489 
to the United States for a civil penalty of 
not to exceed $10,000 for each violation. 
The Secretary shall notify the individual 
in writing of the amount of the civil pen-
alty. 
‘‘(2) DETERMINATION
OF
AMOUNT.—In 
determining the amount of the penalty, 
the Secretary shall consider the nature, 
circumstances, extent, and gravity of the 
prohibited acts committed and, with re-
spect to the violator, the degree of culpa-
bility, any history of prior offenses, ability 
to pay, and other matters that justice re-
quires. 
‘‘(3) TREATMENT OF CIVIL PENALTY AS-
SESSMENT.—Assessment of a civil penalty 
under this subsection shall not be consid-
ered a conviction for purposes of State or 
Federal law but may be considered proof 
of possession if such a determination is 
relevant.’’. 
SEC. 305. TECHNICAL AMENDMENTS TO TONNAGE MEAS-
UREMENT LAW. 
(a) DEFINITIONS.—Section 14101(4) of title 
46, United States Code, is amended— 
VerDate Aug 31 2005 
02:01 Jan 31, 2008
Jkt 069200
PO 00000
Frm 00489
Fmt 6652
Sfmt 6204
E:\BILLS\H2830.RH
H2830
wwoods2 on PRODPC68 with BILLS
490 
(1) by striking ‘‘engaged’’ the first 
place it appears and inserting ‘‘that en-
gages’’; 
(2) in subparagraph (A), by striking 
‘‘arriving’’ and inserting ‘‘that arrives’’; 
(3) in subparagraph (B)— 
(A) by striking ‘‘making’’ and in-
serting ‘‘that makes’’; and 
(B) by striking ‘‘(except a foreign 
vessel engaged on that voyage)’’; 
(4) in subparagraph (C), by striking 
‘‘departing’’ and inserting ‘‘that departs’’; 
and 
(5) in subparagraph (D), by striking 
‘‘making’’ and inserting ‘‘that makes’’. 
(b) DELEGATION
OF
AUTHORITY.—Section 
14103(c) of that title is amended by striking 
‘‘intended to be engaged on’’ and inserting 
‘‘that engages on’’. 
(c) APPLICATION.—Section 14301 of that 
title is amended— 
(1) by amending subsection (a) to read 
as follows: 
‘‘(a) Except as otherwise provided in this 
section, this chapter applies to any vessel for 
VerDate Aug 31 2005 
02:01 Jan 31, 2008
Jkt 069200
PO 00000
Frm 00490
Fmt 6652
Sfmt 6204
E:\BILLS\H2830.RH
H2830
wwoods2 on PRODPC68 with BILLS
491 
which the application of an international 
agreement or other law of the United States to 
the vessel depends on the vessel’s tonnage.’’; 
(2) in subsection (b)— 
(A) in paragraph (1), by striking 
the period at the end and inserting ‘‘, 
unless the government of the country 
to which the vessel belongs elects to 
measure the vessel under this chap-
ter.’’; 
(B) in paragraph (3), by inserting 
‘‘of United States or Canadian reg-
istry or nationality, or a vessel oper-
ated under the authority of the United 
States or Canada, and that is’’ after 
‘‘vessel’’; 
(C) in paragraph (4), by striking 
‘‘a vessel (except a vessel engaged’’ 
and inserting ‘‘a vessel of United 
States registry or nationality, or one 
operated under the authority of the 
United States (except a vessel that en-
gages’’; 
(D) by striking paragraph (5); 
VerDate Aug 31 2005 
02:01 Jan 31, 2008
Jkt 069200
PO 00000
Frm 00491
Fmt 6652
Sfmt 6204
E:\BILLS\H2830.RH
H2830
wwoods2 on PRODPC68 with BILLS
492 
(E) by redesignating paragraph 
(6) as paragraph (5); and 
(F) by amending paragraph (5), as 
so redesignated, to read as follows: 
‘‘(5) a barge of United States registry 
or nationality, or a barge operated under 
the authority of the United States (except 
a barge that engages on a foreign voyage) 
unless the owner requests.’’; 
(3) by striking subsection (c); 
(4) by redesignating subsections (d) 
and (e) as subsections (c) and (d), respec-
tively; and 
(5) in subsection (c), as redesignated, 
by striking ‘‘After July 18, 1994, an exist-
ing vessel (except an existing vessel re-
ferred to in subsection (b)(5)(A) or (B) of 
this section)’’ and inserting ‘‘An existing 
vessel that has not undergone a change 
that the Secretary finds substantially af-
fects the vessel’s gross tonnage (or a vessel 
to which IMO Resolutions A.494 (XII) of 
November 19, 1981, A.540 (XIII) of Novem-
ber 17, 1983, or A.541 (XIII) of November 
17, 1983 apply)’’. 
VerDate Aug 31 2005 
02:01 Jan 31, 2008
Jkt 069200
PO 00000
Frm 00492
Fmt 6652
Sfmt 6204
E:\BILLS\H2830.RH
H2830
wwoods2 on PRODPC68 with BILLS
493 
(d) MEASUREMENT.—Section 14302(b) of 
that title is amended to read as follows: 
‘‘(b) A vessel measured under this chapter 
may not be required to be measured under an-
other law.’’. 
(e) TONNAGE CERTIFICATE.— 
(1) ISSUANCE.—Section 14303 of title 
46, United States Code, is amended— 
(A) in subsection (a), by adding at 
the end the following: ‘‘For a vessel to 
which the Convention does not apply, 
the Secretary shall prescribe a certifi-
cate to be issued as evidence of a ves-
sel’s measurement under this chap-
ter.’’; 
(B) in subsection (b), by inserting 
‘‘issued under this section’’ after ‘‘cer-
tificate’’; and 
(C) in the section heading by strik-
ing ‘‘International’’ and ‘‘(1969)’’. 
(2) MAINTENANCE.—Section 14503 of 
that title is amended— 
(A) by designating the existing 
text as subsection (a); and 
VerDate Aug 31 2005 
02:01 Jan 31, 2008
Jkt 069200
PO 00000
Frm 00493
Fmt 6652
Sfmt 6204
E:\BILLS\H2830.RH
H2830
wwoods2 on PRODPC68 with BILLS
494 
(B) by adding at the end the fol-
lowing new subsection: 
‘‘(b) The certificate shall be maintained as 
required by the Secretary.’’. 
(3) CLERICAL
AMENDMENT.—The anal-
ysis at the beginning of chapter 143 of 
that title is amended by striking the item 
relating to section 14303 and inserting the 
following: 
‘‘14303. Tonnage Certificate.’’. 
(f) OPTIONAL REGULATORY MEASUREMENT.— 
Section 14305(a) of that title is amended by 
striking ‘‘documented vessel measured under 
this chapter,’’ and inserting ‘‘vessel measured 
under this chapter that is of United States reg-
istry or nationality, or a vessel operated under 
the authority of the United States,’’. 
(g) APPLICATION.—Section 14501 of that 
title is amended— 
(1) by amending paragraph (1) to 
read as follows: 
‘‘(1) A vessel not measured under 
chapter 143 of this title if the application 
of an international agreement or other 
law of the United States to the vessel de-
pends on the vessel’s tonnage.’’; and 
VerDate Aug 31 2005 
02:01 Jan 31, 2008
Jkt 069200
PO 00000
Frm 00494
Fmt 6652
Sfmt 6204
E:\BILLS\H2830.RH
H2830
wwoods2 on PRODPC68 with BILLS
495 
(2) in paragraph (2), by striking ‘‘a 
vessel’’ and inserting ‘‘A vessel’’. 
(h) DUAL TONNAGE MEASUREMENT.—Section 
14513(c) of that title is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘vessel’s tonnage 
mark is below the uppermost part of 
the load line marks,’’ and inserting 
‘‘vessel is assigned two sets of gross 
and net tonnages under this section,’’; 
and 
(B) by inserting ‘‘vessel’s tonnage’’ 
before ‘‘mark’’ the second place such 
term appears; and 
(2) in paragraph (2), by striking the 
period at the end and inserting ‘‘as as-
signed under this section.’’. 
(i) RECIPROCITY
FOR FOREIGN VESSELS.— 
Subchapter II of chapter 145 of that title is 
amended by adding at the end the following: 
‘‘§ 14514. Reciprocity for foreign vessels 
‘‘For a foreign vessel not measured under 
chapter 143, if the Secretary finds that the 
laws and regulations of a foreign country re-
lated to measurement of vessels are substan-
VerDate Aug 31 2005 
02:01 Jan 31, 2008
Jkt 069200
PO 00000
Frm 00495
Fmt 6652
Sfmt 6204
E:\BILLS\H2830.RH
H2830
wwoods2 on PRODPC68 with BILLS
496 
tially similar to those of this chapter and the 
regulations prescribed under this chapter, the 
Secretary may accept the measurement and 
certificate of a vessel of that foreign country 
as complying with this chapter and the regula-
tions prescribed under this chapter.’’. 
(j) CLERICAL AMENDMENT.—The analysis for 
subchapter II of chapter 145 of such title is 
amended by adding at the end the following: 
‘‘14514. Reciprocity for foreign vessels.’’. 
SEC. 306. ACCESS FOR SEAMEN. 
A seaman assigned to a vessel docked at a 
facility with a security plan approved under 
section 70103(c) of title 46, United States Code, 
and pilots and representatives of seamen’s wel-
fare and labor organizations, who board and 
depart from the vessel in compliance with the 
provisions of the facility security plan shall be 
provided access through the facility at no cost 
to the individual. 
SEC. 307. FISHING VESSEL SAFETY. 
(a) SAFETY STANDARDS.—Section 4502 of 
title 46, United States Code, is amended— 
(1) in subsection (a), by— 
(A) striking paragraphs (6) and 
(7) and inserting the following: 
VerDate Aug 31 2005 
02:01 Jan 31, 2008
Jkt 069200
PO 00000
Frm 00496
Fmt 6652
Sfmt 6204
E:\BILLS\H2830.RH
H2830
wwoods2 on PRODPC68 with BILLS
497 
‘‘(6) other equipment required to mini-
mize the risk of injury to the crew during 
vessel operations, if the Secretary deter-
mines that a risk of serious injury exists 
that can be eliminated or mitigated by 
that equipment; and’’; and 
(B) redesignating paragraph (8) 
as paragraph (7); 
(2) in subsection (b)— 
(A) in paragraph (1) in the matter 
preceding subparagraph (A), by strik-
ing ‘‘documented’’; 
(B) in paragraph (1)(A), by strik-
ing ‘‘the Boundary Line’’ and insert-
ing ‘‘3 nautical miles from the base-
line from which the territorial sea of 
the United States is measured or be-
yond 3 nautical miles from the coast-
line of the Great Lakes’’; 
(C) in paragraph (2)(B), by strik-
ing ‘‘lifeboats or liferafts’’ and insert-
ing ‘‘a survival craft that ensures that 
no part of an individual is immersed 
in water’’; 
VerDate Aug 31 2005 
02:01 Jan 31, 2008
Jkt 069200
PO 00000
Frm 00497
Fmt 6652
Sfmt 6204
E:\BILLS\H2830.RH
H2830
wwoods2 on PRODPC68 with BILLS
498 
(D) in paragraph (2)(D), by insert-
ing ‘‘marine’’ before ‘‘radio’’; 
(E) in paragraph (2)(E), by strik-
ing ‘‘radar reflectors, nautical charts, 
and anchors’’ and inserting ‘‘nautical 
charts, and publications’’; 
(F) in paragraph (2)(F), by strik-
ing ‘‘, including medicine chests’’ and 
inserting ‘‘and medical supplies suffi-
cient for the size and area of oper-
ation of the vessel’’ and 
(G) by amending paragraph (2)(G) 
to read as follows: 
‘‘(G) ground tackle sufficient for the 
vessel.’’; 
(3) by amending subsection (f) to read 
as follows: 
‘‘(f) To ensure compliance with the require-
ments of this chapter, the Secretary— 
‘‘(1) shall require the individual in 
charge of a vessel described in subsection 
(b) to keep a record of equipment mainte-
nance, 
and 
required 
instruction 
and 
drills; and 
VerDate Aug 31 2005 
02:01 Jan 31, 2008
Jkt 069200
PO 00000
Frm 00498
Fmt 6652
Sfmt 6204
E:\BILLS\H2830.RH
H2830
wwoods2 on PRODPC68 with BILLS
499 
‘‘(2) shall examine at dockside a vessel 
described in subsection (b) at least twice 
every 5 years, and shall issue a certificate 
of compliance to a vessel meeting the re-
quirements of this chapter.’’; and 
(4) by adding at the end the following: 
‘‘(g)(1) The individual in charge of a vessel 
described in subsection (b) must pass a train-
ing program approved by the Secretary that 
meets the requirements in paragraph (2) of 
this subsection and hold a valid certificate 
issued under that program. 
‘‘(2) The training program shall— 
‘‘(A) be based on professional knowl-
edge and skill obtained through sea serv-
ice and hands-on training, including 
training in seamanship, stability, colli-
sion prevention, navigation, fire fighting 
and prevention, damage control, personal 
survival, emergency medical care, and 
weather; 
‘‘(B) require an individual to dem-
onstrate ability to communicate in an 
emergency situation and understand in-
VerDate Aug 31 2005 
02:01 Jan 31, 2008
Jkt 069200
PO 00000
Frm 00499
Fmt 6652
Sfmt 6204
E:\BILLS\H2830.RH
H2830
wwoods2 on PRODPC68 with BILLS
500 
formation found in navigation publica-
tions; 
‘‘(C) recognize and give credit for re-
cent past experience in fishing vessel oper-
ation; and 
‘‘(D) provide for issuance of a certifi-
cate to an individual that has success-
fully completed the program. 
‘‘(3) The Secretary shall prescribe regula-
tions implementing this subsection. The regu-
lations shall require that individuals who are 
issued a certificate under paragraph (2)(D) 
must complete refresher training at least once 
every 5 years as a condition of maintaining the 
validity of the certificate. 
‘‘(4) The Secretary shall establish a pub-
licly accessible electronic database listing the 
names of individuals who have participated in 
and received a certificate confirming success-
ful completion of a training program ap-
proved by the Secretary under this section. 
‘‘(h) A vessel to which this chapter applies 
shall be constructed in a manner that provides 
a level of safety equivalent to the minimum 
safety standards the Secretary may estab-
VerDate Aug 31 2005 
02:01 Jan 31, 2008
Jkt 069200
PO 00000
Frm 00500
Fmt 6652
Sfmt 6204
E:\BILLS\H2830.RH
H2830
wwoods2 on PRODPC68 with BILLS