[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.
____________________