II 

110TH CONGRESS 

1ST SESSION S. 1892 

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. SNOW, 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 

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’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 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. 


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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. 

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. 


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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. 

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


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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 bene20 fits and related costs of acquisition, construction, 

21 and improvements shall be available for procurement 

22 of services necessary to carry out the Integrated 

23 Deepwater Systems program. 

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

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1 tions for this purpose), payments under the Retired 

2 Serviceman’s Family Protection and Survivor Ben3 efit Plans, and payments for medical care of retired 

4 personnel and their dependents under chapter 55 of 

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

6 (4) For environmental compliance and restora7 tion functions under chapter 19 of title 14, United 

8 States Code, $12,079,000. 

9 (5) For research, development, test, and evalua10 tion programs related to maritime technology, 

11 $17,583,000. 

12 (6) For operation and maintenance of the Coast 

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

14 (7) For the construction of a new Chelsea 

15 Street Bridge in Chelsea, Massachusetts, 

16 $3,000,000. 

17 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 

18 AND TRAINING. 

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

20 authorized an end-of-year strength of active duty per21 sonnel of 45,500 as of September 30, 2008. 

22 (b) MILITARY TRAINING STUDENT LOADS.—For fis23 cal year 2008, the Coast Guard is authorized average mili24 tary training student loads as follows: 


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1 (1) For recruit and special training, 2,500 stu2 dent years. 

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

4 (3) For professional training in military and ci5 vilian institutions, 350 student years. 

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

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

8 (a) IN GENERAL.—There are authorized to be appro9 priated $1,000,000 for each of fiscal years 2008 and 2009 

10 to the Secretary of the department in which the Coast 

11 Guard is operating to continue deployment of a World 

12 Wide Web-based risk management system to help reduce 

13 accidents and fatalities. 

14 (b) IMPLEMENTATION STATUS REPORT.—Within 90 

15 days after the date of enactment of this Act, the Com16 mandant of the Coast Guard shall submit a report to the 

17 Senate Committee on Commerce, Science, and Transpor18 tation on the status of implementation of the system. 

19 TITLE II—ORGANIZATION 

20 SEC. 201. VICE COMMANDANT; VICE ADMIRALS. 

21 (a) VICE COMMANDANT.—The fourth sentence of sec22 tion 47 of title 14, United States Code, is amended by 

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

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

25 amended to read as follows: 


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1 ‘‘§ 50. Vice admirals 

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

3 4 positions of importance and responsibility that shall be 

4 held by officers who— 

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

6 vice admiral, with the pay and allowances of that 

7 grade; and 

8 ‘‘(B) shall perform such duties as the Com9 mandant may prescribe. 

10 ‘‘(2) The President may appoint, by and with the ad11 vice and consent of the Senate, and reappoint, by and with 

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

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

14 duty above the grade of captain. The Commandant shall 

15 make recommendations for such appointments. 

16 ‘‘(b)(1) The appointment and the grade of vice admi17 ral shall be effective on the date the officer assumes that 

18 duty and, except as provided in paragraph (2) of this sub19 section or in section 51(d) of this title, shall terminate 

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

21 ‘‘(2) An officer who is appointed to a position des22 ignated under subsection (a) shall continue to hold the 

23 grade of vice admiral— 

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

25 to another position designated under subsection (a), 

26 beginning on the date the officer is detached from 


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1 that duty and terminating on the date before the 

2 day the officer assumes the subsequent duty, but not 

3 for more than 60 days; 

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

5 the hospitalization and ending on the day the officer 

6 is discharged from the hospital, but not for more 

7 than 180 days; and 

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

9 the date the officer is detached from duty and end10 ing on the day before the officer’s retirement, but 

11 not for more than 60 days. 

12 ‘‘(c)(1) An appointment of an officer under sub13 section (a) does not vacate the permanent grade held by 

14 the officer. 

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

16 who holds the permanent grade of rear admiral (lower 

17 half) shall be considered for promotion to the permanent 

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

19 officer’s permanent grade. 

20 ‘‘(d) Whenever a vacancy occurs in a position des21 ignated under subsection (a), the Commandant shall in22 form the President of the qualifications needed by an offi23 cer serving in that position or office to carry out effectively 

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

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


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

2 title is amended— 

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

4 inserting the following: 

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

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

7 retired for physical disability shall be placed on the retired 

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

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

10 retired while serving in the grade of admiral or vice admiral, or who, after serving at least 21 11 ⁄2 years in the grade 

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

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

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

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

after serving less than 21 16 ⁄2 years in the grade of admiral 

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

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

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

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

21 Admiral’’. 

22 (e) CLERICAL AMENDMENTS.— 

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

24 title is amended to read as follows: 


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

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

3 title is amended— 

4 (A) by striking the item relating to section 

5 47 and inserting the following: 

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

6 (B) by striking the item relating to section 

7 50a; and 

8 (C) by striking the item relating to section 

9 50 and inserting the following: 

‘‘50. Vice admirals.’’. 

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

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

12 fifth sentence and inserting ‘‘section’’. 

13 SEC. 202. MERCHANT MARINER MEDICAL ADVISORY COM14 MITTEE. 

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

16 States Code, is amended by adding at the end the fol17 lowing new section: 

18 ‘‘§ 55. Merchant Mariner Medical Advisory Committee 

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

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

21 Medical Advisory Committee. 

22 ‘‘(2) The Committee shall consist of 12 mem23 bers, none of whom shall be a Federal employee— 


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1 ‘‘(A) 10 of whom shall be health-care pro2 fessionals with particular expertise, knowledge, 

3 or experience regarding the medical examina4 tions of merchant mariners or occupational 

5 medicine; and 

6 ‘‘(B) 2 of whom shall be professional mari7 ners with knowledge and experience in mariner 

8 occupational requirements. 

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

10 considered Federal employees or otherwise in the 

11 service or the employment of the Federal Govern12 ment, except that members shall be considered spe13 cial Government employees, as defined in section 

14 202(a) of title 18 and any administrative standards 

15 of conduct applicable to the employees of the depart16 ment in which the Coast Guard is operating. 

17 ‘‘(b) APPOINTMENTS; TERMS; VACANCIES; ORGANI18 ZATION.— 

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

20 of the Committee, and each member shall serve at 

21 the pleasure of the Secretary. 

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

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

24 appointed, 3 members shall be appointed for a term 


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

2 term of 1 year. 

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

4 prior to the expiration of the term for which such 

5 member’s predecessor was appointed shall be ap6 pointed for the remainder of such term. 

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

8 the Chairman and 1 member as the Vice Chairman. 

9 The Vice Chairman shall act as Chairman in the ab10 sence or incapacity of, or in the event of a vacancy 

11 in the office of, the Chairman. 

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

13 enactment of the Coast Guard Authorization Act for 

14 Fiscal Year 2008, the Committee shall hold its first 

15 meeting. 

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

17 Secretary on matters relating to— 

18 ‘‘(1) medical certification determinations for 

19 issuance of merchant mariner credentials; 

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

21 physical qualifications of operators of commercial 

22 vessels; 

23 ‘‘(3) medical examiner education; and 

24 ‘‘(4) medical research. 


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

2 of the Committee shall serve without compensation, except 

3 that, while engaged in the performance of duties away 

4 from their homes or regular places of business of the mem5 ber, the member of the Committee may be allowed travel 

6 expenses, including per diem in lieu of subsistence, as au7 thorized by section 5703 of title 5. 

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

9 to the Committee such personnel and services as are con10 sidered necessary for the conduct of its business.’’. 

11 (b) CLERICAL AMENDMENT.—The analysis for chap12 ter 3 of such title is amended by adding at the end the 

13 following: 

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

14 SEC. 203. AUTHORITY TO DISTRIBUTE FUNDS THROUGH 

15 GRANTS, COOPERATIVE AGREEMENTS, AND 

16 CONTRACTS TO MARITIME AUTHORITIES AND 

17 ORGANIZATIONS. 

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

19 amended by adding at the end the following: 

20 ‘‘(c) GRANTS TO INTERNATIONAL MARITIME ORGA21 NIZATIONS.—The Commandant may, after consultation 

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

23 cooperative agreements, contracts, or other agreements 

24 with, international maritime organizations for the purpose 

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1 spections, security, safety and environmental require2 ments, classification, and port state or flag state law en3 forcement or oversight.’’. 

4 SEC. 204. ASSISTANCE TO FOREIGN GOVERNMENTS AND 

5 MARITIME AUTHORITIES. 

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

7 amended by adding at the end the following: 

8 ‘‘(d) AUTHORIZED ACTIVITIES.— 

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

10 funds from any appropriation available to the Coast 

11 Guard for— 

12 ‘‘(A) the activities of traveling contact 

13 teams, including any transportation expense, 

14 translation services expense, or administrative 

15 expense that is related to such activities; 

16 ‘‘(B) the activities of maritime authority li17 aison teams of foreign governments making re18 ciprocal visits to Coast Guard units, including 

19 any transportation expense, translation services 

20 expense, or administrative expense that is re21 lated to such activities; 

22 ‘‘(C) seminars and conferences involving 

23 members of maritime authorities of foreign gov24 ernments; 


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1 ‘‘(D) distribution of publications pertinent 

2 to engagement with maritime authorities of for3 eign governments; and 

4 ‘‘(E) personnel expenses for Coast Guard 

5 civilian and military personnel to the extent 

6 that those expenses relate to participation in an 

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

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

9 this subsection with a foreign country unless the 

10 Secretary of State approves the conduct of such ac11 tivity in that foreign country.’’. 

12 TITLE III—PERSONNEL 

13 SEC. 301. EMERGENCY LEAVE RETENTION AUTHORITY. 

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

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

16 or emergency by the President under the Robert T. Staf17 ford Disaster Relief and Emergency Assistance Act (Pub18 lic Law 93–288, 42 U.S.C. 5121 et seq.)’’ after ‘‘oper19 ation’’. 

20 SEC. 302. LEGAL ASSISTANCE FOR COAST GUARD RESERV21 ISTS. 

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

23 is amended— 

24 (1) by striking ‘‘(as determined by the Sec25 retary of Defense),’’ and inserting ‘‘(as determined 


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1 by the Secretary of Defense and the Secretary of the 

2 department in which the Coast Guard is operating, 

3 with respect to the Coast Guard when it is not oper4 ating as a service of the Navy),’’; and 

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

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

7 Defense and the Secretary of the department in 

8 which the Coast Guard is operating, with respect to 

9 the Coast Guard when it is not operating as a serv10 ice of the Navy,’’. 

11 SEC. 303. REIMBURSEMENT FOR CERTAIN MEDICAL-RE12 LATED TRAVEL EXPENSES. 

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

14 amended— 

15 (1) by striking ‘‘IN GENERAL.—In’’ and insert16 ing ‘‘IN GENERAL.—(1) In’’; and 

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

18 ‘‘(2) In any case in which a covered beneficiary re19 sides on an INCONUS island that lacks public access 

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

21 physician to a specialty care provider on the mainland who 

22 provides services less than 100 miles from the location in 

23 which the beneficiary resides, the Secretary shall reim24 burse the reasonable travel expenses of the covered bene25 ficiary, and, when accompaniment by an adult is necVerDate Aug 31 2005 02:15 Jul 28, 2007 Jkt 059200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S1892.IS S1892

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1 essary, for a parent or guardian of the covered beneficiary 

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

3 is at least 21 years of age.’’. 

4 SEC. 304. NUMBER AND DISTRIBUTION OF COMMISSIONED 

5 OFFICERS ON THE ACTIVE DUTY PROMOTION 

6 LIST. 

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

8 States Code, is amended— 

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

10 inserting the following: 

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

12 officers on the active duty promotion list, excluding war13 rant officers, shall not exceed 6,700. This total number 

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

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

16 Guard Academy class. 

17 ‘‘(b) The total number of commissioned officers au18 thorized by this section shall be distributed in grade not 

19 to exceed the following percentages: 

20 ‘‘(1) 0.375 percent for rear admiral. 

21 ‘‘(2) 0.375 percent for rear admiral (lower 

22 half). 

23 ‘‘(3) 6.0 percent for captain. 

24 ‘‘(4) 15.0 percent for commander. 

25 ‘‘(5) 22.0 percent for lieutenant commander. 


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1 The Secretary shall prescribe the percentages applicable 

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

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

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

5 paragraphs (1) through (5) and apply that total percent6 age reduction to any other lower grade or combination of 

7 lower grades. 

8 ‘‘(c) The Secretary shall, at least once a year, com9 pute the total number of commissioned officers authorized 

10 to serve in each grade by applying the grade distribution 

11 percentages of this section to the total number of commis12 sioned officers listed on the current active duty promotion 

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

14 rounded to the nearest whole number. The number of com15 missioned officers on the active duty promotion list serving 

16 with other departments or agencies on a reimbursable 

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

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

19 of commissioned officers authorized to serve in each 

20 grade.’’; 

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

22 following: 

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

24 on active duty in each grade of the permanent commis25 sioned teaching staff of the Coast Guard Academy and 


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1 of the Reserve serving in connection with organizing, ad2 ministering, recruiting, instructing, or training the reserve 

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

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

5 inserting the following: 

6 ‘‘§ 42. Number and distribution of commissioned offi7 cers on the active duty promotion list’’. 

8 (b) CLERICAL AMENDMENT.—The chapter analysis 

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

10 relating to section 42 and inserting the following: 

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

11 SEC. 305. RESERVE COMMISSIONED WARRANT OFFICER TO 

12 LIEUTENANT PROGRAM. 

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

14 amended to read as follows: 

15 ‘‘(a) The President may appoint temporary commis16 sioned officers— 

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

18 not above lieutenant, appropriate to their qualifica19 tions, experience, and length of service, as the needs 

20 of the Coast Guard may require, from among the 

21 commissioned warrant officers, warrant officers, and 

22 enlisted members of the Coast Guard, and from li23 censed officers of the United States merchant ma24 rine; and 


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

2 not above lieutenant, appropriate to their qualifica3 tions, experience, and length of service, as the needs 

4 of the Coast Guard may require, from among the 

5 commissioned warrant officers of the Coast Guard 

6 Reserve.’’. 

7 SEC. 306. ENHANCED STATUS QUO OFFICER PROMOTION 

8 SYSTEM. 

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

10 is amended— 

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

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

13 of officers the board may recommend for promotion’’ 

14 and inserting ‘‘consideration’’. 

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

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

17 and 

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

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

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

21 board— 

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

23 the service for officers having particular skills, in24 cluding direction relating to the need for a minimum 


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1 number of officers with particular skills within a 

2 specialty; and 

3 ‘‘(2) such other guidance that the Secretary be4 lieves may be necessary to enable the board to prop5 erly perform its functions. 

6 Selections made based on the direction and guidance pro7 vided under this subsection shall not exceed the maximum 

8 percentage of officers who may be selected from below the 

9 announced promotion zone at any given selection board 

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

11 (c) Section 259(a) of such title is amended by strik12 ing ‘‘board’’ the second place it appears and inserting 

13 ‘‘board, giving due consideration to the needs of the serv14 ice for officers with particular skills so noted in the spe15 cific direction furnished pursuant to section 258 of this 

16 title,’’. 

17 (d) Section 260(b) of such title is amended by insert18 ing ‘‘to meet the needs of the service (as noted in the spe19 cific direction furnished the board under section 258 of 

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

21 SEC. 307. APPOINTMENT OF CIVILIAN COAST GUARD 

22 JUDGES. 

23 Section 875 of the Homeland Security Act of 2002 

24 (6 U.S.C. 455) is amended— 


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1 (1) by redesignating subsection (c) as sub2 section (d); and 

3 (2) by inserting after subsection (b) the fol4 lowing: 

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

6 appoint civilian employees of the Department of Homeland 

7 Security as appellate military judges, available for assign8 ment to the Coast Guard Court of Criminal Appeals as 

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

10 Code.’’. 

11 SEC. 308. COAST GUARD PARTICIPATION IN THE ARMED 

12 FORCES RETIREMENT HOME SYSTEM. 

13 (a) ELIGIBILITY UNDER THE ARMED FORCES RE14 TIREMENT HOME ACT.—Section 1502 of the Armed 

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

16 is amended— 

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

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

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

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

21 10.’’; 

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

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

24 and inserting ‘‘Affairs; and’’; 


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

2 following: 

3 ‘‘(E) the Assistant Commandant of the 

4 Coast Guard for Human Resources.’’; and 

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

6 following: 

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

8 Coast Guard.’’. 

9 (b) DEDUCTIONS.— 

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

11 Code, is amended— 

12 (A) by striking ‘‘of the military depart13 ment’’ in subsection (a); 

14 (B) by striking ‘‘Armed Forces Retirement 

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

16 ‘‘Chief Operating Officer of the Armed Forces 

17 Retirement Home’’; and 

18 (C) by striking subsection (c). 

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

20 Code, is amended— 

21 (A) by striking ‘‘Armed Forces Retirement 

22 Home Board’’ in paragraph (3) and inserting 

23 ‘‘Chief Operating Officer of the Armed Forces 

24 Retirement Home’’; and 


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

2 Guard when it is not operating as a service of 

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

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

5 of title 10.’’. 

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

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

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

9 TITLE IV—ADMINISTRATION 

10 SEC. 401. COOPERATIVE AGREEMENTS FOR INDUSTRIAL 

11 ACTIVITIES. 

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

13 amended— 

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

15 ‘‘All orders’’; and 

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

17 ‘‘(b) ORDERS AND AGREEMENTS FOR INDUSTRIAL

18 ACTIVITIES.—Under this section, the Coast Guard indus19 trial activities may accept orders and enter into reimburs20 able agreements with establishments, agencies, and de21 partments of the Department of Defense and the Depart22 ment of Homeland Security.’’. 


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1 SEC. 402. DEFINING COAST GUARD VESSELS AND AIR2 CRAFT. 

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

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

5 following new section: 

6 ‘‘§ 638a. Coast Guard vessels and aircraft defined 

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

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

9 ‘‘(1) any vessel or aircraft owned, leased, trans10 ferred to, or operated by the Coast Guard and under 

11 the command of a Coast Guard member; and 

12 ‘‘(2) any other vessel or aircraft under the tac13 tical control of the Coast Guard on which one or 

14 more members of the Coast Guard are assigned and 

15 conducting Coast Guard missions.’’. 

16 (b) CLERICAL AMENDMENT.—The chapter analysis 

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

18 the item relating to section 638 the following: 

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

19 SEC. 403. SPECIALIZED INDUSTRIAL FACILITIES. 

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

21 States Code, is amended— 

22 (1) by striking the section caption and inserting 

23 the following: 


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

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

3 ‘‘The Secretary’’; and 

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

5 ‘‘(b) PUBLIC-PRIVATE PARTNERSHIPS OR OTHER CO6 OPERATIVE ARRANGEMENTS.— 

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

8 into joint public-private partnerships or other coop9 erative arrangements for the performance of work to 

10 provide supplies or services for government use, the 

11 Coast Guard Yard, the Aviation Repair and Supply 

12 Center, or other similar Coast Guard industrial es13 tablishments may— 

14 ‘‘(A) enter into agreements or other ar15 rangements with public or private entities, for16 eign or domestic; 

17 ‘‘(B) pursuant to contracts or other ar18 rangements, receive and retain funds from, or 

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

20 ‘‘(C) accept contributions of funds, mate21 rials, services, or the use of facilities from such 

22 public or private entities, subject to regulations 

23 promulgated by the Coast Guard. 

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

25 Amounts received under this subsection may be 


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1 credited to the Coast Guard Yard Revolving Fund or 

2 other appropriate Coast Guard account. 

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

4 agreement, contract, or arrangement entered into 

5 under this section shall require the private entity to 

6 reimburse the Coast Guard for such entity’s propor7 tional share of the operating and capital costs of 

8 maintaining and operating such facility, as deter9 mined by the Commandant of the Coast Guard. 

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

11 agreement, contract, or arrangement entered into 

12 under this section may interfere with the perform13 ance of any operational or support function of the 

14 Coast Guard industrial establishment.’’. 

15 (b) CLERICAL AMENDMENT.—The chapter analysis 

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

17 relating to section 648 and inserting the following: 

‘‘648. Specialized industrial facilities.’’. 

18 SEC. 404. AUTHORITY TO CONSTRUCT COAST GUARD REC19 REATIONAL FACILITIES. 

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

21 United States Code, is amended— 

22 (1) in subsection (a)— 

23 (A) by striking ‘‘housing or military unac24 companied housing’’ and inserting ‘‘housing, 


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1 military unaccompanied housing, or Coast 

2 Guard recreational facilities’’; and 

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

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

5 (2) by striking ‘‘housing or military unaccom6 panied housing’’ in subsection (b) and inserting 

7 ‘‘housing, military unaccompanied housing, or Coast 

8 Guard recreational facilities’’. 

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

10 amended— 

11 (1) by inserting after ‘‘military unaccompanied 

12 housing’’ in subsection (a)(1) the following: ‘‘or fa13 cilities that the Secretary determines are suitable for 

14 use as Coast Guard recreational facilities’’; and 

15 (2) by inserting after ‘‘military unaccompanied 

16 housing’’ in subsection (b)(1) the following: ‘‘or fa17 cilities that the Secretary determines are suitable for 

18 use as Coast Guard recreational facilities’’. 

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

20 Section 683(a) of such title is amended by striking ‘‘or 

21 military unaccompanied housing units’’ and inserting 

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

23 Guard recreational facilities’’. 

24 (d) LIMITED PARTNERSHIPS WITH ELIGIBLE ENTI25 TIES.—Section 684 of such title is amended— 


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1 (1) by inserting after ‘‘military unaccompanied 

2 housing’’ in subsection (a) the following: ‘‘or facili3 ties that the Secretary determines are suitable for 

4 use as Coast Guard recreational facilities’’; 

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

6 the total amount of the costs included in the basis 

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

8 ‘‘construction of housing or facilities, means the 

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

10 housing or facilities’’; and 

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

12 after ‘‘housing units’’. 

13 (e) DEPOSIT OF CERTAIN AMOUNTS IN COAST

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

15 amended— 

16 (1) in subsection (b)— 

17 (A) in paragraph (2), by striking ‘‘or unac18 companied housing’’ and inserting ‘‘, military 

19 unaccompanied housing, or Coast Guard rec20 reational facilities’’; and 

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

22 military unaccompanied housing’’ and inserting 

23 ‘‘, military unaccompanied housing, and Coast 

24 Guard recreational facilities’’; and 


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1 (2) by striking ‘‘and military unaccompanied 

2 housing units’’ in subsection (c)(1) and inserting ‘‘, 

3 military unaccompanied housing units, and Coast 

4 Guard recreational facilities’’. 

5 (f) REPORTS.—Section 688 of such title is amend6 ed— 

7 (1) by inserting after ‘‘housing units’’ in para8 graph (1) the following: ‘‘or Coast Guard rec9 reational facilities’’; and 

10 (2) by striking ‘‘and military unaccompanied 

11 housing’’ in paragraph (4) and inserting ‘‘, military 

12 unaccompanied housing, and Coast Guard rec13 reational facilities’’. 

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

15 amended— 

16 (1) by redesignating paragraphs (1) through 

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

18 (2) by inserting before paragraph (2), as redes19 ignated by paragraph (1) of this subsection, the fol20 lowing: 

21 ‘‘(1) The term ‘Coast Guard recreational facili22 ties’ means recreation lodging buildings, recreation 

23 housing units, and ancillary supporting facilities con24 structed, maintained, and used by the Coast Guard 


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1 to provide rest and recreation amenities for military 

2 personnel.’’; and 

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

4 supporting facilities or the improvement or rehabili5 tation of existing units’’ in paragraph (2), as redes6 ignated by paragraph (1) of this subsection, and in7 serting ‘‘housing units or Coast Guard recreational 

8 facilities and ancillary supporting facilities or the 

9 improvement or rehabilitation of existing units or fa10 cilities’’. 

11 TITLE V—SHIPPING AND 

12 NAVIGATION 

13 SEC. 501. TECHNICAL AMENDMENTS TO CHAPTER 313 OF 

14 TITLE 46, UNITED STATES CODE. 

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

16 States Code, is amended— 

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

18 31302, 31306, 31321, 31330, and 31343 each place 

19 it appears; 

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

21 section 31301(5)(F); 

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

23 and inserting ‘‘office; and’’; and 

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

25 following: 


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1 ‘‘(7) ‘Secretary’ means the Secretary of the De2 partment of Homeland Security, unless otherwise 

3 noted.’’. 

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

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

6 Commerce or Transportation is a mortgagee under this 

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

8 Commerce or Transportation, as a mortgagee under this 

9 chapter,’’. 

10 (c) SECRETARY OF TRANSPORTATION.—Section 

11 31329(d) of such title is amended by inserting ‘‘of Trans12 portation’’ after ‘‘Secretary’’. 

13 (d) MORTGAGEE.— 

14 (1) Section 31330(a)(1) of such title is amend15 ed— 

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

17 in subparagraph (B); 

18 (B) by striking ‘‘Transportation; or’’ in 

19 subparagraph (C) and inserting ‘‘Transpor20 tation.’’; and 

21 (C) by striking subparagraph (D). 

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

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

24 in subparagraph (B); 


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1 (B) by striking ‘‘faith; or’’ in subpara2 graph (C) and inserting ‘‘faith.’’; and 

3 (C) by striking subparagraph (D). 

4 SEC. 502. CLARIFICATION OF RULEMAKING AUTHORITY. 

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

6 States Code, is amended by adding at the end the fol7 lowing: 

8 ‘‘§ 70122. Regulations 

9 ‘‘Unless otherwise provided, the Secretary may issue 

10 regulations necessary to implement this chapter.’’. 

11 (b) CLERICAL AMENDMENT.—The chapter analysis 

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

13 end the following new item: 

‘‘70122. Regulations.’’. 

14 SEC. 503. COAST GUARD TO MAINTAIN LORAN–C NAVIGA15 TION SYSTEM. 

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

17 shall maintain the LORAN–C navigation system until 

18 such time as the Secretary is authorized by statute, explic19 itly referencing this section, to cease operating the system. 

20 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to the Secretary of 

22 Transportation, in addition to funds authorized under sec23 tion 101 of this Act for the Coast Guard for operation 

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

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


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1 fiscal years 2008 and 2009. The Secretary of Transpor2 tation may transfer from the Federal Aviation Adminis3 tration and other agencies of the Department of Transpor4 tation such funds as may be necessary to reimburse the 

5 Coast Guard for related expenses. 

6 SEC. 504. NANTUCKET SOUND SHIP CHANNEL WEATHER 

7 BUOY. 

8 Within 180 days after the date of enactment of this 

9 Act, the National Weather Service shall deploy a weather 

10 buoy adjacent to the main ship channel of Nantucket 

11 Sound. 

12 SEC. 505. LIMITATION ON MARITIME LIENS ON FISHING 

13 PERMITS. 

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

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

16 end the following: 

17 ‘‘§ 31310. Limitation on maritime liens on fishing per18 mits 

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

20 to a permit that— 

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

22 fishing; and 

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


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•S 1892 IS 

1 ‘‘(b) LIMITATION ON ENFORCEMENT.—No civil ac2 tion may be brought to enforce a maritime lien on a permit 

3 described in subsection (a). 

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

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

6 imposing any limitation upon the authority of the Sec7 retary of Commerce to modify, suspend, revoke, or sanc8 tion any Federal fishery permit issued by the Secretary 

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

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

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

12 chapter is amended by inserting after the item relating 

13 to section 31309 the following: 

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

14 SEC. 506. VESSEL REBUILD DETERMINATIONS. 

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

16 in which the Coast Guard is operating shall provide a re17 port on Coast Guard rebuild determinations under section 

18 67.177 of title 46, Code of Federal Regulations. Specifi19 cally, the report shall provide recommendations for— 

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

21 component test’’ under such section; 

22 (2) a review of the application of the 

23 steelweight calculation thresholds under such sec24 tion; 


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•S 1892 IS 

1 (3) recommendations for improving trans2 parency in the Coast Guard’s foreign rebuild deter3 mination process; and 

4 (4) recommendations on whether or not there 

5 should be limits or cumulative caps on the amount 

6 of steel work that can be done to the hull and super7 structure of a vessel in foreign shipyards over the 

8 life of the vessel. 

9 (b) REPORT DEADLINE.—The Secretary shall pro10 vide this report to the Senate Committee on Commerce, 

11 Science, and Transportation and the House of Represent12 atives Committee on Transportation and Infrastructure 

13 within 90 days after the enactment of this Act. 

14 TITLE VI—MARITIME LAW 

15 ENFORCEMENT 

16 SEC. 601. MARITIME LAW ENFORCEMENT. 

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

18 States Code, is amended by adding at the end the fol19 lowing: 

20 ‘‘CHAPTER 707—MARITIME LAW 

21 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. 


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‘‘70709. Federal activities. 

‘‘70710. Definitions. 

1 ‘‘§ 70701. Offense 

2 ‘‘It shall be unlawful for any person on board a cov3 ered vessel to transport or facilitate the transportation, 

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

5 knowing or having reason to believe that the alien is at6 tempting to unlawfully enter the United States. 

7 ‘‘§ 70702. Attempt or conspiracy 

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

9 or conspires to commit a violation of section 70701 shall 

10 be subject to the same penalties as those prescribed for 

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

12 the attempt or conspiracy. 

13 ‘‘§ 70703. Affirmative defenses 

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

15 this section, which the defendant must prove by a prepon16 derance of the evidence, that— 

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

18 rescue at sea, or was a stowaway; or 

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

20 necessary response to an imminent threat of death 

21 or serious bodily injury to the alien; 

22 ‘‘(2) the defendant, as soon as reasonably prac23 ticable, informed the Coast Guard of the presence of 


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1 the alien on the vessel and the circumstances of the 

2 rescue; and 

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

4 given by law enforcement officials of the United 

5 States. 

6 ‘‘§ 70704. Penalties 

7 ‘‘(a) IN GENERAL.—Any person who commits a viola8 tion of this chapter shall be fined or imprisoned, or both, 

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

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

11 a vessel with respect to whom the violation occurs shall 

12 be treated as a separate violation. 

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

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

15 that— 

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

17 serious bodily injury to any person, regardless of 

18 where the injury occurs, the person shall be fined 

19 not more than $500,000; 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 fined not 

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


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

2 violation of this chapter shall be imprisoned for not less 

3 than 3 nor more than 20 years, except 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 impris7 oned for not less than 7 nor more than 30 years; 

8 and 

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

10 results in the death of any person regardless of 

11 where the death occurs, the person shall be impris12 oned for not less than 10 years nor more than life. 

13 ‘‘§ 70705. Criminal forfeiture 

14 ‘‘The court, at the time of sentencing a person con15 victed of an offense under this chapter, shall order for16 feited to the United States any vessel used in the offense 

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

18 a vessel used in an offense under section 274 of the Immi19 gration and Nationality Act (8 U.S.C. 1324). 

20 ‘‘§ 70706. Civil forfeiture 

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

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

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

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


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1 274(a) of the Immigration and Nationality Act (8 U.S.C. 

2 1324(a)). 

3 ‘‘§ 70707. Extraterritorial jurisdiction 

4 ‘‘There is extraterritorial jurisdiction of an offense 

5 under this chapter. 

6 ‘‘§ 70708. Claim of failure to comply with inter7 national law; jurisdiction of court 

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

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

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

11 to comply with international law shall not divest a court 

12 of jurisdiction or otherwise constitute a defense to any 

13 proceeding under this chapter. 

14 ‘‘§ 70709. Federal activities 

15 ‘‘Nothing in this chapter applies to otherwise lawful 

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

17 States Government. 

18 ‘‘§ 70710. Definitions 

19 ‘‘In this chapter: 

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

21 given that term in section 70105(f). 

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

23 vessel’ means a vessel of the United States, or a ves24 sel subject to the jurisdiction of the United States, 

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1 nage prescribed by the Secretary under section 

2 14104 of this title) as measured under section 

3 14502 of this title. 

4 ‘‘(3) SERIOUS BODILY INJURY.—The term ‘seri5 ous bodily injury’ has the meaning given that term 

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

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

8 States’ has the meaning given that term in section 

9 2101. 

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

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

12 given that term in section 70502. 

13 ‘‘(6) VESSEL SUBJECT TO THE JURISDICTION

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

15 to the jurisdiction of the United States’ has the 

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

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

18 subtitle is amended by inserting after the item relating 

19 to chapter 705 the following: 

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

20 TITLE VII—OIL POLLUTION 

21 PREVENTION 

22 SEC. 701. RULEMAKINGS. 

23 (a) STATUS REPORT.— 

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

25 date of enactment of this Act, the Secretary shall 


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•S 1892 IS 

1 provide a report to the Senate Committee on Com2 merce, Science, and Transportation and the House 

3 of Representatives Committee on Transportation 

4 and Infrastructure on the status of all Coast Guard 

5 rulemakings required (but for which no final rule 

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

7 Act)— 

8 (A) under the Oil Pollution Act of 1990 

9 (33 U.S.C. 2701 et seq.); and 

10 (B) for— 

11 (i) automatic identification systems 

12 required under section 70114 of title 46, 

13 United States Code; and 

14 (ii) inspection requirements for towing 

15 vessels required under section 3306(j) of 

16 that title. 

17 (2) INFORMATION REQUIRED.—The Secretary 

18 shall include in the report required by paragraph 

19 (1)— 

20 (A) a detailed explanation with respect to 

21 each such rulemaking as to— 

22 (i) what steps have been completed; 

23 (ii) what areas remain to be ad24 dressed; and 

25 (iii) the cause of any delays; and 


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•S 1892 IS 

1 (B) the date by which a final rule may rea2 sonably be expected to be issued. 

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

4 rule in each pending rulemaking under the Oil Pollution 

5 Act of 1990 (33 U.S.C. 2701 et seq.) as soon as prac6 ticable, but in no event later than 18 months after the 

7 date of enactment of this Act. 

8 SEC. 702. OIL SPILL RESPONSE CAPABILITY. 

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

10 promulgating regulations for towing vessels under chapter 

11 33 of title 46, United States Code, the Secretary of the 

12 department in which the Coast Guard is operating shall— 

13 (1) give priority to completing such regulations 

14 for towing operations involving tank vessels; and 

15 (2) consider the possible application of stand16 ards that, as of the date of enactment of this Act, 

17 apply to self-propelled tank vessels, and any modi18 fications that may be necessary for application to 

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

20 relevant factors. 

21 (b) REDUCTION OF OIL SPILL RISK IN BUZZARDS

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

23 the department in which the Coast Guard is operating 

24 shall promulgate a final rule for Buzzards Bay, Massachu25 setts, pursuant to the notice of proposed rulemaking pubVerDate Aug 31 2005 02:15 Jul 28, 2007 Jkt 059200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S1892.IS S1892

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1 lished on March 29, 2006, (71 Fed. Reg. 15649), after 

2 taking into consideration public comments submitted pur3 suant to that notice, to adopt measures to reduce the risk 

4 of oil spills in Buzzards Bay, Massachusetts. 

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

6 annual report to the Senate Committee on Commerce, 

7 Science, and Transportation and the House of Represent8 atives Committee on Resources on the extent to which 

9 tank vessels in Buzzards Bay, Massachusetts, are using 

10 routes recommended by the Coast Guard. 

11 SEC. 703. OIL TRANSFERS FROM VESSELS. 

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

13 enactment of this Act, the Secretary shall promulgate reg14 ulations to reduce the risks of oil spills in operations in15 volving the transfer of oil from or to a tank vessel. The 

16 regulations— 

17 (1) shall focus on operations that have the 

18 highest risks of discharge, including operations at 

19 night and in inclement weather; and 

20 (2) shall consider— 

21 (A) requirements for use of equipment, 

22 such as putting booms in place for transfers; 

23 (B) operational procedures such as man24 ning standards, communications protocols, and 

25 restrictions on operations in high-risk areas; or 


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•S 1892 IS 

1 (C) both such requirements and oper2 ational procedures. 

3 (b) APPLICATION WITH STATE LAWS.—The regula4 tions promulgated under subsection (a) do not preclude 

5 the enforcement of any State law or regulation the re6 quirements of which are at least as stringent as require7 ments under the regulations (as determined by the Sec8 retary) that— 

9 (1) applies in State waters; 

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

11 enforcement of, requirements and operational proce12 dures under the regulations; and 

13 (3) has been enacted or promulgated before the 

14 date of enactment of this Act. 

15 SEC. 704. IMPROVEMENTS TO REDUCE HUMAN ERROR AND 

16 NEAR-MISS INCIDENTS. 

17 (a) REPORT.—Within 1 year after the date of enact18 ment of this Act, the Secretary shall transmit a report 

19 to the Senate Committee on Commerce, Science, and 

20 Transportation, the Senate Committee on Environment 

21 and Public Works, and the House of Representatives Com22 mittee on Transportation and Infrastructure that, using 

23 available data— 

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

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


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1 involving vessels that have been caused by human 

2 error in the past 10 years; 

3 (2) identifies the most frequent types of near4 miss oil spill incidents involving vessels such as colli5 sions, groundings, and loss of propulsion in the past 

6 10 years; 

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

8 in the data with respect to the information required 

9 under paragraphs (1) and (2) and explains the rea10 son for those gaps; and 

11 (4) includes recommendations by the Secretary 

12 to address the identified types of errors and inci13 dents and to address any such gaps in the data. 

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

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

16 take appropriate action, both domestically and at the 

17 International Maritime Organization, to reduce the risk 

18 of oil spills from human errors. 

19 SEC. 705. OLYMPIC COAST NATIONAL MARINE SANCTUARY. 

20 (a) OLYMPIC COAST NATIONAL MARINE SANCTUARY

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

22 Secretary of Commerce for Oceans and Atmosphere shall 

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

24 of Washington so that restrictions apply to all vessels re25 quired to prepare a response plan under section 311(j) of 


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

2 1321(j)) (other than fishing or research vessels while en3 gaged in fishing or research within the area to be avoided). 

4 (b) EMERGENCY OIL SPILL DRILL.— 

5 (1) IN GENERAL.—In cooperation with the Sec6 retary, the Under Secretary of Commerce for Oceans 

7 and Atmosphere shall conduct a Safe Seas oil spill 

8 drill in the Olympic Coast National Marine Sanc9 tuary in fiscal year 2008. The Secretary and the 

10 Under Secretary of Commerce for Oceans and At11 mosphere jointly shall coordinate with other Federal 

12 agencies, State, local, and tribal governmental enti13 ties, and other appropriate entities, in conducting 

14 this drill. 

15 (2) OTHER REQUIRED DRILLS.—Nothing in 

16 this subsection supersedes any Coast Guard require17 ment for conducting emergency oil spill drills in the 

18 Olympic Coast National Marine Sanctuary. The Sec19 retary shall consider conducting regular field exer20 cises, such as National Preparedness for Response 

21 Exercise Program (PREP) in other national marine 

22 sanctuaries. 

23 (3) AUTHORIZATION OF APPROPRIATIONS.— 

24 There are authorized to be appropriated to the 

25 Under Secretary of Commerce for Oceans and AtVerDate Aug 31 2005 02:15 Jul 28, 2007 Jkt 059200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S1892.IS S1892

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1 mosphere for fiscal year 2008 $700,000 to carry out 

2 this subsection. 

3 SEC. 706. PREVENTION OF SMALL OIL SPILLS. 

4 (a) IN GENERAL.—The Under Secretary of Com5 merce for Oceans and Atmosphere, in consultation with 

6 other appropriate agencies, shall establish an oil spill pre7 vention and education program for small vessels. The pro8 gram shall provide for assessment, outreach, and training 

9 and voluntary compliance activities to prevent and improve 

10 the effective response to oil spills from vessels and facili11 ties not required to prepare a vessel response plan under 

12 the Federal Water Pollution Control Act, including rec13 reational vessels, commercial fishing vessels, marinas, and 

14 aquaculture facilities. The Under Secretary may provide 

15 grants to sea grant colleges and institutes designated 

16 under section 207 of the National Sea Grant College Pro17 gram Act (33 U.S.C. 1126) and to State agencies, tribal 

18 governments, and other appropriate entities to carry out— 

19 (1) regional assessments to quantify the source, 

20 incidence and volume of small oil spills, focusing ini21 tially on regions in the country where, in the past 

22 10 years, the incidence of such spills is estimated to 

23 be the highest; 

24 (2) voluntary, incentive-based clean marina pro25 grams that encourage marina operators, recreational 


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1 boaters and small commercial vessel operators to en2 gage in environmentally sound operating and main3 tenance procedures and best management practices 

4 to prevent or reduce pollution from oil spills and 

5 other sources; 

6 (3) cooperative oil spill prevention education 

7 programs that promote public understanding of the 

8 impacts of spilled oil and provide useful information 

9 and techniques to minimize pollution including meth10 ods to remove oil and reduce oil contamination of 

11 bilge water, prevent accidental spills during mainte12 nance and refueling and properly cleanup and dis13 pose of oil and hazardous substances; and 

14 (4) support for programs, including outreach 

15 and education to address derelict vessels and the 

16 threat of such vessels sinking and discharging oil 

17 and other hazardous substances, including outreach 

18 and education to involve efforts to the owners of 

19 such vessels. 

20 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to the Under Secretary 

22 of Commerce for Oceans and Atmosphere to carry out this 

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

24 2008 through 2012. 


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1 SEC. 707. IMPROVED COORDINATION WITH TRIBAL GOV2 ERNMENTS. 

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

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

5 development of a tribal consultation policy, which recog6 nizes and protects to the maximum extent practicable trib7 al treaty rights and trust assets in order to improve the 

8 Coast Guard’s consultation and coordination with the trib9 al governments of federally recognized Indian tribes with 

10 respect to oil spill prevention, preparedness, response and 

11 natural resource damage assessment. 

12 (b) NATIONAL PLANNING.—The Secretary shall as13 sist tribal governments to participate in the development 

14 and capacity to implement the National Contingency Plan 

15 and local Area Contingency Plans to the extent they affect 

16 tribal lands, cultural and natural resources. The Secretary 

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

18 have an impact on natural or cultural resources owned or 

19 utilized by a federally recognized Indian tribe, the Coast 

20 Guard will— 

21 (1) ensure that representatives of the tribal 

22 government of the potentially affected tribes are in23 cluded as part of the regional response team co24 chaired by the Coast Guard and the Environmental 

25 Protection Agency to establish policies for respond26 ing to oil spills; and 


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1 (2) provide training of tribal incident com2 manders and spill responders. 

3 (c) INCLUSION OF TRIBAL GOVERNMENT.—The Sec4 retary shall ensure that, as soon as practicable after iden5 tifying an oil spill that is likely to have an impact on nat6 ural or cultural resources owned or utilized by a federally 

7 recognized Indian tribe, the Coast Guard will— 

8 (1) ensure that representatives of the tribal 

9 government of the affected tribes are included as 

10 part of the incident command system established by 

11 the Coast Guard to respond to the spill; 

12 (2) share information about the oil spill with 

13 the tribal government of the affected tribe; and 

14 (3) to the extent practicable, involve tribal gov15 ernments in deciding how to respond to such spill. 

16 (d) COOPERATIVE ARRANGEMENTS.—The Coast 

17 Guard may enter into memoranda of agreement and asso18 ciated protocols with Indian tribal governments in order 

19 to establish cooperative arrangements for oil pollution pre20 vention, preparedness, and response. Such memoranda 

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

22 consultation and coordination policy to provide Indian 

23 tribes grant and contract assistance and may include 

24 training for preparedness and response and provisions on 

25 coordination in the event of a spill. As part of these memoVerDate Aug 31 2005 02:15 Jul 28, 2007 Jkt 059200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S1892.IS S1892

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1 randa of agreement, the Secretary may carry out dem2 onstration projects to assist tribal governments in building 

3 the capacity to protect tribal treaty rights and trust assets 

4 from oil spills to the maximum extent possible. 

5 (e) FUNDING FOR TRIBAL PARTICIPATION.—Subject 

6 to the availability of appropriations, the Commandant of 

7 the Coast Guard shall provide assistance to participating 

8 tribal governments in order to facilitate the implementa9 tion of cooperative arrangements under subsection (d) and 

10 ensure the participation of tribal governments in such ar11 rangements. There are authorized to be appropriated to 

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

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

14 SEC. 708. REPORT ON THE AVAILABILITY OF TECHNOLOGY 

15 TO DETECT THE LOSS OF OIL. 

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

17 the Secretary shall submit a report to the Senate Com18 mittee on Commerce, Science, and Transportation and the 

19 House of Representatives Committee on Energy and Com20 merce on the availability, feasibility, and potential cost of 

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

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

23 tons. 


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

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

3 (33 U.S.C. 2712(a)(5)) is amended— 

4 (1) by redesignating subparagraphs (B) and 

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

6 (2) by inserting after subparagraph (A) the fol7 lowing: 

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

9 fiscal year shall be available to the Under Sec10 retary of Commerce for Oceans and Atmos11 phere for expenses incurred by, and activities 

12 related to, response and damage assessment ca13 pabilities of the National Oceanic and Atmos14 pheric Administration;’’. 

15 SEC. 710. INTERNATIONAL EFFORTS ON ENFORCEMENT. 

16 The Secretary, in consultation with the heads of other 

17 appropriate Federal agencies, shall ensure that the Coast 

18 Guard pursues stronger enforcement in the International 

19 Maritime Organization of agreements related to oil dis20 charges, including joint enforcement operations, training, 

21 and stronger compliance mechanisms. 

22 SEC. 711. GRANT PROJECT FOR DEVELOPMENT OF COST23 EFFECTIVE DETECTION TECHNOLOGIES. 

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

25 date of enactment of this Act, the Commandant shall es26 tablish a grant program for the development of cost-effecVerDate Aug 31 2005 02:15 Jul 28, 2007 Jkt 059200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S1892.IS S1892

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1 tive technologies, such as infrared, pressure sensors, and 

2 remote sensing, for detecting discharges of oil from vessels 

3 as well as methods and technologies for improving detec4 tion and recovery of submerged and sinking oils. 

5 (b) MATCHING REQUIREMENT.—The Federal share 

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

7 50 percent of the total cost of the project. 

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

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

10 provide a report to the Senate Committee on Commerce, 

11 Science, and Transportation, and to the House of Rep12 resentatives Committee on Transportation and Infrastruc13 ture on the results of the program. 

14 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to the Commandant to 

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

17 2008, 2009, and 2010, to remain available until expended. 

18 (e) TRANSFER PROHIBITED.—Administration of the 

19 program established under subsection (a) may not be 

20 transferred within the Department of Homeland Security 

21 or to another department or Federal agency. 

22 SEC. 712. HIGHER VOLUME PORT AREA REGULATORY DEFI23 NITION CHANGE. 

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

25 enactment of this Act, notwithstanding subchapter 5 of 


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

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

3 section 155.1020 of the Coast Guard regulations (33 

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

5 paragraph (13) of that section and inserting ‘‘Cape Flat6 tery, WA’’ without initiating a rulemaking proceeding. 

7 (b) EMERGENCY RESPONSE PLAN REVIEWS.—With8 in 5 years after the date of enactment of this Act, the 

9 Coast Guard shall complete its review of any changes to 

10 emergency response plans pursuant to the Federal Water 

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

12 from the modification of the higher volume port area defi13 nition required by subsection (a). 

14 SEC. 713. RESPONSE TUGS. 

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

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

17 1321(j)) is amended by adding at the end the following: 

18 ‘‘(J) RESPONSE TUG.— 

19 ‘‘(i) IN GENERAL.—The Secretary 

20 shall require the stationing of a year round 

21 response tug of a minimum of 70-tons 

22 bollard pull in the entry to the Strait of 

23 Juan de Fuca at Neah Bay capable of pro24 viding rapid assistance and towing capaVerDate Aug 31 2005 02:15 Jul 28, 2007 Jkt 059200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S1892.IS S1892

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1 bility to disabled vessels during severe 

2 weather conditions. 

3 ‘‘(ii) SHARED RESOURCES.—The Sec4 retary may authorize compliance with the 

5 response tug stationing requirement of 

6 clause (i) through joint or shared resources 

7 between or among entities to which this 

8 subsection applies. 

9 ‘‘(iii) EXISTING STATE AUTHORITY

10 NOT AFFECTED.—Nothing in this subpara11 graph supersedes or interferes with any ex12 isting authority of a State with respect to 

13 the stationing of rescue tugs in any area 

14 under State law or regulations. 

15 ‘‘(iv) ADMINISTRATION.—In carrying 

16 out this subparagraph, the Secretary— 

17 ‘‘(I) shall require the vessel re18 sponse plan holders to negotiate and 

19 adopt a cost-sharing formula and a 

20 schedule for carrying out this sub21 paragraph by no later than June 1, 

22 2008; 

23 ‘‘(II) shall establish a cost-shar24 ing formula and a schedule for car25 rying out this subparagraph by no 


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1 later than July 1, 2008 (without re2 gard to the requirements of chapter 5 

3 of title 5, United States Code) if the 

4 vessel response plan holders fail to 

5 adopt the cost-sharing formula and 

6 schedule required by subclause (I) of 

7 this clause by June 1, 2008; and 

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

9 and (ii) of this subparagraph by June 

10 1, 2008, without a rulemaking and 

11 without regard to the requirements of 

12 chapter 5 of title 5, United States 

13 Code. 

14 ‘‘(v) LONG TERM TUG CAPABILI15 TIES.—Within 6 months after imple16 menting clauses (i) and (ii), and section 

17 707 of the Coast Guard Authorization Act 

18 for Fiscal Year 2008, the Secretary shall 

19 execute a contract with the National Acad20 emy of Sciences to conduct a study of re21 gional response tug and salvage needs for 

22 Washington’s Olympic coast. In developing 

23 the scope of the study, the National Acad24 emy of Sciences shall consult with Federal, 


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1 State, and Tribal trustees as well as rel2 evant stakeholders. The study— 

3 ‘‘(I) shall define the needed capa4 bilities, equipment, and facilities for a 

5 response tug in the entry to the Strait 

6 of Juan de Fuca at Neah Bay in 

7 order to optimize oil spill protection 

8 on Washington’s Olympic coast, pro9 vide rescue towing services, oil spill 

10 response, and salvage and fire-fighting 

11 capabilities; 

12 ‘‘‘(II) shall analyze the tug’s 

13 multi-mission capabilities as well as 

14 its ability to utilize cached salvage, oil 

15 spill response, and oil storage equip16 ment while responding to a spill or a 

17 vessel in distress and make rec18 ommendations as to the placement of 

19 this equipment; 

20 ‘‘(III) shall address scenarios 

21 that consider all vessel types and 

22 weather conditions and compare cur23 rent Neah Bay tug capabilities, costs, 

24 and benefits with other United States 

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1 ing those currently operating in Alas2 ka’s Prince William Sound; 

3 ‘‘(IV) shall determine whether 

4 the current level of protection af5 forded by the Neah Bay response tug 

6 and associated response equipment is 

7 comparable to protection in other lo8 cations where response tugs operate, 

9 including Prince William Sound, and 

10 if it is not comparable, shall make 

11 recommendations as to how capabili12 ties, equipment, and facilities should 

13 be modified to achieve optimum pro14 tection.’’. 

15 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated to the Secretary for fis17 cal year 2008 such sums as necessary to carry out section 

18 311(j)(5)(J)(v) of the Federal Water Pollution Control 

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

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

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

22 the Secretary of State, in consultation with the Com23 mandant, shall enter into negotiations with the Govern24 ment of Canada to ensure that tugboat escorts are re25 quired for all tank ships with a capacity over 40,000 deadVerDate Aug 31 2005 02:15 Jul 28, 2007 Jkt 059200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S1892.IS S1892

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1 weight tons in the Strait of Juan de Fuca, Strait of Geor2 gia, and in Haro Strait. The Commandant shall consult 

3 with the State of Washington and affected tribal govern4 ments during negotiations with the Government of Can5 ada. 

6 SEC. 715. EXTENSION OF FINANCIAL RESPONSIBILITY. 

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

8 U.S.C. 2716(a)) is amended— 

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

10 paragraph (1); 

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

12 paragraph (2); and 

13 (3) by inserting after paragraph (2) the fol14 lowing: 

15 ‘‘(3) any tank vessel over 100 gross tons (ex16 cept a non-self-propelled vessel that does not carry 

17 oil as cargo) using any place subject to the jurisdic18 tion of the United States;’’. 

19 SEC. 716. VESSEL TRAFFIC RISK ASSESSMENTS. 

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

21 guard, acting through the appropriate Area Committee es22 tablished under section 311(j)(4) of the Federal Water 

23 Pollution Control Act, shall prepare a vessel traffic risk 

24 assessment— 


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

2 the date of enactment of this Act; and 

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

4 years after the date of enactment of this Act. 

5 (b) CONTENTS.—Each of the assessments shall de6 scribe, for the region covered by the assessment— 

7 (1) the amount and character of present and 

8 estimated future shipping traffic in the region; and 

9 (2) the current and projected use and effective10 ness in reducing risk, of— 

11 (A) traffic separation schemes and routing 

12 measures; 

13 (B) long-range vessel tracking systems de14 veloped under section 70115 of title 46, United 

15 States Code; 

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

17 (D) vessel traffic services; 

18 (E) emergency towing packages on vessels; 

19 (F) increased spill response equipment in20 cluding equipment appropriate for severe weath21 er and sea conditions; 

22 (G) the Automatic Identification System 

23 developed under section 70114 of title 46, 

24 United States Code; 


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1 (H) particularly sensitive sea areas, areas 

2 to be avoided, and other traffic exclusion zones; 

3 (i) aids to navigation; and 

4 (J) vessel response plans. 

5 (c) RECOMMENDATIONS.— 

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

7 shall include any appropriate recommendations to 

8 enhance the safety and security, or lessen potential 

9 adverse environmental impacts, of marine shipping. 

10 (2) CONSULTATION.—Before making any rec11 ommendations under paragraph (1) for a region, the 

12 Area Committee shall consult with affected local, 

13 State, and Federal government agencies, representa14 tives of the fishing industry, Alaska Natives from 

15 the region, the conservation community, and the 

16 merchant shipping and oil transportation industries. 

17 (d) PROVISION TO CONGRESS.—The Commandant 

18 shall provide a copy of each assessment to the Senate 

19 Committee on Commerce, Science, and Transportation 

20 and the House of Representatives Committee on Trans21 portation and Infrastructure. 

22 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to the Commandant 

24 $1,800,000 for each of fiscal years 2008 and 2009 to con25 duct the assessments. 


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1 SEC. 717. OIL SPILL LIABILITY TRUST FUND INVESTMENT 

2 AMOUNT. 

3 Within 30 days after the date of enactment of this 

4 Act, the Secretary of the Treasury shall increase the 

5 amount invested in income producing securities under sec6 tion 5006(b) of the Oil Pollution Act of 1990 (33 U.S.C. 

7 2736(b)) by $12,851,340.. 

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

9 VESSELS. 

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

11 (33 U.S.C. 2701(32)) is amended by striking subpara12 graph (A) and inserting the following: 

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

14 (other than a vessel described in section 

15 3703a(b) of title 46, United States Code)— 

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

17 demise chartering the vessel; and 

18 ‘‘(ii) the owner of oil being trans19 ported in a tank vessel with a single hull 

20 after December 31, 2010, if the owner of 

21 the oil knew, or should have known, from 

22 publicly available information that the ves23 sel had a poor safety or operational 

24 record.’’. 


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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 of especially hazardous cargo to the 

20 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 02:15 Jul 28, 2007 Jkt 059200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\S1892.IS S1892

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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 


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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). 


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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 


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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. 


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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.’’. 


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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.’’. 


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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; 


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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. 


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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. 


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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 


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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 


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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. 

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

24 the Secretary of the department in which the Coast 

25 Guard is operating. 


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1 TITLE IX—MISCELLANEOUS 

2 PROVISIONS 

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

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

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

6 the Secretary of the department in which the Coast Guard 

7 is operating shall provide a report to the Senate Com8 mittee on Commerce, Science, and Transportation and the 

9 House of Representatives Committee on Transportation 

10 and Infrastructure on Coast Guard activities with respect 

11 to the protection of marine mammals and sea turtles 

12 under United States statutes and international agree13 ments. 

14 (b) REQUIRED CONTENT.—The Secretary shall in15 clude in the report, at a minimum— 

16 (1) a detailed summary of actions that the 

17 Coast Guard has undertaken annually from fiscal 

18 year 2000 through fiscal year 2007 with respect to 

19 enforcement efforts, and cooperative agreements and 

20 activities with other Federal and State agencies, 

21 training programs, and other initiatives; 

22 (2) an annual summary for fiscal year 2000 

23 through fiscal year 2007 by Coast Guard district of 

24 the level of effort measured by personnel hours and 

25 other available data, for enforcement of the Lacey 


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

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

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

4 U.S.C. 1361 et seq.) as well as international agree5 ments that include provisions on sea turtles or ma6 rine mammals to which the United States is a party; 

7 and 

8 (3) a summary of any new Coast Guard initia9 tives for this mission area. 

10 SEC. 902. UMPQUA LIGHTHOUSE LAND CONVEYANCE. 

11 (a) CONVEYANCE AUTHORIZED.— 

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

13 Coast Guard may convey to Douglas County, Or14 egon, all right, title, and interest of the United 

15 States in and to the Umpqua Lighthouse property, 

16 including improvements thereon, for the purpose of 

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

18 (2) PROPERTY DESCRIPTION.— 

19 (A) IN GENERAL.—The Umpqua Light20 house property is the parcel of approximately 

21 14.81 acres of Coast Guard controlled land located in the NW 1 22 ⁄4 of sec. 13, T. 22 S., R. 13 

23 W., Willamette Meridian, and identified as Ex24 hibit A on the aerial map entitled ‘‘U.S. Coast 


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1 Guard Property at Salmon Harbor/Winchester 

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

3 (B) SURVEYS.—The exact acreage and 

4 legal description of the real property to be con5 veyed under subsections (a) and (c) shall be de6 termined by surveys satisfactory to the Com7 mandant. The cost of the surveys shall be borne 

8 by the County. 

9 (b) USE OF PROPERTY CONVEYED.—Notwithstanding 

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

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

12 of land provided assistance under the Land and Water 

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

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

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

16 recreation use. 

17 (c) PROVISION OF REPLACEMENT FACILITIES.— 

18 (1) IN GENERAL.—As consideration for the con19 veyance authorized by subsection (a), the County— 

20 (A) may, at its expense design and con21 struct the replacement facilities for the Coast 

22 Guard to replace the facilities conveyed under 

23 that subsection; 


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1 (B) may design and construct the replace2 ment facilities to the specifications of the Com3 mandant; and 

4 (C) may construct the replacement facili5 ties upon a parcel of real property determined 

6 by the Commandant to be an appropriate loca7 tion for the replacement facilities; and 

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

9 title, and interest in and to the replacement facilities 

10 and the parcel of real property on which the facili11 ties are located. 

12 (d) MEMORANDUM OF AGREEMENT.—The County 

13 and the Commandant may enter into a memorandum of 

14 agreement to effectuate the transactions authorized by 

15 this section. 

16 (e) ADDITIONAL TERMS AND CONDITIONS.—The 

17 Commandant may require such additional terms and con18 ditions in connection with the conveyance under subsection 

19 (a) as the Commandant considers appropriate to protect 

20 the interests of the United States. 

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

22 County or the Commandant to execute a memorandum of 

23 agreement or deed, except upon such terms and conditions 

24 that the County and the Commandant may consider apVerDate Aug 31 2005 02:15 Jul 28, 2007 Jkt 059200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\S1892.IS S1892

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1 propriate, in the exercise of their discretion, to protect the 

2 interests of the County and the United States. 

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

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

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

6 Commandant of the Coast Guard shall take such actions 

7 as are necessary to transfer administrative jurisdiction 

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

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

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

11 trust for the benefit of the Confederated Tribes of the 

12 Coos, Lower Umpqua, and Siuslaw Indians. 

13 (b) CONDITIONS OF TRANSFER.— 

14 (1) Prior to the transfer of administrative juris15 diction over the lands, the Coast Guard, in its sole 

16 discretion, shall execute actions required to comply 

17 with applicable environmental and cultural resources 

18 law. 

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

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

21 United States for the Confederated Tribes of the 

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

23 and shall be part of the Confederated Tribes of 

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

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


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

2 the date of enactment of this Act, the Commandant 

3 shall file maps entitled ‘‘Confederated Tribes of the 

4 Coos, Lower Umpqua, and Siuslaw Land Transfer 

5 Maps’’, which shall depict and provide a legal de6 scription of the parcels to be transferred in Coos 

7 County, Oregon, totaling approximately 24.0 acres 

8 in the areas commonly known as Gregory Point and 

9 Chief’s Island, with— 

10 (A) the Senate Committee on Commerce, 

11 Science, and Transportation; 

12 (B) the House of Representatives Com13 mittee on Transportation and Infrastructure; 

14 and 

15 (C) the Secretary of the Interior. 

16 (2) FORCE OF LAW.—The maps and legal de17 scriptions filed under paragraph (1) shall have the 

18 same force and effect as if included in this Act, ex19 cept that the Commandant may correct typo20 graphical errors in the maps and each legal descrip21 tion. 

22 (3) PUBLIC AVAILABILITY.—Each map and 

23 legal description filed under paragraph (1) shall be 

24 on file and available for public inspection in the ap25 propriate office of the Department of the Interior. 


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

2 The Coast Guard may retain easements, or other property 

3 interests as may be necessary, across the property de4 scribed in subsection (c) for access to aids to navigation 

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

6 by the Coast Guard. 

7 (e) MAINTENANCE OF CAPE ARAGO LIGHT STA8 TION.— 

9 (1) The conveyance of Cape Arago Light Sta10 tion on Chief’s Island by the Coast Guard shall be 

11 made on condition that the Confederated Tribes of 

12 the Coos, Lower Umpqua and Siuslaw Indians 

13 shall— 

14 (A) use and make reasonable efforts to 

15 maintain the Cape Arago Light Station in ac16 cordance with the National Historic Preserva17 tion Act (16 U.S.C. 470 et seq.), the Secretary 

18 of the Interior’s Standards for the Treatment 

19 of Historic Properties set forth in part 68 of 

20 title 36, Code of Federal Regulations, and other 

21 applicable laws, and submit any proposed 

22 changes to the Cape Arago Light Station for 

23 review and approval by the Secretary of the In24 terior in consultation with the Oregon State 

25 Historic Preservation Officer, for consistency 


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

2 Federal Regulations, and the Secretary of the 

3 Interior’s Standards for Rehabilitation, set 

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

5 Regulations; 

6 (B) make the Cape Arago Light Station 

7 available for education, park, recreation, cul8 tural, or historic preservation purposes for the 

9 general public at reasonable times and under 

10 reasonable conditions; 

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

12 encumber the Cape Arago Light Station, any 

13 part thereof, or any associated historic artifact 

14 conveyed in conjunction with the transfer under 

15 this section unless such sale, conveyance, as16 signment, exchange, or encumbrance is ap17 proved by Secretary of the Interior; 

18 (D) not conduct any commercial activities 

19 at the Cape Arago Light Station, any part 

20 thereof, or in connection with any historic arti21 fact conveyed in conjunction with the transfer 

22 under this section in any manner, unless such 

23 commercial activities are approved by the Sec24 retary of the Interior; and 


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

2 to enter the Cape Arago Light Station without 

3 notice, for purposes of ensuring compliance with 

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

5 to provide advance notice. 

6 (2) The Cape Arago Light Station, or any asso7 ciated historic artifact conveyed in conjunction with 

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

9 Secretary of the Interior, shall revert to the United 

10 States and be placed under the administrative con11 trol of the Secretary of the Interior if the Confed12 erated Tribes of the Coos, Lower Umpqua, and 

13 Siuslaw Indians fail to meet any condition described 

14 in paragraph (1). 

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

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

17 Siuslaw Indians in existence on the date of enactment of 

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

19 by the transfer under this section. 

20 SEC. 904. DATA. 

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

22 authorized to be appropriated to the Administrator of the 

23 National Oceanic and Atmospheric Administration 

24 $7,000,000 to acquire through the use of unmanned aerial 

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1 ters, the safety of marine and aviation transportation, and 

2 fisheries enforcement. 

3 SEC. 905. EXTENSION. 

4 Section 607 of the Coast Guard and Maritime Trans5 portation Act of 2006 is amended— 

6 (1) by striking ‘‘2007’’ in subsection (h) and in7 serting ‘‘2012’’; and 

8 (2) by striking ‘‘terminate’’ and all that follows 

9 in subsection (i) and inserting ‘‘terminate on Sep10 tember 30, 2012.’’. 

11 SEC. 906. FORWARD OPERATING FACILITY. 

12 Not later than 180 days after the date of enactment 

13 of this Act, the Secretary of the department in which the 

14 Coast Guard is operating may construct or lease hangar, 

15 berthing, and messing facilities in the Aleutian Island– 

16 Bering Sea operating area. These facilities shall— 

17 (1) support aircraft maintenance, including ex18 haust ventilation, heat, engine wash system, head fa19 cilities, fuel, ground support services, and electrical 

20 power; and 

21 (2) shelter for both current helicopter assets 

22 and those projected to be located at Air Station Ko23 diak, Alaska for up to 20 years. 


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1 SEC. 907. ENCLOSED HANGAR AT AIR STATION BARBERS 

2 POINT, HAWAII. 

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 an enclosed hang6 ar at Air Station Barbers Point, Hawaii. The hangar 

7 shall— 

8 (1) support aircraft maintenance, including ex9 haust ventilation, heat, engine wash system, head fa10 cilities, fuel, ground support services, and electrical 

11 power; and 

12 (2) shelter all current aircraft assets and those 

13 projected to be located at Air Station Barbers Point, 

14 Hawaii, over the next 20 years. 

15 SEC. 908. CONVEYANCE OF DECOMMISSIONED COAST 

16 GUARD CUTTER STORIS. 

17 (a) IN GENERAL.—Upon the scheduled decommis18 sioning of the Coast Guard Cutter STORIS, the Com19 mandant of the Coast Guard shall convey, without consid20 eration, all right, title, and interest of the United States 

21 in and to that vessel to the USCG Cutter STORIS Mu22 seum and Maritime Education Center, LLC, located in the 

23 State of Alaska if the recipient— 

24 (1) agrees— 

25 (A) to use the vessel for purposes of a mu26 seum and historical display; 


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1 (B) not to use the vessel for commercial 

2 transportation purposes; 

3 (C) to make the vessel available to the 

4 United States Government if needed for use by 

5 the Commandant in time of war or a national 

6 emergency; and 

7 (D) to hold the Government harmless for 

8 any claims arising from exposure to hazardous 

9 materials, including asbestos and poly10 chlorinated biphenyls, after conveyance of the 

11 vessel, except for claims arising from the use by 

12 the Government under subparagraph (C); 

13 (2) has funds available that will be committed 

14 to operate and maintain in good working condition 

15 the vessel conveyed, in the form of cash, liquid as16 sets, or a written loan commitment and in an 

17 amount of at least $700,000; and 

18 (3) agrees to any other conditions the Com19 mandant considers appropriate. 

20 (b) MAINTENANCE AND DELIVERY OF VESSEL.— 

21 (1) MAINTENANCE.—Before conveyance of the 

22 vessel under this section, the Commandant shall 

23 make, to the extent practical and subject to other 

24 Coast Guard mission requirements, every effort to 


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1 maintain the integrity of the vessel and its equip2 ment until the time of delivery. 

3 (2) DELIVERY.—If a conveyance is made under 

4 this section, the Commandant shall deliver the ves5 sel— 

6 (A) at the place where the vessel is located; 

7 and 

8 (B) without cost to the Government. 

9 (3) TREATMENT OF CONVEYANCE.—The con10 veyance of the vessel under this section shall not be 

11 considered a distribution in commerce for purposes 

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

13 2605(e)). 

14 (c) OTHER EXCESS EQUIPMENT.—The Commandant 

15 may convey to the recipient of a conveyance under sub16 section (a) any excess equipment or parts from other de17 commissioned Coast Guard vessels for use to enhance the 

18 operability and function of the vessel conveyed under sub19 section (a) for purposes of a museum and historical dis20 play. 

21 SEC. 909. CONVEYANCE OF THE PRESQUE ISLE LIGHT STA22 TION FRESNEL LENS TO PRESQUE ISLE 

23 TOWNSHIP, MICHIGAN. 

24 (a) CONVEYANCE OF LENS AUTHORIZED.— 


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1 (1) TRANSFER OF POSSESSION.—Notwith2 standing any other provision of law, the Com3 mandant of the Coast Guard may transfer to 

4 Presque Isle Township, a township in Presque Isle 

5 County in the State of Michigan (in this section re6 ferred to as the ‘‘Township’’), possession of the His7 toric Fresnel Lens (in this section referred to as the 

8 ‘‘Lens’’) from the Presque Isle Light Station Light9 house, Michigan (in this section referred to as the 

10 ‘‘Lighthouse’’). 

11 (2) CONDITION.—As a condition of the transfer 

12 of possession authorized by paragraph (1), the 

13 Township shall, not later than one year after the 

14 date of transfer, install the Lens in the Lighthouse 

15 for the purpose of operating the Lens and Light16 house as a Class I private aid to navigation pursu17 ant to section 85 of title 14, United States Code, 

18 and the applicable regulations under that section. 

19 (3) CONVEYANCE OF LENS.—Upon the certifi20 cation of the Commandant that the Township has 

21 installed the Lens in the Lighthouse and is able to 

22 operate the Lens and Lighthouse as a private aid to 

23 navigation as required by paragraph (2), the Com24 mandant shall convey to the Township all right, 


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1 title, and interest of the United States in and to the 

2 Lens. 

3 (4) CESSATION OF UNITED STATES OPER4 ATIONS OF AIDS TO NAVIGATION AT LIGHTHOUSE.— 

5 Upon the making of the certification described in 

6 paragraph (3), all active Federal aids to navigation 

7 located at the Lighthouse shall cease to be operated 

8 and maintained by the United States. 

9 (b) REVERSION.— 

10 (1) REVERSION FOR FAILURE OF AID TO NAVI11 GATION.—If the Township does not comply with the 

12 condition set forth in subsection (a)(2) within the 

13 time specified in that subsection, the Township shall, 

14 except as provided in paragraph (2), return the Lens 

15 to the Commandant at no cost to the United States 

16 and under such conditions as the Commandant may 

17 require. 

18 (2) EXCEPTION FOR HISTORICAL PRESERVA19 TION.—Notwithstanding the lack of compliance of 

20 the Township as described in paragraph (1), the 

21 Township may retain possession of the Lens for in22 stallation as an artifact in, at, or near the Light23 house upon the approval of the Commandant. The 

24 Lens shall be retained by the Township under this 

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1 tion and conservation of the Lens as the Com2 mandant shall specify for purposes of this para3 graph. Installation of the Lens under this paragraph 

4 shall occur, if at all, not later than two years after 

5 the date of the transfer of the Lens to the Township 

6 under subsection (a)(1). 

7 (3) REVERSION FOR FAILURE OF HISTORICAL

8 PRESERVATION.—If retention of the Lens by the 

9 Township is authorized under paragraph (2) and the 

10 Township does not install the Lens in accordance 

11 with that paragraph within the time specified in that 

12 paragraph, the Township shall return the lens to the 

13 Coast Guard at no cost to the United States and 

14 under such conditions as the Commandant may re15 quire. 

16 (c) CONVEYANCE OF ADDITIONAL PERSONAL PROP17 ERTY.— 

18 (1) TRANSFER AND CONVEYANCE OF PERSONAL

19 PROPERTY.—Notwithstanding any other provision of 

20 law, the Commandant may transfer to the Township 

21 any additional personal property of the United 

22 States related to the Lens that the Commandant 

23 considers appropriate for conveyance under this sec24 tion. If the Commandant conveys the Lens to the 

25 Township under subsection (a)(3), the Commandant 


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1 may convey to the Township any personal property 

2 previously transferred to the Township under this 

3 subsection. 

4 (2) REVERSION.—If the Lens is returned to the 

5 Coast Guard pursuant to subsection (b), the Town6 ship shall return to the Coast Guard all personal 

7 property transferred or conveyed to the Township 

8 under this subsection except to the extent otherwise 

9 approved by the Commandant. 

10 (d) CONVEYANCE WITHOUT CONSIDERATION.—The 

11 conveyance of the Lens and any personal property under 

12 this section shall be without consideration. 

13 (e) DELIVERY OF PROPERTY.—The Commandant 

14 shall deliver property conveyed under this section— 

15 (1) at the place where such property is located 

16 on the date of the conveyance; 

17 (2) in condition on the date of conveyance; and 

18 (3) without cost to the United States. 

19 (f) MAINTENANCE OF PROPERTY.—As a condition of 

20 the conveyance of any property to the Township under this 

21 section, the Commandant shall enter into an agreement 

22 with the Township under which the Township agrees— 

23 (1) to operate the Lens as a Class I private aid 

24 to navigation under section 85 of title 14, United 


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1 States Code, and application regulations under that 

2 section; and 

3 (2) to hold the United States harmless for any 

4 claim arising with respect to personal property con5 veyed under this section. 

6 (g) LIMITATION ON FUTURE CONVEYANCE.—The in7 struments providing for the conveyance of property under 

8 this section shall— 

9 (1) require that any further conveyance of an 

10 interest in such property may not be made without 

11 the advance approval of the Commandant; and 

12 (2) provide that, if the Commandant determines 

13 that an interest in such property was conveyed with14 out such approval— 

15 (A) all right, title, and interest in such 

16 property shall revert to the United States, and 

17 the United States shall have the right to imme18 diate possession of such property; and 

19 (B) the recipient of such property shall pay 

20 the United States for costs incurred by the 

21 United States in recovering such property. 

22 (h) ADDITIONAL TERMS AND CONDITIONS.—The 

23 Commandant may require such additional terms and con24 ditions in connection with the conveyances authorized by 


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1 this section as the Commandant considers appropriate to 

2 protect the interests of the United States. 

3 SEC. 910. REPEALS. 

4 The following sections are repealed: 

5 (1) Section 689 of title 14, United States Code, 

6 and the item relating to such section in the analysis 

7 for chapter 18 of such title. 

8 (2) Section 216 of title 14, United States Code, 

9 and the item relating to such section in the analysis 

10 for chapter 11 of such title. 

11 SEC. 911. REPORT ON SHIP TRAFFIC. 

12 (a) REPORT.—No later than 1 year after the date 

13 of enactment of this Act and annually thereafter, the Sec14 retary of the department in which the Coast Guard is op15 erating shall provide a report to the Senate Committee 

16 on Commerce, Science, and Transportation and the House 

17 of Representatives Committee on Transportation and In18 frastructure on the volume of foreign flag ships entering 

19 waters subject to the jurisdiction of the United States. 

20 The report may be submitted in classified format if the 

21 Secretary deems it to be necessary for national security. 

22 (b) CONTENTS.—The report shall include a break23 down of the number or percentage of such foreign flag 

24 ships that— 

25 (1) enter a United States port or place; 


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1 (2) do not enter a United States port or place 

2 but pass through the territorial sea of the United 

3 States; or 

4 (3) do not enter a United States port or place 

5 but pass only through the exclusive economic zone of 

6 the United States. 

7 (c) DEFINITIONS.—In this section: 

8 (1) EXCLUSIVE ECONOMIC ZONE.—The term 

9 ‘‘exclusive economic zone’’ means the Exclusive Eco10 nomic Zone of the United States established by 

11 Proclamation Number 5030, dated March 10, 1983 

12 (16 U.S.C. 1453 note). 

13 (2) TERRITORIAL SEA.—The term ‘‘territorial 

14 sea’’ means the waters of the Territorial Sea of the 

15 United States under Presidential Proclamation 

16 5928, dated December 27, 1988 (43 U.S.C. 1331 

17 note). 

18 SEC. 912. SMALL VESSEL EXCEPTION FROM DEFINITION OF 

19 FISH PROCESSING VESSEL. 

20 Section 2101(11b) of title 46, United States Code, 

21 is amended by striking ‘‘chilling.’’ and inserting ‘‘chilling, 

22 but does not include a fishing vessel operating in Alaskan 

23 waters under a permit or license issued by Alaska that— 

24 (A) fillets only salmon taken by that vessel; 


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1 (B) fillets less than 5 metric tons of such salm2 on during any 7-day period.’’. 

3 SEC. 913. RIGHT OF FIRST REFUSAL FOR COAST GUARD 

4 PROPERTY ON JUPITER ISLAND, FLORIDA. 

5 (a) RIGHT OF FIRST REFUSAL.—Notwithstanding 

6 any other law (other than this section), the Town of Jupi7 ter Island, Florida, shall have the right of first refusal 

8 to select and take without consideration fee simple title 

9 to real property within the jurisdiction of the Town com10 prising Parcel #35-38-42-004-000-02590-6 (Bon Air 

11 Beach lots 259 and 260 located at 83 North Beach Road) 

12 and Parcel #35-38-42-004-000-02610-2 (Bon Air Beach 

13 lots 261 to 267), including any improvements thereon that 

14 are not authorized or required by another provision of law 

15 to be conveyed to another person. 

16 (b) IDENTIFICATION OF PROPERTY.—The Com17 mandant of the Coast Guard may identify, describe, and 

18 determine the property referred to in subsection (a) that 

19 is subject to the right of the Town under that subsection. 

20 (c) LIMITATION.—The property referred to in sub21 section (a) may not be conveyed under that subsection 

22 until the Commandant of the Coast Guard determines that 

23 the property is not needed to carry out Coast Guard oper24 ations. 


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1 (d) REQUIRED USE.—Any property conveyed under 

2 this section shall be used by the Town of Jupiter Island, 

3 Florida, solely for conservation of habitat and as protec4 tion against damage from wind, tidal, and wave energy. 

5 (e) REVERSION.—Any conveyance of property under 

6 this section shall be subject to the condition that all right, 

7 title, and interest in the property, at the option of the 

8 Commandant of the Coast Guard, shall revert to the 

9 United States Government if the property is used for pur10 poses other than conservation. 

11 (f) IMPLEMENTATION.—The Commandant of the 

12 Coast Guard shall upon request by the Town— 

13 (1) promptly take those actions necessary to 

14 make property identified under subsection (b) and 

15 determined by the Commandant under subsection (c) 

16 ready for conveyance to the Town; and 

17 (2) convey the property to the Town subject to 

18 subsections (d) and (e). 

19 SEC. 914. SHIP DISPOSAL WORKING GROUP. 

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

21 enactment of this Act, the Secretary of Transportation 

22 shall convene a working group, composed of senior rep23 resentatives from the Maritime Administration, the Coast 

24 Guard, the Environmental Protection Agency, the Na25 tional Oceanic and Atmospheric Administration, and the 


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1 United States Navy. The Secretary may request the par2 ticipation of senior representatives of any other Federal 

3 department or agency, as appropriate, and shall consult 

4 with appropriate State environmental agencies. The work5 ing group shall review and make recommendations on en6 vironmental practices for the storage and disposal of obso7 lete vessels owned or operated by the Federal Government. 

8 (b) SCOPE.—Among the vessels to be considered by 

9 the working group are Federally owned or operated vessels 

10 that are— 

11 (A) to be scrapped or recycled; 

12 (B) to be used as artificial reefs; or 

13 (C) to be used for the Navy’s SINKEX 

14 program. 

15 (c) PURPOSE.—The working group shall— 

16 (1) examine current storage and disposal poli17 cies, procedures, and practices for obsolete vessels 

18 owned or operated by Federal agencies; 

19 (2) examine Federal and State laws and regula20 tions governing such policies, procedures, and prac21 tices and any applicable environmental laws; and 

22 (3) within 90 days after the date of enactment 

23 of this Act, submit a plan to the Senate Committee 

24 on Commerce, Science, and Transportation, the Sen25 ate Committee on Environment and Public Works, 


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1 and the House of Representatives Committee on 

2 Armed Services to improve and harmonize practices 

3 for storage and disposal of such vessels, including 

4 the interim transportation of such vessels. 

5 (d) CONTENTS OF PLAN.—The working group shall 

6 include in the plan submitted under subsection (c)(3)— 

7 (1) a description of existing measures for the 

8 storage, disposal, and interim transportation of ob9 solete vessels owned or operated by Federal agencies 

10 in compliance with Federal and State environmental 

11 laws in a manner that protects the environment; 

12 (2) a description of Federal and State laws and 

13 regulations governing current policies, procedures, 

14 and practices for the storage, disposal, and interim 

15 transportation of such vessels; 

16 (3) recommendations for environmental best 

17 practices that meet or exceed, and harmonize, the 

18 requirements of Federal environmental laws and reg19 ulations applicable to the storage, disposal, and in20 terim transportation of such vessels; 

21 (4) recommendations for environmental best 

22 practices that meet or exceed the requirements of 

23 State laws and regulations applicable to the storage, 

24 disposal, and interim transportation of such vessels; 


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1 (5) procedures for the identification and reme2 diation of any environmental impacts caused by the 

3 storage, disposal, and interim transportation of such 

4 vessels; and 

5 (6) recommendations for necessary steps, in6 cluding regulations if appropriate, to ensure that 

7 best environmental practices apply to all such ves8 sels. 

9 (e) IMPLEMENTATION OF PLAN.— 

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

11 the date of enactment of this Act, the head of each 

12 Federal department or agency participating in the 

13 working group, in consultation with the other Fed14 eral departments and agencies participating in the 

15 working group, shall take such action as may be nec16 essary, including the promulgation of regulations, 

17 under existing authorities to ensure that the imple18 mentation of the plan provides for compliance with 

19 all Federal and State laws and for the protection of 

20 the environment in the storage, interim transpor21 tation, and disposal of obsolete vessels owned or op22 erated by Federal agencies. 

23 (2) ARMED SERVICES VESSELS.—The Secretary 

24 and the Secretary of Defense, in consultation with 

25 the Administrator of the Environmental Protection 


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1 Agency, shall each ensure that environmental best 

2 practices are observed with respect to the storage, 

3 disposal, and interim transportation of obsolete ves4 sels owned or operated by the Department of De5 fense. 

6 (f) RULE OF CONSTRUCTION.—Nothing in this sec7 tion shall be construed to supersede, limit, modify, or oth8 erwise affect any other provision of law, including environ9 mental law. 

10 SEC. 915. FULL MULTI-MISSION RESPONSE STATION IN 

11 VALDEZ, ALASKA. 

12 Not later than 180 days after the date of enactment 

13 of this Act, the Secretary of the department in which the 

14 Coast Guard is operating may construct a full multi-mis15 sion Coast Guard Response Station in Valdez, Alaska. The 

16 Station shall include shore and maintenance infrastruc17 ture facilities to support all current and projected Coast 

18 Guard waterborne security forces to be located in Valdez, 

19 Alaska, over the next 20 years. 

20 SEC. 916. PROTECTION AND FAIR TREATMENT OF SEA21 FARERS. 

22 (a) IN GENERAL.—Chapter 5 of title 14, United 

23 States Code, is amended by inserting after section 89 the 

24 following: 


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1 ‘‘§ 89a. Protection and fair treatment of seafarers 

2 ‘‘(a) AUTHORITY OF THE SECRETARY.— 

3 ‘‘(1) IN GENERAL.—The Secretary is author4 ized— 

5 ‘‘(A) to require a bond or surety satisfac6 tory as an alternative to withholding or revok7 ing clearance required under section 60105 of 

8 title 46 if, in the opinion of the Secretary, such 

9 bond or surety satisfactory is necessary to fa10 cilitate an investigation, reporting, documenta11 tion, or adjudication of any matter that is re12 lated to the administration or enforcement of 

13 any treaty, law, or regulation by the Coast 

14 Guard, provided that corporate sureties under15 writing any such bonds be certified by the De16 partment of the Treasury to write Federal 

17 bonds under sections 9304 and 9305 of title 31; 

18 ‘‘(B) at the discretion of the Secretary, to 

19 pay, in whole or in part, without further appro20 priation and without fiscal year limitation, from 

21 amounts in the Fund, necessary support of— 

22 ‘‘(i) any seafarer who enters, remains, 

23 or has been paroled into the United States 

24 and is involved in an investigation, report25 ing, documentation, or adjudication of any 

26 matter that is related to the administration 


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1 or enforcement of any treaty, law, or regu2 lation by the Coast Guard; and 

3 ‘‘(ii) any seafarer whom the Secretary 

4 finds to have been abandoned in the 

5 United States; and 

6 ‘‘(C) at the sole discretion of the Sec7 retary, to reimburse, in whole or in part, with8 out further appropriation and without fiscal 

9 year limitation, from amounts in the Fund, a 

10 shipowner, who has filed a bond or surety satis11 factory pursuant to subparagraph (A) of this 

12 paragraph and provided necessary support of a 

13 seafarer who has been paroled into the United 

14 States to facilitate an investigation, reporting, 

15 documentation, or adjudication of any matter 

16 that is related to the administration or enforce17 ment of any treaty, law, or regulation by the 

18 Coast Guard, for costs of necessary support, 

19 when the Secretary deems reimbursement nec20 essary to avoid serious injustice. 

21 ‘‘(2) APPLICATION.—The authority to require a 

22 bond or a surety satisfactory or to request the with23 holding or revocation of the clearance required under 

24 section 60105 of title 46 is applicable to any inves25 tigation, reporting, documentation, or adjudication 


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1 of any matter that is related to the administration 

2 or enforcement of any treaty, law, or regulation by 

3 the Coast Guard. 

4 ‘‘(3) LIMITATIONS.—Nothing in this section 

5 shall be construed— 

6 ‘‘(A) to create a right, benefit, or entitle7 ment to necessary support; or 

8 ‘‘(B) to compel the Secretary to pay, or re9 imburse the cost of, necessary support. 

10 ‘‘(b) FUND.— 

11 ‘‘(1) IN GENERAL.—There is established in the 

12 Treasury a special fund known as the ‘Support of 

13 Seafarers Fund’. 

14 ‘‘(2) AVAILABILITY.—The amounts covered into 

15 the Fund shall be available to the Secretary, without 

16 further appropriation and without fiscal year limita17 tion— 

18 ‘‘(A) to pay necessary support, pursuant to 

19 subsection (a)(1)(B) of this section; and 

20 ‘‘(B) to reimburse a shipowner for nec21 essary support, pursuant to subsection 

22 (a)(1)(C) of this section. 

23 ‘‘(3) RECEIPTS.—Notwithstanding any other 

24 provision of law, the Fund shall be authorized to re25 ceive— 


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1 ‘‘(A) amounts reimbursed or recovered 

2 pursuant to subsection (c) of this section; 

3 ‘‘(B) amounts appropriated to the Fund 

4 pursuant to subsection (f) of this section; and 

5 ‘‘(C) appropriations available to the Sec6 retary for transfer. 

7 ‘‘(4) LIMITATION ON CERTAIN CREDITS.—The 

8 Fund may receive credits pursuant to paragraph 

9 (3)(A) of this subsection only when the unobligated 

10 balance of the Fund is less than $5,000,000. 

11 ‘‘(5) REPORT REQUIRED.— 

12 ‘‘(A) Except as provided in subparagraph 

13 (B) of this paragraph, the Secretary shall not 

14 obligate any amount in the Fund in a given fis15 cal year unless the Secretary has submitted to 

16 Congress, concurrent with the President’s budg17 et submission for that fiscal year, a report that 

18 describes— 

19 ‘‘(i) the amounts credited to the 

20 Fund, pursuant to paragraph (3) of this 

21 section, for the preceding fiscal year; 

22 ‘‘(ii) a detailed description of the ac23 tivities for which amounts were charged; 

24 and 


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1 ‘‘(iii) the projected level of expendi2 tures from the Fund for the coming fiscal 

3 year, based on— 

4 ‘‘(I) on-going activities; and 

5 ‘‘(II) new cases, derived from his6 toric data. 

7 ‘‘(B) The limitation in subparagraph (A) 

8 of this paragraph shall not apply to obligations 

9 during the first fiscal year during which 

10 amounts are credited to the Fund. 

11 ‘‘(6) FUND MANAGER.—The Secretary shall 

12 designate a Fund manager, who shall— 

13 ‘‘(A) ensure the visibility and account14 ability of transactions utilizing the Fund; 

15 ‘‘(B) prepare the report required pursuant 

16 to paragraph (5) of this subsection; and 

17 ‘‘(C) monitor the unobligated balance of 

18 the Fund and provide notice to the Secretary 

19 and the Attorney General whenever the unobli20 gated balance of the Fund is less than 

21 $5,000,000. 

22 ‘‘(c) REIMBURSEMENTS— 

23 ‘‘(1) RECOVERY.—Any shipowner— 

24 ‘‘(A)(i) who, during the course of an inves25 tigation, reporting, documentation, or adjudicaVerDate Aug 31 2005 02:15 Jul 28, 2007 Jkt 059200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\S1892.IS S1892

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1 tion of any matter that the Coast Guard re2 ferred to a United States Attorney or the Attor3 ney General, fails to provide necessary support 

4 of a seafarer who has been paroled into the 

5 United States to facilitate the investigation, re6 porting, documentation, or adjudication, and 

7 ‘‘(ii) against whom a criminal penalty is 

8 subsequently imposed, or 

9 ‘‘(B) who, under any circumstance, aban10 dons a seafarer in the United States, as deter11 mined by the Secretary, 

12 shall reimburse the Fund an amount equal to the 

13 total amount paid from the Fund for necessary sup14 port of the seafarer, plus a surcharge of 25 per cent 

15 of such total amount. 

16 ‘‘(2) ENFORCEMENT.—If a shipowner fails to 

17 reimburse the Fund as required under paragraph 

18 (1) of this subsection, the Secretary may— 

19 ‘‘(A) proceed in rem against any vessel of 

20 the shipowner in the Federal district court for 

21 the district in which such vessel is found; and 

22 ‘‘(B) withhold or revoke the clearance, re23 quired by section 60105 of title 46, of any ves24 sel of the shipowner wherever such vessel is 

25 found. 


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1 ‘‘(3) CLEARANCE.—Whenever clearance is with2 held or revoked pursuant to paragraph (2)(B) of this 

3 subsection, clearance may be granted if the ship4 owner reimburses the Fund the amount required 

5 under paragraph (1) of this subsection. 

6 ‘‘(d) DEFINITIONS.—In this section: 

7 ‘‘(1) ABANDONS; ABANDONED.—The term 

8 ‘abandons’ or ‘abandoned’ means a shipowner’s uni9 lateral severance of ties with a seafarer or the ship10 owner’s failure to provide necessary support of a 

11 seafarer; 

12 ‘‘(2) BOND OR SURETY SATISFACTORY.—The 

13 term ‘bond or surety satisfactory’ means a nego14 tiated instrument, the terms of which may, at the 

15 discretion of the Secretary, include provisions that 

16 require the shipowner to— 

17 ‘‘(A) provide necessary support of a sea18 farer who has or may have information perti19 nent to an investigation, reporting, documenta20 tion, or adjudication of any matter that is re21 lated to the administration or enforcement of 

22 any treaty, law, or regulation by the Coast 

23 Guard; 

24 ‘‘(B) facilitate an investigation, reporting, 

25 documentation, or adjudication of any matter 


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•S 1892 IS 

1 that is related to the administration or enforce2 ment of any treaty, law, or regulation by the 

3 Coast Guard; 

4 ‘‘(C) stipulate to certain incontrovertible 

5 facts, including, but not limited to, the owner6 ship or operation of the vessel, or the authen7 ticity of documents and things from the vessel; 

8 ‘‘(D) facilitate service of correspondence 

9 and legal papers; 

10 ‘‘(E) enter an appearance in Federal dis11 trict court; 

12 ‘‘(F) comply with directions regarding pay13 ment of funds; 

14 ‘‘(G) name an agent in the United States 

15 for service of process; 

16 ‘‘(H) make stipulations as to the authen17 ticity of certain documents in Federal district 

18 court; 

19 ‘‘(I) provide assurances that no discrimina20 tory or retaliatory measures will be taken 

21 against a seafarer involved in an investigation, 

22 reporting, documentation, or adjudication of 

23 any matter that is related to the administration 

24 or enforcement of any treaty, law, or regulation 

25 by the Coast Guard; 


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1 ‘‘(J) provide financial security in the form 

2 of cash, bond, or other means acceptable to the 

3 Secretary; and 

4 ‘‘(K) provide for any other appropriate 

5 measures as the Secretary deems necessary to 

6 ensure the Government is not prejudiced by 

7 granting the clearance required by section 

8 60105 of title 46. 

9 ‘‘(3) FUND.—The term ‘Fund’ means the Sup10 port of Seafarers Fund, established by subsection 

11 (b); 

12 ‘‘(4) NECESSARY SUPPORT.—The term ‘nec13 essary support’ means normal wages, lodging, sub14 sistence, clothing, medical care (including hos15 pitalization), repatriation, and any other expense the 

16 Secretary deems appropriate; 

17 ‘‘(5) SEAFARER.—The term ‘seafarer’ means an 

18 alien crewman who is employed or engaged in any 

19 capacity on board a vessel subject to the jurisdiction 

20 of the United States; 

21 ‘‘(6) SHIPOWNER.—The term ‘shipowner’ 

22 means the individual or entity that owns, has an 

23 ownership interest in, or operates a vessel subject to 

24 the jurisdiction of the United States; 


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1 ‘‘(7) VESSEL SUBJECT TO THE JURISDICTION

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

3 to the jurisdiction of the United States’ has the 

4 same meaning it has in section 70502(c) of title 46, 

5 except that it excludes a vessel owned or bareboat 

6 chartered and operated by the United States, by a 

7 State or political subdivision thereof, or by a foreign 

8 nation, except when such vessel is engaged in com9 merce. 

10 ‘‘(e) REGULATIONS.—The Secretary is authorized to 

11 promulgate regulations to implement this subsection. 

12 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to the Fund $1,500,000 

14 for each of fiscal years 2009, 2010, and 2011.’’. 

15 (b) CLERICAL AMENDMENT.—The chapter analysis 

16 for chapter 5 of such title is amended by inserting after 

17 the item relating to section 89 the following: 

‘‘89a. Protection and fair treatment of seafarers.’’. 

18 SEC. 917. ICEBREAKERS. 

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

20 in which the Coast Guard is operating shall acquire or 

21 construct 2 polar icebreakers for operation by the Coast 

22 Guard in addition to its existing fleet of polar icebreakers. 

23 (b) NECESSARY MEASURES.—The Secretary shall 

24 take all necessary measures, including the provision of 


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1 necessary operation and maintenance funding, to ensure 

2 that— 

3 (1) the Coast Guard maintains, at a minimum, 

4 its current vessel capacity for carrying out ice break5 ing in the Arctic and Antarctic, Great Lakes, and 

6 New England regions; and 

7 (2) any such vessels that are not fully oper8 ational are brought up to, and maintained at full 

9 operational capability. 

10 (c) REIMBURSEMENT.—Nothing in this section shall 

11 preclude the Secretary from seeking reimbursement for 

12 operation and maintenance costs of such polar icebreakers 

13 from other Federal agencies and entities, including foreign 

14 countries, that benefit from the use of the icebreakers. 

15 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated for fiscal year 2008 to 

17 the Secretary of the department in which the Coast Guard 

18 is operating such sums as may be necessary to acquire 

19 the icebreakers authorized by subsection (a), as well as 

20 maintaining and operating the icebreaker fleet as author21 ized in subsection (b). 

22 SEC. 918. FUR SEAL ACT AUTHORIZATION. 

23 Section 206(c)(1) of the Fur Seal Act of 1966 (16 

24 U.S.C. 1166(c)(1)) is amended by striking ‘‘and 2007’’ 

25 and inserting ‘‘2007, 2008, and 2009’’. 


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1 SEC. 919. STUDY OF RELOCATION OF COAST GUARD SEC2 TOR BUFFALO FACILITIES. 

3 (a) PURPOSES.—The purposes of this section are— 

4 (1) to authorize a project study to evaluate the 

5 feasibility of consolidating and relocating Coast 

6 Guard facilities at Coast Guard Sector Buffalo with7 in the study area; 

8 (2) to obtain a preliminary plan for the design, 

9 engineering, and construction for the consolidation 

10 of Coast Guard facilities at Sector Buffalo; and 

11 (3) to distinguish what Federal lands, if any, 

12 shall be identified as excess after the consolidation. 

13 (b) DEFINITIONS.—In this section: 

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

15 means the Commandant of the Coast Guard. 

16 (2) SECTOR BUFFALO.—The term ‘‘Sector Buf17 falo’’ means Coast Guard Sector Buffalo of the 

18 Ninth Coast Guard District. 

19 (3) STUDY AREA.—The term ‘‘study area’’ 

20 means the area consisting of approximately 31 acres 

21 of real property and any improvements thereon that 

22 are commonly identified as Coast Guard Sector Buf23 falo, located at 1 Fuhrmann Boulevard, Buffalo, 

24 New York, and under the administrative control of 

25 the Coast Guard. 

26 (c) STUDY.— 


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1 (1) IN GENERAL.—Within 12 months after the 

2 date on which funds are first made available to carry 

3 out this section, the Commandant shall conduct a 

4 project proposal report of the study area and shall 

5 submit such report to the Committee on Commerce, 

6 Science, and Transportation of the Senate and the 

7 Committee on Transportation and Infrastructure of 

8 the House of Representatives. 

9 (2) REQUIREMENTS.—The project proposal re10 port shall— 

11 (A) evaluate the most cost-effective method 

12 for providing shore facilities to meet the oper13 ational requirements of Sector Buffalo; 

14 (B) determine the feasibility of consoli15 dating and relocating shore facilities on a por16 tion of the existing site, while— 

17 (i) meeting the operational require18 ments of Sector Buffalo; and 

19 (ii) allowing the expansion of oper20 ational requirements of Sector Buffalo; 

21 and 

22 (C) contain a preliminary plan for the de23 sign, engineering, and construction of the pro24 posed project, including— 


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•S 1892 IS 

1 (i) the estimated cost of the design, 

2 engineering, and construction of the pro3 posed project; 

4 (ii) an anticipated timeline of the pro5 posed project; and 

6 (iii) a description of what Federal 

7 lands, if any, shall be considered excess to 

8 Coast Guard needs. 

9 (d) LIMITATION.—Nothing in this section shall affect 

10 the current administration and management of the study 

11 area. 

12 SEC. 920. INSPECTOR GENERAL REPORT ON COAST GUARD 

13 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— 


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•S 1892 IS 

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). 

Æ 


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