[Congressional Record Volume 154, Number 66 (Thursday, April 24, 2008)]
[House]
[Pages H2666-H2720]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 COAST GUARD AUTHORIZATION ACT OF 2008

  The Committee resumed its sitting.
  Mr. OBERSTAR. I would like to inquire how much time remains on each 
side.
  The CHAIRMAN. The gentleman from Minnesota has 2\1/2\ minutes 
remaining. The gentleman from Ohio has 9\1/2\ minutes remaining.
  Mr. OBERSTAR. Mr. Chairman, I reserve the balance of my time.
  Mr. LaTOURETTE. Mr. Chairman, at this time, it is my pleasure to 
yield 3 minutes to a gentleman I mentioned in my opening remarks, the 
gentleman from Louisiana (Mr. Boustany), who has been a true leader in 
the House of Representatives on this issue of shoreside and waterside 
security for LNG facilities.
  Mr. BOUSTANY. I want to thank my colleague for yielding time and for 
his work with me on an amendment to this bill that I think will improve 
the bill.
  I also want to thank the chairman and ranking member of the committee 
and the ranking member of the full committee for their work in bringing 
together a good bill.
  I rise in support of the bill, but I want to emphasize that our 
Nation has a growing demand for natural gas, and this amendment that 
I'm going to offer with my colleague and friend, Mr. LaTourette, will 
help to ensure that we don't halt future domestic liquefied natural gas 
expansion.

[[Page H2667]]

  Some localities have turned their backs on this promising energy 
solution. And if we're going to solve our energy problems in this 
country, we have to make sure that we diversify our sources to the 
fullest extent. In Louisiana, we have prided ourselves upon producing 
and delivering energy that all Americans rely upon, and liquefied 
natural gas is certainly no exception.
  This past Monday, I was down in Cameron Parish on the coast of 
Louisiana in my district with Secretary Bodman for the opening of the 
first liquefied natural gas facility to be constructed in this country 
in over the past 25 years. And this facility, once fully operational, 
will be the largest liquefied natural gas facility in the world. It's 
going to supply approximately 5 percent of all U.S. natural gas needs 
when fully operational. It has two 42-inch pipelines that will connect 
to provide natural gas for 75 percent of all the markets in the United 
States. And within the next decade, 25 percent of all natural gas will 
run through my district.
  So clearly, as we look at this bill, we should not have provisions 
that could potentially kill future liquefied natural gas expansion by 
arbitrarily legislating that no new facility can be certified unless 
the Coast Guard has the assets on hand to carry out the security 
measures. The Coast Guard does not need to do all of this. They have 
limited assets. And down in my district they have worked very well with 
local authorities, sheriff's department, other local authorities, to 
bring all assets to bear to provide the necessary security. The Coast 
Guard must be allowed to continue to have this ability to partner with 
local agencies and waterway users, state government, local law 
enforcement, to manage and protect our waterways.
  The first delivery of natural gas into the newly constructed Sabine 
Pass facility that I just mentioned illustrates this point. The Sabine-
Neches Navigation District manages the overall river maintenance. They 
help fund local law enforcement efforts. And the Jefferson County, 
Texas sheriff's department provides helicopter overflight security. 
Cameron Parish, just across the river in my district, provides the 
marine patrol supplement. And all of this is done under the approval 
and guidance of the Coast Guard. So we're not undermining what the 
Coast Guard does, we're merely enhancing what the Coast Guard is able 
to do to provide security.

                              {time}  1100

  A cooperative approach is working on the gulf coast. It allows the 
Coast Guard to work with Southwest Louisiana authorities and Texas 
authorities in this situation. We shouldn't handcuff these communities 
in this effort.
  So I urge the adoption of the amendment as we go forward with this 
bill.
  Mr. OBERSTAR. Mr. Chairman, could the gentleman yield 15 seconds?
  The CHAIRMAN. The gentleman's time has expired.
  Mr. LaTOURETTE. I would be happy to yield 15 seconds to the 
distinguished gentleman from Minnesota.
  Mr. OBERSTAR. Both gentlemen made a splendid statement on the issue 
and during the amendment process. Because of the persuasive case you've 
made, we are prepared to accept your amendment.
  Mr. LaTOURETTE. I thank the Chair.
  At this time--if the gentleman is reserving his 2\1/2\ minutes--it's 
my pleasure to yield 3 minutes to the distinguished gentleman from 
Illinois (Mr. Shimkus).
  (Mr. SHIMKUS asked and was given permission to revise and extend his 
remarks.)
  Mr. SHIMKUS. I also want to commend the chairman, Mr. Oberstar, who 
is really interested in transportation issues, a good man of heart, and 
I applaud your leadership.
  Mr. Chairman, this authorization bill brings 1,500 new Coast 
Guardsmen. We're proud of their service.
  My debate, my concern, over the past 2 weeks, obviously, is energy 
and the increased cost of bringing on the 1,500 new Coast Guardsmen in 
addition to the burden on the government. It would be better if we had 
lower energy costs to help meet those needs, but we don't. We have 
higher costs.
  Of course, the Coast Guard uses aviation fuel too, quite a bit of it. 
So does the United States Air Force. For every $10 over a barrel, it 
costs our Air Force 600 million more dollars out of the budget. We know 
the burden on the Coast Guard helicopters. We know the cost to the 
Coast Guard ships that are diesel run. For every dollar increase in 
diesel fuel, it costs the Coast Guard $26 million to operate.
  And this is the kind of the charts I have been using over the past 3 
weeks and will continue to use this ad infinitum until this country, 
which is the greatest country on the face of this Earth, does what 
other developing countries do: that we go and explore and use our own 
resources to meet our own needs.
  We know that we are dependent upon imported crude oil. Shame on us. 
Shame on us when we have the ability to meet our energy needs.
  And this is what happens: When this majority took over, the price of 
a barrel of crude oil was $58.31. Today it dropped a dollar from last 
week, $116. That's the problem. What's the problem at the pump? From 
$2.33 to $3.55. Bringing climate change legislation, 50 cents of 
additional tax on gasoline, we would be paying $4.05.
  What's the solution? One, use our abundant natural resources in our 
country, coal-to-liquid technologies. In Illinois alone we have 250 
years' worth of energy just waiting to be brought on line, turned into 
liquefied fuel, lowering the cost of diesel to our Coast Guard, saving 
the taxpayers money. But we won't move on any bill that brings on 
fossil fuels and expansion of fossil fuels on this floor. Shame on us.
  What's another solution? The Coast Guard protects our coast. Look at 
the red area over there: the Outer Continental Shelf, ripe for 
exploration development, natural gas, crude oil. But, no, it's off-
limits. We can't get there.
  Think about Katrina. The Coast Guard performed admirably.
  You know what we forget? Remember that big cloud that rolled up? Tell 
me the major ecological damage based upon all those oil platforms in 
the coast. Can you name one? No. Not a single one because we can do it 
safely. So we can do it safely in those areas. We should not have to 
burden the taxpayer with $26 million of cost for allowing crude oil 
prices to go up. We shouldn't do that. And that's why it's important to 
lower our prices.
  Mr. OBERSTAR. Mr. Chairman, I continue to reserve the balance of my 
time.
  Mr. LaTOURETTE. May I ask--I know the chairman has 2\1/2\ minutes--
how much time do we have?
  The CHAIRMAN. The gentleman from Ohio has 3\1/4\ minutes.
  Mr. LaTOURETTE. I thank the Chair.
  Mr. Chairman, I would yield myself such time as I may consume to 
engage in two short colloquies with the chairman of the full committee, 
if I may.
  Mr. Chairman, first of all, would you be willing to enter into a 
colloquy regarding the withdrawal of funds from the seamen's accounts 
authorized under section 405?
  Mr. OBERSTAR. I invite the gentleman to pursue this colloquy.
  Mr. LaTOURETTE. Thank you.
  Mr. Chairman, it's my understanding that it is current practice for 
seamen on passenger vessels to be paid in cash. Section 405 authorizes 
the deposit of their pay into certain approved accounts. The section 
also requires that those funds be available for withdrawal. I 
understand that, as a practical matter, many seamen want to make sure 
that they can make those withdrawals in cash.
  Would the chairman and the chairman of the subcommittee be willing to 
work with us in conference to clarify the amounts that can be withdrawn 
from those in cash up to the amount of a seaman's pay?
  Mr. OBERSTAR. Most certainly. This is a 120-year-old practice in 
seafaring, and we ought to address that issue, as the gentleman has 
rightly raised it.
  Mr. LaTOURETTE. I thank the Chair.
  The second colloquy, if you'd be kind enough to engage in a colloquy 
relative to the delegation of certain functions of the Coast Guard to 
classification societies.
  Mr. OBERSTAR. Of course. Please proceed.
  Mr. LaTOURETTE. Mr. Chairman, the unnumbered section in your

[[Page H2668]]

amendment that replaces section 318 as reported by the Transportation 
and Infrastructure Committee adds a new subsection, subsection (d), to 
section 3316 of title 46 of the United States Code. Under paragraph (2) 
the Secretary may delegate the Coast Guard's authority to a foreign 
classification society ``to the extent that'' the government of the 
society's home country, one, accepts plan review, inspections, or 
examinations conducted by ABS, and, two, provides to ABS equivalent 
access to inspect, certify, and provide related services to offshore 
facilities under that country's jurisdiction.
  I understand that some foreign countries do not use a delegation 
system but instead accept plan reviews, inspections, or examinations 
performed by classification societies as part of a comprehensive 
operating plan submitted by the offshore leaseholder. Concerns have 
been raised that the Secretary may construe acceptance of the ABS plan 
reviews, inspections, or examinations as part of those comprehensive 
plans to be something less than full acceptance of plan review, 
inspections, or examinations in the United States, thus limiting the 
work that classification societies headquartered in those companies 
could perform in the United States and limiting the work that ABS can 
perform in foreign offshore markets.
  Would the Chair be willing to work in conference to clarify what 
constitutes fair and full access by ABS to work in foreign offshore 
markets and by foreign classification societies headquartered in 
countries which do not use delegation schemes to work domestic offshore 
markets?
  Mr. OBERSTAR. I thank the gentleman for raising this very complex 
issue on which we've devoted an enormous amount of time and visited 
with the Norwegian Ambassador and other interests, the American Bureau 
of Shipping and others, and I'm committed to working with the gentleman 
to resolve this issue in an equitable and fair manner as we proceed 
forward with it.
  Mr. LaTOURETTE. I thank the Chair.
  Mr. Chairman, at this time I reserve the balance of my time.
  Mr. OBERSTAR. Mr. Chairman, I yield 1 minute to the gentlewoman from 
California (Mrs. Tauscher).
  Mrs. TAUSCHER. Mr. Chairman, I rise in strong support of H.R. 2830, 
the Coast Guard Authorization Act.
  In November of last year, the container ship COSCO BUSAN collided 
with the San Francisco Bay Bridge and spilled 58,000 gallons of bunker 
fuel into San Francisco Bay. The spill was one of the worst 
environmental disasters in San Francisco Bay history.
  I have included language in this bill that would require the Coast 
Guard to have marine pilots carry their own navigation devices, 
commonly known as Portable Pilot Units. These devices are an easy and 
practical way to improve maritime safety and to protect our 
environment.
  I want to thank the chairman of the subcommittee, Mr. Cummings, and 
the chairman of the full committee, Mr. Oberstar, and the ranking 
member, Mr. LaTourette, for working with us to include this language. I 
think it's very important language that could prevent these kinds of 
accidents from happening in the future.
  Mr. OBERSTAR. Mr. Chairman, I yield 1 minute to the gentlewoman from 
California (Ms. Richardson).
  Ms. RICHARDSON. Mr. Chairman, there is no question that America 
entrusts the Coast Guard to secure and properly maintain and administer 
America's waterways and port facilities. The task before this Chamber 
today is not about oil prices. In fact, it's about the Coast Guard and 
their ability to quickly and effectively respond to intense demands.
  Americans live along the coast, and they depend upon the Coast Guard 
to provide that layer of protection and security. In California, where 
the 11th District resides, 2,600 active and 3,500 volunteer auxiliaries 
have saved over 500 lives. Properly funding the Coast Guard's programs 
through this legislation of H.R. 2830 will not only enhance marine 
safety but reduce the risk of maritime terrorism on some of our 
Nation's most sensitive ports.
  The CHAIRMAN. Each side has 30 seconds remaining.
  Mr. LaTOURETTE. Mr. Chairman, to close the debate on our side, and I 
hope that Homeland Security, if they don't use all their time, can give 
him more time, I yield 30 seconds to a distinguished member of the full 
committee, the gentleman from Michigan (Mr. Ehlers).
  Mr. EHLERS. Today is a great day for the Great Lakes and the coastal 
areas. Today is a terrible day for the zebra mussels.
  And I want to thank Chairman Oberstar and Ranking Member LaTourette 
for their good work on this bill, because it contains measures to 
inspect and treat and exchange ballast water to prevent any more of 
those nasty invasive alien species from getting into this country, and 
into its waters. It now costs us about $13 billion every year for the 
damage caused by invasive species. This bill will help stop any future 
species from coming in, and I hope we will be able to develop methods 
of treating these critters so that we can get rid of them and once 
again enjoy the pure waters of this country the way we should.
  So thanks again to both of you for doing this, and let's get out 
there and fight those nasty zebra mussels!
  Mr. OBERSTAR. Mr. Chairman, I yield for the purpose of making a 
unanimous consent request to the gentleman from Washington (Mr. Baird).
  (Mr. BAIRD asked and was given permission to revise and extend his 
remarks.)
  Mr. BAIRD. I thank the Chairman for the time and applaud him for his 
leadership of the Transportation and Infrastructure Committee. I also 
want to thank him and Subcommittee Chairman Cummings for their work in 
bringing this bill to the floor.
  I rise today in support of the Coast Guard Authorization Act. This 
bill makes important strides in strengthening the modern day mission of 
our Coast Guard and enhancing our national security.
  Also included in this bill is language clarifying the rule related to 
the taxation of interstate waterway workers. Under current law, most 
employees whose jobs require them to work in multiple states, such as 
our rail and airline workers for example, are taxed only by their state 
of residence. This has previously not been true for waterway workers. 
In an effort to address the unsettled tax situation of waterway workers 
throughout the country, I authored legislation in the 106th Congress 
called the ``Transportation Employment Fair Taxation Act.'' The 
legislation barred states from taxing a nonresident waterway worker 
``who performs regularly-assigned duties while engaged as a master, 
officer, or crewman on a vessel operating on the navigable waters of 
more than one state.'' As the House report for this legislation stated, 
the purpose of the legislation was to ``prohibit any State from taxing 
the income of a non-resident interstate waterway worker.'' The Senate 
version of this legislation was signed into law on November 9, 2000.
  Unfortunately, I have recently been made aware of a 2006 decision by 
one state's tax court that is inconsistent with the intent of the 2000 
law. The court concluded that because the bill uses the word ``of'' 
instead of ``in,'' it only applies the waterways that are owned jointly 
by more than one state. This was not the intent of the 2000 law. The 
legislative history at the time makes clear that it was not the intent 
of the law. And I know what the intent was because I authored the 
legislation.
  The legislation before us today makes a slight wording change to the 
2000 law to clarify that the law is intended to apply to all interstate 
waterway workers on all waterways, not just workers who work on 
waterways that are jointly owned by two or more states. It is my 
sincere hope that this minor change will, in no uncertain terms, make 
clear that states are prohibited from taxing the income of a non-
resident interstate waterway worker. I want to make clear that this is 
the intent of the language in the bill before us today, and it remains 
the intent of the law I authored in 2000.
  Mr. OBERSTAR. Mr. Chairman, I yield myself the balance of my time.
  I first thank the gentleman from Ohio for his very generous and very 
kind and thoughtful remarks. I greatly appreciate the camaraderie we 
share and the partnership in doing the work of the committee.
  And I want to thank the gentleman from Michigan, who gave most 
insightful comment on this whole bill. It is a bad day for zebra 
mussels and spiny echinoderms and a whole host of other invasive 
species that we're going to deal with severely as this bill moves to 
enactment.
  I do want to observe that the gentlewoman from California (Ms. 
Woolsey) is concerned about five Bay Area lighthouses, Point Montara, 
Alcatraz Island, Lime Point in Fort Baker, Point

[[Page H2669]]

Diablo, and Point Bonita, and we will work with the gentlewoman and the 
Coast Guard to expedite transfer of those Coast Guard facilities to the 
U.S. Park Service.
  And, again, I want to say, as I did at the outset, we took our time 
all through last year and part of this year to craft a splendid bill in 
an inclusive manner, hearing out the concerns of the Coast Guard and 
addressing extensively the concerns of the Republican members of the 
committee to be thorough and produce the best bill possible, and we are 
happy to bring this bill in good time to the House floor today.
  The CHAIRMAN. Pursuant to the Chair's prior announcement, the 
gentleman from Mississippi (Mr. Thompson) and the gentleman from 
California (Mr. Lungren) each will control 10 minutes.
  The Chair recognizes the gentleman from Mississippi.
  Mr. THOMPSON of Mississippi. Mr. Chairman, I believe the gentleman 
from California wants to engage in a colloquy, so I reserve the balance 
of my time.
  Mr. DANIEL E. LUNGREN of California. Mr. Chairman, I thank the 
gentleman from Mississippi, and before we begin our debate on the Coast 
Guard Authorization Act for 2008, I yield myself such time as I may 
consume for the purposes of a colloquy with Mr. Thompson.
  Mr. Thompson, would you please join me in remembering the sacrifice 
of Damage Controlman Third Class Nathan B. Bruckenthal of the U.S. 
Coast Guard, who was killed off the coast of Iraq on this date in 2004? 
He was the first U.S. Coast Guardsman to have been killed in battle 
since the end of the Vietnam War.
  I yield to the gentleman from Mississippi.
  Mr. THOMPSON of Mississippi. I thank the gentleman for yielding.
  Mr. Chairman, Petty Officer Bruckenthal and two Navy petty officers 
were killed during a coordinated suicide attack on the oil platforms 
off the coast of Iraq. These men offered what President Lincoln 
referred to as ``the last full measure of devotion'' for their country.

                              {time}  1115

  Mr. DANIEL E. LUNGREN of California. Reclaiming my time, Petty 
Officer Bruckenthal is survived by his wife Patricia and their daughter 
Harper. We all join in thanking them for their sacrifice. Petty Officer 
Bruckenthal represented the very best of the U.S. Coast Guard and what 
it has to offer.
  With that, I reserve the balance of my time.
  Mr. THOMPSON of Mississippi. Mr. Chairman, I yield myself such time 
as I may consume.
  Mr. Chairman, H.R. 2830 is an important milestone in protecting our 
Nation's port and maritime security. It is the first bill to provide 
adequate resources to an agency that has been systematically 
underfunded for years. H.R. 2330 authorizes 1,500 additional Service 
Members, more Maritime Security Response Teams, more Canine Detection 
Teams, and the Waterway Watch program.
  This bill was favorably reported by my committee on a bipartisan 
basis last fall. Representative King and I share a commitment to the 
Coast Guard. I am pleased that we were able to work together to give 
the Coast Guard the resources it needs. For too long, the Coast Guard 
has had to make do with aging assets that do not meet the challenges of 
a 9/11 world. The Coast Guard is actually still operating boats that 
were used during World War II. It is time that these boats were retired 
and newer assets brought into service. These boats, however, must work.
  Unfortunately, the Coast Guard has accepted, under the Deepwater 
contract, boats that can't even float. That is unacceptable. The 
American public and the men and women of the Coast Guard deserve 
better. The Homeland Security Committee has added the Deepwater reform 
provisions during our markup to get this critical program back on 
course.
  I would like to thank Chairman Oberstar and Chairman Cummings for 
displaying a willingness to work with me to bring this bill to the 
floor. I urge passage of this important legislation that will 
significantly improve the security of our Nation's maritime 
environment.
  I reserve the balance of my time.
  Mr. DANIEL E. LUNGREN of California. Mr. Chairman, I yield myself 
such time as I may consume.
  First of all, let me thank Chairman Thompson for his and his staff's 
hard work in reporting a bill from our Committee on Homeland Security 
in September that I believe was the result of solid bipartisan 
compromise, and for Chairman Thompson's continued cooperation over the 
past several months as the committee worked to bring this bill to the 
floor.
  Obviously, we have heard from those of the Transportation and 
Infrastructure Committee many of the good things in this bill. I must 
say, however, I am disappointed that the Transportation and 
Infrastructure Committee largely ignored the committee on Homeland 
Security's improvements, particularly to those provisions relating to 
LNG security.
  While our committee's approach was reasonable and risk-based, as we 
have attempted to approach all of our problems with respect to homeland 
security, that is with a risk-based approach, the language adopted by 
the other committee, I fear, abandons the risk-based approach and 
assumes a cookie cutter, one-size-fits all approach.
  My friend from Ohio (Mr. LaTourette) has an amendment that would 
clarify that State and local resources can be considered when 
identifying resources available to provide the newly mandated security 
patrols, and I would hope that his amendment would be adopted.
  I am also very concerned about two entire titles that were added to 
the bill after they were considered by four committees of jurisdiction. 
A new title X shifts 80 percent of the Coast Guard's Administrative Law 
Judge resources and several of the Coast Guard's ALJ authorities to the 
National Transportation Safety Board. This is being proposed as over 1 
million TWIC cards are being issued to our rail, truck, and port 
workers. These are those biometric cards that we have spent so much 
time developing and hoping that it would finally get in place.
  The effect of this provision, I fear, could leave only two ALJs, that 
is Administrative Law Judges, to hear any appeals to TWIC denials. That 
has been one of the great concerns we have had. If we have this TWIC 
system set up, how can people appeal if they have been denied their 
TWIC cards. This would dramatically slow the appeals process, to the 
detriment of port security and our Nation's port workers, who are 
relying on a timely adjudication of a TWIC for their livelihood.
  As a recent letter from TSA opposing this proposal states, ``ALJs at 
the Coast Guard have built up expertise in transportation security 
matters, and I fear this provision will negatively impact not only 
TWIC, but other programs as well, including hazardous materials 
endorsement, and may result in even higher fees for these workers.''
  Mr. OBERSTAR. Would the gentleman yield?
  Mr. DANIEL E. LUNGREN of California. I would be happy to yield, yes.
  Mr. OBERSTAR. Just briefly to clarify that point. We do not transfer 
ALJs from the Coast Guard. We leave those in place, just transfer the 
venue, and we will provide both in this bill and in the subsequent NTSB 
authorization funding for additional ALJs at the NTSB, as we did in 
aviation.
  Mr. DANIEL E. LUNGREN of California. I hope that is true, reclaiming 
my time.
  Mr. OBERSTAR. I just tell the gentleman that is the case.
  Mr. DANIEL E. LUNGREN of California. Well, the effect of the 
provision is to take 80 percent of the resources that are currently 
allocated to the ALJ, Administrative Law Judge program, and that in 
effect would make it very, very difficult for them to continue, since 
they have a total of seven ALJs, and if you take 80 percent of the 
funding, I believe that would leave us with about 20 percent.
  I would like to include a copy of this letter from TSA in the Record.

         U.S. Department of Homeland Security, Transportation 
           Security Administration,
                                                    Arlington, VA.
     Hon. Peter T. King,
     Ranking Member, Committee on Homeland Security,
     House of Representatives, Washington, DC.
       Dear Congressman King: I am writing to express the 
     Transportation Security Administration's (TSA) strong 
     opposition to Title X--Appeals to National Transportation 
     Safety Board (NTSB) of the manager's amendment to H.R. 2830, 
     the ``Coast Guard Authorization Act of 2007.'' Title X would 
     transfer

[[Page H2670]]

     Coast Guard Administrative Law Judge (ALJ) authority for 
     review of merchant mariner documentation and 80 percent of 
     the Coast Guard ALJ budget to the NTSB. This could have an 
     adverse impact upon the adjudication of TSA's civil 
     enforcement cases and anticipated cases dealing with the 
     Transportation Worker Identification Credential (TWIC) 
     program.
       TSA questions whether sufficient legal, administrative, and 
     budget resources will continue to be provided to the Coast 
     Guard to support its remaining ALJ functions, including 
     adjudication of TSA security cases.
       For more than 5 years, TSA has been extremely well served 
     by the Coast Guard ALJs as fair, impartial, and responsive 
     adjudicators in security cases involving individuals in the 
     transportation sector. Under an interagency agreement, Coast 
     Guard ALJs play a major role in TSA's enforcement and 
     security credentialing programs. They adjudicate aviation 
     security civil penalty cases, Hazardous Materials Endorsement 
     (HME) and TWIC denials of requests for waivers and appeals 
     from individuals who have received a Final Determination of 
     Threat Assessment; appeals by air cargo workers who have 
     received a Final Determination of Threat Assessment; and 
     appeals by individuals holding or applying for Federal 
     Aviation Administration certificates, ratings, or 
     authorizations who have received a Final Determination of 
     Threat Assessment.
       In the absence of sufficient ALJ legal and administrative 
     resources at the Coast Guard, TSA does not regard NTSB ALJs 
     as a good alternative. Coast Guard ALJs have substantial 
     expertise in fair adjudication of security programs. NTSB 
     ALJs do not have expertise in transportation security 
     matters. As TSA continually expands the implementation of the 
     TWIC program and the Coast Guard enforces it at our Nation's 
     seaports, TSA and TWIC applicants will benefit from the 
     substantial experience Coast Guard ALJs have in the maritime 
     security environment.
       In addition, Coast Guard ALJs have been sensitive to the 
     challenges faced by individuals representing themselves in a 
     formal administrative process and have worked with TSA to 
     develop simplified procedures.
       TSA and Coast Guard have worked together for years to 
     establish caseload management procedures, agreements, and 
     funding processes to efficiently handle TSA cases. For 
     example, the Coast Guard serves as TSA's Docketing Center for 
     its formal hearing process. Shifting the workload to ALJs of 
     another agency would create a huge setback for TSA 
     enforcement and administration. ALJ coverage, budgeting, 
     processing time, and even geographic availability would have 
     to be reassessed and reestablished, a process that may take 
     several years.
       In addition, TSA's HME and TWIC are fee-based programs. TSA 
     developed its fee models based on Coast Guard cost estimates 
     and processing models. If conditions necessitate TSA's 
     seeking ALJ services outside Coast Guard, this could affect 
     program costs, and consequently, fees for applicants.
       I would appreciate your consideration of TSA's concerns 
     about the potential adverse impact of Title X on the 
     efficient adjudication of important TSA security cases.
       Identical letters have been sent to the Chairman of the 
     House Homeland Security Committee as well as the Chairman and 
     Ranking Member of the House Committee on Transportation and 
     Infrastructure. Please do not hesitate to contact Ms. Claire 
     Heffernan, Acting Assistant Administrator for Legislative 
     Affairs, at (571) 227-2717 if you have any questions about 
     this matter.
           Sincerely yours,
                                                       Kip Hawley,
                                              Assistant Secretary.

  The second new title, title XI, creates an assistant commandant for 
marine safety and a vast new super structure, including Marine Safety 
Specialist, that receive special benefits such as geographic stability 
and special promotion system. It provides for the possibility of 
additional pay for Coast Guard personnel in the marine safety field. 
Unfortunately, with no regard for those Coast Guard men and women 
engaged in other critical, dangerous missions like search and rescue, 
national defense, and port security. I wonder if we really want to do 
that.
  It appears to elevate the Coast Guard's marine safety mission above 
all others. Most notably, the Commandant of the Coast Guard has real 
and serious concerns about this reorganization language that has never 
been considered by any committee, to my knowledge. I would think we 
would want to seriously deliberate these provisions in an open forum 
and give the Commandant an opportunity to voice his concerns to the 
Congress.
  Mr. Broun of Georgia has introduced an amendment stripping these two 
problematic titles so they can be considered on their merits by the 
appropriate congressional committee, and I am pleased that his 
amendment has been made in order.
  Other improving amendments offered by the Committee on Homeland 
Security members include Mr. Bilirakis of Florida, an amendment to make 
the Coast Guard's incredibly successful biometric identification pilot 
program more permanent. I hope this amendment is adopted. It will help 
us positively identify individuals with weapons, drug trafficking, and 
murder convictions, and help us keep them out of the United States.
  Both Mr. Poe and I are offering an amendment with language to make 
operations of the stealth mini submarines illegal. These subs, which 
can carry up to 10 tons of cocaine into the United States, and have 
done so, would be equally capable of transporting weapons of mass 
destruction or would-be terrorists. They are immediately scuttled, once 
detected, making prosecution nearly impossible. So I hope that this 
amendment, when considered, would be approved on this floor.
  If these concerns are not adequately addressed here on the House 
floor, I would look forward to working with the Senate in a conference 
to ensure that the men and women of the Coast Guard have the resources 
it needs to continue to protect the citizens of the United States. The 
Coast Guard is one of the jewels of our overall executive branch, 
particularly in DHS, and this bill, this reauthorization bill 
recognizes that. Although it has some defects, as I mentioned, I hope 
we can work those out.
  With that, I would reserve the balance of my time.
  Mr. THOMPSON of Mississippi. Mr. Chairman, for the sake of clarifying 
an issue brought up, I would like to yield 15 seconds to the chairman 
of the full T&I Committee, Mr. Oberstar.
  Mr. OBERSTAR. I just wanted to reaffirm for my colleague in the Hip 
Replacement Caucus from California that when we transferred authority 
from the FAA to the NTSB for aviation appeals, we provided authority, 
funding, and we went to the Appropriations Committee to seek additional 
moneys, and were successful in doing that. We are committed to doing 
the same in the case of the Coast Guard. Again, we will provide in the 
NTSB authorization additional ALJ personnel for these appeals.
  Mr. THOMPSON of Mississippi. Mr. Chairman, I recognize the gentleman 
from Rhode Island (Mr. Langevin) for 2 minutes.
  (Mr. LANGEVIN asked and was given permission to revise and extend his 
remarks.)
  Mr. LANGEVIN. Mr. Chairman, I rise today in strong support of the 
Coast Guard Reauthorization Act of 2008, H.R. 2830, which will allow 
the Coast Guard to appropriately balance its dual missions of safety 
and security. In the past few years, we have increasingly depended on 
the Coast Guard to ensure our shores against drug smuggling, acts of 
terrorism, and other suspicious activity, while simultaneously keeping 
recreational and commercial boaters safe.
  Unfortunately, the Coast Guard has been required to do more with 
less. This important measure will reverse that trend by providing an 
additional 1,500 Coast Guard personnel and $8.4 billion in increased 
funding to ensure that the Coast Guard can carry out all of these 
responsibilities successfully. I am particularly pleased this bill will 
increase oversight and efficiency of the Transportation Worker 
Identification Credential, or the TWIC program as it's known, which has 
encountered numerous problems since its inception nearly 6 years ago. 
Many businesses, particularly those in my home State of Rhode Island, 
particularly those hiring seasonal and temporary employees have 
experienced economic hardship under the program. But the bill before us 
will help fix many of the problems associated with the TWIC program.
  Finally, H.R. 2830 will require the Coast Guard to protect and 
enforce security zones around all existing liquefied natural gas, or 
LNG facilities, and encourages State and local entities to assist the 
Coast Guard with this important mission. This provision will allow LNG 
facilities to safety operate in densely populated areas, such as those 
in my home State of Rhode Island.
  In closing, Mr. Chairman, I commend both Chairman Thompson and 
Chairman Oberstar for their leadership in bringing this bill to the 
floor today, and I urge my colleagues to support the measure.
  Mr. DANIEL E. LUNGREN of California. At this time, Mr. Chairman, I 
would like to yield 2 minutes to the gentleman from Michigan.

[[Page H2671]]

  Mr. KNOLLENBERG. I thank the gentleman from California for yielding 
time.
  I rise today in defense of the most important resource in my home 
State of Michigan, the Great Lakes. The Coast Guard bill contains a 
measure that will strengthen ballast water treatment requirements for 
oceangoing ships. For years, these ships have brought with them the 
scourge of invasive species. I am proud to support these new treatment 
requirements and consider them an important move to protect our Great 
Lakes waters for generations to come.
  While not all invasive species have made their way into the Great 
Lakes through untreated ballast water, ballast water still remains one 
of the most common avenues into the Great Lakes for destructive aquatic 
invasive species. The ballast water treatment provisions included in 
this bill will go a long way toward keeping invasive species out of the 
lakes. Requiring ships to exchange their ballast water 200 miles 
outside the U.S. will help solve the problem in the short term before 
ships are required to have the ballast water treatment equipment 
installed in their ships in 2015.
  We in Michigan face threats to our Great Lakes from many angles, from 
those who try to pollute them, to those who try to take our water. I am 
proud today that we have successfully strengthened the ballast water 
treatment requirements that will protect the health of our Great Lakes.
  I thank, again, the gentleman from California for yielding time.
  Mr. THOMPSON of Mississippi. Mr. Chairman, I yield 2 minutes to the 
gentlelady from Texas (Ms. Jackson-Lee).
  (Ms. JACKSON-LEE of Texas asked and was given permission to revise 
and extend her remarks.)
  Ms. JACKSON-LEE of Texas. Mr. Chairman, let me thank both Chairman 
Oberstar and of course Chairman Thompson and Subcommittee Chair Elijah 
Cummings on this Coast Guard bill that all of us have worked on. As the 
Chair of the Transportation Security Subcommittee of Homeland Security, 
I can assure you that the idea of overcoming the administration's veto 
on the question of LNG security is going to be an important stand today 
as we vote for this bill.

                              {time}  1130

  The language that speaks to the LNG security is a fair statement. It 
gives the Coast Guard flexibility. It allows them to make an 
assessment, and it is the right thing to do. Coming from the City of 
Houston, with a very large port, I understand the need to protect the 
surrounding communities and the importance of LNG security.
  In addition, I am grateful that I have an amendment going forward 
that will help expedite the TWIC card for so many who have not yet gone 
through the process, to make an assessment by the Coast Guard of the 
necessity of more resources, of keeping the facility open 24 hours a 
day and making sure that this TWIC process goes in order to secure 
those.
  I am also grateful that we have increased the Coast Guard overall to 
47,000 and that the underlying bill refocuses on the value of the Coast 
Guard, both in terms of their standard duties, but also the new 
enhanced duty for security.
  I hope that as we move TSA administrative law judges, however, that 
we will find a way to ensure that TSA is not impacted negatively and 
that we will have oversight to ensure that this process will continue 
to work.
  Again, Mr. Chairman, this is an important legislative initiative. 
This again is the Homeland Security Committee and the Transportation 
Committee and the two chairpersons and committee members working 
harmoniously together, recognizing that the bottom line of what we do 
on the floor today and what we do for the American people is to ensure 
their security. We have done that today.
  I ask my colleagues to enthusiastically vote for this legislation.
  Mr. Chairman, I rise in strong support of H.R. 2830, the Coast Guard 
Authorization Act of 2007, introduced by my distinguished colleague 
from Minnesota, Representative Oberstar. This important legislation 
will provide our Nation's Coast Guard with the resources it needs in 
order to successfully execute all its missions.
  As a member of the Homeland Security Committee, I believe protecting 
our Nation by air, land, and sea to be critical to our national 
security interests. This bill, the Coast Guard Authorization Act of 
2007, sets forth various provisions that will be beneficial to our 
maritime interests, and consequently to our national security. Included 
in the provisions are the establishments of grants for international 
maritime organizations, the establishment of the Merchant Mariner 
Medical Advisory Committee, and codified various provisions relating to 
Coast Guard personnel matters.
  For some years now, I have been concerned about the diversion of 
Coast Guard resources from their historic missions of search and rescue 
and marine safety, to homeland security missions. Since the creation of 
the Department of Homeland Security, and the Coast Guard's inclusion in 
the Department, one of the greatest challenges has been ensuring that 
the funds that the Coast Guard have traditionally received in order to 
perform their duties remain intact so that they can fulfill the 
responsibilities that American citizens rely on them to perform, namely 
ensuring the safety of our Nation's seas, lakes, rivers, and ports.
  Mr. Chairman, we have to ensure that the Coast Guard will get their 
full funding which is absolutely necessary to carry out their 
responsibilities, and that is precisely what this legislation does. 
This act authorizes appropriations for FY2008 for the Coast Guard. 
Furthermore, this act also authorizes the FY2008 levels of Coast Guard 
active duty military personnel and average military training student 
loans, allowing for sufficient human resources for the Coast Guard to 
achieve its designated goals. This bill explicitly authorizes end-
strength by 1,500 members to 47,000 and increasing Coast Guard funding 
to $8.4 billion which has not been done since the 1970s.
  The act also includes provisions regarding shipping and navigation, 
vessel size limits, maritime drug law enforcement, fishing vessel 
safety, liability limits for natural gas deepwater ports, claims 
against the Oil Spill Liability Trust Fund, dry bulk cargo rescue, 
merchant manner matter, and security.
  Mr. Chairman, I was pleased to work with Chairman Thompson and offer 
an amendment during our Homeland Security Committee markup to this 
important legislation, which I felt improved the bill. My amendment 
mandated the creation of a strategic plan to utilize assistance 
programs to assist ports and facilities that are found by the Secretary 
not to maintain effective anti-terrorism measures. I am also offering 
an amendment on the House floor today calling on the Secretary of 
Homeland Security to examine the challenges and delays faced by 
transportation workers seeking to obtain TWIC cards at enrollment sites 
and mandates the development of timelines and benchmarks for 
implementing the findings of this assessment.
  Mr. Chairman, every year, 95 percent of the goods coming into the 
United States arrive at our Nation's seaports. These goods are shipped 
from ports around the world, some from developed countries and others 
from developing countries. I am particularly concerned about ports in 
developing countries. Developing countries have limited resources which 
means their ability to maintain effective anti-terrorism measures is 
limited.

  We cannot allow terrorists to exploit this limitation. Rather, we 
should work with developing countries and others to build up their 
anti-terrorism measures. This assistance will benefit all of us. The 
developing countries will gain the support they need, and we will close 
a potential gap in our own supply chain. Every gap we close is one less 
gap that can be exploited by terrorists. I am pleased that this bill 
requires the Department of Homeland Security to develop a strategic 
plan to utilize existing assistance programs to assist foreign ports 
and facilities that are found by the Secretary not to maintain 
effective anti-terrorism measured. This bill furthermore authorizes the 
Coast Guard to lend, lease, and donate equipment and provide technical 
training to non-compliant foreign ports or facilities. The multiple 
layers of security enhancement authorized in this legislation will 
minimize the ability of terrorists to target to maritime commerce and 
negatively impact the global supply chain.
  I am pleased that the Coast Guard Authorization Act of 2007 includes 
specific provisions relating to Minority Serving Institutions (MSls). 
Within this legislation, MSls are defined as a historically Black 
college or university, a Hispanic serving institution, a Tribal College 
or University, a Predominantly Black institution, or a Native American-
serving institution. Section 901 of this important legislation states 
that the Commandant shall establish a management internship program for 
students at MSls, enabling them to intern at Coast Guard headquarters 
or Coast Guard regional offices in an effort to support the development 
of civilian, career-midlevel, and senior managers for the service. This 
legislation furthermore instructs the Coast Guard to work with the 
National Association for Equal Opportunity in Higher Education, the 
Hispanic Association of Colleges

[[Page H2672]]

and Universities, and the American Indian Higher Education Consortium 
to create this internship program and authorizes $2 million to be 
appropriated to this program.
  Mr. Chairman, I have long stressed the importance of including this 
Nation's MSIs in the effort to secure our Nation. Section 903 of this 
legislation states that the Commandant shall establish Guard. 
Laboratory of Excellence-MSI a Coast Cooperative Technology Program at 
three minority serving institutions to focus on priority security areas 
for the Coast Guard, such as global maritime surveillance, resilience, 
and recovery. It also calls on the Commandant to encourage 
collaboration among the minority serving institutions selected to 
participate in the cooperative technology program and institutions of 
higher education with institutional research and academic program 
resources and experience. These and other measures included within this 
bill are absolutely imperative as the Office of Workforce Planning has 
recently revealed that only 5 percent of the officer corps is African 
American and only 12 percent of the officer corps is comprised of 
ethnic minorities, while in the last 3 years the numbers of minority 
ascensions have actually decreased.

  The Coast Guard Authorization Act of 2007 also increases oversight 
and efficiency of the TWIC program, which was originally mandated 6 
years ago, yet continues to flounder. To date only 230,000 out of an 
estimated 845,000 applicants have enrolled in the TWIC program, while 
the deadline for enrollment is September 25, 2008. While this provision 
of the Coast Guard Authorization is both timely and important, there is 
still more which must be done in order to ensure that the program is 
both effective and efficient, which is why I have offered an amendment.
  I would like to reiterate only a few of the obstacles that workers 
have faced in my State of Texas as well in my district of Houston. For 
example, a marine worker enrolled at the Houston Port enrolled on 
December 13, 2007. To date, he still does not yet have a TWIC card. He 
remained on hold for 4 hours and 10 minutes and was finally told by the 
operator that he would have to return to Houston to be fingerprinted 
again after APR. Incidentally, a representative of Higman Marine 
Services, Inc. asked the same question about their employee, and she 
was told that he should not return until June. This blatant 
inconsistency in service and information is simply unacceptable. 
Furthermore, another transportation worker went to the Beaumont center 
about three weeks ago to pick up his TWIC after being notified it was 
ready. He traveled from Hemphill, TX (117 miles) and was told that the 
card was accidentally shipped to Houston and he could drive there (85 
miles) to pick it up. He presently does not have his card. The list of 
incidences in which workers have to continually overcome structural 
impediments is too long for me to name. It is from my concern for these 
workers that I have introduced my amendment.
  My amendment calls for the Secretary of Homeland Security to compile 
an assessment of the enrollment sites for transportation security cards 
issued under 7 section 70105 of title 46, United States Code within 30 
days of enactment. The assessment should, at a minimum, examine: the 
feasibility of keeping those enrollment sites open 24 hours per day, 
and 7 days per week, in order to better handle the large number of 
applicants for such cards; the feasibility of keeping those enrollment 
sites open after September 25, 2008; and the quality of customer 
service, including the periods of time individuals are kept on hold on 
the telephone, whether appointments are kept, and processing times for 
applications.
  My amendment furthermore calls on the Secretary of Homeland Security 
to develop timelines and benchmarks for implementing the findings of 
the assessment as the Secretary deems necessary. By identifying the 
areas in which enrollment sites for homeland security cards are 
ineffective and inefficient and creating a timeline through which to 
implement necessary changes and benchmarks to ensure their progress and 
accountability, we will make this Nation a safer place accessible to 
labor and operations alike.
  Mr. Chairman, the Transportation Security Administration has 
expressed some concern over Title X of this legislation. Title X would 
transfer Coast Guard Administrative Law Judge (ALJ) authority to review 
merchant mariner documentation as well as 80 percent of the ALJ budget 
to NTSB. I understand the TSA's concern that such a step might have an 
adverse impact on anticipated cases dealing with TWIC and adjudication 
of TSA's civil cases, and I am committed to working with TSA to ensure 
that the execution of this legislation is beneficial to all parties 
involved.
  Long before the horrific events of September 11, 2001, citizens of 
American relied upon the Coast Guard to ensure the safety of our 
waterways, and we depend on them still. Therefore, I urge my fellow 
members of Congress to also support the Coast Guard Authorization Act 
of 2007 and ensure this rich and necessary tradition remains a thriving 
and useful part of not only our national defense strategy but also to 
protect us and the environment from those threats by sea.
  The CHAIRMAN. The Chair would advise that the gentleman from 
California has 30 seconds remaining and the gentleman from Mississippi 
has 3\3/4\ minutes remaining.
  Mr. DANIEL E. LUNGREN of California. Mr. Chairman, I reserve the 
balance of my time.
  Mr. THOMPSON of Mississippi. Mr. Chairman, I yield 2 minutes to the 
gentlewoman from California (Ms. Loretta Sanchez), who has been a 
leader on this issue on the committee, as well as one who is vitally 
interested in the reporting of various sexual assaults at the Academy.
  Ms. LORETTA SANCHEZ of California. Mr. Chairman, I thank both my 
chairmen for the time.
  I rise today in support of H.R. 2830, the Coast Guard Reauthorization 
Act. As the chairwoman of the Homeland Security Subcommittee on Border, 
Maritime, and Global Counterterrorism, I have the jurisdiction over the 
Coast Guard's security missions. I am very pleased that the Homeland 
Security Committee had the opportunity to mark up this legislation and 
that we included several provisions that will strengthen the Coast 
Guard's maritime security activities.
  This bill increases the Coast Guard's end strength by 1,500 members 
to ensure that there are adequate personnel to carry out all of the 
Coast Guard's missions. This addresses my long-standing concerns about 
inadequate staffing at the Coast Guard.
  The legislation also requires the use of security zones around all 
liquefied natural gas, or LNG, facilities. This is a critical step in 
stopping these facilities from becoming targets as the number of LNG 
imports increases.
  This bill will also improve the lot of the Transportation Worker 
Identification Credential, or the TWIC, by providing more facilities 
where workers can submit their fingerprints so they can enroll in TWIC 
more efficiently and meet the September 25, 2008, deadline. This 
affects 650,000 port workers. In addition, the legislation enhances 
oversight of TWIC by requiring reports to Congress and the GAO on 
ongoing program implementation.
  H.R. 2830 requires the establishment of an additional maritime 
security response team. Currently there is only one in the Nation, and 
it is based on the east coast. It makes sense to have a second one, 
because, of course, there are plenty of people on the west coast, and 
we need it.
  I urge all of my colleagues to support this legislation and its many 
provisions. It strengthens the security operations and the safety 
operations that our Coast Guard does.
  Thank you, Mr. Chairman. I want to thank all of those who worked so 
hard on this bill.
  Mr. DANIEL E. LUNGREN of California. Mr. Chairman, I reserve the 
balance of my time.
  Mr. THOMPSON of Mississippi. Mr. Chairman, I have no more speakers. 
If the gentleman from California has no more speakers, then I am 
prepared to close after the gentleman closes.
  The CHAIRMAN. The gentleman from California is recognized for 30 
seconds.
  Mr. DANIEL E. LUNGREN of California. Mr. Chairman, I submit for the 
Record two more letters, one from the Commandant of the Coast Guard and 
one from four retired admirals of the Coast Guard.
  Mr. Chairman, let me just repeat some language contained in the 
Director of TSA's letter to Congressman King, the ranking member of 
Homeland Security, about the concern I have again about this ALJ 
question.
  ``In the absence of sufficient ALJ legal and administrative resources 
at the Coast Guard, TSA does not regard the NTSB ALJs as a good 
alternative. Coast Guard ALJs have substantial expertise in fair 
adjudication of security programs. NTSB ALJs do not have the expertise 
in transportation security matters.''
  What I have been trying to point out is my concern about the TWIC 
program, that all of us on a bipartisan basis here in the House and the 
Senate have tried to get up and running. I am afraid that while I 
appreciate the gentleman from Minnesota's clarification

[[Page H2673]]

of his intent to do something in the future, I am concerned about the 
expertise being removed at a time when we need it.

         U.S. Department of Homeland Security, United States Coast 
           Guard,
                                   Washington, DC, April 23, 2008.
     Hon. James L. Oberstar,
     Chairman, Committee on Transportation and Infrastructure, 
         House of Representatives, Washington, DC.
       Dear Chairman Oberstar: On April 18, the Committee filed 
     with the Rules Committee an amendment in the nature of a 
     substitute to H.R. 2830, that would be retitled the ``Coast 
     Guard Authorization Act of 2008.'' During numerous meetings 
     and staff-level discussions over several months, we have 
     described how a number of provisions that appear in this 
     amendment would compromise organizational efficiency and 
     operational effectiveness, diminish my command and control, 
     and ultimately reduce the Coast Guard's effectiveness in 
     carrying out its safety, security, and stewardship missions. 
     We have expressed these and other concerns in Department of 
     Homeland Security views letters concerning earlier bill 
     language. The amendment also contains provisions neither 
     previously shared nor discussed with the Coast Guard.
       One provision requiring that the Coast Guard provide 
     security around liquefied natural gas terminals and tankers 
     is contrary to the existing assistance framework, at odds 
     with accepted risk management practices, and would divert 
     finite Coast Guard assets from other high-priority missions. 
     I recommend a broader' discussion of security measures for 
     all extremely hazardous cargoes. In the Statement of 
     Administration Policy on H.R. 2830, the Administration has 
     stated that, if the bill is presented to the President with 
     this provision, his senior advisors would recommend that he 
     veto the bill.
       Among the others is one that, while similar to the 
     Administration's proposal, fails to authorize the President 
     to appoint officers to positions of importance and 
     responsibility to accommodate organizational change in the 
     future (Admirals and Vice Admirals). Others, primarily 
     involving our important marine safety mission, would 
     statutorily fix the designation and duties of other senior 
     Coast Guard officials and officials at all levels of command, 
     and prescribe inflexible personnel qualification 
     requirements. Still other provisions would diminish the Coast 
     Guard's capacity to adjudicate merchant mariner licensing 
     matters efficiently and effectively and support other vital 
     security adjudications of the Department of Homeland Security 
     (Appeals to National Transportation Safety Board). Still more 
     provisions would prescribe contracting and acquisition 
     practices for the Deepwater program, thereby increasing the 
     cost of, and adding delay to, the Deepwater acquisition 
     process, as well as circumventing the review and approval 
     authority of Coast Guard technical authorities (Coast Guard 
     Integrated Deepwater Program).
       Among the new provisions is one that dramatically alters 
     admission procedures for the U.S. Coast Guard Academy. While 
     I have discussed Academy admissions several times with 
     Chairman Cummings and we agree that our process should yield 
     successful cadets and reflect our diverse society, the 
     proposed Congressional nomination process deserves full 
     discussion and deliberate consideration. Other new provisions 
     that affect how we execute our missions deserve similar 
     scrutiny. Conversely, the bill omits the Administration 
     proposal for much needed enhanced authority to prosecute 
     those who would smuggle undocumented aliens into the United 
     States by sea (Maritime Alien Smuggling Law Enforcement Act) 
     and the Administration's proposal to protect seafarers who 
     participate in investigations and adjudication of 
     environmental crimes or who have been abandoned in the United 
     States (Protection of and fair treatment of seafarers).
       Over the last year in the course of hearings, personal 
     meetings with you, and regional forums with industry, as well 
     as in my public statements, I have assured you and the public 
     that we share a common objective: a robust marine safety 
     program suited to meet the evolving demands of industry and 
     the marine public. I am already taking aggressive steps to 
     right the balance between our marine safety mission and our 
     other vital responsibilities, and improve the effectiveness, 
     consistency, and responsiveness of our marine safety program, 
     consistent with the framework I presented to you last 
     September. Legislation such as the provisions I describe 
     above was unnecessary to start this process. As I have stated 
     on several occasions. I am the Commandant and am accountable 
     to you to produce the changes needed to improve program 
     performance.
       Including these provisions and others in an Authorization 
     Act that would otherwise be welcome compels me to strongly 
     oppose the bill.
           Sincerely,

                                                   T.W. Allen,

                                        Admiral, U.S. Coast Guard,
     Commandant.
                                  ____

                                                   April 15, 2008.
       Dear Admiral Allen: We are sending you this letter to 
     express our gratitude for the personal attention you have 
     given Coast Guard's Marine Safety program the past several 
     months. Industry and Congressional concern for Coast Guard 
     performance of this vital mission needed addressing from the 
     top. Your personal outreach to the stakeholders as well as 
     the plans your staff developed to improve the program are 
     making a difference. We fully support the Marine Safety 
     Enhancement Plan delivered to Congress on September 25, 2007. 
     This plan appropriately targets the concerns that have been 
     voiced by both industry and Coast Guard members, and we are 
     seeing progress towards addressing those concerns. We have 
     also been closely following the Coast Guard's historic 
     modernization efforts. Your Headquarters organization 
     modernization plan provides the appropriate level of focus 
     and visibility to implement the marine safety program 
     enhancements.
       We fully support Congressional commitment to hold the Coast 
     Guard accountable for mission performance in Marine Safety, 
     as in all other missions. At the same time, we believe that 
     you need to have maximum flexibility in managing Coast Guard 
     forces to achieve mission success. To achieve that degree of 
     flexibility, the Coast Guard should continue its integrated 
     approach to maritime safety, security, and stewardship to 
     ensure our country's Marine Transportation System (MTS) 
     operates safely and efficiently.
       Above all, we applaud the Coast Guard and the 
     Administration's request for additional resources to address 
     Marine Safety mission requirements. By increasing capacity 
     and expertise, the Coast Guard will be able to keep stride 
     with the rapidly growing MTS and provide the level of 
     services that maritime stakeholders expect and deserve.
       We stand ready to assist in achieving the Coast Guard's 
     Marine Safety goals.
           Sincerely,
     VADM James C. Card,
       U.S. Coast Guard, Ret.
     RADM Paul J. Pluta,
       U.S. Coast Guard, Ret.
     RADM Robert C. North,
       U.S. Coast Guard, Ret.
     RADM Thomas H. Gilmour,
       U.S. Coast Guard, Ret.

  Mr. THOMPSON of Mississippi. Mr. Chairman, I yield myself such time 
as I may consume.
  Mr. Chairman, I support H.R. 2830, not only for what it does to 
enhance port security, but also for what it does to get the Deepwater 
program back on course. As someone who cares about the Coast Guard, it 
has been disturbing to see the mismanagement of the Deepwater program.
  This year, a $24 billion effort to modernize the Coast Guard's fleet 
has suffered delays, cost increases and design flaws that ultimately 
culminated in the idling of eight patrol boats. By the time that these 
problems were discovered by both the Inspector General of DHS and the 
Comptroller General, $88 million had been wasted. Both Federal 
watchdogs have said that program failures were due to the excessive 
leeway given the program contractors.
  H.R. 2830 includes provisions that protect American taxpayers by 
forcing the Coast Guard to, for the first time, manage this contract. 
Regrettably, the administration in its Statement of Administration 
Policy denounced the Deepwater provision, which, incidentally, was 
approved by the House on a vote of 426-0 on July 23, 2007. We cannot 
allow the Coast Guard to continue on a poorly navigated course. H.R. 
2830 will steer the Deepwater procurement process in the right 
direction.
  Mr. Chairman, for this reason and dozens of others, I urge my 
colleagues to join me in supporting H.R. 2830.
  Ms. LEE. Mr. Chairman, I rise today in support of H.R. 2830, the 
Coast Guard Reauthorization Act of 2007, which makes significant 
strides in supporting the invaluable work of the United States Coast 
Guard.
  I applaud the many improvements that this legislation will make to 
Federal policy in protecting our coastal environment, strengthening 
security in our Nation's ports, and providing the tools and resources 
necessary for rapid emergency response and coordination.
  The collision of a containership with the San Francisco Bay Bridge 
near my district, and the resulting oil spill that spread throughout 
the Bay, raised many questions about maritime policy in our Nation's 
coastal waters and ports. Commendably though, the committee field 
hearing examining the Federal response to the oil spill also provided 
potential answers to these questions.
  I am pleased to see that many important provisions were included in 
H.R. 2830 to improve our water vessel traffic systems, sharpen incident 
response, and tighten environmental and security requirements. H.R. 
2830 will mandate double hulls for new container vessels with large oil 
capacities, reducing the risk of spills and contamination, and 
protecting animals, plant life, and local economies from the harmful 
impact of such disasters.
  I also strongly support the provision added by my colleague, Rep. 
Tauscher, which authorizes the Coast Guard to issue regulations

[[Page H2674]]

that require bar pilots to carry portable navigational devices when 
they are navigating large container and tanker ships. These portable 
devices provide pilots accurate and necessary information to safely 
navigate their ships, and are critical to preventing future accidents 
like the one that occurred in the San Francisco Bay.
  As a longtime advocate of bringing common sense to our national 
security priorities, I am also pleased to acknowledge the important 
steps this legislation takes to securing our ports and the safety of 
communities that live around them. H.R. 2830 takes critical steps to 
safeguard nuclear materials by establishing a pilot program to employ 
preventive radiological/nuclear detection equipment on Coast Guard 
vessels.
  Mr. Chairman, it is important to note that many States, including 
California, have been at the forefront of efforts to more effectively 
protect and manage our coastal waters. For instance, the Port of 
Oakland in my district was the first port in the United States to 
require that ships exchange their ballast water with seawater before 
entering the bay--a regulation that is now widely considered a critical 
measure of defense against invasive and non-indigenous species. Moving 
forward, we must work to ensure States can successfully complement 
Federal regulations in the future, to enhance coordination, and to 
provide a more comprehensive policy for protecting our waters.
  Mr. Chairman, I am also pleased that this bill will support Coast 
Guard efforts to diversify its workforce, by helping to build valuable 
partnerships between the Coast Guard and minority serving institutions. 
In 2006, just 16 percent of the Coast Guard Officer Candidate School 
graduates were minorities. Programs such as the Minority Serving 
Institution Management Internship Program, will recruit students from 
Historically Black Colleges and Universities, Hispanic-serving 
institutions, and tribal colleges, among others, and help to develop a 
new and diverse generation of civilian managers and Coast Guard 
Officers.
  The establishment of a Coast Guard Laboratory of Excellence-MSI 
Cooperative Technology Program at three minority-serving institutions 
will assist in modernizing the Coast Guard's security programs while 
increasing the number of minority graduate degree holders in science, 
engineering, mathematics, and information technology--all fields that 
are critical to the mission of the Coast Guard.
  Mr. Chairman, I stand in strong support of H.R. 2830, and I urge my 
colleagues to support it.
  Mr. DINGELL. Mr. Chairman, I rise today in support of H.R. 2830, the 
Coast Guard Authorization Act of 2007. This bill has many provisions 
which will improve homeland security, ensure safe navigation and 
enhance shipping reliability, among other measures. However, I would 
particularly like to draw my colleagues' attention to the ballast water 
protections in this bill.
  As a member who hails from the Great Lakes State, I am perhaps more 
familiar than most with the havoc invasive species can reap on our 
waterways. I would note that in its 2005 report, the Great Lakes 
Collaboration stated that the world's greatest freshwater lakes are 
``succumbing to an irreversible `invasional meltdown' that may be more 
severe than chemical pollution.'' There are currently 185 invasive 
species in the Great Lakes and another is discovered, on average, every 
28 weeks!
  Invasive species cost the Federal Government about $1.3 billion per 
year and it is estimated that 42 percent of plants and animals on the 
Threatened and Endangered Species List are at risk because of alien 
species. Aquatic invasives pose a particular threat because of their 
ability to spread quickly through connected waterways.
  Ballast water, which is used to stabilize freighters, is taken on 
board before a voyage begins. It can often contain organisms which 
become invasive species when released in navigable waters. For the 
reasons outlined above, ballast water represents a significant threat 
to our Great Lakes.
  To its credit, the National Park Service has already taken steps to 
prevent ballast water from spreading a deadly fish virus known as VHS 
in Lake Superior and Lake Michigan. But much more must be done to 
protect the Great Lakes and other waterways from the exotic species 
contained in ballast water.
  H.R. 2830 takes these necessary steps. This legislation for the first 
time creates strong ballast water management treatment standards in 
statute and requires that ballast water treatment technology be 
installed on board beginning next year. In addition, the bill requires 
all discharged ballast water to be thoroughly treated and implements 
tougher standards beginning in 2012, with a goal of zero species in 
discharged water by 2015. The manager's amendment to the bill also 
includes clarifying provisions to ensure that ballast water management 
activities are properly reported, so that freighters can be held 
accountable for complying with the law.
  I would like to thank my friend and colleague, Chairman James 
Oberstar, for his hard work on this important legislation. We in the 
Great Lakes region are lucky to have one of our own, the distinguished 
gentleman from Minnesota, overseeing these matters. I urge all of my 
colleagues to support this critically important bill.
  Ms. ROS-LEHTINEN. Mr. Chairman, I rise in strong support of this 
Coast Guard Authorization Bill being considered on the floor today.
  I have the unique pleasure of representing over 265 miles of pristine 
Florida coastline--from Miami Beach to Key West. In fact, two of the 
largest Coast Guard Sectors in the United States, Sector Miami 
commanded by Captain Karl Schultz and Sector Key West commanded by 
Captain Scott A. Buschman are located in my Congressional district. As 
such, ensuring that the brave Coast Guard men and women have the tools 
they need to effectively patrol our coasts is of utmost concern.
  I know that with this important mission, my constituents would not be 
pleased to hear of the lack of state-of-the-art equipment that the 
Coast Guard has been using to accomplish its goals.
  Just to highlight the nature of our aging Coast Guard fleet, I can 
point to the oldest cutter still active. The Storis, still serving 
today in Alaska, was commissioned before the United States entry into 
World War II. A ship over 65 years old should not be tasked with 
protecting against the modem threats that face this great Nation.
  Compare this to an April 18th article in the St. Petersburg Times 
where Drug Enforcement Agency officials are quoted as ``scratching 
their heads over how to combat the latest innovation in drug smuggling: 
radar-dodging semisubmersible vessels packed with tons of cocaine.'' 
Determined drug smugglers are using very sophisticated ships and 
technologies in this cat-and-mouse game and it will become increasingly 
difficult to prevent their illegal activities if we are not able to 
modernize our fleet as well.
  Fortunately, a vital portion of this bill is dedicated to the Coast 
Guard's Integrated Deepwater System. This is a critical program to 
modernize and replace the Coast Guard's aging ships and aircraft. The 
Deepwater Program is the largest acquisition in the history of the 
Coast Guard and any delay in the passage of this bill would have a 
serious and negative impact on the security of South Florida and our 
Nation.
  We can all agree that these brave men and women deserve the 
fundamental resources they need. Certainly, without adequate funding 
the Coast Guard will not be equipped to accomplish their mission.
  Coast Guard Sector Miami is scheduled to receive the first six Fast 
Response Cutters in addition to three ISLAND Class patrol boats. As 
well, Coast Guard Sector Key West is scheduled for delivery of the 
second six Fast Response Cutters in addition to one ISLAND Class patrol 
boat. I applaud these efforts and look forward to the continuation of 
the Deepwater Program.
  Though this bill is by no means perfect, the urgency of modernizing 
our fleet and putting these ships in the water and these aircraft in 
the skies cannot be understated.
  I urge all Members to recognize the crucial need to protect our 
Nation by strengthening the United States' oldest continuous seagoing 
service, the United States Coast Guard.
  Mr. GENE GREEN of Texas. Mr. Chairman, I rise today in support of 
H.R. 2830, the Coast Guard Reauthorization Act of 2008.
  I would like to thank both the Chairman of the Transportation and 
Infrastructure Committee, Chairman Oberstar, and especially the 
Chairman of the Coast Guard and Maritime Transportation Subcommittee, 
Chairman Cummings, for their leadership in crafting this important 
piece of legislation.
  I have always been a strong supporter of the Coast Guard and 
providing it with the resources necessary to protect our Nation's 
coasts, ports and waterways, particularly the Port of Houston which I 
represent.
  H.R. 2830 is also important to me because it contains provisions 
relating to the security of vessels and facilities that transport or 
process Liquefied Natural Gas--or LNG--in the United States. Demand for 
clean-burning natural gas is building up across our economy, and energy 
proposals Congress has passed and is currently considering will only 
accelerate this demand. I believe all of us here agree on the need to 
ensure the safety of LNG shipments to the U.S., but Congress should do 
so in a responsible way that does not unnecessarily impede future 
shipments of this clean-burning fuel.
  Chairman Cummings understood these concerns and included new language 
that would maximize the resources available to the Coast Guard for 
enforcing LNG security zones; maintain the multi-mission function of 
the Coast Guard; and mitigate bureaucratic hurdles in the LNG security 
process. While not perfect,

[[Page H2675]]

these changes are an improvement from the original bill and reflect a 
more workable approach than first proposed.
  I want to again thank my good friends Chairman Cummings and Chairman 
Oberstar for working with me and other Members to consider America's 
need for both energy security and homeland security when crafting this 
legislation.
  I urge my colleagues to support H.R. 2830.
  Mr. SKELTON. Mr. Chairman, I rise today in support of H.R 2830, the 
Coast Guard Authorization Act. This is a good bill in many ways. I 
particularly appreciate the bills' emphasis on holding the Coast Guard 
accountable for the funds the service receives from us, the Congress. 
The well-documented problems with the Deepwater program make it clear 
that more, needs to be done to ensure the Coast Guard's procurement 
policies are producing results. This is not just a budget issue, 
although that is certainly important, but it is also a national 
security issue. We depend on the men and women serving in the Coast 
Guard to defend our Nation's waterways, and for that critical task they 
need new ships and aircraft. Congress can no longer stand by while 
billions of dollars are wasted on a program that has failed to give our 
coastal defenders the tools they need. This bill takes steps to demand 
the type of accountability from the Coast Guard that we expect from the 
other uniformed services, and I encourage my colleagues to join me in 
support of this good and necessary legislation.
  Ms. VELAZQUEZ. Mr. Chairman, I rise in support of important language 
in Chairman Oberstar's manager's amendment to H.R. 2830, the Coast 
Guard Reauthorization Act. This amendment is critical for my 
constituents who live in the Greenpoint area in Brooklyn. I want to 
thank Chairman Oberstar and others on the Committee who saw the need 
for this language, and were willing to act on it.
  This important amendment directs the Environmental Protection Agency 
to conduct a follow up study on the Newtown Creek oil spill. The new 
EPA study builds upon my earlier effort with my distinguished 
colleague, Mr. Weiner, to get the EPA to issue a comprehensive report 
on the oil spill. That earlier report by the EPA, issued last fall, was 
an important step forward but it raised as many questions as it 
answered.
  Mr. Chairman, it is appropriate that we are considering this issue on 
a Coast Guard bill. It was the Coast Guard, nearly 30 years ago, that 
discovered the Newtown Creek oil spill in Greenpoint. The spill is 
massive, and scientists lack accurate measurements of the scope and 
impact of the whole of the plume. That's why we need a full site 
characterization of the Creek, so we know just what is in, around and 
underneath the Creek bed.
  The basic condition of the Creek was not comprehensively addressed in 
the earlier report. It's past time for a full site characterization of 
Newtown Creek. The goal not merely oil plume containment, but plume 
removal. We must help give this important waterway safely back to the 
community, for its use and enjoyment.
  I also am deeply concerned about what threat this material poses to 
the public. A full site characterization should also allow us to better 
measure the public health impact of the oil spill. Residents in this 
part of Brooklyn suffer from asthma, emphysema and bronchitis at a 25 
percent higher rate than the rest of the city. Child asthma hospital 
admissions are especially high. A full site characterization can help 
public health professionals draw conclusions about the impact of the 
oil spill on the health of the local community.
  In conclusion, Mr. Chairman, I want to thank Mr. Weiner for his long-
term partnership and hard work in addressing the serious public policy 
problem posed by the Newtown Creek Oil Spill. I would urge the EPA to 
seize upon these clear instructions from Congress, and help New York 
understand just what it is facing at Newtown Creek. Only a full site 
characterization can accomplish this worthy goal.
  Mr. ABERCROMBIE. Mr. Chairman, today I rise in support of H.R. 2830, 
the Coast Guard Authorization Act of 2008. Among the many important 
provisions of this bill is one that is particularly needed to help 
ensure that our coastwise laws are properly and promptly enforced.
  Section 220 of the manager's amendment recognizes the importance of 
vigorous enforcement of our Nation's coastwise laws by expanding the 
Department of Homeland Security's enforcement authority to include the 
Coast Guard in addition to Customs and Border Protection.
  In keeping with this important objective we hope that the 
Administration will make good on the effort that was begun last 
November with the publication of a proposed interpretive rule designed 
to address evasion by foreign cruise lines of one of our coastwise 
laws, the Passenger Vessel Services Act.
  I have written to Secretary Michael Chertoff urging prompt 
implementation of a modified rule that addresses concerns raised during 
the comment process while ensuring that the coastwise laws are properly 
enforced. My letter details the frustration of important Congressional 
objectives that will result if the rule is not implemented and I ask 
that a copy be included in the Record.

                                     House of Representatives,

                                   Washington, DC, March 31, 2007.
     Re Hawaiian Coastwise Cruises (USCBP-2007-0098)

     Hon. Michael Chertoff,
     Secretary, Department of Homeland Security,
     Washington, DC.
       Dear Mr. Secretary: Customs and Border Protection (``CBP'') 
     proposed an interpretive rule regarding ``Hawaiian Coastwise 
     Cruises'' on November 21, 2007. Since issuing the notice and 
     accepting comments on the proposal, no final action has been 
     taken to protect the only oceangoing U.S.-flag cruise ships 
     in operation from unfair foreign competition. As a result, it 
     has been announced that a second U.S.-flag cruise ship will 
     be leaving Hawaii service and the U.S. registry in May 2008. 
     I write today to urge the Department to immediately adopt a 
     Hawaii specific rule in order to ensure that the remaining 
     U.S.-flag cruise ship does not have the same fate.
       On December 21, 2007, I joined the Hawai'i Congressional 
     delegation and also offered separate comments of my own with 
     respect to the proposed criteria to be used by CBP to 
     determine whether non-coastwise-qualified passenger vessels 
     are in violation of the Passenger Vessel Services Act 
     (``PVSA'') (46 U.S.C. 55103) and the Hawaii Cruise Ship 
     Initiative enacted in 2003 (Pub. L. 108-7) when engaging in 
     Hawaii cruise itineraries that include a ``sham'' foreign 
     port stop of as little as an hour in the middle of the night 
     to cleanse the voyage and avoid the application of U.S. laws.
       As the preamble to the interpretive rule accurately states, 
     ``The intent of the maritime cabotage laws, including the 
     PVSA, was to provide a `legal structure that guarantees a 
     coastwise monopol to American shipping and thereby promotes 
     development of the American merchant marine' ''. I strongly 
     support the PVSA, and was a primary sponsor of the 
     subsequently enacted 2003 Hawaii Cruise Ship Initiative. I 
     also strongly believe that CBP must take steps to vigorously 
     enforce the PVSA, including adoption of the proposed 
     interpretive rule for Hawaii. But I am concerned that CBP's 
     effort to do so may unnecessarily slow implementation of the 
     interpretive rule by needlessly trying to apply it broadly to 
     all U.S. ports, where no oceangoing U.S.-flag cruise ships 
     operate in regular service.
       CBP's proposed interpretive rule is unnecessarily 
     expansive. It goes beyond what is necessary to achieve the 
     economic and national security policy objective of the PVSA 
     and the 2003 Hawaii Cruise Ship Initiative. In fact, I 
     believe a reasonable interpretation under those laws would 
     limit the scope of proposed interpretation to Hawaii because 
     it would further those important public policy goals.
       Indeed, the vast majority of the opposition to CBP's 
     proposed interpretation is based on the far reaching nature 
     of the proposal. As a result, comments have been received 
     from interested parties as far away from Hawaii as Maine and 
     Florida who have understandably expressed concerns about the 
     potential impact of the proposal on foreign cruise ships 
     operating in areas where no oceangoing U.S. flag ships call. 
     MARAD and CBP identified a specific and intentional effort to 
     circumvent the PVSA on Hawaii cruises. Under the authorities 
     provided by the PVSA and the 2003 Hawaii Cruise Ship 
     Initiative, the final remedy proposed by CBP should be 
     limited to addressing that specific issue in the Hawaii 
     market where U.S. flag ships operate.
       Moreover, the 2003 Hawai'i Cruise Ship Initiative requires 
     that the affected U.S. flag ships identified in this proposed 
     interpretation be in ``regular service'' in Hawai'i and 
     explicitly prohibits their operation in coastwise service in 
     Alaska, the Gulf of Mexico, and the Caribbean Sea, areas 
     where interested parties have raised concerns about the 
     application of the proposal. For these reasons, I strongly 
     recommend that CBP issue a proposed PVSA interpretation 
     limited to Hawai'i as follows:
       CBP interprets a Hawai'i cruise itinerary to be ``solely to 
     one or more coastwise ports'' even where it stops at a 
     foreign port, unless the stop at the foreign port is a 
     legitimate object of the cruise. CBP will assume that a stop 
     at a foreign port is not a legitimate object of the cruise 
     unless:
       1. The amount of time at the foreign port is more than 50 
     percent of the total amount of time at the Hawai'i ports of 
     call; and
       2. The passengers are permitted to go ashore temporarily at 
     the foreign port.
       Accordingly, CBP proposes to adopt an interpretive rule 
     under which it will presume that any Hawai'i cruise itinerary 
     that does not include a foreign port of call that satisfies 
     each of these two criteria constitutes coastwise 
     transportation of passengers in violation of 19 CFR 
     4.80a(b)(1).
       Thank you for considering my views on this important 
     matter. I firmly believe that if CBP acts on the proposed 
     rule as I have recommended, many of the concerns expressed by 
     commenters in this docket will be alleviated, while at the 
     same time ensuring the protection of the very oceangoing 
     U.S.-flag cruise ships intended by the PVSA and the 2003 
     Hawaii Cruise Ship Initiative.
           Sincerely,
                                                 Neil Abercrombie,
                                               Member of Congress.


[[Page H2676]]


  Mr. KAGEN. Mr. Chairman, I rise in strong support of H.R. 2830, the 
Coast Guard Authorization Act.
  While this critical legislation is replete with numerous provisions 
that would make a variety of necessary changes to the Coast Guard's 
operations, I would like to focus on the portion of the bill that would 
regulate ballast water, which is of particular importance to northeast 
Wisconsin.
  As my constituents know, ballast water is an easy way for invasive 
species to enter the Great Lakes. These species quickly take root and 
displace native species to the detriment of local environments.
  There are also serious economic consequences associated with 
attempting to manage and control these aquatic invaders.
  In the Great Lakes, it is estimated that roughly $5 billion in 
damages has been caused by the zebra mussel; while the cost of lost 
native species may never be known.
  Additionally, there is an enormous recreational cost associated with 
the loss of fish and wildlife in the Great Lakes, which account for 
nearly 22 percent of the world's fresh surface water. They are a 
tremendous and extraordinary natural resource that we cannot afford to 
harm.
  I would like to commend Mr. Oberstar for his leadership on this 
issue, and for including in his manager's amendment the requirement 
that each vessel provide monthly reports on ballast operations.
  This prerequisite will allow for greater transparency in ballast 
management, and will sanction early detection of invasive species.
  I am also encouraged that H.R. 2830 permits alternative ballast 
management measures for recreational vessels. In establishing rules for 
recreational vessels, I hope the Secretary recognizes that local 
boaters and fishermen should not be subjected to unreasonable 
overregulation.
  In closing, I would urge all my colleagues to support passage of this 
legislation.
  Mr. ISRAEL. Mr. Chairman, I would like to rise in support of language 
I included in the Coast Guard Reauthorization Act.
   I have consistently fought for boating safety for the last three 
years in memory of my constituent Brianna Lieneck who died in August of 
2005. Her parents came to me after losing their daughter. They have 
made it their mission to fight for boating safety and to make the water 
safer for others.
  Their daughter Brianna an 11-year-old girl from my district who was 
tragically taken from us three years ago during a boating accident on 
the Great South Bay. The accident occurred on August 17, 2005 when a 
boat collided with their own. The operator of the other boat was 
reckless and there was poor visibility from the lack of lighting on the 
water that late at night.
  While we can't bring back Brianna I have made it a priority to fight 
or mandatory boater education. And I want to commend Brianna's parents 
for taking this horrible tragedy and using it to fuel such a worthy 
cause.
   This year the Coast Guard Reauthorization Act will include language 
mandating that the Coast Guard find the best and most feasible ways to 
establish mandatory boater education for all states and report back to 
Congress within 6 months. This is an important first step in boating 
safety because education directly translates to safer waters. The Coast 
Guard estimates that 70 percent of reported fatalities occur when a 
boat operator has not received boating safety instruction.
   So many careless accidents can be avoided by taking one simple 
course and being more informed on the water.
   Boating accidents claimed 710 lives in 2006 and caused 3,474 
injuries. Of that, 14 deaths and 100 injuries occurred in New York 
State in 2006. There were a total of 152 boating accidents in the state 
of New York.
   There has been no significant decrease in the number of boating 
deaths since 1996 and the number increased between 2003 and 2006. This 
is unacceptable. If one simple course will decrease the number of 
deaths and injuries on the water, it is so important that we do 
everything in our power to require mandatory boater education.
   You must take a driving test before you are able to operate a car. 
You should, at the very least, be required to take an education course 
to operate a boat.
   And we owe it to the memory of Brianna and other victims in the 
Nation to do all we can to prevent future fatalities on the water.
   I would like to thank Chairman Oberstar and Ranking Member Mica for 
allowing this language to be included in the bill.
  Mr. WEINER. Mr. Chairman, the House has under consideration the bill 
H.R. 2830, the Coast Guard Reauthorization Act of 2007. Mr. Chairman, I 
want to highlight an amendment that I offered which has been included 
in Chairman Oberstar's amendment before the House. It directs the 
Environmental Protection Agency to conduct a study of the Greenpoint, 
Brooklyn, New York underground oil spill at Newtown Creek.
  Newtown Creek is a 3.5 mile-long waterway that flows from the East 
River and separates the boroughs of Brooklyn and Queens. It is the 
single most polluted waterway in New York City, a legacy left by more 
than a century of heavy industrial activity. The creek's banks are home 
to the largest oil spill in the United States, which dates back to the 
1950s and is estimated to be 150 percent of the size of the Exxon-
Valdez spill.
  In 1978, a Coast Guard patrol detected petroleum on the surface of 
Newtown Creek and identified a spill that spreads from the banks of the 
creek through the Greenpoint neighborhood in Brooklyn. Evaluations at 
that time identified a spill totaling 17 million gallons attributed to 
refineries operated along the banks of the creek by the predecessors to 
ExxonMobil, BP/Amoco and Chevron-Texaco. To date, 9.4 million gallons 
have been cleaned, primarily conducted by ExxonMobil under a 1990 
consent agreement with the New York State Department of Environmental 
Conservation that sets no timetable for completion and includes no 
meaningful criteria for compliance. Estimates indicate that it will 
take until at least 2026 to finish the remediation, almost 50 years 
since we discovered the spill.
  Today, even though it has been 30 years since the oil spill was 
detected, the best information on the spill's size are estimates. While 
we have evidence that the spill is 17-30 million gallons, covering 55 
to 70 acres, the full-extent of the spill remains unknown.
  This information is critical. More than 200 observation wells and 35 
recovery wells have been installed since 1978, but until we know the 
full extent of the problem, we may be wasting time.
  In 2006, Congress directed the Environmental Protection Agency to 
revisit the findings of the United States Coast Guard's July 1979 
report entitled ``Investigation of Underground Accumulation of 
Hydrocarbons along Newtown Creek.'' The 2006 study did not collect new 
data, determine the size or location of the spill, or conclusively 
assess its impact on public health and safety. It recommended 
reevaluating the entire plume.
  Given this, the provision included in Chairman Oberstar's amendment 
instructs the Environmental Protection Agency to conduct a full-site 
characterization of the Greenpoint, Brooklyn underground oil spill.
  This study is to be driven by the collection of new field evidence 
and will not be limited to the review or co-review of existing or 
scheduled data collection by private parties or state and municipal 
entities. This new evidence includes the collection of data from new 
product, groundwater and soil monitoring wells, as well as from 
existing groundwater and soil monitoring wells at the Greenpoint Oil 
Spill site. This site is loosely bound by Newtown Creek on the 
northeast, the Brooklyn-Queens Expressway on the east and south, North 
Henry Street on the west, and Greenpoint Avenue on the north.
  Specifically, the full-site characterization is to include:
  The investigation, collection, and analysis of data on the full 
extent of the free-product plume, or the portion of the underground 
petroleum plume that floats on top of the site's groundwater in its 
refined state or crude state, including any historic remnants currently 
distinct or fragmented from current spill delineations.
  The investigation, collection, and analysis of data on the full 
extent of the dissolved phase of the plume, or the portion of the 
underground petroleum plume that has dissolved into the groundwater, 
including the geographic extent and concentrations of groundwater 
contamination.
  The investigation, collection, and analysis of data on the full 
extent of soil contamination, including current and historic smear 
zones, or the area of soil contamination that may exist within the zone 
of horizontal and vertical water table fluctuations that have occurred 
since the time of the petroleum release.
  The investigation, collection, and analysis of data on the full 
extent of soil vapor contamination, including vertical and horizontal 
pathways within the vadose zone, or the area between the land surface 
and the water table.
  The evaluation of the entire spill area, covering both the free-
product and dissolved plume, using three-phase numerical modeling 
techniques simulating the movement and interaction of water, oil, and 
vapor in a geologic medium, and use of such model to make an estimate 
on the length of time that will be required to recover free product, 
contaminated groundwater and contaminated soil from the underground 
plumes.
  The investigation and collection of data on monthly groundwater 
levels over a representative area of the free product and dissolved 
phase contamination areas to establish background water levels.
  The investigation, collection, and analysis of data on current and 
historic groundwater pathways in the region.
  The investigation, collection, and analysis of data on the impact of 
tidal fluctuations on groundwater levels in the region.

[[Page H2677]]

  The investigation, collection, and analysis of data on seepage of 
free product and dissolved phase groundwater into Newtown Creek along 
the full spill area shoreline.
  Chemical analysis and description of the oil product in the Newtown 
Creek region in its free product phase, its dissolved phase, and its 
smeared phase.
  An investigation of reports of oil in building foundations in the 
area of Roebling Street and North Eleventh Street in Brooklyn, New 
York, to determine whether those oil pockets are distinct from the 
Greenpoint Oil Spill, are historic remnants of the Greenpoint Oil 
Spill, or remain hydrologically connected to the Greenpoint Oil Spill.
  A detailed, three-dimensional representation reflecting the 
latitudinal and longitudinal location of the oil spill in the Newtown 
Creek region and also the observed and corrected thickness of the 
spill.
  A revised estimate of the volume and area of the spill in its three 
phases: free product, polluted groundwater, and smeared soils, and 
evaluate the remaining plume volume using corrected product thickness 
values.
  There is no geographic limit to the study. Testing is to be performed 
at potential, historic migration pathways and currently or newly 
detected product and groundwater contamination areas near the 
Greenpoint oil spill. The study will begin with areas to the north, 
south, southeast, and east of the current published spill location. 
Emphasis is to be placed on the path the spill may have taken when it 
was subject to hydrologic pressures related to groundwater withdrawals 
in the early-to-mid part of the 20th Century.
  As outlined in the amendment, this study is to be completed no later 
than one year after enactment of this law.
  I would like to express my thanks to Chairman Oberstar and Chairman 
Cummings for their willingness to work with me on this project. 
Furthermore, I would like to commend Mrs. Velazquez, who represents the 
people of Greenpoint, and has worked closely with me on this 
initiative.
  Additionally, I would like to thank the staff of the Transportation 
and Infrastructure Subcommittees on Water Resources and Environment and 
Coast Guard and Maritime Transportation, particularly Ryan Seiger, John 
Cullather, Lucinda Lessley, and Ben Webster, who have worked with me to 
address this critical, but often overlooked, issue.
  I'd also like to thank Riverkeeper Incorporated, and its chief 
investigator, Basil Seggos. This organization's dedication and advice 
on remediating the Newtown Creek oil spill over the last six years has 
been an invaluable asset.
  Finally, I'd like to thank Dori Friedberg of my staff for her time, 
work, and counsel on this issue.
  Mr. Chairman, I thank the leadership of the Transportation and 
Infrastructure Committee for their hard work shepherding through the 
Coast Guard Reauthorization Act of 2007, and express my strong support 
for this bill.
  Mr. LEVIN. Mr. Chairman, I rise in strong support of the Coast Guard 
Authorization Act. In particular, I urge my colleagues to support the 
legislation's ballast water treatment requirements.
  The Great Lakes are one of this nation's crown jewels. They are the 
most unique set of freshwater lakes in the world. They provide drinking 
water for millions. They provide habitat for our fisheries and they 
offer tremendous recreational and tourism opportunities.
  The Great Lakes are threatened by damaging aquatic invasive species 
that arrive in the Lakes at a rate of one every eight months. The 
communities I represent have first-hand experience of the devastation 
these aquatic invaders can cause. In the mid-1980s, the zebra mussel 
was brought to the Great Lakes by hitching a ride on an ocean vessel 
from Europe. They were first identified in Lake St. Clair in 1988, and 
since then the zebra mussels have spread throughout the Great Lakes and 
have made their way into the Mississippi River and its tributaries. The 
economic and ecological costs of dealing with aquatic invasive species 
are staggering.
  Invasive aquatic species pose a clear and present danger to virtually 
every U.S. waterway and coastal area. Many more invasive species will 
arrive in rapid succession and spread within U.S. waters unless 
effective measures are taken to prevent them.
  The bill before the House contains strong provisions to reduce and 
hopefully eliminate the spread of aquatic invasive species through 
ballast water. The bill establishes a national goal to eliminate 
invasive species from ballast water that is discharged into U.S. waters 
by the year 2015. As an interim step, the legislation requires all 
ships entering U.S. waters to conduct ballast water exchange at least 
200 miles off the nation's coastline. Between now and the end of 2013, 
the legislation requires vessels to be fitted with effective ballast 
water treatment equipment.
  I urge my colleagues to join me in supporting this comprehensive 
response to one of the most serious problems confronting the Great 
Lakes and waterways across the nation.
  Mr. PASCRELL. Mr. Chairman, I rise to speak in strong support of H.R. 
2830, the Coast Guard Authorization Act, as this is a necessary piece 
of legislation that is vital to our Nation's homeland security 
strategy.
  The President and indeed many in this body often talk about the need 
not to fall back into a pre-9/11 mindset when it comes to homeland 
security and I could not agree more.
  This is why I want to start by thanking Homeland Security Committee 
Chairman Bennie Thompson for all his work to strengthen the crucial 
port security aspects of this bill.
  Ever since 9/11 we have faced the fact that our Nation is vulnerable 
to possible terrorist attack by air, land and sea. In response our 
Nation's entire security apparatus has had to work harder and stretch 
their resources farther in order to be more responsive to these 
increased threats and few agencies have exemplified this more than the 
Coast Guard.
  This legislation finally provides the resources necessary to ensure 
that the Coast Guard can successfully execute all its missions by 
authorizing the increase of their end-strength by 1,500 members to 
47,000 and increasing funding to the Coast Guard to $8.4 billion, a 
full $200 million over the President's budget.
  However, this President and many of this body have objected to 
Section 720 of this bill which would strengthen security around 
liquefied natural gas, LNG, terminals and tanker ships.
  These terminals represent a critical piece of our energy 
infrastructure that could be attractive targets for attack, especially 
if we allow them to be built without any regard for our ability to 
secure them.
  Without Section 720, we would certainly be guilty of maintaining a 
pre-9/11 mindset that says it's acceptable to maintain soft spots in 
our homeland security strategy and that is simply unacceptable.
  I hope we would all learn the lessons of 9/11 and support this 
legislation in full instead of trying to weaken our comprehensive 
homeland security strategy.
  Mr. THOMPSON of Mississippi. Mr. Chairman, I yield back the balance 
of my time.
  The CHAIRMAN. All time for general debate has expired.
  In lieu of the amendments recommended by the Committees on 
Transportation and Infrastructure, Homeland Security, and the Judiciary 
printed in the bill, it shall be in order to consider as an original 
bill for the purpose of amendment under the 5-minute rule an amendment 
in the nature of a substitute printed in part A of House Report 110-
604. That amendment in the nature of a substitute shall be considered 
read.
  The text of the amendment in the nature of a substitute is as 
follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Coast Guard Authorization 
     Act of 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--AUTHORIZATION

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

                         TITLE II--COAST GUARD

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

[[Page H2678]]

                   TITLE III--SHIPPING AND NAVIGATION

Sec. 301. Vessel size limits.
Sec. 302. Goods and services.
Sec. 303. Seaward extension of anchorage grounds jurisdiction.
Sec. 304. Maritime Drug Law Enforcement Act amendment-simple 
              possession.
Sec. 305. Technical amendments to tonnage measurement law.
Sec. 306. Cold weather survival training.
Sec. 307. Fishing vessel safety.
Sec. 308. Mariner records.
Sec. 309. Deletion of exemption of license requirement for operators of 
              certain towing vessels.
Sec. 310. Adjustment of liability limits for natural gas deepwater 
              ports.
Sec. 311. Period of limitations for claims against Oil Spill Liability 
              Trust Fund.
Sec. 312. Log books.
Sec. 313. Unsafe operation.
Sec. 314. Approval of survival craft.
Sec. 315. Safety management.
Sec. 316. Protection against discrimination.
Sec. 317. Dry bulk cargo residue.
Sec. 318. Oil fuel tank protection.
Sec. 319. Registry endorsement for LNG vessels.
Sec. 320. Oaths.
Sec. 321. Duration of credentials.
Sec. 322. Fingerprinting.
Sec. 323. Authorization to extend the duration of licenses, 
              certificates of registry, and merchant mariners' 
              documents.
Sec. 324. Merchant mariner documentation.
Sec. 325. Merchant mariner assistance report.
Sec. 326. Merchant mariner shortage report.
Sec. 327. Merchant mariner document standards.
Sec. 328. Report on Coast Guard determinations.
Sec. 329. Pilot required.
Sec. 330. Offshore supply vessels.
Sec. 331. Recreational vessel operator education and training.
Sec. 332. Ship emission reduction technology demonstration project.

                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Certificate of documentation for GALLANT LADY.
Sec. 402. Waiver.
Sec. 403. Great Lakes Maritime Research Institute.
Sec. 404. Conveyance.
Sec. 405. Crew wages on passenger vessels.
Sec. 406. Technical corrections.
Sec. 407. Conveyance of decommissioned Coast Guard Cutter STORIS.
Sec. 408. Repeal of requirement of license for employment in the 
              business of salvaging on the coast of Florida.
Sec. 409. Right-of-first-refusal for Coast Guard property on Jupiter 
              Island, Florida.
Sec. 410. Conveyance of Coast Guard HU-25 Falcon Jet aircraft.
Sec. 411. Decommissioned Coast Guard vessels for Haiti.
Sec. 412. Extension of period of operation of vessel for setting, 
              relocation, or recovery of anchors or other mooring 
              equipment.
Sec. 413. Vessel traffic risk assessments.
Sec. 414. Vessel MARYLAND INDEPENDENCE.
Sec. 415. Study of relocation of Coast Guard Sector Buffalo facilities.
Sec. 416. Conveyance of Coast Guard vessel to Coahoma County, 
              Mississippi.
Sec. 417. Conveyance of Coast Guard vessel to Warren County, 
              Mississippi.
Sec. 418. Conveyance of Coast Guard vessel to Washington County, 
              Mississippi.
Sec. 419. Coast Guard assets for United States Virgin Islands.
Sec. 420. Conveyance of the Presque Isle Light Station fresnel lens to 
              Presque Isle Township, Michigan.
Sec. 421. Fishing in South Pacific tuna treaty convention area.
Sec. 422. Assessment of needs for additional Coast Guard presence in 
              high latitude regions.
Sec. 423. Study of regional response vessel and salvage capability for 
              Olympic Peninsula coast, Washington.
Sec. 424. Report on projected workload at the Coast Guard Yard in 
              Curtis Bay, Maryland.
Sec. 425. Study of bridges over navigable waters.
Sec. 426. Limitation on jurisdiction of States to tax certain seamen.
Sec. 427. Decommissioned Coast Guard vessels for Bermuda.
Sec. 428. Recreational marine industry.
Sec. 429. Conveyance of Coast Guard vessels to Nassau County, New York.

                    TITLE V--BALLAST WATER TREATMENT

Sec. 501. Short title.
Sec. 502. Declaration of goals and purposes.
Sec. 503. Ballast water management.
Sec. 504. National ballast water management information.
Sec. 505. Ballast water management evaluation and demonstration 
              program.
Sec. 506. Rapid response plan.
Sec. 507. Authorization of appropriations.

                TITLE VI--MARITIME POLLUTION PREVENTION

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

                        TITLE VII--PORT SECURITY

Sec. 701. Maritime homeland security public awareness program.
Sec. 702. Transportation Worker Identification Credential.
Sec. 703. Study to identify redundant background records checks.
Sec. 704. Review of interagency operational centers.
Sec. 705. Maritime security response teams.
Sec. 706. Coast Guard detection canine team program expansion.
Sec. 707. Coast Guard port assistance program.
Sec. 708. Maritime biometric identification.
Sec. 709. Review of potential threats.
Sec. 710. Port security pilot.
Sec. 711. Advance notice of port arrival of significant or fatal 
              incidents involving U.S. persons.
Sec. 712. Safety and security assistance for foreign ports.
Sec. 713.  Seasonal workers.
Sec. 714. Comparative risk assessment of vessel-based and facility-
              based liquefied natural gas regasification processes.
Sec. 715. Pilot Program for fingerprinting of maritime workers.
Sec. 716. Transportation security cards on vessels.
Sec. 717. International labor study.
Sec. 718. Maritime security advisory committees.
Sec. 719. Seamen's shoreside access.
Sec. 720. Waterside security around liquefied natural gas terminals and 
              liquefied natural gas tankers.

          TITLE VIII--COAST GUARD INTEGRATED DEEPWATER PROGRAM

Sec. 801. Short title.
Sec. 802. Implementation of Coast Guard Integrated Deepwater 
              Acquisition Program.
Sec. 803. Chief Acquisition Officer.
Sec. 804. Testing and certification.
Sec. 805. National Security Cutters.
Sec. 806. Miscellaneous reports.
Sec. 807. Use of the Naval Sea Systems Command, the Naval Air Systems 
              Command, and the Space and Naval Warfare Systems Command 
              to assist the Coast Guard in exercising technical 
              authority for the Deepwater Program and other Coast Guard 
              acquisition programs.
Sec. 808. Definitions.

                TITLE IX--MINORITY SERVING INSTITUTIONS

Sec. 901. MSI Management Internship Program.
Sec. 902. MSI initiatives.
Sec. 903. Coast Guard-MSI Cooperative Technology Program.
Sec. 904. Definition.

        TITLE X--APPEALS TO NATIONAL TRANSPORTATION SAFETY BOARD

Sec. 1001. Rights of appeal regarding licenses, certificates of 
              registry, and merchant mariners' documents.
Sec. 1002. Authorities of National Transportation Safety Board.
Sec. 1003. Transfer of pending appeals to the National Transportation 
              Safety Board.
Sec. 1004. Rulemaking requirements.
Sec. 1005. Administrative Law Judge recruiting program.

                        TITLE XI--MARINE SAFETY

Sec. 1101. Marine safety.
Sec. 1102. Marine safety staff.
Sec. 1103. Marine safety mission priorities and long term goals.
Sec. 1104. Powers and duties.
Sec. 1105. Appeals and waivers.
Sec. 1106. Coast Guard Academy.
Sec. 1107. Geographic stability.
Sec. 1108. Apprentice program.
Sec. 1109. Report regarding civilian marine inspectors.

                         TITLE I--AUTHORIZATION

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       Funds are authorized to be appropriated for fiscal year 
     2008 for necessary expenses of the Coast Guard as follows:
       (1) For the operation and maintenance of the Coast Guard, 
     $5,965,742,000, of which--
       (A) $24,500,000 is authorized to be derived from the Oil 
     Spill Liability Trust Fund to carry out the purposes of 
     section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
     U.S.C. 2712(a)(5));
       (B) $631,000,000 shall be available only for paying for 
     search and rescue programs;
       (C) $527,000,000 shall be available only for paying for 
     marine safety programs;
       (D) $80,500,000 shall be available only for paying for 
     operating expenses of the Integrated Deepwater System 
     program; and
       (E) $1,523,000,000 shall be available only for paying for 
     ports, waterways, and coastal security.
       (2) For the acquisition, construction, rebuilding, and 
     improvement of aids to navigation, shore and offshore 
     facilities, vessels,

[[Page H2679]]

     and aircraft, including equipment related thereto, 
     $1,125,083,000, of which--
       (A) $20,000,000 shall be derived from the Oil Spill 
     Liability Trust Fund to carry out the purposes of section 
     1012(a)(5) of the Oil Pollution Act of 1990, to remain 
     available until expended;
       (B) $990,444,000 is authorized for the Integrated Deepwater 
     System Program; and
       (C) $44,597,000 is authorized for shore facilities and aids 
     to navigation.
       (3) To the Commandant of the Coast Guard for research, 
     development, test, and evaluation of technologies, materials, 
     and human factors directly relating to improving the 
     performance of the Coast Guard's mission in search and 
     rescue, aids to navigation, marine safety, marine 
     environmental protection, enforcement of laws and treaties, 
     ice operations, oceanographic research, and defense 
     readiness, $25,000,000, to remain available until expended, 
     of which $2,000,000 shall be derived from the Oil Spill 
     Liability Trust Fund to carry out the purposes of section 
     1012(a)(5) of the Oil Pollution Act of 1990.
       (4) For retired pay (including the payment of obligations 
     otherwise chargeable to lapsed appropriations for this 
     purpose), payments under the Retired Serviceman's Family 
     Protection and Survivor Benefit Plans, and payments for 
     medical care of retired personnel and their dependents under 
     chapter 55 of title 10, United States Code, $1,184,720,000, 
     to remain available until expended.
       (5) For alteration or removal of bridges over navigable 
     waters of the United States constituting obstructions to 
     navigation, and for personnel and administrative costs 
     associated with the Bridge Alteration Program, $16,000,000.
       (6) For environmental compliance and restoration at Coast 
     Guard facilities (other than parts and equipment associated 
     with operation and maintenance), $13,000,000, to remain 
     available until expended.
       (7) For the Coast Guard Reserve program, including 
     personnel and training costs, equipment, and services, 
     $126,883,000.

     SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND 
                   TRAINING.

       (a) Active Duty Strength.--The Coast Guard is authorized an 
     end-of-year strength for active duty personnel of 47,000 for 
     the fiscal year ending on September 30, 2008.
       (b) Military Training Student Loads.--For fiscal year 2008, 
     the Coast Guard is authorized average military training 
     student loads as follows:
       (1) For recruit and special training, 2,500 student years.
       (2) For flight training, 165 student years.
       (3) For professional training in military and civilian 
     institutions, 350 student years.
       (4) For officer acquisition, 1,200 student years.

     SEC. 103. TRANSFER OF BRIDGE ADMINISTRATION PROGRAM AUTHORITY 
                   AND FUNCTIONS.

       (a) Transfer.--
       (1) Authority and functions.--Notwithstanding section 
     888(b) of the Homeland Security Act of 2002 (6 U.S.C. 468(b)) 
     or any other provision of law, the authorities of the 
     Secretary of Homeland Security to approve the construction, 
     alteration, or operation of a bridge, drawbridge, or causeway 
     across or over the navigable waters of the United States and 
     to require the alteration, repair, or removal of that bridge, 
     drawbridge, or causeway, pursuant to the Bridge Act of 1906 
     (34 Stat. 84; 33 U.S.C. 491 et seq.), the General Bridge Act 
     of 1946 (60 Stat. 847, 33 U.S.C. 525 note), the Truman-Hobbs 
     Act (54 Stat. 497; 33 U.S.C. 511 et seq.), and the 
     International Bridge Act of 1972 (60 Stat. 847; 33 U.S.C. 525 
     et seq.), and the functions related thereto, are hereby 
     transferred to the Secretary of Transportation.
       (2) Transfer and administration of balances.--Any 
     unobligated balances of prior appropriations provided for the 
     alteration of bridges are transferred and shall be available 
     to the Secretary of Transportation to carry out the functions 
     and authorities transferred by subsection (a).

                         TITLE II--COAST GUARD

     SEC. 201. APPOINTMENT OF CIVILIAN COAST GUARD JUDGES.

       (a) In General.--Chapter 7 of title 14, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 153. Appointment of judges

       ``The Secretary may appoint civilian employees of the 
     Department in which the Coast Guard is operating as appellate 
     military judges, available for assignment to the Coast Guard 
     Court of Criminal Appeals as provided for in section 866(a) 
     of title 10.''.
       (b) Clerical Amendment.--The analysis for such chapter is 
     amended by adding at the end the following:

``153. Appointment of judges.''.

     SEC. 202. INDUSTRIAL ACTIVITIES.

       Section 151 of title 14, United States Code, is amended--
       (1) by inserting ``(a) In General.--'' before ``All 
     orders''; and
       (2) by adding at the end the following:
       ``(b) Orders and Agreements for Industrial Activities.--
     Under this section, the Coast Guard industrial activities may 
     accept orders and enter into reimbursable agreements with 
     establishments, agencies, and departments of the Department 
     of Defense.''.

     SEC. 203. REIMBURSEMENT FOR MEDICAL-RELATED TRAVEL EXPENSES.

       (a) In General.--Chapter 13 of title 14, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 518. Reimbursement for medical-related travel expenses 
       for certain persons residing on islands in the continental 
       United States

       ``In any case in which a covered beneficiary (as defined in 
     section 1072(5) of title 10) resides on an island that is 
     located in the 48 contiguous States and the District of 
     Columbia and that lacks public access roads to the mainland 
     and is referred by a primary care physician to a specialty 
     care provider (as defined in section 1074i(b) of title 10) on 
     the mainland who provides services less than 100 miles from 
     the location where the beneficiary resides, the Secretary 
     shall reimburse the reasonable travel expenses of the covered 
     beneficiary and, when accompaniment by an adult is necessary, 
     for a parent or guardian of the covered beneficiary or 
     another member of the covered beneficiary's family who is at 
     least 21 years of age.''.
       (b) Clerical Amendment.--The analysis for such chapter is 
     amended by adding at the end the following:

``518. Reimbursement for medical-related travel expenses for certain 
              persons residing on islands in the continental United 
              States.''.

     SEC. 204. COMMISSIONED OFFICERS.

       (a) Active Duty Promotion List.--Section 42 of title 14, 
     United States Code, is amended to read as follows:

     ``Sec. 42. Number and distribution of commissioned officers 
       on active duty promotion list

       ``(a) Maximum Total Number.--The total number of Coast 
     Guard commissioned officers on the active duty promotion 
     list, excluding warrant officers, shall not exceed 6,700; 
     except that the Commandant may temporarily increase that 
     number by up to 2 percent for no more than 60 days following 
     the date of the commissioning of a Coast Guard Academy class.
       ``(b) Distribution Percentages by Grade.--
       ``(1) Required.--The total number of commissioned officers 
     authorized by this section shall be distributed in grade in 
     the following percentages: 0.375 percent for rear admiral; 
     0.375 percent for rear admiral (lower half); 6.0 percent for 
     captain; 15.0 percent for commander; and 22.0 percent for 
     lieutenant commander.
       ``(2) Discretionary.--The Secretary shall prescribe the 
     percentages applicable to the grades of lieutenant, 
     lieutenant (junior grade), and ensign.
       ``(3) Authority of secretary to reduce percentage.--The 
     Secretary--
       ``(A) may reduce, as the needs of the Coast Guard require, 
     any of the percentages set forth in paragraph (1); and
       ``(B) shall apply that total percentage reduction to any 
     other lower grade or combination of lower grades.
       ``(c) Computations.--
       ``(1) In general.--The Secretary shall compute, at least 
     once each year, the total number of commissioned officers 
     authorized to serve in each grade by applying the grade 
     distribution percentages established by or under this section 
     to the total number of commissioned officers listed on the 
     current active duty promotion list.
       ``(2) Rounding fractions.--Subject to subsection (a), in 
     making the computations under paragraph (1), any fraction 
     shall be rounded to the nearest whole number.
       ``(3) Treatment of officers serving outside coast guard.--
     The number of commissioned officers on the active duty 
     promotion list below the rank of rear admiral (lower half) 
     serving with other Federal departments or agencies on a 
     reimbursable basis or excluded under section 324(d) of title 
     49 shall not be counted against the total number of 
     commissioned officers authorized to serve in each grade.
       ``(d) Use of Numbers; Temporary Increases.--The numbers 
     resulting from computations under subsection (c) shall be, 
     for all purposes, the authorized number in each grade; except 
     that the authorized number for a grade is temporarily 
     increased during the period between one computation and the 
     next by the number of officers originally appointed in that 
     grade during that period and the number of officers of that 
     grade for whom vacancies exist in the next higher grade but 
     whose promotion has been delayed for any reason.
       ``(e) Officers Serving Coast Guard Academy and Reserve.--
     The number of officers authorized to be serving on active 
     duty in each grade of the permanent commissioned teaching 
     staff of the Coast Guard Academy and of the Reserve serving 
     in connection with organizing, administering, recruiting, 
     instructing, or training the reserve components shall be 
     prescribed by the Secretary.''.
       (b) Clerical Amendment.--The analysis for chapter 3 of such 
     title is amended by striking the item relating to section 42 
     and inserting the following:

``42. Number and distribution of commissioned officers on active duty 
              promotion list.''.

     SEC. 205. COAST GUARD PARTICIPATION IN THE ARMED FORCES 
                   RETIREMENT HOME (AFRH) SYSTEM.

       (a) In General.--Section 1502 of the Armed Forces 
     Retirement Home Act of 1991 (24 U.S.C. 401) is amended--
       (1) by striking paragraph (4);
       (2) in paragraph (5)--
       (A) by striking ``and'' at the end of subparagraph (C);
       (B) by striking the period at the end of subparagraph (D) 
     and inserting ``; and''; and
       (C) by inserting at the end the following:

[[Page H2680]]

       ``(E) the Assistant Commandant of the Coast Guard for Human 
     Resources.''; and
       (3) by adding at the end of paragraph (6) the following:
       ``(E) The Master Chief Petty Officer of the Coast Guard.''.
       (b) Conforming Amendments.--(1) Section 2772 of title 10, 
     United States Code, is amended--
       (A) in subsection (a) by inserting ``or, in the case of the 
     Coast Guard, the Commandant'' after ``concerned''; and
       (B) by striking subsection (c).
       (2) Section 1007(i) of title 37, United States Code, is 
     amended--
       (A) in paragraph (3) by inserting ``or, in the case of the 
     Coast Guard, the Commandant'' after ``Secretary of Defense'';
       (B) by striking paragraph (4); and
       (C) by redesignating paragraph (5) as paragraph (4).

     SEC. 206. GRANTS TO INTERNATIONAL MARITIME ORGANIZATIONS.

       Section 149 of title 14, United States Code, is amended by 
     adding at the end the following:
       ``(c) Grants to International Maritime Organizations.--
     After consultation with the Secretary of State, the 
     Commandant may make grants to, or enter into cooperative 
     agreements, contracts, or other agreements with, 
     international maritime organizations for the purpose of 
     acquiring information or data about merchant vessel 
     inspections, security, safety, classification, and port state 
     or flag state law enforcement or oversight.''.

     SEC. 207. EMERGENCY LEAVE RETENTION AUTHORITY.

       (a) In General.--Chapter 11 of title 14, United States 
     Code, is amended by inserting after section 425 the 
     following:

     ``Sec. 426. Emergency leave retention authority

       ``With regard to a member of the Coast Guard who serves on 
     active duty, a duty assignment in support of a declaration of 
     a major disaster or emergency by the President under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.) shall be treated, for the 
     purpose of section 701(f)(2) of title 10, a duty assignment 
     in support of a contingency operation.''.
       (b) Clerical Amendment.--The analysis for such chapter is 
     amended by inserting after the item relating to section 425 
     the following new item:

``426. Emergency leave retention authority.''.

     SEC. 208. ENFORCEMENT AUTHORITY.

       (a) In General.--Chapter 5 of title 14, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 99. Enforcement authority

       ``Subject to guidelines approved by the Secretary, members 
     of the Coast Guard, in the performance of official duties, 
     may--
       ``(1) carry a firearm; and
       ``(2) while at a facility (as defined in section 70101 of 
     title 46)--
       ``(A) make an arrest without warrant for any offense 
     against the United States committed in their presence; and
       ``(B) seize property as otherwise provided by law.''.
       (b) Conforming Repeal.--The first section added to title 
     46, United States Code, by the amendment made by subsection 
     (a) of section 801 of the Coast Guard and Maritime 
     Transportation Act of 2004 (118 Stat. 1078), and the item 
     relating to such first section enacted by the amendment made 
     by subsection (b) of such section 801, are repealed.
       (c) Clerical Amendment.--The analysis for such chapter is 
     amended by adding at the end the following:

``99. Enforcement authority.''.

     SEC. 209. REPEAL.

       Section 216 of title 14, United States Code, and the item 
     relating to such section in the analysis for chapter 11 of 
     such title, are repealed.

     SEC. 210. ADMIRALS AND VICE ADMIRALS.

       (a) Vice Commandant.--Section 47 of title 14, United States 
     Code, is amended by striking ``vice admiral'' and inserting 
     ``admiral''.
       (b) Vice Admirals.--Section 50 of title 14, United States 
     Code, is amended to read as follows:

     ``Sec. 50. Vice admirals

       ``(a)(1) The President may designate 4 positions of 
     importance and responsibility that shall be held by officers 
     who--
       ``(A) while so serving, shall have the grade of vice 
     admiral, with the pay and allowances of that grade; and
       ``(B) shall perform any duties as the Commandant may 
     prescribe.
       ``(2) The 4 vice admiral positions authorized under 
     paragraph (1) are, respectively, the following:
       ``(A) The Deputy Commandant for Mission Support.
       ``(B) The Deputy Commandant for National Operations and 
     Policy.
       ``(C) The Commander, Force Readiness Command.
       ``(D) The Commander, Operations Command.
       ``(3) The President may appoint, by and with the advice and 
     consent of the Senate, and reappoint, by and with the advice 
     and consent of the Senate, to each of the positions 
     designated under paragraph (1) an officer of the Coast Guard 
     who is serving on active duty above the grade of captain. The 
     Commandant shall make recommendations for those appointments.
       ``(b)(1) The appointment and the grade of vice admiral 
     under this section shall be effective on the date the officer 
     assumes that duty and, except as provided in paragraph (2) of 
     this subsection or in section 51(d) of this title, shall 
     terminate on the date the officer is detached from that duty.
       ``(2) An officer who is appointed to a position designated 
     under subsection (a) shall continue to hold the grade of vice 
     admiral--
       ``(A) while under orders transferring the officer to 
     another position designated under subsection (a), beginning 
     on the date the officer is detached from duty and terminating 
     on the date before the day the officer assumes the subsequent 
     duty, but not for more than 60 days;
       ``(B) while hospitalized, beginning on the day of the 
     hospitalization and ending on the day the officer is 
     discharged from the hospital, but not for more than 180 days; 
     and
       ``(C) while awaiting retirement, beginning on the date the 
     officer is detached from duty and ending on the day before 
     the officer's retirement, but not for more than 60 days.
       ``(c)(1) An appointment of an officer under subsection (a) 
     does not vacate the permanent grade held by the officer.
       ``(2) An officer serving in a grade above rear admiral who 
     holds the permanent grade of rear admiral (lower half) shall 
     be considered for promotion to the permanent grade of rear 
     admiral as if the officer was serving in the officer's 
     permanent grade.
       ``(d) Whenever a vacancy occurs in a position designated 
     under subsection (a), the Commandant shall inform the 
     President of the qualifications needed by an officer serving 
     in that position to carry out effectively the duties and 
     responsibilities of that position.''.
       (c) Repeal.--Section 50a of title 14, United States Code, 
     is repealed.
       (d) Conforming Amendment.--Section 51 of that title is 
     amended--
       (1) by amending subsections (a), (b), and (c) to read as 
     follows:
       ``(a) An officer, other than the Commandant, who, while 
     serving in the grade of admiral or vice admiral, is retired 
     for physical disability shall be placed on the retired list 
     with the highest grade in which that officer served.
       ``(b) An officer, other than the Commandant, who is retired 
     while serving in the grade of admiral or vice admiral, or 
     who, after serving at least two and one-half years in the 
     grade of admiral or vice admiral, is retired while serving in 
     a lower grade, may in the discretion of the President, be 
     retired with the highest grade in which that officer served.
       ``(c) An officer, other than the Commandant, who, after 
     serving less than two and one-half years in the grade of 
     admiral or vice admiral, is retired while serving in a lower 
     grade, shall be retired in his permanent grade.''; and
       (2) in subsection (d)(2) by striking ``Area Commander, or 
     Chief of Staff'' and inserting ``or Vice Admirals''.
       (e) Clerical Amendments.--
       (1) The heading for section 47 of that title is amended by 
     striking ``assignment'' and inserting ``appointment''.
       (2) The table of sections at the beginning of chapter 3 of 
     that title is amended--
       (A) by striking the item relating to section 47 and 
     inserting the following:

``47. Vice Commandant; appointment.'';

       (B) by striking the item relating to section 50 and 
     inserting the following:

``50. Vice admirals.'';

     and
       (C) by striking the item relating to section 50a.
       (f) Technical Correction.--Section 47 of that title is 
     further amended in the fifth sentence by striking 
     ``subsection'' and inserting ``section''.

     SEC. 211. MERCHANT MARINER MEDICAL ADVISORY COMMITTEE.

        (a) In General.--Chapter 71 of title 46, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 7115. Merchant Mariner Medical Advisory Committee

       ``(a) Establishment.--
       ``(1) In general.--There is established a Merchant Mariner 
     Medical Advisory Committee (in this section referred to as 
     the `Committee').
       ``(2) Functions.--The Committee shall advise the Secretary 
     on matters relating to--
       ``(A) medical certification determinations for issuance of 
     merchant mariner credentials;
       ``(B) medical standards and guidelines for the physical 
     qualifications of operators of commercial vessels;
       ``(C) medical examiner education; and
       ``(D) medical research.
       ``(b) Membership.--
       ``(1) In general.--The Committee shall consist of 14 
     members, none of whom is a Federal employee, and shall 
     include--
       ``(A) ten who are health-care professionals with particular 
     expertise, knowledge, or experience regarding the medical 
     examinations of merchant mariners or occupational medicine; 
     and
       ``(B) four who are professional mariners with knowledge and 
     experience in mariner occupational requirements.
       ``(2) Status of members.--Members of the Committee shall 
     not be considered Federal employees or otherwise in the 
     service or the employment of the Federal Government, except 
     that members shall be considered special Government 
     employees, as defined in section 202(a) of title 18, United 
     States Code, and shall be subject to any administrative 
     standards of conduct applicable to the employees of the 
     department in which the Coast Guard is operating.

[[Page H2681]]

       ``(c) Appointments; Terms; Vacancies.--
       ``(1) Appointments.--The Secretary shall appoint the 
     members of the Committee, and each member shall serve at the 
     pleasure of the Secretary.
       ``(2) Terms.--Each member shall be appointed for a term of 
     three years, except that, of the members first appointed, 
     three members shall be appointed for a term of two years and 
     three members shall be appointed for a term of one year.
       ``(3) Vacancies.--Any member appointed to fill the vacancy 
     prior to the expiration of the term for which that member's 
     predecessor was appointed shall be appointed for the 
     remainder of that term.
       ``(d) Chairman and Vice Chairman.--The Secretary shall 
     designate one member of the Committee as the Chairman and one 
     member as the Vice Chairman. The Vice Chairman shall act as 
     Chairman in the absence or incapacity of, or in the event of 
     a vacancy in the office of, the Chairman.
       ``(e) Compensation; Reimbursement.--Members of the 
     Committee shall serve without compensation, except that, 
     while engaged in the performance of duties away from their 
     homes or regular places of business of the member, the member 
     of the Committee may be allowed travel expenses, including 
     per diem in lieu of subsistence, as authorized by section 
     5703 of title 5.
       ``(f) Staff; Services.--The Secretary shall furnish to the 
     Committee the personnel and services as are considered 
     necessary for the conduct of its business.''.
       (b) First Meeting.--No later than six months after the date 
     of enactment of this Act, the Merchant Mariner Medical 
     Advisory Committee established by the amendment made by this 
     section shall hold its first meeting.
       (c) Clerical Amendment.--The analysis for chapter 71 of 
     that title is amended by adding at the end the following:

``7115. Merchant Mariner Medical Advisory Committee.''.

     SEC. 212. RESERVE COMMISSIONED WARRANT OFFICER TO LIEUTENANT 
                   PROGRAM.

       Section 214(a) of title 14, United States Code, is amended 
     to read as follows:
       ``(a) The president may appoint temporary commissioned 
     officers--
       ``(1) in the Regular Coast Guard in a grade, not above 
     lieutenant, appropriate to their qualifications, experience, 
     and length of service, as the needs of the Coast Guard may 
     require, from among the commissioned warrant officers, 
     warrant officers, and enlisted members of the Coast Guard, 
     and from holders of licenses issued under chapter 71 of title 
     46; and
       ``(2) in the Coast Guard Reserve in a grade, not above 
     lieutenant, appropriate to their qualifications, experience, 
     and length of service, as the needs of the Coast Guard may 
     require, from among the commissioned warrant officers of the 
     Coast Guard Reserve.''.

     SEC. 213. ENHANCED STATUS QUO OFFICER PROMOTION SYSTEM.

       Chapter 11 of title 14, United States Code, is amended--
       (1) in section 253(a)--
       (A) by inserting ``and'' after ``considered,''; and
       (B) by striking ``, and the number of officers the board 
     may recommend for promotion'';
       (2) in section 258--
       (A) by inserting ``(a) In General.--'' before the existing 
     text;
       (B) in subsection (a) (as so designated) by striking the 
     colon at the end of the material preceding paragraph (1) and 
     inserting ``--''; and
       (C) by adding at the end the following:
       ``(b) Provision of Direction and Guidance.--
       ``(1) In addition to the information provided pursuant to 
     subsection (a), the Secretary may furnish the selection 
     board--
       ``(A) specific direction relating to the needs of the Coast 
     Guard for officers having particular skills, including 
     direction relating to the need for a minimum number of 
     officers with particular skills within a specialty; and
       ``(B) any other guidance that the Secretary believes may be 
     necessary to enable the board to properly perform its 
     functions.
       ``(2) Selections made based on the direction and guidance 
     provided under this subsection shall not exceed the maximum 
     percentage of officers who may be selected from below the 
     announced promotion zone at any given selection board 
     convened under section 251 of this title.'';
       (3) in section 259(a), by inserting after ``whom the 
     board'' the following: ``, giving due consideration to the 
     needs of the Coast Guard for officers with particular skills 
     so noted in specific direction furnished to the board by the 
     Secretary under section 258 of this title,''; and
       (4) in section 260(b), by inserting after ``qualified for 
     promotion'' the following: ``to meet the needs of the service 
     (as noted in specific direction furnished the board by the 
     Secretary under section 258 of this title)''.

     SEC. 214. LASER TRAINING SYSTEM.

       (a) In General.--Within one year after the date of 
     enactment of this Act, the Secretary of the department in 
     which the Coast Guard shall test an integrated laser 
     engagement system for the training of members of the Coast 
     Guard assigned to small vessels in the use of individual 
     weapons and machine guns on those vessels. The test shall be 
     conducted on vessels on the Great Lakes using similar laser 
     equipment used by other Federal agencies. However, that 
     equipment shall be adapted for use in the marine environment.
       (b) Report.--The Secretary shall submit a report to the 
     Committee on Transportation and Infrastructure and the 
     Committee on Homeland Security of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate within 6 months after the 
     conclusions of the test required under subsection (a) on the 
     costs and benefits of using the system regionally and 
     nationwide to train members of the Coast Guard in the use of 
     individual weapons and machine guns.

     SEC. 215. COAST GUARD VESSELS AND AIRCRAFT.

       (a) Authority To Fire At or Into a Vessel.--Section 637(c) 
     of title 14, United States Code, is amended--
       (1) in paragraph (1), by striking ``; or'' and inserting a 
     semicolon;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(3) any other vessel or aircraft on government 
     noncommercial service when--
       ``(A) the vessel or aircraft is under the tactical control 
     of the Coast Guard; and
       ``(B) at least one member of the Coast Guard is assigned 
     and conducting a Coast Guard mission on the vessel or 
     aircraft.''.
       (b) Authority To Display Coast Guard Ensigns and 
     Pennants.--Section 638(a) of title 14, United States Code, is 
     amended by striking ``Coast Guard vessels and aircraft'' and 
     inserting ``Vessels and aircraft authorized by the 
     Secretary''.

     SEC. 216. COAST GUARD DISTRICT OMBUDSMEN.

       (a) In General.--Chapter 3 of title 14, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 55. District Ombudsmen

       ``(a) In General.--The Commandant shall appoint an employee 
     of the Coast Guard in each Coast Guard District as a District 
     Ombudsman to serve as a liaison between ports, terminal 
     operators, shipowners, and labor representatives and the 
     Coast Guard.
       ``(b) Purpose.--The purpose of the District Ombudsman shall 
     be the following:
       ``(1) To support the operations of the Coast Guard in each 
     port in the District for which the District Ombudsman is 
     appointed.
       ``(2) To improve communications between and among port 
     stakeholders including, port and terminal operators, ship 
     owners, labor representatives, and the Coast Guard.
       ``(3) To seek to resolve disputes between the Coast Guard 
     and all petitioners regarding requirements imposed or 
     services provided by the Coast Guard.
       ``(c) Functions.--
       ``(1) Complaints.--The District Ombudsman may examine 
     complaints brought to the attention of the District Ombudsman 
     by a petitioner operating in a port or by Coast Guard 
     personnel.
       ``(2) Guidelines for disputes.--
       ``(A) In general.--The District Ombudsman shall develop 
     guidelines regarding the types of disputes with respect to 
     which the District Ombudsman will provide assistance.
       ``(B) Limitation.--The District Ombudsman shall not provide 
     assistance with respect to a dispute unless it involves the 
     impact of Coast Guard requirements on port business and the 
     flow of commerce.
       ``(C) Priority.--In providing such assistance, the District 
     Ombudsman shall give priority to complaints brought by 
     petitioners who believe they will suffer a significant 
     hardship as the result of implementing a Coast Guard 
     requirement or being denied a Coast Guard service.
       ``(3) Consultation.--The District Ombudsman may consult 
     with any Coast Guard personnel who can aid in the 
     investigation of a complaint.
       ``(4) Access to information.--The District Ombudsman shall 
     have access to any Coast Guard document, including any record 
     or report, that will aid the District Ombudsman in obtaining 
     the information needed to conduct an investigation of a 
     compliant.
       ``(5) Reports.--At the conclusion of an investigation, the 
     District Ombudsman shall submit a report on the findings and 
     recommendations of the District Ombudsman, to the Commander 
     of the District in which the petitioner who brought the 
     complaint is located or operating.
       ``(6) Deadline.--The District Ombudsman shall seek to 
     resolve each complaint brought in accordance with the 
     guidelines--
       ``(A) in a timely fashion; and
       ``(B) not later than 4 months after the complaint is 
     officially accepted by the District Ombudsman.
       ``(d) Appointment.--The Commandant shall appoint as the 
     District Ombudsman a civilian who has experience in port and 
     transportation systems and knowledge of port operations or of 
     maritime commerce (or both).
       ``(e) Annual Reports.--The Secretary shall report annually 
     to the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate on the matters 
     brought before the District Ombudsmen, including--
       ``(1) the number of matters brought before each District 
     Ombudsman;
       ``(2) a brief summary of each such matter; and
       ``(3) the eventual resolution of each such matter.''.
       (b) Clerical Amendment.--The analysis at the beginning of 
     that chapter is amended by adding at the end the following 
     new item:

``55. District Ombudsmen.''.

[[Page H2682]]

     SEC. 217. ENSURING CONTRACTING WITH SMALL BUSINESS CONCERNS 
                   AND DISADVANTAGED BUSINESS CONCERNS.

       (a) Requirements for Prime Contracts.--The Secretary shall 
     include in each contract awarded for procurement of goods or 
     services acquired for the Coast Guard--
       (1) a requirement that the contractor shall implement a 
     plan for the award, in accordance with other applicable 
     requirements, of subcontracts under the contract to small 
     business concerns, including small business concerns owned 
     and controlled by socially and economically disadvantaged 
     individuals, small business concerns owned and controlled by 
     women, small business concerns owned and controlled by 
     service-disabled veterans, HUBZone small business concerns, 
     small business concerns participating in the program under 
     section 8(a) of the Small Business Act (15 U.S.C. 637(a)), 
     institutions receiving assistance under title III or V of the 
     Higher Education Act of 1965 (20 U.S.C. 1051 et seq., 1101 et 
     seq.), and Alaska Native Corporations created pursuant to the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), 
     including the terms of such plan; and
       (2) a requirement that the contractor shall submit to the 
     Secretary, during performance of the contract, periodic 
     reports describing the extent to which the contractor has 
     complied with such plan, including specification (by total 
     dollar amount and by percentage of the total dollar value of 
     the contract) of the value of subcontracts awarded at all 
     tiers of subcontracting to small business concerns, 
     institutions, and corporations referred to in subsection 
     (a)(1).
       (b) Utilization of Alliances.--The Secretary shall seek to 
     facilitate award of contracts by the United States under the 
     Deepwater Program to alliances of small business concerns, 
     institutions, and corporations referred to in subsection 
     (a)(1).
       (c) Annual Report.--
       (1) In general.--The Secretary shall submit to the 
     Committee on Transportation and Infrastructure and the 
     Committee on Homeland Security of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate by October 31 each year a report 
     on the award of contracts under the Deepwater Program to 
     small business concerns, institutions, and corporations 
     referred to in subsection (a)(1) during the preceding fiscal 
     year.
       (2) Contents.--The Secretary shall include in each report--
       (A) specification of the value of such contracts, by dollar 
     amount and as a percentage of the total dollar value of all 
     contracts awarded by the United States under the Deepwater 
     Program in such fiscal year;
       (B) specification of the total dollar value of such 
     contracts awarded to each of the categories of small business 
     concerns, institutions, and corporations referred to in 
     subsection (a)(1); and
       (C) if the percentage specified under subparagraph (A) is 
     less than 25 percent, an explanation of--
       (i) why the percentage is less than 25 percent; and
       (ii) what will be done to ensure that the percentage for 
     the following fiscal year will not be less than 25 percent.
       (d) Definitions.--In this section:
       (1) Deepwater program.--The term ``Deepwater Program'' 
     means the Integrated Deepwater Systems Program described by 
     the Coast Guard in its report to Congress entitled ``Revised 
     Deepwater Implementation Plan 2005'', dated March 25, 2005. 
     The Deepwater Program primarily involves the procurement of 
     cutter and aviation assets that operate more than 50 miles 
     offshore.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the department in which the Coast Guard is operating.

     SEC. 218. ASSISTANT COMMANDANT FOR PORT AND WATERWAY 
                   SECURITY.

       (a) In General.--Chapter 3 of title 14, United States Code, 
     is further amended by adding at the end the following:

     ``Sec. 61. Assistant Commandant for Port and Waterway 
       Security

       ``(a) There shall be in the Coast Guard an Assistant 
     Commandant for Port and Waterway Security who shall be a Rear 
     Admiral or civilian from the Senior Executive Service (career 
     reserved) selected by the Secretary.
       ``(b) The Assistant Commandant for Port and Waterway 
     Security shall serve as the principal advisor to the 
     Commandant regarding port and waterway security and shall 
     carry out the duties and powers delegated and imposed by the 
     Secretary.''.
       (b) Clerical Amendment.--The analysis at the beginning of 
     that chapter is further amended by adding at the end the 
     following:

``61. Assistant Commandant for Port and Waterway Security.''.

     SEC. 219. SMALL BUSINESS PROCUREMENTS.

       (a) In General.--Chapter 17 of title 14, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 678. Disadvantaged business enterprise program

       ``(a) In General.--Except to the extent that the Secretary 
     determines otherwise, not less than 10 percent of the amounts 
     obligated by the Coast Guard for contracts in any fiscal year 
     shall be expended with small business concerns owned and 
     controlled by socially and economically disadvantaged 
     individuals.
       ``(b) Definitions.--In this subsection, the following 
     definitions apply:
       ``(1) Small business concern.--The term `small business 
     concern' has the meaning given that term under section 3 of 
     the Small Business Act (15 U.S.C. 632).
       ``(2) Socially and economically disadvantaged 
     individuals.--The term `socially and economically 
     disadvantaged individuals' has the meaning that term has 
     under section 8(d) of the Small Business Act (15 U.S.C. 
     637(d)) and relevant subcontracting regulations issued 
     pursuant to that Act, except that women shall be presumed to 
     be socially and economically disadvantaged individuals for 
     purposes of this subsection.
       ``(c) Regulations.--The Secretary shall issue final 
     regulations governing the administration of the program 
     created by this section by one year after the date of 
     enactment of this section. To the maximum extent feasible, 
     these regulations shall impose requirements similar to those 
     of part 26 of title 49, Code of Federal Regulations, with 
     respect to setting overall and contract goals, good faith 
     efforts, and the contract award process, counting of credit 
     for the participation of businesses owned and controlled by 
     socially and economically disadvantaged individuals, and 
     determining whether businesses are eligible to participate in 
     the program.
       ``(d) Termination.--This section shall cease to be 
     effective three years after the date of its enactment.''.
       (b) Clerical Amendment.--The analysis at the beginning of 
     that chapter is further amended by adding at the end the 
     following:

``678. Disadvantaged business enterprise program.''.

     SEC. 220. ENFORCEMENT OF COASTWISE TRADE LAWS.

       (a) In General.--Chapter 5 of title 14, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 101. Enforcement of coastwise trade laws

       ``Officers and members of the Coast Guard are authorized to 
     enforce chapter 551 of title 46. The Secretary shall 
     establish a program for these officers and members to enforce 
     that chapter, including the application of those laws to 
     vessels that support the exploration, development, and 
     production of oil, gas, or mineral resources in the Gulf of 
     Mexico.''.
       (b) Clerical Amendment.--The analysis for that chapter is 
     amended by adding at the end the following new item:

``101. Enforcement of coastwise trade laws.''.

       (c) Report.--The Secretary of the department in which the 
     Coast Guard is operating shall submit a report to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Senate Committee on Commerce, 
     Science, and Transportation within one year after the date of 
     enactment of this Act on the enforcement strategies and 
     enforcement actions taken to enforce the coastwise trade 
     laws.

     SEC. 221. NOMINATION AND APPOINTMENT OF CADETS AT THE COAST 
                   GUARD ACADEMY.

       (a) Nomination and Competitive Appointment, Generally.--
     Section 182(a) of title 14, United States Code, is amended to 
     read as follows:
       ``(a) Nomination and Competitive Appointment of Cadets.--
       ``(1) Eligibility for nomination.--An individual may be 
     nominated for a competitive appointment as a cadet at the 
     Coast Guard Academy only if the individual-
       ``(A) is a citizen or national of the United States; and
       ``(B) meets the minimum requirements that the Secretary 
     shall establish.
       ``(2) Nominators.--Nominations for competitive appointments 
     for the positions allocated under this section may be made as 
     follows:
       ``(A) A Senator may nominate residents of the State 
     represented by that Senator.
       ``(B) A Member of the House of Representatives may nominate 
     residents of the State in which the congressional district 
     represented by that Member is located.
       ``(C) A Delegate to the House of Representatives from the 
     District of Columbia, the Virgin Islands, Guam, or American 
     Samoa may nominate residents of the jurisdiction represented 
     by that Delegate.
       ``(D) The Resident Commissioner to the United States from 
     Puerto Rico may nominate residents of Puerto Rico.
       ``(E) The Governor of the Northern Mariana Islands may 
     nominate residents of the Northern Mariana Islands.
       ``(3) Allocation of positions.--Positions for competitive 
     appointments shall be allocated each year as follows:
       ``(A) Positions shall be allocated for residents of each 
     State nominated by the Members of Congress from that State in 
     proportion to the representation in Congress from that State.
       ``(B) Four positions shall be allocated for residents of 
     the District of Columbia.
       ``(C) One position each shall be allocated for residents of 
     the Virgin Islands, Guam, and American Samoa, respectively.
       ``(D) One position shall be allocated for a resident of 
     Puerto Rico.
       ``(E) One position shall be allocated for a resident of the 
     Northern Mariana Islands.
       ``(F) Two positions shall be allocated for individuals 
     nominated by the Panama Canal Commission.
       ``(4) Competitive system for appointment.--
       ``(A) Establishment of system.--The Secretary shall 
     establish a competitive system for selecting for appointment 
     individuals nominated under paragraph (1) to fill the 
     positions allocated under paragraph (3). The system must 
     determine the relative merit of

[[Page H2683]]

     each individual based on competitive examinations, an 
     assessment of the individual's academic background, and other 
     effective indicators of motivation and probability of 
     successful completion of training at the Academy.
       ``(B) Appointments by jurisdiction.--The Secretary shall 
     appoint individuals to fill the positions allocated under 
     subsection (c) for each jurisdiction in the order of merit of 
     the individuals nominated from that jurisdiction.
       ``(C) Remaining unfilled positions.--If positions remain 
     unfilled after the appointments are made under paragraph (2), 
     the Secretary shall appoint individuals to fill the positions 
     in the order of merit of the remaining individuals nominated 
     from all jurisdictions.
       ``(5) Noncompetitive appointments.--The Secretary may 
     appoint each year without competition as cadets at the 
     Academy the following:
       ``(A) Without limit, the children of persons who have been 
     awarded the Medal of Honor for acts performed while in the 
     armed forces.
       ``(B) Without limit--
       ``(i) children of individuals who died while on active duty 
     in the armed forces of the United States;
       ``(ii) children of individuals who are determined by the 
     Secretary of Veterans Affairs to have a service-connected 
     disability rated at not less than 100 percent resulting from 
     wounds or injuries received in, diseases contracted in, or 
     preexisting injury or disease aggravated by, active service;
       ``(iii) children of members of the armed forces of the 
     United States who are in a missing status as defined in 
     section 551(2) of title 37; and
       ``(iv) children of civilian employees of the armed forces 
     of the United States who are in missing status as defined in 
     section 5561(5) of title 5.
       ``(C) Not more than 25 enlisted members of the Coast Guard;
       ``(D) Not more than 20 qualified individuals with qualities 
     the Secretary considers to be of special value to the Academy 
     and that the Secretary considers will achieve a national 
     demographic balance at the Academy.
       ``(6) Additional appointments from particular areas.--
       ``(A) Other countries in western hemisphere.--The President 
     may appoint individuals from countries in the Western 
     Hemisphere other than the United States to receive 
     instruction at the Academy. Not more than 12 individuals may 
     receive instruction under this subsection at the same time, 
     and not more than 2 individuals from the same country may 
     receive instruction under this subsection at the same time.
       ``(B) Other countries generally.--
       ``(i) Appointment.--The Secretary, with the approval of the 
     Secretary of State, may appoint individuals from countries 
     other than the United States to receive instruction at the 
     Academy. Not more than 20 individuals may receive instruction 
     under this subsection at the same time.
       ``(ii) Reimbursement.--The Secretary shall ensure that the 
     country from which an individual comes under this subsection 
     will reimburse the Secretary for the cost (as determined by 
     the Secretary) of the instruction and allowances received by 
     the individual at the Academy.
       ``(C) Commitment.--Each individual attending the Academy 
     under this paragraph shall sign an agreement stating that the 
     individual, upon graduation, will accept an appointment, if 
     tendered, as an officer in the Coast Guard of the country 
     from which the individual comes for at least five years.
       ``(7) Prohibited basis for appointment.--Preference may not 
     be given to an individual for appointment as a cadet at the 
     Academy because one or more members of the individual's 
     immediate family are alumni of the Academy.''.
       (b)  Minority Recruiting Program.--
       (1) In general.--Chapter 9 of title 14, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 197. Minority recruiting program

       ``The Secretary of the department in which the Coast Guard 
     is operating shall establish a minority recruiting program 
     for prospective cadets at the Coast Guard Academy. The 
     program may include--
       ``(1) use of minority cadets and officers to provide 
     information regarding the Coast Guard and the Academy to 
     students in high schools;
       ``(2) sponsoring of trips to high school teachers and 
     guidance counselors to the Academy;
       ``(3) to the extent authorized by the Secretary of the 
     Navy, maximizing the use of the Naval Academy Preparatory 
     School to prepare students to be cadets at the Coast Guard 
     Academy;
       ``(4) recruiting minority members of the Coast Guard to 
     attend the Academy;
       ``(5) establishment of a minority affairs office at the 
     Academy; and
       ``(6) use of minority officers and members of the Coast 
     Guard Reserve and Auxiliary to promote the Academy.''.
       (2) Clerical amendment.--The table of sections for that 
     cuapter is amended by adding at the end the folowing new 
     item:

``197. Minority recruiting program.''.

                   TITLE III--SHIPPING AND NAVIGATION

     SEC. 301. VESSEL SIZE LIMITS.

       (a) Length, Tonnage, and Horsepower.--Section 12113(d)(2) 
     of title 46, United States Code, is amended--
       (1) by inserting ``and'' after the semicolon at the end of 
     subparagraph (A)(i);
       (2) by striking ``and'' at the end of subparagraph (A)(ii);
       (3) by striking subparagraph (A)(iii);
       (4) by striking the period at the end of subparagraph (B) 
     and inserting ``; or''; and
       (5) by inserting at the end the following:
       ``(C) the vessel is either a rebuilt vessel or a 
     replacement vessel under section 208(g) of the American 
     Fisheries Act (title II of division C of Public Law 105-277; 
     112 Stat. 2681-627) and is eligible for a fishery endorsement 
     under this section.''.
       (b) Conforming Amendments.--
       (1) Vessel rebuilding and replacement.--Section 208(g) of 
     the American Fisheries Act (title II of division C of Public 
     Law 105-277; 112 Stat. 2681-627) is amended to read as 
     follows:
       ``(g) Vessel Rebuilding and Replacement.--
       ``(1) In general.--
       ``(A) Rebuild or replace.--Notwithstanding any limitation 
     to the contrary on replacing, rebuilding, or lengthening 
     vessels or transferring permits or licenses to a replacement 
     vessel contained in sections 679.2 and 679.4 of title 50, 
     Code of Federal Regulations, as in effect on the date of 
     enactment of the Coast Guard Authorization Act of 2008 and 
     except as provided in paragraph (4), the owner of a vessel 
     eligible under subsection (a), (b), (c), (d), or (e) (other 
     than paragraph (21)), in order to improve vessel safety and 
     operational efficiencies (including fuel efficiency), may 
     rebuild or replace that vessel (including fuel efficiency) 
     with a vessel documented with a fishery endorsement under 
     section 12113 of title 46, United States Code.
       ``(B) Same requirements.--The rebuilt or replacement vessel 
     shall be eligible in the same manner and subject to the same 
     restrictions and limitations under such subsection as the 
     vessel being rebuilt or replaced.
       ``(C) Transfer of permits and licenses.--Each fishing 
     permit and license held by the owner of a vessel or vessels 
     to be rebuilt or replaced under subparagraph (A) shall be 
     transferred to the rebuilt or replacement vessel.
       ``(2) Recommendations of north pacific council.--The North 
     Pacific Council may recommend for approval by the Secretary 
     such conservation and management measures, including size 
     limits and measures to control fishing capacity, in 
     accordance with the Magnuson-Stevens Act as it considers 
     necessary to ensure that this subsection does not diminish 
     the effectiveness of fishery management plans of the Bering 
     Sea and Aleutian Islands Management Area or the Gulf of 
     Alaska.
       ``(3) Special rule for replacement of certain vessels.--
       ``(A) In general.--Notwithstanding the requirements of 
     subsections (b)(2), (c)(1), and (c)(2) of section 12113 of 
     title 46, United States Code, a vessel that is eligible under 
     subsection (a), (b), (c), (d), or (e) (other than paragraph 
     (21)) and that qualifies to be documented with a fishery 
     endorsement pursuant to section 203(g) or 213(g) may be 
     replaced with a replacement vessel under paragraph (1) if the 
     vessel that is replaced is validly documented with a fishery 
     endorsement pursuant to section 203(g) or 213(g) before the 
     replacement vessel is documented with a fishery endorsement 
     under section 12113 of title 46, United States Code.
       ``(B) Applicability.--A replacement vessel under 
     subparagraph (A) and its owner and mortgagee are subject to 
     the same limitations under section 203(g) or 213(g) that are 
     applicable to the vessel that has been replaced and its owner 
     and mortgagee.
       ``(4) Special rules for certain catcher vessels.--
       ``(A) In general.--A replacement for a covered vessel 
     described in subparagraph (B) is prohibited from harvesting 
     fish in any fishery (except for the Pacific whiting fishery) 
     managed under the authority of any regional fishery 
     management council (other than the North Pacific Council) 
     established under section 302(a) of the Magnuson-Stevens Act.
       ``(B) Covered vessels.--A covered vessel referred to in 
     subparagraph (A) is--
       ``(i) a vessel eligible under subsection (a), (b), or (c) 
     that is replaced under paragraph (1); or
       ``(ii) a vessel eligible under subsection (a), (b), or (c) 
     that is rebuilt to increase its registered length, gross 
     tonnage, or shaft horsepower.
       ``(5) Limitation on fishery endorsements.--Any vessel that 
     is replaced under this subsection shall thereafter not be 
     eligible for a fishery endorsement under section 12113 of 
     title 46, United States Code, unless that vessel is also a 
     replacement vessel described in paragraph (1).
       ``(6) Gulf of alaska limitation.--Notwithstanding paragraph 
     (1), the Secretary shall prohibit from participation in the 
     groundfish fisheries of the Gulf of Alaska any vessel that is 
     rebuilt or replaced under this subsection and that exceeds 
     the maximum length overall specified on the license that 
     authorizes fishing for groundfish pursuant to the license 
     limitation program under part 679 of title 50, Code of 
     Federal Regulations, as in effect on the date of enactment of 
     the Coast Guard Authorization Act of 2008.
       ``(7) Authority of pacific council.--Nothing in this 
     section shall be construed to diminish or otherwise affect 
     the authority of the Pacific Council to recommend to the 
     Secretary conservation and management

[[Page H2684]]

     measures to protect fisheries under its jurisdiction 
     (including the Pacific whiting fishery) and participants in 
     such fisheries from adverse impacts caused by this Act.''.
       (2) Exemption of certain vessels.--Section 203(g) of the 
     American Fisheries Act (title II of division C of Public Law 
     105-277; 112 Stat. 2681-620) is amended--
       (A) by inserting ``and'' after ``(United States official 
     number 651041)'';
       (B) by striking ``, NORTHERN TRAVELER (United States 
     official number 635986), and NORTHERN VOYAGER (United States 
     official number 637398) (or a replacement vessel for the 
     NORTHERN VOYAGER that complies with paragraphs (2), (5), and 
     (6) of section 208(g) of this Act)''; and
       (C) by striking ``, in the case of the NORTHERN'' and all 
     that follows through ``PHOENIX,''.
       (3) Fishery cooperative exit provisions.--Section 210(b) of 
     the American Fisheries Act (title II of division C of Public 
     Law 105-277; 112 Stat. 2681-629) is amended--
       (A) by moving the matter beginning with ``the Secretary 
     shall'' in paragraph (1) 2 ems to the right;
       (B) by adding at the end the following:
       ``(7) Fishery cooperative exit provisions.--
       ``(A) Fishing allowance determination.--For purposes of 
     determining the aggregate percentage of directed fishing 
     allowances under paragraph (1), when a catcher vessel is 
     removed from the directed pollock fishery, the fishery 
     allowance for pollock for the vessel being removed--
       ``(i) shall be based on the catch history determination for 
     the vessel made pursuant to section 679.62 of title 50, Code 
     of Federal Regulations, as in effect on the date of enactment 
     of the Coast Guard Authorization Act of 2008; and
       ``(ii) shall be assigned, for all purposes under this 
     title, in the manner specified by the owner of the vessel 
     being removed to any other catcher vessel or among other 
     catcher vessels participating in the fishery cooperative if 
     such vessel or vessels remain in the fishery cooperative for 
     at least one year after the date on which the vessel being 
     removed leaves the directed pollock fishery.
       ``(B) Eligibility for fishery endorsement.--Except as 
     provided in subparagraph (C), a vessel that is removed 
     pursuant to this paragraph shall be permanently ineligible 
     for a fishery endorsement, and any claim (including relating 
     to catch history) associated with such vessel that could 
     qualify any owner of such vessel for any permit to 
     participate in any fishery within the exclusive economic zone 
     of the United States shall be extinguished, unless such 
     removed vessel is thereafter designated to replace a vessel 
     to be removed pursuant to this paragraph.
       ``(C) Limitations on statutory construction.--Nothing in 
     this paragraph shall be construed--
       ``(i) to make the vessels AJ (United States official number 
     905625), DONA MARTITA (United States official number 651751), 
     NORDIC EXPLORER (United States official number 678234), and 
     PROVIDIAN (United States official number 1062183) ineligible 
     for a fishery endorsement or any permit necessary to 
     participate in any fishery under the authority of the New 
     England Fishery Management Council or the Mid-Atlantic 
     Fishery Management Council established, respectively, under 
     subparagraphs (A) and (B) of section 302(a)(1) of the 
     Magnuson-Stevens Act; or
       ``(ii) to allow the vessels referred to in clause (i) to 
     participate in any fishery under the authority of the 
     Councils referred to in clause (i) in any manner that is not 
     consistent with the fishery management plan for the fishery 
     developed by the Councils under section 303 of the Magnuson-
     Stevens Act.''.

     SEC. 302. GOODS AND SERVICES.

       Section 4(b) of the Act of July 5, 1884, commonly known as 
     the Rivers and Harbors Appropriation Act of 1884 (33 U.S.C. 
     5(b)), is amended--
       (1) by striking ``or'' at the end of paragraph (2)(C);
       (2) by striking the period at the end of paragraph (3) and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(4) sales taxes on goods and services provided to or by 
     vessels or watercraft (other than vessels or watercraft 
     primarily engaged in foreign commerce).''.

     SEC. 303. SEAWARD EXTENSION OF ANCHORAGE GROUNDS 
                   JURISDICTION.

       Section 7 of the Rivers and Harbors Appropriations Act of 
     1915 (33 U.S.C. 471) is amended--
       (1) by striking ``That the'' and inserting the following:
       ``(a) In General.--The''.
       (2) in subsection (a) (as designated by paragraph (1)) by 
     striking ``$100; and the'' and inserting ``up to $10,000. 
     Each day during which a violation continues shall constitute 
     a separate violation. The'';
       (3) by adding at the end the following:
       ``(b) Definition.--As used in this section `navigable 
     waters of the United States' includes all waters of the 
     territorial sea of the United States as described in 
     Presidential Proclamation No. 5928 of December 27, 1988.''.

     SEC. 304. MARITIME DRUG LAW ENFORCEMENT ACT AMENDMENT-SIMPLE 
                   POSSESSION.

       Section 70506 of title 46, United States Code, is amended 
     by adding at the end the following:
       ``(c) Simple Possession.--
       ``(1) In general.--Any individual on a vessel subject to 
     the jurisdiction of the United States who is found by the 
     Secretary, after notice and an opportunity for a hearing, to 
     have knowingly or intentionally possessed a controlled 
     substance within the meaning of the Controlled Substances Act 
     (21 U.S.C. 812) shall be liable to the United States for a 
     civil penalty of not to exceed $10,000 for each violation. 
     The Secretary shall notify the individual in writing of the 
     amount of the civil penalty.
       ``(2) Determination of amount.--In determining the amount 
     of the penalty, the Secretary shall consider the nature, 
     circumstances, extent, and gravity of the prohibited acts 
     committed and, with respect to the violator, the degree of 
     culpability, any history of prior offenses, ability to pay, 
     and other matters that justice requires.
       ``(3) Treatment of civil penalty assessment.--Assessment of 
     a civil penalty under this subsection shall not be considered 
     a conviction for purposes of State or Federal law but may be 
     considered proof of possession if such a determination is 
     relevant.''.

     SEC. 305. TECHNICAL AMENDMENTS TO TONNAGE MEASUREMENT LAW.

       (a) Definitions.--Section 14101(4) of title 46, United 
     States Code, is amended--
       (1) by striking ``engaged'' the first place it appears and 
     inserting ``that engages'';
       (2) in subparagraph (A), by striking ``arriving'' and 
     inserting ``that arrives'';
       (3) in subparagraph (B)--
       (A) by striking ``making'' and inserting ``that makes''; 
     and
       (B) by striking ``(except a foreign vessel engaged on that 
     voyage)'';
       (4) in subparagraph (C), by striking ``departing'' and 
     inserting ``that departs''; and
       (5) in subparagraph (D), by striking ``making'' and 
     inserting ``that makes''.
       (b) Delegation of Authority.--Section 14103(c) of that 
     title is amended by striking ``intended to be engaged on'' 
     and inserting ``that engages on''.
       (c) Application.--Section 14301 of that title is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Except as otherwise provided in this section, this 
     chapter applies to any vessel for which the application of an 
     international agreement or other law of the United States to 
     the vessel depends on the vessel's tonnage.'';
       (2) in subsection (b)--
       (A) in paragraph (1), by striking the period at the end and 
     inserting ``, unless the government of the country to which 
     the vessel belongs elects to measure the vessel under this 
     chapter.'';
       (B) in paragraph (3), by inserting ``of United States or 
     Canadian registry or nationality, or a vessel operated under 
     the authority of the United States or Canada, and that is'' 
     after ``vessel'';
       (C) in paragraph (4), by striking ``a vessel (except a 
     vessel engaged'' and inserting ``a vessel of United States 
     registry or nationality, or one operated under the authority 
     of the United States (except a vessel that engages'';
       (D) by striking paragraph (5);
       (E) by redesignating paragraph (6) as paragraph (5); and
       (F) by amending paragraph (5), as so redesignated, to read 
     as follows:
       ``(5) a barge of United States registry or nationality, or 
     a barge operated under the authority of the United States 
     (except a barge that engages on a foreign voyage) unless the 
     owner requests.'';
       (3) by striking subsection (c);
       (4) by redesignating subsections (d) and (e) as subsections 
     (c) and (d), respectively; and
       (5) in subsection (c), as redesignated, by striking ``After 
     July 18, 1994, an existing vessel (except an existing vessel 
     referred to in subsection (b)(5)(A) or (B) of this section)'' 
     and inserting ``An existing vessel that has not undergone a 
     change that the Secretary finds substantially affects the 
     vessel's gross tonnage (or a vessel to which IMO Resolutions 
     A.494 (XII) of November 19, 1981, A.540 (XIII) of November 
     17, 1983, or A.541 (XIII) of November 17, 1983 apply)''.
       (d) Measurement.--Section 14302(b) of that title is amended 
     to read as follows:
       ``(b) A vessel measured under this chapter may not be 
     required to be measured under another law.''.
       (e) Tonnage Certificate.--
       (1) Issuance.--Section 14303 of title 46, United States 
     Code, is amended--
       (A) in subsection (a), by adding at the end the following: 
     ``For a vessel to which the Convention does not apply, the 
     Secretary shall prescribe a certificate to be issued as 
     evidence of a vessel's measurement under this chapter.'';
       (B) in subsection (b), by inserting ``issued under this 
     section'' after ``certificate''; and
       (C) in the section heading by striking ``INTERNATIONAL'' 
     and ``(1969)''.
       (2) Maintenance.--Section 14503 of that title is amended--
       (A) by designating the existing text as subsection (a); and
       (B) by adding at the end the following new subsection:
       ``(b) The certificate shall be maintained as required by 
     the Secretary.''.
       (3) Clerical amendment.--The analysis at the beginning of 
     chapter 143 of that title is amended by striking the item 
     relating to section 14303 and inserting the following:

``14303. Tonnage Certificate.''.

       (f) Optional Regulatory Measurement.--Section 14305(a) of 
     that title is amended by striking ``documented vessel 
     measured under

[[Page H2685]]

     this chapter,'' and inserting ``vessel measured under this 
     chapter that is of United States registry or nationality, or 
     a vessel operated under the authority of the United 
     States,''.
       (g) Application.--Section 14501 of that title is amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) A vessel not measured under chapter 143 of this title 
     if the application of an international agreement or other law 
     of the United States to the vessel depends on the vessel's 
     tonnage.''; and
       (2) in paragraph (2), by striking ``a vessel'' and 
     inserting ``A vessel''.
       (h) Dual Tonnage Measurement.--Section 14513(c) of that 
     title is amended--
       (1) in paragraph (1)--
       (A) by striking ``vessel's tonnage mark is below the 
     uppermost part of the load line marks,'' and inserting 
     ``vessel is assigned two sets of gross and net tonnages under 
     this section,''; and
       (B) by inserting ``vessel's tonnage'' before ``mark'' the 
     second place such term appears; and
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``as assigned under this section.''.
       (i) Reciprocity for Foreign Vessels.--Subchapter II of 
     chapter 145 of that title is amended by adding at the end the 
     following:

     ``Sec. 14514. Reciprocity for foreign vessels

       ``For a foreign vessel not measured under chapter 143, if 
     the Secretary finds that the laws and regulations of a 
     foreign country related to measurement of vessels are 
     substantially similar to those of this chapter and the 
     regulations prescribed under this chapter, the Secretary may 
     accept the measurement and certificate of a vessel of that 
     foreign country as complying with this chapter and the 
     regulations prescribed under this chapter.''.
       (j) Clerical Amendment.--The analysis for subchapter II of 
     chapter 145 of such title is amended by adding at the end the 
     following:

``14514. Reciprocity for foreign vessels.''.

     SEC. 306. COLD WEATHER SURVIVAL TRAINING.

       (a) Report.--The Commandant of the Coast Guard shall report 
     to the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate on the efficacy of 
     cold weather survival training conducted by the Coast Guard 
     in Coast Guard District 17 over the preceding 5 years. The 
     report shall include plans for conducting such training in 
     fiscal years 2008 through 2011.
       (b) Authorization of Appropriations for Training.--There 
     are authorized to be appropriated to the Secretary of 
     Homeland Security $150,000 to carry out cold weather survival 
     training in Coast Guard District 17.

     SEC. 307. FISHING VESSEL SAFETY.

       (a) Safety Standards.--Section 4502 of title 46, United 
     States Code, is amended--
       (1) in subsection (a), by--
       (A) striking paragraphs (6) and (7) and inserting the 
     following:
       ``(6) other equipment required to minimize the risk of 
     injury to the crew during vessel operations, if the Secretary 
     determines that a risk of serious injury exists that can be 
     eliminated or mitigated by that equipment; and''; and
       (B) redesignating paragraph (8) as paragraph (7);
       (2) in subsection (b)--
       (A) in paragraph (1) in the matter preceding subparagraph 
     (A), by striking ``documented'';
       (B) in paragraph (1)(A), by striking ``the Boundary Line'' 
     and inserting ``3 nautical miles from the baseline from which 
     the territorial sea of the United States is measured or 
     beyond 3 nautical miles from the coastline of the Great 
     Lakes'';
       (C) in paragraph (2)(B), by striking ``lifeboats or 
     liferafts'' and inserting ``a survival craft that ensures 
     that no part of an individual is immersed in water'';
       (D) in paragraph (2)(D), by inserting ``marine'' before 
     ``radio'';
       (E) in paragraph (2)(E), by striking ``radar reflectors, 
     nautical charts, and anchors'' and inserting ``nautical 
     charts, and publications'';
       (F) in paragraph (2)(F), by striking ``, including medicine 
     chests'' and inserting ``and medical supplies sufficient for 
     the size and area of operation of the vessel'' and
       (G) by amending paragraph (2)(G) to read as follows:
       ``(G) ground tackle sufficient for the vessel.'';
       (3) by amending subsection (f) to read as follows:
       ``(f) To ensure compliance with the requirements of this 
     chapter, the Secretary--
       ``(1) shall require the individual in charge of a vessel 
     described in subsection (b) to keep a record of equipment 
     maintenance, and required instruction and drills; and
       ``(2) shall examine at dockside a vessel described in 
     subsection (b) at least twice every 5 years, and shall issue 
     a certificate of compliance to a vessel meeting the 
     requirements of this chapter.''; and
       (4) by adding at the end the following:
       ``(g)(1) The individual in charge of a vessel described in 
     subsection (b) must pass a training program approved by the 
     Secretary that meets the requirements in paragraph (2) of 
     this subsection and hold a valid certificate issued under 
     that program.
       ``(2) The training program shall--
       ``(A) be based on professional knowledge and skill obtained 
     through sea service and hands-on training, including training 
     in seamanship, stability, collision prevention, navigation, 
     fire fighting and prevention, damage control, personal 
     survival, emergency medical care, and weather;
       ``(B) require an individual to demonstrate ability to 
     communicate in an emergency situation and understand 
     information found in navigation publications;
       ``(C) recognize and give credit for recent past experience 
     in fishing vessel operation; and
       ``(D) provide for issuance of a certificate to an 
     individual that has successfully completed the program.
       ``(3) The Secretary shall prescribe regulations 
     implementing this subsection. The regulations shall require 
     that individuals who are issued a certificate under paragraph 
     (2)(D) must complete refresher training at least once every 5 
     years as a condition of maintaining the validity of the 
     certificate.
       ``(4) The Secretary shall establish a publicly accessible 
     electronic database listing the names of individuals who have 
     participated in and received a certificate confirming 
     successful completion of a training program approved by the 
     Secretary under this section.
       ``(h) A vessel to which this chapter applies shall be 
     constructed in a manner that provides a level of safety 
     equivalent to the minimum safety standards the Secretary may 
     established for recreational vessels under section 4302, if--
       ``(1) subsection (b) of this section applies to the vessel;
       ``(2) the vessel is less than 50 feet overall in length; 
     and
       ``(3) the vessel is built after January 1, 2008.
       ``(i)(1) The Secretary shall establish a Fishing Safety 
     Training Grants Program to provide funding to municipalities, 
     port authorities, other appropriate public entities, not-for-
     profit organizations, and other qualified persons that 
     provide commercial fishing safety training--
       ``(A) to conduct fishing vessel safety training for vessel 
     operators and crewmembers that--
       ``(i) in the case of vessel operators, meets the 
     requirements of subsection (g); and
       ``(ii) in the case of crewmembers, meets the requirements 
     of subsection (g)(2)(A), such requirements of subsection 
     (g)(2)(B) as are appropriate for crewmembers, and the 
     requirements of subsections (g)(2)(D), (g)(3), and (g)(4); 
     and
       ``(B) for purchase of safety equipment and training aids 
     for use in those fishing vessel safety training programs.
       ``(2) The Secretary shall award grants under this 
     subsection on a competitive basis.
       ``(3) The Federal share of the cost of any activity carried 
     out with a grant under this subsection shall not exceed 75 
     percent.
       ``(4) There is authorized to be appropriated $3,000,000 for 
     each of fiscal years 2008 through 2012 for grants under this 
     subsection.
       ``(j)(1) The Secretary shall establish a Fishing Safety 
     Research Grant Program to provide funding to individuals in 
     academia, members of non-profit organizations and businesses 
     involved in fishing and maritime matters, and other persons 
     with expertise in fishing safety, to conduct research on 
     methods of improving the safety of the commercial fishing 
     industry, including vessel design, emergency and survival 
     equipment, enhancement of vessel monitoring systems, 
     communications devices, de-icing technology, and severe 
     weather detection.
       ``(2) The Secretary shall award grants under this 
     subsection on a competitive basis.
       ``(3) The Federal share of the cost of any activity carried 
     out with a grant under this subsection shall not exceed 75 
     percent.''.
       (b) Conforming Amendment.--Section 4506(b) of title 46, 
     United States Code, is repealed.
       (c) Advisory Committee.--
       (1) Change of name.--Section 4508 of title 46, United 
     States Code, is amended--
       (A) by striking the section heading and inserting the 
     following:

     ``Sec. 4508. Commercial Fishing Safety Advisory Committee'';

     and
       (B) in subsection (a) by striking ``Industry Vessel''.
       (2) Clerical amendment.--The table of section at the 
     beginning of chapter 45 of title 46, United States Code, is 
     amended by striking the item relating to such section and 
     inserting the following:

``4508. Commercial Fishing Safety Advisory Committee.''.

       (d) Loadlines for Vessels Over 79 Feet.--Section 5102(b)(3) 
     of title 46, United States Code, is amended by inserting 
     after ``vessel'' the following ``, unless the vessel is built 
     or undergoes a major conversion completed after January 1, 
     2008''.
       (e) Classing of Vessels.--
       (1) In general.--Section 4503 of title 46, United States 
     Code, is amended--
       (A) by striking the section heading and inserting the 
     following:

     ``Sec. 4503. Fishing, fish tender, and fish processing vessel 
       certification'';

       (B) in subsection (a) by striking ``fish processing''; and
       (C) by adding at the end the following:
       ``(c) This section applies to a vessel to which section 
     4502(b) of this title applies that--
       ``(1) is at least 50 feet overall in length;
       ``(2) is built after January 1, 2008; or

[[Page H2686]]

       ``(3) undergoes a major conversion completed after that 
     date.
       ``(d)(1) After January 1, 2018, a fishing vessel, fish 
     processing vessel, or fish tender vessel to which section 
     4502(b) of this title applies shall comply with an alternate 
     safety compliance program that is developed in cooperation 
     with the commercial fishing industry and prescribed by the 
     Secretary, if the vessel--
       ``(A) is at least 50 feet overall in length;
       ``(B) is built before January 1, 2008; and
       ``(C) is 25 years of age or older.
       ``(2) Alternative safety compliance programs may be 
     developed for purposes of paragraph (1) for specific regions 
     and fisheries.
       ``(3) A fishing vessel, fish processing vessel, or fish 
     tender vessel to which section 4502(b) of this title applies 
     that was classed before January 1, 2008, shall--
       ``(A) remain subject to the requirements of a 
     classification society approved by the Secretary; and
       ``(B) have on board a certificate from that society.''.
       (2) Clerical amendment.--The table of section at the 
     beginning of chapter 45 of title 46, United States Code, is 
     amended by striking the item relating to such section and 
     inserting the following:

``4503. Fishing, fish tender, and fish processing vessel 
              certification.''.

       (f) Alternative Safety Compliance Program.--No later than 
     January 1, 2015, the Secretary of the department in which the 
     Coast Guard is operating shall prescribe an alternative 
     safety compliance program referred to in section 4503(d) of 
     the title 46, United States Code, as amended by this section.

     SEC. 308. MARINER RECORDS.

       Section 7502 of title 46, United States Code, is amended--
       (1) by inserting ``(a)'' before ``The'';
       (2) by striking ``computerized records'' and inserting 
     ``records, including electronic records,''; and
       (3) by adding at the end the following:
       ``(b) The Secretary may prescribe regulations requiring a 
     vessel owner or managing operator of a commercial vessel, or 
     the employer of a seaman on that vessel, to maintain records 
     of each individual engaged on the vessel on matters of 
     engagement, discharge, and service for not less than 5 years 
     after the date of the completion of the service of that 
     individual on the vessel. The regulations may require that a 
     vessel owner, managing operator, or employer shall make these 
     records available to the individual and the Coast Guard on 
     request.
       ``(c) A person violating this section, or a regulation 
     prescribed under this section, is liable to the United States 
     Government for a civil penalty of not more than $5,000.''.

     SEC. 309. DELETION OF EXEMPTION OF LICENSE REQUIREMENT FOR 
                   OPERATORS OF CERTAIN TOWING VESSELS.

       Section 8905 of title 46, United States Code, is amended--
       (1) by striking subsection (b); and
       (2) by redesignating subsection (c) as subsection (b).

     SEC. 310. ADJUSTMENT OF LIABILITY LIMITS FOR NATURAL GAS 
                   DEEPWATER PORTS.

       Section 1004(d)(2) of the Oil Pollution Act of 1990 (33 
     U.S.C. 2704(d)(2)) is amended by adding at the end the 
     following:
       ``(D) The Secretary may establish, by regulation, a limit 
     of liability of not less than $12,000,000 for a deepwater 
     port used only in connection with transportation of natural 
     gas.''.

     SEC. 311. PERIOD OF LIMITATIONS FOR CLAIMS AGAINST OIL SPILL 
                   LIABILITY TRUST FUND.

       Section 1012(h)(1) of the Oil Pollution Act of 1990 (33 
     U.S.C. 2712(h)(1)) is amended by striking ``6'' and inserting 
     ``3''.

     SEC. 312. LOG BOOKS.

       (a) In General.--Chapter 113 of title 46, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 11304. Additional logbook and entry requirements

       ``(a) A vessel of the United States that is subject to 
     inspection under section 3301 of this title, except a vessel 
     on a voyage from a port in the United States to a port in 
     Canada, shall have an official logbook, which shall be kept 
     available for review by the Secretary on request.
       ``(b) The log book required by subsection (a) shall include 
     the following entries:
       ``(1) The time when each seaman and each officer assumed or 
     relieved the watch.
       ``(2) The number of hours in service to the vessels of each 
     seaman and each officer.
       ``(3) An account of each accident, illness, and injury that 
     occurs during each watch.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following:

``11304. Additional logbook and entry requirements.''.

     SEC. 313. UNSAFE OPERATION.

       (a) In General.--Chapter 21 of title 46, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2116. Termination for unsafe operation

       ``An individual authorized to enforce this title--
       ``(1) may remove a certificate required by this title from 
     a vessel that is operating in a condition that does not 
     comply with the provisions of the certificate;
       ``(2) may order the individual in charge of a vessel that 
     is operating that does not have on board the certificate 
     required by this title to return the vessel to a mooring and 
     to remain there until the vessel is in compliance with this 
     title; and
       ``(3) may direct the individual in charge of a vessel to 
     which this title applies to immediately take reasonable steps 
     necessary for the safety of individuals on board the vessel 
     if the official observes the vessel being operated in an 
     unsafe condition that the official believes creates an 
     especially hazardous condition, including ordering the 
     individual in charge to return the vessel to a mooring and to 
     remain there until the situation creating the hazard is 
     corrected or ended.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of that title is amended by adding at the end the 
     following:

``2116. Termination for unsafe operation.''.

     SEC. 314. APPROVAL OF SURVIVAL CRAFT.

       (a) In General.--Chapter 31 of title 46, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 3104. Survival craft

       ``(a) Except as provided in subsection (b), the Secretary 
     may not approve a survival craft as a safety device for 
     purposes of this part, unless the craft ensures that no part 
     of an individual is immersed in water.
       ``(b) The Secretary may authorize a survival craft that 
     does not provide protection described in subsection (a) to 
     remain in service until not later than January 1, 2013, if--
       ``(1) it was approved by the Secretary before January 1, 
     2008; and
       ``(2) it is in serviceable condition.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of that title is amended by adding at the end the 
     following:

``3104. Survival craft.''.

     SEC. 315. SAFETY MANAGEMENT.

       (a) Vessels to Which Requirements Apply.--Section 3202 of 
     title 46, United States Code, is amended--
       (1) in subsection (a) by striking the heading and inserting 
     ``Foreign Voyages and Foreign Vessels.--'';
       (2) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively;
       (3) by inserting after subsection (a) the following:
       ``(b) Other Passenger Vessels.--This chapter applies to a 
     vessel that is--
       ``(1) a passenger vessel or small passenger vessel; and
       ``(2) is transporting more passengers than a number 
     prescribed by the Secretary based on the number of 
     individuals on the vessel that could be killed or injured in 
     a marine casualty.'';
       (4) in subsection (d), as so redesignated, by striking 
     ``subsection (b)'' and inserting ``subsection (c)'';
       (5) in subsection (d)(4), as so redesignated, by inserting 
     ``that is not described in subsection (b) of this section'' 
     after ``waters''.
       (b) Safety Management System.--Section 3203 of title 46, 
     United States Code, is amended by adding at the end the 
     following new subsection:
       ``(c) In prescribing regulations for passenger vessels and 
     small passenger vessels, the Secretary shall consider--
       ``(1) the characteristics, methods of operation, and nature 
     of the service of these vessels; and
       ``(2) with respect to vessels that are ferries, the sizes 
     of the ferry systems within which the vessels operate.''.

     SEC. 316. PROTECTION AGAINST DISCRIMINATION.

       (a) In General.--Section 2114 of title 46, United States 
     Code, is amended--
       (1) in subsection (a)(1)(A), by striking ``or'' after the 
     semicolon;
       (2) in subsection (a)(1)(B), by striking the period at the 
     end and inserting a semicolon;
       (3) by adding at the end of subsection (a)(1) the following 
     new subparagraphs:
       ``(C) the seaman testified in a proceeding brought to 
     enforce a maritime safety law or regulation prescribed under 
     that law;
       ``(D) the seaman notified, or attempted to notify, the 
     vessel owner or the Secretary of a work-related personal 
     injury or work-related illness of a seaman;
       ``(E) the seaman cooperated with a safety investigation by 
     the Secretary or the National Transportation Safety Board;
       ``(F) the seaman furnished information to the Secretary, 
     the National Transportation Safety Board, or any other public 
     official as to the facts relating to any marine casualty 
     resulting in injury or death to an individual or damage to 
     property occurring in connection with vessel transportation; 
     or
       ``(G) the seaman accurately reported hours of duty under 
     this part.''; and
       (4) by amending subsection (b) to read as follows:
       ``(b) A seaman alleging discharge or discrimination in 
     violation of subsection (a) of this section, or another 
     person at the seaman's request, may file a complaint with 
     respect to such allegation in the same manner as a complaint 
     may be filed under subsection (b) of section 31105 of title 
     49. Such complaint shall be subject to the procedures, 
     requirements, and rights described in that section, including 
     with respect to the right to file an objection, the right of 
     a person to file for a petition for review under subsection 
     (c) of that section, and the requirement to bring a civil 
     action under subsection (d) of that section.''.
       (b) Existing Actions.--This section shall not affect the 
     application of section 2114(b) of title 46, United States 
     Code, as in effect before the date of enactment of this Act, 
     to an action filed under that section before that date.

     SEC. 317. DRY BULK CARGO RESIDUE.

       Section 623(a)(2) of the Coast Guard and Maritime 
     Transportation Act of 2004 (33

[[Page H2687]]

     U.S.C. 1901 note) is amended by striking ``2008'' and 
     inserting ``2011''.

     SEC. 318. OIL FUEL TANK PROTECTION.

       Section 3306 of title 46, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(k)(1) Each vessel of the United States that is 
     constructed under a contract entered into after the date of 
     enactment of the Coast Guard Authorization Act of 2008, or 
     that is delivered after August 1, 2010, with an aggregate 
     capacity of 600 cubic meters or more of oil fuel, shall 
     comply with the requirements of Regulation 12A under Annex I 
     to the Protocol of 1978 relating to the International 
     Convention for the Prevention of Pollution from Ships, 1973, 
     entitled `Oil Fuel Tank Protection.'
       ``(2) The Secretary may prescribe regulations to apply the 
     requirements described in Regulation 12A to vessels described 
     in paragraph (1) that are not otherwise subject to that 
     convention. Any such regulation shall be considered to be an 
     interpretive rule for the purposes of section 553 of title 5.
       ``(3) In this subsection the term `oil fuel' means any oil 
     used as fuel in connection with the propulsion and auxiliary 
     machinery of the vessel in which such oil is carried.''.

     SEC. 319. REGISTRY ENDORSEMENT FOR LNG VESSELS.

       Section 12111 of title 46, United States Code, is amended 
     by adding at the end the following:
       ``(d)(1) A vessel for which a registry endorsement is not 
     issued may not engage in regasifying on navigable waters 
     unless the vessel transported the gas from a foreign port.
       ``(2) Nothing in paragraph (1) or any other provision of 
     this title may be construed as--
       ``(A) applying to such paragraph a definition of the term 
     `vessel' that includes any structure on, in, or under the 
     navigable waters of the United States that the Coast Guard 
     regulates as a waterfront facility handling liquified natural 
     gas under part 127 of title 33, Code of Federal Regulations; 
     or
       ``(B) having any effect on the jurisdiction of the Federal 
     Energy Regulatory Commission under section 3(e)(1) of the 
     Natural Gas Act.
       ``(3) Paragraph (2)(A) does not affect the authority of the 
     Coast Guard to modify the provisions of part 127 of title 33, 
     Code of Federal Regulations.''.

     SEC. 320. OATHS.

       Sections 7105 and 7305 of title 46, United States Code, and 
     the items relating to such sections in the analysis for 
     chapters 71 and 73 of such title, are repealed.

     SEC. 321. DURATION OF CREDENTIALS.

       (a) Merchant Mariner's Documents.--Section 7302(f) of title 
     46, United States Code, is amended to read as follows:
       ``(f) Periods of Validity and Renewal of Merchant Mariners' 
     Documents.--
       ``(1) In general.--Except as provided in subsection (g), a 
     merchant mariner's document issued under this chapter is 
     valid for a 5-year period and may be renewed for additional 
     5-year periods.
       ``(2) Advance renewals.--A renewed merchant mariner's 
     document may be issued under this chapter up to 8 months in 
     advance but is not effective until the date that the 
     previously issued merchant mariner's document expires.''.
       (b) Duration of Licenses.--Section 7106 of such title is 
     amended to read as follows:

     ``Sec. 7106. Duration of licenses

       ``(a) In General.--A license issued under this part is 
     valid for a 5-year period and may be renewed for additional 
     5-year periods; except that the validity of a license issued 
     to a radio officer is conditioned on the continuous 
     possession by the holder of a first-class or second-class 
     radiotelegraph operator license issued by the Federal 
     Communications Commission.
       ``(b) Advance Renewals.--A renewed license issued under 
     this part may be issued up to 8 months in advance but is not 
     effective until the date that the previously issued license 
     expires.''.
       (c) Certificates of Registry.--Section 7107 of such title 
     is amended to read as follows:

     ``Sec. 7107. Duration of certificates of registry

       ``(a) In General.--A certificate of registry issued under 
     this part is valid for a 5-year period and may be renewed for 
     additional 5-year periods; except that the validity of a 
     certificate issued to a medical doctor or professional nurse 
     is conditioned on the continuous possession by the holder of 
     a license as a medical doctor or registered nurse, 
     respectively, issued by a State.
       ``(b) Advance Renewals.--A renewed certificate of registry 
     issued under this part may be issued up to 8 months in 
     advance but is not effective until the date that the 
     previously issued certificate of registry expires.''.

     SEC. 322. FINGERPRINTING.

       (a) Merchant Mariner Licenses and Documents.--Chapter 75 of 
     title 46, United States Code, is amended by adding at the end 
     the following:

     ``Sec. 7507. Fingerprinting

       ``The Secretary of the Department in which the Coast Guard 
     is operating may not require an individual to be 
     fingerprinted for the issuance or renewal of a license, a 
     certificate of registry, or a merchant mariner's document 
     under chapter 71 or 73 if the individual was fingerprinted 
     when the individual applied for a transportation security 
     card under section 70105.''.
       (b) Clerical Amendment.--The analysis for such chapter is 
     amended by adding at the end the following:

``7507. Fingerprinting.''.

     SEC. 323. AUTHORIZATION TO EXTEND THE DURATION OF LICENSES, 
                   CERTIFICATES OF REGISTRY, AND MERCHANT 
                   MARINERS' DOCUMENTS.

       (a) Merchant Mariner Licenses and Documents.--Chapter 75 of 
     title 46, United States Code, as amended by section 322(a) of 
     this Act, is further amended by adding at the end the 
     following:

     ``Sec. 7508. Authority to extend the duration of licenses, 
       certificates of registry, and merchant mariner documents

       ``(a) Licenses and Certificates of Registry.--
     Notwithstanding section 7106 and 7107, the Secretary of the 
     department in which the Coast Guard is operating may extend 
     for one year an expiring license or certificate of registry 
     issued for an individual under chapter 71 if the Secretary 
     determines that extension is required to enable the Coast 
     Guard to eliminate a backlog in processing applications for 
     those licenses or certificates of registry.
       ``(b) Merchant Mariner Documents.--Notwithstanding section 
     7302(g), the Secretary may extend for one year an expiring 
     merchant mariner's document issued for an individual under 
     chapter 71 if the Secretary determines that extension is 
     required to enable the Coast Guard to eliminate a backlog in 
     processing applications for those documents.
       ``(c) Manner of Extension.--Any extensions granted under 
     this section may be granted to individual seamen or a 
     specifically identified group of seamen.
       ``(d) Expiration of Authority.--The authority for providing 
     an extension under this section shall expire on June 30, 
     2009.''.
       (b) Clerical Amendment.--The analysis for such chapter, as 
     amended by section 322(b), is further amended by adding at 
     the end the following:

``7508. Authority to extend the duration of licenses, certificates of 
              registry, and merchant mariner documents.''.

     SEC. 324. MERCHANT MARINER DOCUMENTATION.

       (a) Interim Clearance Process.--Not later than 180 days 
     after the date of enactment of this Act, the Secretary of the 
     department in which the Coast Guard is operating shall 
     develop an interim clearance process for issuance of a 
     merchant mariner document to enable a newly hired seaman to 
     begin working on an offshore supply vessel or towing vessel 
     if the Secretary makes an initial determination that the 
     seaman does not pose a safety and security risk.
       (b) Contents of Process.--The process under subsection (a) 
     shall include a check against the consolidated and integrated 
     terrorist watch list maintained by the Federal Government, 
     review of the seaman's criminal record, and review of the 
     results of testing the seaman for use of a dangerous drug (as 
     defined in section 2101 of title 46, United States Code) in 
     violation of law or Federal regulation.

     SEC. 325. MERCHANT MARINER ASSISTANCE REPORT.

       Not later than 180 days after the date of enactment of this 
     Act, the Commandant of the Coast Guard shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate a report regarding a plan--
       (1) to expand the streamlined evaluation process program 
     that was affiliated with the Houston Regional Examination 
     Center of the Coast Guard to all processing centers of the 
     Coast Guard nationwide;
       (2) to include proposals to simplify the application 
     process for a license as an officer, staff officer, or 
     operator and for a merchant mariner's document to help 
     eliminate errors by merchant mariners when completing the 
     application form (CG-719B), including instructions attached 
     to the application form and a modified application form for 
     renewals with questions pertaining only to the period of time 
     since the previous application;
       (3) to provide notice to an applicant of the status of the 
     pending application, including a process to allow the 
     applicant to check on the status of the application by 
     electronic means; and
       (4) to ensure that all information collected with respect 
     to applications for new or renewed licenses, merchant mariner 
     documents, and certificates of registry is retained in a 
     secure electronic format.

     SEC. 326. MERCHANT MARINER SHORTAGE REPORT.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary of Transportation, acting through the 
     Administrator of the Maritime Administration, shall submit to 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate a report concerning 
     methods to address the current and future shortage in the 
     number of merchant mariners, particularly entry-level 
     mariners, including an evaluation of whether an educational 
     loan program providing loans for the cost of on-the-job 
     training would provide an incentive for workers and help 
     alleviate the shortage.

     SEC. 327. MERCHANT MARINER DOCUMENT STANDARDS.

       Not later than 270 days after the date of enactment of this 
     Act, the Secretary of the department in which the Coast Guard 
     is operating shall submit to the Committee on

[[Page H2688]]

     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate--
       (1) a plan to ensure that the process for an application, 
     by an individual who has, or has applied for, a 
     transportation security card under section 70105 of title 46, 
     United States Code, for a merchant mariner document can be 
     completed entirely by mail; and
       (2) a report on the feasibility of, and a timeline to, 
     redesign the merchant mariner document to comply with the 
     requirements of such section, including a biometric 
     identifier, and all relevant international conventions, 
     including the International Labour Organization Convention 
     Number 185 concerning the seafarers identity document, and 
     include a review on whether or not such redesign will 
     eliminate the need for separate credentials and background 
     screening and streamline the application process for 
     mariners.

     SEC. 328. REPORT ON COAST GUARD DETERMINATIONS.

        Not later than 180 days after enactment of this Act, the 
     Secretary of Homeland Security shall provide to the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a report on the loss of United 
     States shipyard jobs and industrial base expertise as a 
     result of rebuild, conversion, and double-hull work on United 
     States-flag vessels eligible to engage in the coastwise trade 
     being performed in foreign shipyards, enforcement of the 
     Coast Guard's foreign rebuild determination regulations, and 
     recommendations for improving the transparency in the Coast 
     Guard's foreign rebuild determination process.

     SEC. 329. PILOT REQUIRED.

       Section 8502(g) of title 46, United States Code, is 
     amended--
       (1) in paragraph (1), by inserting ``and Buzzards Bay, 
     Massachusetts'' before ``, if any,''; and
       (2) by adding at the end the following:
       ``(3) In any area of Buzzards Bay, Massachusetts, where a 
     single-hull tanker or tank vessel carrying 5,000 or more 
     barrels of oil or other hazardous material is required to be 
     under the direction and control of a pilot, the pilot may not 
     be a member of the crew of that vessel, and shall be a pilot 
     licensed--
       ``(A) by the State of Massachusetts who is operating under 
     a Federal first class pilot's license; or
       ``(B) under section 7101 of this title who has made at 
     least 20 round trips on a vessel as a quartermaster, 
     wheelsman, able seaman, or apprentice pilot, or in an 
     equivalent capacity, including--
       ``(i) at least 1 round trip through Buzzards Bay in the 
     preceding 12-month period; and
       ``(ii) if the vessel will be navigating in periods of 
     darkness in an area of Buzzards Bay where a vessel is 
     required by regulation to have a pilot, at least 5 round 
     trips through Buzzards Bay during periods of darkness.''.

     SEC. 330. OFFSHORE SUPPLY VESSELS.

        (a) Definition.--Section 2101(19) of title 46, United 
     States Code, is amended by striking ``of more than 15 gross 
     tons but less than 500 gross tons as measured under section 
     14502 of this title, or an alternate tonnage measured under 
     section 14302 of this title as prescribed by the Secretary 
     under section 14104 of this title''.
       (b) Exemption.--Section 5209(b)(1) of the Oceans Act of 
     1992 (Public Law 102-587; 46 U.S.C. 2101 note) is amended by 
     inserting before the period at the end the following: ``of 
     less than 500 gross tons as measured under section 14502, or 
     an alternate tonnage measured under section 14302 of this 
     title as prescribed by the Secretary under section 14104 of 
     this title.''.
       (c) Watches.--Section 8104 of title 46, United States Code, 
     is amended--
       (1) in subsection (g), by inserting after ``offshore supply 
     vessel'' the following: ``of less than 500 gross tons as 
     measured under section 14502 of this title, or an alternate 
     tonnage measured under section 14302 of this title as 
     prescribed by the Secretary under section 14104 of this 
     title,'';
       (2) in subsection (d), by inserting ``(1)'' after ``(d)'', 
     and by adding at the end the following:
       ``(2) Paragraph (1) does not apply to an offshore supply 
     vessel of more than 6,000 gross tons as measured under 
     section 14302 of this title if the individuals engaged on the 
     vessel are in compliance with hours of service requirements 
     (including recording and record-keeping of that service) 
     prescribed by the Secretary.''; and
       (3) in subsection (e), by striking ``subsection (d)'' and 
     inserting ``subsection (d)(1)''.
       (d) Minimum Number of Licensed Individuals.--Section 
     8301(b) of title 46, United States Code, is amended to read 
     as follows:
       ``(b)(1) An offshore supply vessel shall have at least one 
     mate. Additional mates on an offshore supply vessel of more 
     than 6,000 gross tons as measured under section 14302 of this 
     title shall be prescribe in accordance with hours of service 
     requirements (including recording and record-keeping of that 
     service) prescribed by the Secretary.
       ``(2) An offshore supply vessel of more than 200 gross tons 
     as measured under section 14502 of this title, or an 
     alternate tonnage measured under section 14302 of this title 
     as prescribed by the Secretary under section 14104 of this 
     title, may not be operated without a licensed engineer.''.

     SEC. 331. RECREATIONAL VESSEL OPERATOR EDUCATION AND 
                   TRAINING.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of the department in 
     which the Coast Guard is operating shall study and report to 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committees on Commerce, 
     Science, and Transportation of the Senate regarding 
     recreational vessel operator training. The study and report 
     shall included a review of--
       (1) Coast Guard Auxiliary and Power Squadron training 
     programs;
       (2) existing State boating education programs, including 
     programs by the National Association of State Boating Law 
     Administrators (in this section referred to as ``NASBLA''); 
     and
       (3) other hands-on training programs available to 
     recreational vessel operators.
       (b) Included Subjects.--The study shall specifically 
     examine--
       (1) course materials;
       (2) course content;
       (3) training methodology;
       (4) assessment methodology; and
       (5) relevancy of course content to risks for recreational 
     boaters.
       (c) Contents of Report.--The report under this section 
     shall include--
       (1) a section regarding steps the Coast Guard and NASBLA 
     have taken to encourage States to adopt mandatory 
     recreational vessel operator training;
       (2) an evaluation of the ability of the States to harmonize 
     their education programs and testing procedures;
       (3) an analysis of the extent States have provided 
     reciprocity among the States for their respective mandatory 
     and voluntary education requirements and programs;
       (4) a section examining the level of uniformity of 
     education and training between the States that currently have 
     mandatory education and training programs;
       (5) a section outlining the minimum standards for education 
     of recreational vessel operators;
       (6) a section analyzing how a Federal training and testing 
     program can be harmonized with State training and testing 
     programs;
       (7) analysis of course content and delivery methodology for 
     relevancy to risks for recreational boaters;
       (8) a description of the current phase-in periods for 
     mandatory boater education in State mandatory education 
     programs and recommendation for the phase-in period for a 
     mandatory boater education program including an evaluation as 
     to whether the phase-in period affects course availability 
     and cost;
       (9) a description of the extent States allow for 
     experienced boaters to by-pass mandatory education courses 
     and go directly to testing;
       (10) recommendations for a by-pass option for experienced 
     boaters;
       (11) a section analyzing how the Coast Guard would 
     administer a Federal boating education, training, and testing 
     program; and
       (12) the extent to which a Federal boating education, 
     training, and testing program should be required for all 
     waters of a State, including internal waters.

     SEC. 332. SHIP EMISSION REDUCTION TECHNOLOGY DEMONSTRATION 
                   PROJECT.

       (a) Study.--The Commandant of the Coast Guard shall conduct 
     a study--
       (1) on the methods and best practices of the use of exhaust 
     emissions reduction technology on cargo or passenger ships 
     that operate in United States waters and ports; and
       (2) that identifies the Federal, State, and local laws, 
     regulations, and other requirements that affect the ability 
     of any entity to effectively demonstrate onboard technology 
     for the reduction of contaminated emissions from ships.
       (b) Report.--Within 180 days after the date of enactment of 
     this Act, the Commandant shall submit a report on the results 
     of the study conducted under subsection (a) to the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate.

                   TITLE IV--MISCELLANEOUS PROVISIONS

     SEC. 401. CERTIFICATE OF DOCUMENTATION FOR GALLANT LADY.

       Section 1120(c) of the Coast Guard Authorization Act of 
     1996 (110 Stat. 3977) is amended--
       (1) in paragraph (1)--
       (A) by striking ``of Transportation'' and inserting ``of 
     the department in which the Coast Guard is operating''; and
       (B) by striking subparagraph (A) and inserting the 
     following:
       ``(A) the vessel GALLANT LADY (Feadship hull number 672, 
     approximately 168 feet in length).'';
       (2) by striking paragraphs (3) and (4) and redesignating 
     paragraph (5) as paragraph (3); and
       (3) in paragraph (3) (as so redesignated) by striking all 
     after ``shall expire'' and inserting ``on the date of the 
     sale of the vessel by the owner.''.

     SEC. 402. WAIVER.

       Notwithstanding section 12112 and chapter 551 of title 46, 
     United States Code, the Secretary of the department in which 
     the Coast Guard is operating may issue a certificate of 
     documentation with a coastwise endorsement for the OCEAN 
     VERITAS (IMO Number 7366805).

[[Page H2689]]

     SEC. 403. GREAT LAKES MARITIME RESEARCH INSTITUTE.

       Section 605 of the Coast Guard and Maritime Transportation 
     Act of 2004 (118 Stat. 1052) is amended--
       (1) in subsection (b)(1)--
       (A) by striking ``The Secretary of Transportation shall 
     conduct a study that'' and inserting ``The Institute shall 
     conduct maritime transportation studies of the Great Lakes 
     region, including studies that'';
       (B) in subparagraphs (A), (B), (C), (E), (F), (H), (I), and 
     (J) by striking ``evaluates'' and inserting ``evaluate'';
       (C) in subparagraphs (D) and (G) by striking ``analyzes'' 
     and inserting ``analyze'';
       (D) by striking ``and'' at the end of subparagraph (I);
       (E) by striking the period at the end of subparagraph (J) 
     and inserting a semicolon;
       (F) by adding at the end the following:
       ``(K) identify ways to improve the integration of the Great 
     Lakes marine transportation system into the national 
     transportation system;
       ``(L) examine the potential of expanded operations on the 
     Great Lakes marine transportation system;
       ``(M) identify ways to include intelligent transportation 
     applications into the Great Lakes marine transportation 
     system;
       ``(N) analyze the effects and impacts of aging 
     infrastructure and port corrosion on the Great Lakes marine 
     transportation system;
       ``(O) establish and maintain a model Great Lakes marine 
     transportation system database; and
       ``(P) identify market opportunities for, and impediments 
     to, the use of United States-flag vessels in trade with 
     Canada on the Great Lakes.''; and
       (2) by striking subsection (b)(4) and inserting the 
     following:
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out paragraph (1)--
       ``(A) $2,200,000 for fiscal year 2008;
       ``(B) $2,300,000 for fiscal year 2009;
       ``(C) $2,400,000 for fiscal year 2010; and
       ``(D) $2,500,000 for fiscal year 2011.''.

     SEC. 404. CONVEYANCE.

       (a) Station Brant Point Boat House.--
       (1) Requirement.--The Secretary of the department in which 
     the Coast Guard is operating shall convey to the town of 
     Nantucket, Massachusetts, all right, title, and interest of 
     the United States in and to the buildings known as the 
     Station Brant Point Boat House located at Coast Guard Station 
     Brant Point, Nantucket, Massachusetts, for use for a public 
     purpose.
       (2) Terms of conveyance.--A conveyance of the building 
     under paragraph (1) shall be made--
       (A) without the payment of consideration; and
       (B) subject to appropriate terms and conditions the 
     Secretary considers necessary.
       (3) Reversionary interest.--All right, title, and interest 
     in property conveyed under this subsection shall revert to 
     the United States if any portion of the property is used 
     other than for a public purpose.
       (b) Lease.--
       (1) Requirement.--The Secretary of the department in which 
     the Coast Guard is operating shall enter into a lease with 
     the town of Nantucket that authorizes the town of Nantucket 
     to occupy the land on which the buildings conveyed under 
     subsection (a) are located, subject to appropriate terms and 
     conditions the Secretary considers necessary.
       (2) Lease term.--A lease under this subsection shall not 
     expire before January 31, 2033.
       (3) Termination of lease.--If the Secretary determines that 
     the property leased under paragraph (1) is necessary for 
     purposes of the Coast Guard, the Secretary--
       (A) may terminate the lease without payment of 
     compensation; and
       (B) shall provide the town of Nantucket not less than 12 
     months notice of the requirement to vacate the site and move 
     the buildings conveyed under subsection (a) to another 
     location.

     SEC. 405. CREW WAGES ON PASSENGER VESSELS.

       (a) Foreign and Intercoastal Voyages.--
       (1) Cap on penalty wages.--Section 10313(g) of title 46, 
     United States Code, is amended--
       (A) by striking ``When'' and inserting ``(1) Subject to 
     paragraph (2), when''; and
       (B) by adding at the end the following:
       ``(2) The total amount required to be paid under paragraph 
     (1) with respect to all claims in a class action suit by 
     seamen on a passenger vessel capable of carrying more than 
     500 passengers for wages under this section against a vessel 
     master, owner, or operator or the employer of the seamen 
     shall not exceed ten times the unpaid wages that are the 
     subject of the claims.
       ``(3) A class action suit for wages under this subsection 
     must be commenced within three years after the later of--
       ``(A) the date of the end of the last voyage for which the 
     wages are claimed; or
       ``(B) the receipt, by a seaman who is a claimant in the 
     suit, of a payment of wages that are the sub is made in the 
     ordinary course of employment.''.
       (2) Deposits.--Section 10315 of such title is amended by 
     adding at the end the following:
       ``(f) Deposits in Seaman Account.--By written request 
     signed by the seaman, a seaman employed on a passenger vessel 
     capable of carrying more than 500 passengers may authorize 
     the master, owner, or operator of the vessel, or the employer 
     of the seaman, to make deposits of wages of the seaman into a 
     checking, savings, investment, or retirement account, or 
     other account to secure a payroll or debit card for the 
     seaman if--
       ``(1) the wages designated by the seaman for such deposit 
     are deposited in a United States or international financial 
     institution designated by the seaman;
       ``(2) such deposits in the financial institution are fully 
     guaranteed under commonly accepted international standards by 
     the government of the country in which the financial 
     institution is licensed;
       ``(3) a written wage statement or pay stub, including an 
     accounting of any direct deposit, is delivered to the seaman 
     no less often than monthly; and
       ``(4) while on board the vessel on which the seaman is 
     employed, the seaman is able to arrange for withdrawal of all 
     funds on deposit in the account in which the wages are 
     deposited.''.
       (b) Coastwise Voyages.--
       (1) Cap on penalty wages.--Section 10504(c) of such title 
     is amended--
       (A) by striking ``When'' and inserting ``(1) Subject to 
     subsection (d), and except as provided in paragraph (2), 
     when''; and
       (B) by inserting at the end the following:
       ``(2) The total amount required to be paid under paragraph 
     (1) with respect to all claims in a class action suit by 
     seamen on a passenger vessel capable of carrying more than 
     500 passengers for wages under this section against a vessel 
     master, owner, or operator or the employer of the seamen 
     shall not exceed ten times the unpaid wages that are the 
     subject of the claims.
       ``(3) A class action suit for wages under this subsection 
     must be commenced within three years after the later of--
       ``(A) the date of the end of the last voyage for which the 
     wages are claimed; or
       ``(B) the receipt, by a seaman who is a claimant in the 
     suit, of a payment of wages that are the subject of the suit 
     that is made in the ordinary course of employment.''.
       (2) Deposits.--Section 10504 of such title is amended by 
     adding at the end the following:
       ``(f) Deposits in Seaman Account.--On written request 
     signed by the seaman, a seaman employed on a passenger vessel 
     capable of carrying more than 500 passengers may authorize, 
     the master, owner, or operator of the vessel, or the employer 
     of the seaman, to make deposits of wages of the seaman into a 
     checking, savings, investment, or retirement account, or 
     other account to secure a payroll or debit card for the 
     seaman if--
       ``(1) the wages designated by the seaman for such deposit 
     are deposited in a United States or international financial 
     institution designated by the seaman;
       ``(2) such deposits in the financial institution are fully 
     guaranteed under commonly accepted international standards by 
     the government of the country in which the financial 
     institution is licensed;
       ``(3) a written wage statement or pay stub, including an 
     accounting of any direct deposit, is delivered to the seaman 
     no less often than monthly; and
       ``(4) while on board the vessel on which the seaman is 
     employed, the seaman is able to arrange for withdrawal of all 
     funds on deposit in the account in which the wages are 
     deposited.''.

     SEC. 406. TECHNICAL CORRECTIONS.

       (a) Coast Guard and Maritime Transportation Act of 2006.--
     Effective with enactment of the Coast Guard and Maritime 
     Transportation Act of 2006 (Public Law 109-241), such Act is 
     amended--
       (1) in section 311(b) (120 Stat. 530) by inserting 
     ``paragraphs (1) and (2) of'' before ``section 8104(o)'';
       (2) in section 603(a)(2) (120 Stat. 554) by striking ``33 
     U.S.C. 2794(a)(2)'' and inserting ``33 U.S.C. 2704(a)(2)'';
       (3) in section 901(r)(2) (120 Stat. 566) by striking 
     ``the'' the second place it appears;
       (4) in section 902(c) (120 Stat. 566) by inserting ``of the 
     United States'' after ``Revised Statutes'';
       (5) in section 902(e) (120 Stat. 567) is amended--
       (A) by inserting ``and'' after the semicolon at the end of 
     paragraph (1);
       (B) by striking ``and'' at the end of paragraph (2)(A); and
       (C) by redesignating paragraphs (3) and (4) as 
     subparagraphs (C) and (D) of paragraph (2), respectively, and 
     aligning the left margin of such subparagraphs with the left 
     margin of subparagraph (A) of paragraph (2);
       (6) in section 902(e)(2)(C) (as so redesignated) by 
     striking ``this section'' and inserting ``this paragraph'';
       (7) in section 902(e)(2)(D) (as so redesignated) by 
     striking ``this section'' and inserting ``this paragraph'';
       (8) in section 902(h)(1) (120 Stat. 567)--
       (A) by striking ``Bisti/De-Na-Zin'' and all that follows 
     through ``Protection'' and inserting ``Omnibus Parks and 
     Public Lands Management''; and
       (B) by inserting a period after ``Commandant of the Coast 
     Guard'';
       (9) in section 902(k) (120 Stat. 568) is amended--
       (A) by inserting ``the Act of March 23, 1906, commonly 
     known as'' before ``the General Bridge'';
       (B) by striking ``491)'' and inserting ``494),''; and
       (C) by inserting ``each place it appears'' before ``and 
     inserting''; and
       (10) in section 902(o) (120 Stat. 569) by striking the 
     period after ``Homeland Security''.
       (b) Title 14.--(1) The analysis for chapter 7 of title 14, 
     United States Code, is amended by

[[Page H2690]]

     adding a period at the end of the item relating to section 
     149.
       (2) The analysis for chapter 17 of title 14, United States 
     Code, is amended by adding a period at the end of the item 
     relating to section 677.
       (3) The analysis for chapter 9 of title 14, United States 
     Code, is amended by adding a period at the end of the item 
     relating to section 198.
       (c) Title 46.--(1) The analysis for chapter 81 of title 46, 
     United States Code, is amended by adding a period at the end 
     of the item relating to section 8106.
       (2) Section 70105(c)(3)(C) of such title is amended by 
     striking ``National Intelligence Director'' and inserting 
     ``Director of National Intelligence''.
       (d) Deepwater Port Act of 1974.--Section 5(c)(2) of the 
     Deepwater Port Act of 1974 (33 U.S.C. 1504(c)(2)) is amended 
     by aligning the left margin of subparagraph (K) with the left 
     margin of subparagraph (L).
       (e) Oil Pollution Act of 1990.--(1) Section 1004(a)(2) of 
     the Oil Pollution Act of 1990 (33 U.S.C. 2704(a)(2)) is 
     amended by striking the first comma following ``$800,000''.
       (2) The table of sections in section 2 of such Act is 
     amended by inserting a period at the end of the item relating 
     to section 7002.
       (f) Coast Guard Authorization Act of 1996.--The table of 
     sections in section 2 of the Coast Guard Authorization Act of 
     1996 is amended in the item relating to section 103 by 
     striking ``reports'' and inserting ``report''.

     SEC. 407. CONVEYANCE OF DECOMMISSIONED COAST GUARD CUTTER 
                   STORIS.

       (a) In General.--Upon the scheduled decommissioning of the 
     Coast Guard Cutter STORIS, the Commandant of the Coast Guard 
     shall convey, without consideration, all right, title, and 
     interest of the United States in and to that vessel to the 
     USCG Cutter STORIS Museum and Maritime Education Center, LLC, 
     located in the State of Alaska if the recipient--
       (1) agrees--
       (A) to use the vessel for purposes of a museum and 
     historical display;
       (B) not to use the vessel for commercial transportation 
     purposes;
       (C) to make the vessel available to the United States 
     Government if needed for use by the Commandant in time of war 
     or a national emergency; and
       (D) to hold the Government harmless for any claims arising 
     from exposure to hazardous materials, including asbestos and 
     polychlorinated biphenyls, after conveyance of the vessel, 
     except for claims arising from the use by the Government 
     under subparagraph (C);
       (2) has funds available that will be committed to operate 
     and maintain in good working condition the vessel conveyed, 
     in the form of cash, liquid assets, or a written loan 
     commitment and in an amount of at least $700,000; and
       (3) agrees to any other conditions the Commandant considers 
     appropriate.
       (b) Maintenance and Delivery of Vessel.--
       (1) Maintenance.--Before conveyance of the vessel under 
     this section, the Commandant shall make, to the extent 
     practical and subject to other Coast Guard mission 
     requirements, every effort to maintain the integrity of the 
     vessel and its equipment until the time of delivery.
       (2) Delivery.--If a conveyance is made under this section, 
     the Commandant shall deliver the vessel to a suitable mooring 
     in the local area in its present condition.
       (3) Treatment of conveyance.--The conveyance of the vessel 
     under this section shall not be considered a distribution in 
     commerce for purposes of section 6(e) of Public Law 94-469 
     (15 U.S.C. 2605(e)).
       (c) Other Excess Equipment.--The Commandant may convey to 
     the recipient of a conveyance under subsection (a) any excess 
     equipment or parts from other decommissioned Coast Guard 
     vessels for use to enhance the operability and function of 
     the vessel conveyed under subsection (a) for purposes of a 
     museum and historical display.

     SEC. 408. REPEAL OF REQUIREMENT OF LICENSE FOR EMPLOYMENT IN 
                   THE BUSINESS OF SALVAGING ON THE COAST OF 
                   FLORIDA.

       Chapter 801 of title 46, United States Code, is amended--
       (1) by striking section 80102; and
       (2) in the table of sections at the beginning of the 
     chapter by striking the item relating to that section.

     SEC. 409. RIGHT-OF-FIRST-REFUSAL FOR COAST GUARD PROPERTY ON 
                   JUPITER ISLAND, FLORIDA.

       (a) Right-of-First-Refusal.--Notwithstanding any other law 
     (other than this section), the Town of Jupiter Island, 
     Florida, shall have the right-of-first-refusal for an 
     exchange of real property within the jurisdiction of the Town 
     comprising Parcel #35-38-42-004-000-02590-6 (Bon Air Beach 
     lots 259 and 260 located at 83 North Beach Road) and Parcel 
     #35-38-42-004-000-02610-2 (Bon Air Beach lots 261 to 267), 
     including any improvements thereon, for other real property 
     of equal or greater value.
       (b) Identification of Property.--The Commandant of the 
     Coast Guard may identify, describe, and determine the 
     property referred to in subsection (a) that is subject to the 
     right of the Town under that subsection.
       (c) Limitation.--The property referred to in subsection (a) 
     may not be conveyed under that subsection until the 
     Commandant of the Coast Guard determines that the property is 
     not needed to carry out Coast Guard missions or functions.
       (d) Required Use.--
       (1) In general.--Except as provided in paragraph (2), any 
     property conveyed under this section shall be used by the 
     Town of Jupiter Island, Florida, solely for conservation of 
     fish and wildlife habitat and other natural resources, 
     including wetlands, beaches, and dunes, and as protection 
     against damage from wind, tidal, and wave energy.
       (2) Public access.--The Town of Jupiter Island shall allow 
     the public to have reasonable public access to the property 
     conveyed under this section, for customary recreation use of 
     the beach under a management program established by agreement 
     between the Town of Jupiter Island, Florida, and Martin 
     County, Florida.
       (e) Reversion.--Any conveyance of property under this 
     section shall be subject to the condition that all right, 
     title, and interest in the property, at the option of the 
     Commandant of the Coast Guard, shall revert to the United 
     States Government if the property is used for purposes other 
     than conservation and public access.
       (f) Implementation.--The Commandant of the Coast Guard 
     shall upon request by the Town--
       (1) promptly take those actions necessary to make property 
     identified under subsection (b) and determined by the 
     Commandant under subsection (c) ready for conveyance to the 
     Town; and
       (2) convey the property to the Town subject to subsections 
     (d) and (e).

     SEC. 410. CONVEYANCE OF COAST GUARD HU-25 FALCON JET 
                   AIRCRAFT.

       (a) Authority To Convey.--Notwithstanding any other law, 
     the Commandant of the Coast Guard may convey to the Elizabeth 
     City State University (in this section referred to as the 
     ``University''), a public university located in the State of 
     North Carolina, without consideration all right, title, and 
     interest of the United States in an HU-25 Falcon Jet aircraft 
     under the administrative jurisdiction of the Coast Guard that 
     the Commandant determines--
       (1) is appropriate for use by the University; and
       (2) is excess to the needs of the Coast Guard.
       (b) Conditions.--
       (1) In general.--As a condition of conveying an aircraft to 
     the University under subsection (a), the Commandant shall 
     enter into an agreement with the University under which the 
     University agrees--
       (A) to utilize the aircraft for educational purposes or 
     other public purposes as jointly agreed upon by the 
     Commandant and the University before conveyance; and
       (B) to hold the United States harmless for any claim 
     arising with respect to the aircraft after conveyance of the 
     aircraft.
       (2) Reversionary interest.--If the Commandant determines 
     that the recipient violated subparagraph (A) or (B) of 
     paragraph (1), then--
       (A) all right, title, and interest in the aircraft shall 
     revert to the United States;
       (B) the United States shall have the right to immediate 
     possession of the aircraft; and
       (C) the recipient shall pay the United States for its costs 
     incurred in recovering the aircraft for such violation.
       (c) Limitation on Future Transfers.--
       (1) In general.--The Commandant shall include in the 
     instruments for the conveyance a requirement that any further 
     conveyance of an interest in the aircraft may not be made 
     without the approval in advance of the Commandant.
       (2) Reversionary interest.--If the Commandant determines 
     that an interest in the aircraft was conveyed without such 
     approval, then--
       (A) all right, title, and interest in the aircraft shall 
     revert to the United States;
       (B) the United States shall have the right to immediate 
     possession of the aircraft; and
       (C) the recipient shall pay the United States for its costs 
     incurred in recovering the aircraft for such a violation.
       (d) Delivery of Aircraft.--The Commandant shall deliver the 
     aircraft conveyed under subsection (a)--
       (1) at the place where the aircraft is located on the date 
     of the conveyance;
       (2) in its condition on the date of conveyance; and
       (3) without cost to the United States.
       (e) Additional Terms and Conditions.--The Commandant may 
     require such additional terms and conditions in connection 
     with the conveyance required by subsection (a) as the 
     Commandant considers appropriate to protect the interests of 
     the United States.

     SEC. 411. DECOMMISSIONED COAST GUARD VESSELS FOR HAITI.

       (a) In General.--Notwithstanding any other law, upon the 
     scheduled decommissioning of any Coast Guard 41-foot patrol 
     boat, the Commandant of the Coast Guard shall give the 
     Government of Haiti a right-of-first-refusal for conveyance 
     of that vessel to the Government of Haiti, if that Government 
     of Haiti agrees--
       (1) to use the vessel for the Coast Guard of Haiti;
       (2) to make the vessel available to the United States 
     Government if needed for use by the Commandant in time of war 
     or national emergency;
       (3) to hold the United States Government harmless for any 
     claims arising from exposure to hazardous materials, 
     including asbestos and polychlorinated biphenyls, after 
     conveyance of the vessel, except for claims arising from the 
     use by the United States Government under paragraph (2); and

[[Page H2691]]

       (4) to any other conditions the Commandant considers 
     appropriate.
       (b) Limitation.--The Commandant may not convey more than 10 
     vessels to the Government of Haiti pursuant to this section.
       (c) Maintenance and Delivery of Vessel.--
       (1) Maintenance.--Before conveyance of a vessel under this 
     section, the Commandant shall make, to the extent practical 
     and subject to other Coast Guard mission requirements, every 
     effort to maintain the integrity of the vessel and its 
     equipment until the time of delivery.
       (2) Delivery.--If a conveyance is made under this section, 
     the Commandant shall deliver a vessel to a suitable mooring 
     in the local area in its present condition.
       (3) Treatment of conveyance.--The conveyance of a vessel 
     under this section shall not be considered a distribution in 
     commerce for purposes of section 6(e) of Public Law 94-469 
     (15 U.S.C. 2605(e)).

     SEC. 412. EXTENSION OF PERIOD OF OPERATION OF VESSEL FOR 
                   SETTING, RELOCATION, OR RECOVERY OF ANCHORS OR 
                   OTHER MOORING EQUIPMENT.

       Section 705(a)(2) of Public Law 109-347 (120 Stat. 1945) is 
     amended by striking ``2'' and inserting ``3''.

     SEC. 413. VESSEL TRAFFIC RISK ASSESSMENTS.

       (a) Requirement.--The Commandant of the Coast Guard, acting 
     through the appropriate Area Committee established under 
     section 311(j)(4) of the Federal Water Pollution Control Act, 
     shall prepare a vessel traffic risk assessment--
       (1) for Cook Inlet, Alaska, within one year after the date 
     of enactment of this Act; and
       (2) for the Aleutian Islands, Alaska, within two years 
     after the date of enactment of this Act.
       (b) Contents.--Each of the assessments shall describe, for 
     the region covered by the assessment--
       (1) the amount and character of present and estimated 
     future shipping traffic in the region; and
       (2) the current and projected use and effectiveness in 
     reducing risk, of--
       (A) traffic separation schemes and routing measures;
       (B) long-range vessel tracking systems developed under 
     section 70115 of title 46, United States Code;
       (C) towing, response, or escort tugs;
       (D) vessel traffic services;
       (E) emergency towing packages on vessels;
       (F) increased spill response equipment including equipment 
     appropriate for severe weather and sea conditions;
       (G) the Automatic Identification System developed under 
     section 70114 of title 46, United States Code;
       (H) particularly sensitive sea areas, areas to be avoided, 
     and other traffic exclusion zones;
       (I) aids to navigation; and
       (J) vessel response plans.
       (c) Recommendations.--
       (1) In general.--Each of the assessments shall include any 
     appropriate recommendations to enhance the safety, or lessen 
     potential adverse environmental impacts, of marine shipping.
       (2) Consultation.--Before making any recommendations under 
     paragraph (1) for a region, the Area Committee shall consult 
     with affected local, State, and Federal government agencies, 
     representatives of the fishing industry, Alaska Natives from 
     the region, the conservation community, and the merchant 
     shipping and oil transportation industries.
       (d) Provision to Congress.--The Commandant shall provide a 
     copy of each assessment to the Committee on Transportation 
     and Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Commandant $1,800,000 for each of 
     fiscal years 2008 and 2009 to the conduct the assessments.

     SEC. 414. VESSEL MARYLAND INDEPENDENCE.

       Notwithstanding sections 55101, 55103, and 12112 of title 
     46, United States Code, the Secretary of the department in 
     which the Coast Guard is operating may issue a certificate of 
     documentation with a coastwise endorsement for the vessel 
     MARYLAND INDEPENDENCE (official number 662573). The coastwise 
     endorsement issued under authority of this section is 
     terminated if--
       (1) the vessel, or controlling interest in the person that 
     owns the vessel, is conveyed after the date of enactment of 
     this Act; or
       (2) any repairs or alterations are made to the vessel 
     outside of the United States.

     SEC. 415. STUDY OF RELOCATION OF COAST GUARD SECTOR BUFFALO 
                   FACILITIES.

       (a) Purposes.--The purposes of this section are--
       (1) to authorize a project study to evaluate the 
     feasibility of consolidating and relocating Coast Guard 
     facilities at Coast Guard Sector Buffalo within the study 
     area;
       (2) to obtain a preliminary plan for the design, 
     engineering, and construction for the consolidation of Coast 
     Guard facilities at Sector Buffalo; and
       (3) to distinguish what Federal lands, if any, shall be 
     identified as excess after the consolidation.
       (b) Definitions.--In this section:
       (1) Commandant.--The term ``Commandant'' means the 
     Commandant of the Coast Guard.
       (2) Sector buffalo.--The term ``Sector Buffalo'' means 
     Coast Guard Sector Buffalo of the Ninth Coast Guard District.
       (3) Study area.--The term ``study area'' means the area 
     consisting of approximately 31 acres of real property and any 
     improvements thereon that are commonly identified as Coast 
     Guard Sector Buffalo, located at 1 Fuhrmann Boulevard, 
     Buffalo, New York, and under the administrative control of 
     the Coast Guard.
       (c) Study.--
       (1) In general.--Within 12 months after the date on which 
     funds are first made available to carry out this section, the 
     Commandant shall conduct a project proposal report of the 
     study area and shall submit such report to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives.
       (2) Requirements.--The project proposal report shall--
       (A) evaluate the most cost-effective method for providing 
     shore facilities to meet the operational requirements of 
     Sector Buffalo;
       (B) determine the feasibility of consolidating and 
     relocating shore facilities on a portion of the existing 
     site, while--
       (i) meeting the operational requirements of Sector Buffalo; 
     and
       (ii) allowing the expansion of operational requirements of 
     Sector Buffalo; and
       (C) contain a preliminary plan for the design, engineering, 
     and construction of the proposed project, including--
       (i) the estimated cost of the design, engineering, and 
     construction of the proposed project;
       (ii) an anticipated timeline of the proposed project; and
       (iii) a description of what Federal lands, if any, shall be 
     considered excess to Coast Guard needs.
       (d) Limitation.--Nothing in this section shall affect the 
     current administration and management of the study area.

     SEC. 416. CONVEYANCE OF COAST GUARD VESSEL TO COAHOMA COUNTY, 
                   MISSISSIPPI.

       (a) Authority to Convey.--Notwithstanding the Federal 
     Property and Administrative Services Act of 1949, the 
     Commandant of the Coast Guard may convey to the Sheriff's 
     Department of Coahoma County, Mississippi (in this section 
     referred to as the ``Sheriff's Department''), without 
     consideration all right, title, and interest of the United 
     States in and to a Coast Guard trailerable boat, ranging from 
     17 feet to 30 feet in size, that the Commandant determines--
       (1) is appropriate for use by the Sheriff's Department; and
       (2) is excess to the needs of the Coast Guard and the 
     Department of Homeland Security.
       (b) Condition.--As a condition of conveying a vessel under 
     the authority provided in subsection (a), the Commandant 
     shall enter into an agreement with the Sheriff's Department 
     under which the Sheriff's Department agrees--
       (1) to utilize the vessel for homeland security and other 
     appropriate purposes as jointly agreed upon by the Commandant 
     and the Sheriff's Department before conveyance; and
       (2) to take the vessel ``as is'' and to hold the United 
     States harmless for any claim arising with respect to that 
     vessel after conveyance of the vessel, including any claims 
     arising from the condition of the vessel and its equipment or 
     exposure to hazardous materials.
       (c) Delivery of Vessel.--The Commandant shall deliver the 
     vessel conveyed under the authority provided in subsection 
     (a)--
       (1) at the place where the vessel is located on the date of 
     the conveyance;
       (2) in its condition on the date of conveyance; and
       (3) without cost to the United States.
       (d) Other Excess Equipment.--The Commandant may further 
     convey any excess equipment or parts from other Coast Guard 
     vessels, which are excess to the needs of the Coast Guard and 
     the Department of Homeland Security, to the Sheriff's 
     Department for use to enhance the operability of the vessel 
     conveyed under the authority provided in subsection (a).
       (e) Additional Terms and Conditions.--The Commandant may 
     require such additional terms and conditions in connection 
     with the conveyance authorized by subsection (a) as the 
     Commandant considers appropriate to protect the interests of 
     the United States.

     SEC. 417. CONVEYANCE OF COAST GUARD VESSEL TO WARREN COUNTY, 
                   MISSISSIPPI.

       (a) Authority to Convey.--Notwithstanding the Federal 
     Property and Administrative Services Act of 1949, the 
     Commandant of the Coast Guard may convey to the Sheriff's 
     Office of Warren County, Mississippi (in this section 
     referred to as the ``Sheriff's Office''), without 
     consideration all right, title, and interest of the United 
     States in and to a Coast Guard trailerable boat, ranging from 
     17 feet to 30 feet in size, that the Commandant determines--
       (1) is appropriate for use by the Sheriff's Office; and
       (2) is excess to the needs of the Coast Guard and the 
     Department of Homeland Security.
       (b) Condition.--As a condition of conveying a vessel under 
     the authority provided in subsection (a), the Commandant 
     shall enter into an agreement with the Sheriff's Office under 
     which the Sheriff's Office agrees--

[[Page H2692]]

       (1) to utilize the vessel for homeland security and other 
     appropriate purposes as jointly agreed upon by the Commandant 
     and the Sheriff's Office before conveyance; and
       (2) to take the vessel ``as is'' and to hold the United 
     States harmless for any claim arising with respect to that 
     vessel after conveyance of the vessel, including any claims 
     arising from the condition of the vessel and its equipment or 
     exposure to hazardous materials.
       (c) Delivery of Vessel.--The Commandant shall deliver the 
     vessel conveyed under the authority provided in subsection 
     (a)
       (1) at the place where the vessel is located on the date of 
     the conveyance;
       (2) in its condition on the date of conveyance; and
       (3) without cost to the United States.
       (d) Other Excess Equipment.--The Commandant may further 
     convey any excess equipment or parts from other Coast Guard 
     vessels, which are excess to the needs of the Coast Guard and 
     the Department of Homeland Security, to the Sheriff's Office 
     for use to enhance the operability of the vessel conveyed 
     under the authority provided in subsection (a).
       (e) Additional Terms and Conditions.--The Commandant may 
     require such additional terms and conditions in connection 
     with the conveyance authorized by subsection (a) as the 
     Commandant considers appropriate to protect the interests of 
     the United States.

     SEC. 418. CONVEYANCE OF COAST GUARD VESSEL TO WASHINGTON 
                   COUNTY, MISSISSIPPI.

       (a) Authority to Convey.--Notwithstanding the Federal 
     Property and Administrative Services Act of 1949, the 
     Commandant of the Coast Guard may convey to the Sheriff's 
     Office of Washington County, Mississippi (in this section 
     referred to as the ``Sheriff's Office''), without 
     consideration all right, title, and interest of the United 
     States in and to a Coast Guard trailerable boat, ranging from 
     17 feet to 30 feet in size, that the Commandant determines--
       (1) is appropriate for use by the Sheriff's Office; and
       (2) is excess to the needs of the Coast Guard and the 
     Department of Homeland Security.
       (b) Condition.--As a condition of conveying a vessel under 
     the authority provided in subsection (a), the Commandant 
     shall enter into an agreement with the Sheriff's Office under 
     which the Sheriff's Office agrees--
       (1) to utilize the vessel for homeland security and other 
     appropriate purposes as jointly agreed upon by the Commandant 
     and the Sheriff's Office before conveyance; and
       (2) to take the vessel ``as is'' and to hold the United 
     States harmless for any claim arising with respect to that 
     vessel after conveyance of the vessel, including any claims 
     arising from the condition of the vessel and its equipment or 
     exposure to hazardous materials.
       (c) Delivery of Vessel.--The Commandant shall deliver the 
     vessel conveyed under the authority provided in subsection 
     (a)--
       (1) at the place where the vessel is located on the date of 
     the conveyance;
       (2) in its condition on the date of conveyance; and
       (3) without cost to the United States.
       (d) Other Excess Equipment.--The Commandant may further 
     convey any excess equipment or parts from other Coast Guard 
     vessels, which are excess to the needs of the Coast Guard and 
     the Department of Homeland Security, to the Sheriff's Office 
     for use to enhance the operability of the vessel conveyed 
     under the authority provided in subsection (a).
       (e) Additional Terms and Conditions.--The Commandant may 
     require such additional terms and conditions in connection 
     with the conveyance authorized by subsection (a) as the 
     Commandant considers appropriate to protect the interests of 
     the United States.

     SEC. 419. COAST GUARD ASSETS FOR UNITED STATES VIRGIN 
                   ISLANDS.

       (a) In General.--The Secretary of Homeland Security may 
     station additional Coast Guard assets in the United States 
     Virgin Islands for port security and other associated 
     purposes.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary for fiscal year 2008 such 
     sums as are necessary to carry out this section.

     SEC. 420. CONVEYANCE OF THE PRESQUE ISLE LIGHT STATION 
                   FRESNEL LENS TO PRESQUE ISLE TOWNSHIP, 
                   MICHIGAN.

       (a) Conveyance of Lens Authorized.--
       (1) Transfer of possession.--Notwithstanding any other 
     provision of law, the Commandant of the Coast Guard may 
     transfer to Presque Isle Township, a township in Presque Isle 
     County in the State of Michigan (in this section referred to 
     as the ``Township''), possession of the Historic Fresnel Lens 
     (in this section referred to as the ``Lens'') from the 
     Presque Isle Light Station Lighthouse, Michigan (in this 
     section referred to as the ``Lighthouse'').
       (2) Condition.--As a condition of the transfer of 
     possession authorized by paragraph (1), the Township shall, 
     not later than one year after the date of transfer, install 
     the Lens in the Lighthouse for the purpose of operating the 
     Lens and Lighthouse as a Class I private aid to navigation 
     pursuant to section 85 of title 14, United States Code, and 
     the applicable regulations under that section.
       (3) Conveyance of lens.--Upon the certification of the 
     Commandant that the Township has installed the Lens in the 
     Lighthouse and is able to operate the Lens and Lighthouse as 
     a private aid to navigation as required by paragraph (2), the 
     Commandant shall convey to the Township all right, title, and 
     interest of the United States in and to the Lens.
       (4) Cessation of united states operations of aids to 
     navigation at lighthouse.--Upon the making of the 
     certification described in paragraph (3), all active Federal 
     aids to navigation located at the Lighthouse shall cease to 
     be operated and maintained by the United States.
       (b) Reversion.--
       (1) Reversion for failure of aid to navigation.--If the 
     Township does not comply with the condition set forth in 
     subsection (a)(2) within the time specified in that 
     subsection, the Township shall, except as provided in 
     paragraph (2), return the Lens to the Commandant at no cost 
     to the United States and under such conditions as the 
     Commandant may require.
       (2) Exception for historical preservation.--Notwithstanding 
     the lack of compliance of the Township as described in 
     paragraph (1), the Township may retain possession of the Lens 
     for installation as an artifact in, at, or near the 
     Lighthouse upon the approval of the Commandant and under such 
     conditions for the preservation and conservation of the Lens 
     as the Commandant shall specify for purposes of this 
     paragraph. Installation of the Lens under this paragraph 
     shall occur, if at all, not later than two years after the 
     date of the transfer of the Lens to the Township under 
     subsection (a)(1).
       (3) Reversion for failure of historical preservation.--If 
     retention of the Lens by the Township is authorized under 
     paragraph (2) and the Township does not install the Lens in 
     accordance with that paragraph within the time specified in 
     that paragraph, the Township shall return the lens to the 
     Coast Guard at no cost to the United States and under such 
     conditions as the Commandant may require.
       (c) Conveyance of Additional Personal Property.--
       (1) Transfer and conveyance of personal property.--
     Notwithstanding any other provision of law, the Commandant 
     may transfer to the Township any additional personal property 
     of the United States related to the Lens that the Commandant 
     considers appropriate for conveyance under this section. If 
     the Commandant conveys the Lens to the Township under 
     subsection (a)(3), the Commandant may convey to the Township 
     any personal property previously transferred to the Township 
     under this subsection.
       (2) Reversion.--If the Lens is returned to the Coast Guard 
     pursuant to subsection (b), the Township shall return to the 
     Coast Guard all personal property transferred or conveyed to 
     the Township under this subsection except to the extent 
     otherwise approved by the Commandant.
       (d) Conveyance Without Consideration.--The conveyance of 
     the Lens and any personal property under this section shall 
     be without consideration.
       (e) Delivery of Property.--The Commandant shall deliver 
     property conveyed under this section--
       (1) at the place where such property is located on the date 
     of the conveyance;
       (2) in its condition on the date of conveyance; and
       (3) without cost to the United States.
       (f) Maintenance of Property.--As a condition of the 
     conveyance of any property to the Township under this 
     section, the Commandant shall enter into an agreement with 
     the Township under which the Township agrees--
       (1) to operate the Lens as a Class I private aid to 
     navigation under section 85 of title 14, United States Code, 
     and application regulations under that section; and
       (2) to hold the United States harmless for any claim 
     arising with respect to personal property conveyed under this 
     section.
       (g) Limitation on Future Conveyance.--The instruments 
     providing for the conveyance of property under this section 
     shall--
       (1) require that any further conveyance of an interest in 
     such property may not be made without the advance approval of 
     the Commandant; and
       (2) provide that, if the Commandant determines that an 
     interest in such property was conveyed without such 
     approval--
       (A) all right, title, and interest in such property shall 
     revert to the United States, and the United States shall have 
     the right to immediate possession of such property; and
       (B) the recipient of such property shall pay the United 
     States for costs incurred by the United States in recovering 
     such property.
       (h) Additional Terms and Conditions.--The Commandant may 
     require such additional terms and conditions in connection 
     with the conveyances authorized by this section as the 
     Commandant considers appropriate to protect the interests of 
     the United States.

     SEC. 421. FISHING IN SOUTH PACIFIC TUNA TREATY CONVENTION 
                   AREA.

        Section 12113 of title 46, United States Code, is amended 
     by adding at the end the following new subsection:
       ``(j) A fishery endorsement is not required for a United 
     States-documented purse seine tuna fishing vessel home ported 
     in American Samoa while fishing exclusively for highly

[[Page H2693]]

     migratory species under a license issued pursuant to the 1987 
     Treaty on Fisheries Between the Governments of Certain 
     Pacific Island States and the Government of the United States 
     of America in the treaty area or in any portion of the United 
     States exclusive economic zone bordering the treaty area.''.

     SEC. 422. ASSESSMENT OF NEEDS FOR ADDITIONAL COAST GUARD 
                   PRESENCE IN HIGH LATITUDE REGIONS.

        Within 270 days after the date of enactment of this Act, 
     the Secretary of the department in which the Coast Guard is 
     operating shall submit a report to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives assessing the need for additional Coast Guard 
     prevention and response capability in the high latitude 
     regions. The assessment shall address needs for all Coast 
     Guard mission areas, including search and rescue, marine 
     pollution response and prevention, fisheries enforcement, and 
     maritime commerce. The Secretary shall include in the 
     report--
       (1) an assessment of the high latitude operating 
     capabilities of all current Coast Guard assets, including 
     assets acquired under the Deepwater program;
       (2) an assessment of projected needs for Coast Guard 
     forward operating bases in the high latitude regions;
       (3) an assessment of shore infrastructure, personnel, 
     logistics, communications, and resources requirements to 
     support Coast Guard forward operating bases in the high 
     latitude regions;
       (4) an assessment of the need for high latitude icebreaking 
     capability and the capability of the current high latitude 
     icebreaking assets of the Coast Guard, including--
       (A) whether the Coast Guard's high latitude icebreaking 
     fleet is meeting current mission performance goals;
       (B) whether the fleet is capable of meeting projected 
     mission performance goals; and
       (C) an assessment of the material condition, safety, and 
     working conditions aboard high latitude icebreaking assets, 
     including the effect of those conditions on mission 
     performance;
       (5) a detailed estimate of acquisition costs for each of 
     the assets (including shore infrastructure) necessary for 
     additional prevention and response capability in high 
     latitude regions for all Coast Guard mission areas, and an 
     estimate of operations and maintenance costs for such assets 
     for the initial 10-year period of operations; and
       (6) detailed cost estimates (including operating and 
     maintenance for a period of 10 years) for high latitude 
     icebreaking capability to ensure current and projected future 
     mission performance goals are met, including estimates of the 
     costs to--
       (A) renovate and modernize the Coast Guard's existing high 
     latitude icebreaking fleet; and
       (B) replace the Coast Guard's existing high latitude 
     icebreaking fleet.

     SEC. 423. STUDY OF REGIONAL RESPONSE VESSEL AND SALVAGE 
                   CAPABILITY FOR OLYMPIC PENINSULA COAST, 
                   WASHINGTON.

       No later than 180 days after the date of enactment of this 
     Act, the Secretary of the department in which the Coast Guard 
     is operating shall study through the National Academy of 
     Sciences the need for regional response vessel and salvage 
     capability for the State of Washington Olympic Peninsula 
     coast. In conducting the study, the National Academy of 
     Sciences shall consult with Federal, State, and tribal 
     officials and other relevant stakeholders. The study shall--
       (1) identify the capabilities, equipment, and facilities 
     necessary for a response vessel in the entry to the Strait of 
     Juan de Fuca at Neah Bay in order to optimize oil spill 
     protection on Washington's Olympic Peninsula coast and 
     provide rescue towing services, oil spill response, and 
     salvage and firefighting capabilities;
       (2) analyze the multimission capabilities necessary for a 
     rescue vessel and the need for that vessel to utilize cached 
     salvage, oil spill response, and oil storage equipment while 
     responding to a spill or a vessel in distress, and make 
     recommendations as to the placement of such equipment;
       (3) address scenarios that consider all vessel types and 
     weather conditions and compare current Neah Bay rescue vessel 
     capabilities, costs, and benefits with other United States 
     industry-funded response vessels, including those currently 
     operating in Alaska's Prince William Sound;
       (4) determine whether the current level of protection 
     afforded by the Neah Bay response vessel and associated 
     response equipment is comparable to protection in other 
     locations where response vessels operate, including Prince 
     William Sound, Alaska, and if it is not comparable, make 
     recommendations regarding how capabilities, equipment, and 
     facilities should be modified to achieve optimum protection; 
     and
       (5) consider pending firefighting and salvage regulations 
     developed pursuant to the Oil Pollution Act of 1990.

     SEC. 424. REPORT ON PROJECTED WORKLOAD AT THE COAST GUARD 
                   YARD IN CURTIS BAY, MARYLAND.

        Within six months after the date of enactment of this Act, 
     the Secretary of the department in which the Coast Guard is 
     operating shall submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate, a report detailing the projected workload for the 
     current calendar year and each of the subsequent 5 calendar 
     years at the Coast Guard Yard in Curtis Bay, Maryland, and 
     the total full-time equivalents (FTE) to be supported by the 
     account established under section 648 of title 14, United 
     States Code, (popularly known as the Yard Fund) in each such 
     calendar year to meet that workload. The report shall--
       (1) detail work projects to be undertaken during the 
     current calendar year and during each of the next five 
     calendar years as part of the Mission Effectiveness Program 
     (MEP) and projects projected to be undertaken that are not 
     associated with the MEP;
       (2) identify the number of regular full-time employees, 
     term employees, and employees in any other classification 
     that are projected to be employed in any capacity at the Yard 
     in each such calendar year;
       (3) specify how many of the employees in any capacity that 
     are expected to be employed at the Yard in each such year are 
     expected to be uniformed members of the Coast Guard and how 
     many are expected to be civilians;
       (4) identify how many employees in any capacity (whether 
     uniformed or civilian) are projected to be assigned in each 
     such calendar year to each of overhead positions, engineering 
     positions, waterfront support positions, and waterfront trade 
     positions to meet projected workloads in that year;
       (5) identify the amount of overtime in each of overhead 
     positions, engineering positions, waterfront support 
     positions, and waterfront trade positions position that will 
     be required to meet the projected workload in each such 
     calendar year;
       (6) identify the number of trades training students that 
     are projected to be trained at the Yard in each such calendar 
     year; and
       (7) address whether the FTE ceiling in place for the Yard 
     is sufficient to allow all work projects scheduled for the 
     current calendar year to be completed on schedule, and what 
     level of FTE is likely to be required in each of the 
     subsequent five calendar years to allow completion on 
     schedule of the projected workload in each of those years.

     SEC. 425. STUDY OF BRIDGES OVER NAVIGABLE WATERS.

        The Secretary of Transportation shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a comprehensive study on the 
     proposed construction or alteration of any bridge, 
     drawbridge, or causeway over navigable waters with a channel 
     depth of 25 feet or greater of the United States that may 
     impede or obstruct future navigation to or from port 
     facilities.

     SEC. 426. LIMITATION ON JURISDICTION OF STATES TO TAX CERTAIN 
                   SEAMEN.

       Section 11108(b)(2)(B) of title 46, United States Code, is 
     amended to read as follows:
       ``(B) who performs regularly-assigned duties while engaged 
     as a master, officer, or crewman on a vessel operating on 
     navigable waters in 2 or more States.''.

     SEC. 427. DECOMMISSIONED COAST GUARD VESSELS FOR BERMUDA.

       (a) In General.--Notwithstanding any other law, upon the 
     scheduled decommissioning of any Coast Guard 41-foot patrol 
     boat and after the Government of Haiti has exercised all of 
     their options under section 411, the Commandant of the Coast 
     Guard shall give the Government of Bermuda a right-of-first-
     refusal for conveyance of that vessel to the Government of 
     Bermuda, if that Government of Bermuda agrees--
       (1) to use the vessel for the Coast Guard of Bermuda;
       (2) to make the vessel available to the United States 
     Government if needed for use by the Commandant in time of war 
     or national emergency;
       (3) to hold the United States Government harmless for any 
     claims arising from exposure to hazardous materials, 
     including asbestos and polychlorinated biphenyls, after 
     conveyance of the vessel, except for claims arising from the 
     use by the United States Government under paragraph (2); and
       (4) to any other conditions the Commandant considers 
     appropriate.
       (b) Limitation.--The Commandant may not convey more than 3 
     vessels to the Government of Bermuda pursuant to this 
     section.
       (c) Maintenance and Delivery of Vessel.--
       (1) Maintenance.--Before conveyance of a vessel under this 
     section, the Commandant shall make, to the extent practical 
     and subject to other Coast Guard mission requirements, every 
     effort to maintain the integrity of the vessel and its 
     equipment until the time of delivery.
       (2) Delivery.--If a conveyance is made under this section, 
     the Commandant shall deliver a vessel to a suitable mooring 
     in the local area in its present condition.
       (3) Treatment of conveyance.--The conveyance of a vessel 
     under this section shall not be considered a distribution in 
     commerce for purposes of section 6(e) of Public Law 94-469 
     (15 U.S.C. 2605(e)).

     SEC. 428. RECREATIONAL MARINE INDUSTRY.

       (a) Exception.--Section 2(3)(F) of the Longshore and Harbor 
     Workers' Compensation Act (33 U.S.C. 902(3)) is amended to 
     read as follows:
       ``(F) individuals who--
       ``(i) are employed to manufacture any recreational vessel 
     under 165 feet in length; or

[[Page H2694]]

       ``(ii) are employed to repair any recreational vessel, or 
     to dismantle any part of any recreational vessel in 
     connection with repair of the vessel;''.
       (b) Recreational Endorsement.--Section 12114 of title 46, 
     United States Code, is amended by adding at the end the 
     following:
       ``(d) Vessels Manufactured by Certain Individuals.--A 
     vessel manufactured by individuals under the exception 
     provided in section 2(3)(F) of the Longshore and Harbor 
     Workers' Compensation Act may only be issued a recreational 
     vessel endorsement under this chapter, and that restriction 
     shall be noted on the certification of documentation issued 
     under section 12105.''.

     SEC. 429. CONVEYANCE OF COAST GUARD VESSELS TO NASSAU COUNTY, 
                   NEW YORK.

       (a) Authority to Convey.--Notwithstanding the Federal 
     Property and Administrative Services Act of 1949, the 
     Commandant of the Coast Guard may convey to the Police 
     Department of Nassau County, New York (in this section 
     referred to as the ``Police Department''), without 
     consideration all right, title, and interest of the United 
     States in and to two Coast Guard 41-foot patrol boats that 
     the Commandant determines--
       (1) is appropriate for use by the Police Department; and
       (2) is excess to the needs of the Coast Guard and the 
     Department of Homeland Security.
       (b) Condition.--As a condition of conveying a vessel under 
     the authority provided in subsection (a), the Commandant 
     shall enter into an agreement with the Police Department 
     under which the Police Department agrees--
       (1) to utilize the vessel for homeland security and other 
     appropriate purposes as jointly agreed upon by the Commandant 
     and the Police Department before conveyance; and
       (2) to take the vessel ``as is'' and to hold the United 
     States harmless for any claim arising with respect to that 
     vessel after conveyance of the vessel, including any claims 
     arising from the condition of the vessel and its equipment or 
     exposure to hazardous materials.
       (c) Delivery of Vessel.--The Commandant shall deliver a 
     vessel conveyed under the authority provided in subsection 
     (a)--
       (1) at the place where the vessel is located on the date of 
     the conveyance;
       (2) in its condition on the date of conveyance; and
       (3) without cost to the United States.
       (d) Other Excess Equipment.--The Commandant may further 
     convey any excess equipment or parts from other Coast Guard 
     vessels, which are excess to the needs of the Coast Guard and 
     the Department of Homeland Security, to the Police Department 
     for use to enhance the operability of a vessel conveyed under 
     the authority provided in subsection (a).
       (e) Additional Terms and Conditions.--The Commandant may 
     require such additional terms and conditions in connection 
     with a conveyance authorized by subsection (a) as the 
     Commandant considers appropriate to protect the interests of 
     the United States.

                    TITLE V--BALLAST WATER TREATMENT

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Ballast Water Treatment 
     Act of 2008''.

     SEC. 502. DECLARATION OF GOALS AND PURPOSES.

       Section 1002 of the Nonindigenous Aquatic Nuisance 
     Prevention and Control Act of 1990 (16 U.S.C. 4701) is 
     amended--
       (1) by redesignating subsection (b) as subsection (c);
       (2) by inserting after subsection (a) the following:
       ``(b) Declaration of Goals and Purposes.--The objective of 
     this Act is to eliminate the threat and impacts of 
     nonindigenous aquatic nuisance species in the waters of the 
     United States. In order to achieve this objective, it is 
     declared that, consistent with the provisions of this Act--
       ``(1) it is the national goal that ballast water discharged 
     into the waters of the United States will contain no living 
     (viable) organisms by the year 2015;
       ``(2) it is the national policy that the introduction of 
     nonindigenous aquatic nuisance species in the waters of the 
     United States be prohibited; and
       ``(3) it is the national policy that Federal, State, and 
     local governments and the private sector identify the most 
     effective ways to coordinate prevention efforts, and 
     harmonize environmentally sound methods to prevent, detect, 
     monitor, and control nonindigenous aquatic nuisance species, 
     in an expeditious manner.''.
       (3) in subsection (c)(1) (as redesignated by paragraph (1) 
     of this section)--
       (A) by striking ``prevent'' and inserting ``eliminate''; 
     and
       (B) by inserting ``treatment'' after ``ballast water'';
       (4) in subsection (c)(2) (as so redesignated)--
       (A) by inserting ``, detection, monitoring,'' after 
     ``prevention''; and
       (B) by striking ``the zebra mussel and other'';
       (5) in subsection (c)(3) (as so redesignated)--
       (A) by inserting ``detect,'' after ``prevent,''; and
       (B) by striking ``from pathways other than ballast water 
     exchange'';
       (6) in subsection (c)(4) (as so redesignated) by striking 
     ``, including the zebra mussel''; and
       (7) in subsection (c)(5) (as so redesignated)--
       (A) by inserting ``prevention,'' after ``in the'';
       (B) by inserting a comma after ``management''; and
       (C) by striking ``zebra mussels'' and inserting ``aquatic 
     nuisance species''.

     SEC. 503. BALLAST WATER MANAGEMENT.

       (a) In General.--Section 1101 of the Nonindigenous Aquatic 
     Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711) 
     is amended to read as follows:

     ``SEC. 1101. BALLAST WATER MANAGEMENT.

       ``(a) Vessels to Which This Section Applies.--
       ``(1) In general.--Except as provided in paragraphs (2), 
     (3), (4), and (5), this section applies to a vessel that 
     engages in the discharge of ballast water in waters subject 
     to the jurisdiction of the United States that--
       ``(A) is designed, constructed, or adapted to carry ballast 
     water; and
       ``(B)(i) is a vessel of the United States; or
       ``(ii) is a foreign vessel that--
       ``(I) is en route to a United States port or place; or
       ``(II) has departed from a United States port or place and 
     is within waters subject to the jurisdiction of the United 
     States.
       ``(2) Permanent ballast water vessels.--This section does 
     not apply to a vessel that carries all of its permanent 
     ballast water in sealed tanks that are not subject to 
     discharge or a vessel that continuously takes on and 
     discharges ballast water in a flow-through system.
       ``(3) Armed forces vessels.--
       ``(A) Exemption.--Except as provided in subparagraph (B), 
     this section does not apply to a vessel of the Armed Forces.
       ``(B) Ballast water management program.--The Secretary and 
     the Secretary of Defense, after consultation with each other 
     and with the Under Secretary and the heads of other 
     appropriate Federal agencies as determined by the Secretary, 
     shall implement a ballast water management program, including 
     the issuance of standards for ballast water exchange and 
     treatment and for sediment management, for vessels of the 
     Armed Forces under their respective jurisdictions designed, 
     constructed, or adapted to carry ballast water that are--
       ``(i) consistent with the requirements of this section, 
     including the deadlines established by this section; and
       ``(ii) at least as stringent as the requirements issued for 
     such vessels under section 312 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1322).
       ``(4) Special rule for small recreational vessels.--In 
     applying this section to recreational vessels less than 50 
     meters in length that have a maximum ballast water capacity 
     of 8 cubic meters, the Secretary may issue alternative 
     measures for managing ballast water in a manner that is 
     consistent with the requirements of this section.
       ``(5) Marad vessels.--Subsection (f) does not apply to any 
     vessel in the National Defense Reserve Fleet that is 
     scheduled to be disposed of through scrapping or sinking.
       ``(b) Uptake and Discharge of Ballast Water or Sediment.--
       ``(1) Prohibition.--The operator of a vessel to which this 
     section applies may not conduct the uptake or discharge of 
     ballast water or sediment in waters subject to the 
     jurisdiction of the United States except as provided in this 
     section.
       ``(2) Exceptions.--Paragraph (1) does not apply to the 
     uptake or discharge of ballast water or sediment in the 
     following circumstances:
       ``(A) The uptake or discharge is solely for the purpose 
     of--
       ``(i) ensuring the safety of the vessel in an emergency 
     situation; or
       ``(ii) saving a life at sea.
       ``(B) The uptake or discharge is accidental and the result 
     of damage to the vessel or its equipment and--
       ``(i) all reasonable precautions to prevent or minimize 
     ballast water and sediment discharge have been taken before 
     and after the damage occurs, the discovery of the damage, and 
     the discharge; and
       ``(ii) the owner or officer in charge of the vessel did not 
     willfully or recklessly cause the damage.
       ``(C) The uptake or discharge is solely for the purpose of 
     avoiding or minimizing the discharge from the vessel of 
     pollution that would otherwise violate applicable Federal or 
     State law.
       ``(D) The uptake or discharge of ballast water and sediment 
     occurs at the same location where the whole of that ballast 
     water and that sediment originated and there is no mixing 
     with ballast water and sediment from another area that has 
     not been managed in accordance with the requirements of 
     this section.
       ``(c) Vessel Ballast Water Management Plan.--
       ``(1) In general.--The operator of a vessel to which this 
     section applies shall conduct all ballast water management 
     operations of that vessel in accordance with a ballast water 
     management plan designed to minimize the discharge of aquatic 
     nuisance species that--
       ``(A) meets the requirements prescribed by the Secretary by 
     regulation; and
       ``(B) is approved by the Secretary.
       ``(2) Approval criteria.--

[[Page H2695]]

       ``(A) In general.--The Secretary may not approve a ballast 
     water management plan unless the Secretary determines that 
     the plan--
       ``(i) describes in detail the actions to be taken to 
     implement the ballast water management requirements 
     established under this section;
       ``(ii) describes in detail the procedures to be used for 
     disposal of sediment at sea and on shore in accordance with 
     the requirements of this section;
       ``(iii) describes in detail safety procedures for the 
     vessel and crew associated with ballast water management;
       ``(iv) designates the officer on board the vessel in charge 
     of ensuring that the plan is properly implemented;
       ``(v) contains the reporting requirements for vessels 
     established under this section and a copy of each form 
     necessary to meet those requirements; and
       ``(vi) meets all other requirements prescribed by the 
     Secretary.
       ``(B) Foreign vessels.--The Secretary may approve a ballast 
     water management plan for a foreign vessel on the basis of a 
     certificate of compliance issued by the vessel's country of 
     registration if the government of that country requires the 
     ballast water management plan for that vessel to include 
     information comparable to the information required under 
     regulations issued by the Secretary.
       ``(3) Copy of plan on board vessel.--The owner or operator 
     of a vessel to which this section applies shall--
       ``(A) maintain a copy of the vessel's ballast water 
     management plan on board at all times; and
       ``(B) keep the plan readily available for examination by 
     the Secretary and the head of the appropriate agency of the 
     State in which the vessel is located at all reasonable times.
       ``(d) Vessel Ballast Water Record Book.--
       ``(1) In general.--The owner or operator of a vessel to 
     which this section applies shall maintain, in English on 
     board the vessel, a ballast water record book in which each 
     operation of the vessel involving ballast water or sediment 
     discharge is recorded in accordance with regulations issued 
     by the Secretary.
       ``(2) Availability.--The ballast water record book--
       ``(A) shall be kept readily available for examination by 
     the Secretary and the head of the appropriate agency of the 
     State in which the vessel is located at all reasonable times; 
     and
       ``(B) notwithstanding paragraph (1), may be kept on the 
     towing vessel in the case of an unmanned vessel under tow.
       ``(3) Retention period.--The ballast water record book 
     shall be retained--
       ``(A) on board the vessel for a period of 3 years after the 
     date on which the last entry in the book is made; and
       ``(B) under the control of the vessel's owner for an 
     additional period of 3 years.
       ``(4) Regulations.--In the regulations issued under this 
     section, the Secretary shall require, at a minimum, that--
       ``(A) each entry in the ballast water record book be signed 
     and dated by the officer in charge of the ballast water 
     operation recorded;
       ``(B) each completed page in the ballast water record book 
     be signed and dated by the master of the vessel; and
       ``(C) at least monthly, the owner or operator of the vessel 
     transmit such information to the Secretary regarding the 
     ballast operations of the vessel as the Secretary may 
     require.
       ``(5) Alternative means of recordkeeping.--The Secretary 
     may provide, by regulation, for alternative methods of 
     recordkeeping, including electronic recordkeeping, to comply 
     with the requirements of this subsection. Any electronic 
     recordkeeping method authorized by the Secretary shall 
     support the inspection and enforcement provisions of this Act 
     and shall comply with applicable standards of the National 
     Institute of Standards and Technology and the Office of 
     Management and Budget governing reliability, integrity, 
     identity authentication, and nonrepudiation of stored 
     electronic data.
       ``(e) Ballast Water Exchange Requirements.--
       ``(1) In general.--
       ``(A) Requirement.--Until a vessel is required to conduct 
     ballast water treatment in accordance with subsection (f), 
     the operator of a vessel to which this section applies may 
     not discharge ballast water in waters subject to the 
     jurisdiction of the United States, except after--
       ``(i) conducting ballast water exchange as required by this 
     subsection, in accordance with regulations issued by the 
     Secretary;
       ``(ii) using ballast water treatment technology that meets 
     the performance standards of subsection (f); or
       ``(iii) using environmentally sound alternative ballast 
     water treatment technology if the Secretary determines that 
     such treatment technology is at least as effective as the 
     ballast water exchange required by clause (i) in preventing 
     and controlling the introduction of aquatic nuisance species.
       ``(B) Ballast water regulations.--Ballast water exchange 
     regulations developed under subparagraph (A)(i) shall 
     contain--
       ``(i) a provision for ballast water exchange that 
     requires--

       ``(I) at least 1 empty-and-refill cycle, outside the 
     exclusive economic zone or in an alternative exchange area 
     designated by the Secretary, of each ballast tank that 
     contains ballast water to be discharged into waters of the 
     United States; or
       ``(II) for a case in which the master of a vessel 
     determines that compliance with the requirement under 
     subclause (I) is impracticable, a sufficient number of flow-
     through exchanges of ballast water, outside the exclusive 
     economic zone or in an alternative exchange area designated 
     by the Secretary, to achieve replacement of at least 95 
     percent of ballast water in ballast tanks of the vessel, as 
     determined by a certification dye study conducted or model 
     developed by the Secretary and recorded in the ballast water 
     management plan of the vessel pursuant to subsection 
     (c)(2)(A)(i); and

       ``(ii) if a ballast water exchange is not undertaken 
     pursuant to subsection (h), a contingency procedure that 
     requires the master of a vessel to use the best practicable 
     technology or practice to treat ballast discharge.
       ``(C) Technology efficacy.--For purposes of this paragraph, 
     a ballast water treatment technology shall be considered to 
     be at least as effective as the ballast water exchange 
     required by clause (i) in preventing and controlling the 
     introduction of aquatic nuisance species if preliminary 
     experiments prior to installation of the technology aboard 
     the vessel demonstrate that the technology meets the ballast 
     water discharge standard provided under Regulation D-2 of the 
     International Convention for the Control and Management of 
     Ships' Ballast Water and Sediments as signed on February 13, 
     2004.
       ``(2) Guidance; 5-year usage.--
       ``(A) Guidance.--Not later than one year after the date of 
     enactment of the Ballast Water Treatment Act of 2008, the 
     Secretary shall develop and issue guidance on technology that 
     may be used under paragraph (1)(A)(iii).
       ``(B) 5-year usage.--The Secretary shall allow a vessel 
     using environmentally-sound alternative ballast treatment 
     technology under paragraph (1)(A)(iii) to continue to use 
     that technology for 5 years after the date on which the 
     environmentally-sound alternative ballast water treatment 
     technology was first placed in service on the vessel or the 
     date on which treatment requirements under subsection (f) 
     become applicable, whichever is later.
       ``(3) Exchange areas.--
       ``(A) Vessels outside the united states eez.--The operator 
     of a vessel en route to a United States port or place from a 
     port or place outside the waters subject to the jurisdiction 
     of the United States shall conduct ballast water exchange--
       ``(i) before arriving at a United States port or place;
       ``(ii) at least 200 nautical miles from the nearest point 
     of land; and
       ``(iii) in water at least 200 meters in depth.
       ``(B) Coastal voyages.--The operator of a vessel 
     originating from a port or place within the United States 
     exclusive economic zone, or from a port within 200 nautical 
     miles of the United States in Canada, Mexico, or other ports 
     designated by the Secretary for purposes of this section, 
     shall conduct ballast water exchange--
       ``(i) at least 50 nautical miles from the nearest point of 
     land; and
       ``(ii) in water at least 200 meters in depth.
       ``(4) Safety or stability exception.--
       ``(A) Secretarial determination.--Paragraph (3) does not 
     apply to the discharge of ballast water if the Secretary 
     determines that compliance with that paragraph would threaten 
     the safety or stability of the vessel, its crew, or is 
     passengers.
       ``(B) Master of the vessel determination.--Paragraph (3) 
     does not apply to the discharge of ballast water if the 
     master of a vessel determines that compliance with that 
     paragraph would threaten the safety or stability of the 
     vessel, its crew, or its passengers because of adverse 
     weather, equipment failure, or any other relevant condition.
       ``(C) Notification required.--Whenever the master of a 
     vessel is unable to comply with the requirements of paragraph 
     (3) because of a determination made under subparagraph (B), 
     the master of the vessel shall--
       ``(i) notify the Secretary as soon as practicable 
     thereafter but no later than 24 hours after making that 
     determination and shall ensure that the determination, the 
     reasons for the determination, and the notice are recorded in 
     the vessel's ballast water record book; and
       ``(ii) undertake ballast water exchange--

       ``(I) in an alternative area that may be designated by the 
     Secretary, after consultation with the Under Secretary, and 
     other appropriate Federal agencies as determined by the 
     Secretary, and representatives of States the waters of which 
     may be affected by the discharge of ballast water; or
       ``(II) in accordance with paragraph (6) if safety or 
     stability concerns prevent undertaking ballast water exchange 
     in the alternative area.

       ``(D) Review of circumstances.--If the master of a vessel 
     conducts a ballast water discharge under the provisions of 
     this paragraph, the Secretary shall review the circumstances 
     to determine whether the discharge met the requirements of 
     this paragraph. The review under this clause shall be in 
     addition to any other enforcement authority of the Secretary.
       ``(5) Discharge under waiver.--

[[Page H2696]]

       ``(A) Substantial business hardship waiver.--If, because of 
     the short length of a voyage, the operator of a vessel is 
     unable to discharge ballast water in accordance with the 
     requirements of paragraph (3)(B) without substantial business 
     hardship, as determined under regulations issued by the 
     Secretary, the operator may request a waiver from the 
     Secretary and discharge the ballast water in accordance with 
     paragraph (6). A request for a waiver under this subparagraph 
     shall be submitted to the Secretary at such time and in such 
     form and manner as the Secretary may require.
       ``(B) Substantial business hardship.--For purposes of 
     subparagraph (A), the factors taken into account in 
     determining substantial business hardship shall include 
     whether--
       ``(i) compliance with the requirements of paragraph (3)(B) 
     would require a sufficiently great change in routing or 
     scheduling of service as to compromise the economic or 
     commercial viability of the trade or business in which the 
     vessel is operated; or
       ``(ii) it is reasonable to expect that the trade or 
     business or service provided will be continued only if a 
     waiver is granted under subparagraph (A).
       ``(6) Permissible discharge.--
       ``(A) In general.--The discharge of ballast water shall be 
     considered to be carried out in accordance with this 
     paragraph if it is--
       ``(i) in an area designated for that purpose by the 
     Secretary, after consultation with the Under Secretary, the 
     heads of other appropriate Federal agencies as determined by 
     the Secretary, and representatives of any State that may be 
     affected by discharge of ballast water in that area; or
       ``(ii) into a reception facility described in subsection 
     (f)(2).
       ``(B) Limitation on volume.--The volume of any ballast 
     water discharged under this paragraph may not exceed the 
     volume necessary to ensure the safe operation of the vessel.
       ``(7) Certain geographically limited routes.--
     Notwithstanding paragraph (1), the operator of a vessel is 
     not required to comply with the requirements of this 
     subsection and subsection (h)(1)--
       ``(A) if the vessel operates exclusively--
       ``(i) within the Great Lakes ecosystem; or
       ``(ii) between or among the main group of the Hawaiian 
     Islands; or
       ``(B) if the vessel operates exclusively within any area 
     with respect to which the Secretary has determined, after 
     consultation with the Under Secretary, the Administrator, and 
     representatives of States the waters of which would be 
     affected by the discharge of ballast water from the vessel, 
     that the risk of introducing aquatic nuisance species through 
     ballast water discharge in the areas in which the vessel 
     operates is insignificant.
       ``(8) National marine sanctuaries and other prohibited 
     areas.--
       ``(A) In general.--A vessel may not conduct ballast water 
     exchange or discharge ballast water under this subsection--
       ``(i) within a national marine sanctuary designated under 
     the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.);
       ``(ii) a marine national monument designated under the Act 
     of June 8, 1906 (chapter 3060; 16 U.S.C. 433 et seq.), 
     popularly known as the Antiquities Act of 1906;
       ``(iii) a national park;
       ``(iv) in waters that are approved by the Administrator as 
     a nondischarge zone under section 312(n)(7) of the Federal 
     Water Pollution Control Act (33 U.S.C. 1322(n)(7)); or
       ``(v) in any other waters designated by the Secretary, in 
     consultation with the Under Secretary and the Administrator.
       ``(B) Additional areas.--The Secretary shall, after 
     consultation with the Under Secretary, the Administrator, and 
     other appropriate Federal and State agencies, as determined 
     by the Secretary, and opportunity for public comment, 
     establish criteria for designating additional areas in which, 
     due to their sensitive ecological nature, restrictions on the 
     discharge of vessel ballast water or sediment containing 
     aquatic nuisance species are warranted.
       ``(C) State waters.--The Governor of any State may submit a 
     written petition to the Secretary to designate an area of 
     State waters that meets the criteria established under 
     subparagraph (B) of this paragraph. The petition shall 
     include a detailed analysis as to how the area proposed to be 
     designated meets those criteria. An area may not be 
     designated under this paragraph until the Secretary 
     determines, based on evidence provided by the Governor, that 
     adequate alternative areas or reception facilities for 
     discharging ballast water or sediment are available. Within 
     180 days after receiving such a petition, the Secretary 
     shall--
       ``(i) make a determination as to whether the proposal meets 
     the requirements of this paragraph for designation; and
       ``(ii) either--

       ``(I) publish a written notice of the petition and the 
     proposed restrictions in the Federal Register; or
       ``(II) notify the Governor in writing that the area 
     proposed for designation does not qualify for designation 
     under this paragraph and include in the notice a detailed 
     explanation of why the area does not qualify for designation 
     under this paragraph.

       ``(D) Procedure; deadline.--Before designating any area in 
     response to a petition under subparagraph (C), the Secretary, 
     after providing an opportunity for public comment, shall 
     publish notice in the Federal Register of the proposed 
     designation. The Secretary and the Under Secretary shall make 
     such information available through other appropriate 
     mechanisms, including a notice to mariners and inclusion on 
     nautical charts.
       ``(E) Effect on state law.--Nothing in this paragraph 
     supersedes any State law in effect as of January 1, 2007, 
     that restricts the discharge of ballast water or sediment in 
     State waters and requires such discharges to be made into 
     reception facilities.
       ``(9) Vessels without pumpable ballast water or with no 
     ballast on board.--Not later than 180 days after the date of 
     enactment of the Ballast Water Treatment Act of 2008, the 
     Secretary shall promulgate regulations to minimize the 
     discharge of invasive species from vessels entering a United 
     States port or place from outside the United States exclusive 
     economic zone that do not exchange their ballast water 
     pursuant to paragraph (1)(A)(iii) of this subsection and 
     claim no ballast on board, or that claim to be carrying only 
     unpumpable quantities of ballast, including, at a minimum, a 
     requirement that--
       ``(A) such a ship shall conduct saltwater flushing of 
     ballast water tanks--
       ``(i) outside the exclusive economic zone; or
       ``(ii) at a designated alternative exchange site; and
       ``(B) before being allowed entry into the Great Lakes 
     beyond the St. Lawrence Seaway, the master of such a vessel 
     shall certify that the vessel has complied with each 
     applicable requirement under this subsection.
       ``(f) Ballast Water Treatment Requirements.--
       ``(1) Performance standards.--A vessel to which this 
     section applies shall conduct ballast water treatment in 
     accordance with the requirements of this subsection before 
     discharging ballast water in waters subject to the 
     jurisdiction of the United States so that the ballast water 
     discharged will contain--
       ``(A) less than 1 living organism per 10 cubic meters that 
     is 50 or more micrometers in minimum dimension;
       ``(B) less than 1 living organism per 10 milliliters that 
     is less than 50 micrometers in minimum dimension and more 
     than 10 micrometers in minimum dimension;
       ``(C) concentrations of indicator microbes that are less 
     than--
       ``(i) 1 colony-forming unit of toxicogenic Vibrio cholera 
     (serotypes O1 and O139) per 100 milliliters or less than 1 
     colony-forming unit of that microbe per gram of wet weight of 
     zoological samples;
       ``(ii) 126 colony-forming units of escherichia coli per 100 
     milliliters; and
       ``(iii) 33 colony-forming units of intestinal enterococci 
     per 100 milliliters; and
       ``(D) concentrations of such additional indicator microbes 
     and of viruses as may be specified in regulations issued by 
     the Secretary and the Administrator, after consultation with 
     other appropriate Federal agencies as determined by the 
     Secretary and the Administrator, that are less than the 
     amount specified in those regulations.
       ``(2) Reception facility exception.--
       ``(A) In general.--Paragraph (1) does not apply to a vessel 
     that discharges ballast water into--
       ``(i) a land-based facility for the reception of ballast 
     water that meets standards issued by the Administrator; or
       ``(ii) a water-based facility for the reception of ballast 
     water that meets standards issued by the Secretary.
       ``(B) Issuance of standards.--Not later than one year after 
     the date of enactment of the Ballast Water Treatment Act of 
     2008, the Secretary, in consultation with the heads of other 
     appropriate Federal agencies as determined by the Secretary, 
     shall issue standards for--
       ``(i) the reception of ballast water in land-based and 
     water-based reception facilities; and
       ``(ii) the disposal or treatment of such ballast water in a 
     way that does not impair or damage the environment, human 
     health, property, or resources.
       ``(3) Treatment system implementation.--
       ``(A) IMO standard implementation.--A vessel to which this 
     section applies shall have a ballast water treatment system 
     that meets the standards provided under Regulation D-2 of the 
     International Convention for the Control and Management of 
     Ships' Ballast Water and Sediments as signed on February 13, 
     2004, beginning on the date of the first drydocking of the 
     vessel after December 31, 2008.
       ``(B) United states standard implementation.--Paragraph (1) 
     applies to a vessel to which this section applies beginning 
     on the date of the first drydocking of the vessel after 
     December 31, 2011, but not later than December 31, 2013.
       ``(C) Period for use of equipment.--The Secretary shall 
     allow a vessel using a treatment system installed under this 
     subsection to continue to use that system for 10 years after 
     the date on which that system was first placed in service on 
     the vessel.
       ``(4) Treatment system approval required.--The operator of 
     a vessel to which this section applies may not use a ballast 
     water treatment system to comply with the requirements of 
     this subsection unless the system is approved by the 
     Secretary. The Secretary, in consultation with the 
     Administrator, shall issue regulations establishing a process 
     for such approval, after consultation with the heads of other 
     appropriate Federal agencies as determined by the Secretary.

[[Page H2697]]

       ``(5) Reliance on certain reports, documents, and 
     records.--In approving a ballast water treatment system under 
     this subsection, the Secretary may rely on reports, 
     documents, and records of persons that meet such requirements 
     as the Secretary may prescribe.
       ``(6) Feasibility review.--
       ``(A) In general.--Not less than 2 years before January 1, 
     2012, the Secretary, in consultation with the Administrator, 
     shall complete a review to determine whether appropriate 
     technologies are available to achieve the performance 
     standards set forth in paragraph (1). In reviewing the 
     technologies the Secretary, the Administrator, and the heads 
     of other appropriate Federal agencies as determined by the 
     Secretary, shall consider--
       ``(i) the effectiveness of a technology in achieving the 
     standards;
       ``(ii) feasibility in terms of compatibility with ship 
     design and operations;
       ``(iii) safety considerations;
       ``(iv) whether a technology has an adverse impact on the 
     environment; and
       ``(v) cost effectiveness.
       ``(B) Delay in scheduled application.--If the Secretary, in 
     consultation with the Administrator, determines, on the basis 
     of the review conducted under subparagraph (A), and after an 
     opportunity for a public hearing, that technology that 
     complies with the standards set forth in paragraph (1) in 
     accordance with the schedule set forth in paragraph (3) is 
     not available for any class of vessels, the Secretary shall 
     require use of technology that achieves the performance 
     levels of the best performing technology available. If the 
     Secretary finds that no technology is available that will 
     achieve the standards set forth in paragraph (1), then the 
     Secretary shall--
       ``(i) extend the date on which that paragraph applies to 
     vessels for a period of not more than 24 months; and
       ``(ii) recommend action to ensure that compliance with the 
     extended date schedule for that subparagraph is achieved.
       ``(C) More protective standards; earlier implementation.--
       ``(i) Performance standards.--If the Secretary and the 
     Administrator determine that ballast water treatment 
     technology exists that exceeds the performance standards 
     required under paragraph (1), the Secretary and the 
     Administrator shall, for any class of vessels, revise the 
     performance standards to incorporate the higher performance 
     standards.
       ``(ii) Implementation.--If the Secretary and the 
     Administrator determine that technology that achieves the 
     applicable performance standards required under paragraph (1) 
     can be implemented earlier than required by this subsection, 
     the Secretary and the Administrator shall, for any class of 
     vessels, accelerate the implementation schedule under 
     paragraph (3). If the Secretary and the Administrator 
     accelerate the implementation schedule pursuant to this 
     clause, the Secretary and the Administrator shall provide at 
     least 24 months notice before such accelerated implementation 
     goes into effect.
       ``(iii) Determinations not mutually exclusive.--The 
     Secretary and the Administrator shall take action under both 
     clause (i) and clause (ii) if the Secretary and the 
     Administrator make determinations under both clauses.
       ``(7) Delay of application for vessel participating in 
     promising technology evaluations.--
       ``(A) In general.--If a vessel participates in a program, 
     including the Shipboard Technology Evaluation Program 
     established under section 1104, using a technology approved 
     by the Secretary to test and evaluate promising ballast water 
     treatment technologies that are likely to result in treatment 
     technologies achieving a standard that is the same as or more 
     stringent than the standard that applies under paragraph (1) 
     before the first date on which paragraph (1) applies to that 
     vessel, the Secretary shall allow the vessel to use that 
     technology for a 10-year period and such vessel shall be 
     deemed to be in compliance with the requirements of paragraph 
     (1) during that 10-year period.
       ``(B) Vessel diversity.--The Secretary--
       ``(i) shall seek to ensure that a wide variety of vessel 
     types and voyages are included in the program; but
       ``(ii) may not grant a delay under this paragraph to more 
     than 5 percent of the vessels to which this section applies.
       ``(C) Termination of grace period.--The Secretary may 
     terminate the 10-year grace period of a vessel under 
     subparagraph (A) if--
       ``(i) the participation of the vessel in the program is 
     terminated without the consent of the Secretary;
       ``(ii) the vessel does not comply with manufacturer's 
     standards for operating the ballast water treatment 
     technology used on such vessel; or
       ``(iii) the Secretary determines that the approved 
     technology is insufficiently effective or is causing harm to 
     the environment.
       ``(8) Review of standards.--
       ``(A) In general.--In December 2012 and every third year 
     thereafter, the Administrator and the Secretary shall 
     complete review of ballast water treatment standards in 
     effect under this subsection to determine, after consultation 
     with the heads of other appropriate Federal agencies 
     determined by the Administrator and the Secretary, if the 
     standards under this subsection should be revised to reduce 
     the amount of organisms or microbes allowed to be discharged, 
     taking into account improvements in the scientific 
     understanding of biological processes leading to the spread 
     of aquatic nuisance species and improvements in ballast water 
     treatment technology. The Administrator and the Secretary 
     shall revise, by regulation, the requirements of this 
     subsection as necessary.
       ``(B) Application of adjusted standards.--In the 
     regulations, the Secretary and the Administrator shall 
     provide for the prospective application of the adjusted 
     standards issued under this paragraph to vessels constructed 
     after the date on which the adjusted standards apply and for 
     an orderly phase-in of the adjusted standards to existing 
     vessels.
       ``(9) High-risk voyages.--
       ``(A) Vessel list.--Not later than one year after the date 
     of enactment of the Ballast Water Treatment Act of 2008, the 
     Secretary shall publish and regularly update a list of 
     vessels, not equipped with ballast water equipment under this 
     section, identified by the States that, due to factors such 
     as the origin of their voyages, the frequency of their 
     voyages, the volume of ballast water they carry, the 
     biological makeup of the ballast water, and the fact that 
     they frequently discharge ballast water under an exception to 
     subsection (e), pose a high risk of introducing aquatic 
     nuisance species into the waters of those States.
       ``(B) Incentive programs.--The Secretary shall give 
     priority to vessels on the list for participation in a 
     program described in paragraph (7). Any Federal agency, and 
     any State agency with respect to vessels identified by such 
     State to the Secretary for inclusion on a list under 
     subparagraph (A), may develop and implement technology 
     development programs or other incentives (whether positive or 
     negative) in order to encourage the adoption of ballast water 
     treatment technology by those vessels consistent with the 
     requirements of this section on an expedited basis.
       ``(10) Nonapplicability of vessels operating exclusively in 
     determined area.--
       ``(A) In general.--Except as provided in subparagraph (D), 
     paragraph (1) does not apply to a vessel that operates 
     exclusively within a geographically limited area if the 
     Secretary and the Administrator have determined through a 
     rulemaking proceeding, after consultation with the heads of 
     other appropriate Federal agencies as determined by the 
     Secretary and the Administrator, and representatives of 
     States the waters of which could be affected by the discharge 
     of ballast water from the vessel, that the risk of 
     introducing aquatic nuisance species through ballast water 
     discharge from the vessel is insignificant.
       ``(B) Certain vessels.--A vessel constructed before January 
     1, 2001, that operates exclusively within the Great Lakes 
     ecosystem shall be presumed not to pose a significant risk of 
     introducing aquatic nuisance species unless the Secretary and 
     the Administrator find otherwise in a rulemaking proceeding 
     under subparagraph (A).
       ``(C) Best practices.--The Secretary and the Administrator 
     shall develop, and require a vessel exempted from complying 
     with the requirements of paragraph (1) under this paragraph 
     to follow, best practices to minimize the spreading of 
     aquatic nuisance species in its operation area. The best 
     practices shall be developed in consultation with the 
     Governors of States that may be affected.
       ``(D) Stopping the spread of infectious disease.--The 
     Secretary, at the request of the Secretary of Agriculture, 
     shall require a vessel to which paragraph (1) does not apply 
     in accordance with subparagraph (A) to have a ballast water 
     treatment system approved by the Secretary under this 
     subsection to stop the spread of infectious diseases to 
     plants and animals as otherwise authorized by law.
       ``(11) Testing protocols and laboratories.--
       ``(A) In general.--The Secretary and the Administrator, 
     shall, no later than 90 days after the date of enactment of 
     the Ballast Water Treatment Act of 2008 and without regard to 
     chapter 5 of title 5, United States Code, issue interim 
     protocols for verifying the performance of ballast water 
     treatment technologies required by this Act, criteria for 
     certifying laboratories to evaluate such technologies, and 
     procedures for approving treatment equipment and systems for 
     shipboard use.
       ``(B) Protocols and procedures for treatment 
     technologies.--In developing protocols and procedures for 
     verifying and approving treatment technologies, the Secretary 
     and the Administrator, shall consider using existing 
     protocols and procedures including methods used as part of 
     the Ballast Water Management Demonstration Program by the 
     Environmental Protection Agency as a part of its 
     Environmental Testing & Verification Program, or by the 
     Secretary as part of the Coast Guard's Shipboard Technology 
     Evaluation Program.
       ``(C) Laboratories.--The Secretary and the Administrator 
     shall utilize Federal or non-Federal laboratories that meet 
     standards established by the Secretary for the purpose of 
     evaluating and certifying ballast water treatment 
     technologies and equipment under this subsection.
       ``(D) Requirements; updates.--The Secretary and the 
     Administrator shall periodically review and, if necessary, 
     revise the criteria, protocols, and procedures developed 
     under this paragraph.
       ``(12) Program to support the promulgation and 
     implementation of standards.--
       ``(A) In general.--The Secretary and the Administrator, in 
     coordination with the Under Secretary, the Task Force and 
     other

[[Page H2698]]

     appropriate Federal agencies, shall carry out a coordinated 
     program to support the promulgation and implementation of 
     standards under this subsection to prevent the introduction 
     and spread of aquatic invasive species by vessels. The 
     program established under this section shall, at a minimum--
       ``(i) characterize physical, chemical, and biological 
     harbor conditions relevant to ballast discharge into United 
     States waters to inform the design and implementation of ship 
     vector control technologies and practices;
       ``(ii) develop testing protocols for determining the 
     effectiveness of vessel vector monitoring and control 
     technologies and practices;
       ``(iii) demonstrate methods for mitigating the spread of 
     invasive species by coastal voyages, including exploring the 
     effectiveness of alternative exchange zones in the near 
     coastal areas and other methods proposed to reduce transfers 
     of organisms;
       ``(iv) verify the practical effectiveness of any process 
     for approving a type of alternative ballast water management 
     as meeting standards established under this subsection, to 
     ensure that the process produces repeatable and accurate 
     assessments of treatment effectiveness; and
       ``(v) evaluate the effectiveness and residual risk and 
     environmental impacts associated with any standard set with 
     respect to the vessel pathways.
       ``(B) Authorization of appropriations.--In addition to 
     other amounts authorized by this title, to carry out this 
     paragraph there are authorized to be appropriated $1,500,000 
     to the Secretary and $1,500,000 to the Under Secretary for 
     each of fiscal years 2008 through 2012.
       ``(g) Warnings Concerning Ballast Water Uptake.--
       ``(1) In general.--The Secretary shall notify vessel owners 
     and operators of any area in waters subject to the 
     jurisdiction of the United States in which vessels may not 
     uptake ballast water due to known conditions.
       ``(2) Contents.--The notice shall include--
       ``(A) the coordinates of the area; and
       ``(B) if possible, the location of alternative areas for 
     the uptake of ballast water.
       ``(h) Sediment Management.--
       ``(1) In general.--The operator of a vessel to which this 
     section applies may not remove or dispose of sediment from 
     spaces designed to carry ballast water, except--
       ``(A) in accordance with this subsection and the ballast 
     water management plan approved under subsection (c); and
       ``(B)(i) more than 200 nautical miles from the nearest 
     point of land; or
       ``(ii) into a reception facility that meets the 
     requirements of paragraph (3).
       ``(2) Design requirements.--
       ``(A) New vessels.--After December 31, 2008, a vessel to 
     which this section applies may not be operated on waters 
     subject to the jurisdiction of the United States, unless that 
     vessel is designed and constructed in accordance with 
     regulations issued under subparagraph (C) and in a manner 
     that--
       ``(i) minimizes the uptake and entrapment of sediment;
       ``(ii) facilitates removal of sediment; and
       ``(iii) provides for safe access for sediment removal and 
     sampling.
       ``(B) Existing vessels.--A vessel to which this section 
     applies that was constructed before January 1, 2009, shall be 
     modified, to the extent practicable, at the first drydocking 
     of the vessel after December 31 2008, but not later than 
     December 31, 2013, to achieve the objectives described in 
     subparagraph (A).
       ``(C) Regulations.--The Secretary shall issue regulations 
     establishing design and construction standards to achieve the 
     objectives of subparagraph (A) and providing guidance for 
     modifications and practices under subparagraph (B). The 
     Secretary shall incorporate the standards and guidance in the 
     regulations governing the ballast water management plan 
     approved under subsection (c).
       ``(3) Sediment reception facilities.--
       ``(A) Standards.--The Secretary, in consultation with the 
     heads of other appropriate Federal agencies as determined by 
     the Secretary, shall issue regulations governing facilities 
     for the reception of vessel sediment from spaces designed to 
     carry ballast water that provide for the disposal of such 
     sediment in a way that does not impair or damage the 
     environment, human health, or property or resources of the 
     disposal area.
       ``(B) Designation.--The Secretary, in consultation with the 
     heads of other appropriate Federal agencies as determined by 
     the Secretary shall designate facilities for the reception of 
     vessel sediment that meet the requirements of the regulations 
     issued under subparagraph (A) at ports and terminals where 
     ballast tanks are cleaned or repaired.
       ``(i) Examinations and Certifications.--
       ``(1) Initial examination.--
       ``(A) In general.--The Secretary shall examine vessels to 
     which this section applies to determine whether--
       ``(i) there is a ballast water management plan for the 
     vessel that is approved by the Secretary and a ballast water 
     record book on the vessel that meets the requirements of 
     subsection (d);
       ``(ii) the equipment used for ballast water and sediment 
     management in accordance with the requirements of this 
     section and the regulations issued under this section is 
     installed and functioning properly.
       ``(B) New vessels.--For vessels constructed on or after 
     January 1, 2009, the Secretary shall conduct the examination 
     required by subparagraph (A) before the vessel is placed in 
     service.
       ``(C) Existing vessels.--For vessels constructed before 
     January 1, 2009, the Secretary shall--
       ``(i) conduct the examination required by subparagraph (A) 
     before the date on which subsection (f)(1) applies to the 
     vessel according to the schedule in subsection (f)(3); and
       ``(ii) inspect the vessel's ballast water record book 
     required by subsection (d).
       ``(D) Foreign vessel.--In the case of a foreign vessel, the 
     Secretary shall perform the examination required by this 
     paragraph the first time the vessel enters a United States 
     port.
       ``(2) Subsequent examinations.--In addition to the 
     examination required by paragraph (1), the Secretary shall 
     annually examine vessels to which this section applies, to 
     ensure compliance with the requirements of this section and 
     the regulations issued under this section.
       ``(3) Inspection authority.--
       ``(A) In general.--The Secretary may carry out inspections 
     of any vessel to which this section applies at any time, 
     including the taking of ballast water samples, to ensure 
     compliance with this section. The Secretary shall use all 
     appropriate and practical measures of detection and 
     environmental monitoring such vessels and shall establish 
     adequate procedures for reporting violations of this section 
     and accumulating evidence regarding such violations.
       ``(B) Investigations.--
       ``(i) In general.--Upon receipt of evidence that a 
     violation of this section or a regulation issued under this 
     section has occurred, the Secretary shall cause the matter to 
     be investigated.
       ``(ii) Issuance of subpoenas.--In an investigation under 
     this subparagraph, the Secretary may issue subpoenas to 
     require the attendance of any witness and the production of 
     documents and other evidence.
       ``(iii) Compelling compliance with subpoenas.--In case of 
     refusal to obey a subpoena issued under this subparagraph, 
     the Secretary may request the Attorney General to invoke the 
     aid of the appropriate district court of the United States to 
     compel compliance.
       ``(4) State programs.--
       ``(A) Submission to secretary.--At any time after the date 
     of issuance of ballast water treatment regulations issued 
     under this section, the Governor of each State desiring to 
     administer its own inspection and enforcement authority for 
     ballast water discharges within its jurisdiction may submit 
     to the Secretary a complete description of the program the 
     Governor proposes to establish and administer under State 
     law. In addition, the Governor shall submit a statement from 
     the attorney general that the laws of such State provide 
     adequate authority to carry out the described program.
       ``(B) Approval.--The Secretary shall approve a program 
     submitted under subparagraph (A), unless the Secretary 
     determines that adequate resources do not exist or, in the 
     case of ballast water testing, that adequate scientific 
     expertise does not exist--
       ``(i) to inspect, monitor, and board any vessel to which 
     this section applies at any time, including the taking and 
     testing of ballast water samples, to ensure the vessel's 
     compliance with this section;
       ``(ii) to ensure that any ballast water discharged within 
     the waters subject to the jurisdiction of the State meet the 
     ballast water requirements of this section and the 
     regulations issued under this section, including any 
     revisions to such requirements and regulations;
       ``(iii) to establish adequate procedures for reporting 
     violations of this section;
       ``(iv) to investigate and abate violations of this section, 
     including civil and criminal penalties and other ways and 
     means of enforcement; and
       ``(v) to ensure that the Secretary receives notice of each 
     violation of the ballast water treatment requirements issued 
     under this section in an expeditious manner.
       ``(C) Compliance.--Any State program approved under this 
     paragraph shall at all times be conducted in accordance with 
     this section and regulations issued under this section.
       ``(D) Withdrawal of approval.--Whenever the Secretary 
     determines, after public hearing, that a State is not 
     administering a program approved under this paragraph in 
     accordance with this section and regulations issued under 
     this section, the Secretary shall notify the State and, if 
     appropriate corrective action is not taken within a 
     reasonable period of time not to exceed 90 days, the 
     Secretary shall withdraw approval of the program. The 
     Secretary shall not withdraw approval of any program unless 
     the Secretary shall first have notified the State, and made 
     public, in writing, the reasons for such withdrawal.
       ``(E) Limitation on statutory construction.--Nothing in 
     this paragraph shall limit the authority of the Secretary 
     carry out inspections and investigations of any vessels under 
     paragraph (3).
       ``(5) Required certificate.--If, on the basis of an initial 
     examination under paragraph (1), the Secretary finds that a 
     vessel complies with the requirements of this section and the 
     regulations issued under this section, the Secretary shall 
     issue a certificate under this paragraph as evidence of such 
     compliance. The certificate shall be valid for a period of 
     not more than 5 years, as specified by the Secretary. The 
     certificate or a true copy shall be maintained on board the 
     vessel.

[[Page H2699]]

       ``(6) Notification of violations.--If the Secretary finds, 
     on the basis of an examination under paragraph (1) or (2), 
     investigation under paragraph (3), or any other information, 
     that a vessel is being operated in violation of any 
     requirement of this section or regulation issued under this 
     section, the Secretary shall--
       ``(A) notify, in writing--
       ``(i) the master of the vessel; and
       ``(ii) the captain of the port at the vessel's next port of 
     call;
       ``(B) remove from the vessel the certificate issued under 
     paragraph (5);
       ``(C) take such other action as may be appropriate.
       ``(7) Compliance monitoring.--
       ``(A) In general.--The Secretary shall establish, by 
     regulation, sampling and other procedures to monitor 
     compliance with the requirements of this section and the 
     regulations issued under this section.
       ``(B) Use of markers.--The Secretary may verify compliance 
     with the discharge requirements of subsection (f) and the 
     regulations issued under this section with respect to such 
     requirements through identification of markers associated 
     with a treatment technology's effectiveness, such as the 
     presence of indicators associated with a certified treatment 
     technology.
       ``(8) Education and technical assistance programs.--The 
     Secretary may carry out education and technical assistance 
     programs and other measures to promote compliance with the 
     requirements of this section and the regulations issued under 
     this section.
       ``(9) Report.--Beginning 1 year after final regulations 
     have been adopted pursuant to this section after the 
     enactment of the Ballast Water Treatment Act of 2008, and 
     annually thereafter, the Secretary shall prepare a report 
     summarizing the results of ballast water inspection and 
     enforcement activities. The report shall, at a minimum, 
     include information on the number of vessels inspected and 
     the type of inspections, the status of implementation of 
     treatment technologies, the number of exemptions claimed from 
     ballast water exchange requirements, the number of 
     violations, a summary of enforcement and regulatory actions, 
     and overall compliance statistics. The report shall be made 
     available on the National Ballast Information Clearinghouse 
     established under section 1102(f).
       ``(j) Detention of Vessels.--The Secretary, by notice to 
     the owner, charterer, managing operator, agent, master, or 
     other individual in charge of a vessel, may detain that 
     vessel if the Secretary has reasonable cause to believe 
     that--
       ``(1) the vessel is a vessel to which this section applies; 
     and
       ``(2) the vessel does not comply with any requirement of 
     this section or regulation issued under this section or is 
     being operated in violation of such a requirement or 
     regulation.
       ``(k) Sanctions.--
       ``(1) Civil penalties.--Any person who violates this 
     section (including a regulation issued under this section) 
     shall be liable for a civil penalty in an amount not to 
     exceed $32,500. Each day of a continuing violation 
     constitutes a separate violation. A vessel operated in 
     violation of this section (including a regulation issued 
     under this section) is liable in rem for any civil penalty 
     assessed under this subsection for that violation.
       ``(2) Criminal penalties.--Whoever knowingly violates this 
     section (including a regulation issued under this section) 
     shall be fined under title 18, United States, or imprisoned 
     not more than 12 years, or both.
       ``(3) Revocation of clearance.--Except as provided in 
     subsection (j)(2), upon request of the Secretary, the 
     Secretary of the Treasury shall withhold or revoke the 
     clearance of a vessel required by section 60105 of title 46, 
     United States Code, if the owner or operator of that vessel 
     is in violation of this section or a regulation issued under 
     this section.
       ``(l) Enforcement.--
       ``(1) Administrative actions.--If the Secretary finds, 
     after notice and an opportunity for a hearing, that a person 
     has violated this section or a regulation issued under this 
     section, the Secretary may assess a civil penalty for that 
     violation. In determining the amount of the civil penalty, 
     the Secretary shall take into account the nature, 
     circumstances, extent, and gravity of the prohibited acts 
     committed and, with respect to the violator, the degree of 
     culpability, any history of prior violations, and such other 
     matters as justice may require.
       ``(2) Civil actions.--At the request of the Secretary, the 
     Attorney General may bring a civil action in an appropriate 
     district court of the United States to enforce this section 
     or any regulation issued under this section. Any court before 
     which such an action is brought may award appropriate relief, 
     including temporary or permanent injunctions and civil 
     penalties.
       ``(m) Consultation With Canada, Mexico, and Other Foreign 
     Governments.--In developing the guidelines and regulations to 
     be issued under this section, the Secretary is encouraged to 
     consult with the Government of Canada, the Government of 
     Mexico and any other government of a foreign country that the 
     Secretary, after consultation with the Task Force, determines 
     to be necessary to develop and implement an effective 
     international program for preventing the unintentional 
     introduction and spread of aquatic nuisance species through 
     ballast water.
       ``(n) International Cooperation.--The Secretary, in 
     cooperation with the Under Secretary, the Secretary of State, 
     the Administrator, the heads of other relevant Federal 
     agencies, the International Maritime Organization of the 
     United Nations, and the Commission on Environmental 
     Cooperation established pursuant to the North American Free 
     Trade Agreement, is encouraged to enter into negotiations 
     with the governments of foreign countries to develop and 
     implement an effective international program for preventing 
     the unintentional introduction and spread of aquatic invasive 
     species. The Secretary is particularly encouraged to seek 
     bilateral or multilateral agreements with Canada, Mexico, and 
     other nations in the Wider Caribbean Region (as defined in 
     the Convention for the Protection and Development of the 
     Marine Environment of the Wider Caribbean, signed at 
     Cartagena on March 24, 1983 (TIAF 11085), to carry out the 
     objectives of this section.
       ``(o) Nondiscrimination.--The Secretary shall ensure that 
     foreign vessels do not receive more favorable treatment than 
     vessels of the United States when the Secretary performs 
     studies, reviews compliance, determines effectiveness, 
     establishes requirements, or performs any other 
     responsibilities under this Act.
       ``(p) Consultation With Task Force.--The Secretary shall 
     consult with the Task Force in carrying out this section.
       ``(q) Preemption.--
       ``(1) In general.--Except as provided in subsection (i)(4) 
     and paragraph (4) of this subsection but notwithstanding any 
     other provision of law, the provisions of subsections (e) and 
     (f) supersede any provision of State or local law that is 
     inconsistent with the requirements of those subsections or 
     that conflicts with the requirements of those subsections.
       ``(2) Greater penalties or fees.--For purpose of paragraph 
     (1), the imposition by State or local law of greater 
     penalties or fees for acts or omissions that are violations 
     of such law and also violations of this Act or the imposition 
     by a State of incentives under subsection (f)(9)(B) shall not 
     be considered to be inconsistent, or to conflict, with the 
     requirements of subsections (e) and (f).
       ``(3) Reception facilities.--The standards issued by the 
     Secretary or the heads of other appropriate Federal agencies 
     under subsection (f)(2) do not supersede any more stringent 
     standard under any otherwise applicable Federal, State, or 
     local law.
       ``(4) Limitation on application.--Until January 1, 2012, 
     this subsection does not apply to a State law requiring 
     ballast water treatment and any regulations prescribed under 
     that law as those laws and regulations were in effect on 
     January 1, 2007.
       ``(r) Legal Actions.--
       ``(1) Civil action.--Any person may petition the Secretary 
     to bring a civil action in an appropriate district court of 
     the United States to enforce this section, or any regulation 
     promulgated hereunder. Within 90 days after receiving such a 
     petition, the Secretary shall--
       ``(A) respond to the person filing the petition with a 
     determination of whether a violation of this section, or any 
     regulation promulgated hereunder, has occurred or is 
     occurring; and
       ``(B) if the Secretary determines that a violation of this 
     section, or any regulation promulgated hereunder, has 
     occurred or is occurring--
       ``(i) immediately bring a civil action in an appropriate 
     district court of the United States to enforce this section, 
     or any regulation promulgated hereunder; or
       ``(ii) demonstrate that the violation has ceased.
       ``(2) Relief.--Any court before which such an action is 
     brought may award appropriate relief, including temporary or 
     permanent injunctive relief and civil penalties.
       ``(s) Coast Guard Report on Other Sources of Vessel-Bourne 
     Nuisance Species.--
       ``(1) In general.--
       ``(A) Hull-fouling and other vessel sources.--Not later 
     than 180 days after the date of enactment of the Ballast 
     Water Treatment Act of 2008, the Secretary shall transmit a 
     report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives on vessel-related pathways of harmful aquatic 
     organisms and pathogens other than ballast water and 
     sediment, including vessel hulls and equipment, and from 
     vessels equipped with ballast tanks that carry no ballast 
     water on board.
       ``(B) Best practices.--
       ``(i) In general.--As soon as practicable, the Secretary 
     shall develop best practices standards and procedures 
     designed to reduce the introduction and spread of invasive 
     species into and within the United States from vessels and 
     establish a timeframe for implementation of those standards 
     and procedures by vessels. Such standards and procedures 
     shall include designation of geographical locations for 
     uptake and discharge of untreated ballast water, as well as 
     standards and procedure for other vessel pathways of aquatic 
     invasive species.
       ``(ii) Report.--The Secretary shall transmit a report to 
     the committees referred to in subparagraph (A) describing the 
     standards and procedures developed under this subparagraph 
     and the implementation timeframe, together with such 
     recommendations as the Secretary determines appropriate.
       ``(iii) Regulations.--The Secretary may issue regulations 
     to incorporate and enforce standards and procedures developed 
     under this paragraph.

[[Page H2700]]

       ``(2) Transiting vessels.--Not later than 180 days after 
     the date of enactment of the Ballast Water Treatment Act of 
     2008, the Secretary shall transmit a report to the Committee 
     on Commerce, Science, and Transportation of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives containing--
       ``(A) an assessment of the magnitude and potential adverse 
     impacts of ballast water operations from foreign vessels 
     designed, adapted, or constructed to carry ballast water that 
     are transiting waters subject to the jurisdiction of the 
     United States; and
       ``(B) recommendations, including legislative 
     recommendations if appropriate, of options for addressing 
     ballast water operations of those vessels.''.
       (b) Definitions.--Section 1003 of the Nonindigenous Aquatic 
     Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702) 
     is amended--
       (1) by redesignating--
       (A) paragraphs (1), (2), and (3) as paragraphs (2), (3), 
     and (4), respectively;
       (B) paragraphs (4), (5), and (6) as paragraphs (8), (9), 
     and (10), respectively;
       (C) paragraphs (7), (8), (9), and (10) as paragraphs (12), 
     (13), (14), and (15), respectively;
       (D) paragraphs (11) and (12) as paragraphs (17) and (18), 
     respectively;
       (E) paragraphs (13), (14), and (15) as paragraphs (20), 
     (21), and (22), respectively;
       (F) paragraph (16) as paragraph (27); and
       (G) paragraph (17) as paragraph (23);
       (2) by moving paragraph (23), as so redesignated, after 
     paragraph (22), as so redesignated;
       (3) by inserting before paragraph (2), as so redesignated, 
     the following:
       ``(1) `Administrator' means the Administrator of the 
     Environmental Protection Agency;'';
       (4) by striking paragraph (4), as so redesignated, and 
     inserting the following:
       ``(4) `ballast water' means--
       ``(A) water taken on board a vessel to control trim, list, 
     draught, stability, or stresses of the vessel, including 
     matter suspended in such water; or
       ``(B) any water placed into a ballast tank during cleaning, 
     maintenance, or other operations;'';
       (5) by inserting after paragraph (4), as so redesignated 
     and amended, the following:
       ``(5) `ballast water capacity' means the total volumetric 
     capacity of any tanks, spaces, or compartments on a vessel 
     that is used for carrying, loading, or discharging ballast 
     water, including any multi-use tank, space, or compartment 
     designed to allow carriage of ballast water;
       ``(6) `ballast water management' means mechanical, 
     physical, chemical, and biological processes used, either 
     singularly or in combination, to remove, render harmless, or 
     avoid the uptake or discharge of harmful aquatic organisms 
     and pathogens within ballast water and sediment;
       ``(7) `constructed' means a state of construction of a 
     vessel at which--
       ``(A) the keel is laid;
       ``(B) construction identifiable with the specific vessel 
     begins;
       ``(C) assembly of the vessel has begun comprising at least 
     50 tons or 1 percent of the estimated mass of all structural 
     material of the vessel, whichever is less; or
       ``(D) the vessel undergoes a major conversion;'';
       (6) by inserting after paragraph (10), as so redesignated, 
     the following:
       ``(11) `foreign vessel' has the meaning such term has under 
     section 110 of title 46, United States Code;'';
       (7) by inserting after paragraph (15), as so redesignated, 
     the following:
       ``(16) `major conversion' means a conversion of a vessel, 
     that--
       ``(A) changes its ballast water carrying capacity by at 
     least 15 percent;
       ``(B) changes the vessel class;
       ``(C) is projected to prolong the vessel's life by at least 
     10 years (as determined by the Secretary); or
       ``(D) results in modifications to the vessel's ballast 
     water system, except--
       ``(i) component replacement-in-kind; or
       ``(ii) conversion of a vessel to meet the requirements of 
     section 1101(e);'';
       (8) by inserting after paragraph (18), as so redesignated, 
     the following:
       ``(19) `sediment' means matter that has settled out of 
     ballast water within a vessel;'';
       (9) in paragraph (12), as so redesignated, by striking the 
     period at the end and inserting a semicolon;
       (10) by inserting after paragraph (23), as so redesignated 
     and moved, the following:
       ``(24) `United States port' means a port, river, harbor, or 
     offshore terminal under the jurisdiction of the United 
     States, including ports located in Puerto Rico, Guam, and the 
     United States Virgin Islands;
       ``(25) `vessel of the Armed Forces' means--
       ``(A) any vessel owned or operated by the Department of 
     Defense, other than a time or voyage chartered vessel; and
       ``(B) any vessel owned or operated by the Department of 
     Homeland Security that is designated by the Secretary as a 
     vessel equivalent to a vessel described in subparagraph (A);
       ``(26) `vessel of the United States' has the meaning such 
     term has under section 116 of title 46, United States 
     Code;''; and
       (11) in paragraph (23), as so redesignated, by striking the 
     period at the end and inserting ``;''.
       (c) Repeal of Section 1103.--Section 1103 of the 
     Nonindigenous Aquatic Nuisance Prevention and Control Act of 
     1990 (16 U.S.C. 4713) is repealed.
       (d) Interim Final Rule.--The Secretary shall issue an 
     interim final rule as a temporary regulation implementing the 
     amendments made by this section as soon as practicable after 
     the date of enactment of this section, without regard to the 
     provisions of chapter 5 of title 5, United States Code. All 
     regulations issued under the authority of this subsection 
     that are not earlier superseded by final regulations shall 
     expire not later than one year after the date of enactment of 
     this Act.

     SEC. 504. NATIONAL BALLAST WATER MANAGEMENT INFORMATION.

       Section 1102 (16 U.S.C. 4712) is amended--
       (1) by adding at the end the following:
       ``(g) Ballast Water Surveys.--
       ``(1) In general.--The Secretary shall conduct the 
     following ballast water surveys:
       ``(A) A survey of the number of living organisms in 
     untreated ballast water of a representative number of 
     vessels, as determined by the Secretary.
       ``(B) A survey of the number of living organisms in the 
     ballast water of a representative number of vessels, as 
     determined by the Secretary, that has been exchanged on the 
     high seas.
       ``(C) Surveys of the number of living organisms in the 
     ballast water of vessels that are participating in a program 
     to test and evaluate promising ballast water treatment, as 
     approved by the Secretary.
       ``(2) Reports.--The Secretary shall submit to the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate--
       ``(A) a report on the results of the surveys under 
     subparagraphs (A) and (B) of paragraph (1) by not later than 
     18 months after the date of enactment of the Ballast Water 
     Treatment Act of 2008; and
       ``(B) a report on the results of the surveys required under 
     subparagraph (C) of paragraph (1) upon completion of each 
     demonstration concerned.'';
       (2) in subsection (b)(1)(B)(ii), by striking ``guidelines 
     issued and'';
       (3) in subsection (b)(2)(B)(ii), by striking ``voluntary 
     guidelines issued, and regulations promulgated,'' and 
     inserting ``regulations promulgated'';
       (4) in subsection (c)(1), by striking ``section 1101(b)'' 
     and inserting ``section 1101(a)''; and
       (5) in subsection (f)(1)(B), by striking ``guidelines 
     issued pursuant to section 1101(c)'' and inserting 
     ``regulations issued pursuant to section 1101''.

     SEC. 505. BALLAST WATER MANAGEMENT EVALUATION AND 
                   DEMONSTRATION PROGRAM.

       Section 1104 (16 U.S.C. 4714) is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``SEC. 1104. BALLAST WATER TREATMENT TECHNOLOGY EVALUATION 
                   AND DEMONSTRATION PROGRAMS.'';

       (2) by striking subsection (a);
       (3) by redesignating subsection (b) as subsection (a);
       (4) by redesignating subsection (c) as subsection (d);
       (5) in subsection (a), as so redesignated--
       (A) by striking so much as precedes paragraph (2) and 
     inserting the following:
       ``(a) Shipboard Technology Evaluation Program.--
       ``(1) In general.--The Secretary shall establish a 
     Shipboard Technology Evaluation Program to evaluate ballast 
     water treatment technologies aboard vessels to prevent 
     aquatic nuisance species from being introduced into and 
     spread through discharges of ballast water in waters of the 
     United States.''; and
       (B) in paragraph (2) by striking ``of the technologies and 
     practices used in the demonstration program'' and inserting 
     ``of ballast water treatment technologies used in the 
     program'';
       (6) in subsection (a)(3), as so redesignated, by striking 
     ``technologies and practices'' and all that follows through 
     ``shall--'' and inserting ``ballast water treatment 
     technologies on vessels under this subsection, the Secretary 
     shall--'';
       (7) in subsection (a)(3)(A), as so redesignated, by 
     striking clause (i) and redesignating clauses (ii) and (iii) 
     in order as clauses (i) and (ii);
       (8) by amending subsection (a)(3)(A)(i), as so 
     redesignated, to read as follows:
       ``(i) have ballast water systems conducive to testing 
     aboard the vessel; and'';
       (9) by amending subsection (a)(3)(C), as so redesignated, 
     to read as follows:
       ``(C) seek to use a variety of vessel types.'';
       (10) by amending subsection (a)(4), as so redesignated, to 
     read as follows:
       ``(4) Selection of ballast water treatment technologies.--
     In order for a ballast water treatment technology to be 
     eligible to be installed on vessels for evaluation under this 
     section, such technology must be, at a minimum--
       ``(A) determined by the Secretary to have the demonstrated 
     potential to reduce the number of organisms greater than or 
     equal to 50 microns in minimum dimension in discharged 
     ballast water to fewer than 10 living organisms per cubic 
     meter of water;
       ``(B) cost-effective;
       ``(C) environmentally sound;
       ``(D) operationally practical;
       ``(E) able to be retrofitted on existing vessels or 
     incorporated in new vessel design (or both);
       ``(F) safe for a vessel and crew; and

[[Page H2701]]

       ``(G) accessible to monitoring.'';
       (11) in subsection (a), as so redesignated, by adding at 
     the end the following:
       ``(6) Authority of secretary to review and revise 
     criteria.--The Secretary may review and revise the criteria 
     described in paragraph (4)(A) to require ballast water 
     treatment technologies to meet a more stringent ballast water 
     discharge standard, including standards promulgated under 
     section 1101(f), before being eligible for installation 
     aboard vessels under the program.'';
       (12) by inserting after subsection (a), as so redesignated, 
     the following:
       ``(b) Shipboard Technology Demonstration Program.--
       ``(1) In general.--The Under Secretary, with the 
     concurrence of and in cooperation with the Secretary, shall 
     conduct a program to demonstrate ballast water treatment 
     technologies evaluated aboard vessels under subsection (a) to 
     prevent aquatic nuisance species from being introduced into 
     and spread through ballast water in waters of the United 
     States.
       ``(2) Location.--The installation and construction of 
     ballast water treatment technologies used in the 
     demonstration program under this subsection shall be 
     performed in the United States.
       ``(3) Vessel eligibility.--Vessels eligible to participate 
     in the demonstration program under this subsection shall 
     consist only of vessels that have been accepted into and are 
     actively participating in the Shipboard Technology Evaluation 
     Program under subsection (a).
       ``(4) Grants.--
       ``(A) In general.--The Under Secretary shall establish a 
     grant program to provide funding for acquiring, installing, 
     and operating ballast water treatment technologies aboard 
     vessels participating in the program under this subsection.
       ``(B) Matching requirements.--The amount of Federal funds 
     used for any demonstration project under this subsection--
       ``(i) shall not exceed $1,000,000; and
       ``(ii) shall not exceed 50 percent of the total cost of 
     such project.
       ``(c) Alternative Ship Pathway Program.--
       ``(1) In general.--The Under Secretary, with the 
     concurrence of and in cooperation with the Secretary, shall 
     conduct a program to demonstrate and verify technologies and 
     practices to monitor and control the introduction of aquatic 
     invasive species by ship pathways other than the release of 
     ballast water.
       ``(2) Selection of methods.--The Under Secretary may not 
     select technologies and practices for demonstration or 
     verification under paragraph (1) unless such technologies and 
     practices, in the determination of the Under Secretary, in 
     consultation with the Secretary, meet the criteria outlined 
     in subparagraphs (B) through (G) of subsection (a)(4).
       ``(3) Location.--The installation and construction of 
     technologies and practices for demonstration and verification 
     under this subsection shall be performed in the United 
     States.''; and
       (13) in subsection (d), as so redesignated, by striking 
     ``Secretary of the Interior'' each place it appears and 
     inserting ``Secretary, in consultation with the Under 
     Secretary,''.

     SEC. 506. RAPID RESPONSE PLAN.

       Subtitle C of title I of the Nonindigenous Aquatic Nuisance 
     Prevention and Control Act of 1990 (16 U.S.C. 4721 et seq.) 
     is amended by adding at the end the following:

     ``SEC. 1210. RAPID RESPONSE PLAN.

       ``(a) Preparation by President.--The President shall 
     prepare and publish a national rapid response plan for 
     killing, removing, or minimizing the spread of aquatic 
     nuisance species in the waters of the United States in 
     accordance with this section.
       ``(b) Contents.--The national rapid response plan shall 
     provide for efficient, coordinated, and effective action to 
     minimize damage from aquatic nuisance species in the 
     navigable waters of the United States, including killing, 
     containing, and removal of the aquatic nuisance species, and 
     shall include the following:
       ``(1) Assignment of duties and responsibilities among 
     Federal departments and agencies in coordination with State 
     and local agencies and port authorities and private entities.
       ``(2) Identification, procurement, maintenance, and storage 
     of equipment and supplies needed to facilitate the killing, 
     containment, and removal of aquatic nuisance species under 
     this section.
       ``(3) Establishment or designation by the President of 
     Federal aquatic nuisance species response teams, consisting 
     of--
       ``(A) personnel who shall be trained and prepared by the 
     President and shall be available to provide necessary 
     services to carry out the national rapid response plan;
       ``(B) adequate equipment and material needed to facilitate 
     the killing, containment, and removal of aquatic nuisance 
     species under this section; and
       ``(C) a detailed plans to kill, contain, and remove aquatic 
     nuisance species, including measures to protect fisheries and 
     wildlife.
       ``(4) A system of surveillance and notice designed to 
     safeguard against, as well as ensure earliest possible notice 
     of, the introduction of aquatic nuisance species and imminent 
     threats of such introduction to the appropriate State and 
     Federal agencies.
       ``(5) Establishment by the President of a national center 
     to provide coordination and direction for operations in 
     carrying out the plan.
       ``(6) Procedures and techniques to be employed in 
     identifying, containing, killing, and removing aquatic 
     nuisance species in the waters of the United States.
       ``(7) A schedule, prepared by the President in cooperation 
     with the States, identifying--
       ``(A) mitigating devices and substances, if any, that may 
     be used in carrying out the plan;
       ``(B) the waters in which such mitigating devices and 
     substances may be used; and
       ``(C) the quantities of such mitigating device or substance 
     which can be used safely in such waters.
       ``(8) A system whereby the State or States affected by an 
     aquatic nuisance species may act where necessary to remove 
     such species.
       ``(9) Establishment by the President of criteria and 
     procedures to ensure immediate and effective Federal 
     identification of, and response to, an introduction of 
     aquatic nuisance species.
       ``(10) Designation by the President of the Federal official 
     who shall be the Federal on-scene coordinator for measures 
     taken to kill, contain, and remove aquatic nuisance species 
     under this section.
       ``(11) A fish and wildlife response plan for the immediate 
     and effective protection, rescue, and rehabilitation of, and 
     the minimization of risk of damage to, fish and wildlife 
     resources and their habitat that are harmed or that may be 
     jeopardized by an introduction of an aquatic nuisance 
     species.
       ``(c) Federal Removal Authority.--
       ``(1) Removal requirement.--
       ``(A) In general.--The President shall ensure, in 
     accordance with the national rapid response plan, effective 
     and immediate killing, containing, and removal of the aquatic 
     nuisance species in the waters of the United States.
       ``(B) Discretionary authority.--In carrying out this 
     paragraph, the President may--
       ``(i) kill, contain, and remove an aquatic nuisance 
     species, at any time; and
       ``(ii) direct or monitor all Federal, State, and private 
     actions to kill, contain, and remove the aquatic nuisance 
     species.
       ``(2) Actions in accordance with national rapid response 
     plan.--Each Federal agency, State, owner or operator, or 
     other person participating in efforts under this subsection 
     shall act in accordance with the national rapid response plan 
     or as directed by the President to carry out the plan.''.

     SEC. 507. AUTHORIZATION OF APPROPRIATIONS.

       Section 1301(a) of the Nonindigenous Aquatic Nuisance 
     Prevention and Control Act of 1990 (16 U.S.C. 4741(a)) is 
     amended--
       (1) by striking ``and'' after the semicolon in paragraph 
     (4)(B);
       (2) by striking the period at the end of paragraph (5)(B) 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(6) $20,000,000 for each of fiscal years 2008 through 
     2012 to the Secretary to carry out section 1101;
       ``(7) $500,000 to the Secretary for each of fiscal years 
     2008 through 2013 to carry out section 1102(f);
       ``(8) $6,000,000 to the Under Secretary for each of fiscal 
     years 2008 through 2013 to carry out paragraph (4) of section 
     1104(b); and
       ``(9) $1,500,000 to the Under Secretary for each of fiscal 
     years 2008 through 2013 to carry out section 1104(c).''.

                TITLE VI--MARITIME POLLUTION PREVENTION

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Maritime Pollution 
     Prevention Act of 2008''.

     SEC. 602. REFERENCES.

       Wherever in this title an amendment or repeal is expressed 
     in terms of an amendment to or a repeal of a section or other 
     provision, the reference shall be considered to be made to a 
     section or other provision of the Act to Prevent Pollution 
     from Ships (33 U.S.C. 1901 et seq.).

     SEC. 603. DEFINITIONS.

       Section 2(a) (33 U.S.C. 1901(a)) is amended--
       (1) by redesignating the paragraphs (1) through (12) as 
     paragraphs (2) through (13), respectively;
       (2) by inserting before paragraph (2) (as so redesignated) 
     the following:
       ``(1) `Administrator' means the Administrator of the 
     Environmental Protection Agency.'';
       (3) in paragraph (5) (as so redesignated) by striking ``and 
     V'' and inserting ``V, and VI'';
       (4) in paragraph (6) (as so redesignated) by striking `` 
     `discharge' and `garbage' and `harmful substance' and 
     `incident' '' and inserting `` `discharge', `emission', 
     `garbage', `harmful substance', and `incident' ''; and
       (5) by redesignating paragraphs (7) through (13) (as 
     redesignated) as paragraphs (8) through (14), respectively, 
     and inserting after paragraph (6) (as redesignated) the 
     following:
       ``(7) `navigable waters' includes the territorial sea of 
     the United States (as defined in Presidential Proclamation 
     5928 of December 27, 1988) and the internal waters of the 
     United States;''.

     SEC. 604. APPLICABILITY.

       Section 3 (33 U.S.C. 1902) is amended--
       (1) in subsection (a)--
       (A) by striking ``and'' at the end of paragraph (3);
       (B) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (C) by adding at the end the following:

[[Page H2702]]

       ``(5) with respect to Annex VI to the Convention, and other 
     than with respect to a ship referred to in paragraph (1)--
       ``(A) to a ship that is in a port, shipyard, offshore 
     terminal, or the internal waters of the United States;
       ``(B) to a ship that is bound for, or departing from, a 
     port, shipyard, offshore terminal, or the internal waters of 
     the United States, and is in--
       ``(i) the navigable waters of the United States;
       ``(ii) an emission control area designated pursuant to 
     section 4; or
       ``(iii) any other area that the Administrator, in 
     consultation with the Secretary and each State in which any 
     part of the area is located, has designated by order as being 
     an area from which emissions from ships are of concern with 
     respect to protection of public health, welfare, or the 
     environment;
       ``(C) to a ship that is entitled to fly the flag of, or 
     operating under the authority of, a party to Annex VI, and is 
     in--
       ``(i) the navigable waters of the United States;
       ``(ii) an emission control area designated under section 4; 
     or
       ``(iii) any other area that the Administrator, in 
     consultation with the Secretary and each State in which any 
     part of the area is located, has designated by order as being 
     an area from which emissions from ships are of concern with 
     respect to protection of public health, welfare, or the 
     environment; and
       ``(D) to the extent consistent with international law, to 
     any other ship that is in--
       ``(i) the exclusive economic zone of the United States;
       ``(ii) the navigable waters of the United States;
       ``(iii) an emission control area designated under section 
     4; or
       ``(iv) any other area that the Administrator, in 
     consultation with the Secretary and each State in which any 
     part of the area is located, has designated by order as being 
     an area from which emissions from ships are of concern with 
     respect to protection of public health, welfare, or the 
     environment.'';
       (2) in subsection (b)--
       (A) in paragraph (1) by striking ``paragraph (2)'' and 
     inserting ``paragraphs (2) and (3)''; and
       (B) by adding at the end the following:
       ``(3) With respect to Annex VI the Administrator, or the 
     Secretary, as relevant to their authorities pursuant to this 
     Act, may determine that some or all of the requirements under 
     this Act shall apply to one or more classes of public 
     vessels, except that such a determination by the 
     Administrator shall have no effect unless the head of the 
     Department or agency under which the vessels operate concurs 
     in the determination. This paragraph does not apply during 
     time of war or during a declared national emergency.'';
       (3) by redesignating subsections (c) through (g) as 
     subsections (d) through (h), respectively, and inserting 
     after subsection (b) the following:
       ``(c) Application to Other Persons.--This Act shall apply 
     to all persons to the extent necessary to ensure compliance 
     with Annex VI to the Convention.''; and
       (4) in subsection (e), as redesignated--
       (A) by inserting ``or the Administrator, consistent with 
     section 4 of this Act,'' after ``Secretary'';
       (B) by striking ``of section (3)'' and inserting ``of this 
     section''; and
       (C) by striking ``Protocol, including regulations 
     conforming to and giving effect to the requirements of Annex 
     V'' and inserting ``Protocol (or the applicable Annex), 
     including regulations conforming to and giving effect to the 
     requirements of Annex V and Annex VI''.

     SEC. 605. ADMINISTRATION AND ENFORCEMENT.

       Section 4 (33 U.S.C. 1903) is amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively, and inserting after subsection (a) 
     the following:
       ``(b) Duty of the Administrator.--In addition to other 
     duties specified in this Act, the Administrator and the 
     Secretary, respectively, shall have the following duties and 
     authorities:
       ``(1) The Administrator shall, and no other person may, 
     issue Engine International Air Pollution Prevention 
     certificates in accordance with Annex VI and the 
     International Maritime Organization's Technical Code on 
     Control of Emissions of Nitrogen Oxides from Marine Diesel 
     Engines, on behalf of the United States for a vessel of the 
     United States as that term is defined in section 116 of title 
     46, United States Code. The issuance of Engine International 
     Air Pollution Prevention certificates shall be consistent 
     with any applicable requirements of the Clean Air Act or 
     regulations prescribed under that Act.
       ``(2) The Administrator shall have authority to administer 
     regulations 12, 13, 14, 15, 16, 17, 18, and 19 of Annex VI to 
     the Convention.
       ``(3) The Administrator shall, only as specified in section 
     8(f), have authority to enforce Annex VI of the 
     Convention.'';
       (2) in subsection (c), as redesignated, by redesignating 
     paragraph (2) as paragraph (4), and inserting after paragraph 
     (1) the following:
       ``(2) In addition to the authority the Secretary has to 
     prescribe regulations under this Act, the Administrator shall 
     also prescribe any necessary or desired regulations to carry 
     out the provisions of regulations 12, 13, 14, 15, 16, 17, 18, 
     and 19 of Annex VI to the Convention.
       ``(3) In prescribing any regulations under this section, 
     the Secretary and the Administrator shall consult with each 
     other, and with respect to regulation 19, with the Secretary 
     of the Interior.''; and
       (3) by adding at the end of subsection (c), as 
     redesignated, the following:
       ``(5) No standard issued by any person or Federal 
     authority, with respect to emissions from tank vessels 
     subject to regulation 15 of Annex VI to the Convention, shall 
     be effective until 6 months after the required notification 
     to the International Maritime Organization by the 
     Secretary.''.

     SEC. 606. CERTIFICATES.

       Section 5 (33 U.S.C. 1904) is amended--
       (1) in subsection (a) by striking ``The Secretary'' and 
     inserting ``Except as provided in section 4(b)(1), the 
     Secretary'';
       (2) in subsection (b) by striking ``Secretary under the 
     authority of the MARPOL protocol.'' and inserting ``Secretary 
     or the Administrator under the authority of this Act.''; and
       (3) in subsection (e) by striking ``environment.'' and 
     inserting ``environment or the public health and welfare.''.

     SEC. 607. RECEPTION FACILITIES.

       Section 6 (33 U.S.C. 1905) is amended--
       (1) in subsection (a) by adding at the end the following:
       ``(3) The Secretary and the Administrator, after consulting 
     with appropriate Federal agencies, shall jointly prescribe 
     regulations setting criteria for determining the adequacy of 
     reception facilities for receiving ozone depleting 
     substances, equipment containing such substances, and exhaust 
     gas cleaning residues at a port or terminal, and stating any 
     additional measures and requirements as are appropriate to 
     ensure such adequacy. Persons in charge of ports and 
     terminals shall provide reception facilities, or ensure that 
     reception facilities are available, in accordance with those 
     regulations. The Secretary and the Administrator may jointly 
     prescribe regulations to certify, and may issue certificates 
     to the effect, that a port's or terminal's facilities for 
     receiving ozone depleting substances, equipment containing 
     such substances, and exhaust gas cleaning residues from ships 
     are adequate.'';
       (2) in subsection (b) by inserting ``or the Administrator'' 
     after ``Secretary'';
       (3) in subsection (e) by striking paragraph (2) and 
     inserting the following:
       ``(2) The Secretary may deny the entry of a ship to a port 
     or terminal required by the MARPOL Protocol, this Act, or 
     regulations prescribed under this section relating to the 
     provision of adequate reception facilities for garbage, ozone 
     depleting substances, equipment containing those substances, 
     or exhaust gas cleaning residues, if the port or terminal is 
     not in compliance with the MARPOL Protocol, this Act, or 
     those regulations.'';
       (4) in subsection (f)(1) by striking ``Secretary is'' and 
     inserting ``Secretary and the Administrator are''; and
       (5) in subsection (f)(2) by striking ``(A)''.

     SEC. 608. INSPECTIONS.

       Section 8(f) (33 U.S.C. 1907(f)) is amended to read as 
     follows:
       ``(f)(1) The Secretary may inspect a ship to which this Act 
     applies as provided under section 3(a)(5), to verify whether 
     the ship is in compliance with Annex VI to the Convention and 
     this Act.
       ``(2) If an inspection under this subsection or any other 
     information indicates that a violation has occurred, the 
     Secretary, or the Administrator in a matter referred by the 
     Secretary, may undertake enforcement action under this 
     section.
       ``(3) Notwithstanding subsection (b) and paragraph (2) of 
     this subsection, the Administrator shall have all of the 
     authorities of the Secretary, as specified in subsection (b) 
     of this section, for the purposes of enforcing regulations 17 
     and 18 of Annex VI to the Convention to the extent that 
     shoreside violations are the subject of the action and in any 
     other matter referred to the Administrator by the 
     Secretary.''.

     SEC. 609. AMENDMENTS TO THE PROTOCOL.

       Section 10(b) (33 U.S.C. 1909(b)) is amended by inserting 
     ``or the Administrator as provided for in this Act,'' after 
     ``Secretary,''.

     SEC. 610. PENALTIES.

       Section 9 (33 U.S.C. 1908) is amended--
       (1) by striking ``Protocol,,'' each place it appears and 
     inserting ``Protocol,'';
       (2) in subsection (b)--
       (A) by inserting ``, or the Administrator as provided for 
     in this Act'' after ``Secretary'' the first place it appears;
       (B) in paragraph (2), by inserting ``, or the Administrator 
     as provided for in this Act,'' after ``Secretary''; and
       (C) in the matter after paragraph (2)--
       (i) by inserting ``, or the Administrator as provided for 
     in this Act'' after ``Secretary'' the first place it appears; 
     and
       (ii) by inserting ``, or the Administrator as provided for 
     in this Act,'' after ``Secretary'' the second and third 
     places it appears;
       (3) in subsection (c), by inserting ``, or the 
     Administrator as provided for in this Act,'' after 
     ``Secretary'' each place it appears; and
       (4) in subsection (f), by inserting ``, or the 
     Administrator as provided for in this Act'' after 
     ``Secretary'' the first place appears.

     SEC. 611. EFFECT ON OTHER LAWS.

       Section 15 (33 U.S.C. 1911) is amended to read as follows:

     ``SEC. 15. EFFECT ON OTHER LAWS.

       ``Authorities, requirements, and remedies of this Act 
     supplement and neither amend nor repeal any other 
     authorities, requirements, or remedies conferred by any other 
     provision of law. Nothing in this Act shall

[[Page H2703]]

     limit, deny, amend, modify, or repeal any other authority, 
     requirement, or remedy available to the United States or any 
     other person, except as expressly provided in this Act.''.

                        TITLE VII--PORT SECURITY

     SEC. 701. MARITIME HOMELAND SECURITY PUBLIC AWARENESS 
                   PROGRAM.

       The Secretary of Homeland Security shall establish a 
     program to help prevent acts of terrorism and other 
     activities that jeopardize maritime homeland security, by 
     seeking the cooperation of the commercial and recreational 
     boating industries and the public to improve awareness of 
     activity in the maritime domain and report suspicious or 
     unusual activity.

     SEC. 702. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL.

       (a) Assessment of TWIC Program Implementation.--
       (1) In general.--Not later than 120 days after implementing 
     the Transportation Worker Identification Credential program 
     (in this section referred to as ``TWIC'') at the ten ports 
     designated top priority by the Secretary of Homeland 
     Security, as required by section 70105(i)(2)(A) of title 46, 
     United States Code, the Secretary shall submit to the 
     Committee on Homeland Security of the House of 
     Representatives, the Committee on Commerce, Science, and 
     Transportation of the Senate, and the Committee on Homeland 
     Security and Governmental Affairs of the Senate and to the 
     Comptroller General of the United States a report containing 
     an assessment of the progress of the program's 
     implementation. The report shall include--
       (A) the number of workers enrolled in the program to date 
     and the extent to which key metrics and contract requirements 
     have been met; and
       (B) an overview of the challenges encountered during 
     implementation of the enrollment process, and plans for how 
     these challenges will be addressed as the program is 
     implemented at additional ports.
       (2) GAO assessment.--The Comptroller General shall review 
     the report and submit to the Committee on Homeland Security 
     of the House of Representatives, the Committee on Commerce, 
     Science, and Transportation of the Senate, and the Committee 
     on Homeland Security and Governmental Affairs of the Senate 
     an assessment of the report's findings and recommendations.
       (b) Assessment of TWIC Pilot.--
       (1) In general.--Not later than 120 days after completing 
     the pilot program under section 70105(k)(1) of title 46, 
     United States Code, to test TWIC access control technologies 
     at port facilities and vessels nationwide, the Secretary of 
     Homeland Security shall submit to the Committee on Homeland 
     Security of the House of Representatives, the Committee on 
     Commerce, Science, and Transportation of the Senate, and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and to the Comptroller General a report containing 
     an assessment of the results of the pilot. The report shall 
     include--
       (A) the findings of the pilot program with respect to key 
     technical and operational aspects of implementing TWIC 
     technologies in the maritime sector;
       (B) a comprehensive listing of the extent to which 
     established metrics were achieved during the pilot program; 
     and
       (C) an analysis of the viability of those technologies for 
     use in the maritime environment, including any challenges to 
     implementing those technologies and strategies for mitigating 
     identified challenges.
       (2) GAO assessment.--The Comptroller General shall review 
     the report and submit to the Committee on Homeland Security 
     of the House of Representatives, the Committee on Commerce, 
     Science, and Transportation of the Senate, and the Committee 
     on Homeland Security and Governmental Affairs of the Senate 
     an assessment of the report's findings and recommendations.

     SEC. 703. STUDY TO IDENTIFY REDUNDANT BACKGROUND RECORDS 
                   CHECKS.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study comparing those background records 
     checks required under section 70105 of title 46, United 
     States Code, and those conducted by States for similar 
     homeland security purposes.
       (b) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall submit a report to the Committee on Homeland 
     Security of the House of Representatives, the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives, the Committee on Commerce, Science, and 
     Transportation of the Senate, and the Committee on Homeland 
     Security and Governmental Affairs of the Senate on the 
     results of the study, including--
       (1) an identification of redundancies and inefficiencies in 
     connection with such checks referred to in subsection (a); 
     and
       (2) recommendations for eliminating such redundancies and 
     inefficiencies.

     SEC. 704. REVIEW OF INTERAGENCY OPERATIONAL CENTERS.

       (a) In General.--Within 180 days of enactment of this Act, 
     the Department of Homeland Security Inspector General shall 
     provide a report to the Committee on Homeland Security of the 
     House of Representatives and the Committees on Homeland 
     Security and Governmental Affairs and Commerce, Science, and 
     Transportation of the Senate concerning the establishment of 
     Interagency Operational Centers for Port Security required by 
     section 108 of the SAFE Port Act (Public Law 109-347).
       (b) Report.--The report shall include--
       (1) an examination of the Department's efforts to establish 
     the Interagency Operational Centers;
       (2) a timeline for construction;
       (3) a detailed breakdown, by center, as to the 
     incorporation of those representatives required by section 
     70107A(b)(3) of title 46, United States Code;
       (4) an analysis of the hurdles faced by the Department in 
     developing these centers;
       (5) information on the number of security clearances 
     attained by State, local, and tribal officials participating 
     in the program; and
       (6) an examination of the relationship between the 
     Interagency Operational Centers and State, local and regional 
     fusion centers participating in the Department of Homeland 
     Security's State, Local, and Regional Fusion Center 
     Initiative under section 511 of the Implementing the 
     Recommendations of the 9/11 Commission Act of 2007 (Public 
     Law 110-53), with a particular emphasis on--
       (A) how the centers collaborate and coordinate their 
     efforts; and
       (B) the resources allocated by the Coast Guard to both 
     initiatives.

     SEC. 705. MARITIME SECURITY RESPONSE TEAMS.

       (a) In General.--Section 70106 of title 46, United States 
     Code, is amended by striking subsection (c) and inserting the 
     following:
       ``(c) Maritime Security Response Teams.--
       ``(1) In general.--In addition to the maritime safety and 
     security teams, the Secretary shall establish no less than 
     two maritime security response teams to act as the Coast 
     Guard's rapidly deployable counterterrorism and law 
     enforcement response units that can apply advanced 
     interdiction skills in response to threats of maritime 
     terrorism.
       ``(2) Minimization of response time.--The maritime security 
     response teams shall be stationed in such a way to minimize, 
     to the extent practicable, the response time to any reported 
     maritime terrorist threat.
       ``(d) Coordination With Other Agencies.--To the maximum 
     extent feasible, each maritime safety and security team and 
     maritime security response team shall coordinate its 
     activities with other Federal, State, and local law 
     enforcement and emergency response agencies.''.

     SEC. 706. COAST GUARD DETECTION CANINE TEAM PROGRAM 
                   EXPANSION.

       (a) Definitions.--For purposes of this section:
       (1) Canine detection team.--The term ``detection canine 
     team'' means a canine and a canine handler that are trained 
     to detect narcotics or explosives, or other threats as 
     defined by the Secretary.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (b) Detection Canine Teams.--
       (1) Increased capacity.--Not later than 240 days after the 
     date of enactment of this Act, the Secretary shall--
       (A) begin to increase the number of detection canine teams 
     certified by the Coast Guard for the purposes of maritime-
     related security by no fewer than 10 canine teams annually 
     through fiscal year 2012; and
       (B) encourage owners and operators of port facilities, 
     passenger cruise liners, oceangoing cargo vessels, and other 
     vessels identified by the Secretary to strengthen security 
     through the use of highly trained detection canine teams.
       (2) Canine procurement.--The Secretary, acting through the 
     Commandant of the Coast Guard, shall--
       (A) procure detection canine teams as efficiently as 
     possible, including, to the greatest extent possible, through 
     increased domestic breeding, while meeting the performance 
     needs and criteria established by the Commandant;
       (B) support expansion and upgrading of existing canine 
     training facilities operated by the department in which the 
     Coast Guard is operating; and
       (C) as appropriate, partner with other Federal, State, or 
     local agencies, nonprofit organizations, universities, or the 
     private sector to increase the breeding and training capacity 
     for Coast Guard canine detection teams.
       (c) Deployment.--The Secretary shall prioritize deployment 
     of the additional canine teams to ports based on risk, 
     consistent with the Security and Accountability For Every 
     Port Act of 2006 (Public Law 109-347).
       (d) Authorization.--There are authorized to be appropriated 
     to the Secretary such sums as may be necessary to carry out 
     this section for fiscal years 2008 through 2012.

     SEC. 707. COAST GUARD PORT ASSISTANCE PROGRAM.

        Section 70110 of title 46, United States Code, is amended 
     by adding at the end the following:
       ``(f) Coast Guard Assistance Program.--
       ``(1) In general.--The Secretary may lend, lease, donate, 
     or otherwise provide equipment, and provide technical 
     training and support, to the owner or operator of a foreign 
     port or facility--
       ``(A) to assist in bringing the port or facility into 
     compliance with applicable International Ship and Port 
     Facility Code standards;
       ``(B) to assist the port or facility in meeting standards 
     established under section 70109A of this chapter; and
       ``(C) to assist the port or facility in exceeding the 
     standards described in subparagraphs (A) and (B).
       ``(2) Conditions.--The Secretary--

[[Page H2704]]

       ``(A) shall provide such assistance based upon an 
     assessment of the risks to the security of the United States 
     and the inability of the owner or operator of the port or 
     facility otherwise to bring the port or facility into 
     compliance with those standards and to maintain compliance 
     with them;
       ``(B) may not provide such assistance unless the port or 
     facility has been subjected to a comprehensive port security 
     assessment by the Coast Guard or a third party entity 
     certified by the Secretary under section 70110A(b) to 
     validate foreign port or facility compliance with 
     International Ship and Port Facility Code standards; and
       ``(C) may only lend, lease, or otherwise provide equipment 
     that the Secretary has first determined is not required by 
     the Coast Guard for the performance of its missions.''.

     SEC. 708. MARITIME BIOMETRIC IDENTIFICATION.

       (a) In General.--The Secretary of Homeland Security, acting 
     through the Commandant of the Coast Guard, may conduct, in 
     the maritime environment, a pilot program for the mobile 
     biometric identification of suspected individuals, including 
     terrorists, to enhance border security and for other 
     purposes.
       (b) Requirements.--The Secretary shall ensure that the 
     pilot program is coordinated with other biometric 
     identification programs within the Department of Homeland 
     Security and shall evaluate the costs and feasibility of 
     expanding the capability to all Coast Guard cutters, stations 
     and deployable maritime teams, and other appropriate 
     Department of Homeland Security maritime vessels and units.
       (c) Definition.--For purposes of this section, the term 
     ``biometric identification'' means use of fingerprint and 
     digital photography images.
       (d) Authorization of Appropriations.--There are authorized 
     such sums as appropriate to carry out this section.

     SEC. 709. REVIEW OF POTENTIAL THREATS.

        Not later than 1 year after the date of enactment of this 
     Act, the Secretary of Homeland Security shall submit to the 
     Committee on Homeland Security of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a report analyzing the threat, 
     vulnerability, and consequence of a terrorist attack on 
     gasoline and chemical cargo shipments in port activity areas 
     in the United States.

     SEC. 710. PORT SECURITY PILOT.

        The Secretary of Homeland Security shall establish a pilot 
     program to test and deploy preventive radiological or nuclear 
     detection equipment on Coast Guard vessels and other 
     locations in select port regions to enhance border security 
     and for other purposes. The pilot program shall leverage 
     existing Federal grant funding to support this program and 
     the procurement of additional equipment.

     SEC. 711. ADVANCE NOTICE OF PORT ARRIVAL OF SIGNIFICANT OR 
                   FATAL INCIDENTS INVOLVING U.S. PERSONS.

       (a) Requirement.--The Secretary of Homeland Security shall 
     require the owner or operator of a cruise ship that embarks 
     or disembarks passengers in a United States port to notify 
     the Secretary of any covered security incident that occurs on 
     the cruise ship in the course of the voyage (or voyage 
     segment) in which a U.S. person is involved, in conjunction 
     with any advance notice of arrival to a United States port 
     required by part 160 of title 33, Code of Federal 
     Regulations.
       (b) Definitions.--For the purposes of this section:
       (1) Covered security incident.--The term ``covered security 
     incident'' means any criminal act or omission that results in 
     death or bodily injury, all sexual assaults and missing 
     persons, or any other incident that poses a significant 
     threat to the cruise ship, any cruise ship passenger, any 
     port facility, or any person in or near the port.
       (2) Cruise ship.--The term ``cruise ship'' means a vessel 
     on an international voyage that embarks or disembarks 
     passengers at a port of United States jurisdiction to which 
     subpart C of part 160 of title 33, Code of Federal 
     Regulations, applies and that provides overnight 
     accommodations.
       (3) U.S. person.--The term ``U.S. person'' means a citizen 
     of the United States and an alien lawfully admitted for 
     permanent residence (as defined in section 101(a)(20) of the 
     Immigration and Nationality Act (8 U.S.C. 1101 (a)(20)).
       (4) United states.--The term ``United States'' means the 50 
     States, the District of Columbia, Puerto Rico, the Northern 
     Mariana Islands, the United States Virgin Islands, Guam, 
     American Samoa, and any other territory or possession of the 
     United States.
       (c) Savings Clause.--Nothing in this section shall be 
     interpreted to discourage immediate notification to the 
     Secretary of a covered security incident, nor shall this 
     section prohibit earlier notifications of covered security 
     incidents otherwise required by law or regulation.

     SEC. 712. SAFETY AND SECURITY ASSISTANCE FOR FOREIGN PORTS.

       (a) In General.--Section 70110(e)(1) of title 46, United 
     States Code, is amended by striking the second sentence and 
     inserting the following: ``The Secretary shall establish a 
     strategic plan to utilize those assistance programs to assist 
     ports and facilities that are found by the Secretary under 
     subsection (a) not to maintain effective antiterrorism 
     measures in the implementation of port security antiterrorism 
     measures.''.
       (b) Conforming Amendments.--
       (1) Section 70110 of title 46, United States Code, is 
     amended--
       (A) by inserting ``or facilities'' after ``ports'' in the 
     section heading;
       (B) by inserting ``or facility'' after ``port'' each place 
     it appears; and
       (C) by striking ``Ports'' in the heading for subsection (e) 
     and inserting ``Ports, Facilities,''.
       (2) The chapter analysis for chapter 701 of title 46, 
     United States Code, is amended by striking the item relating 
     to section 70110 and inserting the following:

``70110. Actions and assistance for foreign ports or facilities and 
              United States territories''.

     SEC. 713. SEASONAL WORKERS.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study on the effects that the Transportation 
     Worker Identification Card (in this section referred to as 
     ``TWIC'') required by section 70105 of title 46, United 
     States Code, has on companies that employ seasonal employees.
       (b) Report.--Not later than one year after the date of 
     enactment of this Act, the Comptroller General shall submit a 
     report to the Committee on Transportation and Infrastructure 
     and the Committee on Homeland Security of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate on the results of the study, 
     including--
       (1) costs associated in requiring seasonal employees to 
     obtain TWIC cards on companies
       (2) whether the Coast Guard and Transportation Security 
     Administration are processing TWIC applications quickly 
     enough for seasonal workers to obtain TWIC certification;
       (3) whether TWIC compliance costs or other factors have led 
     to a reduction in service;
       (3) the impact of TWIC on the recruiting and hiring of 
     seasonal and other temporary employees; and
       (4) an assessment of possible alternatives to TWIC 
     certification that may be used for seasonal employees 
     including any security vulnerabilities created by those 
     alternatives.

     SEC. 714. COMPARATIVE RISK ASSESSMENT OF VESSEL-BASED AND 
                   FACILITY-BASED LIQUEFIED NATURAL GAS 
                   REGASIFICATION PROCESSES.

       (a) In General.--Within 90 days after the date of enactment 
     of this Act, the Secretary of Homeland Security, acting 
     through the Commandant of the Coast Guard, shall enter into 
     an arrangement for the performance of an independent study to 
     conduct a comparative risk assessment examining the relative 
     safety and security risk associated with vessel-based and 
     facility-based liquefied natural gas regasification processes 
     conducted within 3 miles from land versus such processes 
     conducted more than 3 miles from land.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary Homeland Security, 
     acting through the Commandant, shall provide a report on the 
     findings and conclusions of the study required by this 
     section to the Committees on Homeland Security, 
     Transportation and Infrastructure, and Energy and Commerce of 
     the House of Representatives, and the Committees on Homeland 
     Security and Governmental Affairs and Commerce, Science, and 
     Transportation of the Senate.

     SEC. 715. PILOT PROGRAM FOR FINGERPRINTING OF MARITIME 
                   WORKERS.

       (a) In General.--Within 180 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall establish procedures providing for an individual who is 
     required to be fingerprinted for purposes of obtaining a 
     transportation security card under section 70105 of title 46, 
     United States Code, to be fingerprinted at any facility 
     operated by or under contract with an agency of the 
     Department of Homeland Security that fingerprints the public 
     for the Department.
       (b) Expiration.--This section expires on December 31, 2012.

     SEC. 716. TRANSPORTATION SECURITY CARDS ON VESSELS.

       Section 70105(b)(2) of title 46, United States Code, is 
     amended--
       (1) in subparagraph (B), by inserting after ``title'' the 
     following: ``allowed unescorted access to a secure area 
     designated in a vessel security plan approved under section 
     70103 of this title''; and
       (2) in subparagraph (D), by inserting after ``tank vessel'' 
     the following: ``allowed unescorted access to a secure area 
     designated in a vessel security plan approved under section 
     70103 of this title''.

     SEC. 717. INTERNATIONAL LABOR STUDY.

       The Comptroller General of the United States shall conduct 
     a study of methods to conduct a background security 
     investigation of an individual who possesses a biometric 
     identification card that complies with International Labor 
     Convention number 185 that are equivalent to the 
     investigation conducted on individuals applying for a visa to 
     enter the United States. The Comptroller General shall submit 
     a report on the study within 180 days after the date of 
     enactment of this Act to the Committee on Transportation and 
     Infrastructure and the Committee on Homeland Security of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate.

     SEC. 718. MARITIME SECURITY ADVISORY COMMITTEES.

        Section 70112 of title 46, United States Code, is 
     amended--

[[Page H2705]]

       (1) by amending subsection (b)(5) to read as follows:
       ``(5)(A) The National Maritime Security Advisory Committee 
     shall be composed of--
       ``(i) at least 1 individual who represents the interests of 
     the port authorities;
       ``(ii) at least 1 individual who represents the interests 
     of the facilities owners or operators;
       ``(iii) at least 1 individual who represents the interests 
     of the terminal owners or operators;
       ``(iv) at least 1 individual who represents the interests 
     of the vessel owners or operators;
       ``(v) at least 1 individual who represents the interests of 
     the maritime labor organizations;
       ``(vi) at least 1 individual who represents the interests 
     of the academic community;
       ``(vii) at least 1 individual who represents the interests 
     of State or local governments; and
       ``(viii) at least 1 individual who represents the interests 
     of the maritime industry.
       ``(B) Each Area Maritime Security Advisory Committee shall 
     be composed of individuals who represents the interests of 
     the port industry, terminal operators, port labor 
     organizations, and other users of the port areas.''; and
       (2) in subsection (g)--
       (A) in paragraph (1)(A), by striking ``2008;'' and 
     inserting ``2010;'';
       (B) by repealing paragraph (2);
       (C) by striking ``(1)''; and
       (D) by redesignating subparagraphs (A) and (B) as 
     paragraphs (1) and (2).

     SEC. 719. SEAMEN'S SHORESIDE ACCESS.

       Each facility security plan approved under section 70103(c) 
     of title 46, United States Code, shall provide a system for 
     seamen assigned to a vessel at that facility, pilots, and 
     representatives of seamen's welfare and labor organizations 
     to board and depart the vessel through the facility in a 
     timely manner at no cost to the individual.

     SEC. 720. WATERSIDE SECURITY AROUND LIQUEFIED NATURAL GAS 
                   TERMINALS AND LIQUEFIED NATURAL GAS TANKERS.

       (a) Enforcement of Security Zones.--Consistent with other 
     provisions of law, any security zone established by the Coast 
     Guard around a tanker containing liquified natural gas shall 
     be enforced by the Coast Guard. If the Coast Guard must 
     enforce multiple simultaneous security zones, the Coast Guard 
     shall allocate resources so as to deter to the maximum extent 
     practicable a transportation security incident (as that term 
     is defined in sectin 70101 of title 46, United States Code).
       (b) Limitation on Reliance on State and Local Government.--
     Any security arrangement approved as part of a facility 
     security plan approved after the date of enactment of this 
     Act under section 70103 of title 46, United States Code, for 
     a liquefied natural gas terminal on or adjacent to the 
     navigable waters of the United States, or to assist in the 
     enforcement of any security zone established by the Coast 
     Guard around a tanker containing liquefied natural gas, may 
     not be based upon the provision of security by a State or 
     local government unless the State or local government has 
     entered into a contract, cooperative agreement, or other 
     arrangement with the terminal operator to provide such 
     services and the Secretary of the department in which the 
     Coast Guard is operating, acting through the Commandant of 
     the Coast Guard, ensures that the waterborne patrols operated 
     as part of that security arrangement by a State or local 
     government have the training, resources, personnel, 
     equipment, and experience necessary to deter to the maximum 
     extent practicable a transportation security incident (as 
     that term is defined in section 70101 of title 46, United 
     States Code).
       (c) Determination Required for New LNG Terminals.--The 
     Secretary of the department in which the Coast Guard is 
     operating, acting through the Commandant of the Coast Guard, 
     may not approve a facility security plan under section 70103 
     of title 46, United States Code, for a new liquefied natural 
     gas terminal the construction of which is begun after the 
     date of enactment of this Act unless the Secretary determines 
     that the Coast Guard has available to the sector in which the 
     terminal is located the resources it needs to carry out the 
     navigation and maritime security risk management measures 
     identified in the waterway suitability report prepared 
     pursuant to the Ports and Waterways Safety Act.

          TITLE VIII--COAST GUARD INTEGRATED DEEPWATER PROGRAM

     SEC. 801. SHORT TITLE.

        This title may be cited as the ``Integrated Deepwater 
     Program Reform Act''.

     SEC. 802. IMPLEMENTATION OF COAST GUARD INTEGRATED DEEPWATER 
                   ACQUISITION PROGRAM.

       (a) Use of Private Sector Entity as a Lead Systems 
     Integrator.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the Secretary may not use a private sector entity 
     as a lead systems integrator for procurements under, or in 
     support of, the Deepwater Program beginning on the earlier of 
     October 1, 2011, or the date on which the Secretary certifies 
     in writing to the Committee on Transportation and 
     Infrastructure and the Committee on Homeland Security of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate that the Coast 
     Guard has available and can retain sufficient contracting 
     personnel and expertise within the Coast Guard, through an 
     arrangement with other Federal agencies, or through contracts 
     or other arrangements with private sector entities, to 
     perform the functions and responsibilities of the lead system 
     integrator in an efficient and cost-effective manner.
       (2) Completion of existing delivery orders and task 
     orders.--The Secretary may use a private sector entity as a 
     lead systems integrator to complete any delivery order or 
     task order under the Deepwater Program that was issued to the 
     lead systems integrator on or before the date of enactment of 
     this Act.
       (3) Assistance of other federal agencies.--In any case in 
     which the Secretary is the systems integrator under the 
     Deepwater Program, the Secretary may obtain any type of 
     assistance the Secretary considers appropriate, with any 
     systems integration functions, from any Federal agency with 
     experience in systems integration involving maritime vessels 
     and aircraft.
       (4) Assistance of private sector entities.--In any case in 
     which the Secretary is the systems integrator under the 
     Deepwater Program, the Secretary may, subject to the 
     availability of appropriations, obtain by grant, contract, or 
     cooperative agreement any type of assistance the Secretary 
     considers appropriate, with any systems integration 
     functions, from any private sector entity with experience in 
     systems integration involving maritime vessels and aircraft.
       (b) Competition.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the Secretary shall use full and open competition 
     for each class of asset acquisitions under the Deepwater 
     Program for which an outside contractor is used, if the asset 
     is procured directly by the Coast Guard or by the Integrated 
     Coast Guard System acting under a contract with the Coast 
     Guard.
       (2) Exception.--The Secretary may use a procurement method 
     that is less than full and open competition to procure an 
     asset under the Deepwater Program, if--
       (A) the Secretary determines that such method is in the 
     best interests of the Federal Government; and
       (B) by not later than 30 days before the date of the award 
     of a contract for the procurement, the Secretary submits to 
     the Committee on Transportation and Infrastructure and the 
     Committee on Homeland Security of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a report explaining why such 
     procurement is in the best interests of the Federal 
     Government.
       (3) Limitation on application.--Paragraph (1) shall not 
     apply to a contract, subcontract, or task order that was 
     issued before the date of enactment of this Act, if there is 
     no change in the quantity of assets or the specific type of 
     assets procured.
       (c) Required Contract Terms.--The Secretary shall include 
     in each contract, subcontract, and task order issued under 
     the Deepwater Program after the date of enactment of this Act 
     the following provisions, as applicable:
       (1) Technical reviews.--A requirement that the Secretary 
     shall conduct a technical review of all proposed designs, 
     design changes, and engineering changes, and a requirement 
     that the contractor must specifically address all engineering 
     concerns identified in the technical reviews, before any 
     funds may be obligated.
       (2) Responsibility for technical requirements.--A 
     requirement that the Secretary shall maintain the authority 
     to establish, approve, and maintain technical requirements.
       (3) Cost estimate of major changes.--A requirement that an 
     independent cost estimate must be prepared and approved by 
     the Secretary before the execution of any change order 
     costing more than 5 percent of the unit cost approved in the 
     Deepwater Program baseline in effect as of May 2007.
       (4) Performance measurement.--A requirement that any 
     measurement of contractor and subcontractor performance must 
     be based on the status of all work performed, including the 
     extent to which the work performed met all cost, schedule, 
     and mission performance requirements outlined in the 
     Deepwater Program contract.
       (5) Early operational assessment.--For the acquisition of 
     any cutter class for which an Early Operational Assessment 
     has not been developed--
       (A) a requirement that the Secretary of the Department in 
     which the Coast Guard is operating shall cause an Early 
     Operational Assessment to be conducted by the Department of 
     the Navy after the development of the preliminary design of 
     the cutter and before the conduct of the critical design 
     review of the cutter; and
       (B) a requirement that the Coast Guard shall develop a plan 
     to address the findings presented in the Early Operational 
     Assessment.
       (6) Transient electromagnetic pulse emanation.--For the 
     acquisition or upgrade of air, surface, or shore assets for 
     which compliance with transient electromagnetic pulse 
     emanation (TEMPEST) is a requirement, a provision specifying 
     that the standard for determining such compliance shall be 
     the air, surface, or shore asset standard then used by the 
     Department of the Navy.
       (7) Offshore patrol cutter underway requirement.--For any 
     contract issued to acquire an Offshore Patrol Cutter, 
     provisions specifying the service life, fatigue life, days

[[Page H2706]]

     underway in general Atlantic and North Pacific Sea 
     conditions, maximum range, and maximum speed the cutter shall 
     be built to achieve.
       (8) Inspector general access.--A requirement that the 
     Department of Homeland Security's Office of the Inspector 
     General shall have access to all records maintained by all 
     contractors working on the Deepwater Program, and shall have 
     the right to privately interview any contractor personnel.
       (d) Life Cycle Cost Estimate.--
       (1) In general.--The Secretary shall develop an 
     authoritative life cycle cost estimate for the Deepwater 
     Program.
       (2) Contents.--The life cycle cost estimate shall include 
     asset acquisition and logistics support decisions and planned 
     operational tempo and locations as of the date of enactment 
     of this Act.
       (3) Submittal.--The Secretary shall--
       (A) submit the life cycle cost estimate to the Committee on 
     Transportation and Infrastructure and the Committee on 
     Homeland Security of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate within 4 months after the date of enactment of this 
     Act; and
       (B) submit updates of the life cycle cost estimate to such 
     Committees annually.
       (e) Contract Officers.--The Secretary shall assign a 
     separate contract officer for each class of cutter and 
     aircraft acquired or rehabilitated under the Deepwater 
     Program, including the National Security Cutter, the Offshore 
     Patrol Cutter, the Fast Response Cutter A, the Fast Response 
     Cutter B, maritime patrol aircraft, the aircraft HC-130J, the 
     helicopter HH-65, the helicopter HH-60, and the vertical 
     unmanned aerial vehicle.
       (f) Technology Risk Report.--The Secretary shall submit to 
     the Committee on Transportation and Infrastructure and the 
     Committee on Homeland Security of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a report identifying the 
     technology risks and level of maturity for major technologies 
     used on each class of asset acquisitions under the Deepwater 
     Program, including the Fast Response Cutter A (FRC-A), the 
     Fast Response Cutter B (FRC-B), the Offshore Patrol Cutter 
     (OPC), and the Vertical Unmanned Aerial Vehicle (VUAV), not 
     later than 90 days before the date of award of a contract for 
     such an acquisition.
       (g) Submission of Assessment Results and Plans to 
     Congress.--The Commandant of the Coast Guard shall submit to 
     the Committee on Transportation and Infrastructure and the 
     Committee on Homeland Security of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate--
       (1) the results of each Early Operational Assessment 
     conducted pursuant to subsection (c)(5)(A) and the plan 
     approved by the Commandant pursuant to subsection (c)(5)(B) 
     for addressing the findings of such assessment, within 30 
     days after the Commandant approves the plan; and
       (2) a report describing how the recommendations of each 
     Early Operational Assessment conducted pursuant to subsection 
     (c)(5)(A) on the first in class of a new cutter class have 
     been addressed in the design on which construction is to 
     begin, within 30 days before initiation of construction.

     SEC. 803. CHIEF ACQUISITION OFFICER.

       (a) In General.--Chapter 3 of title 14, United States Code, 
     is further amended by adding at the end the following:

     ``Sec. 56. Chief Acquisition Officer

       ``(a) Establishment of Agency Chief Acquisition Officer.--
     The Commandant shall appoint or designate a career reserved 
     employee as Chief Acquisition Officer for the Coast Guard, 
     who shall--
       ``(1) have acquisition management as that official's 
     primary duty; and
       ``(2) report directly to the Commandant to advise and 
     assist the Commandant to ensure that the mission of the Coast 
     Guard is achieved through the management of the Coast Guard's 
     acquisition activities.
       ``(b) Authority and Functions of the Chief Acquisition 
     Officer.--The functions of the Chief Acquisition Officer 
     shall include--
       ``(1) monitoring the performance of acquisition activities 
     and acquisition programs of the Coast Guard, evaluating the 
     performance of those programs on the basis of applicable 
     performance measurements, and advising the Commandant 
     regarding the appropriate business strategy to achieve the 
     mission of the Coast Guard;
       ``(2) increasing the use of full and open competition in 
     the acquisition of property and services by the Coast Guard 
     by establishing policies, procedures, and practices that 
     ensure that the Coast Guard receives a sufficient number of 
     sealed bids or competitive proposals from responsible sources 
     to fulfill the Government's requirements (including 
     performance and delivery schedules) at the lowest cost or 
     best value considering the nature of the property or service 
     procured;
       ``(3) ensuring the use of detailed performance 
     specifications in instances in which performance-based 
     contracting is used;
       ``(4) making acquisition decisions consistent with all 
     applicable laws and establishing clear lines of authority, 
     accountability, and responsibility for acquisition 
     decisionmaking within the Coast Guard;
       ``(5) managing the direction of acquisition policy for the 
     Coast Guard, including implementation of the unique 
     acquisition policies, regulations, and standards of the Coast 
     Guard;
       ``(6) developing and maintaining an acquisition career 
     management program in the Coast Guard to ensure that there is 
     an adequate professional workforce; and
       ``(7) as part of the strategic planning and performance 
     evaluation process required under section 306 of title 5 and 
     sections 1105(a)(28), 1115, 1116, and 9703 of title 31--
       ``(A) assessing the requirements established for Coast 
     Guard personnel regarding knowledge and skill in acquisition 
     resources management and the adequacy of such requirements 
     for facilitating the achievement of the performance goals 
     established for acquisition management;
       ``(B) in order to rectify any deficiency in meeting such 
     requirements, developing strategies and specific plans for 
     hiring, training, and professional development; and
       ``(C) reporting to the Commandant on the progress made in 
     improving acquisition management capability.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following:

``56. Chief Acquisition Officer.''.

       (c) Special Rate Supplements.--
       (1) Requirement to establish.--Not later than 1 year after 
     the date of enactment of this Act and in accordance with part 
     9701.333 of title 5, Code of Federal Regulations, the 
     Commandant of the Coast Guard shall establish special rate 
     supplements that provide higher pay levels for employees 
     necessary to carry out the amendment made by this section.
       (2) Subject to appropriations.--The requirement under 
     paragraph (1) is subject to the availability of 
     appropriations.

     SEC. 804. TESTING AND CERTIFICATION.

       (a) In General.--The Secretary shall--
       (1) cause each cutter, other than a National Security 
     Cutter, acquired by the Coast Guard and delivered after the 
     date of enactment of this Act to be classed by the American 
     Bureau of Shipping, before acceptance of delivery;
       (2) cause the design and construction of each National 
     Security Cutter, other than National Security Cutter 1 and 2, 
     to be certified by an independent third party with expertise 
     in vessel design and construction certification to be able to 
     meet a 185-underway-day requirement under general Atlantic 
     and North Pacific sea conditions for a period of at least 30 
     years;
       (3) cause all electronics on all aircraft, surface, and 
     shore assets that require TEMPEST certification and that are 
     delivered after the date of enactment of this Act to be 
     tested and certified in accordance with TEMPEST standards and 
     communications security (COMSEC) standards by an independent 
     third party that is authorized by the Federal Government to 
     perform such testing and certification; and
       (4) cause all aircraft and aircraft engines acquired by the 
     Coast Guard and delivered after the date of enactment of this 
     Act to be certified for airworthiness by an independent third 
     party with expertise in aircraft and aircraft engine 
     certification, before acceptance of delivery.
       (b) First in Class of a Major Asset Acquisition.--The 
     Secretary shall cause the first in class of a major asset 
     acquisition of a cutter or an aircraft to be subjected to an 
     assessment of operational capability conducted by the 
     Secretary of the Navy.
       (c) Final Arbiter.--The Secretary shall be the final 
     arbiter of all technical disputes regarding designs and 
     acquisitions of vessels and aircraft for the Coast Guard.

     SEC. 805. NATIONAL SECURITY CUTTERS.

       (a) National Security Cutters 1 and 2.--
       (1) Report on options under consideration.--The Secretary 
     shall submit to the Committee on Transportation and 
     Infrastructure and the Committee on Homeland Security of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate--
       (A) within 120 days after the date of enactment of this 
     Act, a report describing in detail the cost increases that 
     have been experienced on National Security Cutters 1 and 2 
     since the date of the issuance of the task orders for 
     construction of those cutters and explaining the causes of 
     these cost increases; and
       (B) within 180 days after the date of enactment of this 
     Act, a report on the options that the Coast Guard is 
     considering to strengthen the hulls of National Security 
     Cutter 1 and National Security Cutter 2, including--
       (i) the costs of each of the options under consideration;
       (ii) a schedule for when the hull strengthening repairs are 
     anticipated to be performed; and
       (iii) the impact that the weight likely to be added to each 
     the cutter by each option will have on the cutter's ability 
     to meet both the original performance requirements included 
     in the Deepwater Program contract and the performance 
     requirements created by contract Amendment Modification 00042 
     dated February 7, 2007.
       (2) Design assessment.--Not later than 30 days before the 
     Coast Guard signs any contract, delivery order, or task order 
     to strengthen the hull of either of National Security Cutter 
     1 or 2 to resolve the structural design and performance 
     issues identified in the Department of Homeland Security 
     Inspector General's report OIG-07-23 dated January 2007, the 
     Secretary shall submit to

[[Page H2707]]

     the Committee on Transportation and Infrastructure and the 
     Committee on Homeland Security of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate all results of an assessment of 
     the proposed hull strengthening design conducted by the Naval 
     Surface Warfare Center, Carderock Division, including a 
     description in detail of the extent to which the hull 
     strengthening measures to be implemented on those cutters 
     will enable the cutters to meet a 185-underway-day 
     requirement under general Atlantic and North Pacific sea 
     conditions for a period of at least 30 years.
       (b) National Security Cutters 3 Through 8.--Not later than 
     30 days before the Coast Guard signs any contract, delivery 
     order, or task order authorizing construction of National 
     Security Cutters 3 through 8, the Secretary shall submit to 
     the Committee on Transportation and Infrastructure and the 
     Committee on Homeland Security of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate all results of an assessment of 
     the proposed designs to resolve the structural design, 
     safety, and performance issues identified by the Department 
     of Homeland Security Office of Inspector General report OIG-
     07-23 for the hulls of those cutters conducted by the Naval 
     Surface Warfare Center, Carderock Division, including a 
     description in detail of the extent to which such designs 
     will enable the cutters to meet a 185-underway-day 
     requirement under general Atlantic and North Pacific sea 
     conditions.

     SEC. 806. MISCELLANEOUS REPORTS.

       (a) In General.--The Secretary shall submit the following 
     reports to the Committee on Transportation and Infrastructure 
     and the Committee on Homeland Security of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate:
       (1) Within 4 months after the date of enactment of this 
     Act, a justification for why 8 National Security Cutters are 
     required to meet the operational needs of the Coast Guard, 
     including--
       (A) how many days per year each National Security Cutter 
     will be underway at sea;
       (B) where each National Security Cutter will be home 
     ported;
       (C) the amount of funding that will be required to 
     establish home port operations for each National Security 
     Cutter;
       (D) the extent to which 8 National Security Cutters 
     deployed without vertical unmanned aerial vehicles (VUAV) 
     will meet or exceed the mission capability (including 
     surveillance capacity) of the 12 Hamilton-class high 
     endurance cutters that the National Security Cutters will 
     replace;
       (E) the business case in support of constructing National 
     Security Cutters 3 through 8, including a cost-benefit 
     analysis; and
       (F) an analysis of how many Offshore Patrol Cutters would 
     be required to provide the patrol coverage provided by a 
     National Security Cutter.
       (2) Within 4 months after the date of enactment of this 
     Act, a report on--
       (A) the impact that deployment of a National Security 
     Cutter and other cutter assets without the vertical unmanned 
     aerial vehicle (VUAV) will have on the amount of patrol 
     coverage that will be able to be provided during missions 
     conducted by the National Security Cutter and all other 
     cutters planned to be equipped with a VUAV;
       (B) how the coverage gap will be made up;
       (C) an update on the current status of the development of 
     the VUAV; and
       (D) the timeline detailing the major milestones to be 
     achieved during development of the VUAV and identifying the 
     delivery date for the first and last VUAV.
       (3) Within 30 days after the elevation to flag-level for 
     resolution of any design or other dispute regarding the 
     Deepwater Program contract or an item to be procured under 
     that contract, including a detailed description of the issue 
     and the rationale underlying the decision taken by the flag 
     officer to resolve the issue.
       (4) Within 4 months after the date of enactment of this 
     Act, a report detailing the total number of change orders 
     that have been created by the Coast Guard under the Deepwater 
     Program before the date of enactment of this Act, the total 
     cost of these change orders, and their impact on the 
     Deepwater Program schedule.
       (5) Within 180 days after the date of enactment of this 
     Act, a report detailing the technology risks and level of 
     maturity for major technologies used on maritime patrol 
     aircraft, the HC-130J, and the National Security Cutter.
       (6) Not less than 60 days before signing a contract to 
     acquire any vessel or aircraft, a report comparing the cost 
     of purchasing that vessel or aircraft directly from the 
     manufacturer or shipyard with the cost of procuring it 
     through the Integrated Coast Guard System.
       (7) Within 30 days after the Program Executive Officer of 
     the Deepwater Program becomes aware of a likely cost overrun 
     exceeding 5 percent of the overall asset acquisition contract 
     cost or schedule delay exceeding 5 percent of the estimated 
     asset construction period under the Deepwater Program, a 
     report by the Commandant containing a description of the cost 
     overrun or delay, an explanation of the overrun or delay, a 
     description of Coast Guard's response, and a description of 
     significant delays in the procurement schedule likely to be 
     caused by the overrun or delay.
       (8) Within 90 days after the date of enactment of this Act, 
     articulation of a doctrine and description of an anticipated 
     implementation of a plan for management of acquisitions 
     programs, financial management (including earned value 
     management and cost estimating), engineering and logistics 
     management, and contract management, that includes--
       (A) a description of how the Coast Guard will cultivate 
     among uniformed personnel expertise in acquisitions 
     management and financial management;
       (B) a description of the processes that will be followed to 
     draft and ensure technical review of procurement packages, 
     including statements of work, for any class of assets 
     acquired by the Coast Guard;
       (C) a description of how the Coast Guard will conduct an 
     independent cost estimating process, including independently 
     developing cost estimates for major change orders; and
       (D) a description of how Coast Guard will strengthen the 
     management of change orders.
       (9) Within 4 months after the date of enactment of this 
     Act, a report on the development of a new acquisitions office 
     within the Coast Guard describing the specific staffing 
     structure for that directorate, including--
       (A) identification of all managerial positions proposed as 
     part of the office, the functions that each managerial 
     position will fill, and the number of employees each manager 
     will supervise; and
       (B) a formal organizational chart and identification of 
     when managerial positions are to be filled.
       (10) Ninety days prior to the issuance of a Request for 
     Proposals for construction of an Offshore Patrol Cutter, a 
     report detailing the service life, fatigue life, maximum 
     range, maximum speed, and number of days underway under 
     general Atlantic and North Pacific Sea conditions the cutter 
     shall be built to achieve.
       (11) The Secretary shall report annually on the percentage 
     of the total amount of funds expended on procurements under 
     the Deepwater Program that has been paid to each of small 
     businesses and minority-owned businesses.
       (12) Within 120 days after the date of enactment of this 
     Act, a report on any Coast Guard mission performance gap due 
     to the removal of Deepwater Program assets from service. The 
     report shall include the following:
       (A) A description of the mission performance gap detailing 
     the geographic regions and Coast Guard capabilities affected.
       (B) An analysis of factors affecting the mission 
     performance gap that are unrelated to the Deepwater Program, 
     including deployment of Coast Guard assets overseas and 
     continuous vessel shortages.
       (C) A description of measures being taken in the near term 
     to fill the mission performance gap, including what those 
     measures are and when they will be implemented.
       (D) A description of measures being taken in the long term 
     to fill the mission performance gap, including what those 
     measures are and when they will be implemented.
       (E) A description of the potential alternatives to fill the 
     mission performance gap, including any acquisition or lease 
     considered and the reasons they were not pursued.
       (b) Report Required on Acceptance of Delivery of Incomplete 
     Asset.--
       (1) In general.--If the Secretary accepts delivery of an 
     asset after the date of enactment of this Act for which a 
     contractually required certification cannot be achieved 
     within 30 days after the date of delivery or with any system 
     that is not fully functional for the mission for which it was 
     intended, the Secretary shall submit to the Committee on 
     Transportation and Infrastructure and the Committee on 
     Homeland Security of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     United States Senate within 30 days after accepting delivery 
     of the asset a report explaining why acceptance of the asset 
     in such a condition is in the best interests of the United 
     States Government.
       (2) Contents.--The report shall--
       (A) specify the systems that are not able to achieve 
     contractually required certifications within 30 days after 
     the date of delivery and the systems that are not fully 
     functional at the time of delivery for the missions for which 
     they were intended;
       (B) identify milestones for the completion of required 
     certifications and to make all systems fully functional; and
       (C) identify when the milestones will be completed, who 
     will complete them, and the cost to complete them.

     SEC. 807. USE OF THE NAVAL SEA SYSTEMS COMMAND, THE NAVAL AIR 
                   SYSTEMS COMMAND, AND THE SPACE AND NAVAL 
                   WARFARE SYSTEMS COMMAND TO ASSIST THE COAST 
                   GUARD IN EXERCISING TECHNICAL AUTHORITY FOR THE 
                   DEEPWATER PROGRAM AND OTHER COAST GUARD 
                   ACQUISITION PROGRAMS.

       (a) Findings.--Congress finds that the Coast Guard's use of 
     the technical, contractual, and program management oversight 
     expertise of the Department of the Navy in ship and aircraft 
     production complements and augments the Coast Guard's organic 
     expertise as it procures assets for the Deepwater Program.
       (b) Inter-Service Technical Assistance.--The Secretary may 
     enter into a memorandum of understanding or a memorandum of 
     agreement with the Secretary of

[[Page H2708]]

     the Navy to provide for the use of the Navy Systems Commands 
     to assist the Coast Guard with the oversight of Coast Guard 
     major acquisition programs. Such memorandum of understanding 
     or memorandum of agreement shall, at a minimum provide for--
       (1) the exchange of technical assistance and support that 
     the Coast Guard Chief Engineer and the Coast Guard Chief 
     Information Officer, as Coast Guard Technical Authorities, 
     may identify;
       (2) the use, as appropriate, of Navy technical expertise; 
     and
       (3) the temporary assignment or exchange of personnel 
     between the Coast Guard and the Navy Systems Commands to 
     facilitate the development of organic capabilities in the 
     Coast Guard.
       (c) Technical Authorities.--The Coast Guard Chief Engineer, 
     Chief Information Officer, and Chief Acquisition Officer 
     shall adopt, to the extent practicable, procedures that are 
     similar to those used by the Navy Senior Acquisition Official 
     to ensure the Coast Guard Technical Authorities, or 
     designated Technical Warrant Holders, approve all technical 
     requirements.
       (d) Coordination.--The Secretary, acting through the 
     Commandant of the Coast Guard, may coordinate with the 
     Secretary of the Navy, acting through the Chief of Naval 
     Operations, to develop processes by which the assistance will 
     be requested from the Navy Systems Commands and provided to 
     the Coast Guard.
       (e) Report.--Not later than 120 days after the date of 
     enactment of this Act and every twelve months thereafter, the 
     Commandant of the Coast Guard shall report to the Committee 
     on Transportation and Infrastructure and the Committee on 
     Homeland Security of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate on the activities undertaken pursuant to such 
     memorandum of understanding or memorandum of agreement.

     SEC. 808. DEFINITIONS.

        In this title:
       (1) Deepwater program.--The term ``Deepwater Program'' 
     means the Integrated Deepwater Systems Program described by 
     the Coast Guard in its report to Congress entitled ``Revised 
     Deepwater Implementation Plan 2005'', dated March 25, 2005. 
     The Deepwater Program primarily involves the procurement of 
     cutter and aviation assets that operate more than 50 miles 
     offshore.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the department in which the Coast Guard is operating.

                TITLE IX--MINORITY SERVING INSTITUTIONS

     SEC. 901. MSI MANAGEMENT INTERNSHIP PROGRAM.

       (a) Establishment and Purpose.--The Commandant of the Coast 
     Guard shall establish a two part management internship 
     program for students at minority serving institutions (MSI) 
     to intern at Coast Guard headquarters or a Coast Guard 
     regional office, to be known as the ``MSI Management 
     Internship Program'', to develop a cadre of civilian, career 
     mid-level and senior managers for the Coast Guard.
       (b) Operation.--The MSI Management Internship Program shall 
     be managed by the Secretary of Homeland Security, acting 
     through the Commandant of the Coast Guard, in coordination 
     with National Association for Equal Opportunity in Higher 
     Education, the Hispanic Association of Colleges and 
     Universities, and the American Indian Higher Education 
     Consortium.
       (c) Criteria for Selection.--Participation in the MSI 
     Management Internship Program shall be open to sophomores, 
     juniors, and seniors at minority serving institutions, with 
     an emphasis on such students who are majoring in management 
     or business administration, international affairs, political 
     science, marine sciences, criminal justice, or any other 
     major related to homeland security.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated $2,000,000 to the Commandant to carry out 
     this section.

     SEC. 902. MSI INITIATIVES.

       (a) Establishment of MSI Student Pre-Commissioning 
     Initiative.--The Commandant of the Coast Guard shall 
     establish an MSI component of the College Student Pre-
     Commissioning Initiative (to be known as the ``MSI Student 
     Pre-Commissioning Initiative Program'') to ensure greater 
     participation by students from MSIs in the College Student 
     Pre-Commissioning Initiative.
       (b) Participation in Officer Candidate School.--The 
     Commandant of the Coast Guard shall ensure that graduates of 
     the MSI Student Pre-Commissioning Initiative Program are 
     included in the first enrollment for Officer Candidate School 
     that commences after the date of enactment of this title and 
     each enrollment period thereafter.
       (c) Reports.--Not later than 90 days after the conclusion 
     of each academic year with respect to which the College 
     Student Pre-Commissioning Initiative and the MSI Student Pre-
     Commissioning Initiative Program is carried out beginning 
     with the first full academic year after the date of the 
     enactment of this title, the Commandant shall submit to the 
     Committee on Transportation and Infrastructure and the 
     Committee on Homeland Security of the House of 
     Representatives and the Committee on Commerce of the Senate a 
     report on the number of students in the College Student Pre-
     Commissioning Initiative and the number of students in the 
     MSI Student Pre-Commissioning Initiative Program, outreach 
     efforts, and demographic information of enrollees including, 
     age, gender, race, and disability.
       (d) Establishment of MSI Aviation Officer Corps 
     Initiative.--The Commandant of the Coast Guard shall 
     establish an MSI Aviation Officer Corps Initiative to 
     increase the diversity of the Coast Guard Aviation Officer 
     Corps through an integrated recruiting, accession, training, 
     and assignment process that offers guaranteed flight school 
     opportunities to students from minority serving institutions.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated $3,000,000 to the Commandant to carry out 
     this section.

     SEC. 903. COAST GUARD-MSI COOPERATIVE TECHNOLOGY PROGRAM.

       (a) Establishment.--The Commandant of the Coast Guard shall 
     establish a Coast Guard Laboratory of Excellence-MSI 
     Cooperative Technology Program at three minority serving 
     institutions to focus on priority security areas for the 
     Coast Guard, such as global maritime surveillance, 
     resilience, and recovery.
       (b) Collaboration.--The Commandant shall encourage 
     collaboration among the minority serving institutions 
     selected under subsection (a) and institutions of higher 
     education with institutional research and academic program 
     resources and experience.
       (c) Partnerships.--The heads of the laboratories 
     established at the minority serving institutions pursuant to 
     subsection (a) may seek to establish partnerships with the 
     private sector, especially small, disadvantaged businesses, 
     to--
       (1) develop increased research and development capacity;
       (2) increase the number of baccalaureate and graduate 
     degree holders in science, technology, engineering, 
     mathematics (STEM), and information technology or other 
     fields critical to the mission of the Coast Guard; and
       (3) strengthen instructional ability among faculty.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated $2,500,000 to the Commandant to carry out 
     this section, including for instrumentation acquisition and 
     funding undergraduate student scholarships, graduate 
     fellowships, and faculty-post doctoral study.

     SEC. 904. DEFINITION.

       For purposes of this title, the terms ``minority serving 
     institution'', ``minority serving institutions'', and ``MSI'' 
     mean a historically Black college or university (as defined 
     in section 322 of the Higher Education Act of 1965), a 
     Hispanic-serving institution (as defined in section 502 of 
     such Act), a Tribal College or University (as defined in 
     section 316 of such Act), a Predominantly Black institution 
     (as defined in section 499A(c) of such Act), or a Native 
     American-serving nontribal institution (as defined in section 
     499A(c) of such Act).

        TITLE X--APPEALS TO NATIONAL TRANSPORTATION SAFETY BOARD

     SEC. 1001. RIGHTS OF APPEAL REGARDING LICENSES, CERTIFICATES 
                   OF REGISTRY, AND MERCHANT MARINERS' DOCUMENTS.

       (a) Denial of Issuance or Renewal.--
       (1) Licenses and certificates of registry.--Section 7101 of 
     title 46, United States Code, is amended by adding at the end 
     the following new subsection:
       ``(j) Appeals to the National Transportation Safety 
     Board.--
       ``(1) In general.--An individual whose application for the 
     issuance or renewal of a license or certificate of registry 
     has been denied under this chapter by the Secretary may 
     appeal that decision to the National Transportation Safety 
     Board, unless the individual holds a license or certificate 
     that--
       ``(A) is suspended at the time of the denial; or
       ``(B) was revoked within the one-year period ending on the 
     date of the denial.
       ``(2) Procedure.--The Board shall conduct a hearing on the 
     appeal. The Board is not bound by findings of fact of the 
     Secretary but is bound by all validly adopted interpretations 
     of laws and regulations the Secretary carries out unless the 
     Board finds an interpretation is arbitrary, capricious, or 
     otherwise not according to law. At the end of the hearing, 
     the Board shall decide whether the individual meets the 
     requirements for issuance or renewal of the license or 
     certificate of registry under applicable regulations and 
     standards. The Secretary is bound by the Board's decision.''.
       (2) Merchant mariners' documents.--Section 7302 of title 
     46, United States Code, is amended by adding at the end the 
     following new subsection:
       ``(h) Appeals to the National Transportation Safety 
     Board.--
       ``(1) In general.--An individual whose application for the 
     issuance or renewal of a merchant mariners' document has been 
     denied under this chapter by the Secretary may appeal that 
     decision to the National Transportation Safety Board, unless 
     the individual holds a merchant mariners' document that--
       ``(A) is suspended at the time of the denial; or
       ``(B) was revoked within the one-year period ending on the 
     date of denial.
       ``(2) Procedure.--The Board shall conduct a hearing on the 
     appeal. The Board is not bound by findings of fact of the 
     Secretary but is bound by all validly adopted interpretations 
     of laws and regulations the Secretary

[[Page H2709]]

     carries out unless the Board finds an interpretation is 
     arbitrary, capricious, or otherwise not according to law. At 
     the end of the hearing, the Board shall decide whether the 
     individual meets the requirements for issuance or renewal of 
     the document under applicable regulations and standards. The 
     Secretary is bound by the Board's decision.''.
       (b) Suspension and Revocation.--Chapter 77 of title 46, 
     United States Code, is amended--
       (1) in section 7702--
       (A) by striking subsection (b); and
       (B) by redesignating subsections (c) and (d) as subsections 
     (b) and (c), respectively;
       (2) by adding at the end the following new sections:

     ``Sec. 7707. Appeals to the National Transportation Safety 
       Board

       ``(a) In General.--An individual whose license, certificate 
     of registry, or merchant mariners' document has been 
     suspended or revoked under this chapter by the Secretary may 
     appeal that decision within 30 days to the National 
     Transportation Safety Board. The Board shall affirm or 
     reverse the order after providing notice and an opportunity 
     for a hearing on the record. In conducting the hearing under 
     this section, the Board is not bound by findings of fact of 
     the Secretary but is bound by all validly adopted 
     interpretations of laws and regulations the Secretary carries 
     out and of written agency policy guidance available to the 
     public related to sanctions to be imposed under this section, 
     unless the Board finds an interpretation is arbitrary, 
     capricious, or otherwise not according to law.
       ``(b) Effectiveness of Order Pending Appeal.--
       ``(1) In general.--Except as provided in paragraph (2), 
     upon the filing by an individual of an appeal with the Board 
     under this subsection, the order of the Secretary suspending 
     or revoking the license, certificate of registry, or merchant 
     mariners' document is stayed.
       ``(2) Exception.--If the Secretary notifies the Board that 
     the Secretary has determined there exists an emergency 
     affecting safety in maritime transportation requires the 
     immediate effectiveness of the order--
       ``(A) the order shall remain in effect pending disposition 
     of the appeal;
       ``(B) the Board shall make a final disposition of the 
     appeal not later than 60 days after the Secretary so notifies 
     the Board; and
       ``(C) if the Board does not act within such 60-day period, 
     the order shall continue in effect unless modified by the 
     Secretary.
       ``(c) Review of Emergency Order.--A person affected by the 
     immediate effectiveness of the Secretary's order under 
     subsection (b)(2) may petition for a review by the Board 
     under procedures promulgated by the Board of the Secretary's 
     determination that an emergency exists. Such petition shall 
     be filed with the Board not later than 48 hours after the 
     order is received by the person. If the Board finds that an 
     emergency does not exist that requires the immediate 
     application of the order in the interest of safety in 
     maritime transportation, the order shall be stayed, 
     notwithstanding subsection (b). The Board shall dispose of a 
     petition under this subsection not later than 5 days after 
     the date on which the petition is filed.
       ``(d) Judicial Review.--An individual who is substantially 
     affected by an order of the Board under this section, or the 
     Secretary if the Secretary decides that an order of the Board 
     will have a significant adverse effect on carrying out this 
     part, may obtain judicial review of the order. The Secretary 
     shall be made a party to the judicial review proceedings. In 
     those proceedings, findings of fact of the Board are 
     conclusive if supported by substantial evidence.

     ``Sec. 7708. Limitations on the Coast Guard's conduct of 
       administrative proceedings

       ``The Coast Guard shall not conduct any administrative 
     proceeding under section 7101, 7302, 7503, chapter 77, or 
     section 9303 of this title under any contractual relationship 
     or interagency agreement with the National Transportation 
     Safety Board after October 1, 2009.''; and
       (3) in the analysis at the beginning of the chapter by 
     adding at the end the following new items:

``Sec. 7707. Appeals to the National Transportation Safety Board.
``Sec. 7708. Limitations on the Coast Guard's conduct of administrative 
              proceedings.''.

       (c) Effective Date.--This section shall take effect on 
     October 1, 2008.

     SEC. 1002. AUTHORITIES OF NATIONAL TRANSPORTATION SAFETY 
                   BOARD.

       (a) Review of Other Agency Action.--Section 1133 of title 
     49, United States Code, is amended by striking paragraph (3) 
     and inserting the following:
       ``(3) the denial, amendment, modification, suspension, or 
     revocation of a license, certificate, document, or register 
     in a proceeding under section 7101, 7302, 7503, or 9303, or 
     chapter 77, of title 46; and''.
       (b) Judicial Review.--
       (1) In general.--Section 1153 of title 49, United States 
     Code, is amended--
       (A) in the heading for subsection (b) by inserting ``and 
     maritime'' after ``aviation''; and
       (B) by adding at the end the following new subsection:
       ``(d) Secretary Seeking Judicial Review of Maritime 
     Matters.--If the Secretary of the department in which the 
     Coast Guard is operating decides that an order of the Board 
     under chapter 77 of title 46 will have a significant impact 
     on carrying out this chapter with respect to a maritime 
     matter, the Secretary may obtain judicial review of the 
     order. Findings of fact of the Board are conclusive in those 
     proceedings if supported by substantial evidence.''.
       (c) Effective Date.--This section shall take effect on 
     October 1, 2008.

     SEC. 1003. TRANSFER OF PENDING APPEALS TO THE NATIONAL 
                   TRANSPORTATION SAFETY BOARD.

       (a) Administration of Pending Docket.--
       (1) Transfer of pending cases.--On October 1, 2008, any 
     pending cases remaining undecided by the Coast Guard Office 
     of Administrative Law Judges shall be transferred to the 
     National Transportation Safety Board for adjudication. Such 
     cases shall be sequenced into the docket of the National 
     Transportation Safety Board Office of Administrative Law 
     Judges in the same order as the dates of filing with the 
     Coast Guard.
       (2) Detail of administrative law judges.--The Secretary of 
     the department in which the Coast Guard is operating shall, 
     if requested by the Chairman of the National Transportation 
     Safety Board, make available to the Board via temporary 
     detail not to exceed 180 days, and thereafter at the 
     discretion of the Secretary, Administrative Law Judges 
     currently employed by the Coast Guard sufficient to address 
     the docket of maritime enforcement cases transferred by this 
     subsection to the National Transportation Safety Board and 
     those subsequently filed with the National Transportation 
     Safety Board.
       (3) Administrative assistance.--The Secretary of the 
     department in which the Coast Guard is operating shall, if 
     requested by the Chairman of the National Transportation 
     Safety Board, make available assistance from the 
     administrative offices of the Coast Guard Office of the 
     Administrative Law Judges sufficient administrative personnel 
     and other resources adequate to effect an orderly transfer of 
     pending cases to the National Transportation Safety Board.
       (b) Transfer of Funds.--For each of fiscal years 2009 and 
     2010, 80 percent of all funding appropriated for the Coast 
     Guard's Office of Administrative Law Judges shall be 
     transferred as an interagency transfer to the National 
     Transportation Safety Board and used for the Safety Board 
     Office of Administrative Law Judges.
       (c) Maritime Enforcement Appeals Activity.--
       (1) In general.--The National Transportation Safety Board 
     may establish within the National Transportation Safety Board 
     Office of Administrative Law Judges a maritime enforcement 
     appeals activity, to operate in concert or parallel with the 
     aviation enforcement appeals activity currently existing, 
     sufficient to handle maritime enforcement appeals under title 
     46, United States Code, as amended by this title.
       (2) Filling of administrative law judge positions.--Any 
     Administrative Law Judge position established by the National 
     Transportation Safety Board to address the cases and 
     responsibilities transferred under this section shall be 
     filled through the established Administrative Law Judge 
     hiring process.
       (3) Limitation on effect.--This section shall not be 
     construed--
       (A) to transfer from the Coast Guard any personnel, 
     offices, or equipment funded under this provision; or
       (B) to authorize requiring any person to transfer from the 
     Coast Guard to the National Transportation Safety Board.
       (4) Exemption from regulations relating to reductions in 
     force.--Any redesignation of agency responsibilities under 
     this title is exempt from subpart C of part 351 of title 5, 
     Code of Federal Regulations, and does not constitute a 
     transfer of function (as that term is defined in section 
     351.203 of that title) for purposes of that subpart.

     SEC. 1004. RULEMAKING REQUIREMENTS.

       (a) Interim Final Rule.--The National Transportation Safety 
     Board shall issue an interim final rule as a temporary 
     regulation implementing this title (including the amendments 
     made by this title) as soon as practicable after the date of 
     enactment of this Act, without regard to chapter 5 of title 
     5, United States Code. All regulations prescribed under the 
     authority of this subsection that are not earlier superseded 
     by final regulations shall expire not later than 1 year after 
     the date of enactment of this Act.
       (b) Initiation of Rulemaking.--The Board may initiate a 
     rulemaking to implement this title (including the amendments 
     made by this title) as soon as practicable after the date of 
     enactment of this Act. The final rule issued pursuant to that 
     rulemaking may supersede the interim final rule issued under 
     this section.

     SEC. 1005. ADMINISTRATIVE LAW JUDGE RECRUITING PROGRAM.

       (a) In General.--Within 60 days after the date of enactment 
     of this Act, the Secretary of the department in which the 
     Coast Guard is operating shall establish a program to recruit 
     qualified individuals from appropriate sources in an effort 
     to achieve a workforce drawn from all segments of society in 
     the Coast Guard's Administrative Law Judge program. This 
     program shall include--
       (1) improved outreach efforts to include organizations 
     outside the Federal Government in order to increase the 
     number of minority candidates in the selection pool for 
     Administrative Law Judges from which the Coast Guard selects 
     their judges; and

[[Page H2710]]

       (2) recruitment of minority candidates for Coast Guard 
     Administrative Law Judges from other Federal agencies.
       (b) Report.--The Secretary shall provide a report to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate by October 1 of each year 
     detailing the activities of the Coast Guard to comply with 
     the requirements of this section.

                        TITLE XI--MARINE SAFETY

     SEC. 1101. MARINE SAFETY.

       (a) Establish Marine Safety as a Coast Guard Function.--
     Chapter 5 of title 14, United States Code, is further amended 
     by adding at the end the following new section:

     ``Sec. 100. Marine safety

       ``To protect life, property, and the environment on, under, 
     and over waters subject to the jurisdiction of the United 
     States and on vessels subject to the jurisdiction of the 
     United States, the Commandant shall promote maritime safety 
     as follows:
       ``(1) By taking actions necessary and in the public 
     interest to protect such life, property, and the environment.
       ``(2) Based on the following priorities:
       ``(A) Preventing marine casualties and threats to the 
     environment.
       ``(B) Minimizing the impacts of marine casualties and 
     environmental threats.
       ``(C) Maximizing lives and property saved and environment 
     protected in the event of a marine casualty.''.
       (b) Clerical Amendment.--The analysis at the beginning of 
     such chapter is amended by adding at the end the following 
     new item:

``100. Marine safety.''.

     SEC. 1102. MARINE SAFETY STAFF.

       (a) In General.--Chapter 3 of title 14, United States Code, 
     is further amended by adding at the end the following new 
     section:

     ``Sec. 57. Marine safety staff

       ``(a) Assistant Commandant for Marine Safety.--(1) There 
     shall be in the Coast Guard an Assistant Commandant for 
     Marine Safety who shall be a Rear Admiral or civilian from 
     the Senior Executive Service (career reserved) selected by 
     the Secretary.
       ``(2) The Assistant Commandant for Marine Safety shall 
     serve as the principal advisor to the Commandant regarding 
     marine safety, and carry out the duties and powers delegated 
     and imposed by the Secretary under section 631(b).
       ``(b) Chief of Marine Safety.--(1) There shall be in each 
     Coast Guard sector a Chief of Marine Safety who--
       ``(A) shall be at least a Commander or civilian at level 
     GS-14; and
       ``(B) shall be colocated with the Coast Guard officer in 
     command of that sector.
       ``(2) The chief of marine safety for a sector--
       ``(A) is responsible for all individuals who, on behalf of 
     the Coast Guard, inspect or examine vessels, conduct marine 
     casualty investigations, or perform other marine safety 
     responsibilities defined in section 631(b) in the sector; and
       ``(B) if not the Coast Guard officer in command of that 
     sector, is the principle advisor to that officers regarding 
     marine safety matters in that sector.
       ``(c) Qualifications.--(1) The Assistant Commandant for 
     Marine Safety and the Chiefs of Marine Safety of sectors, and 
     all marine safety inspectors, investigators, examiners, and 
     other professional staff assigned to the marine safety 
     program of the Coast Guard, shall be appointed on the basis 
     of their--
       ``(A) knowledge, skill, and practical experience in--
       ``(i) the construction and operation of commercial vessels; 
     and
       ``(ii) judging the character, strength, stability, and 
     safety qualities of such vessels and their equipment; and
       ``(B) knowledge about the qualifications and training of 
     vessel personnel.
       ``(2) Marine inspectors shall have the training, 
     experience, and qualifications equivalent to that required 
     for a surveyor of a similar position of a classification 
     society recognized by the Secretary under section 3316 of 
     title 46 for the type of vessel, system, or equipment that is 
     inspected.
       ``(3) Marine casualty investigators shall have the 
     training, experience, and qualifications in investigation, 
     accident reconstruction, human factors, and documentation 
     equivalent to that required for a marine casualty 
     investigator of the National Transportation Safety Board.
       ``(4) The Chief of Marine Safety of a sector shall be a 
     qualified marine casualty investigator and marine inspector 
     qualified to inspect vessels, vessel systems, and equipment 
     commonly found in the sector.
       ``(5) Each individual signing a letter of qualification for 
     marine safety personnel must hold a letter of qualification 
     for the type they are signing.
       ``(6) The Assistant Commandant for Marine Safety shall be a 
     qualified marine casualty investigator and a marine inspector 
     qualified for types of vessels, vessel systems, and 
     equipment.

     ``Sec. 58. Limited duty officers

       ``(a) Establishment.--The Commandant shall establish in the 
     Coast Guard a limited duty officer program for marine safety.
       ``(b) Officer Eligibility.--(1) Only commissioned officers 
     in the Coast Guard with grade not above commander and chief 
     warrant officers who have more than four years of marine 
     safety experience may serve as limited duty officers under 
     such program.
       ``(2) The Commandant may establish other limitations on 
     eligibility that the Commandant believes are necessary for 
     the good of the marine safety program.
       ``(3) Notwithstanding section 41a and chapter 11 of this 
     title, the Commandant shall, by regulation, establish 
     procedures pertaining to--
       ``(A) the promotion of commissioned officers and chief 
     warrant officers who serve as limited duty officers, 
     including the maintenance of a separate promotion list for 
     commissioned officers who serve as limited duty officers;
       ``(B) the discharge, retirement, and revocation of 
     commissions of such officers; and
       ``(C) the separation for cause of such officers.
       ``(4) The Commandant shall ensure that the procedures 
     promulgated under paragraph (3)(A) encourage a specialization 
     in marine safety and do not, in any way, inhibit or prejudice 
     the orderly promotion or advancement of commissioned officers 
     and chief warrant officers who serve as limited duty 
     officers.
       ``(5) The Commandant shall, by regulation, prescribe a step 
     increase in the pay system for limited duty officers in the 
     marine safety program.
       ``(c) Recruitment.--(1) The Commandant shall, by 
     regulation, establish procedures pertaining to the 
     recruitment of graduates from the United States Merchant 
     Marine Academy and the State maritime colleges and 
     individuals holding licenses issued under chapter 71 of title 
     46 to serve as limited duty officers.
       ``(2) Not later than the date of the submission of the 
     President's budget request under section 1105 of title 31 for 
     each fiscal year, the Commandant shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate a report on the Coast 
     Guard's efforts to recruit graduates from the United States 
     Merchant Marine Academy and the State maritime colleges and 
     individuals holding licenses issued under chapter 71 of title 
     46 to serve as limited duty officers. The report shall 
     include information on the number of graduates recruited, the 
     lengths of service, the retention rates, and other activities 
     undertaken by the Coast Guard to sustain or increase the 
     numbers of recruits and officers.

     ``Sec. 59. Center for Expertise for Marine Safety

       ``(a) Establishment.--The Commandant of the Coast Guard may 
     establish and operate a one or more Centers for Expertise for 
     Marine Safety (in this section referred to as a `Center').
       ``(b) Missions.--The Centers shall--
       ``(1) be used to provide and facilitate education, 
     training, and research in marine safety including vessel 
     inspection and casuality investigation;
       ``(2) develop a repository of information on marine safety; 
     and
       ``(3) perform any other missions as the Commandant may 
     specify.
       ``(c) Joint Operation With Educational Institution 
     Authorized.--The Commandant may enter into an agreement with 
     an appropriate official of an institution of higher education 
     to--
       ``(1) provide for joint operation of a Center; and
       ``(2) provide necessary administrative services for a 
     Center, including administration and allocation of funds.
       ``(d) Acceptance of Donations.--(1) Except as provided in 
     paragraph (2), the Commandant may accept, on behalf of a 
     Center, donations to be used to defray the costs of the 
     Center or to enhance the operation of the Center. Those 
     donations may be accepted from any State or local government, 
     any foreign government, any foundation or other charitable 
     organization (including any that is organized or operates 
     under the laws of a foreign country), or any individual.
       ``(2) The Commandant may not accept a donation under 
     paragraph (1) if the acceptance of the donation would 
     compromise or appear to compromise--
       ``(A) the ability of the Coast Guard or the department in 
     which the Coast Guard is operating, any employee of the Coast 
     Guard or the department, or any member of the armed forces to 
     carry out any responsibility or duty in a fair and objective 
     manner; or
       ``(B) the integrity of any program of the Coast Guard, the 
     department in which the Coast Guard is operating, or of any 
     person involved in such a program.
       ``(3) The Commandant shall prescribe written guidance 
     setting forth the criteria to be used in determining whether 
     or not the acceptance of a donation from a foreign source 
     would have a result described in paragraph (2).

     ``Sec. 60. Marine industry training program.

       ``(a) In General.--The Commandant shall, by policy, 
     establish a program under which an officer, member, or 
     employee of the Coast Guard may be assigned to a private 
     entity to further the institutional interests of the Coast 
     Guard with regard to marine safety, including for the purpose 
     of providing training to an officer, member, or employee. 
     Policies to carry out the program--
       ``(1) with regard to an employee of the Coast Guard, shall 
     include provisions, consistent with sections 3702 through 
     3704 of title 5, as to matters concerning--
       ``(A) the duration and termination of assignments;
       ``(B) reimbursements; and
       ``(C) status, entitlements, benefits, and obligations of 
     program participants; and

[[Page H2711]]

       ``(2) shall require the Commandant, before approving the 
     assignment of an officer, member, or employee of the Coast 
     Guard to a private entity, to determine that the assignment 
     is an effective use of the Coast Guard's funds, taking into 
     account the best interests of the Coast Guard and the costs 
     and benefits of alternative methods of achieving the same 
     results and objectives.
       ``(b) Annual Report.--Not later than the date of the 
     submission each year of the President's budget request under 
     section 1105 of title 31, the Commandant shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate a report that describes--
       ``(1) the number of officers, members, and employees of the 
     Coast Guard assigned to private entities under this section;
       ``(2) the specific benefit that accrues to the Coast Guard 
     for each assignment.''.
       (b) Certificates of Inspection.--Section 3309 of title 46, 
     United States Code, is amended by adding at the end the 
     following:
       ``(d) A certificate of inspection issued under this section 
     shall be signed by the individuals that inspected the 
     vessel.''.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new items:

``57. Marine safety staff.
``58. Limited duty officers.
``59. Center for Expertise for Marine Safety.
``60. Marine industry training program.''.

     SEC. 1103. MARINE SAFETY MISSION PRIORITIES AND LONG TERM 
                   GOALS.

       (a) In General.--Chapter 21 of title 46, United States 
     Code, is further amended by adding after section 2116, as 
     added by section 313 of this Act, the following new section:

     ``Sec. 2117. Marine Safety Strategy, goals, and performance 
       assessments

       ``(a) Long-Term Strategy and Goals.--In conjunction with 
     existing federally required strategic planning efforts, the 
     Secretary shall develop a long-term strategy for improving 
     vessel safety and the safety of individuals on vessels. The 
     strategy shall include the issuance each year of an annual 
     plan and schedule for achieving the following goals:
       ``(1) Reducing the number and rates of marine casualties.
       ``(2) Improving the consistency and effectiveness of vessel 
     and operator enforcement and compliance programs.
       ``(3) Identifying and targeting enforcement efforts at 
     high-risk vessels and operators.
       ``(4) Improving research efforts to enhance and promote 
     vessel and operator safety and performance.
       ``(b) Contents of Strategy and Annual Plans.--
       ``(1) Measurable goals.--The strategy and annual plans 
     shall include specific numeric or measurable goals designed 
     to achieve the goals set forth in subsection (a). The 
     purposes of the numeric or measurable goals are the 
     following:
       ``(A) To increase the number of safety examinations on all 
     high-risk vessels.
       ``(B) To eliminate the backlog of marine safety-related 
     rulemakings.
       ``(C) To improve the quality and effectiveness of marine 
     safety information databases by ensuring that all Coast Guard 
     personnel accurately and effectively report all safety, 
     casualty, and injury information.
       ``(D) To provide for a sufficient number of Coast Guard 
     marine safety personnel, and provide adequate facilities and 
     equipment to carry out the powers and duties delegated and 
     imposed by the Secretary under section 631(b).
       ``(2) Resource needs.--The strategy and annual plans shall 
     include estimates of--
       ``(A) the funds and staff resources needed to accomplish 
     each activity included in the strategy and plans; and
       ``(B) the staff skills and training needed for timely and 
     effective accomplishment of each goal.
       ``(c) Submission With the President's Budget.--Beginning 
     with fiscal year 2010 and each fiscal year thereafter, the 
     Secretary shall submit to Congress the strategy and annual 
     plan at the same time as the President's budget submission 
     under section 1105 of title 31.
       ``(d) Achievement of Goals.--
       ``(1) Progress assessment.--No less frequently than 
     semiannually, the Coast Guard Commandant and the Assistant 
     Commandant for Marine Safety shall jointly assess the 
     progress of the Coast Guard toward achieving the goals set 
     forth in subsection (b). The Commandant and the Assistant 
     Commandant shall jointly convey their assessment to the 
     employees of the Assistant Commandant and shall identify any 
     deficiencies that should be remedied before the next progress 
     assessment.
       ``(2) Report to congress.--The Secretary shall report 
     annually to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate--
       ``(A) on the performance of the marine safety program in 
     achieving the goals of the marine safety strategy and annual 
     plan under subsection (a) for the year covered by the report;
       ``(B) on the program's mission performance in achieving 
     numerical measurable goals established under subsection (b); 
     and
       ``(C) recommendations on how to improve performance of the 
     program.''.
       (b) Clerical Amendment.--The analysis for such chapter is 
     amended by adding at the end the following new item:

``2117. Marine Safety Strategy, goals, and performance assessments.''.

     SEC. 1104. POWERS AND DUTIES.

       Section 631 of title 14, United States Code, is amended--
       (1) by inserting ``(a)'' before the first sentence; and
       (2) by adding at the end the following new subsection:
       ``(b) The Assistant Commandant for Marine Safety shall 
     serve as the principle advisor to the Commandant regarding--
       ``(1) the operation, regulation, inspection, 
     identification, manning, and measurement of vessels, 
     including plan approval and the application of load lines;
       ``(2) approval of materials, equipment, appliances, and 
     associated equipment;
       ``(3) the reporting and investigation of marine casualties 
     and accidents;
       ``(4) the licensing, certification, documentation, 
     protection and relief of merchant seamen;
       ``(5) suspension and revocation of licenses and 
     certificates;
       ``(6) enforcement of manning requirements, citizenship 
     requirements, control of log books;
       ``(7) documentation and numbering of vessels;
       ``(8) State boating safety programs;
       ``(9) commercial instruments and maritime liens;
       ``(10) the administration of bridge safety;
       ``(11) administration of the navigation rules;
       ``(12) the prevention of pollution from vessels;
       ``(13) ports and waterways safety;
       ``(14) waterways management; including regulation for 
     regattas and marine parades;
       ``(15) aids to navigation; and
       ``(16) other duties and powers of the Secretary related to 
     marine safety and stewardship.
       ``(c) Other Authority Not Affected.--Nothing in subsection 
     (b) affects--
       ``(1) the authority of Coast Guard officers and members to 
     enforce marine safety regulations using authority under 
     section 89 of this title; or
       ``(2) the exercise of authority under section 91 of this 
     title and the provisions of law codified at sections 191 
     through 195 of title 50 on the date of enactment of this 
     paragraph.''.

     SEC. 1105. APPEALS AND WAIVERS.

       (a) In General.--Chapter 5 of title 14, United States Code, 
     is further amended by inserting at the end the following new 
     section:

     ``Sec. 102. Appeals and waivers

       ``Except for the Commandant of the Coast Guard, any 
     individual adjudicating an appeal of a decision or granting a 
     waiver regarding marine safety, including inspection or 
     manning and threats to the environment, shall be a qualified 
     specialist with the training, experience and qualifications 
     in marine safety to judge the facts and circumstances 
     involved in the appeal or waiver and make a judgment 
     regarding the merits of the appeal or waiver. In the case of 
     an appeal or waiver involving an inspected vessel, vessel 
     systems or equipment, the individual shall hold a letter of 
     qualification to inspect the type of vessel, vessel systems 
     or equipment involved in the appeal or waiver.''.
       (b) Clerical Amendment.--The analysis for such chapter is 
     further amended by adding at the end the following new item:

``102. Appeals and waivers.''.

     SEC. 1106. COAST GUARD ACADEMY.

       (a) In General.--Chapter 9 of title 14, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 199. Marine safety curriculum

       ``The Commandant of the Coast Guard shall ensure that 
     professional courses of study in marine safety are provided 
     at the Coast Guard Academy, and during other officer 
     accession programs, to give Coast Guard cadets and other 
     officer candidates a background and understanding of the 
     marine safety program. These courses may include such topics 
     as program history, vessel design and construction, vessel 
     inspection, casualty investigation, and administrative law 
     and regulations.''.
       (b) Clerical Amendment.--The analysis for such chapter is 
     further amended by adding at the end the following new item:

``199. Marine safety curriculum.''.

     SEC. 1107. GEOGRAPHIC STABILITY.

       (a) In General.--Chapter 11 of title 14, United States 
     Code, is further amended by inserting after section 336 the 
     following new section:

     ``Sec. 337. Geographic stability

       ``The Commandant shall establish procedures that provide 
     geographic stability to interested Coast Guard officers, 
     employees, and members assigned to the marine safety program 
     carried out under section 100 who have a minimum of 10 years 
     of service in the marine safety program.''.
       (b) Clerical Amendment.--The analysis for such chapter is 
     further amended by adding at the end the following new item:

``337. Geographic stability.''.

     SEC. 1108. APPRENTICE PROGRAM.

       (a) In General.--Chapter 11 of title 14, United States 
     Code, is further amended by inserting after section 337, as 
     added by section 1107 of this Act, the following new section:

     ``Sec. 338. Apprentice program

       ``Any officer, member, or employee of the Coast Guard in 
     training to become a marine

[[Page H2712]]

     inspector shall serve a minimum of one-year apprenticeship, 
     unless otherwise directed by the Commandant of the Coast 
     Guard, under the guidance of a qualified inspector before 
     conducting unsupervised inspections of vessels under part B 
     of subtitle II of title 46. The Commandant may authorize 
     shorter apprentice periods for certain qualifications, as 
     appropriate.''.
       (b) Clerical Amendment.--The analysis for such chapter is 
     further amended by adding at the end the following new item:

``338. Apprentice program.''.

     SEC. 1109. REPORT REGARDING CIVILIAN MARINE INSPECTORS.

       Not later than one year after the date of enactment of this 
     Act, the Commandant of the Coast Guard shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate a report on Coast Guard's 
     efforts to recruit and retain civilian marine inspectors and 
     investigators and the impact of such recruitment and 
     retention efforts on Coast Guard organizational performance.

  The CHAIRMAN. No amendment to that amendment shall be in order except 
those printed in part B of the report. Each amendment may be offered 
only in the order printed in the report, may be offered only by a 
Member designated in the report, shall be considered read, debatable 
for the time specified in the report, equally divided and controlled by 
the proponent and an opponent, shall not be subject to amendment, and 
shall not be subject to a demand for division of the question.


                Amendment No. 1 Offered by Mr. Oberstar

  The CHAIRMAN. It is now in order to consider amendment No. 1 printed 
in House Report 110-604.
  Mr. OBERSTAR. Mr. Chairman, I rise in strong support of the manager's 
amendment.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part B amendment No. 1 offered by Mr. Oberstar:
       At the end of title II add the following:

     SEC. __. POLICY ON SEXUAL HARASSMENT AND SEXUAL VIOLENCE AT 
                   THE COAST GUARD ACADEMY.

       (a) Required Policy.--Under guidance prescribed by the 
     Secretary of the department in which the Coast Guard is 
     operating, the Commandant of the Coast Guard shall direct the 
     Superintendent of the Coast Guard Academy to prescribe a 
     policy on sexual harassment and sexual violence applicable to 
     the cadets and other personnel of the Academy.
       (b) Matters to Be Specified in Policy.--The policy on 
     sexual harassment and sexual violence prescribed under this 
     section shall include specification of the following:
       (1) Programs to promote awareness of the incidence of rape, 
     acquaintance rape, and other sexual offenses of a criminal 
     nature that involve cadets or other Academy personnel.
       (2) Procedures that a cadet should follow in the case of an 
     occurrence of sexual harassment or sexual violence, 
     including--
       (A) if the cadet chooses to report an occurrence of sexual 
     harassment or sexual violence, a specification of the person 
     or persons to whom the alleged offense should be reported and 
     the options for confidential reporting;
       (B) a specification of any other person whom the victim 
     should contact; and
       (C) procedures on the preservation of evidence potentially 
     necessary for proof of criminal sexual assault.
       (3) Procedures for disciplinary action in cases of alleged 
     criminal sexual assault involving a cadet or other Academy 
     personnel.
       (4) Any other sanction authorized to be imposed in a 
     substantiated case of sexual harassment or sexual violence 
     involving a cadet or other Academy personnel in rape, 
     acquaintance rape, or any other criminal sexual offense, 
     whether forcible or nonforcible.
       (5) Required training on the policy for all cadets and 
     other Academy personnel, including the specific training 
     required for personnel who process allegations of sexual 
     harassment or sexual violence involving Academy personnel.
       (c) Annual Assessment.--
       (1) The Secretary, through the Commandant of the Coast 
     Guard, shall direct the Superintendent of the Coast Guard 
     Academy to conduct an assessment during each Academy program 
     year to determine the effectiveness of the Academy's 
     policies, training, and procedures on sexual harassment and 
     sexual violence involving cadets and other Academy personnel.
       (2) For the assessment for each of the 2009, 2010, 2011, 
     2012, and 2013 Academy program years, the Superintendent 
     shall conduct a survey of all Academy personnel--
       (A) to measure--
       (i) the incidence, during that program year, of sexual 
     harassment and sexual violence events, on or off the Academy 
     reservation, that have been reported to officials of the 
     Academy; and
       (ii) the incidence, in that program year, of sexual 
     harassment and sexual violence events, on or off the Academy 
     reservation, that have not been reported to officials of the 
     Academy; and
       (B) to assess the perceptions of Academy personnel on--
       (i) the policies, training, and procedures on sexual 
     harassment and sexual violence involving Academy personnel;
       (ii) the enforcement of such policies;
       (iii) the incidence of sexual harassment and violence 
     involving Academy personnel in such program year; and
       (iv) any other issues relating to sexual harassment and 
     violence involving Academy personnel.
       (d) Annual Report.--
       (1) The Commandant of the Coast Guard shall direct the 
     Superintendent of the Coast Guard Academy to submit to the 
     Commandant a report on sexual harassment and sexual violence 
     involving Academy personnel for each of the 2009, 2010, 2011, 
     2012, and 2013 Academy program years.
       (2) The annual report under paragraph (1) shall contain, 
     for the Academy program year covered by the report, the 
     following matters:
       (A) The number of sexual assaults, rapes, and other sexual 
     offenses involving Academy personnel that have been reported 
     to Academy officials during the program year, and the number 
     of the reported cases that have been substantiated.
       (B) The policies, procedures, and processes implemented by 
     the Commandant of the Coast Guard and the leadership of the 
     Coast Guard Academy in response to sexual harassment and 
     sexual violence involving Academy personnel during the 
     program year.
       (C) In the report for the 2009 Academy program year, a 
     discussion of the survey conducted under subsection (b), 
     together with an analysis of the results of the survey and a 
     discussion of any initiatives undertaken on the basis of such 
     results and analysis.
       (D) In the report for each of the subsequent Academy 
     program years, the results of the annual survey conducted in 
     such program year under subsection (b).
       (E) A plan for the actions that are to be taken in the 
     following Academy program year regarding prevention of and 
     response to sexual harassment and sexual violence involving 
     Academy personnel.
       (3) The Commandant of the Coast Guard shall transmit the 
     annual report on the Coast Guard Academy required under this 
     subsection, together with the Commandant's comments on the 
     report, to the Secretary and the Board of Visitors of the 
     Academy.
       (4) The Secretary shall transmit the annual report, 
     together with the Secretary's comments on the report, to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate.
       (5) The report for the 2009 Academy program year for the 
     Academy shall be submitted to the Commandant of the Coast 
     Guard not later than one year after the date of the enactment 
     of this Act.
       (6) In this subsection, the term ``Academy program year'' 
     with respect to a year, means the Academy program year that 
     ends in that year.
       At the end of title II add the following:

     SEC. __. HOME PORT OF COAST GUARD VESSELS IN GUAM.

       Section 96 of title 14, United States Code, is amended--
       (1) by striking ``a State of the United States'' and 
     inserting ``the United States or Guam''; and
       (2) by inserting ``or Guam'' after ``outside the United 
     States''.
       At the end of title III add the following:

     SEC. __. DELEGATION OF AUTHORITY TO CLASSIFICATION SOCIETIES 
                   REGARDING OFFSHORE FACILITIES.

       Section 3316 of title 46, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(d)(1) The Secretary may delegate to the American Bureau 
     of Shipping or another classification society recognized by 
     the Secretary as meeting acceptable standards for such a 
     society, for a United States offshore facility, the authority 
     to--
       ``(A) review and approve plans required for issuing a 
     certificate of inspection or certificate of compliance; and
       ``(B) conduct inspections and examinations.
       ``(2) The Secretary may make a delegation under paragraph 
     (1) to a foreign classification society only if the foreign 
     classification society has offices and maintains records in 
     the United States and--
       ``(A) if the government of the foreign country in which the 
     society is headquartered delegates that authority to the 
     American Bureau of Shipping; or
       ``(B) to the extent the government of the foreign country 
     accepts plan review, inspections, or examinations conducted 
     by the American Bureau of Shipping and provides equivalent 
     access to inspect, certify, and provide related services to 
     offshore facilities located in that country or operating 
     under the authority of that country.
       ``(3) When an inspection or examination has been delegated 
     under this subsection, the Secretary's delegate--
       ``(A) shall maintain in the United States complete files of 
     all information derived from or necessarily connected with 
     the inspection or examination for at least 2 years after the 
     United States offshore facility ceases to be certified; and
       ``(B) shall permit access to those files at all reasonable 
     times to any officer, employee, or member of the Coast Guard 
     designated--
       ``(i) as a marine inspector and serving in a position as a 
     marine inspector; or
       ``(ii) in writing by the Secretary to have access to those 
     files.

[[Page H2713]]

       ``(4) For purposes of this section--
       ``(A) the term `offshore facility' means any installation, 
     structure, or other device (including any vessel not 
     documented under chapter 121 of this title or the laws of 
     another country) that is fixed or floating, dynamically holds 
     position or is temporarily or permanently attached to the 
     seabed or subsoil under the sea, and is used for the purpose 
     of exploring for, developing, producing, or storing the 
     resources from that seabed or subsoil; and
       ``(B) the term `United States offshore facility' means any 
     offshore facility, fixed or floating, that dynamically holds 
     position or is temporarily or permanently attached to the 
     seabed or subsoil under the territorial sea of the United 
     States or the outer Continental Shelf (as that term is 
     defined in section 2 of the Outer Continental Shelf Lands Act 
     (43 U.S.C. 1331)).''.
       At the end of title III add the following:

     SEC. __. REQUIREMENT FOR PILOTS TO CARRY AND UTILIZE PORTABLE 
                   ELECTRONIC NAVIGATIONAL DEVICE.

       The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) 
     is amended by inserting after section 4A the following:

     ``SEC. 4B. PORTABLE ELECTRONIC DEVICE FOR NAVIGATION 
                   PURPOSES.

       ``(a) In General.--The Commandant of the Coast Guard may 
     issue regulations that--
       ``(1) require that any pilot licensed under subtitle II of 
     title 46, United States Code, while serving under the 
     authority of that license as pilot on a covered vessel 
     operating in waters designated in the regulation shall carry 
     and utilize a portable electronic device that is--
       ``(A) equipped for navigational purposes; and
       ``(B) capable of being connected to an Automatic 
     Identification System; and
       ``(2) require such pilots to obtain training in the use of 
     such electronic devices, and prescribe requirements for such 
     training after consultation with State or local pilotage 
     authorities on specific equipment and practices in the waters 
     designated in the regulation.
       ``(b) Determination of Need.--The Commandant shall consult 
     with State or local pilotage authorities for the waters 
     covered by the regulations to determine if the carriage and 
     use of such portable electronic devices would improve safe 
     navigation under local conditions and whether there is a need 
     for mandatory carriage requirements.
       ``(c) Covered Vessel Defined.--In this section the term 
     `covered vessel' means a self-propelled commercial vessel of 
     300 gross tons or more that does not have an electronic chart 
     prescribed under section 4A.''.
       At the end of title IV add the following:

     SEC. __. NEWTOWN CREEK, NEW YORK CITY, NEW YORK.

       (a) Study.--The Administrator of the Environmental 
     Protection Agency shall conduct a study on the public health, 
     safety, and environmental concerns related to the underground 
     petroleum spill on the Brooklyn shoreline of Newtown Creek, 
     New York City, New York, in Greenpoint, Brooklyn, New York.
       (b) Full-Site Characterization and Collection of New Field 
     Evidence.--In carrying out the study under this section, the 
     Administrator shall conduct a full-site characterization of 
     the underground petroleum spill, including the investigation, 
     collection, and analysis of new and updated data and field 
     evidence on the extent of the petroleum spill, including any 
     portion of the spill that has been diluted into surrounding 
     waters, and any surrounding soil contamination or soil vapor 
     contamination.
       (c) Report.--Not later than one year after the date of 
     enactment of this Act, the Administrator shall submit a 
     report containing the results of the study to the Committee 
     on Environment and Public Works and the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $5,000,000.
       Page 158, beginning at line 16, strike ``such information 
     to the Secretary'' and insert ``to the Secretary all the 
     entries entered in the ballast water record book during the 
     preceding month, and transmit such additional information''.
       Page 172, after line 17, insert the following:
     ``The vessels to which this paragraph applies shall conduct 
     ballast water treatment in accordance with subsection (f) 
     when it applies.

  The CHAIRMAN. Pursuant to House Resolution 1126, the gentleman from 
Minnesota (Mr. Oberstar) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Minnesota.
  Mr. OBERSTAR. Mr. Chairman, I yield myself 2 minutes.
  The manager's amendment authorizes the Coast Guard to delegate to 
classification societies the Coast Guard's authority for safety plan 
review and construction inspections of offshore oil structures. It 
allows this authority to be delegated to foreign classification 
societies to the extent that the government of the country in which the 
classification society is headquartered accepts documents prepared by 
our classification society, the American Bureau of Shipping, on behalf 
of the leaseholder, and does not limit the ABS to this process.
  I also want to thank several colleagues for agreeing to have their 
amendments incorporated into the manager's amendment to expedite 
consideration of the bill: The gentlewoman from California (Mrs. 
Tauscher); the gentlewoman from California (Ms. Loretta Sanchez); the 
gentleman from Wisconsin (Mr. Kind); the gentlewoman from Guam (Ms. 
Bordallo); and the gentleman from New York (Mr. Weiner).
  The Tauscher amendment requires federally licensed pilots to use 
portable electronic devices with navigational charts capable of being 
connected to an Automatic Identification System.
  The Sanchez amendment requires the Superintendent of the Coast Guard 
to prescribe a policy on sexual harassment and sexual violence.
  The Kind amendment deals with monthly ballast water treatment reports 
to the Secretary, requiring them. In addition, the amendment provides 
that no-ballast-on-board vessels will be required to conduct ballast 
water treatment, when applicable.
  The Bordallo amendment requires Coast Guard vessels homeported in 
Guam to be repaired at shipyards in the U.S., including Guam shipyards. 
The same requirement applies to all other Coast Guard cutters 
homeported elsewhere in the United States.
  The Weiner amendment requires the Environmental Protection Agency to 
conduct a study on health, safety and environmental concerns related to 
an underground petroleum spill on the Brooklyn, New York, shoreline.
  All those amendments are incorporated into the manager's amendment.
  Mr. Chairman, I reserve the balance of my time.
  Mr. LaTOURETTE. Mr. Chairman, I ask unanimous consent to control the 
time in opposition to the amendment, although I don't oppose the 
amendment.
  The CHAIRMAN. Without objection, the gentleman from Ohio is 
recognized for 5 minutes.
  There was no objection.
  Mr. LaTOURETTE. Mr. Chairman, I have asked for the time in opposition 
to the amendment for the purpose of engaging the distinguished chairman 
of the Transportation and Infrastructure Committee in a colloquy 
relative to the issue of recreational boating.
  Mr. Chairman, as you know, during the consideration of this measure 
before the Rules Committee, I offered several amendments related to 
discharges from recreational vessels. Those amendments were not made in 
order under the rule.
  I am still concerned about the impact the proposed regulations may 
have on more than 16 million recreational boaters in the United States. 
At the Rules Committee, you were more than gracious in suggesting that 
we would work together to develop legislation, hold hearings in the 
committee and move legislation quickly to the House on this subject.
  I would ask the chairman, and in saying this I also want to give a 
tip of the hat to Candice Miller of Michigan, who has been a real 
champion on this issue as well, but I would ask the chairman if you 
would be willing to work with us to bring legislation to the House 
floor and to get it prompt consideration, as this deadline is now 
approaching in September?
  I yield to the gentleman from Minnesota.
  Mr. OBERSTAR. I thank the gentleman for yielding.
  Most certainly. I urged the gentleman at Rules in discussions to 
introduce a bill dealing with this authority under the Clean Water Act 
so that we would have a very strong authoritative base for the 
legislation, and that we will move quickly in committee to move it 
through subcommittee, full committee and to the House floor as promptly 
as the House legislative schedule will permit.
  Mr. LaTOURETTE. Reclaiming my time, I thank the chairman very much. I 
want to thank the chairman for not only his work on the bill, the 
manager's amendment, but also this issue. I look forward to working 
with him to solve this problem which is looming out there for these 16 
million boaters that never thought they would need a discharge petition 
when they went walleye fishing on Lake Erie.

[[Page H2714]]

  Mr. Chairman, I reserve the balance of my time.
  Mr. OBERSTAR. Mr. Chairman, I yield 1 minute to the gentlewoman from 
California (Ms. Loretta Sanchez).
  Ms. LORETTA SANCHEZ of California. Mr. Chairman, I thank the 
gentleman for yielding, and I rise in support of the manager's 
amendment and the underlying bill. I want to thank Chairman Oberstar 
for including the Sanchez amendment in his manager's amendment.
  My amendment will require the United States Coast Guard Academy to 
establish comprehensive policies, training programs, surveys and 
reports on sexual harassment and sexual violence involving cadets or 
Academy personnel.

                              {time}  1145

  Several years ago, I added a similar amendment to the Department of 
Defense authorization bill to require the military academies under the 
Armed Services Committee jurisdiction to establish the same types of 
policies, and I am pleased that this amendment will ensure that all of 
our military service academies are treated the same; that they all have 
plans to prevent sexual assault, and that we know the incidents and 
allegations of sexual assault and that we know how to handle them.
  This amendment also requires the academies to conduct surveys to get 
feedback on sexual harassment and sexual violence in the workplace, and 
this amendment will help to reduce the incidents of sexual assault and 
it will make our academies safer environments.
  I urge my colleagues to support the manager's amendment.
  Mr. OBERSTAR. May I inquire whether the gentleman has further 
speakers.
  Mr. LaTOURETTE. I would advise the distinguished chairman, I have no 
other speakers and am prepared to yield back whenever you are finished.
  Mr. OBERSTAR. I yield the balance of our time to the gentleman from 
Maryland, the Chair of the subcommittee.
  Mr. CUMMINGS. I want to thank the chairman for yielding.
  Mr. Chairman, I support the amendment that you have offered, and I 
thank you again for your leadership on the Coast Guard authorization 
and all of the transportation issues that our Nation faces.
  The manager's amendment includes provisions offered by several of our 
colleagues that would make a number of important improvements to H.R. 
2830. Among other provisions, the manager's amendment would implement 
recommendations recently made by the Government Accountability Office 
to require the Commandant of the Coast Guard to prescribe a policy to 
combat sexual assault and sexual harassment at the Coast Guard Academy. 
And I do commend my colleague, Ms. Sanchez, for her hard work on this 
issue. As a member of the Naval Academy Board of Visitors, this is an 
issue that I have worked on very hard, not only there, but with regard 
to our Coast Guard Academy.
  The amendment would also allow the Coast Guard to delegate some 
regulatory functions, including facility inspections regarding offshore 
facilities, to classifications societies.
  Further, the amendment would authorize the Coast Guard to issue 
regulations to require a pilot to carry on board the vessel he or she 
is operating a computer equipped with electronic charts of the 
navigation areas the vessel will transit.
  I would strongly support this amendment, and I thank the sponsors and 
thank the chairman for sponsoring it.
  Mr. LaTOURETTE. Mr. Chairman, I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Minnesota (Mr. Oberstar).
  The amendment was agreed to.


               Amendment No. 2 Offered by Mr. LaTourette

  The CHAIRMAN. It is now in order to consider amendment No. 2 printed 
in House Report 110-604.
  Mr. LaTOURETTE. Mr. Chairman, I have an amendment at the desk made in 
order under the rule.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part B amendment No. 2 offered by Mr. LaTourette:
       In section 720 (page 257, line 10), after ``resources'' 
     insert ``, including State and local government resources 
     available in accordance with subsection (b),''.

  The CHAIRMAN. Pursuant to House Resolution 1126, the gentleman from 
Ohio (Mr. LaTourette) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Ohio.
  Mr. LaTOURETTE. Mr. Chairman, I yield myself such time as I might 
consume.
  Mr. Chairman, I indicated during the opening remarks general debate 
on this bill that this is an amendment which I cosponsored with 
Representative Boustany, and it would authorize the Coast Guard to 
consider qualified State and local security assets, personnel and 
resources, made available to a liquefied natural gas terminal when 
determining whether security resources are available to carry out 
necessary security measures.
  This language carries out an agreement that was developed in a 
colloquy with Chairman Cummings during our subcommittee's and the full 
committee's consideration of the bill.
  Mr. Chairman, all of us want to ensure the highest levels of security 
at LNG terminals and other at-risk assets. This amendment would do that 
by leveraging the collective resources of Federal, State, local, and 
private sector officials. I urge all members to support this amendment.
  I reserve the balance of my time.
  Mr. OBERSTAR. Mr. Chairman, I rise to claim time in opposition to the 
amendment, though I don't intend to oppose it.
  The CHAIRMAN. Without objection, the gentleman from Minnesota is 
recognized for 5 minutes.
  There was no objection.
  Mr. OBERSTAR. I indeed support the amendment offered by the gentleman 
from Ohio, who is our ranking member on the Coast Guard subcommittee, 
which he offers in conjunction with the distinguished gentleman from 
Louisiana (Mr. Boustany), also a very good friend and colleague and 
committee member.
  The amendment addresses section 720 of the substitute regarding 
waterside security around LNG tankers and terminals. It provides that 
the Coast Guard may consider security assets and personnel provided by 
State and local officials who are contracted for or otherwise made 
available to an LNG terminal operator in determining whether security 
resources are available to carry out our waterside security measures.
  The Coast Guard has, as we have so often discussed, limited resources 
to undertake its many missions. Partnering with State and local 
officials or contracted waterside security services will be in effect 
force multipliers for the Coast Guard. So we support that initiative.
  I reserve the balance of my time.
  Mr. LaTOURETTE. Mr. Chairman, at this time it is my pleasure to yield 
1 minute to the distinguished gentleman from New Jersey, a valuable 
member of the full committee, subcommittee, and the former Chair of the 
Coast Guard Subcommittee, Mr. LoBiondo.
  Mr. LoBIONDO. I want to thank Mr. LaTourette.
  Mr. Oberstar, let me thank you and Mr. Cummings for your very 
thoughtful approach to these critically important issues, and to Mr. 
Mica and Mr. LaTourette for your diligence in these areas.
  Mr. Chairman, I appreciate your consideration of this important 
issue, and Mr. LaTourette's thoughtful approach to making sure that we 
do not have a chilling effect on the future development of LNG in our 
country. It would effectively block the construction of a widely 
supported plant that is just north of my district that could definitely 
help provide much needed relief for home heating costs.
  The bill I believe would also have the potential to undermine our 
security by not the allowing the Coast Guard to determine the personnel 
and assets necessary to escort LNG shipments. This should be a decision 
by the Coast Guard. I believe they are best able to do this, and the 
LaTourette amendment represents a very reasonable and realistic 
compromise which will give the Coast Guard the flexibility they

[[Page H2715]]

need to ensure the security of LNG shipments as well as to deal with 
the other potential threats in our ports and waterways. I strongly urge 
all members to support the amendment.
  Mr. OBERSTAR. How much time remains?
  The CHAIRMAN. The gentleman from Minnesota has 4 minutes remaining. 
The gentleman from Ohio has 3 minutes remaining.
  Mr. OBERSTAR. I yield such time as he may consume to the 
distinguished Chair of the subcommittee, the gentleman from Maryland 
(Mr. Cummings).
  Mr. CUMMINGS. Mr. Chairman, the amendment offered by Mr. LaTourette 
and Mr. Boustany, the ranking member on the Coast Guard subcommittee, 
would amend section 720, a section that addresses waterside security 
around LNG terminals and tankers, and I fully support it.
  Subsection C of that section requires that, before the Coast Guard 
can approve a facility's security plan for a new LNG terminal, the 
service must determine that it has available to the sector in which the 
terminal is to be located the resources it needs to carry out the risk 
mitigation measures identified in the waterway suitability report for 
that terminal. This amendment would include State and local resources 
in the assessment, which is a good thing.
  With the adoption of this amendment and with the measures already 
included in subsection C, section 720, we will ensure that the Coast 
Guard's resources do not have to be diverted from other high-priority 
missions as determined by the commandant to secure LNG operations.
  The Coast Guard will be able to depend upon those State and local law 
enforcement resources that have the proven training, resources, 
personnel, equipment, and experience necessary to combat a terrorist 
attack, to conduct waterborne patrols around LNG facilities.
  I emphasize that the State and local law enforcement cannot and 
should not be seen as replacements for the Coast Guard resources, as 
the Coast Guard is our Nation's maritime time security agency.
  Further, having the Coast Guard, our trained maritime security 
agency, defend our communities from the risk of a terrorist attack on 
an LNG terminal in the neighborhood is not an unwarranted and 
unnecessary subsidy. As our Nation continues to approve new LNG 
terminals, we must commit to ensuring that all of the resources, 
particularly Coast Guard resources, necessary to secure these 
facilities are in place. I fully support the amendment.
  Mr. LaTOURETTE. Mr. Chairman, I yield myself such time as I might 
consume to, one, thank the distinguished chairmen of the subcommittee 
and the full committee for working with us to massage this language and 
for accepting our amendment.
  It is now my pleasure to yield 1 minute to the coauthor of the 
amendment with me, who spoke during the course of the general debate 
and who, when this issue was coming up, because of the importance of 
natural gas and because of the importance of natural gas in the gulf 
coast, immediately came to me and said, can we continue to work on this 
as we bring it to the floor? And I again want to commend Mr. Boustany 
and his colleagues from the gulf coast for bringing this to our 
attention.
  Mr. BOUSTANY. Mr. Chairman, I want to commend the chairman of the 
full committee, Mr. Oberstar, and the chairman of the subcommittee, Mr. 
Cummings, for working with us on this amendment. It truly was a 
bipartisan effort as we went through the process, and I think it does 
strengthen the bill overall. It is a good balanced approach. It helps 
the Coast Guard, and I think it does meet security needs. I sincerely 
thank both of you gentlemen for working with us and accepting this 
amendment.
  I also want to thank my good friend, Mr. LaTourette, the ranking 
member on the subcommittee, for working with me step by step through 
this process, and I am deeply grateful for the work that he has done on 
this. I think this amendment will strengthen the bill. It provides for 
our security needs, and it is a sensible approach.
  Mr. OBERSTAR. Mr. Chairman, I yield myself 10 seconds.
  Does the gentleman from Ohio have any further speakers?
  Mr. LaTOURETTE. I would advise that I am prepared to close if the 
gentleman is.
  Mr. OBERSTAR. If the gentleman is concluding, I will conclude on our 
side.
  Mr. LaTOURETTE. It's a good amendment. I hope we can all vote for it.
  I yield back the balance of my time.
  Mr. OBERSTAR. We accept the amendment on this side, and urge all 
Members to vote for it.
  I yield back the balance of my time.
  The CHAIRMAN. The question is on the amendment offered by the 
gentleman from Ohio (Mr. LaTourette).
  The amendment was agreed to.


                 Amendment No. 3 Offered by Ms. Matsui

  The CHAIRMAN. It is now in order to consider amendment No. 3 printed 
in House Report 110-604.
  Ms. MATSUI. Mr. Chairman, I have an amendment at the desk.
  The CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part B amendment No. 3 offered by Ms. Matsui:
       At the end of section 711 add the following new subsection:
       (d) Availability of Incident Data Via Internet.--
       (1) Website.--The Secretary shall maintain, on an Internet 
     site of the department in which the Coast Guard is operating, 
     a numerical accounting of the missing persons and alleged 
     crimes in covered security incidents for which the Secretary 
     receives notification under subsection (a). The data shall be 
     updated no less frequently than quarterly, aggregated by 
     cruise line, and each cruise line shall be identified by 
     name.
       (2) Access to website.--Each cruise line taking on or 
     discharging passengers in the United States shall include on 
     its Internet site a link to the Internet site referred to in 
     paragraph (1), that is available to the public.

  The CHAIRMAN. Pursuant to House Resolution 1126, the gentlewoman from 
California (Ms. Matsui) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentlewoman from California.
  Ms. MATSUI. Mr. Chairman, I yield myself such time as I might 
consume.
  Over 10 million Americans travel on cruise lines each year. 
Unfortunately, many are unaware that they are at risk of being victims 
of crime while on their vacations. And, it concerns me even more that 
these victims have inadequate access to assistance or law enforcement 
in the aftermath of a crime.
  In recent years, the media has reported on a number of high-profile 
cases of passengers falling overboard, passengers going missing, and 
passengers being raped and sexually assaulted. Sadly, many of these 
cases remain unresolved, and the perpetrators of sexual violence and 
other violent crimes on cruise ships are rarely brought to justice.
  I became personally involved after a constituent of mine, Laurie 
Dishman, came to me for assistance after she had been a victim of a 
violent crime on a cruise ship.
  As a result of continued cases of crimes on the high seas, and with 
the leadership of Chairman Cummings, this Congress has held two 
hearings on safety on cruise ships. We learned that we must take action 
to inform people of exposure to risk while on cruise vacations. Mr. 
Chairman, sometimes even cruise ships need sunshine.
  Our amendment seeks to do just that by requiring the Coast Guard to 
post on-line the number of deaths, missing persons, and reported crimes 
committed on cruise ships. The amendment also requires cruise lines to 
include a link to this data base on their public web sites. Our 
amendment would create transparency and promote a culture of 
accountability by allowing the public access to the number of crimes 
reported.
  Prevention can be just as powerful as enforcement, and we all know 
that prevention starts with making people aware of the potential for a 
crime to occur. With prevention and enforcement, it is our hope that 
the tragic events that so many passengers have endured will not be 
repeated. I urge my colleagues to support this amendment.
  I reserve the balance of my time.

                              {time}  1200

  Mr. OBERSTAR. Mr. Chairman, I rise to claim the time in opposition to 
the amendment, although I don't intend to oppose it.
  The CHAIRMAN. Without objection, the gentleman from Minnesota is 
recognized for 5 minutes.

[[Page H2716]]

  There was no objection.
  Mr. OBERSTAR. The amendment of the gentlewoman arises out of a very 
tragic case on which the committee held an extensive hearing, and 
attempted to address the issue in language within the pending bill.
  Her amendment would go to the heart of this issue, establishing a Web 
site, updated quarterly, aggregated by cruise line, and providing a 
link to the site on their own Web site. These requirements will allow 
passengers to review the safety record of a cruise line before booking 
their cruise. I think that is a very important protection, especially 
for women who are often alone and can be subjected to violence, as we 
have seen in the course of these hearings. I support the amendment.
  Mr. LaTOURETTE. Would the gentleman yield?
  Mr. OBERSTAR. I am delighted to yield to the gentleman from Ohio.
  Mr. LaTOURETTE. I thank the gentleman. I had intended to claim the 
time in opposition, even though I am not opposed to the amendment. I 
would indicate to the chairman and the sponsors of the amendment that 
we are prepared to accept the amendment.
  I do have some concerns about the scope of the alleged incidents that 
will be reported via the Web site and the manner in which it will be 
presented, but I pledge to work with the amendment's sponsors as we 
move this bill to conference to facilitate those.
  Ms. MATSUI. Madam Chairman, I yield 1 minute to the gentleman from 
Texas (Mr. Poe).
  Mr. POE. Madam Chairman, I thank the gentlelady from California for 
yielding, and I want to thank Ms. Matsui and her brave constituent, 
Laurie Dishman, for bringing this very important issue before Congress.
  Every year 10 million American citizens board cruise ships and sail 
from American ports. These cruise ships are floating cities. But unlike 
cities, there are no peace officers or properly trained security 
personnel to protect passengers on board these ships. There is really 
no oversight or accountability for the cruise industry to properly or 
timely report secret crimes that occur on ships.
  Our amendment just requires the Coast Guard to publicly maintain and 
regularly update a numerical accounting of crimes and number of missing 
persons on each ship. This is commonsense. We value information on 
college campuses, and this Congress under the Cleary Act requires 
reporting of crimes on college campuses. But when there is a crime on 
the high sea, it is a public relations cover-up because of the travel 
industry.
  This amendment will create a better-informed passenger and, of 
course, safer cruise ships.
  Mr. OBERSTAR. Madam Chairman, I yield 2 minutes to the distinguish 
Chair of the Rail Subcommittee, the gentlewoman from Florida (Ms. 
Corrine Brown).
  Ms. CORRINE BROWN of Florida. I want to start out by thanking 
Chairmen Oberstar and Cummings and Ranking Members Mica and LaTourette 
for all of their hard work on this bill.
  We have given the Coast Guard so much responsibility, and they have 
been up to the challenge.
  I have great respect for my colleague from California, but I rise to 
express my serious concern with her pending amendment. As a Member from 
the State of Florida, which has 14 ports and numerous cruise lines, I 
have a particular interest in the cruise industry. The cruise industry 
is one of the most important economic engines in the State of Florida. 
Over 5 million passengers embarked from Florida in 2005 and the 
industry contributed more than $6 billion in direct spending. In 
addition, the cruise industry is the second largest employer for 
Florida, generating more than 125,000 jobs.
  Before coming to Congress I owned a travel agency, and I can tell you 
that a cruise is one of the most cost-effective, safe and enjoyable 
vacations one can take. In fact, I recently sent my mother on a cruise.
  The cruise industry is highly regulated by State, Federal and 
international laws. They ensure that passengers are safe and have a 
sound safety and security record. It is apparent from the FBI 
statistics that crime against U.S. passengers on cruise ships are very 
rare.
  The proposed amendment would unfairly penalize the cruise industry 
and require the public posting of crime allegations, organized by the 
name of the cruise line. No other private industry is required to 
provide such information on an Internet site.
  The bill unfairly penalizes the cruise industry without any evidence 
or justification for this measure.
  Requiring the reporting of allegations of crimes onboard ships would 
be misleading to the public as there is no distinction between an 
allegation and an actual crime committed. That is why if a local 
government requires the reporting of allegations of crime, no specific 
business is identified since in many instances these allegations are 
unfounded.
  In closing, I will continue to work to make sure that the cruise 
industry is one of the safest industries in this country.
  Ms. MATSUI. Madam Chairman, I yield 1 minute to the gentlewoman from 
New York (Mrs. Maloney).
  Mrs. MALONEY of New York. I thank the gentlelady for yielding and for 
her very strong support and thoughtful work on this legislation, and I 
am proud to join Congresswoman Matsui and Congressmen Shays and Poe on 
this amendment which would require the Coast Guard to maintain an 
online database about missing persons and alleged crimes committed on 
cruise ships and to require cruise lines to include a link to this 
database on their public Web sites.
  Like my good friend from Florida, I also represent many fine ports 
and many fine cruise lines that have taken steps to improve their 
procedures. But certainly individuals going on trips should know the 
track records of cruise lines, and know the steps they have taken to 
improve safety. The absolute most important part of a vacation is to 
make sure you have a safe, enjoyable time.
  This is a commonsense amendment, and it will provide the public with 
valuable information before booking their trips, as well as give an 
indication of where there are challenges in the industry and 
improvements that have taken place. I urge an ``aye'' vote.
  Mr. OBERSTAR. Madam Chairman, I yield 1 minute to the distinguished 
gentleman from Connecticut (Mr. Shays).
  Mr. SHAYS. Madam Chairman, before beginning, Ms. Matsui, do you have 
30 seconds you could yield me?
  Ms. MATSUI. And I yield 30 seconds to the gentleman from Connecticut.
  Mr. SHAYS. I thank both Members for their courtesy in yielding me 
this time.
  I have a different view than some of my colleagues. This industry may 
be highly regulated by State, Federal and international governments, 
but because all are involved, no one takes ownership.
  I had an experience with a constituent, George Smith, who was lost at 
sea on his honeymoon on board a cruise ship in the Mediterranean. We 
had hearings on this tragedy, and had people contact us with 
unbelievable stories of someone missing, the family never being 
notified, the cruise line taking the person's possessions and putting 
them in a lost-and-found and then selling them, of sexual assaults and 
thefts, and no information being provided about the crimes to the 
proper authorities.
  What this language does, the Matsui amendment, requires the secretary 
of the Department of Homeland Security to maintain a numerical account 
of missing persons and alleged crimes committed on cruise ships. The 
database will be updated quarterly and aggregated by the cruise line 
industry.
  It requires cruise lines to include a link to this database on their 
public Web site. The public has a right to know about the exact 
circumstances that take place on board cruise ships.
  This is a sensible amendment. It needs to pass. And I thank her for 
introducing it.
  Ms. MATSUI. In closing, Madam Chairman, providing public access and 
crime statistics is an important part of crime prevention. I thank my 
cosponsors and supporters of this amendment, and urge my colleagues to 
support transparency in the cruise industries.
  Madam Chairman, I yield back the balance of my time.
  Mr. OBERSTAR. I yield the balance of my time to the gentleman from 
Maryland (Mr. Cummings).

[[Page H2717]]

  Mr. CUMMINGS. This issue, as the chairman of the subcommittee, I have 
to tell you that this has been a very, very difficult issue. We have 
done two hearings out of a total of 17. It has been extremely 
emotional. But on balance, I think that this is a good amendment. I 
want to congratulate Ms. Matsui and all of the cosponsors.
  I think we have to protect the public; but at the same time, we have 
to make sure that we are fair to the cruise industry. This is an 
ongoing thing. We have discussions on other matters regarding cruise 
ships and passengers. I think this is a good amendment, and I support 
it.
  The Acting CHAIRMAN (Mrs. Jones of Ohio). The question is on the 
amendment offered by the gentlewoman from California (Ms. Matsui).
  The amendment was agreed to.


                   Amendment No. 4 Offered by Mr. Poe

  The Acting CHAIRMAN. It is now in order to consider amendment No. 4 
printed in House Report 110-604.
  Mr. POE. Madam Chairman, I have an amendment at the desk made in 
order on behalf of myself and Mr. Lungren of California.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part B amendment No. 4 offered by Mr. Poe:
       At the end of the bill add the following new title:

             TITLE __--ADDITIONAL MISCELLANEOUS PROVISIONS

     SEC. __. OPERATION OF SUBMERSIBLE OR SEMI-SUBMERSIBLE VESSEL 
                   WITHOUT NATIONALITY.

       (a) In General.--Chapter 111 of title 18, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2285. Operation of submersible or semi-submersible 
       vessel without nationality

       ``(a) Findings and Declarations.--Congress finds and 
     declares that operating or embarking in a submersible or 
     semi-submersible vessel without nationality and on an 
     international voyage is a serious international problem, 
     facilitates transnational crime, including drug trafficking, 
     and terrorism, and presents a specific threat to the safety 
     of maritime navigation and the security of the United States.
       ``(b) Offenses.--
       ``(1) In general.--Whoever knowingly or intentionally 
     operates by any means or embarks in any submersible or semi-
     submersible vessel that is without nationality and that is 
     navigating or has navigated into, through or from waters 
     beyond the outer limit of the territorial sea of a single 
     country or a lateral limit of that country's territorial sea 
     with an adjacent country, shall be punished as prescribed in 
     subsection (h).
       ``(2) Attempts and conspiracies.--Whoever attempts or 
     conspires to violate this section shall be punished as 
     prescribed in subsection (h).
       ``(c) Definitions.--In this section, the term--
       ``(1) `submersible vessel' means a vessel that is capable 
     of operating below the surface of the water, and includes 
     manned and unmanned watercraft.
       ``(2) `semi-submersible vessel' means any watercraft 
     constructed or adapted to be capable of putting much of its 
     bulk under the surface of the water.
       ``(3) `vessel without nationality' has the same meaning as 
     section 70502(d) of title 46.
       ``(d) Extraterritorial Jurisdiction.--There is 
     extraterritorial Federal jurisdiction over the offenses 
     described in this section, including an attempt or conspiracy 
     to commit such offense.
       ``(e) Claim of Nationality or Registry.--
       ``(1) A claim of nationality or registry under this section 
     includes only--
       ``(A) possession on board the vessel and production of 
     documents evidencing the vessel's nationality as provided in 
     article 5 of the 1958 Convention on the High Seas;
       ``(B) flying its nation's ensign or flag; or
       ``(C) a verbal claim of nationality or registry by the 
     master or individual in charge of the vessel.
       ``(2) The failure of any submersible or semi-submersible 
     vessel to display registry numbers or a national ensign or 
     flag shall create a rebuttable presumption that the vessel is 
     without nationality, as defined in this section.
       ``(f) Federal Activities.--Nothing in this section applies 
     to lawfully authorized activities carried out by or at the 
     direction of the United States Government.
       ``(g) Applicability of Other Provisions.--Sections 70504 
     and 70505 of title 46 apply to this section.
       ``(h) Penalties.--
       ``(1) Violations.--A person violating this section shall be 
     fined under this title, imprisoned not more than 20 years, or 
     both.
       ``(2) Consecutive sentence.--Notwithstanding any other 
     provision of law, a term of imprisonment imposed under this 
     section shall be consecutive to the sentence of imprisonment 
     for any other offense.''.
       (b) Conforming Amendment.--The table of sections for 
     chapter 111 of title 18, United States Code, is amended by 
     adding at the end the following new item:

``2285. Operation of submersible or semi-submersible vessel without 
              nationality.''.

  The Acting CHAIRMAN. Pursuant to House Resolution 1126, the gentleman 
from Texas (Mr. Poe) and a Member opposed each will control 5 minutes.
  The Chair recognizes the gentleman from Texas.
  Mr. POE. Madam Chairman, I yield myself such time as I may consume.
  This is a photograph regarding the amendment we will talk about this 
morning. These are mini-submarines. They are currently being made in 
the jungles of Colombia, alongside much of the drugs that they carry, 
probably from the Revolutionary Armed Forces of Colombia which is the 
military wing of the Colombian Communist Party.
  These vessels are made out of fiberglass. They are about 100-feet 
long. They carry a crew of five and up to 13 tons of drugs with a 
street value of about $300 million. They travel about 14 miles per 
hour, and they are barely below the surface. They are constructed to 
remain below the surface of the water, making them difficult for the 
U.S. Navy and the Coast Guard to track. And they can travel all of the 
way from the north coast of South America to the southeastern United 
States without refueling.
  These vessels that the Coast Guard are encountering are stateless 
vessels with no legitimate use. They are built for stealth and the 
capability to rapidly scuttle the illicit drugs they are carrying.
  What happens is when the United States Coast Guard or the Navy comes 
upon one of these vessels, the crew scuttles the ship, it sinks, and 
all of the contraband sinks to the bottom of the ocean. The only one 
prosecution that has taken place, reflected here on the bottom, 
occurred when a bale of cocaine floated back to the surface. The five 
crewmen are now being prosecuted in Tampa, Florida. And let me mention 
that these vessels can not only be used for drugs, they can bring 
explosives into the United States. They come up our waterways. They can 
attack crude ships, ships that are bringing in oil tankers, our 
military ships like the U.S.S. Cole, or even cruise ships, as we 
mentioned earlier.
  This amendment would simply state the findings of Congress that these 
stateless vehicles have no legitimate use on international waters, and 
the crew that is operating one of these is committing a Federal crime.
  Madam Chairman, I reserve the balance of my time.
  Mr. OBERSTAR. Madam Chairman, I claim the time in opposition, though 
I do not intend to oppose the amendment.
  The Acting CHAIRMAN. Without objection, the gentleman from Minnesota 
is recognized for 5 minutes.
  There was no objection.
  Mr. OBERSTAR. I thank the gentleman from Texas, a member of our 
committee, for offering this amendment.
  The Coast Guard in the past 4 months has had 23 cases involving semi-
submersible vessels, and the Coast Guard intelligence sector predicts 
that 85 cases will occur this year, possibly a projection of 120 such 
cases next year.
  This amendment deals with stateless submersible or semi-submersible 
vessels on international voyages, and makes it a finding of Congress 
that they are a serious international problem that facilitates 
transnational crimes, including drug trafficking and terrorism, a 
serious threat to U.S. maritime security navigation, and I appreciate 
the gentleman offering the amendment.
  I reserve the balance of my time.
  Mr. POE. I yield 2 minutes to the gentleman from California (Mr. 
Daniel E. Lungren).
  Mr. DANIEL E. LUNGREN of California. I thank the gentleman for 
yielding.
  Madam Chairman, this is an important amendment. This is an attempt by 
us to get our criminal laws to catch up with the technology used by the 
bad guys, essentially.

                              {time}  1215

  If you were to look at one of these in the open sea, you would find 
out how difficult it is to spot them actually, even from the air. They 
are a very effective means by which they can deliver illegal drugs to 
this country, which they have done.
  The Coast Guard has done a remarkable job in fighting this. But this 
law

[[Page H2718]]

will give us the ability to prosecute cases that are, we are incapable 
of prosecuting at the present time.
  It will also alleviate the danger that is posed to our members of the 
Coast Guard in their attempt to retrieve the contraband that is thrown 
overboard when the perpetrators of these kinds of activities find that 
they are being chased by the Coast Guard. In this case, it will be 
illegal to be utilizing these kind of vessels for this type of purpose, 
but you will not have to prove the contraband actually is there.
  This is an effective means by which we are giving an additional tool 
to our Coast Guard men and women around the world, and also to our 
prosecutors, to ensure that we deal with the continuing problem of drug 
trade.
  But, in addition to that, as the gentleman from Texas mentioned, this 
could be used for delivering weapons of mass destruction to our shores. 
For that reason, if no other, I would hope we would get a unanimous 
vote in support of this amendment.
  Mr. OBERSTAR. I will reserve the balance of our time. I will yield to 
the gentleman from Maryland to close on our side. So the gentleman may 
proceed with his speakers.
  Mr. POE. Madam Chairman, I inquire as to how much time is left on 
each side.
  The Acting CHAIRMAN. The gentleman from Texas has 1\1/2\ minutes. The 
gentleman from Minnesota has 4 minutes.
  Mr. POE. Madam Chairman, I yield 30 seconds to my friend from Texas 
(Mr. Culberson).
  Mr. CULBERSON. Madam Chairman, I won't take the whole time. Just to 
tell you I just returned from a briefing at the Coast Guard with 
Admiral Allen. They brought this to my attention. One of these vehicles 
can carry up to a billion dollars worth of drugs. They can carry 
weapons of mass destruction.
  If the vessel sinks before the Coast Guard can get on it, they lose 
all the evidence. So this is a vitally important amendment to the Coast 
Guard to enforce our laws and protect this Nation. And I hope we will 
all support it.
  Mr. OBERSTAR. The gentleman may close and we will close on our side.
  Mr. POE. I want to thank the chairman of the committee and the 
chairman of the subcommittee for their support on this important 
legislation. It will make our country safer. I hope that it is adopted 
by our Congress immediately.
  With that, I yield back the remainder of my time.
  Mr. OBERSTAR. I yield to the gentleman from Maryland, Chair of the 
Coast Guard Subcommittee, the balance of our time.
  Mr. CUMMINGS. Madam Chairman, may I inquire as to how much time we 
have.
  The Acting CHAIRMAN. The gentleman has 4 minutes.
  Mr. CUMMINGS. Thank you, Mr. Chairman, for yielding.
  I also rise in support of this very important amendment. This 
amendment would make it a crime to operate on an international voyage a 
submersible or semi-submersible vessel utilized to traffic drugs or 
support other illegal activities.
  The use of the submersible vehicles to attempt to smuggle drugs from 
foreign ports to the United States is on the rise, and such vehicles 
are capable of carrying vast quantities of drugs.
  I'm very familiar with this issue, having been former ranking member 
of the Drug Subcommittee of the Government Reform Committee, and now 
chairman of this subcommittee. The very drugs that these folks are 
trying to bring into this country, they're trying to bring them on 
these kind of boats. I've actually seen these boats. And someone said 
it a moment ago.
  It is so important that we keep up with the drug smugglers. They are 
constantly trying to find new methods to avoid capture and prosecution, 
and so this is a good thing.
  In August of last year, for instance, the Coast Guard and other 
Federal partners seized a semi-submersible vessel carrying cocaine 
estimated to be worth more than $350 million.
  And, by the way, Madam Chairman, I also note that this year the Coast 
Guard has taken in and seized more drugs than in any year in its 
history.
  As someone who represents the City of Baltimore, I know firsthand the 
destruction that drugs can cause. And I know that every gram that is 
kept off our streets is a victory over the forces that destroy lives 
and communities.
  I also know that the profit available from drug drives and smugglers, 
they continually try to come up with these new techniques, and this is 
our effort, Mr. Poe's effort to address this.
  With that, Madam Chairman, I wholeheartedly support this amendment. I 
want to thank Mr. Poe for sponsoring it.
  Mr. PAUL. Madam Chairman, I rise in opposition to this amendment 
because it strikes me as unconstitutional to make it a Federal crime to 
operate a submersible or semi-submersible vehicle that is not 
registered with a country if it navigates through international waters. 
I believe that this amendment, aside from being unconstitutional, is 
dangerously broad and may well lead to the persecution of individuals 
who are in no way engaging in illegal activity. I am concerned that 
this may lead to the prosecution of, for example, a scientific 
organization that builds and operates a submersible research vessel and 
operates it in international waters. Are these organizations going to 
be forced to register their activities with the U.S. Government or face 
a 20 year jail term? The real intent of this amendment is to add yet 
another draconian weapon in the arsenal of the government's failed war 
on drugs. This amendment may well have chilling unintended consequences 
for individuals and organizations that have nothing to do with drug or 
human smuggling and as such I cannot support the Poe amendment.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from Texas (Mr. Poe).
  The question was taken; and the Acting Chairman announced that the 
ayes appeared to have it.
  Mr. CUMMINGS. Madam Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Texas will 
be postponed.


                Amendment No. 5 Offered by Mr. McNerney

  The Acting CHAIRMAN. It is now in order to consider amendment No. 5 
printed in House Report 110-604.
  Mr. McNERNEY. Madam Chairman, I have an amendment at the desk.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part B amendment No. 5 offered by Mr. McNerney:
       At the end of the bill add the following new title.

             TITLE __--ADDITIONAL MISCELLANEOUS PROVISIONS

     SEC. __. LEGAL AUTHORITY OF THE COAST GUARD TO CARRY OUT ITS 
                   HOMELAND SECURITY MISSIONS NOT IMPAIRED.

       The provisions of this Act governing the marine safety 
     mission of the Coast Guard shall not impair the legal 
     authority of the Coast Guard to carry out its homeland 
     security missions including--
       (1) protecting ports, waterways, coastal security, and the 
     marine transportation system from an act of terrorism;
       (2) securing our borders against aliens seeking to 
     unlawfully enter the United States, illegal drugs, firearms, 
     and weapons of mass destruction at ports, waterways, and 
     throughout the marine transportation system;
       (3) preventing human smuggling operations at ports, 
     waterways, and throughout the marine transportation system;
       (4) maintaining defense readiness to rapidly deploy 
     defensive port operations and security operations and 
     environmental defense operations;
       (5) coordinating efforts and intelligence with Federal, 
     State, and local agencies to deter, detect, and respond to 
     the threat of terrorism at ports, on waterways, and 
     throughout the marine transportation system;
       (6) preventing Osama Bin Laden, al Qaeda, or any other 
     terrorist or terrorist organization from attacking the United 
     States or any United States person;
       (7) protecting the United States or any United States 
     person from threats posed by weapons of mass destruction or 
     other threats to national security.

  The Acting CHAIRMAN. Pursuant to House Resolution 1126, the gentleman 
from California (Mr. McNerney) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from California.
  Mr. McNERNEY. Madam Chairman, since the terrible events of September 
11, 2001, we have relied heavily on the brave men and women of the U.S. 
Coast Guard to be our eyes and ears against terrorism along our coastal 
borders and at more than 300 of our Nation's ports.
  The Coast Guard's homeland security mission isn't new. It began more 
than

[[Page H2719]]

200 years ago when the service was founded. Yet, today, we are more 
focused on the need to provide maritime security. The Coast Guard has 
ramped up its efforts to ensure that we don't allow people into this 
country who intend to do us harm or weapons to unleash upon us.
  We have improved our ability to deal with potential terrorist 
threats, but we must keep up the progress. America's security is our 
paramount responsibility, and our goals must be always to counteract 
threats against our citizens, address the dangers posed by terrorists, 
and eliminate the potential for introduction of weapons of mass 
destruction.
  My congressional district is home to the Port of Stockton, one of the 
largest inland ports in the Nation. While it is an economic engine for 
California's Central Valley, moving everything from agricultural 
products to wind turbines, it may be viewed as a potential entry point 
for those who intend to do us harm. Thankfully, the Coast Guard 
understands the risk and provides constant security that insures 
continued business and peace of mind.
  I believe that it's important to highlight the dual responsibilities 
of the Coast Guard, and we should ensure that the Coast Guard's 
homeland security missions are not lessened by the licensing and 
regulatory functions of the Guard.
  My amendment is both simple and needed. It outlines formally that 
none of the changes to the marine safeguard mission of the Coast Guard 
shall impair in any way, the homeland security mission of the Coast 
Guard. It is important to note that we are not creating new 
authorizations. We are simply outlining formally the continued 
importance of protecting our waterways and ports, maintaining coastal 
security, and securing our borders against aliens seeking to unlawfully 
enter the United States.
  Americans deserve to know that our ports and waterways are protected. 
This amendment does just that by clarifying the Coast Guard's homeland 
security missions are strengthened by the legislation we are doing 
today.
  I consider all of my colleagues support for this commonsense 
amendment, and I reserve the balance of my time.
  Mr. LaTOURETTE. Madam Chairman, I ask unanimous consent to control 
the time in opposition, even though I am not opposed to the amendment.
  The Acting CHAIRMAN. Without objection, the gentleman from Ohio is 
recognized for 5 minutes.
  There was no objection.
  Mr. LaTOURETTE. Madam Chairman, we are prepared to accept this 
amendment. The Coast Guard is a multi-mission military service that 
must have the ability and flexibility to respond to numerous concerns 
and threats in the maritime domain.
  We share the concern of the sponsor that no one Coast Guard mission 
should be elevated in precedence to the expense of the service's many 
other responsibilities.
  I want to congratulate Mr. McNerney, a new Member of the House, for 
bringing this amendment to the floor, bringing it to our attention.
  I would be happy to yield to the distinguished chairman for any 
observations he would have.
  Mr. OBERSTAR. I thank the gentleman for yielding time.
  It was our purpose from the very outset of crafting the marine safety 
provisions of this bill to delineate clearly the responsibilities of 
the Coast Guard on safety, on its safety mission, and on the new 
emphasis within the Department o Homeland Security on their security 
responsibilities.
  In fact, this was an issue, I would say to the gentleman from Ohio, 
that then Chairman Young and I raised with the President at the White 
House some 6 plus years ago when he first proposed the Department of 
Homeland Security, that the bill, as proposed, the proposition set 
forth by the administration, did not distinguish between search, 
rescue, safety responsibilities of the Coast Guard and these new 
emphasis duties on security. We do that now in this legislation. The 
amendment of the gentleman from California will further delineate that 
distinction.
  I thank the gentleman for yielding this time, and I thank the 
gentleman for his amendment.
  Mr. LaTOURETTE. I would ask the chairman of the subcommittee, Mr. 
Cummings, do you want to say anything about the amendment?
  I would be happy to yield to the gentleman from Maryland.
  Mr. CUMMINGS. I rise in support of the amendment offered by Mr. 
McNerney. This simple amendment clarifies that the provisions included 
in the Coast Guard authorization pertaining to the service's marine 
safety function will not in any way affect the Coast Guard's authority 
to carry out its Homeland Security missions.
  As the chairman has said, basically, what we're trying to do is make 
sure that, while we understand that this organization is being 
stretched, we want to make sure that it takes on its functions 
effectively and efficiently. I think this amendment simply strengthens 
the legislation and, therefore, I support it.
  Mr. LaTOURETTE. I thank both chairmen and want to again congratulate 
Mr. McNerney on his amendment.
  I would yield back the balance of my time.
  Mr. McNERNEY. Madam Chairman, the purpose of this bill is just to 
erase any ambiguity that we want the Coast Guard to be involved in 
homeland security.
  I yield back the balance of my time.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from California (Mr. McNerney).
  The question was taken; and the Acting Chairman announced that the 
ayes appeared to have it.
  Mr. McNERNEY. Madam Chairman, I demand a recorded vote.
  The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from California 
will be postponed.


                Amendment No. 6 Offered by Mr. Bilirakis

  The Acting CHAIRMAN. It is now in order to consider amendment No. 6 
printed in House Report 110-604.
  Mr. BILIRAKIS. Madam Chairman, I have an amendment at the desk made 
in order under the rule.
  The Acting CHAIRMAN. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Part B amendment No. 6 offered by Mr. Bilirakis:
       Strike section 708 and insert the following:

     SEC. 708. MARITIME BIOMETRIC IDENTIFICATION.

       (a) In General.--Within one year after the date of the 
     enactment of this Act, the Secretary of Homeland Security, 
     acting through the Commandant of the Coast Guard, shall 
     conduct, in the maritime environment, a program for the 
     mobile biometric identification of suspected individuals, 
     including terrorists, to enhance border security and for 
     other purposes.
       (b) Requirements.--The Secretary shall ensure the program 
     required in this section is coordinated with other biometric 
     identification programs within the Department of Homeland 
     Security.
       (c) Cost Analysis.--Within 90 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committees on Appropriations and Homeland Security of the 
     House of Representatives and the Committees on Appropriations 
     and Homeland Security and Governmental Affairs of the Senate 
     an analysis of the cost of expanding the Coast Guard's 
     biometric identification capabilities for use by the Coast 
     Guards Deployable Operations Group, cutters, stations, and 
     other deployable maritime teams considered appropriate by the 
     Secretary, and any other appropriate Department of Homeland 
     Security maritime vessels and units. The analysis may include 
     a tiered plan for the deployment of this program that gives 
     priority to vessels and units more likely to encounter 
     individuals suspected of making illegal border crossings 
     through the maritime environment.
       (d) Definition.--For the purposes of this section, the term 
     ``biometric identification'' means use of fingerprint and 
     digital photography images.

  The Acting CHAIRMAN. Pursuant to House Resolution 1126, the gentleman 
from Florida (Mr. Bilirakis) and a Member opposed each will control 5 
minutes.
  The Chair recognizes the gentleman from Florida.
  Mr. BILIRAKIS. I yield myself as much time as I may consume.
  I rise to offer an amendment to the Coast Guard Authorization Act 
that will strengthen maritime security. My amendment would replace 
section 708 of the bill which incorporates language from a stand-alone 
bill I have introduced with tougher language that would codify and 
expand a Coast Guard pilot program to collect biometric information on 
aliens interdicted at sea.
  My amendment requires the Coast Guard to move forward on this program 
within 1 year, and provide a cost

[[Page H2720]]

analysis to Congress on expanding these capabilities in other Coast 
Guard and Department of Homeland Security vessels and units.
  As part of this analysis, my amendment would encourage DHS to give 
priority to expanding mobile biometric collection capabilities to 
assets and areas that are most likely to encounter illegal border 
crossings in the maritime environment.

                              {time}  1230

  The efforts of the Coast Guard in this area show great promise. Since 
the collection of limited biometrics on individuals interdicted at sea 
began, the Coast Guard has collected biometric data from 1,513 migrants 
resulting in nearly 300 matches against databases of wanted criminals, 
immigration violators, and others who have previously encountered 
government authorities. Instead of being released to repeat their 
dangerous and illegal behavior, these individuals are now detained and 
prosecuted.
  The U.S. Attorney's Office in San Juan, Puerto Rico, has prosecuted 
more than 118 individuals for violations of U.S. laws, immigration 
laws, and other offenses based substantially on information obtained 
through the biometrics program.
  The Coast Guard reports that illegal migration in the Mona Pass area, 
an area between the Dominican Republic and Puerto Rico, has been 
reduced by 50 percent in the past year as a direct result of the 
biometrics program.
  By leveraging its relationships within DHS, the Coast Guard now has 
access to millions of fingerprint files it can use to positively 
identify individuals encountered at sea, those who are without 
identification and are suspected of attempting an illegality and 
illegally entering the United States. Now that the Coast Guard has 
determined the most effective way to collect biometrics at sea, the 
Department of Homeland Security needs to determine the most appropriate 
way to move forward and expand this effort as cost effectively as 
possible, which is what my amendment requires.
  Given the success of existing efforts on biometrics by the Coast 
Guard, I believe it is imperative that we strengthen section 708 of the 
underlying bill on clarifying congressional intent in this area so that 
these efforts are cost effective and will do the most good. It is clear 
the collection of biometrics at sea by the Coast Guard is already 
helping greatly deter illegal migration and prevent the capture and 
release of dangerous individuals.
  I urge the distinguished Members of this House to help further that 
effort by voting for this amendment.
  Madam Chairman, I reserve the balance of my time.
  Mr. OBERSTAR. Madam Chairman, I rise to claim the time in opposition, 
though I do not intend to oppose the amendment.
  The Acting CHAIRMAN. Without objection, the gentleman from Minnesota 
is recognized for 5 minutes.
  There was no objection.
  Mr. OBERSTAR. I do support the amendment offered by the distinguished 
gentleman from Florida with whose father I had the pleasure to serve, a 
person of great personal distinction who served this body very well and 
with whom I had a delightful personal relationship. And I always 
appreciated that friendship.
  I thank the gentleman for offering this amendment which requires 
biometric identification of suspected persons, including terrorists, to 
strengthen border security. Fingerprinting, digital photos, and other 
technology can be used to identify illegal migrants, smugglers, and 
terrorists. It will be useful in establishing a database.
  It parallels what we do in the TSA for aviation security and in other 
areas of security. It will be a valuable asset in the ongoing struggle 
against terrorism, and I appreciate the gentleman offering the 
amendment.
  I am happy to yield to the gentleman from Ohio.
  Mr. LaTOURETTE. I want to congratulate Mr. Bilirakis on this 
amendment, and we all had the privilege of serving with his dad, Mike, 
and he's a ``Gus'' off the old block, and he's doing a fine job not 
only in this amendment but also the Waterway Watch program.
  We're prepared to accept the amendment. The Coast Guard has operated 
a pilot program in Mona Pass, Puerto Rico. It has been extremely 
successful. We're aware that the Coast Guard intends to expand the 
program in the Caribbean Basin to make it a permanent program. His 
amendment would accomplish these goals.
  For that reason, I support the amendment and congratulate Mr. 
Bilirakis.
  Mr. BILIRAKIS. Madam Chairman, I would like to thank Chairman 
Thompson and also thank Ranking Member King for supporting this good 
bill and my amendment. Thank you very much.
  Mr. OBERSTAR. I yield to close on our side to the gentleman from 
Maryland.
  Mr. CUMMINGS. Madam Chairman, this amendment merely, simply stated, 
makes sense. It amends section 708 to require the creation of a program 
that will enable the Coast Guard to test the use of biometrics 
technology to identify individuals intercepted by the service. I have 
actually seen this procedure and have seen this biometric equipment in 
operation. This allows us to use our resources, our limited resources 
that the Coast Guard has, in an efficient and effective manner; and it 
also will allow us to be able to learn exactly who these terrorists 
might be and get identification information on them immediately.
  And so I want to thank the gentleman for providing us with this 
amendment, which makes our bill better.
  Mr. BILIRAKIS. I also want to thank Chairman Oberstar for the kind 
words and Mr. LaTourette, my good friend. This is a great amendment. 
Thanks for your cooperation. I appreciate it.
  The Acting CHAIRMAN. The question is on the amendment offered by the 
gentleman from Florida (Mr. Bilirakis).
  The amendment was agreed to.
  Mr. OBERSTAR. Madam Chairman, I move that the Committee do now rise.
  The motion was agreed to.
  Accordingly, the Committee rose; and the Speaker pro tempore (Ms. Zoe 
Lofgren of California) having assumed the chair, Mrs. Jones of Ohio, 
Acting Chairman of the Committee of the Whole House on the State of the 
Union, reported that that Committee, having had under consideration the 
bill (H.R. 2830) to authorize appropriations for the Coast Guard for 
fiscal year 2008, and for other purposes, had come to no resolution 
thereon.

                          ____________________