377 
‘‘(i) kill, contain, and remove 
an aquatic nuisance species, at 
any time; and 
‘‘(ii) direct or monitor all Fed-
eral, State, and private actions to 
kill, contain, and remove the 
aquatic nuisance species. 
‘‘(2) ACTIONS IN ACCORDANCE WITH NA-
TIONAL RAPID RESPONSE PLAN.—Each Fed-
eral agency, State, owner or operator, or 
other person participating in efforts 
under this subsection shall act in accord-
ance 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 Nuisance Prevention and Control Act 
of 1990 (16 U.S.C. 4741(a)) is amended— 
(1) by striking ‘‘and’’ after the semi-
colon in paragraph (4)(B); 
(2) by striking the period at the end 
of paragraph (5)(B) and inserting a semi-
colon; and 
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(3) by adding at the end the fol-
lowing: 
‘‘(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 fiscal years 2008 through 2013 to carry 
out section 1102(f); 
‘‘(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—ALIEN SMUGGLING 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Maritime 
Law Enforcement Improvement Act of 2007’’. 
SEC. 602. MARITIME LAW ENFORCEMENT. 
(a) IN GENERAL.—Subtitle VII of title 46, 
United States Code, is amended by adding at 
the end the following: 
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‘‘CHAPTER 707—MARITIME LAW 
ENFORCEMENT 
‘‘Sec. 
‘‘70701. Offense. 
‘‘70702. Attempt or conspiracy. 
‘‘70703. Affirmative defenses. 
‘‘70704. Penalties. 
‘‘70705. Criminal forfeiture. 
‘‘70706. Civil forfeiture. 
‘‘70707. Extension beyond territorial jurisdiction. 
‘‘70708. Claim of failure to comply with international law; juris-
diction of court. 
‘‘70709. Federal activities. 
‘‘70710. Definitions. 
‘‘§ 70701. Offense 
‘‘It shall be unlawful for any person on 
board a covered vessel to transport or facili-
tate the transportation, harboring, or conceal-
ment of an alien on board such vessel know-
ing or having reason to believe that the alien 
is attempting to unlawfully enter the United 
States. 
‘‘§ 70702. Attempt or conspiracy 
‘‘Any person on board a covered vessel 
who attempts or conspires to commit a viola-
tion of section 70701 shall be subject to the 
same penalties as those prescribed for the vio-
lation, the commission of which was the ob-
ject of the attempt or conspiracy. 
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‘‘§ 70703. Affirmative defenses 
‘‘It is an affirmative defense to a prosecu-
tion under this section, which the defendant 
must prove by a preponderance of the evi-
dence, that— 
‘‘(1)(A) the alien was on board pursu-
ant to a rescue at sea, or was a stowaway; 
or 
‘‘(B) the entry into the United States 
was a necessary response to an imminent 
threat of death or serious bodily injury to 
the alien; 
‘‘(2) the defendant, as soon as reason-
ably practicable, informed the Coast 
Guard of the presence of the alien on the 
vessel and the circumstances of the res-
cue; and 
‘‘(3) the defendant complied with all 
orders given by law enforcement officials 
of the United States. 
‘‘§ 70704. Penalties 
‘‘Any person who commits a violation of 
this chapter shall be imprisoned for not less 
than 3 nor more than 20 years or fined not 
more than $100,000, or both; except that— 
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381 
‘‘(1) in any case in which the violation 
causes serious bodily injury to any per-
son, regardless of where the injury oc-
curs, the person shall be imprisoned for 
not less than 7 nor more than 30 years or 
fined not more than $500,000, or both; 
and 
‘‘(2) in any case in which the violation 
causes or results in the death of any per-
son regardless of where the death occurs, 
the person shall be imprisoned for not 
less than 10 years nor more than life or 
fined not more than $1,000,000, or both. 
‘‘§ 70705. Criminal forfeiture 
‘‘The court, at the time of sentencing a 
person convicted of an offense under this 
chapter, shall order forfeited to the United 
States any vessel used in the offense in the 
same manner and to the same extent as if it 
were a vessel used in an offense under section 
274 of the Immigration and Nationality Act (8 
U.S.C. 1324). 
‘‘§ 70706. Civil forfeiture 
‘‘A vessel that has been used in the com-
mission of a violation of this chapter shall be 
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382 
seized and subject to forfeiture in the same 
manner and to the same extent as if it were 
used in the commission of a violation of sec-
tion 274(a) of the Immigration and Nationality 
Act (8 U.S.C. 1324(a)). 
‘‘§ 70707. Extension beyond territorial jurisdiction 
‘‘Sections 70701 and 70702 apply even 
though the act is committed outside the terri-
torial jurisdiction of the United States. 
‘‘§ 70708. Claim of failure to comply with inter-
national law; jurisdiction of court 
‘‘A claim of failure to comply with inter-
national law in the enforcement of this chap-
ter may be invoked as a basis for a defense 
solely by a foreign nation. A failure to comply 
with international law shall not divest a court 
of jurisdiction or otherwise constitute a de-
fense to any proceeding under this chapter. 
‘‘§ 70709. Federal activities 
‘‘Nothing in this chapter applies to other-
wise lawful activities carried out by or at the 
direction of the United States Government. 
‘‘§ 70710. Definitions 
‘‘In this chapter, the following definitions 
apply: 
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383 
‘‘(1) ALIEN.—The term ‘alien’ has the 
meaning given that term in section 
70105(f). 
‘‘(2) COVERED VESSEL.—The term ‘cov-
ered vessel’ means a vessel of the United 
States, or a vessel subject to the jurisdic-
tion of the United States, that is less than 
300 gross tons (or an alternate tonnage 
prescribed by the Secretary under sec-
tion 14104 of this title) as measured 
under section 14502 of this title. 
‘‘(3) SERIOUS BODILY INJURY.—The term 
‘serious bodily injury’ has the meaning 
given that term in section 1365 of title 18, 
United States Code. 
‘‘(4) UNITED STATES.—The term ‘United 
States’ has the meaning given that term 
is section 114. 
‘‘(5) VESSEL
OF
THE
UNITED
STATES.— 
The term ‘vessel of the United States’ has 
the meaning given that term in section 
70502. 
‘‘(6) VESSEL SUBJECT TO THE JURISDIC-
TION
OF
THE
UNITED
STATES.—The term 
‘vessel subject to the jurisdiction of the 
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384 
United States’ has the meaning given that 
term in section 70502.’’. 
(b) CLERICAL AMENDMENT.—The analysis 
for such subtitle is amended by inserting after 
the item relating to chapter 705 the following: 
‘‘707. Maritime Law Enforcement ...............................................70701’’. 
TITLE 
VII—MISCELLANEOUS 
HOMELAND SECURITY PROVI-
SIONS 
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 activity that jeopardizes 
maritime homeland security, by seeking the 
cooperation of the commercial and rec-
reational boating industries and the public to 
improve awareness of activity in the maritime 
domain and report suspicious and unusual ac-
tivity. 
SEC. 702. TRANSPORTATION WORKER IDENTIFICATION 
CREDENTIAL. 
(a) ASSESSMENT OF TWIC PROGRAM IMPLE-
MENTATION.— 
(1) IN
GENERAL.—Not later than 120 
days after implementing the Transpor-
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385 
tation Worker Identification Credential 
program (in this section referred to as 
‘‘TWIC’’) at the ten ports designated top 
priority by the Secretary of Homeland Se-
curity, 
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 Transportation and Infrastructure of 
the House of Represetatives, the Com-
mittee on Commerce, Science, and Trans-
portation of the Senate, and the Com-
mittee on Homeland Security and Gov-
ernmental Affairs of the Senate and to 
the Comptroller General of the United 
States a report containing an assessment 
of the progress of the program’s imple-
mentation. The report shall include— 
(A) the number of workers en-
rolled in the program to date and the 
extent to which key metrics and con-
tract requirements have been met; 
and 
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386 
(B) an overview of the challenges 
encountered during implementation 
of the enrollment process, and plans 
for how these challenges will be ad-
dressed as the program is imple-
mented at additional ports. 
(2) 
GAO 
ASSESSMENT.—The 
Comp-
troller General shall review the report 
and submit to the Committee on Home-
land Security of the House of Representa-
tives, the Committee on Transportation 
and 
Infrastructure 
of 
the 
House 
of 
Represetatives, the Committee on Com-
merce, Science, and Transportation of the 
Senate, and the Committee on Homeland 
Security and Governmental Affairs of the 
Senate an assessment of the report’s find-
ings 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 
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387 
Homeland Security shall submit to the 
Committee on Homeland Security of the 
House of Representatives, the Committee 
on Transportation and Infrastructure of 
the House of Represetatives, the Com-
mittee on Commerce, Science, and Trans-
portation of the Senate, and the Com-
mittee on Homeland Security and Gov-
ernmental Affairs of the Senate 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 pro-
gram with respect to key technical 
and operational aspects of imple-
menting TWIC technologies in the 
maritime sector; 
(B) a comprehensive listing of the 
extent to which established metrics 
were achieved during the pilot pro-
gram; and 
(C) an analysis of the viability of 
those technologies for use in the ma-
rine environment, including any chal-
lenges to implementing those tech-
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388 
nologies and strategies for mitigating 
identified challenges. 
(2) 
GAO 
ASSESSMENT.—The 
Comp-
troller General shall review the report 
and submit to the Committee on Home-
land Security of the House of Representa-
tives, the Committee on Transportation 
and 
Infrastructure 
of 
the 
House 
of 
Represetatives, the Committee on Com-
merce, Science, and Transportation of the 
Senate, and the Committee on Homeland 
Security and Governmental Affairs of the 
Senate an assessment of the report’s find-
ings and recommendations. 
SEC. 703. STUDY TO IDENTIFY REDUNDANT BACKGROUND 
RECORDS CHECKS. 
(a) STUDY.—The Comptroller General of 
the United States shall conduct a study com-
paring those background records checks re-
quired 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 the enactment of this Act, the 
Comptroller General of the United States 
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389 
shall submit a report to the Committee on 
Homeland Security of the House of Represent-
atives, the Committee on Transportation and 
Infrastructure of the House of Represetatives, 
the Committee on Commerce, Science, and 
Transportation of the Senate, and the Com-
mittee on Homeland Security and Govern-
mental Affairs of the Senate on the results of 
the study, including— 
(1) an identification of redundancies 
and inefficiencies in connection with 
such checks referred to in subsection (a); 
and 
(2) recommendations for eliminating 
such redundancies and inefficiencies. 
SEC. 704. REVIEW OF INTERACENCY OPERATIONAL CEN-
TERS. 
(a) IN GENERAL.—Within 180 days of enact-
ment of this Act, the Department of Homeland 
Security Inspector General shall provide a re-
port to the Committee on Homeland Security 
of the House of Representatives and the Com-
mittees on Homeland Security and Govern-
mental Affairs and Commerce, Science, and 
Transportation of the Senate concerning the 
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establishment of Interagency Operational 
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 Depart-
ment’s efforts to establish the Inter-
agency Operational Centers; 
(2) a timeline for construction; 
(3) a detailed breakdown, by center, 
as to the incorporation of those rep-
resentatives 
required 
by 
section 
70107A(b)(3) of title 46, United States 
Code; 
(4) an analysis of the hurdles faced by 
the Department in developing these cen-
ters; 
(5) information on the number of se-
curity clearances 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 and regional fu-
sion centers participating in the Depart-
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391 
ment of Homeland Security’s State, Local, 
and Regional Fusion Center Initiative 
under section 511 of the Implementing 
the Recommendations of the 9/11 Com-
mission Act of 2007 (Public Law 110–53), 
with a particular emphasis on— 
(A) how the centers collaborate 
and coordinate 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 establish 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. 
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392 
‘‘(2) MINIMIZATION OF RESPONSE TIME.— 
The maritime security response teams 
shall be stationed in such a way to mini-
mize, to the extent practicable, the re-
sponse time to any reported maritime ter-
rorist threat. 
‘‘(d) COORDINATION
WITH
OTHER
AGEN-
CIES.—To the maximum extent feasible, each 
maritime safety and security team and mari-
time security response team shall coordinate 
its activities with other Federal, State, and 
local law enforcement and emergency re-
sponse agencies.’’. 
SEC. 706. COAST GUARD DETECTION CANINE TEAM PRO-
GRAM EXPANSION. 
(a) DEFINITIONS.—For purposes of this sec-
tion: 
(1) 
CANINE
DETECTION
TEAM.—The 
term ‘‘detection canine team’’ means a ca-
nine and a canine handler that are 
trained to detect narcotics or explosives, 
or other threats as defined by the Sec-
retary. 
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393 
(2) SECRETARY.—The term ‘‘Secretary’’ 
means the Secretary of Homeland Secu-
rity. 
(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 detection canine teams certified by 
the Coast Guard for the purposes of 
maritime-related security by no fewer 
than 
canine 
teams 
annually 
through fiscal year 2012; and 
(B) encourage owners and opera-
tors 
of 
port 
facilities, 
passenger 
cruise liners, oceangoing cargo ves-
sels, and other vessels identified by 
the Secretary to strengthen security 
through the use of highly trained de-
tection canine teams. 
(2) CANINE
PROCUREMENT.—The Sec-
retary, acting through the Commandant 
of the Coast Guard, shall— 
(A) 
procure 
detection 
canine 
teams as efficiently as possible, in-
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