HR 2830
4-24-08, Bill Passed House 395-7
Placed on Senate Calendar
Calendar No. 721
110th CONGRESS
2d Session
H. R. 2830
IN THE SENATE OF THE UNITED STATES
April 28, 2008
Received; read twice and placed on the calendar
AN ACT
To authorize appropriations for the Coast Guard for
fiscal year 2008, to amend the Immigration and Nationality Act and
title 18, United States Code, to combat the crime of alien smuggling
and related activities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions- This Act is organized into two divisions as follows:
(1) Division A--Coast Guard Authorization Act of 2008.
(2) Division B--Alien Smuggling and Terrorism Prevention Act of 2008.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Organization of Act into divisions; table of contents.
DIVISION A--COAST GUARD AUTHORIZATION ACT OF 2008
TITLE I--AUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Transfer of bridge administration program authority and functions.
TITLE II--COAST GUARD
Sec. 201. Appointment of civilian Coast Guard judges.
Sec. 202. Industrial activities.
Sec. 203. Reimbursement for medical-related travel expenses.
Sec. 204. Commissioned officers.
Sec. 205. Coast Guard participation in the Armed Forces Retirement Home (AFRH) system.
Sec. 206. Grants to international maritime organizations.
Sec. 207. Emergency leave retention authority.
Sec. 208. Enforcement authority.
Sec. 210. Admirals and Vice Admirals.
Sec. 211. Merchant Mariner Medical Advisory Committee.
Sec. 212. Reserve commissioned warrant officer to lieutenant program.
Sec. 213. Enhanced status quo officer promotion system.
Sec. 214. Laser Training System.
Sec. 215. Coast Guard vessels and aircraft.
Sec. 216. Coast Guard District Ombudsmen.
Sec. 217. Ensuring contracting with small business concerns and disadvantaged business concerns.
Sec. 218. Assistant Commandant for Port and Waterway Security.
Sec. 219. Small business procurements.
Sec. 220. Enforcement of coastwise trade laws.
Sec. 221. Nomination and appointment of cadets at the Coast Guard Academy.
Sec. 222. Policy on sexual harassment and sexual violence at the Coast Guard Academy.
Sec. 223. Home port of Coast Guard vessels in Guam.
TITLE III--SHIPPING AND NAVIGATION
Sec. 301. Vessel size limits.
Sec. 302. Goods and services.
Sec. 303. Seaward extension of anchorage grounds jurisdiction.
Sec. 304. Maritime Drug Law Enforcement Act amendment-simple possession.
Sec. 305. Technical amendments to tonnage measurement law.
Sec. 306. Cold weather survival training.
Sec. 307. Fishing vessel safety.
Sec. 308. Mariner records.
Sec. 309. Deletion of exemption of license requirement for operators of certain towing vessels.
Sec. 310. Adjustment of liability limits for natural gas deepwater ports.
Sec. 311. Period of limitations for claims against Oil Spill Liability Trust Fund.
Sec. 313. Unsafe operation.
Sec. 314. Approval of survival craft.
Sec. 315. Safety management.
Sec. 316. Protection against discrimination.
Sec. 317. Dry bulk cargo residue.
Sec. 318. Oil fuel tank protection.
Sec. 319. Registry endorsement for LNG vessels.
Sec. 321. Duration of credentials.
Sec. 322. Fingerprinting.
Sec. 323. Authorization to extend the duration of licenses, certificates of registry, and merchant mariners' documents.
Sec. 324. Merchant mariner documentation.
Sec. 325. Merchant mariner assistance report.
Sec. 326. Merchant mariner shortage report.
Sec. 327. Merchant mariner document standards.
Sec. 328. Report on Coast Guard determinations.
Sec. 329. Pilot required.
Sec. 330. Offshore supply vessels.
Sec. 331. Recreational vessel operator education and training.
Sec. 332. Ship emission reduction technology demonstration project.
Sec. 333. Delegation of authority to classification societies regarding offshore facilities.
Sec. 334. Requirement for pilots to carry and utilize portable electronic navigational device.
TITLE IV--MISCELLANEOUS PROVISIONS
Sec. 401. Certificate of documentation for GALLANT LADY.
Sec. 403. Great Lakes Maritime Research Institute.
Sec. 405. Crew wages on passenger vessels.
Sec. 406. Technical corrections.
Sec. 407. Conveyance of decommissioned Coast Guard Cutter STORIS.
Sec. 408. Repeal of requirement of license for employment in the business of salvaging on the coast of Florida.
Sec. 409. Right-of-first-refusal for Coast Guard property on Jupiter Island, Florida.
Sec. 410. Conveyance of Coast Guard HU-25 Falcon Jet aircraft.
Sec. 411. Decommissioned Coast Guard vessels for Haiti.
Sec. 412. Extension of period of operation of vessel for setting, relocation, or recovery of anchors or other mooring equipment.
Sec. 413. Vessel traffic risk assessments.
Sec. 414. Vessel MARYLAND INDEPENDENCE.
Sec. 415. Study of relocation of Coast Guard Sector Buffalo facilities.
Sec. 416. Conveyance of Coast Guard vessel to Coahoma County, Mississippi.
Sec. 417. Conveyance of Coast Guard vessel to Warren County, Mississippi.
Sec. 418. Conveyance of Coast Guard vessel to Washington County, Mississippi.
Sec. 419. Coast Guard assets for United States Virgin Islands.
Sec. 420. Conveyance of the Presque Isle Light Station fresnel lens to Presque Isle Township, Michigan.
Sec. 421. Fishing in South Pacific tuna treaty convention area.
Sec. 422. Assessment of needs for additional Coast Guard presence in high latitude regions.
Sec. 423. Study of regional response vessel and salvage capability for Olympic Peninsula coast, Washington.
Sec. 424. Report on projected workload at the Coast Guard Yard in Curtis Bay, Maryland.
Sec. 425. Study of bridges over navigable waters.
Sec. 426. Limitation on jurisdiction of States to tax certain seamen.
Sec. 427. Decommissioned Coast Guard vessels for Bermuda.
Sec. 428. Recreational marine industry.
Sec. 429. Conveyance of Coast Guard vessels to Nassau County, New York.
Sec. 430. Newtown Creek, New York City, New York.
Sec. 431. Land conveyance, Coast Guard property in Marquette County, Michigan, to the City of Marquette, Michigan.
TITLE V--BALLAST WATER TREATMENT
Sec. 502. Declaration of goals and purposes.
Sec. 503. Ballast water management.
Sec. 504. National ballast water management information.
Sec. 505. Ballast water management evaluation and demonstration program.
Sec. 506. Rapid response plan.
Sec. 507. Authorization of appropriations.
TITLE VI--MARITIME POLLUTION PREVENTION
Sec. 605. Administration and enforcement.
Sec. 607. Reception facilities.
Sec. 609. Amendments to the protocol.
Sec. 611. Effect on other laws.
TITLE VII--PORT SECURITY
Sec. 701. Maritime homeland security public awareness program.
Sec. 702. Transportation Worker Identification Credential.
Sec. 703. Study to identify redundant background records checks.
Sec. 704. Review of interagency operational centers.
Sec. 705. Maritime security response teams.
Sec. 706. Coast Guard detection canine team program expansion.
Sec. 707. Coast Guard port assistance program.
Sec. 708. Maritime biometric identification.
Sec. 709. Review of potential threats.
Sec. 710. Port security pilot.
Sec. 711. Advance notice of port arrival of significant or fatal incidents involving U.S. persons.
Sec. 712. Safety and security assistance for foreign ports.
Sec. 713. Seasonal workers.
Sec. 714. Comparative risk assessment of vessel-based and facility-based liquefied natural gas regasification processes.
Sec. 715. Pilot Program for fingerprinting of maritime workers.
Sec. 716. Transportation security cards on vessels.
Sec. 717. International labor study.
Sec. 718. Maritime security advisory committees.
Sec. 719. Seamen's shoreside access.
Sec. 720. Waterside security around liquefied natural gas terminals and liquefied natural gas tankers.
Sec. 721. Review of Liquefied Natural Gas Facilities.
Sec. 722. Use of secondary authentication for transportation security cards.
Sec. 723. Report on State and local law enforcement
augmentation of Coast Guard resources with respect to security zones
and United States ports.
Sec. 724. Assessment of transportation security card enrollment sites.
TITLE VIII--COAST GUARD INTEGRATED DEEPWATER PROGRAM
Sec. 802. Implementation of Coast Guard Integrated Deepwater Acquisition Program.
Sec. 803. Chief Acquisition Officer.
Sec. 804. Testing and certification.
Sec. 805. National Security Cutters.
Sec. 806. Miscellaneous reports.
Sec. 807. Use of the Naval Sea Systems Command, the
Naval Air Systems Command, and the Space and Naval Warfare Systems
Command to assist the Coast Guard in exercising technical authority for
the Deepwater Program and other Coast Guard acquisition programs.
TITLE IX--MINORITY SERVING INSTITUTIONS
Sec. 901. MSI Management Internship Program.
Sec. 902. MSI initiatives.
Sec. 903. Coast Guard-MSI Cooperative Technology Program.
TITLE X--APPEALS TO NATIONAL TRANSPORTATION SAFETY BOARD
Sec. 1001. Rights of appeal regarding licenses, certificates of registry, and merchant mariners' documents.
Sec. 1002. Authorities of National Transportation Safety Board.
Sec. 1003. Transfer of pending appeals to the National Transportation Safety Board.
Sec. 1004. Rulemaking requirements.
Sec. 1005. Administrative Law Judge recruiting program.
TITLE XI--MARINE SAFETY
Sec. 1101. Marine safety.
Sec. 1102. Marine safety staff.
Sec. 1103. Marine safety mission priorities and long term goals.
Sec. 1104. Powers and duties.
Sec. 1105. Appeals and waivers.
Sec. 1106. Coast Guard Academy.
Sec. 1107. Geographic stability.
Sec. 1108. Apprentice program.
Sec. 1109. Report regarding civilian marine inspectors.
TITLE XII--ADDITIONAL MISCELLANEOUS PROVISIONS
Sec. 1201. Mission requirement analysis for navigable portions of the Rio Grande River, Texas, international water boundary.
Sec. 1202. Operation of submersible or semi-submersible vessel without nationality.
Sec. 1203. Legal authority of the coast guard to carry out its homeland security missions not impaired.
DIVISION B--ALIEN SMUGGLING AND TERRORISM PREVENTION ACT OF 2008
Sec. 103. Checks against terrorist watchlist.
Sec. 104. Strengthening prosecution and punishment of alien smugglers.
Sec. 105. Maritime law enforcement.
Sec. 106. Amendment to the sentencing guidelines.
DIVISION A--COAST GUARD AUTHORIZATION ACT OF 2008
TITLE I--AUTHORIZATION
SEC. 100. SHORT TITLE.
This division may be cited as the `Coast Guard Authorization Act of 2008'.
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for fiscal year 2008 for necessary expenses of the Coast Guard as follows:
(1) For the operation and maintenance of the Coast Guard, $5,965,742,000, of which--
(A) $24,500,000 is authorized to be derived from
the Oil Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5));
(B) $631,000,000 shall be available only for paying for search and rescue programs;
(C) $527,000,000 shall be available only for paying for marine safety programs;
(D) $80,500,000 shall be available only for paying for operating expenses of the Integrated Deepwater System program; and
(E) $1,523,000,000 shall be available only for paying for ports, waterways, and coastal security.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore facilities,
vessels, and aircraft, including equipment related thereto,
$1,125,083,000, of which--
(A) $20,000,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990, to remain available until expended;
(B) $990,444,000 is authorized for the Integrated Deepwater System Program; and
(C) $44,597,000 is authorized for shore facilities and aids to navigation.
(3) To the Commandant of the Coast Guard for research,
development, test, and evaluation of technologies, materials, and human
factors directly relating to improving the performance of the Coast
Guard's mission in search and rescue, aids to navigation, marine
safety, marine environmental protection, enforcement of laws and
treaties, ice operations, oceanographic research, and defense
readiness, $25,000,000, to remain available until expended, of which
$2,000,000 shall be derived from the Oil Spill Liability Trust Fund to
carry out the purposes of section 1012(a)(5) of the Oil Pollution Act
of 1990.
(4) For retired pay (including the payment of
obligations otherwise chargeable to lapsed appropriations for this
purpose), payments under the Retired Serviceman's Family Protection and
Survivor Benefit Plans, and payments for medical care of retired
personnel and their dependents under chapter 55 of title 10, United
States Code, $1,184,720,000, to remain available until expended.
(5) For alteration or removal of bridges over navigable
waters of the United States constituting obstructions to navigation,
and for personnel and administrative costs associated with the Bridge
Alteration Program, $16,000,000.
(6) For environmental compliance and restoration at
Coast Guard facilities (other than parts and equipment associated with
operation and maintenance), $13,000,000, to remain available until
expended.
(7) For the Coast Guard Reserve program, including personnel and training costs, equipment, and services, $126,883,000.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
(a) Active Duty Strength- The Coast Guard is authorized an
end-of-year strength for active duty personnel of 47,000 for the fiscal
year ending on September 30, 2008.
(b) Military Training Student Loads- For fiscal year 2008,
the Coast Guard is authorized average military training student loads
as follows:
(1) For recruit and special training, 2,500 student years.
(2) For flight training, 165 student years.
(3) For professional training in military and civilian institutions, 350 student years.
(4) For officer acquisition, 1,200 student years.
SEC. 103. TRANSFER OF BRIDGE ADMINISTRATION PROGRAM AUTHORITY AND FUNCTIONS.
(1) AUTHORITY AND FUNCTIONS- Notwithstanding section
888(b) of the Homeland Security Act of 2002 (6 U.S.C. 468(b)) or any
other provision of law, the authorities of the Secretary of Homeland
Security to approve the construction, alteration, or operation of a
bridge, drawbridge, or causeway across or over the navigable waters of
the United States and to require the alteration, repair, or removal of
that bridge, drawbridge, or causeway, pursuant to the Bridge Act of
1906 (34 Stat. 84; 33 U.S.C. 491 et seq.), the General Bridge Act of
1946 (60 Stat. 847, 33 U.S.C. 525 note), the Truman-Hobbs Act (54 Stat.
497; 33 U.S.C. 511 et seq.), and the International Bridge Act of 1972
(60 Stat. 847; 33 U.S.C. 525 et seq.), and the functions related
thereto, are hereby transferred to the Secretary of Transportation.
(2) TRANSFER AND ADMINISTRATION OF BALANCES- Any
unobligated balances of prior appropriations provided for the
alteration of bridges are transferred and shall be available to the
Secretary of Transportation to carry out the functions and authorities
transferred by subsection (a).
TITLE II--COAST GUARD
SEC. 201. APPOINTMENT OF CIVILIAN COAST GUARD JUDGES.
(a) In General- Chapter 7 of title 14, United States Code, is amended by adding at the end the following:
`Sec. 153. Appointment of judges
`The Secretary may appoint civilian employees of the
Department in which the Coast Guard is operating as appellate military
judges, available for assignment to the Coast Guard Court of Criminal
Appeals as provided for in section 866(a) of title 10.'.
(b) Clerical Amendment- The analysis for such chapter is amended by adding at the end the following:
`153. Appointment of judges.'.
SEC. 202. INDUSTRIAL ACTIVITIES.
Section 151 of title 14, United States Code, is amended--
(1) by inserting `(a) In General- ' before `All orders'; and
(2) by adding at the end the following:
`(b) Orders and Agreements for Industrial Activities- Under
this section, the Coast Guard industrial activities may accept orders
and enter into reimbursable agreements with establishments, agencies,
and departments of the Department of Defense.'.
SEC. 203. REIMBURSEMENT FOR MEDICAL-RELATED TRAVEL EXPENSES.
(a) In General- Chapter 13 of title 14, United States Code, is amended by adding at the end the following:
`Sec. 518. Reimbursement for medical-related travel expenses
for certain persons residing on islands in the continental United States
`In any case in which a covered beneficiary (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 Columbia and that lacks
public access roads to the mainland and is referred by a primary care
physician to a specialty care provider (as defined in section 1074i(b)
of title 10) on the mainland who provides services less than 100 miles
from the location where the beneficiary resides, the Secretary shall
reimburse the reasonable travel expenses of the covered beneficiary
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 continental United
States.'.
SEC. 204. COMMISSIONED OFFICERS.
(a) Active Duty Promotion List- Section 42 of title 14, United States Code, is amended to read as follows:
`Sec. 42. Number and distribution of commissioned officers on active duty promotion list
`(a) Maximum Total Number- The total number of Coast Guard
commissioned officers on the active duty promotion list, excluding
warrant officers, shall not exceed 6,700; except that the Commandant
may temporarily 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.
`(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 captain; 15.0
percent for commander; and 22.0 percent for lieutenant commander.
`(2) DISCRETIONARY- The Secretary shall prescribe the
percentages applicable to the grades of lieutenant, lieutenant (junior
grade), and ensign.
`(3) AUTHORITY OF SECRETARY TO REDUCE PERCENTAGE- The Secretary--
`(A) may reduce, as the needs of the Coast Guard require, any of the percentages set forth in paragraph (1); and
`(B) shall apply that total percentage reduction to any other lower grade or combination of lower grades.
`(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 applying the grade distribution percentages
established by or under this section to the total number of
commissioned officers listed on the current active duty promotion list.
`(2) ROUNDING FRACTIONS- Subject to subsection (a), in
making the computations 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 admiral (lower half) serving with other Federal
departments or agencies on a reimbursable basis or excluded under
section 324(d) of title 49 shall not be counted against the total
number of commissioned officers authorized to serve in each grade.
`(d) Use of Numbers; Temporary Increases- The numbers
resulting from computations under 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 number of
officers of that grade for whom vacancies exist in the next higher
grade but whose promotion has been delayed for any reason.
`(e) Officers Serving Coast Guard Academy and Reserve- The
number of officers authorized to be serving on active duty in each
grade of the permanent commissioned teaching staff of the Coast Guard
Academy and of the Reserve serving in connection with organizing,
administering, recruiting, instructing, or training the reserve
components shall be prescribed by the Secretary.'.
(b) Clerical Amendment- The analysis for chapter 3 of such
title is amended by striking the item relating to section 42 and
inserting the following:
`42. Number and distribution of commissioned officers on active duty promotion list.'.
SEC. 205. COAST GUARD PARTICIPATION IN THE ARMED FORCES RETIREMENT HOME (AFRH) SYSTEM.
(a) In General- Section 1502 of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 401) is amended--
(1) by striking paragraph (4);
(A) by striking `and' at the end of subparagraph (C);
(B) by striking the period at the end of subparagraph (D) and inserting `; and'; and
(C) by inserting at the end the following:
`(E) the Assistant Commandant of the Coast Guard for Human Resources.'; and
(3) by adding at the end of paragraph (6) the following:
`(E) The Master Chief Petty Officer of the Coast Guard.'.
(b) Conforming Amendments- (1) Section 2772 of title 10, United States Code, is amended--
(A) in subsection (a) by inserting `or, in the case of the Coast Guard, the Commandant' 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 Commandant' after `Secretary of Defense';
(B) by striking paragraph (4); and
(C) by redesignating paragraph (5) as paragraph (4).
SEC. 206. GRANTS TO INTERNATIONAL MARITIME ORGANIZATIONS.
Section 149 of title 14, United States Code, is amended by adding at the end the following:
`(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,
security, 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:
`Sec. 426. Emergency leave retention authority
`With regard to a member of the Coast Guard who serves on
active duty, a duty assignment 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
following 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:
`Sec. 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 warrant for any offense against the United States committed in their presence; and
`(B) seize property as otherwise provided by law.'.
(b) Conforming Repeal- The first section added to title 46,
United States Code, by the amendment made by subsection (a) of section
801 of the Coast Guard and Maritime Transportation Act of 2004 (118
Stat. 1078), and the item relating to such first section enacted 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.'.
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 repealed.
SEC. 210. ADMIRALS AND VICE ADMIRALS.
(a) Vice Commandant- Section 47 of title 14, United States
Code, is amended by striking `vice admiral' and inserting `admiral'.
(b) Vice Admirals- Section 50 of title 14, United States Code, is amended to read as follows:
`Sec. 50. Vice admirals
`(a)(1) The President may designate 4 positions 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 authorized under paragraph (1) are, respectively, the following:
`(A) The Deputy Commandant for Mission Support.
`(B) The Deputy Commandant for National Operations and Policy.
`(C) The Commander, Force Readiness 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 appointments.
`(b)(1) The appointment and the grade of vice admiral under
this section shall be effective 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
detached from that duty.
`(2) An officer who is appointed to a position designated
under subsection (a) shall continue to hold the grade of vice admiral--
`(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, beginning 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
considered for promotion to the permanent grade of rear admiral as if
the officer was serving in the officer's permanent grade.
`(d) Whenever a vacancy occurs in a position designated
under subsection (a), the Commandant shall inform the President of the
qualifications needed by an officer serving 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 of that title is amended--
(1) by amending subsections (a), (b), and (c) to read as follows:
`(a) An officer, other than the Commandant, who, while
serving in the grade of admiral or vice admiral, is retired for
physical disability shall be placed on the retired list with the
highest grade in which that officer served.
`(b) An officer, other than the Commandant, who is retired
while serving in the grade of admiral or vice admiral, or who, after
serving at least two and one-half years in the grade of admiral or vice
admiral, is retired while serving in a lower grade, may in the
discretion of the President, be retired with the highest grade in which
that officer served.
`(c) An officer, other than the Commandant, who, after
serving less than two and one-half years in the grade of admiral or
vice admiral, is retired while serving in a lower grade, shall be
retired in his permanent grade.'; and
(2) in subsection (d)(2) by striking `Area Commander, or Chief of Staff' and inserting `or Vice Admirals'.
(1) The heading for section 47 of that title is amended by striking `assignment' and inserting `appointment'.
(2) The table of sections at the beginning of chapter 3 of that title is amended--
(A) by striking the item relating to section 47 and inserting the following:
`47. Vice Commandant; appointment.';
(B) by striking the item relating to section 50 and inserting the following:
(C) by striking the item relating to section 50a.
(f) Technical Correction- Section 47 of that title is
further amended in the fifth sentence by striking `subsection' and
inserting `section'.
SEC. 211. MERCHANT MARINER MEDICAL ADVISORY COMMITTEE.
(a) In General- Chapter 71 of title 46, United States Code, is amended by adding at the end the following new section:
`Sec. 7115. Merchant Mariner Medical Advisory Committee
`(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--
`(A) medical certification determinations for issuance of merchant mariner credentials;
`(B) medical standards and guidelines for the physical qualifications of operators of commercial vessels;
`(C) medical examiner education; and
`(1) IN GENERAL- The Committee shall consist of 14 members, none of whom is a Federal employee, and shall include--
`(A) ten who are health-care professionals with
particular expertise, knowledge, or experience regarding the medical
examinations of merchant mariners or occupational medicine; and
`(B) four who are professional mariners with knowledge and experience in mariner occupational requirements.
`(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 employees, 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 Committee, and each member shall serve at the pleasure
of the Secretary.
`(2) TERMS- Each member shall be appointed for a term
of three years, except 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 appointed to fill the
vacancy prior to the expiration of the term for which that member'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 incapacity of, or in the event of a vacancy in the office
of, the Chairman.
`(e) Compensation; Reimbursement- Members of the Committee
shall serve without 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 Act, the Merchant Mariner Medical Advisory
Committee established by the amendment made by this section shall hold
its first meeting.
(c) Clerical Amendment- The analysis for chapter 71 of that title is amended by adding 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, warrant 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 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--
(A) by inserting `and' after `considered,'; and
(B) by striking `, and the number of officers the board may recommend for promotion';
(A) by inserting `(a) In General- ' before the existing text;
(B) in subsection (a) (as so designated) by
striking the colon at the end of the material preceding paragraph (1)
and inserting `--'; and
(C) by adding at the end the following:
`(b) Provision of Direction and Guidance-
`(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 officers having particular skills, including
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 perform its functions.
`(2) Selections made based on the direction and
guidance provided under this subsection shall not exceed the maximum
percentage of officers who may be selected from below the announced
promotion 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 the
Coast Guard for officers with particular skills so noted in specific
direction furnished to the board by the Secretary under section 258 of
this title,'; and
(4) in section 260(b), by inserting after `qualified
for promotion' the following: `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 system 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.
(b) Report- The Secretary shall submit a 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 within 6 months
after the conclusions of the test required under subsection (a) on the
costs and benefits of using the system regionally and nationwide to
train members of the Coast Guard in the use of individual weapons and
machine guns.
SEC. 215. COAST GUARD VESSELS AND AIRCRAFT.
(a) Authority To Fire At or Into a Vessel- 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 following:
`(3) any other vessel or aircraft on government noncommercial service when--
`(A) the vessel or aircraft is under the tactical control of the Coast Guard; and
`(B) at least one member of the Coast Guard is assigned and conducting 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 striking
`Coast Guard vessels and aircraft' and inserting `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:
`Sec. 55. District Ombudsmen
`(a) In General- The Commandant shall appoint an employee
of the Coast Guard in each Coast Guard District as a District Ombudsman
to serve as a liaison between ports, terminal operators, shipowners,
and labor representatives and the Coast Guard.
`(b) Purpose- The purpose of the District Ombudsman shall be the following:
`(1) To support the operations of the Coast Guard in each port in the District for which the District Ombudsman is appointed.
`(2) To improve communications between and among port
stakeholders including, port and terminal operators, ship owners, labor
representatives, and the Coast Guard.
`(3) To seek to resolve disputes between the Coast
Guard and all petitioners regarding requirements imposed or services
provided by the Coast Guard.
`(1) COMPLAINTS- The District Ombudsman may examine
complaints brought to the attention of the District Ombudsman by a
petitioner operating in a port or by Coast Guard personnel.
`(2) GUIDELINES FOR DISPUTES-
`(A) IN GENERAL- The District Ombudsman shall
develop guidelines regarding the types of disputes with respect to
which the District Ombudsman will provide assistance.
`(B) LIMITATION- The District Ombudsman shall not
provide assistance with respect to a dispute unless it involves the
impact of Coast Guard requirements on port business and the flow of
commerce.
`(C) PRIORITY- In providing such assistance, the
District Ombudsman shall give priority to complaints brought by
petitioners who believe they will suffer a significant hardship as the
result of implementing a Coast Guard requirement or being denied a
Coast Guard service.
`(3) CONSULTATION- The District Ombudsman may consult
with any Coast Guard personnel who can aid in the investigation of a
complaint.
`(4) ACCESS TO INFORMATION- The District Ombudsman
shall have access to any Coast Guard 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 Ombudsman, to the Commander of the
District in which the petitioner who brought the complaint is located
or operating.
`(6) DEADLINE- The District Ombudsman shall seek to resolve each complaint brought in accordance with the guidelines--
`(A) in a timely fashion; and
`(B) 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 a civilian who has experience 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 Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the matters brought before the District
Ombudsmen, 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.'.
(b) Clerical Amendment- The analysis at the beginning of that chapter is amended by adding at the end the following new item:
`55. District Ombudsmen.'.
SEC. 217. ENSURING CONTRACTING WITH SMALL BUSINESS CONCERNS AND DISADVANTAGED BUSINESS CONCERNS.
(a) Requirements for Prime Contracts- The Secretary shall
include in each contract awarded for procurement of goods or services
acquired for the Coast Guard--
(1) a requirement that the contractor shall implement a
plan for the award, in accordance with other applicable requirements,
of subcontracts under the contract to small business concerns,
including small business concerns owned and controlled by socially and
economically disadvantaged individuals, small business concerns owned
and controlled by women, small business concerns owned and controlled
by service-disabled veterans, HUBZone small business concerns, small
business concerns participating in the program under section 8(a) of
the Small Business Act (15 U.S.C. 637(a)), institutions receiving
assistance under title III or V of the Higher Education Act of 1965 (20
U.S.C. 1051 et seq., 1101 et seq.), and Alaska Native Corporations
created pursuant to the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.), including the terms of such plan; and
(2) a requirement that the contractor shall submit to
the Secretary, during performance of the contract, periodic reports
describing the extent to which the contractor has complied with such
plan, including specification (by total dollar amount and by percentage
of the total dollar value of the contract) of the value of subcontracts
awarded at all tiers of subcontracting to small business concerns,
institutions, and corporations referred to in subsection (a)(1).
(b) Utilization of Alliances- The Secretary shall seek to
facilitate award of contracts by the United States under the Deepwater
Program to alliances of small business concerns, institutions, and
corporations referred to in subsection (a)(1).
(1) IN GENERAL- The Secretary shall submit 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 by October 31 each
year a report on the award of contracts under the Deepwater Program to
small business concerns, institutions, and corporations referred to in
subsection (a)(1) during the preceding fiscal year.
(2) CONTENTS- The Secretary shall include in each report--
(A) specification of the value of such contracts,
by dollar amount and as a percentage of the total dollar value of all
contracts awarded by the United States under the Deepwater Program in
such fiscal year;
(B) specification of the total dollar value of such
contracts awarded to each of the categories of small business concerns,
institutions, and corporations referred to in subsection (a)(1); and
(C) if the percentage specified under subparagraph (A) is less than 25 percent, an explanation of--
(i) why the percentage is less than 25 percent; and
(ii) what will be done to ensure that the percentage for the following fiscal year will not be less than 25 percent.
(d) Definitions- In this section:
(1) DEEPWATER PROGRAM- The term `Deepwater 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 procurement 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.
SEC. 218. ASSISTANT COMMANDANT FOR PORT AND WATERWAY SECURITY.
(a) In General- Chapter 3 of title 14, United States Code, is further amended by adding at the end the following:
`Sec. 61. Assistant Commandant for Port and Waterway Security
`(a) There shall be in the Coast Guard an Assistant
Commandant for Port and Waterway Security who shall be a Rear Admiral
or civilian from the Senior Executive Service (career reserved)
selected by the Secretary.
`(b) The Assistant Commandant for Port and Waterway
Security shall serve as the principal advisor to the Commandant
regarding port and waterway security and shall carry out the duties and
powers delegated and imposed by the Secretary.'.
(b) Clerical Amendment- The analysis at the beginning of that chapter is further amended by adding at the end the following:
`61. Assistant Commandant for Port and Waterway Security.'.
SEC. 219. SMALL BUSINESS PROCUREMENTS.
(a) In General- Chapter 17 of title 14, United States Code, is amended by adding at the end the following:
`Sec. 678. Disadvantaged business enterprise program
`(a) In General- Except to the extent that the Secretary
determines otherwise, not less than 10 percent of the amounts obligated
by the Coast Guard for contracts in any fiscal year shall be expended
with small business concerns owned and controlled by socially and
economically disadvantaged individuals.
`(b) Definitions- In this subsection, the following definitions apply:
`(1) SMALL BUSINESS CONCERN- The term `small business
concern' has the meaning given that term under section 3 of the Small
Business Act (15 U.S.C. 632).
`(2) SOCIALLY AND ECONOMICALLY DISADVANTAGED
INDIVIDUALS- The term `socially and economically disadvantaged
individuals' has the meaning that term has under section 8(d) of the
Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting
regulations issued pursuant to that Act, except that women shall be
presumed to be socially and economically disadvantaged individuals for
purposes of this subsection.
`(c) Regulations- The Secretary shall issue final
regulations governing the administration of the program created by this
section by one year after the date of enactment of this section. To the
maximum extent feasible, these regulations shall impose requirements
similar to those of part 26 of title 49, Code of Federal Regulations,
with respect to setting overall and contract goals, good faith efforts,
and the contract award process, counting of credit for the
participation of businesses owned and controlled by socially and
economically disadvantaged individuals, and determining whether
businesses are eligible to participate in the program.
`(d) Termination- This section shall cease to be effective three years after the date of its enactment.'.
(b) Clerical Amendment- The analysis at the beginning of that chapter is further amended by adding at the end the following:
`678. Disadvantaged business enterprise program.'.
SEC. 220. ENFORCEMENT OF COASTWISE TRADE LAWS.
(a) In General- Chapter 5 of title 14, United States Code, is amended by adding at the end the following:
`Sec. 101. Enforcement of coastwise trade laws
`Officers and members of the Coast Guard are authorized to
enforce chapter 551 of title 46. The Secretary shall establish a
program for these officers and members to enforce that chapter,
including the application of those laws to vessels that support the
exploration, development, and production of oil, gas, or mineral
resources in the Gulf of Mexico.'.
(b) Clerical Amendment- The analysis for that chapter is amended by adding at the end the following new item:
`101. Enforcement of coastwise trade laws.'.
(c) Report- The Secretary of the department in which the
Coast Guard is operating shall submit a report to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Senate Committee on Commerce, Science, and Transportation within
one year after the date of enactment of this Act on the enforcement
strategies and enforcement actions taken to enforce the coastwise trade
laws.
SEC. 221. NOMINATION AND APPOINTMENT OF CADETS AT THE COAST GUARD ACADEMY.
(a) Nomination and Competitive Appointment, Generally-
Section 182(a) of title 14, United States Code, is amended to read as
follows:
`(a) Nomination and Competitive Appointment of Cadets-
`(1) ELIGIBILITY FOR NOMINATION- An individual may be
nominated for a competitive appointment as a cadet at the Coast Guard
Academy only if the individual--
`(A) is a citizen or national of the United States; and
`(B) meets the minimum requirements that the Secretary shall establish.
`(2) NOMINATORS- Nominations for competitive
appointments for the positions allocated under this section may be made
as follows:
`(A) A Senator may nominate residents of the State represented by that Senator.
`(B) A Member of the House of Representatives may
nominate residents of the State in which the congressional district
represented by that Member is located.
`(C) A Delegate to the House of Representatives
from the District of Columbia, the Virgin Islands, Guam, or American
Samoa may nominate residents of the jurisdiction represented by that
Delegate.
`(D) The Resident Commissioner to the United States from Puerto Rico may nominate residents of Puerto Rico.
`(E) The Governor of the Northern Mariana Islands may nominate residents of the Northern Mariana Islands.
`(3) ALLOCATION OF POSITIONS- Positions for competitive appointments shall be allocated each year as follows:
`(A) Positions shall be allocated for residents of
each State nominated by the Members of Congress from that State in
proportion to the representation in Congress from that State.
`(B) Four positions shall be allocated for residents of the District of Columbia.
`(C) One position each shall be allocated for residents of the Virgin Islands, Guam, and American Samoa, respectively.
`(D) One position shall be allocated for a resident of Puerto Rico.
`(E) One position shall be allocated for a resident of the Northern Mariana Islands.
`(F) Two positions shall be allocated for individuals nominated by the Panama Canal Commission.
`(4) COMPETITIVE SYSTEM FOR APPOINTMENT-
`(A) ESTABLISHMENT OF SYSTEM- The Secretary shall
establish a competitive system for selecting for appointment
individuals nominated under paragraph (1) to fill the positions
allocated under paragraph (3). The system must determine the relative
merit of each individual based on competitive examinations, an
assessment of the individual's academic background, and other effective
indicators of motivation and probability of successful completion of
training at the Academy.
`(B) APPOINTMENTS BY JURISDICTION- The Secretary
shall appoint individuals to fill the positions allocated under
subsection (c) for each jurisdiction in the order of merit of the
individuals nominated from that jurisdiction.
`(C) REMAINING UNFILLED POSITIONS- If positions
remain unfilled after the appointments are made under paragraph (2),
the Secretary shall appoint individuals to fill the positions in the
order of merit of the remaining individuals nominated from all
jurisdictions.
`(5) NONCOMPETITIVE APPOINTMENTS- The Secretary may
appoint each year without competition as cadets at the Academy the
following:
`(A) Without limit, the children of persons who
have been awarded the Medal of Honor for acts performed while in the
armed forces.
`(i) children of individuals who died while on active duty in the armed forces of the United States;
`(ii) children of individuals who are
determined by the Secretary of Veterans Affairs to have a
service-connected disability rated at not less than 100 percent
resulting from wounds or injuries received in, diseases contracted in,
or preexisting injury or disease aggravated by, active service;
`(iii) children of members of the armed forces
of the United States who are in a missing status as defined in section
551(2) of title 37; and
`(iv) children of civilian employees of the
armed forces of the United States who are in missing status as defined
in section 5561(5) of title 5.
`(C) Not more than 25 enlisted members of the Coast Guard;
`(D) Not more than 20 qualified individuals with
qualities the Secretary considers to be of special value to the Academy
and that the Secretary considers will achieve a national demographic
balance at the Academy.
`(6) ADDITIONAL APPOINTMENTS FROM PARTICULAR AREAS-
`(A) OTHER COUNTRIES IN WESTERN HEMISPHERE- The
President may appoint individuals from countries in the Western
Hemisphere other than the United States to receive instruction at the
Academy. Not more than 12 individuals may receive instruction under
this subsection at the same time, and not more than 2 individuals from
the same country may receive instruction under this subsection at the
same time.
`(B) OTHER COUNTRIES GENERALLY-
`(i) APPOINTMENT- The Secretary, with the
approval of the Secretary of State, may appoint individuals from
countries other than the United States to receive instruction at the
Academy. Not more than 20 individuals may receive instruction under
this subsection at the same time.
`(ii) REIMBURSEMENT- The Secretary shall ensure
that the country from which an individual comes under this subsection
will reimburse the Secretary for the cost (as determined by the
Secretary) of the instruction and allowances received by the individual
at the Academy.
`(C) COMMITMENT- Each individual attending the
Academy under this paragraph shall sign an agreement stating that the
individual, upon graduation, will accept an appointment, if tendered,
as an officer in the Coast Guard of the country from which the
individual comes for at least five years.
`(7) PROHIBITED BASIS FOR APPOINTMENT- Preference may
not be given to an individual for appointment as a cadet at the Academy
because one or more members of the individual's immediate family are
alumni of the Academy.'.
(b) Minority Recruiting Program-
(1) IN GENERAL- Chapter 9 of title 14, United States Code, is amended by adding at the end the following new section:
`Sec. 197. Minority recruiting program
`The Secretary of the department in which the Coast Guard
is operating shall establish a minority recruiting program for
prospective cadets at the Coast Guard Academy. The program may include--
`(1) use of minority cadets and officers to provide
information regarding the Coast Guard and the Academy to students in
high schools;
`(2) sponsoring of trips to high school teachers and guidance counselors to the Academy;
`(3) to the extent authorized by the Secretary of the
Navy, maximizing the use of the Naval Academy Preparatory School to
prepare students to be cadets at the Coast Guard Academy;
`(4) recruiting minority members of the Coast Guard to attend the Academy;
`(5) establishment of a minority affairs office at the Academy; and
`(6) use of minority officers and members of the Coast Guard Reserve and Auxiliary to promote the Academy.'.
(2) CLERICAL AMENDMENT- The table of sections for that chapter is amended by adding at the end the following new item:
`197. Minority recruiting program.'.
SEC. 222. POLICY ON SEXUAL HARASSMENT AND SEXUAL VIOLENCE AT THE COAST GUARD ACADEMY.
(a) Required Policy- Under guidance prescribed by the
Secretary of the department in which the Coast Guard is operating, the
Commandant of the Coast Guard shall direct the Superintendent of the
Coast Guard Academy to prescribe a policy on sexual harassment and
sexual violence applicable to the cadets and other personnel of the
Academy.
(b) Matters to Be Specified in Policy- The policy on sexual
harassment and sexual violence prescribed under this section shall
include specification of the following:
(1) Programs to promote awareness of the incidence of
rape, acquaintance rape, and other sexual offenses of a criminal nature
that involve cadets or other Academy personnel.
(2) Procedures that a cadet should follow in the case of an occurrence of sexual harassment or sexual violence, including--
(A) if the cadet chooses to report an occurrence of
sexual harassment or sexual violence, a specification of the person or
persons to whom the alleged offense should be reported and the options
for confidential reporting;
(B) a specification of any other person whom the victim should contact; and
(C) procedures on the preservation of evidence potentially necessary for proof of criminal sexual assault.
(3) Procedures for disciplinary action in cases of
alleged criminal sexual assault involving a cadet or other Academy
personnel.
(4) Any other sanction authorized to be imposed in a
substantiated case of sexual harassment or sexual violence involving a
cadet or other Academy personnel in rape, acquaintance rape, or any
other criminal sexual offense, whether forcible or nonforcible.
(5) Required training on the policy for all cadets and
other Academy personnel, including the specific training required for
personnel who process allegations of sexual harassment or sexual
violence involving Academy personnel.
(1) The Secretary, through the Commandant of the Coast
Guard, shall direct the Superintendent of the Coast Guard Academy to
conduct an assessment during each Academy program year to determine the
effectiveness of the Academy's policies, training, and procedures on
sexual harassment and sexual violence involving cadets and other
Academy personnel.
(2) For the assessment for each of the 2009, 2010,
2011, 2012, and 2013 Academy program years, the Superintendent shall
conduct a survey of all Academy personnel--
(i) the incidence, during that program year, of
sexual harassment and sexual violence events, on or off the Academy
reservation, that have been reported to officials of the Academy; and
(ii) the incidence, in that program year, of
sexual harassment and sexual violence events, on or off the Academy
reservation, that have not been reported to officials of the Academy;
and
(B) to assess the perceptions of Academy personnel on--
(i) the policies, training, and procedures on sexual harassment and sexual violence involving Academy personnel;
(ii) the enforcement of such policies;
(iii) the incidence of sexual harassment and violence involving Academy personnel in such program year; and
(iv) any other issues relating to sexual harassment and violence involving Academy personnel.
(1) The Commandant of the Coast Guard shall direct the
Superintendent of the Coast Guard Academy to submit to the Commandant a
report on sexual harassment and sexual violence involving Academy
personnel for each of the 2009, 2010, 2011, 2012, and 2013 Academy
program years.
(2) The annual report under paragraph (1) shall
contain, for the Academy program year covered by the report, the
following matters:
(A) The number of sexual assaults, rapes, and other
sexual offenses involving Academy personnel that have been reported to
Academy officials during the program year, and the number of the
reported cases that have been substantiated.
(B) The policies, procedures, and processes
implemented by the Commandant of the Coast Guard and the leadership of
the Coast Guard Academy in response to sexual harassment and sexual
violence involving Academy personnel during the program year.
(C) In the report for the 2009 Academy program
year, a discussion of the survey conducted under subsection (b),
together with an analysis of the results of the survey and a discussion
of any initiatives undertaken on the basis of such results and analysis.
(D) In the report for each of the subsequent
Academy program years, the results of the annual survey conducted in
such program year under subsection (b).
(E) A plan for the actions that are to be taken in
the following Academy program year regarding prevention of and response
to sexual harassment and sexual violence involving Academy personnel.
(3) The Commandant of the Coast Guard shall transmit
the annual report on the Coast Guard Academy required under this
subsection, together with the Commandant's comments on the report, to
the Secretary and the Board of Visitors of the Academy.
(4) The Secretary shall transmit the annual report,
together with the Secretary's comments on the report, to the Committee
on Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of the
Senate.
(5) The report for the 2009 Academy program year for
the Academy shall be submitted to the Commandant of the Coast Guard not
later than one year after the date of the enactment of this Act.
(6) In this subsection, the term `Academy program year'
with respect to a year, means the Academy program year that ends in
that year.
SEC. 223. HOME PORT OF COAST GUARD VESSELS IN GUAM.
Section 96 of title 14, United States Code, is amended--
(1) by striking `a State of the United States' and inserting `the United States or Guam'; and
(2) by inserting `or Guam' after `outside the United States'.
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 semicolon 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 following:
`(C) the vessel is either a rebuilt vessel or a
replacement vessel under section 208(g) of the American Fisheries Act
(title II of division C of Public Law 105-277; 112 Stat. 2681-627) and
is eligible for a fishery endorsement under this section.'.
(b) Conforming Amendments-
(1) VESSEL REBUILDING AND REPLACEMENT- 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 Replacement-
`(A) REBUILD OR REPLACE- Notwithstanding 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
Regulations, as in effect on the date of enactment of the Coast Guard
Authorization Act of 2008 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 vessel safety and
operational efficiencies (including fuel efficiency), may rebuild or
replace that vessel (including fuel efficiency) with a vessel
documented with a fishery endorsement under section 12113 of title 46,
United States Code.
`(B) SAME REQUIREMENTS- The rebuilt or replacement
vessel shall be eligible in the same manner and subject to the same
restrictions and limitations under such subsection as the vessel being
rebuilt or replaced.
`(C) TRANSFER OF PERMITS AND LICENSES- Each fishing
permit and license held by the owner of a vessel or vessels to be
rebuilt or replaced under subparagraph (A) shall be transferred to the
rebuilt or replacement vessel.
`(2) RECOMMENDATIONS OF NORTH PACIFIC COUNCIL- The
North Pacific Council may recommend for approval by the Secretary such
conservation and management measures, including size limits and
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 Islands Management Area or the
Gulf of Alaska.
`(3) SPECIAL RULE FOR REPLACEMENT OF CERTAIN VESSELS-
`(A) IN GENERAL- Notwithstanding the requirements
of subsections (b)(2), (c)(1), and (c)(2) of section 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 section 203(g) or
213(g) may be replaced with a replacement vessel under paragraph (1) if
the vessel that is replaced is validly documented with a fishery
endorsement pursuant to section 203(g) or 213(g) before the replacement
vessel is documented with a fishery endorsement under section 12113 of
title 46, United States Code.
`(B) APPLICABILITY- A replacement vessel under
subparagraph (A) and its owner and mortgagee are subject to the same
limitations under section 203(g) or 213(g) that are applicable to the
vessel that has been replaced and its owner and mortgagee.
`(4) SPECIAL RULES FOR CERTAIN CATCHER VESSELS-
`(A) IN GENERAL- A replacement for a covered vessel
described in subparagraph (B) is prohibited from harvesting 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) established under section 302(a) of the
Magnuson-Stevens Act.
`(B) COVERED VESSELS- A covered vessel referred to in subparagraph (A) is--
`(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 ENDORSEMENTS- Any vessel
that is replaced under this subsection shall thereafter not be eligible
for a fishery endorsement under section 12113 of title 46, United
States Code, unless that vessel is also a replacement vessel described
in paragraph (1).
`(6) GULF OF ALASKA LIMITATION- Notwithstanding
paragraph (1), the Secretary shall prohibit from participation in the
groundfish fisheries of the Gulf of Alaska any vessel that is rebuilt
or replaced under this subsection and that exceeds the maximum length
overall specified on the license that authorizes fishing for groundfish
pursuant to the license limitation program under part 679 of title 50,
Code of Federal Regulations, as in effect on the date of enactment of
the Coast Guard Authorization Act of 2008.
`(7) AUTHORITY OF PACIFIC COUNCIL- Nothing in this
section shall be construed to diminish or otherwise affect the
authority of the Pacific Council to recommend to the Secretary
conservation and management measures to protect fisheries under its
jurisdiction (including the Pacific whiting fishery) and participants
in such fisheries from adverse impacts 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 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 PROVISIONS- 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 beginning with `the Secretary shall' in paragraph (1) 2 ems to the right; and
(B) by adding at the end the following:
`(7) FISHERY COOPERATIVE EXIT PROVISIONS-
`(A) FISHING ALLOWANCE DETERMINATION- For purposes
of determining the aggregate percentage of directed fishing allowances
under paragraph (1), when a catcher vessel is removed from the directed
pollock fishery, the fishery allowance for pollock for the vessel being
removed--
`(i) shall be based on the catch history
determination for the vessel made pursuant to section 679.62 of title
50, Code of Federal Regulations, as in effect on the date of enactment
of the Coast Guard Authorization Act of 2008; 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
participating 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 fishery.
`(B) ELIGIBILITY FOR FISHERY ENDORSEMENT- Except as
provided in subparagraph (C), a vessel that is removed 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 fishery within the exclusive economic zone of the
United States shall be extinguished, unless such removed vessel is
thereafter designated to replace a vessel to be removed pursuant to
this paragraph.
`(C) LIMITATIONS ON STATUTORY CONSTRUCTION- Nothing in this paragraph 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) ineligible for a
fishery endorsement or any permit necessary to participate in any
fishery under the authority of the New England Fishery Management
Council or the Mid-Atlantic Fishery Management Council established,
respectively, under subparagraphs (A) and (B) of section 302(a)(1) of
the Magnuson-Stevens Act; or
`(ii) to allow the vessels referred to in
clause (i) to participate in any fishery under the authority of the
Councils referred to in clause (i) in any manner that is not consistent
with the fishery management plan for the fishery developed by the
Councils under section 303 of the Magnuson-Stevens Act.'.
SEC. 302. GOODS AND SERVICES.
Section 4(b) of the Act of July 5, 1884, commonly known as
the Rivers and Harbors Appropriation Act of 1884 (33 U.S.C. 5(b)), is
amended--
(1) by striking `or' at the end of paragraph (2)(C);
(2) by striking the period at the end of paragraph (3) and inserting `; or'; and
(3) by adding at the end the following:
`(4) sales taxes on goods and services provided to or
by vessels or watercraft (other than vessels or watercraft primarily
engaged in foreign commerce).'.
SEC. 303. SEAWARD EXTENSION OF ANCHORAGE GROUNDS JURISDICTION.
Section 7 of the Rivers and Harbors Appropriations Act of 1915 (33 U.S.C. 471) is amended--
(1) by striking `That the' and inserting the following:
(2) in subsection (a) (as designated by paragraph (1))
by striking `$100; and the' and inserting `up to $10,000. Each day
during which a violation continues shall constitute a separate
violation. The';
(3) by adding at the end the following:
`(b) Definition- As used in this section `navigable waters
of the United States' includes all waters of the territorial sea of the
United States as described in Presidential Proclamation No. 5928 of
December 27, 1988.'.
SEC. 304. MARITIME DRUG LAW ENFORCEMENT ACT AMENDMENT-SIMPLE POSSESSION.
Section 70506 of title 46, United States Code, is amended by adding at the end the following:
`(1) IN GENERAL- Any individual on a vessel subject to
the jurisdiction of the United States who is found by the Secretary,
after notice and an opportunity for a hearing, to have knowingly or
intentionally possessed a controlled substance within the meaning of
the Controlled Substances Act (21 U.S.C. 812) shall be liable to the
United States for a civil penalty of not to exceed $10,000 for each
violation. The Secretary shall notify the individual in writing of the
amount of the civil penalty.
`(2) DETERMINATION OF AMOUNT- In determining the amount
of the penalty, the Secretary shall consider the nature, circumstances,
extent, and gravity of the prohibited acts committed and, with respect
to the violator, the degree of culpability, any history of prior
offenses, ability to pay, and other matters that justice requires.
`(3) TREATMENT OF CIVIL PENALTY ASSESSMENT- Assessment
of a civil penalty under this subsection shall not be considered a
conviction for purposes of State or Federal law but may be considered
proof of possession if such a determination is relevant.'.
SEC. 305. TECHNICAL AMENDMENTS TO TONNAGE MEASUREMENT LAW.
(a) Definitions- Section 14101(4) of title 46, United States Code, is amended--
(1) by striking `engaged' the first place it appears and inserting `that engages';
(2) in subparagraph (A), by striking `arriving' and inserting `that arrives';
(3) in subparagraph (B)--
(A) by striking `making' and inserting `that makes'; and
(B) by striking `(except a foreign vessel engaged on that voyage)';
(4) in subparagraph (C), by striking `departing' and inserting `that departs'; and
(5) in subparagraph (D), by striking `making' and inserting `that makes'.
(b) Delegation of Authority- Section 14103(c) of that title
is amended by striking `intended to be engaged on' and inserting `that
engages on'.
(c) Application- Section 14301 of that title is amended--
(1) by amending subsection (a) to read as follows:
`(a) Except as otherwise provided in this section, this
chapter applies to any vessel for which the application of an
international agreement or other law of the United States to the vessel
depends on the vessel's tonnage.';
(A) in paragraph (1), by striking the period at the
end and inserting `, unless the government of the country to which the
vessel belongs elects to measure the vessel under this chapter.';
(B) in paragraph (3), by inserting `of United
States or Canadian registry or nationality, or a vessel operated under
the authority of the United States or Canada, and that is' after
`vessel';
(C) in paragraph (4), by striking `a vessel (except
a vessel engaged' and inserting `a vessel of United States registry or
nationality, or one operated under the authority of the United States
(except a vessel that engages';
(D) by striking paragraph (5);
(E) by redesignating paragraph (6) as paragraph (5); and
(F) by amending paragraph (5), as so redesignated, to read as follows:
`(5) a barge of United States registry or nationality,
or a barge operated under the authority of the United States (except a
barge that engages on a foreign voyage) unless the owner requests.';
(3) by striking subsection (c);
(4) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively; and
(5) in subsection (c), as redesignated, by striking
`After July 18, 1994, an existing vessel (except an existing vessel
referred to in subsection (b)(5)(A) or (B) of this section)' and
inserting `An existing vessel that has not undergone a change that the
Secretary finds substantially affects the vessel's gross tonnage (or a
vessel to which IMO Resolutions A.494 (XII) of November 19, 1981, A.540
(XIII) of November 17, 1983, or A.541 (XIII) of November 17, 1983
apply)'.
(d) Measurement- Section 14302(b) of that title is amended to read as follows:
`(b) A vessel measured under this chapter may not be required to be measured under another law.'.
(1) ISSUANCE- Section 14303 of title 46, United States Code, is amended--
(A) in subsection (a), by adding at the end the
following: `For a vessel to which the Convention does not apply, the
Secretary shall prescribe a certificate to be issued as evidence of a
vessel's measurement under this chapter.';
(B) in subsection (b), by inserting `issued under this section' after `certificate'; and
(C) in the section heading by striking `International' and `(1969)'.
(2) MAINTENANCE- Section 14503 of that title is amended--
(A) by designating the existing text as subsection (a); and
(B) by adding at the end the following new subsection:
`(b) The certificate shall be maintained as required by the Secretary.'.
(3) CLERICAL AMENDMENT- The analysis at the beginning
of chapter 143 of that title is amended by striking the item relating
to section 14303 and inserting the following:
`14303. Tonnage Certificate.'.
(f) Optional Regulatory Measurement- Section 14305(a) of
that title is amended by striking `documented vessel measured under
this chapter,' and inserting `vessel measured under this chapter that
is of United States registry or nationality, or a vessel operated under
the authority of the United States,'.
(g) Application- Section 14501 of that title is amended--
(1) by amending paragraph (1) to read as follows:
`(1) A vessel not measured under chapter 143 of this
title if the application of an international agreement or other law of
the United States to the vessel depends on the vessel's tonnage.'; and
(2) in paragraph (2), by striking `a vessel' and inserting `A vessel'.
(h) Dual Tonnage Measurement- Section 14513(c) of that title is amended--
(A) by striking `vessel's tonnage mark is below the
uppermost part of the load line marks,' and inserting `vessel is
assigned two sets of gross and net tonnages under this section,'; and
(B) by inserting `vessel's tonnage' before `mark' the second place such term appears; and
(2) in paragraph (2), by striking the period at the end and inserting `as assigned under this section.'.
(i) Reciprocity for Foreign Vessels- Subchapter II of chapter 145 of that title is amended by adding at the end the following:
`Sec. 14514. Reciprocity for foreign vessels
`For a foreign vessel not measured under chapter 143, if
the Secretary finds that the laws and regulations of a foreign country
related to measurement of vessels are substantially similar to those of
this chapter and the regulations prescribed under this chapter, the
Secretary may accept the measurement and certificate of a vessel of
that foreign country as complying with this chapter and the regulations
prescribed under this chapter.'.
(j) Clerical Amendment- The analysis for subchapter II of
chapter 145 of such title is amended by adding at the end the following:
`14514. Reciprocity for foreign vessels.'.
SEC. 306. COLD WEATHER SURVIVAL TRAINING.
(a) Report- The Commandant of the Coast Guard shall report
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the efficacy of cold weather survival
training conducted by the Coast Guard in Coast Guard District 17 over
the preceding 5 years. The report shall include plans for conducting
such training in fiscal years 2008 through 2011.
(b) Authorization of Appropriations for Training- There are
authorized to be appropriated to the Secretary of Homeland Security
$150,000 to carry out cold weather survival training in Coast Guard
District 17.
SEC. 307. FISHING VESSEL SAFETY.
(a) Safety Standards- Section 4502 of title 46, United States Code, is amended--
(1) in subsection (a), by--
(A) striking paragraphs (6) and (7) and inserting the following:
`(6) other equipment required to minimize the risk of
injury to the crew during vessel operations, if the Secretary
determines that a risk of serious injury exists that can be eliminated
or mitigated by that equipment; and'; and
(B) redesignating paragraph (8) as paragraph (7);
(A) in paragraph (1) in the matter preceding subparagraph (A), by striking `documented';
(B) in paragraph (1)(A), by striking `the Boundary
Line' and inserting `3 nautical miles from the baseline from which the
territorial sea of the United States is measured or beyond 3 nautical
miles from the coastline of the Great Lakes';
(C) in paragraph (2)(B), by striking `lifeboats or
liferafts' and inserting `a survival craft that ensures that no part of
an individual is immersed in water';
(D) in paragraph (2)(D), by inserting `marine' before `radio';
(E) in paragraph (2)(E), by striking `radar
reflectors, nautical charts, and anchors' and inserting `nautical
charts, and publications';
(F) in paragraph (2)(F), by striking `, including
medicine chests' and inserting `and medical supplies sufficient for the
size and area of operation of the vessel' and
(G) by amending paragraph (2)(G) to read as follows:
`(G) ground tackle sufficient for the vessel.';
(3) by amending subsection (f) to read as follows:
`(f) To ensure compliance with the requirements of this chapter, the Secretary--
`(1) shall require the individual in charge of a vessel
described in subsection (b) to keep a record of equipment maintenance,
and required instruction and drills; and
`(2) shall examine at dockside a vessel described in
subsection (b) at least twice every 5 years, and shall issue a
certificate of compliance to a vessel meeting the requirements of this
chapter.'; and
(4) by adding at the end the following:
`(g)(1) The individual in charge of a vessel described in
subsection (b) must pass a training program approved by the Secretary
that meets the requirements in paragraph (2) of this subsection and
hold a valid certificate issued under that program.
`(2) The training program shall--
`(A) be based on professional knowledge and skill
obtained through sea service and hands-on training, including training
in seamanship, stability, collision prevention, navigation, fire
fighting and prevention, damage control, personal survival, emergency
medical care, and weather;
`(B) require an individual to demonstrate ability to
communicate in an emergency situation and understand information found
in navigation publications;
`(C) recognize and give credit for recent past experience in fishing vessel operation; and
`(D) provide for issuance of a certificate to an individual that has successfully completed the program.
`(3) The Secretary shall prescribe regulations implementing
this subsection. The regulations shall require that individuals who are
issued a certificate under paragraph (2)(D) must complete refresher
training at least once every 5 years as a condition of maintaining the
validity of the certificate.
`(4) The Secretary shall establish a publicly accessible
electronic database listing the names of individuals who have
participated in and received a certificate confirming successful
completion of a training program approved by the Secretary under this
section.
`(h) A vessel to which this chapter applies shall be
constructed in a manner that provides a level of safety equivalent to
the minimum safety standards the Secretary may established for
recreational vessels under section 4302, if--
`(1) subsection (b) of this section applies to the vessel;
`(2) the vessel is less than 50 feet overall in length; and
`(3) the vessel is built after January 1, 2008.
`(i)(1) The Secretary shall establish a Fishing Safety
Training Grants Program to provide funding to municipalities, port
authorities, other appropriate public entities, not-for-profit
organizations, and other qualified persons that provide commercial
fishing safety training--
`(A) to conduct fishing vessel safety training for vessel operators and crewmembers that--
`(i) in the case of vessel operators, meets the requirements of subsection (g); and
`(ii) in the case of crewmembers, meets the
requirements of subsection (g)(2)(A), such requirements of subsection
(g)(2)(B) as are appropriate for crewmembers, and the requirements of
subsections (g)(2)(D), (g)(3), and (g)(4); and
`(B) for purchase of safety equipment and training aids for use in those fishing vessel safety training programs.
`(2) The Secretary shall award grants under this subsection on a competitive basis.
`(3) The Federal share of the cost of any activity carried out with a grant under this subsection shall not exceed 75 percent.
`(4) There is authorized to be appropriated $3,000,000 for
each of fiscal years 2008 through 2012 for grants under this subsection.
`(j)(1) The Secretary shall establish a Fishing Safety
Research Grant Program to provide funding to individuals in academia,
members of non-profit organizations and businesses involved in fishing
and maritime matters, and other persons with expertise in fishing
safety, to conduct research on methods of improving the safety of the
commercial fishing industry, including vessel design, emergency and
survival equipment, enhancement of vessel monitoring systems,
communications devices, de-icing technology, and severe weather
detection.
`(2) The Secretary shall award grants under this subsection on a competitive basis.
`(3) The Federal share of the cost of any activity carried
out with a grant under this subsection shall not exceed 75 percent.'.
(b) Conforming Amendment- Section 4506(b) of title 46, United States Code, is repealed.
(1) CHANGE OF NAME- Section 4508 of title 46, United States Code, is amended--
(A) by striking the section heading and inserting the following:
`Sec. 4508. Commercial Fishing Safety Advisory Committee';
(B) in subsection (a) by striking `Industry Vessel'.
(2) CLERICAL AMENDMENT- The table of section at the
beginning of chapter 45 of title 46, United States Code, is amended by
striking the item relating to such section and inserting the following:
`4508. Commercial Fishing Safety Advisory Committee.'.
(d) Loadlines for Vessels Over 79 Feet- Section 5102(b)(3)
of title 46, United States Code, is amended by inserting after `vessel'
the following `, unless the vessel is built or undergoes a major
conversion completed after January 1, 2008'.
(1) IN GENERAL- Section 4503 of title 46, United States Code, is amended--
(A) by striking the section heading and inserting the following:
`Sec. 4503. Fishing, fish tender, and fish processing vessel certification';
(B) in subsection (a) by striking `fish processing'; and
(C) by adding at the end the following:
`(c) This section applies to a vessel to which section 4502(b) of this title applies that--
`(1) is at least 50 feet overall in length;
`(2) is built after January 1, 2008; or
`(3) undergoes a major conversion completed after that date.
`(d)(1) After January 1, 2018, a fishing vessel, fish
processing vessel, or fish tender vessel to which section 4502(b) of
this title applies shall comply with an alternate safety compliance
program that is developed in cooperation with the commercial fishing
industry and prescribed by the Secretary, if the vessel--
`(A) is at least 50 feet overall in length;
`(B) is built before January 1, 2008; and
`(C) is 25 years of age or older.
`(2) Alternative safety compliance programs may be developed for purposes of paragraph (1) for specific regions and fisheries.
`(3) A fishing vessel, fish processing vessel, or fish
tender vessel to which section 4502(b) of this title applies that was
classed before January 1, 2008, shall--
`(A) remain subject to the requirements of a classification society approved by the Secretary; and
`(B) have on board a certificate from that society.'.
(2) CLERICAL AMENDMENT- The table of section at the
beginning of chapter 45 of title 46, United States Code, is amended by
striking the item relating to such section and inserting the following:
`4503. Fishing, fish tender, and fish processing vessel certification.'.
(f) Alternative Safety Compliance Program- No later than
January 1, 2015, the Secretary of the department in which the Coast
Guard is operating shall prescribe an alternative safety compliance
program referred to in section 4503(d) of the title 46, United States
Code, as amended by this section.
SEC. 308. MARINER RECORDS.
Section 7502 of title 46, United States Code, is amended--
(1) by inserting `(a)' before `The';
(2) by striking `computerized records' and inserting `records, including electronic records,'; and
(3) by adding at the end the following:
`(b) The Secretary may prescribe regulations requiring a
vessel owner or managing operator of a commercial vessel, or the
employer of a seaman on that vessel, to maintain records of each
individual engaged on the vessel on matters of engagement, discharge,
and service for not less than 5 years after the date of the completion
of the service of that individual on the vessel. The regulations may
require that a vessel owner, managing operator, or employer shall make
these records available to the individual and the Coast Guard on
request.
`(c) A person violating this section, or a regulation
prescribed under this section, is liable to the United States
Government for a civil penalty of not more than $5,000.'.
SEC. 309. DELETION OF EXEMPTION OF LICENSE REQUIREMENT FOR OPERATORS OF CERTAIN TOWING VESSELS.
Section 8905 of title 46, United States Code, is amended--
(1) by striking subsection (b); and
(2) by redesignating subsection (c) as subsection (b).
SEC. 310. ADJUSTMENT OF LIABILITY LIMITS FOR NATURAL GAS DEEPWATER PORTS.
Section 1004(d)(2) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(d)(2)) is amended by adding at the end the following:
`(D) The Secretary may establish, by regulation, a
limit of liability of not less than $12,000,000 for a deepwater port
used only in connection with transportation of natural gas.'.
SEC. 311. PERIOD OF LIMITATIONS FOR CLAIMS AGAINST OIL SPILL LIABILITY TRUST FUND.
Section 1012(h)(1) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(h)(1)) is amended by striking `6' and inserting `3'.
SEC. 312. LOG BOOKS.
(a) In General- Chapter 113 of title 46, United States Code, is amended by adding at the end the following:
`Sec. 11304. Additional logbook and entry requirements
`(a) A vessel of the United States that is subject to
inspection under section 3301 of this title, except a vessel on a
voyage from a port in the United States to a port in Canada, shall have
an official logbook, which shall be kept available for review by the
Secretary on request.
`(b) The log book required by subsection (a) shall include the following entries:
`(1) The time when each seaman and each officer assumed or relieved the watch.
`(2) The number of hours in service to the vessels of each seaman and each officer.
`(3) An account of each accident, illness, and injury that occurs during each watch.'.
(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following:
`11304. Additional logbook and entry requirements.'.
SEC. 313. UNSAFE OPERATION.
(a) In General- Chapter 21 of title 46, United States Code, is amended by adding at the end the following new section:
`Sec. 2116. Termination for unsafe operation
`An individual authorized to enforce this title--
`(1) may remove a certificate required by this title
from a vessel that is operating in a condition that does not comply
with the provisions of the certificate;
`(2) may order the individual in charge of a vessel
that is operating that does not have on board the certificate required
by this title to return the vessel to a mooring and to remain there
until the vessel is in compliance with this title; and
`(3) may direct the individual in charge of a vessel to
which this title applies to immediately take reasonable steps necessary
for the safety of individuals on board the vessel if the official
observes the vessel being operated in an unsafe condition that the
official believes creates an especially hazardous condition, including
ordering the individual in charge to return the vessel to a mooring and
to remain there until the situation creating the hazard is corrected or
ended.'.
(b) Clerical Amendment- The table of sections at the beginning of that title is amended by adding at the end the following:
`2116. Termination for unsafe operation.'.
SEC. 314. APPROVAL OF SURVIVAL CRAFT.
(a) In General- Chapter 31 of title 46, United States Code, is amended by adding at the end the following new section:
`Sec. 3104. Survival craft
`(a) Except as provided in subsection (b), the Secretary
may not approve a survival craft as a safety device for purposes of
this part, unless the craft ensures that no part of an individual is
immersed in water.
`(b) The Secretary may authorize a survival craft that does
not provide protection described in subsection (a) to remain in service
until not later than January 1, 2013, if--
`(1) it was approved by the Secretary before January 1, 2008; and
`(2) it is in serviceable condition.'.
(b) Clerical Amendment- The table of sections at the beginning of that title is amended by adding at the end the following:
SEC. 315. SAFETY MANAGEMENT.
(a) Vessels to Which Requirements Apply- Section 3202 of title 46, United States Code, is amended--
(1) in subsection (a) by striking the heading and inserting `Foreign Voyages and Foreign Vessels- ';
(2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively;
(3) by inserting after subsection (a) the following:
`(b) Other Passenger Vessels- This chapter applies to a vessel that is--
`(1) a passenger vessel or small passenger vessel; and
`(2) is transporting more passengers than a number
prescribed by the Secretary based on the number of individuals on the
vessel that could be killed or injured in a marine casualty.';
(4) in subsection (d), as so redesignated, by striking `subsection (b)' and inserting `subsection (c)';
(5) in subsection (d)(4), as so redesignated, by
inserting `that is not described in subsection (b) of this section'
after `waters'.
(b) Safety Management System- Section 3203 of title 46,
United States Code, is amended by adding at the end the following new
subsection:
`(c) In prescribing regulations for passenger vessels and small passenger vessels, the Secretary shall consider--
`(1) the characteristics, methods of operation, and nature of the service of these vessels; and
`(2) with respect to vessels that are ferries, the sizes of the ferry systems within which the vessels operate.'.
SEC. 316. PROTECTION AGAINST DISCRIMINATION.
(a) In General- Section 2114 of title 46, United States Code, is amended--
(1) in subsection (a)(1)(A), by striking `or' after the semicolon;
(2) in subsection (a)(1)(B), by striking the period at the end and inserting a semicolon;
(3) by adding at the end of subsection (a)(1) the following new subparagraphs:
`(C) the seaman testified in a proceeding brought to enforce a maritime safety law or regulation prescribed under that law;
`(D) the seaman notified, or attempted to notify, the
vessel owner or the Secretary of a work-related personal injury or
work-related illness of a seaman;
`(E) the seaman cooperated with a safety investigation by the Secretary or the National Transportation Safety Board;
`(F) the seaman furnished information to the Secretary,
the National Transportation Safety Board, or any other public official
as to the facts relating to any marine casualty resulting in injury or
death to an individual or damage to property occurring in connection
with vessel transportation; or
`(G) the seaman accurately reported hours of duty under this part.'; and
(4) by amending subsection (b) to read as follows:
`(b) A seaman alleging discharge or discrimination in
violation of subsection (a) of this section, or another person at the
seaman's request, may file a complaint with respect to such allegation
in the same manner as a complaint may be filed under subsection (b) of
section 31105 of title 49. Such complaint shall be subject to the
procedures, requirements, and rights described in that section,
including with respect to the right to file an objection, the right of
a person to file for a petition for review under subsection (c) of that
section, and the requirement to bring a civil action under subsection
(d) of that section.'.
(b) Existing Actions- This section shall not affect the
application of section 2114(b) of title 46, United States Code, as in
effect before the date of enactment of this Act, to an action filed
under that section before that date.
SEC. 317. DRY BULK CARGO RESIDUE.
Section 623(a)(2) of the Coast Guard and Maritime
Transportation Act of 2004 (33 U.S.C. 1901 note) is amended by striking
`2008' and inserting `2011'.
SEC. 318. OIL FUEL TANK PROTECTION.
Section 3306 of title 46, United States Code, is amended by adding at the end the following new subsection:
`(k)(1) Each vessel of the United States that is
constructed under a contract entered into after the date of enactment
of the Coast Guard Authorization Act of 2008, or that is delivered
after August 1, 2010, with an aggregate capacity of 600 cubic meters or
more of oil fuel, shall comply with the requirements of Regulation 12A
under Annex I to the Protocol of 1978 relating to the International
Convention for the Prevention of Pollution from Ships, 1973, entitled
`Oil Fuel Tank Protection.'
`(2) The Secretary may prescribe regulations to apply the
requirements described in Regulation 12A to vessels described in
paragraph (1) that are not otherwise subject to that convention. Any
such regulation shall be considered to be an interpretive rule for the
purposes of section 553 of title 5.
`(3) In this subsection the term `oil fuel' means any oil
used as fuel in connection with the propulsion and auxiliary machinery
of the vessel in which such oil is carried.'.
SEC. 319. REGISTRY ENDORSEMENT FOR LNG VESSELS.
Section 12111 of title 46, United States Code, is amended by adding at the end the following:
`(d)(1) A vessel for which a registry endorsement is not
issued may not engage in regasifying on navigable waters unless the
vessel transported the gas from a foreign port.
`(2) Nothing in paragraph (1) or any other provision of this title may be construed as--
`(A) applying to such paragraph a definition of the
term `vessel' that includes any structure on, in, or under the
navigable waters of the United States that the Coast Guard regulates as
a waterfront facility handling liquified natural gas under part 127 of
title 33, Code of Federal Regulations; or
`(B) having any effect on the jurisdiction of the
Federal Energy Regulatory Commission under section 3(e)(1) of the
Natural Gas Act.
`(3) Paragraph (2)(A) does not affect the authority of the
Coast Guard to modify the provisions of part 127 of title 33, Code of
Federal Regulations.'.
SEC. 320. OATHS.
Sections 7105 and 7305 of title 46, United States Code, and
the items relating to such sections in the analysis for chapters 71 and
73 of such title, are repealed.
SEC. 321. DURATION OF CREDENTIALS.
(a) Merchant Mariner's Documents- Section 7302(f) of title 46, United States Code, is amended to read as follows:
`(f) Periods of Validity and Renewal of Merchant Mariners' Documents-
`(1) IN GENERAL- Except as provided in subsection (g),
a merchant mariner's document issued under this chapter is valid for a
5-year period and may be renewed for additional 5-year periods.
`(2) ADVANCE RENEWALS- A renewed merchant mariner's
document may be issued under this chapter up to 8 months in advance but
is not effective until the date that the previously issued merchant
mariner's document expires.'.
(b) Duration of Licenses- Section 7106 of such title is amended to read as follows:
`Sec. 7106. Duration of licenses
`(a) In General- A license issued under this part is valid
for a 5-year period and may be renewed for additional 5-year periods;
except that the validity of a license issued to a radio officer is
conditioned on the continuous possession by the holder of a first-class
or second-class radiotelegraph operator license issued by the Federal
Communications Commission.
`(b) Advance Renewals- A renewed license issued under this
part may be issued up to 8 months in advance but is not effective until
the date that the previously issued license expires.'.
(c) Certificates of Registry- Section 7107 of such title is amended to read as follows:
`Sec. 7107. Duration of certificates of registry
`(a) In General- A certificate of registry issued under
this part is valid for a 5-year period and may be renewed for
additional 5-year periods; except that the validity of a certificate
issued to a medical doctor or professional nurse is conditioned on the
continuous possession by the holder of a license as a medical doctor or
registered nurse, respectively, issued by a State.
`(b) Advance Renewals- A renewed certificate of registry
issued under this part may be issued up to 8 months in advance but is
not effective until the date that the previously issued certificate of
registry expires.'.
SEC. 322. FINGERPRINTING.
(a) Merchant Mariner Licenses and Documents- Chapter 75 of
title 46, United States Code, is amended by adding at the end the
following:
`Sec. 7507. Fingerprinting
`The Secretary of the Department in which the Coast Guard
is operating may not require an individual to be fingerprinted for the
issuance or renewal of a license, a certificate of registry, or a
merchant mariner's document under chapter 71 or 73 if the individual
was fingerprinted when the individual applied for a transportation
security card under section 70105.'.
(b) Clerical Amendment- The analysis for such chapter is amended by adding at the end the following:
SEC. 323. AUTHORIZATION TO EXTEND THE DURATION OF LICENSES, CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS' DOCUMENTS.
(a) Merchant Mariner Licenses and Documents- Chapter 75 of
title 46, United States Code, as amended by section 322(a) of this Act,
is further amended by adding at the end the following:
`Sec. 7508. Authority to extend the duration of licenses, certificates of registry, and merchant mariner documents
`(a) Licenses and Certificates of Registry- Notwithstanding
sections 7106 and 7107, the Secretary of the department in which the
Coast Guard is operating may extend for one year an expiring license or
certificate of registry issued for an individual under chapter 71 if
the Secretary determines that extension is required to enable the Coast
Guard to eliminate a backlog in processing applications for those
licenses or certificates of registry.
`(b) Merchant Mariner Documents- Notwithstanding section
7302(g), the Secretary may extend for one year an expiring merchant
mariner's document issued for an individual under chapter 71 if the
Secretary determines that extension is required to enable the Coast
Guard to eliminate a backlog in processing applications for those
documents.
`(c) Manner of Extension- Any extensions granted under this
section may be granted to individual seamen or a specifically
identified group of seamen.
`(d) Expiration of Authority- The authority for providing an extension under this section shall expire on June 30, 2009.'.
(b) Clerical Amendment- The analysis for such chapter, as
amended by section 322(b), is further amended by adding at the end the
following:
`7508. Authority to extend the duration of licenses, certificates of registry, and merchant mariner documents.'.
SEC. 324. MERCHANT MARINER DOCUMENTATION.
(a) Interim Clearance Process- Not later than 180 days
after the date of enactment of this Act, the Secretary of the
department in which the Coast Guard is operating shall develop an
interim clearance process for issuance of a merchant mariner document
to enable a newly hired seaman to begin working on an offshore supply
vessel or towing vessel if the Secretary makes an initial determination
that the seaman does not pose a safety and security risk.
(b) Contents of Process- The process under subsection (a)
shall include a check against the consolidated and integrated terrorist
watch list maintained by the Federal Government, review of the seaman's
criminal record, and review of the results of testing the seaman for
use of a dangerous drug (as defined in section 2101 of title 46, United
States Code) in violation of law or Federal regulation.
SEC. 325. MERCHANT MARINER ASSISTANCE REPORT.
Not later than 180 days after the date of enactment of this
Act, the Commandant of the Coast Guard shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report regarding a plan--
(1) to expand the streamlined evaluation process
program that was affiliated with the Houston Regional Examination
Center of the Coast Guard to all processing centers of the Coast Guard
nationwide;
(2) to include proposals to simplify the application
process for a license as an officer, staff officer, or operator and for
a merchant mariner's document to help eliminate errors by merchant
mariners when completing the application form (CG-719B), including
instructions attached to the application form and a modified
application form for renewals with questions pertaining only to the
period of time since the previous application;
(3) to provide notice to an applicant of the status of
the pending application, including a process to allow the applicant to
check on the status of the application by electronic means; and
(4) to ensure that all information collected with
respect to applications for new or renewed licenses, merchant mariner
documents, and certificates of registry is retained in a secure
electronic format.
SEC. 326. MERCHANT MARINER SHORTAGE REPORT.
Not later than 180 days after the date of enactment of this
Act, the Secretary of Transportation, acting through the Administrator
of the Maritime Administration, shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report concerning methods to address the current and future shortage in
the number of merchant mariners, particularly entry-level mariners,
including an evaluation of whether an educational loan program
providing loans for the cost of on-the-job training would provide an
incentive for workers and help alleviate the shortage.
SEC. 327. MERCHANT MARINER DOCUMENT STANDARDS.
Not later than 270 days after the date of enactment of this
Act, the Secretary of the department in which the Coast Guard is
operating shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate--
(1) a plan to ensure that the process for an
application, by an individual who has, or has applied for, a
transportation security card under section 70105 of title 46, United
States Code, for a merchant mariner document can be completed entirely
by mail; and
(2) a report on the feasibility of, and a timeline to,
redesign the merchant mariner document to comply with the requirements
of such section, including a biometric identifier, and all relevant
international conventions, including the International Labour
Organization Convention Number 185 concerning the seafarers identity
document, and include a review on whether or not such redesign will
eliminate the need for separate credentials and background screening
and streamline the application process for mariners.
SEC. 328. REPORT ON COAST GUARD DETERMINATIONS.
Not later than 180 days after enactment of this Act, the
Secretary of Homeland Security shall provide to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report on the loss of United States shipyard jobs and industrial base
expertise as a result of rebuild, conversion, and double-hull work on
United States-flag vessels eligible to engage in the coastwise trade
being performed in foreign shipyards, enforcement of the Coast Guard's
foreign rebuild determination regulations, and recommendations for
improving the transparency in the Coast Guard's foreign rebuild
determination process.
SEC. 329. PILOT REQUIRED.
Section 8502(g) of title 46, United States Code, is amended--
(1) in paragraph (1), by inserting `and Buzzards Bay, Massachusetts' before `, if any,'; and
(2) by adding at the end the following:
`(3) In any area of Buzzards Bay, Massachusetts, where
a single-hull tanker or tank vessel carrying 5,000 or more barrels of
oil or other hazardous material is required to be under the direction
and control of a pilot, the pilot may not be a member of the crew of
that vessel, and shall be a pilot licensed--
`(A) by the State of Massachusetts who is operating under a Federal first class pilot's license; or
`(B) under section 7101 of this title who has made
at least 20 round trips on a vessel as a quartermaster, wheelsman, able
seaman, or apprentice pilot, or in an equivalent capacity, including--
`(i) at least 1 round trip through Buzzards Bay in the preceding 12-month period; and
`(ii) if the vessel will be navigating in
periods of darkness in an area of Buzzards Bay where a vessel is
required by regulation to have a pilot, at least 5 round trips through
Buzzards Bay during periods of darkness.'.
SEC. 330. OFFSHORE SUPPLY VESSELS.
(a) Definition- Section 2101(19) of title 46, United States
Code, is amended by striking `of more than 15 gross tons but less than
500 gross tons as measured under section 14502 of this title, or an
alternate tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this title'.
(b) Exemption- Section 5209(b)(1) of the Oceans Act of 1992
(Public Law 102-587; 46 U.S.C. 2101 note) is amended by inserting
before the period at the end the following: `of less than 500 gross
tons as measured under section 14502, or an alternate tonnage measured
under section 14302 of this title as prescribed by the Secretary under
section 14104 of this title.'.
(c) Watches- Section 8104 of title 46, United States Code, is amended--
(1) in subsection (g), by inserting after `offshore
supply vessel' the following: `of less than 500 gross tons as measured
under section 14502 of this title, or an alternate tonnage measured
under section 14302 of this title as prescribed by the Secretary under
section 14104 of this title,';
(2) in subsection (d), by inserting `(1)' after `(d)', and by adding at the end the following:
`(2) Paragraph (1) does not apply to an offshore supply
vessel of more than 6,000 gross tons as measured under section 14302 of
this title if the individuals engaged on the vessel are in compliance
with hours of service requirements (including recording and
record-keeping of that service) prescribed by the Secretary.'; and
(3) in subsection (e), by striking `subsection (d)' and inserting `subsection (d)(1)'.
(d) Minimum Number of Licensed Individuals- Section 8301(b) of title 46, United States Code, is amended to read as follows:
`(b)(1) An offshore supply vessel shall have at least one
mate. Additional mates on an offshore supply vessel of more than 6,000
gross tons as measured under section 14302 of this title shall be
prescribe in accordance with hours of service requirements (including
recording and record-keeping of that service) prescribed by the
Secretary.
`(2) An offshore supply vessel of more than 200 gross tons
as measured under section 14502 of this title, or an alternate tonnage
measured under section 14302 of this title as prescribed by the
Secretary under section 14104 of this title, may not be operated
without a licensed engineer.'.
SEC. 331. RECREATIONAL VESSEL OPERATOR EDUCATION AND TRAINING.
(a) In General- Not later than 180 days after the date of
enactment of this Act, the Secretary of the department in which the
Coast Guard is operating shall study and report to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committees on Commerce, Science, and Transportation of the Senate
regarding recreational vessel operator training. The study and report
shall included a review of--
(1) Coast Guard Auxiliary and Power Squadron training programs;
(2) existing State boating education programs,
including programs by the National Association of State Boating Law
Administrators (in this section referred to as `NASBLA'); and
(3) other hands-on training programs available to recreational vessel operators.
(b) Included Subjects- The study shall specifically examine--
(3) training methodology;
(4) assessment methodology; and
(5) relevancy of course content to risks for recreational boaters.
(c) Contents of Report- The report under this section shall include--
(1) a section regarding steps the Coast Guard and
NASBLA have taken to encourage States to adopt mandatory recreational
vessel operator training;
(2) an evaluation of the ability of the States to harmonize their education programs and testing procedures;
(3) an analysis of the extent States have provided
reciprocity among the States for their respective mandatory and
voluntary education requirements and programs;
(4) a section examining the level of uniformity of
education and training between the States that currently have mandatory
education and training programs;
(5) a section outlining the minimum standards for education of recreational vessel operators;
(6) a section analyzing how a Federal training and testing program can be harmonized with State training and testing programs;
(7) analysis of course content and delivery methodology for relevancy to risks for recreational boaters;
(8) a description of the current phase-in periods for
mandatory boater education in State mandatory education programs and
recommendation for the phase-in period for a mandatory boater education
program including an evaluation as to whether the phase-in period
affects course availability and cost;
(9) a description of the extent States allow for
experienced boaters to by-pass mandatory education courses and go
directly to testing;
(10) recommendations for a by-pass option for experienced boaters;
(11) a section analyzing how the Coast Guard would administer a Federal boating education, training, and testing program; and
(12) the extent to which a Federal boating education,
training, and testing program should be required for all waters of a
State, including internal waters.
SEC. 332. SHIP EMISSION REDUCTION TECHNOLOGY DEMONSTRATION PROJECT.
(a) Study- The Commandant of the Coast Guard shall conduct a study--
(1) on the methods and best practices of the use of
exhaust emissions reduction technology on cargo or passenger ships that
operate in United States waters and ports; and
(2) that identifies the Federal, State, and local laws,
regulations, and other requirements that affect the ability of any
entity to effectively demonstrate onboard technology for the reduction
of contaminated emissions from ships.
(b) Report- Within 180 days after the date of enactment of
this Act, the Commandant shall submit a report on the results of the
study conducted under subsection (a) to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
SEC. 333. DELEGATION OF AUTHORITY TO CLASSIFICATION SOCIETIES REGARDING OFFSHORE FACILITIES.
Section 3316 of title 46, United States Code, is amended by adding at the end the following new subsection:
`(d)(1) The Secretary may delegate to the American Bureau
of Shipping or another classification society recognized by the
Secretary as meeting acceptable standards for such a society, for a
United States offshore facility, the authority to--
`(A) review and approve plans required for issuing a certificate of inspection or certificate of compliance; and
`(B) conduct inspections and examinations.
`(2) The Secretary may make a delegation under paragraph
(1) to a foreign classification society only if the foreign
classification society has offices and maintains records in the United
States and--
`(A) if the government of the foreign country in which
the society is headquartered delegates that authority to the American
Bureau of Shipping; or
`(B) to the extent the government of the foreign
country accepts plan review, inspections, or examinations conducted by
the American Bureau of Shipping and provides equivalent access to
inspect, certify, and provide related services to offshore facilities
located in that country or operating under the authority of that
country.
`(3) When an inspection or examination has been delegated under this subsection, the Secretary's delegate--
`(A) shall maintain in the United States complete files
of all information derived from or necessarily connected with the
inspection or examination for at least 2 years after the United States
offshore facility ceases to be certified; and
`(B) shall permit access to those files at all
reasonable times to any officer, employee, or member of the Coast Guard
designated--
`(i) as a marine inspector and serving in a position as a marine inspector; or
`(ii) in writing by the Secretary to have access to those files.
`(4) For purposes of this section--
`(A) the term `offshore facility' means any
installation, structure, or other device (including any vessel not
documented under chapter 121 of this title or the laws of another
country) that is fixed or floating, dynamically holds position or is
temporarily or permanently attached to the seabed or subsoil under the
sea, and is used for the purpose of exploring for, developing,
producing, or storing the resources from that seabed or subsoil; and
`(B) the term `United States offshore facility' means
any offshore facility, fixed or floating, that dynamically holds
position or is temporarily or permanently attached to the seabed or
subsoil under the territorial sea of the United States or the outer
Continental Shelf (as that term is defined in section 2 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1331)).'.
SEC. 334. REQUIREMENT FOR PILOTS TO CARRY AND UTILIZE PORTABLE ELECTRONIC NAVIGATIONAL DEVICE.
The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) is amended by inserting after section 4A the following:
`SEC. 4B. PORTABLE ELECTRONIC DEVICE FOR NAVIGATION PURPOSES.
`(a) In General- The Commandant of the Coast Guard may issue regulations that--
`(1) require that any pilot licensed under subtitle II
of title 46, United States Code, while serving under the authority of
that license as pilot on a covered vessel operating in waters
designated in the regulation shall carry and utilize a portable
electronic device that is--
`(A) equipped for navigational purposes; and
`(B) capable of being connected to an Automatic Identification System; and
`(2) require such pilots to obtain training in the use
of such electronic devices, and prescribe requirements for such
training after consultation with State or local pilotage authorities on
specific equipment and practices in the waters designated in the
regulation.
`(b) Determination of Need- The Commandant shall consult
with State or local pilotage authorities for the waters covered by the
regulations to determine if the carriage and use of such portable
electronic devices would improve safe navigation under local conditions
and whether there is a need for mandatory carriage requirements.
`(c) Covered Vessel Defined- In this section the term
`covered vessel' means a self-propelled commercial vessel of 300 gross
tons or more that does not have an electronic chart prescribed under
section 4A.'.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. CERTIFICATE OF DOCUMENTATION FOR GALLANT LADY.
Section 1120(c) of the Coast Guard Authorization Act of 1996 (110 Stat. 3977) is amended--
(A) by striking `of Transportation' and inserting `of the department in which the Coast Guard is operating'; and
(B) by striking subparagraph (A) and inserting the following:
`(A) the vessel GALLANT LADY (Feadship hull number 672, approximately 168 feet in length).';
(2) by striking paragraphs (3) and (4) and redesignating paragraph (5) as paragraph (3); and
(3) in paragraph (3) (as so redesignated) by striking
all after `shall expire' and inserting `on the date of the sale of the
vessel by the owner.'.
SEC. 402. WAIVER.
Notwithstanding section 12112 and chapter 551 of title 46,
United States Code, the Secretary of the department in which the Coast
Guard is operating may issue a certificate of documentation with a
coastwise endorsement for the OCEAN VERITAS (IMO Number 7366805).
SEC. 403. GREAT LAKES MARITIME RESEARCH INSTITUTE.
Section 605 of the Coast Guard and Maritime Transportation Act of 2004 (118 Stat. 1052) is amended--
(1) in subsection (b)(1)--
(A) by striking `The Secretary of Transportation
shall conduct a study that' and inserting `The Institute shall conduct
maritime transportation studies of the Great Lakes region, including
studies that';
(B) in subparagraphs (A), (B), (C), (E), (F), (H), (I), and (J) by striking `evaluates' and inserting `evaluate';
(C) in subparagraphs (D) and (G) by striking `analyzes' and inserting `analyze';
(D) by striking `and' at the end of subparagraph (I);
(E) by striking the period at the end of subparagraph (J) and inserting a semicolon;
(F) by adding at the end the following:
`(K) identify ways to improve the integration of
the Great Lakes marine transportation system into the national
transportation system;
`(L) examine the potential of expanded operations on the Great Lakes marine transportation system;
`(M) identify ways to include intelligent transportation applications into the Great Lakes marine transportation system;
`(N) analyze the effects and impacts of aging
infrastructure and port corrosion on the Great Lakes marine
transportation system;
`(O) establish and maintain a model Great Lakes marine transportation system database; and
`(P) identify market opportunities for, and
impediments to, the use of United States-flag vessels in trade with
Canada on the Great Lakes.'; and
(2) by striking subsection (b)(4) and inserting the following:
`(4) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out paragraph (1)--
`(A) $2,200,000 for fiscal year 2008;
`(B) $2,300,000 for fiscal year 2009;
`(C) $2,400,000 for fiscal year 2010; and
`(D) $2,500,000 for fiscal year 2011.'.
SEC. 404. CONVEYANCE.
(a) Station Brant Point Boat House-
(1) REQUIREMENT- The Secretary of the department in
which the Coast Guard is operating shall convey to the town of
Nantucket, Massachusetts, all right, title, and interest of the United
States in and to the buildings known as the Station Brant Point Boat
House located at Coast Guard Station Brant Point, Nantucket,
Massachusetts, for use for a public purpose.
(2) TERMS OF CONVEYANCE- A conveyance of the building under paragraph (1) shall be made--
(A) without the payment of consideration; and
(B) subject to appropriate terms and conditions the Secretary considers necessary.
(3) REVERSIONARY INTEREST- All right, title, and
interest in property conveyed under this subsection shall revert to the
United States if any portion of the property is used other than for a
public purpose.
(1) REQUIREMENT- The Secretary of the department in
which the Coast Guard is operating shall enter into a lease with the
town of Nantucket that authorizes the town of Nantucket to occupy the
land on which the buildings conveyed under subsection (a) are located,
subject to appropriate terms and conditions the Secretary considers
necessary.
(2) LEASE TERM- A lease under this subsection shall not expire before January 31, 2033.
(3) TERMINATION OF LEASE- If the Secretary determines
that the property leased under paragraph (1) is necessary for purposes
of the Coast Guard, the Secretary--
(A) may terminate the lease without payment of compensation; and
(B) shall provide the town of Nantucket not less
than 12 months notice of the requirement to vacate the site and move
the buildings conveyed under subsection (a) to another location.
SEC. 405. CREW WAGES ON PASSENGER VESSELS.
(a) Foreign and Intercoastal Voyages-
(1) CAP ON PENALTY WAGES- Section 10313(g) of title 46, United States Code, is amended--
(A) by striking `When' and inserting `(1) Subject to paragraph (2), when'; and
(B) by adding at the end the following:
`(2) The total amount required to be paid under paragraph
(1) with respect to all claims in a class action suit by seamen on a
passenger vessel capable of carrying more than 500 passengers for wages
under this section against a vessel master, owner, or operator or the
employer of the seamen shall not exceed ten times the unpaid wages that
are the subject of the claims.
`(3) A class action suit for wages under this subsection must be commenced within three years after the later of--
`(A) the date of the end of the last voyage for which the wages are claimed; or
`(B) the receipt, by a seaman who is a claimant in the
suit, of a payment of wages that are the subject of the suit that is
made in the ordinary course of employment.'.
(2) DEPOSITS- Section 10315 of such title is amended by adding at the end the following:
`(f) Deposits in Seaman Account- By written request signed
by the seaman, a seaman employed on a passenger vessel capable of
carrying more than 500 passengers may authorize the master, owner, or
operator of the vessel, or the employer of the seaman, to make deposits
of wages of the seaman into a checking, savings, investment, or
retirement account, or other account to secure a payroll or debit card
for the seaman if--
`(1) the wages designated by the seaman for such
deposit are deposited in a United States or international financial
institution designated by the seaman;
`(2) such deposits in the financial institution are
fully guaranteed under commonly accepted international standards by the
government of the country in which the financial institution is
licensed;
`(3) a written wage statement or pay stub, including an
accounting of any direct deposit, is delivered to the seaman no less
often than monthly; and
`(4) while on board the vessel on which the seaman is
employed, the seaman is able to arrange for withdrawal of all funds on
deposit in the account in which the wages are deposited.'.
(1) CAP ON PENALTY WAGES- Section 10504(c) of such title is amended--
(A) by striking `When' and inserting `(1) Subject to subsection (d), and except as provided in paragraph (2), when'; and
(B) by inserting at the end the following:
`(2) The total amount required to be paid under paragraph
(1) with respect to all claims in a class action suit by seamen on a
passenger vessel capable of carrying more than 500 passengers for wages
under this section against a vessel master, owner, or operator or the
employer of the seamen shall not exceed ten times the unpaid wages that
are the subject of the claims.
`(3) A class action suit for wages under this subsection must be commenced within three years after the later of--
`(A) the date of the end of the last voyage for which the wages are claimed; or
`(B) the receipt, by a seaman who is a claimant in the
suit, of a payment of wages that are the subject of the suit that is
made in the ordinary course of employment.'.
(2) DEPOSITS- Section 10504 of such title is amended by adding at the end the following:
`(f) Deposits in Seaman Account- On written request signed
by the seaman, a seaman employed on a passenger vessel capable of
carrying more than 500 passengers may authorize, the master, owner, or
operator of the vessel, or the employer of the seaman, to make deposits
of wages of the seaman into a checking, savings, investment, or
retirement account, or other account to secure a payroll or debit card
for the seaman if--
`(1) the wages designated by the seaman for such
deposit are deposited in a United States or international financial
institution designated by the seaman;
`(2) such deposits in the financial institution are
fully guaranteed under commonly accepted international standards by the
government of the country in which the financial institution is
licensed;
`(3) a written wage statement or pay stub, including an
accounting of any direct deposit, is delivered to the seaman no less
often than monthly; and
`(4) while on board the vessel on which the seaman is
employed, the seaman is able to arrange for withdrawal of all funds on
deposit in the account in which the wages are deposited.'.
SEC. 406. TECHNICAL CORRECTIONS.
(a) Coast Guard and Maritime Transportation Act of 2006-
Effective with enactment of the Coast Guard and Maritime Transportation
Act of 2006 (Public Law 109-241), such Act is amended--
(1) in section 311(b) (120 Stat. 530) by inserting `paragraphs (1) and (2) of' before `section 8104(o)';
(2) in section 603(a)(2) (120 Stat. 554) by striking `33 U.S.C. 2794(a)(2)' and inserting `33 U.S.C. 2704(a)(2)';
(3) in section 901(r)(2) (120 Stat. 566) by striking `the' the second place it appears;
(4) in section 902(c) (120 Stat. 566) by inserting `of the United States' after `Revised Statutes';
(5) in section 902(e) (120 Stat. 567) is amended--
(A) by inserting `and' after the semicolon at the end of paragraph (1);
(B) by striking `and' at the end of paragraph (2)(A); and
(C) by redesignating paragraphs (3) and (4) as
subparagraphs (C) and (D) of paragraph (2), respectively, and aligning
the left margin of such subparagraphs with the left margin of
subparagraph (A) of paragraph (2);
(6) in section 902(e)(2)(C) (as so redesignated) by striking `this section' and inserting `this paragraph';
(7) in section 902(e)(2)(D) (as so redesignated) by striking `this section' and inserting `this paragraph';
(8) in section 902(h)(1) (120 Stat. 567)--
(A) by striking `Bisti/De-Na-Zin' and all that
follows through `Protection' and inserting `Omnibus Parks and Public
Lands Management'; and
(B) by inserting a period after `Commandant of the Coast Guard';
(9) in section 902(k) (120 Stat. 568) is amended--
(A) by inserting `the Act of March 23, 1906, commonly known as' before `the General Bridge';
(B) by striking `491)' and inserting `494),'; and
(C) by inserting `each place it appears' before `and inserting'; and
(10) in section 902(o) (120 Stat. 569) by striking the period after `Homeland Security'.
(b) Title 14- (1) The analysis for chapter 7 of title 14,
United States Code, is amended by adding a period at the end of the
item relating to section 149.
(2) The analysis for chapter 17 of title 14, United States
Code, is amended by adding a period at the end of the item relating to
section 677.
(3) The analysis for chapter 9 of title 14, United States
Code, is amended by adding a period at the end of the item relating to
section 198.
(c) Title 46- (1) The analysis for chapter 81 of title 46,
United States Code, is amended by adding a period at the end of the
item relating to section 8106.
(2) Section 70105(c)(3)(C) of such title is amended by
striking `National Intelligence Director' and inserting `Director of
National Intelligence'.
(d) Deepwater Port Act of 1974- Section 5(c)(2) of the
Deepwater Port Act of 1974 (33 U.S.C. 1504(c)(2)) is amended by
aligning the left margin of subparagraph (K) with the left margin of
subparagraph (L).
(e) Oil Pollution Act of 1990- (1) Section 1004(a)(2) of
the Oil Pollution Act of 1990 (33 U.S.C. 2704(a)(2)) is amended by
striking the first comma following `$800,000'.
(2) The table of sections in section 2 of such Act is
amended by inserting a period at the end of the item relating to
section 7002.
(f) Coast Guard Authorization Act of 1996- The table of
sections in section 2 of the Coast Guard Authorization Act of 1996 is
amended in the item relating to section 103 by striking `reports' and
inserting `report'.
SEC. 407. CONVEYANCE OF DECOMMISSIONED COAST GUARD CUTTER STORIS.
(a) In General- Upon the scheduled decommissioning of the
Coast Guard Cutter STORIS, the Commandant of the Coast Guard shall
convey, without consideration, all right, title, and interest of the
United States in and to that vessel to the USCG Cutter STORIS Museum
and Maritime Education Center, LLC, located in the State of Alaska if
the recipient--
(A) to use the vessel for purposes of a museum and historical display;
(B) not to use the vessel for commercial transportation purposes;
(C) to make the vessel available to the United
States Government if needed for use by the Commandant in time of war or
a national emergency; and
(D) to hold the Government harmless for any claims
arising from exposure to hazardous materials, including asbestos and
polychlorinated biphenyls, after conveyance of the vessel, except for
claims arising from the use by the Government under subparagraph (C);
(2) has funds available that will be committed to
operate and maintain in good working condition the vessel conveyed, in
the form of cash, liquid assets, or a written loan commitment and in an
amount of at least $700,000; and
(3) agrees to any other conditions the Commandant considers appropriate.
(b) Maintenance and Delivery of Vessel-
(1) MAINTENANCE- Before conveyance of the vessel under
this section, the Commandant shall make, to the extent practical and
subject to other Coast Guard mission requirements, every effort to
maintain the integrity of the vessel and its equipment until the time
of delivery.
(2) DELIVERY- If a conveyance is made under this
section, the Commandant shall deliver the vessel to a suitable mooring
in the local area in its present condition.
(3) TREATMENT OF CONVEYANCE- The conveyance of the
vessel under this section shall not be considered a distribution in
commerce for purposes of section 6(e) of Public Law 94-469 (15 U.S.C.
2605(e)).
(c) Other Excess Equipment- The Commandant may convey to
the recipient of a conveyance under subsection (a) any excess equipment
or parts from other decommissioned Coast Guard vessels for use to
enhance the operability and function of the vessel conveyed under
subsection (a) for purposes of a museum and historical display.
SEC. 408. REPEAL OF REQUIREMENT OF LICENSE FOR EMPLOYMENT IN THE BUSINESS OF SALVAGING ON THE COAST OF FLORIDA.
Chapter 801 of title 46, United States Code, is amended--
(1) by striking section 80102; and
(2) in the table of sections at the beginning of the chapter by striking the item relating to that section.
SEC. 409. RIGHT-OF-FIRST-REFUSAL FOR COAST GUARD PROPERTY ON JUPITER ISLAND, FLORIDA.
(a) Right-of-First-Refusal- Notwithstanding any other law
(other than this section), the Town of Jupiter Island, Florida, shall
have the right-of-first-refusal for an exchange of real property within
the jurisdiction of the Town comprising Parcel
#35-38-42-004-000-02590-6 (Bon Air Beach lots 259 and 260 located at 83
North Beach Road) and Parcel #35-38-42-004-000-02610-2 (Bon Air Beach
lots 261 to 267), including any improvements thereon, for other real
property of equal or greater value.
(b) Identification of Property- The Commandant of the Coast
Guard may identify, describe, and determine the property referred to in
subsection (a) that is subject to the right of the Town under that
subsection.
(c) Limitation- The property referred to in subsection (a)
may not be conveyed under that subsection until the Commandant of the
Coast Guard determines that the property is not needed to carry out
Coast Guard missions or functions.
(1) IN GENERAL- Except as provided in paragraph (2),
any property conveyed under this section shall be used by the Town of
Jupiter Island, Florida, solely for conservation of fish and wildlife
habitat and other natural resources, including wetlands, beaches, and
dunes, and as protection against damage from wind, tidal, and wave
energy.
(2) PUBLIC ACCESS- The Town of Jupiter Island shall
allow the public to have reasonable public access to the property
conveyed under this section, for customary recreation use of the beach
under a management program established by agreement between the Town of
Jupiter Island, Florida, and Martin County, Florida.
(e) Reversion- Any conveyance of property under this
section shall be subject to the condition that all right, title, and
interest in the property, at the option of the Commandant of the Coast
Guard, shall revert to the United States Government if the property is
used for purposes other than conservation and public access.
(f) Implementation- The Commandant of the Coast Guard shall upon request by the Town--
(1) promptly take those actions necessary to make
property identified under subsection (b) and determined by the
Commandant under subsection (c) ready for conveyance to the Town; and
(2) convey the property to the Town subject to subsections (d) and (e).
SEC. 410. CONVEYANCE OF COAST GUARD HU-25 FALCON JET AIRCRAFT.
(a) Authority To Convey- Notwithstanding any other law, the
Commandant of the Coast Guard may convey to the Elizabeth City State
University (in this section referred to as the `University'), a public
university located in the State of North Carolina, without
consideration all right, title, and interest of the United States in an
HU-25 Falcon Jet aircraft under the administrative jurisdiction of the
Coast Guard that the Commandant determines--
(1) is appropriate for use by the University; and
(2) is excess to the needs of the Coast Guard.
(1) IN GENERAL- As a condition of conveying an aircraft
to the University under subsection (a), the Commandant shall enter into
an agreement with the University under which the University agrees--
(A) to utilize the aircraft for educational
purposes or other public purposes as jointly agreed upon by the
Commandant and the University before conveyance; and
(B) to hold the United States harmless for any claim arising with respect to the aircraft after conveyance of the aircraft.
(2) REVERSIONARY INTEREST- If the Commandant determines
that the recipient violated subparagraph (A) or (B) of paragraph (1),
then--
(A) all right, title, and interest in the aircraft shall revert to the United States;
(B) the United States shall have the right to immediate possession of the aircraft; and
(C) the recipient shall pay the United States for its costs incurred in recovering the aircraft for such violation.
(c) Limitation on Future Transfers-
(1) IN GENERAL- The Commandant shall include in the
instruments for the conveyance a requirement that any further
conveyance of an interest in the aircraft may not be made without the
approval in advance of the Commandant.
(2) REVERSIONARY INTEREST- If the Commandant determines
that an interest in the aircraft was conveyed without such approval,
then--
(A) all right, title, and interest in the aircraft shall revert to the United States;
(B) the United States shall have the right to immediate possession of the aircraft; and
(C) the recipient shall pay the United States for its costs incurred in recovering the aircraft for such a violation.
(d) Delivery of Aircraft- The Commandant shall deliver the aircraft conveyed under subsection (a)--
(1) at the place where the aircraft is located on the date of the conveyance;
(2) in its condition on the date of conveyance; and
(3) without cost to the United States.
(e) Additional Terms and Conditions- The Commandant may
require such additional terms and conditions in connection with the
conveyance required by subsection (a) as the Commandant considers
appropriate to protect the interests of the United States.
SEC. 411. DECOMMISSIONED COAST GUARD VESSELS FOR HAITI.
(a) In General- Notwithstanding any other law, upon the
scheduled decommissioning of any Coast Guard 41-foot patrol boat, the
Commandant of the Coast Guard shall give the Government of Haiti a
right-of-first-refusal for conveyance of that vessel to the Government
of Haiti, if that Government of Haiti agrees--
(1) to use the vessel for the Coast Guard of Haiti;
(2) to make the vessel available to the United States
Government if needed for use by the Commandant in time of war or
national emergency;
(3) to hold the United States Government harmless for
any claims arising from exposure to hazardous materials, including
asbestos and polychlorinated biphenyls, after conveyance of the vessel,
except for claims arising from the use by the United States Government
under paragraph (2); and
(4) to any other conditions the Commandant considers appropriate.
(b) Limitation- The Commandant may not convey more than 10 vessels to the Government of Haiti pursuant to this section.
(c) Maintenance and Delivery of Vessel-
(1) MAINTENANCE- Before conveyance of a vessel under
this section, the Commandant shall make, to the extent practical and
subject to other Coast Guard mission requirements, every effort to
maintain the integrity of the vessel and its equipment until the time
of delivery.
(2) DELIVERY- If a conveyance is made under this
section, the Commandant shall deliver a vessel to a suitable mooring in
the local area in its present condition.
(3) TREATMENT OF CONVEYANCE- The conveyance of a vessel
under this section shall not be considered a distribution in commerce
for purposes of section 6(e) of Public Law 94-469 (15 U.S.C. 2605(e)).
SEC. 412. EXTENSION OF PERIOD OF OPERATION OF VESSEL FOR SETTING, RELOCATION, OR RECOVERY OF ANCHORS OR OTHER MOORING EQUIPMENT.
Section 705(a)(2) of Public Law 109-347 (120 Stat. 1945) is amended by striking `2' and inserting `3'.
SEC. 413. VESSEL TRAFFIC RISK ASSESSMENTS.
(a) Requirement- The Commandant of the Coast Guard, acting
through the appropriate Area Committee established under section
311(j)(4) of the Federal Water Pollution Control Act, shall prepare a
vessel traffic risk assessment--
(1) for Cook Inlet, Alaska, within one year after the date of enactment of this Act; and
(2) for the Aleutian Islands, Alaska, within two years after the date of enactment of this Act.
(b) Contents- Each of the assessments shall describe, for the region covered by the assessment--
(1) the amount and character of present and estimated future shipping traffic in the region; and
(2) the current and projected use and effectiveness in reducing risk, of--
(A) traffic separation schemes and routing measures;
(B) long-range vessel tracking systems developed under section 70115 of title 46, United States Code;
(C) towing, response, or escort tugs;
(D) vessel traffic services;
(E) emergency towing packages on vessels;
(F) increased spill response equipment including equipment appropriate for severe weather and sea conditions;
(G) the Automatic Identification System developed under section 70114 of title 46, United States Code;
(H) particularly sensitive sea areas, areas to be avoided, and other traffic exclusion zones;
(I) aids to navigation; and
(J) vessel response plans.
(1) IN GENERAL- Each of the assessments shall include
any appropriate recommendations to enhance the safety, or lessen
potential adverse environmental impacts, of marine shipping.
(2) CONSULTATION- Before making any recommendations
under paragraph (1) for a region, the Area Committee shall consult with
affected local, State, and Federal government agencies, representatives
of the fishing industry, Alaska Natives from the region, the
conservation community, and the merchant shipping and oil
transportation industries.
(d) Provision to Congress- The Commandant shall provide a
copy of each assessment to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
(e) Authorization of Appropriations- There is authorized to
be appropriated to the Commandant $1,800,000 for each of fiscal years
2008 and 2009 to the conduct the assessments.
SEC. 414. VESSEL MARYLAND INDEPENDENCE.
Notwithstanding sections 55101, 55103, and 12112 of title
46, United States Code, the Secretary of the department in which the
Coast Guard is operating may issue a certificate of documentation with
a coastwise endorsement for the vessel MARYLAND INDEPENDENCE (official
number 662573). The coastwise endorsement issued under authority of
this section is terminated if--
(1) the vessel, or controlling interest in the person
that owns the vessel, is conveyed after the date of enactment of this
Act; or
(2) any repairs or alterations are made to the vessel outside of the United States.
SEC. 415. STUDY OF RELOCATION OF COAST GUARD SECTOR BUFFALO FACILITIES.
(a) Purposes- The purposes of this section are--
(1) to authorize a project study to evaluate the
feasibility of consolidating and relocating Coast Guard facilities at
Coast Guard Sector Buffalo within the study area;
(2) to obtain a preliminary plan for the design,
engineering, and construction for the consolidation of Coast Guard
facilities at Sector Buffalo; and
(3) to distinguish what Federal lands, if any, shall be identified as excess after the consolidation.
(b) Definitions- In this section:
(1) COMMANDANT- The term `Commandant' means the Commandant of the Coast Guard.
(2) SECTOR BUFFALO- The term `Sector Buffalo' means Coast Guard Sector Buffalo of the Ninth Coast Guard District.
(3) STUDY AREA- The term `study area' means the area
consisting of approximately 31 acres of real property and any
improvements thereon that are commonly identified as Coast Guard Sector
Buffalo, located at 1 Fuhrmann Boulevard, Buffalo, New York, and under
the administrative control of the Coast Guard.
(1) IN GENERAL- Within 12 months after the date on
which funds are first made available to carry out this section, the
Commandant shall conduct a project proposal report of the study area
and shall submit such report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
(2) REQUIREMENTS- The project proposal report shall--
(A) evaluate the most cost-effective method for
providing shore facilities to meet the operational requirements of
Sector Buffalo;
(B) determine the feasibility of consolidating and relocating shore facilities on a portion of the existing site, while--
(i) meeting the operational requirements of Sector Buffalo; and
(ii) allowing the expansion of operational requirements of Sector Buffalo; and
(C) contain a preliminary plan for the design, engineering, and construction of the proposed project, including--
(i) the estimated cost of the design, engineering, and construction of the proposed project;
(ii) an anticipated timeline of the proposed project; and
(iii) a description of what Federal lands, if any, shall be considered excess to Coast Guard needs.
(d) Limitation- Nothing in this section shall affect the current administration and management of the study area.
SEC. 416. CONVEYANCE OF COAST GUARD VESSEL TO COAHOMA COUNTY, MISSISSIPPI.
(a) Authority to Convey- Notwithstanding the Federal
Property and Administrative Services Act of 1949, the Commandant of the
Coast Guard may convey to the Sheriff's Department of Coahoma County,
Mississippi (in this section referred to as the `Sheriff's
Department'), without consideration all right, title, and interest of
the United States in and to a Coast Guard trailerable boat, ranging
from 17 feet to 30 feet in size, that the Commandant determines--
(1) is appropriate for use by the Sheriff's Department; and
(2) is excess to the needs of the Coast Guard and the Department of Homeland Security.
(b) Condition- As a condition of conveying a vessel under
the authority provided in subsection (a), the Commandant shall enter
into an agreement with the Sheriff's Department under which the
Sheriff's Department agrees--
(1) to utilize the vessel for homeland security and
other appropriate purposes as jointly agreed upon by the Commandant and
the Sheriff's Department before conveyance; and
(2) to take the vessel `as is' and to hold the United
States harmless for any claim arising with respect to that vessel after
conveyance of the vessel, including any claims arising from the
condition of the vessel and its equipment or exposure to hazardous
materials.
(c) Delivery of Vessel- The Commandant shall deliver the vessel conveyed under the authority provided in subsection (a)--
(1) at the place where the vessel is located on the date of the conveyance;
(2) in its condition on the date of conveyance; and
(3) without cost to the United States.
(d) Other Excess Equipment- The Commandant may further
convey any excess equipment or parts from other Coast Guard vessels,
which are excess to the needs of the Coast Guard and the Department of
Homeland Security, to the Sheriff's Department for use to enhance the
operability of the vessel conveyed under the authority provided in
subsection (a).
(e) Additional Terms and Conditions- The Commandant may
require such additional terms and conditions in connection with the
conveyance authorized by subsection (a) as the Commandant considers
appropriate to protect the interests of the United States.
SEC. 417. CONVEYANCE OF COAST GUARD VESSEL TO WARREN COUNTY, MISSISSIPPI.
(a) Authority to Convey- Notwithstanding the Federal
Property and Administrative Services Act of 1949, the Commandant of the
Coast Guard may convey to the Sheriff's Office of Warren County,
Mississippi (in this section referred to as the `Sheriff's Office'),
without consideration all right, title, and interest of the United
States in and to a Coast Guard trailerable boat, ranging from 17 feet
to 30 feet in size, that the Commandant determines--
(1) is appropriate for use by the Sheriff's Office; and
(2) is excess to the needs of the Coast Guard and the Department of Homeland Security.
(b) Condition- As a condition of conveying a vessel under
the authority provided in subsection (a), the Commandant shall enter
into an agreement with the Sheriff's Office under which the Sheriff's
Office agrees--
(1) to utilize the vessel for homeland security and
other appropriate purposes as jointly agreed upon by the Commandant and
the Sheriff's Office before conveyance; and
(2) to take the vessel `as is' and to hold the United
States harmless for any claim arising with respect to that vessel after
conveyance of the vessel, including any claims arising from the
condition of the vessel and its equipment or exposure to hazardous
materials.
(c) Delivery of Vessel- The Commandant shall deliver the vessel conveyed under the authority provided in subsection (a)--
(1) at the place where the vessel is located on the date of the conveyance;
(2) in its condition on the date of conveyance; and
(3) without cost to the United States.
(d) Other Excess Equipment- The Commandant may further
convey any excess equipment or parts from other Coast Guard vessels,
which are excess to the needs of the Coast Guard and the Department of
Homeland Security, to the Sheriff's Office for use to enhance the
operability of the vessel conveyed under the authority provided in
subsection (a).
(e) Additional Terms and Conditions- The Commandant may
require such additional terms and conditions in connection with the
conveyance authorized by subsection (a) as the Commandant considers
appropriate to protect the interests of the United States.
SEC. 418. CONVEYANCE OF COAST GUARD VESSEL TO WASHINGTON COUNTY, MISSISSIPPI.
(a) Authority to Convey- Notwithstanding the Federal
Property and Administrative Services Act of 1949, the Commandant of the
Coast Guard may convey to the Sheriff's Office of Washington County,
Mississippi (in this section referred to as the `Sheriff's Office'),
without consideration all right, title, and interest of the United
States in and to a Coast Guard trailerable boat, ranging from 17 feet
to 30 feet in size, that the Commandant determines--
(1) is appropriate for use by the Sheriff's Office; and
(2) is excess to the needs of the Coast Guard and the Department of Homeland Security.
(b) Condition- As a condition of conveying a vessel under
the authority provided in subsection (a), the Commandant shall enter
into an agreement with the Sheriff's Office under which the Sheriff's
Office agrees--
(1) to utilize the vessel for homeland security and
other appropriate purposes as jointly agreed upon by the Commandant and
the Sheriff's Office before conveyance; and
(2) to take the vessel `as is' and to hold the United
States harmless for any claim arising with respect to that vessel after
conveyance of the vessel, including any claims arising from the
condition of the vessel and its equipment or exposure to hazardous
materials.
(c) Delivery of Vessel- The Commandant shall deliver the vessel conveyed under the authority provided in subsection (a)--
(1) at the place where the vessel is located on the date of the conveyance;
(2) in its condition on the date of conveyance; and
(3) without cost to the United States.
(d) Other Excess Equipment- The Commandant may further
convey any excess equipment or parts from other Coast Guard vessels,
which are excess to the needs of the Coast Guard and the Department of
Homeland Security, to the Sheriff's Office for use to enhance the
operability of the vessel conveyed under the authority provided in
subsection (a).
(e) Additional Terms and Conditions- The Commandant may
require such additional terms and conditions in connection with the
conveyance authorized by subsection (a) as the Commandant considers
appropriate to protect the interests of the United States.
SEC. 419. COAST GUARD ASSETS FOR UNITED STATES VIRGIN ISLANDS.
(a) In General- The Secretary of Homeland Security may
station additional Coast Guard assets in the United States Virgin
Islands for port security and other associated purposes.
(b) Authorization of Appropriations- There are authorized
to be appropriated to the Secretary for fiscal year 2008 such sums as
are necessary to carry out this section.
SEC. 420. CONVEYANCE OF THE PRESQUE ISLE LIGHT STATION FRESNEL LENS TO PRESQUE ISLE TOWNSHIP, MICHIGAN.
(a) Conveyance of Lens Authorized-
(1) TRANSFER OF POSSESSION- Notwithstanding any other
provision of law, the Commandant of the Coast Guard may transfer to
Presque Isle Township, a township in Presque Isle County in the State
of Michigan (in this section referred to as the `Township'), possession
of the Historic Fresnel Lens (in this section referred to as the
`Lens') from the Presque Isle Light Station Lighthouse, Michigan (in
this section referred to as the `Lighthouse').
(2) CONDITION- As a condition of the transfer of
possession authorized by paragraph (1), the Township shall, not later
than one year after the date of transfer, install the Lens in the
Lighthouse for the purpose of operating the Lens and Lighthouse as a
Class I private aid to navigation pursuant to section 85 of title 14,
United States Code, and the applicable regulations under that section.
(3) CONVEYANCE OF LENS- Upon the certification of the
Commandant that the Township has installed the Lens in the Lighthouse
and is able to operate the Lens and Lighthouse as a private aid to
navigation as required by paragraph (2), the Commandant shall convey to
the Township all right, title, and interest of the United States in and
to the Lens.
(4) CESSATION OF UNITED STATES OPERATIONS OF AIDS TO
NAVIGATION AT LIGHTHOUSE- Upon the making of the certification
described in paragraph (3), all active Federal aids to navigation
located at the Lighthouse shall cease to be operated and maintained by
the United States.
(1) REVERSION FOR FAILURE OF AID TO NAVIGATION- If the
Township does not comply with the condition set forth in subsection
(a)(2) within the time specified in that subsection, the Township
shall, except as provided in paragraph (2), return the Lens to the
Commandant at no cost to the United States and under such conditions as
the Commandant may require.
(2) EXCEPTION FOR HISTORICAL PRESERVATION-
Notwithstanding the lack of compliance of the Township as described in
paragraph (1), the Township may retain possession of the Lens for
installation as an artifact in, at, or near the Lighthouse upon the
approval of the Commandant and under such conditions for the
preservation and conservation of the Lens as the Commandant shall
specify for purposes of this paragraph. Installation of the Lens under
this paragraph shall occur, if at all, not later than two years after
the date of the transfer of the Lens to the Township under subsection
(a)(1).
(3) REVERSION FOR FAILURE OF HISTORICAL PRESERVATION-
If retention of the Lens by the Township is authorized under paragraph
(2) and the Township does not install the Lens in accordance with that
paragraph within the time specified in that paragraph, the Township
shall return the lens to the Coast Guard at no cost to the United
States and under such conditions as the Commandant may require.
(c) Conveyance of Additional Personal Property-
(1) TRANSFER AND CONVEYANCE OF PERSONAL PROPERTY-
Notwithstanding any other provision of law, the Commandant may transfer
to the Township any additional personal property of the United States
related to the Lens that the Commandant considers appropriate for
conveyance under this section. If the Commandant conveys the Lens to
the Township under subsection (a)(3), the Commandant may convey to the
Township any personal property previously transferred to the Township
under this subsection.
(2) REVERSION- If the Lens is returned to the Coast
Guard pursuant to subsection (b), the Township shall return to the
Coast Guard all personal property transferred or conveyed to the
Township under this subsection except to the extent otherwise approved
by the Commandant.
(d) Conveyance Without Consideration- The conveyance of the
Lens and any personal property under this section shall be without
consideration.
(e) Delivery of Property- The Commandant shall deliver property conveyed under this section--
(1) at the place where such property is located on the date of the conveyance;
(2) in its condition on the date of conveyance; and
(3) without cost to the United States.
(f) Maintenance of Property- As a condition of the
conveyance of any property to the Township under this section, the
Commandant shall enter into an agreement with the Township under which
the Township agrees--
(1) to operate the Lens as a Class I private aid to
navigation under section 85 of title 14, United States Code, and
application regulations under that section; and
(2) to hold the United States harmless for any claim arising with respect to personal property conveyed under this section.
(g) Limitation on Future Conveyance- The instruments providing for the conveyance of property under this section shall--
(1) require that any further conveyance of an interest
in such property may not be made without the advance approval of the
Commandant; and
(2) provide that, if the Commandant determines that an interest in such property was conveyed without such approval--
(A) all right, title, and interest in such property
shall revert to the United States, and the United States shall have the
right to immediate possession of such property; and
(B) the recipient of such property shall pay the
United States for costs incurred by the United States in recovering
such property.
(h) Additional Terms and Conditions- The Commandant may
require such additional terms and conditions in connection with the
conveyances authorized by this section as the Commandant considers
appropriate to protect the interests of the United States.
SEC. 421. FISHING IN SOUTH PACIFIC TUNA TREATY CONVENTION AREA.
Section 12113 of title 46, United States Code, is amended by adding at the end the following new subsection:
`(j) A fishery endorsement is not required for a United
States-documented purse seine tuna fishing vessel home ported in
American Samoa while fishing exclusively for highly migratory species
under a license issued pursuant to the 1987 Treaty on Fisheries Between
the Governments of Certain Pacific Island States and the Government of
the United States of America in the treaty area or in any portion of
the United States exclusive economic zone bordering the treaty area.'.
SEC. 422. ASSESSMENT OF NEEDS FOR ADDITIONAL COAST GUARD PRESENCE IN HIGH LATITUDE REGIONS.
Within 270 days after the date of enactment of this Act,
the Secretary of the department in which the Coast Guard is operating
shall submit a report to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives assessing the need for
additional Coast Guard prevention and response capability in the high
latitude regions. The assessment shall address needs for all Coast
Guard mission areas, including search and rescue, marine pollution
response and prevention, fisheries enforcement, and maritime commerce.
The Secretary shall include in the report--
(1) an assessment of the high latitude operating
capabilities of all current Coast Guard assets, including assets
acquired under the Deepwater program;
(2) an assessment of projected needs for Coast Guard forward operating bases in the high latitude regions;
(3) an assessment of shore infrastructure, personnel,
logistics, communications, and resources requirements to support Coast
Guard forward operating bases in the high latitude regions;
(4) an assessment of the need for high latitude
icebreaking capability and the capability of the current high latitude
icebreaking assets of the Coast Guard, including--
(A) whether the Coast Guard's high latitude icebreaking fleet is meeting current mission performance goals;
(B) whether the fleet is capable of meeting projected mission performance goals; and
(C) an assessment of the material condition,
safety, and working conditions aboard high latitude icebreaking assets,
including the effect of those conditions on mission performance;
(5) a detailed estimate of acquisition costs for each
of the assets (including shore infrastructure) necessary for additional
prevention and response capability in high latitude regions for all
Coast Guard mission areas, and an estimate of operations and
maintenance costs for such assets for the initial 10-year period of
operations; and
(6) detailed cost estimates (including operating and
maintenance for a period of 10 years) for high latitude icebreaking
capability to ensure current and projected future mission performance
goals are met, including estimates of the costs to--
(A) renovate and modernize the Coast Guard's existing high latitude icebreaking fleet; and
(B) replace the Coast Guard's existing high latitude icebreaking fleet.
SEC. 423. STUDY OF REGIONAL RESPONSE VESSEL AND SALVAGE CAPABILITY FOR OLYMPIC PENINSULA COAST, WASHINGTON.
No later than 180 days after the date of enactment of this
Act, the Secretary of the department in which the Coast Guard is
operating shall study through the National Academy of Sciences the need
for regional response vessel and salvage capability for the State of
Washington Olympic Peninsula coast. In conducting the study, the
National Academy of Sciences shall consult with Federal, State, and
tribal officials and other relevant stakeholders. The study shall--
(1) identify the capabilities, equipment, and
facilities necessary for a response vessel in the entry to the Strait
of Juan de Fuca at Neah Bay in order to optimize oil spill protection
on Washington's Olympic Peninsula coast and provide rescue towing
services, oil spill response, and salvage and firefighting capabilities;
(2) analyze the multimission capabilities necessary for
a rescue vessel and the need for that vessel to utilize cached salvage,
oil spill response, and oil storage equipment while responding to a
spill or a vessel in distress, and make recommendations as to the
placement of such equipment;
(3) address scenarios that consider all vessel types
and weather conditions and compare current Neah Bay rescue vessel
capabilities, costs, and benefits with other United States
industry-funded response vessels, including those currently operating
in Alaska's Prince William Sound;
(4) determine whether the current level of protection
afforded by the Neah Bay response vessel and associated response
equipment is comparable to protection in other locations where response
vessels operate, including Prince William Sound, Alaska, and if it is
not comparable, make recommendations regarding how capabilities,
equipment, and facilities should be modified to achieve optimum
protection; and
(5) consider pending firefighting and salvage regulations developed pursuant to the Oil Pollution Act of 1990.
SEC. 424. REPORT ON PROJECTED WORKLOAD AT THE COAST GUARD YARD IN CURTIS BAY, MARYLAND.
Within six months after the date of enactment of this Act,
the Secretary of the department in which the Coast Guard is operating
shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate, a report detailing the projected
workload for the current calendar year and each of the subsequent 5
calendar years at the Coast Guard Yard in Curtis Bay, Maryland, and the
total full-time equivalents (FTE) to be supported by the account
established under section 648 of title 14, United States Code,
(popularly known as the Yard Fund) in each such calendar year to meet
that workload. The report shall--
(1) detail work projects to be undertaken during the
current calendar year and during each of the next five calendar years
as part of the Mission Effectiveness Program (MEP) and projects
projected to be undertaken that are not associated with the MEP;
(2) identify the number of regular full-time employees,
term employees, and employees in any other classification that are
projected to be employed in any capacity at the Yard in each such
calendar year;
(3) specify how many of the employees in any capacity
that are expected to be employed at the Yard in each such year are
expected to be uniformed members of the Coast Guard and how many are
expected to be civilians;
(4) identify how many employees in any capacity
(whether uniformed or civilian) are projected to be assigned in each
such calendar year to each of overhead positions, engineering
positions, waterfront support positions, and waterfront trade positions
to meet projected workloads in that year;
(5) identify the amount of overtime in each of overhead
positions, engineering positions, waterfront support positions, and
waterfront trade positions position that will be required to meet the
projected workload in each such calendar year;
(6) identify the number of trades training students
that are projected to be trained at the Yard in each such calendar
year; and
(7) address whether the FTE ceiling in place for the
Yard is sufficient to allow all work projects scheduled for the current
calendar year to be completed on schedule, and what level of FTE is
likely to be required in each of the subsequent five calendar years to
allow completion on schedule of the projected workload in each of those
years.
SEC. 425. STUDY OF BRIDGES OVER NAVIGABLE WATERS.
The Secretary of Transportation shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a comprehensive study on the proposed construction or
alteration of any bridge, drawbridge, or causeway over navigable waters
with a channel depth of 25 feet or greater of the United States that
may impede or obstruct future navigation to or from port facilities.
SEC. 426. LIMITATION ON JURISDICTION OF STATES TO TAX CERTAIN SEAMEN.
Section 11108(b)(2)(B) of title 46, United States Code, is amended to read as follows:
`(B) who performs regularly-assigned duties while
engaged as a master, officer, or crewman on a vessel operating on
navigable waters in 2 or more States.'.
SEC. 427. DECOMMISSIONED COAST GUARD VESSELS FOR BERMUDA.
(a) In General- Notwithstanding any other law, upon the
scheduled decommissioning of any Coast Guard 41-foot patrol boat and
after the Government of Haiti has exercised all of their options under
section 411, the Commandant of the Coast Guard shall give the
Government of Bermuda a right-of-first-refusal for conveyance of that
vessel to the Government of Bermuda, if that Government of Bermuda
agrees--
(1) to use the vessel for the Coast Guard of Bermuda;
(2) to make the vessel available to the United States
Government if needed for use by the Commandant in time of war or
national emergency;
(3) to hold the United States Government harmless for
any claims arising from exposure to hazardous materials, including
asbestos and polychlorinated biphenyls, after conveyance of the vessel,
except for claims arising from the use by the United States Government
under paragraph (2); and
(4) to any other conditions the Commandant considers appropriate.
(b) Limitation- The Commandant may not convey more than 3 vessels to the Government of Bermuda pursuant to this section.
(c) Maintenance and Delivery of Vessel-
(1) MAINTENANCE- Before conveyance of a vessel under
this section, the Commandant shall make, to the extent practical and
subject to other Coast Guard mission requirements, every effort to
maintain the integrity of the vessel and its equipment until the time
of delivery.
(2) DELIVERY- If a conveyance is made under this
section, the Commandant shall deliver a vessel to a suitable mooring in
the local area in its present condition.
(3) TREATMENT OF CONVEYANCE- The conveyance of a vessel
under this section shall not be considered a distribution in commerce
for purposes of section 6(e) of Public Law 94-469 (15 U.S.C. 2605(e)).
SEC. 428. RECREATIONAL MARINE INDUSTRY.
(a) Exception- Section 2(3)(F) of the Longshore and Harbor
Workers' Compensation Act (33 U.S.C. 902(3)) is amended to read as
follows:
`(i) are employed to manufacture any recreational vessel under 165 feet in length; or
`(ii) are employed to repair any recreational
vessel, or to dismantle any part of any recreational vessel in
connection with repair of the vessel;'.
(b) Recreational Endorsement- Section 12114 of title 46, United States Code, is amended by adding at the end the following:
`(d) Vessels Manufactured by Certain Individuals- A vessel
manufactured by individuals under the exception provided in section
2(3)(F) of the Longshore and Harbor Workers' Compensation Act may only
be issued a recreational vessel endorsement under this chapter, and
that restriction shall be noted on the certification of documentation
issued under section 12105.'.
SEC. 429. CONVEYANCE OF COAST GUARD VESSELS TO NASSAU COUNTY, NEW YORK.
(a) Authority to Convey- Notwithstanding the Federal
Property and Administrative Services Act of 1949, the Commandant of the
Coast Guard may convey to the Police Department of Nassau County, New
York (in this section referred to as the `Police Department'), without
consideration all right, title, and interest of the United States in
and to two Coast Guard 41-foot patrol boats that the Commandant
determines--
(1) is appropriate for use by the Police Department; and
(2) is excess to the needs of the Coast Guard and the Department of Homeland Security.
(b) Condition- As a condition of conveying a vessel under
the authority provided in subsection (a), the Commandant shall enter
into an agreement with the Police Department under which the Police
Department agrees--
(1) to utilize the vessel for homeland security and
other appropriate purposes as jointly agreed upon by the Commandant and
the Police Department before conveyance; and
(2) to take the vessel `as is' and to hold the United
States harmless for any claim arising with respect to that vessel after
conveyance of the vessel, including any claims arising from the
condition of the vessel and its equipment or exposure to hazardous
materials.
(c) Delivery of Vessel- The Commandant shall deliver a vessel conveyed under the authority provided in subsection (a)--
(1) at the place where the vessel is located on the date of the conveyance;
(2) in its condition on the date of conveyance; and
(3) without cost to the United States.
(d) Other Excess Equipment- The Commandant may further
convey any excess equipment or parts from other Coast Guard vessels,
which are excess to the needs of the Coast Guard and the Department of
Homeland Security, to the Police Department for use to enhance the
operability of a vessel conveyed under the authority provided in
subsection (a).
(e) Additional Terms and Conditions- The Commandant may
require such additional terms and conditions in connection with a
conveyance authorized by subsection (a) as the Commandant considers
appropriate to protect the interests of the United States.
SEC. 430. NEWTOWN CREEK, NEW YORK CITY, NEW YORK.
(a) Study- The Administrator of the Environmental
Protection Agency shall conduct a study on the public health, safety,
and environmental concerns related to the underground petroleum spill
on the Brooklyn shoreline of Newtown Creek, New York City, New York, in
Greenpoint, Brooklyn, New York.
(b) Full-Site Characterization and Collection of New Field
Evidence- In carrying out the study under this section, the
Administrator shall conduct a full-site characterization of the
underground petroleum spill, including the investigation, collection,
and analysis of new and updated data and field evidence on the extent
of the petroleum spill, including any portion of the spill that has
been diluted into surrounding waters, and any surrounding soil
contamination or soil vapor contamination.
(c) Report- Not later than one year after the date of
enactment of this Act, the Administrator shall submit a report
containing the results of the study to the Committee on Environment and
Public Works and the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives.
(d) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $5,000,000.
SEC. 431. LAND CONVEYANCE, COAST GUARD PROPERTY IN MARQUETTE COUNTY, MICHIGAN, TO THE CITY OF MARQUETTE, MICHIGAN.
(a) Conveyance Authorized- The Commandant of the Coast
Guard may convey, without consideration, to the City of Marquette,
Michigan (in this section referred to as the `City'), all right, title,
and interest of the United States in and to a parcel of real property,
together with any improvements thereon, located in Marquette County,
Michigan, that is under the administrative control of the Coast Guard,
consists of approximately 5.5 acres, and is commonly identified as
Coast Guard Station Marquette and Lighthouse Point.
(b) Retention of Certain Easements- In conveying the
property under subsection (a), the Commandant of the Coast Guard may
retain such easements over the property as the Commandant considers
appropriate for access to aids to navigation.
(c) Limitations- The property to be conveyed by subsection (a) may not be conveyed under that subsection until--
(1) the Coast Guard has relocated Coast Guard Station Marquette to a newly constructed station;
(2) any environmental remediation required under Federal law with respect to the property has been completed;
(3) the Commandant of the Coast Guard determines that
retention of the property by the United States is not required to carry
out Coast Guard missions or functions.
(d) Conditions of Transfer- All conditions placed within
the deed of title of the property to be conveyed under subsection (a)
shall be construed as covenants running with the land.
(e) Inapplicability of Screening or Other Requirements- The
conveyance of property authorized by subsection (a) shall be made
without regard to the following:
(1) Section 2696 of title 10, United States Code.
(2) Chapter 5 of title 40, United States Code.
(3) Any other provision of law relating to the
screening, evaluation, or administration of excess or surplus Federal
property prior to conveyance by the Administrator of General Services.
(f) Expiration of Authority- The authority in subsection
(a) shall expire on the date that is five years after the date of the
enactment of this Act.
(g) Description of Property- The exact acreage and legal
description of the property to be conveyed under subsection (a) shall
be determined by a survey satisfactory to the Commandant of the Coast
Guard. The cost of the survey shall be borne by the United States.
(h) Additional Terms and Conditions- The Commandant of the
Coast Guard may require such additional terms and conditions in
connection with the conveyance authorized by subsection (a) as the
Commandant considers appropriate to protect the interests of the United
States.
TITLE V--BALLAST WATER TREATMENT
SEC. 501. SHORT TITLE.
This title may be cited as the `Ballast Water Treatment Act of 2008'.
SEC. 502. DECLARATION OF GOALS AND PURPOSES.
Section 1002 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701) is amended--
(1) by redesignating subsection (b) as subsection (c);
(2) by inserting after subsection (a) the following:
`(b) Declaration of Goals and Purposes- The objective of
this Act is to eliminate the threat and impacts of nonindigenous
aquatic nuisance species in the waters of the United States. In order
to achieve this objective, it is declared that, consistent with the
provisions of this Act--
`(1) it is the national goal that ballast water
discharged into the waters of the United States will contain no living
(viable) organisms by the year 2015;
`(2) it is the national policy that the introduction of
nonindigenous aquatic nuisance species in the waters of the United
States be prohibited; and
`(3) it is the national policy that Federal, State, and
local governments and the private sector identify the most effective
ways to coordinate prevention efforts, and harmonize environmentally
sound methods to prevent, detect, monitor, and control nonindigenous
aquatic nuisance species, in an expeditious manner.'.
(3) in subsection (c)(1) (as redesignated by paragraph (1) of this section)--
(A) by striking `prevent' and inserting `eliminate'; and
(B) by inserting `treatment' after `ballast water';
(4) in subsection (c)(2) (as so redesignated)--
(A) by inserting `, detection, monitoring,' after `prevention'; and
(B) by striking `the zebra mussel and other';
(5) in subsection (c)(3) (as so redesignated)--
(A) by inserting `detect,' after `prevent,'; and
(B) by striking `from pathways other than ballast water exchange';
(6) in subsection (c)(4) (as so redesignated) by striking `, including the zebra mussel'; and
(7) in subsection (c)(5) (as so redesignated)--
(A) by inserting `prevention,' after `in the';
(B) by inserting a comma after `management'; and
(C) by striking `zebra mussels' and inserting `aquatic nuisance species'.
SEC. 503. BALLAST WATER MANAGEMENT.
(a) In General- Section 1101 of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711) is amended
to read as follows:
`SEC. 1101. BALLAST WATER MANAGEMENT.
`(a) Vessels to Which This Section Applies-
`(1) IN GENERAL- Except as provided in paragraphs (2),
(3), (4), and (5), this section applies to a vessel that engages in the
discharge of ballast water in waters subject to the jurisdiction of the
United States that--
`(A) is designed, constructed, or adapted to carry ballast water; and
`(B)(i) is a vessel of the United States; or
`(ii) is a foreign vessel that--
`(I) is en route to a United States port or place; or
`(II) has departed from a United States port or place and is within waters subject to the jurisdiction of the United States.
`(2) PERMANENT BALLAST WATER VESSELS- This section does
not apply to a vessel that carries all of its permanent ballast water
in sealed tanks that are not subject to discharge or a vessel that
continuously takes on and discharges ballast water in a flow-through
system.
`(3) ARMED FORCES VESSELS-
`(A) EXEMPTION- Except as provided in subparagraph (B), this section does not apply to a vessel of the Armed Forces.
`(B) BALLAST WATER MANAGEMENT PROGRAM- The
Secretary and the Secretary of Defense, after consultation with each
other and with the Under Secretary and the heads of other appropriate
Federal agencies as determined by the Secretary, shall implement a
ballast water management program, including the issuance of standards
for ballast water exchange and treatment and for sediment management,
for vessels of the Armed Forces under their respective jurisdictions
designed, constructed, or adapted to carry ballast water that are--
`(i) consistent with the requirements of this section, including the deadlines established by this section; and
`(ii) at least as stringent as the requirements
issued for such vessels under section 312 of the Federal Water
Pollution Control Act (33 U.S.C. 1322).
`(4) SPECIAL RULE FOR SMALL RECREATIONAL VESSELS- In
applying this section to recreational vessels less than 50 meters in
length that have a maximum ballast water capacity of 8 cubic meters,
the Secretary may issue alternative measures for managing ballast water
in a manner that is consistent with the requirements of this section.
`(5) MARAD VESSELS- Subsection (f) does not apply to
any vessel in the National Defense Reserve Fleet that is scheduled to
be disposed of through scrapping or sinking.
`(b) Uptake and Discharge of Ballast Water or Sediment-
`(1) PROHIBITION- The operator of a vessel to which
this section applies may not conduct the uptake or discharge of ballast
water or sediment in waters subject to the jurisdiction of the United
States except as provided in this section.
`(2) EXCEPTIONS- Paragraph (1) does not apply to the
uptake or discharge of ballast water or sediment in the following
circumstances:
`(A) The uptake or discharge is solely for the purpose of--
`(i) ensuring the safety of the vessel in an emergency situation; or
`(ii) saving a life at sea.
`(B) The uptake or discharge is accidental and the result of damage to the vessel or its equipment and--
`(i) all reasonable precautions to prevent or
minimize ballast water and sediment discharge have been taken before
and after the damage occurs, the discovery of the damage, and the
discharge; and
`(ii) the owner or officer in charge of the vessel did not willfully or recklessly cause the damage.
`(C) The uptake or discharge is solely for the
purpose of avoiding or minimizing the discharge from the vessel of
pollution that would otherwise violate applicable Federal or State law.
`(D) The uptake or discharge of ballast water and
sediment occurs at the same location where the whole of that ballast
water and that sediment originated and there is no mixing with ballast
water and sediment from another area that has not been managed in
accordance with the requirements of this section.
`(c) Vessel Ballast Water Management Plan-
`(1) IN GENERAL- The operator of a vessel to which this
section applies shall conduct all ballast water management operations
of that vessel in accordance with a ballast water management plan
designed to minimize the discharge of aquatic nuisance species that--
`(A) meets the requirements prescribed by the Secretary by regulation; and
`(B) is approved by the Secretary.
`(A) IN GENERAL- The Secretary may not approve a ballast water management plan unless the Secretary determines that the plan--
`(i) describes in detail the actions to be
taken to implement the ballast water management requirements
established under this section;
`(ii) describes in detail the procedures to be
used for disposal of sediment at sea and on shore in accordance with
the requirements of this section;
`(iii) describes in detail safety procedures for the vessel and crew associated with ballast water management;
`(iv) designates the officer on board the vessel in charge of ensuring that the plan is properly implemented;
`(v) contains the reporting requirements for
vessels established under this section and a copy of each form
necessary to meet those requirements; and
`(vi) meets all other requirements prescribed by the Secretary.
`(B) FOREIGN VESSELS- The Secretary may approve a
ballast water management plan for a foreign vessel on the basis of a
certificate of compliance issued by the vessel's country of
registration if the government of that country requires the ballast
water management plan for that vessel to include information comparable
to the information required under regulations issued by the Secretary.
`(3) COPY OF PLAN ON BOARD VESSEL- The owner or operator of a vessel to which this section applies shall--
`(A) maintain a copy of the vessel's ballast water management plan on board at all times; and
`(B) keep the plan readily available for
examination by the Secretary and the head of the appropriate agency of
the State in which the vessel is located at all reasonable times.
`(d) Vessel Ballast Water Record Book-
`(1) IN GENERAL- The owner or operator of a vessel to
which this section applies shall maintain, in English on board the
vessel, a ballast water record book in which each operation of the
vessel involving ballast water or sediment discharge is recorded in
accordance with regulations issued by the Secretary.
`(2) AVAILABILITY- The ballast water record book--
`(A) shall be kept readily available for
examination by the Secretary and the head of the appropriate agency of
the State in which the vessel is located at all reasonable times; and
`(B) notwithstanding paragraph (1), may be kept on the towing vessel in the case of an unmanned vessel under tow.
`(3) RETENTION PERIOD- The ballast water record book shall be retained--
`(A) on board the vessel for a period of 3 years after the date on which the last entry in the book is made; and
`(B) under the control of the vessel's owner for an additional period of 3 years.
`(4) REGULATIONS- In the regulations issued under this section, the Secretary shall require, at a minimum, that--
`(A) each entry in the ballast water record book be
signed and dated by the officer in charge of the ballast water
operation recorded;
`(B) each completed page in the ballast water record book be signed and dated by the master of the vessel; and
`(C) at least monthly, the owner or operator of the
vessel transmit to the Secretary all the entries entered in the ballast
water record book during the preceding month, and transmit such
additional information regarding the ballast operations of the vessel
as the Secretary may require.
`(5) ALTERNATIVE MEANS OF RECORDKEEPING- The Secretary
may provide, by regulation, for alternative methods of recordkeeping,
including electronic recordkeeping, to comply with the requirements of
this subsection. Any electronic recordkeeping method authorized by the
Secretary shall support the inspection and enforcement provisions of
this Act and shall comply with applicable standards of the National
Institute of Standards and Technology and the Office of Management and
Budget governing reliability, integrity, identity authentication, and
nonrepudiation of stored electronic data.
`(e) Ballast Water Exchange Requirements-
`(A) REQUIREMENT- Until a vessel is required to
conduct ballast water treatment in accordance with subsection (f), the
operator of a vessel to which this section applies may not discharge
ballast water in waters subject to the jurisdiction of the United
States, except after--
`(i) conducting ballast water exchange as required by this subsection, in accordance with regulations issued by the Secretary;
`(ii) using ballast water treatment technology that meets the performance standards of subsection (f); or
`(iii) using environmentally sound alternative
ballast water treatment technology if the Secretary determines that
such treatment technology is at least as effective as the ballast water
exchange required by clause (i) in preventing and controlling the
introduction of aquatic nuisance species.
`(B) BALLAST WATER REGULATIONS- Ballast water exchange regulations developed under subparagraph (A)(i) shall contain--
`(i) a provision for ballast water exchange that requires--
`(I) at least 1 empty-and-refill cycle,
outside the exclusive economic zone or in an alternative exchange area
designated by the Secretary, of each ballast tank that contains ballast
water to be discharged into waters of the United States; or
`(II) for a case in which the master of a
vessel determines that compliance with the requirement under subclause
(I) is impracticable, a sufficient number of flow-through exchanges of
ballast water, outside the exclusive economic zone or in an alternative
exchange area designated by the Secretary, to achieve replacement of at
least 95 percent of ballast water in ballast tanks of the vessel, as
determined by a certification dye study conducted or model developed by
the Secretary and recorded in the ballast water management plan of the
vessel pursuant to subsection (c)(2)(A)(i); and
`(ii) if a ballast water exchange is not
undertaken pursuant to subsection (h), a contingency procedure that
requires the master of a vessel to use the best practicable technology
or practice to treat ballast discharge.
`(C) TECHNOLOGY EFFICACY- For purposes of this
paragraph, a ballast water treatment technology shall be considered to
be at least as effective as the ballast water exchange required by
clause (i) in preventing and controlling the introduction of aquatic
nuisance species if preliminary experiments prior to installation of
the technology aboard the vessel demonstrate that the technology meets
the ballast water discharge standard provided under Regulation D-2 of
the International Convention for the Control and Management of Ships'
Ballast Water and Sediments as signed on February 13, 2004.
`(2) GUIDANCE; 5-YEAR USAGE-
`(A) GUIDANCE- Not later than one year after the
date of enactment of the Ballast Water Treatment Act of 2008, the
Secretary shall develop and issue guidance on technology that may be
used under paragraph (1)(A)(iii).
`(B) 5-year USAGE- The Secretary shall allow a
vessel using environmentally-sound alternative ballast treatment
technology under paragraph (1)(A)(iii) to continue to use that
technology for 5 years after the date on which the
environmentally-sound alternative ballast water treatment technology
was first placed in service on the vessel or the date on which
treatment requirements under subsection (f) become applicable,
whichever is later.
`(A) VESSELS OUTSIDE THE UNITED STATES EEZ- The
operator of a vessel en route to a United States port or place from a
port or place outside the waters subject to the jurisdiction of the
United States shall conduct ballast water exchange--
`(i) before arriving at a United States port or place;
`(ii) at least 200 nautical miles from the nearest point of land; and
`(iii) in water at least 200 meters in depth.
`(B) COASTAL VOYAGES- The operator of a vessel
originating from a port or place within the United States exclusive
economic zone, or from a port within 200 nautical miles of the United
States in Canada, Mexico, or other ports designated by the Secretary
for purposes of this section, shall conduct ballast water exchange--
`(i) at least 50 nautical miles from the nearest point of land; and
`(ii) in water at least 200 meters in depth.
`(4) SAFETY OR STABILITY EXCEPTION-
`(A) SECRETARIAL DETERMINATION- Paragraph (3) does
not apply to the discharge of ballast water if the Secretary determines
that compliance with that paragraph would threaten the safety or
stability of the vessel, its crew, or is passengers.
`(B) MASTER OF THE VESSEL DETERMINATION- Paragraph
(3) does not apply to the discharge of ballast water if the master of a
vessel determines that compliance with that paragraph would threaten
the safety or stability of the vessel, its crew, or its passengers
because of adverse weather, equipment failure, or any other relevant
condition.
`(C) NOTIFICATION REQUIRED- Whenever the master of
a vessel is unable to comply with the requirements of paragraph (3)
because of a determination made under subparagraph (B), the master of
the vessel shall--
`(i) notify the Secretary as soon as
practicable thereafter but no later than 24 hours after making that
determination and shall ensure that the determination, the reasons for
the determination, and the notice are recorded in the vessel's ballast
water record book; and
`(ii) undertake ballast water exchange--
`(I) in an alternative area that may be
designated by the Secretary, after consultation with the Under
Secretary, and other appropriate Federal agencies as determined by the
Secretary, and representatives of States the waters of which may be
affected by the discharge of ballast water; or
`(II) in accordance with paragraph (6) if
safety or stability concerns prevent undertaking ballast water exchange
in the alternative area.
`(D) REVIEW OF CIRCUMSTANCES- If the master of a
vessel conducts a ballast water discharge under the provisions of this
paragraph, the Secretary shall review the circumstances to determine
whether the discharge met the requirements of this paragraph. The
review under this clause shall be in addition to any other enforcement
authority of the Secretary.
`(5) DISCHARGE UNDER WAIVER-
`(A) SUBSTANTIAL BUSINESS HARDSHIP WAIVER- If,
because of the short length of a voyage, the operator of a vessel is
unable to discharge ballast water in accordance with the requirements
of paragraph (3)(B) without substantial business hardship, as
determined under regulations issued by the Secretary, the operator may
request a waiver from the Secretary and discharge the ballast water in
accordance with paragraph (6). A request for a waiver under this
subparagraph shall be submitted to the Secretary at such time and in
such form and manner as the Secretary may require.
`(B) SUBSTANTIAL BUSINESS HARDSHIP- For purposes of
subparagraph (A), the factors taken into account in determining
substantial business hardship shall include whether--
`(i) compliance with the requirements of
paragraph (3)(B) would require a sufficiently great change in routing
or scheduling of service as to compromise the economic or commercial
viability of the trade or business in which the vessel is operated; or
`(ii) it is reasonable to expect that the trade
or business or service provided will be continued only if a waiver is
granted under subparagraph (A).
`(6) PERMISSIBLE DISCHARGE-
`(A) IN GENERAL- The discharge of ballast water
shall be considered to be carried out in accordance with this paragraph
if it is--
`(i) in an area designated for that purpose by
the Secretary, after consultation with the Under Secretary, the heads
of other appropriate Federal agencies as determined by the Secretary,
and representatives of any State that may be affected by discharge of
ballast water in that area; or
`(ii) into a reception facility described in subsection (f)(2).
`(B) LIMITATION ON VOLUME- The volume of any
ballast water discharged under this paragraph may not exceed the volume
necessary to ensure the safe operation of the vessel.
`(7) CERTAIN GEOGRAPHICALLY LIMITED ROUTES-
Notwithstanding paragraph (1), the operator of a vessel is not required
to comply with the requirements of this subsection and subsection
(h)(1)--
`(A) if the vessel operates exclusively--
`(i) within the Great Lakes ecosystem; or
`(ii) between or among the main group of the Hawaiian Islands; or
`(B) if the vessel operates exclusively within any
area with respect to which the Secretary has determined, after
consultation with the Under Secretary, the Administrator, and
representatives of States the waters of which would be affected by the
discharge of ballast water from the vessel, that the risk of
introducing aquatic nuisance species through ballast water discharge in
the areas in which the vessel operates is insignificant.
`(8) NATIONAL MARINE SANCTUARIES AND OTHER PROHIBITED AREAS-
`(A) IN GENERAL- A vessel may not conduct ballast water exchange or discharge ballast water under this subsection--
`(i) within a national marine sanctuary designated under the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.);
`(ii) a marine national monument designated
under the Act of June 8, 1906 (chapter 3060; 16 U.S.C. 433 et seq.),
popularly known as the Antiquities Act of 1906;
`(iv) in waters that are approved by the
Administrator as a nondischarge zone under section 312(n)(7) of the
Federal Water Pollution Control Act (33 U.S.C. 1322(n)(7)); or
`(v) in any other waters designated by the Secretary, in consultation with the Under Secretary and the Administrator.
`(B) ADDITIONAL AREAS- The Secretary shall, after
consultation with the Under Secretary, the Administrator, and other
appropriate Federal and State agencies, as determined by the Secretary,
and opportunity for public comment, establish criteria for designating
additional areas in which, due to their sensitive ecological nature,
restrictions on the discharge of vessel ballast water or sediment
containing aquatic nuisance species are warranted.
`(C) STATE WATERS- The Governor of any State may
submit a written petition to the Secretary to designate an area of
State waters that meets the criteria established under subparagraph (B)
of this paragraph. The petition shall include a detailed analysis as to
how the area proposed to be designated meets those criteria. An area
may not be designated under this paragraph until the Secretary
determines, based on evidence provided by the Governor, that adequate
alternative areas or reception facilities for discharging ballast water
or sediment are available. Within 180 days after receiving such a
petition, the Secretary shall--
`(i) make a determination as to whether the proposal meets the requirements of this paragraph for designation; and
`(I) publish a written notice of the petition and the proposed restrictions in the Federal Register; or
`(II) notify the Governor in writing that
the area proposed for designation does not qualify for designation
under this paragraph and include in the notice a detailed explanation
of why the area does not qualify for designation under this paragraph.
`(D) PROCEDURE; DEADLINE- Before designating any
area in response to a petition under subparagraph (C), the Secretary,
after providing an opportunity for public comment, shall publish notice
in the Federal Register of the proposed designation. The Secretary and
the Under Secretary shall make such information available through other
appropriate mechanisms, including a notice to mariners and inclusion on
nautical charts.
`(E) EFFECT ON STATE LAW- Nothing in this paragraph
supersedes any State law in effect as of January 1, 2007, that
restricts the discharge of ballast water or sediment in State waters
and requires such discharges to be made into reception facilities.
`(9) VESSELS WITHOUT PUMPABLE BALLAST WATER OR WITH NO
BALLAST ON BOARD- Not later than 180 days after the date of enactment
of the Ballast Water Treatment Act of 2008, the Secretary shall
promulgate regulations to minimize the discharge of invasive species
from vessels entering a United States port or place from outside the
United States exclusive economic zone that do not exchange their
ballast water pursuant to paragraph (1)(A)(iii) of this subsection and
claim no ballast on board, or that claim to be carrying only unpumpable
quantities of ballast, including, at a minimum, a requirement that--
`(A) such a ship shall conduct saltwater flushing of ballast water tanks--
`(i) outside the exclusive economic zone; or
`(ii) at a designated alternative exchange site; and
`(B) before being allowed entry into the Great
Lakes beyond the St. Lawrence Seaway, the master of such a vessel shall
certify that the vessel has complied with each applicable requirement
under this subsection.
The vessels to which this paragraph applies shall
conduct ballast water treatment in accordance with subsection (f) when
it applies.
`(f) Ballast Water Treatment Requirements-
`(1) PERFORMANCE STANDARDS- A vessel to which this
section applies shall conduct ballast water treatment in accordance
with the requirements of this subsection before discharging ballast
water in waters subject to the jurisdiction of the United States so
that the ballast water discharged will contain--
`(A) less than 1 living organism per 10 cubic meters that is 50 or more micrometers in minimum dimension;
`(B) less than 1 living organism per 10 milliliters
that is less than 50 micrometers in minimum dimension and more than 10
micrometers in minimum dimension;
`(C) concentrations of indicator microbes that are less than--
`(i) 1 colony-forming unit of toxicogenic
Vibrio cholera (serotypes O1 and O139) per 100 milliliters or less than
1 colony-forming unit of that microbe per gram of wet weight of
zoological samples;
`(ii) 126 colony-forming units of escherichia coli per 100 milliliters; and
`(iii) 33 colony-forming units of intestinal enterococci per 100 milliliters; and
`(D) concentrations of such additional indicator
microbes and of viruses as may be specified in regulations issued by
the Secretary and the Administrator, after consultation with other
appropriate Federal agencies as determined by the Secretary and the
Administrator, that are less than the amount specified in those
regulations.
`(2) RECEPTION FACILITY EXCEPTION-
`(A) IN GENERAL- Paragraph (1) does not apply to a vessel that discharges ballast water into--
`(i) a land-based facility for the reception of ballast water that meets standards issued by the Administrator; or
`(ii) a water-based facility for the reception of ballast water that meets standards issued by the Secretary.
`(B) ISSUANCE OF STANDARDS- Not later than one year
after the date of enactment of the Ballast Water Treatment Act of 2008,
the Secretary, in consultation with the heads of other appropriate
Federal agencies as determined by the Secretary, shall issue standards
for--
`(i) the reception of ballast water in land-based and water-based reception facilities; and
`(ii) the disposal or treatment of such ballast
water in a way that does not impair or damage the environment, human
health, property, or resources.
`(3) TREATMENT SYSTEM IMPLEMENTATION-
`(A) IMO STANDARD IMPLEMENTATION- A vessel to which
this section applies shall have a ballast water treatment system that
meets the standards provided under Regulation D-2 of the International
Convention for the Control and Management of Ships' Ballast Water and
Sediments as signed on February 13, 2004, beginning on the date of the
first drydocking of the vessel after December 31, 2008.
`(B) UNITED STATES STANDARD IMPLEMENTATION-
Paragraph (1) applies to a vessel to which this section applies
beginning on the date of the first drydocking of the vessel after
December 31, 2011, but not later than December 31, 2013.
`(C) PERIOD FOR USE OF EQUIPMENT- The Secretary
shall allow a vessel using a treatment system installed under this
subsection to continue to use that system for 10 years after the date
on which that system was first placed in service on the vessel.
`(4) TREATMENT SYSTEM APPROVAL REQUIRED- The operator
of a vessel to which this section applies may not use a ballast water
treatment system to comply with the requirements of this subsection
unless the system is approved by the Secretary. The Secretary, in
consultation with the Administrator, shall issue regulations
establishing a process for such approval, after consultation with the
heads of other appropriate Federal agencies as determined by the
Secretary.
`(5) RELIANCE ON CERTAIN REPORTS, DOCUMENTS, AND
RECORDS- In approving a ballast water treatment system under this
subsection, the Secretary may rely on reports, documents, and records
of persons that meet such requirements as the Secretary may prescribe.
`(A) IN GENERAL- Not less than 2 years before
January 1, 2012, the Secretary, in consultation with the Administrator,
shall complete a review to determine whether appropriate technologies
are available to achieve the performance standards set forth in
paragraph (1). In reviewing the technologies the Secretary, the
Administrator, and the heads of other appropriate Federal agencies as
determined by the Secretary, shall consider--
`(i) the effectiveness of a technology in achieving the standards;
`(ii) feasibility in terms of compatibility with ship design and operations;
`(iii) safety considerations;
`(iv) whether a technology has an adverse impact on the environment; and
`(B) DELAY IN SCHEDULED APPLICATION- If the
Secretary, in consultation with the Administrator, determines, on the
basis of the review conducted under subparagraph (A), and after an
opportunity for a public hearing, that technology that complies with
the standards set forth in paragraph (1) in accordance with the
schedule set forth in paragraph (3) is not available for any class of
vessels, the Secretary shall require use of technology that achieves
the performance levels of the best performing technology available. If
the Secretary finds that no technology is available that will achieve
the standards set forth in paragraph (1), then the Secretary shall--
`(i) extend the date on which that paragraph applies to vessels for a period of not more than 24 months; and
`(ii) recommend action to ensure that compliance with the extended date schedule for that subparagraph is achieved.
`(C) MORE PROTECTIVE STANDARDS; EARLIER IMPLEMENTATION-
`(i) PERFORMANCE STANDARDS- If the Secretary
and the Administrator determine that ballast water treatment technology
exists that exceeds the performance standards required under paragraph
(1), the Secretary and the Administrator shall, for any class of
vessels, revise the performance standards to incorporate the higher
performance standards.
`(ii) IMPLEMENTATION- If the Secretary and the
Administrator determine that technology that achieves the applicable
performance standards required under paragraph (1) can be implemented
earlier than required by this subsection, the Secretary and the
Administrator shall, for any class of vessels, accelerate the
implementation schedule under paragraph (3). If the Secretary and the
Administrator accelerate the implementation schedule pursuant to this
clause, the Secretary and the Administrator shall provide at least 24
months notice before such accelerated implementation goes into effect.
`(iii) DETERMINATIONS NOT MUTUALLY EXCLUSIVE-
The Secretary and the Administrator shall take action under both clause
(i) and clause (ii) if the Secretary and the Administrator make
determinations under both clauses.
`(7) DELAY OF APPLICATION FOR VESSEL PARTICIPATING IN PROMISING TECHNOLOGY EVALUATIONS-
`(A) IN GENERAL- If a vessel participates in a
program, including the Shipboard Technology Evaluation Program
established under section 1104, using a technology approved by the
Secretary to test and evaluate promising ballast water treatment
technologies that are likely to result in treatment technologies
achieving a standard that is the same as or more stringent than the
standard that applies under paragraph (1) before the first date on
which paragraph (1) applies to that vessel, the Secretary shall allow
the vessel to use that technology for a 10-year period and such vessel
shall be deemed to be in compliance with the requirements of paragraph
(1) during that 10-year period.
`(B) VESSEL DIVERSITY- The Secretary--
`(i) shall seek to ensure that a wide variety of vessel types and voyages are included in the program; but
`(ii) may not grant a delay under this paragraph to more than 5 percent of the vessels to which this section applies.
`(C) TERMINATION OF GRACE PERIOD- The Secretary may terminate the 10-year grace period of a vessel under subparagraph (A) if--
`(i) the participation of the vessel in the program is terminated without the consent of the Secretary;
`(ii) the vessel does not comply with
manufacturer's standards for operating the ballast water treatment
technology used on such vessel; or
`(iii) the Secretary determines that the
approved technology is insufficiently effective or is causing harm to
the environment.
`(8) REVIEW OF STANDARDS-
`(A) IN GENERAL- In December 2012 and every third
year thereafter, the Administrator and the Secretary shall complete
review of ballast water treatment standards in effect under this
subsection to determine, after consultation with the heads of other
appropriate Federal agencies determined by the Administrator and the
Secretary, if the standards under this subsection should be revised to
reduce the amount of organisms or microbes allowed to be discharged,
taking into account improvements in the scientific understanding of
biological processes leading to the spread of aquatic nuisance species
and improvements in ballast water treatment technology. The
Administrator and the Secretary shall revise, by regulation, the
requirements of this subsection as necessary.
`(B) APPLICATION OF ADJUSTED STANDARDS- In the
regulations, the Secretary and the Administrator shall provide for the
prospective application of the adjusted standards issued under this
paragraph to vessels constructed after the date on which the adjusted
standards apply and for an orderly phase-in of the adjusted standards
to existing vessels.
`(A) VESSEL LIST- Not later than one year after the
date of enactment of the Ballast Water Treatment Act of 2008, the
Secretary shall publish and regularly update a list of vessels, not
equipped with ballast water equipment under this section, identified by
the States that, due to factors such as the origin of their voyages,
the frequency of their voyages, the volume of ballast water they carry,
the biological makeup of the ballast water, and the fact that they
frequently discharge ballast water under an exception to subsection
(e), pose a high risk of introducing aquatic nuisance species into the
waters of those States.
`(B) INCENTIVE PROGRAMS- The Secretary shall give
priority to vessels on the list for participation in a program
described in paragraph (7). Any Federal agency, and any State agency
with respect to vessels identified by such State to the Secretary for
inclusion on a list under subparagraph (A), may develop and implement
technology development programs or other incentives (whether positive
or negative) in order to encourage the adoption of ballast water
treatment technology by those vessels consistent with the requirements
of this section on an expedited basis.
`(10) NONAPPLICABILITY OF VESSELS OPERATING EXCLUSIVELY IN DETERMINED AREA-
`(A) IN GENERAL- Except as provided in subparagraph
(D), paragraph (1) does not apply to a vessel that operates exclusively
within a geographically limited area if the Secretary and the
Administrator have determined through a rulemaking proceeding, after
consultation with the heads of other appropriate Federal agencies as
determined by the Secretary and the Administrator, and representatives
of States the waters of which could be affected by the discharge of
ballast water from the vessel, that the risk of introducing aquatic
nuisance species through ballast water discharge from the vessel is
insignificant.
`(B) CERTAIN VESSELS- A vessel constructed before
January 1, 2001, that operates exclusively within the Great Lakes
ecosystem shall be presumed not to pose a significant risk of
introducing aquatic nuisance species unless the Secretary and the
Administrator find otherwise in a rulemaking proceeding under
subparagraph (A).
`(C) BEST PRACTICES- The Secretary and the
Administrator shall develop, and require a vessel exempted from
complying with the requirements of paragraph (1) under this paragraph
to follow, best practices to minimize the spreading of aquatic nuisance
species in its operation area. The best practices shall be developed in
consultation with the Governors of States that may be affected.
`(D) STOPPING THE SPREAD OF INFECTIOUS DISEASE- The
Secretary, at the request of the Secretary of Agriculture, shall
require a vessel to which paragraph (1) does not apply in accordance
with subparagraph (A) or (B) to have a ballast water treatment system
approved by the Secretary under this subsection to stop the spread of
infectious diseases to plants and animals as otherwise authorized by
law.
`(11) TESTING PROTOCOLS AND LABORATORIES-
`(A) IN GENERAL- The Secretary and the
Administrator, shall, no later than 90 days after the date of enactment
of the Ballast Water Treatment Act of 2008 and without regard to
chapter 5 of title 5, United States Code, issue interim protocols for
verifying the performance of ballast water treatment technologies
required by this Act, criteria for certifying laboratories to evaluate
such technologies, and procedures for approving treatment equipment and
systems for shipboard use.
`(B) PROTOCOLS AND PROCEDURES FOR TREATMENT
TECHNOLOGIES- In developing protocols and procedures for verifying and
approving treatment technologies, the Secretary and the Administrator,
shall consider using existing protocols and procedures including
methods used as part of the Ballast Water Management Demonstration
Program by the Environmental Protection Agency as a part of its
Environmental Testing & Verification Program, or by the Secretary
as part of the Coast Guard's Shipboard Technology Evaluation Program.
`(C) LABORATORIES- The Secretary and the
Administrator shall utilize Federal or non-Federal laboratories that
meet standards established by the Secretary for the purpose of
evaluating and certifying ballast water treatment technologies and
equipment under this subsection.
`(D) REQUIREMENTS; UPDATES- The Secretary and the
Administrator shall periodically review and, if necessary, revise the
criteria, protocols, and procedures developed under this paragraph.
`(12) PROGRAM TO SUPPORT THE PROMULGATION AND IMPLEMENTATION OF STANDARDS-
`(A) IN GENERAL- The Secretary and the
Administrator, in coordination with the Under Secretary, the Task Force
and other appropriate Federal agencies, shall carry out a coordinated
program to support the promulgation and implementation of standards
under this subsection to prevent the introduction and spread of aquatic
invasive species by vessels. The program established under this section
shall, at a minimum--
`(i) characterize physical, chemical, and
biological harbor conditions relevant to ballast discharge into United
States waters to inform the design and implementation of ship vector
control technologies and practices;
`(ii) develop testing protocols for determining
the effectiveness of vessel vector monitoring and control technologies
and practices;
`(iii) demonstrate methods for mitigating the
spread of invasive species by coastal voyages, including exploring the
effectiveness of alternative exchange zones in the near coastal areas
and other methods proposed to reduce transfers of organisms;
`(iv) verify the practical effectiveness of any
process for approving a type of alternative ballast water management as
meeting standards established under this subsection, to ensure that the
process produces repeatable and accurate assessments of treatment
effectiveness; and
`(v) evaluate the effectiveness and residual
risk and environmental impacts associated with any standard set with
respect to the vessel pathways.
`(B) AUTHORIZATION OF APPROPRIATIONS- In addition
to other amounts authorized by this title, to carry out this paragraph
there are authorized to be appropriated $1,500,000 to the Secretary and
$1,500,000 to the Under Secretary for each of fiscal years 2008 through
2012.
`(g) Warnings Concerning Ballast Water Uptake-
`(1) IN GENERAL- The Secretary shall notify vessel
owners and operators of any area in waters subject to the jurisdiction
of the United States in which vessels may not uptake ballast water due
to known conditions.
`(2) CONTENTS- The notice shall include--
`(A) the coordinates of the area; and
`(B) if possible, the location of alternative areas for the uptake of ballast water.
`(h) Sediment Management-
`(1) IN GENERAL- The operator of a vessel to which this
section applies may not remove or dispose of sediment from spaces
designed to carry ballast water, except--
`(A) in accordance with this subsection and the ballast water management plan approved under subsection (c); and
`(B)(i) more than 200 nautical miles from the nearest point of land; or
`(ii) into a reception facility that meets the requirements of paragraph (3).
`(2) DESIGN REQUIREMENTS-
`(A) NEW VESSELS- After December 31, 2008, a vessel
to which this section applies may not be operated on waters subject to
the jurisdiction of the United States, unless that vessel is designed
and constructed in accordance with regulations issued under
subparagraph (C) and in a manner that--
`(i) minimizes the uptake and entrapment of sediment;
`(ii) facilitates removal of sediment; and
`(iii) provides for safe access for sediment removal and sampling.
`(B) EXISTING VESSELS- A vessel to which this
section applies that was constructed before January 1, 2009, shall be
modified, to the extent practicable, at the first drydocking of the
vessel after December 31 2008, but not later than December 31, 2013, to
achieve the objectives described in subparagraph (A).
`(C) REGULATIONS- The Secretary shall issue
regulations establishing design and construction standards to achieve
the objectives of subparagraph (A) and providing guidance for
modifications and practices under subparagraph (B). The Secretary shall
incorporate the standards and guidance in the regulations governing the
ballast water management plan approved under subsection (c).
`(3) SEDIMENT RECEPTION FACILITIES-
`(A) STANDARDS- The Secretary, in consultation with
the heads of other appropriate Federal agencies as determined by the
Secretary, shall issue regulations governing facilities for the
reception of vessel sediment from spaces designed to carry ballast
water that provide for the disposal of such sediment in a way that does
not impair or damage the environment, human health, or property or
resources of the disposal area.
`(B) DESIGNATION- The Secretary, in consultation
with the heads of other appropriate Federal agencies as determined by
the Secretary shall designate facilities for the reception of vessel
sediment that meet the requirements of the regulations issued under
subparagraph (A) at ports and terminals where ballast tanks are cleaned
or repaired.
`(i) Examinations and Certifications-
`(1) INITIAL EXAMINATION-
`(A) IN GENERAL- The Secretary shall examine vessels to which this section applies to determine whether--
`(i) there is a ballast water management plan
for the vessel that is approved by the Secretary and a ballast water
record book on the vessel that meets the requirements of subsection (d);
`(ii) the equipment used for ballast water and
sediment management in accordance with the requirements of this section
and the regulations issued under this section is installed and
functioning properly.
`(B) NEW VESSELS- For vessels constructed on or
after January 1, 2009, the Secretary shall conduct the examination
required by subparagraph (A) before the vessel is placed in service.
`(C) EXISTING VESSELS- For vessels constructed before January 1, 2009, the Secretary shall--
`(i) conduct the examination required by
subparagraph (A) before the date on which subsection (f)(1) applies to
the vessel according to the schedule in subsection (f)(3); and
`(ii) inspect the vessel's ballast water record book required by subsection (d).
`(D) FOREIGN VESSEL- In the case of a foreign
vessel, the Secretary shall perform the examination required by this
paragraph the first time the vessel enters a United States port.
`(2) SUBSEQUENT EXAMINATIONS- In addition to the
examination required by paragraph (1), the Secretary shall annually
examine vessels to which this section applies, to ensure compliance
with the requirements of this section and the regulations issued under
this section.
`(3) INSPECTION AUTHORITY-
`(A) IN GENERAL- The Secretary may carry out
inspections of any vessel to which this section applies at any time,
including the taking of ballast water samples, to ensure compliance
with this section. The Secretary shall use all appropriate and
practical measures of detection and environmental monitoring such
vessels and shall establish adequate procedures for reporting
violations of this section and accumulating evidence regarding such
violations.
`(i) IN GENERAL- Upon receipt of evidence that
a violation of this section or a regulation issued under this section
has occurred, the Secretary shall cause the matter to be investigated.
`(ii) ISSUANCE OF SUBPOENAS- In an
investigation under this subparagraph, the Secretary may issue
subpoenas to require the attendance of any witness and the production
of documents and other evidence.
`(iii) COMPELLING COMPLIANCE WITH SUBPOENAS- In
case of refusal to obey a subpoena issued under this subparagraph, the
Secretary may request the Attorney General to invoke the aid of the
appropriate district court of the United States to compel compliance.
`(A) SUBMISSION TO SECRETARY- At any time after the
date of issuance of ballast water treatment regulations issued under
this section, the Governor of each State desiring to administer its own
inspection and enforcement authority for ballast water discharges
within its jurisdiction may submit to the Secretary a complete
description of the program the Governor proposes to establish and
administer under State law. In addition, the Governor shall submit a
statement from the attorney general that the laws of such State provide
adequate authority to carry out the described program.
`(B) APPROVAL- The Secretary shall approve a
program submitted under subparagraph (A), unless the Secretary
determines that adequate resources do not exist or, in the case of
ballast water testing, that adequate scientific expertise does not
exist--
`(i) to inspect, monitor, and board any vessel
to which this section applies at any time, including the taking and
testing of ballast water samples, to ensure the vessel's compliance
with this section;
`(ii) to ensure that any ballast water
discharged within the waters subject to the jurisdiction of the State
meet the ballast water requirements of this section and the regulations
issued under this section, including any revisions to such requirements
and regulations;
`(iii) to establish adequate procedures for reporting violations of this section;
`(iv) to investigate and abate violations of
this section, including civil and criminal penalties and other ways and
means of enforcement; and
`(v) to ensure that the Secretary receives
notice of each violation of the ballast water treatment requirements
issued under this section in an expeditious manner.
`(C) COMPLIANCE- Any State program approved under
this paragraph shall at all times be conducted in accordance with this
section and regulations issued under this section.
`(D) WITHDRAWAL OF APPROVAL- Whenever the Secretary
determines, after public hearing, that a State is not administering a
program approved under this paragraph in accordance with this section
and regulations issued under this section, the Secretary shall notify
the State and, if appropriate corrective action is not taken within a
reasonable period of time not to exceed 90 days, the Secretary shall
withdraw approval of the program. The Secretary shall not withdraw
approval of any program unless the Secretary shall first have notified
the State, and made public, in writing, the reasons for such withdrawal.
`(E) LIMITATION ON STATUTORY CONSTRUCTION- Nothing
in this paragraph shall limit the authority of the Secretary carry out
inspections and investigations of any vessels under paragraph (3).
`(5) REQUIRED CERTIFICATE- If, on the basis of an
initial examination under paragraph (1), the Secretary finds that a
vessel complies with the requirements of this section and the
regulations issued under this section, the Secretary shall issue a
certificate under this paragraph as evidence of such compliance. The
certificate shall be valid for a period of not more than 5 years, as
specified by the Secretary. The certificate or a true copy shall be
maintained on board the vessel.
`(6) NOTIFICATION OF VIOLATIONS- If the Secretary
finds, on the basis of an examination under paragraph (1) or (2),
investigation under paragraph (3), or any other information, that a
vessel is being operated in violation of any requirement of this
section or regulation issued under this section, the Secretary shall--
`(A) notify, in writing--
`(i) the master of the vessel; and
`(ii) the captain of the port at the vessel's next port of call;
`(B) remove from the vessel the certificate issued under paragraph (5);
`(C) take such other action as may be appropriate.
`(7) COMPLIANCE MONITORING-
`(A) IN GENERAL- The Secretary shall establish, by
regulation, sampling and other procedures to monitor compliance with
the requirements of this section and the regulations issued under this
section.
`(B) USE OF MARKERS- The Secretary may verify
compliance with the discharge requirements of subsection (f) and the
regulations issued under this section with respect to such requirements
through identification of markers associated with a treatment
technology's effectiveness, such as the presence of indicators
associated with a certified treatment technology.
`(8) EDUCATION AND TECHNICAL ASSISTANCE PROGRAMS- The
Secretary may carry out education and technical assistance programs and
other measures to promote compliance with the requirements of this
section and the regulations issued under this section.
`(9) REPORT- Beginning 1 year after final regulations
have been adopted pursuant to this section after the enactment of the
Ballast Water Treatment Act of 2008, and annually thereafter, the
Secretary shall prepare a report summarizing the results of ballast
water inspection and enforcement activities. The report shall, at a
minimum, include information on the number of vessels inspected and the
type of inspections, the status of implementation of treatment
technologies, the number of exemptions claimed from ballast water
exchange requirements, the number of violations, a summary of
enforcement and regulatory actions, and overall compliance statistics.
The report shall be made available on the National Ballast Information
Clearinghouse established under section 1102(f).
`(j) Detention of Vessels- The Secretary, by notice to the
owner, charterer, managing operator, agent, master, or other individual
in charge of a vessel, may detain that vessel if the Secretary has
reasonable cause to believe that--
`(1) the vessel is a vessel to which this section applies; and
`(2) the vessel does not comply with any requirement of
this section or regulation issued under this section or is being
operated in violation of such a requirement or regulation.
`(1) CIVIL PENALTIES- Any person who violates this
section (including a regulation issued under this section) shall be
liable for a civil penalty in an amount not to exceed $32,500. Each day
of a continuing violation constitutes a separate violation. A vessel
operated in violation of this section (including a regulation issued
under this section) is liable in rem for any civil penalty assessed
under this subsection for that violation.
`(2) CRIMINAL PENALTIES- Whoever knowingly violates
this section (including a regulation issued under this section) shall
be fined under title 18, United States, or imprisoned not more than 12
years, or both.
`(3) REVOCATION OF CLEARANCE- Except as provided in
subsection (j)(2), upon request of the Secretary, the Secretary of the
Treasury shall withhold or revoke the clearance of a vessel required by
section 60105 of title 46, United States Code, if the owner or operator
of that vessel is in violation of this section or a regulation issued
under this section.
`(1) ADMINISTRATIVE ACTIONS- If the Secretary finds,
after notice and an opportunity for a hearing, that a person has
violated this section or a regulation issued under this section, the
Secretary may assess a civil penalty for that violation. In determining
the amount of the civil penalty, the Secretary shall take into account
the nature, circumstances, extent, and gravity of the prohibited acts
committed and, with respect to the violator, the degree of culpability,
any history of prior violations, and such other matters as justice may
require.
`(2) CIVIL ACTIONS- At the request of the Secretary,
the Attorney General may bring a civil action in an appropriate
district court of the United States to enforce this section or any
regulation issued under this section. Any court before which such an
action is brought may award appropriate relief, including temporary or
permanent injunctions and civil penalties.
`(m) Consultation With Canada, Mexico, and Other Foreign
Governments- In developing the guidelines and regulations to be issued
under this section, the Secretary is encouraged to consult with the
Government of Canada, the Government of Mexico and any other government
of a foreign country that the Secretary, after consultation with the
Task Force, determines to be necessary to develop and implement an
effective international program for preventing the unintentional
introduction and spread of aquatic nuisance species through ballast
water.
`(n) International Cooperation- The Secretary, in
cooperation with the Under Secretary, the Secretary of State, the
Administrator, the heads of other relevant Federal agencies, the
International Maritime Organization of the United Nations, and the
Commission on Environmental Cooperation established pursuant to the
North American Free Trade Agreement, is encouraged to enter into
negotiations with the governments of foreign countries to develop and
implement an effective international program for preventing the
unintentional introduction and spread of aquatic invasive species. The
Secretary is particularly encouraged to seek bilateral or multilateral
agreements with Canada, Mexico, and other nations in the Wider
Caribbean Region (as defined in the Convention for the Protection and
Development of the Marine Environment of the Wider Caribbean, signed at
Cartagena on March 24, 1983 (TIAF 11085), to carry out the objectives
of this section.
`(o) Nondiscrimination- The Secretary shall ensure that
foreign vessels do not receive more favorable treatment than vessels of
the United States when the Secretary performs studies, reviews
compliance, determines effectiveness, establishes requirements, or
performs any other responsibilities under this Act.
`(p) Consultation With Task Force- The Secretary shall consult with the Task Force in carrying out this section.
`(1) IN GENERAL- Except as provided in subsection
(i)(4) and paragraph (4) of this subsection but notwithstanding any
other provision of law, the provisions of subsections (e) and (f)
supersede any provision of State or local law that is inconsistent with
the requirements of those subsections or that conflicts with the
requirements of those subsections.
`(2) GREATER PENALTIES OR FEES- For purpose of
paragraph (1), the imposition by State or local law of greater
penalties or fees for acts or omissions that are violations of such law
and also violations of this Act or the imposition by a State of
incentives under subsection (f)(9)(B) shall not be considered to be
inconsistent, or to conflict, with the requirements of subsections (e)
and (f).
`(3) RECEPTION FACILITIES- The standards issued by the
Secretary or the heads of other appropriate Federal agencies under
subsection (f)(2) do not supersede any more stringent standard under
any otherwise applicable Federal, State, or local law.
`(4) LIMITATION ON APPLICATION- Until January 1, 2012,
this subsection does not apply to a State law requiring ballast water
treatment and any regulations prescribed under that law as those laws
and regulations were in effect on January 1, 2007.
`(1) CIVIL ACTION- Any person may petition the
Secretary to bring a civil action in an appropriate district court of
the United States to enforce this section, or any regulation
promulgated hereunder. Within 90 days after receiving such a petition,
the Secretary shall--
`(A) respond to the person filing the petition with
a determination of whether a violation of this section, or any
regulation promulgated hereunder, has occurred or is occurring; and
`(B) if the Secretary determines that a violation
of this section, or any regulation promulgated hereunder, has occurred
or is occurring--
`(i) immediately bring a civil action in an
appropriate district court of the United States to enforce this
section, or any regulation promulgated hereunder; or
`(ii) demonstrate that the violation has ceased.
`(2) RELIEF- Any court before which such an action is
brought may award appropriate relief, including temporary or permanent
injunctive relief and civil penalties.
`(s) Coast Guard Report on Other Sources of Vessel-Bourne Nuisance Species-
`(A) HULL-FOULING AND OTHER VESSEL SOURCES- Not
later than 180 days after the date of enactment of the Ballast Water
Treatment Act of 2008, the Secretary shall transmit a report to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives on vessel-related pathways of harmful aquatic organisms
and pathogens other than ballast water and sediment, including vessel
hulls and equipment, and from vessels equipped with ballast tanks that
carry no ballast water on board.
`(i) IN GENERAL- As soon as practicable, the
Secretary shall develop best practices standards and procedures
designed to reduce the introduction and spread of invasive species into
and within the United States from vessels and establish a timeframe for
implementation of those standards and procedures by vessels. Such
standards and procedures shall include designation of geographical
locations for uptake and discharge of untreated ballast water, as well
as standards and procedure for other vessel pathways of aquatic
invasive species.
`(ii) REPORT- The Secretary shall transmit a
report to the committees referred to in subparagraph (A) describing the
standards and procedures developed under this subparagraph and the
implementation timeframe, together with such recommendations as the
Secretary determines appropriate.
`(iii) REGULATIONS- The Secretary may issue
regulations to incorporate and enforce standards and procedures
developed under this paragraph.
`(2) TRANSITING VESSELS- Not later than 180 days after
the date of enactment of the Ballast Water Treatment Act of 2008, the
Secretary shall transmit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
containing--
`(A) an assessment of the magnitude and potential
adverse impacts of ballast water operations from foreign vessels
designed, adapted, or constructed to carry ballast water that are
transiting waters subject to the jurisdiction of the United States; and
`(B) recommendations, including legislative
recommendations if appropriate, of options for addressing ballast water
operations of those vessels.'.
(b) Definitions- Section 1003 of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702) is
amended--
(A) paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively;
(B) paragraphs (4), (5), and (6) as paragraphs (8), (9), and (10), respectively;
(C) paragraphs (7), (8), (9), and (10) as paragraphs (12), (13), (14), and (15), respectively;
(D) paragraphs (11) and (12) as paragraphs (17) and (18), respectively;
(E) paragraphs (13), (14), and (15) as paragraphs (20), (21), and (22), respectively;
(F) paragraph (16) as paragraph (27); and
(G) paragraph (17) as paragraph (23);
(2) by moving paragraph (23), as so redesignated, after paragraph (22), as so redesignated;
(3) by inserting before paragraph (2), as so redesignated, the following:
`(1) `Administrator' means the Administrator of the Environmental Protection Agency;';
(4) by striking paragraph (4), as so redesignated, and inserting the following:
`(4) `ballast water' means--
`(A) water taken on board a vessel to control trim,
list, draught, stability, or stresses of the vessel, including matter
suspended in such water; or
`(B) any water placed into a ballast tank during cleaning, maintenance, or other operations;';
(5) by inserting after paragraph (4), as so redesignated and amended, the following:
`(5) `ballast water capacity' means the total
volumetric capacity of any tanks, spaces, or compartments on a vessel
that is used for carrying, loading, or discharging ballast water,
including any multi-use tank, space, or compartment designed to allow
carriage of ballast water;
`(6) `ballast water management' means mechanical,
physical, chemical, and biological processes used, either singularly or
in combination, to remove, render harmless, or avoid the uptake or
discharge of harmful aquatic organisms and pathogens within ballast
water and sediment;
`(7) `constructed' means a state of construction of a vessel at which--
`(B) construction identifiable with the specific vessel begins;
`(C) assembly of the vessel has begun comprising at
least 50 tons or 1 percent of the estimated mass of all structural
material of the vessel, whichever is less; or
`(D) the vessel undergoes a major conversion;';
(6) by inserting after paragraph (10), as so redesignated, the following:
`(11) `foreign vessel' has the meaning such term has under section 110 of title 46, United States Code;';
(7) by inserting after paragraph (15), as so redesignated, the following:
`(16) `major conversion' means a conversion of a vessel, that--
`(A) changes its ballast water carrying capacity by at least 15 percent;
`(B) changes the vessel class;
`(C) is projected to prolong the vessel's life by at least 10 years (as determined by the Secretary); or
`(D) results in modifications to the vessel's ballast water system, except--
`(i) component replacement-in-kind; or
`(ii) conversion of a vessel to meet the requirements of section 1101(e);';
(8) by inserting after paragraph (18), as so redesignated, the following:
`(19) `sediment' means matter that has settled out of ballast water within a vessel;';
(9) in paragraph (12), as so redesignated, by striking the period at the end and inserting a semicolon;
(10) by inserting after paragraph (23), as so redesignated and moved, the following:
`(24) `United States port' means a port, river, harbor,
or offshore terminal under the jurisdiction of the United States,
including ports located in Puerto Rico, Guam, and the United States
Virgin Islands;
`(25) `vessel of the Armed Forces' means--
`(A) any vessel owned or operated by the Department of Defense, other than a time or voyage chartered vessel; and
`(B) any vessel owned or operated by the Department
of Homeland Security that is designated by the Secretary as a vessel
equivalent to a vessel described in subparagraph (A);
`(26) `vessel of the United States' has the meaning such term has under section 116 of title 46, United States Code;'; and
(11) in paragraph (23), as so redesignated, by striking the period at the end and inserting `;'.
(c) Repeal of Section 1103- Section 1103 of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16
U.S.C. 4713) is repealed.
(d) Interim Final Rule- The Secretary shall issue an
interim final rule as a temporary regulation implementing the
amendments made by this section as soon as practicable after the date
of enactment of this section, without regard to the provisions of
chapter 5 of title 5, United States Code. All regulations issued under
the authority of this subsection that are not earlier superseded by
final regulations shall expire not later than one year after the date
of enactment of this Act.
SEC. 504. NATIONAL BALLAST WATER MANAGEMENT INFORMATION.
Section 1102 (16 U.S.C. 4712) is amended--
(1) by adding at the end the following:
`(g) Ballast Water Surveys-
`(1) IN GENERAL- The Secretary shall conduct the following ballast water surveys:
`(A) A survey of the number of living organisms in
untreated ballast water of a representative number of vessels, as
determined by the Secretary.
`(B) A survey of the number of living organisms in
the ballast water of a representative number of vessels, as determined
by the Secretary, that has been exchanged on the high seas.
`(C) Surveys of the number of living organisms in
the ballast water of vessels that are participating in a program to
test and evaluate promising ballast water treatment, as approved by the
Secretary.
`(2) REPORTS- The Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate--
`(A) a report on the results of the surveys under
subparagraphs (A) and (B) of paragraph (1) by not later than 18 months
after the date of enactment of the Ballast Water Treatment Act of 2008;
and
`(B) a report on the results of the surveys
required under subparagraph (C) of paragraph (1) upon completion of
each demonstration concerned.';
(2) in subsection (b)(1)(B)(ii), by striking `guidelines issued and';
(3) in subsection (b)(2)(B)(ii), by striking `voluntary
guidelines issued, and regulations promulgated,' and inserting
`regulations promulgated';
(4) in subsection (c)(1), by striking `section 1101(b)' and inserting `section 1101(a)'; and
(5) in subsection (f)(1)(B), by striking `guidelines
issued pursuant to section 1101(c)' and inserting `regulations issued
pursuant to section 1101'.
SEC. 505. BALLAST WATER MANAGEMENT EVALUATION AND DEMONSTRATION PROGRAM.
Section 1104 (16 U.S.C. 4714) is amended--
(1) by striking the section heading and inserting the following:
`SEC. 1104. BALLAST WATER TREATMENT TECHNOLOGY EVALUATION AND DEMONSTRATION PROGRAMS.';
(2) by striking subsection (a);
(3) by redesignating subsection (b) as subsection (a);
(4) by redesignating subsection (c) as subsection (d);
(5) in subsection (a), as so redesignated--
(A) by striking so much as precedes paragraph (2) and inserting the following:
`(a) Shipboard Technology Evaluation Program-
`(1) IN GENERAL- The Secretary shall establish a
Shipboard Technology Evaluation Program to evaluate ballast water
treatment technologies aboard vessels to prevent aquatic nuisance
species from being introduced into and spread through discharges of
ballast water in waters of the United States.'; and
(B) in paragraph (2) by striking `of the
technologies and practices used in the demonstration program' and
inserting `of ballast water treatment technologies used in the program';
(6) in subsection (a)(3), as so redesignated, by
striking `technologies and practices' and all that follows through
`shall--' and inserting `ballast water treatment technologies on
vessels under this subsection, the Secretary shall--';
(7) in subsection (a)(3)(A), as so redesignated, by
striking clause (i) and redesignating clauses (ii) and (iii) in order
as clauses (i) and (ii);
(8) by amending subsection (a)(3)(A)(i), as so redesignated, to read as follows:
`(i) have ballast water systems conducive to testing aboard the vessel; and';
(9) by amending subsection (a)(3)(C), as so redesignated, to read as follows:
`(C) seek to use a variety of vessel types.';
(10) by amending subsection (a)(4), as so redesignated, to read as follows:
`(4) SELECTION OF BALLAST WATER TREATMENT TECHNOLOGIES-
In order for a ballast water treatment technology to be eligible to be
installed on vessels for evaluation under this section, such technology
must be, at a minimum--
`(A) determined by the Secretary to have the
demonstrated potential to reduce the number of organisms greater than
or equal to 50 microns in minimum dimension in discharged ballast water
to fewer than 10 living organisms per cubic meter of water;
`(C) environmentally sound;
`(D) operationally practical;
`(E) able to be retrofitted on existing vessels or incorporated in new vessel design (or both);
`(F) safe for a vessel and crew; and
`(G) accessible to monitoring.';
(11) in subsection (a), as so redesignated, by adding at the end the following:
`(6) AUTHORITY OF SECRETARY TO REVIEW AND REVISE
CRITERIA- The Secretary may review and revise the criteria described in
paragraph (4)(A) to require ballast water treatment technologies to
meet a more stringent ballast water discharge standard, including
standards promulgated under section 1101(f), before being eligible for
installation aboard vessels under the program.';
(12) by inserting after subsection (a), as so redesignated, the following:
`(b) Shipboard Technology Demonstration Program-
`(1) IN GENERAL- The Under Secretary, with the
concurrence of and in cooperation with the Secretary, shall conduct a
program to demonstrate ballast water treatment technologies evaluated
aboard vessels under subsection (a) to prevent aquatic nuisance species
from being introduced into and spread through ballast water in waters
of the United States.
`(2) LOCATION- The installation and construction of
ballast water treatment technologies used in the demonstration program
under this subsection shall be performed in the United States.
`(3) VESSEL ELIGIBILITY- Vessels eligible to
participate in the demonstration program under this subsection shall
consist only of vessels that have been accepted into and are actively
participating in the Shipboard Technology Evaluation Program under
subsection (a).
`(A) IN GENERAL- The Under Secretary shall
establish a grant program to provide funding for acquiring, installing,
and operating ballast water treatment technologies aboard vessels
participating in the program under this subsection.
`(B) MATCHING REQUIREMENTS- The amount of Federal funds used for any demonstration project under this subsection--
`(i) shall not exceed $1,000,000; and
`(ii) shall not exceed 50 percent of the total cost of such project.
`(c) Alternative Ship Pathway Program-
`(1) IN GENERAL- The Under Secretary, with the
concurrence of and in cooperation with the Secretary, shall conduct a
program to demonstrate and verify technologies and practices to monitor
and control the introduction of aquatic invasive species by ship
pathways other than the release of ballast water.
`(2) SELECTION OF METHODS- The Under Secretary may not
select technologies and practices for demonstration or verification
under paragraph (1) unless such technologies and practices, in the
determination of the Under Secretary, in consultation with the
Secretary, meet the criteria outlined in subparagraphs (B) through (G)
of subsection (a)(4).
`(3) LOCATION- The installation and construction of
technologies and practices for demonstration and verification under
this subsection shall be performed in the United States.'; and
(13) in subsection (d), as so redesignated, by striking
`Secretary of the Interior' each place it appears and inserting
`Secretary, in consultation with the Under Secretary,'.
SEC. 506. RAPID RESPONSE PLAN.
Subtitle C of title I of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4721 et seq.) is amended
by adding at the end the following:
`SEC. 1210. RAPID RESPONSE PLAN.
`(a) Preparation by President- The President shall prepare
and publish a national rapid response plan for killing, removing, or
minimizing the spread of aquatic nuisance species in the waters of the
United States in accordance with this section.
`(b) Contents- The national rapid response plan shall
provide for efficient, coordinated, and effective action to minimize
damage from aquatic nuisance species in the navigable waters of the
United States, including killing, containing, and removal of the
aquatic nuisance species, and shall include the following:
`(1) Assignment of duties and responsibilities among
Federal departments and agencies in coordination with State and local
agencies and port authorities and private entities.
`(2) Identification, procurement, maintenance, and
storage of equipment and supplies needed to facilitate the killing,
containment, and removal of aquatic nuisance species under this section.
`(3) Establishment or designation by the President of Federal aquatic nuisance species response teams, consisting of--
`(A) personnel who shall be trained and prepared by
the President and shall be available to provide necessary services to
carry out the national rapid response plan;
`(B) adequate equipment and material needed to
facilitate the killing, containment, and removal of aquatic nuisance
species under this section; and
`(C) a detailed plans to kill, contain, and remove
aquatic nuisance species, including measures to protect fisheries and
wildlife.
`(4) A system of surveillance and notice designed to
safeguard against, as well as ensure earliest possible notice of, the
introduction of aquatic nuisance species and imminent threats of such
introduction to the appropriate State and Federal agencies.
`(5) Establishment by the President of a national
center to provide coordination and direction for operations in carrying
out the plan.
`(6) Procedures and techniques to be employed in
identifying, containing, killing, and removing aquatic nuisance species
in the waters of the United States.
`(7) A schedule, prepared by the President in cooperation with the States, identifying--
`(A) mitigating devices and substances, if any, that may be used in carrying out the plan;
`(B) the waters in which such mitigating devices and substances may be used; and
`(C) the quantities of such mitigating device or substance which can be used safely in such waters.
`(8) A system whereby the State or States affected by
an aquatic nuisance species may act where necessary to remove such
species.
`(9) Establishment by the President of criteria and
procedures to ensure immediate and effective Federal identification of,
and response to, an introduction of aquatic nuisance species.
`(10) Designation by the President of the Federal
official who shall be the Federal on-scene coordinator for measures
taken to kill, contain, and remove aquatic nuisance species under this
section.
`(11) A fish and wildlife response plan for the
immediate and effective protection, rescue, and rehabilitation of, and
the minimization of risk of damage to, fish and wildlife resources and
their habitat that are harmed or that may be jeopardized by an
introduction of an aquatic nuisance species.
`(c) Federal Removal Authority-
`(1) REMOVAL REQUIREMENT-
`(A) IN GENERAL- The President shall ensure, in
accordance with the national rapid response plan, effective and
immediate killing, containing, and removal of the aquatic nuisance
species in the waters of the United States.
`(B) DISCRETIONARY AUTHORITY- In carrying out this paragraph, the President may--
`(i) kill, contain, and remove an aquatic nuisance species, at any time; and
`(ii) direct or monitor all Federal, State, and private actions to kill, contain, and remove the aquatic nuisance species.
`(2) ACTIONS IN ACCORDANCE WITH NATIONAL RAPID RESPONSE
PLAN- Each Federal agency, State, owner or operator, or other person
participating in efforts under this subsection shall act in accordance
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 semicolon in paragraph (4)(B);
(2) by striking the period at the end of paragraph (5)(B) and inserting a semicolon; and
(3) by adding at the end the following:
`(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--MARITIME POLLUTION PREVENTION
SEC. 601. SHORT TITLE.
This title may be cited as the `Maritime Pollution Prevention Act of 2008'.
SEC. 602. REFERENCES.
Wherever in this title an amendment or repeal is expressed
in terms of an amendment to or a repeal of a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Act to Prevent Pollution from Ships (33 U.S.C.
1901 et seq.).
SEC. 603. DEFINITIONS.
Section 2(a) (33 U.S.C. 1901(a)) is amended--
(1) by redesignating the paragraphs (1) through (12) as paragraphs (2) through (13), respectively;
(2) by inserting before paragraph (2) (as so redesignated) the following:
`(1) `Administrator' means the Administrator of the Environmental Protection Agency.';
(3) in paragraph (5) (as so redesignated) by striking `and V' and inserting `V, and VI';
(4) in paragraph (6) (as so redesignated) by striking
`discharge' and `garbage' and `harmful substance' and `incident' and
inserting `discharge', `emission', `garbage', `harmful substance', and
`incident'; and
(5) by redesignating paragraphs (7) through (13) (as
redesignated) as paragraphs (8) through (14), respectively, and
inserting after paragraph (6) (as redesignated) the following:
`(7) `navigable waters' includes the territorial sea of
the United States (as defined in Presidential Proclamation 5928 of
December 27, 1988) and the internal waters of the United States;'.
SEC. 604. APPLICABILITY.
Section 3 (33 U.S.C. 1902) is amended--
(A) by striking `and' at the end of paragraph (3);
(B) by striking the period at the end of paragraph (4) and inserting `; and'; and
(C) by adding at the end the following:
`(5) with respect to Annex VI to the Convention, and other than with respect to a ship referred to in paragraph (1)--
`(A) to a ship that is in a port, shipyard, offshore terminal, or the internal waters of the United States;
`(B) to a ship that is bound for, or departing
from, a port, shipyard, offshore terminal, or the internal waters of
the United States, and is in--
`(i) the navigable waters of the United States;
`(ii) an emission control area designated pursuant to section 4; or
`(iii) any other area that the Administrator,
in consultation with the Secretary and each State in which any part of
the area is located, has designated by order as being an area from
which emissions from ships are of concern with respect to protection of
public health, welfare, or the environment;
`(C) to a ship that is entitled to fly the flag of, or operating under the authority of, a party to Annex VI, and is in--
`(i) the navigable waters of the United States;
`(ii) an emission control area designated under section 4; or
`(iii) any other area that the Administrator,
in consultation with the Secretary and each State in which any part of
the area is located, has designated by order as being an area from
which emissions from ships are of concern with respect to protection of
public health, welfare, or the environment; and
`(D) to the extent consistent with international law, to any other ship that is in--
`(i) the exclusive economic zone of the United States;
`(ii) the navigable waters of the United States;
`(iii) an emission control area designated under section 4; or
`(iv) any other area that the Administrator, in
consultation with the Secretary and each State in which any part of the
area is located, has designated by order as being an area from which
emissions from ships are of concern with respect to protection of
public health, welfare, or the environment.';
(A) in paragraph (1) by striking `paragraph (2)' and inserting `paragraphs (2) and (3)'; and
(B) by adding at the end the following:
`(3) With respect to Annex VI the Administrator, or the
Secretary, as relevant to their authorities pursuant to this Act, may
determine that some or all of the requirements under this Act shall
apply to one or more classes of public vessels, except that such a
determination by the Administrator shall have no effect unless the head
of the Department or agency under which the vessels operate concurs in
the determination. This paragraph does not apply during time of war or
during a declared national emergency.';
(3) by redesignating subsections (c) through (g) as
subsections (d) through (h), respectively, and inserting after
subsection (b) the following:
`(c) Application to Other Persons- This Act shall apply to
all persons to the extent necessary to ensure compliance with Annex VI
to the Convention.'; and
(4) in subsection (e), as redesignated--
(A) by inserting `or the Administrator, consistent with section 4 of this Act,' after `Secretary';
(B) by striking `of section (3)' and inserting `of this section'; and
(C) by striking `Protocol, including regulations
conforming to and giving effect to the requirements of Annex V' and
inserting `Protocol (or the applicable Annex), including regulations
conforming to and giving effect to the requirements of Annex V and
Annex VI'.
SEC. 605. ADMINISTRATION AND ENFORCEMENT.
Section 4 (33 U.S.C. 1903) is amended--
(1) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively, and inserting after subsection
(a) the following:
`(b) Duty of the Administrator- In addition to other duties
specified in this Act, the Administrator and the Secretary,
respectively, shall have the following duties and authorities:
`(1) The Administrator shall, and no other person may,
issue Engine International Air Pollution Prevention certificates in
accordance with Annex VI and the International Maritime Organization's
Technical Code on Control of Emissions of Nitrogen Oxides from Marine
Diesel Engines, on behalf of the United States for a vessel of the
United States as that term is defined in section 116 of title 46,
United States Code. The issuance of Engine International Air Pollution
Prevention certificates shall be consistent with any applicable
requirements of the Clean Air Act or regulations prescribed under that
Act.
`(2) The Administrator shall have authority to
administer regulations 12, 13, 14, 15, 16, 17, 18, and 19 of Annex VI
to the Convention.
`(3) The Administrator shall, only as specified in section 8(f), have authority to enforce Annex VI of the Convention.';
(2) in subsection (c), as redesignated, by
redesignating paragraph (2) as paragraph (4), and inserting after
paragraph (1) the following:
`(2) In addition to the authority the Secretary has to
prescribe regulations under this Act, the Administrator shall also
prescribe any necessary or desired regulations to carry out the
provisions of regulations 12, 13, 14, 15, 16, 17, 18, and 19 of Annex
VI to the Convention.
`(3) In prescribing any regulations under this section, the
Secretary and the Administrator shall consult with each other, and with
respect to regulation 19, with the Secretary of the Interior.'; and
(3) by adding at the end of subsection (c), as redesignated, the following:
`(5) No standard issued by any person or Federal authority,
with respect to emissions from tank vessels subject to regulation 15 of
Annex VI to the Convention, shall be effective until 6 months after the
required notification to the International Maritime Organization by the
Secretary.'.
SEC. 606. CERTIFICATES.
Section 5 (33 U.S.C. 1904) is amended--
(1) in subsection (a) by striking `The Secretary' and inserting `Except as provided in section 4(b)(1), the Secretary';
(2) in subsection (b) by striking `Secretary under the
authority of the MARPOL protocol.' and inserting `Secretary or the
Administrator under the authority of this Act.'; and
(3) in subsection (e) by striking `environment.' and inserting `environment or the public health and welfare.'.
SEC. 607. RECEPTION FACILITIES.
Section 6 (33 U.S.C. 1905) is amended--
(1) in subsection (a) by adding at the end the following:
`(3) The Secretary and the Administrator, after consulting
with appropriate Federal agencies, shall jointly prescribe regulations
setting criteria for determining the adequacy of reception facilities
for receiving ozone depleting substances, equipment containing such
substances, and exhaust gas cleaning residues at a port or terminal,
and stating any additional measures and requirements as are appropriate
to ensure such adequacy. Persons in charge of ports and terminals shall
provide reception facilities, or ensure that reception facilities are
available, in accordance with those regulations. The Secretary and the
Administrator may jointly prescribe regulations to certify, and may
issue certificates to the effect, that a port's or terminal's
facilities for receiving ozone depleting substances, equipment
containing such substances, and exhaust gas cleaning residues from
ships are adequate.';
(2) in subsection (b) by inserting `or the Administrator' after `Secretary';
(3) in subsection (e) by striking paragraph (2) and inserting the following:
`(2) The Secretary may deny the entry of a ship to a port
or terminal required by the MARPOL Protocol, this Act, or regulations
prescribed under this section relating to the provision of adequate
reception facilities for garbage, ozone depleting substances, equipment
containing those substances, or exhaust gas cleaning residues, if the
port or terminal is not in compliance with the MARPOL Protocol, this
Act, or those regulations.';
(4) in subsection (f)(1) by striking `Secretary is' and inserting `Secretary and the Administrator are'; and
(5) in subsection (f)(2) by striking `(A)'.
SEC. 608. INSPECTIONS.
Section 8(f) (33 U.S.C. 1907(f)) is amended to read as follows:
`(f)(1) The Secretary may inspect a ship to which this Act
applies as provided under section 3(a)(5), to verify whether the ship
is in compliance with Annex VI to the Convention and this Act.
`(2) If an inspection under this subsection or any other
information indicates that a violation has occurred, the Secretary, or
the Administrator in a matter referred by the Secretary, may undertake
enforcement action under this section.
`(3) Notwithstanding subsection (b) and paragraph (2) of
this subsection, the Administrator shall have all of the authorities of
the Secretary, as specified in subsection (b) of this section, for the
purposes of enforcing regulations 17 and 18 of Annex VI to the
Convention to the extent that shoreside violations are the subject of
the action and in any other matter referred to the Administrator by the
Secretary.'.
SEC. 609. AMENDMENTS TO THE PROTOCOL.
Section 10(b) (33 U.S.C. 1909(b)) is amended by inserting
`or the Administrator as provided for in this Act,' after `Secretary,'.
SEC. 610. PENALTIES.
Section 9 (33 U.S.C. 1908) is amended--
(1) by striking `Protocol,,' each place it appears and inserting `Protocol,';
(A) by inserting `, or the Administrator as provided for in this Act' after `Secretary' the first place it appears;
(B) in paragraph (2), by inserting `, or the Administrator as provided for in this Act,' after `Secretary'; and
(C) in the matter after paragraph (2)--
(i) by inserting `, or the Administrator as provided for in this Act' after `Secretary' the first place it appears; and
(ii) by inserting `, or the Administrator as
provided for in this Act,' after `Secretary' the second and third
places it appears;
(3) in subsection (c), by inserting `, or the
Administrator as provided for in this Act,' after `Secretary' each
place it appears; and
(4) in subsection (f), by inserting `, or the
Administrator as provided for in this Act' after `Secretary' the first
place appears.
SEC. 611. EFFECT ON OTHER LAWS.
Section 15 (33 U.S.C. 1911) is amended to read as follows:
`SEC. 15. EFFECT ON OTHER LAWS.
`Authorities, requirements, and remedies of this Act
supplement and neither amend nor repeal any other authorities,
requirements, or remedies conferred by any other provision of law.
Nothing in this Act shall limit, deny, amend, modify, or repeal any
other authority, requirement, or remedy available to the United States
or any other person, except as expressly provided in this Act.'.
TITLE VII--PORT SECURITY
SEC. 701. MARITIME HOMELAND SECURITY PUBLIC AWARENESS PROGRAM.
The Secretary of Homeland Security shall establish a
program to help prevent acts of terrorism and other activities that
jeopardize maritime homeland security, by seeking the cooperation of
the commercial and recreational boating industries and the public to
improve awareness of activity in the maritime domain and report
suspicious or unusual activity.
SEC. 702. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL.
(a) Assessment of TWIC Program Implementation-
(1) IN GENERAL- Not later than 120 days after
implementing the Transportation Worker Identification Credential
program (in this section referred to as `TWIC') at the ten ports
designated top priority by the Secretary of Homeland Security, 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 Commerce, Science, and
Transportation of the Senate, and the Committee on Homeland Security
and Governmental 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 implementation. The report shall include--
(A) the number of workers enrolled in the program
to date and the extent to which key metrics and contract requirements
have been met; and
(B) an overview of the challenges encountered
during implementation of the enrollment process, and plans for how
these challenges will be addressed as the program is implemented at
additional ports.
(2) GAO ASSESSMENT- The Comptroller General shall
review the report and submit to the Committee on Homeland Security of
the House of Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Homeland Security
and Governmental Affairs of the Senate an assessment of the report's
findings 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 Homeland Security
shall submit to the Committee on Homeland Security of the House of
Representatives, the Committee on Commerce, Science, and Transportation
of the Senate, and the Committee on Homeland Security and Governmental
Affairs of the Senate and to the Comptroller General a report
containing an assessment of the results of the pilot. The report shall
include--
(A) the findings of the pilot program with respect
to key technical and operational aspects of implementing TWIC
technologies in the maritime sector;
(B) a comprehensive listing of the extent to which established metrics were achieved during the pilot program; and
(C) an analysis of the viability of those
technologies for use in the maritime environment, including any
challenges to implementing those technologies and strategies for
mitigating identified challenges.
(2) GAO ASSESSMENT- The Comptroller General shall
review the report and submit to the Committee on Homeland Security of
the House of Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Homeland Security
and Governmental Affairs of the Senate an assessment of the report's
findings and recommendations.
SEC. 703. STUDY TO IDENTIFY REDUNDANT BACKGROUND RECORDS CHECKS.
(a) Study- The Comptroller General of the United States
shall conduct a study comparing those background records checks
required 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
enactment of this Act, the Comptroller General of the United States
shall submit a report to the Committee on Homeland Security of the
House of Representatives, the Committee on Transportation and
Infrastructure of the House of Representatives, the Committee on
Commerce, Science, and Transportation of the Senate, and the Committee
on Homeland Security and Governmental 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 INTERAGENCY OPERATIONAL CENTERS.
(a) In General- Within 180 days of enactment of this Act,
the Department of Homeland Security Inspector General shall provide a
report to the Committee on Homeland Security of the House of
Representatives and the Committees on Homeland Security and
Governmental Affairs and Commerce, Science, and Transportation of the
Senate concerning the 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 Department's efforts to establish the Interagency Operational Centers;
(2) a timeline for construction;
(3) a detailed breakdown, by center, as to the
incorporation of those representatives 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 centers;
(5) information on the number of security 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 fusion
centers participating in the Department of Homeland Security's State,
Local, and Regional Fusion Center Initiative under section 511 of the
Implementing the Recommendations of the 9/11 Commission 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.
`(2) MINIMIZATION OF RESPONSE TIME- The maritime
security response teams shall be stationed in such a way to minimize,
to the extent practicable, the response time to any reported maritime
terrorist threat.
`(d) Coordination With Other Agencies- To the maximum
extent feasible, each maritime safety and security team and maritime
security response team shall coordinate its activities with other
Federal, State, and local law enforcement and emergency response
agencies.'.
SEC. 706. COAST GUARD DETECTION CANINE TEAM PROGRAM EXPANSION.
(a) Definitions- For purposes of this section:
(1) CANINE DETECTION TEAM- The term `detection canine
team' means a canine and a canine handler that are trained to detect
narcotics or explosives, or other threats as defined by the Secretary.
(2) SECRETARY- The term `Secretary' means the Secretary of Homeland Security.
(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 10 canine teams annually
through fiscal year 2012; and
(B) encourage owners and operators of port
facilities, passenger cruise liners, oceangoing cargo vessels, and
other vessels identified by the Secretary to strengthen security
through the use of highly trained detection canine teams.
(2) CANINE PROCUREMENT- The Secretary, acting through the Commandant of the Coast Guard, shall--
(A) procure detection canine teams as efficiently
as possible, including, to the greatest extent possible, through
increased domestic breeding, while meeting the performance needs and
criteria established by the Commandant;
(B) support expansion and upgrading of existing
canine training facilities operated by the department in which the
Coast Guard is operating; and
(C) as appropriate, partner with other Federal,
State, or local agencies, nonprofit organizations, universities, or the
private sector to increase the breeding and training capacity for Coast
Guard canine detection teams.
(c) Deployment- The Secretary shall prioritize deployment
of the additional canine teams to ports based on risk, consistent with
the Security and Accountability For Every Port Act of 2006 (Public Law
109-347).
(d) Authorization- There are authorized to be appropriated
to the Secretary such sums as may be necessary to carry out this
section for fiscal years 2008 through 2012.
SEC. 707. COAST GUARD PORT ASSISTANCE PROGRAM.
Section 70110 of title 46, United States Code, is amended by adding at the end the following:
`(f) Coast Guard Assistance Program-
`(1) IN GENERAL- The Secretary may lend, lease, donate,
or otherwise provide equipment, and provide technical training and
support, to the owner or operator of a foreign port or facility--
`(A) to assist in bringing the port or facility
into compliance with applicable International Ship and Port Facility
Code standards;
`(B) to assist the port or facility in meeting standards established under section 70109A of this chapter; and
`(C) to assist the port or facility in exceeding the standards described in subparagraphs (A) and (B).
`(2) CONDITIONS- The Secretary--
`(A) shall provide such assistance based upon an
assessment of the risks to the security of the United States and the
inability of the owner or operator of the port or facility otherwise to
bring the port or facility into compliance with those standards and to
maintain compliance with them;
`(B) may not provide such assistance unless the
port or facility has been subjected to a comprehensive port security
assessment by the Coast Guard or a third party entity certified by the
Secretary under section 70110A(b) to validate foreign port or facility
compliance with International Ship and Port Facility Code standards; and
`(C) may only lend, lease, or otherwise provide
equipment that the Secretary has first determined is not required by
the Coast Guard for the performance of its missions.'.
SEC. 708. MARITIME BIOMETRIC IDENTIFICATION.
(a) In General- Within one year after the date of the
enactment of this Act, the Secretary of Homeland Security, acting
through the Commandant of the Coast Guard, shall conduct, in the
maritime environment, a program for the mobile biometric identification
of suspected individuals, including terrorists, to enhance border
security and for other purposes.
(b) Requirements- The Secretary shall ensure the program
required in this section is coordinated with other biometric
identification programs within the Department of Homeland Security.
(c) Cost Analysis- Within 90 days after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Appropriations and Homeland Security of the House of Representatives
and the Committees on Appropriations and Homeland Security and
Governmental Affairs of the Senate an analysis of the cost of expanding
the Coast Guard's biometric identification capabilities for use by the
Coast Guards Deployable Operations Group, cutters, stations, and other
deployable maritime teams considered appropriate by the Secretary, and
any other appropriate Department of Homeland Security maritime vessels
and units. The analysis may include a tiered plan for the deployment of
this program that gives priority to vessels and units more likely to
encounter individuals suspected of making illegal border crossings
through the maritime environment.
(d) Definition- For the purposes of this section, the term
`biometric identification' means use of fingerprint and digital
photography images.
SEC. 709. REVIEW OF POTENTIAL THREATS.
Not later than 1 year after the date of enactment of this
Act, the Secretary of Homeland Security shall submit to the Committee
on Homeland Security of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a report
analyzing the threat, vulnerability, and consequence of a terrorist
attack on gasoline and chemical cargo shipments in port activity areas
in the United States.
SEC. 710. PORT SECURITY PILOT.
The Secretary of Homeland Security shall establish a pilot
program to test and deploy preventive radiological or nuclear detection
equipment on Coast Guard vessels and other locations in select port
regions to enhance border security and for other purposes. The pilot
program shall leverage existing Federal grant funding to support this
program and the procurement of additional equipment.
SEC. 711. ADVANCE NOTICE OF PORT ARRIVAL OF SIGNIFICANT OR FATAL INCIDENTS INVOLVING U.S. PERSONS.
(a) Requirement- The Secretary of Homeland Security shall
require the owner or operator of a cruise ship that embarks or
disembarks passengers in a United States port to notify the Secretary
of any covered security incident that occurs on the cruise ship in the
course of the voyage (or voyage segment) in which a U.S. person is
involved, in conjunction with any advance notice of arrival to a United
States port required by part 160 of title 33, Code of Federal
Regulations.
(b) Definitions- For the purposes of this section:
(1) COVERED SECURITY INCIDENT- The term `covered
security incident' means any criminal act or omission that results in
death or bodily injury, all sexual assaults and missing persons, or any
other incident that poses a significant threat to the cruise ship, any
cruise ship passenger, any port facility, or any person in or near the
port.
(2) CRUISE SHIP- The term `cruise ship' means a vessel
on an international voyage that embarks or disembarks passengers at a
port of United States jurisdiction to which subpart C of part 160 of
title 33, Code of Federal Regulations, applies and that provides
overnight accommodations.
(3) U.S. PERSON- The term `U.S. person' means a citizen
of the United States and an alien lawfully admitted for permanent
residence (as defined in section 101(a)(20) of the Immigration and
Nationality Act (8 U.S.C. 1101 (a)(20)).
(4) UNITED STATES- The term `United States' means the
50 States, the District of Columbia, Puerto Rico, the Northern Mariana
Islands, the United States Virgin Islands, Guam, American Samoa, and
any other territory or possession of the United States.
(c) Savings Clause- Nothing in this section shall be
interpreted to discourage immediate notification to the Secretary of a
covered security incident, nor shall this section prohibit earlier
notifications of covered security incidents otherwise required by law
or regulation.
(d) Availability of Incident Data Via Internet-
(1) WEBSITE- The Secretary shall maintain, on an
Internet site of the department in which the Coast Guard is operating,
a numerical accounting of the missing persons and alleged crimes in
covered security incidents for which the Secretary receives
notification under subsection (a). The data shall be updated no less
frequently than quarterly, aggregated by cruise line, and each cruise
line shall be identified by name.
(2) ACCESS TO WEBSITE- Each cruise line taking on or
discharging passengers in the United States shall include on its
Internet site a link to the Internet site referred to in paragraph (1),
that is available to the public.
SEC. 712. SAFETY AND SECURITY ASSISTANCE FOR FOREIGN PORTS.
(a) In General- Section 70110(e)(1) of title 46, United
States Code, is amended by striking the second sentence and inserting
the following: `The Secretary shall establish a strategic plan to
utilize those assistance programs to assist ports and facilities that
are found by the Secretary under subsection (a) not to maintain
effective antiterrorism measures in the implementation of port security
antiterrorism measures.'.
(b) Conforming Amendments-
(1) Section 70110 of title 46, United States Code, is amended--
(A) by inserting `or facilities' after `ports' in the section heading;
(B) by inserting `or facility' after `port' each place it appears; and
(C) by striking `Ports' in the heading for subsection (e) and inserting `Ports, Facilities,'.
(2) The chapter analysis for chapter 701 of title 46,
United States Code, is amended by striking the item relating to section
70110 and inserting the following:
`70110. Actions and assistance for foreign ports or facilities and United States territories'.
SEC. 713. SEASONAL WORKERS.
(a) Study- The Comptroller General of the United States
shall conduct a study on the effects that the Transportation Worker
Identification Card (in this section referred to as `TWIC') required by
section 70105 of title 46, United States Code, has on companies that
employ seasonal employees.
(b) Report- Not later than one year after the date of
enactment of this Act, the Comptroller General shall submit a 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 results of
the study, including--
(1) costs associated in requiring seasonal employees to obtain TWIC cards on companies
(2) whether the Coast Guard and Transportation Security
Administration are processing TWIC applications quickly enough for
seasonal workers to obtain TWIC certification;
(3) whether TWIC compliance costs or other factors have led to a reduction in service;
(3) the impact of TWIC on the recruiting and hiring of seasonal and other temporary employees; and
(4) an assessment of possible alternatives to TWIC
certification that may be used for seasonal employees including any
security vulnerabilities created by those alternatives.
SEC. 714. COMPARATIVE RISK ASSESSMENT OF VESSEL-BASED AND FACILITY-BASED LIQUEFIED NATURAL GAS REGASIFICATION PROCESSES.
(a) In General- Within 90 days after the date of enactment
of this Act, the Secretary of Homeland Security, acting through the
Commandant of the Coast Guard, shall enter into an arrangement for the
performance of an independent study to conduct a comparative risk
assessment examining the relative safety and security risk associated
with vessel-based and facility-based liquefied natural gas
regasification processes conducted within 3 miles from land versus such
processes conducted more than 3 miles from land.
(b) Report- Not later than 1 year after the date of
enactment of this Act, the Secretary Homeland Security, acting through
the Commandant, shall provide a report on the findings and conclusions
of the study required by this section to the Committees on Homeland
Security, Transportation and Infrastructure, and Energy and Commerce of
the House of Representatives, and the Committees on Homeland Security
and Governmental Affairs and Commerce, Science, and Transportation of
the Senate.
SEC. 715. PILOT PROGRAM FOR FINGERPRINTING OF MARITIME WORKERS.
(a) In General- Within 180 days after the date of enactment
of this Act, the Secretary of Homeland Security shall establish
procedures providing for an individual who is required to be
fingerprinted for purposes of obtaining a transportation security card
under section 70105 of title 46, United States Code, to be
fingerprinted at any facility operated by or under contract with an
agency of the Department of Homeland Security that fingerprints the
public for the Department.
(b) Expiration- This section expires on December 31, 2012.
SEC. 716. TRANSPORTATION SECURITY CARDS ON VESSELS.
Section 70105(b)(2) of title 46, United States Code, is amended--
(1) in subparagraph (B), by inserting after `title' the
following: `allowed unescorted access to a secure area designated in a
vessel security plan approved under section 70103 of this title'; and
(2) in subparagraph (D), by inserting after `tank
vessel' the following: `allowed unescorted access to a secure area
designated in a vessel security plan approved under section 70103 of
this title'.
SEC. 717. INTERNATIONAL LABOR STUDY.
The Comptroller General of the United States shall conduct
a study of methods to conduct a background security investigation of an
individual who possesses a biometric identification card that complies
with International Labor Convention number 185 that are equivalent to
the investigation conducted on individuals applying for a visa to enter
the United States. The Comptroller General shall submit a report on the
study within 180 days after the date of enactment of this Act 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.
SEC. 718. MARITIME SECURITY ADVISORY COMMITTEES.
Section 70112 of title 46, United States Code, is amended--
(1) by amending subsection (b)(5) to read as follows:
`(5)(A) The National Maritime Security Advisory Committee shall be composed of--
`(i) at least 1 individual who represents the interests of the port authorities;
`(ii) at least 1 individual who represents the interests of the facilities owners or operators;
`(iii) at least 1 individual who represents the interests of the terminal owners or operators;
`(iv) at least 1 individual who represents the interests of the vessel owners or operators;
`(v) at least 1 individual who represents the interests of the maritime labor organizations;
`(vi) at least 1 individual who represents the interests of the academic community;
`(vii) at least 1 individual who represents the interests of State or local governments; and
`(viii) at least 1 individual who represents the interests of the maritime industry.
`(B) Each Area Maritime Security Advisory Committee
shall be composed of individuals who represents the interests of the
port industry, terminal operators, port labor organizations, and other
users of the port areas.'; and
(A) in paragraph (1)(A), by striking `2008;' and inserting `2010;';
(B) by repealing paragraph (2);
(C) by striking `(1)'; and
(D) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2).
SEC. 719. SEAMEN'S SHORESIDE ACCESS.
Each facility security plan approved under section 70103(c)
of title 46, United States Code, shall provide a system for seamen
assigned to a vessel at that facility, pilots, and representatives of
seamen's welfare and labor organizations to board and depart the vessel
through the facility in a timely manner at no cost to the individual.
SEC. 720. WATERSIDE SECURITY AROUND LIQUEFIED NATURAL GAS TERMINALS AND LIQUEFIED NATURAL GAS TANKERS.
(a) Enforcement of Security Zones- Consistent with other
provisions of law, any security zone established by the Coast Guard
around a tanker containing liquified natural gas shall be enforced by
the Coast Guard. If the Coast Guard must enforce multiple simultaneous
security zones, the Coast Guard shall allocate resources so as to deter
to the maximum extent practicable a transportation security incident
(as that term is defined in sectin 70101 of title 46, United States
Code).
(b) Limitation on Reliance on State and Local Government-
Any security arrangement approved as part of a facility security plan
approved after the date of enactment of this Act under section 70103 of
title 46, United States Code, for a liquefied natural gas terminal on
or adjacent to the navigable waters of the United States, or to assist
in the enforcement of any security zone established by the Coast Guard
around a tanker containing liquefied natural gas, may not be based upon
the provision of security by a State or local government unless the
State or local government has entered into a contract, cooperative
agreement, or other arrangement with the terminal operator to provide
such services and the Secretary of the department in which the Coast
Guard is operating, acting through the Commandant of the Coast Guard,
ensures that the waterborne patrols operated as part of that security
arrangement by a State or local government have the training,
resources, personnel, equipment, and experience necessary to deter to
the maximum extent practicable a transportation security incident (as
that term is defined in section 70101 of title 46, United States Code).
(c) Determination Required for New Lng Terminals- The
Secretary of the department in which the Coast Guard is operating,
acting through the Commandant of the Coast Guard, may not approve a
facility security plan under section 70103 of title 46, United States
Code, for a new liquefied natural gas terminal the construction of
which is begun after the date of enactment of this Act unless the
Secretary determines that the Coast Guard has available to the sector
in which the terminal is located the resources, including State and
local government resources available in accordance with subsection (b),
it needs to carry out the navigation and maritime security risk
management measures identified in the waterway suitability report
prepared pursuant to the Ports and Waterways Safety Act.
SEC. 721. REVIEW OF LIQUEFIED NATURAL GAS FACILITIES.
(a) Notice of Determination- Consistent with other
provisions of law, the Secretary of Homeland Security must notify the
Federal Energy Regulatory Commission when a determination is made that
the waterway to a proposed waterside liquefied natural gas facility is
suitable or unsuitable for the marine traffic associated with such
facility.
(b) Federal Energy Regulatory Commission Response- The
Federal Energy Regulatory Commission shall respond to the Secretary's
determination under subsection (a) by informing the Secretary within 90
days of notification or at the conclusion of any available appeal
process, whichever is later, of what action the Commission has taken,
pursuant to its authorities under the Natural Gas Act, regarding a
proposal to construct and operate a waterside liquefied natural gas
facility subject to a determination made under subsection (a).
SEC. 722. USE OF SECONDARY AUTHENTICATION FOR TRANSPORTATION SECURITY CARDS.
The Secretary of Homeland Security may use a secondary
authentication system for individuals applying for transportation
security cards when fingerprints are not able to be taken or read to
enhance transportation security.
SEC. 723. REPORT ON STATE AND LOCAL LAW ENFORCEMENT
AUGMENTATION OF COAST GUARD RESOURCES WITH RESPECT TO SECURITY ZONES
AND UNITED STATES PORTS.
Not later than 180 days after the date of enactment of this
Act, the Secretary of the department in which the Coast Guard is
operating shall submit to the Committees on Transportation and
Infrastructure and Homeland Security of the House of Representatives
and the Committees on Commerce, Science, and Transportation and
Homeland Security and Governmental Affairs of the Senate a report on
the extent to which State and local law enforcement entities are
augmenting Coast Guard resources by enforcing Coast Guard-imposed
security zones around vessels transiting to, through, or from United
States ports and conducting port security patrols. At a minimum, the
report shall specify--
(1) the number of ports in which State and local law
enforcement entities are providing any services to enforce Coast
Guard-imposed security zones around vessels transiting to, through, or
from United States ports or to conduct security patrols in United
States ports;
(2) the number of formal agreements entered into
between the Coast Guard and State and local law enforcement entities to
engage State and local law enforcement entities in the enforcement of
Coast Guard-imposed security zones around vessels transiting to,
through, or from United States ports or the conduct of port security
patrols in United States ports, the duration of those agreements, and
the aid that State and local entities are engaged to provided through
these agreements;
(3) the extent to which the Coast Guard has set
national standards for training, equipment, and resources to ensure
that State and local law enforcement entities engaged in enforcing
Coast Guard-imposed security zones around vessels transiting to,
through, or from United States ports or in conducting port security
patrols in United States ports (or both) can deter to the maximum
extent practicable a transportation security incident (as that term is
defined in section 70101 of title 46, United States Code);
(4) the extent to which the Coast Guard has assessed
the ability of State and local law enforcement entities to carry out
the security assignments which they have been engaged to perform,
including their ability to meet any national standards for training,
equipment, and resources that have been established by the Coast Guard
in order to ensure that these entities can deter to the maximum extent
practicable a transportation security incident (as that term is defined
in section 70101 of title 46, United States Code);
(5) the extent to which State and local law enforcement
entities are able to meet national standards for training, equipment,
and resources established by the Coast Guard to ensure that those
entities can deter to the maximum extent practicable a transportation
security incident (as that term is defined in section 70101 of title
46, United States Code);
(6) the differences in law enforcement authority, and
particularly boarding authority, between the Coast Guard and State and
local law enforcement entities, and the impact that these differences
have on the ability of State and local law enforcement entities to
provide the same level of security that the Coast Guard provides during
the enforcement of Coast Guard-imposed security zones and the conduct
of security patrols in United States ports; and
(7) the extent of resource, training, and equipment
differences between State and local law enforcement entities and the
Coast Guard units engaged in enforcing Coast Guard-imposed security
zones around vessels transiting to, through, or from United States
ports or conducting security patrols in United States ports.
SEC. 724. ASSESSMENT OF TRANSPORTATION SECURITY CARD ENROLLMENT SITES.
(a) In General- Not later than 30 days after the date of
the enactment of this Act, the Secretary of Homeland Security shall
prepare an assessment of the enrollment sites for transportation
security cards issued under section 70105 of title 46, United States
Code, including--
(1) the feasibility of keeping those enrollment sites
open 24 hours per day, and 7 days per week, in order to better handle
the large number of applications for such cards;
(2) the feasibility of keeping those enrollment sites open after September 25, 2008;
(3) the quality of customer service, including the
periods of time individuals are kept on hold on the telephone, whether
appointments are kept, and processing times for applications.
(b) Timelines and Benchmarks- The Secretary shall develop
timelines and benchmarks for implementing the findings of the
assessment as the Secretary deems necessary.
TITLE VIII--COAST GUARD INTEGRATED DEEPWATER PROGRAM
SEC. 801. SHORT TITLE.
This title may be cited as the `Integrated Deepwater Program Reform Act'.
SEC. 802. IMPLEMENTATION OF COAST GUARD INTEGRATED DEEPWATER ACQUISITION PROGRAM.
(a) Use of Private Sector Entity as a Lead Systems Integrator-
(1) IN GENERAL- Except as otherwise provided in this
subsection, the Secretary may not use a private sector entity as a lead
systems integrator for procurements under, or in support of, the
Deepwater Program beginning on the earlier of October 1, 2011, or the
date on which the Secretary certifies in writing 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 that the Coast Guard has
available and can retain sufficient contracting personnel and expertise
within the Coast Guard, through an arrangement with other Federal
agencies, or through contracts or other arrangements with private
sector entities, to perform the functions and responsibilities of the
lead system integrator in an efficient and cost-effective manner.
(2) COMPLETION OF EXISTING DELIVERY ORDERS AND TASK
ORDERS- The Secretary may use a private sector entity as a lead systems
integrator to complete any delivery order or task order under the
Deepwater Program that was issued to the lead systems integrator on or
before the date of enactment of this Act.
(3) ASSISTANCE OF OTHER FEDERAL AGENCIES- In any case
in which the Secretary is the systems integrator under the Deepwater
Program, the Secretary may obtain any type of assistance the Secretary
considers appropriate, with any systems integration functions, from any
Federal agency with experience in systems integration involving
maritime vessels and aircraft.
(4) ASSISTANCE OF PRIVATE SECTOR ENTITIES- In any case
in which the Secretary is the systems integrator under the Deepwater
Program, the Secretary may, subject to the availability of
appropriations, obtain by grant, contract, or cooperative agreement any
type of assistance the Secretary considers appropriate, with any
systems integration functions, from any private sector entity with
experience in systems integration involving maritime vessels and
aircraft.
(1) IN GENERAL- Except as otherwise provided in this
subsection, the Secretary shall use full and open competition for each
class of asset acquisitions under the Deepwater Program for which an
outside contractor is used, if the asset is procured directly by the
Coast Guard or by the Integrated Coast Guard System acting under a
contract with the Coast Guard.
(2) EXCEPTION- The Secretary may use a procurement
method that is less than full and open competition to procure an asset
under the Deepwater Program, if--
(A) the Secretary determines that such method is in the best interests of the Federal Government; and
(B) by not later than 30 days before the date of
the award of a contract for the procurement, the Secretary submits 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 a report explaining
why such procurement is in the best interests of the Federal Government.
(3) LIMITATION ON APPLICATION- Paragraph (1) shall not
apply to a contract, subcontract, or task order that was issued before
the date of enactment of this Act, if there is no change in the
quantity of assets or the specific type of assets procured.
(c) Required Contract Terms- The Secretary shall include in
each contract, subcontract, and task order issued under the Deepwater
Program after the date of enactment of this Act the following
provisions, as applicable:
(1) TECHNICAL REVIEWS- A requirement that the Secretary
shall conduct a technical review of all proposed designs, design
changes, and engineering changes, and a requirement that the contractor
must specifically address all engineering concerns identified in the
technical reviews, before any funds may be obligated.
(2) RESPONSIBILITY FOR TECHNICAL REQUIREMENTS- A
requirement that the Secretary shall maintain the authority to
establish, approve, and maintain technical requirements.
(3) COST ESTIMATE OF MAJOR CHANGES- A requirement that
an independent cost estimate must be prepared and approved by the
Secretary before the execution of any change order costing more than 5
percent of the unit cost approved in the Deepwater Program baseline in
effect as of May 2007.
(4) PERFORMANCE MEASUREMENT- A requirement that any
measurement of contractor and subcontractor performance must be based
on the status of all work performed, including the extent to which the
work performed met all cost, schedule, and mission performance
requirements outlined in the Deepwater Program contract.
(5) EARLY OPERATIONAL ASSESSMENT- For the acquisition
of any cutter class for which an Early Operational Assessment has not
been developed--
(A) a requirement that the Secretary of the
Department in which the Coast Guard is operating shall cause an Early
Operational Assessment to be conducted by the Department of the Navy
after the development of the preliminary design of the cutter and
before the conduct of the critical design review of the cutter; and
(B) a requirement that the Coast Guard shall
develop a plan to address the findings presented in the Early
Operational Assessment.
(6) TRANSIENT ELECTROMAGNETIC PULSE EMANATION- For the
acquisition or upgrade of air, surface, or shore assets for which
compliance with transient electromagnetic pulse emanation (TEMPEST) is
a requirement, a provision specifying that the standard for determining
such compliance shall be the air, surface, or shore asset standard then
used by the Department of the Navy.
(7) OFFSHORE PATROL CUTTER UNDERWAY REQUIREMENT- For
any contract issued to acquire an Offshore Patrol Cutter, provisions
specifying the service life, fatigue life, days underway in general
Atlantic and North Pacific Sea conditions, maximum range, and maximum
speed the cutter shall be built to achieve.
(8) INSPECTOR GENERAL ACCESS- A requirement that the
Department of Homeland Security's Office of the Inspector General shall
have access to all records maintained by all contractors working on the
Deepwater Program, and shall have the right to privately interview any
contractor personnel.
(d) Life Cycle Cost Estimate-
(1) IN GENERAL- The Secretary shall develop an authoritative life cycle cost estimate for the Deepwater Program.
(2) CONTENTS- The life cycle cost estimate shall
include asset acquisition and logistics support decisions and planned
operational tempo and locations as of the date of enactment of this Act.
(3) SUBMITTAL- The Secretary shall--
(A) submit the life cycle cost estimate 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 within 4 months
after the date of enactment of this Act; and
(B) submit updates of the life cycle cost estimate to such Committees annually.
(e) Contract Officers- The Secretary shall assign a
separate contract officer for each class of cutter and aircraft
acquired or rehabilitated under the Deepwater Program, including the
National Security Cutter, the Offshore Patrol Cutter, the Fast Response
Cutter A, the Fast Response Cutter B, maritime patrol aircraft, the
aircraft HC-130J, the helicopter HH-65, the helicopter HH-60, and the
vertical unmanned aerial vehicle.
(f) Technology Risk Report- The Secretary shall submit 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 a report
identifying the technology risks and level of maturity for major
technologies used on each class of asset acquisitions under the
Deepwater Program, including the Fast Response Cutter A (FRC-A), the
Fast Response Cutter B (FRC-B), the Offshore Patrol Cutter (OPC), and
the Vertical Unmanned Aerial Vehicle (VUAV), not later than 90 days
before the date of award of a contract for such an acquisition.
(g) Submission of Assessment Results and Plans to Congress-
The Commandant of the Coast Guard shall submit 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) the results of each Early Operational Assessment
conducted pursuant to subsection (c)(5)(A) and the plan approved by the
Commandant pursuant to subsection (c)(5)(B) for addressing the findings
of such assessment, within 30 days after the Commandant approves the
plan; and
(2) a report describing how the recommendations of each
Early Operational Assessment conducted pursuant to subsection (c)(5)(A)
on the first in class of a new cutter class have been addressed in the
design on which construction is to begin, within 30 days before
initiation of construction.
SEC. 803. CHIEF ACQUISITION OFFICER.
(a) In General- Chapter 3 of title 14, United States Code, is further amended by adding at the end the following:
`Sec. 56. Chief Acquisition Officer
`(a) Establishment of Agency Chief Acquisition Officer- The
Commandant shall appoint or designate a career reserved employee as
Chief Acquisition Officer for the Coast Guard, who shall--
`(1) have acquisition management as that official's primary duty; and
`(2) report directly to the Commandant to advise and
assist the Commandant to ensure that the mission of the Coast Guard is
achieved through the management of the Coast Guard's acquisition
activities.
`(b) Authority and Functions of the Chief Acquisition Officer- The functions of the Chief Acquisition Officer shall include--
`(1) monitoring the performance of acquisition
activities and acquisition programs of the Coast Guard, evaluating the
performance of those programs on the basis of applicable performance
measurements, and advising the Commandant regarding the appropriate
business strategy to achieve the mission of the Coast Guard;
`(2) increasing the use of full and open competition in
the acquisition of property and services by the Coast Guard by
establishing policies, procedures, and practices that ensure that the
Coast Guard receives a sufficient number of sealed bids or competitive
proposals from responsible sources to fulfill the Government's
requirements (including performance and delivery schedules) at the
lowest cost or best value considering the nature of the property or
service procured;
`(3) ensuring the use of detailed performance specifications in instances in which performance-based contracting is used;
`(4) making acquisition decisions consistent with all
applicable laws and establishing clear lines of authority,
accountability, and responsibility for acquisition decisionmaking
within the Coast Guard;
`(5) managing the direction of acquisition policy for
the Coast Guard, including implementation of the unique acquisition
policies, regulations, and standards of the Coast Guard;
`(6) developing and maintaining an acquisition career
management program in the Coast Guard to ensure that there is an
adequate professional workforce; and
`(7) as part of the strategic planning and performance
evaluation process required under section 306 of title 5 and sections
1105(a)(28), 1115, 1116, and 9703 of title 31--
`(A) assessing the requirements established for
Coast Guard personnel regarding knowledge and skill in acquisition
resources management and the adequacy of such requirements for
facilitating the achievement of the performance goals established for
acquisition management;
`(B) in order to rectify any deficiency in meeting
such requirements, developing strategies and specific plans for hiring,
training, and professional development; and
`(C) reporting to the Commandant on the progress made in improving acquisition management capability.'.
(b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following:
`56. Chief Acquisition Officer.'.
(c) Special Rate Supplements-
(1) REQUIREMENT TO ESTABLISH- Not later than 1 year
after the date of enactment of this Act and in accordance with part
9701.333 of title 5, Code of Federal Regulations, the Commandant of the
Coast Guard shall establish special rate supplements that provide
higher pay levels for employees necessary to carry out the amendment
made by this section.
(2) SUBJECT TO APPROPRIATIONS- The requirement under paragraph (1) is subject to the availability of appropriations.
SEC. 804. TESTING AND CERTIFICATION.
(a) In General- The Secretary shall--
(1) cause each cutter, other than a National Security
Cutter, acquired by the Coast Guard and delivered after the date of
enactment of this Act to be classed by the American Bureau of Shipping,
before acceptance of delivery;
(2) cause the design and construction of each National
Security Cutter, other than National Security Cutter 1 and 2, to be
certified by an independent third party with expertise in vessel design
and construction certification to be able to meet a 185-underway-day
requirement under general Atlantic and North Pacific sea conditions for
a period of at least 30 years;
(3) cause all electronics on all aircraft, surface, and
shore assets that require TEMPEST certification and that are delivered
after the date of enactment of this Act to be tested and certified in
accordance with TEMPEST standards and communications security (COMSEC)
standards by an independent third party that is authorized by the
Federal Government to perform such testing and certification; and
(4) cause all aircraft and aircraft engines acquired by
the Coast Guard and delivered after the date of enactment of this Act
to be certified for airworthiness by an independent third party with
expertise in aircraft and aircraft engine certification, before
acceptance of delivery.
(b) First in Class of a Major Asset Acquisition- The
Secretary shall cause the first in class of a major asset acquisition
of a cutter or an aircraft to be subjected to an assessment of
operational capability conducted by the Secretary of the Navy.
(c) Final Arbiter- The Secretary shall be the final arbiter
of all technical disputes regarding designs and acquisitions of vessels
and aircraft for the Coast Guard.
SEC. 805. NATIONAL SECURITY CUTTERS.
(a) National Security Cutters 1 and 2-
(1) REPORT ON OPTIONS UNDER CONSIDERATION- The
Secretary shall submit 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--
(A) within 120 days after the date of enactment of
this Act, a report describing in detail the cost increases that have
been experienced on National Security Cutters 1 and 2 since the date of
the issuance of the task orders for construction of those cutters and
explaining the causes of these cost increases; and
(B) within 180 days after the date of enactment of
this Act, a report on the options that the Coast Guard is considering
to strengthen the hulls of National Security Cutter 1 and National
Security Cutter 2, including--
(i) the costs of each of the options under consideration;
(ii) a schedule for when the hull strengthening repairs are anticipated to be performed; and
(iii) the impact that the weight likely to be
added to each the cutter by each option will have on the cutter's
ability to meet both the original performance requirements included in
the Deepwater Program contract and the performance requirements created
by contract Amendment Modification 00042 dated February 7, 2007.
(2) DESIGN ASSESSMENT- Not later than 30 days before
the Coast Guard signs any contract, delivery 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 identified in the
Department of Homeland Security Inspector General's report OIG-07-23
dated January 2007, the Secretary shall submit 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 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 strengthening measures to be
implemented on those cutters will enable the cutters to meet a
185-underway-day requirement under general Atlantic and North Pacific
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 contract, delivery order, or
task order authorizing construction of National Security Cutters 3
through 8, the Secretary shall submit 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 all results of an assessment
of the proposed designs to resolve the structural design, safety, and
performance issues identified by the Department of Homeland 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 requirement
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 enactment of this
Act, a justification for why 8 National Security Cutters are required
to meet the operational 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 required to establish home port operations for each National Security Cutter;
(D) the extent to which 8 National Security Cutters
deployed without vertical unmanned aerial vehicles (VUAV) will meet or
exceed the mission capability (including surveillance capacity) of the
12 Hamilton-class high endurance cutters that the National Security
Cutters will replace;
(E) the business case in support of constructing National Security Cutters 3 through 8, including a cost-benefit analysis; and
(F) an analysis of how many Offshore Patrol Cutters
would be required to provide the patrol coverage provided by a National
Security Cutter.
(2) Within 4 months after the date of enactment of this Act, a report on--
(A) the impact that deployment of a National
Security Cutter and other cutter assets without the vertical unmanned
aerial vehicle (VUAV) will have on the amount of patrol coverage 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 milestones 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 regarding the Deepwater
Program contract or an item to be procured under that contract,
including a detailed description of the issue and the rationale
underlying the decision taken by the flag officer to resolve the issue.
(4) Within 4 months after the date of enactment of this
Act, a report detailing the total number of change orders that have
been created by the 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 Deepwater Program schedule.
(5) Within 180 days after the date of enactment 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 contract to
acquire any vessel or aircraft, a report comparing 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 Executive 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 construction
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 response, and a
description of significant delays in the 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 management of acquisitions programs,
financial management (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 expertise 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.
(9) Within 4 months after the date of enactment of this
Act, a report on the development of a new acquisitions office within
the Coast Guard describing the specific staffing structure for that
directorate, including--
(A) identification of all managerial positions
proposed as part of the office, the functions that each managerial
position will fill, and the number of employees each manager will
supervise; 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 Request for
Proposals for construction of an Offshore Patrol Cutter, a report
detailing the service life, fatigue 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 minority-owned businesses.
(12) Within 120 days after the date of enactment of
this Act, a report on any Coast Guard mission performance gap due to
the removal of Deepwater Program assets from service. The report shall
include the following:
(A) A description of the mission performance 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 alternatives to
fill the mission performance gap, including any acquisition or lease
considered and the reasons they were not pursued.
(b) Report Required on Acceptance of Delivery of Incomplete Asset-
(1) IN GENERAL- If the Secretary accepts delivery 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 functional for the
mission for which it was intended, the Secretary shall submit 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 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;
(B) identify milestones for the completion of required certifications and to make all systems 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 COMMAND TO
ASSIST THE COAST GUARD IN EXERCISING 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
procures 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 Commands to assist the Coast Guard with the oversight of Coast
Guard major acquisition programs. Such memorandum 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 Acquisition Officer shall adopt,
to the extent practicable, procedures that are similar to those used by
the Navy Senior Acquisition Official to ensure the Coast Guard
Technical Authorities, or designated Technical Warrant Holders, approve
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 assistance will be requested from the Navy
Systems Commands and provided to the Coast Guard.
(e) Report- Not later than 120 days after the date of
enactment of this Act and every twelve months thereafter, 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 understanding or memorandum of agreement.
SEC. 808. DEFINITIONS.
(1) DEEPWATER PROGRAM- The term `Deepwater 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 procurement 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.
TITLE IX--MINORITY SERVING INSTITUTIONS
SEC. 901. MSI MANAGEMENT INTERNSHIP PROGRAM.
(a) Establishment and Purpose- The Commandant of the Coast
Guard shall establish a two part management internship program for
students at minority serving institutions (MSI) to intern at Coast
Guard headquarters or a Coast Guard regional office, to be known as the
`MSI Management Internship Program', to develop a cadre of civilian,
career mid-level and senior managers 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
Association 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 institutions, with an emphasis on such
students who are majoring in management or business administration,
international affairs, political science, marine sciences, criminal
justice, or any other major related to homeland security.
(d) Authorization of Appropriations- There are authorized
to be appropriated $2,000,000 to the Commandant to carry out this
section.
SEC. 902. MSI INITIATIVES.
(a) Establishment of MSI Student Pre-Commissioning
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 ensure that graduates of the MSI
Student Pre-Commissioning Initiative Program are included in the first
enrollment 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 conclusion 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
Commandant shall submit to the Committee on Transportation and
Infrastructure and the Committee on Homeland Security 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
Initiative and the number of students in the MSI Student
Pre-Commissioning Initiative Program, outreach efforts, and demographic
information of enrollees including, age, gender, race, and disability.
(d) Establishment of MSI Aviation Officer Corps Initiative-
The Commandant of the Coast Guard shall establish an MSI Aviation
Officer Corps Initiative to increase the diversity of the Coast Guard
Aviation Officer Corps through an integrated recruiting, accession,
training, and assignment process that offers guaranteed flight school
opportunities to students from minority serving institutions.
(e) Authorization of Appropriations- There are authorized
to be appropriated $3,000,000 to the Commandant 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 areas for the Coast Guard, such as global maritime
surveillance, resilience, and recovery.
(b) Collaboration- The Commandant shall encourage
collaboration among the minority serving institutions 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 businesses, to--
(1) develop increased research and development capacity;
(2) increase the number of baccalaureate and graduate
degree holders in science, technology, engineering, mathematics (STEM),
and information technology or other fields critical to the mission of
the Coast Guard; and
(3) strengthen instructional ability among faculty.
(d) Authorization of Appropriations- There are authorized
to be appropriated $2,500,000 to the Commandant to carry out this
section, including for instrumentation acquisition and funding
undergraduate student scholarships, graduate fellowships, and
faculty-post doctoral study.
SEC. 904. DEFINITION.
For purposes of this title, the terms `minority serving
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 section 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 NATIONAL TRANSPORTATION SAFETY BOARD
SEC. 1001. RIGHTS OF APPEAL REGARDING LICENSES, CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS' DOCUMENTS.
(a) Denial of Issuance or Renewal-
(1) LICENSES AND CERTIFICATES OF REGISTRY- Section 7101
of title 46, United States Code, is amended by adding at the end the
following new subsection:
`(j) Appeals to the National Transportation Safety Board-
`(1) IN GENERAL- An individual whose application for
the issuance or renewal of a license or certificate of registry has
been denied under this chapter 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 denial; or
`(B) was revoked within the one-year period 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
regulations 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
individual meets the requirements for issuance or renewal of the
license or certificate of registry under applicable regulations and
standards. The Secretary is bound by the Board's decision.'.
(2) MERCHANT MARINERS' DOCUMENTS- Section 7302 of title
46, United States Code, is amended by adding at the end the following
new subsection:
`(h) Appeals to the National Transportation Safety Board-
`(1) IN GENERAL- An individual whose application 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 denial; or
`(B) was revoked within the one-year period 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
regulations 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
individual meets the requirements for issuance or renewal 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--
(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 sections:
`Sec. 7707. Appeals to the National Transportation Safety Board
`(a) In General- An individual whose license, certificate
of registry, or merchant mariners' document has been suspended or
revoked under this chapter by the Secretary may appeal that decision
within 30 days to the National Transportation Safety Board. The Board
shall affirm 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 findings of fact of the
Secretary but is bound by all validly adopted interpretations of laws
and regulations the Secretary carries out and of written agency policy
guidance available to the public related to sanctions to be imposed
under this section, unless the Board finds an interpretation is
arbitrary, capricious, or otherwise not according to law.
`(b) Effectiveness of Order Pending Appeal-
`(1) IN GENERAL- Except as provided in paragraph (2),
upon the filing by an individual of an appeal with the Board under this
subsection, the order of the Secretary suspending or revoking the
license, certificate of registry, or merchant mariners' document is
stayed.
`(2) EXCEPTION- If the Secretary notifies the Board
that the Secretary has determined there exists an emergency affecting
safety in maritime transportation requires the immediate effectiveness
of the order--
`(A) the order shall remain in effect pending disposition of the appeal;
`(B) the Board shall make a final disposition 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.
`(c) Review of Emergency Order- A person affected 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 substantially
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 judicial review proceedings. In those proceedings, findings of fact
of the Board are conclusive if supported by substantial evidence.
`Sec. 7708. Limitations on the Coast Guard's conduct of administrative proceedings
`The Coast Guard shall not conduct any administrative
proceeding under section 7101, 7302, 7503, chapter 77, or section 9303
of this title under any contractual relationship or interagency
agreement with the National Transportation Safety Board after October
1, 2009.'; and
(3) in the analysis at the beginning of the chapter 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 proceedings.'.
(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 striking paragraph (3) and
inserting the following:
`(3) the denial, amendment, modification, suspension,
or revocation of a license, certificate, document, or register in a
proceeding under section 7101, 7302, 7503, or 9303, or chapter 77, of
title 46; and'.
(1) IN GENERAL- Section 1153 of title 49, United States Code, is amended--
(A) in the heading for subsection (b) by inserting `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
respect to a maritime matter, the Secretary may obtain judicial 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 NATIONAL TRANSPORTATION SAFETY BOARD.
(a) Administration of Pending Docket-
(1) TRANSFER OF PENDING CASES- On October 1, 2008, any
pending cases remaining undecided by the Coast Guard Office of
Administrative Law Judges shall be transferred to the National
Transportation Safety Board for adjudication. Such cases shall be
sequenced into the docket of the National Transportation Safety Board
Office of Administrative 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 sufficient 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 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 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.
(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 Transportation Safety
Board may establish within the National Transportation Safety Board
Office of Administrative Law Judges a maritime enforcement appeals
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 position established by the National
Transportation Safety Board to address the cases and responsibilities
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--
(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 Federal
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 Transportation 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 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 interim final rule issued under this section.
SEC. 1005. ADMINISTRATIVE LAW JUDGE RECRUITING PROGRAM.
(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 Administrative Law Judge
program. This program shall include--
(1) improved outreach efforts to include organizations
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 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:
`Sec. 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 maritime 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.'.
(b) Clerical Amendment- The analysis at the beginning of such chapter is amended by adding at the end the following new item:
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:
`Sec. 57. Marine safety staff
`(a) Assistant Commandant for Marine Safety- (1) There
shall be in the Coast Guard an Assistant Commandant for Marine Safety
who shall be a Rear Admiral 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 section 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.
`(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 vessels, conduct marine casualty
investigations, or perform 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 Commandant for
Marine Safety and the Chiefs of Marine Safety of sectors, and all
marine safety inspectors, investigators, 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 commercial vessels; and
`(ii) judging the character, strength, stability, and safety qualities of such vessels and their equipment; and
`(B) knowledge about the qualifications and training of vessel personnel.
`(2) Marine inspectors shall have the training, experience,
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 documentation equivalent to that
required for a marine casualty investigator of the National
Transportation Safety Board.
`(4) The Chief of Marine Safety of a sector shall be a
qualified marine casualty investigator and marine inspector 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 qualification for the
type they are signing.
`(6) The Assistant Commandant for Marine Safety shall be a
qualified marine casualty investigator and a marine inspector qualified
for types of vessels, vessel systems, and equipment.
`Sec. 58. Limited duty officers
`(a) Establishment- The Commandant shall establish 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 commander and chief warrant
officers who have more than four years of marine safety experience may
serve as limited duty officers under such program.
`(2) The Commandant may establish other limitations on
eligibility that the Commandant believes are necessary 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 procedures
promulgated under paragraph (3)(A) encourage a specialization in marine
safety and do not, in any way, 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 recruitment of 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 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 Commerce, 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 officers. The report shall include information on
the number of graduates recruited, the lengths of service, the
retention rates, and other activities undertaken by the Coast Guard to
sustain or increase the numbers of recruits and officers.
`Sec. 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 marine safety; and
`(3) perform any other missions as the Commandant may specify.
`(c) Joint Operation With Educational Institution
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.
`(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 Center. Those donations may be accepted from any
State or local government, any foreign government, any foundation or
other charitable organization (including any that is organized 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 department
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
responsibility 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 program.
`(3) The Commandant shall prescribe written guidance
setting forth the criteria to be used in determining whether or not the
acceptance of a donation from a foreign source would have a result
described in paragraph (2).
`Sec. 60. Marine industry training program.
`(a) In General- The Commandant shall, by policy, establish
a program under which an officer, member, or employee of the Coast
Guard may be assigned to a private 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 sections 3702 through 3704 of
title 5, as to matters concerning--
`(A) the duration and termination of assignments;
`(C) status, entitlements, benefits, and obligations of program participants; and
`(2) shall require the Commandant, before approving 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 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 submit to the Committee on
Transportation and Infrastructure 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 employees of the Coast Guard assigned to private entities 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 section 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.'.
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 following new section:
`Sec. 2117. Marine Safety Strategy, goals, and performance assessments
`(a) Long-Term Strategy and Goals- In conjunction 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
following goals:
`(1) Reducing the number and rates of marine casualties.
`(2) Improving the consistency and effectiveness of vessel and operator enforcement and compliance programs.
`(3) Identifying and targeting enforcement efforts 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-
`(1) MEASURABLE GOALS- The strategy and annual plans
shall include specific numeric or measurable 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 examinations on all high-risk vessels.
`(B) To eliminate the backlog of marine safety-related rulemakings.
`(C) To improve the quality and effectiveness of
marine safety information databases by ensuring that all Coast Guard
personnel accurately and effectively report all safety, casualty, and
injury information.
`(D) To provide for a sufficient number of Coast
Guard marine safety personnel, and provide adequate facilities and
equipment to carry out the powers and duties delegated and imposed by
the Secretary under section 631(b).
`(2) RESOURCE NEEDS- The strategy and annual plans shall include estimates of--
`(A) the funds and staff resources needed to accomplish each activity included in the strategy and plans; and
`(B) the staff skills and training needed for timely and effective accomplishment of each goal.
`(c) Submission With the President's Budget- 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
President's budget submission under section 1105 of title 31.
`(d) Achievement of Goals-
`(1) PROGRESS ASSESSMENT- No less frequently than
semiannually, the Coast Guard Commandant and the Assistant Commandant
for Marine Safety shall jointly assess the progress of the Coast Guard
toward achieving the goals set forth in subsection (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 remedied before the next progress
assessment.
`(2) REPORT TO CONGRESS- The Secretary shall report
annually to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate--
`(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 report;
`(B) on the program's mission performance 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 subsection:
`(b) The Assistant Commandant for Marine Safety shall serve as the principle advisor to the Commandant regarding--
`(1) the operation, regulation, inspection,
identification, manning, and measurement of vessels, including plan
approval and the application of load lines;
`(2) approval of materials, equipment, appliances, 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, citizenship 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 regulation for regattas and marine parades;
`(15) aids to navigation; and
`(16) other duties and powers of the Secretary related to marine safety and stewardship.
`(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 sections 191 through 195 of
title 50 on the date of enactment 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:
`Sec. 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 inspection 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
circumstances 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, 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 following 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 following new section:
`Sec. 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
understanding 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 following new item:
`199. Marine safety curriculum.'.
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:
`Sec. 337. Geographic stability
`The Commandant shall establish procedures that provide
geographic stability to interested Coast Guard officers, 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 following 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 following new section:
`Sec. 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 unsupervised inspections of vessels under part B of subtitle
II of title 46. The Commandant may authorize shorter apprentice periods
for certain qualifications, as appropriate.'.
(b) Clerical Amendment- The analysis for such chapter is further amended by adding at the end the following new item:
`338. Apprentice program.'.
SEC. 1109. REPORT REGARDING CIVILIAN MARINE INSPECTORS.
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 Infrastructure of the House of Representatives and
the Committee 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.
TITLE XII--ADDITIONAL MISCELLANEOUS PROVISIONS
SEC. 1201. MISSION REQUIREMENT ANALYSIS FOR NAVIGABLE PORTIONS OF THE RIO GRANDE RIVER, TEXAS, INTERNATIONAL WATER BOUNDARY.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of the department in which the Coast Guard is
operating shall prepare a mission requirement analysis for the
navigable portions of the Rio Grande River, Texas, international water
boundary. The analysis shall take into account the Coast Guard's
involvement 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 rescue operations, migrant interdiction operations,
and drug interdiction operations.
SEC. 1202. OPERATION OF SUBMERSIBLE OR SEMI-SUBMERSIBLE VESSEL WITHOUT NATIONALITY.
(a) In General- Chapter 111 of title 18, United States Code, is amended by adding at the end the following new section:
`Sec. 2285. Operation of submersible or semi-submersible vessel without nationality
`(a) Findings and Declarations- Congress finds and declares
that operating or embarking in a submersible 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.
`(1) IN GENERAL- Whoever knowingly or intentionally
operates by any means or embarks in any submersible or semi-submersible
vessel that is without nationality and that is navigating or has
navigated 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--
`(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 described 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 registry by the master or individual in charge of the vessel.
`(2) The failure of any submersible or semi-submersible
vessel to display registry numbers or a national ensign or flag shall
create a rebuttable presumption 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- Sections 70504 and 70505 of title 46 apply to this section.
`(1) VIOLATIONS- A person violating this section shall be fined under this title, imprisoned not more than 20 years, or both.
`(2) CONSECUTIVE SENTENCE- Notwithstanding any other
provision of law, a term of imprisonment imposed under this section
shall be consecutive to the sentence of imprisonment for any other
offense.'.
(b) Conforming Amendment- The table of sections 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 nationality.'.
SEC. 1203. LEGAL AUTHORITY OF THE COAST GUARD TO CARRY OUT ITS HOMELAND SECURITY MISSIONS 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 homeland security missions including--
(1) protecting ports, waterways, coastal security, 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 transportation system;
(3) preventing human smuggling operations at ports, waterways, and throughout the marine transportation system;
(4) maintaining defense readiness to rapidly deploy
defensive port operations and security operations 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
transportation system;
(6) preventing Osama Bin Laden, al Qaeda, or any other
terrorist or terrorist organization from attacking the United States or
any United States person;
(7) protecting the United States or any United States
person from threats posed by weapons of mass destruction or other
threats to national security.
DIVISION B--ALIEN SMUGGLING AND TERRORISM PREVENTION ACT OF 2008
SEC. 101. SHORT TITLE.
This division may be cited as the `Alien Smuggling and Terrorism Prevention Act of 2008'.
SEC. 102. FINDINGS.
(1) Alien smuggling by land, air and sea is a
transnational crime that violates the integrity of United States
borders, compromises our Nation's sovereignty, places the country at
risk of terrorist activity, and contravenes the rule of law.
(2) Aggressive enforcement activity against alien
smuggling is needed to protect our borders and ensure the security of
our Nation. The border security and anti-smuggling efforts of the men
and women on the Nation's front line of defense are to be commended.
Special recognition is due the Department of Homeland Security through
the United States Border Patrol, United States Coast Guard, Customs and
Border Protection, and Immigration and Customs Enforcement, and the
Department of Justice through the Federal Bureau of Investigation.
(3) The law enforcement community must be given the
statutory tools necessary to address this security threat. Only through
effective alien smuggling statutes can the Justice Department, through
the United States Attorneys' Offices and the Domestic Security Section
of the Criminal Division, prosecute these cases successfully.
(4) Alien smuggling has a destabilizing effect on
border communities. State and local law enforcement, medical personnel,
social service providers, and the faith community play important roles
in combating smuggling and responding to its effects.
(5) Existing penalties for alien smuggling are insufficient to provide appropriate punishment for alien smugglers.
(6) Existing alien smuggling laws often fail to reach
the conduct of alien smugglers, transporters, recruiters, guides, and
boat captains.
(7) Existing laws concerning failure to heave to are
insufficient to appropriately punish boat operators and crew who engage
in the reckless transportation of aliens on the high seas and seek to
evade capture.
(8) Much of the conduct in alien smuggling rings occurs
outside of the United States. Extraterritorial jurisdiction is needed
to ensure that smuggling rings can be brought to justice for
recruiting, sending, and facilitating the movement of those who seek to
enter the United States without lawful authority.
(9) Alien smuggling can include unsafe or recklessly
dangerous conditions that expose individuals to particularly high risk
of injury or death.
SEC. 103. CHECKS AGAINST TERRORIST WATCHLIST.
The Department of Homeland Security shall, to the extent
practicable, check against all available terrorist watchlists those
alien smugglers and smuggled individuals who are interdicted at the
land, air, and sea borders of the United States.
SEC. 104. STRENGTHENING PROSECUTION AND PUNISHMENT OF ALIEN SMUGGLERS.
Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 1324(a)) is amended--
(1) by amending the subsection heading to read as follows: `Smuggling of Unlawful and Terrorist Aliens- ';
(2) by redesignating clause (iv) of paragraph (1)(B) as clause (vii);
(3) in paragraph (1), by striking `(1)(A)' and all that
follows through clause (iii) of subparagraph (B) and inserting the
following:
`(1)(A) Whoever, knowing or in reckless disregard of the
fact that an individual is an alien who lacks lawful authority to come
to, enter, or reside in the United States, knowingly--
`(i) brings that individual to the United States in any
manner whatsover regardless of any future official action which may be
taken with respect to such alien;
`(ii) recruits, encourages, or induces that individual to come to, enter, or reside in the United States;
`(iii) transports or moves that individual in the United States, in furtherance of their unlawful presence; or
`(iv) harbors, conceals, or shields from detection the
individual in any place in the United States, including any building or
any means of transportation;
or attempts or conspires to do so, shall be punished as provided in subparagraph (C).
`(B) Whoever, knowing that an individual is an alien,
brings that individual to the United States in any manner whatsoever at
a place other than a designated port of entry or place other than as
designated by the Secretary of Homeland Security, regardless of whether
such alien has received prior official authorization to come to, enter,
or reside in the United States and regardless of any future official
action which may be taken with respect to such alien, or attempts or
conspires to do so, shall be punished as provided in subparagraph (C).
`(C) A violator of this paragraph shall, for each alien in respect to whom such a violation occurs--
`(i) unless the offense is otherwise described in
another clause of this subparagraph, be fined under title 18, United
States Code or imprisoned not more than 5 years, or both;
`(ii) if the offense involved the transit of the
defendant's spouse, child, sibling, parent, grandparent, or niece or
nephew, and the offense is not described in any of clauses (iii)
through (vii), be fined under title 18, United States Code or
imprisoned not more than 1 year, or both;
`(iii) if the offense is a violation of paragraphs
(1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and was committed for
the purpose of profit, commercial advantage, or private financial gain,
be fined under title 18, United States Code or imprisoned not more than
10 years, or both;
`(iv) if the offense is a violation of paragraph
(1)(A)(i) and was committed for the purpose of profit, commercial
advantage, or private financial gain, or if the offense was committed
with the intent or reason to believe that the individual unlawfully
brought into the United States will commit an offense against the
United States or any State that is punishable by imprisonment for more
than 1 year, be fined under title 18, United States Code, and
imprisoned, in the case of a first or second violation, not less than 3
nor more than 10 years, and for any other violation, not less than 5
nor more than 15 years; and
`(v) if the offense results in serious bodily injury
(as defined in section 1365 of title 18, United States Code) or places
in jeopardy the life of any person, be fined under title 18, United
States Code or imprisoned not more than 20 years, or both;
`(vi) if the offense involved an individual who the
defendant knew was engaged in or intended to engage in terrorist
activity (as defined in section 212(a)(3)(B)), be fined under title 18,
United States Code or imprisoned not more than 30 years, or both; and';
(4) in the clause (vii) so redesignated by paragraph
(2) of this subsection (which now becomes clause (vii) of the new
subparagraph (C))--
(A) by striking `in the case' and all that follows through `(v) resulting' and inserting `if the offense results'; and
(B) by inserting `and if the offense involves
kidnaping, an attempt to kidnap, the conduct required for aggravated
sexual abuse (as defined in section 2241 without regard to where it
takes place), or an attempt to commit such abuse, or an attempt to
kill, be fined under such title or imprisoned for any term of years or
life, or both' after `or both'; and
(5) by striking existing subparagraph (C) of paragraph
(1) (without affecting the new subparagraph (C) added by the amendments
made by this Act) and all that follows through paragraph (2) and
inserting the following:
`(2)(A) There is extraterritorial jurisdiction over the offenses described in paragraph (1).
`(B) In a prosecution for a violation of, or an attempt or
conspiracy to violate subsection (a)(1)(A)(i), (a)(1)(A)(ii), or
(a)(1)(B), that occurs on the high seas, no defense based on necessity
can be raised unless the defendant--
`(i) as soon as practicable, reported to the Coast
Guard the circumstances of the necessity, and if a rescue is claimed,
the name, description, registry number, and location of the vessel
engaging in the rescue; and
`(ii) did not bring, attempt to bring, or in any manner
intentionally facilitate the entry of any alien into the land territory
of the United States without lawful authority, unless exigent
circumstances existed that placed the life of that alien in danger, in
which case the reporting requirement set forth in clause (i) of this
subparagraph is satisfied by notifying the Coast Guard as soon as
practicable after delivering the alien to emergency medical or law
enforcement personnel ashore.
`(C) It is a defense to a violation of, or an attempt or
conspiracy to violate, clause (iii) or (iv) of subsection (a)(1)(A) for
a religious denomination having a bona fide nonprofit, religious
organization in the United States, or the agents or officer of such
denomination or organization, to encourage, invite, call, allow, or
enable an alien who is present in the United States to perform the
vocation of a minister or missionary for the denomination or
organization in the United States as a volunteer who is not compensated
as an employee, notwithstanding the provision of room, board, travel,
medical assistance, and other basic living expenses, provided the
minister or missionary has been a member of the denomination for at
least one year.
`(D) For purposes of this paragraph and paragraph (1)--
`(i) the term `United States' means the several States,
the District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, the Commonwealth of
the Northern Mariana Islands, and any other territory or possession of
the United States; and
`(ii) the term `lawful authority' means permission,
authorization, or waiver that is expressly provided for in the
immigration laws of the United States or the regulations prescribed
under those laws and does not include any such authority secured by
fraud or otherwise obtained in violation of law or authority that has
been sought but not approved.'.
SEC. 105. MARITIME LAW ENFORCEMENT.
(a) Penalties- Subsection (b) of section 2237 of title 18, United States Code, is amended to read as follows:
`(b)(1) Whoever intentionally violates this section shall,
unless the offense is described in paragraph (2), be fined under this
title or imprisoned for not more than 5 years, or both.
`(A) is committed in the course of a violation of
section 274 of the Immigration and Nationality Act (alien smuggling);
chapter 77 (peonage, slavery, and trafficking in persons), section 111
(shipping), 111A (interference with vessels), 113 (stolen property), or
117 (transportation for illegal sexual activity) of this title; chapter
705 (maritime drug law enforcement) of title 46, or title II of the Act
of June 15, 1917 (Chapter 30; 40 Stat. 220), the offender shall be
fined under this title or imprisoned for not more than 10 years, or
both;
`(B) results in serious bodily injury (as defined in
section 1365 of this title) or transportation under inhumane
conditions, the offender shall be fined under this title, imprisoned
not more than 15 years, or both; or
`(C) results in death or involves kidnaping, an attempt
to kidnap, the conduct required for aggravated sexual abuse (as defined
in section 2241 without regard to where it takes place), or an attempt
to commit such abuse, or an attempt to kill, be fined under such title
or imprisoned for any term of years or life, or both.'.
(b) Limitation on Necessity Defense- Section 2237(c) of title 18, United States Code, is amended--
(1) by inserting `(1)' after `(c)';
(2) by adding at the end the following:
`(2) In a prosecution for a violation of this section, no defense based on necessity can be raised unless the defendant--
`(A) as soon as practicable upon reaching shore,
delivered the person with respect to which the necessity arose to
emergency medical or law enforcement personnel;
`(B) as soon as practicable, reported to the Coast
Guard the circumstances of the necessity resulting giving rise to the
defense; and
`(C) did not bring, attempt to bring, or in any manner
intentionally facilitate the entry of any alien, as that term is
defined in section 101(a)(3) of the Immigration and Nationality Act (8
U.S.C. 1101 (a)(3)), into the land territory of the United States
without lawful authority, unless exigent circumstances existed that
placed the life of that alien in danger, in which case the reporting
requirement of subparagraph (B) is satisfied by notifying the Coast
Guard as soon as practicable after delivering that person to emergency
medical or law enforcement personnel ashore.'.
(c) Definition- Section 2237(e) of title 18, United States Code, is amended--
(1) by striking `and' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and inserting `; and'; and
(3) by adding at the end the following:
`(5) the term `transportation under inhumane
conditions' means the transportation of persons in an engine
compartment, storage compartment, or other confined space,
transportation at an excessive speed, transportation of a number of
persons in excess of the rated capacity of the means of transportation,
or intentionally grounding a vessel in which persons are being
transported.'.
SEC. 106. AMENDMENT TO THE SENTENCING GUIDELINES.
(a) In General- Pursuant to its authority under section 994
of title 28, United States Code, and in accordance with this section,
the United States Sentencing Commission shall review and, if
appropriate, amend the sentencing guidelines and policy statements
applicable to persons convicted of alien smuggling offenses and
criminal failure to heave to or obstruction of boarding.
(b) Considerations- In carrying out this subsection, the Sentencing Commission, shall--
(1) consider providing sentencing enhancements or
stiffening existing enhancements for those convicted of offenses
described in paragraph (1) of this subsection that--
(A) involve a pattern of continued and flagrant violations;
(B) are part of an ongoing commercial organization or enterprise;
(C) involve aliens who were transported in groups of 10 or more;
(D) involve the transportation or abandonment of aliens in a manner that endangered their lives; or
(E) involve the facilitation of terrorist activity; and
(2) consider cross-references to the guidelines for Criminal Sexual Abuse and Attempted Murder.
(c) Expedited Procedures- The Commission may promulgate the
guidelines or amendments under this subsection in accordance with the
procedures set forth in section 21(a) of the Sentencing Act of 1987, as
though the authority under that Act had not expired.
Passed the House of Representatives April 24, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.
Calendar No. 721
110th CONGRESS
2d Session
H. R. 2830
AN ACT
To authorize appropriations for the Coast Guard for fiscal year
2008, to amend the Immigration and Nationality Act and title 18, United
States Code, to combat the crime of alien smuggling and related
activities, and for other purposes.
April 28, 2008
Received; read twice and placed on the calendar
END
