446 
pendents under chapter 55 of title 10, 
United States Code, $1,184,720,000, to re-
main available until expended. 
(5) For alteration or removal of 
bridges over navigable waters of the 
United States constituting obstructions to 
navigation, and for personnel and admin-
istrative costs associated with the Bridge 
Alteration Program, $16,000,000. 
(6) For environmental compliance and 
restoration 
at 
Coast 
Guard 
facilities 
(other than parts and equipment associ-
ated with operation and maintenance), 
$12,079,000, to remain available until ex-
pended. 
(7) For the Coast Guard Reserve pro-
gram, including personnel and training 
costs, 
equipment, 
and 
services, 
$126,883,000. 
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 
AND TRAINING. 
(a) ACTIVE
DUTY
STRENGTH.—The Coast 
Guard is authorized an end-of-year strength 
for active duty personnel of 45,500 for the fis-
cal year ending on September 30, 2008. 
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447 
(b) MILITARY TRAINING STUDENT LOADS.— 
For fiscal year 2008, the Coast Guard is au-
thorized average military training student 
loads as follows: 
(1) For recruit and special training, 
2,500 student years. 
(2) For flight training, 165 student 
years. 
(3) For professional training in mili-
tary and civilian institutions, 350 student 
years. 
(4) For officer acquisition, 1,200 stu-
dent years. 
SEC. 103. TRANSFER OF BRIDGE ADMINISTRATION PRO-
GRAM AUTHORITY AND FUNCTIONS. 
(a) TRANSFER.— 
(1) AUTHORITY
AND
FUNCTIONS.—Not-
withstanding section 888(b) of the Home-
land Security Act of 2002 (6 U.S.C. 468(b)) 
or any other provision of law, the authori-
ties of the Secretary of Homeland Security 
to approve the construction, alteration, or 
operation of a bridge, drawbridge, or 
causeway across or over the navigable wa-
ters of the United States and to require 
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448 
the alteration, repair, or removal of that 
bridge, drawbridge, or causeway, pursu-
ant to the Bridge Act of 1906 (34 Stat. 84; 
33 U.S.C. 491 et seq.), the General Bridge 
Act of 1946 (60 Stat. 847, 33 U.S.C. 525 
note), the Truman-Hobbs Act (54 Stat. 497; 
33 U.S.C. 511 et seq.), and the Inter-
national Bridge Act of 1972 (60 Stat. 847; 
33 U.S.C. 525 et seq.), and the functions 
related thereto, are hereby transferred to 
the Secretary of Transportation. 
(2) TRANSFER AND ADMINISTRATION OF 
BALANCES.—Any unobligated balances of 
prior appropriations provided for the al-
teration of bridges are transferred and 
shall be available to the Secretary of 
Transportation to carry out the functions 
and authorities transferred by subsection 
(a). 
TITLE II—COAST GUARD 
SEC. 201. APPOINTMENT OF CIVILIAN COAST GUARD 
JUDGES. 
(a) IN GENERAL.—Chapter 7 of title 14, 
United States Code, is amended by adding at 
the end the following: 
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‘‘§ 153. Appointment of judges 
‘‘The Secretary may appoint civilian em-
ployees of the Department in which the Coast 
Guard is operating as appellate military 
judges, available for assignment to the Coast 
Guard Court of Criminal Appeals as provided 
for in section 866(a) of title 10.’’. 
(b) CLERICAL AMENDMENT.—The analysis 
for such chapter is amended by adding at the 
end the following: 
‘‘153. Appointment of judges.’’. 
SEC. 202. INDUSTRIAL ACTIVITIES. 
Section 151 of title 14, United States Code, 
is amended— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ 
before ‘‘All orders’’; and 
(2) by adding at the end the following: 
‘‘(b) ORDERS AND AGREEMENTS FOR INDUS-
TRIAL
ACTIVITIES.—Under this section, the 
Coast Guard industrial activities may accept 
orders and enter into reimbursable agree-
ments with establishments, agencies, and de-
partments of the Department of Defense.’’. 
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SEC. 203. REIMBURSEMENT FOR MEDICAL-RELATED TRAV-
EL EXPENSES. 
(a) IN GENERAL.—Chapter 13 of title 14, 
United States Code, is amended by adding at 
the end the following: 
‘‘§ 518. Reimbursement for medical-related travel ex-
penses for certain persons residing on is-
lands in the continental United States 
‘‘In any case in which a covered bene-
ficiary (as defined in section 1072(5) of title 10) 
resides on an island that is located in the 48 
contiguous States and the District of Colum-
bia and that lacks public access roads to the 
mainland and is referred by a primary care 
physician to a specialty care provider (as de-
fined in section 1074i(b) of title 10) on the 
mainland who provides services less than 100 
miles from the location where the beneficiary 
resides, the Secretary shall reimburse the rea-
sonable travel expenses of the covered bene-
ficiary and, when accompaniment by an adult 
is necessary, for a parent or guardian of the 
covered beneficiary or another member of the 
covered beneficiary’s family who is at least 21 
years of age.’’. 
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451 
(b) CLERICAL AMENDMENT.—The analysis 
for such chapter is amended by adding at the 
end the following: 
‘‘518. Reimbursement for medical-related travel expenses for cer-
tain persons residing on islands in the continental 
United States.’’. 
SEC. 204. COMMISSIONED OFFICERS. 
(a) ACTIVE DUTY PROMOTION LIST.—Section 
42 of title 14, United States Code, is amended 
to read as follows: 
‘‘§ 42. Number and distribution of commissioned offi-
cers on active duty promotion list 
‘‘(a) MAXIMUM TOTAL NUMBER.—The total 
number of Coast Guard commissioned officers 
on the active duty promotion list, excluding 
warrant officers, shall not exceed 6,700; except 
that the Commandant may temporarily in-
crease that number by up to 2 percent for no 
more than 60 days following the date of the 
commissioning of a Coast Guard Academy 
class. 
‘‘(b) 
DISTRIBUTION
PERCENTAGES
BY 
GRADE.— 
‘‘(1) REQUIRED.—The total number of 
commissioned officers authorized by this 
section shall be distributed in grade in 
the following percentages: 0.375 percent 
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452 
for rear admiral; 0.375 percent for rear 
admiral (lower half); 6.0 percent for cap-
tain; 15.0 percent for commander; and 
22.0 percent for lieutenant commander. 
‘‘(2) 
DISCRETIONARY.—The 
Secretary 
shall prescribe the percentages applicable 
to the grades of lieutenant, lieutenant 
(junior grade), and ensign. 
‘‘(3) AUTHORITY
OF
SECRETARY
TO
RE-
DUCE PERCENTAGE.—The Secretary— 
‘‘(A) may reduce, as the needs of 
the Coast Guard require, any of the 
percentages set forth in paragraph 
(1); and 
‘‘(B) shall apply that total percent-
age reduction to any other lower 
grade or combination of lower grades. 
‘‘(c) COMPUTATIONS.— 
‘‘(1) IN GENERAL.—The Secretary shall 
compute, at least once each year, the total 
number of commissioned officers author-
ized to serve in each grade by applying 
the grade distribution percentages estab-
lished by or under this section to the total 
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number of commissioned officers listed on 
the current active duty promotion list. 
‘‘(2) ROUNDING FRACTIONS.—Subject to 
subsection (a), in making the computa-
tions under paragraph (1), any fraction 
shall be rounded to the nearest whole 
number. 
‘‘(3) TREATMENT
OF
OFFICERS
SERVING 
OUTSIDE
COAST
GUARD.—The number of 
commissioned officers on the active duty 
promotion list below the rank of rear ad-
miral (lower half) serving with other Fed-
eral departments or agencies on a reim-
bursable basis or excluded under section 
324(d) of title 49 shall not be counted 
against the total number of commissioned 
officers authorized to serve in each grade. 
‘‘(d) USE
OF
NUMBERS; TEMPORARY
IN-
CREASES.—The numbers resulting from com-
putations under subsection (c) shall be, for all 
purposes, the authorized number in each 
grade; except that the authorized number for 
a grade is temporarily increased during the 
period between one computation and the next 
by the number of officers originally appointed 
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454 
in that grade during that period and the num-
ber of officers of that grade for whom vacan-
cies exist in the next higher grade but whose 
promotion has been delayed for any reason. 
‘‘(e) OFFICERS SERVING COAST GUARD ACAD-
EMY AND RESERVE.—The number of officers au-
thorized to be serving on active duty in each 
grade of the permanent commissioned teach-
ing staff of the Coast Guard Academy and of 
the Reserve serving in connection with orga-
nizing, administering, recruiting, instructing, 
or training the reserve components shall be 
prescribed by the Secretary.’’. 
(b) CLERICAL AMENDMENT.—The analysis 
for chapter 3 of such title is amended by strik-
ing the item relating to section 42 and insert-
ing the following: 
‘‘42. Number and distribution of commissioned officers on active 
duty promotion list.’’. 
SEC. 205. COAST GUARD PARTICIPATION IN THE ARMED 
FORCES RETIREMENT HOME (AFRH) SYSTEM. 
(a) IN
GENERAL.—Section 1502 of the 
Armed Forces Retirement Home Act of 1991 (24 
U.S.C. 401) is amended— 
(1) by striking paragraph (4); 
(2) in paragraph (5)— 
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(A) by striking ‘‘and’’ at the end of 
subparagraph (C); 
(B) by striking the period at the 
end of subparagraph (D) and insert-
ing ‘‘; and’’; and 
(C) by inserting at the end the fol-
lowing: 
‘‘(E) the Assistant Commandant of 
the Coast Guard for Human Re-
sources.’’; and 
(3) by adding at the end of paragraph 
(6) the following: 
‘‘(E) The Master Chief Petty Offi-
cer of the Coast Guard.’’. 
(b) CONFORMING AMENDMENTS.—(1) Section 
2772 of title 10, United States Code, is amend-
ed— 
(A) in subsection (a) by inserting ‘‘or, 
in the case of the Coast Guard, the Com-
mandant’’ after ‘‘concerned’’; and 
(B) by striking subsection (c). 
(2) Section 1007(i) of title 37, United States 
Code, is amended— 
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(A) in paragraph (3) by inserting ‘‘or, 
in the case of the Coast Guard, the Com-
mandant’’ after ‘‘Secretary of Defense’’; 
(B) by striking paragraph (4); and 
(C) by redesignating paragraph (5) as 
paragraph (4). 
SEC. 206. GRANTS TO INTERNATIONAL MARITIME ORGANI-
ZATIONS. 
Section 149 of title 14, United States Code, 
is amended by adding at the end the following: 
‘‘(c) GRANTS
TO INTERNATIONAL MARITIME 
ORGANIZATIONS.—After consultation with the 
Secretary of State, the Commandant may make 
grants to, or enter into cooperative agree-
ments, contracts, or other agreements with, 
international maritime organizations for the 
purpose of acquiring information or data 
about merchant vessel inspections, security, 
safety, classification, and port State or flag 
State law enforcement or oversight.’’. 
SEC. 207. EMERGENCY LEAVE RETENTION AUTHORITY. 
(a) IN GENERAL.—Chapter 11 of title 14, 
United States Code, is amended by inserting 
after section 425 the following: 
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‘‘§ 426. Emergency leave retention authority 
‘‘With regard to a member of the Coast 
Guard who serves on active duty, a duty as-
signment in support of a declaration of a 
major disaster or emergency by the President 
under the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 
et seq.) shall be treated, for the purpose of sec-
tion 701(f)(2) of title 10, a duty assignment in 
support of a contingency operation.’’. 
(b) CLERICAL AMENDMENT.—The analysis 
for such chapter is amended by inserting after 
the item relating to section 425 the following 
new item: 
‘‘426. Emergency leave retention authority.’’. 
SEC. 208. ENFORCEMENT AUTHORITY. 
(a) IN GENERAL.—Chapter 5 of title 14, 
United States Code, is amended by adding at 
the end the following: 
‘‘§ 99. Enforcement authority 
‘‘Subject to guidelines approved by the Sec-
retary, members of the Coast Guard, in the per-
formance of official duties, may— 
‘‘(1) carry a firearm; and 
‘‘(2) while at a facility (as defined in 
section 70101 of title 46)— 
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458 
‘‘(A) make an arrest without war-
rant for any offense against the 
United States committed in their pres-
ence; and 
‘‘(B) seize property as otherwise 
provided by law.’’. 
(b) CONFORMING REPEAL.—The first section 
added to title 46, United States Code, by the 
amendment made by subsection (a) of section 
801 of the Coast Guard and Maritime Trans-
portation Act of 2004 (118 Stat. 1078), and the 
item relating to such first section enacted by 
the amendment made by subsection (b) of such 
section 801, are repealed. 
(c) CLERICAL
AMENDMENT.—The analysis 
for such chapter is amended by adding at the 
end the following: 
‘‘99. Enforcement authority.’’. 
SEC. 209. REPEAL. 
Section 216 of title 14, United States Code, 
and the item relating to such section in the 
analysis for chapter 11 of such title, are re-
pealed. 
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SEC. 210. ADMIRALS AND VICE ADMIRALS. 
(a) VICE COMMANDANT.—Section 47 of title 
14, United States Code, is amended by striking 
‘‘vice admiral’’ and inserting ‘‘admiral’’. 
(b) VICE ADMIRALS.—Section 50 of title 14, 
United States Code, is amended to read as fol-
lows: 
‘‘§ 50. Vice admirals 
‘‘(a)(1) The President may designate 4 posi-
tions of importance and responsibility that 
shall be held by officers who— 
‘‘(A) while so serving, shall have the 
grade of vice admiral, with the pay and 
allowances of that grade; and 
‘‘(B) shall perform any duties as the 
Commandant may prescribe. 
‘‘(2) The 4 vice admiral positions author-
ized under paragraph (1) are, respectively, the 
following: 
‘‘(A) The Deputy Commandant for Mis-
sion Support. 
‘‘(B) The Deputy Commandant for Na-
tional Operations and Policy. 
‘‘(C) The Commander, Force Readiness 
Command. 
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‘‘(D) 
The 
Commander, 
Operations 
Command. 
‘‘(3) The President may appoint, by and 
with the advice and consent of the Senate, and 
reappoint, by and with the advice and consent 
of the Senate, to each of the positions des-
ignated under paragraph (1) an officer of the 
Coast Guard who is serving on active duty 
above the grade of captain. The Commandant 
shall make recommendations for those ap-
pointments. 
‘‘(b)(1) The appointment and the grade of 
vice admiral under this section shall be effec-
tive on the date the officer assumes that duty 
and, except as provided in paragraph (2) of 
this subsection or in section 51(d) of this title, 
shall terminate on the date the officer is de-
tached from that duty. 
‘‘(2) An officer who is appointed to a posi-
tion designated under subsection (a) shall con-
tinue to hold the grade of vice admiral— 
‘‘(A) while under orders transferring 
the officer to another position designated 
under subsection (a), beginning on the 
date the officer is detached from duty and 
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461 
terminating on the date before the day the 
officer assumes the subsequent duty, but 
not for more than 60 days; 
‘‘(B) while hospitalized, beginning on 
the day of the hospitalization and ending 
on the day the officer is discharged from 
the hospital, but not for more than 180 
days; and 
‘‘(C) while awaiting retirement, begin-
ning on the date the officer is detached 
from duty and ending on the day before 
the officer’s retirement, but not for more 
than 60 days. 
‘‘(c)(1) An appointment of an officer under 
subsection (a) does not vacate the permanent 
grade held by the officer. 
‘‘(2) An officer serving in a grade above 
rear admiral who holds the permanent grade 
of rear admiral (lower half) shall be consid-
ered for promotion to the permanent grade of 
rear admiral as if the officer was serving in 
the officer’s permanent grade. 
‘‘(d) Whenever a vacancy occurs in a posi-
tion designated under subsection (a), the Com-
mandant shall inform the President of the 
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462 
qualifications needed by an officer serving in 
that position to carry out effectively the duties 
and responsibilities of that position.’’. 
(c) REPEAL.—Section 50a of title 14, United 
States Code, is repealed. 
(d) 
CONFORMING
AMENDMENT.—Section 
51(d)(2) of that title is amended by striking 
‘‘Area Commander, or Chief of Staff’’ and in-
serting ‘‘or Vice Admirals’’. 
(e) CLERICAL AMENDMENTS.— 
(1) The heading for section 47 of that 
title is amended by striking ‘‘assignment’’ 
and inserting ‘‘appointment’’. 
(2) The table of sections at the begin-
ning of chapter 3 of that title is amend-
ed— 
(A) by striking the item relating to 
section 47 and inserting the following: 
‘‘47. Vice Commandant; appointment.’’; 
(B) by striking the item relating to 
section 50 and inserting the following: 
‘‘50. Vice admirals.’’; 
and 
(C) by striking the item relating to 
section 50a. 
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463 
(f) TECHNICAL CORRECTION.—Section 47 of 
that title is further amended in the fifth sen-
tence by striking ‘‘subsection’’ and inserting 
‘‘section’’. 
SEC. 211. MERCHANT MARINER MEDICAL ADVISORY COM-
MITTEE. 
(a) IN GENERAL.—Chapter 71 of title 46, 
United States Code, is amended by adding at 
the end the following new section: 
‘‘§ 7115. Merchant Mariner Medical Advisory Com-
mittee 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—There is established 
a Merchant Mariner Medical Advisory 
Committee (in this section referred to as 
the ‘Committee’). 
‘‘(2) FUNCTIONS.—The Committee shall 
advise the Secretary on matters relating 
to— 
‘‘(A) medical certification deter-
minations for issuance of merchant 
mariner credentials; 
‘‘(B) medical standards and guide-
lines for the physical qualifications of 
operators of commercial vessels; 
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464 
‘‘(C) medical examiner education; 
and 
‘‘(D) medical research. 
‘‘(b) MEMBERSHIP.— 
‘‘(1) IN GENERAL.—The Committee shall 
consist of twelve members, none of whom 
is a Federal employee, and shall include— 
‘‘(A) ten who are health-care pro-
fessionals with particular expertise, 
knowledge, or experience regarding 
the medical examinations of merchant 
mariners or occupational medicine; 
and 
‘‘(B) two who are professional 
mariners with knowledge and experi-
ence in mariner occupational require-
ments. 
‘‘(2) STATUS OF MEMBERS.—Members of 
the Committee shall not be considered 
Federal employees or otherwise in the 
service or the employment of the Federal 
Government, except that members shall be 
considered special Government employees, 
as defined in section 202(a) of title 18, 
United States Code, and shall be subject 
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465 
to any administrative standards of con-
duct applicable to the employees of the de-
partment in which the Coast Guard is op-
erating. 
‘‘(c) APPOINTMENTS; TERMS; VACANCIES.— 
‘‘(1) 
APPOINTMENTS.—The 
Secretary 
shall appoint the members of the Com-
mittee, and each member shall serve at 
the pleasure of the Secretary. 
‘‘(2) TERMS.—Each member shall be 
appointed for a term of three years, except 
that, of the members first appointed, three 
members shall be appointed for a term of 
two years and three members shall be ap-
pointed for a term of one year. 
‘‘(3) 
VACANCIES.—Any 
member 
ap-
pointed to fill the vacancy prior to the ex-
piration of the term for which that mem-
ber’s predecessor was appointed shall be 
appointed for the remainder of that term. 
‘‘(d) CHAIRMAN AND VICE CHAIRMAN.—The 
Secretary shall designate one member of the 
Committee as the Chairman and one member 
as the Vice Chairman. The Vice Chairman 
shall act as Chairman in the absence or inca-
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466 
pacity of, or in the event of a vacancy in the 
office of, the Chairman. 
‘‘(e) 
COMPENSATION; 
REIMBURSEMENT.— 
Members of the Committee shall serve without 
compensation, except that, while engaged in 
the performance of duties away from their 
homes or regular places of business of the 
member, the member of the Committee may be 
allowed travel expenses, including per diem in 
lieu of subsistence, as authorized by section 
5703 of title 5. 
‘‘(f) STAFF; SERVICES.—The Secretary shall 
furnish to the Committee the personnel and 
services as are considered necessary for the 
conduct of its business.’’. 
(b) FIRST
MEETING.—No later than six 
months after the date of enactment of this Act, 
the Merchant Mariner Medical Advisory Com-
mittee established by the amendment made by 
this section shall hold its first meeting. 
(c) CLERICAL
AMENDMENT.—The analysis 
for chapter 71 of that title is amended by add-
ing at the end the following: 
‘‘7115. Merchant Mariner Medical Advisory Committee.’’. 
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467 
SEC. 212. RESERVE COMMISSIONED WARRANT OFFICER TO 
LIEUTENANT PROGRAM. 
Section 214(a) of title 14, United States 
Code, is amended to read as follows: 
‘‘(a) The president may appoint temporary 
commissioned officers— 
‘‘(1) in the Regular Coast Guard in a 
grade, not above lieutenant, appropriate 
to their qualifications, experience, and 
length of service, as the needs of the Coast 
Guard may require, from among the com-
missioned warrant officers, warrant offi-
cers, and enlisted members of the Coast 
Guard, and from holders of licenses 
issued under chapter 71 of title 46; and 
‘‘(2) in the Coast Guard Reserve in a 
grade, not above lieutenant, appropriate 
to their qualifications, experience, and 
length of service, as the needs of the Coast 
Guard may require, from among the com-
missioned warrant officers of the Coast 
Guard Reserve.’’. 
SEC. 213. ENHANCED STATUS QUO OFFICER PROMOTION 
SYSTEM. 
Chapter 11 of title 14, United States Code, 
is amended— 
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(1) in section 253(a)— 
(A) by inserting ‘‘and’’ after ‘‘con-
sidered,’’; and 
(B) by striking ‘‘, and the number 
of officers the board may recommend 
for promotion’’; 
(2) in section 258— 
(A) by inserting ‘‘(a) IN GENERAL.— 
’’ before the existing text; 
(B) in subsection (a) (as so des-
ignated) by striking the colon at the 
end of the material preceding para-
graph (1) and inserting ‘‘—’’; and 
(C) by adding at the end the fol-
lowing: 
‘‘(b) PROVISION
OF DIRECTION
AND GUID-
ANCE.— 
‘‘(1) In addition to the information 
provided pursuant to subsection (a), the 
Secretary 
may 
furnish 
the 
selection 
board— 
‘‘(A) specific direction relating to 
the needs of the Coast Guard for offi-
cers having particular skills, includ-
ing direction relating to the need for a 
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minimum number of officers with par-
ticular skills within a specialty; and 
‘‘(B) any other guidance that the 
Secretary believes may be necessary to 
enable the board to properly perform 
its functions. 
‘‘(2) Selections made based on the di-
rection and guidance provided under this 
subsection shall not exceed the maximum 
percentage of officers who may be selected 
from below the announced promotion zone 
at any given selection board convened 
under section 251 of this title.’’; 
(3) in section 259(a), by inserting after 
‘‘whom the board’’ the following: ‘‘, giving 
due consideration to the needs of the 
Coast Guard for officers with particular 
skills so noted in specific direction fur-
nished to the board by the Secretary 
under section 258 of this title,’’; and 
(4) in section 260(b), by inserting after 
‘‘qualified for promotion’’ the following: 
‘‘to meet the needs of the service (as noted 
in specific direction furnished the board 
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by the Secretary under section 258 of this 
title)’’. 
SEC. 214. LASER TRAINING SYSTEM. 
(a) IN GENERAL.—Within one year after the 
date of enactment of this Act, the Secretary of 
the department in which the Coast Guard 
shall test an integrated laser engagement sys-
tem for the training of members of the Coast 
Guard assigned to small vessels in the use of 
individual weapons and machine guns on 
those vessels. The test shall be conducted on 
vessels on the Great Lakes using similar laser 
equipment used by other Federal agencies. 
However, that equipment shall be adapted for 
use in the marine environment. 
(b) REPORT.—The Secretary shall submit a 
report to Congress within 6 months after the 
conclusions of the test required under sub-
section (a) on the costs and benefits of using 
the system regionally and nationwide to train 
members of the Coast Guard in the use of indi-
vidual weapons and machine guns. 
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471 
SEC. 215. COAST GUARD VESSELS AND AIRCRAFT. 
(a) AUTHORITY TO FIRE AT OR INTO A VES-
SEL.—Section 637(c) of title 14, United States 
Code, is amended— 
(1) in paragraph (1), by striking ‘‘; or’’ 
and inserting a semicolon; 
(2) in paragraph (2), by striking the 
period at the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(3) any other vessel or aircraft owned 
by a government and used for noncommer-
cial service when— 
‘‘(A) the vessel or aircraft is under 
the tactical control of the Coast 
Guard; and 
‘‘(B) at least one member of the 
Coast Guard is assigned and con-
ducting a Coast Guard mission on the 
vessel or aircraft.’’. 
(b) AUTHORITY TO DISPLAY COAST GUARD 
ENSIGNS AND PENNANTS.—Section 638(a) of title 
14, United States Code, is amended by striking 
‘‘Coast Guard vessels and aircraft’’ and insert-
ing ‘‘Vessels and aircraft authorized by the 
Secretary’’. 
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472 
SEC. 216. COAST GUARD DISTRICT OMBUDSMEN. 
(a) IN GENERAL.—Chapter 3 of title 14, 
United States Code, is amended by adding at 
the end the following new section: 
‘‘§ 55. District Ombudsmen 
‘‘(a) IN GENERAL.—The Commandant may 
appoint in each Coast Guard District a Dis-
trict Ombudsman to serve as a liaison between 
representatives of port stakeholders, including 
the Area Maritime Security Advisory Commit-
tees required by section 70112 of title 46 and 
the Coast Guard. 
‘‘(b) PURPOSES.—The purposes of the Dis-
trict Ombudsman shall be the following: 
‘‘(1) To support the operations of the 
Coast Guard in each port in the District 
for which the District Ombudsman is ap-
pointed. 
‘‘(2) To improve communications be-
tween and among port stakeholders in-
cluding, but not limited to, port and ter-
minal operators, ship owners, labor rep-
resentatives, and the Coast Guard. 
‘‘(3) To ensure timely resolution of dis-
putes between the Coast Guard and all pe-
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titioners regarding requirements imposed 
or services provided by the Coast Guard. 
‘‘(c) FUNCTIONS.— 
‘‘(1) 
INVESTIGATIONS.—The 
District 
Ombudsman may investigate complaints 
brought to the attention of the District 
Ombudsman by a petitioner operating in 
a port provided such a complaint is not 
the subject of an administrative, civil, or 
criminal investigation or other legal pro-
ceeding and provided the District Om-
budsman receives no benefit, either direct 
or indirect, from the outcome of the com-
plaint. 
‘‘(2) GUIDELINES FOR DISPUTES.— 
‘‘(A) 
IN
GENERAL.—The 
Com-
mandant of the Coast Guard shall de-
velop guidelines regarding disputes 
with respect to which the District Om-
budsman will provide assistance. 
‘‘(B) LIMITATION.—The District Om-
budsman shall not provide assistance 
with respect to a dispute if such a dis-
pute is the subject of an administra-
tive, civil, or criminal investigation or 
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other legal proceeding or if the Dis-
trict Ombudsman receives a benefit, 
either direct or indirect, from the out-
come of the dispute. 
‘‘(C) PRIORITY.—In providing such 
assistance, the District Ombudsman 
shall 
give 
priority 
to 
complaints 
brought by petitioners who will suffer 
a significant hardship as the result of 
implementing a Coast Guard require-
ment or being denied a Coast Guard 
service. 
‘‘(3) CONSULTATION.—The District Om-
budsman may consult with any Coast 
Guard personnel who can aid in the in-
vestigation of a complaint provided such 
persons are reasonably available. 
‘‘(4) ACCESS
TO
INFORMATION.—Unless 
otherwise prohibited by law or regulation, 
the District Ombudsman shall have access 
to any document, including any record or 
report, that will aid the District Ombuds-
man in obtaining the information needed 
to conduct an investigation of a compli-
ant. 
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‘‘(5) REPORTS.—At the conclusion of an 
investigation, the District Ombudsman 
shall submit a report on the findings and 
recommendations of the District Ombuds-
man, to the Commander of the District in 
which the petitioner who brought the com-
plaint is located or operating. 
‘‘(6) DEADLINE.—The District Ombuds-
man shall seek to resolve each complaint 
brought in accordance with the guide-
lines— 
‘‘(A) in a timely fashion; and 
‘‘(B) to the maximum extent prac-
ticable, not later than 4 months after 
the complaint is officially accepted by 
the District Ombudsman. 
‘‘(d) 
APPOINTMENT.—The 
Commandant 
shall appoint as the District Ombudsman an 
appropriately cleared civilian who has experi-
ence in port and transportation systems and 
knowledge of port operations or of maritime 
commerce (or both). 
‘‘(e) ANNUAL REPORTS.—The Secretary shall 
report annually to the Committees on Home-
land Security and Transportation and Infra-
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476 
structure of the House of Representatives and 
the Committee on Commerce, Science, and 
Transportation of the Senate on the matters 
brought before the District Ombudsmen, in-
cluding— 
‘‘(1) the number of matters brought be-
fore each District Ombudsman; 
‘‘(2) a brief summary of each such 
matter; and 
‘‘(3) the eventual resolution of each 
such matter.’’. 
(b) CLERICAL AMENDMENT.—The analysis at 
the beginning of such chapter is amended by 
adding at the end the following new item: 
‘‘55. District Ombudsmen.’’. 
TITLE III—SHIPPING AND 
NAVIGATION 
SEC. 301. VESSEL SIZE LIMITS. 
(a) LENGTH, TONNAGE, AND HORSEPOWER.— 
Section 12113(d)(2) of title 46, United States 
Code, is amended— 
(1) by inserting ‘‘and’’ after the semi-
colon at the end of subparagraph (A)(i); 
(2) by striking ‘‘and’’ at the end of sub-
paragraph (A)(ii); 
(3) by striking subparagraph (A)(iii); 
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477 
(4) by striking the period at the end of 
subparagraph (B) and inserting ‘‘; or’’; 
and 
(5) by inserting at the end the fol-
lowing: 
‘‘(C) the vessel is either a rebuilt 
vessel or a replacement vessel under 
section 208(g) of the American Fish-
eries Act (title II of division C of Pub-
lic Law 105–277; 112 Stat. 2681–627) 
and is eligible for a fishery endorse-
ment under this section.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) VESSEL
REBUILDING
AND
REPLACE-
MENT.—Section 208(g) of the American 
Fisheries Act (title II of division C of Pub-
lic Law 105–277; 112 Stat. 2681–627) is 
amended to read as follows: 
‘‘(g) VESSEL
REBUILDING
AND
REPLACE-
MENT.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REBUILD
OR
REPLACE.—Not-
withstanding any limitation to the 
contrary on replacing, rebuilding, or 
lengthening vessels or transferring 
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478 
permits or licenses to a replacement 
vessel contained in sections 679.2 and 
679.4 of title 50, Code of Federal Regu-
lations, as in effect on the date of en-
actment of the Coast Guard Author-
ization Act of 2007 and except as pro-
vided in paragraph (4), the owner of a 
vessel eligible under subsection (a), 
(b), (c), (d), or (e) (other than para-
graph (21)), in order to improve vessel 
safety and operational efficiencies (in-
cluding fuel efficiency), may rebuild 
or replace that vessel (including fuel 
efficiency) with a vessel documented 
with a fishery endorsement under sec-
tion 12113 of title 46, United States 
Code. 
‘‘(B) SAME REQUIREMENTS.—The re-
built or replacement vessel shall be el-
igible in the same manner and subject 
to the same restrictions and limita-
tions under such subsection as the ves-
sel being rebuilt or replaced. 
‘‘(C) TRANSFER OF PERMITS AND LI-
CENSES.—Each fishing permit and li-
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479 
cense held by the owner of a vessel or 
vessels to be rebuilt or replaced under 
subparagraph (A) shall be transferred 
to the rebuilt or replacement vessel. 
‘‘(2) RECOMMENDATIONS
OF
NORTH
PA-
CIFIC COUNCIL.—The North Pacific Council 
may recommend for approval by the Sec-
retary such conservation and manage-
ment measures, including size limits and 
measures to control fishing capacity, in 
accordance with the Magnuson-Stevens 
Act as it considers necessary to ensure 
that this subsection does not diminish the 
effectiveness of fishery management plans 
of the Bering Sea and Aleutian Islands 
Management Area or the Gulf of Alaska. 
‘‘(3) SPECIAL RULE FOR REPLACEMENT OF 
CERTAIN VESSELS.— 
‘‘(A) 
IN
GENERAL.—Notwith-
standing the requirements of sub-
sections (b)(2), (c)(1), and (c)(2) of sec-
tion 12113 of title 46, United States 
Code, a vessel that is eligible under 
subsection (a), (b), (c), (d), or (e) 
(other than paragraph (21)) and that 
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480 
qualifies to be documented with a 
fishery endorsement pursuant to sec-
tion 203(g) or 213(g) may be replaced 
with a replacement vessel under para-
graph (1) if the vessel that is replaced 
is validly documented with a fishery 
endorsement 
pursuant 
to 
section 
203(g) or 213(g) before the replace-
ment vessel is documented with a fish-
ery endorsement under section 12113 
of title 46, United States Code. 
‘‘(B) 
APPLICABILITY.—A 
replace-
ment vessel under subparagraph (A) 
and its owner and mortgagee are sub-
ject to the same limitations under sec-
tion 203(g) or 213(g) that are applica-
ble to the vessel that has been re-
placed and its owner and mortgagee. 
‘‘(4) SPECIAL RULES FOR CERTAIN CATCH-
ER VESSELS.— 
‘‘(A) IN
GENERAL.—A replacement 
for a covered vessel described in sub-
paragraph (B) is prohibited from har-
vesting fish in any fishery (except for 
the Pacific whiting fishery) managed 
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481 
under the authority of any regional 
fishery management council (other 
than the North Pacific Council) estab-
lished under section 302(a) of the 
Magnuson-Stevens Act. 
‘‘(B) COVERED VESSELS.—A covered 
vessel referred to in subparagraph (A) 
is— 
‘‘(i) a vessel eligible under sub-
section (a), (b), or (c) that is re-
placed under paragraph (1); or 
‘‘(ii) a vessel eligible under 
subsection (a), (b), or (c) that is 
rebuilt to increase its registered 
length, gross tonnage, or shaft 
horsepower. 
‘‘(5) LIMITATION ON FISHERY ENDORSE-
MENTS.—Any vessel that is replaced under 
this subsection shall thereafter not be eli-
gible for a fishery endorsement under sec-
tion 12113 of title 46, United States Code, 
unless that vessel is also a replacement 
vessel described in paragraph (1). 
‘‘(6) GULF OF ALASKA LIMITATION.—Not-
withstanding paragraph (1), the Sec-
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482 
retary shall prohibit from participation 
in the groundfish fisheries of the Gulf of 
Alaska any vessel that is rebuilt or re-
placed under this subsection and that ex-
ceeds the maximum length overall speci-
fied on the license that authorizes fishing 
for groundfish pursuant to the license 
limitation program under part 679 of title 
50, Code of Federal Regulations, as in ef-
fect on the date of enactment of the Coast 
Guard Authorization Act of 2007. 
‘‘(7) AUTHORITY OF PACIFIC COUNCIL.— 
Nothing in this section shall be construed 
to diminish or otherwise affect the author-
ity of the Pacific Council to recommend to 
the Secretary conservation and manage-
ment measures to protect fisheries under 
its jurisdiction (including the Pacific 
whiting fishery) and participants in such 
fisheries from adverse impacts caused by 
this Act.’’. 
(2) EXEMPTION OF CERTAIN VESSELS.— 
Section 203(g) of the American Fisheries 
Act (title II of division C of Public Law 
105–277; 112 Stat. 2681–620) is amended— 
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483 
(A) 
by 
inserting 
‘‘and’’ 
after 
‘‘(United 
States 
official 
number 
651041)’’; 
(B) by striking ‘‘, NORTHERN 
TRAVELER (United States official 
number 
635986), 
and 
NORTHERN 
VOYAGER 
(United 
States 
official 
number 637398) (or a replacement ves-
sel for the NORTHERN VOYAGER 
that complies with paragraphs (2), 
(5), and (6) of section 208(g) of this 
Act)’’; and 
(C) by striking ‘‘, in the case of the 
NORTHERN’’ and all that follows 
through ‘‘PHOENIX,’’. 
(3) FISHERY
COOPERATIVE
EXIT
PROVI-
SIONS.—Section 210(b) of the American 
Fisheries Act (title II of division C of Pub-
lic Law 105–277; 112 Stat. 2681–629) is 
amended— 
(A) by moving the matter begin-
ning with ‘‘the Secretary shall’’ in 
paragraph (1) 2 ems to the right; 
(B) by adding at the end the fol-
lowing: 
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484 
‘‘(7) FISHERY COOPERATIVE EXIT PROVI-
SIONS.— 
‘‘(A) FISHING
ALLOWANCE
DETER-
MINATION.—For 
purposes 
of 
deter-
mining the aggregate percentage of 
directed 
fishing 
allowances 
under 
paragraph (1), when a catcher vessel 
is removed from the directed pollock 
fishery, the fishery allowance for pol-
lock for the vessel being removed— 
‘‘(i) shall be based on the 
catch history determination for 
the vessel made pursuant to sec-
tion 679.62 of title 50, Code of Fed-
eral Regulations, as in effect on 
the date of enactment of the Coast 
Guard Authorization Act of 2007; 
and 
‘‘(ii) shall be assigned, for all 
purposes under this title, in the 
manner specified by the owner of 
the vessel being removed to any 
other catcher vessel or among 
other catcher vessels participating 
in the fishery cooperative if such 
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485 
vessel or vessels remain in the 
fishery cooperative for at least one 
year after the date on which the 
vessel being removed leaves the di-
rected pollock fishery. 
‘‘(B) ELIGIBILITY
FOR
FISHERY
EN-
DORSEMENT.—Except as provided in 
subparagraph (C), a vessel that is re-
moved pursuant to this paragraph 
shall be permanently ineligible for a 
fishery endorsement, and any claim 
(including relating to catch history) 
associated with such vessel that could 
qualify any owner of such vessel for 
any permit to participate in any fish-
ery within the exclusive economic zone 
of the United States shall be extin-
guished, unless such removed vessel is 
thereafter designated to replace a ves-
sel to be removed pursuant to this 
paragraph. 
‘‘(C) LIMITATIONS
ON
STATUTORY 
CONSTRUCTION.—Nothing in this para-
graph shall be construed— 
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486 
‘‘(i) to make the vessels AJ 
(United States official number 
905625), DONA MARTITA (United 
States official number 651751), 
NORDIC 
EXPLORER 
(United 
States official number 678234), 
and PROVIDIAN (United States 
official number 1062183) ineligible 
for a fishery endorsement or any 
permit necessary to participate in 
any fishery under the authority of 
the New England Fishery Manage-
ment Council or the Mid-Atlantic 
Fishery Management Council es-
tablished, respectively, under sub-
paragraphs (A) and (B) of section 
302(a)(1) of the Magnuson-Stevens 
Act; or 
‘‘(ii) to allow the vessels re-
ferred to in clause (i) to partici-
pate in any fishery under the au-
thority of the Councils referred to 
in clause (i) in any manner that is 
not consistent with the fishery 
management plan for the fishery 
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487 
developed by the Councils under 
section 303 of the Magnuson-Ste-
vens Act.’’. 
SEC. 302. GOODS AND SERVICES. 
Section 4(b) of the Act of July 5, 1884, com-
monly known as the Rivers and Harbors Ap-
propriation Act of 1884 (33 U.S.C. 5(b)), is 
amended— 
(1) by striking ‘‘or’’ at the end of para-
graph (2)(C); 
(2) by striking the period at the end of 
paragraph (3) and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(4) sales taxes on goods and services 
provided to or by vessels or watercraft 
(other than vessels or watercraft pri-
marily engaged in foreign commerce).’’. 
SEC. 303. SEAWARD EXTENSION OF ANCHORAGE GROUNDS 
JURISDICTION. 
Section 7 of the Rivers and Harbors Appro-
priations Act of 1915 (33 U.S.C. 471) is amend-
ed— 
(1) by striking ‘‘That the’’ and insert-
ing the following: 
‘‘(a) IN GENERAL.—The’’. 
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488 
(2) in subsection (a) (as designated by 
paragraph (1)) by striking ‘‘$100; and the’’ 
and inserting ‘‘up to $10,000. Each day 
during which a violation continues shall 
constitute a separate violation. The’’; 
(3) by adding at the end the following: 
‘‘(b) DEFINITION.—As used in this section 
‘navigable waters of the United States’ in-
cludes all waters of the territorial sea of the 
United States as described in Presidential 
Proclamation No. 5928 of December 27, 1988.’’. 
SEC. 304. MARITIME DRUG LAW ENFORCEMENT ACT AMEND-
MENT-SIMPLE POSSESSION. 
Section 70506 of title 46, United States 
Code, is amended by adding at the end the fol-
lowing: 
‘‘(c) SIMPLE POSSESSION.— 
‘‘(1) IN GENERAL.—Any individual on a 
vessel subject to the jurisdiction of the 
United States who is found by the Sec-
retary, after notice and an opportunity for 
a hearing, to have knowingly or inten-
tionally possessed a controlled substance 
within the meaning of the Controlled Sub-
stances Act (21 U.S.C. 812) shall be liable 
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