II 
Calendar No. 721 
110TH CONGRESS 
2D SESSION 
H. R. 2830 
IN THE SENATE OF THE UNITED STATES 
APRIL 28, 2008 
Received; read twice and placed on the calendar 
AN ACT 
To authorize appropriations for the Coast Guard for fiscal 
year 2008, to amend the Immigration and Nationality 
Act and title 18, United States Code, to combat the 
crime of alien smuggling and related activities, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. ORGANIZATION OF ACT INTO DIVISIONS; TABLE 
OF CONTENTS. 
(a) DIVISIONS.—This Act is organized into two divi-
sions as follows: 
(1) Division A—Coast Guard Authorization Act 
of 2008. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Organization of Act into divisions; table of contents. 
DIVISION A—COAST GUARD AUTHORIZATION ACT OF 2008 
TITLE I—AUTHORIZATION 
Sec. 100. Short title. 
Sec. 101. Authorization of appropriations. 
Sec. 102. Authorized levels of military strength and training. 
Sec. 103. Transfer of bridge administration program authority and functions. 
TITLE II—COAST GUARD 
Sec. 201. Appointment of civilian Coast Guard judges. 
Sec. 202. Industrial activities. 
Sec. 203. Reimbursement for medical-related travel expenses. 
Sec. 204. Commissioned officers. 
Sec. 205. Coast Guard participation in the Armed Forces Retirement Home 
(AFRH) system. 
Sec. 206. Grants to international maritime organizations. 
Sec. 207. Emergency leave retention authority. 
Sec. 208. Enforcement authority. 
Sec. 209. Repeal. 
Sec. 210. Admirals and Vice Admirals. 
Sec. 211. Merchant Mariner Medical Advisory Committee. 
Sec. 212. Reserve commissioned warrant officer to lieutenant program. 
Sec. 213. Enhanced status quo officer promotion system. 
Sec. 214. Laser Training System. 
Sec. 215. Coast Guard vessels and aircraft. 
Sec. 216. Coast Guard District Ombudsmen. 
Sec. 217. Ensuring contracting with small business concerns and disadvantaged 
business concerns. 
Sec. 218. Assistant Commandant for Port and Waterway Security. 
Sec. 219. Small business procurements. 
Sec. 220. Enforcement of coastwise trade laws. 
Sec. 221. Nomination and appointment of cadets at the Coast Guard Academy. 
Sec. 222. Policy on sexual harassment and sexual violence at the Coast Guard 
Academy. 
Sec. 223. Home port of Coast Guard vessels in Guam. 
TITLE III—SHIPPING AND NAVIGATION 
Sec. 301. Vessel size limits. 
Sec. 302. Goods and services. 
Sec. 303. Seaward extension of anchorage grounds jurisdiction. 
Sec. 304. Maritime Drug Law Enforcement Act amendment-simple possession. 
Sec. 305. Technical amendments to tonnage measurement law. 
Sec. 306. Cold weather survival training. 
Sec. 307. Fishing vessel safety. 
Sec. 308. Mariner records. 
Sec. 309. Deletion of exemption of license requirement for operators of certain 
towing vessels. 
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Sec. 310. Adjustment of liability limits for natural gas deepwater ports. 
Sec. 311. Period of limitations for claims against Oil Spill Liability Trust 
Fund. 
Sec. 312. Log books. 
Sec. 313. Unsafe operation. 
Sec. 314. Approval of survival craft. 
Sec. 315. Safety management. 
Sec. 316. Protection against discrimination. 
Sec. 317. Dry bulk cargo residue. 
Sec. 318. Oil fuel tank protection. 
Sec. 319. Registry endorsement for LNG vessels. 
Sec. 320. Oaths. 
Sec. 321. Duration of credentials. 
Sec. 322. Fingerprinting. 
Sec. 323. Authorization to extend the duration of licenses, certificates of reg-
istry, and merchant mariners’ documents. 
Sec. 324. Merchant mariner documentation. 
Sec. 325. Merchant mariner assistance report. 
Sec. 326. Merchant mariner shortage report. 
Sec. 327. Merchant mariner document standards. 
Sec. 328. Report on Coast Guard determinations. 
Sec. 329. Pilot required. 
Sec. 330. Offshore supply vessels. 
Sec. 331. Recreational vessel operator education and training. 
Sec. 332. Ship emission reduction technology demonstration project. 
Sec. 333. Delegation of authority to classification societies regarding offshore 
facilities. 
Sec. 334. Requirement for pilots to carry and utilize portable electronic naviga-
tional device. 
TITLE IV—MISCELLANEOUS PROVISIONS 
Sec. 401. Certificate of documentation for GALLANT LADY. 
Sec. 402. Waiver. 
Sec. 403. Great Lakes Maritime Research Institute. 
Sec. 404. Conveyance. 
Sec. 405. Crew wages on passenger vessels. 
Sec. 406. Technical corrections. 
Sec. 407. Conveyance of decommissioned Coast Guard Cutter STORIS. 
Sec. 408. Repeal of requirement of license for employment in the business of 
salvaging on the coast of Florida. 
Sec. 409. Right-of-first-refusal for Coast Guard property on Jupiter Island, 
Florida. 
Sec. 410. Conveyance of Coast Guard HU–25 Falcon Jet aircraft. 
Sec. 411. Decommissioned Coast Guard vessels for Haiti. 
Sec. 412. Extension of period of operation of vessel for setting, relocation, or 
recovery of anchors or other mooring equipment. 
Sec. 413. Vessel traffic risk assessments. 
Sec. 414. Vessel MARYLAND INDEPENDENCE. 
Sec. 415. Study of relocation of Coast Guard Sector Buffalo facilities. 
Sec. 416. Conveyance of Coast Guard vessel to Coahoma County, Mississippi. 
Sec. 417. Conveyance of Coast Guard vessel to Warren County, Mississippi. 
Sec. 418. Conveyance of Coast Guard vessel to Washington County, Mississippi. 
Sec. 419. Coast Guard assets for United States Virgin Islands. 
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Sec. 420. Conveyance of the Presque Isle Light Station fresnel lens to Presque 
Isle Township, Michigan. 
Sec. 421. Fishing in South Pacific tuna treaty convention area. 
Sec. 422. Assessment of needs for additional Coast Guard presence in high lati-
tude regions. 
Sec. 423. Study of regional response vessel and salvage capability for Olympic 
Peninsula coast, Washington. 
Sec. 424. Report on projected workload at the Coast Guard Yard in Curtis 
Bay, Maryland. 
Sec. 425. Study of bridges over navigable waters. 
Sec. 426. Limitation on jurisdiction of States to tax certain seamen. 
Sec. 427. Decommissioned Coast Guard vessels for Bermuda. 
Sec. 428. Recreational marine industry. 
Sec. 429. Conveyance of Coast Guard vessels to Nassau County, New York. 
Sec. 430. Newtown Creek, New York City, New York. 
Sec. 431. Land conveyance, Coast Guard property in Marquette County, Michi-
gan, to the City of Marquette, Michigan. 
TITLE V—BALLAST WATER TREATMENT 
Sec. 501. Short title. 
Sec. 502. Declaration of goals and purposes. 
Sec. 503. Ballast water management. 
Sec. 504. National ballast water management information. 
Sec. 505. Ballast water management evaluation and demonstration program. 
Sec. 506. Rapid response plan. 
Sec. 507. Authorization of appropriations. 
TITLE VI—MARITIME POLLUTION PREVENTION 
Sec. 601. Short title. 
Sec. 602. References. 
Sec. 603. Definitions. 
Sec. 604. Applicability. 
Sec. 605. Administration and enforcement. 
Sec. 606. Certificates. 
Sec. 607. Reception facilities. 
Sec. 608. Inspections. 
Sec. 609. Amendments to the protocol. 
Sec. 610. Penalties. 
Sec. 611. Effect on other laws. 
TITLE VII—PORT SECURITY 
Sec. 701. Maritime homeland security public awareness program. 
Sec. 702. Transportation Worker Identification Credential. 
Sec. 703. Study to identify redundant background records checks. 
Sec. 704. Review of interagency operational centers. 
Sec. 705. Maritime security response teams. 
Sec. 706. Coast Guard detection canine team program expansion. 
Sec. 707. Coast Guard port assistance program. 
Sec. 708. Maritime biometric identification. 
Sec. 709. Review of potential threats. 
Sec. 710. Port security pilot. 
Sec. 711. Advance notice of port arrival of significant or fatal incidents involv-
ing U.S. persons. 
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Sec. 712. Safety and security assistance for foreign ports. 
Sec. 713.
Seasonal workers. 
Sec. 714. Comparative risk assessment of vessel-based and facility-based lique-
fied natural gas regasification processes. 
Sec. 715. Pilot Program for fingerprinting of maritime workers. 
Sec. 716. Transportation security cards on vessels. 
Sec. 717. International labor study. 
Sec. 718. Maritime security advisory committees. 
Sec. 719. Seamen’s shoreside access. 
Sec. 720. Waterside security around liquefied natural gas terminals and lique-
fied natural gas tankers. 
Sec. 721. Review of Liquefied Natural Gas Facilities. 
Sec. 722. Use of secondary authentication for transportation security cards. 
Sec. 723. Report on State and local law enforcement augmentation of Coast 
Guard resources with respect to security zones and United 
States ports. 
Sec. 724. Assessment of transportation security card enrollment sites. 
TITLE VIII—COAST GUARD INTEGRATED DEEPWATER PROGRAM 
Sec. 801. Short title. 
Sec. 802. Implementation of Coast Guard Integrated Deepwater Acquisition 
Program. 
Sec. 803. Chief Acquisition Officer. 
Sec. 804. Testing and certification. 
Sec. 805. National Security Cutters. 
Sec. 806. Miscellaneous reports. 
Sec. 807. Use of the Naval Sea Systems Command, the Naval Air Systems 
Command, and the Space and Naval Warfare Systems Com-
mand to assist the Coast Guard in exercising technical author-
ity for the Deepwater Program and other Coast Guard acquisi-
tion programs. 
Sec. 808. Definitions. 
TITLE IX—MINORITY SERVING INSTITUTIONS 
Sec. 901. MSI Management Internship Program. 
Sec. 902. MSI initiatives. 
Sec. 903. Coast Guard-MSI Cooperative Technology Program. 
Sec. 904. Definition. 
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. 
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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 
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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 
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(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 
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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. 
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(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 
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