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







110th CONGRESS
  1st Session
                                H. R. 2830

 To authorize appropriations for the Coast Guard for fiscal year 2008, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 22, 2007

Mr. Oberstar (for himself, Mr. Cummings, and Mr. LaTourette) introduced 
      the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To authorize appropriations for the Coast Guard for fiscal year 2008, 
                        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. SHORT TITLE.

    This Act may be cited as the ``Coast Guard Authorization Act of 
2007''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
                         TITLE I--AUTHORIZATION

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

Sec. 201. Appointment of civilian Coast Guard judges.
Sec. 202. Industrial activities.
Sec. 203. Reimbursement for medical-related travel expenses.
Sec. 204. Commissioned officers.
Sec. 205. Coast Guard participation in the Armed Forces Retirement Home 
                            (AFRH) system.
Sec. 206. Grants to international maritime organizations.
Sec. 207. Emergency leave retention authority.
Sec. 208. Enforcement authority.
Sec. 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.
                   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. Seamen's shoreside access.
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. Clarification of delegation of authority to classification 
                            societies.
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. Waterside security around liquefied natural gas terminals and 
                            liquefied natural gas tankers.
                   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.
                    TITLE V--BALLAST WATER TREATMENT

Sec. 501. Short title.
Sec. 502. Declaration of goals and purposes.
Sec. 503. Ballast water management.
Sec. 504. Rapid response plan.
Sec. 505. Authorization of appropriations.

                         TITLE I--AUTHORIZATION

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; and
                    (D) $80,500,000 shall be available only for paying 
                for operating expenses of the Integrated Deepwater 
                System program.
            (2) For the acquisition, construction, rebuilding, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto, $1,005,768,000, 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) $836,866,000 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, $18,583,000, 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), $12,079,000, 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 45,500 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; 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(d)(2) of that title is 
amended 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 twelve 
        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) two 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, United 
        States Code; 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 designating the existing text as subsection 
                (a);
                    (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 Congress 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 owned by a government 
        and used for noncommercial service when--
                    ``(A) the vessel or aircraft is under the tactical 
                control of the Coast Guard; and
                    ``(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 in each Coast Guard 
District 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 seek to resolve disputes between the Coast Guard 
        and all petitioners regarding requirements imposed or services 
        provided by the Coast Guard.
    ``(c) Functions.--
            ``(1) Investigations.--The District Ombudsman may 
        investigate complaints brought to the attention of the District 
        Ombudsman by a petitioner operating in a port 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 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 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.''.

                   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 2007 and except as provided in 
                paragraph (4), the owner of a vessel eligible under 
                subsection (a), (b), (c), (d), or (e) (other than 
                paragraph (21)), in order to improve 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 2007.
            ``(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;
                    (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 2007; and
                            ``(ii) shall be assigned, for all purposes 
                        under this title, in the manner specified by 
                        the owner of the vessel being removed to any 
                        other catcher vessel or among other catcher 
                        vessels 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 inserting before ``The'' the following:
    ``(a) In General.--''.
            (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''; 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. 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. 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 subparagraph (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 that meets 
        the requirements of subsection (g); 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 ``fishing 
                processing''; and
                    (C) by adding at the end the following:
    ``(c) This section applies to a vessel to which 4502(b) 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) After January 1, 2018, this section applies to a fishing 
vessel or fish tender vessel that is built before January 1, 2008, and 
is 25 years of age or older, unless the vessel complies with an 
alternate safety compliance program prescribed by the Secretary.''.
            (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.''.

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.

    Section 11301 of title 46, United States Code, is amended--
            (1) in subsection (a), by striking ``or'' after the 
        semicolon at the end of paragraph (1), by striking the period 
        at the end of paragraph (2) and inserting ``; or'', and by 
        adding at the end the following new paragraph:
            ``(3) subject to inspection under section 3301 of this 
        title.'';
            (2) in subsection (b) by adding at the end the following 
        new paragraphs:
            ``(13) the time when each seaman and each officer assumed 
        or relieved the watch.
            ``(14) the number of hours in service to the vessel of each 
        seaman and each officer.
            ``(15) all entries required by Federal regulation.''; and
            (3) by amending subsection (b)(5) to read as follows:
            ``(5) an account of each accident, illness, or injury that 
        occurred during the watch.''.

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 the characteristics, 
methods of operation, and nature of the service of these vessels.''.

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
            ``(7) 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 ``2009''.

SEC. 318. CLARIFICATION OF DELEGATION OF AUTHORITY TO CLASSIFICATION 
              SOCIETIES.

    Section 3316 of title 46, United States Code, is amended--
            (1) in subsection (b)(1), by inserting ``or for a floating 
        installation'' after ``chapter 121 of this title'';
            (2) in subsection (b)(2)(A), by inserting ``or for floating 
        installations,'' after ``vessels documented in that country'';
            (3) in subsection (b)(3)(A), by inserting ``or floating 
        installation'' after ``after the vessel''; and
            (4) by adding at the end the following new subsection:
    ``(d) For purposes of this section, the term `floating 
installation' means any installation, structure, or other device that 
floats and that either 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)), and is used for the purpose of exploring for, 
developing, producing, or storing the resources from that seabed or 
subsoil.''.

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) A vessel or facility for which a registry endorsement is not 
issued may not engage in regassifying on navigable waters unless the 
vessel or facility transported the gas from a foreign port.''.

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
    ``(a) In General.--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 5(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 
section 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 5(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. WATERSIDE SECURITY AROUND LIQUEFIED NATURAL GAS TERMINALS AND 
              LIQUEFIED NATURAL GAS TANKERS.

    (a) In General.--The Commandant of the Coast Guard shall be 
responsible for providing waterside security services around liquefied 
natural gas terminals and around tankers transporting liquefied natural 
gas in security zones established by the Coast Guard.
    (b) Limitation on Reliance on State and Local Government.--Security 
arrangements approved as part of the facility security plan approved 
under section 70103 of title 46, United States Code, for an onshore 
liquefied natural gas terminal may not be based upon the provision of 
security by a State or local government.
    (c) Enforcement of Security Zones.--Security zones established by 
the Coast Guard around tankers transporting liquefied natural gas shall 
be enforced by the Coast Guard.
    (d) Provision of Assets by Operators.--
            (1) In general.--As part of their facility security plans, 
        the operators of liquefied natural gas terminals shall provide 
        assets that can be used by the Coast Guard to provide waterside 
        patrols in the areas around liquefied natural gas terminals and 
        around tankers transporting liquefied natural gas in security 
        zones established by the Coast Guard. The Secretary of the 
        department in which the Coast Guard is operating may not 
        approve a facility security plan under section 70103 of title 
        46, United States Code, until those assets have been provided 
        to the Secretary.
            (2) Availability to coast guard.--Those assets shall be 
        available to the Coast Guard for use in the same Coast Guard 
        sector as the sector in which the terminal that provided the 
        assets is located when use of the asset is not required to 
        provide security around the terminal.

                   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) $2,100,000 for fiscal year 2007;
                    ``(B) $2,200,000 for fiscal year 2008;
                    ``(C) $2,300,000 for fiscal year 2009;
                    ``(D) $2,400,000 for fiscal year 2010; and
                    ``(E) $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.--A seaman employed on a passenger 
vessel capable of carrying more than 500 passengers may authorize, by 
written request signed by the seaman, 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.--A seaman employed on a passenger 
vessel capable of carrying more than 500 passengers may authorize, by 
written request signed by the seaman, 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.--Any property conveyed under this section shall 
be used by the Town of Jupiter Island, Florida, solely for conservation 
of habitat and as protection against damage from wind, tidal, and wave 
energy.
    (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.
    (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 ``two'' and inserting ``three''.

                    TITLE V--BALLAST WATER TREATMENT

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Ballast Water Treatment Act of 
2007''.

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), and (4), this section applies to a vessel 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.
            ``(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.
    ``(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 with the 
                criteria described in subparagraph (A) issued by the 
                vessel's country of registration in accordance with 
                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) the owner or operator of the vessel transmit 
                such information to the Secretary 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) 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 aquatice 
                nuisance species if preliminary experiments prior to 
                installation of the technology aboard the vessel 
                demonstrate that the technology removed or killed at 
                least 98 percent of organisms larger than 50 microns.
            ``(2) Guidance; 5-year usage.--
                    ``(A) Guidance.--Not later than one year after the 
                date of enactment of the Ballast Water Treatment Act of 
                2007, 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 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) Permissable 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--
                    ``(A) if the vessel operates exclusively--
                            ``(i) within the Great Lakes; 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) Marine sanctuaries and other prohibited areas.--A 
        vessel may not conduct ballast water exchange or discharge 
        ballast water under this subsection--
                    ``(A) within a national marine sanctuary designated 
                under of the National Marine Sanctuaries Act (16 U.S.C. 
                1431 et seq.);
                    ``(B) 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
                    ``(C) in any other waters designated by the 
                Secretary, in consultation with the Under Secretary and 
                the Administrator.
            ``(9) Vessels operating in the great lakes.--
                    ``(A) Vessels with no ballast on board.--The 
                Secretary shall issue regulations that are intended to 
                minimize the introduction of nuisance species from 
                vessels to which this section applies that--
                            ``(i) have not undertaken ballast water 
                        exchange in accordance with this subsection; 
                        and
                            ``(ii) enter a port in the Great Lakes 
                        without pumpable ballast water.
                    ``(B) Effective date for new regulations.--The 
                regulations issued by the Secretary of Transportation 
                under this section, as such regulations were in effect 
                on the day before the date of enactment of the Ballast 
                Water Treatment Act of 2007, shall remain in effect 
                for, and shall continue to apply to, vessels entering 
                or operating in the Great Lakes until the earlier of--
                            ``(i) the date on which such vessels are 
                        required to conduct ballast water treatment in 
                        accordance with the requirements of subsection 
                        (f); or
                            ``(ii) the effective date of final 
                        regulations issued by the Secretary to 
                        implement this section that are at least as 
                        stringent as the regulations in effect on the 
                        day before such date of enactment, as 
                        determined by the Secretary in consultation 
                        with the Governors of the Great Lakes region.
    ``(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 as may be specified in regulations issued by 
                the Secretary, after consultation with other 
                appropriate Federal agencies as determined by the 
                Secretary, 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 2007, 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.--Paragraph (1) 
        applies to a vessel to which this section applies beginning on 
        the date of the first dry-docking of the vessel after December 
        31, 2008, but not later than December 31, 2013.
            ``(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 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 later than December 31, 
                2007, the Secretary shall complete a review to 
                determine whether appropriate technologies are 
                available to achieve the standards set forth in 
                paragraph (1). In reviewing the technologies the 
                Secretary, after consultation with 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 determines, on the basis of the review 
                conducted under subparagraph (A), that compliance with 
                the standards set forth in paragraph (1) is not 
                feasible for any class of vessels, the Secretary--
                            ``(i) may extend the date on which that 
                        subparagraph first applies to a vessel of such 
                        class for a period of not more than 12 months, 
                        but not later than December 31, 2013; and
                            ``(ii) shall recommend action to ensure 
                        that compliance with the extended date is 
                        achieved.
                    ``(C) Higher standards.--If the Secretary 
                determines that ballast water treatment technology 
                exists that exceeds the performance standards required 
                under paragraph (1), the Secretary shall revise, for 
                any class of vessels, the performance standards to 
                incorporate the higher performance standards.
            ``(7) Delay of application for vessel participating in 
        promising technology evaluations.--
                    ``(A) In general.--If a vessel participates in a 
                program 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 Secretary shall complete review of 
                ballast water treatment standards in effect under this 
                subsection to determine, after consultation with the 
                Administrator and the heads of other appropriate 
                Federal agencies determined by 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 
                Secretary shall revise, by regulation, the requirements 
                of this subsection as necessary.
                    ``(B) Application of adjusted standards.--In the 
                regulations, the Secretary 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 vessels.--
                    ``(A) Vessel list.--Not later than one year after 
                the date of enactment of the Ballast Water Treatment 
                Act of 2007, the Secretary shall publish and regularly 
                update a list of vessels 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 an area if the 
                Secretary has determined through a rulemaking 
                proceeding, after consultation with the Administrator 
                and the heads of other appropriate Federal agencies as 
                determined by the Secretary, 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 shall be presumed not to pose a significant 
                risk of introducing aquatic nuisance species unless the 
                Secretary finds otherwise in a rulemaking proceeding 
                under subparagraph (A).
                    ``(C) Best practices.--The Secretary 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) 
                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) Laboratories.--The Secretary may use any Federal, 
        non-Federal, or foreign laboratory that meets standards 
        established by the Secretary for the purpose of evaluating and 
        certifying ballast water treatment technologies that meet the 
        requirements of this subsection.
    ``(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) Suspension of federal authorities.--Not later 
                than 90 days after the date on which a State submits a 
                program (or revision thereof) under this paragraph, the 
                Secretary shall suspend its authorities under 
                subsections (k) and (l) in such State, unless the 
                Secretary determines that the State program does not 
                meet the requirements of this paragraph. If the 
                Secretary so determines, the Secretary shall notify the 
                State of any revisions or modifications necessary to 
                conform to such requirements.
                    ``(D) 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.
                    ``(E) 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.
                    ``(F) 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.
    ``(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 paragraph (4) 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.
    ``(r) 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 2007, 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 
        2007, 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.
    ``(s) Judicial Review of Regulations.--
            ``(1) 120-day rule.--An interested person may bring an 
        action for review of a final regulation issued under this 
        section by the Secretary in the United States Court of Appeals 
        for the District of Columbia Circuit. Any such petition shall 
        be filled within 120 days after the date on the which notice 
        for the rulemaking appears in the Federal Register; except 
        that, if the petition is based solely on grounds arising after 
        the 120th day, the petition shall be filed within 120 days 
        after those grounds arise.
            ``(2) Review in enforcement proceedings.--A regulation for 
        which review could have been obtained under subparagraph (A) is 
        not subject to judicial review in any civil or criminal 
        proceeding for enforcement.''.
    (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 (22), as so redesignated, by striking 
        ``and'' at the end;
            (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 (27), as so redesignated, by striking the 
        period at the end and inserting ``; and''; and
            (12) by inserting after paragraph (27), as so redesignated 
        and amended, the following:
            ``(28) `waters subject to the jurisdiction of the United 
        States' means navigable waters and the territorial sea of the 
        United States, the exclusive economic zone, and the Great 
        Lakes.''.
    (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. RAPID RESPONSE PLAN.

    Subtitle C of title I of the Nonindigenous Aquatic Nuisance 
Prevention and Control Act (16 U.S.C. 4721 et seq.) is amended by 
adding at the end the following:

``SEC. 1210. RAPID RESPONSE PLAN.

    ``(a) Preparation by Administrator.--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 Administrator of 
        Federal aquatic nuisance species response teams, consisting 
        of--
                    ``(A) personnel who shall be trained and prepared 
                by the Administrator 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 Administrator 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 Administrator 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 Administrator 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 Administrator 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 Administrator 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 Administrator to carry out the plan.''.

SEC. 505. 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 ``; and''; 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.''.
                                 <all>