apply to this section.
  ``(h) Penalties.--
          ``(1) Violations.--A person violating this section 
        shall be fined under this title, imprisoned not more 
        than 20 years, or both.
          ``(2) Consecutive sentence.--Notwithstanding any 
        other provision of law, a term of imprisonment imposed 
        under this section shall be consecutive to the sentence 
        of imprisonment for any other offense.''.
  (b) Conforming Amendment.--The table of sections for chapter 
111 of title 18, United States Code, is amended by adding at 
the end the following new item:

``2285. Operation of submersible or semi-submersible vessel without 
          nationality.''.
                    ____________________________________________________

                                     

5. An Amendment To Be Offered by Representative McNerney of California, 
               or His Designee, Debatable for 10 Minutes

  At the end of the bill add the following new title:

             TITLE __--ADDITIONAL MISCELLANEOUS PROVISIONS

SEC. __. LEGAL AUTHORITY OF THE COAST GUARD TO CARRY OUT ITS HOMELAND 
                    SECURITY MISSIONS NOT IMPAIRED.

  The provisions of this Act governing the marine safety 
mission of the Coast Guard shall not impair the legal authority 
of the Coast Guard to carry out its homeland security missions 
including--
          (1) protecting ports, waterways, coastal security, 
        and the marine transportation system from an act of 
        terrorism;
          (2) securing our borders against aliens seeking to 
        unlawfully enter the United States, illegal drugs, 
        firearms, and weapons of mass destruction at ports, 
        waterways, and throughout the marine transportation 
        system;
          (3) preventing human smuggling operations at ports, 
        waterways, and throughout the marine transportation 
        system;
          (4) maintaining defense readiness to rapidly deploy 
        defensive port operations and security operations and 
        environmental defense operations;
          (5) coordinating efforts and intelligence with 
        Federal, State, and local agencies to deter, detect, 
        and respond to the threat of terrorism at ports, on 
        waterways, and throughout the marine transportation 
        system;
          (6) preventing Osama Bin Laden, al Qaeda, or any 
        other terrorist or terrorist organization from 
        attacking the United States or any United States 
        person;
          (7) protecting the United States or any United States 
        person from threats posed by weapons of mass 
        destruction or other threats to national security.
                              ----------                              

 6. An Amendment To Be Offered by Representative Bilirakis of Florida, 
               or His Designee, Debatable for 10 Minutes

  Strike section 708 and insert the following:

SEC. 708. MARITIME BIOMETRIC IDENTIFICATION.

  (a) In General.--Within one year after the date of the 
enactment of this Act, the Secretary of Homeland Security, 
acting through the Commandant of the Coast Guard, shall 
conduct, in the maritime environment, a program for the mobile 
biometric identification of suspected individuals, including 
terrorists, to enhance border security and for other purposes.
  (b) Requirements.--The Secretary shall ensure the program 
required in this section is coordinated with other biometric 
identification programs within the Department of Homeland 
Security.
  (c) Cost Analysis.--Within 90 days after the date of the 
enactment of this Act, the Secretary shall submit to the 
Committees on Appropriations and Homeland Security of the House 
of Representatives and the Committees on Appropriations and 
Homeland Security and Governmental Affairs of the Senate an 
analysis of the cost of expanding the Coast Guard's biometric 
identification capabilities for use by the Coast Guard's 
Deployable Operations Group, cutters, stations, and other 
deployable maritime teams considered appropriate by the 
Secretary, and any other appropriate Department of Homeland 
Security maritime vessels and units. The analysis may include a 
tiered plan for the deployment of this program that gives 
priority to vessels and units more likely to encounter 
individuals suspected of making illegal border crossings 
through the maritime environment.
  (d) Definition.--For the purposes of this section, the term 
``biometric identification'' means use of fingerprint and 
digital photography images.
                              ----------                              

       7. An Amendment To Be Offered by Representative Markey of 
        Massachusetts, or His Designee, Debatable for 10 Minutes

  At the end of title VII add the following:

SEC. 708. REVIEW OF LIQUEFIED NATURAL GAS FACILITIES.

  (a) Notice of Determination.--Consistent with other 
provisions of law, the Secretary of Homeland Security must 
notify the Federal Energy Regulatory Commission when a 
determination is made that the waterway to a proposed waterside 
liquefied natural gas facility is suitable or unsuitable for 
the marine traffic associated with such facility.
  (b) Federal Energy Regulatory Commission Response.--The 
Federal Energy Regulatory Commission shall respond to the 
Secretary's determination under subsection (a) by informing the 
Secretary within 90 days of notification or at the conclusion 
of any available appeal process, whichever is later, of what 
action the Commission has taken, pursuant to its authorities 
under the Natural Gas Act, regarding a proposal to construct 
and operate a waterside liquefied natural gas facility subject 
to a determination made under subsection (a).
                              ----------                              

8. An Amendment To Be Offered by Representative Lofgren of California, 
               or Her Designee, Debatable for 10 Minutes

  At the end of title VII add the following:

SEC. __. USE OF SECONDARY AUTHENTICATION FOR TRANSPORTATION SECURITY 
                    CARDS.

  The Secretary of Homeland Security may use a secondary 
authentication system for individuals applying for 
transportation security cards when fingerprints are not able to 
be taken or read to enhance transportation security.
                              ----------                              

9. An Amendment To Be Offered by Representative Bishop of New York, or 
                 His Designee, Debatable for 10 Minutes

  At the end of title VII add the following:

SEC. __. REPORT ON STATE AND LOCAL LAW ENFORCEMENT AUGMENTATION OF 
                    COAST GUARD RESOURCES WITH RESPECT TO SECURITY 
                    ZONES AND UNITED STATES PORTS.

  Not later than 180 days after the date of enactment of this 
Act, the Secretary of the department in which the Coast Guard 
is operating shall submit to the Committees on Transportation 
and Infrastructure and Homeland Security of the House of 
Representatives and the Committees on Commerce, Science, and 
Transportation and Homeland Security and Governmental Affairs 
of the Senate a report on the extent to which State and local 
law enforcement entities are augmenting Coast Guard resources 
by enforcing Coast Guard-imposed security zones around vessels 
transiting to, through, or from United States ports and 
conducting port security patrols. At a minimum, the report 
shall specify--
          (1) the number of ports in which State and local law 
        enforcement entities are providing any services to 
        enforce Coast Guard-imposed security zones around 
        vessels transiting to, through, or from United States 
        ports or to conduct security patrols in United States 
        ports;
          (2) the number of formal agreements entered into 
        between the Coast Guard and State and local law 
        enforcement entities to engage State and local law 
        enforcement entities in the enforcement of Coast Guard-
        imposed security zones around vessels transiting to, 
        through, or from United States ports or the conduct of 
        port security patrols in United States ports, the 
        duration of those agreements, and the aid that State 
        and local entities are engaged to provided through 
        these agreements;
          (3) the extent to which the Coast Guard has set 
        national standards for training, equipment, and 
        resources to ensure that State and local law 
        enforcement entities engaged in enforcing Coast Guard-
        imposed security zones around vessels transiting to, 
        through, or from United States ports or in conducting 
        port security patrols in United States ports (or both) 
        can deter to the maximum extent practicable a 
        transportation security incident (as that term is 
        defined in section 70101 of title 46, United States 
        Code);
          (4) the extent to which the Coast Guard has assessed 
        the ability of State and local law enforcement entities 
        to carry out the security assignments which they have 
        been engaged to perform, including their ability to 
        meet any national standards for training, equipment, 
        and resources that have been established by the Coast 
        Guard in order to ensure that these entities can deter 
        to the maximum extent practicable a transportation 
        security incident (as that term is defined in section 
        70101 of title 46, United States Code);
          (5) the extent to which State and local law 
        enforcement entities are able to meet national 
        standards for training, equipment, and resources 
        established by the Coast Guard to ensure that those 
        entities can deter to the maximum extent practicable a 
        transportation security incident (as that term is 
        defined in section 70101 of title 46, United States 
        Code);
          (6) the differences in law enforcement authority, and 
        particularly boarding authority, between the Coast 
        Guard and State and local law enforcement entities, and 
        the impact that these differences have on the ability 
        of State and local law enforcement entities to provide 
        the same level of security that the Coast Guard 
        provides during the enforcement of Coast Guard-imposed 
        security zones and the conduct of security patrols in 
        United States ports; and
          (7) the extent of resource, training, and equipment 
        differences between State and local law enforcement 
        entities and the Coast Guard units engaged in enforcing 
        Coast Guard-imposed security zones around vessels 
        transiting to, through, or from United States ports or 
        conducting security patrols in United States ports.
                              ----------                              

 10. An Amendment To Be Offered by Representative Broun of Georgia, or 
                 His Designee, Debatable for 10 Minutes

  Strikes titles X and XI.
                              ----------                              

 11. An Amendment To Be Offered by Representative Cuellar of Texas, or 
                 His Designee, Debatable for 10 Minutes

  Add at the end the following:

             TITLE __--ADDITIONAL MISCELLANEOUS PROVISIONS

SEC. __. MISSION REQUIREMENT ANALYSIS FOR NAVIGABLE PORTIONS OF THE RIO 
                    GRANDE RIVER, TEXAS, INTERNATIONAL WATER BOUNDARY.

  Not later than 90 days after the date of the enactment of 
this Act, the Secretary of the department in which the Coast 
Guard is operating shall prepare a mission requirement analysis 
for the navigable portions of the Rio Grande River, Texas, 
international water boundary. The analysis shall take into 
account the Coast Guard's involvement on the Rio Grande River 
by assessing Coast Guard missions, assets, and personnel 
assigned along the Rio Grande River. The analysis shall also 
identify what would be needed for the Coast Guard to increase 
search and rescue operations, migrant interdiction operations, 
and drug interdiction operations.
                              ----------                              

 12. An Amendment To Be Offered by Representative Kirk of Illinois, or 
                 His Designee, Debatable for 10 Minutes

  Page 184, line 22, after ``subparagraph (A)'' insert ``or 
(B).''
                              ----------                              

13. An Amendment To Be Offered by Representative Smith of Texas, or His 
                   Designee, Debatable for 10 Minutes

  Add at the end the following:

                       TITLE XII--ALIEN SMUGGLING

SEC. 1201. MARITIME LAW ENFORCEMENT.

  (a) Penalties.--Subsection (b) of section 2237 of title 18, 
United States Code, is amended to read as follows:
  ``(b)(1) Whoever intentionally violates this section shall, 
unless the offense is described in paragraph (2), be fined 
under this title or imprisoned for not more than 5 years, or 
both.
  ``(2) If the offense--
          ``(A) is committed in the course of a violation of 
        section 274 of the Immigration and Nationality Act 
        (alien smuggling); chapter 77 (peonage, slavery, and 
        trafficking in persons), section 111 (shipping), 111A 
        (interference with vessels), 113 (stolen property), or 
        117 (transportation for illegal sexual activity) of 
        this title; chapter 705 (maritime drug law enforcement) 
        of title 46, or title II of the Act of June 15, 1917 
        (Chapter 30; 40 Stat. 220), the offender shall be fined 
        under this title or imprisoned for not more than 10 
        years, or both;
          ``(B) results in serious bodily injury (as defined in 
        section 1365 of this title) or transportation under 
        inhumane conditions, the offender shall be fined under 
        this title, imprisoned not more than 15 years, or both; 
        or
          ``(C) results in death or involves kidnapping, an 
        attempt to kidnap, the conduct required for aggravated 
        sexual abuse (as defined in section 2241 without regard 
        to where it takes place), or an attempt to commit such 
        abuse, or an attempt to kill, be fined under such title 
        or imprisoned for any term of years or life, or 
        both.''.
  (b) Limitation on Necessity Defense.--Section 2237(c) of 
title 18, United States Code, is amended--
          (1) by inserting ``(1)'' after ``(c)'';
          (2) by adding at the end the following:
  ``(2) In a prosecution for a violation of this section, no 
defense based on necessity can be raised unless the defendant--
          ``(A) as soon as practicable upon reaching shore, 
        delivered the person with respect to which the 
        necessity arose to emergency medical or law enforcement 
        personnel;
          ``(B) as soon as practicable, reported to the Coast 
        Guard the circumstances of the necessity resulting 
        giving rise to the defense; and
          ``(C) did not bring, attempt to bring, or in any 
        manner intentionally facilitate the entry of any alien, 
        as that term is defined in section 101(a)(3) of the 
        Immigration and Nationality Act (8 U.S.C. 1101 (a)(3)), 
        into the land territory of the United States without 
        lawful authority, unless exigent circumstances existed 
        that placed the life of that alien in danger, in which 
        case the reporting requirement of subparagraph (B) is 
        satisfied by notifying the Coast Guard as soon as 
        practicable after delivering that person to emergency 
        medical or law enforcement personnel ashore.''.
  (c) Definition.--Section 2237(e) of title 18, United States 
Code, is amended--
          (1) by striking ``and'' at the end of paragraph (3);
          (2) by striking the period at the end of paragraph 
        (4) and inserting ``; and''; and
          (3) by adding at the end the following:
          ``(5) the term `transportation under inhumane 
        conditions' means the transportation of persons in an 
        engine compartment, storage compartment, or other 
        confined space, transportation at an excessive speed, 
        transportation of a number of persons in excess of the 
        rated capacity of the means of transportation, or 
        intentionally grounding a vessel in which persons are 
        being transported.''.

SEC. 1202. AMENDMENT TO THE SENTENCING GUIDELINES.

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

  In the table of sections in section 2 of the bill add at the 
end the following:

                      ``TITLE XII--ALIEN SMUGGLING

``Sec. 1201. Maritime law enforcement.
``Sec. 1202. Amendment to the sentencing guidelines.''.
                    ____________________________________________________

 14. An Amendment To Be Offered By Representative Jackson Lee of Texas 
               or Her Designee, Debatable for 10 Minutes

  At the end of title VII add the following new section:

SEC. __. ASSESSMENT OF TRANSPORTATION SECURITY CARD ENROLLMENT SITES.

  (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall 
prepare an assessment of the enrollment sites for 
transportation security cards issued under section 70105 of 
title 46, United States Code, including--
          (1) the feasibility of keeping those enrollment sites 
        open 24 hours per day, and 7 days per week, in order to 
        better handle the large number of applications for such 
        cards;
          (2) the feasibility of keeping those enrollment sites 
        open after September 25, 2008;
          (3) the quality of customer service, including the 
        periods of time individuals are kept on hold on the 
        telephone, whether appointments are kept, and 
        processing times for applications.
  (b) Timelines and Benchmarks.--The Secretary shall develop 
timelines and benchmarks for implementing the findings of the 
assessment as the Secretary deems necessary.
                              ----------                              

15. An Amendment To Be Offered by Representative Stupak of Michigan, or 
                 His Designee, Debatable for 10 Minutes

SEC. __. LAND CONVEYANCE, COAST GUARD PROPERTY IN MARQUETTE COUNTY, 
                    MICHIGAN, TO THE CITY OF MARQUETTE, MICHIGAN.

  (a) Conveyance Authorized.--The Commandant of the Coast Guard 
may convey, without consideration, to the City of Marquette, 
Michigan (in this section referred to as the ``City''), all 
right, title, and interest of the United States in and to a 
parcel of real property, together with any improvements 
thereon, located in Marquette County, Michigan, that is under 
the administrative control of the Coast Guard, consists of 
approximately 5.5 acres, and is commonly identified as Coast 
Guard Station Marquette and Lighthouse Point.
  (b) Retention of Certain Easements.--In conveying the 
property under subsection (a), the Commandant of the Coast 
Guard may retain such easements over the property as the 
Commandant considers appropriate for access to aids to 
navigation.
  (c) Limitations.--The property to be conveyed by subsection 
(a) may not be conveyed under that subsection until--
          (1) the Coast Guard has relocated Coast Guard Station 
        Marquette to a newly constructed station;
          (2) any environmental remediation required under 
        Federal law with respect to the property has been 
        completed;
          (3) the Commandant of the Coast Guard determines that 
        retention of the property by the United States is not 
        required to carry out Coast Guard missions or 
        functions.
  (d) Conditions of Transfer.--All conditions placed within the 
deed of title of the property to be conveyed under subsection 
(a) shall be construed as covenants running with the land.
  (e) Inapplicability of Screening or Other Requirements.--The 
conveyance of property authorized by subsection (a) shall be 
made without regard to the following;
          (1) Section 2696 of title 10, United States Code.
          (2) Chapter 5 of title 40, United States Code.
          (3) Any other provision of law relating to the 
        screening, evaluation, or administration of excess or 
        surplus Federal property prior to conveyance by the 
        Administrator of General Services.
  (f) Expiration of Authority.--The authority in subsection (a) 
shall expire on the date that is five years after the date of 
the enactment of this Act.
  (g) Description of Property.--The exact acreage and legal 
description of the property to be conveyed under subsection (a) 
shall be determined by a survey satisfactory to the Commandant 
of the Coast Guard. The cost of the survey shall be borne by 
the United States.
  (h) Additional Terms and Conditions.--The Commandant of the 
Coast Guard may require such additional terms and conditions in 
connection with the conveyance authorized by subsection (a) as 
the Commandant considers appropriate to protect the interests 
of the United States.

                                  
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