[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