[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2830 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
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.

    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. 100. Short title.
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Transfer of bridge administration program authority and 
                            functions.
                         TITLE II--COAST GUARD

Sec. 201. Appointment of civilian Coast Guard judges.
Sec. 202. Industrial activities.
Sec. 203. Reimbursement for medical-related travel expenses.
Sec. 204. Commissioned officers.
Sec. 205. Coast Guard participation in the Armed Forces Retirement Home 
                            (AFRH) system.
Sec. 206. Grants to international maritime organizations.
Sec. 207. Emergency leave retention authority.
Sec. 208. Enforcement authority.
Sec. 209. Repeal.
Sec. 210. Admirals and Vice Admirals.
Sec. 211. Merchant Mariner Medical Advisory Committee.
Sec. 212. Reserve commissioned warrant officer to lieutenant program.
Sec. 213. Enhanced status quo officer promotion system.
Sec. 214. Laser Training System.
Sec. 215. Coast Guard vessels and aircraft.
Sec. 216. Coast Guard District Ombudsmen.
Sec. 217. Ensuring contracting with small business concerns and 
                            disadvantaged business concerns.
Sec. 218. Assistant Commandant for Port and Waterway Security.
Sec. 219. Small business procurements.
Sec. 220. Enforcement of coastwise trade laws.
Sec. 221. Nomination and appointment of cadets at the Coast Guard 
                            Academy.
Sec. 222. Policy on sexual harassment and sexual violence at the Coast 
                            Guard Academy.
Sec. 223. Home port of Coast Guard vessels in Guam.
                   TITLE III--SHIPPING AND NAVIGATION

Sec. 301. Vessel size limits.
Sec. 302. Goods and services.
Sec. 303. Seaward extension of anchorage grounds jurisdiction.
Sec. 304. Maritime Drug Law Enforcement Act amendment-simple 
                            possession.
Sec. 305. Technical amendments to tonnage measurement law.
Sec. 306. Cold weather survival training.
Sec. 307. Fishing vessel safety.
Sec. 308. Mariner records.
Sec. 309. Deletion of exemption of license requirement for operators of 
                            certain towing vessels.
Sec. 310. Adjustment of liability limits for natural gas deepwater 
                            ports.
Sec. 311. Period of limitations for claims against Oil Spill Liability 
                            Trust Fund.
Sec. 312. Log books.
Sec. 313. Unsafe operation.
Sec. 314. Approval of survival craft.
Sec. 315. Safety management.
Sec. 316. Protection against discrimination.
Sec. 317. Dry bulk cargo residue.
Sec. 318. Oil fuel tank protection.
Sec. 319. Registry endorsement for LNG vessels.
Sec. 320. Oaths.
Sec. 321. Duration of credentials.
Sec. 322. Fingerprinting.
Sec. 323. Authorization to extend the duration of licenses, 
                            certificates of 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. 402. Waiver.
Sec. 403. Great Lakes Maritime Research Institute.
Sec. 404. Conveyance.
Sec. 405. Crew wages on passenger vessels.
Sec. 406. Technical corrections.
Sec. 407. Conveyance of decommissioned Coast Guard Cutter STORIS.
Sec. 408. Repeal of requirement of license for employment in the 
                            business of salvaging on the coast of 
                            Florida.
Sec. 409. Right-of-first-refusal for Coast Guard property on Jupiter 
                            Island, Florida.
Sec. 410. Conveyance of Coast Guard HU-25 Falcon Jet aircraft.
Sec. 411. Decommissioned Coast Guard vessels for Haiti.
Sec. 412. Extension of period of operation of vessel for setting, 
                            relocation, or recovery of anchors or other 
                            mooring equipment.
Sec. 413. Vessel traffic risk assessments.
Sec. 414. Vessel MARYLAND INDEPENDENCE.
Sec. 415. Study of relocation of Coast Guard Sector Buffalo facilities.
Sec. 416. Conveyance of Coast Guard vessel to Coahoma County, 
                            Mississippi.
Sec. 417. Conveyance of Coast Guard vessel to Warren County, 
                            Mississippi.
Sec. 418. Conveyance of Coast Guard vessel to Washington County, 
                            Mississippi.
Sec. 419. Coast Guard assets for United States Virgin Islands.
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. 501. Short title.
Sec. 502. Declaration of goals and purposes.
Sec. 503. Ballast water management.
Sec. 504. National ballast water management information.
Sec. 505. Ballast water management evaluation and demonstration 
                            program.
Sec. 506. Rapid response plan.
Sec. 507. Authorization of appropriations.
                TITLE VI--MARITIME POLLUTION PREVENTION

Sec. 601. Short title.
Sec. 602. References.
Sec. 603. Definitions.
Sec. 604. Applicability.
Sec. 605. Administration and enforcement.
Sec. 606. Certificates.
Sec. 607. Reception facilities.
Sec. 608. Inspections.
Sec. 609. Amendments to the protocol.
Sec. 610. Penalties.
Sec. 611. Effect on other laws.
                        TITLE VII--PORT SECURITY

Sec. 701. Maritime homeland security public awareness program.
Sec. 702. Transportation Worker Identification Credential.
Sec. 703. Study to identify redundant background records checks.
Sec. 704. Review of interagency operational centers.
Sec. 705. Maritime security response teams.
Sec. 706. Coast Guard detection canine team program expansion.
Sec. 707. Coast Guard port assistance program.
Sec. 708. Maritime biometric identification.
Sec. 709. Review of potential threats.
Sec. 710. Port security pilot.
Sec. 711. Advance notice of port arrival of significant or fatal 
                            incidents 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. 801. Short title.
Sec. 802. Implementation of Coast Guard Integrated Deepwater 
                            Acquisition Program.
Sec. 803. Chief Acquisition Officer.
Sec. 804. Testing and certification.
Sec. 805. National Security Cutters.
Sec. 806. Miscellaneous reports.
Sec. 807. Use of the Naval Sea Systems Command, the Naval Air Systems 
                            Command, and the Space and Naval Warfare 
                            Systems Command to assist the Coast Guard 
                            in exercising technical authority for the 
                            Deepwater Program and other Coast Guard 
                            acquisition programs.
Sec. 808. Definitions.
                TITLE IX--MINORITY SERVING INSTITUTIONS

Sec. 901. MSI Management Internship Program.
Sec. 902. MSI initiatives.
Sec. 903. Coast Guard-MSI Cooperative Technology Program.
Sec. 904. Definition.
        TITLE X--APPEALS TO NATIONAL TRANSPORTATION SAFETY BOARD

Sec. 1001. Rights of appeal regarding licenses, certificates of 
                            registry, and 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. 101. Short title.
Sec. 102. Findings.
Sec. 103. Checks against terrorist watchlist.
Sec. 104. Strengthening prosecution and punishment of alien smugglers.
Sec. 105. Maritime law enforcement.
Sec. 106. Amendment to the sentencing guidelines.

           DIVISION A--COAST GUARD AUTHORIZATION ACT OF 2008

                         TITLE I--AUTHORIZATION

SEC. 100. SHORT TITLE.

    This division may be cited as the ``Coast Guard 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.

    (a) Transfer.--
            (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.
    ``(c) Computations.--
            ``(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);
            (2) in paragraph (5)--
                    (A) by striking ``and'' at the end of subparagraph 
                (C);
                    (B) by striking the period at the end of 
                subparagraph (D) and 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''.
    (e) Clerical Amendments.--
            (1) The heading for section 47 of that title is amended by 
        striking ``assignment'' and inserting ``appointment''.
            (2) The table of sections at the 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:

``50. Vice admirals.'';
                and
                    (C) by striking the item relating to section 50a.
    (f) Technical Correction.--Section 47 of that title is further 
amended in the fifth 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
    ``(a) Establishment.--
            ``(1) In general.--There is established a Merchant Mariner 
        Medical Advisory Committee (in this section referred to as the 
        `Committee').
            ``(2) Functions.--The Committee shall advise the Secretary 
        on matters relating to--
                    ``(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
                    ``(D) medical research.
    ``(b) Membership.--
            ``(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--
            (1) in section 253(a)--
                    (A) by inserting ``and'' after ``considered,''; and
                    (B) by striking ``, and the number of officers the 
                board may recommend for promotion'';
            (2) in section 258--
                    (A) by inserting ``(a) In General.--'' before the 
                existing text;
                    (B) in subsection (a) (as so 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.
    ``(c) Functions.--
            ``(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).
    (c) Annual Report.--
            (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.
                    ``(B) Without limit--
                            ``(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.
    (c) Annual Assessment.--
            (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--
                    (A) to measure--
                            (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.
    (d) Annual Report.--
            (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.--
            ``(1) In general.--
                    ``(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:
    ``(a) In General.--The''.
            (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:
    ``(c) Simple Possession.--
            ``(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.'';
            (2) in subsection (b)--
                    (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.''.
    (e) Tonnage Certificate.--
            (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--
            (1) in paragraph (1)--
                    (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);
            (2) in subsection (b)--
                    (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.
    (c) Advisory Committee.--
            (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'';
                and
                    (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''.
    (e) Classing of Vessels.--
            (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:

``3104. Survival craft.''.

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:

``7507. Fingerprinting.''.

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--
            (1) course materials;
            (2) course content;
            (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--
            (1) in paragraph (1)--
                    (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.
    (b) Lease.--
            (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.''.
    (b) Coastwise Voyages.--
            (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--
            (1) agrees--
                    (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.
    (d) Required Use.--
            (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.
    (b) Conditions.--
            (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.
    (c) Recommendations.--
            (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.
    (c) Study.--
            (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.
    (b) Reversion.--
            (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:
                    ``(F) individuals who--
                            ``(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.
            ``(2) Approval criteria.--
                    ``(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.--
            ``(1) In general.--
                    ``(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.
            ``(3) Exchange areas.--
                    ``(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;
                            ``(iii) a national park;
                            ``(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
                            ``(ii) either--
                                    ``(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.
            ``(6) Feasibility review.--
                    ``(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
                            ``(v) cost effectiveness.
                    ``(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.
            ``(9) High-risk voyages.--
                    ``(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.
                    ``(B) Investigations.--
                            ``(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.
            ``(4) State programs.--
                    ``(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.
    ``(k) Sanctions.--
            ``(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.
    ``(l) Enforcement.--
            ``(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.
    ``(q) Preemption.--
            ``(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.
    ``(r) Legal Actions.--
            ``(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.--
            ``(1) In general.--
                    ``(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.
                    ``(B) Best practices.--
                            ``(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--
            (1) by redesignating--
                    (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--
                    ``(A) the keel is laid;
                    ``(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;
                    ``(B) cost-effective;
                    ``(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).
            ``(4) Grants.--
                    ``(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--
            (1) in subsection (a)--
                    (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.'';
            (2) in subsection (b)--
                    (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,'';
            (2) in subsection (b)--
                    (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
            (2) in subsection (g)--
                    (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.
    (b) Competition.--
            (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.

     In this title:
            (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--
            (1) in section 7702--
                    (A) by striking subsection (b); and
                    (B) by redesignating subsections (c) and (d) as 
                subsections (b) and (c), respectively;
            (2) by adding at the end the following new 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''.
    (b) Judicial Review.--
            (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:

``100. Marine safety.''.

SEC. 1102. MARINE SAFETY STAFF.

    (a) In General.--Chapter 3 of title 14, United States Code, is 
further amended by adding at the end the following new section:
``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;
                    ``(B) reimbursements; and
                    ``(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.
    ``(b) Offenses.--
            ``(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.
    ``(h) Penalties.--
            ``(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.

    Congress finds that--
            (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.
    ``(2) If the offense--
            ``(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:

                                                                 Clerk.
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.