222 
or constructed to carry ballast water that are 
transiting waters subject to the jurisdiction of 
the United States; and 
‘‘(B) recommendations, including legisla-
tive recommendations if appropriate, of options 
for addressing ballast water operations of those 
vessels.’’. 
(b) DEFINITIONS.—Section 1003 of the Nonindige-
nous Aquatic Nuisance Prevention and Control Act of 
1990 (16 U.S.C. 4702) is amended— 
(1) by redesignating— 
(A) paragraphs (1), (2), and (3) as para-
graphs (2), (3), and (4), respectively; 
(B) paragraphs (4), (5), and (6) as para-
graphs (8), (9), and (10), respectively; 
(C) paragraphs (7), (8), (9), and (10) as 
paragraphs (12), (13), (14), and (15), respec-
tively; 
(D) paragraphs (11) and (12) as para-
graphs (17) and (18), respectively; 
(E) paragraphs (13), (14), and (15) as 
paragraphs (20), (21), and (22), respectively; 
(F) paragraph (16) as paragraph (27); and 
(G) paragraph (17) as paragraph (23);
223 
(2) by moving paragraph (23), as so redesig-
nated, after paragraph (22), as so redesignated; 
(3) by inserting before paragraph (2), as so re-
designated, the following: 
‘‘(1) ‘Administrator’ means the Administrator 
of the Environmental Protection Agency;’’; 
(4) by striking paragraph (4), as so redesig-
nated, and inserting the following: 
‘‘(4) ‘ballast water’ means— 
‘‘(A) water taken on board a vessel to con-
trol trim, list, draught, stability, or stresses of 
the vessel, including matter suspended in such 
water; or 
‘‘(B) any water placed into a ballast tank 
during cleaning, maintenance, or other oper-
ations;’’; 
(5) by inserting after paragraph (4), as so re-
designated and amended, the following: 
‘‘(5) ‘ballast water capacity’ means the total 
volumetric capacity of any tanks, spaces, or com-
partments on a vessel that is used for carrying, load-
ing, or discharging ballast water, including any 
multi-use tank, space, or compartment designed to 
allow carriage of ballast water;
224 
‘‘(6) ‘ballast water management’ means me-
chanical, physical, chemical, and biological processes 
used, either singularly or in combination, to remove, 
render harmless, or avoid the uptake or discharge of 
harmful aquatic organisms and pathogens within 
ballast water and sediment; 
‘‘(7) ‘constructed’ means a state of construction 
of a vessel at which— 
‘‘(A) the keel is laid; 
‘‘(B) construction identifiable with the spe-
cific vessel begins; 
‘‘(C) assembly of the vessel has begun 
comprising at least 50 tons or 1 percent of the 
estimated mass of all structural material of the 
vessel, whichever is less; or 
‘‘(D) the vessel undergoes a major conver-
sion;’’; 
(6) by inserting after paragraph (10), as so re-
designated, the following: 
‘‘(11) ‘foreign vessel’ has the meaning such 
term has under section 110 of title 46, United 
States Code;’’; 
(7) by inserting after paragraph (15), as so re-
designated, the following:
225 
‘‘(16) ‘major conversion’ means a conversion of 
a vessel, that— 
‘‘(A) changes its ballast water carrying ca-
pacity by at least 15 percent; 
‘‘(B) changes the vessel class; 
‘‘(C) is projected to prolong the vessel’s life 
by at least 10 years (as determined by the Sec-
retary); or 
‘‘(D) results in modifications to the vessel’s 
ballast water system, except— 
‘‘(i) component replacement-in-kind; 
or 
‘‘(ii) conversion of a vessel to meet the 
requirements of section 1101(e);’’; 
(8) by inserting after paragraph (18), as so re-
designated, the following: 
‘‘(19) ‘sediment’ means matter that has settled 
out of ballast water within a vessel;’’; 
(9) in paragraph (12), as so redesignated, by 
striking the period at the end and inserting a semi-
colon; 
(10) by inserting after paragraph (23), as so 
redesignated and moved, the following: 
‘‘(24) ‘United States port’ means a port, river, 
harbor, or offshore terminal under the jurisdiction of
226 
the United States, including ports located in Puerto 
Rico, Guam, and the United States Virgin Islands; 
‘‘(25) ‘vessel of the Armed Forces’ means— 
‘‘(A) any vessel owned or operated by the 
Department of Defense, other than a time or 
voyage chartered vessel; and 
‘‘(B) any vessel owned or operated by the 
Department of Homeland Security that is des-
ignated by the Secretary as a vessel equivalent 
to a vessel described in subparagraph (A); 
‘‘(26) ‘vessel of the United States’ has the 
meaning such term has under section 116 of title 
46, United States Code;’’; and 
(11) in paragraph (23), as so redesignated, by 
striking the period at the end and inserting ‘‘;’’. 
(c) REPEAL OF SECTION 1103.—Section 1103 of the 
Nonindigenous Aquatic Nuisance Prevention and Control 
Act of 1990 (16 U.S.C. 4713) is repealed. 
(d) INTERIM FINAL RULE.—The Secretary shall 
issue an interim final rule as a temporary regulation im-
plementing the amendments made by this section as soon 
as practicable after the date of enactment of this section, 
without regard to the provisions of chapter 5 of title 5, 
United States Code. All regulations issued under the au-
thority of this subsection that are not earlier superseded
227 
by final regulations shall expire not later than one year 
after the date of enactment of this Act. 
SEC. 504. NATIONAL BALLAST WATER MANAGEMENT IN-
FORMATION. 
Section 1102 (16 U.S.C. 4712) is amended— 
(1) by adding at the end the following: 
‘‘(g) BALLAST WATER SURVEYS.— 
‘‘(1) IN GENERAL.—The Secretary shall con-
duct the following ballast water surveys: 
‘‘(A) A survey of the number of living or-
ganisms in untreated ballast water of a rep-
resentative number of vessels, as determined by 
the Secretary. 
‘‘(B) A survey of the number of living or-
ganisms in the ballast water of a representative 
number of vessels, as determined by the Sec-
retary, that has been exchanged on the high 
seas. 
‘‘(C) Surveys of the number of living orga-
nisms in the ballast water of vessels that are 
participating in a program to test and evaluate 
promising ballast water treatment, as approved 
by the Secretary. 
‘‘(2) REPORTS.—The Secretary shall submit to 
the Committee on Transportation and Infrastructure
228 
of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the 
Senate— 
‘‘(A) a report on the results of the surveys 
under subparagraphs (A) and (B) of paragraph 
(1) by not later than 18 months after the date 
of enactment of the Ballast Water Treatment 
Act of 2008; and 
‘‘(B) a report on the results of the surveys 
required under subparagraph (C) of paragraph 
(1) upon completion of each demonstration con-
cerned.’’; 
(2) in subsection (b)(1)(B)(ii), by striking 
‘‘guidelines issued and’’; 
(3) in subsection (b)(2)(B)(ii), by striking ‘‘vol-
untary guidelines issued, and regulations promul-
gated,’’ and inserting ‘‘regulations promulgated’’; 
(4) in subsection (c)(1), by striking ‘‘section 
1101(b)’’ and inserting ‘‘section 1101(a)’’; and 
(5) in subsection (f)(1)(B), by striking ‘‘guide-
lines issued pursuant to section 1101(c)’’ and insert-
ing ‘‘regulations issued pursuant to section 1101’’. 
SEC. 505. BALLAST WATER MANAGEMENT EVALUATION 
AND DEMONSTRATION PROGRAM. 
Section 1104 (16 U.S.C. 4714) is amended—
229 
(1) by striking the section heading and insert-
ing the following: 
‘‘SEC. 1104. BALLAST WATER TREATMENT TECHNOLOGY 
EVALUATION 
AND 
DEMONSTRATION 
PRO-
GRAMS.’’; 
(2) by striking subsection (a); 
(3) by redesignating subsection (b) as sub-
section (a); 
(4) by redesignating subsection (c) as sub-
section (d); 
(5) in subsection (a), as so redesignated— 
(A) by striking so much as precedes para-
graph (2) and inserting the following: 
‘‘(a) SHIPBOARD TECHNOLOGY EVALUATION PRO-
GRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a Shipboard Technology Evaluation Program to 
evaluate ballast water treatment technologies aboard 
vessels to prevent aquatic nuisance species from 
being introduced into and spread through discharges 
of ballast water in waters of the United States.’’; 
and 
(B) in paragraph (2) by striking ‘‘of the 
technologies and practices used in the dem-
onstration program’’ and inserting ‘‘of ballast
230 
water treatment technologies used in the pro-
gram’’; 
(6) in subsection (a)(3), as so redesignated, by 
striking ‘‘technologies and practices’’ and all that 
follows through ‘‘shall—’’ and inserting ‘‘ballast 
water treatment technologies on vessels under this 
subsection, the Secretary shall—’’; 
(7) in subsection (a)(3)(A), as so redesignated, 
by striking clause (i) and redesignating clauses (ii) 
and (iii) in order as clauses (i) and (ii); 
(8) by amending subsection (a)(3)(A)(i), as so 
redesignated, to read as follows: 
‘‘(i) have ballast water systems condu-
cive to testing aboard the vessel; and’’; 
(9) by amending subsection (a)(3)(C), as so re-
designated, to read as follows: 
‘‘(C) seek to use a variety of vessel types.’’; 
(10) by amending subsection (a)(4), as so re-
designated, to read as follows: 
‘‘(4) SELECTION OF BALLAST WATER TREAT-
MENT TECHNOLOGIES.—In order for a ballast water 
treatment technology to be eligible to be installed on 
vessels for evaluation under this section, such tech-
nology must be, at a minimum—
231 
‘‘(A) determined by the Secretary to have 
the demonstrated potential to reduce the num-
ber of organisms greater than or equal to 50 
microns in minimum dimension in discharged 
ballast water to fewer than 10 living organisms 
per cubic meter of water; 
‘‘(B) cost-effective; 
‘‘(C) environmentally sound; 
‘‘(D) operationally practical; 
‘‘(E) able to be retrofitted on existing ves-
sels or incorporated in new vessel design (or 
both); 
‘‘(F) safe for a vessel and crew; and 
‘‘(G) accessible to monitoring.’’; 
(11) in subsection (a), as so redesignated, by 
adding at the end the following: 
‘‘(6) AUTHORITY
OF
SECRETARY
TO
REVIEW 
AND REVISE CRITERIA.—The Secretary may review 
and revise the criteria described in paragraph (4)(A) 
to require ballast water treatment technologies to 
meet a more stringent ballast water discharge stand-
ard, including standards promulgated under section 
1101(f), before being eligible for installation aboard 
vessels under the program.’’;
232 
(12) by inserting after subsection (a), as so re-
designated, the following: 
‘‘(b) SHIPBOARD
TECHNOLOGY
DEMONSTRATION 
PROGRAM.— 
‘‘(1) IN GENERAL.—The Under Secretary, with 
the concurrence of and in cooperation with the Sec-
retary, shall conduct a program to demonstrate bal-
last water treatment technologies evaluated aboard 
vessels under subsection (a) to prevent aquatic nui-
sance species from being introduced into and spread 
through ballast water in waters of the United States. 
‘‘(2) LOCATION.—The installation and con-
struction of ballast water treatment technologies 
used in the demonstration program under this sub-
section shall be performed in the United States. 
‘‘(3) VESSEL ELIGIBILITY.—Vessels eligible to 
participate in the demonstration program under this 
subsection shall consist only of vessels that have 
been accepted into and are actively participating in 
the Shipboard Technology Evaluation Program 
under subsection (a). 
‘‘(4) GRANTS.— 
‘‘(A) IN GENERAL.—The Under Secretary 
shall establish a grant program to provide fund-
ing for acquiring, installing, and operating bal-
233 
last water treatment technologies aboard vessels 
participating in the program under this sub-
section. 
‘‘(B) 
MATCHING
REQUIREMENTS.—The 
amount of Federal funds used for any dem-
onstration project under this subsection— 
‘‘(i) shall not exceed $1,000,000; and 
‘‘(ii) shall not exceed 50 percent of 
the total cost of such project. 
‘‘(c) ALTERNATIVE SHIP PATHWAY PROGRAM.— 
‘‘(1) IN GENERAL.—The Under Secretary, with 
the concurrence of and in cooperation with the Sec-
retary, shall conduct a program to demonstrate and 
verify technologies and practices to monitor and con-
trol the introduction of aquatic invasive species by 
ship pathways other than the release of ballast 
water. 
‘‘(2) SELECTION
OF
METHODS.—The Under 
Secretary may not select technologies and practices 
for demonstration or verification under paragraph 
(1) unless such technologies and practices, in the de-
termination of the Under Secretary, in consultation 
with the Secretary, meet the criteria outlined in sub-
paragraphs (B) through (G) of subsection (a)(4).
234 
‘‘(3) LOCATION.—The installation and con-
struction of technologies and practices for dem-
onstration and verification under this subsection 
shall be performed in the United States.’’; and 
(13) in subsection (d), as so redesignated, by 
striking ‘‘Secretary of the Interior’’ each place it ap-
pears and inserting ‘‘Secretary, in consultation with 
the Under Secretary,’’. 
SEC. 506. RAPID RESPONSE PLAN. 
Subtitle C of title I of the Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
4721 et seq.) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 1210. RAPID RESPONSE PLAN. 
‘‘(a) PREPARATION BY PRESIDENT.—The President 
shall prepare and publish a national rapid response plan 
for killing, removing, or minimizing the spread of aquatic 
nuisance species in the waters of the United States in ac-
cordance with this section. 
‘‘(b) CONTENTS.—The national rapid response plan 
shall provide for efficient, coordinated, and effective action 
to minimize damage from aquatic nuisance species in the 
navigable waters of the United States, including killing, 
containing, and removal of the aquatic nuisance species, 
and shall include the following:
235 
‘‘(1) Assignment of duties and responsibilities 
among Federal departments and agencies in coordi-
nation with State and local agencies and port au-
thorities and private entities. 
‘‘(2) Identification, procurement, maintenance, 
and storage of equipment and supplies needed to fa-
cilitate the killing, containment, and removal of 
aquatic nuisance species under this section. 
‘‘(3) Establishment or designation by the Presi-
dent of Federal aquatic nuisance species response 
teams, consisting of— 
‘‘(A) personnel who shall be trained and 
prepared by the President and shall be available 
to provide necessary services to carry out the 
national rapid response plan; 
‘‘(B) adequate equipment and material 
needed to facilitate the killing, containment, 
and removal of aquatic nuisance species under 
this section; and 
‘‘(C) a detailed plans to kill, contain, and 
remove aquatic nuisance species, including 
measures to protect fisheries and wildlife. 
‘‘(4) A system of surveillance and notice de-
signed to safeguard against, as well as ensure ear-
liest possible notice of, the introduction of aquatic
236 
nuisance species and imminent threats of such intro-
duction to the appropriate State and Federal agen-
cies. 
‘‘(5) Establishment by the President of a na-
tional center to provide coordination and direction 
for operations in carrying out the plan. 
‘‘(6) Procedures and techniques to be employed 
in identifying, containing, killing, and removing 
aquatic nuisance species in the waters of the United 
States. 
‘‘(7) A schedule, prepared by the President in 
cooperation with the States, identifying— 
‘‘(A) mitigating devices and substances, if 
any, that may be used in carrying out the plan; 
‘‘(B) the waters in which such mitigating 
devices and substances may be used; and 
‘‘(C) the quantities of such mitigating de-
vice or substance which can be used safely in 
such waters. 
‘‘(8) A system whereby the State or States af-
fected by an aquatic nuisance species may act where 
necessary to remove such species. 
‘‘(9) Establishment by the President of criteria 
and procedures to ensure immediate and effective
237 
Federal identification of, and response to, an intro-
duction of aquatic nuisance species. 
‘‘(10) Designation by the President of the Fed-
eral official who shall be the Federal on-scene coor-
dinator for measures taken to kill, contain, and re-
move aquatic nuisance species under this section. 
‘‘(11) A fish and wildlife response plan for the 
immediate and effective protection, rescue, and reha-
bilitation of, and the minimization of risk of damage 
to, fish and wildlife resources and their habitat that 
are harmed or that may be jeopardized by an intro-
duction of an aquatic nuisance species. 
‘‘(c) FEDERAL REMOVAL AUTHORITY.— 
‘‘(1) REMOVAL REQUIREMENT.— 
‘‘(A) IN
GENERAL.—The President shall 
ensure, in accordance with the national rapid 
response plan, effective and immediate killing, 
containing, and removal of the aquatic nuisance 
species in the waters of the United States. 
‘‘(B) 
DISCRETIONARY
AUTHORITY.—In 
carrying out this paragraph, the President 
may— 
‘‘(i) kill, contain, and remove an 
aquatic nuisance species, at any time; and
238 
‘‘(ii) direct or monitor all Federal, 
State, and private actions to kill, contain, 
and remove the aquatic nuisance species. 
‘‘(2) ACTIONS IN ACCORDANCE WITH NATIONAL 
RAPID
RESPONSE
PLAN.—Each Federal agency, 
State, owner or operator, or other person partici-
pating in efforts under this subsection shall act in 
accordance with the national rapid response plan or 
as directed by the President to carry out the plan.’’. 
SEC. 507. AUTHORIZATION OF APPROPRIATIONS. 
Section 1301(a) of the Nonindigenous Aquatic Nui-
sance Prevention and Control Act of 1990 (16 U.S.C. 
4741(a)) is amended— 
(1) by striking ‘‘and’’ after the semicolon in 
paragraph (4)(B); 
(2) by striking the period at the end of para-
graph (5)(B) and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(6) $20,000,000 for each of fiscal years 2008 
through 2012 to the Secretary to carry out section 
1101; 
‘‘(7) $500,000 to the Secretary for each of fis-
cal years 2008 through 2013 to carry out section 
1102(f);
239 
‘‘(8) $6,000,000 to the Under Secretary for 
each of fiscal years 2008 through 2013 to carry out 
paragraph (4) of section 1104(b); and 
‘‘(9) $1,500,000 to the Under Secretary for 
each of fiscal years 2008 through 2013 to carry out 
section 1104(c).’’. 
TITLE VI—MARITIME 
POLLUTION PREVENTION 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Maritime Pollution 
Prevention Act of 2008’’. 
SEC. 602. REFERENCES. 
Wherever in this title an amendment or repeal is ex-
pressed in terms of an amendment to or a repeal of a sec-
tion or other provision, the reference shall be considered 
to be made to a section or other provision of the Act to 
Prevent Pollution from Ships (33 U.S.C. 1901 et seq.). 
SEC. 603. DEFINITIONS. 
Section 2(a) (33 U.S.C. 1901(a)) is amended— 
(1) by redesignating the paragraphs (1) 
through (12) as paragraphs (2) through (13), re-
spectively; 
(2) by inserting before paragraph (2) (as so re-
designated) the following:
240 
‘‘(1) ‘Administrator’ means the Administrator 
of the Environmental Protection Agency.’’; 
(3) in paragraph (5) (as so redesignated) by 
striking ‘‘and V’’ and inserting ‘‘V, and VI’’; 
(4) in paragraph (6) (as so redesignated) by 
striking ‘‘ ‘discharge’ and ‘garbage’ and ‘harmful 
substance’ and ‘incident’ ’’ and inserting ‘‘ ‘dis-
charge’, ‘emission’, ‘garbage’, ‘harmful substance’, 
and ‘incident’ ’’; and 
(5) by redesignating paragraphs (7) through 
(13) (as redesignated) as paragraphs (8) through 
(14), respectively, and inserting after paragraph (6) 
(as redesignated) the following: 
‘‘(7) ‘navigable waters’ includes the territorial 
sea of the United States (as defined in Presidential 
Proclamation 5928 of December 27, 1988) and the 
internal waters of the United States;’’. 
SEC. 604. APPLICABILITY. 
Section 3 (33 U.S.C. 1902) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘and’’ at the end of para-
graph (3); 
(B) by striking the period at the end of 
paragraph (4) and inserting ‘‘; and’’; and 
(C) by adding at the end the following:
241 
‘‘(5) with respect to Annex VI to the Conven-
tion, and other than with respect to a ship referred 
to in paragraph (1)— 
‘‘(A) to a ship that is in a port, shipyard, 
offshore terminal, or the internal waters of the 
United States; 
‘‘(B) to a ship that is bound for, or depart-
ing from, a port, shipyard, offshore terminal, or 
the internal waters of the United States, and is 
in— 
‘‘(i) the navigable waters of the 
United States; 
‘‘(ii) an emission control area des-
ignated pursuant to section 4; or 
‘‘(iii) any other area that the Admin-
istrator, in consultation with the Secretary 
and each State in which any part of the 
area is located, has designated by order as 
being an area from which emissions from 
ships are of concern with respect to protec-
tion of public health, welfare, or the envi-
ronment; 
‘‘(C) to a ship that is entitled to fly the 
flag of, or operating under the authority of, a 
party to Annex VI, and is in—
242 
‘‘(i) the navigable waters of the 
United States; 
‘‘(ii) an emission control area des-
ignated under section 4; or 
‘‘(iii) any other area that the Admin-
istrator, in consultation with the Secretary 
and each State in which any part of the 
area is located, has designated by order as 
being an area from which emissions from 
ships are of concern with respect to protec-
tion of public health, welfare, or the envi-
ronment; and 
‘‘(D) to the extent consistent with inter-
national law, to any other ship that is in— 
‘‘(i) the exclusive economic zone of the 
United States; 
‘‘(ii) the navigable waters of the 
United States; 
‘‘(iii) an emission control area des-
ignated under section 4; or 
‘‘(iv) any other area that the Adminis-
trator, in consultation with the Secretary 
and each State in which any part of the 
area is located, has designated by order as 
being an area from which emissions from
243 
ships are of concern with respect to protec-
tion of public health, welfare, or the envi-
ronment.’’; 
(2) in subsection (b)— 
(A) in paragraph (1) by striking ‘‘para-
graph (2)’’ and inserting ‘‘paragraphs (2) and 
(3)’’; and 
(B) by adding at the end the following: 
‘‘(3) With respect to Annex VI the Administrator, or 
the Secretary, as relevant to their authorities pursuant to 
this Act, may determine that some or all of the require-
ments under this Act shall apply to one or more classes 
of public vessels, except that such a determination by the 
Administrator shall have no effect unless the head of the 
Department or agency under which the vessels operate 
concurs in the determination. This paragraph does not 
apply during time of war or during a declared national 
emergency.’’; 
(3) by redesignating subsections (c) through (g) 
as subsections (d) through (h), respectively, and in-
serting after subsection (b) the following: 
‘‘(c) APPLICATION TO OTHER PERSONS.—This Act 
shall apply to all persons to the extent necessary to ensure 
compliance with Annex VI to the Convention.’’; and 
(4) in subsection (e), as redesignated—
244 
(A) by inserting ‘‘or the Administrator, 
consistent with section 4 of this Act,’’ after 
‘‘Secretary’’; 
(B) by striking ‘‘of section (3)’’ and insert-
ing ‘‘of this section’’; and 
(C) by striking ‘‘Protocol, including regula-
tions conforming to and giving effect to the re-
quirements of Annex V’’ and inserting ‘‘Pro-
tocol (or the applicable Annex), including regu-
lations conforming to and giving effect to the 
requirements of Annex V and Annex VI’’. 
SEC. 605. ADMINISTRATION AND ENFORCEMENT. 
Section 4 (33 U.S.C. 1903) is amended— 
(1) by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively, and inserting 
after subsection (a) the following: 
‘‘(b) DUTY OF THE ADMINISTRATOR.—In addition to 
other duties specified in this Act, the Administrator and 
the Secretary, respectively, shall have the following duties 
and authorities: 
‘‘(1) The Administrator shall, and no other per-
son may, issue Engine International Air Pollution 
Prevention certificates in accordance with Annex VI 
and the International Maritime Organization’s Tech-
nical Code on Control of Emissions of Nitrogen Ox-
245 
ides from Marine Diesel Engines, on behalf of the 
United States for a vessel of the United States as 
that term is defined in section 116 of title 46, 
United States Code. The issuance of Engine Inter-
national Air Pollution Prevention certificates shall 
be consistent with any applicable requirements of 
the Clean Air Act or regulations prescribed under 
that Act. 
‘‘(2) The Administrator shall have authority to 
administer regulations 12, 13, 14, 15, 16, 17, 18, 
and 19 of Annex VI to the Convention. 
‘‘(3) The Administrator shall, only as specified 
in section 8(f), have authority to enforce Annex VI 
of the Convention.’’; 
(2) in subsection (c), as redesignated, by redes-
ignating paragraph (2) as paragraph (4), and insert-
ing after paragraph (1) the following: 
‘‘(2) In addition to the authority the Secretary has 
to prescribe regulations under this Act, the Administrator 
shall also prescribe any necessary or desired regulations 
to carry out the provisions of regulations 12, 13, 14, 15, 
16, 17, 18, and 19 of Annex VI to the Convention. 
‘‘(3) In prescribing any regulations under this sec-
tion, the Secretary and the Administrator shall consult
246 
with each other, and with respect to regulation 19, with 
the Secretary of the Interior.’’; and 
(3) by adding at the end of subsection (c), as 
redesignated, the following: 
‘‘(5) No standard issued by any person or Federal 
authority, with respect to emissions from tank vessels sub-
ject to regulation 15 of Annex VI to the Convention, shall 
be effective until 6 months after the required notification 
to the International Maritime Organization by the Sec-
retary.’’. 
SEC. 606. CERTIFICATES. 
Section 5 (33 U.S.C. 1904) is amended— 
(1) in subsection (a) by striking ‘‘The Sec-
retary’’ and inserting ‘‘Except as provided in section 
4(b)(1), the Secretary’’; 
(2) in subsection (b) by striking ‘‘Secretary 
under the authority of the MARPOL protocol.’’ and 
inserting ‘‘Secretary or the Administrator under the 
authority of this Act.’’; and 
(3) in subsection (e) by striking ‘‘environment.’’ 
and inserting ‘‘environment or the public health and 
welfare.’’. 
SEC. 607. RECEPTION FACILITIES. 
Section 6 (33 U.S.C. 1905) is amended—
247 
(1) in subsection (a) by adding at the end the 
following: 
‘‘(3) The Secretary and the Administrator, after con-
sulting with appropriate Federal agencies, shall jointly 
prescribe regulations setting criteria for determining the 
adequacy of reception facilities for receiving ozone deplet-
ing substances, equipment containing such substances, 
and exhaust gas cleaning residues at a port or terminal, 
and stating any additional measures and requirements as 
are appropriate to ensure such adequacy. Persons in 
charge of ports and terminals shall provide reception fa-
cilities, or ensure that reception facilities are available, in 
accordance with those regulations. The Secretary and the 
Administrator may jointly prescribe regulations to certify, 
and may issue certificates to the effect, that a port’s or 
terminal’s facilities for receiving ozone depleting sub-
stances, equipment containing such substances, and ex-
haust gas cleaning residues from ships are adequate.’’; 
(2) in subsection (b) by inserting ‘‘or the Ad-
ministrator’’ after ‘‘Secretary’’; 
(3) in subsection (e) by striking paragraph (2) 
and inserting the following: 
‘‘(2) The Secretary may deny the entry of a ship to 
a port or terminal required by the MARPOL Protocol, this 
Act, or regulations prescribed under this section relating
248 
to the provision of adequate reception facilities for gar-
bage, ozone depleting substances, equipment containing 
those substances, or exhaust gas cleaning residues, if the 
port or terminal is not in compliance with the MARPOL 
Protocol, this Act, or those regulations.’’; 
(4) in subsection (f)(1) by striking ‘‘Secretary 
is’’ and inserting ‘‘Secretary and the Administrator 
are’’; and 
(5) in subsection (f)(2) by striking ‘‘(A)’’. 
SEC. 608. INSPECTIONS. 
Section 8(f) (33 U.S.C. 1907(f)) is amended to read 
as follows: 
‘‘(f)(1) The Secretary may inspect a ship to which 
this Act applies as provided under section 3(a)(5), to 
verify whether the ship is in compliance with Annex VI 
to the Convention and this Act. 
‘‘(2) If an inspection under this subsection or any 
other information indicates that a violation has occurred, 
the Secretary, or the Administrator in a matter referred 
by the Secretary, may undertake enforcement action under 
this section. 
‘‘(3) Notwithstanding subsection (b) and paragraph 
(2) of this subsection, the Administrator shall have all of 
the authorities of the Secretary, as specified in subsection 
(b) of this section, for the purposes of enforcing regula-
249 
tions 17 and 18 of Annex VI to the Convention to the 
extent that shoreside violations are the subject of the ac-
tion and in any other matter referred to the Administrator 
by the Secretary.’’. 
SEC. 609. AMENDMENTS TO THE PROTOCOL. 
Section 10(b) (33 U.S.C. 1909(b)) is amended by in-
serting ‘‘or the Administrator as provided for in this Act,’’ 
after ‘‘Secretary,’’. 
SEC. 610. PENALTIES. 
Section 9 (33 U.S.C. 1908) is amended— 
(1) by striking ‘‘Protocol,,’’ each place it ap-
pears and inserting ‘‘Protocol,’’; 
(2) in subsection (b)— 
(A) by inserting ‘‘, or the Administrator as 
provided for in this Act’’ after ‘‘Secretary’’ the 
first place it appears; 
(B) in paragraph (2), by inserting ‘‘, or 
the Administrator as provided for in this Act,’’ 
after ‘‘Secretary’’; and 
(C) in the matter after paragraph (2)— 
(i) by inserting ‘‘, or the Adminis-
trator as provided for in this Act’’ after 
‘‘Secretary’’ the first place it appears; and 
(ii) by inserting ‘‘, or the Adminis-
trator as provided for in this Act,’’ after
250 
‘‘Secretary’’ the second and third places it 
appears; 
(3) in subsection (c), by inserting ‘‘, or the Ad-
ministrator as provided for in this Act,’’ after ‘‘Sec-
retary’’ each place it appears; and 
(4) in subsection (f), by inserting ‘‘, or the Ad-
ministrator as provided for in this Act’’ after ‘‘Sec-
retary’’ the first place appears. 
SEC. 611. EFFECT ON OTHER LAWS. 
Section 15 (33 U.S.C. 1911) is amended to read as 
follows: 
‘‘SEC. 15. EFFECT ON OTHER LAWS. 
‘‘Authorities, requirements, and remedies of this Act 
supplement and neither amend nor repeal any other au-
thorities, requirements, or remedies conferred by any 
other provision of law. Nothing in this Act shall limit, 
deny, amend, modify, or repeal any other authority, re-
quirement, or remedy available to the United States or 
any other person, except as expressly provided in this 
Act.’’. 
TITLE VII—PORT SECURITY 
SEC. 701. MARITIME HOMELAND SECURITY PUBLIC AWARE-
NESS PROGRAM. 
The Secretary of Homeland Security shall establish 
a program to help prevent acts of terrorism and other ac-
251 
tivities that jeopardize maritime homeland security, by 
seeking the cooperation of the commercial and recreational 
boating industries and the public to improve awareness of 
activity in the maritime domain and report suspicious or 
unusual activity. 
SEC. 702. TRANSPORTATION WORKER IDENTIFICATION 
CREDENTIAL. 
(a) ASSESSMENT OF TWIC PROGRAM IMPLEMENTA-
TION.— 
(1) IN
GENERAL.—Not later than 120 days 
after implementing the Transportation Worker Iden-
tification Credential program (in this section re-
ferred to as ‘‘TWIC’’) at the ten ports designated 
top priority by the Secretary of Homeland Security, 
as required by section 70105(i)(2)(A) of title 46, 
United States Code, the Secretary shall submit to 
the Committee on Homeland Security of the House 
of Representatives, the Committee on Commerce, 
Science, and Transportation of the Senate, and the 
Committee on Homeland Security and Governmental 
Affairs of the Senate and to the Comptroller General 
of the United States a report containing an assess-
ment of the progress of the program’s implementa-
tion. The report shall include—
252 
(A) the number of workers enrolled in the 
program to date and the extent to which key 
metrics and contract requirements have been 
met; and 
(B) an overview of the challenges encoun-
tered during implementation of the enrollment 
process, and plans for how these challenges will 
be addressed as the program is implemented at 
additional ports. 
(2) GAO ASSESSMENT.—The Comptroller Gen-
eral shall review the report and submit to the Com-
mittee on Homeland Security of the House of Rep-
resentatives, the Committee on Commerce, Science, 
and Transportation of the Senate, and the Com-
mittee on Homeland Security and Governmental Af-
fairs of the Senate an assessment of the report’s 
findings and recommendations. 
(b) ASSESSMENT OF TWIC PILOT.— 
(1) IN
GENERAL.—Not later than 120 days 
after completing the pilot program under section 
70105(k)(1) of title 46, United States Code, to test 
TWIC access control technologies at port facilities 
and vessels nationwide, the Secretary of Homeland 
Security shall submit to the Committee on Home-
land Security of the House of Representatives, the
253 
Committee on Commerce, Science, and Transpor-
tation of the Senate, and the Committee on Home-
land Security and Governmental Affairs of the Sen-
ate and to the Comptroller General a report con-
taining an assessment of the results of the pilot. The 
report shall include— 
(A) the findings of the pilot program with 
respect to key technical and operational aspects 
of implementing TWIC technologies in the mar-
itime sector; 
(B) a comprehensive listing of the extent 
to which established metrics were achieved dur-
ing the pilot program; and 
(C) an analysis of the viability of those 
technologies for use in the maritime environ-
ment, including any challenges to implementing 
those technologies and strategies for mitigating 
identified challenges. 
(2) GAO ASSESSMENT.—The Comptroller Gen-
eral shall review the report and submit to the Com-
mittee on Homeland Security of the House of Rep-
resentatives, the Committee on Commerce, Science, 
and Transportation of the Senate, and the Com-
mittee on Homeland Security and Governmental Af-
254 
fairs of the Senate an assessment of the report’s 
findings and recommendations. 
SEC. 703. STUDY TO IDENTIFY REDUNDANT BACKGROUND 
RECORDS CHECKS. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study comparing those background 
records checks required under section 70105 of title 46, 
United States Code, and those conducted by States for 
similar homeland security purposes. 
(b) REPORT.—Not later than 6 months after the date 
of enactment of this Act, the Comptroller General of the 
United States shall submit a report to the Committee on 
Homeland Security of the House of Representatives, the 
Committee on Transportation and Infrastructure of the 
House of Representatives, the Committee on Commerce, 
Science, and Transportation of the Senate, and the Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate on the results of the study, including— 
(1) an identification of redundancies and ineffi-
ciencies in connection with such checks referred to 
in subsection (a); and 
(2) recommendations for eliminating such 
redundancies and inefficiencies.
255 
SEC. 704. REVIEW OF INTERAGENCY OPERATIONAL CEN-
TERS. 
(a) IN GENERAL.—Within 180 days of enactment of 
this Act, the Department of Homeland Security Inspector 
General shall provide a report to the Committee on Home-
land Security of the House of Representatives and the 
Committees on Homeland Security and Governmental Af-
fairs and Commerce, Science, and Transportation of the 
Senate concerning the establishment of Interagency Oper-
ational Centers for Port Security required by section 108 
of the SAFE Port Act (Public Law 109–347). 
(b) REPORT.—The report shall include— 
(1) an examination of the Department’s efforts 
to establish the Interagency Operational Centers; 
(2) a timeline for construction; 
(3) a detailed breakdown, by center, as to the 
incorporation of those representatives required by 
section 70107A(b)(3) of title 46, United States 
Code; 
(4) an analysis of the hurdles faced by the De-
partment in developing these centers; 
(5) information on the number of security clear-
ances attained by State, local, and tribal officials 
participating in the program; and 
(6) an examination of the relationship between 
the Interagency Operational Centers and State, local
256 
and regional fusion centers participating in the De-
partment of Homeland Security’s State, Local, and 
Regional Fusion Center Initiative under section 511 
of the Implementing the Recommendations of the 9/ 
11 Commission Act of 2007 (Public Law 110–53), 
with a particular emphasis on— 
(A) how the centers collaborate and coordi-
nate their efforts; and 
(B) the resources allocated by the Coast 
Guard to both initiatives. 
SEC. 705. MARITIME SECURITY RESPONSE TEAMS. 
(a) IN GENERAL.—Section 70106 of title 46, United 
States Code, is amended by striking subsection (c) and 
inserting the following: 
‘‘(c) MARITIME SECURITY RESPONSE TEAMS.— 
‘‘(1) IN GENERAL.—In addition to the maritime 
safety and security teams, the Secretary shall estab-
lish no less than two maritime security response 
teams to act as the Coast Guard’s rapidly deployable 
counterterrorism and law enforcement response 
units that can apply advanced interdiction skills in 
response to threats of maritime terrorism. 
‘‘(2) MINIMIZATION OF RESPONSE TIME.—The 
maritime security response teams shall be stationed 
in such a way to minimize, to the extent practicable,
257 
the response time to any reported maritime terrorist 
threat. 
‘‘(d) COORDINATION WITH OTHER AGENCIES.—To 
the maximum extent feasible, each maritime safety and 
security team and maritime security response team shall 
coordinate its activities with other Federal, State, and 
local law enforcement and emergency response agencies.’’. 
SEC. 706. COAST GUARD DETECTION CANINE TEAM PRO-
GRAM EXPANSION. 
(a) DEFINITIONS.—For purposes of this section: 
(1) CANINE DETECTION TEAM.—The term ‘‘de-
tection canine team’’ means a canine and a canine 
handler that are trained to detect narcotics or explo-
sives, or other threats as defined by the Secretary. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(b) DETECTION CANINE TEAMS.— 
(1) INCREASED CAPACITY.—Not later than 240 
days after the date of enactment of this Act, the 
Secretary shall— 
(A) begin to increase the number of detec-
tion canine teams certified by the Coast Guard 
for the purposes of maritime-related security by 
no fewer than 10 canine teams annually 
through fiscal year 2012; and
258 
(B) encourage owners and operators of 
port facilities, passenger cruise liners, ocean-
going cargo vessels, and other vessels identified 
by the Secretary to strengthen security through 
the use of highly trained detection canine 
teams. 
(2) CANINE
PROCUREMENT.—The Secretary, 
acting through the Commandant of the Coast 
Guard, shall— 
(A) procure detection canine teams as effi-
ciently as possible, including, to the greatest ex-
tent possible, through increased domestic breed-
ing, while meeting the performance needs and 
criteria established by the Commandant; 
(B) support expansion and upgrading of 
existing canine training facilities operated by 
the department in which the Coast Guard is op-
erating; and 
(C) as appropriate, partner with other 
Federal, State, or local agencies, nonprofit or-
ganizations, universities, or the private sector to 
increase the breeding and training capacity for 
Coast Guard canine detection teams. 
(c) DEPLOYMENT.—The Secretary shall prioritize de-
ployment of the additional canine teams to ports based
259 
on risk, consistent with the Security and Accountability 
For Every Port Act of 2006 (Public Law 109–347). 
(d) AUTHORIZATION.—There are authorized to be ap-
propriated to the Secretary such sums as may be nec-
essary to carry out this section for fiscal years 2008 
through 2012. 
SEC. 707. COAST GUARD PORT ASSISTANCE PROGRAM. 
Section 70110 of title 46, United States Code, is 
amended by adding at the end the following: 
‘‘(f) COAST GUARD ASSISTANCE PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary may lend, 
lease, donate, or otherwise provide equipment, and 
provide technical training and support, to the owner 
or operator of a foreign port or facility— 
‘‘(A) to assist in bringing the port or facil-
ity into compliance with applicable International 
Ship and Port Facility Code standards; 
‘‘(B) to assist the port or facility in meet-
ing standards established under section 70109A 
of this chapter; and 
‘‘(C) to assist the port or facility in exceed-
ing the standards described in subparagraphs 
(A) and (B). 
‘‘(2) CONDITIONS.—The Secretary—
260 
‘‘(A) shall provide such assistance based 
upon an assessment of the risks to the security 
of the United States and the inability of the 
owner or operator of the port or facility other-
wise to bring the port or facility into compli-
ance with those standards and to maintain com-
pliance with them; 
‘‘(B) may not provide such assistance un-
less the port or facility has been subjected to a 
comprehensive port security assessment by the 
Coast Guard or a third party entity certified by 
the Secretary under section 70110A(b) to vali-
date foreign port or facility compliance with 
International Ship and Port Facility Code 
standards; and 
‘‘(C) may only lend, lease, or otherwise 
provide equipment that the Secretary has first 
determined is not required by the Coast Guard 
for the performance of its missions.’’. 
SEC. 708. MARITIME BIOMETRIC IDENTIFICATION. 
(a) IN GENERAL.—Within one year after the date of 
the enactment of this Act, the Secretary of Homeland Se-
curity, acting through the Commandant of the Coast 
Guard, shall conduct, in the maritime environment, a pro-
gram for the mobile biometric identification of suspected
261 
individuals, including terrorists, to enhance border secu-
rity and for other purposes. 
(b) REQUIREMENTS.—The Secretary shall ensure the 
program required in this section is coordinated with other 
biometric identification programs within the Department 
of Homeland Security. 
(c) COST ANALYSIS.—Within 90 days after the date 
of the enactment of this Act, the Secretary shall submit 
to the Committees on Appropriations and Homeland Secu-
rity of the House of Representatives and the Committees 
on Appropriations and Homeland Security and Govern-
mental Affairs of the Senate an analysis of the cost of 
expanding the Coast Guard’s biometric identification ca-
pabilities for use by the Coast Guards Deployable Oper-
ations Group, cutters, stations, and other deployable mari-
time teams considered appropriate by the Secretary, and 
any other appropriate Department of Homeland Security 
maritime vessels and units. The analysis may include a 
tiered plan for the deployment of this program that gives 
priority to vessels and units more likely to encounter indi-
viduals suspected of making illegal border crossings 
through the maritime environment. 
(d) DEFINITION.—For the purposes of this section, 
the term ‘‘biometric identification’’ means use of finger-
print and digital photography images.
262 
SEC. 709. REVIEW OF POTENTIAL THREATS. 
Not later than 1 year after the date of enactment 
of this Act, the Secretary of Homeland Security shall sub-
mit to the Committee on Homeland Security of the House 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report ana-
lyzing the threat, vulnerability, and consequence of a ter-
rorist attack on gasoline and chemical cargo shipments in 
port activity areas in the United States. 
SEC. 710. PORT SECURITY PILOT. 
The Secretary of Homeland Security shall establish 
a pilot program to test and deploy preventive radiological 
or nuclear detection equipment on Coast Guard vessels 
and other locations in select port regions to enhance bor-
der security and for other purposes. The pilot program 
shall leverage existing Federal grant funding to support 
this program and the procurement of additional equip-
ment. 
SEC. 711. ADVANCE NOTICE OF PORT ARRIVAL OF SIGNIFI-
CANT OR FATAL INCIDENTS INVOLVING U.S. 
PERSONS. 
(a) REQUIREMENT.—The Secretary of Homeland Se-
curity shall require the owner or operator of a cruise ship 
that embarks or disembarks passengers in a United States 
port to notify the Secretary of any covered security inci-
dent that occurs on the cruise ship in the course of the
263 
voyage (or voyage segment) in which a U.S. person is in-
volved, in conjunction with any advance notice of arrival 
to a United States port required by part 160 of title 33, 
Code of Federal Regulations. 
(b) DEFINITIONS.—For the purposes of this section: 
(1) COVERED SECURITY INCIDENT.—The term 
‘‘covered security incident’’ means any criminal act 
or omission that results in death or bodily injury, all 
sexual assaults and missing persons, or any other in-
cident that poses a significant threat to the cruise 
ship, any cruise ship passenger, any port facility, or 
any person in or near the port. 
(2) CRUISE
SHIP.—The term ‘‘cruise ship’’ 
means a vessel on an international voyage that em-
barks or disembarks passengers at a port of United 
States jurisdiction to which subpart C of part 160 
of title 33, Code of Federal Regulations, applies and 
that provides overnight accommodations. 
(3) U.S. PERSON.—The term ‘‘U.S. person’’ 
means a citizen of the United States and an alien 
lawfully admitted for permanent residence (as de-
fined in section 101(a)(20) of the Immigration and 
Nationality Act (8 U.S.C. 1101 (a)(20)). 
(4) 
UNITED
STATES.—The 
term 
‘‘United 
States’’ means the 50 States, the District of Colum-
264 
bia, Puerto Rico, the Northern Mariana Islands, the 
United States Virgin Islands, Guam, American 
Samoa, and any other territory or possession of the 
United States. 
(c) SAVINGS CLAUSE.—Nothing in this section shall 
be interpreted to discourage immediate notification to the 
Secretary of a covered security incident, nor shall this sec-
tion prohibit earlier notifications of covered security inci-
dents otherwise required by law or regulation. 
(d) AVAILABILITY OF INCIDENT DATA VIA INTER-
NET.— 
(1) WEBSITE.—The Secretary shall maintain, 
on an Internet site of the department in which the 
Coast Guard is operating, a numerical accounting of 
the missing persons and alleged crimes in covered 
security incidents for which the Secretary receives 
notification under subsection (a). The data shall be 
updated no less frequently than quarterly, aggre-
gated by cruise line, and each cruise line shall be 
identified by name. 
(2) ACCESS
TO
WEBSITE.—Each cruise line 
taking on or discharging passengers in the United 
States shall include on its Internet site a link to the 
Internet site referred to in paragraph (1), that is 
available to the public.
265 
SEC. 712. SAFETY AND SECURITY ASSISTANCE FOR FOR-
EIGN PORTS. 
(a) IN GENERAL.—Section 70110(e)(1) of title 46, 
United States Code, is amended by striking the second 
sentence and inserting the following: ‘‘The Secretary shall 
establish a strategic plan to utilize those assistance pro-
grams to assist ports and facilities that are found by the 
Secretary under subsection (a) not to maintain effective 
antiterrorism measures in the implementation of port se-
curity antiterrorism measures.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 70110 of title 46, United States 
Code, is amended— 
(A) by inserting ‘‘OR FACILITIES’’ after 
‘‘PORTS’’ in the section heading; 
(B) by inserting ‘‘or facility’’ after ‘‘port’’ 
each place it appears; and 
(C) by striking ‘‘PORTS’’ in the heading 
for subsection (e) and inserting ‘‘PORTS, FA-
CILITIES,’’. 
(2) The chapter analysis for chapter 701 of title 
46, United States Code, is amended by striking the 
item relating to section 70110 and inserting the fol-
lowing: 
‘‘70110. Actions and assistance for foreign ports or facilities and United States 
territories’’.
266 
SEC. 713. SEASONAL WORKERS. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study on the effects that the Trans-
portation Worker Identification Card (in this section re-
ferred to as ‘‘TWIC’’) required by section 70105 of title 
46, United States Code, has on companies that employ 
seasonal employees. 
(b) REPORT.—Not later than one year after the date 
of enactment of this Act, the Comptroller General shall 
submit a report to the Committee on Transportation and 
Infrastructure and the Committee on Homeland Security 
of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate on 
the results of the study, including— 
(1) costs associated in requiring seasonal em-
ployees to obtain TWIC cards on companies 
(2) whether the Coast Guard and Transpor-
tation Security Administration are processing TWIC 
applications quickly enough for seasonal workers to 
obtain TWIC certification; 
(3) whether TWIC compliance costs or other 
factors have led to a reduction in service; 
(3) the impact of TWIC on the recruiting and 
hiring of seasonal and other temporary employees; 
and
267 
(4) an assessment of possible alternatives to 
TWIC certification that may be used for seasonal 
employees including any security vulnerabilities cre-
ated by those alternatives. 
SEC. 714. COMPARATIVE RISK ASSESSMENT OF VESSEL- 
BASED AND FACILITY-BASED LIQUEFIED NAT-
URAL GAS REGASIFICATION PROCESSES. 
(a) IN GENERAL.—Within 90 days after the date of 
enactment of this Act, the Secretary of Homeland Secu-
rity, acting through the Commandant of the Coast Guard, 
shall enter into an arrangement for the performance of 
an independent study to conduct a comparative risk as-
sessment examining the relative safety and security risk 
associated with vessel-based and facility-based liquefied 
natural gas regasification processes conducted within 3 
miles from land versus such processes conducted more 
than 3 miles from land. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Secretary Homeland Secu-
rity, acting through the Commandant, shall provide a re-
port on the findings and conclusions of the study required 
by this section to the Committees on Homeland Security, 
Transportation and Infrastructure, and Energy and Com-
merce of the House of Representatives, and the Commit-
268 
tees on Homeland Security and Governmental Affairs and 
Commerce, Science, and Transportation of the Senate. 
SEC. 715. PILOT PROGRAM FOR FINGERPRINTING OF MARI-
TIME WORKERS. 
(a) IN GENERAL.—Within 180 days after the date 
of enactment of this Act, the Secretary of Homeland Secu-
rity shall establish procedures providing for an individual 
who is required to be fingerprinted for purposes of obtain-
ing a transportation security card under section 70105 of 
title 46, United States Code, to be fingerprinted at any 
facility operated by or under contract with an agency of 
the Department of Homeland Security that fingerprints 
the public for the Department. 
(b) EXPIRATION.—This section expires on December 
31, 2012. 
SEC. 716. TRANSPORTATION SECURITY CARDS ON VESSELS. 
Section 70105(b)(2) of title 46, United States Code, 
is amended— 
(1) in subparagraph (B), by inserting after 
‘‘title’’ the following: ‘‘allowed unescorted access to 
a secure area designated in a vessel security plan ap-
proved under section 70103 of this title’’; and 
(2) in subparagraph (D), by inserting after 
‘‘tank vessel’’ the following: ‘‘allowed unescorted ac-
269 
cess to a secure area designated in a vessel security 
plan approved under section 70103 of this title’’. 
SEC. 717. INTERNATIONAL LABOR STUDY. 
The Comptroller General of the United States shall 
conduct a study of methods to conduct a background secu-
rity investigation of an individual who possesses a biomet-
ric identification card that complies with International 
Labor Convention number 185 that are equivalent to the 
investigation conducted on individuals applying for a visa 
to enter the United States. The Comptroller General shall 
submit a report on the study within 180 days after the 
date of enactment of this Act to the Committee on Trans-
portation and Infrastructure and the Committee on 
Homeland Security of the House of Representatives and 
the Committee on Commerce, Science, and Transportation 
of the Senate. 
SEC. 718. MARITIME SECURITY ADVISORY COMMITTEES. 
Section 70112 of title 46, United States Code, is 
amended— 
(1) by amending subsection (b)(5) to read as 
follows: 
‘‘(5)(A) The National Maritime Security Advisory 
Committee shall be composed of— 
‘‘(i) at least 1 individual who represents the in-
terests of the port authorities;
270 
‘‘(ii) at least 1 individual who represents the in-
terests of the facilities owners or operators; 
‘‘(iii) at least 1 individual who represents the 
interests of the terminal owners or operators; 
‘‘(iv) at least 1 individual who represents the 
interests of the vessel owners or operators; 
‘‘(v) at least 1 individual who represents the in-
terests of the maritime labor organizations; 
‘‘(vi) at least 1 individual who represents the 
interests of the academic community; 
‘‘(vii) at least 1 individual who represents the 
interests of State or local governments; and 
‘‘(viii) at least 1 individual who represents the 
interests of the maritime industry. 
‘‘(B) Each Area Maritime Security Advisory 
Committee shall be composed of individuals who rep-
resents the interests of the port industry, terminal 
operators, port labor organizations, and other users 
of the port areas.’’; and 
(2) in subsection (g)— 
(A) in paragraph (1)(A), by striking 
‘‘2008;’’ and inserting ‘‘2010;’’; 
(B) by repealing paragraph (2); 
(C) by striking ‘‘(1)’’; and
271 
(D) by redesignating subparagraphs (A) 
and (B) as paragraphs (1) and (2). 
SEC. 719. SEAMEN’S SHORESIDE ACCESS. 
Each facility security plan approved under section 
70103(c) of title 46, United States Code, shall provide a 
system for seamen assigned to a vessel at that facility, 
pilots, and representatives of seamen’s welfare and labor 
organizations to board and depart the vessel through the 
facility in a timely manner at no cost to the individual. 
SEC. 720. WATERSIDE SECURITY AROUND LIQUEFIED NAT-
URAL GAS TERMINALS AND LIQUEFIED NAT-
URAL GAS TANKERS. 
(a) ENFORCEMENT
OF
SECURITY
ZONES.—Con-
sistent with other provisions of law, any security zone es-
tablished by the Coast Guard around a tanker containing 
liquified natural gas shall be enforced by the Coast Guard. 
If the Coast Guard must enforce multiple simultaneous 
security zones, the Coast Guard shall allocate resources 
so as to deter to the maximum extent practicable a trans-
portation security incident (as that term is defined in 
sectin 70101 of title 46, United States Code). 
(b) LIMITATION ON RELIANCE ON STATE AND LOCAL 
GOVERNMENT.—Any security arrangement approved as 
part of a facility security plan approved after the date of 
enactment of this Act under section 70103 of title 46,
272 
United States Code, for a liquefied natural gas terminal 
on or adjacent to the navigable waters of the United 
States, or to assist in the enforcement of any security zone 
established by the Coast Guard around a tanker con-
taining liquefied natural gas, may not be based upon the 
provision of security by a State or local government unless 
the State or local government has entered into a contract, 
cooperative agreement, or other arrangement with the ter-
minal operator to provide such services and the Secretary 
of the department in which the Coast Guard is operating, 
acting through the Commandant of the Coast Guard, en-
sures that the waterborne patrols operated as part of that 
security arrangement by a State or local government have 
the training, resources, personnel, equipment, and experi-
ence necessary to deter to the maximum extent practicable 
a transportation security incident (as that term is defined 
in section 70101 of title 46, United States Code). 
(c) DETERMINATION REQUIRED FOR NEW LNG TER-
MINALS.—The Secretary of the department in which the 
Coast Guard is operating, acting through the Com-
mandant of the Coast Guard, may not approve a facility 
security plan under section 70103 of title 46, United 
States Code, for a new liquefied natural gas terminal the 
construction of which is begun after the date of enactment 
of this Act unless the Secretary determines that the Coast
273 
Guard has available to the sector in which the terminal 
is located the resources, including State and local govern-
ment resources available in accordance with subsection 
(b), it needs to carry out the navigation and maritime se-
curity risk management measures identified in the water-
way suitability report prepared pursuant to the Ports and 
Waterways Safety Act. 
SEC. 721. REVIEW OF LIQUEFIED NATURAL GAS FACILI-
TIES. 
(a) NOTICE OF DETERMINATION.—Consistent with 
other provisions of law, the Secretary of Homeland Secu-
rity must notify the Federal Energy Regulatory Commis-
sion when a determination is made that the waterway to 
a proposed waterside liquefied natural gas facility is suit-
able or unsuitable for the marine traffic associated with 
such facility. 
(b) FEDERAL ENERGY REGULATORY COMMISSION 
RESPONSE.—The Federal Energy Regulatory Commission 
shall respond to the Secretary’s determination under sub-
section (a) by informing the Secretary within 90 days of 
notification or at the conclusion of any available appeal 
process, whichever is later, of what action the Commission 
has taken, pursuant to its authorities under the Natural 
Gas Act, regarding a proposal to construct and operate
274 
a waterside liquefied natural gas facility subject to a deter-
mination made under subsection (a). 
SEC. 722. USE OF SECONDARY AUTHENTICATION FOR 
TRANSPORTATION SECURITY CARDS. 
The Secretary of Homeland Security may use a sec-
ondary authentication system for individuals applying for 
transportation security cards when fingerprints are not 
able to be taken or read to enhance transportation secu-
rity. 
SEC. 723. REPORT ON STATE AND LOCAL LAW ENFORCE-
MENT AUGMENTATION OF COAST GUARD RE-
SOURCES 
WITH 
RESPECT 
TO 
SECURITY 
ZONES AND UNITED STATES PORTS. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary of the department in which the 
Coast Guard is operating shall submit to the Committees 
on Transportation and Infrastructure and Homeland Se-
curity of the House of Representatives and the Commit-
tees on Commerce, Science, and Transportation and 
Homeland Security and Governmental Affairs of the Sen-
ate a report on the extent to which State and local law 
enforcement entities are augmenting Coast Guard re-
sources by enforcing Coast Guard-imposed security zones 
around vessels transiting to, through, or from United