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vidual meets the requirements for issuance or re-
newal of the document under applicable regulations 
and standards. The Secretary is bound by the 
Board’s decision.’’. 
(b) SUSPENSION AND REVOCATION.—Chapter 77 of 
title 46, United States Code, is amended— 
(1) in section 7702— 
(A) by striking subsection (b); and 
(B) by redesignating subsections (c) and 
(d) as subsections (b) and (c), respectively; 
(2) by adding at the end the following new sec-
tions: 
‘‘§ 7707. Appeals to the National Transportation Safe-
ty Board 
‘‘(a) IN GENERAL.—An individual whose license, cer-
tificate of registry, or merchant mariners’ document has 
been suspended or revoked under this chapter by the Sec-
retary may appeal that decision within 30 days to the Na-
tional Transportation Safety Board. The Board shall af-
firm or reverse the order after providing notice and an 
opportunity for a hearing on the record. In conducting the 
hearing under this section, the Board is not bound by find-
ings of fact of the Secretary but is bound by all validly 
adopted interpretations of laws and regulations the Sec-
retary carries out and of written agency policy guidance 
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available to the public related to sanctions to be imposed 
under this section, unless the Board finds an interpreta-
tion is arbitrary, capricious, or otherwise not according to 
law. 
‘‘(b) EFFECTIVENESS
OF
ORDER
PENDING
AP-
PEAL.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), upon the filing by an individual of an ap-
peal with the Board under this subsection, the order 
of the Secretary suspending or revoking the license, 
certificate of registry, or merchant mariners’ docu-
ment is stayed. 
‘‘(2) EXCEPTION.—If the Secretary notifies the 
Board that the Secretary has determined there ex-
ists an emergency affecting safety in maritime trans-
portation requires the immediate effectiveness of the 
order— 
‘‘(A) the order shall remain in effect pend-
ing disposition of the appeal; 
‘‘(B) the Board shall make a final disposi-
tion of the appeal not later than 60 days after 
the Secretary so notifies the Board; and 
‘‘(C) if the Board does not act within such 
60-day period, the order shall continue in effect 
unless modified by the Secretary. 
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‘‘(c) REVIEW OF EMERGENCY ORDER.—A person af-
fected by the immediate effectiveness of the Secretary’s 
order under subsection (b)(2) may petition for a review 
by the Board under procedures promulgated by the Board 
of the Secretary’s determination that an emergency exists. 
Such petition shall be filed with the Board not later than 
48 hours after the order is received by the person. If the 
Board finds that an emergency does not exist that requires 
the immediate application of the order in the interest of 
safety in maritime transportation, the order shall be 
stayed, notwithstanding subsection (b). The Board shall 
dispose of a petition under this subsection not later than 
5 days after the date on which the petition is filed. 
‘‘(d) JUDICIAL REVIEW.—An individual who is sub-
stantially affected by an order of the Board under this 
section, or the Secretary if the Secretary decides that an 
order of the Board will have a significant adverse effect 
on carrying out this part, may obtain judicial review of 
the order. The Secretary shall be made a party to the judi-
cial review proceedings. In those proceedings, findings of 
fact of the Board are conclusive if supported by substan-
tial evidence. 
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‘‘§ 7708. Limitations on the Coast Guard’s conduct of 
administrative proceedings 
‘‘The Coast Guard shall not conduct any administra-
tive proceeding under section 7101, 7302, 7503, chapter 
77, or section 9303 of this title under any contractual rela-
tionship or interagency agreement with the National 
Transportation Safety Board after October 1, 2009.’’; and 
(3) in the analysis at the beginning of the chap-
ter by adding at the end the following new items: 
‘‘Sec. 7707. Appeals to the National Transportation Safety Board. 
‘‘Sec. 7708. Limitations on the Coast Guard’s conduct of administrative pro-
ceedings.’’. 
(c) EFFECTIVE DATE.—This section shall take effect 
on October 1, 2008. 
SEC. 1002. AUTHORITIES OF NATIONAL TRANSPORTATION 
SAFETY BOARD. 
(a) REVIEW OF OTHER AGENCY ACTION.—Section 
1133 of title 49, United States Code, is amended by strik-
ing paragraph (3) and inserting the following: 
‘‘(3) the denial, amendment, modification, sus-
pension, or revocation of a license, certificate, docu-
ment, or register in a proceeding under section 
7101, 7302, 7503, or 9303, or chapter 77, of title 
46; and’’. 
(b) JUDICIAL REVIEW.— 
(1) IN
GENERAL.—Section 1153 of title 49, 
United States Code, is amended— 
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(A) in the heading for subsection (b) by in-
serting ‘‘and maritime’’ after ‘‘aviation’’; and 
(B) by adding at the end the following new 
subsection: 
‘‘(d) SECRETARY SEEKING JUDICIAL REVIEW
OF 
MARITIME MATTERS.—If the Secretary of the department 
in which the Coast Guard is operating decides that an 
order of the Board under chapter 77 of title 46 will have 
a significant impact on carrying out this chapter with re-
spect to a maritime matter, the Secretary may obtain judi-
cial review of the order. Findings of fact of the Board are 
conclusive in those proceedings if supported by substantial 
evidence.’’. 
(c) EFFECTIVE DATE.—This section shall take effect 
on October 1, 2008. 
SEC. 1003. TRANSFER OF PENDING APPEALS TO THE NA-
TIONAL TRANSPORTATION SAFETY BOARD. 
(a) ADMINISTRATION OF PENDING DOCKET.— 
(1) TRANSFER OF PENDING CASES.—On Octo-
ber 1, 2008, any pending cases remaining undecided 
by the Coast Guard Office of Administrative Law 
Judges shall be transferred to the National Trans-
portation Safety Board for adjudication. Such cases 
shall be sequenced into the docket of the National 
Transportation Safety Board Office of Administra-
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tive Law Judges in the same order as the dates of 
filing with the Coast Guard. 
(2) 
DETAIL
OF
ADMINISTRATIVE
LAW 
JUDGES.—The Secretary of the department in which 
the Coast Guard is operating shall, if requested by 
the Chairman of the National Transportation Safety 
Board, make available to the Board via temporary 
detail not to exceed 180 days, and thereafter at the 
discretion of the Secretary, Administrative Law 
Judges currently employed by the Coast Guard suffi-
cient to address the docket of maritime enforcement 
cases transferred by this subsection to the National 
Transportation Safety Board and those subsequently 
filed with the National Transportation Safety Board. 
(3) ADMINISTRATIVE
ASSISTANCE.—The Sec-
retary of the department in which the Coast Guard 
is operating shall, if requested by the Chairman of 
the National Transportation Safety Board, make 
available assistance from the administrative offices 
of the Coast Guard Office of the Administrative Law 
Judges sufficient administrative personnel and other 
resources adequate to effect an orderly transfer of 
pending cases to the National Transportation Safety 
Board. 
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(b) TRANSFER OF FUNDS.—For each of fiscal years 
2009 and 2010, 80 percent of all funding appropriated 
for the Coast Guard’s Office of Administrative Law 
Judges shall be transferred as an interagency transfer to 
the National Transportation Safety Board and used for 
the Safety Board Office of Administrative Law Judges. 
(c) MARITIME ENFORCEMENT APPEALS ACTIVITY.— 
(1) IN
GENERAL.—The National Transpor-
tation Safety Board may establish within the Na-
tional Transportation Safety Board Office of Admin-
istrative Law Judges a maritime enforcement ap-
peals activity, to operate in concert or parallel with 
the aviation enforcement appeals activity currently 
existing, sufficient to handle maritime enforcement 
appeals under title 46, United States Code, as 
amended by this title. 
(2) FILLING OF ADMINISTRATIVE LAW JUDGE 
POSITIONS.—Any Administrative Law Judge posi-
tion established by the National Transportation 
Safety Board to address the cases and responsibil-
ities transferred under this section shall be filled 
through the established Administrative Law Judge 
hiring process. 
(3) LIMITATION
ON
EFFECT.—This section 
shall not be construed— 
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(A) to transfer from the Coast Guard any 
personnel, offices, or equipment funded under 
this provision; or 
(B) to authorize requiring any person to 
transfer from the Coast Guard to the National 
Transportation Safety Board. 
(4) EXEMPTION FROM REGULATIONS RELATING 
TO REDUCTIONS IN FORCE.—Any redesignation of 
agency responsibilities under this title is exempt 
from subpart C of part 351 of title 5, Code of Fed-
eral Regulations, and does not constitute a transfer 
of function (as that term is defined in section 
351.203 of that title) for purposes of that subpart. 
SEC. 1004. RULEMAKING REQUIREMENTS. 
(a) INTERIM FINAL RULE.—The National Transpor-
tation Safety Board shall issue an interim final rule as 
a temporary regulation implementing this title (including 
the amendments made by this title) as soon as practicable 
after the date of enactment of this Act, without regard 
to chapter 5 of title 5, United States Code. All regulations 
prescribed under the authority of this subsection that are 
not earlier superseded by final regulations shall expire not 
later than 1 year after the date of enactment of this Act. 
(b) INITIATION OF RULEMAKING.—The Board may 
initiate a rulemaking to implement this title (including the 
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amendments made by this title) as soon as practicable 
after the date of enactment of this Act. The final rule 
issued pursuant to that rulemaking may supersede the in-
terim final rule issued under this section. 
SEC. 1005. ADMINISTRATIVE LAW JUDGE RECRUITING PRO-
GRAM. 
(a) IN GENERAL.—Within 60 days after the date of 
enactment of this Act, the Secretary of the department 
in which the Coast Guard is operating shall establish a 
program to recruit qualified individuals from appropriate 
sources in an effort to achieve a workforce drawn from 
all segments of society in the Coast Guard’s Administra-
tive Law Judge program. This program shall include— 
(1) improved outreach efforts to include organi-
zations outside the Federal Government in order to 
increase the number of minority candidates in the 
selection pool for Administrative Law Judges from 
which the Coast Guard selects their judges; and 
(2) recruitment of minority candidates for 
Coast Guard Administrative Law Judges from other 
Federal agencies. 
(b) REPORT.—The Secretary shall provide a report 
to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate by 
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October 1 of each year detailing the activities of the Coast 
Guard to comply with the requirements of this section. 
TITLE XI—MARINE SAFETY 
SEC. 1101. MARINE SAFETY. 
(a) ESTABLISH MARINE SAFETY AS A COAST GUARD 
FUNCTION.—Chapter 5 of title 14, United States Code, 
is further amended by adding at the end the following new 
section: 
‘‘§ 100. Marine safety 
‘‘To protect life, property, and the environment on, 
under, and over waters subject to the jurisdiction of the 
United States and on vessels subject to the jurisdiction 
of the United States, the Commandant shall promote mar-
itime safety as follows: 
‘‘(1) By taking actions necessary and in the 
public interest to protect such life, property, and the 
environment. 
‘‘(2) Based on the following priorities: 
‘‘(A) Preventing marine casualties and 
threats to the environment. 
‘‘(B) Minimizing the impacts of marine 
casualties and environmental threats. 
‘‘(C) Maximizing lives and property saved 
and environment protected in the event of a 
marine casualty.’’. 
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(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of such chapter is amended by adding at the end 
the following new item: 
‘‘100. Marine safety.’’. 
SEC. 1102. MARINE SAFETY STAFF. 
(a) IN GENERAL.—Chapter 3 of title 14, United 
States Code, is further amended by adding at the end the 
following new section: 
‘‘§ 57. Marine safety staff 
‘‘(a) ASSISTANT COMMANDANT FOR MARINE SAFE-
TY.—(1) There shall be in the Coast Guard an Assistant 
Commandant for Marine Safety who shall be a Rear Ad-
miral or civilian from the Senior Executive Service (career 
reserved) selected by the Secretary. 
‘‘(2) The Assistant Commandant for Marine Safety 
shall serve as the principal advisor to the Commandant 
regarding marine safety, and carry out the duties and 
powers delegated and imposed by the Secretary under sec-
tion 631(b). 
‘‘(b) CHIEF OF MARINE SAFETY.—(1) There shall be 
in each Coast Guard sector a Chief of Marine Safety 
who— 
‘‘(A) shall be at least a Commander or civilian 
at level GS–14; and 
‘‘(B) shall be colocated with the Coast Guard 
officer in command of that sector. 
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‘‘(2) The chief of marine safety for a sector— 
‘‘(A) is responsible for all individuals who, on 
behalf of the Coast Guard, inspect or examine ves-
sels, conduct marine casualty investigations, or per-
form other marine safety responsibilities defined in 
section 631(b) in the sector; and 
‘‘(B) if not the Coast Guard officer in command 
of that sector, is the principle advisor to that officers 
regarding marine safety matters in that sector. 
‘‘(c) QUALIFICATIONS.—(1) The Assistant Com-
mandant for Marine Safety and the Chiefs of Marine Safe-
ty of sectors, and all marine safety inspectors, investiga-
tors, examiners, and other professional staff assigned to 
the marine safety program of the Coast Guard, shall be 
appointed on the basis of their— 
‘‘(A) knowledge, skill, and practical experience 
in— 
‘‘(i) the construction and operation of com-
mercial vessels; and 
‘‘(ii) judging the character, strength, sta-
bility, and safety qualities of such vessels and 
their equipment; and 
‘‘(B) knowledge about the qualifications and 
training of vessel personnel. 
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‘‘(2) Marine inspectors shall have the training, expe-
rience, and qualifications equivalent to that required for 
a surveyor of a similar position of a classification society 
recognized by the Secretary under section 3316 of title 
46 for the type of vessel, system, or equipment that is 
inspected. 
‘‘(3) Marine casualty investigators shall have the 
training, experience, and qualifications in investigation, 
accident reconstruction, human factors, and documenta-
tion equivalent to that required for a marine casualty in-
vestigator of the National Transportation Safety Board. 
‘‘(4) The Chief of Marine Safety of a sector shall be 
a qualified marine casualty investigator and marine in-
spector qualified to inspect vessels, vessel systems, and 
equipment commonly found in the sector. 
‘‘(5) Each individual signing a letter of qualification 
for marine safety personnel must hold a letter of qualifica-
tion for the type they are signing. 
‘‘(6) The Assistant Commandant for Marine Safety 
shall be a qualified marine casualty investigator and a ma-
rine inspector qualified for types of vessels, vessel systems, 
and equipment. 
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‘‘§ 58. Limited duty officers 
‘‘(a) ESTABLISHMENT.—The Commandant shall es-
tablish in the Coast Guard a limited duty officer program 
for marine safety. 
‘‘(b) OFFICER ELIGIBILITY.—(1) Only commissioned 
officers in the Coast Guard with grade not above com-
mander and chief warrant officers who have more than 
four years of marine safety experience may serve as lim-
ited duty officers under such program. 
‘‘(2) The Commandant may establish other limita-
tions on eligibility that the Commandant believes are nec-
essary for the good of the marine safety program. 
‘‘(3) Notwithstanding section 41a and chapter 11 of 
this title, the Commandant shall, by regulation, establish 
procedures pertaining to— 
‘‘(A) the promotion of commissioned officers 
and chief warrant officers who serve as limited duty 
officers, including the maintenance of a separate 
promotion list for commissioned officers who serve 
as limited duty officers; 
‘‘(B) the discharge, retirement, and revocation 
of commissions of such officers; and 
‘‘(C) the separation for cause of such officers. 
‘‘(4) The Commandant shall ensure that the proce-
dures promulgated under paragraph (3)(A) encourage a 
specialization in marine safety and do not, in any way, 
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inhibit or prejudice the orderly promotion or advancement 
of commissioned officers and chief warrant officers who 
serve as limited duty officers. 
‘‘(5) The Commandant shall, by regulation, prescribe 
a step increase in the pay system for limited duty officers 
in the marine safety program. 
‘‘(c) RECRUITMENT.—(1) The Commandant shall, by 
regulation, establish procedures pertaining to the recruit-
ment of graduates from the United States Merchant Ma-
rine Academy and the State maritime colleges and individ-
uals holding licenses issued under chapter 71 of title 46 
to serve as limited duty officers. 
‘‘(2) Not later than the date of the submission of the 
President’s budget request under section 1105 of title 31 
for each fiscal year, the Commandant shall submit to the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
on the Coast Guard’s efforts to recruit graduates from the 
United States Merchant Marine Academy and the State 
maritime colleges and individuals holding licenses issued 
under chapter 71 of title 46 to serve as limited duty offi-
cers. The report shall include information on the number 
of graduates recruited, the lengths of service, the retention 
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rates, and other activities undertaken by the Coast Guard 
to sustain or increase the numbers of recruits and officers. 
‘‘§ 59. Center for Expertise for Marine Safety 
‘‘(a) ESTABLISHMENT.—The Commandant of the 
Coast Guard may establish and operate a one or more 
Centers for Expertise for Marine Safety (in this section 
referred to as a ‘Center’). 
‘‘(b) MISSIONS.—The Centers shall— 
‘‘(1) be used to provide and facilitate education, 
training, and research in marine safety including 
vessel inspection and casuality investigation; 
‘‘(2) develop a repository of information on ma-
rine safety; and 
‘‘(3) perform any other missions as the Com-
mandant may specify. 
‘‘(c) JOINT OPERATION WITH EDUCATIONAL INSTI-
TUTION AUTHORIZED.—The Commandant may enter into 
an agreement with an appropriate official of an institution 
of higher education to— 
‘‘(1) provide for joint operation of a Center; 
and 
‘‘(2) provide necessary administrative services 
for a Center, including administration and allocation 
of funds. 
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‘‘(d) ACCEPTANCE OF DONATIONS.—(1) Except as 
provided in paragraph (2), the Commandant may accept, 
on behalf of a Center, donations to be used to defray the 
costs of the Center or to enhance the operation of the Cen-
ter. Those donations may be accepted from any State or 
local government, any foreign government, any foundation 
or other charitable organization (including any that is or-
ganized or operates under the laws of a foreign country), 
or any individual. 
‘‘(2) The Commandant may not accept a donation 
under paragraph (1) if the acceptance of the donation 
would compromise or appear to compromise— 
‘‘(A) the ability of the Coast Guard or the de-
partment in which the Coast Guard is operating, any 
employee of the Coast Guard or the department, or 
any member of the armed forces to carry out any re-
sponsibility or duty in a fair and objective manner; 
or 
‘‘(B) the integrity of any program of the Coast 
Guard, the department in which the Coast Guard is 
operating, or of any person involved in such a pro-
gram. 
‘‘(3) The Commandant shall prescribe written guid-
ance setting forth the criteria to be used in determining 
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