TITLE X—APPEALS TO NATIONAL TRANSPORTATION SAFETY 
BOARD 
Sec. 1001. Rights of appeal regarding licenses, certificates of registry, and mer-
chant mariners’ documents. 
Sec. 1002. Authorities of National Transportation Safety Board. 
Sec. 1003. Transfer of pending appeals to the National Transportation Safety 
Board. 
Sec. 1004. Rulemaking requirements. 
Sec. 1005. Administrative Law Judge recruiting program. 
TITLE XI—MARINE SAFETY 
Sec. 1101. Marine safety. 
Sec. 1102. Marine safety staff. 
Sec. 1103. Marine safety mission priorities and long term goals. 
Sec. 1104. Powers and duties. 
Sec. 1105. Appeals and waivers. 
Sec. 1106. Coast Guard Academy. 
Sec. 1107. Geographic stability. 
Sec. 1108. Apprentice program. 
Sec. 1109. Report regarding civilian marine inspectors. 
TITLE XII—ADDITIONAL MISCELLANEOUS PROVISIONS 
Sec. 1201. Mission requirement analysis for navigable portions of the Rio 
Grande River, Texas, international water boundary. 
Sec. 1202. Operation of submersible or semi-submersible vessel without nation-
ality. 
Sec. 1203. Legal authority of the coast guard to carry out its homeland secu-
rity missions not impaired. 
DIVISION B—ALIEN SMUGGLING AND TERRORISM PREVENTION 
ACT OF 2008 
Sec. 101. Short title. 
Sec. 102. Findings. 
Sec. 103. Checks against terrorist watchlist. 
Sec. 104. Strengthening prosecution and punishment of alien smugglers. 
Sec. 105. Maritime law enforcement. 
Sec. 106. Amendment to the sentencing guidelines. 
DIVISION A—COAST GUARD 
AUTHORIZATION ACT OF 2008 
TITLE I—AUTHORIZATION 
SEC. 100. SHORT TITLE. 
This division may be cited as the ‘‘Coast Guard Au-
thorization Act of 2008’’.
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
Funds are authorized to be appropriated for fiscal 
year 2008 for necessary expenses of the Coast Guard as 
follows: 
(1) For the operation and maintenance of the 
Coast Guard, $5,965,742,000, of which— 
(A) $24,500,000 is authorized to be de-
rived from the Oil Spill Liability Trust Fund to 
carry out the purposes of section 1012(a)(5) of 
the Oil Pollution Act of 1990 (33 U.S.C. 
2712(a)(5)); 
(B) $631,000,000 shall be available only 
for paying for search and rescue programs; 
(C) $527,000,000 shall be available only 
for paying for marine safety programs; 
(D) $80,500,000 shall be available only for 
paying for operating expenses of the Integrated 
Deepwater System program; and 
(E) $1,523,000,000 shall be available only 
for paying for ports, waterways, and coastal se-
curity. 
(2) For the acquisition, construction, rebuild-
ing, and improvement of aids to navigation, shore 
and offshore facilities, vessels, and aircraft, includ-
ing equipment related thereto, $1,125,083,000, of 
which—
(A) $20,000,000 shall be derived from the 
Oil Spill Liability Trust Fund to carry out the 
purposes of section 1012(a)(5) of the Oil Pollu-
tion Act of 1990, to remain available until ex-
pended; 
(B) $990,444,000 is authorized for the In-
tegrated Deepwater System Program; and 
(C) $44,597,000 is authorized for shore fa-
cilities and aids to navigation. 
(3) To the Commandant of the Coast Guard for 
research, development, test, and evaluation of tech-
nologies, materials, and human factors directly relat-
ing to improving the performance of the Coast 
Guard’s mission in search and rescue, aids to navi-
gation, marine safety, marine environmental protec-
tion, enforcement of laws and treaties, ice oper-
ations, oceanographic research, and defense readi-
ness, $25,000,000, to remain available until ex-
pended, of which $2,000,000 shall be derived from 
the Oil Spill Liability Trust Fund to carry out the 
purposes of section 1012(a)(5) of the Oil Pollution 
Act of 1990. 
(4) For retired pay (including the payment of 
obligations otherwise chargeable to lapsed appropria-
tions for this purpose), payments under the Retired
Serviceman’s Family Protection and Survivor Ben-
efit Plans, and payments for medical care of retired 
personnel and their dependents 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 
administrative costs associated with the Bridge Al-
teration Program, $16,000,000. 
(6) For environmental compliance and restora-
tion at Coast Guard facilities (other than parts and 
equipment associated with operation and mainte-
nance), $13,000,000, to remain available until ex-
pended. 
(7) For the Coast Guard Reserve program, in-
cluding 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 per-
sonnel of 47,000 for the fiscal year ending on September 
30, 2008.
(b) MILITARY TRAINING STUDENT LOADS.—For fis-
cal year 2008, the Coast Guard is authorized average mili-
tary training student loads as follows: 
(1) For recruit and special training, 2,500 stu-
dent years. 
(2) For flight training, 165 student years. 
(3) For professional training in military and ci-
vilian institutions, 350 student years. 
(4) For officer acquisition, 1,200 student years. 
SEC. 103. TRANSFER OF BRIDGE ADMINISTRATION PRO-
GRAM AUTHORITY AND FUNCTIONS. 
(a) TRANSFER.— 
(1) AUTHORITY
AND
FUNCTIONS.—Notwith-
standing section 888(b) of the Homeland Security 
Act of 2002 (6 U.S.C. 468(b)) or any other provi-
sion of law, the authorities of the Secretary of 
Homeland Security to approve the construction, al-
teration, or operation of a bridge, drawbridge, or 
causeway across or over the navigable waters of the 
United States and to require the alteration, repair, 
or removal of that bridge, drawbridge, or causeway, 
pursuant 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 International Bridge Act of 1972 (60 Stat. 
847; 33 U.S.C. 525 et seq.), and the functions re-
lated thereto, are hereby transferred to the Sec-
retary of Transportation. 
(2) TRANSFER AND ADMINISTRATION OF BAL-
ANCES.—Any unobligated balances of prior appro-
priations provided for the alteration of bridges are 
transferred and shall be available to the Secretary of 
Transportation to carry out the functions and au-
thorities 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 fol-
lowing: 
‘‘§ 153. Appointment of judges 
‘‘The Secretary may appoint civilian employees of the 
Department in which the Coast Guard is operating as ap-
pellate 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 INDUSTRIAL 
ACTIVITIES.—Under this section, the Coast Guard indus-
trial activities may accept orders and enter into reimburs-
able agreements with establishments, agencies, and de-
partments of the Department of Defense.’’. 
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 fol-
lowing: 
‘‘§ 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 beneficiary (as de-
fined in section 1072(5) of title 10) resides on an island 
that is located in the 48 contiguous States and the District 
of Columbia and that lacks public access roads to the 
mainland and is referred by a primary care physician to 
a specialty care provider (as defined in section 1074i(b) 
of title 10) on the mainland who provides services less
than 100 miles from the location where the beneficiary re-
sides, the Secretary shall reimburse the reasonable travel 
expenses of the covered beneficiary and, when accompani-
ment by an adult is necessary, for a parent or guardian 
of the covered beneficiary or another member of the cov-
ered beneficiary’s family who is at least 21 years of age.’’. 
(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 certain persons re-
siding 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 fol-
lows: 
‘‘§ 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 commis-
sioned officers authorized by this section shall be
distributed in grade in the following percentages: 
0.375 percent for rear admiral; 0.375 percent for 
rear admiral (lower half); 6.0 percent for captain; 
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 REDUCE 
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 percentage re-
duction to any other lower grade or combination 
of lower grades. 
‘‘(c) COMPUTATIONS.— 
‘‘(1) IN GENERAL.—The Secretary shall com-
pute, at least once each year, the total number of 
commissioned officers authorized to serve in each 
grade by applying the grade distribution percentages 
established by or under this section to the total 
number of commissioned officers listed on the cur-
rent active duty promotion list.
‘‘(2) ROUNDING FRACTIONS.—Subject to sub-
section (a), in making the computations under para-
graph (1), any fraction shall be rounded to the near-
est whole number. 
‘‘(3) TREATMENT OF OFFICERS SERVING OUT-
SIDE COAST GUARD.—The number of commissioned 
officers on the active duty promotion list below the 
rank of rear admiral (lower half) serving with other 
Federal departments or agencies on a reimbursable 
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 INCREASES.— 
The numbers resulting from computations under sub-
section (c) shall be, for all purposes, the authorized num-
ber 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 in that grade during that period and 
the number of officers of that grade for whom vacancies 
exist in the next higher grade but whose promotion has 
been delayed for any reason. 
‘‘(e) OFFICERS SERVING COAST GUARD ACADEMY 
AND RESERVE.—The number of officers authorized to be
serving on active duty in each grade of the permanent 
commissioned teaching staff of the Coast Guard Academy 
and of the Reserve serving in connection with organizing, 
administering, recruiting, instructing, or training the re-
serve components shall be prescribed by the Secretary.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 3 of such title is amended by striking the item relating 
to section 42 and inserting 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)— 
(A) by striking ‘‘and’’ at the end of sub-
paragraph (C); 
(B) by striking the period at the end of 
subparagraph (D) and inserting ‘‘; and’’; and 
(C) by inserting at the end the following: 
‘‘(E) the Assistant Commandant of the 
Coast Guard for Human Resources.’’; and 
(3) by adding at the end of paragraph (6) the 
following: