178 
‘‘(b) ORDERS AND AGREEMENTS FOR INDUS-
TRIAL
ACTIVITIES.—Under this section, the 
Coast Guard industrial activities may accept 
orders and enter into reimbursable agree-
ments with establishments, agencies, and de-
partments of the Department of Defense.’’. 
SEC. 203. REIMBURSEMENT FOR MEDICAL-RELATED TRAV-
EL EXPENSES. 
(a) IN GENERAL.—Chapter 13 of title 14, 
United States Code, is amended by adding at 
the end the following: 
‘‘§ 518. Reimbursement for medical-related travel ex-
penses for certain persons residing on is-
lands in the continental United States 
‘‘In any case in which a covered bene-
ficiary (as defined in section 1072(5) of title 
10) resides on an island that is located in the 
48 contiguous States and the District of Co-
lumbia 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 
resides, the Secretary shall reimburse the rea-
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179 
sonable travel expenses of the covered bene-
ficiary and, when accompaniment by an adult 
is necessary, for a parent or guardian of the 
covered beneficiary or another member of the 
covered beneficiary’s family who is at least 21 
years of age.’’. 
(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 residing on islands in the conti-
nental United States.’’. 
SEC. 204. COMMISSIONED OFFICERS. 
(a) ACTIVE DUTY PROMOTION LIST.—Section 
42 of title 14, United States Code, is amended 
to read as follows: 
‘‘§ 42. Number and distribution of commissioned offi-
cers on active duty promotion list 
‘‘(a) MAXIMUM TOTAL NUMBER.—The total 
number of Coast Guard commissioned officers 
on the active duty promotion list, excluding 
warrant officers, shall not exceed 6,700; ex-
cept that the Commandant may temporarily 
increase 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. 
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180 
‘‘(b) 
DISTRIBUTION
PERCENTAGES
BY 
GRADE.— 
‘‘(1) REQUIRED.—The total number of 
commissioned officers authorized by this 
section shall be distributed in grade in 
the following percentages: 0.375 percent 
for rear admiral; 0.375 percent for rear 
admiral (lower half); 6.0 percent for cap-
tain; 15.0 percent for commander; and 
22.0 percent for lieutenant commander. 
‘‘(2) DISCRETIONARY.—The Secretary 
shall prescribe the percentages applica-
ble to the grades of lieutenant, lieutenant 
(junior grade), and ensign. 
‘‘(3) AUTHORITY OF SECRETARY TO RE-
DUCE PERCENTAGE.—The Secretary— 
‘‘(A) may reduce, as the needs of 
the Coast Guard require, any of the 
percentages set forth in paragraph 
(1); and 
‘‘(B) shall apply that total percent-
age reduction to any other lower 
grade 
or 
combination 
of 
lower 
grades. 
‘‘(c) COMPUTATIONS.— 
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181 
‘‘(1) IN GENERAL.—The Secretary shall 
compute, at least once each year, the 
total number of commissioned officers 
authorized to serve in each grade by ap-
plying the grade distribution percentages 
established by or under this section to 
the total number of commissioned offi-
cers listed on the current active duty pro-
motion list. 
‘‘(2) ROUNDING FRACTIONS.—Subject to 
subsection (a), in making the computa-
tions under paragraph (1), any fraction 
shall be rounded to the nearest whole 
number. 
‘‘(3) TREATMENT OF OFFICERS SERVING 
OUTSIDE
COAST
GUARD.—The number of 
commissioned officers on the active duty 
promotion list below the rank of rear ad-
miral (lower half) serving with other Fed-
eral departments or agencies on a reim-
bursable basis or excluded under section 
324(d) of title 49 shall not be counted 
against the total number of commis-
sioned officers authorized to serve in 
each grade. 
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182 
‘‘(d) USE
OF
NUMBERS; TEMPORARY
IN-
CREASES.—The numbers resulting from com-
putations under subsection (c) shall be, for all 
purposes, the authorized number in each 
grade; except that the authorized number for 
a grade is temporarily increased during the 
period between one computation and the next 
by the number of officers originally appointed 
in that grade during that period and the num-
ber of officers of that grade for whom vacan-
cies exist in the next higher grade but whose 
promotion has been delayed for any reason. 
‘‘(e) OFFICERS SERVING COAST GUARD ACAD-
EMY AND RESERVE.—The number of officers au-
thorized to be serving on active duty in each 
grade of the permanent commissioned teach-
ing staff of the Coast Guard Academy and of 
the Reserve serving in connection with orga-
nizing, administering, recruiting, instructing, 
or training the reserve components shall be 
prescribed by the Secretary.’’. 
(b) CLERICAL AMENDMENT.—The analysis 
for chapter 3 of such title is amended by strik-
ing the item relating to section 42 and insert-
ing the following: 
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183 
‘‘42. Number and distribution of commissioned officers on ac-
tive 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 
subparagraph (C); 
(B) by striking the period at the 
end of subparagraph (D) and insert-
ing ‘‘; and’’; and 
(C) by inserting at the end the fol-
lowing: 
‘‘(E) the Assistant Commandant of 
the Coast Guard for Human Re-
sources.’’; and 
(3) by adding at the end of paragraph 
(6) the following: 
‘‘(E) The Master Chief Petty Offi-
cer of the Coast Guard.’’. 
(b) CONFORMING AMENDMENTS.—(1) Section 
2772 of title 10, United States Code, is amend-
ed— 
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184 
(A) in subsection (a) by inserting ‘‘or, 
in the case of the Coast Guard, the Com-
mandant’’ after ‘‘concerned’’; and 
(B) by striking subsection (c). 
(2) Section 1007(i) of title 37, United States 
Code, is amended— 
(A) in paragraph (3) by inserting ‘‘or, 
in the case of the Coast Guard, the Com-
mandant’’ after ‘‘Secretary of Defense’’; 
(B) by striking paragraph (4); and 
(C) by redesignating paragraph (5) as 
paragraph (4). 
SEC. 206. GRANTS TO INTERNATIONAL MARITIME ORGANI-
ZATIONS. 
Section 149 of title 14, United States Code, 
is amended by adding at the end the fol-
lowing: 
‘‘(c) GRANTS TO INTERNATIONAL MARITIME 
ORGANIZATIONS.—After consultation with the 
Secretary of State, the Commandant may 
make grants to, or enter into cooperative 
agreements, contracts, or other agreements 
with, international maritime organizations 
for the purpose of acquiring information or 
data about merchant vessel inspections, secu-
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185 
rity, safety, classification, and port State or 
flag State law enforcement or oversight.’’. 
SEC. 207. EMERGENCY LEAVE RETENTION AUTHORITY. 
(a) IN GENERAL.—Chapter 11 of title 14, 
United States Code, is amended by inserting 
after section 425 the following: 
‘‘§ 426. Emergency leave retention authority 
‘‘With regard to a member of the Coast 
Guard who serves on active duty, a duty as-
signment in support of a declaration of a 
major disaster or emergency by the President 
under the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 
et seq.) shall be treated, for the purpose of 
section 701(f)(2) of title 10, a duty assignment 
in support of a contingency operation.’’. 
(b) CLERICAL AMENDMENT.—The analysis 
for such chapter is amended by inserting 
after the item relating to section 425 the fol-
lowing new item: 
‘‘426. Emergency leave retention authority.’’. 
SEC. 208. ENFORCEMENT AUTHORITY. 
(a) IN GENERAL.—Chapter 5 of title 14, 
United States Code, is amended by adding at 
the end the following: 
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186 
‘‘§ 99. Enforcement authority 
‘‘Subject to guidelines approved by the 
Secretary, members of the Coast Guard, in the 
performance of official duties, may— 
‘‘(1) carry a firearm; and 
‘‘(2) while at a facility (as defined in 
section 70101 of title 46)— 
‘‘(A) make an arrest without war-
rant for any offense against the 
United States; and 
‘‘(B) seize property as otherwise 
provided by law.’’. 
(b) CONFORMING REPEAL.—The first sec-
tion added to title 46, United States Code, by 
the amendment made by subsection (a) of sec-
tion 801 of the Coast Guard and Maritime 
Transportation Act of 2004 (118 Stat. 1078), 
and the item relating to such first section en-
acted by the amendment made by subsection 
(b) of such section 801, are repealed. 
(c) CLERICAL AMENDMENT.—The analysis 
for such chapter is amended by adding at the 
end the following: 
‘‘99. Enforcement authority.’’. 
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187 
SEC. 209. REPEAL. 
Section 216 of title 14, United States Code, 
and the item relating to such section in the 
analysis for chapter 11 of such title, are re-
pealed. 
SEC. 210. ADMIRALS AND VICE ADMIRALS. 
(a) VICE COMMANDANT.—Section 47 of title 
14, United States Code, is amended by strik-
ing ‘‘vice admiral’’ and inserting ‘‘admiral’’. 
(b) VICE ADMIRALS.—Section 50 of title 14, 
United States Code, is amended to read as fol-
lows: 
‘‘§ 50. Vice admirals 
‘‘(a)(1) The President may designate 4 po-
sitions of importance and responsibility that 
shall be held by officers who— 
‘‘(A) while so serving, shall have the 
grade of vice admiral, with the pay and 
allowances of that grade; and 
‘‘(B) shall perform any duties as the 
Commandant may prescribe. 
‘‘(2) The 4 vice admiral positions author-
ized under paragraph (1) are, respectively, 
the following: 
‘‘(A) The Deputy Commandant for 
Mission Support. 
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188 
‘‘(B) The Deputy Commandant for Na-
tional Operations and Policy. 
‘‘(C) The Commander, Force Readi-
ness Command. 
‘‘(D) 
The 
Commander, 
Operations 
Command. 
‘‘(3) The President may appoint, by and 
with the advice and consent of the Senate, 
and reappoint, by and with the advice and 
consent of the Senate, to each of the positions 
designated under paragraph (1) an officer of 
the Coast Guard who is serving on active duty 
above the grade of captain. The Commandant 
shall make recommendations for those ap-
pointments. 
‘‘(b)(1) The appointment and the grade of 
vice admiral under this section shall be effec-
tive on the date the officer assumes that duty 
and, except as provided in paragraph (2) of 
this subsection or in section 51(d) of this title, 
shall terminate on the date the officer is de-
tached from that duty. 
‘‘(2) An officer who is appointed to a posi-
tion designated under subsection (a) shall 
continue to hold the grade of vice admiral— 
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189 
‘‘(A) while under orders transferring 
the officer to another position designated 
under subsection (a), beginning on the 
date the officer is detached from duty 
and terminating on the date before the 
day the officer assumes the subsequent 
duty, but not for more than 60 days; 
‘‘(B) while hospitalized, beginning on 
the day of the hospitalization and ending 
on the day the officer is discharged from 
the hospital, but not for more than 180 
days; and 
‘‘(C) while awaiting retirement, begin-
ning on the date the officer is detached 
from duty and ending on the day before 
the officer’s retirement, but not for more 
than 60 days. 
‘‘(c)(1) An appointment of an officer under 
subsection (a) does not vacate the permanent 
grade held by the officer. 
‘‘(2) An officer serving in a grade above 
rear admiral who holds the permanent grade 
of rear admiral (lower half) shall be consid-
ered for promotion to the permanent grade of 
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190 
rear admiral as if the officer was serving in 
the officer’s permanent grade. 
‘‘(d) Whenever a vacancy occurs in a posi-
tion designated under subsection (a), the 
Commandant shall inform the President of 
the qualifications needed by an officer serv-
ing in that position to carry out effectively the 
duties and responsibilities of that position.’’. 
(c) REPEAL.—Section 50a of title 14, United 
States Code, is repealed. 
(d) 
CONFORMING
AMENDMENT.—Section 
51(d)(2) of that title is amended by striking 
‘‘Area Commander, or Chief of Staff’’ and in-
serting ‘‘or Vice Admirals’’. 
(e) CLERICAL AMENDMENTS.— 
(1) The heading for section 47 of that 
title is amended by striking ‘‘assignment’’ 
and inserting ‘‘appointment’’. 
(2) The table of sections at the begin-
ning of chapter 3 of that title is amend-
ed— 
(A) by striking the item relating 
to section 47 and inserting the fol-
lowing: 
‘‘47. Vice Commandant; appointment.’’; 
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191 
(B) by striking the item relating 
to section 50 and inserting the fol-
lowing: 
‘‘50. Vice admirals.’’; 
and 
(C) by striking the item relating 
to section 50a. 
(f) TECHNICAL CORRECTION.—Section 47 of 
that title is further amended in the fifth sen-
tence by striking ‘‘subsection’’ and inserting 
‘‘section’’. 
SEC. 211. MERCHANT MARINER MEDICAL ADVISORY COM-
MITTEE. 
(a) IN GENERAL.—Chapter 71 of title 46, 
United States Code, is amended by adding at 
the end the following new section: 
‘‘§ 7115. Merchant Mariner Medical Advisory Com-
mittee 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—There is established 
a Merchant Mariner Medical Advisory 
Committee (in this section referred to as 
the ‘Committee’). 
‘‘(2) FUNCTIONS.—The Committee shall 
advise the Secretary on matters relating 
to— 
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192 
‘‘(A) medical certification deter-
minations for issuance of merchant 
mariner credentials; 
‘‘(B) medical standards and guide-
lines for the physical qualifications of 
operators of commercial vessels; 
‘‘(C) medical examiner education; 
and 
‘‘(D) medical research. 
‘‘(b) MEMBERSHIP.— 
‘‘(1) 
IN
GENERAL.—The 
Committee 
shall consist of twelve members, none of 
whom is a Federal employee, and shall 
include— 
‘‘(A) ten who are health-care pro-
fessionals with particular expertise, 
knowledge, or experience regarding 
the medical examinations of mer-
chant mariners or occupational medi-
cine; and 
‘‘(B) two who are professional 
mariners with knowledge and experi-
ence in mariner occupational require-
ments. 
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193 
‘‘(2) STATUS OF MEMBERS.—Members of 
the Committee shall not be considered 
Federal employees or otherwise in the 
service or the employment of the Federal 
Government, except that members shall 
be considered special Government em-
ployees, as defined in section 202(a) of 
title 18, United States Code, and shall be 
subject to any administrative standards 
of conduct applicable to the employees of 
the department in which the Coast Guard 
is operating. 
‘‘(c) APPOINTMENTS; TERMS; VACANCIES.— 
‘‘(1) 
APPOINTMENTS.—The 
Secretary 
shall appoint the members of the Com-
mittee, and each member shall serve at 
the pleasure of the Secretary. 
‘‘(2) TERMS.—Each member shall be 
appointed for a term of three years, ex-
cept that, of the members first appointed, 
three members shall be appointed for a 
term of two years and three members 
shall be appointed for a term of one year. 
‘‘(3) 
VACANCIES.—Any 
member 
ap-
pointed to fill the vacancy prior to the ex-
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194 
piration of the term for which that mem-
ber’s predecessor was appointed shall be 
appointed for the remainder of that term. 
‘‘(d) CHAIRMAN AND VICE CHAIRMAN.—The 
Secretary shall designate one member of the 
Committee as the Chairman and one member 
as the Vice Chairman. The Vice Chairman 
shall act as Chairman in the absence or inca-
pacity of, or in the event of a vacancy in the 
office of, the Chairman. 
‘‘(e) 
COMPENSATION; 
REIMBURSEMENT.— 
Members of the Committee shall serve with-
out compensation, except that, while engaged 
in the performance of duties away from their 
homes or regular places of business of the 
member, the member of the Committee may 
be allowed travel expenses, including per 
diem in lieu of subsistence, as authorized by 
section 5703 of title 5. 
‘‘(f) STAFF; SERVICES.—The Secretary shall 
furnish to the Committee the personnel and 
services as are considered necessary for the 
conduct of its business.’’. 
(b) FIRST
MEETING.—No later than six 
months after the date of enactment of this 
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195 
Act, the Merchant Mariner Medical Advisory 
Committee established by the amendment 
made by this section shall hold its first meet-
ing. 
(c) CLERICAL AMENDMENT.—The analysis 
for chapter 71 of that title is amended by add-
ing at the end the following: 
‘‘7115. Merchant Mariner Medical Advisory Committee.’’. 
SEC. 212. RESERVE COMMISSIONED WARRANT OFFICER TO 
LIEUTENANT PROGRAM. 
Section 214(a) of title 14, United States 
Code, is amended to read as follows: 
‘‘(a) The president may appoint temporary 
commissioned officers— 
‘‘(1) in the Regular Coast Guard in a 
grade, not above lieutenant, appropriate 
to their qualifications, experience, and 
length of service, as the needs of the 
Coast Guard may require, from among 
the commissioned warrant officers, war-
rant officers, and enlisted members of the 
Coast Guard, and from holders of licenses 
issued under chapter 71 of title 46; and 
‘‘(2) in the Coast Guard Reserve in a 
grade, not above lieutenant, appropriate 
to their qualifications, experience, and 
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196 
length of service, as the needs of the 
Coast Guard may require, from among 
the commissioned warrant officers of the 
Coast Guard Reserve.’’. 
SEC. 213. ENHANCED STATUS QUO OFFICER PROMOTION 
SYSTEM. 
Chapter 11 of title 14, United States Code, 
is amended— 
(1) in section 253(a)— 
(A) by inserting ‘‘and’’ after ‘‘con-
sidered,’’; and 
(B) by striking ‘‘, and the number 
of officers the board may recommend 
for promotion’’; 
(2) in section 258— 
(A) by inserting ‘‘(a) IN GENERAL.— 
’’ before the existing text; 
(B) in subsection (a) (as so des-
ignated) by striking the colon at the 
end of the material preceding para-
graph (1) and inserting ‘‘—’’; and 
(C) by adding at the end the fol-
lowing: 
‘‘(b) PROVISION
OF DIRECTION
AND GUID-
ANCE.— 
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197 
‘‘(1) In addition to the information 
provided pursuant to subsection (a), the 
Secretary 
may 
furnish 
the 
selection 
board— 
‘‘(A) specific direction relating to 
the needs of the Coast Guard for offi-
cers having particular skills, includ-
ing direction relating to the need for 
a minimum number of officers with 
particular skills within a specialty; 
and 
‘‘(B) any other guidance that the 
Secretary believes may be necessary 
to enable the board to properly per-
form its functions. 
‘‘(2) Selections made based on the di-
rection and guidance provided under this 
subsection shall not exceed the maximum 
percentage of officers who may be se-
lected from below the announced pro-
motion zone at any given selection board 
convened under section 251 of this title.’’; 
(3) in section 259(a), by inserting 
after ‘‘whom the board’’ the following: ‘‘, 
giving due consideration to the needs of 
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198 
the Coast Guard for officers with par-
ticular skills so noted in specific direc-
tion furnished to the board by the Sec-
retary under section 258 of this title,’’; 
and 
(4) in section 260(b), by inserting 
after ‘‘qualified for promotion’’ the fol-
lowing: ‘‘to meet the needs of the service 
(as noted in specific direction furnished 
the board by the Secretary under section 
258 of this title)’’. 
SEC. 214. LASER TRAINING SYSTEM. 
(a) IN GENERAL.—Within one year after the 
date of enactment of this Act, the Secretary of 
the department in which the Coast Guard 
shall test an integrated laser engagement sys-
tem for the training of members of the Coast 
Guard assigned to small vessels in the use of 
individual weapons and machine guns on 
those vessels. The test shall be conducted on 
vessels on the Great Lakes using similar laser 
equipment used by other Federal agencies. 
However, that equipment shall be adapted for 
use in the marine environment. 
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199 
(b) REPORT.—The Secretary shall submit a 
report to Congress within 6 months after the 
conclusions of the test required under sub-
section (a) on the costs and benefits of using 
the system regionally and nationwide to train 
members of the Coast Guard in the use of in-
dividual weapons and machine guns. 
SEC. 215. COAST GUARD VESSELS AND AIRCRAFT. 
(a) AUTHORITY TO FIRE AT OR INTO A VES-
SEL.—Section 637(c) of title 14, United States 
Code, is amended— 
(1) in paragraph (1), by striking ‘‘; or’’ 
and inserting a semicolon; 
(2) in paragraph (2), by striking the 
period at the end and inserting ‘‘; or’’; 
and 
(3) by adding at the end the fol-
lowing: 
‘‘(3) any other vessel or aircraft 
owned by a government and used for 
noncommercial service when— 
‘‘(A) the vessel or aircraft is under 
the tactical control of the Coast 
Guard; and 
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200 
‘‘(B) at least one member of the 
Coast Guard is assigned and con-
ducting a Coast Guard mission on the 
vessel or aircraft.’’. 
(b) AUTHORITY TO DISPLAY COAST GUARD 
ENSIGNS AND PENNANTS.—Section 638(a) of title 
14, United States Code, is amended by strik-
ing ‘‘Coast Guard vessels and aircraft’’ and in-
serting ‘‘Vessels and aircraft authorized by 
the Secretary’’. 
SEC. 216. COAST GUARD DISTRICT OMBUDSMEN. 
(a) IN GENERAL.—Chapter 3 of title 14, 
United States Code, is amended by adding at 
the end the following new section: 
‘‘§ 55. District Ombudsmen 
‘‘(a) IN GENERAL.—The Commandant may 
appoint in each Coast Guard District a Dis-
trict Ombudsman to serve as a liaison be-
tween representatives of port stakeholders, 
including the Area Maritime Security Advi-
sory Committees required by section 70112 of 
title 46 and the Coast Guard. 
‘‘(b) PURPOSES.—The purposes of the Dis-
trict Ombudsman shall be the following: 
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‘‘(1) To support the operations of the 
Coast Guard in each port in the District 
for which the District Ombudsman is ap-
pointed. 
‘‘(2) To improve communications be-
tween and among port stakeholders in-
cluding, but not limited to, port and ter-
minal operators, ship owners, labor rep-
resentatives, and the Coast Guard. 
‘‘(3) To ensure timely resolution of 
disputes between the Coast Guard and all 
petitioners regarding requirements im-
posed or services provided by the Coast 
Guard. 
‘‘(c) FUNCTIONS.— 
‘‘(1) 
INVESTIGATIONS.—The 
District 
Ombudsman may investigate complaints 
brought to the attention of the District 
Ombudsman by a petitioner operating in 
a port provided such a complaint is not 
the subject of an administrative, civil, or 
criminal investigation or other legal pro-
ceeding and provided the District Om-
budsman receives no benefit, either di-
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rect or indirect, from the outcome of the 
complaint. 
‘‘(2) GUIDELINES FOR DISPUTES.— 
‘‘(A) 
IN
GENERAL.—The 
Com-
mandant of the Coast Guard shall de-
velop guidelines regarding disputes 
with respect to which the District 
Ombudsman will provide assistance. 
‘‘(B) 
LIMITATION.—The 
District 
Ombudsman shall not provide assist-
ance with respect to a dispute if such 
a dispute is the subject of an adminis-
trative, civil, or criminal investiga-
tion or other legal proceeding or if 
the District Ombudsman receives a 
benefit, either direct or indirect, from 
the outcome of the dispute. 
‘‘(C) PRIORITY.—In providing such 
assistance, the District Ombudsman 
shall 
give 
priority 
to 
complaints 
brought by petitioners who will suf-
fer a significant hardship as the re-
sult of implementing a Coast Guard 
requirement or being denied a Coast 
Guard service. 
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203 
‘‘(3) CONSULTATION.—The District Om-
budsman may consult with any Coast 
Guard personnel who can aid in the in-
vestigation of a complaint provided such 
persons are reasonably available. 
‘‘(4) ACCESS
TO
INFORMATION.—Unless 
otherwise prohibited by law or regula-
tion, the District Ombudsman shall have 
access to any document, including any 
record or report, that will aid the District 
Ombudsman in obtaining the information 
needed to conduct an investigation of a 
compliant. 
‘‘(5) REPORTS.—At the conclusion of an 
investigation, the District Ombudsman 
shall submit a report on the findings and 
recommendations of the District Ombuds-
man, to the Commander of the District in 
which the petitioner who brought the 
complaint is located or operating. 
‘‘(6) DEADLINE.—The District Ombuds-
man shall seek to resolve each complaint 
brought in accordance with the guide-
lines— 
‘‘(A) in a timely fashion; and 
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204 
‘‘(B) to the maximum extent prac-
ticable, not later than 4 months after 
the complaint is officially accepted by 
the District Ombudsman. 
‘‘(d) 
APPOINTMENT.—The 
Commandant 
shall appoint as the District Ombudsman an 
appropriately cleared civilian who has experi-
ence in port and transportation systems and 
knowledge of port operations or of maritime 
commerce (or both). 
‘‘(e) 
ANNUAL
REPORTS.—The 
Secretary 
shall report annually to the Committees on 
Homeland Security and Transportation and 
Infrastructure of the House of Representa-
tives and the Committee on Commerce, 
Science, and Transportation of the Senate on 
the matters brought before the District Om-
budsmen, including— 
‘‘(1) the number of matters brought 
before each District Ombudsman; 
‘‘(2) a brief summary of each such 
matter; and 
‘‘(3) the eventual resolution of each 
such matter.’’. 
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205 
(b) CLERICAL AMENDMENT.—The analysis at 
the beginning of such chapter is amended by 
adding at the end the following new item: 
‘‘55. District Ombudsmen.’’. 
TITLE III—SHIPPING AND 
NAVIGATION 
SEC. 301. VESSEL SIZE LIMITS. 
(a) LENGTH, TONNAGE, AND HORSEPOWER.— 
Section 12113(d)(2) of title 46, United States 
Code, is amended— 
(1) by inserting ‘‘and’’ after the semi-
colon at the end of subparagraph (A)(i); 
(2) by striking ‘‘and’’ at the end of 
subparagraph (A)(ii); 
(3) by striking subparagraph (A)(iii); 
(4) by striking the period at the end 
of subparagraph (B) and inserting ‘‘; or’’; 
and 
(5) by inserting at the end the fol-
lowing: 
‘‘(C) the vessel is either a rebuilt 
vessel or a replacement vessel under 
section 208(g) of the American Fish-
eries Act (title II of division C of Pub-
lic Law 105–277; 112 Stat. 2681–627) 
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and is eligible for a fishery endorse-
ment under this section.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) VESSEL
REBUILDING
AND
REPLACE-
MENT.—Section 208(g) of the American 
Fisheries Act (title II of division C of 
Public Law 105–277; 112 Stat. 2681–627) is 
amended to read as follows: 
‘‘(g) VESSEL
REBUILDING
AND
REPLACE-
MENT.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REBUILD
OR
REPLACE.—Not-
withstanding any limitation to the 
contrary on replacing, rebuilding, or 
lengthening vessels or transferring 
permits or licenses to a replacement 
vessel contained in sections 679.2 and 
679.4 of title 50, Code of Federal Reg-
ulations, as in effect on the date of 
enactment of the Coast Guard Au-
thorization Act of 2007 and except as 
provided in paragraph (4), the owner 
of a vessel eligible under subsection 
(a), (b), (c), (d), or (e) (other than 
paragraph (21)), in order to improve 
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207 
vessel safety and operational effi-
ciencies (including fuel efficiency), 
may rebuild or replace that vessel (in-
cluding fuel efficiency) with a vessel 
documented with a fishery endorse-
ment under section 12113 of title 46, 
United States Code. 
‘‘(B) SAME REQUIREMENTS.—The re-
built or replacement vessel shall be 
eligible in the same manner and sub-
ject to the same restrictions and limi-
tations under such subsection as the 
vessel being rebuilt or replaced. 
‘‘(C) TRANSFER OF PERMITS AND LI-
CENSES.—Each fishing permit and li-
cense held by the owner of a vessel or 
vessels to be rebuilt or replaced 
under subparagraph (A) shall be 
transferred to the rebuilt or replace-
ment vessel. 
‘‘(2) RECOMMENDATIONS OF NORTH PA-
CIFIC COUNCIL.—The North Pacific Coun-
cil may recommend for approval by the 
Secretary such conservation and manage-
ment measures, including size limits and 
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208 
measures to control fishing capacity, in 
accordance with the Magnuson-Stevens 
Act as it considers necessary to ensure 
that this subsection does not diminish 
the effectiveness of fishery management 
plans of the Bering Sea and Aleutian Is-
lands Management Area or the Gulf of 
Alaska. 
‘‘(3) SPECIAL
RULE
FOR
REPLACEMENT 
OF CERTAIN VESSELS.— 
‘‘(A) 
IN
GENERAL.—Notwith-
standing the requirements of sub-
sections (b)(2), (c)(1), and (c)(2) of sec-
tion 12113 of title 46, United States 
Code, a vessel that is eligible under 
subsection (a), (b), (c), (d), or (e) 
(other than paragraph (21)) and that 
qualifies to be documented with a 
fishery endorsement pursuant to sec-
tion 203(g) or 213(g) may be replaced 
with a replacement vessel under 
paragraph (1) if the vessel that is re-
placed is validly documented with a 
fishery endorsement pursuant to sec-
tion 203(g) or 213(g) before the re-
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209 
placement vessel is documented with 
a fishery endorsement under section 
12113 of title 46, United States Code. 
‘‘(B) 
APPLICABILITY.—A 
replace-
ment vessel under subparagraph (A) 
and its owner and mortgagee are sub-
ject to the same limitations under 
section 203(g) or 213(g) that are appli-
cable to the vessel that has been re-
placed and its owner and mortgagee. 
‘‘(4) SPECIAL RULES FOR CERTAIN CATCH-
ER VESSELS.— 
‘‘(A) IN
GENERAL.—A replacement 
for a covered vessel described in sub-
paragraph (B) is prohibited from har-
vesting fish in any fishery (except for 
the Pacific whiting fishery) managed 
under the authority of any regional 
fishery management council (other 
than the North Pacific Council) estab-
lished under section 302(a) of the 
Magnuson-Stevens Act. 
‘‘(B) COVERED VESSELS.—A covered 
vessel referred to in subparagraph 
(A) is— 
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210 
‘‘(i) a vessel eligible under 
subsection (a), (b), or (c) that is 
replaced under paragraph (1); or 
‘‘(ii) a vessel eligible under 
subsection (a), (b), or (c) that is 
rebuilt to increase its registered 
length, gross tonnage, or shaft 
horsepower. 
‘‘(5) LIMITATION ON FISHERY ENDORSE-
MENTS.—Any vessel that is replaced under 
this subsection shall thereafter not be eli-
gible for a fishery endorsement under 
section 12113 of title 46, United States 
Code, unless that vessel is also a replace-
ment vessel described in paragraph (1). 
‘‘(6) GULF OF ALASKA LIMITATION.—Not-
withstanding paragraph (1), the Sec-
retary shall prohibit from participation 
in the groundfish fisheries of the Gulf of 
Alaska any vessel that is rebuilt or re-
placed under this subsection and that ex-
ceeds the maximum length overall speci-
fied on the license that authorizes fishing 
for groundfish pursuant to the license 
limitation program under part 679 of title 
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211 
50, Code of Federal Regulations, as in ef-
fect on the date of enactment of the Coast 
Guard Authorization Act of 2007. 
‘‘(7) AUTHORITY OF PACIFIC COUNCIL.— 
Nothing in this section shall be construed 
to diminish or otherwise affect the au-
thority of the Pacific Council to rec-
ommend to the Secretary conservation 
and management measures to protect 
fisheries under its jurisdiction (including 
the Pacific whiting fishery) and partici-
pants in such fisheries from adverse im-
pacts caused by this Act.’’. 
(2) EXEMPTION OF CERTAIN VESSELS.— 
Section 203(g) of the American Fisheries 
Act (title II of division C of Public Law 
105–277; 112 Stat. 2681–620) is amended— 
(A) 
by 
inserting 
‘‘and’’ 
after 
‘‘(United 
States 
official 
number 
651041)’’; 
(B) by striking ‘‘, NORTHERN 
TRAVELER (United States official 
number 
635986), 
and 
NORTHERN 
VOYAGER 
(United 
States 
official 
number 637398) (or a replacement 
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212 
vessel for the NORTHERN VOYAGER 
that complies with paragraphs (2), 
(5), and (6) of section 208(g) of this 
Act)’’; and 
(C) by striking ‘‘, in the case of 
the NORTHERN’’ and all that follows 
through ‘‘PHOENIX,’’. 
(3) FISHERY
COOPERATIVE
EXIT
PROVI-
SIONS.—Section 210(b) of the American 
Fisheries Act (title II of division C of 
Public Law 105–277; 112 Stat. 2681–629) is 
amended— 
(A) by moving the matter begin-
ning with ‘‘the Secretary shall’’ in 
paragraph (1) 2 ems to the right; 
(B) by adding at the end the fol-
lowing: 
‘‘(7) FISHERY COOPERATIVE EXIT PROVI-
SIONS.— 
‘‘(A) FISHING
ALLOWANCE
DETER-
MINATION.—For 
purposes 
of 
deter-
mining the aggregate percentage of 
directed fishing allowances under 
paragraph (1), when a catcher vessel 
is removed from the directed pollock 
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213 
fishery, the fishery allowance for pol-
lock for the vessel being removed— 
‘‘(i) shall be based on the 
catch history determination for 
the vessel made pursuant to sec-
tion 679.62 of title 50, Code of 
Federal Regulations, as in effect 
on the date of enactment of the 
Coast Guard Authorization Act of 
2007; and 
‘‘(ii) shall be assigned, for all 
purposes under this title, in the 
manner specified by the owner of 
the vessel being removed to any 
other catcher vessel or among 
other 
catcher 
vessels 
partici-
pating in the fishery cooperative 
if such vessel or vessels remain in 
the fishery cooperative for at 
least one year after the date on 
which the vessel being removed 
leaves the directed pollock fish-
ery. 
‘‘(B) ELIGIBILITY
FOR
FISHERY
EN-
DORSEMENT.—Except as provided in 
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subparagraph (C), a vessel that is re-
moved pursuant to this paragraph 
shall be permanently ineligible for a 
fishery endorsement, and any claim 
(including relating to catch history) 
associated with such vessel that could 
qualify any owner of such vessel for 
any permit to participate in any fish-
ery within the exclusive economic 
zone of the United States shall be ex-
tinguished, unless such removed ves-
sel is thereafter designated to replace 
a vessel to be removed pursuant to 
this paragraph. 
‘‘(C) LIMITATIONS
ON
STATUTORY 
CONSTRUCTION.—Nothing in this para-
graph shall be construed— 
‘‘(i) to make the vessels AJ 
(United States official number 
905625), DONA MARTITA (United 
States official number 651751), 
NORDIC 
EXPLORER 
(United 
States official number 678234), 
and PROVIDIAN (United States 
official number 1062183) ineli-
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