293 
quirements created by contract Amend-
ment Modification 00042 dated February 
7, 2007. 
(2) DESIGN ASSESSMENT.—Not later than 30 
days before the Coast Guard signs any contract, de-
livery order, or task order to strengthen the hull of 
either of National Security Cutter 1 or 2 to resolve 
the structural design and performance issues identi-
fied in the Department of Homeland Security In-
spector General’s report OIG–07–23 dated January 
2007, the Secretary shall submit to the Committee 
on Transportation and Infrastructure and the Com-
mittee on Homeland Security of the House of Rep-
resentatives and the Committee on Commerce, 
Science, and Transportation of the Senate all results 
of an assessment of the proposed hull strengthening 
design conducted by the Naval Surface Warfare 
Center, Carderock Division, including a description 
in detail of the extent to which the hull strength-
ening measures to be implemented on those cutters 
will enable the cutters to meet a 185-underway-day 
requirement under general Atlantic and North Pa-
cific sea conditions for a period of at least 30 years. 
(b) NATIONAL SECURITY CUTTERS 3 THROUGH 8.— 
Not later than 30 days before the Coast Guard signs any
294 
contract, delivery order, or task order authorizing con-
struction of National Security Cutters 3 through 8, the 
Secretary shall submit to the Committee on Transpor-
tation and Infrastructure and the Committee on Home-
land Security of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of 
the Senate all results of an assessment of the proposed 
designs to resolve the structural design, safety, and per-
formance issues identified by the Department of Home-
land Security Office of Inspector General report OIG–07– 
23 for the hulls of those cutters conducted by the Naval 
Surface Warfare Center, Carderock Division, including a 
description in detail of the extent to which such designs 
will enable the cutters to meet a 185-underway-day re-
quirement under general Atlantic and North Pacific sea 
conditions. 
SEC. 806. MISCELLANEOUS REPORTS. 
(a) IN GENERAL.—The Secretary shall submit the 
following reports to the Committee on Transportation and 
Infrastructure and the Committee on Homeland Security 
of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate: 
(1) Within 4 months after the date of enact-
ment of this Act, a justification for why 8 National
295 
Security Cutters are required to meet the oper-
ational needs of the Coast Guard, including— 
(A) how many days per year each National 
Security Cutter will be underway at sea; 
(B) where each National Security Cutter 
will be home ported; 
(C) the amount of funding that will be re-
quired to establish home port operations for 
each National Security Cutter; 
(D) the extent to which 8 National Secu-
rity Cutters deployed without vertical un-
manned aerial vehicles (VUAV) will meet or ex-
ceed the mission capability (including surveil-
lance capacity) of the 12 Hamilton-class high 
endurance cutters that the National Security 
Cutters will replace; 
(E) the business case in support of con-
structing National Security Cutters 3 through 
8, including a cost-benefit analysis; and 
(F) an analysis of how many Offshore Pa-
trol Cutters would be required to provide the 
patrol coverage provided by a National Security 
Cutter. 
(2) Within 4 months after the date of enact-
ment of this Act, a report on—
296 
(A) the impact that deployment of a Na-
tional Security Cutter and other cutter assets 
without the vertical unmanned aerial vehicle 
(VUAV) will have on the amount of patrol cov-
erage that will be able to be provided during 
missions conducted by the National Security 
Cutter and all other cutters planned to be 
equipped with a VUAV; 
(B) how the coverage gap will be made up; 
(C) an update on the current status of the 
development of the VUAV; and 
(D) the timeline detailing the major mile-
stones to be achieved during development of the 
VUAV and identifying the delivery date for the 
first and last VUAV. 
(3) Within 30 days after the elevation to flag- 
level for resolution of any design or other dispute re-
garding the Deepwater Program contract or an item 
to be procured under that contract, including a de-
tailed description of the issue and the rationale un-
derlying the decision taken by the flag officer to re-
solve the issue. 
(4) Within 4 months after the date of enact-
ment of this Act, a report detailing the total number 
of change orders that have been created by the
297 
Coast Guard under the Deepwater Program before 
the date of enactment of this Act, the total cost of 
these change orders, and their impact on the Deep-
water Program schedule. 
(5) Within 180 days after the date of enact-
ment of this Act, a report detailing the technology 
risks and level of maturity for major technologies 
used on maritime patrol aircraft, the HC–130J, and 
the National Security Cutter. 
(6) Not less than 60 days before signing a con-
tract to acquire any vessel or aircraft, a report com-
paring the cost of purchasing that vessel or aircraft 
directly from the manufacturer or shipyard with the 
cost of procuring it through the Integrated Coast 
Guard System. 
(7) Within 30 days after the Program Execu-
tive Officer of the Deepwater Program becomes 
aware of a likely cost overrun exceeding 5 percent of 
the overall asset acquisition contract cost or schedule 
delay exceeding 5 percent of the estimated asset con-
struction period under the Deepwater Program, a 
report by the Commandant containing a description 
of the cost overrun or delay, an explanation of the 
overrun or delay, a description of Coast Guard’s re-
sponse, and a description of significant delays in the
298 
procurement schedule likely to be caused by the 
overrun or delay. 
(8) Within 90 days after the date of enactment 
of this Act, articulation of a doctrine and description 
of an anticipated implementation of a plan for man-
agement of acquisitions programs, financial manage-
ment (including earned value management and cost 
estimating), engineering and logistics management, 
and contract management, that includes— 
(A) a description of how the Coast Guard 
will cultivate among uniformed personnel exper-
tise in acquisitions management and financial 
management; 
(B) a description of the processes that will 
be followed to draft and ensure technical review 
of procurement packages, including statements 
of work, for any class of assets acquired by the 
Coast Guard; 
(C) a description of how the Coast Guard 
will conduct an independent cost estimating 
process, including independently developing cost 
estimates for major change orders; and 
(D) a description of how Coast Guard will 
strengthen the management of change orders.
299 
(9) Within 4 months after the date of enact-
ment of this Act, a report on the development of a 
new acquisitions office within the Coast Guard de-
scribing the specific staffing structure for that direc-
torate, including— 
(A) identification of all managerial posi-
tions proposed as part of the office, the func-
tions that each managerial position will fill, and 
the number of employees each manager will su-
pervise; and 
(B) a formal organizational chart and 
identification of when managerial positions are 
to be filled. 
(10) Ninety days prior to the issuance of a Re-
quest for Proposals for construction of an Offshore 
Patrol Cutter, a report detailing the service life, fa-
tigue life, maximum range, maximum speed, and 
number of days underway under general Atlantic 
and North Pacific Sea conditions the cutter shall be 
built to achieve. 
(11) The Secretary shall report annually on the 
percentage of the total amount of funds expended on 
procurements under the Deepwater Program that 
has been paid to each of small businesses and minor-
ity-owned businesses.
300 
(12) Within 120 days after the date of enact-
ment of this Act, a report on any Coast Guard mis-
sion performance gap due to the removal of Deep-
water Program assets from service. The report shall 
include the following: 
(A) A description of the mission perform-
ance gap detailing the geographic regions and 
Coast Guard capabilities affected. 
(B) An analysis of factors affecting the 
mission performance gap that are unrelated to 
the Deepwater Program, including deployment 
of Coast Guard assets overseas and continuous 
vessel shortages. 
(C) A description of measures being taken 
in the near term to fill the mission performance 
gap, including what those measures are and 
when they will be implemented. 
(D) A description of measures being taken 
in the long term to fill the mission performance 
gap, including what those measures are and 
when they will be implemented. 
(E) A description of the potential alter-
natives to fill the mission performance gap, in-
cluding any acquisition or lease considered and 
the reasons they were not pursued.
301 
(b) REPORT REQUIRED ON ACCEPTANCE OF DELIV-
ERY OF INCOMPLETE ASSET.— 
(1) IN GENERAL.—If the Secretary accepts de-
livery of an asset after the date of enactment of this 
Act for which a contractually required certification 
cannot be achieved within 30 days after the date of 
delivery or with any system that is not fully func-
tional for the mission for which it was intended, the 
Secretary shall submit to the Committee on Trans-
portation and Infrastructure and the Committee on 
Homeland Security of the House of Representatives 
and the Committee on Commerce, Science, and 
Transportation of the United States Senate within 
30 days after accepting delivery of the asset a report 
explaining why acceptance of the asset in such a 
condition is in the best interests of the United 
States Government. 
(2) CONTENTS.—The report shall— 
(A) specify the systems that are not able 
to achieve contractually required certifications 
within 30 days after the date of delivery and 
the systems that are not fully functional at the 
time of delivery for the missions for which they 
were intended;
302 
(B) identify milestones for the completion 
of required certifications and to make all sys-
tems fully functional; and 
(C) identify when the milestones will be 
completed, who will complete them, and the cost 
to complete them. 
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 EX-
ERCISING TECHNICAL AUTHORITY FOR THE 
DEEPWATER PROGRAM AND OTHER COAST 
GUARD ACQUISITION PROGRAMS. 
(a) FINDINGS.—Congress finds that the Coast 
Guard’s use of the technical, contractual, and program 
management oversight expertise of the Department of the 
Navy in ship and aircraft production complements and 
augments the Coast Guard’s organic expertise as it pro-
cures assets for the Deepwater Program. 
(b) INTER-SERVICE TECHNICAL ASSISTANCE.—The 
Secretary may enter into a memorandum of understanding 
or a memorandum of agreement with the Secretary of the 
Navy to provide for the use of the Navy Systems Com-
mands to assist the Coast Guard with the oversight of 
Coast Guard major acquisition programs. Such memo-
303 
randum of understanding or memorandum of agreement 
shall, at a minimum provide for— 
(1) the exchange of technical assistance and 
support that the Coast Guard Chief Engineer and 
the Coast Guard Chief Information Officer, as Coast 
Guard Technical Authorities, may identify; 
(2) the use, as appropriate, of Navy technical 
expertise; and 
(3) the temporary assignment or exchange of 
personnel between the Coast Guard and the Navy 
Systems Commands to facilitate the development of 
organic capabilities in the Coast Guard. 
(c) TECHNICAL AUTHORITIES.—The Coast Guard 
Chief Engineer, Chief Information Officer, and Chief Ac-
quisition Officer shall adopt, to the extent practicable, pro-
cedures that are similar to those used by the Navy Senior 
Acquisition Official to ensure the Coast Guard Technical 
Authorities, or designated Technical Warrant Holders, ap-
prove all technical requirements. 
(d) COORDINATION.—The Secretary, acting through 
the Commandant of the Coast Guard, may coordinate with 
the Secretary of the Navy, acting through the Chief of 
Naval Operations, to develop processes by which the as-
sistance will be requested from the Navy Systems Com-
mands and provided to the Coast Guard.
304 
(e) REPORT.—Not later than 120 days after the date 
of enactment of this Act and every twelve months there-
after, the Commandant of the Coast Guard shall report 
to the Committee on Transportation and Infrastructure 
and the Committee on Homeland Security of the House 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate on the activities 
undertaken pursuant to such memorandum of under-
standing or memorandum of agreement. 
SEC. 808. DEFINITIONS. 
In this title: 
(1) DEEPWATER PROGRAM.—The term ‘‘Deep-
water Program’’ means the Integrated Deepwater 
Systems Program described by the Coast Guard in 
its report to Congress entitled ‘‘Revised Deepwater 
Implementation Plan 2005’’, dated March 25, 2005. 
The Deepwater Program primarily involves the pro-
curement of cutter and aviation assets that operate 
more than 50 miles offshore. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the department in which the Coast 
Guard is operating.
305 
TITLE IX—MINORITY SERVING 
INSTITUTIONS 
SEC. 901. MSI MANAGEMENT INTERNSHIP PROGRAM. 
(a) ESTABLISHMENT
AND PURPOSE.—The Com-
mandant of the Coast Guard shall establish a two part 
management internship program for students at minority 
serving institutions (MSI) to intern at Coast Guard head-
quarters or a Coast Guard regional office, to be known 
as the ‘‘MSI Management Internship Program’’, to de-
velop a cadre of civilian, career mid-level and senior man-
agers for the Coast Guard. 
(b) OPERATION.—The MSI Management Internship 
Program shall be managed by the Secretary of Homeland 
Security, acting through the Commandant of the Coast 
Guard, in coordination with National Association for 
Equal Opportunity in Higher Education, the Hispanic As-
sociation of Colleges and Universities, and the American 
Indian Higher Education Consortium. 
(c) CRITERIA FOR SELECTION.—Participation in the 
MSI Management Internship Program shall be open to 
sophomores, juniors, and seniors at minority serving insti-
tutions, with an emphasis on such students who are major-
ing in management or business administration, inter-
national affairs, political science, marine sciences, criminal 
justice, or any other major related to homeland security.
306 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $2,000,000 to the Com-
mandant to carry out this section. 
SEC. 902. MSI INITIATIVES. 
(a) ESTABLISHMENT OF MSI STUDENT PRE-COM-
MISSIONING INITIATIVE.—The Commandant of the Coast 
Guard shall establish an MSI component of the College 
Student Pre-Commissioning Initiative (to be known as the 
‘‘MSI Student Pre-Commissioning Initiative Program’’) to 
ensure greater participation by students from MSIs in the 
College Student Pre-Commissioning Initiative. 
(b) 
PARTICIPATION
IN
OFFICER
CANDIDATE 
SCHOOL.—The Commandant of the Coast Guard shall en-
sure that graduates of the MSI Student Pre-Commis-
sioning Initiative Program are included in the first enroll-
ment for Officer Candidate School that commences after 
the date of enactment of this title and each enrollment 
period thereafter. 
(c) REPORTS.—Not later than 90 days after the con-
clusion of each academic year with respect to which the 
College Student Pre-Commissioning Initiative and the 
MSI Student Pre-Commissioning Initiative Program is 
carried out beginning with the first full academic year 
after the date of the enactment of this title, the Com-
mandant shall submit to the Committee on Transportation
307 
and Infrastructure and the Committee on Homeland Secu-
rity of the House of Representatives and the Committee 
on Commerce of the Senate a report on the number of 
students in the College Student Pre-Commissioning Initia-
tive and the number of students in the MSI Student Pre- 
Commissioning Initiative Program, outreach efforts, and 
demographic information of enrollees including, age, gen-
der, race, and disability. 
(d) ESTABLISHMENT
OF MSI AVIATION OFFICER 
CORPS INITIATIVE.—The Commandant of the Coast 
Guard shall establish an MSI Aviation Officer Corps Ini-
tiative to increase the diversity of the Coast Guard Avia-
tion Officer Corps through an integrated recruiting, acces-
sion, training, and assignment process that offers guaran-
teed flight school opportunities to students from minority 
serving institutions. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $3,000,000 to the Com-
mandant to carry out this section. 
SEC. 903. COAST GUARD-MSI COOPERATIVE TECHNOLOGY 
PROGRAM. 
(a) ESTABLISHMENT.—The Commandant of the 
Coast Guard shall establish a Coast Guard Laboratory of 
Excellence-MSI Cooperative Technology Program at three 
minority serving institutions to focus on priority security
308 
areas for the Coast Guard, such as global maritime sur-
veillance, resilience, and recovery. 
(b) COLLABORATION.—The Commandant shall en-
courage collaboration among the minority serving institu-
tions selected under subsection (a) and institutions of 
higher education with institutional research and academic 
program resources and experience. 
(c) PARTNERSHIPS.—The heads of the laboratories 
established at the minority serving institutions pursuant 
to subsection (a) may seek to establish partnerships with 
the private sector, especially small, disadvantaged busi-
nesses, to— 
(1) develop increased research and development 
capacity; 
(2) increase the number of baccalaureate and 
graduate degree holders in science, technology, engi-
neering, mathematics (STEM), and information 
technology or other fields critical to the mission of 
the Coast Guard; and 
(3) strengthen instructional ability among fac-
ulty. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $2,500,000 to the Com-
mandant to carry out this section, including for instru-
mentation acquisition and funding undergraduate student
309 
scholarships, graduate fellowships, and faculty-post doc-
toral study. 
SEC. 904. DEFINITION. 
For purposes of this title, the terms ‘‘minority serv-
ing institution’’, ‘‘minority serving institutions’’, and 
‘‘MSI’’ mean a historically Black college or university (as 
defined in section 322 of the Higher Education Act of 
1965), a Hispanic-serving institution (as defined in sec-
tion 502 of such Act), a Tribal College or University (as 
defined in section 316 of such Act), a Predominantly 
Black institution (as defined in section 499A(c) of such 
Act), or a Native American-serving nontribal institution 
(as defined in section 499A(c) of such Act). 
TITLE 
X—APPEALS 
TO 
NA-
TIONAL 
TRANSPORTATION 
SAFETY BOARD 
SEC. 1001. RIGHTS OF APPEAL REGARDING LICENSES, CER-
TIFICATES OF REGISTRY, AND MERCHANT 
MARINERS’ DOCUMENTS. 
(a) DENIAL OF ISSUANCE OR RENEWAL.— 
(1) LICENSES
AND
CERTIFICATES
OF
REG-
ISTRY.—Section 7101 of title 46, United States 
Code, is amended by adding at the end the following 
new subsection:
310 
‘‘(j) APPEALS TO THE NATIONAL TRANSPORTATION 
SAFETY BOARD.— 
‘‘(1) IN GENERAL.—An individual whose appli-
cation for the issuance or renewal of a license or cer-
tificate of registry has been denied under this chap-
ter by the Secretary may appeal that decision to the 
National Transportation Safety Board, unless the 
individual holds a license or certificate that— 
‘‘(A) is suspended at the time of the de-
nial; or 
‘‘(B) was revoked within the one-year pe-
riod ending on the date of the denial. 
‘‘(2) PROCEDURE.—The Board shall conduct a 
hearing on the appeal. The Board is not bound by 
findings of fact of the Secretary but is bound by all 
validly adopted interpretations of laws and regula-
tions the Secretary carries out unless the Board 
finds an interpretation is arbitrary, capricious, or 
otherwise not according to law. At the end of the 
hearing, the Board shall decide whether the indi-
vidual meets the requirements for issuance or re-
newal of the license or certificate of registry under 
applicable regulations and standards. The Secretary 
is bound by the Board’s decision.’’.
311 
(2) MERCHANT MARINERS’ DOCUMENTS.—Sec-
tion 7302 of title 46, United States Code, is amend-
ed by adding at the end the following new sub-
section: 
‘‘(h) APPEALS TO THE NATIONAL TRANSPORTATION 
SAFETY BOARD.— 
‘‘(1) IN GENERAL.—An individual whose appli-
cation for the issuance or renewal of a merchant 
mariners’ document has been denied under this 
chapter by the Secretary may appeal that decision to 
the National Transportation Safety Board, unless 
the individual holds a merchant mariners’ document 
that— 
‘‘(A) is suspended at the time of the de-
nial; or 
‘‘(B) was revoked within the one-year pe-
riod ending on the date of denial. 
‘‘(2) PROCEDURE.—The Board shall conduct a 
hearing on the appeal. The Board is not bound by 
findings of fact of the Secretary but is bound by all 
validly adopted interpretations of laws and regula-
tions the Secretary carries out unless the Board 
finds an interpretation is arbitrary, capricious, or 
otherwise not according to law. At the end of the 
hearing, the Board shall decide whether the indi-
312 
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
313 
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.
314 
‘‘(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.
315 
‘‘§ 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—
316 
(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-
317 
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.
318 
(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—
319 
(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
320 
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
321 
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.’’.
322 
(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.
323 
‘‘(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.
324 
‘‘(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.
325 
‘‘§ 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,
326 
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
327 
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.
328 
‘‘(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
329 
whether or not the acceptance of a donation from a foreign 
source would have a result described in paragraph (2). 
‘‘§ 60. Marine industry training program. 
‘‘(a) IN GENERAL.—The Commandant shall, by pol-
icy, establish a program under which an officer, member, 
or employee of the Coast Guard may be assigned to a pri-
vate entity to further the institutional interests of the 
Coast Guard with regard to marine safety, including for 
the purpose of providing training to an officer, member, 
or employee. Policies to carry out the program— 
‘‘(1) with regard to an employee of the Coast 
Guard, shall include provisions, consistent with sec-
tions 3702 through 3704 of title 5, as to matters 
concerning— 
‘‘(A) the duration and termination of as-
signments; 
‘‘(B) reimbursements; and 
‘‘(C) status, entitlements, benefits, and ob-
ligations of program participants; and 
‘‘(2) shall require the Commandant, before ap-
proving the assignment of an officer, member, or 
employee of the Coast Guard to a private entity, to 
determine that the assignment is an effective use of 
the Coast Guard’s funds, taking into account the 
best interests of the Coast Guard and the costs and
330 
benefits of alternative methods of achieving the same 
results and objectives. 
‘‘(b) ANNUAL REPORT.—Not later than the date of 
the submission each year of the President’s budget request 
under section 1105 of title 31, the Commandant shall sub-
mit to the Committee on Transportation and Infrastruc-
ture of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate 
a report that describes— 
‘‘(1) the number of officers, members, and em-
ployees of the Coast Guard assigned to private enti-
ties under this section; 
‘‘(2) the specific benefit that accrues to the 
Coast Guard for each assignment.’’. 
(b) CERTIFICATES OF INSPECTION.—Section 3309 of 
title 46, United States Code, is amended by adding at the 
end the following: 
‘‘(d) A certificate of inspection issued under this sec-
tion shall be signed by the individuals that inspected the 
vessel.’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new items: 
‘‘57. Marine safety staff. 
‘‘58. Limited duty officers. 
‘‘59. Center for Expertise for Marine Safety. 
‘‘60. Marine industry training program.’’.
331 
SEC. 1103. MARINE SAFETY MISSION PRIORITIES AND LONG 
TERM GOALS. 
(a) IN GENERAL.—Chapter 21 of title 46, United 
States Code, is further amended by adding after section 
2116, as added by section 313 of this division, the fol-
lowing new section: 
‘‘§ 2117. Marine Safety Strategy, goals, and perform-
ance assessments 
‘‘(a) LONG-TERM STRATEGY AND GOALS.—In con-
junction with existing federally required strategic planning 
efforts, the Secretary shall develop a long-term strategy 
for improving vessel safety and the safety of individuals 
on vessels. The strategy shall include the issuance each 
year of an annual plan and schedule for achieving the fol-
lowing goals: 
‘‘(1) Reducing the number and rates of marine 
casualties. 
‘‘(2) Improving the consistency and effective-
ness of vessel and operator enforcement and compli-
ance programs. 
‘‘(3) Identifying and targeting enforcement ef-
forts at high-risk vessels and operators. 
‘‘(4) Improving research efforts to enhance and 
promote vessel and operator safety and performance. 
‘‘(b) CONTENTS
OF
STRATEGY
AND
ANNUAL 
PLANS.—
332 
‘‘(1) MEASURABLE GOALS.—The strategy and 
annual plans shall include specific numeric or meas-
urable goals designed to achieve the goals set forth 
in subsection (a). The purposes of the numeric or 
measurable goals are the following: 
‘‘(A) To increase the number of safety ex-
aminations on all high-risk vessels. 
‘‘(B) To eliminate the backlog of marine 
safety-related rulemakings. 
‘‘(C) To improve the quality and effective-
ness of marine safety information databases by 
ensuring that all Coast Guard personnel accu-
rately and effectively report all safety, casualty, 
and injury information. 
‘‘(D) To provide for a sufficient number of 
Coast Guard marine safety personnel, and pro-
vide adequate facilities and equipment to carry 
out the powers and duties delegated and im-
posed by the Secretary under section 631(b). 
‘‘(2) RESOURCE NEEDS.—The strategy and an-
nual plans shall include estimates of— 
‘‘(A) the funds and staff resources needed 
to accomplish each activity included in the 
strategy and plans; and
333 
‘‘(B) the staff skills and training needed 
for timely and effective accomplishment of each 
goal. 
‘‘(c) SUBMISSION WITH THE PRESIDENT’S BUDG-
ET.—Beginning with fiscal year 2010 and each fiscal year 
thereafter, the Secretary shall submit to Congress the 
strategy and annual plan at the same time as the Presi-
dent’s budget submission under section 1105 of title 31. 
‘‘(d) ACHIEVEMENT OF GOALS.— 
‘‘(1) PROGRESS
ASSESSMENT.—No less fre-
quently than semiannually, the Coast Guard Com-
mandant and the Assistant Commandant for Marine 
Safety shall jointly assess the progress of the Coast 
Guard toward achieving the goals set forth in sub-
section (b). The Commandant and the Assistant 
Commandant shall jointly convey their assessment to 
the employees of the Assistant Commandant and 
shall identify any deficiencies that should be rem-
edied before the next progress assessment. 
‘‘(2) REPORT
TO
CONGRESS.—The Secretary 
shall report annually to the Committee on Transpor-
tation and Infrastructure of the House of Represent-
atives and the Committee on Commerce, Science, 
and Transportation of the Senate—
334 
‘‘(A) on the performance of the marine 
safety program in achieving the goals of the 
marine safety strategy and annual plan under 
subsection (a) for the year covered by the re-
port; 
‘‘(B) on the program’s mission perform-
ance in achieving numerical measurable goals 
established under subsection (b); and 
‘‘(C) recommendations on how to improve 
performance of the program.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following 
new item: 
‘‘2117. Marine Safety Strategy, goals, and performance assessments.’’. 
SEC. 1104. POWERS AND DUTIES. 
Section 631 of title 14, United States Code, is 
amended— 
(1) by inserting ‘‘(a)’’ before the first sentence; 
and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) The Assistant Commandant for Marine Safety 
shall serve as the principle advisor to the Commandant 
regarding— 
‘‘(1) the operation, regulation, inspection, iden-
tification, manning, and measurement of vessels, in-
335 
cluding plan approval and the application of load 
lines; 
‘‘(2) approval of materials, equipment, appli-
ances, and associated equipment; 
‘‘(3) the reporting and investigation of marine 
casualties and accidents; 
‘‘(4) the licensing, certification, documentation, 
protection and relief of merchant seamen; 
‘‘(5) suspension and revocation of licenses and 
certificates; 
‘‘(6) enforcement of manning requirements, citi-
zenship requirements, control of log books; 
‘‘(7) documentation and numbering of vessels; 
‘‘(8) State boating safety programs; 
‘‘(9) commercial instruments and maritime 
liens; 
‘‘(10) the administration of bridge safety; 
‘‘(11) administration of the navigation rules; 
‘‘(12) the prevention of pollution from vessels; 
‘‘(13) ports and waterways safety; 
‘‘(14) waterways management; including regula-
tion for regattas and marine parades; 
‘‘(15) aids to navigation; and 
‘‘(16) other duties and powers of the Secretary 
related to marine safety and stewardship.
336 
‘‘(c) OTHER AUTHORITY NOT AFFECTED.—Nothing 
in subsection (b) affects— 
‘‘(1) the authority of Coast Guard officers and 
members to enforce marine safety regulations using 
authority under section 89 of this title; or 
‘‘(2) the exercise of authority under section 91 
of this title and the provisions of law codified at sec-
tions 191 through 195 of title 50 on the date of en-
actment of this paragraph.’’. 
SEC. 1105. APPEALS AND WAIVERS. 
(a) IN GENERAL.—Chapter 5 of title 14, United 
States Code, is further amended by inserting at the end 
the following new section: 
‘‘§ 102. Appeals and waivers 
‘‘Except for the Commandant of the Coast Guard, 
any individual adjudicating an appeal of a decision or 
granting a waiver regarding marine safety, including in-
spection or manning and threats to the environment, shall 
be a qualified specialist with the training, experience and 
qualifications in marine safety to judge the facts and cir-
cumstances involved in the appeal or waiver and make a 
judgment regarding the merits of the appeal or waiver. 
In the case of an appeal or waiver involving an inspected 
vessel, vessel systems or equipment, the individual shall 
hold a letter of qualification to inspect the type of vessel,
337 
vessel systems or equipment involved in the appeal or 
waiver.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is further amended by adding at the end the fol-
lowing new item: 
‘‘102. Appeals and waivers.’’. 
SEC. 1106. COAST GUARD ACADEMY. 
(a) IN GENERAL.—Chapter 9 of title 14, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 199. Marine safety curriculum 
‘‘The Commandant of the Coast Guard shall ensure 
that professional courses of study in marine safety are 
provided at the Coast Guard Academy, and during other 
officer accession programs, to give Coast Guard cadets 
and other officer candidates a background and under-
standing of the marine safety program. These courses may 
include such topics as program history, vessel design and 
construction, vessel inspection, casualty investigation, and 
administrative law and regulations.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is further amended by adding at the end the fol-
lowing new item: 
‘‘199. Marine safety curriculum.’’.
338 
SEC. 1107. GEOGRAPHIC STABILITY. 
(a) IN GENERAL.—Chapter 11 of title 14, United 
States Code, is further amended by inserting after section 
336 the following new section: 
‘‘§ 337. Geographic stability 
‘‘The Commandant shall establish procedures that 
provide geographic stability to interested Coast Guard of-
ficers, employees, and members assigned to the marine 
safety program carried out under section 100 who have 
a minimum of 10 years of service in the marine safety 
program.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is further amended by adding at the end the fol-
lowing new item: 
‘‘337. Geographic stability.’’. 
SEC. 1108. APPRENTICE PROGRAM. 
(a) IN GENERAL.—Chapter 11 of title 14, United 
States Code, is further amended by inserting after section 
337, as added by section 1107 of this division, the fol-
lowing new section: 
‘‘§ 338. Apprentice program 
‘‘Any officer, member, or employee of the Coast 
Guard in training to become a marine inspector shall serve 
a minimum of one-year apprenticeship, unless otherwise 
directed by the Commandant of the Coast Guard, under 
the guidance of a qualified inspector before conducting un-
339 
supervised inspections of vessels under part B of subtitle 
II of title 46. The Commandant may authorize shorter ap-
prentice periods for certain qualifications, as appro-
priate.’’. 
(b) CLERICAL AMENDMENT.—The analysis for such 
chapter is further amended by adding at the end the fol-
lowing new item: 
‘‘338. Apprentice program.’’. 
SEC. 1109. REPORT REGARDING CIVILIAN MARINE INSPEC-
TORS. 
Not later than one year after the date of enactment 
of this Act, the Commandant of the Coast Guard shall 
submit to the Committee on Transportation and Infra-
structure of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report on Coast Guard’s efforts to recruit and 
retain civilian marine inspectors and investigators and the 
impact of such recruitment and retention efforts on Coast 
Guard organizational performance.
340 
TITLE XII—ADDITIONAL 
MISCELLANEOUS PROVISIONS 
SEC. 1201. MISSION REQUIREMENT ANALYSIS FOR NAVI-
GABLE PORTIONS OF THE RIO GRANDE 
RIVER, 
TEXAS, 
INTERNATIONAL 
WATER 
BOUNDARY. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of the department in which 
the Coast Guard is operating shall prepare a mission re-
quirement analysis for the navigable portions of the Rio 
Grande River, Texas, international water boundary. The 
analysis shall take into account the Coast Guard’s involve-
ment on the Rio Grande River by assessing Coast Guard 
missions, assets, and personnel assigned along the Rio 
Grande River. The analysis shall also identify what would 
be needed for the Coast Guard to increase search and res-
cue operations, migrant interdiction operations, and drug 
interdiction operations. 
SEC. 1202. OPERATION OF SUBMERSIBLE OR SEMI-SUB-
MERSIBLE VESSEL WITHOUT NATIONALITY. 
(a) IN GENERAL.—Chapter 111 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing new section:
341 
‘‘§ 2285. Operation of submersible or semi-submers-
ible vessel without nationality 
‘‘(a) FINDINGS
AND
DECLARATIONS.—Congress 
finds and declares that operating or embarking in a sub-
mersible or semi-submersible vessel without nationality 
and on an international voyage is a serious international 
problem, facilitates transnational crime, including drug 
trafficking, and terrorism, and presents a specific threat 
to the safety of maritime navigation and the security of 
the United States. 
‘‘(b) OFFENSES.— 
‘‘(1) IN GENERAL.—Whoever knowingly or in-
tentionally operates by any means or embarks in any 
submersible or semi-submersible vessel that is with-
out nationality and that is navigating or has navi-
gated into, through or from waters beyond the outer 
limit of the territorial sea of a single country or a 
lateral limit of that country’s territorial sea with an 
adjacent country, shall be punished as prescribed in 
subsection (h). 
‘‘(2) ATTEMPTS AND CONSPIRACIES.—Whoever 
attempts or conspires to violate this section shall be 
punished as prescribed in subsection (h). 
‘‘(c) DEFINITIONS.—In this section, the term—
342 
‘‘(1) ‘submersible vessel’ means a vessel that is 
capable of operating below the surface of the water, 
and includes manned and unmanned watercraft. 
‘‘(2) 
‘semi-submersible 
vessel’ 
means 
any 
watercraft constructed or adapted to be capable of 
putting much of its bulk under the surface of the 
water. 
‘‘(3) ‘vessel without nationality’ has the same 
meaning as section 70502(d) of title 46. 
‘‘(d) EXTRATERRITORIAL JURISDICTION.—There is 
extraterritorial Federal jurisdiction over the offenses de-
scribed in this section, including an attempt or conspiracy 
to commit such offense. 
‘‘(e) CLAIM OF NATIONALITY OR REGISTRY.— 
‘‘(1) A claim of nationality or registry under 
this section includes only— 
‘‘(A) possession on board the vessel and 
production of documents evidencing the vessel’s 
nationality as provided in article 5 of the 1958 
Convention on the High Seas; 
‘‘(B) flying its nation’s ensign or flag; or 
‘‘(C) a verbal claim of nationality or reg-
istry by the master or individual in charge of 
the vessel.
343 
‘‘(2) The failure of any submersible or semi- 
submersible vessel to display registry numbers or a 
national ensign or flag shall create a rebuttable pre-
sumption that the vessel is without nationality, as 
defined in this section. 
‘‘(f) FEDERAL ACTIVITIES.—Nothing in this section 
applies to lawfully authorized activities carried out by or 
at the direction of the United States Government. 
‘‘(g) APPLICABILITY OF OTHER PROVISIONS.—Sec-
tions 70504 and 70505 of title 46 apply to this section. 
‘‘(h) PENALTIES.— 
‘‘(1) VIOLATIONS.—A person violating this sec-
tion shall be fined under this title, imprisoned not 
more than 20 years, or both. 
‘‘(2) 
CONSECUTIVE
SENTENCE.—Notwith-
standing any other provision of law, a term of im-
prisonment imposed under this section shall be con-
secutive to the sentence of imprisonment for any 
other offense.’’. 
(b) CONFORMING AMENDMENT.—The table of sec-
tions for chapter 111 of title 18, United States Code, is 
amended by adding at the end the following new item: 
‘‘2285. Operation of submersible or semi-submersible vessel without nation-
ality.’’.
344 
SEC. 1203. LEGAL AUTHORITY OF THE COAST GUARD TO 
CARRY OUT ITS HOMELAND SECURITY MIS-
SIONS NOT IMPAIRED. 
The provisions of this division governing the marine 
safety mission of the Coast Guard shall not impair the 
legal authority of the Coast Guard to carry out its home-
land security missions including— 
(1) protecting ports, waterways, coastal secu-
rity, and the marine transportation system from an 
act of terrorism; 
(2) securing our borders against aliens seeking 
to unlawfully enter the United States, illegal drugs, 
firearms, and weapons of mass destruction at ports, 
waterways, and throughout the marine transpor-
tation system; 
(3) preventing human smuggling operations at 
ports, waterways, and throughout the marine trans-
portation system; 
(4) maintaining defense readiness to rapidly de-
ploy defensive port operations and security oper-
ations and environmental defense operations; 
(5) coordinating efforts and intelligence with 
Federal, State, and local agencies to deter, detect, 
and respond to the threat of terrorism at ports, on 
waterways, and throughout the marine transpor-
tation system;