II 

Calendar No. 568 

110TH CONGRESS 

2D SESSION S. 1892 

[Report No. 110–261] 

To reauthorize the Coast Guard for fiscal year 2008, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 26, 2007 

Ms. CANTWELL (for herself, Ms. SNOWE, Mr. INOUYE, Mr. STEVENS, Mr. 

LAUTENBERG, and Mr. LOTT) introduced the following bill; which was 

read twice and referred to the Committee on Commerce, Science, and 

Transportation 

FEBRUARY 5, 2008 

Reported by Mr. INOUYE, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

To reauthorize the Coast Guard for fiscal year 2008, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Coast Guard Author5 ization Act for Fiscal Year 2008’’. 


wwoods2 on PRODPC68 with BILLS
2 

•S 1892 RS 

1 SEC. 2. TABLE OF CONTENTS. 

2 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—AUTHORIZATIONS 

Sec. 101. Authorization of appropriations. 

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

Sec. 103. Web-based risk management data system. 

TITLE II—ORGANIZATION 

Sec. 201. Vice commandant; vice admirals. 

Sec. 202. Merchant Mariner Medical Advisory Committee. 

Sec. 203. Authority to distribute funds through grants, cooperative agreements, 

and contracts to maritime authorities and organizations. 

Sec. 204. Assistance to foreign governments and maritime authorities; 

TITLE III—PERSONNEL 

Sec. 301. Emergency leave retention authority. 

Sec. 302. Legal assistance for Coast Guard reservists. 

Sec. 303. Reimbursement for certain medical-related travel expenses. 

Sec. 304. Number and distribution of commissioned officers on the active duty 

promotion list. 

Sec. 305. Reserve commissioned warrant officer to lieutenant program. 

Sec. 306. Enhanced status quo officer promotion system. 

Sec. 307. Appointment of civilian Coast Guard judges. 

Sec. 308. Coast Guard Participation in the Armed Forces Retirement Home 

(AFRH) System. 

TITLE IV—ADMINISTRATION 

Sec. 401. Cooperative Agreements for Industrial Activities. 

Sec. 402. Defining Coast Guard vessels and aircraft. 

Sec. 403. Specialized industrial facilities. 

Sec. 404. Authority to construct Coast Guard recreational facilities. 

TITLE V—SHIPPING AND NAVIGATION 

Sec. 501. Technical amendments to chapter 313 of title 46, United States 

Code. 

Sec. 502. Clarification of rulemaking authority. 

Sec. 503. Coast Guard to maintain LORAN–C navigation system. 

Sec. 504. Nantucket Sound ship channel weather buoy. 

Sec. 505. Limitation on maritime liens on fishing permits. 

Sec. 506. Vessel rebuild determinations. 

TITLE VI—MARITIME LAW ENFORCEMENT 

Sec. 601. Maritime law enforcement. 

TITLE VII—OIL POLLUTION PREVENTION 

Sec. 701. Rulemakings. 


wwoods2 on PRODPC68 with BILLS
3 

•S 1892 RS 

Sec. 702. Oil spill response capability. 

Sec. 703. Oil transfers from vessels. 

Sec. 704. Improvements to reduce human error and near-miss incidents. 

Sec. 705. Olympic Coast National Marine Sanctuary. 

Sec. 706. Prevention of small oil spills. 

Sec. 707. Improved coordination with tribal governments. 

Sec. 708. Report on the availability of technology to detect the loss of oil. 

Sec. 709. Use of oil spill liability trust fund. 

Sec. 710. International efforts on enforcement. 

Sec. 711. Grant project for development of cost-effective detection technologies. 

Sec. 712. Higher volume port area regulatory definition change. 

Sec. 713. Response tugs. 

Sec. 714. Tug escorts for laden oil tankers. 

Sec. 715. Extension of financial responsibility. 

Sec. 716. Vessel traffic risk assessments. 

Sec. 717. Oil spill liability trust fund investment amount. 

Sec. 718. Liability for use of unsafe single-hull vessels. 

TITLE VIII—MARITIME HAZARDOUS CARGO SECURITY 

Sec. 801. International committee for the safe and secure transportation of especially hazardous cargo. 

Sec. 802. Validation of compliance with ISPFC standards. 

Sec. 803. Safety and security assistance for foreign ports. 

Sec. 804. Coast Guard port assistance program. 

Sec. 805. EHC facility risk-based cost sharing. 

Sec. 806. Transportation security incident mitigation plan. 

Sec. 807. Incident command system training. 

Sec. 808. Pre-positioning interoperable communications equipment at interagency operational centers. 

Sec. 809. Definitions. 

TITLE IX—MISCELLANEOUS PROVISIONS 

Sec. 901. Marine mammals and sea turtles report. 

Sec. 902. Umpqua lighthouse land conveyance. 

Sec. 903. Lands to be held in trust. 

Sec. 904. Data. 

Sec. 905. Extension. 

Sec. 906. Forward operating facility. 

Sec. 907. Enclosed hangar at Air Station Barbers Point, Hawaii. 

Sec. 908. Conveyance of decommissioned Coast Guard Cutter STORIS. 

Sec. 909. Conveyance of the Presque Isle Light Station Fresnel Lens to 

Presque Isle Township, Michigan. 

Sec. 910. Repeals. 

Sec. 911. Report on ship traffic. 

Sec. 912. Small vessel exception from definition of fish processing vessel. 

Sec. 913. Right of first refusal for Coast Guard property on Jupiter Island, 

Florida. 

Sec. 914. Ship disposal working group. 

Sec. 915. Full multi-mission response station in Valdez, Alaska. 

Sec. 916. Protection and fair treatment of seafarers. 

Sec. 917. Icebreakers. 

Sec. 918. Fur Seal Act authorization. 

Sec. 919. Study of relocation of Coast Guard Sector Buffalo facilities. 


wwoods2 on PRODPC68 with BILLS
4 

•S 1892 RS 

Sec. 920. Conveyance of Point No Point historic lighthouse to Kitsap County, 

Washington. 

Sec. 921. Facility security plans. 

Sec. 922. Class action suits for crew wages on passenger vessels; deposit of seaman’s wages. 

Sec. 920. Sec. 923. Inspector General report on Coast Guard dive program. 

TITLE X—VESSEL CONVEYANCE 

Sec. 1001. Short title. 

Sec. 1002. Conveyance of United States vessels for public purposes. 

Sec. 1003. Working group on conveyance of United States vessels. 

Sec. 1004. Civil enforcement of conveyance conditions. 

Sec. 1005. Definitions. 

1 TITLE I—AUTHORIZATIONS 

2 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

3 Funds are authorized to be appropriated for nec4 essary expenses of the Coast Guard for fiscal year 2008 

5 as follows: 

6 (1) For the operation and maintenance of the 

7 Coast Guard, $5,894,295,000, of which $24,500,000 

8 is authorized to be derived from the Oil Spill Liabil9 ity Trust Fund to carry out the purposes of section 

10 1012(a)(5) of the Oil Pollution Act of 1990. 

11 (2) For the acquisition, construction, renova12 tion, and improvement of aids to navigation, shore 

13 and offshore facilities, vessels, and aircraft, includ14 ing equipment related thereto, $998,068,000, of 

15 which $20,000,000 shall be derived from the Oil 

16 Spill Liability Trust Fund to carry out the purposes 

17 of section 1012(a)(5) of the Oil Pollution Act of 

18 1990, to remain available until expended; such funds 

19 appropriated for personnel compensation and beneVerDate Aug 31 2005 02:50 Feb 06, 2008 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1892.RS S1892

wwoods2 on PRODPC68 with BILLS
5 

•S 1892 RS 

1 fits and related costs of acquisition, construction, 

2 and improvements shall be available for procurement 

3 of services necessary to carry out the Integrated 

4 Deepwater Systems program. 

5 (3) For retired pay (including the payment of 

6 obligations otherwise chargeable to lapsed appropria7 tions for this purpose), payments under the Retired 

8 Serviceman’s Family Protection and Survivor Ben9 efit Plans, and payments for medical care of retired 

10 personnel and their dependents under chapter 55 of 

11 title 10, United States Code, $1,184,720,000. 

12 (4) For environmental compliance and restora13 tion functions under chapter 19 of title 14, United 

14 States Code, $12,079,000. 

15 (5) For research, development, test, and evalua16 tion programs related to maritime technology, 

17 $17,583,000. 

18 (6) For operation and maintenance of the Coast 

19 Guard reserve program, $126,883,000. 

20 (7) For the construction of a new Chelsea 

21 Street Bridge in Chelsea, Massachusetts, 

22 $3,000,000. 


wwoods2 on PRODPC68 with BILLS
6 

•S 1892 RS 

1 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 

2 AND TRAINING. 

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

4 authorized an end-of-year strength of active duty per5 sonnel of 45,500 as of September 30, 2008. 

6 (b) MILITARY TRAINING STUDENT LOADS.—For fis7 cal year 2008, the Coast Guard is authorized average mili8 tary training student loads as follows: 

9 (1) For recruit and special training, 2,500 stu10 dent years. 

11 (2) For flight training, 165 student years. 

12 (3) For professional training in military and ci13 vilian institutions, 350 student years. 

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

15 SEC. 103. WEB-BASED RISK MANAGEMENT DATA SYSTEM. 

16 (a) IN GENERAL.—There are authorized to be appro17 priated $1,000,000 for each of fiscal years 2008 and 2009 

18 to the Secretary of the department in which the Coast 

19 Guard is operating to continue deployment of a World 

20 Wide Web-based risk management system to help reduce 

21 accidents and fatalities. 

22 (b) IMPLEMENTATION STATUS REPORT.—Within 90 

23 days after the date of enactment of this Act, the Com24 mandant of the Coast Guard shall submit a report to the 

25 Senate Committee on Commerce, Science, and Transpor26 tation on the status of implementation of the system. 


wwoods2 on PRODPC68 with BILLS
7 

•S 1892 RS 

1 TITLE II—ORGANIZATION 

2 SEC. 201. VICE COMMANDANT; VICE ADMIRALS. 

3 (a) VICE COMMANDANT.—The fourth sentence of sec4 tion 47 of title 14, United States Code, is amended by 

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

6 (b) VICE ADMIRALS.—Section 50 of such title is 

7 amended to read as follows: 

8 ‘‘§ 50. Vice admirals 

9 ‘‘(a)(1) The President may designate no more than 

10 4 positions of importance and responsibility that shall be 

11 held by officers who— 

12 ‘‘(A) while so serving, shall have the grade of 

13 vice admiral, with the pay and allowances of that 

14 grade; and 

15 ‘‘(B) shall perform such duties as the Com16 mandant may prescribe. 

17 ‘‘(2) The President may appoint, by and with the ad18 vice and consent of the Senate, and reappoint, by and with 

19 the advice and consent of the Senate, to any such position 

20 an officer of the Coast Guard who is serving on active 

21 duty above the grade of captain. The Commandant shall 

22 make recommendations for such appointments. 

23 ‘‘(b)(1) The appointment and the grade of vice admi24 ral shall be effective on the date the officer assumes that 

25 duty and, except as provided in paragraph (2) of this subVerDate Aug 31 2005 02:50 Feb 06, 2008 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1892.RS S1892

wwoods2 on PRODPC68 with BILLS
8 

•S 1892 RS 

1 section or in section 51(d) of this title, shall terminate 

2 on the date the officer is detached from that duty. 

3 ‘‘(2) An officer who is appointed to a position des4 ignated under subsection (a) shall continue to hold the 

5 grade of vice admiral— 

6 ‘‘(A) while under orders transferring the officer 

7 to another position designated under subsection (a), 

8 beginning on the date the officer is detached from 

9 that duty and terminating on the date before the 

10 day the officer assumes the subsequent duty, but not 

11 for more than 60 days; 

12 ‘‘(B) while hospitalized, beginning on the day of 

13 the hospitalization and ending on the day the officer 

14 is discharged from the hospital, but not for more 

15 than 180 days; and 

16 ‘‘(C) while awaiting retirement, beginning on 

17 the date the officer is detached from duty and end18 ing on the day before the officer’s retirement, but 

19 not for more than 60 days. 

20 ‘‘(c)(1) An appointment of an officer under sub21 section (a) does not vacate the permanent grade held by 

22 the officer. 

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

24 who holds the permanent grade of rear admiral (lower 

25 half) shall be considered for promotion to the permanent 


wwoods2 on PRODPC68 with BILLS
9 

•S 1892 RS 

1 grade of rear admiral as if the officer was serving in the 

2 officer’s permanent grade. 

3 ‘‘(d) Whenever a vacancy occurs in a position des4 ignated under subsection (a), the Commandant shall in5 form the President of the qualifications needed by an offi6 cer serving in that position or office to carry out effectively 

7 the duties and responsibilities of that position or office.’’. 

8 (c) REPEAL.—Section 50a of such title is repealed. 

9 (d) CONFORMING AMENDMENTS.—Section 51 of such 

10 title is amended— 

11 (1) by striking subsections (a), (b), and (c) and 

12 inserting the following: 

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

14 while serving in the grade of admiral or vice admiral, is 

15 retired for physical disability shall be placed on the retired 

16 list with the highest grade in which that officer served. 

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

18 retired while serving in the grade of admiral or vice admiral, or who, after serving at least 21 19 ⁄2 years in the grade 

20 of admiral or vice admiral, is retired while serving in a 

21 lower grade, may in the discretion of the President, be 

22 retired with the highest grade in which that officer served. 

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

after serving less than 21 24 ⁄2 years in the grade of admiral 


wwoods2 on PRODPC68 with BILLS
10 

•S 1892 RS 

1 or vice admiral, is retired while serving in a lower grade, 

2 shall be retired in his permanent grade.’’; and 

3 (2) by striking ‘‘Area Commander, or Chief of 

4 Staff’’ in subsection (d)(2) and inserting ‘‘or Vice 

5 Admiral’’. 

6 (e) CLERICAL AMENDMENTS.— 

7 (1) The section caption for section 47 of such 

8 title is amended to read as follows: 

9 ‘‘§ 47. Vice commandant; appointment’’. 

10 (2) The chapter analysis for chapter 3 of such 

11 title is amended— 

12 (A) by striking the item relating to section 

13 47 and inserting the following: 

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

14 (B) by striking the item relating to section 

15 50a; and 

16 (C) by striking the item relating to section 

17 50 and inserting the following: 

‘‘50. Vice admirals.’’. 

18 (f) TECHNICAL CORRECTION.—Section 47 of such 

19 title is further amended by striking ‘‘subsection’’ in the 

20 fifth sentence and inserting ‘‘section’’. 


wwoods2 on PRODPC68 with BILLS
11 

•S 1892 RS 

1 SEC. 202. MERCHANT MARINER MEDICAL ADVISORY COM2 MITTEE. 

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

4 States Code, is amended by adding at the end the fol5 lowing new section: 

6 ‘‘§ 55. Merchant Mariner Medical Advisory Committee 

7 ‘‘(a) ESTABLISHMENT; MEMBERSHIP; STATUS.— 

8 ‘‘(1) There is established a Merchant Mariner 

9 Medical Advisory Committee. 

10 ‘‘(2) The Committee shall consist of 12 mem11 bers, none of whom shall be a Federal employee— 

12 ‘‘(A) 10 of whom shall be health-care pro13 fessionals with particular expertise, knowledge, 

14 or experience regarding the medical examina15 tions of merchant mariners or occupational 

16 medicine; and 

17 ‘‘(B) 2 of whom shall be professional mari18 ners with knowledge and experience in mariner 

19 occupational requirements. 

20 ‘‘(3) Members of the Committee shall not be 

21 considered Federal employees or otherwise in the 

22 service or the employment of the Federal Govern23 ment, except that members shall be considered spe24 cial Government employees, as defined in section 

25 202(a) of title 18 and any administrative standards 


wwoods2 on PRODPC68 with BILLS
12 

•S 1892 RS 

1 of conduct applicable to the employees of the depart2 ment in which the Coast Guard is operating. 

3 ‘‘(b) APPOINTMENTS; TERMS; VACANCIES; ORGANI4 ZATION.— 

5 ‘‘(1) The Secretary shall appoint the members 

6 of the Committee, and each member shall serve at 

7 the pleasure of the Secretary. 

8 ‘‘(2) The members shall be appointed for a 

9 term of 3 years, except that, of the members first 

10 appointed, 3 members shall be appointed for a term 

11 of 2 years and 3 members shall be appointed for a 

12 term of 1 year. 

13 ‘‘(3) Any member appointed to fill the vacancy 

14 prior to the expiration of the term for which such 

15 member’s predecessor was appointed shall be ap16 pointed for the remainder of such term. 

17 ‘‘(4) The Secretary shall designate 1 member as 

18 the Chairman and 1 member as the Vice Chairman. 

19 The Vice Chairman shall act as Chairman in the ab20 sence or incapacity of, or in the event of a vacancy 

21 in the office of, the Chairman. 

22 ‘‘(5) No later than 6 months after the date of 

23 enactment of the Coast Guard Authorization Act for 

24 Fiscal Year 2008, the Committee shall hold its first 

25 meeting. 


wwoods2 on PRODPC68 with BILLS
13 

•S 1892 RS 

1 ‘‘(c) FUNCTION.—The Committee shall advise the 

2 Secretary on matters relating to— 

3 ‘‘(1) medical certification determinations for 

4 issuance of merchant mariner credentials; 

5 ‘‘(2) medical standards and guidelines for the 

6 physical qualifications of operators of commercial 

7 vessels; 

8 ‘‘(3) medical examiner education; and 

9 ‘‘(4) medical research. 

10 ‘‘(d) COMPENSATION; REIMBURSEMENT.—Members 

11 of the Committee shall serve without compensation, except 

12 that, while engaged in the performance of duties away 

13 from their homes or regular places of business of the mem14 ber, the member of the Committee may be allowed travel 

15 expenses, including per diem in lieu of subsistence, as au16 thorized by section 5703 of title 5. 

17 ‘‘(e) STAFF; SERVICES.—The Secretary shall furnish 

18 to the Committee such personnel and services as are con19 sidered necessary for the conduct of its business.’’. 

20 (b) CLERICAL AMENDMENT.—The analysis for chap21 ter 3 of such title is amended by adding at the end the 

22 following: 

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


wwoods2 on PRODPC68 with BILLS
14 

•S 1892 RS 

1 SEC. 203. AUTHORITY TO DISTRIBUTE FUNDS THROUGH 

2 GRANTS, COOPERATIVE AGREEMENTS, AND 

3 CONTRACTS TO MARITIME AUTHORITIES AND 

4 ORGANIZATIONS. 

5 Section 149 of title 14, United States Code, is 

6 amended by adding at the end the following: 

7 ‘‘(c) GRANTS TO INTERNATIONAL MARITIME ORGA8 NIZATIONS.—The Commandant may, after consultation 

9 with the Secretary of State, make grants to, or enter into 

10 cooperative agreements, contracts, or other agreements 

11 with, international maritime organizations for the purpose 

12 of acquiring information or data about merchant vessel in13 spections, security, safety and environmental require14 ments, classification, and port state or flag state law en15 forcement or oversight.’’. 

16 SEC. 204. ASSISTANCE TO FOREIGN GOVERNMENTS AND 

17 MARITIME AUTHORITIES. 

18 Section 149 of title 14, United States Code, as 

19 amended by section 203, is further amended by adding 

20 at the end the following: 

21 ‘‘(d) AUTHORIZED ACTIVITIES.— 

22 ‘‘(1) The Commandant may transfer or expend 

23 funds from any appropriation available to the Coast 

24 Guard for— 

25 ‘‘(A) the activities of traveling contact 

26 teams, including any transportation expense, 


wwoods2 on PRODPC68 with BILLS
15 

•S 1892 RS 

1 translation services expense, or administrative 

2 expense that is related to such activities; 

3 ‘‘(B) the activities of maritime authority li4 aison teams of foreign governments making re5 ciprocal visits to Coast Guard units, including 

6 any transportation expense, translation services 

7 expense, or administrative expense that is re8 lated to such activities; 

9 ‘‘(C) seminars and conferences involving 

10 members of maritime authorities of foreign gov11 ernments; 

12 ‘‘(D) distribution of publications pertinent 

13 to engagement with maritime authorities of for14 eign governments; and 

15 ‘‘(E) personnel expenses for Coast Guard 

16 civilian and military personnel to the extent 

17 that those expenses relate to participation in an 

18 activity described in subparagraph (C) or (D). 

19 ‘‘(2) An activity may not be conducted under 

20 this subsection with a foreign country unless the 

21 Secretary of State approves the conduct of such ac22 tivity in that foreign country.’’. 


wwoods2 on PRODPC68 with BILLS
16 

•S 1892 RS 

1 TITLE III—PERSONNEL 

2 SEC. 301. EMERGENCY LEAVE RETENTION AUTHORITY. 

3 Section 701(f)(2) of title 10, United States Code, is 

4 amended by inserting ‘‘or a declaration of a major disaster 

5 or emergency by the President under the Robert T. Staf6 ford Disaster Relief and Emergency Assistance Act (Pub7 lic Law 93–288, 42 U.S.C. 5121 et seq.)’’ after ‘‘oper8 ation’’. 

9 SEC. 302. LEGAL ASSISTANCE FOR COAST GUARD RESERV10 ISTS. 

11 Section 1044(a)(4) of title 10, United States Code, 

12 is amended— 

13 (1) by striking ‘‘(as determined by the Sec14 retary of Defense),’’ and inserting ‘‘(as determined 

15 by the Secretary of Defense and the Secretary of the 

16 department in which the Coast Guard is operating, 

17 with respect to the Coast Guard when it is not oper18 ating as a service of the Navy),’’; and 

19 (2) by striking ‘‘prescribed by the Secretary of 

20 Defense,’’ and inserting ‘‘prescribed by Secretary of 

21 Defense and the Secretary of the department in 

22 which the Coast Guard is operating, with respect to 

23 the Coast Guard when it is not operating as a serv24 ice of the Navy,’’. 


wwoods2 on PRODPC68 with BILLS
17 

•S 1892 RS 

1 SEC. 303. REIMBURSEMENT FOR CERTAIN MEDICAL-RE2 LATED TRAVEL EXPENSES. 

3 Section 1074i(a) of title 10, United States Code, is 

4 amended— 

5 (1) by striking ‘‘IN GENERAL.—In’’ and insert6 ing ‘‘IN GENERAL.—(1) In’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(2) In any case in which a covered beneficiary re9 sides on an INCONUS island that lacks public access 

10 roads to the mainland and is referred by a primary care 

11 physician to a specialty care provider on the mainland who 

12 provides services less than 100 miles from the location in 

13 which the beneficiary resides, the Secretary shall reim14 burse the reasonable travel expenses of the covered bene15 ficiary, and, when accompaniment by an adult is nec16 essary, for a parent or guardian of the covered beneficiary 

17 or another member of the covered beneficiary’s family who 

18 is at least 21 years of age.’’. 

19 SEC. 304. NUMBER AND DISTRIBUTION OF COMMISSIONED 

20 OFFICERS ON THE ACTIVE DUTY PROMOTION 

21 LIST. 

22 (a) IN GENERAL.—Section 42 of title 14, United 

23 States Code, is amended— 

24 (1) by striking subsections (a), (b), and (c) and 

25 inserting the following: 


wwoods2 on PRODPC68 with BILLS
18 

•S 1892 RS 

1 ‘‘(a) The total number of Coast Guard commissioned 

2 officers on the active duty promotion list, excluding war3 rant officers, shall not exceed 6,700. This total number 

4 may be temporarily increased up to 2 percent for no more 

5 than the 60 days that follow the commissioning of a Coast 

6 Guard Academy class. 

7 ‘‘(b) The total number of commissioned officers au8 thorized by this section shall be distributed in grade not 

9 to exceed the following percentages: 

10 ‘‘(1) 0.375 percent for rear admiral. 

11 ‘‘(2) 0.375 percent for rear admiral (lower 

12 half). 

13 ‘‘(3) 6.0 percent for captain. 

14 ‘‘(4) 15.0 percent for commander. 

15 ‘‘(5) 22.0 percent for lieutenant commander. 

16 The Secretary shall prescribe the percentages applicable 

17 to the grades of lieutenant, lieutenant (junior grade), and 

18 ensign. The Secretary may, as the needs of the Coast 

19 Guard require, reduce any of the percentages set forth in 

20 paragraphs (1) through (5) and apply that total percent21 age reduction to any other lower grade or combination of 

22 lower grades. 

23 ‘‘(c) The Secretary shall, at least once a year, com24 pute the total number of commissioned officers authorized 

25 to serve in each grade by applying the grade distribution 


wwoods2 on PRODPC68 with BILLS
19 

•S 1892 RS 

1 percentages of this section to the total number of commis2 sioned officers listed on the current active duty promotion 

3 list. In making such calculations, any fraction shall be 

4 rounded to the nearest whole number. The number of com5 missioned officers on the active duty promotion list serving 

6 with other departments or agencies on a reimbursable 

7 basis or excluded under the provisions of section 324(d) 

8 of title 49, shall not be counted against the total number 

9 of commissioned officers authorized to serve in each 

10 grade.’’; 

11 (2) by striking subsection (e) and inserting the 

12 following: 

13 ‘‘(e) The number of officers authorized to be serving 

14 on active duty in each grade of the permanent commis15 sioned teaching staff of the Coast Guard Academy and 

16 of the Reserve serving in connection with organizing, ad17 ministering, recruiting, instructing, or training the reserve 

18 components shall be prescribed by the Secretary.’’; and 

19 (3) by striking the caption of such section and 

20 inserting the following: 

21 ‘‘§ 42. Number and distribution of commissioned offi22 cers on the active duty promotion list’’. 

23 (b) CLERICAL AMENDMENT.—The chapter analysis 

24 for chapter 3 of such title is amended by striking the item 

25 relating to section 42 and inserting the following: 


wwoods2 on PRODPC68 with BILLS
20 

•S 1892 RS 

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

1 SEC. 305. RESERVE COMMISSIONED WARRANT OFFICER TO 

2 LIEUTENANT PROGRAM. 

3 Section 214(a) of title 14, United States Code, is 

4 amended to read as follows: 

5 ‘‘(a) The President may appoint temporary commis6 sioned officers— 

7 ‘‘(1) in the Regular Coast Guard in a grade, 

8 not above lieutenant, appropriate to their qualifica9 tions, experience, and length of service, as the needs 

10 of the Coast Guard may require, from among the 

11 commissioned warrant officers, warrant officers, and 

12 enlisted members of the Coast Guard, and from li13 censed officers of the United States merchant ma14 rine; and 

15 ‘‘(2) in the Coast Guard Reserve in a grade, 

16 not above lieutenant, appropriate to their qualifica17 tions, experience, and length of service, as the needs 

18 of the Coast Guard may require, from among the 

19 commissioned warrant officers of the Coast Guard 

20 Reserve.’’. 

21 SEC. 306. ENHANCED STATUS QUO OFFICER PROMOTION 

22 SYSTEM. 

23 (a) Section 253(a) of title 14, United States Code, 

24 is amended— 


wwoods2 on PRODPC68 with BILLS
21 

•S 1892 RS 

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

2 (2) by striking ‘‘consideration, and the number 

3 of officers the board may recommend for promotion’’ 

4 and inserting ‘‘consideration’’. 

5 (b) Section 258 of such title is amended— 

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

7 and 

8 (2) by adding at the end the following: 

9 ‘‘(b) In addition to the information provided pursuant 

10 to subsection (a), the Secretary may furnish the selection 

11 board— 

12 ‘‘(1) specific direction relating to the needs of 

13 the service for officers having particular skills, in14 cluding direction relating to the need for a minimum 

15 number of officers with particular skills within a 

16 specialty; and 

17 ‘‘(2) such other guidance that the Secretary be18 lieves may be necessary to enable the board to prop19 erly perform its functions. 

20 Selections made based on the direction and guidance pro21 vided under this subsection shall not exceed the maximum 

22 percentage of officers who may be selected from below the 

23 announced promotion zone at any given selection board 

24 convened under section 251 of this title.’’. 


wwoods2 on PRODPC68 with BILLS
22 

•S 1892 RS 

1 (c) Section 259(a) of such title is amended by strik2 ing ‘‘board’’ the second place it appears and inserting 

3 ‘‘board, giving due consideration to the needs of the serv4 ice for officers with particular skills so noted in the spe5 cific direction furnished pursuant to section 258 of this 

6 title,’’. 

7 (d) Section 260(b) of such title is amended by insert8 ing ‘‘to meet the needs of the service (as noted in the spe9 cific direction furnished the board under section 258 of 

10 this title)’’ after ‘‘qualified for promotion’’. 

11 SEC. 307. APPOINTMENT OF CIVILIAN COAST GUARD 

12 JUDGES. 

13 Section 875 of the Homeland Security Act of 2002 

14 (6 U.S.C. 455) is amended— 

15 (1) by redesignating subsection (c) as sub16 section (d); and 

17 (2) by inserting after subsection (b) the fol18 lowing: 

19 ‘‘(c) APPOINTMENT OF JUDGES.—The Secretary may 

20 appoint civilian employees of the Department of Homeland 

21 Security as appellate military judges, available for assign22 ment to the Coast Guard Court of Criminal Appeals as 

23 provided for in section 866(a) of title 10, United States 

24 Code.’’. 


wwoods2 on PRODPC68 with BILLS
23 

•S 1892 RS 

1 SEC. 308. COAST GUARD PARTICIPATION IN THE ARMED 

2 FORCES RETIREMENT HOME SYSTEM. 

3 (a) ELIGIBILITY UNDER THE ARMED FORCES RE4 TIREMENT HOME ACT.—Section 1502 of the Armed 

5 Forces Retirement Home Act of 1991 (24 U.S.C. 401) 

6 is amended— 

7 (1) by striking ‘‘does not include the Coast 

8 Guard when it is not operating as a service of the 

9 Navy.’’ in paragraph (4) and inserting ‘‘has the 

10 meaning given such term in section 101(4) of title 

11 10.’’; 

12 (2) by striking ‘‘and’’ in paragraph (5)(C); 

13 (3) by striking ‘‘Affairs.’’ in paragraph (5)(D) 

14 and inserting ‘‘Affairs; and’’; 

15 (4) by adding at the end of paragraph (5) the 

16 following: 

17 ‘‘(E) the Assistant Commandant of the 

18 Coast Guard for Human Resources.’’; and 

19 (5) by adding at the end of paragraph (6) the 

20 following: 

21 ‘‘(E) The Master Chief Petty Officer of the 

22 Coast Guard.’’. 

23 (b) DEDUCTIONS.— 

24 (1) Section 2772 of title 10, United States 

25 Code, is amended— 


wwoods2 on PRODPC68 with BILLS
24 

•S 1892 RS 

1 (A) by striking ‘‘of the military depart2 ment’’ in subsection (a); 

3 (B) by striking ‘‘Armed Forces Retirement 

4 Home Board’’ in subsection (b) and inserting 

5 ‘‘Chief Operating Officer of the Armed Forces 

6 Retirement Home’’; and 

7 (C) by striking subsection (c). 

8 (2) Section 1007(i) of title 37, United States 

9 Code, is amended— 

10 (A) by striking ‘‘Armed Forces Retirement 

11 Home Board,’’ in paragraph (3) and inserting 

12 ‘‘Chief Operating Officer of the Armed Forces 

13 Retirement Home,’’; and 

14 (B) by striking ‘‘does not include the Coast 

15 Guard when it is not operating as a service of 

16 the Navy.’’ in paragraph (4) and inserting ‘‘has 

17 the meaning given such term in section 101(4) 

18 of title 10.’’. 

19 (c) EFFECTIVE DATE.—The amendments made by 

20 this section shall take effect on the first day of the first 

21 pay period beginning on or after January 1, 2008. 


wwoods2 on PRODPC68 with BILLS
25 

•S 1892 RS 

1 TITLE IV—ADMINISTRATION 

2 SEC. 401. COOPERATIVE AGREEMENTS FOR INDUSTRIAL 

3 ACTIVITIES. 

4 Section 151 of title 14, United States Code, is 

5 amended— 

6 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

7 ‘‘All orders’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(b) ORDERS AND AGREEMENTS FOR INDUSTRIAL

10 ACTIVITIES.—Under this section, the Coast Guard indus11 trial activities may accept orders and enter into reimburs12 able agreements with establishments, agencies, and de13 partments of the Department of Defense and the Depart14 ment of Homeland Security.’’. 

15 SEC. 402. DEFINING COAST GUARD VESSELS AND AIR16 CRAFT. 

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

18 States Code, is amended by inserting after section 638 the 

19 following new section: 

20 ‘‘§ 638a. Coast Guard vessels and aircraft defined 

21 ‘‘For the purposes of sections 637 and 638 of this 

22 title, the term Coast Guard vessels and aircraft means— 

23 ‘‘(1) any vessel or aircraft owned, leased, trans24 ferred to, or operated by the Coast Guard and under 

25 the command of a Coast Guard member; and or 


wwoods2 on PRODPC68 with BILLS
26 

•S 1892 RS 

1 ‘‘(2) any other vessel or aircraft under the tac2 tical control of the Coast Guard on which one or 

3 more members of the Coast Guard are assigned and 

4 conducting Coast Guard missions.’’. 

5 (b) CLERICAL AMENDMENT.—The chapter analysis 

6 for chapter 17 of such title is amended by inserting after 

7 the item relating to section 638 the following: 

‘‘638a. Coast Guard vessels and aircraft defined.’’. 

8 SEC. 403. SPECIALIZED INDUSTRIAL FACILITIES. 

9 (a) IN GENERAL.—Section 648 of title 14, United 

10 States Code, is amended— 

11 (1) by striking the section caption and inserting 

12 the following: 

13 ‘‘§ 648. Specialized industrial facilities’’; 

14 (2) by inserting ‘‘(a) IN GENERAL.—’’ before 

15 ‘‘The Secretary’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(b) PUBLIC-PRIVATE PARTNERSHIPS OR OTHER CO18 OPERATIVE ARRANGEMENTS.— 

19 ‘‘(1) IN GENERAL.—For purposes of entering 

20 into joint public-private partnerships or other coop21 erative arrangements for the performance of work to 

22 provide supplies or services for government use, the 

23 Coast Guard Yard, the Aviation Repair and Supply 

24 Center, or other similar Coast Guard industrial es25 tablishments may— 


wwoods2 on PRODPC68 with BILLS
27 

•S 1892 RS 

1 ‘‘(A) enter into agreements or other ar2 rangements with public or private entities, for3 eign or domestic; 

4 ‘‘(B) pursuant to contracts or other ar5 rangements, receive and retain funds from, or 

6 pay funds to, such public or private entities; or 

7 ‘‘(C) accept contributions of funds, mate8 rials, services, or the use of facilities from such 

9 public or private entities, subject to regulations 

10 promulgated by the Coast Guard. 

11 ‘‘(2) ACCOUNTING FOR FUNDS RECEIVED.— 

12 Amounts received under this subsection may be 

13 credited to the Coast Guard Yard Revolving Fund or 

14 other appropriate Coast Guard account. 

15 ‘‘(3) REIMBURSEMENT.—Any partnership, 

16 agreement, contract, or arrangement entered into 

17 under this section shall require the private entity to 

18 reimburse the Coast Guard for such entity’s propor19 tional share of the operating and capital costs of 

20 maintaining and operating such facility, as deter21 mined by the Commandant of the Coast Guard. 

22 ‘‘(4) NONINTERFERENCE.—No partnership, 

23 agreement, contract, or arrangement entered into 

24 under this section may interfere with the performVerDate Aug 31 2005 02:50 Feb 06, 2008 Jkt 069200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S1892.RS S1892

wwoods2 on PRODPC68 with BILLS
28 

•S 1892 RS 

1 ance of any operational or support function of the 

2 Coast Guard industrial establishment.’’. 

3 (b) CLERICAL AMENDMENT.—The chapter analysis 

4 for chapter 17 of such title is amended by striking item 

5 relating to section 648 and inserting the following: 

‘‘648. Specialized industrial facilities.’’. 

6 SEC. 404. AUTHORITY TO CONSTRUCT COAST GUARD REC7 REATIONAL FACILITIES. 

8 (a) GENERAL AUTHORITY.—Section 681 of title 14, 

9 United States Code, is amended— 

10 (1) in subsection (a)— 

11 (A) by striking ‘‘housing or military unac12 companied housing,’’ and inserting ‘‘housing, 

13 military unaccompanied housing, or Coast 

14 Guard recreational facilities,’’; and 

15 (B) by adding at the end the following: 

16 ‘‘(3) Coast Guard recreational facilities.’’; and 

17 (2) by striking ‘‘housing or military unaccom18 panied housing’’ in subsection (b) and inserting 

19 ‘‘housing, military unaccompanied housing, or Coast 

20 Guard recreational facilities’’. 

21 (b) DIRECT LOANS.—Section 682 of such title is 

22 amended— 

23 (1) by striking ‘‘housing.’’ in subsection (a)(1) 

24 and inserting ‘‘housing or facilities that the SecVerDate Aug 31 2005 02:50 Feb 06, 2008 Jkt 069200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S1892.RS S1892

wwoods2 on PRODPC68 with BILLS
29 

•S 1892 RS 

1 retary determines are suitable for use as Coast 

2 Guard recreational facilities.’’; and 

3 (2) by striking ‘‘housing.’’ in subsection (b)(1) 

4 and inserting ‘‘housing or facilities that the Sec5 retary determines are suitable for use as Coast 

6 Guard recreational facilities’’. 

7 (c) LEASING OF HOUSING TO BE CONSTRUCTED.— 

8 Section 683(a) of such title is amended by striking ‘‘units 

9 or military unaccompanied housing units’’ and inserting 

10 ‘‘units, military unaccompanied housing units, or Coast 

11 Guard recreational facilities’’. 

12 (d) LIMITED PARTNERSHIPS WITH ELIGIBLE ENTI13 TIES.—Section 684 of such title is amended— 

14 (1) by striking ‘‘housing.’’ in subsection (a) and 

15 inserting ‘‘housing or facilities that the Secretary de16 termines are suitable for use as Coast Guard rec17 reational facilities.’’; 

18 (2) by striking ‘‘construction of housing, means 

19 the total amount of the costs included in the basis 

20 of the housing’’ in subsection (b)(3) and inserting 

21 ‘‘construction of housing or facilities, means the 

22 total amount of the costs included in the basis of the 

23 housing or facilities’’; and 

24 (3) by inserting ‘‘or facilities’’ in subsection (c) 

25 after ‘‘housing units’’. 


wwoods2 on PRODPC68 with BILLS
30 

•S 1892 RS 

1 (e) DEPOSIT OF CERTAIN AMOUNTS IN COAST

2 GUARD HOUSING FUND.—Section 687 of such title is 

3 amended— 

4 (1) in subsection (b)— 

5 (A) in paragraph (2), by striking ‘‘housing 

6 or unaccompanied housing.’’ and inserting 

7 ‘‘housing, military unaccompanied housing, or 

8 Coast Guard recreational facilities.’’; and 

9 (B) in paragraph (3), by striking ‘‘and 

10 military unaccompanied housing.’’ and inserting 

11 ‘‘housing, military unaccompanied housing, and 

12 Coast Guard recreational facilities.’’; and 

13 (2) by striking ‘‘family and military unaccom14 panied housing units’’ in subsection (c)(1) and in15 serting ‘‘family, military unaccompanied housing 

16 units, and Coast Guard recreational facilities,’’. 

17 (f) REPORTS.—Section 688 of such title is amend18 ed— 

19 (1) by inserting after ‘‘housing units’’ in para20 graph (1) the following: ‘‘or Coast Guard rec21 reational facilities’’; and 

22 (2) by striking ‘‘housing and military unaccom23 panied housing’’ in paragraph (4) and inserting 

24 ‘‘housing, military unaccompanied housing, and 

25 Coast Guard recreational facilities’’. 


wwoods2 on PRODPC68 with BILLS
31 

•S 1892 RS 

1 (g) DEFINITIONS.—Section 680 of such title is 

2 amended— 

3 (1) by redesignating paragraphs (1) through 

4 (5) as paragraphs (2) through (6), respectively; 

5 (2) by inserting before paragraph (2), as redes6 ignated by paragraph (1) of this subsection, the fol7 lowing: 

8 ‘‘(1) The term ‘Coast Guard recreational facili9 ties’ means recreation lodging buildings, recreation 

10 housing units, and ancillary supporting facilities con11 structed, maintained, and used by the Coast Guard 

12 to provide rest and recreation amenities for military 

13 personnel.’’; and 

14 (3) by striking ‘‘housing units and ancillary 

15 supporting facilities or the improvement or rehabili16 tation of existing units’’ in paragraph (2), as redes17 ignated by paragraph (1) of this subsection, and in18 serting ‘‘housing units or Coast Guard recreational 

19 facilities and ancillary supporting facilities or the 

20 improvement or rehabilitation of existing units or fa21 cilities’’. 


wwoods2 on PRODPC68 with BILLS
32 

•S 1892 RS 

1 TITLE V—SHIPPING AND 

2 NAVIGATION 

3 SEC. 501. TECHNICAL AMENDMENTS TO CHAPTER 313 OF 

4 TITLE 46, UNITED STATES CODE. 

5 (a) IN GENERAL.—Chapter 313 of title 46, United 

6 States Code, is amended— 

7 (1) by striking ‘‘of Transportation’’ in sections 

8 31302, 31306, 31321, 31330, and 31343 each place 

9 it appears; 

10 (2) by striking ‘‘and’’ after the semicolon in 

11 section 31301(5)(F); 

12 (3) by striking ‘‘office.’’ in section 31301(6) 

13 and inserting ‘‘office; and’’; and 

14 (4) by adding at the end of section 31301 the 

15 following: 

16 ‘‘(7) ‘Secretary’ means the Secretary of the De17 partment of Homeland Security, unless otherwise 

18 noted.’’. 

19 (b) SECRETARY AS MORTGAGEE.—Section 31308 of 

20 such title is amended by striking ‘‘When the Secretary of 

21 Commerce or Transportation is a mortgagee under this 

22 chapter, the Secretary’’ and inserting ‘‘The Secretary of 

23 Commerce or Transportation, as a mortgagee under this 

24 chapter,’’. 


wwoods2 on PRODPC68 with BILLS
33 

•S 1892 RS 

1 (c) SECRETARY OF TRANSPORTATION.—Section 

2 31329(d) of such title is amended by striking ‘‘Secretary.’’ 

3 and inserting ‘‘Secretary of Transportation.’’. 

4 (d) MORTGAGEE.— 

5 (1) Section 31330(a)(1) of such title, as amend6 ed by subsection (a)(1) of this section, is amended— 

7 (A) by inserting ‘‘or’’ after the semicolon 

8 in subparagraph (B); 

9 (B) by striking ‘‘Secretary; or’’ in subpara10 graph (C) and inserting ‘‘Secretary.’’; and 

11 (C) by striking subparagraph (D). 

12 (2) Section 31330(a)(2) is amended— 

13 (A) by inserting ‘‘or’’ after the semicolon 

14 in subparagraph (B); 

15 (B) by striking ‘‘faith; or’’ in subpara16 graph (C) and inserting ‘‘faith.’’; and 

17 (C) by striking subparagraph (D). 

18 SEC. 502. CLARIFICATION OF RULEMAKING AUTHORITY. 

19 (a) IN GENERAL.—Chapter 701 of title 46, United 

20 States Code, is amended by adding at the end the fol21 lowing: 

22 ‘‘§ 70122. Regulations 

23 ‘‘Unless otherwise provided, the Secretary may issue 

24 regulations necessary to implement this chapter.’’. 


wwoods2 on PRODPC68 with BILLS
34 

•S 1892 RS 

1 (b) CLERICAL AMENDMENT.—The chapter analysis 

2 for chapter 701 of such title is amended by adding at the 

3 end the following new item: 

‘‘70122. Regulations.’’. 

4 SEC. 503. COAST GUARD TO MAINTAIN LORAN–C NAVIGA5 TION SYSTEM. 

6 (a) IN GENERAL.—The Secretary of Transportation 

7 shall maintain the LORAN–C navigation system until 

8 such time as the Secretary is authorized by statute, explic9 itly referencing this section, to cease operating the system. 

10 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to the Secretary of 

12 Transportation, in addition to funds authorized under sec13 tion 101 of this Act for the Coast Guard for operation 

14 of the LORAN–C system, for capital expenses related to 

15 the LORAN–C infrastructure, $25,000,000 for each of 

16 fiscal years 2008 and 2009. The Secretary of Transpor17 tation may transfer from the Federal Aviation Adminis18 tration and other agencies of the Department of Transpor19 tation such funds as may be necessary to reimburse the 

20 Coast Guard for related expenses. 

21 SEC. 504. NANTUCKET SOUND SHIP CHANNEL WEATHER 

22 BUOY. 

23 Within 180 days after the date of enactment of this 

24 Act, the National Weather Service shall deploy a weather 


wwoods2 on PRODPC68 with BILLS
35 

•S 1892 RS 

1 buoy adjacent to the main ship channel of Nantucket 

2 Sound. 

3 SEC. 505. LIMITATION ON MARITIME LIENS ON FISHING 

4 PERMITS. 

5 (a) IN GENERAL.—Subchapter I of chapter 313 of 

6 title 46, United States Code, is amended by adding at the 

7 end the following: 

8 ‘‘§ 31310. Limitation on maritime liens on fishing per9 mits 

10 ‘‘(a) IN GENERAL.—A maritime lien shall not attach 

11 to a permit that— 

12 ‘‘(1) authorizes use of a vessel to engage in 

13 fishing; and 

14 ‘‘(2) is issued under State or Federal law. 

15 ‘‘(b) LIMITATION ON ENFORCEMENT.—No civil ac16 tion may be brought to enforce a maritime lien on a permit 

17 described in subsection (a). 

18 ‘‘(c) LIMITATION ON STATUTORY CONSTRUCTION.— 

19 Nothing in subsections (a) and (b) shall be construed as 

20 imposing any limitation upon the authority of the Sec21 retary of Commerce to modify, suspend, revoke, or sanc22 tion any Federal fishery permit issued by the Secretary 

23 of Commerce or to bring a civil action to enforce such 

24 modification, suspension, revocation, or sanction.’’. 


wwoods2 on PRODPC68 with BILLS
36 

•S 1892 RS 

1 (b) CLERICAL AMENDMENT.—The analysis for such 

2 chapter is amended by inserting after the item relating 

3 to section 31309 the following: 

‘‘31310. Limitation on maritime liens on fishing permits.’’. 

4 SEC. 506. VESSEL REBUILD DETERMINATIONS. 

5 (a) IN GENERAL.—The Secretary of the department 

6 in which the Coast Guard is operating shall provide a re7 port on Coast Guard rebuild determinations under section 

8 67.177 of title 46, Code of Federal Regulations. Specifi9 cally, the report shall provide recommendations for— 

10 (1) improving the application of the ‘‘major 

11 component test’’ under such section; 

12 (2) a review of the application of the 

13 steelweight calculation thresholds under such sec14 tion; 

15 (3) recommendations for improving trans16 parency in the Coast Guard’s foreign rebuild deter17 mination process; and 

18 (4) recommendations on whether or not there 

19 should be limits or cumulative caps on the amount 

20 of steel work that can be done to the hull and super21 structure of a vessel in foreign shipyards over the 

22 life of the vessel. 

23 (b) REPORT DEADLINE.—The Secretary shall pro24 vide this report to the Senate Committee on Commerce, 

25 Science, and Transportation and the House of RepresentVerDate Aug 31 2005 02:50 Feb 06, 2008 Jkt 069200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S1892.RS S1892

wwoods2 on PRODPC68 with BILLS
37 

•S 1892 RS 

1 atives Committee on Transportation and Infrastructure 

2 within 90 days after the enactment of this Act. 

3 TITLE VI—MARITIME LAW 

4 ENFORCEMENT 

5 SEC. 601. MARITIME LAW ENFORCEMENT. 

6 (a) IN GENERAL.—Subtitle VII of title 46, United 

7 States Code, is amended by adding at the end the fol8 lowing: 

9 ‘‘CHAPTER 707—MARITIME LAW 

10 ENFORCEMENT 

‘‘Sec. 

‘‘70701. Offense. 

‘‘70702. Attempt or conspiracy. 

‘‘70703. Affirmative defenses. 

‘‘70704. Penalties. 

‘‘70705. Criminal forfeiture. 

‘‘70706. Civil forfeiture. 

‘‘70707. Extraterritorial jurisdiction. 

‘‘70708. Claim of failure to comply with international law; jurisdiction of court. 

‘‘70709. Federal activities. 

‘‘70710. Definitions. 

11 ‘‘§ 70701. Offense 

12 ‘‘It shall be unlawful for any person on board a cov13 ered vessel to transport or facilitate the transportation, 

14 harboring, or concealment of an alien on board such vessel 

15 knowing or having reason to believe that the alien is at16 tempting to unlawfully enter the United States. 

17 ‘‘§ 70702. Attempt or conspiracy 

18 ‘‘Any person on board a covered vessel who attempts 

19 or conspires to commit a violation of section 70701 shall 

20 be subject to the same penalties as those prescribed for 


wwoods2 on PRODPC68 with BILLS
38 

•S 1892 RS 

1 the violation, the commission of which was the object of 

2 the attempt or conspiracy. 

3 ‘‘§ 70703. Affirmative defenses 

4 ‘‘It is an affirmative defense to a prosecution under 

5 this section, which the defendant must prove by a prepon6 derance of the evidence, that— 

7 ‘‘(1)(A) the alien was on board pursuant to a 

8 rescue at sea, or was a stowaway; or 

9 ‘‘(B) the entry into the United States was a 

10 necessary response to an imminent threat of death 

11 or serious bodily injury to the alien; 

12 ‘‘(2) the defendant, as soon as reasonably prac13 ticable, informed the Coast Guard of the presence of 

14 the alien on the vessel and the circumstances of the 

15 rescue; and 

16 ‘‘(3) the defendant complied with all orders 

17 given by law enforcement officials of the United 

18 States. 

19 ‘‘§ 70704. Penalties 

20 ‘‘(a) IN GENERAL.—Any person who commits a viola21 tion of this chapter shall be fined or imprisoned, or both, 

22 in accordance with subsection (b) and (c) of this section. 

23 For purposes of subsection (b), each individual on board 

24 a vessel with respect to whom the violation occurs shall 

25 be treated as a separate violation. 


wwoods2 on PRODPC68 with BILLS
39 

•S 1892 RS 

1 ‘‘(b) FINES.—Any person who commits a violation of 

2 this chapter shall be fined not more than $100,000, except 

3 that— 

4 ‘‘(1) in any case in which the violation causes 

5 serious bodily injury to any person, regardless of 

6 where the injury occurs, the person shall be fined 

7 not more than $500,000; and 

8 ‘‘(2) in any case where the violation causes or 

9 results in the death of any person regardless of 

10 where the death occurs, the person shall be fined not 

11 more than $1,000,000, or both. 

12 ‘‘(c) IMPRISONMENT.—Any person who commits a 

13 violation of this chapter shall be imprisoned for not less 

14 than 3 nor more than 20 years, except that— 

15 ‘‘(1) in any case in which the violation causes 

16 serious bodily injury to any person, regardless of 

17 where the injury occurs, the person shall be impris18 oned for not less than 7 nor more than 30 years; 

19 and 

20 ‘‘(2) in any case where the violation causes or 

21 results in the death of any person regardless of 

22 where the death occurs, the person shall be impris23 oned for not less than 10 years nor more than life. 


wwoods2 on PRODPC68 with BILLS
40 

•S 1892 RS 

1 ‘‘§ 70705. Criminal forfeiture 

2 ‘‘The court, at the time of sentencing a person con3 victed of an offense under this chapter, shall order for4 feited to the United States any vessel used in the offense 

5 in the same manner and to the same extent as if it were 

6 a vessel used in an offense under section 274 of the Immi7 gration and Nationality Act (8 U.S.C. 1324). 

8 ‘‘§ 70706. Civil forfeiture 

9 ‘‘A vessel that has been used in the commission of 

10 a violation of this chapter shall be seized and subject to 

11 forfeiture in the same manner and to the same extent as 

12 if it were used in the commission of a violation of section 

13 274(a) of the Immigration and Nationality Act (8 U.S.C. 

14 1324(a)). 

15 ‘‘§ 70707. Extraterritorial jurisdiction 

16 ‘‘There is extraterritorial jurisdiction of an offense 

17 under this chapter. 

18 ‘‘§ 70708. Claim of failure to comply with inter19 national law; jurisdiction of court 

20 ‘‘A claim of failure to comply with international law 

21 in the enforcement of this chapter may be invoked as a 

22 basis for a defense solely by a foreign nation. A failure 

23 to comply with international law shall not divest a court 

24 of jurisdiction or otherwise constitute a defense to any 

25 proceeding under this chapter. 


wwoods2 on PRODPC68 with BILLS
41 

•S 1892 RS 

1 ‘‘§ 70709. Federal activities 

2 ‘‘Nothing in this chapter applies to otherwise lawful 

3 activities carried out by or at the direction of the United 

4 States Government. 

5 ‘‘§ 70710. Definitions 

6 ‘‘In this chapter: 

7 ‘‘(1) ALIEN.—The term ‘alien’ has the meaning 

8 given that term in section 70105(f). 

9 ‘‘(2) COVERED VESSEL.—The term ‘covered 

10 vessel’ means a vessel of the United States, or a ves11 sel subject to the jurisdiction of the United States, 

12 that is less than 300 gross tons (or an alternate ton13 nage prescribed by the Secretary under section 

14 14104 of this title) as measured under section 

15 14502 of this title. 

16 ‘‘(3) SERIOUS BODILY INJURY.—The term ‘seri17 ous bodily injury’ has the meaning given that term 

18 in section 1365 of title 18, United States Code. 

19 ‘‘(4) UNITED STATES.—The term ‘United 

20 States’ has the meaning given that term in section 

21 2101. 114. 

22 ‘‘(5) VESSEL OF THE UNITED STATES.—The 

23 term ‘vessel of the United States’ has the meaning 

24 given that term in section 70502. 

25 ‘‘(6) VESSEL SUBJECT TO THE JURISDICTION

26 OF THE UNITED STATES.—The term ‘vessel subject 


wwoods2 on PRODPC68 with BILLS
42 

•S 1892 RS 

1 to the jurisdiction of the United States’ has the 

2 meaning given that term in section 70502.’’. 

3 (b) CLERICAL AMENDMENT.—The analysis for such 

4 subtitle is amended by inserting after the item relating 

5 to chapter 705 the following: 

‘‘707. Maritime Law Enforcement ...............................................70701.’’. 

6 TITLE VII—OIL POLLUTION 

7 PREVENTION 

8 SEC. 701. RULEMAKINGS. 

9 (a) STATUS REPORT.— 

10 (1) IN GENERAL.—Within 90 days after the 

11 date of enactment of this Act, the Secretary shall 

12 provide a report to the Senate Committee on Com13 merce, Science, and Transportation and the House 

14 of Representatives Committee on Transportation 

15 and Infrastructure on the status of all Coast Guard 

16 rulemakings required (but for which no final rule 

17 has been issued as of the date of enactment of this 

18 Act)— 

19 (A) under the Oil Pollution Act of 1990 

20 (33 U.S.C. 2701 et seq.); and 

21 (B) for— 

22 (i) automatic identification systems 

23 required under section 70114 of title 46, 

24 United States Code; and 


wwoods2 on PRODPC68 with BILLS
43 

•S 1892 RS 

1 (ii) inspection requirements for towing 

2 vessels required under section 3306(j) of 

3 that title. 

4 (2) INFORMATION REQUIRED.—The Secretary 

5 shall include in the report required by paragraph 

6 (1)— 

7 (A) a detailed explanation with respect to 

8 each such rulemaking as to— 

9 (i) what steps have been completed; 

10 (ii) what areas remain to be ad11 dressed; and 

12 (iii) the cause of any delays; and 

13 (B) the date by which a final rule may rea14 sonably be expected to be issued. 

15 (b) FINAL RULES.—The Secretary shall issue a final 

16 rule in each pending rulemaking under the Oil Pollution 

17 Act of 1990 (33 U.S.C. 2701 et seq.) as soon as prac18 ticable, but in no event later than 18 months after the 

19 date of enactment of this Act. 

20 SEC. 702. OIL SPILL RESPONSE CAPABILITY. 

21 (a) SAFETY STANDARDS FOR TOWING VESSELS.—In 

22 promulgating regulations for towing vessels under chapter 

23 33 of title 46, United States Code, the Secretary of the 

24 department in which the Coast Guard is operating shall— 


wwoods2 on PRODPC68 with BILLS
44 

•S 1892 RS 

1 (1) give priority to completing such regulations 

2 for towing operations involving tank vessels; and 

3 (2) consider the possible application of stand4 ards that, as of the date of enactment of this Act, 

5 apply to self-propelled tank vessels, and any modi6 fications that may be necessary for application to 

7 towing vessels due to ship design, safety, and other 

8 relevant factors. 

9 (b) REDUCTION OF OIL SPILL RISK IN BUZZARDS

10 BAY.—No later than January 1, 2008, the Secretary of 

11 the department in which the Coast Guard is operating 

12 shall promulgate a final rule for Buzzards Bay, Massachu13 setts, pursuant to the notice of proposed rulemaking pub14 lished on March 29, 2006, (71 Fed. Reg. 15649), after 

15 taking into consideration public comments submitted pur16 suant to that notice, to adopt measures to reduce the risk 

17 of oil spills in Buzzards Bay, Massachusetts. 

18 (c) REPORTING.—The Secretary shall transmit an 

19 annual report to the Senate Committee on Commerce, 

20 Science, and Transportation and the House of Represent21 atives Committee on Resources on the extent to which 

22 tank vessels in Buzzards Bay, Massachusetts, are using 

23 routes recommended by the Coast Guard. 


wwoods2 on PRODPC68 with BILLS
45 

•S 1892 RS 

1 SEC. 703. OIL TRANSFERS FROM VESSELS. 

2 (a) REGULATIONS.—Within 1 year after the date of 

3 enactment of this Act, the Secretary shall promulgate reg4 ulations to reduce the risks of oil spills in operations in5 volving the transfer of oil from or to a tank vessel. The 

6 regulations— 

7 (1) shall focus on operations that have the 

8 highest risks of discharge, including operations at 

9 night and in inclement weather; and 

10 (2) shall consider— 

11 (A) requirements for use of equipment, 

12 such as putting booms in place for transfers; 

13 (B) operational procedures such as man14 ning standards, communications protocols, and 

15 restrictions on operations in high-risk areas; or 

16 (C) both such requirements and oper17 ational procedures. 

18 (b) APPLICATION WITH STATE LAWS.—The regula19 tions promulgated under subsection (a) do not preclude 

20 the enforcement of any State law or regulation the re21 quirements of which are at least as stringent as require22 ments under the regulations (as determined by the Sec23 retary) that— 

24 (1) applies in State waters; 


wwoods2 on PRODPC68 with BILLS
46 

•S 1892 RS 

1 (2) does not conflict with, or interfere with the 

2 enforcement of, requirements and operational proce3 dures under the regulations; and 

4 (3) has been enacted or promulgated before the 

5 date of enactment of this Act. 

6 SEC. 704. IMPROVEMENTS TO REDUCE HUMAN ERROR AND 

7 NEAR-MISS INCIDENTS. 

8 (a) REPORT.—Within 1 year after the date of enact9 ment of this Act, the Secretary shall transmit a report 

10 to the Senate Committee on Commerce, Science, and 

11 Transportation, the Senate Committee on Environment 

12 and Public Works, and the House of Representatives Com13 mittee on Transportation and Infrastructure that, using 

14 available data— 

15 (1) identifies the types of human errors that, 

16 combined, account for over 50 percent of all oil spills 

17 involving vessels that have been caused by human 

18 error in the past 10 years; 

19 (2) identifies the most frequent types of near20 miss oil spill incidents involving vessels such as colli21 sions, groundings, and loss of propulsion in the past 

22 10 years; 

23 (3) describes the extent to which there are gaps 

24 in the data with respect to the information required 


wwoods2 on PRODPC68 with BILLS
47 

•S 1892 RS 

1 under paragraphs (1) and (2) and explains the rea2 son for those gaps; and 

3 (4) includes recommendations by the Secretary 

4 to address the identified types of errors and inci5 dents and to address any such gaps in the data. 

6 (b) MEASURES.—Based on the findings contained in 

7 the report required by subsection (a), the Secretary shall 

8 take appropriate action, both domestically and at the 

9 International Maritime Organization, to reduce the risk 

10 of oil spills from human errors. 

11 SEC. 705. OLYMPIC COAST NATIONAL MARINE SANCTUARY. 

12 (a) OLYMPIC COAST NATIONAL MARINE SANCTUARY

13 AREA TO BE AVOIDED.—The Secretary and the Under 

14 Secretary of Commerce for Oceans and Atmosphere shall 

15 revise the area to be avoided off the coast of the State 

16 of Washington so that restrictions apply to all vessels re17 quired to prepare a response plan under section 311(j) of 

18 the Federal Water Pollution Control Act (33 U.S.C. 

19 1321(j)) (other than fishing or research vessels while en20 gaged in fishing or research within the area to be avoided). 

21 (b) EMERGENCY OIL SPILL DRILL.— 

22 (1) IN GENERAL.—In cooperation with the Sec23 retary, the Under Secretary of Commerce for Oceans 

24 and Atmosphere shall conduct a Safe Seas oil spill 

25 drill in the Olympic Coast National Marine SancVerDate Aug 31 2005 02:50 Feb 06, 2008 Jkt 069200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S1892.RS S1892

wwoods2 on PRODPC68 with BILLS
48 

•S 1892 RS 

1 tuary in fiscal year 2008. The Secretary and the 

2 Under Secretary of Commerce for Oceans and At3 mosphere jointly shall coordinate with other Federal 

4 agencies, State, local, and tribal governmental enti5 ties, and other appropriate entities, in conducting 

6 this drill. 

7 (2) OTHER REQUIRED DRILLS.—Nothing in 

8 this subsection supersedes any Coast Guard require9 ment for conducting emergency oil spill drills in the 

10 Olympic Coast National Marine Sanctuary. The Sec11 retary shall consider conducting regular field exer12 cises, such as National Preparedness for Response 

13 Exercise Program (PREP) in other national marine 

14 sanctuaries. 

15 (3) AUTHORIZATION OF APPROPRIATIONS.— 

16 There are authorized to be appropriated to the 

17 Under Secretary of Commerce for Oceans and At18 mosphere for fiscal year 2008 $700,000 to carry out 

19 this subsection. 

20 SEC. 706. PREVENTION OF SMALL OIL SPILLS. 

21 (a) IN GENERAL.—The Under Secretary of Com22 merce for Oceans and Atmosphere, in consultation with 

23 other appropriate agencies, shall establish an oil spill pre24 vention and education program for small vessels. The pro25 gram shall provide for assessment, outreach, and training 


wwoods2 on PRODPC68 with BILLS
49 

•S 1892 RS 

1 and voluntary compliance activities to prevent and improve 

2 the effective response to oil spills from vessels and facili3 ties not required to prepare a vessel response plan under 

4 the Federal Water Pollution Control Act, including rec5 reational vessels, commercial fishing vessels, marinas, and 

6 aquaculture facilities. The Under Secretary may provide 

7 grants to sea grant colleges and institutes designated 

8 under section 207 of the National Sea Grant College Pro9 gram Act (33 U.S.C. 1126) and to State agencies, tribal 

10 governments, and other appropriate entities to carry out— 

11 (1) regional assessments to quantify the source, 

12 incidence and volume of small oil spills, focusing ini13 tially on regions in the country where, in the past 

14 10 years, the incidence of such spills is estimated to 

15 be the highest; 

16 (2) voluntary, incentive-based clean marina pro17 grams that encourage marina operators, recreational 

18 boaters and small commercial vessel operators to en19 gage in environmentally sound operating and main20 tenance procedures and best management practices 

21 to prevent or reduce pollution from oil spills and 

22 other sources; 

23 (3) cooperative oil spill prevention education 

24 programs that promote public understanding of the 

25 impacts of spilled oil and provide useful information 


wwoods2 on PRODPC68 with BILLS
50 

•S 1892 RS 

1 and techniques to minimize pollution including meth2 ods to remove oil and reduce oil contamination of 

3 bilge water, prevent accidental spills during mainte4 nance and refueling and properly cleanup and dis5 pose of oil and hazardous substances; and 

6 (4) support for programs, including outreach 

7 and education to address derelict vessels and the 

8 threat of such vessels sinking and discharging oil 

9 and other hazardous substances, including outreach 

10 and education to involve efforts to the owners of 

11 such vessels. 

12 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to the Under Secretary 

14 of Commerce for Oceans and Atmosphere to carry out this 

15 section, $10,000,000 annually for each of fiscal years 

16 2008 through 2012. 

17 SEC. 707. IMPROVED COORDINATION WITH TRIBAL GOV18 ERNMENTS. 

19 (a) IN GENERAL.—Within 6 months after the date 

20 of enactment of this Act, the Secretary shall complete the 

21 development of a tribal consultation policy, which recog22 nizes and protects to the maximum extent practicable trib23 al treaty rights and trust assets in order to improve the 

24 Coast Guard’s consultation and coordination with the trib25 al governments of federally recognized Indian tribes with 


wwoods2 on PRODPC68 with BILLS
51 

•S 1892 RS 

1 respect to oil spill prevention, preparedness, response and 

2 natural resource damage assessment. 

3 (b) NATIONAL PLANNING.—The Secretary shall as4 sist tribal governments to participate in the development 

5 and capacity to implement the National Contingency Plan 

6 and local Area Contingency Plans to the extent they affect 

7 tribal lands, cultural and natural resources. The Secretary 

8 shall ensure that in regions where oil spills are likely to 

9 have an impact on natural or cultural resources owned or 

10 utilized by a federally recognized Indian tribe, the Coast 

11 Guard will— 

12 (1) ensure that representatives of the tribal 

13 government of the potentially affected tribes are in14 cluded as part of the regional response team co15 chaired by the Coast Guard and the Environmental 

16 Protection Agency to establish policies for respond17 ing to oil spills; and 

18 (2) provide training of tribal incident com19 manders and spill responders. 

20 (c) INCLUSION OF TRIBAL GOVERNMENT.—The Sec21 retary shall ensure that, as soon as practicable after iden22 tifying an oil spill that is likely to have an impact on nat23 ural or cultural resources owned or utilized by a federally 

24 recognized Indian tribe, the Coast Guard will— 


wwoods2 on PRODPC68 with BILLS
52 

•S 1892 RS 

1 (1) ensure that representatives of the tribal 

2 government of the affected tribes are included as 

3 part of the incident command system established by 

4 the Coast Guard to respond to the spill; 

5 (2) share information about the oil spill with 

6 the tribal government of the affected tribe; and 

7 (3) to the extent practicable, involve tribal gov8 ernments in deciding how to respond to such spill. 

9 (d) COOPERATIVE ARRANGEMENTS.—The Coast 

10 Guard may enter into memoranda of agreement and asso11 ciated protocols with Indian tribal governments in order 

12 to establish cooperative arrangements for oil pollution pre13 vention, preparedness, and response. Such memoranda 

14 may be entered into prior to the development of the tribal 

15 consultation and coordination policy to provide Indian 

16 tribes grant and contract assistance and may include 

17 training for preparedness and response and provisions on 

18 coordination in the event of a spill. As part of these memo19 randa of agreement, the Secretary may carry out dem20 onstration projects to assist tribal governments in building 

21 the capacity to protect tribal treaty rights and trust assets 

22 from oil spills to the maximum extent possible. 

23 (e) FUNDING FOR TRIBAL PARTICIPATION.—Subject 

24 to the availability of appropriations, the Commandant of 

25 the Coast Guard shall provide assistance to participating 


wwoods2 on PRODPC68 with BILLS
53 

•S 1892 RS 

1 tribal governments in order to facilitate the implementa2 tion of cooperative arrangements under subsection (d) and 

3 ensure the participation of tribal governments in such ar4 rangements. There are authorized to be appropriated to 

5 the Commandant $500,000 for each of fiscal years 2008 

6 through 2012 to be used to carry out this section. 

7 SEC. 708. REPORT ON THE AVAILABILITY OF TECHNOLOGY 

8 TO DETECT THE LOSS OF OIL. 

9 Within 1 year after the date of enactment of this Act, 

10 the Secretary shall submit a report to the Senate Com11 mittee on Commerce, Science, and Transportation and the 

12 House of Representatives Committee on Energy and Com13 merce on the availability, feasibility, and potential cost of 

14 technology to detect the loss of oil carried as cargo or as 

15 fuel on tank and non-tank vessels greater than 400 gross 

16 tons. 

17 SEC. 709. USE OF OIL SPILL LIABILITY TRUST FUND. 

18 Section 1012(a)(5) of the Oil Pollution Act of 1990 

19 (33 U.S.C. 2712(a)(5)) is amended— 

20 (1) by redesignating subparagraphs (B) and 

21 (C) as subparagraphs (C) and (D), respectively; and 

22 (2) by inserting after subparagraph (A) the fol23 lowing: 

24 ‘‘(B) not more than $15,000,000 in each 

25 fiscal year shall be available to the Under SecVerDate Aug 31 2005 02:50 Feb 06, 2008 Jkt 069200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S1892.RS S1892

wwoods2 on PRODPC68 with BILLS
54 

•S 1892 RS 

1 retary of Commerce for Oceans and Atmos2 phere for expenses incurred by, and activities 

3 related to, response and damage assessment ca4 pabilities of the National Oceanic and Atmos5 pheric Administration;’’. 

6 SEC. 710. INTERNATIONAL EFFORTS ON ENFORCEMENT. 

7 The Secretary, in consultation with the heads of other 

8 appropriate Federal agencies, shall ensure that the Coast 

9 Guard pursues stronger enforcement in the International 

10 Maritime Organization of agreements related to oil dis11 charges, including joint enforcement operations, training, 

12 and stronger compliance mechanisms. 

13 SEC. 711. GRANT PROJECT FOR DEVELOPMENT OF COST14 EFFECTIVE DETECTION TECHNOLOGIES. 

15 (a) IN GENERAL.—Not later than 180 days after the 

16 date of enactment of this Act, the Commandant shall es17 tablish a grant program for the development of cost-effec18 tive technologies, such as infrared, pressure sensors, and 

19 remote sensing, for detecting discharges of oil from vessels 

20 as well as methods and technologies for improving detec21 tion and recovery of submerged and sinking oils. 

22 (b) MATCHING REQUIREMENT.—The Federal share 

23 of any project funded under subsection (a) may not exceed 

24 50 percent of the total cost of the project. 


wwoods2 on PRODPC68 with BILLS
55 

•S 1892 RS 

1 (c) REPORT TO CONGRESS.—Not later than 3 years 

2 after the date of enactment of this Act the Secretary shall 

3 provide a report to the Senate Committee on Commerce, 

4 Science, and Transportation, and to the House of Rep5 resentatives Committee on Transportation and Infrastruc6 ture on the results of the program. 

7 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated to the Commandant to 

9 carry out this section $2,000,000 for each of fiscal years 

10 2008, 2009, and 2010, to remain available until expended. 

11 (e) TRANSFER PROHIBITED.—Administration of the 

12 program established under subsection (a) may not be 

13 transferred within the Department of Homeland Security 

14 or to another department or Federal agency. 

15 SEC. 712. HIGHER VOLUME PORT AREA REGULATORY DEFI16 NITION CHANGE. 

17 (a) IN GENERAL.—Within 30 days after the date of 

18 enactment of this Act, notwithstanding subchapter 5 of 

19 title 5, United States Code, the Commandant shall modify 

20 the definition of the term ‘‘higher volume port area’’ in 

21 section 155.1020 of the Coast Guard regulations (33 

22 C.F.R. 155.1020) by striking ‘‘Port Angeles, WA’’ in 

23 paragraph (13) of that section and inserting ‘‘Cape Flat24 tery, WA’’ without initiating a rulemaking proceeding. 


wwoods2 on PRODPC68 with BILLS
56 

•S 1892 RS 

1 (b) EMERGENCY RESPONSE PLAN REVIEWS.—With2 in 5 years after the date of enactment of this Act, the 

3 Coast Guard shall complete its review of any changes to 

4 emergency response plans pursuant to the Federal Water 

5 Pollution Control Act (33 U.S.C. 1251 et seq.) resulting 

6 from the modification of the higher volume port area defi7 nition required by subsection (a). 

8 SEC. 713. RESPONSE TUGS. 

9 (a) IN GENERAL.—Paragraph (5) of section 311(j) 

10 of the Federal Water Pollution Control Act (33 U.S.C. 

11 1321(j)) is amended by adding at the end the following: 

12 ‘‘(J) RESPONSE TUG.— 

13 ‘‘(i) IN GENERAL.—The Secretary 

14 shall require the stationing of a year round 

15 response tug of a minimum of 70-tons 

16 bollard pull in the entry to the Strait of 

17 Juan de Fuca at Neah Bay capable of pro18 viding rapid assistance and towing capa19 bility to disabled vessels during severe 

20 weather conditions. 

21 ‘‘(ii) SHARED RESOURCES.—The Sec22 retary may authorize compliance with the 

23 response tug stationing requirement of 

24 clause (i) through joint or shared resources 


wwoods2 on PRODPC68 with BILLS
57 

•S 1892 RS 

1 between or among entities to which this 

2 subsection applies. 

3 ‘‘(iii) EXISTING STATE AUTHORITY

4 NOT AFFECTED.—Nothing in this subpara5 graph supersedes or interferes with any ex6 isting authority of a State with respect to 

7 the stationing of rescue tugs in any area 

8 under State law or regulations. 

9 ‘‘(iv) ADMINISTRATION.—In carrying 

10 out this subparagraph, the Secretary— 

11 ‘‘(I) shall require the vessel re12 sponse plan holders to negotiate and 

13 adopt a cost-sharing formula and a 

14 schedule for carrying out this sub15 paragraph by no later than June 1, 

16 2008; 

17 ‘‘(II) shall establish a cost-shar18 ing formula and a schedule for car19 rying out this subparagraph by no 

20 later than July 1, 2008 (without re21 gard to the requirements of chapter 5 

22 of title 5, United States Code) if the 

23 vessel response plan holders fail to 

24 adopt the cost-sharing formula and 


wwoods2 on PRODPC68 with BILLS
58 

•S 1892 RS 

1 schedule required by subclause (I) of 

2 this clause by June 1, 2008; and 

3 ‘‘(III) shall implement clauses (i) 

4 and (ii) of this subparagraph by June 

5 1, 2008, without a rulemaking and 

6 without regard to the requirements of 

7 chapter 5 of title 5, United States 

8 Code. 

9 ‘‘(v) LONG TERM TUG CAPABILI10 TIES.—Within 6 months after imple11 menting clauses (i) and (ii), and section 

12 707 of the Coast Guard Authorization Act 

13 for Fiscal Year 2008, the Secretary shall 

14 execute a contract with the National Acad15 emy of Sciences to conduct a study of re16 gional response tug and salvage needs for 

17 Washington’s Olympic coast. In developing 

18 the scope of the study, the National Acad19 emy of Sciences shall consult with Federal, 

20 State, and Tribal trustees as well as rel21 evant stakeholders. The study— 

22 ‘‘(I) shall define the needed capa23 bilities, equipment, and facilities for a 

24 response tug in the entry to the Strait 

25 of Juan de Fuca at Neah Bay in 


wwoods2 on PRODPC68 with BILLS
59 

•S 1892 RS 

1 order to optimize oil spill protection 

2 on Washington’s Olympic coast, pro3 vide rescue towing services, oil spill 

4 response, and salvage and fire-fighting 

5 capabilities; 

6 ‘‘‘(II) shall analyze the tug’s 

7 multi-mission capabilities as well as 

8 its ability to utilize cached salvage, oil 

9 spill response, and oil storage equip10 ment while responding to a spill or a 

11 vessel in distress and make rec12 ommendations as to the placement of 

13 this equipment; 

14 ‘‘(III) shall address scenarios 

15 that consider all vessel types and 

16 weather conditions and compare cur17 rent Neah Bay tug capabilities, costs, 

18 and benefits with other United States 

19 industry funded response tugs, includ20 ing those currently operating in the 

21 entrance of Alaska’s Prince William 

22 Sound; 

23 ‘‘(IV) shall determine whether 

24 the current level of protection af25 forded by the Neah Bay response tug 


wwoods2 on PRODPC68 with BILLS
60 

•S 1892 RS 

1 and associated response equipment is 

2 comparable to protection in other lo3 cations where response tugs operate, 

4 including the entrance of Prince Wil5 liam Sound, and if it is not com6 parable, shall make recommendations 

7 as to how capabilities, equipment, and 

8 facilities should be modified to achieve 

9 optimum such comparable protec10 tion.’’. 

11 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to the Secretary for fis13 cal year 2008 such sums as necessary to carry out section 

14 311(j)(5)(J)(v) of the Federal Water Pollution Control 

15 Act (33 U.S.C. 1321(j)(5)(J)(v)). 

16 SEC. 714. TUG ESCORTS FOR LADEN OIL TANKERS. 

17 Within 1 year after the date of enactment of this Act, 

18 the Secretary of State, in consultation with the Com19 mandant, shall enter into negotiations with the Govern20 ment of Canada to ensure that tugboat escorts are re21 quired for all tank ships with a capacity over 40,000 dead22 weight tons in the Strait of Juan de Fuca, Strait of Geor23 gia, and in Haro Strait. The Commandant shall consult 

24 with the State of Washington and affected tribal governVerDate Aug 31 2005 02:50 Feb 06, 2008 Jkt 069200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S1892.RS S1892

wwoods2 on PRODPC68 with BILLS
61 

•S 1892 RS 

1 ments during negotiations with the Government of Can2 ada. 

3 SEC. 715. EXTENSION OF FINANCIAL RESPONSIBILITY. 

4 Section 1016(a) of the Oil Pollution Act of 1990 (33 

5 U.S.C. 2716(a)) is amended— 

6 (1) by striking ‘‘or’’ after the semicolon in 

7 paragraph (1); 

8 (2) by inserting ‘‘or’’ after the semicolon in 

9 paragraph (2); and 

10 (3) by inserting after paragraph (2) the fol11 lowing: 

12 ‘‘(3) any tank vessel over 100 gross tons (ex13 cept a non-self-propelled vessel that does not carry 

14 oil as cargo) using any place subject to the jurisdic15 tion of the United States;’’. 

16 SEC. 716. VESSEL TRAFFIC RISK ASSESSMENTS. 

17 (a) REQUIREMENT.—The Commandant of the Coast 

18 guard, acting through the appropriate Area Committee es19 tablished under section 311(j)(4) of the Federal Water 

20 Pollution Control Act, shall prepare a vessel traffic risk 

21 assessment— 

22 (1) for Cook Inlet, Alaska, within 1 year after 

23 the date of enactment of this Act; and 

24 (2) for the Aleutian Islands, Alaska, within 2 

25 years after the date of enactment of this Act. 


wwoods2 on PRODPC68 with BILLS
62 

•S 1892 RS 

1 (b) CONTENTS.—Each of the assessments shall de2 scribe, for the region covered by the assessment— 

3 (1) the amount and character of present and 

4 estimated future shipping traffic in the region; and 

5 (2) the current and projected use and effective6 ness in reducing risk, of— 

7 (A) traffic separation schemes and routing 

8 measures; 

9 (B) long-range vessel tracking systems de10 veloped under section 70115 of title 46, United 

11 States Code; 

12 (C) towing, response, or escort tugs; 

13 (D) vessel traffic services; 

14 (E) emergency towing packages on vessels; 

15 (F) increased spill response equipment in16 cluding equipment appropriate for severe weath17 er and sea conditions; 

18 (G) the Automatic Identification System 

19 developed under section 70114 of title 46, 

20 United States Code; 

21 (H) particularly sensitive sea areas, areas 

22 to be avoided, and other traffic exclusion zones; 

23 (i) aids to navigation; and 

24 (J) vessel response plans. 

25 (c) RECOMMENDATIONS.— 


wwoods2 on PRODPC68 with BILLS
63 

•S 1892 RS 

1 (1) IN GENERAL.—Each of the assessments 

2 shall include any appropriate recommendations to 

3 enhance the safety and security, or lessen potential 

4 adverse environmental impacts, of marine shipping. 

5 (2) CONSULTATION.—Before making any rec6 ommendations under paragraph (1) for a region, the 

7 Area Committee shall consult with affected local, 

8 State, and Federal government agencies, representa9 tives of the fishing industry, Alaska Natives from 

10 the region, the conservation community, and the 

11 merchant shipping and oil transportation industries. 

12 (d) PROVISION TO CONGRESS.—The Commandant 

13 shall provide a copy of each assessment to the Senate 

14 Committee on Commerce, Science, and Transportation 

15 and the House of Representatives Committee on Trans16 portation and Infrastructure. 

17 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated to the Commandant 

19 $1,800,000 for each of fiscal years 2008 and 2009 to con20 duct the assessments. 

21 SEC. 717. OIL SPILL LIABILITY TRUST FUND INVESTMENT 

22 AMOUNT. 

23 Within 30 days after the date of enactment of this 

24 Act, the Secretary of the Treasury shall increase the 

25 amount invested in income producing securities under secVerDate Aug 31 2005 02:50 Feb 06, 2008 Jkt 069200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\S1892.RS S1892

wwoods2 on PRODPC68 with BILLS
64 

•S 1892 RS 

1 tion 5006(b) of the Oil Pollution Act of 1990 (33 U.S.C. 

2 2736(b)) by $12,851,340. 

3 SEC. 718. LIABILITY FOR USE OF UNSAFE SINGLE-HULL 

4 VESSELS. 

5 Section 1001(32) of the Oil Pollution Act of 1990 

6 (33 U.S.C. 2701(32)) is amended by striking subpara7 graph (A) and inserting the following: 

8 ‘‘(A) VESSELS.—In the case of a vessel 

9 (other than a vessel described in section 

10 3703a(b) of title 46, United States Code)— 

11 ‘‘(i) any person owning, operating, or 

12 demise chartering the vessel; and 

13 ‘‘(ii) the owner of oil being trans14 ported in a tank vessel with a single hull 

15 after December 31, 2010, if the owner of 

16 the oil knew, or should have known, from 

17 publicly available information that the ves18 sel had a poor safety or operational 

19 record.’’. 


wwoods2 on PRODPC68 with BILLS
65 

•S 1892 RS 

1 TITLE VIII—MARITIME 

2 HAZARDOUS CARGO SECURITY 

3 SEC. 801. INTERNATIONAL COMMITTEE FOR THE SAFE AND 

4 SECURE TRANSPORTATION OF ESPECIALLY 

5 HAZARDOUS CARGO. 

6 (a) IN GENERAL.—Chapter 701 of title 46, United 

7 States Code, is amended by inserting after section 70109 

8 the following: 

9 ‘‘§ 70109A. International committee for the safe and 

10 secure transportation of especially haz11 ardous cargo 

12 ‘‘(a) IN GENERAL.—The Secretary, in consultation 

13 with the Secretary of State and other appropriate entities, 

14 shall, in a manner consistent with international treaties, 

15 conventions, and agreements to which the United States 

16 is a party, establish a committee within the International 

17 Maritime Organization that includes representatives of 

18 United States trading partners that supply tank or break19 bulk shipments tank, bulk, or break-bulk vessel shipments 

20 of especially hazardous cargo to the United States. 

21 ‘‘(b) SAFE AND SECURE LOADING, UNLOADING, AND

22 TRANSPORTATION OF ESPECIALLY HAZARDOUS CAR23 GOES.—In carrying out this section, the Secretary, in co24 operation with the International Maritime Organization 

25 and in consultation with the International Standards OrVerDate Aug 31 2005 02:50 Feb 06, 2008 Jkt 069200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\S1892.RS S1892

wwoods2 on PRODPC68 with BILLS
66 

•S 1892 RS 

1 ganization and shipping industry stakeholders, shall de2 velop protocols, procedures, standards, and requirements 

3 for receiving, handling, loading, unloading, vessel crewing, 

4 and transportation of especially hazardous cargo to pro5 mote the safe and secure operation of ports, facilities, and 

6 vessels that transport especially hazardous cargo to the 

7 United States. 

8 ‘‘(c) DEADLINES.—The Secretary shall— 

9 ‘‘(1) initiate the development of the committee 

10 within 180 days after the date of enactment of the 

11 Maritime Hazardous Cargo Security Act; and 

12 ‘‘(2) endeavor to have the protocols, procedures, 

13 standards, and requirements developed by the com14 mittee take effect within 3 years after the date of 

15 enactment of that Act. 

16 ‘‘(d) REPORTS.—The Secretary shall report annually 

17 to the Senate Committee on Commerce, Science, and 

18 Transportation, the House of Representatives Committee 

19 on Transportation and Infrastructure, and the House of 

20 Representatives Committee on Homeland Security on the 

21 development, implementation, and administration of the 

22 protocols, procedures, standards, and requirements devel23 oped by the committee established under subsection (a).’’. 

24 (b) CONFORMING AMENDMENT.—The chapter anal25 ysis for chapter 701 of title 46, United States Code, is 


wwoods2 on PRODPC68 with BILLS
67 

•S 1892 RS 

1 amended by inserting after the item relating the section 

2 70109 the following: 

‘‘70109A. International committee for the safe and secure transportation of especially hazardous cargo.’’. 

3 SEC. 802. VALIDATION OF COMPLIANCE WITH ISPFC 

4 STANDARDS. 

5 (a) IN GENERAL.—Chapter 701 of title 46, United 

6 States Code, is amended by inserting after section 70110 

7 the following: 

8 ‘‘70110A. Port safety and security validations 

9 ‘‘(a) IN GENERAL.—The Secretary, in consultation 

10 with the Secretary of State, shall, in a manner consistent 

11 with international treaties, conventions, and agreements 

12 to which the United States is a party, develop and imple13 ment a voluntary program under which foreign ports and 

14 facilities can certify their compliance with applicable Inter15 national Ship and Port Facility Code standards. 

16 ‘‘(b) THIRD-PARTY VALIDATION.— 

17 ‘‘(1) IN GENERAL.—In carrying out this sec18 tion, the Secretary, in cooperation with the Inter19 national Maritime Organization and the Inter20 national Standards Organization, shall develop and 

21 implement a program under which independent, 

22 third-party entities are certified to validate a foreign 

23 port’s or facility’s compliance under the program de24 veloped under subsection (a). 


wwoods2 on PRODPC68 with BILLS
68 

•S 1892 RS 

1 ‘‘(2) PROGRAM COMPONENTS.—The inter2 national program shall include— 

3 ‘‘(A) international inspection protocols and 

4 procedures; 

5 ‘‘(B) minimum validation standards to en6 sure a port or facility meets the applicable 

7 International Ship and Port Facility Code 

8 standards; 

9 ‘‘(C) recognition for foreign ports or facili10 ties that exceed the minimum standards; 

11 ‘‘(D) uniform performance metrics by 

12 which inspection validations are to be con13 ducted; 

14 ‘‘(E) a process for notifying a port or facil15 ity, and its host nation, of areas of concern 

16 about the port’s or facility’s failure to comply 

17 with International Ship and Port Facility Code 

18 standards; 

19 ‘‘(F) provisional or probationary valida20 tions; 

21 ‘‘(G) conditions under which routine moni22 toring is to occur if a port or facility receives 

23 a provisional or probationary validation; 

24 ‘‘(H) a process by which failed validations 

25 can be appealed; and 


wwoods2 on PRODPC68 with BILLS
69 

•S 1892 RS 

1 ‘‘(I) an appropriate cycle for re-inspection 

2 and validation. 

3 ‘‘(c) CERTIFICATION OF THIRD PARTY ENTITIES.— 

4 The Secretary may not certify a third party entity to vali5 date ports or facilities under subsection (b) unless— 

6 ‘‘(1) the entity demonstrates to the satisfaction 

7 of the Secretary the ability to perform validations in 

8 accordance with the standards, protocols, proce9 dures, and requirements established by the program 

10 implemented under subsection (a); and 

11 ‘‘(2) the entity has no beneficial interest in or 

12 any direct control over the port and facilities being 

13 inspected and validated. 

14 ‘‘(d) MONITORING—The Secretary shall regularly 

15 monitor and audit the operations of each third party entity 

16 conducting validations under this section to ensure that 

17 it is meeting the minimum standards, operating protocols, 

18 procedures, and requirements established by international 

19 agreement. 

20 ‘‘(e) REVOCATION.—The Secretary shall revoke the 

21 certification of any entity determined by the Secretary not 

22 to meet the minimum standards, operating protocol, pro23 cedures, and requirements established by international 

24 agreement for third party entity validations. 


wwoods2 on PRODPC68 with BILLS
70 

•S 1892 RS 

1 ‘‘(f) PROTECTION OF SECURITY AND PROPRIETARY

2 INFORMATION.—In carrying out this section, the Sec3 retary shall take appropriate actions to protect from dis4 closure information that— 

5 ‘‘(1) is security sensitive, proprietary, or busi6 ness sensitive; or 

7 ‘‘(2) is otherwise not appropriately in the public 

8 domain. 

9 ‘‘(g) DEADLINES.—The Secretary shall— 

10 ‘‘(1) initiate procedures to carry out this section 

11 within 180 days after the date of enactment of the 

12 Maritime Hazardous Cargo Security Act; and 

13 ‘‘(2) develop standards under subsection (b) for 

14 third party validation within 2 years after the date 

15 of enactment of that Act. 

16 ‘‘(h) REPORTS.—The Secretary shall report annually 

17 to the Senate Committee on Commerce, Science, and 

18 Transportation, the House of Representatives Committee 

19 on Transportation and Infrastructure, and the House of 

20 Representatives Committee on Homeland Security on ac21 tivities conducted pursuant to this section.’’. 

22 (c) CONFORMING AMENDMENT.—The chapter anal23 ysis for chapter 701 of title 46, United States Code, is 

24 amended by inserting after the item relating to section 

25 70110 the following: 

‘‘70110A. Port safety and security validations.’’. 


wwoods2 on PRODPC68 with BILLS
71 

•S 1892 RS 

1 SEC. 803. SAFETY AND SECURITY ASSISTANCE FOR FOR2 EIGN PORTS. 

3 (a) IN GENERAL.—Section 70110(e)(1) of title 46, 

4 United States Code, is amended by striking the second 

5 sentence and inserting the following: ‘‘The Secretary shall 

6 establish a strategic plan to utilize those assistance pro7 grams to assist ports and facilities that are found by the 

8 Secretary under subsection (a) not to maintain effective 

9 antiterrorism measures in the implementation of port se10 curity antiterrorism measures.’’. 

11 (b) CONFORMING AMENDMENTS.— 

12 (1) Section 70110 of title 46, United States 

13 Code, is amended— 

14 (A) by inserting ‘‘or facilities’’ after 

15 ‘‘ports’’ in the section heading; 

16 (B) by inserting ‘‘or facility’’ after ‘‘port’’ 

17 each place it appears; and 

18 (C) by striking ‘‘PORTS’’ in the heading 

19 for subsection (e) and inserting ‘‘PORTS, FA20 CILITIES,’’. 

21 (2) The chapter analysis for chapter 701 of title 

22 46, United States Code, is amended by striking the 

23 item relating to section 70110 and inserting the fol24 lowing: 

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

territories.’’. 


wwoods2 on PRODPC68 with BILLS
72 

•S 1892 RS 

1 SEC. 804. COAST GUARD PORT ASSISTANCE PROGRAM. 

2 Section 70110 of title 46, United States Code, is 

3 amended by adding at the end thereof the following: 

4 ‘‘(f) COAST GUARD ASSISTANCE PROGRAM.— 

5 ‘‘(1) IN GENERAL.—The Secretary may lend, 

6 lease, donate, or otherwise provide equipment, and 

7 provide technical training and support, to the owner 

8 or operator of a foreign port or facility— 

9 ‘‘(A) to assist in bringing the port or facil10 ity into compliance with applicable International 

11 Ship and Port Facility Code standards; 

12 ‘‘(B) to assist the port or facility in meet13 ing standards established under section 70109A 

14 of this chapter; and 

15 ‘‘(C) to assist the port or facility in exceed16 ing the standards described in subparagraph 

17 (A) and (B). 

18 ‘‘(2) CONDITIONS.—The Secretary— 

19 ‘‘(A) shall provide such assistance based 

20 upon an assessment of the risks to the security 

21 of the United States and the inability of the 

22 owner or operator of the port or facility other23 wise to bring the port or facility into compli24 ance with those standards and to maintain com25 pliance with them; 


wwoods2 on PRODPC68 with BILLS
73 

•S 1892 RS 

1 ‘‘(B) may not provide such assistance un2 less the facility or port has been subjected to a 

3 comprehensive port security assessment by the 

4 Coast Guard or a third party entity certified by 

5 the Secretary under section 70110A(b) to vali6 date foreign port or facility compliance with 

7 International Ship and Port Facility Code 

8 standards; and 

9 ‘‘(C) may only lend, lease, or otherwise 

10 provide equipment that the Secretary has first 

11 determined is not required by the Coast Guard 

12 for the performance of its missions.’’. 

13 SEC. 805. EHC FACILITY RISK-BASED COST SHARING. 

14 The Commandant shall identify facilities sited or con15 structed on or adjacent to the navigable waters of the 

16 United States that receive, handle, load, or unload espe17 cially hazardous cargos that pose a risk greater than an 

18 acceptable risk threshold, as determined by the Secretary 

19 under a uniform risk assessment methodology. The Sec20 retary may establish a security cost-share plan to assist 

21 the Coast Guard in providing security for the transpor22 tation of especially hazardous cargo to such facilities. 


wwoods2 on PRODPC68 with BILLS
74 

•S 1892 RS 

1 SEC. 806. TRANSPORTATION SECURITY INCIDENT MITIGA2 TION PLAN. 

3 Section 70103(b)(2) of title 46, United States Code, 

4 is amended— 

5 (1) by redesignating subparagraphs (E) 

6 through (G) as subparagraphs (F) through (H), re7 spectively; and 

8 (2) by inserting after subparagraph (D) the fol9 lowing: 

10 ‘‘(E) establish regional response and recovery 

11 protocols to prepare for, respond to, mitigate 

12 against, and recover from a transportation security 

13 incident consistent with section 202 of the Security 

14 and Accountability for Every Port Act of 2006 (6 

15 U.S.C. 942) and section 70103(a) of title 46, United 

16 States Code;’’. 

17 SEC. 807. INCIDENT COMMAND SYSTEM TRAINING. 

18 The Secretary shall ensure that Federal, State, and 

19 local personnel responsible for the safety and security of 

20 vessels in port carrying especially hazardous cargo have 

21 successfully completed training in the Department of 

22 Homeland Security’s incident command system protocols. 


wwoods2 on PRODPC68 with BILLS
75 

•S 1892 RS 

1 SEC. 808. PRE-POSITIONING INTEROPERABLE COMMUNICA2 TIONS EQUIPMENT AT INTERAGENCY OPER3 ATIONAL CENTERS. 

4 Section 70107A of title 46, United States Code, is 

5 amended— 

6 (1) by redesignating subsections (e) and (f) as 

7 subsections (f) and (g), respectively; and 

8 (2) by inserting after subsection (d) the fol9 lowing: 

10 ‘‘(e) DEPLOYMENT OF INTEROPERABLE COMMUNICA11 TIONS EQUIPMENT AT INTERAGENCY OPERATIONAL CEN12 TERS.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall ensure 

14 that interoperable communications technology is de15 ployed at all interagency operational centers estab16 lished under subsection (a). 

17 ‘‘(2) CONSIDERATIONS.—In carrying out para18 graph (1), the Secretary shall consider the con19 tinuing technological evolution of communications 

20 technologies and devices, with its implicit risk of ob21 solescence, and shall ensure, to the maximum extent 

22 feasible, that a substantial part of the technology de23 ployed involves prenegotiated contracts and other ar24 rangements for rapid deployment of equipment, sup25 plies, and systems rather than the warehousing or 


wwoods2 on PRODPC68 with BILLS
76 

•S 1892 RS 

1 storage of equipment and supplies currently avail2 able at the time the technology is deployed. 

3 ‘‘(3) REQUIREMENTS AND CHARACTERISTICS.— 

4 The interoperable communications technology de5 ployed under paragraph (1) shall— 

6 ‘‘(A) be capable of re-establishing commu7 nications when existing infrastructure is dam8 aged or destroyed in an emergency or a major 

9 disaster; 

10 ‘‘(B) include appropriate current, widely11 used equipment, such as Land Mobile Radio 

12 Systems, cellular telephones and satellite equip13 ment, Cells-On-Wheels, Cells-On-Light-Trucks, 

14 or other self-contained mobile cell sites that can 

15 be towed, backup batteries, generators, fuel, 

16 and computers; 

17 ‘‘(C) include contracts (including 

18 prenegotiated contracts) for rapid delivery of 

19 the most current technology available from 

20 commercial sources; 

21 ‘‘(D) include arrangements for training to 

22 ensure that personnel are familiar with the op23 eration of the equipment and devices to be de24 livered pursuant to such contracts; and 


wwoods2 on PRODPC68 with BILLS
77 

•S 1892 RS 

1 ‘‘(E) be utilized as appropriate during live 

2 area exercises conducted by the United States 

3 Coast Guard. 

4 ‘‘(4) ADDITIONAL CHARACTERISTICS.—Portions 

5 of the communications technology deployed under 

6 paragraph (1) may be virtual and may include items 

7 donated on an in-kind contribution basis. 

8 ‘‘(5) RULE OF CONSTRUCTION.—Nothing in 

9 this subsection shall be construed or interpreted to 

10 preclude the use of funds under this section by the 

11 Secretary for interim or long-term Internet Protocol12 based interoperable solutions, notwithstanding com13 pliance with the Project 25 standard.’’. 

14 SEC. 809. DEFINITIONS. 

15 In this title: 

16 (1) COMMANDANT.—The term ‘‘Commandant’’ 

17 means the Commandant of the Coast Guard. 

18 (2) ESPECIALLY HAZARDOUS CARGO.—The 

19 term ‘‘especially hazardous cargo’’ means any sub20 stance identified by the Secretary of the department 

21 in which the Coast Guard is operating as especially 

22 hazardous cargo. cargo transported by tank, bulk, or 

23 break-bulk vessel. 


wwoods2 on PRODPC68 with BILLS
78 

•S 1892 RS 

1 (3) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the department in which the Coast 

3 Guard is operating. 

4 TITLE IX—MISCELLANEOUS 

5 PROVISIONS 

6 SEC. 901. MARINE MAMMALS AND SEA TURTLES REPORT. 

7 (a) IN GENERAL.—Not later than 1 year after the 

8 date of enactment of this Act, and annually thereafter, 

9 the Secretary of the department in which the Coast Guard 

10 is operating shall provide a report to the Senate Com11 mittee on Commerce, Science, and Transportation and the 

12 House of Representatives Committee on Transportation 

13 and Infrastructure on Coast Guard activities with respect 

14 to the protection of marine mammals and sea turtles 

15 under United States statutes and international agree16 ments. 

17 (b) REQUIRED CONTENT.—The Secretary shall in18 clude in the report, at a minimum— 

19 (1) a detailed summary of actions that the 

20 Coast Guard has undertaken annually from fiscal 

21 year 2000 through fiscal year 2007 with respect to 

22 enforcement efforts, and cooperative agreements and 

23 activities with other Federal and State agencies, 

24 training programs, and other initiatives; 


wwoods2 on PRODPC68 with BILLS
79 

•S 1892 RS 

1 (2) an annual summary for fiscal year 2000 

2 through fiscal year 2007 by Coast Guard district of 

3 the level of effort measured by personnel hours and 

4 other available data, for enforcement of the Lacey 

5 Act Amendments of 1981 (16 U.S.C. 3371 et seq.), 

6 the Endangered Species Act (16 U.S.C. 1531 et 

7 seq.), and the Marine Mammal Protection Act (16 

8 U.S.C. 1361 et seq.) as well as international agree9 ments that include provisions on sea turtles or ma10 rine mammals to which the United States is a party; 

11 and 

12 (3) a summary of any new Coast Guard initia13 tives for this mission area. 

14 SEC. 902. UMPQUA LIGHTHOUSE LAND CONVEYANCE. 

15 (a) CONVEYANCE AUTHORIZED.— 

16 (1) IN GENERAL.—The Commandant of the 

17 Coast Guard may convey to Douglas County, Or18 egon, all right, title, and interest of the United 

19 States in and to the Umpqua Lighthouse property, 

20 including improvements thereon, for the purpose of 

21 permitting the County to use the property as a park. 

22 (2) PROPERTY DESCRIPTION.— 

23 (A) IN GENERAL.—The Umpqua Light24 house property is the parcel of approximately 

25 14.81 acres of Coast Guard controlled land loVerDate Aug 31 2005 02:50 Feb 06, 2008 Jkt 069200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\S1892.RS S1892

wwoods2 on PRODPC68 with BILLS
80 

•S 1892 RS 

cated in the NW 1 1 ⁄4 of sec. 13, T. 22 S., R. 13 

2 W., Willamette Meridian, and identified as Ex3 hibit A on the aerial map entitled ‘‘U.S. Coast 

4 Guard Property at Salmon Harbor/Winchester 

5 Bay, Oregon’’ dated February 22, 2006. 

6 (B) SURVEYS.—The exact acreage and 

7 legal description of the real property to be con8 veyed under subsections (a) and (c) shall be de9 termined by surveys satisfactory to the Com10 mandant. The cost of the surveys shall be borne 

11 by the County. 

12 (b) USE OF PROPERTY CONVEYED.—Notwithstanding 

13 section 59.3 of title 36, Code of Federal Regulations (or 

14 any successor regulation), and the limitations on the use 

15 of land provided assistance under the Land and Water 

16 Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et 

17 seq.), the real property to be conveyed under this section 

18 may be converted to a use other than a public outdoor 

19 recreation use. 

20 (c) PROVISION OF REPLACEMENT FACILITIES.— 

21 (1) IN GENERAL.—As consideration for the con22 veyance authorized by subsection (a), the County— 

23 (A) may, at its expense design and con24 struct the replacement facilities for the Coast 


wwoods2 on PRODPC68 with BILLS
81 

•S 1892 RS 

1 Guard to replace the facilities conveyed under 

2 that subsection; 

3 (B) may design and construct the replace4 ment facilities to the specifications of the Com5 mandant; and 

6 (C) may construct the replacement facili7 ties upon a parcel of real property determined 

8 by the Commandant to be an appropriate loca9 tion for the replacement facilities; and 

10 (2) shall convey to the United States all right, 

11 title, and interest in and to the replacement facilities 

12 and the parcel of real property on which the facili13 ties are located. 

14 (d) MEMORANDUM OF AGREEMENT.—The County 

15 and the Commandant may enter into a memorandum of 

16 agreement to effectuate the transactions authorized by 

17 this section. 

18 (e) ADDITIONAL TERMS AND CONDITIONS.—The 

19 Commandant may require such additional terms and con20 ditions in connection with the conveyance under subsection 

21 (a) as the Commandant considers appropriate to protect 

22 the interests of the United States. 

23 (f) LIMITATION.—Nothing in this section compels the 

24 County or the Commandant to execute a memorandum of 

25 agreement or deed, except upon such terms and conditions 


wwoods2 on PRODPC68 with BILLS
82 

•S 1892 RS 

1 that the County and the Commandant may consider ap2 propriate, in the exercise of their discretion, to protect the 

3 interests of the County and the United States. 

4 SEC. 903. TRANSFER OF LANDS TO BE HELD IN TRUST. 

5 (a) IN GENERAL.—As soon as practical but not later 

6 than 3 years after the date of enactment of this Act, the 

7 Commandant of the Coast Guard shall take such actions 

8 as are necessary to transfer administrative jurisdiction 

9 over lands, including all structures and buildings on lands, 

10 depicted on the maps prepared pursuant to subsection (c) 

11 of this section to the Secretary of the Interior to hold in 

12 trust for the benefit of the Confederated Tribes of the 

13 Coos, Lower Umpqua, and Siuslaw Indians. 

14 (b) CONDITIONS OF TRANSFER.— 

15 (1) Prior to the transfer of administrative juris16 diction over the lands, the Coast Guard, in its sole 

17 discretion, shall execute actions required to comply 

18 with applicable environmental and cultural resources 

19 law. 

20 (2) Upon such transfer to the Secretary of the 

21 Interior, the lands shall be held in trust by the 

22 United States for the Confederated Tribes of the 

23 Coos, Lower Umpqua, and Siuslaw Indians, Oregon, 

24 and shall be part of the Confederated Tribes of 

25 Coos, Lower Umpqua, and Siuslaw’s Reservation. 


wwoods2 on PRODPC68 with BILLS
83 

•S 1892 RS 

1 (c) MAP AND LEGAL DESCRIPTION OF LAND.— 

2 (1) IN GENERAL.—As soon as practicable after 

3 the date of enactment of this Act, the Commandant 

4 shall file maps entitled ‘‘Confederated Tribes of the 

5 Coos, Lower Umpqua, and Siuslaw Land Transfer 

6 Maps’’, which shall depict and provide a legal de7 scription of the parcels to be transferred in Coos 

8 County, Oregon, totaling approximately 24.0 acres 

9 in the areas commonly known as Gregory Point and 

10 Chief’s Island, with— 

11 (A) the Senate Committee on Commerce, 

12 Science, and Transportation; 

13 (B) the House of Representatives Com14 mittee on Transportation and Infrastructure; 

15 and 

16 (C) the Secretary of the Interior. 

17 (2) FORCE OF LAW.—The maps and legal de18 scriptions filed under paragraph (1) shall have the 

19 same force and effect as if included in this Act, ex20 cept that the Commandant may correct typo21 graphical errors in the maps and each legal descrip22 tion. 

23 (3) PUBLIC AVAILABILITY.—Each map and 

24 legal description filed under paragraph (1) shall be 


wwoods2 on PRODPC68 with BILLS
84 

•S 1892 RS 

1 on file and available for public inspection in the ap2 propriate office of the Department of the Interior. 

3 (d) USE OF COAST GUARD AIDS TO NAVIGATION.— 

4 The Coast Guard may retain easements, or other property 

5 interests as may be necessary, across the property de6 scribed in subsection (c) for access to aids to navigation 

7 located on the lands so long as such aids may be required 

8 by the Coast Guard. 

9 (e) MAINTENANCE OF CAPE ARAGO LIGHT STA10 TION.— 

11 (1) The conveyance of Cape Arago Light Sta12 tion on Chief’s Island by the Coast Guard shall be 

13 made on condition that the Confederated Tribes of 

14 the Coos, Lower Umpqua and Siuslaw Indians 

15 shall— 

16 (A) use and make reasonable efforts to 

17 maintain the Cape Arago Light Station in ac18 cordance with the National Historic Preserva19 tion Act (16 U.S.C. 470 et seq.), the Secretary 

20 of the Interior’s Standards for the Treatment 

21 of Historic Properties set forth in part 68 of 

22 title 36, Code of Federal Regulations, and other 

23 applicable laws, and submit any proposed 

24 changes to the Cape Arago Light Station for 

25 review and approval by the Secretary of the InVerDate Aug 31 2005 02:50 Feb 06, 2008 Jkt 069200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\S1892.RS S1892

wwoods2 on PRODPC68 with BILLS
85 

•S 1892 RS 

1 terior in consultation with the Oregon State 

2 Historic Preservation Officer, for consistency 

3 with section 800.5(a)(2)(vii) of title 36, Code of 

4 Federal Regulations, and the Secretary of the 

5 Interior’s Standards for Rehabilitation, set 

6 forth in part 67.7 of title 36, Code of Federal 

7 Regulations; 

8 (B) make the Cape Arago Light Station 

9 available for education, park, recreation, cul10 tural, or historic preservation purposes for the 

11 general public at reasonable times and under 

12 reasonable conditions; 

13 (C) not sell, convey, assign, exchange, or 

14 encumber the Cape Arago Light Station, any 

15 part thereof, or any associated historic artifact 

16 conveyed in conjunction with the transfer under 

17 this section unless such sale, conveyance, as18 signment, exchange, or encumbrance is ap19 proved by Secretary of the Interior; 

20 (D) not conduct any commercial activities 

21 at the Cape Arago Light Station, any part 

22 thereof, or in connection with any historic arti23 fact conveyed in conjunction with the transfer 

24 under this section in any manner, unless such 


wwoods2 on PRODPC68 with BILLS
86 

•S 1892 RS 

1 commercial activities are approved by the Sec2 retary of the Interior; and 

3 (E) allow the United States, at any time, 

4 to enter the Cape Arago Light Station without 

5 notice, for purposes of ensuring compliance with 

6 this section, to the extent that it is not possible 

7 to provide advance notice. 

8 (2) The Cape Arago Light Station, or any asso9 ciated historic artifact conveyed in conjunction with 

10 the transfer under this section, at the option of the 

11 Secretary of the Interior, shall revert to the United 

12 States and be placed under the administrative con13 trol of the Secretary of the Interior if the Confed14 erated Tribes of the Coos, Lower Umpqua, and 

15 Siuslaw Indians fail to meet any condition described 

16 in paragraph (1). 

17 (f) TRIBAL FISHING RIGHTS.—No fishing right of 

18 the Confederated Tribes of the Coos, Lower Umpqua, and 

19 Siuslaw Indians in existence on the date of enactment of 

20 this Act shall be enlarged, impaired, or otherwise affected 

21 by the transfer under this section. 

22 SEC. 904. DATA. 

23 In each of fiscal years 2008 through 2010, there are 

24 authorized to be appropriated to the Administrator of the 

25 National Oceanic and Atmospheric Administration 


wwoods2 on PRODPC68 with BILLS
87 

•S 1892 RS 

1 $7,000,000 to acquire through the use of unmanned aerial 

2 vehicles data to improve the management of natural disas3 ters, the safety of marine and aviation transportation, and 

4 fisheries enforcement. 

5 SEC. 905. EXTENSION. 

6 Section 607 of the Coast Guard and Maritime Trans7 portation Act of 2006 is amended— 

8 (1) by adding at the end of subsection (c) the fol9 lowing: 

10 ‘‘(3) UPDATE.—One year after the date of the re11 port required by paragraph (2), and annually there12 after until its termination, the Committee shall up13 date its report to adjust priorities as necessary and 

14 include progress made on measures prioritized in the 

15 most recent report and submit the report to the enti16 ties referred to in paragraph (1).’’; 

17 (2) by striking ‘‘Chairman.’’ in subsection (d)(2) 

18 and inserting ‘‘Chairman, but not less than once 

19 every 90 days.’’; 

20 (1) (3) by striking ‘‘2007’’ in subsection (h) 

21 and inserting ‘‘2012’’; and 

22 (2) (4) by striking ‘‘terminate’’ and all that fol23 lows in subsection (i) and inserting ‘‘terminate on 

24 September 30, 2012.’’. 


wwoods2 on PRODPC68 with BILLS
88 

•S 1892 RS 

1 SEC. 906. FORWARD OPERATING FACILITY. 

2 Not later than 180 days after the date of enactment 

3 of this Act, the Secretary of the department in which the 

4 Coast Guard is operating may construct or lease hangar, 

5 berthing, and messing facilities in the Aleutian Island– 

6 Bering Sea operating area. These facilities shall— 

7 (1) support aircraft maintenance, including ex8 haust ventilation, heat, engine wash system, head fa9 cilities, fuel, ground support services, and electrical 

10 power; and 

11 (2) shelter for both current helicopter assets 

12 and those projected to be located at Air Station Ko13 diak, Alaska for up to 20 years. 

14 SEC. 907. ENCLOSED HANGAR AT AIR STATION BARBERS 

15 POINT, HAWAII. 

16 Not later than 180 days after the date of enactment 

17 of this Act, the Secretary of the department in which the 

18 Coast Guard is operating may construct an enclosed hang19 ar at Air Station Barbers Point, Hawaii. The hangar 

20 shall— 

21 (1) support aircraft maintenance, including ex22 haust ventilation, heat, engine wash system, head fa23 cilities, fuel, ground support services, and electrical 

24 power; and 


wwoods2 on PRODPC68 with BILLS
89 

•S 1892 RS 

1 (2) shelter all current aircraft assets and those 

2 projected to be located at Air Station Barbers Point, 

3 Hawaii, over the next 20 years. 

4 SEC. 908. CONVEYANCE OF DECOMMISSIONED COAST 

5 GUARD CUTTER STORIS. 

6 (a) IN GENERAL.—Upon the scheduled decommis7 sioning of the Coast Guard Cutter STORIS, the Com8 mandant of the Coast Guard shall convey, without consid9 eration, all right, title, and interest of the United States 

10 in and to that vessel to the USCG Cutter STORIS Mu11 seum and Maritime Education Center, LLC, located in the 

12 State of Alaska if the recipient— 

13 (1) agrees— 

14 (A) to use the vessel for purposes of a mu15 seum and historical display; 

16 (B) not to use the vessel for commercial 

17 transportation purposes; 

18 (C) to make the vessel available to the 

19 United States Government if needed for use by 

20 the Commandant in time of war or a national 

21 emergency; and 

22 (D) to hold the Government harmless for 

23 any claims arising from exposure to hazardous 

24 materials, including asbestos and poly25 chlorinated biphenyls, after conveyance of the 


wwoods2 on PRODPC68 with BILLS
90 

•S 1892 RS 

1 vessel, except for claims arising from the use by 

2 the Government under subparagraph (C); 

3 (2) has funds available that will be committed 

4 to operate and maintain in good working condition 

5 the vessel conveyed, in the form of cash, liquid as6 sets, or a written loan commitment and in an 

7 amount of at least $700,000; and 

8 (3) agrees to any other conditions the Com9 mandant considers appropriate. 

10 (b) MAINTENANCE AND DELIVERY OF VESSEL.— 

11 (1) MAINTENANCE.—Before conveyance of the 

12 vessel under this section, the Commandant shall 

13 make, to the extent practical and subject to other 

14 Coast Guard mission requirements, every effort to 

15 maintain the integrity of the vessel and its equip16 ment until the time of delivery. 

17 (2) DELIVERY.—If a conveyance is made under 

18 this section, the Commandant shall deliver the ves19 sel— 

20 (A) at the place where the vessel is located; 

21 and 

22 (B) without cost to the Government. 

23 (3) TREATMENT OF CONVEYANCE.—The con24 veyance of the vessel under this section shall not be 

25 considered a distribution in commerce for purposes 


wwoods2 on PRODPC68 with BILLS
91 

•S 1892 RS 

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

2 2605(e)). 

3 (c) OTHER EXCESS EQUIPMENT.—The Commandant 

4 may convey to the recipient of a conveyance under sub5 section (a) any excess equipment or parts from other de6 commissioned Coast Guard vessels for use to enhance the 

7 operability and function of the vessel conveyed under sub8 section (a) for purposes of a museum and historical dis9 play. 

10 SEC. 909. CONVEYANCE OF THE PRESQUE ISLE LIGHT STA11 TION FRESNEL LENS TO PRESQUE ISLE 

12 TOWNSHIP, MICHIGAN. 

13 (a) CONVEYANCE OF LENS AUTHORIZED.— 

14 (1) TRANSFER OF POSSESSION.—Notwith15 standing any other provision of law, the Com16 mandant of the Coast Guard may transfer to 

17 Presque Isle Township, a township in Presque Isle 

18 County in the State of Michigan (in this section re19 ferred to as the ‘‘Township’’), possession of the His20 toric Fresnel Lens (in this section referred to as the 

21 ‘‘Lens’’) from the Presque Isle Light Station Light22 house, Michigan (in this section referred to as the 

23 ‘‘Lighthouse’’). 

24 (2) CONDITION.—As a condition of the transfer 

25 of possession authorized by paragraph (1), the 


wwoods2 on PRODPC68 with BILLS
92 

•S 1892 RS 

1 Township shall, not later than one year after the 

2 date of transfer, install the Lens in the Lighthouse 

3 for the purpose of operating the Lens and Light4 house as a Class I private aid to navigation pursu5 ant to section 85 of title 14, United States Code, 

6 and the applicable regulations under that section. 

7 (3) CONVEYANCE OF LENS.—Upon the certifi8 cation of the Commandant that the Township has 

9 installed the Lens in the Lighthouse and is able to 

10 operate the Lens and Lighthouse as a private aid to 

11 navigation as required by paragraph (2), the Com12 mandant shall convey to the Township all right, 

13 title, and interest of the United States in and to the 

14 Lens. 

15 (4) CESSATION OF UNITED STATES OPER16 ATIONS OF AIDS TO NAVIGATION AT LIGHTHOUSE.— 

17 Upon the making of the certification described in 

18 paragraph (3), all active Federal aids to navigation 

19 located at the Lighthouse shall cease to be operated 

20 and maintained by the United States. 

21 (b) REVERSION.— 

22 (1) REVERSION FOR FAILURE OF AID TO NAVI23 GATION.—If the Township does not comply with the 

24 condition set forth in subsection (a)(2) within the 

25 time specified in that subsection, the Township shall, 


wwoods2 on PRODPC68 with BILLS
93 

•S 1892 RS 

1 except as provided in paragraph (2), return the Lens 

2 to the Commandant at no cost to the United States 

3 and under such conditions as the Commandant may 

4 require. 

5 (2) EXCEPTION FOR HISTORICAL PRESERVA6 TION.—Notwithstanding the lack of compliance of 

7 the Township as described in paragraph (1), the 

8 Township may retain possession of the Lens for in9 stallation as an artifact in, at, or near the Light10 house upon the approval of the Commandant. The 

11 Lens shall be retained by the Township under this 

12 paragraph under such conditions for the preserva13 tion and conservation of the Lens as the Com14 mandant shall specify for purposes of this para15 graph. Installation of the Lens under this paragraph 

16 shall occur, if at all, not later than two years after 

17 the date of the transfer of the Lens to the Township 

18 under subsection (a)(1). 

19 (3) REVERSION FOR FAILURE OF HISTORICAL

20 PRESERVATION.—If retention of the Lens by the 

21 Township is authorized under paragraph (2) and the 

22 Township does not install the Lens in accordance 

23 with that paragraph within the time specified in that 

24 paragraph, the Township shall return the lens to the 

25 Coast Guard at no cost to the United States and 


wwoods2 on PRODPC68 with BILLS
94 

•S 1892 RS 

1 under such conditions as the Commandant may re2 quire. 

3 (c) CONVEYANCE OF ADDITIONAL PERSONAL PROP4 ERTY.— 

5 (1) TRANSFER AND CONVEYANCE OF PERSONAL

6 PROPERTY.—Notwithstanding any other provision of 

7 law, the Commandant may transfer to the Township 

8 any additional personal property of the United 

9 States related to the Lens that the Commandant 

10 considers appropriate for conveyance under this sec11 tion. If the Commandant conveys the Lens to the 

12 Township under subsection (a)(3), the Commandant 

13 may convey to the Township any personal property 

14 previously transferred to the Township under this 

15 subsection. 

16 (2) REVERSION.—If the Lens is returned to the 

17 Coast Guard pursuant to subsection (b), the Town18 ship shall return to the Coast Guard all personal 

19 property transferred or conveyed to the Township 

20 under this subsection except to the extent otherwise 

21 approved by the Commandant. 

22 (d) CONVEYANCE WITHOUT CONSIDERATION.—The 

23 conveyance of the Lens and any personal property under 

24 this section shall be without consideration. 


wwoods2 on PRODPC68 with BILLS
95 

•S 1892 RS 

1 (e) DELIVERY OF PROPERTY.—The Commandant 

2 shall deliver property conveyed under this section— 

3 (1) at the place where such property is located 

4 on the date of the conveyance; 

5 (2) in condition on the date of conveyance; and 

6 (3) without cost to the United States. 

7 (f) MAINTENANCE OF PROPERTY.—As a condition of 

8 the conveyance of any property to the Township under this 

9 section, the Commandant shall enter into an agreement 

10 with the Township under which the Township agrees— 

11 (1) to operate the Lens as a Class I private aid 

12 to navigation under section 85 of title 14, United 

13 States Code, and application regulations under that 

14 section; and 

15 (2) to hold the United States harmless for any 

16 claim arising with respect to personal property con17 veyed under this section. 

18 (g) LIMITATION ON FUTURE CONVEYANCE.—The in19 struments providing for the conveyance of property under 

20 this section shall— 

21 (1) require that any further conveyance of an 

22 interest in such property may not be made without 

23 the advance approval of the Commandant; and 


wwoods2 on PRODPC68 with BILLS
96 

•S 1892 RS 

1 (2) provide that, if the Commandant determines 

2 that an interest in such property was conveyed with3 out such approval— 

4 (A) all right, title, and interest in such 

5 property shall revert to the United States, and 

6 the United States shall have the right to imme7 diate possession of such property; and 

8 (B) the recipient of such property shall pay 

9 the United States for costs incurred by the 

10 United States in recovering such property. 

11 (h) ADDITIONAL TERMS AND CONDITIONS.—The 

12 Commandant may require such additional terms and con13 ditions in connection with the conveyances authorized by 

14 this section as the Commandant considers appropriate to 

15 protect the interests of the United States. 

16 SEC. 910. REPEALS. 

17 The following sections are repealed: 

18 (1) Section 689 of title 14, United States Code, 

19 and the item relating to such section in the analysis 

20 for chapter 18 of such title. 

21 (2) Section 216 of title 14, United States Code, 

22 and the item relating to such section in the analysis 

23 for chapter 11 of such title. 


wwoods2 on PRODPC68 with BILLS
97 

•S 1892 RS 

1 SEC. 911. REPORT ON SHIP TRAFFIC. 

2 (a) REPORT.—No later than 1 year after the date 

3 of enactment of this Act and annually thereafter, the Sec4 retary of the department in which the Coast Guard is op5 erating shall provide a report to the Senate Committee 

6 on Commerce, Science, and Transportation and the House 

7 of Representatives Committee on Transportation and In8 frastructure on the volume of foreign flag ships entering 

9 waters subject to the jurisdiction of the United States. 

10 The report may be submitted in classified format if the 

11 Secretary deems it to be necessary for national security. 

12 (b) CONTENTS.—The report shall include a break13 down of the number or percentage of such foreign flag 

14 ships that— 

15 (1) enter a United States port or place; 

16 (2) do not enter a United States port or place 

17 but pass through the territorial sea of the United 

18 States; or 

19 (3) do not enter a United States port or place 

20 but pass only through the exclusive economic zone of 

21 the United States. 

22 (c) DEFINITIONS.—In this section: 

23 (1) EXCLUSIVE ECONOMIC ZONE.—The term 

24 ‘‘exclusive economic zone’’ means the Exclusive Eco25 nomic Zone of the United States established by 


wwoods2 on PRODPC68 with BILLS
98 

•S 1892 RS 

1 Proclamation Number 5030, dated March 10, 1983 

2 (16 U.S.C. 1453 note). 

3 (2) TERRITORIAL SEA.—The term ‘‘territorial 

4 sea’’ means the waters of the Territorial Sea of the 

5 United States under Presidential Proclamation 

6 5928, dated December 27, 1988 (43 U.S.C. 1331 

7 note). 

8 SEC. 912. SMALL VESSEL EXCEPTION FROM DEFINITION OF 

9 FISH PROCESSING VESSEL. 

10 Section 2101(11b) of title 46, United States Code, 

11 is amended by striking ‘‘chilling.’’ and inserting ‘‘chilling, 

12 but does not include a fishing vessel operating in Alaskan 

13 waters under a permit or license issued by Alaska that— 

14 (A) fillets only salmon taken by that vessel; 

15 (B) fillets less than 5 metric tons of such salm16 on during any 7-day period.’’. 

17 SEC. 913. RIGHT OF FIRST REFUSAL FOR COAST GUARD 

18 PROPERTY ON JUPITER ISLAND, FLORIDA. 

19 (a) RIGHT OF FIRST REFUSAL.—Notwithstanding 

20 any other law (other than this section), the Town of Jupi21 ter Island, Florida, shall have the right of first refusal 

22 to select and take without consideration fee simple title 

23 to real property within the jurisdiction of the Town com24 prising Parcel #35-38-42-004-000-02590-6 (Bon Air 

25 Beach lots 259 and 260 located at 83 North Beach Road) 


wwoods2 on PRODPC68 with BILLS
99 

•S 1892 RS 

1 and Parcel #35-38-42-004-000-02610-2 (Bon Air Beach 

2 lots 261 to 267), including any improvements thereon that 

3 are not authorized or required by another provision of law 

4 to be conveyed to another person. 

5 (b) IDENTIFICATION OF PROPERTY.—The Com6 mandant of the Coast Guard may identify, describe, and 

7 determine the property referred to in subsection (a) that 

8 is subject to the right of the Town under that subsection. 

9 (c) LIMITATION.—The property referred to in sub10 section (a) may not be conveyed under that subsection 

11 until the Commandant of the Coast Guard determines that 

12 the property is not needed to carry out Coast Guard oper13 ations. 

14 (d) REQUIRED USE.—Any property conveyed under 

15 this section shall be used by the Town of Jupiter Island, 

16 Florida, solely for conservation of habitat and as protec17 tion against damage from wind, tidal, and wave energy. 

18 (e) REVERSION.—Any conveyance of property under 

19 this section shall be subject to the condition that all right, 

20 title, and interest in the property, at the option of the 

21 Commandant of the Coast Guard, shall revert to the 

22 United States Government if the property is used for pur23 poses other than conservation. 

24 (f) IMPLEMENTATION.—The Commandant of the 

25 Coast Guard shall upon request by the Town— 


wwoods2 on PRODPC68 with BILLS
100 

•S 1892 RS 

1 (1) promptly take those actions necessary to 

2 make property identified under subsection (b) and 

3 determined by the Commandant under subsection (c) 

4 ready for conveyance to the Town; and 

5 (2) convey the property to the Town subject to 

6 subsections (d) and (e). 

7 SEC. 914. SHIP DISPOSAL WORKING GROUP. 

8 (a) IN GENERAL.—Within 30 days after the date of 

9 enactment of this Act, the Secretary of Transportation 

10 shall convene a working group, composed of senior rep11 resentatives from the Maritime Administration, the Coast 

12 Guard, the Environmental Protection Agency, the Na13 tional Oceanic and Atmospheric Administration, and the 

14 United States Navy. The Secretary may request the par15 ticipation of senior representatives of any other Federal 

16 department or agency, as appropriate, and shall consult 

17 with appropriate State environmental agencies. The work18 ing group shall review and make recommendations on en19 vironmental practices for the storage and disposal of obso20 lete vessels owned or operated by the Federal Government. 

21 (b) SCOPE.—Among the vessels to be considered by 

22 the working group are Federally owned or operated vessels 

23 that are— 

24 (A) to be scrapped or recycled; 

25 (B) to be used as artificial reefs; or 


wwoods2 on PRODPC68 with BILLS
101 

•S 1892 RS 

1 (C) to be used for the Navy’s SINKEX 

2 program. 

3 (c) PURPOSE.—The working group shall— 

4 (1) examine current storage and disposal poli5 cies, procedures, and practices for obsolete vessels 

6 owned or operated by Federal agencies; 

7 (2) examine Federal and State laws and regula8 tions governing such policies, procedures, and prac9 tices and any applicable environmental laws; and 

10 (3) within 90 days after the date of enactment 

11 of this Act, submit a plan to the Senate Committee 

12 on Commerce, Science, and Transportation, the Sen13 ate Committee on Environment and Public Works, 

14 and the House of Representatives Committee on 

15 Armed Services to improve and harmonize practices 

16 for storage and disposal of such vessels, including 

17 the interim transportation of such vessels. 

18 (d) CONTENTS OF PLAN.—The working group shall 

19 include in the plan submitted under subsection (c)(3)— 

20 (1) a description of existing measures for the 

21 storage, disposal, and interim transportation of ob22 solete vessels owned or operated by Federal agencies 

23 in compliance with Federal and State environmental 

24 laws in a manner that protects the environment; 


wwoods2 on PRODPC68 with BILLS
102 

•S 1892 RS 

1 (2) a description of Federal and State laws and 

2 regulations governing current policies, procedures, 

3 and practices for the storage, disposal, and interim 

4 transportation of such vessels; 

5 (3) recommendations for environmental best 

6 practices that meet or exceed, and harmonize, the 

7 requirements of Federal environmental laws and reg8 ulations applicable to the storage, disposal, and in9 terim transportation of such vessels; 

10 (4) recommendations for environmental best 

11 practices that meet or exceed the requirements of 

12 State laws and regulations applicable to the storage, 

13 disposal, and interim transportation of such vessels; 

14 (5) procedures for the identification and reme15 diation of any environmental impacts caused by the 

16 storage, disposal, and interim transportation of such 

17 vessels; and 

18 (6) recommendations for necessary steps, in19 cluding regulations if appropriate, to ensure that 

20 best environmental practices apply to all such ves21 sels. 

22 (e) IMPLEMENTATION OF PLAN.— 

23 (1) IN GENERAL.—As soon as practicable after 

24 the date of enactment of this Act, the head of each 

25 Federal department or agency participating in the 


wwoods2 on PRODPC68 with BILLS
103 

•S 1892 RS 

1 working group, in consultation with the other Fed2 eral departments and agencies participating in the 

3 working group, shall take such action as may be nec4 essary, including the promulgation of regulations, 

5 under existing authorities to ensure that the imple6 mentation of the plan provides for compliance with 

7 all Federal and State laws and for the protection of 

8 the environment in the storage, interim transpor9 tation, and disposal of obsolete vessels owned or op10 erated by Federal agencies. 

11 (2) ARMED SERVICES VESSELS.—The Secretary 

12 and the Secretary of Defense, in consultation with 

13 the Administrator of the Environmental Protection 

14 Agency, shall each ensure that environmental best 

15 practices are observed with respect to the storage, 

16 disposal, and interim transportation of obsolete ves17 sels owned or operated by the Department of De18 fense. 

19 (f) RULE OF CONSTRUCTION.—Nothing in this sec20 tion shall be construed to supersede, limit, modify, or oth21 erwise affect any other provision of law, including environ22 mental law. 


wwoods2 on PRODPC68 with BILLS
104 

•S 1892 RS 

1 SEC. 915. FULL MULTI-MISSION RESPONSE STATION IN 

2 VALDEZ, ALASKA. 

3 Not later than 180 days after the date of enactment 

4 of this Act, the Secretary of the department in which the 

5 Coast Guard is operating may construct a full multi-mis6 sion Coast Guard Response Station in Valdez, Alaska. The 

7 Station shall include shore and maintenance infrastruc8 ture facilities to support all current and projected Coast 

9 Guard waterborne security forces to be located in Valdez, 

10 Alaska, over the next 20 years. 

11 SEC. 916. PROTECTION AND FAIR TREATMENT OF SEA12 FARERS. 

13 (a) IN GENERAL.—Chapter 5 of title 14, United 

14 States Code, is amended by inserting after section 89 the 

15 following: 

16 ‘‘§ 89a. Protection and fair treatment of seafarers 

17 ‘‘(a) AUTHORITY OF THE SECRETARY.— 

18 ‘‘(1) IN GENERAL.—The Secretary is author19 ized— 

20 ‘‘(A) to require a bond or surety satisfac21 tory as an alternative to withholding or revok22 ing clearance required under section 60105 of 

23 title 46 if, in the opinion of the Secretary, such 

24 bond or surety satisfactory is necessary to fa25 cilitate an investigation, reporting, documenta26 tion, or adjudication of any matter that is reVerDate Aug 31 2005 02:50 Feb 06, 2008 Jkt 069200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\S1892.RS S1892

wwoods2 on PRODPC68 with BILLS
105 

•S 1892 RS 

1 lated to the administration or enforcement of 

2 any treaty, law, or regulation by the Coast 

3 Guard, provided that corporate sureties under4 writing any such bonds be certified by the De5 partment of the Treasury to write Federal 

6 bonds under sections 9304 and 9305 of title 31; 

7 ‘‘(B) at the discretion of the Secretary, to 

8 pay, in whole or in part, without further appro9 priation and without fiscal year limitation, from 

10 amounts in the Fund, necessary support of— 

11 ‘‘(i) any seafarer who enters, remains, 

12 or has been paroled into the United States 

13 and is involved in an investigation, report14 ing, documentation, or adjudication of any 

15 matter that is related to the administration 

16 or enforcement of any treaty, law, or regu17 lation by the Coast Guard; and 

18 ‘‘(ii) any seafarer whom the Secretary 

19 finds to have been abandoned in the 

20 United States; and 

21 ‘‘(C) at the sole discretion of the Sec22 retary, to reimburse, in whole or in part, with23 out further appropriation and without fiscal 

24 year limitation, from amounts in the Fund, a 

25 shipowner, who has filed a bond or surety satisVerDate Aug 31 2005 02:50 Feb 06, 2008 Jkt 069200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\S1892.RS S1892

wwoods2 on PRODPC68 with BILLS
106 

•S 1892 RS 

1 factory pursuant to subparagraph (A) of this 

2 paragraph and provided necessary support of a 

3 seafarer who has been paroled into the United 

4 States to facilitate an investigation, reporting, 

5 documentation, or adjudication of any matter 

6 that is related to the administration or enforce7 ment of any treaty, law, or regulation by the 

8 Coast Guard, for costs of necessary support, 

9 when the Secretary deems reimbursement nec10 essary to avoid serious injustice. 

11 ‘‘(2) APPLICATION.—The authority to require a 

12 bond or a surety satisfactory or to request the with13 holding or revocation of the clearance required under 

14 section 60105 of title 46 is applicable to any inves15 tigation, reporting, documentation, or adjudication 

16 of any matter that is related to the administration 

17 or enforcement of any treaty, law, or regulation by 

18 the Coast Guard. 

19 ‘‘(3) LIMITATIONS.—Nothing in this section 

20 shall be construed— 

21 ‘‘(A) to create a right, benefit, or entitle22 ment to necessary support; or 

23 ‘‘(B) to compel the Secretary to pay, or re24 imburse the cost of, necessary support. 

25 ‘‘(b) FUND.— 


wwoods2 on PRODPC68 with BILLS
107 

•S 1892 RS 

1 ‘‘(1) IN GENERAL.—There is established in the 

2 Treasury a special fund known as the ‘Support of 

3 Seafarers Fund’. 

4 ‘‘(2) AVAILABILITY.—The amounts covered into 

5 the Fund shall be available to the Secretary, without 

6 further appropriation and without fiscal year limita7 tion— 

8 ‘‘(A) to pay necessary support, pursuant to 

9 subsection (a)(1)(B) of this section; and 

10 ‘‘(B) to reimburse a shipowner for nec11 essary support, pursuant to subsection 

12 (a)(1)(C) of this section. 

13 ‘‘(3) RECEIPTS.—Notwithstanding any other 

14 provision of law, the Fund shall be authorized to re15 ceive— 

16 ‘‘(A) amounts reimbursed or recovered 

17 pursuant to subsection (c) of this section; 

18 ‘‘(B) amounts appropriated to the Fund 

19 pursuant to subsection (f) of this section; and 

20 ‘‘(C) appropriations available to the Sec21 retary for transfer. 

22 ‘‘(4) LIMITATION ON CERTAIN CREDITS.—The 

23 Fund may receive credits pursuant to paragraph 

24 (3)(A) of this subsection only when the unobligated 

25 balance of the Fund is less than $5,000,000. 


wwoods2 on PRODPC68 with BILLS
108 

•S 1892 RS 

1 ‘‘(5) REPORT REQUIRED.— 

2 ‘‘(A) Except as provided in subparagraph 

3 (B) of this paragraph, the Secretary shall not 

4 obligate any amount in the Fund in a given fis5 cal year unless the Secretary has submitted to 

6 Congress, concurrent with the President’s budg7 et submission for that fiscal year, a report that 

8 describes— 

9 ‘‘(i) the amounts credited to the 

10 Fund, pursuant to paragraph (3) of this 

11 section, for the preceding fiscal year; 

12 ‘‘(ii) a detailed description of the ac13 tivities for which amounts were charged; 

14 and 

15 ‘‘(iii) the projected level of expendi16 tures from the Fund for the coming fiscal 

17 year, based on— 

18 ‘‘(I) on-going activities; and 

19 ‘‘(II) new cases, derived from his20 toric data. 

21 ‘‘(B) The limitation in subparagraph (A) 

22 of this paragraph shall not apply to obligations 

23 during the first fiscal year during which 

24 amounts are credited to the Fund. 


wwoods2 on PRODPC68 with BILLS
109 

•S 1892 RS 

1 ‘‘(6) FUND MANAGER.—The Secretary shall 

2 designate a Fund manager, who shall— 

3 ‘‘(A) ensure the visibility and account4 ability of transactions utilizing the Fund; 

5 ‘‘(B) prepare the report required pursuant 

6 to paragraph (5) of this subsection; and 

7 ‘‘(C) monitor the unobligated balance of 

8 the Fund and provide notice to the Secretary 

9 and the Attorney General whenever the unobli10 gated balance of the Fund is less than 

11 $5,000,000. 

12 ‘‘(c) REIMBURSEMENTS— 

13 ‘‘(1) RECOVERY.—Any shipowner— 

14 ‘‘(A)(i) who, during the course of an inves15 tigation, reporting, documentation, or adjudica16 tion of any matter that the Coast Guard re17 ferred to a United States Attorney or the Attor18 ney General, fails to provide necessary support 

19 of a seafarer who has been paroled into the 

20 United States to facilitate the investigation, re21 porting, documentation, or adjudication, and 

22 ‘‘(ii) against whom a criminal penalty is 

23 subsequently imposed, or 


wwoods2 on PRODPC68 with BILLS
110 

•S 1892 RS 

1 ‘‘(B) who, under any circumstance, aban2 dons a seafarer in the United States, as deter3 mined by the Secretary, 

4 shall reimburse the Fund an amount equal to the 

5 total amount paid from the Fund for necessary sup6 port of the seafarer, plus a surcharge of 25 per cent 

7 of such total amount. 

8 ‘‘(2) ENFORCEMENT.—If a shipowner fails to 

9 reimburse the Fund as required under paragraph 

10 (1) of this subsection, the Secretary may— 

11 ‘‘(A) proceed in rem against any vessel of 

12 the shipowner in the Federal district court for 

13 the district in which such vessel is found; and 

14 ‘‘(B) withhold or revoke the clearance, re15 quired by section 60105 of title 46, of any ves16 sel of the shipowner wherever such vessel is 

17 found. 

18 ‘‘(3) CLEARANCE.—Whenever clearance is with19 held or revoked pursuant to paragraph (2)(B) of this 

20 subsection, clearance may be granted if the ship21 owner reimburses the Fund the amount required 

22 under paragraph (1) of this subsection. 

23 ‘‘(d) DEFINITIONS.—In this section: 

24 ‘‘(1) ABANDONS; ABANDONED.—The term 

25 ‘abandons’ or ‘abandoned’ means a shipowner’s uniVerDate Aug 31 2005 02:50 Feb 06, 2008 Jkt 069200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\S1892.RS S1892

wwoods2 on PRODPC68 with BILLS
111 

•S 1892 RS 

1 lateral severance of ties with a seafarer or the ship2 owner’s failure to provide necessary support of a 

3 seafarer; 

4 ‘‘(2) BOND OR SURETY SATISFACTORY.—The 

5 term ‘bond or surety satisfactory’ means a nego6 tiated instrument, the terms of which may, at the 

7 discretion of the Secretary, include provisions that 

8 require the shipowner to— 

9 ‘‘(A) provide necessary support of a sea10 farer who has or may have information perti11 nent to an investigation, reporting, documenta12 tion, or adjudication of any matter that is re13 lated to the administration or enforcement of 

14 any treaty, law, or regulation by the Coast 

15 Guard; 

16 ‘‘(B) facilitate an investigation, reporting, 

17 documentation, or adjudication of any matter 

18 that is related to the administration or enforce19 ment of any treaty, law, or regulation by the 

20 Coast Guard; 

21 ‘‘(C) stipulate to certain incontrovertible 

22 facts, including, but not limited to, the owner23 ship or operation of the vessel, or the authen24 ticity of documents and things from the vessel; 


wwoods2 on PRODPC68 with BILLS
112 

•S 1892 RS 

1 ‘‘(D) facilitate service of correspondence 

2 and legal papers; 

3 ‘‘(E) enter an appearance in Federal dis4 trict court; 

5 ‘‘(F) comply with directions regarding pay6 ment of funds; 

7 ‘‘(G) name an agent in the United States 

8 for service of process; 

9 ‘‘(H) make stipulations as to the authen10 ticity of certain documents in Federal district 

11 court; 

12 ‘‘(I) provide assurances that no discrimina13 tory or retaliatory measures will be taken 

14 against a seafarer involved in an investigation, 

15 reporting, documentation, or adjudication of 

16 any matter that is related to the administration 

17 or enforcement of any treaty, law, or regulation 

18 by the Coast Guard; 

19 ‘‘(J) provide financial security in the form 

20 of cash, bond, or other means acceptable to the 

21 Secretary; and 

22 ‘‘(K) provide for any other appropriate 

23 measures as the Secretary deems necessary to 

24 ensure the Government is not prejudiced by 


wwoods2 on PRODPC68 with BILLS
113 

•S 1892 RS 

1 granting the clearance required by section 

2 60105 of title 46. 

3 ‘‘(3) FUND.—The term ‘Fund’ means the Sup4 port of Seafarers Fund, established by subsection 

5 (b); 

6 ‘‘(4) NECESSARY SUPPORT.—The term ‘nec7 essary support’ means normal wages, lodging, sub8 sistence, clothing, medical care (including hos9 pitalization), repatriation, and any other expense the 

10 Secretary deems appropriate; 

11 ‘‘(5) SEAFARER.—The term ‘seafarer’ means an 

12 alien crewman who is employed or engaged in any 

13 capacity on board a vessel subject to the jurisdiction 

14 of the United States; 

15 ‘‘(6) SHIPOWNER.—The term ‘shipowner’ 

16 means the individual or entity that owns, has an 

17 ownership interest in, or operates a vessel subject to 

18 the jurisdiction of the United States; 

19 ‘‘(7) VESSEL SUBJECT TO THE JURISDICTION

20 OF THE UNITED STATES.—The term ‘vessel subject 

21 to the jurisdiction of the United States’ has the 

22 same meaning it has in section 70502(c) of title 46, 

23 except that it excludes a vessel owned or bareboat 

24 chartered and operated by the United States, by a 

25 State or political subdivision thereof, or by a foreign 


wwoods2 on PRODPC68 with BILLS
114 

•S 1892 RS 

1 nation, except when such vessel is engaged in com2 merce. 

3 ‘‘(e) REGULATIONS.—The Secretary is authorized to 

4 promulgate regulations to implement this subsection. 

5 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to the Fund $1,500,000 

7 for each of fiscal years 2009, 2010, and 2011.’’. 

8 (b) CLERICAL AMENDMENT.—The chapter analysis 

9 for chapter 5 of such title is amended by inserting after 

10 the item relating to section 89 the following: 

‘‘89a. Protection and fair treatment of seafarers.’’. 

11 SEC. 917. ICEBREAKERS. 

12 (a) IN GENERAL.—The Secretary of the department 

13 in which the Coast Guard is operating shall acquire or 

14 construct 2 polar icebreakers for operation by the Coast 

15 Guard in addition to its existing fleet of polar icebreakers. 

16 (b) NECESSARY MEASURES.—The Secretary shall 

17 take all necessary measures, including the provision of 

18 necessary operation and maintenance funding, to ensure 

19 that— 

20 (1) the Coast Guard maintains, at a minimum, 

21 its current vessel capacity for carrying out ice break22 ing in the Arctic and Antarctic, Great Lakes, and 

23 New England regions; and 


wwoods2 on PRODPC68 with BILLS
115 

•S 1892 RS 

1 (2) any such vessels that are not fully oper2 ational are brought up to, and maintained at full 

3 operational capability. 

4 (c) REIMBURSEMENT.—Nothing in this section shall 

5 preclude the Secretary from seeking reimbursement for 

6 operation and maintenance costs of such polar icebreakers 

7 from other Federal agencies and entities, including foreign 

8 countries, that benefit from the use of the icebreakers. 

9 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated for fiscal year 2008 to 

11 the Secretary of the department in which the Coast Guard 

12 is operating such sums as may be necessary to acquire 

13 the icebreakers authorized by subsection (a), as well as 

14 maintaining and operating the icebreaker fleet as author15 ized in subsection (b). 

16 SEC. 918. FUR SEAL ACT AUTHORIZATION. 

17 Section 206(c)(1) of the Fur Seal Act of 1966 (16 

18 U.S.C. 1166(c)(1)) is amended by striking ‘‘and 2007’’ 

19 and inserting ‘‘2007, 2008, and 2009’’. 

20 SEC. 919. STUDY OF RELOCATION OF COAST GUARD SEC21 TOR BUFFALO FACILITIES. 

22 (a) PURPOSES.—The purposes of this section are— 

23 (1) to authorize a project study to evaluate the 

24 feasibility of consolidating and relocating Coast 


wwoods2 on PRODPC68 with BILLS
116 

•S 1892 RS 

1 Guard facilities at Coast Guard Sector Buffalo with2 in the study area; 

3 (2) to obtain a preliminary plan for the design, 

4 engineering, and construction for the consolidation 

5 of Coast Guard facilities at Sector Buffalo; and 

6 (3) to distinguish what Federal lands, if any, 

7 shall be identified as excess after the consolidation. 

8 (b) DEFINITIONS.—In this section: 

9 (1) COMMANDANT.—The term ‘‘Commandant’’ 

10 means the Commandant of the Coast Guard. 

11 (2) SECTOR BUFFALO.—The term ‘‘Sector Buf12 falo’’ means Coast Guard Sector Buffalo of the 

13 Ninth Coast Guard District. 

14 (3) STUDY AREA.—The term ‘‘study area’’ 

15 means the area consisting of approximately 31 acres 

16 of real property and any improvements thereon that 

17 are commonly identified as Coast Guard Sector Buf18 falo, located at 1 Fuhrmann Boulevard, Buffalo, 

19 New York, and under the administrative control of 

20 the Coast Guard. 

21 (c) STUDY.— 

22 (1) IN GENERAL.—Within 12 months after the 

23 date on which funds are first made available to carry 

24 out this section, the Commandant shall conduct a 

25 project proposal report of the study area and shall 


wwoods2 on PRODPC68 with BILLS
117 

•S 1892 RS 

1 submit such report to the Committee on Commerce, 

2 Science, and Transportation of the Senate and the 

3 Committee on Transportation and Infrastructure of 

4 the House of Representatives. 

5 (2) REQUIREMENTS.—The project proposal re6 port shall— 

7 (A) evaluate the most cost-effective method 

8 for providing shore facilities to meet the oper9 ational requirements of Sector Buffalo; 

10 (B) determine the feasibility of consoli11 dating and relocating shore facilities on a por12 tion of the existing site, while— 

13 (i) meeting the operational require14 ments of Sector Buffalo; and 

15 (ii) allowing the expansion of oper16 ational requirements of Sector Buffalo; 

17 and 

18 (C) contain a preliminary plan for the de19 sign, engineering, and construction of the pro20 posed project, including— 

21 (i) the estimated cost of the design, 

22 engineering, and construction of the pro23 posed project; 

24 (ii) an anticipated timeline of the pro25 posed project; and 


wwoods2 on PRODPC68 with BILLS
118 

•S 1892 RS 

1 (iii) a description of what Federal 

2 lands, if any, shall be considered excess to 

3 Coast Guard needs. 

4 (d) LIMITATION.—Nothing in this section shall affect 

5 the current administration and management of the study 

6 area. 

7 SEC. 920. CONVEYANCE OF POINT NO POINT HISTORIC 

8 LIGHTHOUSE TO KITSAP COUNTY, WASH9 INGTON. 

10 (a) AUTHORITY TO CONVEY.— 

11 (1) IN GENERAL.—The Commandant of the 

12 Coast Guard shall convey to Kitsap County, Wash13 ington, without monetary consideration, all right, 

14 title, and interest, of the United States in and to 

15 Point No Point Lighthouse located in Kitsap County, 

16 Washington, together with any improvements thereon 

17 in their then current condition for the purpose of per18 mitting the County to use the property as a park and 

19 educational facility, and to preserve the important 

20 cultural and historic features of the site. All condi21 tions placed with the deed of title shall be construed 

22 as covenants running with the land. 

23 (2) IDENTIFICATION OF PROPERTY.—The Point 

24 No Point Lighthouse property is a 3.04 acre parcel 

25 located 1 mile east of the township of Hansville, 


wwoods2 on PRODPC68 with BILLS
119 

•S 1892 RS 

1 Kitsap County, Washington, and is legally described 

2 as all that tract of land situated in Kitsap County, 

3 Washington, and situated partly in lot 2 of section 15 

4 and partly in lot 2 section 22 both of said township 

5 28 north of said range 2 east W.M.; commencing at 

6 a point on east side of spit on said section 22 of 

7 township and range aforesaid; said point bearing 

8 S81*45’E 825 feet distant from quarter section corner 

9 between said sections 15 and 22 of township and 

10 range aforesaid; run thence (using var N21*30E) 

North 60* West at 236 1 11 ⁄4 feet from section line and 

enter section 15 at 561 1 12 ⁄4 feet point on west side of 

13 spit; thence N24*W 180 feet to low tide mark; thence 

14 following low tide mark line N72*E 450 feet; thence 

15 N86*E 250 feet; thence S39*30’E 300 feet; thence 

S3*15’E 252 1 16 ⁄2 feet cross section line and enter sec17 tion 22; at 371 feet, point at low tide mark; thence 

18 west 330 feet to the place of beginning. 

19 (3) HISTORICAL ARTIFACTS.—The Commandant 

20 may retain all right, title, and interest of the United 

21 States in and to any historical artifact that is associ22 ated with and located at the Point No Point Light23 house at the time of conveyance. Notwithstanding the 

24 preceding sentence, the decommissioned, but in-place, 

25 fourth order Fresnel lens at the lighthouse will be conVerDate Aug 31 2005 02:50 Feb 06, 2008 Jkt 069200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6203 E:\BILLS\S1892.RS S1892

wwoods2 on PRODPC68 with BILLS
120 

•S 1892 RS 

1 veyed with the lighthouse. Artifacts associated with, 

2 but not located at the Point No Point Lighthouse at 

3 the time of conveyance, shall remain the personal 

4 property of the United States under the administra5 tive control of the Commandant. 

6 (b) TERMS AND CONDITIONS OF CONVEYANCE.— 

7 (1) IN GENERAL.—The conveyance of the Point 

8 No Point Lighthouse shall be made subject to any 

9 terms and conditions the Commandant considers nec10 essary, including the reservation of easements and 

11 other rights on behalf of the United States, to ensure 

12 that— 

13 (A) the aids to navigation located at the 

14 Point No Point Lighthouse shall remain the per15 sonal property of the United States and continue 

16 to be operated and maintained by the United 

17 States for as long as needed for navigational 

18 purposes; 

19 (B) there is reserved to the United States 

20 the right to remove, relocate, or replace any aid 

21 to navigation located upon, or install or con22 struct any aid to navigation upon, the property 

23 conveyed under this section as may be necessary 

24 for navigational purposes; 


wwoods2 on PRODPC68 with BILLS
121 

•S 1892 RS 

1 (C) the United States shall have the right to 

2 enter the property conveyed under this section at 

3 any time, without notice, for purposes of oper4 ating, maintaining, and inspecting any aid to 

5 navigation and for the purpose of exercising any 

6 of the rights set forth in subparagraph (B); and 

7 (D) Kitsap County shall not interfere or 

8 allow interference, in any manner, with any aid 

9 to navigation, nor hinder activities required for 

10 the inspection, operation, and maintenance of 

11 any aid to navigation, without the express writ12 ten permission of the head of the agency respon13 sible for the aid to navigation. 

14 (2) MAINTENANCE.—Kitsap County shall, at its 

15 own cost and expense, maintain the Point No Point 

16 Lighthouse in a proper, substantial, and workmanlike 

17 manner, and in accordance with any conditions es18 tablished by the Commandant under the National 

19 Historic Preservation Act of 1966 (16 U.S.C. 470 et 

20 seq.), and any other applicable laws. 

21 (3) PUBLIC AVAILABILITY.—Kitsap County shall 

22 ensure that the Point No Point Lighthouse conveyed 

23 is available to the public, on a reasonable basis, for 

24 educational, park, recreational, cultural, historic 


wwoods2 on PRODPC68 with BILLS
122 

•S 1892 RS 

1 preservation or similar purposes, as permitted by the 

2 Commandant. 

3 (4) RESTRICTIONS ON ALIENATION.—Kitsap 

4 County shall not convey, assign, exchange, or in any 

5 way encumber the property for consideration, unless 

6 approved by the Commandant. 

7 (5) OPERATION.—The County may enter into a 

8 partnership with an organization for the operation 

9 and maintenance of the duplex and associated struc10 tures. All revenues generated by such activities will be 

11 used for the preservation, restoration, maintenance 

12 and operation of the lighthouse property. Kitsap 

13 County shall not otherwise conduct any commercial 

14 activities at the Point No Point Lighthouse unless ap15 proved by the Commandant. 

16 (6) AIDS TO NAVIGATION.—Kitsap County shall 

17 not be required to maintain any active aid to naviga18 tion associated with the Point No Point Lighthouse, 

19 except for private aids to navigation permitted under 

20 section 83 of title 14, United States Code. 

21 (c) REVERSIONARY INTEREST.—In addition to any 

22 term or condition established pursuant to this section, the 

23 conveyance of property under this section shall include a 

24 condition that the Point No Point Lighthouse, at the option 

25 of the Commandant, shall revert to the United States and 


wwoods2 on PRODPC68 with BILLS
123 

•S 1892 RS 

1 be placed under the administrative control of the Com2 mandant, if— 

3 (1) the Point No Point Lighthouse, or any part 

4 thereof, ceases to be maintained in a manner that en5 sures its present or future use as a site for an aid to 

6 navigation as determined by the Commandant; 

7 (2) the Point No Point Lighthouse, or any part 

8 thereof, ceases to be available to the public, on a rea9 sonable basis, for educational, park, recreational, cul10 tural, historic preservation or similar purposes, as 

11 permitted by the Commandant; 

12 (3) the Point No Point Lighthouse, or any part 

13 thereof, ceases to be maintained in a manner compli14 ant with any conditions established under the Na15 tional Historic Preservation Act of 1966 (16 U.S.C. 

16 470 et seq.), and any other applicable laws, as estab17 lished by the Commandant; 

18 (4) Kitsap County conveys, assigns, exchanges, 

19 or in any encumbers the property for consideration, 

20 unless approved by the Commandant; 

21 (5) Kitsap County conducts any commercial ac22 tivities at the Point No Point Lighthouse unless ap23 proved by the Commandant, except as noted in sub24 section (b)(5); or 


wwoods2 on PRODPC68 with BILLS
124 

•S 1892 RS 

1 (6) at least 30 days before the reversion, the 

2 Commandant provides written notice to the grantee 

3 that the property conveyed under this section, or any 

4 portion thereof, is needed for national security pur5 poses. 

6 (d) AID TO NAVIGATION DEFINED.—In this section the 

7 term ‘‘aid to navigation’’ means equipment used for naviga8 tional purposes, including lights, antennas, sound signals, 

9 electronic navigation equipment, cameras, sensors, and 

10 other equipment which are operated or maintained by the 

11 United States. 

12 SEC. 921. FACILITY SECURITY PLANS. 

13 Each facility security plan approved under section 

14 70103(c) of title 46, United State Code, shall provide a sys15 tem for seamen assigned to a vessel at that facility, pilots, 

16 and representatives of seamen’s welfare and labor organiza17 tions, to board and depart the vessel through the facility 

18 in a timely manner at no cost to the individual. Nothing 

19 in this section shall be construed to affect the requirement 

20 for or the fees associated with applying for and receiving 

21 a Transportation Worker Identification Credential pursu22 ant to section 70107 of title 46, United States Code. 


wwoods2 on PRODPC68 with BILLS
125 

•S 1892 RS 

1 SEC. 922. CLASS ACTION SUITS FOR CREW WAGES ON PAS2 SENGER VESSELS; DEPOSIT OF SEAMAN’S 

3 WAGES. 

4 (a) TIME LIMIT FOR FILING CLASS ACTION SUIT.— 

5 Section 10313 of title 46, United States Code, is amended 

6 by adding at the end thereof the following: 

7 ‘‘(j) CLASS ACTION SUIT FOR WAGES.—A class action 

8 suit by seamen employed on a passenger vessel capable of 

9 carrying more than 500 passengers for wages under this 

10 section may not be commenced more than 3 years after the 

11 date of the end of the last voyage for which wages are 

12 claimed.’’. 

13 (b) DEPOSITS.—Section 10315 of title 46, United 

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

15 ‘‘(f) DEPOSITS IN SEAMAN ACCOUNT.—A seaman em16 ployed on a passenger vessel capable of carrying more than 

17 500 passengers may authorize, by written request signed by 

18 the seaman, the master, owner, or operator of the vessel, 

19 or the employer of the seaman, to make deposits of wages 

20 of the seaman into a checking, savings, investment, or re21 tirement account, or other account to secure a payroll or 

22 debit card for the seaman if— 

23 ‘‘(1) the wages designated by the seaman for such 

24 deposit are deposited in a United States or inter25 national financial institution designated by the sea26 man; 


wwoods2 on PRODPC68 with BILLS
126 

•S 1892 RS 

1 ‘‘(2) such deposits in the financial institution 

2 are fully guaranteed under commonly accepted inter3 national standards by the government of the country 

4 in which the financial institution is licensed; 

5 ‘‘(3) a written wage statement or pay stub, in6 cluding an accounting of any direct deposit, is deliv7 ered to the seaman no less often than monthly; and 

8 ‘‘(4) while on board the vessel on which the sea9 man is employed, the seaman is able to arrange for 

10 withdrawal of all funds on deposit in the account in 

11 which the wages are deposited.’’. 

12 SEC. 920. SEC. 923. INSPECTOR GENERAL REPORT ON COAST 

13 GUARD DIVE PROGRAM. 

14 (a) INSPECTOR GENERAL REPORT.—Within 1 year 

15 after the date of enactment of this Act, the Inspector Gen16 eral of the Department of Homeland Security shall submit 

17 a report to the Senate Committee on Commerce, Science, 

18 and Transportation and the House of Representatives 

19 Committee on Transportation and Infrastructure on the 

20 circumstances surrounding the accidental death of Coast 

21 Guard crew members on a training dive while serving 

22 aboard the Coast Guard icebreaker HEALY on August 

23 17, 2006. The Inspector General shall include in the re24 port— 


wwoods2 on PRODPC68 with BILLS
127 

•S 1892 RS 

1 (1) a description of programmatic changes 

2 made by the Coast Guard in its dive program in re3 sponse to the accident; 

4 (2) an evaluation of whether those changes are 

5 effective and are sufficient to prevent similar acci6 dents; and 

7 (3) recommendations for further improvement 

8 in the safety of the dive program. 

9 (b) HILL-DUQUE COAST GUARD DIVE PROGRAM RE10 PORT.—Within 6 months after the date of enactment of 

11 this Act, the Inspector General shall submit an interim 

12 report to the Committees describing the progress made in 

13 preparing the report required by subsection (a). 

14 TITLE X—VESSEL CONVEYANCE 

15 SEC. 1001. SHORT TITLE. 

16 This title may be cited as the ‘‘Vessel Conveyance Act’’. 

17 SEC. 1002. CONVEYANCE OF UNITED STATES VESSELS FOR 

18 PUBLIC PURPOSES. 

19 (a) IN GENERAL.—The conveyance of a United States 

20 Government vessel to an eligible entity for use as an edu21 cational, cultural, historical, charitable, or recreational or 

22 other public purpose shall be made subject to any condi23 tions, including the reservation of such rights on behalf of 

24 the United States, as the Secretary considers necessary to 

25 ensure that the vessel will be maintained and used in acVerDate Aug 31 2005 02:50 Feb 06, 2008 Jkt 069200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6203 E:\BILLS\S1892.RS S1892

wwoods2 on PRODPC68 with BILLS
128 

•S 1892 RS 

1 cordance with the purposes for which it was conveyed, in2 cluding conditions necessary to ensure that unless approved 

3 by the Secretary— 

4 (1) the eligible entity to which the vessel is con5 veyed may not sell, convey, assign, exchange, or en6 cumber the vessel, any part thereof, or any associated 

7 historic artifact conveyed to the eligible entity in con8 junction with the vessel; and 

9 (2) the eligible entity to which the vessel is con10 veyed may not conduct any commercial activities at 

11 the vessel, any part thereof, or in connection with any 

12 associated historic artifact conveyed to the eligible en13 tity in conjunction with the vessel, in any manner. 

14 (b) REVERSION.—In addition to any term or condition 

15 established pursuant to this section, the conveyance of a 

16 United States Government vessel shall include a condition 

17 that the vessel, or any associated historic artifact conveyed 

18 to the eligible entity in conjunction with the vessel, at the 

19 option of the Secretary, shall revert to the United States 

20 and be placed under the administrative control of the Ad21 ministrator if, without approval of the Secretary— 

22 (1) the vessel, any part thereof, or any associated 

23 historic artifact ceases to be available for the edu24 cational, cultural, historical, charitable, or rec25 reational or other public purpose for which it was 


wwoods2 on PRODPC68 with BILLS
129 

•S 1892 RS 

1 conveyed under reasonable conditions which shall be 

2 set forth in the eligible entity’s application; 

3 (2) the vessel or any part thereof ceases to be 

4 maintained in a manner consistent with the commit5 ments made by the eligible entity to which it was con6 veyed; 

7 (3) the eligible entity to which the vessel is con8 veyed, sells, conveys, assigns, exchanges, or encumbers 

9 the vessel, any part thereof, or any associated historic 

10 artifact; or 

11 (4) the eligible entity to which the vessel is con12 veyed, conducts any commercial activities at the ves13 sel, any part thereof, or in conjunction with any asso14 ciated historic artifact. 

15 (c) AGREEMENT REQUIRED.—Except as may be other16 wise explicitly provided by statute, a United States Govern17 ment vessel may not be conveyed to an entity unless that 

18 entity agrees to comply with any terms or conditions im19 posed on the conveyance under this section. 

20 (d) RECORDS AND MONITORING.— 

21 (1) COMPILATION AND TRANSFER.—The Sec22 retary shall provide a written or electronic record for 

23 each vessel conveyed pursuant to the Secretary’s au24 thority, including the vessel registration, the applica25 tion for conveyance, the terms and conditions of conVerDate Aug 31 2005 02:50 Feb 06, 2008 Jkt 069200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6203 E:\BILLS\S1892.RS S1892

wwoods2 on PRODPC68 with BILLS
130 

•S 1892 RS 

1 veyance, and any other documents associated with the 

2 conveyance, and any post-conveyance correspondence 

3 or other documentation, to the Administrator. 

4 (2) MONITORING.—For a period not less than 5 

5 years after the date of conveyance the Administrator 

6 shall monitor the eligible entity’s use of the vessel con7 veyed to ensure that the vessel is being used in accord8 ance with the purpose for which it was conveyed. The 

9 Administrator shall create a written or electronic 

10 record of such monitoring activities and their find11 ings. 

12 (3) MAINTENANCE.—The Administrator shall 

13 maintain vessel conveyance records provided under 

14 paragraph (1), and monitoring records created under 

15 paragraph (2), on each vessel conveyed until such 

16 time as the vessel is destroyed, scuttled, recycled, or 

17 otherwise disposed of. The Administrator may make 

18 the records available to the public. 

19 (e) COST ESTIMATES.—The Secretary may provide an 

20 estimate to an eligible entity of the cost of maintaining and 

21 operating any vessel to be conveyed to that entity. 

22 (f) GUIDANCE.—The Secretary may issue guidance 

23 concerning the types and extent of commercial activities, 

24 including the sale of goods or services incidental to, and 

25 consistent with, the purposes for which a vessel was conVerDate Aug 31 2005 02:50 Feb 06, 2008 Jkt 069200 PO 00000 Frm 00130 Fmt 6652 Sfmt 6203 E:\BILLS\S1892.RS S1892

wwoods2 on PRODPC68 with BILLS
131 

•S 1892 RS 

1 veyed, that are approved by the Secretary for purposes of 

2 subsections (a)(2) and (b)(4) of this section. 

3 SEC. 1003. WORKING GROUP ON CONVEYANCE OF UNITED 

4 STATES VESSELS. 

5 Within 180 days after the date of enactment of this 

6 Act, the Secretary of Transportation shall convene a work7 ing group, composed of representatives from the Maritime 

8 Administration, the Coast Guard, and the United States 

9 Navy to review and to make recommendations on a common 

10 set of conditions for the conveyance of vessels of the United 

11 States to eligible entities (as defined in section 1002(d)(2)). 

12 The Secretary may request the participation of senior rep13 resentatives of any other Federal department or agency, as 

14 appropriate. 

15 SEC. 1004. CIVIL ENFORCEMENT OF CONVEYANCE CONDI16 TIONS. 

17 (a) CIVIL ADMINISTRATIVE PENALTIES.— 

18 (1) Any eligible entity found by the Secretary, 

19 after notice and opportunity for a hearing in accord20 ance with section 554 of title 5, United States Code, 

21 to have failed to comply with the terms and condi22 tions under which a vessel was conveyed to it shall be 

23 liable to the United States for a civil penalty. The 

24 amount of the civil penalty under this paragraph 

25 shall not exceed $10,000 for each violation. Each day 


wwoods2 on PRODPC68 with BILLS
132 

•S 1892 RS 

1 of a continuing violation shall constitute a separate 

2 violation. 

3 (2) COMPROMISE OR OTHER ACTION BY THE

4 SECRETARY.—The Secretary may compromise, mod5 ify, or remit, with or without conditions, any civil 

6 administrative penalty imposed under this section 

7 that has not been referred to the Attorney General for 

8 further enforcement action. 

9 (b) HEARING.—For the purposes of conducting any in10 vestigation or hearing under this section, the Secretary may 

11 issue subpoenas for the attendance and testimony of wit12 nesses and the production of relevant papers, books, and 

13 documents, and may administer oaths. Witnesses sum14 moned shall be paid the same fees and mileage that are paid 

15 to witnesses in the courts of the United States. In case of 

16 contempt or refusal to obey a subpoena served upon any 

17 person pursuant to this subsection, the district court of the 

18 United States for any district in which such person is 

19 found, resides, or transacts business, upon application by 

20 the United States and after notice to such person, shall have 

21 jurisdiction to issue an order requiring such person to ap22 pear and give testimony before the Secretary or to appear 

23 and produce documents before the Secretary, or both, and 

24 any failure to obey such order of the court may be punished 

25 by such court as a contempt thereof. Nothing in this title 


wwoods2 on PRODPC68 with BILLS
133 

•S 1892 RS 

1 shall be construed to grant jurisdiction to a district court 

2 to entertain an application for an order to enforce a sub3 poena issued by the Secretary of Commerce to the Federal 

4 Government or any entity thereof. 

5 (c) JURISDICTION.—The United States district courts 

6 shall have original jurisdiction of any action under this sec7 tion arising out of or in connection with the operation, 

8 maintenance, or disposition of a conveyed vessel, and pro9 ceedings with respect to any such action may be instituted 

10 in the judicial district in which any defendant resides or 

11 may be found. For the purpose of this section, American 

12 Samoa shall be included within the judicial district of the 

13 District Court of the United States for the District of Ha14 waii. 

15 (d) COLLECTION.—If an eligible entity fails to pay an 

16 assessment of a civil penalty after it has become a final 

17 and unappealable order, or after the appropriate court has 

18 entered final judgment in favor of the Secretary, the matter 

19 may be referred to the Attorney General, who may recover 

20 the amount (plus interest at currently prevailing rates from 

21 the date of the final order). In such action the validity, 

22 amount, and appropriateness of the final order imposing 

23 the civil penalty shall not be subject to review. Any eligible 

24 entity that fails to pay, on a timely basis, the amount of 

25 an assessment of a civil penalty shall be required to pay, 


wwoods2 on PRODPC68 with BILLS
134 

•S 1892 RS 

1 in addition to such amount and interest, attorney’s fees and 

2 costs for collection proceedings and a quarterly nonpayment 

3 penalty for each quarter during which such failure to pay 

4 persists. Such nonpayment penalty shall be in an amount 

5 equal to 20 percent of the aggregate amount of such the enti6 ty’s penalties and nonpayment penalties which are unpaid 

7 as of the beginning of such quarter. 

8 (e) NATIONWIDE SERVICE OF PROCESS.—In any ac9 tion by the United States under this title, process may be 

10 served in any district where the defendant is found, resides, 

11 transacts business or has appointed an agent for the service 

12 of process, and for civil cases may also be served in a place 

13 not within the United States in accordance with Rule 4 

14 of the Federal Rules of Civil Procedure. 

15 SEC. 1005. DEFINITIONS. 

16 In this title: 

17 (1) ADMINISTRATOR.—The term ‘‘Adminis18 trator’’ means the Administrator of General Services. 

19 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti20 ty’’ means a State or local government, nonprofit cor21 poration, educational agency, community develop22 ment organization, or other entity that agrees to com23 ply with the conditions established under this section. 


wwoods2 on PRODPC68 with BILLS
135 

•S 1892 RS 

1 (3) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of the department or agency on whose 

3 authority a vessel is conveyed to an eligible entity. 

4 (4) UNITED STATES GOVERNMENT VESSEL.—The 

5 term ‘‘United States government vessel’’ means a ves6 sel owned by the United States Government. 


wwoods2 on PRODPC68 with BILLS
Calendar No. 568 

110TH CONGRESS 

2D SESSION S. 1892 

[Report No. 110

–261] 

A BILL 

To reauthorize the Coast Guard for fiscal year 

2008, and for other purposes. 

FEBRUARY 5, 2008 

Reported with amendments 


wwoods2 on PRODPC68 with BILLS