[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1892 Reported in Senate (RS)]
Calendar No. 568
110th CONGRESS
2d Session
S. 1892
[Report No. 110-261]
To reauthorize the Coast Guard for fiscal year 2008, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 26, 2007
Ms. Cantwell (for herself, Ms. Snowe, Mr. Inouye, Mr. Stevens, Mr.
Lautenberg, and Mr. Lott) introduced the following bill; which was read
twice and referred to the Committee on Commerce, Science, and
Transportation
February 5, 2008
Reported by Mr. Inouye, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
A BILL
To reauthorize 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 for
Fiscal Year 2008''.
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--AUTHORIZATIONS
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Web-based risk management data system.
TITLE II--ORGANIZATION
Sec. 201. Vice commandant; vice admirals.
Sec. 202. Merchant Mariner Medical Advisory Committee.
Sec. 203. Authority to distribute funds through grants, cooperative
agreements, and contracts to maritime
authorities and organizations.
Sec. 204. Assistance to foreign governments and maritime authorities;
TITLE III--PERSONNEL
Sec. 301. Emergency leave retention authority.
Sec. 302. Legal assistance for Coast Guard reservists.
Sec. 303. Reimbursement for certain medical-related travel expenses.
Sec. 304. Number and distribution of commissioned officers on the
active duty promotion list.
Sec. 305. Reserve commissioned warrant officer to lieutenant program.
Sec. 306. Enhanced status quo officer promotion system.
Sec. 307. Appointment of civilian Coast Guard judges.
Sec. 308. Coast Guard Participation in the Armed Forces Retirement Home
(AFRH) System.
TITLE IV--ADMINISTRATION
Sec. 401. Cooperative Agreements for Industrial Activities.
Sec. 402. Defining Coast Guard vessels and aircraft.
Sec. 403. Specialized industrial facilities.
Sec. 404. Authority to construct Coast Guard recreational facilities.
TITLE V--SHIPPING AND NAVIGATION
Sec. 501. Technical amendments to chapter 313 of title 46, United
States Code.
Sec. 502. Clarification of rulemaking authority.
Sec. 503. Coast Guard to maintain LORAN-C navigation system.
Sec. 504. Nantucket Sound ship channel weather buoy.
Sec. 505. Limitation on maritime liens on fishing permits.
Sec. 506. Vessel rebuild determinations.
TITLE VI--MARITIME LAW ENFORCEMENT
Sec. 601. Maritime law enforcement.
TITLE VII--OIL POLLUTION PREVENTION
Sec. 701. Rulemakings.
Sec. 702. Oil spill response capability.
Sec. 703. Oil transfers from vessels.
Sec. 704. Improvements to reduce human error and near-miss incidents.
Sec. 705. Olympic Coast National Marine Sanctuary.
Sec. 706. Prevention of small oil spills.
Sec. 707. Improved coordination with tribal governments.
Sec. 708. Report on the availability of technology to detect the loss
of oil.
Sec. 709. Use of oil spill liability trust fund.
Sec. 710. International efforts on enforcement.
Sec. 711. Grant project for development of cost-effective detection
technologies.
Sec. 712. Higher volume port area regulatory definition change.
Sec. 713. Response tugs.
Sec. 714. Tug escorts for laden oil tankers.
Sec. 715. Extension of financial responsibility.
Sec. 716. Vessel traffic risk assessments.
Sec. 717. Oil spill liability trust fund investment amount.
Sec. 718. Liability for use of unsafe single-hull vessels.
TITLE VIII--MARITIME HAZARDOUS CARGO SECURITY
Sec. 801. International committee for the safe and secure
transportation of especially hazardous
cargo.
Sec. 802. Validation of compliance with ISPFC standards.
Sec. 803. Safety and security assistance for foreign ports.
Sec. 804. Coast Guard port assistance program.
Sec. 805. EHC facility risk-based cost sharing.
Sec. 806. Transportation security incident mitigation plan.
Sec. 807. Incident command system training.
Sec. 808. Pre-positioning interoperable communications equipment at
interagency operational centers.
Sec. 809. Definitions.
TITLE IX--MISCELLANEOUS PROVISIONS
Sec. 901. Marine mammals and sea turtles report.
Sec. 902. Umpqua lighthouse land conveyance.
Sec. 903. Lands to be held in trust.
Sec. 904. Data.
Sec. 905. Extension.
Sec. 906. Forward operating facility.
Sec. 907. Enclosed hangar at Air Station Barbers Point, Hawaii.
Sec. 908. Conveyance of decommissioned Coast Guard Cutter STORIS.
Sec. 909. Conveyance of the Presque Isle Light Station Fresnel Lens to
Presque Isle Township, Michigan.
Sec. 910. Repeals.
Sec. 911. Report on ship traffic.
Sec. 912. Small vessel exception from definition of fish processing
vessel.
Sec. 913. Right of first refusal for Coast Guard property on Jupiter
Island, Florida.
Sec. 914. Ship disposal working group.
Sec. 915. Full multi-mission response station in Valdez, Alaska.
Sec. 916. Protection and fair treatment of seafarers.
Sec. 917. Icebreakers.
Sec. 918. Fur Seal Act authorization.
Sec. 919. Study of relocation of Coast Guard Sector Buffalo facilities.
Sec. 920. Conveyance of Point No Point historic lighthouse to Kitsap
County, Washington.
Sec. 921. Facility security plans.
Sec. 922. Class action suits for crew wages on passenger vessels;
deposit of seaman's wages.
<DELETED>Sec. 920. </DELETED>Sec. 923. Inspector General report on
Coast Guard dive program.
TITLE X--VESSEL CONVEYANCE
Sec. 1001. Short title.
Sec. 1002. Conveyance of United States vessels for public purposes.
Sec. 1003. Working group on conveyance of United States vessels.
Sec. 1004. Civil enforcement of conveyance conditions.
Sec. 1005. Definitions.
TITLE I--AUTHORIZATIONS
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for necessary expenses of
the Coast Guard for fiscal year 2008 as follows:
(1) For the operation and maintenance of the Coast Guard,
$5,894,295,000, of which $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.
(2) For the acquisition, construction, renovation, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment related
thereto, $998,068,000, of which $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; such funds
appropriated for personnel compensation and benefits and
related costs of acquisition, construction, and improvements
shall be available for procurement of services necessary to
carry out the Integrated Deepwater Systems program.
(3) 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.
(4) For environmental compliance and restoration functions
under chapter 19 of title 14, United States Code, $12,079,000.
(5) For research, development, test, and evaluation
programs related to maritime technology, $17,583,000.
(6) For operation and maintenance of the Coast Guard
reserve program, $126,883,000.
(7) For the construction of a new Chelsea Street Bridge in
Chelsea, Massachusetts, $3,000,000.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
(a) Active Duty Strength.--The Coast Guard is authorized an end-of-
year strength of active duty personnel of 45,500 as of 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. WEB-BASED RISK MANAGEMENT DATA SYSTEM.
(a) In General.--There are authorized to be appropriated $1,000,000
for each of fiscal years 2008 and 2009 to the Secretary of the
department in which the Coast Guard is operating to continue deployment
of a World Wide Web-based risk management system to help reduce
accidents and fatalities.
(b) Implementation Status Report.--Within 90 days after the date of
enactment of this Act, the Commandant of the Coast Guard shall submit a
report to the Senate Committee on Commerce, Science, and Transportation
on the status of implementation of the system.
TITLE II--ORGANIZATION
SEC. 201. VICE COMMANDANT; VICE ADMIRALS.
(a) Vice Commandant.--The fourth sentence of section 47 of title
14, United States Code, is amended by striking ``vice admiral'' and
inserting ``admiral''.
(b) Vice Admirals.--Section 50 of such title is amended to read as
follows:
``Sec. 50. Vice admirals
``(a)(1) The President may designate no more than 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 such duties as the Commandant may
prescribe.
``(2) 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 any such position an officer of the Coast Guard who is
serving on active duty above the grade of captain. The Commandant shall
make recommendations for such appointments.
``(b)(1) The appointment and the grade of vice admiral 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 that 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 or office
to carry out effectively the duties and responsibilities of that
position or office.''.
(c) Repeal.--Section 50a of such title is repealed.
(d) Conforming Amendments.--Section 51 of such title is amended--
(1) by striking subsections (a), (b), and (c) and inserting
the following:
``(a) An officer, other than the Commandant, who, while serving in
the grade of admiral or vice admiral, is retired for physical
disability shall be placed on the retired list with the highest grade
in which that officer served.
``(b) An officer, other than the Commandant, who is retired while
serving in the grade of admiral or vice admiral, or who, after serving
at least 2\1/2\ years in the grade of admiral or vice admiral, is
retired while serving in a lower grade, may in the discretion of the
President, be retired with the highest grade in which that officer
served.
``(c) An officer, other than the Commandant, who, after serving
less than 2\1/2\ years in the grade of admiral or vice admiral, is
retired while serving in a lower grade, shall be retired in his
permanent grade.''; and
(2) by striking ``Area Commander, or Chief of Staff'' in
subsection (d)(2) and inserting ``or Vice Admiral''.
(e) Clerical Amendments.--
(1) The section caption for section 47 of such title is
amended to read as follows:
``Sec. 47. Vice commandant; appointment''.
(2) The chapter analysis for chapter 3 of such 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 50a;
and
(C) by striking the item relating to section 50 and
inserting the following:
``50. Vice admirals.''.
(f) Technical Correction.--Section 47 of such title is further
amended by striking ``subsection'' in the fifth sentence and inserting
``section''.
SEC. 202. MERCHANT MARINER MEDICAL ADVISORY COMMITTEE.
(a) In General.--Chapter 3 of title 14, United States Code, is
amended by adding at the end the following new section:
``Sec. 55. Merchant Mariner Medical Advisory Committee
``(a) Establishment; Membership; Status.--
``(1) There is established a Merchant Mariner Medical
Advisory Committee.
``(2) The Committee shall consist of 12 members, none of
whom shall be a Federal employee--
``(A) 10 of whom shall be health-care professionals
with particular expertise, knowledge, or experience
regarding the medical examinations of merchant mariners
or occupational medicine; and
``(B) 2 of whom shall be professional mariners with
knowledge and experience in mariner occupational
requirements.
``(3) 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 and any administrative standards of conduct
applicable to the employees of the department in which the
Coast Guard is operating.
``(b) Appointments; Terms; Vacancies; Organization.--
``(1) The Secretary shall appoint the members of the
Committee, and each member shall serve at the pleasure of the
Secretary.
``(2) The members shall be appointed for a term of 3 years,
except that, of the members first appointed, 3 members shall be
appointed for a term of 2 years and 3 members shall be
appointed for a term of 1 year.
``(3) Any member appointed to fill the vacancy prior to the
expiration of the term for which such member's predecessor was
appointed shall be appointed for the remainder of such term.
``(4) The Secretary shall designate 1 member as the
Chairman and 1 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.
``(5) No later than 6 months after the date of enactment of
the Coast Guard Authorization Act for Fiscal Year 2008, the
Committee shall hold its first meeting.
``(c) Function.--The Committee shall advise the Secretary on
matters relating to--
``(1) medical certification determinations for issuance of
merchant mariner credentials;
``(2) medical standards and guidelines for the physical
qualifications of operators of commercial vessels;
``(3) medical examiner education; and
``(4) medical research.
``(d) 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.
``(e) Staff; Services.--The Secretary shall furnish to the
Committee such personnel and services as are considered necessary for
the conduct of its business.''.
(b) Clerical Amendment.--The analysis for chapter 3 of such title
is amended by adding at the end the following:
``55. Merchant Mariner Medical Advisory Committee.''.
SEC. 203. AUTHORITY TO DISTRIBUTE FUNDS THROUGH GRANTS, COOPERATIVE
AGREEMENTS, AND CONTRACTS TO MARITIME AUTHORITIES AND
ORGANIZATIONS.
Section 149 of title 14, United States Code, is amended by adding
at the end the following:
``(c) Grants to International Maritime Organizations.--The
Commandant may, after consultation with the Secretary of State, 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 and environmental requirements, classification, and
port state or flag state law enforcement or oversight.''.
SEC. 204. ASSISTANCE TO FOREIGN GOVERNMENTS AND MARITIME AUTHORITIES.
Section 149 of title 14, United States Code, as amended by section
203, is further amended by adding at the end the following:
``(d) Authorized Activities.--
``(1) The Commandant may transfer or expend funds from any
appropriation available to the Coast Guard for--
``(A) the activities of traveling contact teams,
including any transportation expense, translation
services expense, or administrative expense that is
related to such activities;
``(B) the activities of maritime authority liaison
teams of foreign governments making reciprocal visits
to Coast Guard units, including any transportation
expense, translation services expense, or
administrative expense that is related to such
activities;
``(C) seminars and conferences involving members of
maritime authorities of foreign governments;
``(D) distribution of publications pertinent to
engagement with maritime authorities of foreign
governments; and
``(E) personnel expenses for Coast Guard civilian
and military personnel to the extent that those
expenses relate to participation in an activity
described in subparagraph (C) or (D).
``(2) An activity may not be conducted under this
subsection with a foreign country unless the Secretary of State
approves the conduct of such activity in that foreign
country.''.
TITLE III--PERSONNEL
SEC. 301. EMERGENCY LEAVE RETENTION AUTHORITY.
Section 701(f)(2) of title 10, United States Code, is amended by
inserting ``or a declaration of a major disaster or emergency by the
President under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (Public Law 93-288, 42 U.S.C. 5121 et seq.)'' after
``operation''.
SEC. 302. LEGAL ASSISTANCE FOR COAST GUARD RESERVISTS.
Section 1044(a)(4) of title 10, United States Code, is amended--
(1) by striking ``(as determined by the Secretary of
Defense),'' and inserting ``(as determined by the Secretary of
Defense and the Secretary of the department in which the Coast
Guard is operating, with respect to the Coast Guard when it is
not operating as a service of the Navy),''; and
(2) by striking ``prescribed by the Secretary of Defense,''
and inserting ``prescribed by Secretary of Defense and the
Secretary of the department in which the Coast Guard is
operating, with respect to the Coast Guard when it is not
operating as a service of the Navy,''.
SEC. 303. REIMBURSEMENT FOR CERTAIN MEDICAL-RELATED TRAVEL EXPENSES.
Section 1074i(a) of title 10, United States Code, is amended--
(1) by striking ``In General.--In'' and inserting ``In
General.--(1) In''; and
(2) by adding at the end the following:
``(2) In any case in which a covered beneficiary resides on an
INCONUS island that lacks public access roads to the mainland and is
referred by a primary care physician to a specialty care provider on
the mainland who provides services less than 100 miles from the
location in which 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.''.
SEC. 304. NUMBER AND DISTRIBUTION OF COMMISSIONED OFFICERS ON THE
ACTIVE DUTY PROMOTION LIST.
(a) In General.--Section 42 of title 14, United States Code, is
amended--
(1) by striking subsections (a), (b), and (c) and inserting
the following:
``(a) The total number of Coast Guard commissioned officers on the
active duty promotion list, excluding warrant officers, shall not
exceed 6,700. This total number may be temporarily increased up to 2
percent for no more than the 60 days that follow the commissioning of a
Coast Guard Academy class.
``(b) The total number of commissioned officers authorized by this
section shall be distributed in grade not to exceed the following
percentages:
``(1) 0.375 percent for rear admiral.
``(2) 0.375 percent for rear admiral (lower half).
``(3) 6.0 percent for captain.
``(4) 15.0 percent for commander.
``(5) 22.0 percent for lieutenant commander.
The Secretary shall prescribe the percentages applicable to the grades
of lieutenant, lieutenant (junior grade), and ensign. The Secretary
may, as the needs of the Coast Guard require, reduce any of the
percentages set forth in paragraphs (1) through (5) and apply that
total percentage reduction to any other lower grade or combination of
lower grades.
``(c) The Secretary shall, at least once a year, compute the total
number of commissioned officers authorized to serve in each grade by
applying the grade distribution percentages of this section to the
total number of commissioned officers listed on the current active duty
promotion list. In making such calculations, any fraction shall be
rounded to the nearest whole number. The number of commissioned
officers on the active duty promotion list serving with other
departments or agencies on a reimbursable basis or excluded under the
provisions of section 324(d) of title 49, shall not be counted against
the total number of commissioned officers authorized to serve in each
grade.'';
(2) by striking subsection (e) and inserting the following:
``(e) 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.''; and
(3) by striking the caption of such section and inserting
the following:
``Sec. 42. Number and distribution of commissioned officers on the
active duty promotion list''.
(b) Clerical Amendment.--The chapter 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 the active
duty promotion list.''.
SEC. 305. 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
licensed officers of the United States merchant marine; 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. 306. ENHANCED STATUS QUO OFFICER PROMOTION SYSTEM.
(a) Section 253(a) of title 14, United States Code, is amended--
(1) by inserting ``and'' after ``considered,''; and
(2) by striking ``consideration, and the number of officers
the board may recommend for promotion'' and inserting
``consideration''.
(b) Section 258 of such title is amended--
(1) by inserting ``(a)'' before ``The Secretary''; and
(2) by adding at the end the following:
``(b) In addition to the information provided pursuant to
subsection (a), the Secretary may furnish the selection board--
``(1) specific direction relating to the needs of the
service for officers having particular skills, including
direction relating to the need for a minimum number of officers
with particular skills within a specialty; and
``(2) such other guidance that the Secretary believes may
be necessary to enable the board to properly perform its
functions.
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.''.
(c) Section 259(a) of such title is amended by striking ``board''
the second place it appears and inserting ``board, giving due
consideration to the needs of the service for officers with particular
skills so noted in the specific direction furnished pursuant to section
258 of this title,''.
(d) Section 260(b) of such title is amended by inserting ``to meet
the needs of the service (as noted in the specific direction furnished
the board under section 258 of this title)'' after ``qualified for
promotion''.
SEC. 307. APPOINTMENT OF CIVILIAN COAST GUARD JUDGES.
Section 875 of the Homeland Security Act of 2002 (6 U.S.C. 455) is
amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Appointment of Judges.--The Secretary may appoint civilian
employees of the Department of Homeland Security 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, United States
Code.''.
SEC. 308. COAST GUARD PARTICIPATION IN THE ARMED FORCES RETIREMENT HOME
SYSTEM.
(a) Eligibility under the Armed Forces Retirement Home Act.--
Section 1502 of the Armed Forces Retirement Home Act of 1991 (24 U.S.C.
401) is amended--
(1) by striking ``does not include the Coast Guard when it
is not operating as a service of the Navy.'' in paragraph (4)
and inserting ``has the meaning given such term in section
101(4) of title 10.'';
(2) by striking ``and'' in paragraph (5)(C);
(3) by striking ``Affairs.'' in paragraph (5)(D) and
inserting ``Affairs; and'';
(4) by adding at the end of paragraph (5) the following:
``(E) the Assistant Commandant of the Coast Guard
for Human Resources.''; and
(5) by adding at the end of paragraph (6) the following:
``(E) The Master Chief Petty Officer of the Coast
Guard.''.
(b) Deductions.--
(1) Section 2772 of title 10, United States Code, is
amended--
(A) by striking ``of the military department'' in
subsection (a);
(B) by striking ``Armed Forces Retirement Home
Board'' in subsection (b) and inserting ``Chief
Operating Officer of the Armed Forces Retirement
Home''; and
(C) by striking subsection (c).
(2) Section 1007(i) of title 37, United States Code, is
amended--
(A) by striking ``Armed Forces Retirement Home
Board,'' in paragraph (3) and inserting ``Chief
Operating Officer of the Armed Forces Retirement
Home,''; and
(B) by striking ``does not include the Coast Guard
when it is not operating as a service of the Navy.'' in
paragraph (4) and inserting ``has the meaning given
such term in section 101(4) of title 10.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the first day of the first pay period beginning on or after
January 1, 2008.
TITLE IV--ADMINISTRATION
SEC. 401. COOPERATIVE AGREEMENTS FOR 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 and the Department of Homeland
Security.''.
SEC. 402. DEFINING COAST GUARD VESSELS AND AIRCRAFT.
(a) In General.--Chapter 17 of title 14, United States Code, is
amended by inserting after section 638 the following new section:
``Sec. 638a. Coast Guard vessels and aircraft defined
``For the purposes of sections 637 and 638 of this title, the term
Coast Guard vessels and aircraft means--
``(1) any vessel or aircraft owned, leased, transferred to,
or operated by the Coast Guard and under the command of a Coast
Guard member; <DELETED>and </DELETED>or
``(2) any other vessel or aircraft under the tactical
control of the Coast Guard on which one or more members of the
Coast Guard are assigned and conducting Coast Guard
missions.''.
(b) Clerical Amendment.--The chapter analysis for chapter 17 of
such title is amended by inserting after the item relating to section
638 the following:
``638a. Coast Guard vessels and aircraft defined.''.
SEC. 403. SPECIALIZED INDUSTRIAL FACILITIES.
(a) In General.--Section 648 of title 14, United States Code, is
amended--
(1) by striking the section caption and inserting the
following:
``Sec. 648. Specialized industrial facilities'';
(2) by inserting ``(a) In General.--'' before ``The
Secretary''; and
(3) by adding at the end the following:
``(b) Public-private Partnerships or Other Cooperative
Arrangements.--
``(1) In general.--For purposes of entering into joint
public-private partnerships or other cooperative arrangements
for the performance of work to provide supplies or services for
government use, the Coast Guard Yard, the Aviation Repair and
Supply Center, or other similar Coast Guard industrial
establishments may--
``(A) enter into agreements or other arrangements
with public or private entities, foreign or domestic;
``(B) pursuant to contracts or other arrangements,
receive and retain funds from, or pay funds to, such
public or private entities; or
``(C) accept contributions of funds, materials,
services, or the use of facilities from such public or
private entities, subject to regulations promulgated by
the Coast Guard.
``(2) Accounting for funds received.--Amounts received
under this subsection may be credited to the Coast Guard Yard
Revolving Fund or other appropriate Coast Guard account.
``(3) Reimbursement.--Any partnership, agreement, contract,
or arrangement entered into under this section shall require
the private entity to reimburse the Coast Guard for such
entity's proportional share of the operating and capital costs
of maintaining and operating such facility, as determined by
the Commandant of the Coast Guard.
``(4) Noninterference.--No partnership, agreement,
contract, or arrangement entered into under this section may
interfere with the performance of any operational or support
function of the Coast Guard industrial establishment.''.
(b) Clerical Amendment.--The chapter analysis for chapter 17 of
such title is amended by striking item relating to section 648 and
inserting the following:
``648. Specialized industrial facilities.''.
SEC. 404. AUTHORITY TO CONSTRUCT COAST GUARD RECREATIONAL FACILITIES.
(a) General Authority.--Section 681 of title 14, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking ``housing or military unaccompanied
housing,'' and inserting ``housing, military
unaccompanied housing, or Coast Guard recreational
facilities,''; and
(B) by adding at the end the following:
``(3) Coast Guard recreational facilities.''; and
(2) by striking ``housing or military unaccompanied
housing'' in subsection (b) and inserting ``housing, military
unaccompanied housing, or Coast Guard recreational
facilities''.
(b) Direct Loans.--Section 682 of such title is amended--
(1) by striking ``housing.'' in subsection (a)(1) and
inserting ``housing or facilities that the Secretary determines
are suitable for use as Coast Guard recreational facilities.'';
and
(2) by striking ``housing.'' in subsection (b)(1) and
inserting ``housing or facilities that the Secretary determines
are suitable for use as Coast Guard recreational facilities''.
(c) Leasing of Housing To Be Constructed.--Section 683(a) of such
title is amended by striking ``units or military unaccompanied housing
units'' and inserting ``units, military unaccompanied housing units, or
Coast Guard recreational facilities''.
(d) Limited Partnerships With Eligible Entities.--Section 684 of
such title is amended--
(1) by striking ``housing.'' in subsection (a) and
inserting ``housing or facilities that the Secretary determines
are suitable for use as Coast Guard recreational facilities.'';
(2) by striking ``construction of housing, means the total
amount of the costs included in the basis of the housing'' in
subsection (b)(3) and inserting ``construction of housing or
facilities, means the total amount of the costs included in the
basis of the housing or facilities''; and
(3) by inserting ``or facilities'' in subsection (c) after
``housing units''.
(e) Deposit of Certain Amounts in Coast Guard Housing Fund.--
Section 687 of such title is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``housing or
unaccompanied housing.'' and inserting ``housing,
military unaccompanied housing, or Coast Guard
recreational facilities.''; and
(B) in paragraph (3), by striking ``and military
unaccompanied housing.'' and inserting ``housing,
military unaccompanied housing, and Coast Guard
recreational facilities.''; and
(2) by striking ``family and military unaccompanied housing
units'' in subsection (c)(1) and inserting ``family, military
unaccompanied housing units, and Coast Guard recreational
facilities,''.
(f) Reports.--Section 688 of such title is amended--
(1) by inserting after ``housing units'' in paragraph (1)
the following: ``or Coast Guard recreational facilities''; and
(2) by striking ``housing and military unaccompanied
housing'' in paragraph (4) and inserting ``housing, military
unaccompanied housing, and Coast Guard recreational
facilities''.
(g) Definitions.--Section 680 of such title is amended--
(1) by redesignating paragraphs (1) through (5) as
paragraphs (2) through (6), respectively;
(2) by inserting before paragraph (2), as redesignated by
paragraph (1) of this subsection, the following:
``(1) The term `Coast Guard recreational facilities' means
recreation lodging buildings, recreation housing units, and
ancillary supporting facilities constructed, maintained, and
used by the Coast Guard to provide rest and recreation
amenities for military personnel.''; and
(3) by striking ``housing units and ancillary supporting
facilities or the improvement or rehabilitation of existing
units'' in paragraph (2), as redesignated by paragraph (1) of
this subsection, and inserting ``housing units or Coast Guard
recreational facilities and ancillary supporting facilities or
the improvement or rehabilitation of existing units or
facilities''.
TITLE V--SHIPPING AND NAVIGATION
SEC. 501. TECHNICAL AMENDMENTS TO CHAPTER 313 OF TITLE 46, UNITED
STATES CODE.
(a) In General.--Chapter 313 of title 46, United States Code, is
amended--
(1) by striking ``of Transportation'' in sections 31302,
31306, 31321, 31330, and 31343 each place it appears;
(2) by striking ``and'' after the semicolon in section
31301(5)(F);
(3) by striking ``office.'' in section 31301(6) and
inserting ``office; and''; and
(4) by adding at the end of section 31301 the following:
``(7) `Secretary' means the Secretary of the Department of
Homeland Security, unless otherwise noted.''.
(b) Secretary as Mortgagee.--Section 31308 of such title is amended
by striking ``When the Secretary of Commerce or Transportation is a
mortgagee under this chapter, the Secretary'' and inserting ``The
Secretary of Commerce or Transportation, as a mortgagee under this
chapter,''.
(c) Secretary of Transportation.--Section 31329(d) of such title is
amended by striking ``Secretary.'' and inserting ``Secretary of
Transportation.''.
(d) Mortgagee.--
(1) Section 31330(a)(1) of such title, as amended by
subsection (a)(1) of this section, is amended--
(A) by inserting ``or'' after the semicolon in
subparagraph (B);
(B) by striking ``Secretary; or'' in subparagraph
(C) and inserting ``Secretary.''; and
(C) by striking subparagraph (D).
(2) Section 31330(a)(2) is amended--
(A) by inserting ``or'' after the semicolon in
subparagraph (B);
(B) by striking ``faith; or'' in subparagraph (C)
and inserting ``faith.''; and
(C) by striking subparagraph (D).
SEC. 502. CLARIFICATION OF RULEMAKING AUTHORITY.
(a) In General.--Chapter 701 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 70122. Regulations
``Unless otherwise provided, the Secretary may issue regulations
necessary to implement this chapter.''.
(b) Clerical Amendment.--The chapter analysis for chapter 701 of
such title is amended by adding at the end the following new item:
``70122. Regulations.''.
SEC. 503. COAST GUARD TO MAINTAIN LORAN-C NAVIGATION SYSTEM.
(a) In General.--The Secretary of Transportation shall maintain the
LORAN-C navigation system until such time as the Secretary is
authorized by statute, explicitly referencing this section, to cease
operating the system.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation, in addition to funds
authorized under section 101 of this Act for the Coast Guard for
operation of the LORAN-C system, for capital expenses related to the
LORAN-C infrastructure, $25,000,000 for each of fiscal years 2008 and
2009. The Secretary of Transportation may transfer from the Federal
Aviation Administration and other agencies of the Department of
Transportation such funds as may be necessary to reimburse the Coast
Guard for related expenses.
SEC. 504. NANTUCKET SOUND SHIP CHANNEL WEATHER BUOY.
Within 180 days after the date of enactment of this Act, the
National Weather Service shall deploy a weather buoy adjacent to the
main ship channel of Nantucket Sound.
SEC. 505. LIMITATION ON MARITIME LIENS ON FISHING PERMITS.
(a) In General.--Subchapter I of chapter 313 of title 46, United
States Code, is amended by adding at the end the following:
``Sec. 31310. Limitation on maritime liens on fishing permits
``(a) In General.--A maritime lien shall not attach to a permit
that--
``(1) authorizes use of a vessel to engage in fishing; and
``(2) is issued under State or Federal law.
``(b) Limitation on Enforcement.--No civil action may be brought to
enforce a maritime lien on a permit described in subsection (a).
``(c) Limitation on Statutory Construction.--Nothing in subsections
(a) and (b) shall be construed as imposing any limitation upon the
authority of the Secretary of Commerce to modify, suspend, revoke, or
sanction any Federal fishery permit issued by the Secretary of Commerce
or to bring a civil action to enforce such modification, suspension,
revocation, or sanction.''.
(b) Clerical Amendment.--The analysis for such chapter is amended
by inserting after the item relating to section 31309 the following:
``31310. Limitation on maritime liens on fishing permits.''.
SEC. 506. VESSEL REBUILD DETERMINATIONS.
(a) In General.--The Secretary of the department in which the Coast
Guard is operating shall provide a report on Coast Guard rebuild
determinations under section 67.177 of title 46, Code of Federal
Regulations. Specifically, the report shall provide recommendations
for--
(1) improving the application of the ``major component
test'' under such section;
(2) a review of the application of the steelweight
calculation thresholds under such section;
(3) recommendations for improving transparency in the Coast
Guard's foreign rebuild determination process; and
(4) recommendations on whether or not there should be
limits or cumulative caps on the amount of steel work that can
be done to the hull and superstructure of a vessel in foreign
shipyards over the life of the vessel.
(b) Report Deadline.--The Secretary shall provide this report to
the Senate Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and Infrastructure
within 90 days after the enactment of this Act.
TITLE VI--MARITIME LAW ENFORCEMENT
SEC. 601. MARITIME LAW ENFORCEMENT.
(a) In General.--Subtitle VII of title 46, United States Code, is
amended by adding at the end the following:
``CHAPTER 707--MARITIME LAW ENFORCEMENT
``Sec.
``70701. Offense.
``70702. Attempt or conspiracy.
``70703. Affirmative defenses.
``70704. Penalties.
``70705. Criminal forfeiture.
``70706. Civil forfeiture.
``70707. Extraterritorial jurisdiction.
``70708. Claim of failure to comply with international law;
jurisdiction of court.
``70709. Federal activities.
``70710. Definitions.
``Sec. 70701. Offense
``It shall be unlawful for any person on board a covered vessel to
transport or facilitate the transportation, harboring, or concealment
of an alien on board such vessel knowing or having reason to believe
that the alien is attempting to unlawfully enter the United States.
``Sec. 70702. Attempt or conspiracy
``Any person on board a covered vessel who attempts or conspires to
commit a violation of section 70701 shall be subject to the same
penalties as those prescribed for the violation, the commission of
which was the object of the attempt or conspiracy.
``Sec. 70703. Affirmative defenses
``It is an affirmative defense to a prosecution under this section,
which the defendant must prove by a preponderance of the evidence,
that--
``(1)(A) the alien was on board pursuant to a rescue at
sea, or was a stowaway; or
``(B) the entry into the United States was a necessary
response to an imminent threat of death or serious bodily
injury to the alien;
``(2) the defendant, as soon as reasonably practicable,
informed the Coast Guard of the presence of the alien on the
vessel and the circumstances of the rescue; and
``(3) the defendant complied with all orders given by law
enforcement officials of the United States.
``Sec. 70704. Penalties
``(a) In General.--Any person who commits a violation of this
chapter shall be fined or imprisoned, or both, in accordance with
subsection (b) and (c) of this section. For purposes of subsection (b),
each individual on board a vessel with respect to whom the violation
occurs shall be treated as a separate violation.
``(b) Fines.--Any person who commits a violation of this chapter
shall be fined not more than $100,000, except that--
``(1) in any case in which the violation causes serious
bodily injury to any person, regardless of where the injury
occurs, the person shall be fined not more than $500,000; and
``(2) in any case where the violation causes or results in
the death of any person regardless of where the death occurs,
the person shall be fined not more than $1,000,000, or both.
``(c) Imprisonment.--Any person who commits a violation of this
chapter shall be imprisoned for not less than 3 nor more than 20 years,
except that--
``(1) in any case in which the violation causes serious
bodily injury to any person, regardless of where the injury
occurs, the person shall be imprisoned for not less than 7 nor
more than 30 years; and
``(2) in any case where the violation causes or results in
the death of any person regardless of where the death occurs,
the person shall be imprisoned for not less than 10 years nor
more than life.
``Sec. 70705. Criminal forfeiture
``The court, at the time of sentencing a person convicted of an
offense under this chapter, shall order forfeited to the United States
any vessel used in the offense in the same manner and to the same
extent as if it were a vessel used in an offense under section 274 of
the Immigration and Nationality Act (8 U.S.C. 1324).
``Sec. 70706. Civil forfeiture
``A vessel that has been used in the commission of a violation of
this chapter shall be seized and subject to forfeiture in the same
manner and to the same extent as if it were used in the commission of a
violation of section 274(a) of the Immigration and Nationality Act (8
U.S.C. 1324(a)).
``Sec. 70707. Extraterritorial jurisdiction
``There is extraterritorial jurisdiction of an offense under this
chapter.
``Sec. 70708. Claim of failure to comply with international law;
jurisdiction of court
``A claim of failure to comply with international law in the
enforcement of this chapter may be invoked as a basis for a defense
solely by a foreign nation. A failure to comply with international law
shall not divest a court of jurisdiction or otherwise constitute a
defense to any proceeding under this chapter.
``Sec. 70709. Federal activities
``Nothing in this chapter applies to otherwise lawful activities
carried out by or at the direction of the United States Government.
``Sec. 70710. Definitions
``In this chapter:
``(1) Alien.--The term `alien' has the meaning given that
term in section 70105(f).
``(2) Covered vessel.--The term `covered vessel' means a
vessel of the United States, or a vessel subject to the
jurisdiction of the United States, that is less than 300 gross
tons (or an alternate tonnage prescribed by the Secretary under
section 14104 of this title) as measured under section 14502 of
this title.
``(3) Serious bodily injury.--The term `serious bodily
injury' has the meaning given that term in section 1365 of
title 18, United States Code.
``(4) United states.--The term `United States' has the
meaning given that term in section <DELETED>2101.
</DELETED>114.
``(5) Vessel of the united states.--The term `vessel of the
United States' has the meaning given that term in section
70502.
``(6) Vessel subject to the jurisdiction of the united
states.--The term `vessel subject to the jurisdiction of the
United States' has the meaning given that term in section
70502.''.
(b) Clerical Amendment.--The analysis for such subtitle is amended
by inserting after the item relating to chapter 705 the following:
``707. Maritime Law Enforcement............................. 70701.''.
TITLE VII--OIL POLLUTION PREVENTION
SEC. 701. RULEMAKINGS.
(a) Status Report.--
(1) In general.--Within 90 days after the date of enactment
of this Act, the Secretary shall provide a report to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure on the status of all Coast Guard rulemakings
required (but for which no final rule has been issued as of the
date of enactment of this Act)--
(A) under the Oil Pollution Act of 1990 (33 U.S.C.
2701 et seq.); and
(B) for--
(i) automatic identification systems
required under section 70114 of title 46,
United States Code; and
(ii) inspection requirements for towing
vessels required under section 3306(j) of that
title.
(2) Information required.--The Secretary shall include in
the report required by paragraph (1)--
(A) a detailed explanation with respect to each
such rulemaking as to--
(i) what steps have been completed;
(ii) what areas remain to be addressed; and
(iii) the cause of any delays; and
(B) the date by which a final rule may reasonably
be expected to be issued.
(b) Final Rules.--The Secretary shall issue a final rule in each
pending rulemaking under the Oil Pollution Act of 1990 (33 U.S.C. 2701
et seq.) as soon as practicable, but in no event later than 18 months
after the date of enactment of this Act.
SEC. 702. OIL SPILL RESPONSE CAPABILITY.
(a) Safety Standards for Towing Vessels.--In promulgating
regulations for towing vessels under chapter 33 of title 46, United
States Code, the Secretary of the department in which the Coast Guard
is operating shall--
(1) give priority to completing such regulations for towing
operations involving tank vessels; and
(2) consider the possible application of standards that, as
of the date of enactment of this Act, apply to self-propelled
tank vessels, and any modifications that may be necessary for
application to towing vessels due to ship design, safety, and
other relevant factors.
(b) Reduction of Oil Spill Risk in Buzzards Bay.--No later than
January 1, 2008, the Secretary of the department in which the Coast
Guard is operating shall promulgate a final rule for Buzzards Bay,
Massachusetts, pursuant to the notice of proposed rulemaking published
on March 29, 2006, (71 Fed. Reg. 15649), after taking into
consideration public comments submitted pursuant to that notice, to
adopt measures to reduce the risk of oil spills in Buzzards Bay,
Massachusetts.
(c) Reporting.--The Secretary shall transmit an annual report to
the Senate Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Resources on the extent to which
tank vessels in Buzzards Bay, Massachusetts, are using routes
recommended by the Coast Guard.
SEC. 703. OIL TRANSFERS FROM VESSELS.
(a) Regulations.--Within 1 year after the date of enactment of this
Act, the Secretary shall promulgate regulations to reduce the risks of
oil spills in operations involving the transfer of oil from or to a
tank vessel. The regulations--
(1) shall focus on operations that have the highest risks
of discharge, including operations at night and in inclement
weather; and
(2) shall consider--
(A) requirements for use of equipment, such as
putting booms in place for transfers;
(B) operational procedures such as manning
standards, communications protocols, and restrictions
on operations in high-risk areas; or
(C) both such requirements and operational
procedures.
(b) Application With State Laws.--The regulations promulgated under
subsection (a) do not preclude the enforcement of any State law or
regulation the requirements of which are at least as stringent as
requirements under the regulations (as determined by the Secretary)
that--
(1) applies in State waters;
(2) does not conflict with, or interfere with the
enforcement of, requirements and operational procedures under
the regulations; and
(3) has been enacted or promulgated before the date of
enactment of this Act.
SEC. 704. IMPROVEMENTS TO REDUCE HUMAN ERROR AND NEAR-MISS INCIDENTS.
(a) Report.--Within 1 year after the date of enactment of this Act,
the Secretary shall transmit a report to the Senate Committee on
Commerce, Science, and Transportation, the Senate Committee on
Environment and Public Works, and the House of Representatives
Committee on Transportation and Infrastructure that, using available
data--
(1) identifies the types of human errors that, combined,
account for over 50 percent of all oil spills involving vessels
that have been caused by human error in the past 10 years;
(2) identifies the most frequent types of near-miss oil
spill incidents involving vessels such as collisions,
groundings, and loss of propulsion in the past 10 years;
(3) describes the extent to which there are gaps in the
data with respect to the information required under paragraphs
(1) and (2) and explains the reason for those gaps; and
(4) includes recommendations by the Secretary to address
the identified types of errors and incidents and to address any
such gaps in the data.
(b) Measures.--Based on the findings contained in the report
required by subsection (a), the Secretary shall take appropriate
action, both domestically and at the International Maritime
Organization, to reduce the risk of oil spills from human errors.
SEC. 705. OLYMPIC COAST NATIONAL MARINE SANCTUARY.
(a) Olympic Coast National Marine Sanctuary Area To Be Avoided.--
The Secretary and the Under Secretary of Commerce for Oceans and
Atmosphere shall revise the area to be avoided off the coast of the
State of Washington so that restrictions apply to all vessels required
to prepare a response plan under section 311(j) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(j)) (other than fishing or
research vessels while engaged in fishing or research within the area
to be avoided).
(b) Emergency Oil Spill Drill.--
(1) In general.--In cooperation with the Secretary, the
Under Secretary of Commerce for Oceans and Atmosphere shall
conduct a Safe Seas oil spill drill in the Olympic Coast
National Marine Sanctuary in fiscal year 2008. The Secretary
and the Under Secretary of Commerce for Oceans and Atmosphere
jointly shall coordinate with other Federal agencies, State,
local, and tribal governmental entities, and other appropriate
entities, in conducting this drill.
(2) Other required drills.--Nothing in this subsection
supersedes any Coast Guard requirement for conducting emergency
oil spill drills in the Olympic Coast National Marine
Sanctuary. The Secretary shall consider conducting regular
field exercises, such as National Preparedness for Response
Exercise Program (PREP) in other national marine sanctuaries.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the Under Secretary of Commerce for
Oceans and Atmosphere for fiscal year 2008 $700,000 to carry
out this subsection.
SEC. 706. PREVENTION OF SMALL OIL SPILLS.
(a) In General.--The Under Secretary of Commerce for Oceans and
Atmosphere, in consultation with other appropriate agencies, shall
establish an oil spill prevention and education program for small
vessels. The program shall provide for assessment, outreach, and
training and voluntary compliance activities to prevent and improve the
effective response to oil spills from vessels and facilities not
required to prepare a vessel response plan under the Federal Water
Pollution Control Act, including recreational vessels, commercial
fishing vessels, marinas, and aquaculture facilities. The Under
Secretary may provide grants to sea grant colleges and institutes
designated under section 207 of the National Sea Grant College Program
Act (33 U.S.C. 1126) and to State agencies, tribal governments, and
other appropriate entities to carry out--
(1) regional assessments to quantify the source, incidence
and volume of small oil spills, focusing initially on regions
in the country where, in the past 10 years, the incidence of
such spills is estimated to be the highest;
(2) voluntary, incentive-based clean marina programs that
encourage marina operators, recreational boaters and small
commercial vessel operators to engage in environmentally sound
operating and maintenance procedures and best management
practices to prevent or reduce pollution from oil spills and
other sources;
(3) cooperative oil spill prevention education programs
that promote public understanding of the impacts of spilled oil
and provide useful information and techniques to minimize
pollution including methods to remove oil and reduce oil
contamination of bilge water, prevent accidental spills during
maintenance and refueling and properly cleanup and dispose of
oil and hazardous substances; and
(4) support for programs, including outreach and education
to address derelict vessels and the threat of such vessels
sinking and discharging oil and other hazardous substances,
including outreach and education to involve efforts to the
owners of such vessels.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Under Secretary of Commerce for Oceans and
Atmosphere to carry out this section, $10,000,000 annually for each of
fiscal years 2008 through 2012.
SEC. 707. IMPROVED COORDINATION WITH TRIBAL GOVERNMENTS.
(a) In General.--Within 6 months after the date of enactment of
this Act, the Secretary shall complete the development of a tribal
consultation policy, which recognizes and protects to the maximum
extent practicable tribal treaty rights and trust assets in order to
improve the Coast Guard's consultation and coordination with the tribal
governments of federally recognized Indian tribes with respect to oil
spill prevention, preparedness, response and natural resource damage
assessment.
(b) National Planning.--The Secretary shall assist tribal
governments to participate in the development and capacity to implement
the National Contingency Plan and local Area Contingency Plans to the
extent they affect tribal lands, cultural and natural resources. The
Secretary shall ensure that in regions where oil spills are likely to
have an impact on natural or cultural resources owned or utilized by a
federally recognized Indian tribe, the Coast Guard will--
(1) ensure that representatives of the tribal government of
the potentially affected tribes are included as part of the
regional response team cochaired by the Coast Guard and the
Environmental Protection Agency to establish policies for
responding to oil spills; and
(2) provide training of tribal incident commanders and
spill responders.
(c) Inclusion of Tribal Government.--The Secretary shall ensure
that, as soon as practicable after identifying an oil spill that is
likely to have an impact on natural or cultural resources owned or
utilized by a federally recognized Indian tribe, the Coast Guard will--
(1) ensure that representatives of the tribal government of
the affected tribes are included as part of the incident
command system established by the Coast Guard to respond to the
spill;
(2) share information about the oil spill with the tribal
government of the affected tribe; and
(3) to the extent practicable, involve tribal governments
in deciding how to respond to such spill.
(d) Cooperative Arrangements.--The Coast Guard may enter into
memoranda of agreement and associated protocols with Indian tribal
governments in order to establish cooperative arrangements for oil
pollution prevention, preparedness, and response. Such memoranda may be
entered into prior to the development of the tribal consultation and
coordination policy to provide Indian tribes grant and contract
assistance and may include training for preparedness and response and
provisions on coordination in the event of a spill. As part of these
memoranda of agreement, the Secretary may carry out demonstration
projects to assist tribal governments in building the capacity to
protect tribal treaty rights and trust assets from oil spills to the
maximum extent possible.
(e) Funding for Tribal Participation.--Subject to the availability
of appropriations, the Commandant of the Coast Guard shall provide
assistance to participating tribal governments in order to facilitate
the implementation of cooperative arrangements under subsection (d) and
ensure the participation of tribal governments in such arrangements.
There are authorized to be appropriated to the Commandant $500,000 for
each of fiscal years 2008 through 2012 to be used to carry out this
section.
SEC. 708. REPORT ON THE AVAILABILITY OF TECHNOLOGY TO DETECT THE LOSS
OF OIL.
Within 1 year after the date of enactment of this Act, the
Secretary shall submit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Energy and Commerce on the availability, feasibility, and potential
cost of technology to detect the loss of oil carried as cargo or as
fuel on tank and non-tank vessels greater than 400 gross tons.
SEC. 709. USE OF OIL SPILL LIABILITY TRUST FUND.
Section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)) is amended--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) not more than $15,000,000 in each fiscal year
shall be available to the Under Secretary of Commerce
for Oceans and Atmosphere for expenses incurred by, and
activities related to, response and damage assessment
capabilities of the National Oceanic and Atmospheric
Administration;''.
SEC. 710. INTERNATIONAL EFFORTS ON ENFORCEMENT.
The Secretary, in consultation with the heads of other appropriate
Federal agencies, shall ensure that the Coast Guard pursues stronger
enforcement in the International Maritime Organization of agreements
related to oil discharges, including joint enforcement operations,
training, and stronger compliance mechanisms.
SEC. 711. GRANT PROJECT FOR DEVELOPMENT OF COST-EFFECTIVE DETECTION
TECHNOLOGIES.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall establish a grant program
for the development of cost-effective technologies, such as infrared,
pressure sensors, and remote sensing, for detecting discharges of oil
from vessels as well as methods and technologies for improving
detection and recovery of submerged and sinking oils.
(b) Matching Requirement.--The Federal share of any project funded
under subsection (a) may not exceed 50 percent of the total cost of the
project.
(c) Report to Congress.--Not later than 3 years after the date of
enactment of this Act the Secretary shall provide a report to the
Senate Committee on Commerce, Science, and Transportation, and to the
House of Representatives Committee on Transportation and Infrastructure
on the results of the program.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Commandant to carry out this section $2,000,000 for
each of fiscal years 2008, 2009, and 2010, to remain available until
expended.
(e) Transfer Prohibited.--Administration of the program established
under subsection (a) may not be transferred within the Department of
Homeland Security or to another department or Federal agency.
SEC. 712. HIGHER VOLUME PORT AREA REGULATORY DEFINITION CHANGE.
(a) In General.--Within 30 days after the date of enactment of this
Act, notwithstanding subchapter 5 of title 5, United States Code, the
Commandant shall modify the definition of the term ``higher volume port
area'' in section 155.1020 of the Coast Guard regulations (33 C.F.R.
155.1020) by striking ``Port Angeles, WA'' in paragraph (13) of that
section and inserting ``Cape Flattery, WA'' without initiating a
rulemaking proceeding.
(b) Emergency Response Plan Reviews.--Within 5 years after the date
of enactment of this Act, the Coast Guard shall complete its review of
any changes to emergency response plans pursuant to the Federal Water
Pollution Control Act (33 U.S.C. 1251 et seq.) resulting from the
modification of the higher volume port area definition required by
subsection (a).
SEC. 713. RESPONSE TUGS.
(a) In General.--Paragraph (5) of section 311(j) of the Federal
Water Pollution Control Act (33 U.S.C. 1321(j)) is amended by adding at
the end the following:
``(J) Response tug.--
``(i) In general.--The Secretary shall
require the stationing of a year round response
tug of a minimum of 70-tons bollard pull in the
entry to the Strait of Juan de Fuca at Neah Bay
capable of providing rapid assistance and
towing capability to disabled vessels during
severe weather conditions.
``(ii) Shared resources.--The Secretary may
authorize compliance with the response tug
stationing requirement of clause (i) through
joint or shared resources between or among
entities to which this subsection applies.
``(iii) Existing state authority not
affected.--Nothing in this subparagraph
supersedes or interferes with any existing
authority of a State with respect to the
stationing of rescue tugs in any area under
State law or regulations.
``(iv) Administration.--In carrying out
this subparagraph, the Secretary--
``(I) shall require the vessel
response plan holders to negotiate and
adopt a cost-sharing formula and a
schedule for carrying out this
subparagraph by no later than June 1,
2008;
``(II) shall establish a cost-
sharing formula and a schedule for
carrying out this subparagraph by no
later than July 1, 2008 (without regard
to the requirements of chapter 5 of
title 5, United States Code) if the
vessel response plan holders fail to
adopt the cost-sharing formula and
schedule required by subclause (I) of
this clause by June 1, 2008; and
``(III) shall implement clauses (i)
and (ii) of this subparagraph by June
1, 2008, without a rulemaking and
without regard to the requirements of
chapter 5 of title 5, United States
Code.
``(v) Long term tug capabilities.--Within 6
months after implementing clauses (i) and (ii),
and section 707 of the Coast Guard
Authorization Act for Fiscal Year 2008, the
Secretary shall execute a contract with the
National Academy of Sciences to conduct a study
of regional response tug and salvage needs for
Washington's Olympic coast. In developing the
scope of the study, the National Academy of
Sciences shall consult with Federal, State, and
Tribal trustees as well as relevant
stakeholders. The study--
``(I) shall define the needed
capabilities, equipment, and facilities
for a response tug in the entry to the
Strait of Juan de Fuca at Neah Bay in
order to optimize oil spill protection
on Washington's Olympic coast, provide
rescue towing services, oil spill
response, and salvage and fire-fighting
capabilities;
```(II) shall analyze the tug's
multi-mission capabilities as well as
its ability to utilize cached salvage,
oil spill response, and oil storage
equipment while responding to a spill
or a vessel in distress and make
recommendations as to the placement of
this equipment;
``(III) shall address scenarios
that consider all vessel types and
weather conditions and compare current
Neah Bay tug capabilities, costs, and
benefits with other United States
industry funded response tugs,
including those currently operating in
the entrance of Alaska's Prince William
Sound;
``(IV) shall determine whether the
current level of protection afforded by
the Neah Bay response tug and
associated response equipment is
comparable to protection in other
locations where response tugs operate,
including the entrance of Prince
William Sound, and if it is not
comparable, shall make recommendations
as to how capabilities, equipment, and
facilities should be modified to
achieve <DELETED>optimum </DELETED>such
comparable protection.''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for fiscal year 2008 such sums as
necessary to carry out section 311(j)(5)(J)(v) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(j)(5)(J)(v)).
SEC. 714. TUG ESCORTS FOR LADEN OIL TANKERS.
Within 1 year after the date of enactment of this Act, the
Secretary of State, in consultation with the Commandant, shall enter
into negotiations with the Government of Canada to ensure that tugboat
escorts are required for all tank ships with a capacity over 40,000
deadweight tons in the Strait of Juan de Fuca, Strait of Georgia, and
in Haro Strait. The Commandant shall consult with the State of
Washington and affected tribal governments during negotiations with the
Government of Canada.
SEC. 715. EXTENSION OF FINANCIAL RESPONSIBILITY.
Section 1016(a) of the Oil Pollution Act of 1990 (33 U.S.C.
2716(a)) is amended--
(1) by striking ``or'' after the semicolon in paragraph
(1);
(2) by inserting ``or'' after the semicolon in paragraph
(2); and
(3) by inserting after paragraph (2) the following:
``(3) any tank vessel over 100 gross tons (except a non-
self-propelled vessel that does not carry oil as cargo) using
any place subject to the jurisdiction of the United States;''.
SEC. 716. VESSEL TRAFFIC RISK ASSESSMENTS.
(a) Requirement.--The Commandant of the Coast guard, acting through
the appropriate Area Committee established under section 311(j)(4) of
the Federal Water Pollution Control Act, shall prepare a vessel traffic
risk assessment--
(1) for Cook Inlet, Alaska, within 1 year after the date of
enactment of this Act; and
(2) for the Aleutian Islands, Alaska, within 2 years after
the date of enactment of this Act.
(b) Contents.--Each of the assessments shall describe, for the
region covered by the assessment--
(1) the amount and character of present and estimated
future shipping traffic in the region; and
(2) the current and projected use and effectiveness in
reducing risk, of--
(A) traffic separation schemes and routing
measures;
(B) long-range vessel tracking systems developed
under section 70115 of title 46, United States Code;
(C) towing, response, or escort tugs;
(D) vessel traffic services;
(E) emergency towing packages on vessels;
(F) increased spill response equipment including
equipment appropriate for severe weather and sea
conditions;
(G) the Automatic Identification System developed
under section 70114 of title 46, United States Code;
(H) particularly sensitive sea areas, areas to be
avoided, and other traffic exclusion zones;
(i) aids to navigation; and
(J) vessel response plans.
(c) Recommendations.--
(1) In general.--Each of the assessments shall include any
appropriate recommendations to enhance the safety and security,
or lessen potential adverse environmental impacts, of marine
shipping.
(2) Consultation.--Before making any recommendations under
paragraph (1) for a region, the Area Committee shall consult
with affected local, State, and Federal government agencies,
representatives of the fishing industry, Alaska Natives from
the region, the conservation community, and the merchant
shipping and oil transportation industries.
(d) Provision to Congress.--The Commandant shall provide a copy of
each assessment to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Commandant $1,800,000 for each of fiscal years 2008
and 2009 to conduct the assessments.
SEC. 717. OIL SPILL LIABILITY TRUST FUND INVESTMENT AMOUNT.
Within 30 days after the date of enactment of this Act, the
Secretary of the Treasury shall increase the amount invested in income
producing securities under section 5006(b) of the Oil Pollution Act of
1990 (33 U.S.C. 2736(b)) by $12,851,340.
SEC. 718. LIABILITY FOR USE OF UNSAFE SINGLE-HULL VESSELS.
Section 1001(32) of the Oil Pollution Act of 1990 (33 U.S.C.
2701(32)) is amended by striking subparagraph (A) and inserting the
following:
``(A) Vessels.--In the case of a vessel (other than
a vessel described in section 3703a(b) of title 46,
United States Code)--
``(i) any person owning, operating, or
demise chartering the vessel; and
``(ii) the owner of oil being transported
in a tank vessel with a single hull after
December 31, 2010, if the owner of the oil
knew, or should have known, from publicly
available information that the vessel had a
poor safety or operational record.''.
TITLE VIII--MARITIME HAZARDOUS CARGO SECURITY
SEC. 801. INTERNATIONAL COMMITTEE FOR THE SAFE AND SECURE
TRANSPORTATION OF ESPECIALLY HAZARDOUS CARGO.
(a) In General.--Chapter 701 of title 46, United States Code, is
amended by inserting after section 70109 the following:
``Sec. 70109A. International committee for the safe and secure
transportation of especially hazardous cargo
``(a) In General.--The Secretary, in consultation with the
Secretary of State and other appropriate entities, shall, in a manner
consistent with international treaties, conventions, and agreements to
which the United States is a party, establish a committee within the
International Maritime Organization that includes representatives of
United States trading partners that supply <DELETED>tank or break-bulk
shipments </DELETED>tank, bulk, or break-bulk vessel shipments of
especially hazardous cargo to the United States.
``(b) Safe and Secure Loading, Unloading, and Transportation of
Especially Hazardous Cargoes.--In carrying out this section, the
Secretary, in cooperation with the International Maritime Organization
and in consultation with the International Standards Organization and
shipping industry stakeholders, shall develop protocols, procedures,
standards, and requirements for receiving, handling, loading,
unloading, vessel crewing, and transportation of especially hazardous
cargo to promote the safe and secure operation of ports, facilities,
and vessels that transport especially hazardous cargo to the United
States.
``(c) Deadlines.--The Secretary shall--
``(1) initiate the development of the committee within 180
days after the date of enactment of the Maritime Hazardous
Cargo Security Act; and
``(2) endeavor to have the protocols, procedures,
standards, and requirements developed by the committee take
effect within 3 years after the date of enactment of that Act.
``(d) Reports.--The Secretary shall report annually to the Senate
Committee on Commerce, Science, and Transportation, the House of
Representatives Committee on Transportation and Infrastructure, and the
House of Representatives Committee on Homeland Security on the
development, implementation, and administration of the protocols,
procedures, standards, and requirements developed by the committee
established under subsection (a).''.
(b) Conforming Amendment.--The chapter analysis for chapter 701 of
title 46, United States Code, is amended by inserting after the item
relating the section 70109 the following:
``70109A. International committee for the safe and secure
transportation of especially hazardous
cargo.''.
SEC. 802. VALIDATION OF COMPLIANCE WITH ISPFC STANDARDS.
(a) In General.--Chapter 701 of title 46, United States Code, is
amended by inserting after section 70110 the following:
``70110A. Port safety and security validations
``(a) In General.--The Secretary, in consultation with the
Secretary of State, shall, in a manner consistent with international
treaties, conventions, and agreements to which the United States is a
party, develop and implement a voluntary program under which foreign
ports and facilities can certify their compliance with applicable
International Ship and Port Facility Code standards.
``(b) Third-Party Validation.--
``(1) In general.--In carrying out this section, the
Secretary, in cooperation with the International Maritime
Organization and the International Standards Organization,
shall develop and implement a program under which independent,
third-party entities are certified to validate a foreign port's
or facility's compliance under the program developed under
subsection (a).
``(2) Program components.--The international program shall
include--
``(A) international inspection protocols and
procedures;
``(B) minimum validation standards to ensure a port
or facility meets the applicable International Ship and
Port Facility Code standards;
``(C) recognition for foreign ports or facilities
that exceed the minimum standards;
``(D) uniform performance metrics by which
inspection validations are to be conducted;
``(E) a process for notifying a port or facility,
and its host nation, of areas of concern about the
port's or facility's failure to comply with
International Ship and Port Facility Code standards;
``(F) provisional or probationary validations;
``(G) conditions under which routine monitoring is
to occur if a port or facility receives a provisional
or probationary validation;
``(H) a process by which failed validations can be
appealed; and
``(I) an appropriate cycle for re-inspection and
validation.
``(c) Certification of Third Party Entities.--The Secretary may not
certify a third party entity to validate ports or facilities under
subsection (b) unless--
``(1) the entity demonstrates to the satisfaction of the
Secretary the ability to perform validations in accordance with
the standards, protocols, procedures, and requirements
established by the program implemented under subsection (a);
and
``(2) the entity has no beneficial interest in or any
direct control over the port and facilities being inspected and
validated.
``(d) Monitoring--The Secretary shall regularly monitor and audit
the operations of each third party entity conducting validations under
this section to ensure that it is meeting the minimum standards,
operating protocols, procedures, and requirements established by
international agreement.
``(e) Revocation.--The Secretary shall revoke the certification of
any entity determined by the Secretary not to meet the minimum
standards, operating protocol, procedures, and requirements established
by international agreement for third party entity validations.
``(f) Protection of Security and Proprietary Information.--In
carrying out this section, the Secretary shall take appropriate actions
to protect from disclosure information that--
``(1) is security sensitive, proprietary, or business
sensitive; or
``(2) is otherwise not appropriately in the public domain.
``(g) Deadlines.--The Secretary shall--
``(1) initiate procedures to carry out this section within
180 days after the date of enactment of the Maritime Hazardous
Cargo Security Act; and
``(2) develop standards under subsection (b) for third
party validation within 2 years after the date of enactment of
that Act.
``(h) Reports.--The Secretary shall report annually to the Senate
Committee on Commerce, Science, and Transportation, the House of
Representatives Committee on Transportation and Infrastructure, and the
House of Representatives Committee on Homeland Security on activities
conducted pursuant to this section.''.
(c) Conforming Amendment.--The chapter analysis for chapter 701 of
title 46, United States Code, is amended by inserting after the item
relating to section 70110 the following:
``70110A. Port safety and security validations.''.
SEC. 803. SAFETY AND SECURITY ASSISTANCE FOR FOREIGN PORTS.
(a) In General.--Section 70110(e)(1) of title 46, United States
Code, is amended by striking the second sentence and inserting the
following: ``The Secretary shall establish a strategic plan to utilize
those assistance programs to assist ports and facilities that are found
by the Secretary under subsection (a) not to maintain effective
antiterrorism measures in the implementation of port security
antiterrorism measures.''.
(b) Conforming Amendments.--
(1) Section 70110 of title 46, United States Code, is
amended--
(A) by inserting ``or facilities'' after ``ports''
in the section heading;
(B) by inserting ``or facility'' after ``port''
each place it appears; and
(C) by striking ``Ports'' in the heading for
subsection (e) and inserting ``Ports, Facilities,''.
(2) The chapter analysis for chapter 701 of title 46,
United States Code, is amended by striking the item relating to
section 70110 and inserting the following:
``70110. Actions and assistance for foreign ports or facilities and
United States territories.''.
SEC. 804. COAST GUARD PORT ASSISTANCE PROGRAM.
Section 70110 of title 46, United States Code, is amended by adding
at the end thereof the following:
``(f) Coast Guard Assistance Program.--
``(1) In general.--The Secretary may lend, lease, donate,
or otherwise provide equipment, and provide technical training
and support, to the owner or operator of a foreign port or
facility--
``(A) to assist in bringing the port or facility
into compliance with applicable International Ship and
Port Facility Code standards;
``(B) to assist the port or facility in meeting
standards established under section 70109A of this
chapter; and
``(C) to assist the port or facility in exceeding
the standards described in subparagraph (A) and (B).
``(2) Conditions.--The Secretary--
``(A) shall provide such assistance based upon an
assessment of the risks to the security of the United
States and the inability of the owner or operator of
the port or facility otherwise to bring the port or
facility into compliance with those standards and to
maintain compliance with them;
``(B) may not provide such assistance unless the
facility or port has been subjected to a comprehensive
port security assessment by the Coast Guard or a third
party entity certified by the Secretary under section
70110A(b) to validate foreign port or facility
compliance with International Ship and Port Facility
Code standards; and
``(C) may only lend, lease, or otherwise provide
equipment that the Secretary has first determined is
not required by the Coast Guard for the performance of
its missions.''.
SEC. 805. EHC FACILITY RISK-BASED COST SHARING.
The Commandant shall identify facilities sited or constructed on or
adjacent to the navigable waters of the United States that receive,
handle, load, or unload especially hazardous cargos that pose a risk
greater than an acceptable risk threshold, as determined by the
Secretary under a uniform risk assessment methodology. The Secretary
may establish a security cost-share plan to assist the Coast Guard in
providing security for the transportation of especially hazardous cargo
to such facilities.
SEC. 806. TRANSPORTATION SECURITY INCIDENT MITIGATION PLAN.
Section 70103(b)(2) of title 46, United States Code, is amended--
(1) by redesignating subparagraphs (E) through (G) as
subparagraphs (F) through (H), respectively; and
(2) by inserting after subparagraph (D) the following:
``(E) establish regional response and recovery protocols to
prepare for, respond to, mitigate against, and recover from a
transportation security incident consistent with section 202 of
the Security and Accountability for Every Port Act of 2006 (6
U.S.C. 942) and section 70103(a) of title 46, United States
Code;''.
SEC. 807. INCIDENT COMMAND SYSTEM TRAINING.
The Secretary shall ensure that Federal, State, and local personnel
responsible for the safety and security of vessels in port carrying
especially hazardous cargo have successfully completed training in the
Department of Homeland Security's incident command system protocols.
SEC. 808. PRE-POSITIONING INTEROPERABLE COMMUNICATIONS EQUIPMENT AT
INTERAGENCY OPERATIONAL CENTERS.
Section 70107A of title 46, United States Code, is amended--
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Deployment of Interoperable Communications Equipment at
Interagency Operational Centers.--
``(1) In general.--The Secretary shall ensure that
interoperable communications technology is deployed at all
interagency operational centers established under subsection
(a).
``(2) Considerations.--In carrying out paragraph (1), the
Secretary shall consider the continuing technological evolution
of communications technologies and devices, with its implicit
risk of obsolescence, and shall ensure, to the maximum extent
feasible, that a substantial part of the technology deployed
involves prenegotiated contracts and other arrangements for
rapid deployment of equipment, supplies, and systems rather
than the warehousing or storage of equipment and supplies
currently available at the time the technology is deployed.
``(3) Requirements and characteristics.--The interoperable
communications technology deployed under paragraph (1) shall--
``(A) be capable of re-establishing communications
when existing infrastructure is damaged or destroyed in
an emergency or a major disaster;
``(B) include appropriate current, widely-used
equipment, such as Land Mobile Radio Systems, cellular
telephones and satellite equipment, Cells-On-Wheels,
Cells-On-Light-Trucks, or other self-contained mobile
cell sites that can be towed, backup batteries,
generators, fuel, and computers;
``(C) include contracts (including prenegotiated
contracts) for rapid delivery of the most current
technology available from commercial sources;
``(D) include arrangements for training to ensure
that personnel are familiar with the operation of the
equipment and devices to be delivered pursuant to such
contracts; and
``(E) be utilized as appropriate during live area
exercises conducted by the United States Coast Guard.
``(4) Additional characteristics.--Portions of the
communications technology deployed under paragraph (1) may be
virtual and may include items donated on an in-kind
contribution basis.
``(5) Rule of construction.--Nothing in this subsection
shall be construed or interpreted to preclude the use of funds
under this section by the Secretary for interim or long-term
Internet Protocol-based interoperable solutions,
notwithstanding compliance with the Project 25 standard.''.
SEC. 809. DEFINITIONS.
In this title:
(1) Commandant.--The term ``Commandant'' means the
Commandant of the Coast Guard.
(2) Especially hazardous cargo.--The term ``especially
hazardous cargo'' means any substance identified by the
Secretary of the department in which the Coast Guard is
operating as especially hazardous <DELETED>cargo.
</DELETED>cargo transported by tank, bulk, or break-bulk
vessel.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the department in which the Coast Guard is operating.
TITLE IX--MISCELLANEOUS PROVISIONS
SEC. 901. MARINE MAMMALS AND SEA TURTLES REPORT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, and annually thereafter, the Secretary of the department
in which the Coast Guard is operating shall provide a report to the
Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Transportation and Infrastructure on
Coast Guard activities with respect to the protection of marine mammals
and sea turtles under United States statutes and international
agreements.
(b) Required Content.--The Secretary shall include in the report,
at a minimum--
(1) a detailed summary of actions that the Coast Guard has
undertaken annually from fiscal year 2000 through fiscal year
2007 with respect to enforcement efforts, and cooperative
agreements and activities with other Federal and State
agencies, training programs, and other initiatives;
(2) an annual summary for fiscal year 2000 through fiscal
year 2007 by Coast Guard district of the level of effort
measured by personnel hours and other available data, for
enforcement of the Lacey Act Amendments of 1981 (16 U.S.C. 3371
et seq.), the Endangered Species Act (16 U.S.C. 1531 et seq.),
and the Marine Mammal Protection Act (16 U.S.C. 1361 et seq.)
as well as international agreements that include provisions on
sea turtles or marine mammals to which the United States is a
party; and
(3) a summary of any new Coast Guard initiatives for this
mission area.
SEC. 902. UMPQUA LIGHTHOUSE LAND CONVEYANCE.
(a) Conveyance Authorized.--
(1) In general.--The Commandant of the Coast Guard may
convey to Douglas County, Oregon, all right, title, and
interest of the United States in and to the Umpqua Lighthouse
property, including improvements thereon, for the purpose of
permitting the County to use the property as a park.
(2) Property description.--
(A) In general.--The Umpqua Lighthouse property is
the parcel of approximately 14.81 acres of Coast Guard
controlled land located in the NW \1/4\ of sec. 13, T.
22 S., R. 13 W., Willamette Meridian, and identified as
Exhibit A on the aerial map entitled ``U.S. Coast Guard
Property at Salmon Harbor/Winchester Bay, Oregon''
dated February 22, 2006.
(B) Surveys.--The exact acreage and legal
description of the real property to be conveyed under
subsections (a) and (c) shall be determined by surveys
satisfactory to the Commandant. The cost of the surveys
shall be borne by the County.
(b) Use of property conveyed.--Notwithstanding section 59.3 of
title 36, Code of Federal Regulations (or any successor regulation),
and the limitations on the use of land provided assistance under the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et
seq.), the real property to be conveyed under this section may be
converted to a use other than a public outdoor recreation use.
(c) Provision of Replacement Facilities.--
(1) In general.--As consideration for the conveyance
authorized by subsection (a), the County--
(A) may, at its expense design and construct the
replacement facilities for the Coast Guard to replace
the facilities conveyed under that subsection;
(B) may design and construct the replacement
facilities to the specifications of the Commandant; and
(C) may construct the replacement facilities upon a
parcel of real property determined by the Commandant to
be an appropriate location for the replacement
facilities; and
(2) shall convey to the United States all right, title, and
interest in and to the replacement facilities and the parcel of
real property on which the facilities are located.
(d) Memorandum of Agreement.--The County and the Commandant may
enter into a memorandum of agreement to effectuate the transactions
authorized by this section.
(e) Additional Terms and Conditions.--The Commandant may require
such additional terms and conditions in connection with the conveyance
under subsection (a) as the Commandant considers appropriate to protect
the interests of the United States.
(f) Limitation.--Nothing in this section compels the County or the
Commandant to execute a memorandum of agreement or deed, except upon
such terms and conditions that the County and the Commandant may
consider appropriate, in the exercise of their discretion, to protect
the interests of the County and the United States.
SEC. 903. TRANSFER OF LANDS TO BE HELD IN TRUST.
(a) In General.--As soon as practical but not later than 3 years
after the date of enactment of this Act, the Commandant of the Coast
Guard shall take such actions as are necessary to transfer
administrative jurisdiction over lands, including all structures and
buildings on lands, depicted on the maps prepared pursuant to
subsection (c) of this section to the Secretary of the Interior to hold
in trust for the benefit of the Confederated Tribes of the Coos, Lower
Umpqua, and Siuslaw Indians.
(b) Conditions of Transfer.--
(1) Prior to the transfer of administrative jurisdiction
over the lands, the Coast Guard, in its sole discretion, shall
execute actions required to comply with applicable
environmental and cultural resources law.
(2) Upon such transfer to the Secretary of the Interior,
the lands shall be held in trust by the United States for the
Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw
Indians, Oregon, and shall be part of the Confederated Tribes
of Coos, Lower Umpqua, and Siuslaw's Reservation.
(c) Map and Legal Description of Land.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Commandant shall file maps entitled
``Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw
Land Transfer Maps'', which shall depict and provide a legal
description of the parcels to be transferred in Coos County,
Oregon, totaling approximately 24.0 acres in the areas commonly
known as Gregory Point and Chief's Island, with--
(A) the Senate Committee on Commerce, Science, and
Transportation;
(B) the House of Representatives Committee on
Transportation and Infrastructure; and
(C) the Secretary of the Interior.
(2) Force of law.--The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Commandant may correct
typographical errors in the maps and each legal description.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate office of the Department
of the Interior.
(d) Use of Coast Guard Aids to Navigation.--The Coast Guard may
retain easements, or other property interests as may be necessary,
across the property described in subsection (c) for access to aids to
navigation located on the lands so long as such aids may be required by
the Coast Guard.
(e) Maintenance of Cape Arago Light Station.--
(1) The conveyance of Cape Arago Light Station on Chief's
Island by the Coast Guard shall be made on condition that the
Confederated Tribes of the Coos, Lower Umpqua and Siuslaw
Indians shall--
(A) use and make reasonable efforts to maintain the
Cape Arago Light Station in accordance with the
National Historic Preservation Act (16 U.S.C. 470 et
seq.), the Secretary of the Interior's Standards for
the Treatment of Historic Properties set forth in part
68 of title 36, Code of Federal Regulations, and other
applicable laws, and submit any proposed changes to the
Cape Arago Light Station for review and approval by the
Secretary of the Interior in consultation with the
Oregon State Historic Preservation Officer, for
consistency with section 800.5(a)(2)(vii) of title 36,
Code of Federal Regulations, and the Secretary of the
Interior's Standards for Rehabilitation, set forth in
part 67.7 of title 36, Code of Federal Regulations;
(B) make the Cape Arago Light Station available for
education, park, recreation, cultural, or historic
preservation purposes for the general public at
reasonable times and under reasonable conditions;
(C) not sell, convey, assign, exchange, or encumber
the Cape Arago Light Station, any part thereof, or any
associated historic artifact conveyed in conjunction
with the transfer under this section unless such sale,
conveyance, assignment, exchange, or encumbrance is
approved by Secretary of the Interior;
(D) not conduct any commercial activities at the
Cape Arago Light Station, any part thereof, or in
connection with any historic artifact conveyed in
conjunction with the transfer under this section in any
manner, unless such commercial activities are approved
by the Secretary of the Interior; and
(E) allow the United States, at any time, to enter
the Cape Arago Light Station without notice, for
purposes of ensuring compliance with this section, to
the extent that it is not possible to provide advance
notice.
(2) The Cape Arago Light Station, or any associated
historic artifact conveyed in conjunction with the transfer
under this section, at the option of the Secretary of the
Interior, shall revert to the United States and be placed under
the administrative control of the Secretary of the Interior if
the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw
Indians fail to meet any condition described in paragraph (1).
(f) Tribal Fishing Rights.--No fishing right of the Confederated
Tribes of the Coos, Lower Umpqua, and Siuslaw Indians in existence on
the date of enactment of this Act shall be enlarged, impaired, or
otherwise affected by the transfer under this section.
SEC. 904. DATA.
In each of fiscal years 2008 through 2010, there are authorized to
be appropriated to the Administrator of the National Oceanic and
Atmospheric Administration $7,000,000 to acquire through the use of
unmanned aerial vehicles data to improve the management of natural
disasters, the safety of marine and aviation transportation, and
fisheries enforcement.
SEC. 905. EXTENSION.
Section 607 of the Coast Guard and Maritime Transportation Act of
2006 is amended--
(1) by adding at the end of subsection (c) the following:
``(3) Update.--One year after the date of the report
required by paragraph (2), and annually thereafter until its
termination, the Committee shall update its report to adjust
priorities as necessary and include progress made on measures
prioritized in the most recent report and submit the report to
the entities referred to in paragraph (1).'';
(2) by striking ``Chairman.'' in subsection (d)(2) and
inserting ``Chairman, but not less than once every 90 days.'';
<DELETED>(1) </DELETED>(3) by striking ``2007'' in
subsection (h) and inserting ``2012''; and
<DELETED>(2) </DELETED>(4) by striking ``terminate'' and
all that follows in subsection (i) and inserting ``terminate on
September 30, 2012.''.
SEC. 906. FORWARD OPERATING FACILITY.
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
may construct or lease hangar, berthing, and messing facilities in the
Aleutian Island-Bering Sea operating area. These facilities shall--
(1) support aircraft maintenance, including exhaust
ventilation, heat, engine wash system, head facilities, fuel,
ground support services, and electrical power; and
(2) shelter for both current helicopter assets and those
projected to be located at Air Station Kodiak, Alaska for up to
20 years.
SEC. 907. ENCLOSED HANGAR AT AIR STATION BARBERS POINT, HAWAII.
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
may construct an enclosed hangar at Air Station Barbers Point, Hawaii.
The hangar shall--
(1) support aircraft maintenance, including exhaust
ventilation, heat, engine wash system, head facilities, fuel,
ground support services, and electrical power; and
(2) shelter all current aircraft assets and those projected
to be located at Air Station Barbers Point, Hawaii, over the
next 20 years.
SEC. 908. 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--
(A) at the place where the vessel is located; and
(B) without cost to the Government.
(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. 909. CONVEYANCE OF THE PRESQUE ISLE LIGHT STATION FRESNEL LENS TO
PRESQUE ISLE TOWNSHIP, MICHIGAN.
(a) Conveyance of Lens Authorized.--
(1) Transfer of possession.--Notwithstanding any other
provision of law, the Commandant of the Coast Guard may
transfer to Presque Isle Township, a township in Presque Isle
County in the State of Michigan (in this section referred to as
the ``Township''), possession of the Historic Fresnel Lens (in
this section referred to as the ``Lens'') from the Presque Isle
Light Station Lighthouse, Michigan (in this section referred to
as the ``Lighthouse'').
(2) Condition.--As a condition of the transfer of
possession authorized by paragraph (1), the Township shall, not
later than one year after the date of transfer, install the
Lens in the Lighthouse for the purpose of operating the Lens
and Lighthouse as a Class I private aid to navigation pursuant
to section 85 of title 14, United States Code, and the
applicable regulations under that section.
(3) Conveyance of lens.--Upon the certification of the
Commandant that the Township has installed the Lens in the
Lighthouse and is able to operate the Lens and Lighthouse as a
private aid to navigation as required by paragraph (2), the
Commandant shall convey to the Township all right, title, and
interest of the United States in and to the Lens.
(4) Cessation of united states operations of aids to
navigation at lighthouse.--Upon the making of the certification
described in paragraph (3), all active Federal aids to
navigation located at the Lighthouse shall cease to be operated
and maintained by the United States.
(b) Reversion.--
(1) Reversion for failure of aid to navigation.--If the
Township does not comply with the condition set forth in
subsection (a)(2) within the time specified in that subsection,
the Township shall, except as provided in paragraph (2), return
the Lens to the Commandant at no cost to the United States and
under such conditions as the Commandant may require.
(2) Exception for historical preservation.--Notwithstanding
the lack of compliance of the Township as described in
paragraph (1), the Township may retain possession of the Lens
for installation as an artifact in, at, or near the Lighthouse
upon the approval of the Commandant. The Lens shall be retained
by the Township under this paragraph under such conditions for
the preservation and conservation of the Lens as the Commandant
shall specify for purposes of this paragraph. Installation of
the Lens under this paragraph shall occur, if at all, not later
than two years after the date of the transfer of the Lens to
the Township under subsection (a)(1).
(3) Reversion for failure of historical preservation.--If
retention of the Lens by the Township is authorized under
paragraph (2) and the Township does not install the Lens in
accordance with that paragraph within the time specified in
that paragraph, the Township shall return the lens to the Coast
Guard at no cost to the United States and under such conditions
as the Commandant may require.
(c) Conveyance of Additional Personal Property.--
(1) Transfer and conveyance of personal property.--
Notwithstanding any other provision of law, the Commandant may
transfer to the Township any additional personal property of
the United States related to the Lens that the Commandant
considers appropriate for conveyance under this section. If the
Commandant conveys the Lens to the Township under subsection
(a)(3), the Commandant may convey to the Township any personal
property previously transferred to the Township under this
subsection.
(2) Reversion.--If the Lens is returned to the Coast Guard
pursuant to subsection (b), the Township shall return to the
Coast Guard all personal property transferred or conveyed to
the Township under this subsection except to the extent
otherwise approved by the Commandant.
(d) Conveyance Without Consideration.--The conveyance of the Lens
and any personal property under this section shall be without
consideration.
(e) Delivery of Property.--The Commandant shall deliver property
conveyed under this section--
(1) at the place where such property is located on the date
of the conveyance;
(2) in condition on the date of conveyance; and
(3) without cost to the United States.
(f) Maintenance of Property.--As a condition of the conveyance of
any property to the Township under this section, the Commandant shall
enter into an agreement with the Township under which the Township
agrees--
(1) to operate the Lens as a Class I private aid to
navigation under section 85 of title 14, United States Code,
and application regulations under that section; and
(2) to hold the United States harmless for any claim
arising with respect to personal property conveyed under this
section.
(g) Limitation on Future Conveyance.--The instruments providing for
the conveyance of property under this section shall--
(1) require that any further conveyance of an interest in
such property may not be made without the advance approval of
the Commandant; and
(2) provide that, if the Commandant determines that an
interest in such property was conveyed without such approval--
(A) all right, title, and interest in such property
shall revert to the United States, and the United
States shall have the right to immediate possession of
such property; and
(B) the recipient of such property shall pay the
United States for costs incurred by the United States
in recovering such property.
(h) Additional Terms and Conditions.--The Commandant may require
such additional terms and conditions in connection with the conveyances
authorized by this section as the Commandant considers appropriate to
protect the interests of the United States.
SEC. 910. REPEALS.
The following sections are repealed:
(1) Section 689 of title 14, United States Code, and the
item relating to such section in the analysis for chapter 18 of
such title.
(2) Section 216 of title 14, United States Code, and the
item relating to such section in the analysis for chapter 11 of
such title.
SEC. 911. REPORT ON SHIP TRAFFIC.
(a) Report.--No later than 1 year after the date of enactment of
this Act and annually thereafter, the Secretary of the department in
which the Coast Guard is operating shall provide a report to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure on the
volume of foreign flag ships entering waters subject to the
jurisdiction of the United States. The report may be submitted in
classified format if the Secretary deems it to be necessary for
national security.
(b) Contents.--The report shall include a breakdown of the number
or percentage of such foreign flag ships that--
(1) enter a United States port or place;
(2) do not enter a United States port or place but pass
through the territorial sea of the United States; or
(3) do not enter a United States port or place but pass
only through the exclusive economic zone of the United States.
(c) Definitions.--In this section:
(1) Exclusive economic zone.--The term ``exclusive economic
zone'' means the Exclusive Economic Zone of the United States
established by Proclamation Number 5030, dated March 10, 1983
(16 U.S.C. 1453 note).
(2) Territorial sea.--The term ``territorial sea'' means
the waters of the Territorial Sea of the United States under
Presidential Proclamation 5928, dated December 27, 1988 (43
U.S.C. 1331 note).
SEC. 912. SMALL VESSEL EXCEPTION FROM DEFINITION OF FISH PROCESSING
VESSEL.
Section 2101(11b) of title 46, United States Code, is amended by
striking ``chilling.'' and inserting ``chilling, but does not include a
fishing vessel operating in Alaskan waters under a permit or license
issued by Alaska that--
(A) fillets only salmon taken by that vessel;
(B) fillets less than 5 metric tons of such salmon during
any 7-day period.''.
SEC. 913. 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 to select and take without consideration fee
simple title to 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
that are not authorized or required by another provision of law to be
conveyed to another person.
(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 operations.
(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. 914. SHIP DISPOSAL WORKING GROUP.
(a) In General.--Within 30 days after the date of enactment of this
Act, the Secretary of Transportation shall convene a working group,
composed of senior representatives from the Maritime Administration,
the Coast Guard, the Environmental Protection Agency, the National
Oceanic and Atmospheric Administration, and the United States Navy. The
Secretary may request the participation of senior representatives of
any other Federal department or agency, as appropriate, and shall
consult with appropriate State environmental agencies. The working
group shall review and make recommendations on environmental practices
for the storage and disposal of obsolete vessels owned or operated by
the Federal Government.
(b) Scope.--Among the vessels to be considered by the working group
are Federally owned or operated vessels that are--
(A) to be scrapped or recycled;
(B) to be used as artificial reefs; or
(C) to be used for the Navy's SINKEX program.
(c) Purpose.--The working group shall--
(1) examine current storage and disposal policies,
procedures, and practices for obsolete vessels owned or
operated by Federal agencies;
(2) examine Federal and State laws and regulations
governing such policies, procedures, and practices and any
applicable environmental laws; and
(3) within 90 days after the date of enactment of this Act,
submit a plan to the Senate Committee on Commerce, Science, and
Transportation, the Senate Committee on Environment and Public
Works, and the House of Representatives Committee on Armed
Services to improve and harmonize practices for storage and
disposal of such vessels, including the interim transportation
of such vessels.
(d) Contents of Plan.--The working group shall include in the plan
submitted under subsection (c)(3)--
(1) a description of existing measures for the storage,
disposal, and interim transportation of obsolete vessels owned
or operated by Federal agencies in compliance with Federal and
State environmental laws in a manner that protects the
environment;
(2) a description of Federal and State laws and regulations
governing current policies, procedures, and practices for the
storage, disposal, and interim transportation of such vessels;
(3) recommendations for environmental best practices that
meet or exceed, and harmonize, the requirements of Federal
environmental laws and regulations applicable to the storage,
disposal, and interim transportation of such vessels;
(4) recommendations for environmental best practices that
meet or exceed the requirements of State laws and regulations
applicable to the storage, disposal, and interim transportation
of such vessels;
(5) procedures for the identification and remediation of
any environmental impacts caused by the storage, disposal, and
interim transportation of such vessels; and
(6) recommendations for necessary steps, including
regulations if appropriate, to ensure that best environmental
practices apply to all such vessels.
(e) Implementation of Plan.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the head of each Federal department or
agency participating in the working group, in consultation with
the other Federal departments and agencies participating in the
working group, shall take such action as may be necessary,
including the promulgation of regulations, under existing
authorities to ensure that the implementation of the plan
provides for compliance with all Federal and State laws and for
the protection of the environment in the storage, interim
transportation, and disposal of obsolete vessels owned or
operated by Federal agencies.
(2) Armed services vessels.--The Secretary and the
Secretary of Defense, in consultation with the Administrator of
the Environmental Protection Agency, shall each ensure that
environmental best practices are observed with respect to the
storage, disposal, and interim transportation of obsolete
vessels owned or operated by the Department of Defense.
(f) Rule of Construction.--Nothing in this section shall be
construed to supersede, limit, modify, or otherwise affect any other
provision of law, including environmental law.
SEC. 915. FULL MULTI-MISSION RESPONSE STATION IN VALDEZ, ALASKA.
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
may construct a full multi-mission Coast Guard Response Station in
Valdez, Alaska. The Station shall include shore and maintenance
infrastructure facilities to support all current and projected Coast
Guard waterborne security forces to be located in Valdez, Alaska, over
the next 20 years.
SEC. 916. PROTECTION AND FAIR TREATMENT OF SEAFARERS.
(a) In General.--Chapter 5 of title 14, United States Code, is
amended by inserting after section 89 the following:
``Sec. 89a. Protection and fair treatment of seafarers
``(a) Authority of the Secretary.--
``(1) In general.--The Secretary is authorized--
``(A) to require a bond or surety satisfactory as
an alternative to withholding or revoking clearance
required under section 60105 of title 46 if, in the
opinion of the Secretary, such bond or surety
satisfactory is necessary to facilitate an
investigation, reporting, documentation, or
adjudication of any matter that is related to the
administration or enforcement of any treaty, law, or
regulation by the Coast Guard, provided that corporate
sureties underwriting any such bonds be certified by
the Department of the Treasury to write Federal bonds
under sections 9304 and 9305 of title 31;
``(B) at the discretion of the Secretary, to pay,
in whole or in part, without further appropriation and
without fiscal year limitation, from amounts in the
Fund, necessary support of--
``(i) any seafarer who enters, remains, or
has been paroled into the United States and is
involved in an investigation, reporting,
documentation, or adjudication of any matter
that is related to the administration or
enforcement of any treaty, law, or regulation
by the Coast Guard; and
``(ii) any seafarer whom the Secretary
finds to have been abandoned in the United
States; and
``(C) at the sole discretion of the Secretary, to
reimburse, in whole or in part, without further
appropriation and without fiscal year limitation, from
amounts in the Fund, a shipowner, who has filed a bond
or surety satisfactory pursuant to subparagraph (A) of
this paragraph and provided necessary support of a
seafarer who has been paroled into the United States to
facilitate an investigation, reporting, documentation,
or adjudication of any matter that is related to the
administration or enforcement of any treaty, law, or
regulation by the Coast Guard, for costs of necessary
support, when the Secretary deems reimbursement
necessary to avoid serious injustice.
``(2) Application.--The authority to require a bond or a
surety satisfactory or to request the withholding or revocation
of the clearance required under section 60105 of title 46 is
applicable to any investigation, reporting, documentation, or
adjudication of any matter that is related to the
administration or enforcement of any treaty, law, or regulation
by the Coast Guard.
``(3) Limitations.--Nothing in this section shall be
construed--
``(A) to create a right, benefit, or entitlement to
necessary support; or
``(B) to compel the Secretary to pay, or reimburse
the cost of, necessary support.
``(b) Fund.--
``(1) In general.--There is established in the Treasury a
special fund known as the `Support of Seafarers Fund'.
``(2) Availability.--The amounts covered into the Fund
shall be available to the Secretary, without further
appropriation and without fiscal year limitation--
``(A) to pay necessary support, pursuant to
subsection (a)(1)(B) of this section; and
``(B) to reimburse a shipowner for necessary
support, pursuant to subsection (a)(1)(C) of this
section.
``(3) Receipts.--Notwithstanding any other provision of
law, the Fund shall be authorized to receive--
``(A) amounts reimbursed or recovered pursuant to
subsection (c) of this section;
``(B) amounts appropriated to the Fund pursuant to
subsection (f) of this section; and
``(C) appropriations available to the Secretary for
transfer.
``(4) Limitation on certain credits.--The Fund may receive
credits pursuant to paragraph (3)(A) of this subsection only
when the unobligated balance of the Fund is less than
$5,000,000.
``(5) Report required.--
``(A) Except as provided in subparagraph (B) of
this paragraph, the Secretary shall not obligate any
amount in the Fund in a given fiscal year unless the
Secretary has submitted to Congress, concurrent with
the President's budget submission for that fiscal year,
a report that describes--
``(i) the amounts credited to the Fund,
pursuant to paragraph (3) of this section, for
the preceding fiscal year;
``(ii) a detailed description of the
activities for which amounts were charged; and
``(iii) the projected level of expenditures
from the Fund for the coming fiscal year, based
on--
``(I) on-going activities; and
``(II) new cases, derived from
historic data.
``(B) The limitation in subparagraph (A) of this
paragraph shall not apply to obligations during the
first fiscal year during which amounts are credited to
the Fund.
``(6) Fund manager.--The Secretary shall designate a Fund
manager, who shall--
``(A) ensure the visibility and accountability of
transactions utilizing the Fund;
``(B) prepare the report required pursuant to
paragraph (5) of this subsection; and
``(C) monitor the unobligated balance of the Fund
and provide notice to the Secretary and the Attorney
General whenever the unobligated balance of the Fund is
less than $5,000,000.
``(c) Reimbursements--
``(1) Recovery.--Any shipowner--
``(A)(i) who, during the course of an
investigation, reporting, documentation, or
adjudication of any matter that the Coast Guard
referred to a United States Attorney or the Attorney
General, fails to provide necessary support of a
seafarer who has been paroled into the United States to
facilitate the investigation, reporting, documentation,
or adjudication, and
``(ii) against whom a criminal penalty is
subsequently imposed, or
``(B) who, under any circumstance, abandons a
seafarer in the United States, as determined by the
Secretary,
shall reimburse the Fund an amount equal to the total amount
paid from the Fund for necessary support of the seafarer, plus
a surcharge of 25 per cent of such total amount.
``(2) Enforcement.--If a shipowner fails to reimburse the
Fund as required under paragraph (1) of this subsection, the
Secretary may--
``(A) proceed in rem against any vessel of the
shipowner in the Federal district court for the
district in which such vessel is found; and
``(B) withhold or revoke the clearance, required by
section 60105 of title 46, of any vessel of the
shipowner wherever such vessel is found.
``(3) Clearance.--Whenever clearance is withheld or revoked
pursuant to paragraph (2)(B) of this subsection, clearance may
be granted if the shipowner reimburses the Fund the amount
required under paragraph (1) of this subsection.
``(d) Definitions.--In this section:
``(1) Abandons; abandoned.--The term `abandons' or
`abandoned' means a shipowner's unilateral severance of ties
with a seafarer or the shipowner's failure to provide necessary
support of a seafarer;
``(2) Bond or surety satisfactory.--The term `bond or
surety satisfactory' means a negotiated instrument, the terms
of which may, at the discretion of the Secretary, include
provisions that require the shipowner to--
``(A) provide necessary support of a seafarer who
has or may have information pertinent to an
investigation, reporting, documentation, or
adjudication of any matter that is related to the
administration or enforcement of any treaty, law, or
regulation by the Coast Guard;
``(B) facilitate an investigation, reporting,
documentation, or adjudication of any matter that is
related to the administration or enforcement of any
treaty, law, or regulation by the Coast Guard;
``(C) stipulate to certain incontrovertible facts,
including, but not limited to, the ownership or
operation of the vessel, or the authenticity of
documents and things from the vessel;
``(D) facilitate service of correspondence and
legal papers;
``(E) enter an appearance in Federal district
court;
``(F) comply with directions regarding payment of
funds;
``(G) name an agent in the United States for
service of process;
``(H) make stipulations as to the authenticity of
certain documents in Federal district court;
``(I) provide assurances that no discriminatory or
retaliatory measures will be taken against a seafarer
involved in an investigation, reporting, documentation,
or adjudication of any matter that is related to the
administration or enforcement of any treaty, law, or
regulation by the Coast Guard;
``(J) provide financial security in the form of
cash, bond, or other means acceptable to the Secretary;
and
``(K) provide for any other appropriate measures as
the Secretary deems necessary to ensure the Government
is not prejudiced by granting the clearance required by
section 60105 of title 46.
``(3) Fund.--The term `Fund' means the Support of Seafarers
Fund, established by subsection (b);
``(4) Necessary support.--The term `necessary support'
means normal wages, lodging, subsistence, clothing, medical
care (including hospitalization), repatriation, and any other
expense the Secretary deems appropriate;
``(5) Seafarer.--The term `seafarer' means an alien crewman
who is employed or engaged in any capacity on board a vessel
subject to the jurisdiction of the United States;
``(6) Shipowner.--The term `shipowner' means the individual
or entity that owns, has an ownership interest in, or operates
a vessel subject to the jurisdiction of the United States;
``(7) Vessel subject to the jurisdiction of the united
states.--The term `vessel subject to the jurisdiction of the
United States' has the same meaning it has in section 70502(c)
of title 46, except that it excludes a vessel owned or bareboat
chartered and operated by the United States, by a State or
political subdivision thereof, or by a foreign nation, except
when such vessel is engaged in commerce.
``(e) Regulations.--The Secretary is authorized to promulgate
regulations to implement this subsection.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund $1,500,000 for each of fiscal years 2009,
2010, and 2011.''.
(b) Clerical Amendment.--The chapter analysis for chapter 5 of such
title is amended by inserting after the item relating to section 89 the
following:
``89a. Protection and fair treatment of seafarers.''.
SEC. 917. ICEBREAKERS.
(a) In General.--The Secretary of the department in which the Coast
Guard is operating shall acquire or construct 2 polar icebreakers for
operation by the Coast Guard in addition to its existing fleet of polar
icebreakers.
(b) Necessary Measures.--The Secretary shall take all necessary
measures, including the provision of necessary operation and
maintenance funding, to ensure that--
(1) the Coast Guard maintains, at a minimum, its current
vessel capacity for carrying out ice breaking in the Arctic and
Antarctic, Great Lakes, and New England regions; and
(2) any such vessels that are not fully operational are
brought up to, and maintained at full operational capability.
(c) Reimbursement.--Nothing in this section shall preclude the
Secretary from seeking reimbursement for operation and maintenance
costs of such polar icebreakers from other Federal agencies and
entities, including foreign countries, that benefit from the use of the
icebreakers.
(d) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal year 2008 to the Secretary of the department in
which the Coast Guard is operating such sums as may be necessary to
acquire the icebreakers authorized by subsection (a), as well as
maintaining and operating the icebreaker fleet as authorized in
subsection (b).
SEC. 918. FUR SEAL ACT AUTHORIZATION.
Section 206(c)(1) of the Fur Seal Act of 1966 (16 U.S.C.
1166(c)(1)) is amended by striking ``and 2007'' and inserting ``2007,
2008, and 2009''.
SEC. 919. STUDY OF RELOCATION OF COAST GUARD SECTOR BUFFALO FACILITIES.
(a) Purposes.--The purposes of this section are--
(1) to authorize a project study to evaluate the
feasibility of consolidating and relocating Coast Guard
facilities at Coast Guard Sector Buffalo within the study area;
(2) to obtain a preliminary plan for the design,
engineering, and construction for the consolidation of Coast
Guard facilities at Sector Buffalo; and
(3) to distinguish what Federal lands, if any, shall be
identified as excess after the consolidation.
(b) Definitions.--In this section:
(1) Commandant.--The term ``Commandant'' means the
Commandant of the Coast Guard.
(2) Sector buffalo.--The term ``Sector Buffalo'' means
Coast Guard Sector Buffalo of the Ninth Coast Guard District.
(3) Study area.--The term ``study area'' means the area
consisting of approximately 31 acres of real property and any
improvements thereon that are commonly identified as Coast
Guard Sector Buffalo, located at 1 Fuhrmann Boulevard, Buffalo,
New York, and under the administrative control of the Coast
Guard.
(c) Study.--
(1) In general.--Within 12 months after the date on which
funds are first made available to carry out this section, the
Commandant shall conduct a project proposal report of the study
area and shall submit such report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(2) Requirements.--The project proposal report shall--
(A) evaluate the most cost-effective method for
providing shore facilities to meet the operational
requirements of Sector Buffalo;
(B) determine the feasibility of consolidating and
relocating shore facilities on a portion of the
existing site, while--
(i) meeting the operational requirements of
Sector Buffalo; and
(ii) allowing the expansion of operational
requirements of Sector Buffalo; and
(C) contain a preliminary plan for the design,
engineering, and construction of the proposed project,
including--
(i) the estimated cost of the design,
engineering, and construction of the proposed
project;
(ii) an anticipated timeline of the
proposed project; and
(iii) a description of what Federal lands,
if any, shall be considered excess to Coast
Guard needs.
(d) Limitation.--Nothing in this section shall affect the current
administration and management of the study area.
SEC. 920. CONVEYANCE OF POINT NO POINT HISTORIC LIGHTHOUSE TO KITSAP
COUNTY, WASHINGTON.
(a) Authority To Convey.--
(1) In general.--The Commandant of the Coast Guard shall
convey to Kitsap County, Washington, without monetary
consideration, all right, title, and interest, of the United
States in and to Point No Point Lighthouse located in Kitsap
County, Washington, together with any improvements thereon in
their then current condition for the purpose of permitting the
County to use the property as a park and educational facility,
and to preserve the important cultural and historic features of
the site. All conditions placed with the deed of title shall be
construed as covenants running with the land.
(2) Identification of property.--The Point No Point
Lighthouse property is a 3.04 acre parcel located 1 mile east
of the township of Hansville, Kitsap County, Washington, and is
legally described as all that tract of land situated in Kitsap
County, Washington, and situated partly in lot 2 of section 15
and partly in lot 2 section 22 both of said township 28 north
of said range 2 east W.M.; commencing at a point on east side
of spit on said section 22 of township and range aforesaid;
said point bearing S81*45'E 825 feet distant from quarter
section corner between said sections 15 and 22 of township and
range aforesaid; run thence (using var N21*30E) North 60* West
at 236 \1/4\ feet from section line and enter section 15 at 561
\1/4\ feet point on west side of spit; thence N24*W 180 feet to
low tide mark; thence following low tide mark line N72*E 450
feet; thence N86*E 250 feet; thence S39*30'E 300 feet; thence
S3*15'E 252 \1/2\ feet cross section line and enter section 22;
at 371 feet, point at low tide mark; thence west 330 feet to
the place of beginning.
(3) Historical artifacts.--The Commandant may retain all
right, title, and interest of the United States in and to any
historical artifact that is associated with and located at the
Point No Point Lighthouse at the time of conveyance.
Notwithstanding the preceding sentence, the decommissioned, but
in-place, fourth order Fresnel lens at the lighthouse will be
conveyed with the lighthouse. Artifacts associated with, but
not located at the Point No Point Lighthouse at the time of
conveyance, shall remain the personal property of the United
States under the administrative control of the Commandant.
(b) Terms and Conditions of Conveyance.--
(1) In general.--The conveyance of the Point No Point
Lighthouse shall be made subject to any terms and conditions
the Commandant considers necessary, including the reservation
of easements and other rights on behalf of the United States,
to ensure that--
(A) the aids to navigation located at the Point No
Point Lighthouse shall remain the personal property of
the United States and continue to be operated and
maintained by the United States for as long as needed
for navigational purposes;
(B) there is reserved to the United States the
right to remove, relocate, or replace any aid to
navigation located upon, or install or construct any
aid to navigation upon, the property conveyed under
this section as may be necessary for navigational
purposes;
(C) the United States shall have the right to enter
the property conveyed under this section at any time,
without notice, for purposes of operating, maintaining,
and inspecting any aid to navigation and for the
purpose of exercising any of the rights set forth in
subparagraph (B); and
(D) Kitsap County shall not interfere or allow
interference, in any manner, with any aid to
navigation, nor hinder activities required for the
inspection, operation, and maintenance of any aid to
navigation, without the express written permission of
the head of the agency responsible for the aid to
navigation.
(2) Maintenance.--Kitsap County shall, at its own cost and
expense, maintain the Point No Point Lighthouse in a proper,
substantial, and workmanlike manner, and in accordance with any
conditions established by the Commandant under the National
Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.), and
any other applicable laws.
(3) Public availability.--Kitsap County shall ensure that
the Point No Point Lighthouse conveyed is available to the
public, on a reasonable basis, for educational, park,
recreational, cultural, historic preservation or similar
purposes, as permitted by the Commandant.
(4) Restrictions on alienation.--Kitsap County shall not
convey, assign, exchange, or in any way encumber the property
for consideration, unless approved by the Commandant.
(5) Operation.--The County may enter into a partnership
with an organization for the operation and maintenance of the
duplex and associated structures. All revenues generated by
such activities will be used for the preservation, restoration,
maintenance and operation of the lighthouse property. Kitsap
County shall not otherwise conduct any commercial activities at
the Point No Point Lighthouse unless approved by the
Commandant.
(6) Aids to navigation.--Kitsap County shall not be
required to maintain any active aid to navigation associated
with the Point No Point Lighthouse, except for private aids to
navigation permitted under section 83 of title 14, United
States Code.
(c) Reversionary Interest.--In addition to any term or condition
established pursuant to this section, the conveyance of property under
this section shall include a condition that the Point No Point
Lighthouse, at the option of the Commandant, shall revert to the United
States and be placed under the administrative control of the
Commandant, if--
(1) the Point No Point Lighthouse, or any part thereof,
ceases to be maintained in a manner that ensures its present or
future use as a site for an aid to navigation as determined by
the Commandant;
(2) the Point No Point Lighthouse, or any part thereof,
ceases to be available to the public, on a reasonable basis,
for educational, park, recreational, cultural, historic
preservation or similar purposes, as permitted by the
Commandant;
(3) the Point No Point Lighthouse, or any part thereof,
ceases to be maintained in a manner compliant with any
conditions established under the National Historic Preservation
Act of 1966 (16 U.S.C. 470 et seq.), and any other applicable
laws, as established by the Commandant;
(4) Kitsap County conveys, assigns, exchanges, or in any
encumbers the property for consideration, unless approved by
the Commandant;
(5) Kitsap County conducts any commercial activities at the
Point No Point Lighthouse unless approved by the Commandant,
except as noted in subsection (b)(5); or
(6) at least 30 days before the reversion, the Commandant
provides written notice to the grantee that the property
conveyed under this section, or any portion thereof, is needed
for national security purposes.
(d) Aid to Navigation Defined.--In this section the term ``aid to
navigation'' means equipment used for navigational purposes, including
lights, antennas, sound signals, electronic navigation equipment,
cameras, sensors, and other equipment which are operated or maintained
by the United States.
SEC. 921. FACILITY SECURITY PLANS.
Each facility security plan approved under section 70103(c) of
title 46, United State 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. Nothing
in this section shall be construed to affect the requirement for or the
fees associated with applying for and receiving a Transportation Worker
Identification Credential pursuant to section 70107 of title 46, United
States Code.
SEC. 922. CLASS ACTION SUITS FOR CREW WAGES ON PASSENGER VESSELS;
DEPOSIT OF SEAMAN'S WAGES.
(a) Time Limit for Filing Class Action Suit.--Section 10313 of
title 46, United States Code, is amended by adding at the end thereof
the following:
``(j) Class Action Suit for Wages.--A class action suit by seamen
employed on a passenger vessel capable of carrying more than 500
passengers for wages under this section may not be commenced more than
3 years after the date of the end of the last voyage for which wages
are claimed.''.
(b) Deposits.--Section 10315 of title 46, United States Code, 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.''.
<DELETED>SEC. 920. </DELETED>SEC. 923. INSPECTOR GENERAL REPORT ON
COAST GUARD DIVE PROGRAM.
(a) Inspector General Report.--Within 1 year after the date of
enactment of this Act, the Inspector General of the Department of
Homeland Security shall submit a report to the Senate Committee on
Commerce, Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure on the circumstances
surrounding the accidental death of Coast Guard crew members on a
training dive while serving aboard the Coast Guard icebreaker HEALY on
August 17, 2006. The Inspector General shall include in the report--
(1) a description of programmatic changes made by the Coast
Guard in its dive program in response to the accident;
(2) an evaluation of whether those changes are effective
and are sufficient to prevent similar accidents; and
(3) recommendations for further improvement in the safety
of the dive program.
(b) Hill-Duque Coast Guard Dive Program Report.--Within 6 months
after the date of enactment of this Act, the Inspector General shall
submit an interim report to the Committees describing the progress made
in preparing the report required by subsection (a).
TITLE X--VESSEL CONVEYANCE
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Vessel Conveyance Act''.
SEC. 1002. CONVEYANCE OF UNITED STATES VESSELS FOR PUBLIC PURPOSES.
(a) In General.--The conveyance of a United States Government
vessel to an eligible entity for use as an educational, cultural,
historical, charitable, or recreational or other public purpose shall
be made subject to any conditions, including the reservation of such
rights on behalf of the United States, as the Secretary considers
necessary to ensure that the vessel will be maintained and used in
accordance with the purposes for which it was conveyed, including
conditions necessary to ensure that unless approved by the Secretary--
(1) the eligible entity to which the vessel is conveyed may
not sell, convey, assign, exchange, or encumber the vessel, any
part thereof, or any associated historic artifact conveyed to
the eligible entity in conjunction with the vessel; and
(2) the eligible entity to which the vessel is conveyed may
not conduct any commercial activities at the vessel, any part
thereof, or in connection with any associated historic artifact
conveyed to the eligible entity in conjunction with the vessel,
in any manner.
(b) Reversion.--In addition to any term or condition established
pursuant to this section, the conveyance of a United States Government
vessel shall include a condition that the vessel, or any associated
historic artifact conveyed to the eligible entity in conjunction with
the vessel, at the option of the Secretary, shall revert to the United
States and be placed under the administrative control of the
Administrator if, without approval of the Secretary--
(1) the vessel, any part thereof, or any associated
historic artifact ceases to be available for the educational,
cultural, historical, charitable, or recreational or other
public purpose for which it was conveyed under reasonable
conditions which shall be set forth in the eligible entity's
application;
(2) the vessel or any part thereof ceases to be maintained
in a manner consistent with the commitments made by the
eligible entity to which it was conveyed;
(3) the eligible entity to which the vessel is conveyed,
sells, conveys, assigns, exchanges, or encumbers the vessel,
any part thereof, or any associated historic artifact; or
(4) the eligible entity to which the vessel is conveyed,
conducts any commercial activities at the vessel, any part
thereof, or in conjunction with any associated historic
artifact.
(c) Agreement Required.--Except as may be otherwise explicitly
provided by statute, a United States Government vessel may not be
conveyed to an entity unless that entity agrees to comply with any
terms or conditions imposed on the conveyance under this section.
(d) Records and Monitoring.--
(1) Compilation and transfer.--The Secretary shall provide
a written or electronic record for each vessel conveyed
pursuant to the Secretary's authority, including the vessel
registration, the application for conveyance, the terms and
conditions of conveyance, and any other documents associated
with the conveyance, and any post-conveyance correspondence or
other documentation, to the Administrator.
(2) Monitoring.--For a period not less than 5 years after
the date of conveyance the Administrator shall monitor the
eligible entity's use of the vessel conveyed to ensure that the
vessel is being used in accordance with the purpose for which
it was conveyed. The Administrator shall create a written or
electronic record of such monitoring activities and their
findings.
(3) Maintenance.--The Administrator shall maintain vessel
conveyance records provided under paragraph (1), and monitoring
records created under paragraph (2), on each vessel conveyed
until such time as the vessel is destroyed, scuttled, recycled,
or otherwise disposed of. The Administrator may make the
records available to the public.
(e) Cost Estimates.--The Secretary may provide an estimate to an
eligible entity of the cost of maintaining and operating any vessel to
be conveyed to that entity.
(f) Guidance.--The Secretary may issue guidance concerning the
types and extent of commercial activities, including the sale of goods
or services incidental to, and consistent with, the purposes for which
a vessel was conveyed, that are approved by the Secretary for purposes
of subsections (a)(2) and (b)(4) of this section.
SEC. 1003. WORKING GROUP ON CONVEYANCE OF UNITED STATES VESSELS.
Within 180 days after the date of enactment of this Act, the
Secretary of Transportation shall convene a working group, composed of
representatives from the Maritime Administration, the Coast Guard, and
the United States Navy to review and to make recommendations on a
common set of conditions for the conveyance of vessels of the United
States to eligible entities (as defined in section 1002(d)(2)). The
Secretary may request the participation of senior representatives of
any other Federal department or agency, as appropriate.
SEC. 1004. CIVIL ENFORCEMENT OF CONVEYANCE CONDITIONS.
(a) Civil Administrative Penalties.--
(1) Any eligible entity found by the Secretary, after
notice and opportunity for a hearing in accordance with section
554 of title 5, United States Code, to have failed to comply
with the terms and conditions under which a vessel was conveyed
to it shall be liable to the United States for a civil penalty.
The amount of the civil penalty under this paragraph shall not
exceed $10,000 for each violation. Each day of a continuing
violation shall constitute a separate violation.
(2) Compromise or other action by the secretary.--The
Secretary may compromise, modify, or remit, with or without
conditions, any civil administrative penalty imposed under this
section that has not been referred to the Attorney General for
further enforcement action.
(b) Hearing.--For the purposes of conducting any investigation or
hearing under this section, the Secretary may issue subpoenas for the
attendance and testimony of witnesses and the production of relevant
papers, books, and documents, and may administer oaths. Witnesses
summoned shall be paid the same fees and mileage that are paid to
witnesses in the courts of the United States. In case of contempt or
refusal to obey a subpoena served upon any person pursuant to this
subsection, the district court of the United States for any district in
which such person is found, resides, or transacts business, upon
application by the United States and after notice to such person, shall
have jurisdiction to issue an order requiring such person to appear and
give testimony before the Secretary or to appear and produce documents
before the Secretary, or both, and any failure to obey such order of
the court may be punished by such court as a contempt thereof. Nothing
in this title shall be construed to grant jurisdiction to a district
court to entertain an application for an order to enforce a subpoena
issued by the Secretary of Commerce to the Federal Government or any
entity thereof.
(c) Jurisdiction.--The United States district courts shall have
original jurisdiction of any action under this section arising out of
or in connection with the operation, maintenance, or disposition of a
conveyed vessel, and proceedings with respect to any such action may be
instituted in the judicial district in which any defendant resides or
may be found. For the purpose of this section, American Samoa shall be
included within the judicial district of the District Court of the
United States for the District of Hawaii.
(d) Collection.--If an eligible entity fails to pay an assessment
of a civil penalty after it has become a final and unappealable order,
or after the appropriate court has entered final judgment in favor of
the Secretary, the matter may be referred to the Attorney General, who
may recover the amount (plus interest at currently prevailing rates
from the date of the final order). In such action the validity, amount,
and appropriateness of the final order imposing the civil penalty shall
not be subject to review. Any eligible entity that fails to pay, on a
timely basis, the amount of an assessment of a civil penalty shall be
required to pay, in addition to such amount and interest, attorney's
fees and costs for collection proceedings and a quarterly nonpayment
penalty for each quarter during which such failure to pay persists.
Such nonpayment penalty shall be in an amount equal to 20 percent of
the aggregate amount of such the entity's penalties and nonpayment
penalties which are unpaid as of the beginning of such quarter.
(e) Nationwide Service of Process.--In any action by the United
States under this title, process may be served in any district where
the defendant is found, resides, transacts business or has appointed an
agent for the service of process, and for civil cases may also be
served in a place not within the United States in accordance with Rule
4 of the Federal Rules of Civil Procedure.
SEC. 1005. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Eligible entity.--The term ``eligible entity'' means a
State or local government, nonprofit corporation, educational
agency, community development organization, or other entity
that agrees to comply with the conditions established under
this section.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the department or agency on whose authority a vessel is
conveyed to an eligible entity.
(4) United states government vessel.--The term ``United
States government vessel'' means a vessel owned by the United
States Government.
Calendar No. 568
110th CONGRESS
2d Session
S. 1892
[Report No. 110-261]
_______________________________________________________________________
A BILL
To reauthorize the Coast Guard for fiscal year 2008, and for other
purposes.
_______________________________________________________________________
February 5, 2008
Reported with amendments