[Congressional Record Volume 153, Number 121 (Thursday, July 26, 2007)]
[Senate]
[Pages S10159-S10173]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. CANTWELL (for herself, Ms. Snowe, Mr. Inouye, Mr. Stevens, 
        Mr. Lautenberg, and Mr. Lott):
  S. 1892. A bill to reauthorize the Coast Guard for fiscal year 2008, 
and for other purposes; to the Committee on Commerce, Science, and 
Transportation.
  Ms. CANTWELL. Mr. President, I rise today to introduce the Coast 
Guard Authorization Act for the fiscal year 2008 along with Senators 
Snowe, Inouye, Stevens, Lautenberg, and Lott. This comprehensive 
legislation will provide the Coast Guard with needed resources to carry 
out missions critical to our Nation's security, environmental 
protection, and fisheries enforcement.
  The U.S. Coast Guard plays a critical role in keeping our oceans, 
coasts, and waterways safe, secure, and free from environmental harm. 
After September 11 and Hurricane Katrina, the Coast Guard has been a 
source of strength. As marine traffic grows, the number of security 
threats in our ports increases. Climate change is raising the stakes of 
another Katrina happening.
  The Coast Guard faces many challenges, and those serving in the Coast 
Guard routinely serve with discipline and courage. From saving lives 
during natural disasters like Hurricanes Katrina and Rita, to 
protecting our shores in a post-9/11 world, the Coast Guard has served 
America well, and continues to serve us every day.
  Each year, maritime smugglers transport thousands of aliens to the 
U.S. with virtual impunity because the existing law does not 
sufficiently punish or deter such conduct. During fiscal years 2004 and 
2005, over 840 mariners made $13.9 million smuggling people into the 
U.S. illegally. Less than 3 percent of those who were interdicted were 
referred for prosecution.
  This bill gives the Coast Guard the authority it needs to prosecute 
mariners who intentionally smuggle aliens on board their vessels with a 
reckless disregard of our laws. It also provides protection for 
legitimate mariners who encounter stowaways or those who may need 
medical attention.
  Our Nation relies heavily on polar icebreakers to conduct missions in 
the Arctic and Antarctic. They conduct vital research on the oceans and 
climate, resupply U.S. outposts in Antarctica, and provide one of our 
Nation's only platforms for carrying out security and rescue missions 
in some of the world's most rapidly changing environments.
  Currently, the United States' icebreaking capabilities lie with the 
Coast Guard's three vessels: the HEALY; the Polar Sea; and the Polar 
Star. But the fleet is aging rapidly and requires extensive 
maintenance. In fact, the Polar Star is currently not even operational 
because the Coast Guard lacks the resources required to maintain this 
vessel.
  With increased climate change, the role of icebreakers is changing. 
With an ice-free Arctic summer expected by 2050, more and more 
international expeditions will be headed to the region to examine newly 
revealed oil and gas reserves and other natural resources.
  Canada, Russia and other countries will begin to compete with America 
over jurisdiction and, without a strong polar icebreaker fleet, our 
Nation will suffer a severe disadvantage.
  A recent 2007 report by the National Academy of Sciences found that 
the U.S. needs to maintain polar icebreaking capacity and construct at 
least two new polar icebreakers. This bill follows those 
recommendations.
  This bill includes many provisions of the Oil Pollution Prevention 
and Response Act of 2007, which I introduced on June 14, 2007. These 
provisions are vital for the environmental protection of our Nation's 
oceans and coasts. For example, this bill would require improved 
coordination with federally-recognized tribes on oil spill prevention, 
preparedness, and response. It would also address oil spills resulting 
from the transfer of oil to or from vessels, spills resulting from 
human error, and small oil spills that are an all-too-common occurrence 
in many of our waterways.
  For my home State of Washington, it provides a mechanism for year-
round funding of the Neah Bay response tug, a key element of the oil 
spill prevention safety net for Washington State's Olympic Coast. It 
would also increase oil spill preparedness in the Strait of Juan de 
Fuca by changing the definition of ``High Volume Port Line'' so as to 
deliver better incident response throughout Puget Sound.
  The Coast Guard is responsible for ensuring our country's security, 
marine safety and protecting our environment and fisheries. Every day 
the Coast Guard carries out these missions and does so with limited 
resources. It is our job to ensure the Coast Guard has the tools it 
requires to continue getting the job done. This bill will go a long way 
towards that goal. I urge my colleagues to consider this legislation.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1892

       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.

[[Page S10160]]

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. Inspector General report on Coast Guard dive program.

                        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'';

[[Page S10161]]

       (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, is 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:

[[Page S10162]]

     ``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; and
       ``(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 inserting after ``military unaccompanied housing'' 
     in subsection (a)(1) the following: ``or facilities that the 
     Secretary determines are suitable for use as Coast Guard 
     recreational facilities''; and
       (2) by inserting after ``military unaccompanied housing'' 
     in subsection (b)(1) the following: ``or facilities that the 
     Secretary determines are suitable for use as Coast Guard 
     recreational facilities''.

[[Page S10163]]

       (c) Leasing of Housing to Be Constructed.--Section 683(a) 
     of such title is amended by striking ``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 inserting after ``military unaccompanied housing'' 
     in subsection (a) the following: ``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 ``or unaccompanied 
     housing'' and inserting ``, military unaccompanied housing, 
     or Coast Guard recreational facilities''; and
       (B) in paragraph (3), by striking ``and military 
     unaccompanied housing'' and inserting ``, military 
     unaccompanied housing, and Coast Guard recreational 
     facilities''; and
       (2) by striking ``and military unaccompanied housing 
     units'' in subsection (c)(1) and inserting ``, 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 ``and military unaccompanied housing'' in 
     paragraph (4) and inserting ``, 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 inserting ``of Transportation'' after 
     ``Secretary''.
       (d) Mortgagee.--
       (1) Section 31330(a)(1) of such title is amended--
       (A) by inserting ``or'' after the semicolon in subparagraph 
     (B);
       (B) by striking ``Transportation; or'' in subparagraph (C) 
     and inserting ``Transportation.''; 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;

[[Page S10164]]

       ``(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 2101.
       ``(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

[[Page S10165]]

     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

[[Page S10166]]

     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 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 Prince 
     William Sound, and if it is not comparable, shall make 
     recommendations as to how capabilities, equipment, and 
     facilities should be modified to achieve optimum 
     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 tank or break-bulk 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

[[Page S10167]]

       ``(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

[[Page S10168]]

     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 cargo.
       (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

[[Page S10169]]

     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 striking ``2007'' in subsection (h) and inserting 
     ``2012''; and
       (2) 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

[[Page S10170]]

       (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

[[Page S10171]]

     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

[[Page S10172]]

     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. 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).

  Ms. SNOWE. Mr. President, as Ranking Member on the Coast Guard's 
oversight subcommittee, I am pleased today to co-sponsor the Coast 
Guard Authorization Act for fiscal year 2008.
  The Coast Guard serves as the guardian of our maritime homeland 
security and provides many critical services for our nation. Last year 
alone, the Coast Guard responded to over 28,000 calls for assistance, 
and saved nearly 5,300 lives. These brave men and women risk their 
lives to defend our borders from drugs, illegal immigrants, acts of 
terror, and other national security threats. In 2004, the Coast Guard 
seized 287,000 pounds of cocaine, including over 20 tons in a single 
interdiction action, the largest drug bust ever recorded. They also 
stopped nearly 8,000 illegal migrants from reacting our shores. In 
addition they conducted 6,100 boardings to protect our vital fisheries 
stocks and they responded to 4,400 pollution incidents.
  In today's post-9/11 world, the men and women of the Coast Guard have 
been working harder than ever securing the nation's coastline, 
waterways, and ports. This rapid escalation of the Coast Guard's 
homeland security mission catalogue continues today. While our new 
reality requires the Coast Guard to maintain a robust homeland security 
posture, these new priorities must not diminish the Coast Guard's focus 
on its traditional missions such as marine safety, search and rescue, 
aids to navigation, fisheries law enforcement, and marine environmental 
protection.
  The bill we introduce today would authorize funding at $8.3 billion 
for fiscal year 2008. This authorization will continue to allow the 
Coast Guard to perform non-homeland security missions such as search 
and rescue, fisheries enforcement, and marine environmental protection, 
as well as fund the necessary missions related to ports, waterways, and 
coastal security. It also includes funding to allow the service to 
continue replacing its rapidly aging assets so it can increase 
efficiency of its actions and reap the benefits of advances of modern 
technology and engineering.
  The Coast Guard's rapid operational escalation has taken a 
significant toll on the ships, boats, and aircraft that the Coast Guard 
uses on a daily basis, putting additional strain on vessels that 
already collectively comprise the world's third oldest navel fleet. The 
Coast Guard is now 5 years into the acquisition phase of a program 
designed to recapitalize its aging infrastructure the Integrated 
Deepwater Program. In recent months, we have heard a litany of bad news 
regarding Deepwater, from the decommissioning of eight 123-foot patrol 
boats following a failed effort to extend them, to reports that 
Deepwater's flagship, the National Security Cutter, will not meet the 
specifications required by the Coast Guard. The service has taken 
numerous steps to rectify contractual shortcomings that have led to 
many of these problems, but much work remains to be done before the 
Coast Guard can regain the confidence of its overseers and the American 
public. This bill authorizes nearly $1 billion for Coast Guard 
acquisitions programs, a large sum to be sure. But Senator Cantwell and 
I, and the rest of the Coast Guard's oversight subcommittee will 
closely monitor developments with the program to ensure that the 
mistakes of Deepwater's past are not carried over into its future.
  This bill also includes a provision to increase the Coast Guard's 
ability to prosecute those engaged in illegal alien smuggling in the 
maritime environment. Under current law and practice, individuals have 
to be seriously injured or die in a maritime migrant smuggling event 
before the smugglers are faced with meaningful legal penalties. This 
allows organized groups of experienced smugglers to operate with near 
impunity, facilitating the entry of

[[Page S10173]]

thousands of illegal immigrants annually. The Maritime Alien Smuggling 
Law Enforcement Act, contained within this bill would close this 
serious loophole at the frontline of our homeland security efforts.
  The bill also contains provisions vital to navigation security, 
including a requirement that the Coast Guard continue to operate the 
LORAN-C navigation system. Though advances in Global Positioning System 
technology have allowed our mariners to receive accurate, timely 
positioning data, many seafarers, particularly in the northern 
latitudes where GPS signals are less strong, still rely on LORAN 
signals as a back-up to their more modern systems, or in some cases, as 
a primary navigation aid.
  The service men and women of the Coast Guard do yeoman's work in 
support of our homeland security and to ensure the safety of the 
maritime domain, and this bill also contains provisions to help them in 
numerous ways. Provisions ensure the Government is providing adequate 
access to medical care for those stationed on remote islands; grants 
Coast Guard servicemen and women access to the armed forces retirement 
homes; and authorizes funding for additional facilities to improve 
their quality of life.
  In sum, this bill contains provisions too numerous to mention 
individually that support the Coast Guard's missions and enhance its 
ability to safeguard our homeland, our environment, and our maritime 
operations. I thank Senator Cantwell and the rest of my fellow co-
sponsors for all their hard work on this bill, and I ask my colleagues 
in this body to join me in expressing support for the valiant men and 
women of the Coast Guard and this bill that will facilitate execution 
of their appointed missions.
                                 ______