[House Report 110-338]
[From the U.S. Government Publishing Office]



110th Congress                                            Rept. 110-338
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 2
====================================================================== 
 
                 COAST GUARD AUTHORIZATION ACT OF 2007

                                _______
                                

                October 1, 2007.--Ordered to be printed

                                _______
                                

 Mr. Thompson of Mississippi, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 2830]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Homeland Security, to whom was referred the 
bill (H.R. 2830) to authorize appropriations for the Coast 
Guard for fiscal year 2008, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................    59
Background and Need for Legislation..............................    59
Hearings.........................................................    61
Committee Consideration..........................................    62
Committee Votes..................................................    62
Committee Oversight Findings.....................................    63
New Budget Authority, Entitlement Authority, and Tax Expenditures    63
Congressional Budget Office Estimate.............................    63
Statement of General Performance Goals and Objectives............    71
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................    71
Federal Mandates Statement.......................................    71
Advisory Committee Statement.....................................    71
Constitutional Authority Statement...............................    71
Applicability to Legislative Branch..............................    72
Section-by-Section Analysis of the Legislation...................    72
Changes in Existing Law Made by the Bill, as Reported............    93
Additional Views.................................................   180

  The amendment 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 
2007''.

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.

                   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. Access for seamen.
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. Clarification of delegation of authority to classification 
societies.
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. Waterside security around liquefied natural gas terminals and 
liquefied natural gas tankers.

                   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. Conveyance of a Coast Guard vessel.
Sec. 412. Conveyance of a Coast Guard vessel.
Sec. 413. Conveyance of a Coast Guard vessel.
Sec. 414. Decommissioned Coast Guard vessels for Haiti.
Sec. 415. Extension of period of operation of vessel for setting, 
relocation, or recovery of anchors or other mooring equipment.
Sec. 416. Vessel traffic risk assessments.
Sec. 417. Vessel MARYLAND INDEPENDENCE.
Sec. 418. Study of relocation of Coast Guard Sector Buffalo facilities.
Sec. 419. Coast Guard assets for United States Virgin Islands.

                    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--ALIEN SMUGGLING

Sec. 601. Short title.
Sec. 602. Maritime law enforcement.

         TITLE VII--MISCELLANEOUS HOMELAND SECURITY PROVISIONS

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 interacency 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. Homeland security impact review of liquefied natural gas 
facilities.
Sec. 709. Maritime biometric identification.
Sec. 710. Review of potential threats.
Sec. 711. Port security pilot.
Sec. 712. Advance notice of port arrival of significant or fatal 
incidents involving U.S. persons.
Sec. 713. Safety and security assistance for foreign ports.
Sec. 714.  Seasonal workers.
Sec. 715. Comparative risk assessment of vessel-based and facility-
based liquefied natural gas regasification processes.
Sec. 716. Savings clause.

          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 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) not less than $631,000,000 shall be available for 
                paying for search and rescue programs;
                  (C) not less than $527,000,000 shall be available for 
                paying for marine safety programs; and
                  (D) not less than $80,500,000 shall be available only 
                for paying for operating expenses of the Integrated 
                Deepwater System program.
          (2) For the acquisition, construction, rebuilding, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto, $1,234,774,000, 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) $1,065,872,000 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, $18,583,000, 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), $12,079,000, 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 45,500 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:
                  ``(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; 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(d)(2) of that title is amended 
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 twelve 
        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) two 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.
  ``(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 Congress 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 owned by a government and 
        used for 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 may appoint in each Coast Guard 
District a District Ombudsman to serve as a liaison between 
representatives of port stakeholders, including the Area Maritime 
Security Advisory Committees required by section 70112 of title 46 and 
the Coast Guard.
  ``(b) Purposes.--The purposes 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, but not limited to, port and terminal 
        operators, ship owners, labor representatives, and the Coast 
        Guard.
          ``(3) To ensure timely resolution of disputes between the 
        Coast Guard and all petitioners regarding requirements imposed 
        or services provided by the Coast Guard.
  ``(c) Functions.--
          ``(1) Investigations.--The District Ombudsman may investigate 
        complaints brought to the attention of the District Ombudsman 
        by a petitioner operating in a port provided such a complaint 
        is not the subject of an administrative, civil, or criminal 
        investigation or other legal proceeding and provided the 
        District Ombudsman receives no benefit, either direct or 
        indirect, from the outcome of the complaint.
          ``(2) Guidelines for disputes.--
                  ``(A) In general.--The Commandant of the Coast Guard 
                shall develop guidelines regarding 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 if such a 
                dispute is the subject of an administrative, civil, or 
                criminal investigation or other legal proceeding or if 
                the District Ombudsman receives a benefit, either 
                direct or indirect, from the outcome of the dispute.
                  ``(C) Priority.--In providing such assistance, the 
                District Ombudsman shall give priority to complaints 
                brought by petitioners who 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 provided such persons are reasonably available.
          ``(4) Access to information.--Unless otherwise prohibited by 
        law or regulation, the District Ombudsman shall have access to 
        any 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) to the maximum extent practicable, 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 an appropriately cleared 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 
Committees on Homeland Security and 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 such 
chapter is amended by adding at the end the following new item:

``55. District Ombudsmen.''.

                   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 2007 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 2007.
          ``(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 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 2007; 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 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. ACCESS FOR SEAMEN.

   A seaman assigned to a vessel docked at a facility with a security 
plan approved under section 70103(c) of title 46, United States Code, 
and pilots and representatives of seamen's welfare and labor 
organizations, who board and depart from the vessel in compliance with 
the provisions of the facility security plan shall be provided access 
through the facility at no cost to the individual.

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 that meets 
        the requirements of subsection (g); 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
          ``(3) undergoes a major conversion completed after that date.
  ``(d) After January 1, 2018, this section applies to a fishing vessel 
or fish tender vessel that is built before January 1, 2008, and is 25 
years of age or older, unless the vessel complies with an alternate 
safety compliance program prescribed by the Secretary.''.
          (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.
  ``(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 
such chapter 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 
such chapter 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 the characteristics, 
methods of operation, and nature of the service of these vessels.''.

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 U.S.C. 1901 note) is amended by striking ``2008'' and 
inserting ``2009''.

SEC. 318. CLARIFICATION OF DELEGATION OF AUTHORITY TO CLASSIFICATION 
                    SOCIETIES.

  Section 3316 of title 46, United States Code, is amended--
          (1) in subsection (b)(1), by inserting ``or for a floating 
        installation'' after ``chapter 121 of this title'';
          (2) in subsection (b)(2)(A), by inserting ``or for floating 
        installations'' after ``vessels documented in that country'';
          (3) in subsection (b)(3)(A), by inserting ``or floating 
        installation'' after ``after the vessel''; and
          (4) by adding at the end the following new subsection:
  ``(d) For purposes of this section, the term `floating installation' 
means any installation, structure, or other device that floats and that 
either 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)), and is used for the purpose of exploring for, developing, 
producing, or storing the resources from that seabed or subsoil.''.

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) A vessel or facility for which a registry endorsement is not 
issued may not engage in regassifying on navigable waters unless the 
vessel or facility transported the gas from a foreign port.''.

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 Committees on Transportation and Infrastructure and 
Homeland Security 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. WATERSIDE SECURITY AROUND LIQUEFIED NATURAL GAS TERMINALS AND 
                    LIQUEFIED NATURAL GAS TANKERS.

  (a) In General.--The Commandant of the Coast Guard shall be 
responsible for ensuring appropriate waterside security services, based 
on the threat, vulnerability, and consequence of a terrorist attack, 
around liquefied natural gas terminals and around tankers transporting 
liquefied natural gas in security zones established by the Coast Guard.
  (b) Limitation on Reliance on State and Local Government.--Security 
arrangements approved as part of the facility security plan approved 
under section 70103 of title 46, United States Code, for an onshore 
liquefied natural gas terminal 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 certifies that the waterborne patrols operated by State or 
local governments have the training, resources, personnel, equipment, 
and experience necessary to successfully deter and respond to 
transportation security incidents (as that term is defined in section 
70101of title 46, United States Code).
  (c) Enforcement of Security Zones.--
          (1) In general.--Security zones established by the Coast 
        Guard around tankers transporting liquefied natural gas shall 
        be enforced by the Coast Guard.
          (2) Utilization of state and local resources.--Subject to any 
        contract, cooperative agreement, or other arrangement 
        established in accordance with subsection (b), the Coast Guard 
        may utilize State or local government resources to assist in 
        enforcing any security zone established by the Coast Guard.
          (3) Reimbursement.-- Any Federal, State, or local entity 
        enforcing a security zone established by the Coast Guard for a 
        liquefied natural gas terminal or for a tanker traveling to or 
        from such a terminal, may seek appropriate reimbursement from 
        the terminal.
  (d) Certification Required for New LNG Terminals.--The Secretary of 
the department in which the Coast Guard is operating may not approve a 
facility security plan under section 70103 of title 46, United States 
Code, for a liquefied natural gas terminal the construction of which is 
begun after the date of enactment of this Act unless the Secretary 
certifies that the Coast Guard sector in which the terminal is located 
has all of the assets it needs to provide waterside security around the 
terminal and to provide security around tankers transporting liquefied 
natural gas in security zones established by the Coast Guard.

                   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).

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) $2,100,000 for fiscal year 2007;
                  ``(B) $2,200,000 for fiscal year 2008;
                  ``(C) $2,300,000 for fiscal year 2009;
                  ``(D) $2,400,000 for fiscal year 2010; and
                  ``(E) $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 subject of the suit that 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.--A seaman employed on a passenger 
vessel capable of carrying more than 500 passengers may authorize, by 
written request signed by the seaman, the master, owner, or operator of 
the vessel, or the employer of the seaman, to make deposits of wages of 
the seaman into a checking, savings, investment, or retirement account, 
or other account to secure a payroll or debit card for the seaman if--
          ``(1) the wages designated by the seaman for such deposit are 
        deposited in a United States or international financial 
        institution designated by the seaman;
          ``(2) such deposits in the financial institution are fully 
        guaranteed under commonly accepted international standards by 
        the government of the country in which the financial 
        institution is licensed;
          ``(3) a written wage statement or pay stub, including an 
        accounting of any direct deposit, is delivered to the seaman no 
        less often than monthly; and
          ``(4) while on board the vessel on which the seaman is 
        employed, the seaman is able to arrange for withdrawal of all 
        funds on deposit in the account in which the wages are 
        deposited.''.
  (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.--A seaman employed on a passenger 
vessel capable of carrying more than 500 passengers may authorize, by 
written request signed by the seaman, the master, owner, or operator of 
the vessel, or the employer of the seaman, to make deposits of wages of 
the seaman into a checking, savings, investment, or retirement account, 
or other account to secure a payroll or debit card for the seaman if--
          ``(1) the wages designated by the seaman for such deposit are 
        deposited in a United States or international financial 
        institution designated by the seaman;
          ``(2) such deposits in the financial institution are fully 
        guaranteed under commonly accepted international standards by 
        the government of the country in which the financial 
        institution is licensed;
          ``(3) a written wage statement or pay stub, including an 
        accounting of any direct deposit, is delivered to the seaman no 
        less often than monthly; and
          ``(4) while on board the vessel on which the seaman is 
        employed, the seaman is able to arrange for withdrawal of all 
        funds on deposit in the account in which the wages are 
        deposited.''.

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 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.--Any property conveyed under this section shall be 
used by the Town of Jupiter Island, Florida, solely for conservation of 
habitat and as protection against damage from wind, tidal, and wave 
energy.
  (e) Reversion.--Any conveyance of property under this section shall 
be subject to the condition that all right, title, and interest in the 
property, at the option of the Commandant of the Coast Guard, shall 
revert to the United States Government if the property is used for 
purposes other than conservation.
  (f) Implementation.--The Commandant of the Coast Guard shall upon 
request by the Town--
          (1) promptly take those actions necessary to make property 
        identified under subsection (b) and determined by the 
        Commandant under subsection (c) ready for conveyance to the 
        Town; and
          (2) convey the property to the Town subject to subsections 
        (d) and (e).

SEC. 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. CONVEYANCE OF A COAST GUARD VESSEL.

  (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. 412. CONVEYANCE OF A COAST GUARD VESSEL.

  (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--
          (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. 413. CONVEYANCE OF A COAST GUARD VESSEL.

  (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. 414. 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
          (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. 415. 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. 416. 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 and security, 
        or lessen potential adverse environmental impacts, of marine 
        shipping.
          (2) Consultation.--Before making any recommendations under 
        paragraph (1) for a region, the Area Committee shall consult 
        with affected local, State, and Federal government agencies, 
        representatives of the fishing industry, Alaska Natives from 
        the region, the conservation community, and the merchant 
        shipping and oil transportation industries.
  (d) Provision to Congress.--The Commandant shall provide a copy of 
each assessment to the 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. 417. 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. 418. 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. 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.

                    TITLE V--BALLAST WATER TREATMENT

SEC. 501. SHORT TITLE.

  This title may be cited as the ``Ballast Water Treatment Act of 
2007''.

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--
                  ``(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.
          ``(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.--
                  ``(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 with the 
                criteria described in subparagraph (A) issued by the 
                vessel's country of registration in accordance with 
                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) 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) 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 aquatice 
                nuisance species if preliminary experiments prior to 
                installation of the technology aboard the vessel 
                demonstrate that the technology removed or killed at 
                least 98 percent of organisms larger than 50 microns.
          ``(2) Guidance; 5-year usage.--
                  ``(A) Guidance.--Not later than one year after the 
                date of enactment of the Ballast Water Treatment Act of 
                2007, 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 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.--
                  ``(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--
                  ``(A) if the vessel operates exclusively--
                          ``(i) within the Great Lakes; 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) Marine sanctuaries and other prohibited areas.--A 
        vessel may not conduct ballast water exchange or discharge 
        ballast water under this subsection--
                  ``(A) within a national marine sanctuary designated 
                under of the National Marine Sanctuaries Act (16 U.S.C. 
                1431 et seq.);
                  ``(B) 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
                  ``(C) in any other waters designated by the 
                Secretary, in consultation with the Under Secretary and 
                the Administrator.
          ``(9) Vessels without pumpable ballast water.--
                  ``(A) Applicability of requirements.--Ballast water 
                exchange requirements under this subsection shall apply 
                to vessels that are equipped with ballast water tanks 
                and that enter a port of the United States without 
                pumpable ballast water.
                  ``(B) Regulations.--The Secretary shall issue 
                regulations, not later than 180 days after the date of 
                enactment of the Ballast Water Treatment Act of 2007, 
                that are intended to minimize the introduction of 
                nuisance species from vessels that enter the navigable 
                waters without pumpable ballast water, including the 
                requirements that apply under subparagraph (A), and 
                that are at least as stringent as the regulations in 
                effect on the date of enactment such Act.
                  ``(C) Application of existing regulations.--The 
                regulations issued by the Secretary under this section, 
                as such regulations were in effect on the day before 
                the date of enactment of the Ballast Water Treatment 
                Act of 2007, shall continue to apply to vessels without 
                pumpable ballast water entering or operating on the 
                navigable waters until the earlier of--
                          ``(i) the date on which such vessels are 
                        required to conduct ballast water treatment, in 
                        accordance with the requirements of subsection 
                        (f); or
                          ``(ii) the effective date of final 
                        regulations required under this paragraph.
  ``(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 as may be specified in regulations issued by 
                the Secretary, after consultation with other 
                appropriate Federal agencies as determined by the 
                Secretary, 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 2007, 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.--Paragraph (1) applies 
        to a vessel to which this section applies beginning on the date 
        of the first dry-docking of the vessel after December 31, 2008, 
        but not later than December 31, 2013.
          ``(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 shall issue regulations establishing a process for 
        such approval, after consultation with the heads of other 
        appropriate Federal agencies as determined by the Secretary.
          ``(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) Requirement to review.--The Secretary shall 
                periodically conduct a review to determine whether 
                appropriate technologies are available to achieve the 
                standards set forth in paragraph (1). In reviewing 
                technologies under this subparagraph, the Secretary, 
                after consultation with 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) Deadlines.--The Secretary shall--
                          ``(i) complete an initial review of 
                        technologies under subparagraph (A) within 12 
                        months after the date of the enactment of the 
                        Ballast Water Treatment Act of 2007; and
                          ``(ii) carry out subsequent reviews of 
                        technologies under subparagraph (A) no later 
                        than 24 months after the date that the previous 
                        review was completed.
                  ``(C) Delay in scheduled application.--If the 
                Secretary determines, on the basis of the initial 
                review or any subsequent review conducted under this 
                paragraph, that compliance with the standards set forth 
                in paragraph (1) is not feasible for any class of 
                vessels, the Secretary shall--
                          ``(i) delay the date on which such standards 
                        apply to that class of vessels for a period of 
                        not more than 24 months; and
                          ``(ii) recommend action to ensure such 
                        compliance in accordance with the revised 
                        implementation schedule for that class of 
                        vessels by the date established under clause 
                        (i).
          ``(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 Secretary shall complete review of 
                ballast water treatment standards in effect under this 
                subsection to determine, after consultation with the 
                Administrator and the heads of other appropriate 
                Federal agencies determined by 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 
                Secretary shall revise, by regulation, the requirements 
                of this subsection as necessary.
                  ``(B) Application of adjusted standards.--In the 
                regulations, the Secretary 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 vessels.--
                  ``(A) Vessel list.--Not later than one year after the 
                date of enactment of the Ballast Water Treatment Act of 
                2007, the Secretary shall publish and regularly update 
                a list of vessels 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 an area if the Secretary 
                has determined through a rulemaking proceeding, after 
                consultation with the Administrator and the heads of 
                other appropriate Federal agencies as determined by the 
                Secretary, 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 shall be presumed not to pose a significant 
                risk of introducing aquatic nuisance species unless the 
                Secretary finds otherwise in a rulemaking proceeding 
                under subparagraph (A).
                  ``(C) Best practices.--The Secretary 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) Laboratories.--The Secretary may use any Federal, non-
        Federal, or foreign laboratory that meets standards established 
        by the Secretary for the purpose of evaluating and certifying 
        ballast water treatment technologies that meet the requirements 
        of this subsection.
          ``(12) Program to support the promulgation and implementation 
        of standards.--
                  ``(A) In general.--The Secretary, in coordination 
                with the Under Secretary, the Task Force and other 
                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) Suspension of federal authorities.--Not later 
                than 90 days after the date on which a State submits a 
                program (or revision thereof) under this paragraph, the 
                Secretary shall suspend its authorities under 
                subsections (k) and (l) in such State, unless the 
                Secretary determines that the State program does not 
                meet the requirements of this paragraph. If the 
                Secretary so determines, the Secretary shall notify the 
                State of any revisions or modifications necessary to 
                conform to such requirements.
                  ``(D) 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.
                  ``(E) 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.
                  ``(F) 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.
          ``(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.
  ``(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) 
        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.
  ``(r) 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 2007, 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.
          ``(2) Transiting vessels.--Not later than 180 days after the 
        date of enactment of the Ballast Water Treatment Act of 2007, 
        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;'';
          (11) in paragraph (23), as so redesignated, by striking the 
        period at the end and inserting ``;''; and
          (12) by inserting after paragraph (27), as so redesignated 
        and amended, the following:
          ``(28) `waters subject to the jurisdiction of the United 
        States' means navigable waters and the territorial sea of the 
        United States, the exclusive economic zone, and the Great 
        Lakes.''.
  (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 the enactment of the 
                Ballast Water Treatment Act of 2007; 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 alternative ballast 
        water management methods 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 alternative ballast water 
                management methods 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 by 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 alternative ballast water management 
        methods.--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
                  ``(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--ALIEN SMUGGLING

SEC. 601. SHORT TITLE.

  This title may be cited as the ``Maritime Law Enforcement Improvement 
Act of 2007''.

SEC. 602. MARITIME LAW ENFORCEMENT.

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

                ``CHAPTER 707--MARITIME LAW ENFORCEMENT

``Sec.
``70701. Offense.
``70702. Attempt or conspiracy.
``70703. Affirmative defenses.
``70704. Penalties.
``70705. Criminal forfeiture.
``70706. Civil forfeiture.
``70707. Extension beyond territorial jurisdiction.
``70708. Claim of failure to comply with international law; 
jurisdiction of court.
``70709. Federal activities.
``70710. Definitions.

``Sec. 70701. Offense

  ``It shall be unlawful for any person on board a covered vessel to 
transport or facilitate the transportation, harboring, or concealment 
of an alien on board such vessel knowing or having reason to believe 
that the alien is attempting to unlawfully enter the United States.

``Sec. 70702. Attempt or conspiracy

  ``Any person on board a covered vessel who attempts or conspires to 
commit a violation of section 70701 shall be subject to the same 
penalties as those prescribed for the violation, the commission of 
which was the object of the attempt or conspiracy.

``Sec. 70703. Affirmative defenses

  ``It is an affirmative defense to a prosecution under this section, 
which the defendant must prove by a preponderance of the evidence, 
that--
          ``(1)(A) the alien was on board pursuant to a rescue at sea, 
        or was a stowaway; or
          ``(B) the entry into the United States was a necessary 
        response to an imminent threat of death or serious bodily 
        injury to the alien;
          ``(2) the defendant, as soon as reasonably practicable, 
        informed the Coast Guard of the presence of the alien on the 
        vessel and the circumstances of the rescue; and
          ``(3) the defendant complied with all orders given by law 
        enforcement officials of the United States.

``Sec. 70704. Penalties

  ``Any person who commits a violation of this chapter shall be 
imprisoned for not less than 3 nor more than 20 years or fined not more 
than $100,000, or both; except that--
          ``(1) in any case in which the violation causes serious 
        bodily injury to any person, regardless of where the injury 
        occurs, the person shall be imprisoned for not less than 7 nor 
        more than 30 years or fined not more than $500,000, or both; 
        and
          ``(2) in any case in which the violation causes or results in 
        the death of any person regardless of where the death occurs, 
        the person shall be imprisoned for not less than 10 years nor 
        more than life or fined not more than $1,000,000, or both.

``Sec. 70705. Criminal forfeiture

  ``The court, at the time of sentencing a person convicted of an 
offense under this chapter, shall order forfeited to the United States 
any vessel used in the offense in the same manner and to the same 
extent as if it were a vessel used in an offense under section 274 of 
the Immigration and Nationality Act (8 U.S.C. 1324).

``Sec. 70706. Civil forfeiture

  ``A vessel that has been used in the commission of a violation of 
this chapter shall be seized and subject to forfeiture in the same 
manner and to the same extent as if it were used in the commission of a 
violation of section 274(a) of the Immigration and Nationality Act (8 
U.S.C. 1324(a)).

``Sec. 70707. Extension beyond territorial jurisdiction

  ``Sections 70701 and 70702 apply even though the act is committed 
outside the territorial jurisdiction of the United States.

``Sec. 70708. Claim of failure to comply with international law; 
                    jurisdiction of court

  ``A claim of failure to comply with international law in the 
enforcement of this chapter may be invoked as a basis for a defense 
solely by a foreign nation. A failure to comply with international law 
shall not divest a court of jurisdiction or otherwise constitute a 
defense to any proceeding under this chapter.

``Sec. 70709. Federal activities

  ``Nothing in this chapter applies to otherwise lawful activities 
carried out by or at the direction of the United States Government.

``Sec. 70710. Definitions

  ``In this chapter, the following definitions apply:
          ``(1) Alien.--The term `alien' has the meaning given that 
        term in section 70105(f).
          ``(2) Covered vessel.--The term `covered vessel' means a 
        vessel of the United States, or a vessel subject to the 
        jurisdiction of the United States, that is less than 300 gross 
        tons (or an alternate tonnage prescribed by the Secretary under 
        section 14104 of this title) as measured under section 14502 of 
        this title.
          ``(3) Serious bodily injury.--The term `serious bodily 
        injury' has the meaning given that term in section 1365 of 
        title 18, United States Code.
          ``(4) United states.--The term `United States' has the 
        meaning given that term is section 114.
          ``(5) Vessel of the united states.--The term `vessel of the 
        United States' has the meaning given that term in section 
        70502.
          ``(6) Vessel subject to the jurisdiction of the united 
        states.--The term `vessel subject to the jurisdiction of the 
        United States' has the meaning given that term in section 
        70502.''.
  (b) Clerical Amendment.--The analysis for such subtitle is amended by 
inserting after the item relating to chapter 705 the following:

``707. Maritime Law Enforcement................................70701''.

         TITLE VII--MISCELLANEOUS HOMELAND SECURITY PROVISIONS

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 activity that jeopardizes 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 and 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 Transportation and Infrastructure of the House of 
        Represetatives, 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 Transportation and 
        Infrastructure of the House of Represetatives, 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 Transportation 
        and Infrastructure of the House of Represetatives, 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 marine 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 Transportation and 
        Infrastructure of the House of Represetatives, 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 the 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 Represetatives, 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 INTERACENCY 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--
                  ``(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. HOMELAND SECURITY IMPACT REVIEW OF LIQUEFIED NATURAL GAS 
                    FACILITIES.

  (a) Requirement of Approval.--No Federal agency shall license, 
approve, or otherwise authorize the construction, expansion, or 
operation of an offshore or waterfront facility for the transfer of 
liquefied natural gas from ships to land or from land to ships unless 
the Secretary of Homeland Security has approved such construction, 
expansion, or operation under this section.
  (b) Homeland Security Impact Review.--Upon receipt of notice of an 
application for a license, approval, or other authorization described 
in subsection (a), the Secretary of Homeland Security shall conduct a 
comprehensive homeland security impact review of the proposed 
construction, expansion, or operation, including proposed shipping 
routes to or from the facility.
  (c) Factors to Be Considered.--In conducting the review under 
subsection (b), the Secretary of Homeland Security shall consider--
          (1) the potential for muliple, simultaneous, coordinated 
        attacks on facilities;
          (2) the potential for assistance in an attack from several 
        persons employed at the facility;
          (3) the potential for suicide attacks;
          (4) water-based and air-based threats;
          (5) the potential use of explosive devices of considerable 
        size and other modern weaponry;
          (6) the potential for attacks by persons with a sophisticated 
        knowledge of facility operations;
          (7) the threat of fires and large explosions; and
          (8) special threats and vulnerabilities affecting facilities 
        located in or within 2 miles of a densely populated urban area.
  (d) Approval.--Upon completion of a review under subsection (b), if 
the Secretary of Homeland Security determines that the proposed 
construction, expansion, or operation of the facility does not pose a 
substantial risk to life and property, the Secretary in coordination 
with appropriate Federal agencies with regulatory responsibility over 
liquefied natural gas facilities shall approve the proposed 
construction, expansion, or operation. Except as provided in subsection 
(a), approval under this subsection shall not affect any other 
requirement under law to obtain a license, approval, or other 
authorization for the construction, expansion, or operation of an 
offshore or waterfront facility for the transfer of liquefied natural 
gas from ships to land or from land to ships.
  (e) Results of Review.--The Secretary of Homeland Security shall 
provide the results of a review conducted under subsection (b)--
          (1) 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;
          (2) to each Federal agency responsible for licensing, 
        approval, or other authorization for the construction, 
        expansion, or operation; and
          (3) to the extent consistent with the protection of homeland 
        security, to affected State and local officials and the public.

SEC. 709. MARITIME BIOMETRIC IDENTIFICATION.

  (a) In General.--The Secretary of Homeland Security, 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. 710. REVIEW OF POTENTIAL THREATS.

   Not later than 1 year after the date of the enactment of this Act, 
the Secretary of Homeland Security shall submit to Congress 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. 711. PORT SECURITY PILOT.

   The Secretary of Homeland Security shall establish a pilot program 
to test and deploy preventive radiological/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. 712. 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 act or omission that results in death, 
        serious bodily injury, sexual assault, or a missing person, or 
        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. 713. 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. 714. 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 the enactment 
of this Act, the Comptroller General shall submit a report to Congress 
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;
          (4) the impact of TWIC on the recruiting and hiring of 
        seasonal and other temporary employees; and
          (5) an assessment of possible alternatives to TWIC 
        certification that may be used for seasonal employees including 
        any security vulnerabilities created by those alternatives.

SEC. 715. COMPARATIVE RISK ASSESSMENT OF VESSEL-BASED AND FACILITY-
                    BASED LIQUEFIED NATURAL GAS REGASIFICATION 
                    PROCESSES.

  (a) In General.--Within 90 days after the date of the enactment of 
this Act, 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 the enactment of 
this Act, 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. 716. SAVINGS CLAUSE.

   Nothing in this Act shall be construed to diminish or affect the 
authority of the Secretary of Homeland Security or the Commandant of 
the Coast Guard pursuant to the Maritime Transportation Security Act of 
2002 (Public Law 107-295), the Ports and Waterways Safety Act (33 
U.S.C. 1221 et seq.), the SAFE Port Act (Public Law 109-347), the 
Homeland Security Act of 2002, or the Implementing Recommendations of 
the 9/11 Commission Act of 2007 (Public Law 110-53).

          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 the 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 
        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 further 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 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 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.

                          Purpose and Summary

    The purpose of H.R. 2830 is to authorize appropriations for 
the Coast Guard for fiscal year 2008, and for other purposes.

                  Background and Need for Legislation

    The United States Coast Guard was established on January 
28, 1915, through the consolidation of the Revenue Cutter 
Service (established in 1790) and the Lifesaving Service 
(established in 1848). The Coast Guard later assumed the duties 
of three other agencies: the Lighthouse Service (established in 
1789), the Steamboat Inspection Service (established in 1838), 
and the Bureau of Navigation (established in 1884).
    Under section 2 of title 14, United States Code, the Coast 
Guard has primary responsibility to enforce or assist in the 
enforcement of all applicable Federal laws on, under, and over 
the high seas and waters subject to the jurisdiction of the 
United States; to ensure the safety of life and property at 
sea; to protect the marine environment; to carry out domestic 
and international icebreaking activities; and to ensure the 
safety and security of vessels, ports, waterways, and related 
facilities.
    As the fifth armed force of the United States, the Coast 
Guard also maintains defense readiness to operate as a 
specialized service in the Navy upon the declaration of war or 
when the President directs. The Coast Guard is composed of 
approximately 40,000 active duty military personnel, 8,100 
reservists, 6,700 civilian employees, and 36,000 volunteers of 
the Coast Guard Auxiliary. The Coast Guard has defended the 
nation in every war since 1790.
    In recent years, the Coast Guard has experienced 
significant increases in its budget and in the service's scope 
of missions to preserve maritime safety and security. Following 
the events of September 11, 2001, the Coast Guard was 
designated as the lead Federal agency with responsibilities for 
maritime homeland security. The Coast Guard has quickly 
incorporated these new missions with the Service's many 
traditional missions of search and rescue, illegal drug and 
migrant interdiction, icebreaking operations, oil spill 
response and prevention, maritime safety, marine environmental 
protection, and fisheries law enforcement. However, the 
addition of these new mission demands, in combination with the 
service's rapidly deteriorating fleet of vessels and aircraft, 
is severely testing the Coast Guard's capabilities to carry out 
its many important missions.
    The Coast Guard has embarked on an ambitious 
recapitalization program to replace the Service's legacy fleet 
of vessels, aircraft and support systems. The Integrated 
Deepwater Systems (Deepwater) program will replace or modernize 
more than 90 ships and 200 aircraft used in the Coast Guard's 
deepwater missions, which generally occur more than 50 miles 
offshore.
    The Deepwater program is scheduled to be completed on a 25-
year schedule and is projected to cost approximately $24 
billion (in 2002 dollars). This figure and timeline represent 
estimates that result from post September 11, 2001 program 
reassessments and increases over the original Deepwater program 
timeline and budget.
    The Deepwater Program has suffered from a lack of 
managerial oversight for several years. This lack of oversight 
has cost the American taxpayer millions of dollars and hours 
wasted. The Committee on Homeland Security is encouraged by the 
Commandant's recent changes to the program and recommends 
pursuing an aggressive Congressional outreach program to allow 
for a consistent dialogue that might reinforce confidence in 
the Coast Guard's ability to manage such a major acquisition 
program. As part of its continued oversight of the Coast Guard, 
the Committee on Homeland Security will continue to ensure that 
the necessary steps are taken to improve the program.
    The Committee on Homeland Security is also committed to 
ensuring a successful roll-out of the Transportation Worker 
Identification Credential (TWIC). TWIC was originally mandated 
by the Maritime Transportation Security Act of 2002. It has 
been almost five years since that bill was passed into law and 
the Department has still not implemented the card. The 
Department of Homeland Security continues to miss deadlines and 
milestones with this program, leading to growing concerns 
within the Committee about the Department's ability to 
successfully roll-out this card in a timely manner that does 
not unnecessarily impact the more than 750,000 transportation 
workers that are expected to attain the card. To address these 
concerns, the Department of Homeland Security is required to 
submit timely reports, which will be assessed by the Government 
Accountability Office, to ensure that the program runs 
smoothly.
    Finally, the Committee on Homeland Security has concerns 
about the security of liquefied natural gas (LNG) tankers and 
facilities. It is projected the LNG imports to the United 
States will grow exponentially over the next few years. This 
increase plus the knowledge that terrorists have targeted ships 
in the past--USS Cole in 2000 and the French oil tanker Limburg 
in 2002--led to the Committee to include several provisions 
focusing on LNG vessel and facility security.

                                Hearings

    The Committee on Homeland Security did not hold any 
hearings on H.R. 2830 in the 110th Congress. The Committee held 
oversight hearings concerning the Coast Guard, detailed below.
    On February 7, 2007, the Committee on Homeland Security 
held a hearing entitled ``An Overview of Issues and Challenges 
Facing the Department of Homeland Security.'' The Committee 
received testimony from the Honorable David Walker, Comptroller 
General of the United States and the Honorable Richard Skinner, 
Inspector General, Department of Homeland Security.
    On February 9, 2007, the Full Committee held a hearing 
entitled ``An Examination of the President's FY 2008 Budget 
Request for the Department of Homeland Security.'' The 
Committee received testimony from Hon. Michael Chertoff, 
Secretary, Department of Homeland Security.
    On February 13, 2007, the Subcommittee on Border, Maritime, 
and Global Counterterrorism held a hearing entitled ``Border 
Security: Infrastructure, Technology, and the Human Element.'' 
The Subcommittee received testimony from Chief David Aguilar, 
U.S. Border Patrol, and Rear Admiral David Pekoske, U.S. Coast 
Guard.
    On April 26, 2007, the Subcommittee on Border, Maritime, 
and Global Counterterrorism held a hearing entitled ``The SAFE 
Port Act: A Six Month Review.'' The Subcommittee received 
testimony from Admiral Craig E. Bone, Assistant Commandant for 
Prevention, United States Coast Guard, Department of Homeland 
Security; Mr. Jayson Ahern, Assistant Commissioner, Office of 
Field Operations, Customs and Border Protection, Department of 
Homeland Security; Ms. Maurine S. Fanguy, Program Director, 
Transportation Worker Identification Credential (TWIC) Program, 
Transportation Security Administration, Department of Homeland 
Security; Mr. Stephen L. Caldwell, Director, Homeland Security 
and Justice Issues, Government Accountability Office; Mr. 
George P. Cummings, Director of Homeland Security, Port of Los 
Angeles; Mr. Richard A. Wainio, Port Director and Chief 
Executive Officer, Tampa Port Authority; Mr. Leal Sundet, Coast 
Committeeman, Longshore Division of the International Longshore 
and Warehouse Union; and Mr. Manny Aschemeyer, Executive 
Director, Marine Exchange of Southern California.
    On May 17, 2007, the Subcommittee on Border, Maritime and 
Global Counterterrorism and the Subcommittee on Management, 
Investigations, and Oversight held a joint hearing entitled 
``Deepwater: Charting a Course for Safer Waters.'' The 
Subcommittees received testimony from Rear Admiral Gary T. 
Blore, Program Executive Officer, Integrated Deepwater System, 
United States Coast Guard, Department of Homeland Security; Mr. 
Richard L. Skinner, Inspector General, Department of Homeland 
Security; Captain Steven T. Baynes, Chief, Atlantic Area 
Response Enforcement Branch, United States Coast Guard, 
Department of Homeland Security; Mr. Fred Moosally, President, 
Lockheed Martin Maritime Systems and Sensors; and Mr. James E. 
Anton, Sector Vice President and General Manager, U.S. Coast 
Guard Programs, Northrop Grumman.

                        Committee Consideration

    H.R. 2830 was introduced by Mr. Oberstar, Mr. Cummings, and 
Mr. Latourette on June 22, 2007, and referred to the Committee 
on Transportation and Infrastructure.
    The Committee on Transportation and Infrastructure reported 
H.R. 2830 to the House on September 20, 2007, as H. Rpt. 110-
338, Part I. The measure was then referred sequentially to the 
House Committee on Homeland Security for a period ending not 
later than October 1, 2007, for consideration of such 
provisions of the bill and the amendment as fall within the 
jurisdiction of that committee pursuant to clause 1(i), rule X.
    On September 25, 2007, the Full Committee met in open 
markup session and ordered H.R. 2830 favorably reported to the 
House of Representatives, amended, by voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto.
    H.R. 2830, to authorize appropriations for the Coast Guard 
for fiscal year 2008, and for other purposes; was ordered 
favorably reported to the House, amended, by voice vote.
    The following amendments were offered:
    An Amendment in the Nature of a Substitute offered by Mr. 
Thompson (#1), was AGREED TO by voice vote.
    An Amendment offered by Mr. McCaul (#1A), to Amendment in 
the Nature of a Substitute offered by Mr. Thompson; to add at 
the end of titled VII, three sections respectfully entitled: 
``Extension of Authority of Secretary of Homeland Security to 
Carry out Certain Research and Development Projects''; 
``Availability of Testing Facilities and Equipment''; and 
``Sec. 316. Availability of Testing Facilities and Equipment''; 
was WITHDRAWN by unanimous consent.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
2830, the Coast Guard Authorization Act of 2007, would result 
in no new or increased budget authority, entitlement authority, 
or tax expenditures or revenues.

                  Congressional Budget Office Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                                     U.S. Congress,
                               Congressional Budget Office,
                                Washington, DC, September 28, 2007.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2830, the Coast 
Guard Authorization Act of 2007.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                         Robert A. Sunshine
                                   (For Peter R. Orszag, Director).
    Enclosure.

H.R. 2830--Coast Guard Authorization Act of 2007

    Summary: H.R. 2830 would authorize the appropriation of 
$7.5 billion through fiscal year 2012, primarily for activities 
of the U.S. Coast Guard (USCG) for 2008. Assuming the 
appropriation of the authorized amounts, CBO estimates that 
implementing the bill would result in discretionary outlays of 
about $5 billion in fiscal year 2008 and $7.4 billion over the 
2008-2012 period. (About $100 million would be spent after 
2012, including $9 million specifically authorized to be 
appropriated for 2013.)
    In addition, the bill addresses the contracting practices 
used by the Coast Guard for the Integrated Deepwater Program 
(IDP). Assuming appropriation of the necessary amounts, CBO 
estimates that the USCG would spend $5 million over the next 
two years to implement title VIII. That increase in spending 
would probably be more than offset by savings in future years--
which could be hundreds of millions of dollars--but CBO cannot 
estimate the likely size of that savings or clearly identify 
what proportion of any long-term savings would be attributable 
to this legislation and what share would result from changes 
that the Coast Guard would implement under current law.
    Several provisions of H.R. 2830 could result in small 
changes in offsetting receipts (a credit against direct 
spending), primarily from fees on commercial vessels, CBO 
estimates that any net change in direct spending under the bill 
would be minimal. We estimate that enacting this legislation 
would increase revenues from civil penalties by $8 million in 
2008, by $31 million over the 2008-2012 period, and by $56 
million over the 2008-2017 period.
    H.R. 2830 contains intergovernmental and private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
because it would preempt some state laws and impose new 
requirements that affect certain public and private vessels and 
others in the maritime industry. The aggregate costs to public 
and private entities of complying with those mandates are 
uncertain and would depend, in part, on future regulations. CBO 
estimates, however, that those costs would not exceed the 
annual threshold established in UMRA for intergovernmental 
mandates ($66 million in 2007, adjusted annually for inflation) 
due to the small number of public entities involved. Because 
the costs to comply with some of the mandates would be 
substantial for private-sector entities, CBO estimates that the 
aggregate cost to those entities would exceed the annual 
threshold established by UMRA for private-sector mandates ($131 
million in 2007, adjusted annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary effects of H.R. 2830 are summarized in Table 1. The 
costs of this legislation fall within budget functions 300 
(natural resources and environment) and 400 (transportation).
    Basis of estimate: For this estimate, CBO assumes that the 
bill will be enacted early in fiscal year 2008 and that the 
authorized amounts will be appropriated for each year.

Spending subject to appropriation

    USCG Authorizations for Fiscal Year 2008. The proposed 
authorization levels shown in Table 1 are those specified by 
the bill for discretionary accounts, excluding $26 million to 
be derived from the Oil Spill Liability Trust Fund (OSLTF). 
That amount, which consists of $24 million for operating 
expenses and $2 million for research, is already authorized 
under existing law. Estimated outlays are based on historical 
spending patterns for the Coast Guard.
    For 2008, title I of the bill would authorize the 
appropriation of about $6.1 billion for USCG operations, 
including $127 million for reserve training and $12 million for 
environmental compliance. That title also would authorize the 
appropriation of about $1.2 billion for capital acquisitions 
and other multiyear projects, including $19 million for 
research activities and $16 million for bridge alterations. Of 
the amounts authorized by title I, $46 million would be derived 
from the OSLTF, including $26 million that is already 
authorized under existing law.
    The bill also would authorize the appropriation of about 
$1.2 billion for Coast Guard retirement benefits in 2008, but 
that amount is excluded from this estimate because such 
benefits are considered an entitlement under current law and 
are not subject to appropriation. Thus, the authorization has 
no additional budgetary impact.

                                TABLE 1.--ESTIMATED BUDGETARY IMPACT OF H.R. 2830
----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal year, in millions of dollars--
                                                           -----------------------------------------------------
                                                              2007     2008     2009     2010     2011     2012
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

USCG Spending Under Current Law:
    Budget Authority/Authorization Level \1\..............    7,164       26        0        0        0        0
    Estimated Outlays.....................................    6,533    1,706      902      424      199      102
Proposed Changes:
    USCG Authorization for 2008:
        Authorization Level...............................        0    7,349        0        0        0        0
        Estimated Outlays.................................        0    4,998    1,274      534      308       99
    Ballast Water Treatment:
        Authorization Level...............................        0       31       31       31       31       31
        Estimated Outlays.................................        0       23       29       30       31       31
    Other USCG Programs:
        Authorization Level...............................        0        7        7        5        6        3
        Estimated Outlays.................................        0        7        7        5        6        3
    Integrated Deepwater Program:
        Estimated Authorization Level.....................        0        5        0        0        0        0
        Estimated Outlays.................................        0        3        2        0        0        0
        Total Changes:
            Estimated Authorization Level.................        0    7,392       38       36       37       34
            Estimated Outlays.............................        0    5,031    1,312      569      345      133
Total Spending Under H.R. 2830:
    Estimated Authorization Level.........................    7,164    7,418       38       36       37       34
    Estimated Outlays.....................................    6,533    6,737    2,214      993      544      235

                                             CHANGES IN REVENUES \2\

Estimated Revenues........................................        0        8        7        6        5       5
----------------------------------------------------------------------------------------------------------------
\1\ The 2007 level is the amount appropriated for that year for USCG discretionary programs. The $26 million
  shown for 2008 is the amount authorized to be appropriated from the Oil Spill Liability Trust Fund for Coast
  Guard operating expenses and research.
\2\ CBO estimates that revenue collections would sum to $56 million over the 2008-2017 period (see Table 2).

    Ballast Water Treatment. Title V would require the Coast 
Guard to establish new standards and procedures for controlling 
the spread of aquatic invasive species through discharges of 
ballast water (water that is carried in tanks by some ships to 
maintain stability). For this purpose, title V would authorize 
appropriations of $31 million a year. Of this amount, $22 
million would be allocated for USCG activities and $9 million 
would be provided to the National Oceanic and Atmospheric 
Administration for related projects.
    Other Coast Guard Programs. Other titles of the bill would 
authorize the appropriation of $3 million for each of fiscal 
years 2008 through 2012 for grants to local governments, 
nonprofit organizations, and others for training programs on 
fishing vessel safety, between $2 million and $3 million a year 
through 2011 to the Great Lakes Maritime Research Institute for 
maritime studies, and $2 million for each of fiscal years 2008 
and 2009 for assessments of vessel traffic risk in Alaska.
    The bill also would authorize whatever amounts are 
necessary for additional port security assets in the Virgin 
Islands, for a pilot project on biometric identification 
methods, and for expanded use of canine teams to detect 
narcotics and explosives. Based on information provided by the 
Coast Guard, CBO estimates that carrying out the activities 
authorized by these provisions would have no significant effect 
on the agency's operating budget.
    Integrated Deepwater Program Reform. CBO estimates that 
complying with the requirements of title VIII would increase 
the Coast Guard's cost to administer IDP by $5 million over the 
next two years, assuming appropriation of the necessary 
amounts. We expect that the USCG would spend most of this 
amount to create a new position of chief acquisition officer, 
to hire and compensate new contract officers for each class of 
cutter and aircraft acquired under IDP, and to perform a 
comprehensive cost estimate for the initiative. We estimate 
that the cost of implementing other administrative 
requirements, such as testing and certifying vessels to meet 
U.S. Navy standards, would not add significantly to the costs 
of the Deepwater initiative.
    The budgetary impact of other provisions of the title is 
uncertain--as is the cost of the Deepwater initiative under 
existing law. According to the Inspector General of the 
Department of Homeland Security (DHS), the Coast Guard's most 
recent cost estimate for the program--$24 billion--is likely to 
be too low because it does not take into account costs of 
hundreds of millions of dollars resulting from delays, design 
failures, and other problems. Title VIII would seek to address 
those problems by requiring greater agency supervision and more 
reliance on competitive bidding. CBO expects that those reforms 
would result in savings, but we cannot estimate the magnitude 
of such savings or predict the extent to which some savings 
would be realized by implementing similar reforms under current 
law.
    Pending Acquisitions. CBO expects that implementing the 
bill would not directly affect pending acquisitions of certain 
classes of assets, such as the national security cutter and the 
maritime patrol aircraft, two assets that the USCG has already 
begun acquiring from its chosen contractor. The bill would 
exempt those and other specified projects from its requirements 
on management and competitive bidding if certain conditions are 
met. The administrative burden of meeting those conditions 
could cause delays in acquiring some fleet replacements and 
thus result in additional operating and maintenance costs over 
the next few years for existing assets. Similar delays, 
however, may occur under current law; the Coast Guard has 
already begun revising the design of those assets to address 
known problems.
    Future Acquisitions. Title VIII would require that future 
phases of IDP be subject to open competition and other reforms. 
The resulting savings from such reforms could be significant--
perhaps hundreds of millions of dollars--but cannot be 
estimated with any precision. Moreover, many of the contracting 
changes may occur even in the absence of legislation. For 
example, the Coast Guard recently announced that it intends to 
begin managing the program itself rather than relying on a 
private systems integrator. The agency has also begun 
implementing some of the other reforms suggested by DHS, such 
as more reliance on competition and independent analysis.
    Any costs or savings that result from implementing the bill 
would depend on corresponding changes in annual appropriation 
acts. Annual funding for acquisitions under the program has 
varied widely--from $320 million in fiscal year 2002 to more 
than $1.1 billion to date for 2007. The President's budget 
request for 2008 includes nearly $840 million for the program.

Changes in direct spending

    Section 323 would authorize the Coast Guard to extend for 
one year certain expiring maritime licenses, certificates of 
registry, and merchant mariner documents. The authority to 
provide such extensions would apply through June 2009. Because 
the extensions would delay the collection of USCG fees charged 
for such documents, enacting this provision could reduce 
offsetting receipts (an offset against direct spending) over 
the next year or two. Some of those receipts may be spent 
without further appropriation, however, to cover collection 
expenses. CBO estimates that the net effect in direct spending 
from enacting the bill would be less than $500,000 a year in 
2008 and 2009.
    Several provisions of H.R. 2830 would direct the USCG to 
donate real and personal property to various parties such as 
local governments or nonprofit organizations. Because some of 
the affected vessels, aircraft, and real estate could have been 
sold as surplus property under existing law, donating such 
assets could result in forgone offsetting receipts. Based on 
information provided by the Coast Guard, however, CBO estimates 
that such losses would be less than $500,000 a year.

Revenues

    H.R. 2830 would establish new penalties and raise other 
existing penalties, resulting in estimated new revenue 
collections of $31 million over the 2008-2012 period and $56 
million over the 2008-2017 period (see Table 2).
    Section 304 would impose a new civil penalty on individuals 
on vessels with a controlled substance, section 308 would 
impose a civil penalty on vessel owners or operators who do not 
keep mariner records for at least five years, and section 503 
would raise civil penalties for ballast water management 
violations. CBO estimates that those provisions would increase 
revenues by less than $500,000 a year.
    Additionally, title VI would impose new civil penalties for 
smuggling people into the United States on vessels, with the 
penalties varying based on the physical condition of the 
individuals being smuggled. The Coast Guard expects that it 
would collect new penalties under the bill from fewer than 100 
smugglers a year, at a rate of about $100,000 per violation. 
Based on other information obtained from the Coast Guard 
regarding the number of individuals who are injured or die 
while being smuggled and on CBO assumptions regarding the 
effectiveness of federal penalties on smuggling activities, we 
estimate that enacting title VI would increase revenues by $8 
million in 2008. We expect the number of violations to fall 
after 2008. Total estimated revenue collections would be $31 
million over the 2008-2012 period and $56 million over the 
2008-2017 period.

                                               TABLE 2.--ESTIMATED REVENUE IMPACT FROM ENACTING H.R. 2830
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         By fiscal year, in millions of dollars--
---------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     2008    2009    2010    2011    2012    2013    2014    2015    2016    2017   2008-2012  2008-2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   CHANGES IN REVENUES

Penalties for Alien Smuggling: Estimated Revenues.       8       7       6       5       5       5       5       5       5       5         31         56
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: H.R. 2830 
would impose intergovernmental and private-sector mandates, as 
defined in UMRA, on owners and operators of certain vessels and 
others in the maritime industry. Those mandates include, but 
are not limited to:
           Safety requirements for certain vessels;
           Standards for treating ballast water for 
        certain vessels; and
           Security, employee protection, and other 
        requirements on businesses and employees in the 
        maritime industry.
    The aggregate costs of the mandates in the bill are 
uncertain because many of them would depend on regulations to 
be developed under the bill. However, CBO estimates that those 
costs would not exceed the annual threshold established in UMRA 
for intergovernmental mandates ($66 million in 2007, adjusted 
annually for inflation) due to the small number of public 
entities involved. Because the costs to comply with some of the 
mandates would be substantial for private-sector entities, CBO 
estimates that the aggregate cost to those entities would 
exceed the annual threshold established by UMRA for private-
sector mandates ($131 million in 2007, adjusted annually for 
inflation).

Mandates that apply to both public and private entities

    Safety Equipment and Management Requirements. H.R. 2830 
would require owners and operators of commercial and public 
vessels to carry approved survival craft that ensure that no 
part of an individual is immersed in water. All survival craft 
would have to meet this standard by January 1, 2013. The costs 
to comply with this mandate would depend on how the Coast Guard 
would implement the new standard. However, because most public 
vessels do not use survival craft that immerse individuals in 
water, CBO estimates that additional costs to public entities 
would be minimal. Because of the large number of private 
vessels that would be affected (each of which carry anywhere 
from one to hundreds of survival craft), CBO estimates that 
compliance costs for the private sector could be substantial 
relative to UMRA's threshold.
    The bill also would require certain domestic passenger 
vessels to implement safety management procedures as determined 
by the Secretary of Homeland Security. According to the Coast 
Guard and industry sources, the costs to public and private 
entities could vary widely depending on the coverage and scope 
of those procedures. However, only a small number of public 
entities would be affected by those requirements. CBO cannot 
estimate the total cost of this mandate to private entities 
because it would depend on future regulations.
    Treatment of Ballast Water. Current regulations require 
U.S. and foreign vessels with ballast tanks that operate in the 
waters of the United States and that are bound for ports or 
places in the United States to report on and conduct activities 
relating to the exchange of ballast water. The bill would place 
additional requirements on those vessels by requiring new 
systems for treating ballast water. In addition, new vessels 
built after 2008 would have to meet specific design and 
construction requirements for water treatment systems to be 
eligible to operate in U.S. waters.
    According to several industry experts and the Coast Guard, 
water treatment systems currently available would cost between 
$300,000 and $1 million to install per ballast system. Some 
vessels that would need these systems may have as many as 20 
ballast tanks, and each tank would have to be fitted with a 
treatment system. While vessels owned by state and local 
governments that do not meet exemption standards would be 
required to comply, CBO estimates that the costs to those 
entities would be small because we expect that few publicly 
owned vessels would be affected. CBO estimates that the cost 
for the private sector to comply with this mandate would exceed 
the threshold for private-sector mandates in at least one year 
over the 2008-2012 period.
    Other Mandates on the Maritime Industry. The bill also 
would impose new requirements on public entities, businesses, 
and employees in the maritime industry. For example, the bill 
would impose new security requirements on liquified natural gas 
facilities; require owners and operators of public and 
commercial vessels, including cruise ships, to comply with new 
recording requirements; require ports to include in their 
security plans provisions that allow crew members, pilots, and 
representatives of crew members to leave and reboard ships 
without paying escort fees; allow the Secretary of 
Transportation to subpoena information in the course of an 
investigation related to the ballast water requirements; and 
provide certain whistleblower protections for maritime 
employees. CBO estimates that the additional costs to comply 
with those mandates would be small because compliance likely 
would involve only a small adjustment in current procedures, or 
because public entities would be unlikely to engage in the 
prohibited activities. The cost of some of the mandates, 
however, would depend on regulatory action taken under the bill 
and cannot be estimated at this time.

Mandates that apply to public entities only

    The bill also would preempt state and local laws that would 
be inconsistent or conflict with the new federal requirements. 
CBO estimates that the additional costs to comply with that 
mandate would be small because compliance likely would involve 
only a small adjustment in current procedures.

Mandates that apply to private entities only

    Safety Requirements for Fishing Industry Vessels. H.R. 2830 
would impose new safety requirements on owners and operators of 
commercial fishing vessels. The bill also would require the 
individuals in charge of commercial fishing vessels operating 
beyond three nautical miles of the U.S. coast to keep a record 
of equipment maintenance and to pass a safety training program 
and a refresher training once every five years. The cost of 
recordkeeping would be minimal. The new safety training 
program, however, would have to include training in collision 
prevention, personal survival, and emergency medical care. 
According to industry sources, the cost of similar training 
programs currently available is between $100 and $500 per 
person. Such sources also indicate that thousands of U.S. 
commercial fishing captains nationwide and others would have to 
comply with the training requirement. The bill also would 
establish a grant program to provide training on commercial 
fishing safety.
    The bill would establish safety equipment standards for 
certain commercial fishing industry vessels operating beyond 
three nautical miles of the coast. In addition, beginning in 
2008, the bill would require that such vessels that are less 
than 50 feet in length be constructed in a manner that provides 
a level of safety equivalent to the minimum safety standards 
established by the Coast Guard that apply to recreational 
vessels. The cost to comply with those mandates would depend on 
the standards to be set by the Coast Guard.

Other impacts

    Other provisions of the bill would benefit state and local 
governments. In particular, the bill would likely increase 
sales tax receipts in Idaho and Alaska by clarifying that 
certain providers of recreation vessels are subject to sales 
taxes on rentals. The bill also would benefit state and local 
governments and public universities by conveying certain 
boathouses, ships, aircraft, and land rights to those 
governments and entities, and by authorizing certain grant 
programs.
    Previous CBO estimates: On August 29, 2007, CBO transmitted 
a cost estimate for H.R. 2830 as ordered reported by the House 
Committee on Transportation and Infrastructure on June 28, 
2007. The two versions of the legislation are very similar. The 
estimated costs of the bill as approved by the Committee on 
Homeland Security are higher because it would authorize $229 
million more (in 2008) for USCG acquisitions.
    On July 17, 2007, CBO transmitted a cost estimate for H.R. 
2722, the Integrated Deepwater Program Reform Act, as ordered 
reported by the House Committee on Transportation and 
Infrastructure on June 28, 2007. On May 10, 2007, we 
transmitted a cost estimate for S. 924, the Integrated 
Deepwater Program Reform Act, as ordered reported by the Senate 
Committee on Commerce, Science, and Transportation on April 25, 
2007. S. 924, H.R. 2722, and title VIII of H.R. 2830 address 
similar issues and would have similar budgetary effects if 
enacted. CBO estimates that H.R. 2830, like H.R. 2722, would 
have lower up-front costs than S. 924 because it would not 
require the Coast Guard to contract with a third party to 
perform a major analysis of IDP.
    Both versions of H.R. 2830 contain the same 
intergovernmental mandates and essentially the same private-
sector mandates. The version ordered reported by the Homeland 
Security Committee contains some additional private-sector 
mandates (on commercial vessels and certain facilities), but 
CBO estimates that the costs of the additional requirements to 
the private sector would be minimal.
    Estimate prepared by: Federal Spending: Deborah Reis; 
Federal Revenues: Barbara Edwards; Impact on State, Local, and 
Tribal Governments: Elizabeth Cove; Impact on the Private 
Sector: Jacob Kuipers.
    Estimate approved by: Peter H. Fontaine, Assistant Director 
for Budget Analysis; G. Thomas Woodward, Assistant Director for 
Tax Analysis.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, H.R. 2830 contains the following 
general performance goals, and objectives, including outcome 
related goals and objectives authorized.
    To authorize funding for personnel, administration, and 
activities of the United States Coast Guard and make changes to 
maritime security law, maritime transportation law, and the 
Coast Guard Deepwater Program.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains the following 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of the rule 
XXI.

------------------------------------------------------------------------
            Section                     Earmark              Member
------------------------------------------------------------------------
101...........................  New London,             Mr. Courtney.
                                 Connecticut pier--
                                 $6.7 million.
401...........................  Gallant Lady..........  Ms. Corrine
                                                         Brown of
                                                         Florida.
402...........................  Ocean Veritas.........  Mr. Don Young.
404...........................  Brant Point...........  Mr. Delahunt.
407...........................  Storis................  Mr. Don Young.
409...........................  Town of Jupiter         Mr. Mahoney of
                                 Island, Florida.        Florida.
410...........................  HU-25 Falcon Jets.....  Mr. Cummings.
411...........................  Conveyance Coahoma      Mr. Thompson of
                                 County, Mississippi.    Mississippi.
412...........................  Conveyance Warren       Mr. Thompson of
                                 County, Mississippi.    Mississippi.
413...........................  Conveyance Washington   Mr. Thompson of
                                 County, Mississippi.    Mississippi.
417...........................  Maryland Independence.  Mr.
                                                         Ruppersberger.
419...........................  Assets for U.S. Virgin  Mrs. Christensen
                                 Islands.                of the Virgin
                                                         Islands.
------------------------------------------------------------------------

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 1, which grants Congress the power 
to provide for the common Defense of the United States.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    Section 1 states that the legislation may be referred to as 
the ``Coast Guard Authorization Act of 2007''.

                         Title I--Authorization

    Title I authorizes funding levels and end-of-year military 
strength levels and military training student loads for fiscal 
year 2008.

Section 101. Authorization of appropriations

    Section 101 authorizes $7,374,061,000 in discretionary 
spending, a modest 5.3 percent above the President's budget 
request of $7,000,121,000. As reported by the Committee on 
Transportation and Infrastructure, this section would authorize 
$7,145,055,000 in discretionary spending, an increase of 2.1 
percent above the President's budget request. The Committee of 
Homeland Security (Committee) notes that the difference is an 
increase of $229,006,000 for the Integrated Deepwater System 
Program, which the Committee funded at the Fiscal Year 2007 
appropriated level. The Committee also added the requisite 
oversight for such an improvement by attaching the text of H.R. 
2722, the ``Integrated Deepwater Program Reform Act,'' as a new 
Title VIII.
    This section also modifies the funding floors for search 
and rescue and marine safety missions. The Committee agrees 
that the Coast Guard must maintain its multi-mission nature and 
effectively balance its homeland and non-homeland security 
missions. However, the Committee is concerned that establishing 
a funding floor for any mission, homeland and non-homeland 
included, would remove a measure of flexibility that the Coast 
Guard needs to carry out its duties. The Coast Guard must have 
the flexibility to surge resources, as necessary to meet any 
mission, whether it be shutting down all port activity in 
response to a terror attack, or rescuing people following a 
massive natural disaster.

Section 102. Authorized levels of military strength and training

    Section 102 authorizes a Coast Guard end-of-year strength 
of 45,500 active duty military personnel for fiscal year 2008. 
This level maintains the personnel level that was authorized at 
the end of fiscal year 2006. The section also authorizes 
average military training student loads for fiscal year 2008 at 
the same level as was authorized in fiscal year 2006.

Section 103. Transfer of bridge administration program and functions

    Section 103 authorizes the transfer of the bridge 
administration from the Department of Homeland Security (Coast 
Guard) to the Department of Transportation. Prior to 1967, 
these operations were performed by the Army Corps of Engineers 
and were transferred to the Department of Transportation when 
it was created to provide better coordination between the 
marine industry that uses the waterways and the railroads and 
highway departments who generally own the bridges.

                         Title II--Coast Guard

    Title II amends Title 14, the title of the United States 
Code that authorizes activities and functions of the Coast 
Guard.

Section 201. Appointment of civilian Coast Guard judges

    Section 201 amends chapter 7 of title 14, United States 
Code, to authorize the Coast Guard to appoint civilian judges 
to the Coast Guard Appellate Court, which hears appeals from 
courts-martial, as vacancies occur. Civilian judges were 
previously permitted to be appointed to this court by the 
Secretary of Transportation, and this provision provides the 
Secretary of Homeland Security with the same statutory 
authority.

Section 202. Industrial activities

    Section 202 authorizes Coast Guard industrial activities 
facilities, such as the Coast Guard Yard in Baltimore, 
Maryland, and the Aircraft Repair and Supply Center in 
Elizabeth City, North Carolina, to enter into reimbursable 
agreements to perform work for agencies in the Department of 
Defense.

Section 203. Reimbursement for certain medical-related travel expenses

    Section 203 authorizes reimbursement of travel-related 
expenses to Coast Guard personnel who are stationed on an 
island in the 48 contiguous States when a family member is 
referred to a specialty care provider off-island that is less 
than 100 miles from the primary care provider. Currently, there 
is only authorization for the reimbursement when the specialty 
care provider is more than 100 miles. Their families do not 
have the option of driving off-island and, as a result, often 
have to pay expensive flight costs. Personnel stationed outside 
the continental United States already have authority for this 
reimbursement.

Section 204. Commissioned officers

    Section 204 will make permanent the temporary increase in 
the Coast Guard's allowable number of officers from 6,200 to 
6,700 that was authorized for 2004-2006. This increase was 
previously granted as a result of the Service's increased 
homeland security role following September 11.

Section 205. Coast Guard participation in the Armed Forces Retirement 
        Home system

    Section 205 authorizes Coast Guard veterans to have the 
same access to the Armed Forces Retirement Home system as 
retirees from the other military services.

Section 206. Grants to international maritime organizations

    Section 206 amends Section 149 of title 14, United States 
Code, to authorize the Coast Guard to provide funds to 
international maritime authorities and organizations that 
collect and maintain international databases. In exchange, the 
Coast Guard would have access to information on foreign vessels 
and ports regarding their global safety and security compliance 
history. This additional information would allow the Coast 
Guard to make more accurate threat assessments.

Section 207. Emergency leave retention authority

    Section 207 provides that any Coast Guard personnel who 
work in support of a declaration of a major disaster or 
emergency by the President shall retain up to a total of 90 
days of accrued leave. Currently, personnel can only retain up 
to 60 days of accrued leave if not used by the end of the 
fiscal year.

Section 208. Enforcement authority

    Section 208 makes a technical correction to transfer 
language from title 46, United States Code, to title 14, United 
States Code, regarding the Coast Guard's law enforcement 
authorities at onshore facilities. The provision also removes a 
limitation that had only permitted Coast Guard personnel to 
make arrests if a crime actually occurs in their presence.

Section 209. Repeal

    Section 209 repeals section 216 of title 14, United States 
Code, which pertains to the ranking of warrant officers. This 
provision is obsolete.

Section 210. Admirals and Vice Admirals

    Section 210 implements the Administration's proposed 
reorganization of the Coast Guard by eliminating the two Area 
Commands that are established by law and the Coast Guard Chief 
of Staff. These three Vice Admirals are replaced by a Deputy 
Commandant for Mission Support; a Deputy Commandant for 
National Operations and Policy; a Commander, Force Readiness 
Command; and a Commander, Operations Command. This section also 
promotes the Vice Commandant to a full Admiral.

Section 211. Merchant Marine Medical Advisory Committee

    Section 211 authorizes the Secretary to appoint a Merchant 
Marine Medical Advisory Committee to advise the Secretary 
regarding medical issues relating to the medical certification 
of merchant mariners, including physical qualifications for 
operators of commercial vessels. Ten members of the 12 member 
committee shall be medical professionals with expertise 
regarding the medical examination of merchant mariners or 
occupational medicine, and two shall be professional mariners 
with experience in mariner occupational requirements.

Section 212. Reserve commissioned warrant officer to lieutenant program

    Section 212 authorizes the President to promote a 
commissioned Coast Guard warrant officer in regular and reserve 
service to the grade of lieutenant on a temporary basis in 
accordance with the needs of the service.

Section 213. Enhanced status quo officer promotion system

    Section 213 provides the Coast Guard the authority to 
retain and promote officers that have specialized skills in 
order to meet the needs of the Coast Guard. The current Coast 
Guard promotion system provides the Coast Guard with 
generalists and does not readily allow for officer specialties. 
The 2002-2003 Officer Corps Management System studies found 
that there is an increasing need in the officer corps for 
specialists. The Committee recommends that the Coast Guard use 
this authority to significantly increase the number of 
specialists in the Coast Guard.

Section 214. Laser training system

    Section 214 requires the Coast Guard to test an integrated 
laser system for training Coast Guard personnel on the use of 
automatic weapons and M-16 rifles on small Coast Guard vessels 
on the Great Lakes. The Secretary is also required to submit a 
report to Congress on the costs and benefits of using a laser 
training system for Coast Guard personnel on the Great Lakes 
and nationally.

Section 215. Coast Guard vessels and aircraft

    Section 215 expands section 637 of title 14, United States 
Code, to provide that personnel in command of a Coast Guard 
operation that use disabling fire to stop a vessel or aircraft 
are also to be indemnified if the vessel is under the tactical 
control of the Coast Guard and Coast Guard personnel are on the 
vessel or aircraft conducting the Coast Guard mission.

Section 216. Coast Guard District Ombudsmen

    Section 216 encourages the Coast Guard to develop a 
District Ombudsman program to help improve communications 
between and among port stakeholders and the Coast Guard, to 
assist in the timely resolution of disputes between the Coast 
Guard and those that are regulated by or assisted by the Coast 
Guard. This section directs the Ombudsman to endeavor to work 
closely with the Coast Guard, while providing stakeholders with 
a forum for submitting their grievances. This section allows 
the Commandant to set nation-wide guidelines so that there is 
parity between Districts as to the authorities, processes, and 
procedures of the various District Ombudsmen. This provision 
prohibits the Ombudsman from conducting any investigation that 
parallels an on-going administrative, civil, or criminal legal 
proceeding. It also prohibits the District Ombudsman from 
partaking in a complaint if the resolution of that complaint 
would provide a direct or indirect benefit to the Ombudsman.

                   Title III--Shipping and Navigation

    Title III amends statutes relating to shipping and 
navigation in U.S. waters.

Section 301. Vessel size limits

    Section 301 allows fishing vessels in the rationalized 
Bering Sea/Aleutian Islands pollock fishery to be documented 
with a fishery endorsement if the vessel is a rebuilt or a 
replacement vessel of a vessel that is authorized to hold a 
Federal fishery permit under the American Fisheries Act, 
notwithstanding current limits on length, tonnage, and 
horsepower. This section does not alter the fishery quotas 
established through the Federal fisheries management process.

Section 302. Goods and services

    Section 302 clarifies that non-Federal sales taxes on goods 
and services may be levied upon or collected from vessels when 
the vessel is operating on any navigable water subject to the 
authority of the United States.

Section 303. Seaward extension of anchorage grounds jurisdiction

    Section 303 extends the Coast Guard's authority to 
establish anchorage grounds for vessels from three nautical 
miles to 12 nautical miles and also increases the civil penalty 
fines imposed for a violation of rules concerning the anchorage 
grounds from $100 to up to $10,000, with each day of a 
continuing violation constituting a separate violation. The 
amount of the penalty was last adjusted in 1915.

Section 304. Maritime Drug Law Enforcement Act Amendment--simple 
        possession

    Section 304 establishes a civil penalty offense for simple 
possession of a controlled substance on a vessel subject to the 
jurisdiction of the United States or at a facility defined 
under section 70101 of title 46, United States Code. The civil 
penalty shall be up to $10,000 for each violation.

Section 305. Technical amendments to tonnage measurement law

    Section 305 makes technical amendments to laws regarding 
the tonnage measurement of vessels.

Section 306. Seamen's shoreside access

    Section 306 authorizes seaman, pilots, ministers, and labor 
organizations who board and depart a vessel in compliance with 
the provisions of the facility security plan to do so at no 
cost. The Committee is concerned about a growing problem where 
such individuals are being charged hundreds of dollars for an 
escort through a facility when boarding or departing vessels.

Section 307. Fishing vessel safety

    Section 307 establishes safety equipment standards for all 
commercial fishing, fish tender, and fish processing fishing 
vessels operating beyond three nautical miles of the coast, and 
clarifies the equipment requirements for these vessels. In 
addition, Section 307 establishes design and construction 
standards for all new vessels. New fishing and fish tender 
vessels, and fishing or fish tender vessels that undergo a 
``major conversion'' as defined in 46 U.S.C. 2101(14a), 
operating beyond three nautical miles of the coast and over 50 
feet in length, will need to be ``classed'' by the American 
Bureau of Shipping or an equivalent classification society. 
``Classification'' provides evidence that a vessel is 
mechanically and structurally fit for the intended service. New 
fishing and fish tender vessels, operating beyond three 
nautical miles of the coast, less than 50 feet in length, are 
required under this section to meet standards required of 
recreational vessels under section 4302 of title 46, United 
States Code, that provide an equivalent level of safety. New 
fishing vessels over 79 feet in length would be required to 
have a ``load line.'' Section 307 also authorizes the Secretary 
to examine vessels that operate beyond three nautical miles of 
the coast to ensure compliance with safety regulations.
    Existing fishing vessels more than 25 years of age are not 
required to meet any classification requirement until January 
1, 2018. After that date, 25 year old fishing vessels will be 
required to meet an alternate compliance program established by 
the Secretary of Homeland Security. The Secretary is required 
to prescribe the alternate compliance program standards by 
January 1, 2015.
    The section also authorizes and requires a training program 
for the operators of fishing vessels that operate beyond three 
miles of the coast. The program is to be based on professional 
knowledge, hands-on training, and will give credit for recent 
past experience. Those who successfully complete the program 
will receive a certificate, and will need to complete refresher 
training at least once every five years to keep the certificate 
current. Individuals who hold a mariner license and can 
demonstrate equivalent training, while encouraged to obtain the 
training described, should not be required to do so.
    The requirements developed by the Coast Guard for the 
approval of the structured, shore side training course must 
include specific elements listed in this section, and a 
suitable rigorous test covering each of these enumerated 
elements should be administered. The student must pass an 
examination for each of the items addressed as well as a final 
test and skill demonstration at the course end covering the 
elements of each of the areas specified. Upon successful 
completion of the Coast Guard approved training program, the 
training provider will issue a certificate of completion in the 
format prescribed in the Coast Guard course approval 
regulations or associated guidance documents. The training 
program developed by the Coast Guard should include an 
oversight and audit program to assure that the courses 
delivered by the approved training providers meet the stated 
approval requirements.
    While Section 307 does not address fishermen's physical 
condition nor drug and alcohol testing, it is critical to a 
safe working environment, and the Committee believes that 
responsible vessel operators should make it part of their 
normal business practice. The protocols for such a program are 
well established and successful in the other commercial 
maritime shipping communities. Similarly, workplace injury and 
operational accidents from slips, falls and man overboard 
accidents need to be addressed in an operator's safety program.
    Section 307 also establishes two grants programs. This 
section authorizes the Secretary to establish Fishing Vessel 
Safety Grants, to fund training of operators and crew of 
commercial fishing vessels. It is the intent of the Committee 
that these grants be available to programs and individuals who 
provide training for both operators and crewmembers of 
commercial fishing vessels. The grants are to be awarded on a 
competitive basis to organizations or individuals that are 
approved by the Secretary and that provide hands-on, skills-
based training. This section further authorizes the Secretary 
to establish Fishing Safety Research Grants, to provide funding 
for research on methods to improve the safety of commercial 
fishing, specifically including investigation of enhanced 
vessel monitoring systems. Additional funding for this program 
is added to the Coast Guard's R&D authorization in Section 
101(3) of this Act.

Section 308. Mariner records

    Section 308 authorizes the Secretary to require vessel 
owners or managing operators of commercial vessels to maintain 
employment records of seamen for a period of not less than five 
years after the completion of employment, and to make the 
records available to the individual or the Coast Guard on 
request.

Section 309. Deletion of exemption of license requirement for operators 
        of certain towing vessels

    Section 309 deletes an exemption for licensing of operators 
of vessels engaged in the offshore mineral and oil industry 
where the vessel has offshore mineral and oil industry sites or 
equipment as its ultimate destination or place of departure. 
The exemption created by Section 8905(b) of title 46, United 
States Code, exempting operators of certain vessels from U.S. 
Coast Guard licensing requirements, is no longer a viable 
exception to the rule and creates a potential serious threat to 
navigational safety.

Section 310. Adjustment of liability limits for natural gas deepwater 
        ports

    Section 310 authorizes the Secretary to establish a minimum 
limit of liability for liquefied natural gas (``LNG'') 
deepwater ports of $12 million.

Section 311. Period limitations for claims against Oil Spill Liability 
        Trust Fund

    Section 311 reduces the period that claims can be filed 
against the Oil Spill Liability Trust Fund from six years to 
three years.

Section 312. Log books

    Section 312 requires log books on all manned inspected 
vessels, not just those on foreign or coastwise voyages, and 
adds new circumstances when information must be added to the 
log book.

Section 313. Unsafe operation

    Section 313 adds a new section to 46 U.S.C. Chapter 21 
applying ``termination for unsafe operation'' to all vessels 
subject to the title. Currently, there are similar provisions 
for ``recreational vessels'' and ``uninspected commercial 
fishing industry vessels.'' This new provision would permit 
those authorized to enforce the title to remove and terminate a 
voyage when the vessel is not in compliance with an issued 
certificate or is being operated in an unsafe condition that 
creates an especially hazardous condition.

Section 314. Approval of survival craft

    Section 314 prohibits the Secretary from approving as a 
``survival craft'' a device that does not support the 
individuals it is certified to carry when those individuals are 
out of the water. For instance, a six-person device must be 
able to support six persons out of the water, while a 25-person 
device must be able to support 25 persons out of the water.
    This section does not stipulate the vessels that must carry 
survival craft. The section also does not require that all 
survival craft be inflatable, since designs may be developed in 
the future for rigid survival craft that are capable of 
supporting individuals out of the water.
    The importance of providing survival craft that will 
support individuals out of the water is particularly important 
for infants, the elderly, and the disabled. The FAA currently 
requires that aircraft operating over-water be equipped with 
life rafts that provide out-of-the-water protection.
    This section allows the use of existing approved survival 
craft that do not provide out-of-the-water protection for up to 
five years provided the equipment is in good and serviceable 
condition.

Section 315. Safety management

    Section 315 authorizes the Secretary to require ``Safety 
Management Systems'' on passenger vessels and small passenger 
vessels based on the number of passengers that could be killed 
or injured in a marine casualty. A ``Safety Management System'' 
requires vessel owners to document operational policy, chain of 
authority, and operational and emergency procedures that 
specify responsibilities of the owner or operator, managers, 
and masters; and outlining procedures for management review, 
internal audits, and correction of problems. This section does 
not require the Coast Guard to apply the International Safety 
Management System to these vessels. Instead, the Coast Guard is 
required to consider the characteristics, methods of operation, 
and nature of the service of these vessels when prescribing the 
safety management regulations.

Section 316. Protection against discrimination

    Section 316 allows maritime workers who lose their jobs or 
are discriminated against because they report safety violations 
to the Coast Guard to use the same Department of Labor 
complaint process that is currently available to commercial 
drivers, railroad workers, and aviation workers. The section 
also clarifies the whistleblower protections provided in the 
Coast Guard Authorization Act of 2002. This section expands 
these protections to cover a broader scope of work related 
issues, such as cooperating with a safety investigation of the 
National Transportation Safety Board.

Section 317. Dry bulk cargo residue

    Section 317 extends from 2008 to 2009 the time the Coast 
Guard has to promulgate regulations for the disposal of dry 
bulk cargo residue in the Great Lakes.

Section 318. Clarification of delegation of authority to classification 
        societies

    Section 318 clarifies and extends the existing authority to 
delegate inspection to a recognized classification society to 
off-shore structures or ``floating installations''. Currently 
the Secretary may delegate inspection of vessels, but not 
structures, to a classification society.

Section 319. Registry endorsement for LNG vessels

    Section 319 requires that a vessel or facility engaged in 
regasification of liquefied natural gas (LNG) on the navigable 
waters of the United States to have a registry endorsement 
unless it is transporting LNG from a foreign port.
    The Coast Guard is directed to provide the Committee an 
update on their current efforts to regulate the safety and 
security standards for offshore regasification facilities.

Section 320. Oaths

    Section 320 repeals Sections 7105 and 7305 of title 46, 
United States Code, which require the applicant to appear in 
person to take an oath.

Section 321. Duration of credentials

    Section 321 permits the holder of a merchant mariner 
document or license to renew the document in advance of the 
expiration of an existing document, but delays the effective 
date until the previous document expires.

Section 322. Fingerprinting

    Section 322 eliminates duplicate fingerprinting for 
merchant mariners who have already been fingerprinted in 
connection with obtaining a Transportation Worker 
Identification Card.

Section. 323. Authorization to extend the duration of licenses, 
        certificates of registry, and Merchant Mariner's Documents

    Section 323 permits the Secretary to extend for up to one 
year a License or Certificate of Registry or a Merchant 
Mariner's Document, if the Secretary determines that such 
extension would eliminate a backlog in processing applications.

Section 324. Merchant mariner documentation

    Section 324 requires the Secretary of Homeland Security to 
develop an interim clearance procedure that will allow the 
issuance of a merchant mariner document to a new-hire or an 
off-shore supply or towing vessel provided the Secretary makes 
a preliminary determination that the individual does not pose a 
safety and security risk.

Section 325. Merchant mariner assistance report

    Section 325 requires the Coast Guard to report to the 
appropriate committees of the House and Senate--not later than 
180 days after enactment of this Act--on plans to (1) expand 
the streamlined evaluation that was implemented at Houston 
Regional Exam Center; (2) simplify the application process of 
seamen and merchant mariner documents; (3) provide notice to an 
applicant of the status of a pending application; and (4) 
ensure that information collected from applicants is retained 
in a secure electronic format.

Section 326. Merchant mariner shortage report

    Section 326 requires the Secretary of Transportation, 
through the Administrator of the Maritime Administration, to 
report to the appropriate committees of the House and Senate--
not later than 180 days after enactment of this Act--on methods 
to address current and future shortages of merchant mariners, 
particularly entry-level mariners, and evaluate whether a loan 
program for on-the-job training would alleviate the shortage.

Section 327. Merchant mariner document standards

    Section 327 requires the Secretary of Homeland Security to 
report--not later than 270 days after enactment--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 regarding a plan for processing Transportation 
Worker Identification Cards by mail; the feasibility of 
redesigning merchant mariner documents to comply with section 
70105 of title 46 United States Code, including a biometric 
identifier, and all relevant international conventions, 
including International Labor Organization Convention 185 
concerning seafarer identity; and whether such a consolidated 
document would eliminate the need for separate credentials, 
background screening, and application processes that are 
associated with multiple documents.

Section 328. Waterside security around liquefied natural gas terminals 
        and liquefied natural gas tankers

    Section 328 makes the Commandant of the Coast Guard 
responsible for providing appropriate, risk-based security 
services around Liquefied Natural Gas (LNG) terminals and 
around tankers transporting LNG in security zones established 
by the Coast Guard.
    The Committee on Homeland Security insists that the Coast 
Guard base its risk assessments on the threat of terrorist 
attack, vulnerability to terrorist attack, and consequence to 
the port, region, and Nation of a terrorist attack. It has come 
to the Committee's attention that the Coast Guard has modified 
its risk assessments at times due to limited resources. The 
Committee believes that this is unacceptable. The Coast Guard 
must use its considerable judgment in identifying risks 
associated with LNG transits and base its force protection 
model on those risks. The Committee requests that the Coast 
Guard inform the Committee, as well as the Committee on 
Transportation and Infrastructure of the House of 
Representatives if its current resources are unable to meet the 
security requirements of current and planned LNG facilities.
    Subsections (b) and (c) expressly authorize the use of 
State and local resources for the purpose of enforcing Federal 
security zones, provided those State and local agencies engage 
in cooperative agreements or Memoranda of Agreement prior to 
their participating in waterborne patrols. Subsection (c) 
clarifies that Federal, State, and local law enforcement 
entities providing security services for LNG vessels or 
facilities are entitled to seek reimbursement for services 
rendered. The Committee believes that facilities should, to the 
greatest extent practicable, reimburse Federal, State, and 
local law enforcement for such services.
    Subsection (d) prohibits the Secretary of Homeland Security 
from approving a facility security plan for an LNG terminal 
under section 70103 of title 46, United States Code, unless the 
Secretary certifies that the Coast Guard sector in which the 
LNG terminal is located has the necessary resources to meet its 
risk-based security requirements, as outlined in the 
appropriate Waterway Suitability Assessment. This provision 
also clarifies that such certification requirement shall not 
prevent available Coast Guard units from securing cargo in a 
port or waterway that poses an even higher risk to security.

                  Title IV--Miscellaneous Provisions 


Section 401. Certificate of documentation for GALLANT LADY

    Section 401 authorizes the Secretary of the department in 
which the Coast Guard is operating to issue a certificate of 
documentation with a limited coastwise endorsement for the 
limited purpose of allowing a vessel, the GALLANT LADY, to host 
charity events in which the vessel's owner receives no 
compensation.

Section 402. Waiver

    Section 402 authorizes the Secretary of the department in 
which the Coast Guard is operating to issue a certificate of 
documentation with a coastwise endorsement for the vessel OCEAN 
VERITAS because it had been transferred to a foreign registry.

Section 403. Great Lakes Maritime Research Institute

    Section 403 requires the National Maritime Enhancement 
Institute for the Great Lakes region to conduct maritime 
transportation studies. It also authorizes appropriations 
through 2010 to carry out the studies.

Section 404. Conveyance

    Section 404 authorizes the Secretary to convey the Coast 
Guard Boathouse at Station Brant Point, Nantucket, 
Massachusetts, to the Town of Nantucket, and permits the town 
to lease the land on which the Boathouse resides for a period 
of up to 25 years.

Section 405. Crew wages on passenger vessels

    Section 405 places a cap on the liability for cruise ships 
for violation of the double wage penalty law. Current law 
provides that if a shipowner does not pay a seaman what the 
seaman is owed under his employment contract without sufficient 
cause, the shipowner must pay the seaman two days wages for 
each day he does not pay the seaman the contractual amount. 
This amendment places a cap on class action cases brought for 
non-payment of the contractual wages. The cap provided is ten 
times the unpaid wages that are subject to the claim. A three-
year statute of limitations is also established for the filing 
of class action law suits filed under the Act.
    This section also authorizes seaman's wages to be paid 
electronically into a financial institution designated by the 
seaman, if the 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.

Section 406. Technical corrections

    Section 406 makes technical corrections to the Coast Guard 
and Maritime Transportation Act of 2006 (P.L. 109-241).

Section 407. Conveyance of decommissioned Coast Guard Cutter STORIS

    Section 407 conveys the decommissioned Coast Guard Cutter 
STORIS to the Storis Museum and Maritime Education Center in 
Alaska. This cutter operated in Alaska for decades and this 
provision allows it to remain in Alaska and be used as museum 
and historical display, using the same procedures adopted in 
past conveyances.

Section 408. Repeal of requirements of licenses for employment in the 
        business of salvaging on the coast of Florida

    Section 408 repeals an obsolete provision of law dating 
from approximately 1848 that requires companies engaged in 
salvage operations in the State of Florida to be approved by 
the District Court. No salvage company has been approved since 
approximately 1921 because no one realized the provision 
existed until the recent codification of title 46 of the United 
States Code.

Section 409. Right-of-first-refusal for Coast Guard property on Jupiter 
        Island, Florida

    Section 409 grants the Town of Jupiter Island, Florida a 
right-of-first-refusal for an exchange of property with the 
Coast Guard. Property transferred shall be used solely for 
conservation of habitat and protection against damage from 
wind, tidal, and wave energy.

Section 410. Conveyance of Coast Guard HU-25 Falcon Jet aircraft

    Section 410 conveys an excess HU-25 Falcon Jet aircraft 
currently used by the Coast Guard to the Elizabeth City State 
University in North Carolina for educational purposes, using 
the same procedures adopted in past conveyances.

Section 411. Conveyance of a Coast Guard vessel

    Section 411 authorizes the Commandant to convey an excess 
vessel to the Sheriff's Department of Coahama County, 
Mississippi for homeland security purposes.

Section 412. Conveyance of a Coast Guard vessel

    Section 411 authorizes the Commandant to convey an excess 
vessel to the Sheriff's Department of Warren County, 
Mississippi for homeland security purposes.

Section 413. Conveyance of a Coast Guard vessel

    Section 411 authorizes the Commandant to convey an excess 
vessel to the Sheriff's Department of Washington County, 
Mississippi for homeland security purposes.

Section 414. Decommissioned Coast Guard vessels for Haiti

    Section 411 allows the government of Haiti a right-of-
first-refusal for up to 10 Coast Guard 41-foot patrol boats 
when they are decommissioned, provided they are used by the 
Coast Guard of Haiti and available to the United States in time 
of war or national emergency.

Section 415. Extension of period for operation of vessel for setting, 
        relocation, or recovery of anchors or other mooring equipment

    Current law requires vessels that are engaged in the 
setting, relocation, or recovery of anchors or other mooring 
equipment to have a registry endorsement under chapter 121 of 
title 46, United States Code. This section extends the 
grandfather for operators from this requirement from two years 
to three years.

Section 416. Vessel traffic risk assessments

    Section 413 requires the Commandant of the Coast Guard to 
prepare vessel traffic risk assessments for Cook Inlet, Alaska, 
and the Aleutian Islands, Alaska. The Committee is concerned 
that the increased traffic in these two areas may require 
additional safety measures to protect against marine 
casualties. This assessment will help provide information 
regarding the risk of marine casualties in these areas.

Section 417. Vessel MARYLAND INDEPENDENCE

    Section 414 provides a waiver from the U.S. build 
requirement of the coastwise trade laws for the vessel MARYLAND 
INDEPENDENCE. However that coastwise waiver is terminated if 
the vessel, or controlling interest in the person that owns the 
vessel, is sold or if any repairs or alterations are made to 
the vessel outside of the United States.

Section 418. Study of relocation of Coast Guard Sector Buffalo 
        facilities

    Section 415 requires the Commandant of the Coast Guard to 
conduct a project proposal report on the feasibility of 
consolidating and relocating the Coast Guard facilities at 
Coast Guard Sector Buffalo and to prepare preliminary plans for 
the design engineering, and construction for the consolidation 
of these facilities.

Section 419. Coast Guard assets for the United States Virgin Islands

    Section 419 authorizes the Secretary of Homeland Security 
to station additional Coast Guard assets in the United States 
Virgin Islands for port security and other associated purposes. 
The Committee believes that the positioning of additional Coast 
Guard resources in the United States Virgin Islands will 
enhance the border and port security of the United States.

                    Title V--Ballast Water Treatment


Section 501. Short title

    Section 501 states that the title may be referred to as the 
``Ballast Water Treatment Act of 2007''.

Section 502. Declaration of goals and purposes

    Section 502 establishes the objective of the Act which is 
to eliminate the threat and impact of nonindigenous aquatic 
nuisance species in the waters of the U.S. It also states that 
it is a national goal that ballast water discharged into the 
waters of the U.S. will contain no living organisms by the year 
2015.

Section 503. Ballast water management

    Section 503 codifies current Coast Guard regulations and 
requires all vessels carrying ballast water to conduct ballast 
exchange operations more than 200 miles offshore before the 
vessels enter the United States.
    Section 503 also establishes a requirement that after a 
vessel's first drydocking, beginning January 1, 2009, the 
vessel must have a ballast water treatment system that meets 
performance requirements provided for in the Act. All ships 
must have these systems installed by January 1, 2014. The 
standards require less than one living organism per 100 cubic 
meters of water for organisms 50 or more microns in size; less 
than one living organism per 100 milliliters of water for 
organisms between 10 and 50 microns in size; and specific 
performance requirements for microbes of various types.
    Not later than one year after the date of enactment of this 
Act, the Coast Guard is to determine whether technology is 
available to meet this standard. If available technology can 
provide even cleaner ballast water, the Secretary can adjust 
the standard to reflect the improved performance of the 
technology. If technology is not available to meet the standard 
according to the initial review, the Secretary may delay the 
effective date of the requirements by up to two years. If the 
Secretary determines that technologies are not available after 
subsequent reviews, the Secretary may delay the imposition of 
standards for additional two-year periods.
    After 2012, the Secretary is required to review the 
standard every three years and adjust the standards to account 
for improvements in ballast water treatment technology if 
necessary.
    This section allows the Secretary to exempt vessels 
operating exclusively in closed aquatic systems (i.e., the 
Great Lakes) from having treatment systems because these 
vessels do not introduce new species into their environment. 
However, at the request of the Animal and Plant Health 
Inspection Service (``APHIS''), the Secretary shall require the 
installation of ballast water treatment systems designed to 
prevent the spread of infectious diseases to plants and animals 
as otherwise authorized by law.
    This section also requires vessel operators to dispose of 
ballast tank sediments in accordance with their ballast water 
management plan approved by the Secretary and provides the 
Secretary the authority to require vessels that sail with ``no 
ballast on board'' in their ballast tanks to rinse those tanks 
before they enter the waters of the United States. This will 
help get rid of invasive species that may be in the sediment in 
the bottom of ballast tanks before the ships enter the United 
States.
    To provide for standardization of ballast water treatment 
systems on vessels that engage in interstate and foreign 
commerce of the United States, this section also preempts State 
standards regarding ballast water management (including ballast 
water exchange and ballast water treatment). The Committee is 
concerned that varying State treatment standards could pose a 
significant impediment to commerce. However, this section 
allows a State to inspect and enforce the standards provided 
for in this Act or prescribed by the Secretary if the State has 
the resources and scientific expertise to conduct those 
inspections and enforcement. However, the Committee does not 
intend to prevent the Coast Guard, in addition to the States, 
from enforcing the requirements made under this Act.

Section 504. National ballast water management information

    Section 504 requires the Secretary to conduct a ballast 
water survey of the number of living organisms in untreated 
ballast water, a survey of the number of living organisms in 
the ballast water of ships that has been exchanged on the high 
seas, and a survey 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 
technologies. The Secretary is required to submit a report to 
Congress on the results of these surveys.

Section 505. Ballast water management evaluation and demonstration 
        program

    Section 505 formally codifies the establishment of the 
Shipboard Technology Evaluation Program (``STEP'') to evaluate 
alternative ballast water management methods on vessels to 
prevent the introduction of aquatic nuisance species in the 
waters of the United States. This section establishes minimum 
criteria for the technology that is eligible to participate in 
this program and allows the Secretary to change those criteria 
based on the discharge standards that are prescribed under 
section 1101(f). This section also requires the Undersecretary 
to 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.

Section 506. Rapid response plan

    Section 506 requires the President to establish 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. The plan must include the assignment of 
duties between the various Federal, State, and local agencies 
involved in the response; the identification, procurement, and 
storage of equipment and supplies needed to facilitate those 
eradication efforts; a monitoring system to detect early 
introduction of invasive species; and the establishment of a 
national center to provide coordination and direction for these 
operations. This section is modeled after the successful 
National Response Plan system that was developed under the Oil 
Pollution Act of 1990.

Section 507. Authorization of appropriations

    Section 507 authorizes $20 million for each of fiscal years 
2008 through 2012 to carry out the Act. This section also 
provides an additional $500,000 for each of the fiscal years 
2008 through 2013 to carry out section 1102(f) of the bill; $6 
million for each of the fiscal years 2008 through 2013 to carry 
out section 1104(b) of the bill; and $1.5 million for each of 
the fiscal years 2008 through 2013 to carry out section 1104(c) 
of the bill.

                       Title VI--Alien Smuggling


Section. 601. Short title

    Section 601 provides that the short title of this title is 
the ``Maritime Law Enforcement Improvement Act of 2007''.

Section 602. Maritime law enforcement

    Section 602 adds a new chapter 707 to title 46, United 
States Code. This new chapter makes it unlawful to transport or 
facilitate the transportation of an alien, defined as any 
person who is not a citizen or national of the United States, 
on board a vessel covered by this title if that person has 
reason to believe that the alien is attempting to enter the 
United States unlawfully.
    This section provides an affirmative defense against this 
felony. An individual cannot be charged under this section if 
that individual proves that the alien was on board after being 
rescued at sea or the entry into the United States was a 
necessary response to an imminent threat of death or serious 
bodily injury to the alien. However, to use that defense, the 
person had to have informed the Coast Guard of the presence of 
the alien on the vessel and the circumstances of the rescue as 
soon as practicable and the defendant then complied with all 
orders given to him by the Coast Guard.
    A person violating this section may be imprisoned for 
between three and 20 years or fined not more than $100,000, or 
both. Any vessel used in the commission of this crime may be 
forfeited to the United States Government.

         Title VII--Miscellaneous Homeland Security Provisions


Section 701. Maritime Homeland Security Public Awareness Program

    Section 701 authorizes the Secretary of Homeland Security 
to continue the Coast Guard's ``America's Waterway Watch'' 
program, a public education and outreach program designed to 
encourage the reporting of suspicious activities.

Section 702. Transportation Worker Identification Credential

    Section 702 requires the Secretary of Homeland Security to 
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 and the Committee on Homeland 
Security and Governmental Affairs of the Senate on the 
Department's progress in implementing the Transportation Worker 
Identification Card (TWIC) at the top ten priority ports. This 
provision requires an additional report to the four Committees 
after the TWIC reader pilot is completed. This section 
specifies that the Comptroller General of the United States is 
responsible for assessing the findings of the reports.
    The Committee has significant concerns regarding the 
Department's plan to implement the TWIC program. The Committee 
anticipates that 750,000 transportation workers will be 
required to attain this card and is concerned that many of 
these workers will be unable to attain this credential and 
maintain their employment due to Departmental bureaucracy and 
mistakes.

Section 703. Study to Identify Redundant Background Records Checks

    Section 703 requires the Comptroller General of the United 
States to conduct a study on background records checks 
conducted by States which are similar to the Federal 
Transportation Worker Identification Credential (TWIC) records 
checks to identify redundancies and inefficiencies. The purpose 
of this study is to highlight the redundancy and inefficiency 
between the TWIC and State-issued cards.

Section 704. Review of Interagency Operational Centers

    Section 704 requires the Inspector General of the 
Department of Homeland Security to provide 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 Department's implementation of the Joint 
Operational Centers required by the SAFE Port Act (Public Law 
109-347). The Committee strongly believes that the 
establishment and implementation of a network of Joint 
Operational Centers will enhance information-sharing between 
the Coast Guard and State and local law enforcement through the 
establishment of Joint Operational Centers is a major Committee 
Homeland Security priority.

Section 705. Maritime Security Response Teams

    Section 705 authorizes two Maritime Security Response Teams 
(MSRT), the Coast Guard's elite counterterrorism teams trained 
to neutralize hostile shipboard forces. The Committee notes 
that the Coast Guard established a MSRT in 2006 for the East 
Coast, and the Coast Guard insists the MSRT can meet its 
mission requirement for nationwide coverage. The Committee 
disagrees with the Coast Guard's assessment. The Committee 
strongly encourages the Coast Guard to deploy the second MSRT 
to the West Coast of the United States.

Section 706. Coast Guard Detection Canine Team Program Expansion

    Section 706 directs the Secretary of Homeland Security to 
increase the number of detection canine teams and authorizes 
the Secretary to procure more highly trained detection canine 
teams for use by the Coast Guard. The Committee notes that the 
Coast Guard currently has only 18 detection teams to provide 
nationwide coverage for 361 ports. A single detection canine 
team can be used for explosives or narcotics, but not both. 
Thus, the Committee believes that an increase in detection 
canine teams will improve the Coast Guard's explosives and 
narcotics detection capabilities. The Committee also strongly 
believes that decisions with regard to deployment of new 
detection teams should be based on risk.

Section 707. Coast Guard Port Assistance Program

    Section 707 authorizes the Coast Guard to lend, lease, and 
donate surplus Coast Guard equipment and provide technical 
training to foreign ports or facilities to bring such ports 
into compliance with International Ship and Port Facility Code 
Standards and to enhance port security. The Committee believes 
that such assistance has the potential of greatly enhancing 
port security throughout the world.

Section 708. Homeland Security Impact Review of Liquefied Natural Gas 
        Facilities

    Section 708 requires the Secretary of Homeland Security to 
conduct a comprehensive homeland security impact review of 
proposed LNG facilities before any license or approval is 
provided to a facility. This provision requires the Secretary 
to consider, among other things, the potential for multiple, 
simultaneous, and extraordinary attacks on facilities, the 
potential for suicide attacks, and the potential for attacks by 
persons with a sophisticated knowledge of facility operations. 
The Committee believes that only after completion of the review 
and a finding that the facility does not pose a substantial 
risk to life and property can the Secretary coordinate with the 
appropriate Federal agencies to approve proposed construction, 
expansion, or operation.

Section 709. Maritime Biometric Identification

    Section 709 authorizes the Coast Guard to conduct a pilot 
program to collect the biometric information of persons 
interdicted at sea under suspicion of terrorism, human 
smuggling, or drug smuggling and in order to improve maritime 
border security. It also directs the Coast Guard to develop the 
equipment needs for this pilot program and to evaluate the 
costs and feasibility of expanding the program to all 
deployable Coast Guard assets. This provision encourages the 
Coast Guard to utilize biometric technology to identify repeat 
offenders of border and immigration laws, fugitives from 
justice, and to coordinate access to Department of Defense and 
Department of State databases to identify would-be terrorists 
trying to infiltrate the maritime borders of the United States.

Section 710. Review of Potential Threats

    Section 710 requires the Secretary of Homeland Security to 
submit a report to the Committee on Homeland Security of the 
House of Representatives on the threat, vulnerability, and 
consequence of a terrorist attack on gasoline and chemical 
cargo shipments. The Committee views the completion of this 
report as vital for the development of homeland security 
policies.

Section 711. Port Security Pilot

    Section 711 authorizes an existing pilot program currently 
being implemented in Seattle and San Diego to test and deploy 
preventive radiological and nuclear detection equipment on 
Coast Guard vessels and other appropriate locations. It also 
directs the pilot to leverage existing Federal grant funds to 
support the program.

Section 712. Advance Notice of Port Arrival of Significant or Fatal 
        Incidents Involving U.S. Persons

    Section 712 requires the Secretary of Homeland Security to 
ensure that cruise ships calling upon the United States inform 
U.S. authorities during the Advance Notice of Arrival process 
of any incident that results in death, serious bodily injury, 
sexual assault, or a missing person, or any 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. This section also clarifies that nothing should 
discourage more immediate notification of U.S. authorities in 
cases of any covered security incident involving a U.S. person. 
The Committee strongly believes that the Department of Homeland 
Security, given its existing relationship with vessel and 
cruise ship operators, is well positioned to receive such 
reports.

Section 713. Safety and security assistance for foreign ports

    Section 713 requires the Secretary of Homeland Security to 
establish 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.

Section 714. Seasonal workers

    Section 714 requires the Comptroller General of the United 
States to study the effects of the Transportation Worker 
Identification Credential (TWIC) on companies that employ 
seasonal workers. It also directs the Comptroller General to 
examine the costs associated with requiring seasonal workers to 
obtain TWIC cards, whether the Department of Homeland Security 
is processing such applications in a timely enough manner, 
whether compliance costs have led to a reduction in service, 
and an assessment of possible alternatives to the TWIC for 
seasonal workers, including the potential security 
vulnerabilities created by those alternatives.

Section 715. Comparative risk assessment of vessel-based and facility-
        based liquefied natural gas regasification processes

    Section 715 requires the Coast Guard to commission an 
independent study on the dangers associated with requiring all 
regasification processes to be conducted onshore in populated 
areas versus processes conducted offshore at distances greater 
than 3 miles from shore.

Section 716. Savings clause

    Section 717 reserves to the Secretary of Homeland Security 
and the Commandant of the Coast Guard any authorities 
previously provided in the Maritime Transportation Security Act 
of 2002 (Public Law 107-295), the Ports and Waterways Safety 
Act (33 U.S.C. 1221 et seq.), the SAFE Port Act (109-347), the 
Homeland Security Act of 2002 (Public Law 107-296), or the 
Implementing Recommendations of the 9/11 Commission Act of 2007 
(Public Law 110-53).

          Title VIII--Coast Guard Integrated Deepwater Program


Section 801. Short title

    Section 801 cites this title as the ``Integrated Deepwater 
Program Reform Act.''

Section 802. Implementation of Coast Guard Integrated Deepwater 
        Acquisition Program

    Section 802 prohibits the use of a private firm as a lead 
systems integrator for procurements under, or in support of, 
the Deepwater Program on the earlier of October 1, 2011, or the 
date on which the Secretary certifies in writing to the 
Committees that the Coast Guard has available and can retain 
sufficient contracting personnel and expertise within the Coast 
Guard to perform the functions and responsibilities of the lead 
system integrator. The Coast Guard can continue to use a 
private sector lead systems integrator to complete any delivery 
order or task order issued on or before the date of enactment 
of this Act.
    This section also requires the Secretary to use full and 
open competition for each class of asset acquisitions under the 
Deepwater Program, except when the Secretary determines that it 
is in the best interests of the Federal Government to use a 
different procurement method and he 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 as to why 
such procurement is in the best interests of the Federal 
Government.
    In addition, this section sets forth a number of specific 
requirements to be included in any future contracts, delivery 
orders, or task orders issued under Deepwater, including 
requirements subjecting designs to certain technical reviews 
and mandating the development of independent cost estimates. 
This section requires the Coast Guard to maintain the authority 
to establish, approve, and maintain technical requirements and 
requires that any measurement of contractor and subcontractor 
performance be based on the status of all work performed;
          Specifies that Department of the Navy TEMPEST 
        standards are to be cited in contracts for the 
        acquisition of all assets that require TEMPEST 
        certifications;
          Requires that an Early Operational Assessment be 
        performed for any new asset class after the development 
        of the primary design and before the conduct of the 
        critical design review of the cutter;
          Requires any contract issued for an Offshore Patrol 
        Cutter to clearly specify the service life, fatigue 
        life, days underway under general Atlantic and North 
        Pacific Sea conditions, maximum range, and maximum 
        speed the cutter shall be built to achieve; and
          Requires that all contracts include provisions 
        guaranteeing that the OIG has the right to privately 
        interview all contractor personnel working on Deepwater 
        and providing the OIG with access to all records 
        maintained by contractors working on Deepwater.
    Finally, section 802 requires the Coast Guard to develop 
and update annually a life-cycle cost estimate that includes 
asset acquisition and logistics support decisions and to assign 
separate contract officers for each class of cutter and 
aircraft acquired or rehabilitated under the Deepwater Program.

Section 803. Chief Acquisition Officer

    Section 803 amends chapter 3 of title 14, United States 
Code, to require the appointment of a civilian, career reserved 
employee as Chief Acquisition Officer, reporting directly to 
the Commandant of the Coast Guard. The section also specifies a 
number of authorities specifically reserved to the Chief 
Acquisition Officer and functions to be performed by that 
position.
    The Committee believes that the appointment of a civilian 
with extensive professional experience in acquisitions 
management to head the Deepwater acquisitions effort will 
Deepwater Program.

Section 804. Testing and certification

    This section 804 establishes new standards for the testing 
and certification of assets procured under the Deepwater 
Program. The section requires all cutters, other than the NSCs, 
to be classed by the American Bureau of Shipping (ABS) before 
acceptance of delivery. It requires the design and construction 
of NSCs 3 through 8 to be certified by an independent third 
party, such as the ABS or Navy, to be able to be underway for 
at least 185 days per year for 30 years. Similarly, the section 
requires that all aircraft be certified by an independent third 
party and requires all electronics that require TEMPEST 
certification to be certified in accordance with TEMPEST 
standards by an independent third party.

Section 805. National security cutters

    Section 805 requires the Secretary to submit specific 
reports to the Committees on Transportation and Infrastructure 
and Homeland Security of the House and the Committee on 
Commerce, Science, and Transportation of the Senate. 
Specifically, the section requires the Coast Guard to submit to 
the Committees a report detailing cost increases experienced 
during the acquisition of the NSCs and a report on options 
under consideration by the Coast Guard to strengthen the hulls 
of NSCs 1 and 2. This section also requires that, not later 
than 30 days before the Coast Guard signs any contract, 
delivery order, or task order to strengthen the hull of either 
NSC 1 or 2, the Coast Guard shall submit to the Committees all 
results of an assessment of the proposed hull strengthening 
design conducted by the Naval Surface Warfare Center (Carderock 
Division), including a description of the extent to which such 
measures will enable NSCs 1 and 2 to meet a 185-underway-day 
requirement for at least 30 years. Similarly, the section 
requires that, not later than 30 days before the Coast Guard 
signs any contract, delivery order, or task order authorizing 
construction of NSC 3 through 8, the Coast Guard shall submit 
to the Committees all results of an assessment of the proposed 
designs to resolve the structural design, safety, and 
performance issues identified by the OIG, including a 
description of the extent to which such designs will enable 
NSCs 3 through 8 to meet a 185-underway-day requirement.

Section 806. Miscellaneous reports

    Section 806 requires the submission of a number of reports 
to the Committees on Transportation and Infrastructure and 
Homeland Security of the House and the Committee on Commerce, 
Science, and Transportation of the Senate on the Deepwater 
Program:
          A justification for why eight NSCs is the appropriate 
        number of NSCs to meet the Coast Guard's operational 
        needs;
          A report on the impact that deployment of the NSCs 
        without vertical unmanned aerial vehicles will have on 
        the amount of patrol coverage that will be able to be 
        provided during missions conducted by NSCs;
          A report on the total number and cost of change 
        orders created under the Deepwater contract and their 
        impact on the Deepwater Program schedule;
          A report comparing the costs of purchasing assets 
        through ICGS or directly from the manufacturer or 
        shipyard;
          A report on specific cost overruns and schedule 
        delays encountered under Deepwater;
          A report on how the Coast Guard will develop 
        acquisitions management and financial management 
        expertise among its personnel; and,
          An annual report on the percentage of total funding 
        expended on Deepwater Program procurements that has 
        been awarded to small businesses and minority-owned 
        businesses.

Section 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

    Section 807 authorizes the Secretary to enter into a 
memorandum of understanding or a memorandum of agreement with 
the Secretary of the Navy to provide for the use of the Navy 
Systems Command to assist the Coast Guard with the oversight of 
Coast Guard major acquisition programs. Such memorandum shall 
provide for the exchange of technical assistance and support, 
the use of Navy technical expertise, and 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. The section requires 
the Coast Guard Chief Engineer, Chief Information Officer, and 
Chief Acquisition Officer to 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 approve all technical requirements. The section 
requires the Coast Guard to 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 annually on 
the activities undertaken pursuant to such memorandum.

Section 808. Definitions

    Section 808 defines the term ``Deepwater Program'' as the 
Integrated Deepwater Systems Program described by the Coast 
Guard in its March 25, 2005 report to Congress entitled 
``Revised Deepwater Implementation Plan 2005.'' The Deepwater 
Program primarily involves the procurement of cutter and 
aviation assets that operate more than 50 miles offshore.
    The section defines the term ``Secretary'' as the Secretary 
of the department in which the Coast Guard is operating.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

TITLE 14, UNITED STATES CODE

           *       *       *       *       *       *       *



PART I--REGULAR COAST GUARD

           *       *       *       *       *       *       *


                CHAPTER 3--COMPOSITION AND ORGANIZATION

Sec.
41.  Grades and ratings.
     * * * * * * *
[42.  Number and distribution of commissioned officers.]
42.  Number and distribution of commissioned officers on active duty 
          promotion list.
     * * * * * * *
[47.  Vice Commandant; assignment.]
47.  Vice Commandant; appointment.
     * * * * * * *
[50.  Area Commanders.
[50a.   Chief of Staff.]
50.  Vice admirals.
     * * * * * * *
55.  District Ombudsmen.
56.  Chief Acquisition Officer.

           *       *       *       *       *       *       *


[Sec. 42. Number and distribution of commissioned officers

  [(a) The total number of commissioned officers, excluding 
commissioned warrant officers, on active duty in the Coast 
Guard shall not exceed 6,700 in each fiscal year 2004, 2005, 
and 2006.
  [(b) The commissioned officers on the active duty promotion 
list shall be distributed in grade in the following 
percentages, respectively: rear admiral 0.375; rear admiral 
(lower half) 0.375; captain 6.0; commander 15.0; lieutenant 
commander 22.0. The Secretary shall prescribe the percentages 
applicable to the grades of lieutenant, lieutenant (junior 
grade), and ensign. The Secretary may, as the needs of the 
Coast Guard require, reduce the percentage applicable to any 
grade above lieutenant commander, and in order to compensate 
for such reduction increase correspondingly the percentage 
applicable to any lower grade.
  [(c) The Secretary shall, at least once each year, make a 
computation to determine the number of officers on the active 
duty promotion list authorized to be serving in each grade. The 
number in each grade shall be computed by applying the 
applicable percentage to the total number of such officers 
serving on active duty on the date the computation is made. In 
making computations under this section the nearest whole number 
shall be regarded as the authorized number in any case where 
there is a fraction in the final result.
  [(d) The numbers resulting from such computations 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 who are not included on the active duty 
promotion list, officers serving as extra numbers in grade 
under sections 432 and 433 of this title, and officers serving 
with other departments or agencies on a reimbursable basis or 
excluded under the provisions of section 324(d) of title 49, 
shall not be counted in determining authorized strengths under 
subsection (c) and shall not count against those strengths. 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.]

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.

           *       *       *       *       *       *       *


Sec. 47. Vice Commandant; [assignment] appointment

  The President may appoint, by and with the advice and consent 
of the Senate, one Vice Commandant who shall rank next after 
the Commandant, shall perform such duties as the Commandant may 
prescribe and shall act as Commandant during the absence or 
disability of the Commandant or in the event that there is a 
vacancy in the office of Commandant. The Vice Commandant shall 
be selected from the officers on the active duty promotion list 
serving above the grade of captain. The Commandant shall make 
recommendation for such appointment. The Vice Commandant shall, 
while so serving, have the grade of [vice admiral] admiral with 
pay and allowances of that grade. The appointment and grade of 
a Vice Commandant shall be effective on the date the officer 
assumes that duty, and shall terminate on the date the officer 
is detached from that duty, except as provided in [subsection] 
section 51(d) of this title.

           *       *       *       *       *       *       *


[Sec. 50. Area commanders

  [(a) The President may appoint, by and with the advice and 
consent of the Senate, a Commander, Atlantic Area, and a 
Commander, Pacific Area, each of whom shall be an intermediate 
commander between the Commandant and the district commanders in 
his respective area and shall perform such duties as the 
Commandant may prescribe. The area commanders shall be 
appointed from officers on the active duty promotion list 
serving above the grade of captain. The Commandant shall make 
recommendations for such appointments.
  [(b) An area commander shall, while so serving, have the 
grade of vice admiral with pay and allowances of that grade. 
The appointment and grade of an area commander shall be 
effective on the date the officer assumes that duty, and shall 
terminate on the date the officer is detached from that duty, 
except as provided in subsection 51(d) of this title.

[Sec. 50a. Chief of Staff

  [(a) The President may appoint, by and with the advice and 
consent of the Senate, a Chief of Staff of the Coast Guard who 
shall rank next after the area commanders and who shall perform 
duties as prescribed by the Commandant. The Chief of Staff 
shall be appointed from the officers on the active duty 
promotion list serving above the grade of captain. The 
Commandant shall make recommendations for the appointment.
  [(b) The Chief of Staff shall have the grade of vice admiral 
with the pay and allowances of that grade. The appointment and 
grade of the Chief of Staff shall be effective on the date the 
officer assumes that duty, and shall terminate on the date the 
officer is detached from that duty, except as provided in 
section 51(d) of this title.]

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.

Sec. 51. Retirement

  (a) * * *

           *       *       *       *       *       *       *

  (d) An officer serving in the grade of admiral or vice 
admiral shall continue to hold that grade--
          (1) * * *
          (2) while awaiting retirement, beginning on the day 
        that officer is relieved from the position of 
        Commandant, Vice Commandant, [Area Commander, or Chief 
        of Staff] or Vice Admirals and ending on the day before 
        the officer's retirement, but not for more than 60 
        days.

           *       *       *       *       *       *       *


Sec. 55. District Ombudsmen

  (a) In General.--The Commandant may appoint in each Coast 
Guard District a District Ombudsman to serve as a liaison 
between representatives of port stakeholders, including the 
Area Maritime Security Advisory Committees required by section 
70112 of title 46 and the Coast Guard.
  (b) Purposes.--The purposes 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, but not limited to, port and 
        terminal operators, ship owners, labor representatives, 
        and the Coast Guard.
          (3) To ensure timely resolution of disputes between 
        the Coast Guard and all petitioners regarding 
        requirements imposed or services provided by the Coast 
        Guard.
  (c) Functions.--
          (1) Investigations.--The District Ombudsman may 
        investigate complaints brought to the attention of the 
        District Ombudsman by a petitioner operating in a port 
        provided such a complaint is not the subject of an 
        administrative, civil, or criminal investigation or 
        other legal proceeding and provided the District 
        Ombudsman receives no benefit, either direct or 
        indirect, from the outcome of the complaint.
          (2) Guidelines for disputes.--
                  (A) In general.--The Commandant of the Coast 
                Guard shall develop guidelines regarding 
                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 if such a dispute is the subject of an 
                administrative, civil, or criminal 
                investigation or other legal proceeding or if 
                the District Ombudsman receives a benefit, 
                either direct or indirect, from the outcome of 
                the dispute.
                  (C) Priority.--In providing such assistance, 
                the District Ombudsman shall give priority to 
                complaints brought by petitioners who 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 provided such persons are 
        reasonably available.
          (4) Access to information.--Unless otherwise 
        prohibited by law or regulation, the District Ombudsman 
        shall have access to any 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) to the maximum extent practicable, 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 an appropriately cleared 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 Committees on Homeland Security and 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.

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.

           *       *       *       *       *       *       *


                    CHAPTER 5--FUNCTIONS AND POWERS

Sec.
81.  Aids to navigation authorized.
     * * * * * * *
99.  Enforcement authority.

           *       *       *       *       *       *       *


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; and
                  (B) seize property as otherwise provided by 
                law.

           *       *       *       *       *       *       *


               CHAPTER 7--COOPERATION WITH OTHER AGENCIES

Sec.
141.  Cooperation with other agencies, States, territories, and 
          political subdivisions.
     * * * * * * *
149.  Assistance to foreign governments and maritime authorities.
     * * * * * * *
153.  Appointment of judges.

           *       *       *       *       *       *       *


Sec. 149. Assistance to foreign governments and maritime authorities

  (a) * * *

           *       *       *       *       *       *       *

  (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. 151. Contracts with Government-owned establishments for work and 
                    material

  (a) In General.--All orders or contracts for work or 
material, under authorization of law, placed with Government-
owned establishments by the Coast Guard, shall be considered as 
obligations in the same manner as provided for similar orders 
or contracts placed with private contractors, and 
appropriations for such work or material shall remain available 
for payment therefor as in the case of orders or contracts 
placed with private contractors.
  (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. 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.

                     CHAPTER 9--COAST GUARD ACADEMY

Sec.
181.  Administration of Academy.
     * * * * * * *
198.  Coast Guard history fellowships.

           *       *       *       *       *       *       *


                         CHAPTER 11--PERSONNEL

                                Officers

                              a. appointments

Sec.
211.  Original appointment of permanent commissioned officers.
     * * * * * * *
[216.  Director of Boating Safety Office]
     * * * * * * *

                           GENERAL PROVISIONS

421.  Retirement.
     * * * * * * *
426.  Emergency leave retention authority.

           *       *       *       *       *       *       *


Sec. 214. Appointment of temporary officers

  [(a) The President may appoint temporary commissioned 
officers in the Regular Coast Guard in a grade, not above 
lieutenant, appropriate to their qualifications, experience, 
and length of service, as the needs of the Coast Guard may 
require, from among the commissioned warrant officers, warrant 
officers, and enlisted members of the Coast Guard, and from 
licensed officers of the United States merchant marine.]
  (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. 216. Director of Boating Safety Office

  [The initial appointment of the Director of the Boating 
Safety Office shall be in the grade of Captain.]

           *       *       *       *       *       *       *


Sec. 253. Selection boards; notice of convening; communication with 
                    board

  (a) Before a board is convened under section 251 of this 
title, notice of the convening date, the promotion zone to be 
considered, and the officers eligible for consideration[, and 
the number of officers the board may recommend for promotion] 
shall be given to the service at large.

           *       *       *       *       *       *       *


Sec. 258. Selection boards; information to be furnished boards

  (a) In General.--The Secretary shall furnish the appropriate 
selection board convened under section 251 of this title 
with[:]--
          (1) the number of officers that the board may 
        recommend for promotion to the next higher grade; and
          (2) the names and records of all officers who are 
        eligible for consideration for promotion to the grade 
        to which the board will recommend officers for 
        promotion.
  (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.

Sec. 259. Officers to be recommended for promotion

  (a) A selection board convened to recommend officers for 
promotion shall recommend those eligible officers whom the 
board, 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, considers best qualified of the officers 
under consideration for promotion. No officer may be 
recommended for promotion unless he receives the recommendation 
of at least a majority of the members of a board composed of 
five members, or at least two-thirds of the members of a board 
composed of more than five members.

           *       *       *       *       *       *       *


Sec. 260. Selection boards; reports

  (a) * * *
  (b) A board convened under section 251 of this title shall 
certify that, in the opinion of at least a majority of the 
members if the board has five members, or in the opinion of at 
least two-thirds of the members if the board has more than five 
members, the officers recommended for promotion are the best 
qualified for promotion to meet the needs of the service (as 
noted in specific direction furnished the board by the 
Secretary under section 258 of this title) of those officers 
whose names have been furnished to the board.

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


CHAPTER 13--PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS

           *       *       *       *       *       *       *


Sec.
461.  Remission of indebtedness of enlisted members upon discharge.
     * * * * * * *
518.  Reimbursement for medical-related travel expenses for certain 
          persons residing on islands in the continental United States.

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


                       CHAPTER 17--ADMINISTRATION

Sec.
631.  Delegation of powers by the Secretary.
     * * * * * * *
677.  Turnkey selection procedures.
     * * * * * * *

Sec. 637. Stopping vessels; indemnity for firing at or into vessel

  (a) * * *

           *       *       *       *       *       *       *

  (c) A vessel or aircraft is an authorized vessel or 
authorized aircraft for purposes of this section if--
          (1) it is a Coast Guard vessel or aircraft[; or];
          (2) it is a surface naval vessel or military aircraft 
        on which one or more members of the Coast Guard are 
        assigned pursuant to section 379 of title 10[.]; or
          (3) any other vessel or aircraft owned by a 
        government and used for 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.

Sec. 638. Coast Guard ensigns and pennants

  (a) [Coast Guard vessels and aircraft] Vessels and aircraft 
authorized by the Secretary shall be distinguished from other 
vessels and aircraft by an ensign, pennant, or other 
identifying insignia of such design as prescribed by the 
Secretary. Such ensign, pennant, or other identifying insignia 
shall be displayed in accordance with regulations prescribed by 
the Secretary.

           *       *       *       *       *       *       *

                              ----------                              


                ARMED FORCES RETIREMENT HOME ACT OF 1991

TITLE XV--ARMED FORCES RETIREMENT HOME

           *       *       *       *       *       *       *


SEC. 1502. DEFINITIONS.

  
   For purposes of this title:
          (1) * * *

           *       *       *       *       *       *       *

          [(4) The term ``Armed Forces'' does not include the 
        Coast Guard when it is not operating as a service in 
        the Navy.]
          (5) The term ``chief personnel officers'' means--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) the Deputy Chief of Staff for Personnel 
                of the Air Force; [and]
                  (D) the Deputy Commandant of the Marine Corps 
                for Manpower and Reserve Affairs[.]; and
                  (E) the Assistant Commandant of the Coast 
                Guard for Human Resources.
          (6) The term ``senior noncommissioned officers'' 
        means the following:
                  (A) * * *

           *       *       *       *       *       *       *

                  (E) The Master Chief Petty Officer of the 
                Coast Guard.

           *       *       *       *       *       *       *

                              ----------                              


TITLE 10, UNITED STATES CODE

           *       *       *       *       *       *       *


Subtitle A--General Military Law

           *       *       *       *       *       *       *


PART IV--SERVICE, SUPPLY, AND PROCUREMENT

           *       *       *       *       *       *       *


CHAPTER 165--ACCOUNTABILITY AND RESPONSIBILITY

           *       *       *       *       *       *       *


Sec. 2772. Share of fines and forfeitures to benefit Armed Forces 
                    Retirement Home

  (a) Deposit Required.--The Secretary of the military 
department concerned or, in the case of the Coast Guard, the 
Commandant shall deposit in the Armed Forces Retirement Home 
Trust Fund a percentage (determined under subsection (b)) of 
the following amounts:
          (1)  * * *

           *       *       *       *       *       *       *

  [(c) Application to Coast Guard.--In this section, the term 
``armed forces'' does not include the Coast Guard when it is 
not operating as a service in the Navy.]

           *       *       *       *       *       *       *

                              ----------                              


TITLE 37, UNITED STATES CODE

           *       *       *       *       *       *       *


CHAPTER 19--ADMINISTRATION

           *       *       *       *       *       *       *


Sec. 1007. Deductions from pay

  (a) * * *

           *       *       *       *       *       *       *

  (i)(1) * * *

           *       *       *       *       *       *       *

  (3) The Secretary of Defense or, in the case of the Coast 
Guard, the Commandant, after consultation with the Armed Forces 
Retirement Home Board, shall determine from time to time the 
amount to be deducted under paragraph (1) from the pay of 
enlisted members, warrant officers, and limited duty officers 
on the basis of the financial needs of the Armed Forces 
Retirement Home. The amount to be deducted may be fixed at 
different amounts on the basis of grade or length of service, 
or both.
  [(4) In this subsection, the term ``armed forces'' does not 
include the Coast Guard when it is not operating as a service 
in the Navy.]
  [(5)] (4) This subsection does not apply to an enlisted 
member, warrant officer, or limited duty officer of a reserve 
component.

           *       *       *       *       *       *       *

                              ----------                              


COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2004

           *       *       *       *       *       *       *


TITLE VI--MISCELLANEOUS

           *       *       *       *       *       *       *


SEC. 605. GREAT LAKES NATIONAL MARITIME ENHANCEMENT INSTITUTE.

  (a)  * * *
  (b) Study and Report.--
          (1) In general.--[The Secretary of Transportation 
        shall conduct a study that] The Institute shall conduct 
        maritime transportation studies of the Great Lakes 
        region, including studies that--
                  (A) [evaluates] evaluate short sea shipping 
                market opportunities on the Great Lakes, 
                including the expanded use of freight ferries, 
                improved mobility, and regional supply chain 
                efficiency;
                  (B) [evaluates] evaluate markets for foreign 
                trade between ports on the Great Lakes and 
                draft-limited ports in Europe and Africa;
                  (C) [evaluates] evaluate the environmental 
                benefits of waterborne transportation in the 
                Great Lakes region;
                  (D) [analyzes] analyze the effect on Great 
                Lakes shipping of the tax imposed by section 
                4461(a) of the Internal Revenue Code of 1986;
                  (E) [evaluates] evaluate the state of 
                shipbuilding and ship repair bases on the Great 
                Lakes;
                  (F) [evaluates] evaluate opportunities for 
                passenger vessel services on the Great Lakes;
                  (G) [analyzes] analyze the origin-to-
                destination flow of freight cargo in the Great 
                Lakes region that may be transported on vessels 
                to relieve congestion in other modes of 
                transportation;
                  (H) [evaluates] evaluate the economic 
                viability of establishing transshipment 
                facilities for oceangoing cargoes on the Great 
                Lakes;
                  (I) [evaluates] evaluate the adequacy of the 
                infrastructure in Great Lakes ports to meet the 
                needs of marine commerce; [and]
                  (J) [evaluates] evaluate new vessel designs 
                for domestic and international shipping on the 
                Great Lakes[.];
                  (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.

           *       *       *       *       *       *       *

          [(4) Authorization of appropriations.--There is 
        authorized to be appropriated to the Secretary 
        $1,500,000 for each of fiscal years 2005 and 2006 to 
        carry out paragraph (1).]
          (4) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out paragraph 
        (1)--
                  (A) $2,100,000 for fiscal year 2007;
                  (B) $2,200,000 for fiscal year 2008;
                  (C) $2,300,000 for fiscal year 2009;
                  (D) $2,400,000 for fiscal year 2010; and
                  (E) $2,500,000 for fiscal year 2011.

           *       *       *       *       *       *       *


SEC. 623. INTERIM AUTHORITY FOR DRY BULK CARGO RESIDUE DISPOSAL.

  (a) Extension of Interim Authority.--The Secretary of the 
Department in which the Coast Guard is operating shall continue 
to implement and enforce United States Coast Guard 1997 
Enforcement Policy for Cargo Residues on the Great Lakes 
(hereinafter in this section referred to as the ``Policy'') or 
revisions thereto, in accordance with that policy, for the 
purpose of regulating incidental discharges from vessels of 
residues of dry bulk cargo into the waters of the Great Lakes 
under the jurisdiction of the United States, until the earlier 
of--
          (1)  * * *
          (2) September 30, [2008] 2009.

           *       *       *       *       *       *       *

                              ----------                              


TITLE 46, UNITED STATES CODE

           *       *       *       *       *       *       *


Subtitle II--Vessels and Seamen

           *       *       *       *       *       *       *


                       Part A--General Provisions

                          CHAPTER 21--GENERAL

Sec.
2101.  General definitions.
     * * * * * * *
2116.  Termination for unsafe operation.
     * * * * * * *

Sec. 2114. Protection of seamen against discrimination

  (a)(1) A person may not discharge or in any manner 
discriminate against a seaman because--
          (A) the seaman in good faith has reported or is about 
        to report to the Coast Guard or other appropriate 
        Federal agency or department that the seaman believes 
        that a violation of a maritime safety law or regulation 
        prescribed under that law or regulation has occurred; 
        [or]
          (B) the seaman has refused to perform duties ordered 
        by the seaman's employer because the seaman has a 
        reasonable apprehension or expectation that performing 
        such duties would result in serious injury to the 
        seaman, other seamen, or the public[.];
          (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.

           *       *       *       *       *       *       *

  [(b) A seaman discharged or otherwise discriminated against 
in violation of this section may bring an action in an 
appropriate district court of the United States. In that 
action, the court may order any appropriate relief, including--
          [(1) restraining violations of this section;
          [(2) reinstatement to the seaman's former position 
        with back pay;
          [(3) an award of costs and reasonable attorney's fees 
        to a prevailing plaintiff not exceeding $1,000; and
          [(4) an award of costs and reasonable attorney's fees 
        to a prevailing employer not exceeding $1,000 if the 
        court finds that a complaint filed under this section 
        is frivolous or has been brought in bad faith.]
  (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.

           *       *       *       *       *       *       *


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.

             Part B--Inspection and Regulations of Vessels

                          CHAPTER 31--GENERAL

Sec.
3101.  Authority to suspend inspection.
     * * * * * * *
3104.  Survival craft.

           *       *       *       *       *       *       *


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.

CHAPTER 32--MANAGEMENT OF VESSELS

           *       *       *       *       *       *       *


Sec. 3202. Application

  (a) [Mandatory Application.--] Foreign Voyages and Foreign 
Vessels.--This chapter applies to a vessel that--
          (1) * * *

           *       *       *       *       *       *       *

  (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.
  [(b)] (c) Voluntary Application.--This chapter applies to a 
vessel not described in subsection (a) of this section if the 
owner of the vessel requests the Secretary to apply this 
chapter to the vessel.
  [(c)] (d) Exception.--Except as provided in [subsection (b)] 
subsection (c) of this section, this chapter does not apply 
to--
          (1) * * *

           *       *       *       *       *       *       *

          (4) a vessel operating on the Great Lakes or its 
        tributary and connecting waters that is not described 
        in subsection (b) of this section; or
          (5) a public vessel.

Sec. 3203. Safety management system

  (a) * * *

           *       *       *       *       *       *       *

  (c) In prescribing regulations for passenger vessels and 
small passenger vessels, the Secretary shall consider the 
characteristics, methods of operation, and nature of the 
service of these vessels.

           *       *       *       *       *       *       *


CHAPTER 33--INSPECTION GENERALLY

           *       *       *       *       *       *       *


Sec. 3316. Classification societies

  (a) * * *
  (b)(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 vessel documented or to be documented under chapter 121 
of this title or for a floating installation, the authority 
to--
          (A) * * *

           *       *       *       *       *       *       *

  (2) The Secretary may make a delegation under paragraph (1) 
to a foreign classification society only--
          (A) to the extent that the government of the foreign 
        country in which the society is headquartered delegates 
        authority and provides access to the American Bureau of 
        Shipping to inspect, certify, and provide related 
        services to vessels documented in that country or for 
        floating installations; and

           *       *       *       *       *       *       *

  (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 vessel or floating installation 
        ceases to be certified; and

           *       *       *       *       *       *       *

  (d) For purposes of this section, the term ``floating 
installation'' means any installation, structure, or other 
device that floats and that either 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)), and 
is used for the purpose of exploring for, developing, 
producing, or storing the resources from that seabed or 
subsoil.

           *       *       *       *       *       *       *


      CHAPTER 45--UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS

Sec.
4501.  Application.
     * * * * * * *
[4503.  Fish processing vessel certification.]
4503.  Fishing, fish tender, and fish processing vessel certification.
     * * * * * * *
[4508.  Commercial Fishing Industry Vessel Safety Advisory Committee.]
4508.  Commercial Fishing Safety Advisory Committee.

           *       *       *       *       *       *       *


Sec. 4502. Safety standards

  (a) The Secretary shall prescribe regulations which require 
that each vessel to which this chapter applies shall be 
equipped with--
          (1) * * *

           *       *       *       *       *       *       *

          [(6) a buoyant apparatus, if the vessel is of a type 
        required by regulations prescribed by the Secretary to 
        be equipped with that apparatus;
          [(7) alerting and locating equipment, including 
        emergency position indicating radio beacons, on vessels 
        that operate beyond 3 nautical miles from the baselines 
        from which the territorial sea of the United States is 
        measured, and which are owned in the United States or 
        beyond 3 nautical miles from the coastline of the Great 
        Lakes; and]
          (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
          [(8)] (7) a placard as required by regulations 
        prescribed under section 10603(b) of this title.
  (b)(1) In addition to the requirements of subsection (a) of 
this section, the Secretary shall prescribe regulations 
requiring the installation, maintenance, and use of the 
equipment in paragraph (2) of this subsection for [documented] 
vessels to which this chapter applies that--
          (A) operate beyond [the Boundary Line] 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;

           *       *       *       *       *       *       *

  (2) The equipment to be required is as follows:
          (A) * * *
          (B) [lifeboats or liferafts] a survival craft that 
        ensures that no part of an individual is immersed in 
        water sufficient to accommodate all individuals on 
        board;

           *       *       *       *       *       *       *

          (D) marine radio communications equipment sufficient 
        to effectively communicate with land-based search and 
        rescue facilities;
          (E) navigation equipment, including compasses, [radar 
        reflectors, nautical charts, and anchors] nautical 
        charts, and publications;
          (F) first aid equipment[, including medicine chests] 
        and medical supplies sufficient for the size and area 
        of operation of the vessel; and
          [(G) 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.]
          (G) ground tackle sufficient for the vessel.

           *       *       *       *       *       *       *

  [(f) To ensure compliance with the requirements of this 
chapter, at least once every 2 years the Secretary shall 
examine--
          [(1) a fish processing vessel; and
          [(2) a fish tender vessel engaged in the Aleutian 
        trade.]
  (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.
  (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 that 
        meets the requirements of subsection (g); 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.

[Sec. 4503. Fish processing vessel certification]

Sec. 4503. Fishing, fish tender, and fish processing vessel 
                    certification

  (a) A [fish processing] vessel to which this section applies 
may not be operated unless the vessel--
          (1) * * *

           *       *       *       *       *       *       *

  (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
          (3) undergoes a major conversion completed after that 
        date.
  (d) After January 1, 2018, this section applies to a fishing 
vessel or fish tender vessel that is built before January 1, 
2008, and is 25 years of age or older, unless the vessel 
complies with an alternate safety compliance program prescribed 
by the Secretary.

           *       *       *       *       *       *       *


Sec. 4506. Exemptions

  (a) * * *
  [(b) A vessel to which this chapter applies is exempt from 
section 4502(b)(2)(B) of this title if it--
          [(1) is less than 36 feet in length; and
          [(2) is operating--
                  [(A) in internal waters of the United States; 
                or
                  [(B) within 3 nautical miles from the 
                baselines from which the territorial sea of the 
                United States is measured.]

           *       *       *       *       *       *       *


[Sec. 4508. Commercial Fishing Industry Vessel Advisory Safety 
                    Committee]

Sec. 4508. Commercial Fishing Safety Advisory Committee

  (a) The Secretary shall establish a Commercial Fishing 
[Industry Vessel] Safety Advisory Committee. The Committee--
          (1) * * *

           *       *       *       *       *       *       *


                     Part C--Load Lines of Vessels

CHAPTER 51--LOAD LINES

           *       *       *       *       *       *       *


Sec. 5102. Application

  (a) * * *
  (b) This chapter does not apply to the following:
          (1) * * *

           *       *       *       *       *       *       *

          (3) a fishing vessel, unless the vessel is built or 
        undergoes a major conversion completed after January 1, 
        2008.

           *       *       *       *       *       *       *


     Part E--Merchant Seamen Licenses, Certificates, and Documents

           CHAPTER 71--LICENSES AND CERTIFICATES OF REGISTRY

Sec.  
7101.  Issuing and classifying licenses and certificates of registry.
     * * * * * * *
[7105. Oaths.]
     * * * * * * *
7115. Merchant Mariner Medical Advisory Committee.

           *       *       *       *       *       *       *


[Sec. 7105. Oaths

  [An applicant for a license or certificate of registry shall 
take, before the issuance of the license or certificate, an 
oath before a designated official, without concealment or 
reservation, that the applicant will perform faithfully and 
honestly, according to the best skill and judgment of the 
applicant, all the duties required by law.

[Sec. 7106. Duration of licenses

  [A license issued under this part is valid for 5 years and 
may be renewed for additional 5-year periods. However, 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.

[Sec. 7107. Duration of certificates of registry

  [A certificate of registry issued under this part is valid 
for 5 years and may be renewed for additional 5-year periods. 
However, 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.]

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.

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. 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 
        twelve 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) two 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.
  (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.

                CHAPTER 73--MERCHANT MARINERS' DOCUMENTS

Sec.
7301.  General.
     * * * * * * *
[7305.  Oaths for holders of merchant mariners' documents.]
     * * * * * * *

Sec. 7302. Issuing merchant mariners' documents and continuous 
                    discharge books

  (a) * * *

           *       *       *       *       *       *       *

  [(f) Except as provided in subsection (g), a merchant 
mariner's document issued under this chapter is valid for 5 
years and may be renewed for additional 5-year periods.]
  (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.

           *       *       *       *       *       *       *


[Sec. 7305. Oaths for holders of merchant mariners' documents

  [An applicant for a merchant mariner's document shall take, 
before issuance of the document, an oath that the applicant 
will perform faithfully and honestly all the duties required by 
law, and will carry out the lawful orders of superior 
officers.]

           *       *       *       *       *       *       *


   CHAPTER 75--GENERAL PROCEDURES FOR LICENSING, CERTIFICATION, AND 
                             DOCUMENTATION

Sec.
7501.  Duplicates.
     * * * * * * *
7507.  Fingerprinting.
7508.  Authority to extend the duration of licenses, certificates of 
          registry, and merchant mariner documents.

           *       *       *       *       *       *       *


Sec. 7502. Records

  (a) The Secretary shall maintain [computerized records] 
records, including electronic records, on the issuances, 
denials, suspensions, and revocations of licenses, certificates 
of registry, merchant mariners' documents, and endorsements on 
those licenses, certificates, and documents.
  (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. 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.

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.

           *       *       *       *       *       *       *


                       Part F--Manning of Vessels

                          CHAPTER 81--GENERAL

Sec.
8101.  Complement of inspected vessels.
     * * * * * * *
8106.  Riding gangs.

           *       *       *       *       *       *       *


CHAPTER 89--SMALL VESSEL MANNING

           *       *       *       *       *       *       *


Sec. 8905. Exemptions

  (a) * * *
  [(b) Section 8904 of this title does not apply to a vessel of 
less 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 engaged in the offshore mineral and 
oil industry if the vessel has offshore mineral and oil 
industry sites or equipment as its ultimate destination or 
place of departure.]
  [(c)] (b) Section 8904 of this title does not apply to an oil 
spill response vessel while engaged in oil spill response or 
training activities.

           *       *       *       *       *       *       *


CHAPTER 103--FOREIGN AND INTERCOASTAL VOYAGES

           *       *       *       *       *       *       *


Sec. 10313. Wages

  (a) * * *

           *       *       *       *       *       *       *

  (g) [When] (1) Subject to paragraph (2), when payment is not 
made as provided under subsection (f) of this section without 
sufficient cause, the master or owner shall pay to the seaman 2 
days' wages for each day payment is delayed.
  (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.

           *       *       *       *       *       *       *


Sec. 10315. Allotments

  (a) * * *

           *       *       *       *       *       *       *

  (f) Deposits in Seaman Account.--A seaman employed on a 
passenger vessel capable of carrying more than 500 passengers 
may authorize, by written request signed by the seaman, the 
master, owner, or operator of the vessel, or the employer of 
the seaman, to make deposits of wages of the seaman into a 
checking, savings, investment, or retirement account, or other 
account to secure a payroll or debit card for the seaman if--
          (1) the wages designated by the seaman for such 
        deposit are deposited in a United States or 
        international financial institution designated by the 
        seaman;
          (2) such deposits in the financial institution are 
        fully guaranteed under commonly accepted international 
        standards by the government of the country in which the 
        financial institution is licensed;
          (3) a written wage statement or pay stub, including 
        an accounting of any direct deposit, is delivered to 
        the seaman no less often than monthly; and
          (4) while on board the vessel on which the seaman is 
        employed, the seaman is able to arrange for withdrawal 
        of all funds on deposit in the account in which the 
        wages are deposited.

           *       *       *       *       *       *       *


CHAPTER 105--COASTWISE VOYAGES

           *       *       *       *       *       *       *


Sec. 10504. Wages

  (a) * * *

           *       *       *       *       *       *       *

  (c) [When] (1) Subject to subsection (d), and except as 
provided in paragraph (2), when payment is not made as provided 
under subsection (b) of this section without sufficient cause, 
the master or owner shall pay to the seaman 2 days' wages for 
each day payment is delayed.
  (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.

           *       *       *       *       *       *       *

  (f) Deposits in Seaman Account.--A seaman employed on a 
passenger vessel capable of carrying more than 500 passengers 
may authorize, by written request signed by the seaman, the 
master, owner, or operator of the vessel, or the employer of 
the seaman, to make deposits of wages of the seaman into a 
checking, savings, investment, or retirement account, or other 
account to secure a payroll or debit card for the seaman if--
          (1) the wages designated by the seaman for such 
        deposit are deposited in a United States or 
        international financial institution designated by the 
        seaman;
          (2) such deposits in the financial institution are 
        fully guaranteed under commonly accepted international 
        standards by the government of the country in which the 
        financial institution is licensed;
          (3) a written wage statement or pay stub, including 
        an accounting of any direct deposit, is delivered to 
        the seaman no less often than monthly; and
          (4) while on board the vessel on which the seaman is 
        employed, the seaman is able to arrange for withdrawal 
        of all funds on deposit in the account in which the 
        wages are deposited.

           *       *       *       *       *       *       *


                     CHAPTER 113--OFFICIAL LOGBOOKS

Sec.  
11301.  Logbook and entry requirements.
     * * * * * * *
11304.  Additional logbook and entry requirements.

           *       *       *       *       *       *       *


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.
  (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.

           *       *       *       *       *       *       *


                   Part H--Identification of Vessels

CHAPTER 121--DOCUMENTATION OF VESSELS

           *       *       *       *       *       *       *


         SUBCHAPTER II--ENDORSEMENTS AND SPECIAL DOCUMENTATION

Sec. 12111. Registry endorsement

  (a) * * *

           *       *       *       *       *       *       *

  (d) A vessel or facility for which a registry endorsement is 
not issued may not engage in regassifying on navigable waters 
unless the vessel or facility transported the gas from a 
foreign port.

           *       *       *       *       *       *       *


Sec. 12113. Fishery endorsement

  (a) * * *

           *       *       *       *       *       *       *

  (d) Requirements Based on Length, Tonnage, or Horsepower.--
          (1) * * *
          (2) Requirements.--A vessel subject to this 
        subsection is not eligible for a fishery endorsement 
        unless--
                  (A)(i) a certificate of documentation was 
                issued for the vessel and endorsed with a 
                fishery endorsement that was effective on 
                September 25, 1997; and
                  (ii) the vessel is not placed under foreign 
                registry after October 21, 1998; [and]
                  [(iii) if the fishery endorsement is 
                invalidated after October 21, 1998, application 
                is made for a new fishery endorsement within 15 
                business days of the invalidation; or]
                  (B) the owner of the vessel demonstrates to 
                the Secretary that the regional fishery 
                management council of jurisdiction established 
                under section 302(a)(1) of the Magnuson-Stevens 
                Fishery Conservation and Management Act (16 
                U.S.C. 1852(a)(1)) has recommended after 
                October 21, 1998, and the Secretary of Commerce 
                has approved, conservation and management 
                measures in accordance with the American 
                Fisheries Act (Public Law 105-277, div. C, 
                title II) (16 U.S.C. 1851 note) to allow the 
                vessel to be used in fisheries under the 
                council's authority[.]; or
                  (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.

           *       *       *       *       *       *       *


                     Part J--Measurement of Vessels

CHAPTER 141--GENERAL

           *       *       *       *       *       *       *


Sec. 14101. Definitions

  In this part--
          (1) * * *

           *       *       *       *       *       *       *

          (4) ``vessel [engaged] that engages on a foreign 
        voyage'' means a vessel--
                  (A) [arriving] that arrives at a place under 
                the jurisdiction of the United States from a 
                place in a foreign country;
                  (B) [making] that makes a voyage between 
                places outside the United States [(except a 
                foreign vessel engaged on that voyage)];
                  (C) [departing] that departs from a place 
                under the jurisdiction of the United States for 
                a place in a foreign country; or
                  (D) [making] that makes a voyage between a 
                place within a territory or possession of the 
                United States and another place under the 
                jurisdiction of the United States not within 
                that territory or possession.

           *       *       *       *       *       *       *


Sec. 14103. Delegation of authority

  (a) * * *

           *       *       *       *       *       *       *

  (c) For a vessel [intended to be engaged on] that engages on 
a foreign voyage, the Secretary may delegate to another country 
that is a party to the Convention the authority to measure the 
vessel and issue an International Tonnage Certificate (1969) 
under chapter 143 of this title.

           *       *       *       *       *       *       *


                  CHAPTER 143--CONVENTION MEASUREMENT

Sec.  
14301.  Application.
     * * * * * * *
[14303.  International Tonnage Certificate (1969).]
14303.  Tonnage Certificate.
     * * * * * * *

Sec. 14301. Application

  [(a) Except as otherwise provided in this section, this 
chapter applies to the following:
          [(1) a documented vessel.
          [(2) a vessel that is to be documented under chapter 
        121 of this title.
          [(3) a vessel engaged on a foreign voyage.]
  (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.
  (b) This chapter does not apply to the following:
          (1) a vessel of war[.], unless the government of the 
        country to which the vessel belongs elects to measure 
        the vessel under this chapter.

           *       *       *       *       *       *       *

          (3) a vessel of United States or Canadian registry or 
        nationality, or a vessel operated under the authority 
        of the United States or Canada, and that is operating 
        only on the Great Lakes, unless the owner requests.
          (4) [a vessel (except a vessel engaged] a vessel of 
        United States registry or nationality, or one operated 
        under the authority of the United States (except a 
        vessel that engages on a foreign voyage) the keel of 
        which was laid or that was at a similar stage of 
        construction before January 1, 1986, unless--
                  (A) * * *

           *       *       *       *       *       *       *

          [(5) before July 19, 1994, an existing vessel 
        unless--
                  [(A) the owner requests; or
                  [(B) the vessel undergoes a change that the 
                Secretary finds substantially affects the 
                vessel's gross tonnage.]
          [(6) a barge (except a barge engaged on a foreign 
        voyage) unless the owner requests.]
          (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.
  [(c) A vessel made subject to this chapter at the request of 
the owner may be remeasured only as provided by this chapter.]
  [(d) After July 18, 1994, an existing vessel (except an 
existing vessel referred to in subsection (b)(5)(A) or (B) of 
this section)] (c) 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) may retain 
its tonnages existing on July 18, 1994, for the application of 
relevant requirements under international agreements (except 
the Convention) and other laws of the United States. However, 
if the vessel undergoes a change substantially affecting its 
tonnage after July 18, 1994, the vessel shall be remeasured 
under this chapter.
  [(e)] (d) This chapter does not affect an international 
agreement to which the United States Government is a party that 
is not in conflict with the Convention or the application of 
IMO Resolutions A.494 (XII) of November 19, 1981, A.540 (XIII) 
of November 17, 1983, and A.541 (XIII) of November 17, 1983.

Sec. 14302. Measurement

  (a) * * *
  [(b) Except as provided in section 1602(a) of the Panama 
Canal Act of 1979 (22 U.S.C. 3792(a)), a vessel measured under 
this chapter may not be required to be measured under another 
law.]
  (b) A vessel measured under this chapter may not be required 
to be measured under another law.

           *       *       *       *       *       *       *


Sec. 14303. [International] Tonnage Certificate [(1969)]

  (a) After measuring a vessel under this chapter, the 
Secretary shall issue, on request of the owner, an 
International Tonnage Certificate (1969) and deliver it to the 
owner or master of the vessel. 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) The certificate issued under this section shall be 
maintained as required by the Secretary.

           *       *       *       *       *       *       *


Sec. 14305. Optional regulatory measurement

  (a) On request of the owner of a [documented vessel measured 
under this chapter,] vessel measured under this chapter that is 
of United States registry or nationality, or a vessel operated 
under the authority of the United States, the Secretary also 
shall measure the vessel under chapter 145 of this title. The 
tonnages determined under that chapter shall be used in 
applying--
          (1) * * *

           *       *       *       *       *       *       *


                  CHAPTER 145--REGULATORY MEASUREMENT

                          SUBCHAPTER I--GENERAL

Sec.
14501.  Application.
     * * * * * * *

                      SUBCHAPTER II--FORMAL SYSTEMS

14511.  Application.
     * * * * * * *
14514. Reciprocity for foreign vessels.

           *       *       *       *       *       *       *


                         SUBCHAPTER I--GENERAL

Sec. 14501. Application

  This chapter applies to the following:
          [(1) a vessel not measured under chapter 143 of this 
        title if--
                  [(A) the vessel is to be documented under 
                chapter 121 of this title; or
                  [(B) the application of a law of the United 
                States to the vessel depends on the vessel's 
                tonnage.]
          (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.
          (2) [a vessel] A vessel measured under chapter 143 of 
        this title if the owner requests that the vessel also 
        be measured under this chapter as provided in section 
        14305 of this title.

           *       *       *       *       *       *       *


Sec. 14503. Certificate of measurement

  (a) The Secretary shall prescribe the certificate to be 
issued as evidence of a vessel's measurement under this 
chapter.
  (b) The certificate shall be maintained as required by the 
Secretary.

           *       *       *       *       *       *       *


SUBCHAPTER II--FORMAL SYSTEMS

           *       *       *       *       *       *       *


Sec. 14513. Dual tonnage measurement

  (a) * * *

           *       *       *       *       *       *       *

  (c)(1) If a [vessel's tonnage mark is below the uppermost 
part of the load line marks,] vessel is assigned two sets of 
gross and net tonnages under this section, each certificate 
stating the vessel's tonnages shall state the gross and net 
tonnages when the vessel's tonnage mark is submerged and when 
it is not submerged.
  (2) Except as provided in paragraph (1) of this subsection, a 
certificate stating a vessel's tonnages may state only one set 
of gross and net tonnages[.] as assigned under this section.

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.

           *       *       *       *       *       *       *


              Subtitle VII--Security and Drug Enforcement

Chapter                                                            Sec. 
      Port Security...............................................70101 
     * * * * * * *
      Maritime Law Enforcement.....................................70701

                       CHAPTER 701--PORT SECURITY

Sec.
70101.  Definitions.
     * * * * * * *
[70110.  Actions and assistance for foreign ports and United States 
          territories.]
70110.  Actions and assistance for foreign ports or facilities and 
          United States territories.
     * * * * * * *
[70117.  Firearms, arrests, and seizure of property.]
     * * * * * * *

Sec. 70105. Transportation security cards

  (a) * * *

           *       *       *       *       *       *       *

  (c) Determination of Terrorism Security Risk.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Denial of waiver review.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) Classified evidence.--The Secretary, in 
                consultation with the [National Intelligence 
                Director] Director of National Intelligence, 
                shall issue regulations to establish procedures 
                by which the Secretary, as part of a review 
                conducted under this paragraph, may provide to 
                the individual adversely affected by the 
                determination an unclassified summary of 
                classified evidence upon which the denial of a 
                waiver by the Secretary was based.

           *       *       *       *       *       *       *


Sec. 70106. Maritime safety and security teams

  (a) * * *

           *       *       *       *       *       *       *

  [(c) Coordination With Other Agencies.--To the maximum extent 
feasible, each maritime safety and security team shall 
coordinate its activities with other Federal, State, and local 
law enforcement and emergency response agencies.]
  (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. 70110. Actions and assistance for foreign ports or facilities and 
                    United States territories

  (a) In General.--If the Secretary finds that a foreign port 
or facility does not maintain effective antiterrorism measures, 
the Secretary--
          (1) may prescribe conditions of entry into the United 
        States for any vessel arriving from that port or 
        facility, or any vessel carrying cargo or passengers 
        originating from or transshipped through that port or 
        facility;
          (2) may deny entry into the United States to any 
        vessel that does not meet such conditions; and
          (3) shall provide public notice for passengers of the 
        ineffective antiterrorism measures.
  (b) Effective Date for Sanctions.--Any action taken by the 
Secretary under subsection (a) for a particular port or 
facility shall take effect--
          (1) 90 days after the government of the foreign 
        country with jurisdiction over or control of that port 
        or facility is notified under section 70109 unless the 
        Secretary finds that the government has brought the 
        antiterrorism measures at the port or facility up to 
        the security level the Secretary used in making an 
        assessment under section 70108 before the end of that 
        90-day period; or
          (2) immediately upon the finding of the Secretary 
        under subsection (a) if the Secretary finds, after 
        consulting with the Secretary of State, that a 
        condition exists that threatens the safety or security 
        of passengers, vessels, or crew traveling to or from 
        the port or facility.
  (c) State Department To Be Notified.--The Secretary 
immediately shall notify the Secretary of State of a finding 
that a port or facility does not maintain effective 
antiterrorism measures.
  (d) Action Canceled.--An action required under this section 
is no longer required if the Secretary decides that effective 
antiterrorism measures are maintained at the port or facility.
  (e) Assistance for Foreign [Ports] Ports, Facilities, and 
United States Territories.--
          (1) In general.--The Secretary, in consultation with 
        the Secretary of Transportation, the Secretary of 
        State, and the Secretary of Energy, shall identify 
        assistance programs that could facilitate 
        implementation of port or facility security 
        antiterrorism measures in foreign countries and 
        territories of the United States. [The Secretary shall 
        establish a program to utilize the programs that are 
        capable of implementing port security antiterrorism 
        measures at ports in foreign countries and territories 
        of the United States that the Secretary finds to lack 
        effective antiterrorism measures.] 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.
          (2) Caribbean basin.--The Secretary, in coordination 
        with the Secretary of State and in consultation with 
        the Organization of American States and the Commandant 
        of the Coast Guard, shall place particular emphasis on 
        utilizing programs to facilitate the implementation of 
        port or facility security antiterrorism measures at the 
        ports located in the Caribbean Basin, as such ports 
        pose unique security and safety threats to the United 
        States due to--
                  (A) * * *

           *       *       *       *       *       *       *

  (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--
                  (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. 70117. Firearms, arrests, and seizure of property

  [Subject to guidelines approved by the Secretary, members of 
the Coast Guard may, in the performance of official duties--
          [(1) carry a firearm; and
          [(2) while at a facility--
                  [(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.]

           *       *       *       *       *       *       *


CHAPTER 705--MARITIME DRUG LAW ENFORCEMENT

           *       *       *       *       *       *       *


Sec. 70506. Penalties

  (a) * * *

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *


                 CHAPTER 707--MARITIME LAW ENFORCEMENT

Sec.
70701.  Offense.
70702.  Attempt or conspiracy.
70703.  Affirmative defenses.
70704.  Penalties.
70705.  Criminal forfeiture.
70706.  Civil forfeiture.
70707.  Extension beyond territorial jurisdiction.
70708.  Claim of failure to comply with international law; jurisdiction 
          of court.
70709.  Federal activities.
70710.  Definitions.

Sec. 70701. Offense

  It shall be unlawful for any person on board a covered vessel 
to transport or facilitate the transportation, harboring, or 
concealment of an alien on board such vessel knowing or having 
reason to believe that the alien is attempting to unlawfully 
enter the United States.

Sec. 70702. Attempt or conspiracy

  Any person on board a covered vessel who attempts or 
conspires to commit a violation of section 70701 shall be 
subject to the same penalties as those prescribed for the 
violation, the commission of which was the object of the 
attempt or conspiracy.

Sec. 70703. Affirmative defenses

  It is an affirmative defense to a prosecution under this 
section, which the defendant must prove by a preponderance of 
the evidence, that--
          (1)(A) the alien was on board pursuant to a rescue at 
        sea, or was a stowaway; or
          (B) the entry into the United States was a necessary 
        response to an imminent threat of death or serious 
        bodily injury to the alien;
          (2) the defendant, as soon as reasonably practicable, 
        informed the Coast Guard of the presence of the alien 
        on the vessel and the circumstances of the rescue; and
          (3) the defendant complied with all orders given by 
        law enforcement officials of the United States.

Sec. 70704. Penalties

  Any person who commits a violation of this chapter shall be 
imprisoned for not less than 3 nor more than 20 years or fined 
not more than $100,000, or both; except that--
          (1) in any case in which the violation causes serious 
        bodily injury to any person, regardless of where the 
        injury occurs, the person shall be imprisoned for not 
        less than 7 nor more than 30 years or fined not more 
        than $500,000, or both; and
          (2) in any case in which the violation causes or 
        results in the death of any person regardless of where 
        the death occurs, the person shall be imprisoned for 
        not less than 10 years nor more than life or fined not 
        more than $1,000,000, or both.

Sec. 70705. Criminal forfeiture

  The court, at the time of sentencing a person convicted of an 
offense under this chapter, shall order forfeited to the United 
States any vessel used in the offense in the same manner and to 
the same extent as if it were a vessel used in an offense under 
section 274 of the Immigration and Nationality Act (8 U.S.C. 
1324).

Sec. 70706. Civil forfeiture

  A vessel that has been used in the commission of a violation 
of this chapter shall be seized and subject to forfeiture in 
the same manner and to the same extent as if it were used in 
the commission of a violation of section 274(a) of the 
Immigration and Nationality Act (8 U.S.C. 1324(a)).

Sec. 70707. Extension beyond territorial jurisdiction

  Sections 70701 and 70702 apply even though the act is 
committed outside the territorial jurisdiction of the United 
States.

Sec. 70708. Claim of failure to comply with international law; 
                    jurisdiction of court

  A claim of failure to comply with international law in the 
enforcement of this chapter may be invoked as a basis for a 
defense solely by a foreign nation. A failure to comply with 
international law shall not divest a court of jurisdiction or 
otherwise constitute a defense to any proceeding under this 
chapter.

Sec. 70709. Federal activities

  Nothing in this chapter applies to otherwise lawful 
activities carried out by or at the direction of the United 
States Government.

Sec. 70710. Definitions

  In this chapter, the following definitions apply:
          (1) Alien.--The term ``alien'' has the meaning given 
        that term in section 70105(f).
          (2) Covered vessel.--The term ``covered vessel'' 
        means a vessel of the United States, or a vessel 
        subject to the jurisdiction of the United States, that 
        is less than 300 gross tons (or an alternate tonnage 
        prescribed by the Secretary under section 14104 of this 
        title) as measured under section 14502 of this title.
          (3) Serious bodily injury.--The term ``serious bodily 
        injury'' has the meaning given that term in section 
        1365 of title 18, United States Code.
          (4) United states.--The term ``United States'' has 
        the meaning given that term is section 114.
          (5) Vessel of the united states.--The term ``vessel 
        of the United States'' has the meaning given that term 
        in section 70502.
          (6) Vessel subject to the jurisdiction of the united 
        states.--The term ``vessel subject to the jurisdiction 
        of the United States'' has the meaning given that term 
        in section 70502.

           *       *       *       *       *       *       *


Subtitle VIII--Miscellaneous

           *       *       *       *       *       *       *


                    CHAPTER 801--WRECKS AND SALVAGE

Sec.
80101. Vessel stranded on foreign coast.
[80102. License to salvage on Florida coast.]
     * * * * * * *

[Sec. 80102. License to salvage on Florida coast

  [(a) Licensing Requirements.--To be regularly employed in the 
business of salvaging on the coast of Florida, a vessel and its 
master each must have a license issued by a judge of the 
district court of the United States for a judicial district of 
Florida.
  [(b) Judicial Findings.--Before issuing a license under this 
section, the judge must be satisfied, when the license is for--
          [(1) a vessel, that the vessel is seaworthy and 
        properly equipped for the business of saving property 
        shipwrecked and in distress; or
          [(2) a master, that the master is trustworthy and 
        innocent of any fraud or misconduct related to property 
        shipwrecked or saved on the coast.]

           *       *       *       *       *       *       *

                              ----------                              


                         AMERICAN FISHERIES ACT

                          TITLE II--FISHERIES

Subtitle I--Fishery Endorsements

           *       *       *       *       *       *       *


SEC. 203. ENFORCEMENT OF STANDARD.

  (a) * * *

           *       *       *       *       *       *       *

  (g) Certain Vessels.--The vessels EXCELLENCE (United States 
official number 967502), GOLDEN ALASKA (United States official 
number 651041) and, OCEAN PHOENIX (United States official 
number 296779)[, 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)] shall be exempt from section 
12102(c), as amended by this Act, until such time after October 
1, 2001 as more than 50 percent of the interest owned and 
controlled in the vessel changes, provided that the vessel 
maintains eligibility for a fishery endorsement under the 
federal law that was in effect the day before the date of the 
enactment of this Act, and unless[, in the case of the NORTHERN 
TRAVELER or the NORTHERN VOYAGER (or such replacement), the 
vessel is used in any fishery under the authority of a regional 
fishery management council other than the New England Fishery 
Management Council or Mid-Atlantic Fishery Management Council 
established, respectively, under subparagraphs (A) and (B) of 
section 302(a)(1) of the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1852(a)(1) (A) and (B)), or in 
the case of the EXCELLENCE, GOLDEN ALASKA, or OCEAN PHOENIX,] 
the vessel is used to harvest any fish.

           *       *       *       *       *       *       *


Subtitle II--Bering Sea Pollock Fishery

           *       *       *       *       *       *       *


SEC. 208. ELIGIBLE VESSELS AND PROCESSORS.

  (a) * * *

           *       *       *       *       *       *       *

  [(g) Replacement Vessels.--In the event of the actual total 
loss or constructive total loss of a vessel eligible under 
subsections (a), (b), (c), (d), or (e), the owner of such 
vessel may replace such vessel with a vessel which shall be 
eligible in the same manner under that subsection as the 
eligible vessel, provided that--
          [(1) such loss was caused by an act of God, an act of 
        war, a collision, an act or omission of a party other 
        than the owner or agent of the vessel, or any other 
        event not caused by the willful misconduct of the owner 
        or agent;
          [(2) the replacement vessel was built in the United 
        States and if ever rebuilt, was rebuilt in the United 
        States;
          [(3) the fishery endorsement for the replacement 
        vessel is issued within 36 months of the end of the 
        last year in which the eligible vessel harvested or 
        processed pollock in the directed pollock fishery;
          [(4) if the eligible vessel is greater than 165 feet 
        in registered length, of more than 750 gross registered 
        tons (as measured under chapter 145 of title 46) or 
        1,900 gross registered tons as measured under chapter 
        143 of that title), or has engines capable of producing 
        more than 3,000 shaft horsepower, the replacement 
        vessel is of the same or lesser registered length, 
        gross registered tons, and shaft horsepower;
          [(5) if the eligible vessel is less than 165 feet in 
        registered length, of fewer than 750 gross registered 
        tons, and has engines incapable of producing less than 
        3,000 shaft horsepower, the replacement vessel is less 
        than each of such thresholds and does not exceed by 
        more than 10 percent the registered length, gross 
        registered tons or shaft horsepower of the eligible 
        vessel; and
          [(6) the replacement vessel otherwise qualifies under 
        federal law for a fishery endorsement, including under 
        section 12102(c) of title 46, United States Code, as 
        amended by this Act.]
  (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 2007 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 2007.
          (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 
        measures to protect fisheries under its jurisdiction 
        (including the Pacific whiting fishery) and 
        participants in such fisheries from adverse impacts 
        caused by this Act.

           *       *       *       *       *       *       *


SEC. 210. FISHERY COOPERATIVE LIMITATIONS.

  (a) * * *
  (b) Catcher Vessels Onshore.--
          (1) Catcher vessel cooperatives.--Effective January 
        1, 2000, upon the filing of a contract implementing a 
        fishery cooperative under subsection (a) which--
                  (A)  * * *

           *       *       *       *       *       *       *

        the Secretary shall allow only such catcher vessels 
        (and catcher vessels whose owners voluntarily 
        participate pursuant to paragraph (2)) to harvest the 
        aggregate percentage of the directed fishing allowance 
        under section 206(b)(1) in the year in which the 
        fishery cooperative will be in effect that is 
        equivalent to the aggregate total amount of pollock 
        harvested by such catcher vessels (and by such catcher 
        vessels whose owners voluntarily participate pursuant 
        to paragraph (2)) in the directed pollock fishery for 
        processing by the inshore component during 1995, 1996, 
        and 1997 relative to the aggregate total amount of 
        pollock harvested in the directed pollock fishery for 
        processing by the inshore component during such years 
        and shall prevent such catcher vessels (and catcher 
        vessels whose owners voluntarily participate pursuant 
        to paragraph (2)) from harvesting in aggregate in 
        excess of such percentage of such directed fishing 
        allowance.

           *       *       *       *       *       *       *

          (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 
                        2007; 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.

           *       *       *       *       *       *       *

                              ----------                              


                  SECTION 4 OF THE ACT OF JULY 5, 1884


  (Commonly known as the Rivers and Harbors Appropriation Act of 1884)

  Sec. 4. (a)  * * *
  (b) No taxes, tolls, operating charges, fees, or any other 
impositions whatever shall be levied upon or collected from any 
vessel or other water craft, or from its passengers or crew, by 
any non-Federal interest, if the vessel or water craft is 
operating on any navigable waters subject to the authority of 
the United States, or under the right to freedom of navigation 
on those waters, except for--
          (1)  * * *
          (2) reasonable fees charged on a fair and equitable 
        basis that--
                  (A)  * * *

           *       *       *       *       *       *       *

                  (C) do not impose more than a small burden on 
                interstate or foreign commerce; [or]
          (3) property taxes on vessels or watercraft, other 
        than vessels or watercraft that are primarily engaged 
        in foreign commerce if those taxes are permissible 
        under the United States Constitution[.]; or
          (4) sales taxes on goods and services provided to or 
        by vessels or watercraft (other than vessels or 
        watercraft primarily engaged in foreign commerce).
                              ----------                              


     SECTION 7 OF THE RIVERS AND HARBORS APPROPRIATIONS ACT OF 1915

  Sec. 7. [That the] (a) In General.--The Secretary of Homeland 
Security is hereby authorized, empowered, and directed to 
define and establish anchorage grounds for vessels in all 
harbors, rivers, bays, and other navigable waters of the United 
States whenever it is manifest to the said Secretary that the 
maritime or commercial interests of the United States require 
such anchorage grounds for safe navigation and the 
establishment of such anchorage grounds shall have been 
recommended by the Chief of Engineers, and to adopt suitable 
rules and regulations in relation thereto; and such rules and 
regulations shall be enforced by the Revenue-Cutter Service 
under the direction of the Secretary of the Treasury: Provided, 
That at ports or places where there is no revenue cutter 
available such rules and regulations may be enforced by the 
Chief of Engineers under the direction of the Secretary of 
Homeland Security. In the event of the violation of any such 
rules and regulations by the owner, master, or person in charge 
of any vessel, such owner, master, or person in charge of such 
vessel shall be liable to a penalty of [$100; and the] up to 
$10,000. Each day during which a violation continues shall 
constitute a separate violation. The said vessel may be holden 
for the payment of such penalty, and may be seized and 
proceeded against summarily by libel for the recovery of the 
same in any United States district court for the district 
within which such vessel may be and in the name of the officer 
designated by the Secretary of Homeland Security.
  (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.
                              ----------                              


OIL POLLUTION ACT OF 1990

           *       *       *       *       *       *       *


SEC. 2. TABLE OF CONTENTS.

  The contents of this Act are as follows:
     * * * * * * *

        TITLE VII--OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM

Sec. 7001. Oil pollution research and development program.
Sec. 7002. Submerged oil program.
     * * * * * * *

TITLE I--OIL POLLUTION LIABILITY AND COMPENSATION

           *       *       *       *       *       *       *


SEC. 1004. LIMITS ON LIABILITY.

  (a) General Rule.--Except as otherwise provided in this 
section, the total of the liability of a responsible party 
under section 1002 and any removal costs incurred by, or on 
behalf of, the responsible party, with respect to each incident 
shall not exceed--
          (1) * * *
          (2) for any other vessel, $950 per gross ton or 
        $800,000[,], whichever is greater;

           *       *       *       *       *       *       *

  (d) Adjusting Limits of Liability.--
          (1) * * *
          (2) Deepwater ports and associated vessels.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (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. 1012. USES OF THE FUND.

  (a) * * *

           *       *       *       *       *       *       *

  (h) Period of Limitations for Claims.--
          (1) Removal costs.--No claim may be presented under 
        this title for recovery of removal costs for an 
        incident unless the claim is presented within [6] 3 
        years after the date of completion of all removal 
        actions for that incident.

           *       *       *       *       *       *       *

                              ----------                              


COAST GUARD AUTHORIZATION ACT OF 1996

           *       *       *       *       *       *       *


SEC. 2. TABLE OF CONTENTS.

  The table of contents for this Act is as follows:

Sec. 1. Short title.
     * * * * * * *
Sec. 103. Quarterly [reports] report on drug interdiction.

           *       *       *       *       *       *       *


TITLE XI--MISCELLANEOUS

           *       *       *       *       *       *       *


SEC. 1120. DOCUMENTATION OF CERTAIN VESSELS.

  (a)  * * *

           *       *       *       *       *       *       *

  (c) Certificates of Documentation for Gallant Lady.--
          (1) In general.--Notwithstanding section 27 of the 
        Merchant Marine Act, 1920 (46 App. U.S.C. 883), section 
        8 of the Act of June 19, 1886 (24 Stat. 81, chapter 
        421; 46 App. U.S.C. 289), and section 12106 of title 
        46, United States Code, and subject to paragraph (2), 
        the Secretary [of Transportation] of the department in 
        which the Coast Guard is operating may issue a 
        certificate of documentation with an appropriate 
        endorsement for employment in coastwise trade for each 
        of the following vessels:
                  [(A) GALLANT LADY (Feadship hull number 645, 
                approximately 130 feet in length).]
                  (A) the vessel GALLANT LADY (Feadship hull 
                number 672, approximately 168 feet in length).

           *       *       *       *       *       *       *

          [(3) Condition.--The Secretary may not issue a 
        certificate of documentation for a vessel under 
        paragraph (1) unless, not later than 90 days after the 
        date of enactment of this Act, the owner of the vessel 
        referred to in paragraph (1)(B) submits to the 
        Secretary a letter expressing the intent of the owner 
        to, before April 1, 1998, enter into a contract for the 
        construction in the United States of a passenger vessel 
        of at least 130 feet in length.
          [(4) Effective date of certificates.--A certificate 
        of documentation issued under paragraph (1) shall take 
        effect--
                  [(A) for the vessel referred to in paragraph 
                (1)(A), on the date of the issuance of the 
                certificate; and
                  [(B) for the vessel referred to in paragraph 
                (1)(B), on the date of delivery of the vessel 
                to the owner.]
          [(5)] (3) Termination of effectiveness of 
        certificates.--A certificate of documentation issued 
        for a vessel under paragraph (1) shall expire[--
                  [(A) on the date of the sale of the vessel by 
                the owner;
                  [(B) on April 1, 1998, if the owner of the 
                vessel referred to in paragraph (1)(B) has not 
                entered into a contract for construction of a 
                vessel in accordance with the letter of intent 
                submitted to the Secretary under paragraph (3); 
                or
                  [(C) on such date as a contract referred to 
                in paragraph (2) is breached, rescinded, or 
                terminated (other than for completion of 
                performance of the contract) by the owner of 
                the vessel referred to in paragraph (1)(B).] on 
                the date of the sale of the vessel by the 
                owner.

           *       *       *       *       *       *       *

                              ----------                              


COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2006

           *       *       *       *       *       *       *


TITLE III--SHIPPING AND NAVIGATION

           *       *       *       *       *       *       *


SEC. 311. INTERNATIONAL TONNAGE MEASUREMENT OF VESSELS ENGAGED IN THE 
                    ALEUTIAN TRADE.

  (a) * * *
  (b) Other Inspection Exemption and Watch Requirement.--
Paragraphs (3)(B) and (4) of section 3302(c) of title 46, 
United States Code, and paragraphs (1) and (2) of section 
8104(o) of that title are each amended by striking ``or an 
alternate tonnage measured under section 14302 of this title as 
prescribed by the Secretary under section 14104 of this title'' 
and inserting ``or less than 500 gross tons as measured under 
section 14502 of this title, or is less than 2,500 gross tons 
as measured under section 14302 of this title''.

           *       *       *       *       *       *       *


TITLE VI--DELAWARE RIVER PROTECTION AND MISCELLANEOUS OIL PROVISIONS

           *       *       *       *       *       *       *


SEC. 603. LIMITS ON LIABILITY.

  (a) Adjustment of Liability Limits.--
          (1) * * *
          (2) Other vessels.--Section 1004(a)(2) of such Act 
        ([33 U.S.C. 2794(a)(2)] 33 U.S.C. 2704(a)(2)) is 
        amended--
                  (A) * * *

           *       *       *       *       *       *       *


                    TITLE IX--TECHNICAL CORRECTIONS

SEC. 901. MISCELLANEOUS TECHNICAL CORRECTIONS.

  (a) * * *

           *       *       *       *       *       *       *

  (r) Corrections to Dingell-Johnson Sport Fish Restoration 
Act.--
          (1) * * *
          (2) Section 14.--Section 14(a)(1) of the Dingell-
        Johnson Sport Fish Restoration Act (16 U.S.C. 
        777m(a)(1)) is amended by striking ``For each of [the] 
        fiscal years 2006 through 2009, not more than'' and 
        inserting ``Not more than''.

SEC. 902. CORRECTION OF REFERENCES TO SECRETARY OF TRANSPORTATION AND 
                    DEPARTMENT OF TRANSPORTATION; RELATED MATTERS.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Public Contracts.--Section 3732 of the Revised Statutes 
of the United States (41 U.S.C. 11) is amended by striking ``of 
Transportation'' each place it appears and inserting ``of 
Homeland Security''.

           *       *       *       *       *       *       *

  (e) Shipping.--Title 46, United State Code, is amended--
          (1) in section 2109 by striking ``a Coast Guard or''; 
        and
          (2) in section 6308--
                  (A) by redesignating subsections (b) and (c) 
                as subsections (c) and (d), respectively; [and]

           *       *       *       *       *       *       *

                  [(3)] (C) in subsection (c), as redesignated 
                by this [section] paragraph, by striking 
                ``subsection (a)'' and inserting ``subsections 
                (a) and (b)''; and
                  [(4)] (D) in subsection (d), as redesignated 
                by this [section] paragraph, by striking 
                ``subsections (a) and (b)'' and inserting 
                ``subsections (a), (b), and (c)''.

           *       *       *       *       *       *       *

  (h) Conservation.--
          (1) Section 1029.--Section 1029(e)(2)(B) of the 
        [Bisti/De-Na-Zin Wilderness Expansion and Fossil 
        Protection] Omnibus Parks and Public Lands Management 
        Act of 1996 (16 U.S.C. 460kkk(e)(2)(B)) is amended by 
        striking ``Secretary of Transportation, to represent 
        the United States Coast Guard.'' and inserting 
        ``Commandant of the Coast Guard.''.

           *       *       *       *       *       *       *

  (k) Bridges.--Section 4 of the Act of March 23, 1906, 
commonly known as the General Bridge Act of 1906 (33 U.S.C. 
[491)] 494), is amended by striking ``of Transportation'' each 
place it appears and inserting ``of Homeland Security''.

           *       *       *       *       *       *       *

  (o) Merchant Marine Act, 1920.--Section 27 of the Merchant 
Marine Act, 1920 (46 U.S.C. App. 883) is amended in the matter 
following the ninth proviso (pertaining to transportation of a 
foreign-flag incineration vessel) by striking ``Satisfactory 
inspection shall be certified in writing by the Secretary of 
Transportation'' and inserting ``Satisfactory inspection shall 
be certified, in writing, by the Secretary of Homeland 
Security[.]''.

           *       *       *       *       *       *       *

                              ----------                              


DEEPWATER PORT ACT OF 1974

           *       *       *       *       *       *       *


                               PROCEDURE

  Sec. 5. (a) * * *

           *       *       *       *       *       *       *

  (c)(1) * * *
  (2) Each application shall include such financial, technical, 
and other information as the Secretary deems necessary or 
appropriate. Such information shall include, but need not be 
limited to--
          (A) * * *

           *       *       *       *       *       *       *

          (K) the nation of registry for, and the nationality 
        or citizenship of officers and crew serving on board, 
        vessels transporting natural gas that are reasonably 
        anticipated to be servicing the deepwater port;

           *       *       *       *       *       *       *

                              ----------                              


                        ACT OF OCTOBER 13, 2006

                          (Public Law 109-347)

AN ACT To improve maritime and cargo security through enhanced layered 
defenses, and for other purposes.

           *       *       *       *       *       *       *


TITLE VII--OTHER MATTERS

           *       *       *       *       *       *       *


SEC. 705. PHASEOUT OF VESSELS SUPPORTING OIL AND GAS DEVELOPMENT.

  (a) In General.--Notwithstanding section 12105(c) of title 
46, United States Code, a foreign-flag vessel may be chartered 
by, or on behalf of, a lessee to be employed for the setting, 
relocation, or recovery of anchors or other mooring equipment 
of a mobile offshore drilling unit that is located over the 
Outer Continental Shelf (as defined in section 2(a) of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)) for 
operations in support of exploration, or flow-testing and 
stimulation of wells, for offshore mineral or energy resources 
in the Beaufort Sea or the Chukchi Sea adjacent to Alaska--
          (1) * * *
          (2) for an additional [2] 3-year period beginning 
        January 1, 2010, if the Secretary of Transportation 
        determines --
                  (A) * * *

           *       *       *       *       *       *       *

                              ----------                              


   NONINDIGENOUS AQUATIC NUISANCE PREVENTION AND CONTROL ACT OF 1990

            TITLE I--AQUATIC NUISANCE PREVENTION AND CONTROL

Subtitle A--General Provisions

           *       *       *       *       *       *       *


SEC. 1002. FINDINGS AND PURPOSES.

  (a) * * *
  (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.
  [(b)] (c) Purposes.--The purposes of this Act are--
          (1) to [prevent] eliminate unintentional introduction 
        and dispersal of nonindigenous species into waters of 
        the United States through ballast water treatment 
        management and other requirements;
          (2) to coordinate federally conducted, funded or 
        authorized research, prevention, detection, monitoring, 
        control, information dissemination and other activities 
        regarding [the zebra mussel and other] aquatic nuisance 
        species;
          (3) to develop and carry out environmentally sound 
        control methods to prevent, detect, monitor and control 
        unintentional introductions of nonindigenous species 
        [from pathways other than ballast water exchange];
          (4) to understand and minimize economic and 
        ecological impacts of nonindigenous aquatic nuisance 
        species that become established[, including the zebra 
        mussel]; and
          (5) to establish a program of research and technology 
        development and assistance to States in the prevention, 
        management, and removal of [zebra mussels] aquatic 
        nuisance species.

SEC. 1003. DEFINITIONS.

  As used in this Act, the term--
          (1) ``Administrator'' means the Administrator of the 
        Environmental Protection Agency;
          [(1)] (2) ``aquatic nuisance species'' means a 
        nonindigenous species that threatens the diversity or 
        abundance of native species or the ecological stability 
        of infested waters, or commercial, agricultural, 
        aquacultural or recreational activities dependent on 
        such waters;
          [(2)] (3) ``Assistant Secretary'' means the Assistant 
        Secretary of the Army (Civil Works);
          [(3) ``ballast water'' means any water and associated 
        sediments used to manipulate the trim and stability of 
        a vessel;]
          (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) ``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;
          [(4)] (8) ``Director'' means the Director of the 
        United States Fish and Wildlife Service;
          [(5)] (9) ``exclusive economic zone'' means the 
        Exclusive Economic Zone of the United States 
        established by Proclamation Number 5030, dated March 
        10, 1983, and the equivalent zone of Canada;
          [(6)] (10) ``environmentally sound'' methods, 
        efforts, actions or programs means methods, efforts, 
        actions or programs to prevent introductions or control 
        infestations of aquatic nuisance species that minimize 
        adverse impacts to the structure and function of an 
        ecosystem and adverse effects on non-target organisms 
        and ecosystems and emphasize integrated pest management 
        techniques and nonchemical measures;
          (11) ``foreign vessel'' has the meaning such term has 
        under section 110 of title 46, United States Code;
          [(7)] (12) ``Great Lakes'' means Lake Ontario, Lake 
        Erie, Lake Huron (including Lake St. Clair), Lake 
        Michigan, Lake Superior, and the connecting channels 
        (Saint Mary's River, Saint Clair River, Detroit River, 
        Niagara River, and Saint Lawrence River to the 
        Canandian Border), and includes all other bodies of 
        water within the drainage basin of such lakes and 
        connecting channels[.];
          [(8)] (13) ``Great Lakes region'' means the 8 States 
        that border on the Great Lakes;
          [(9)] (14) ``Indian tribe'' means any Indian tribe, 
        band, nation, or other organized group or community, 
        including any Alaska Native village or regional 
        corporation (as defined in or established pursuant to 
        the Alaska Native Claims Settlement Act (43 U.S.C. 1601 
        et seq.)) that is recognized as eligible for the 
        special programs and services provided by the United 
        States to Indians because of their status as Indians;
          [(10)] (15) ``interstate organization'' means an 
        entity--
                  (A)  * * *

           *       *       *       *       *       *       *

          (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);
          [(11)] (17) ``nonindigenous species'' means any 
        species or other viable biological material that enters 
        an ecosystem beyond its historic range, including any 
        such organism transferred from one country into 
        another;
          [(12)] (18) ``Secretary'' means the Secretary of the 
        department in which the Coast Guard is operating;
          (19) ``sediment'' means matter that has settled out 
        of ballast water within a vessel;
          [(13)] (20) ``Task Force'' means the Aquatic Nuisance 
        Species Task Force established under section 1201 of 
        this Act;
          [(14)] (21) ``territorial sea'' means the belt of the 
        sea measured from the baseline of the United States 
        determined in accordance with international law, as set 
        forth in Presidential Proclamation Number 5928, dated 
        December 27, 1988;
          [(15)] (22) ``Under Secretary'' means the Under 
        Secretary of Commerce for Oceans and Atmosphere;
          [(17)] (23) ``unintentional introduction'' means an 
        introduction of nonindigenous species that occurs as 
        the result of activities other than the purposeful or 
        intentional introduction of the species involved, such 
        as the transport of nonindigenous species in ballast or 
        in water used to transport fish, mollusks or 
        crustaceans for aquaculture or other purposes[.];
          (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;
          [(16)] (27) ``waters of the United States'' means the 
        navigable waters and the territorial sea of the United 
        States; and
          (28) ``waters subject to the jurisdiction of the 
        United States'' means navigable waters and the 
        territorial sea of the United States, the exclusive 
        economic zone, and the Great Lakes.

Subtitle B--Prevention of Unintentional Introductions of Nonindigenous 
                            Aquatic Species

[SEC. 1101. AQUATIC NUISANCE SPECIES IN WATERS OF THE UNITED STATES.

  [(a) Great Lakes Guidelines.--
          [(1) In general.--Not later than 6 months after the 
        date of enactment of this Act, the Secretary shall 
        issue voluntary guidelines to prevent the introduction 
        and spread of aquatic nuisance species into the Great 
        Lakes through the exchange of ballast water of vessels 
        prior to entering those waters.
          [(2) Content of guidelines.--The guidelines issued 
        under this subsection shall--
                  [(A) ensure to the maximum extent practicable 
                that ballast water containing aquatic nuisance 
                species is not discharged into the Great Lakes;
                  [(B) protect the safety of--
                          [(i) each vessel; and
                          [(ii) the crew and passengers of each 
                        vessel;
                  [(C) take into consideration different vessel 
                operating conditions; and
                  [(D) be based on the best scientific 
                information available.
  [(b) Regulations.--
          [(1) In general.--Not later than 2 years after the 
        date of enactment of this Act, the Secretary, in 
        consultation with the Task Force, shall issue 
        regulations to prevent the introduction and spread of 
        aquatic nuisance species into the Great Lakes through 
        the ballast water of vessels.
          [(2) Content of regulations.--The regulations issued 
        under this subsection shall--
                  [(A) apply to all vessels equipped with 
                ballast water tanks that enter a United States 
                port on the Great Lakes after operating on the 
                waters beyond the exclusive economic zone;
                  [(B) require a vessel to--
                          [(i) carry out exchange of ballast 
                        water on the waters beyond the 
                        exclusive economic zone prior to entry 
                        into any port within the Great Lakes;
                          [(ii) carry out an exchange of 
                        ballast water in other waters where the 
                        exchange does not pose a threat of 
                        infestation or spread of aquatic 
                        nuisance species in the Great Lakes and 
                        other waters of the United States, as 
                        recommended by the Task Force under 
                        section 1102(a)(1); or
                          [(iii) use environmentally sound 
                        alternative ballast water management 
                        methods if the Secretary determines 
                        that such alternative methods are as 
                        effective as ballast water exchange in 
                        preventing and controlling infestations 
                        of aquatic nuisance species;
                  [(C) not affect or supersede any requirements 
                or prohibitions pertaining to the discharge of 
                ballast water into waters of the United States 
                under the Federal Water Pollution Control Act 
                (33 U.S.C. 1251 et seq.);
                  [(D) provide for sampling procedures to 
                monitor compliance with the requirements of the 
                regulations;
                  [(E) prohibit the operation of a vessel in 
                the Great Lakes if the master of the vessel has 
                not certified to the Secretary or the 
                Secretary's designee by not later than the 
                departure of that vessel from the first lock in 
                the St. Lawrence Seaway that the vessel has 
                complied with the requirements of the 
                regulations;
                  [(F) protect the safety of--
                          [(i) each vessel; and
                          [(ii) the crew and passengers of each 
                        vessel;
                  [(G) take into consideration different 
                operating conditions; and
                  [(H) be based on the best scientific 
                information available.
          [(3) Additional regulations.--In addition to 
        promulgating regulations under paragraph (1), the 
        Secretary, in consultation with the Task Force, shall, 
        not later than November 4, 1994, issue regulations to 
        prevent the introduction and spread of aquatic nuisance 
        species into the Great Lakes through ballast water 
        carried on vessels that enter a United States port on 
        the Hudson River north of the George Washington Bridge.
          [(4) Education and technical assistance programs.--
        The Secretary may carry out education and technical 
        assistance programs and other measures to promote 
        compliance with the regulations issued under this 
        subsection.
  [(c) Voluntary National Guidelines.--
          [(1) In general.--Not later than 1 year after the 
        date of enactment of the National Invasive Species Act 
        of 1996, and after providing notice and an opportunity 
        for public comment, the Secretary shall issue voluntary 
        guidelines to prevent the introduction and spread of 
        nonindigenous species in waters of the United States by 
        ballast water operations and other operations of 
        vessels equipped with ballast water tanks.
          [(2) Content of guidelines.--The voluntary guidelines 
        issued under this subsection shall--
                  [(A) ensure to the maximum extent practicable 
                that aquatic nuisance species are not 
                discharged into waters of the United States 
                from vessels;
                  [(B) apply to all vessels equipped with 
                ballast water tanks that operate in waters of 
                the United States;
                  [(C) protect the safety of--
                          [(i) each vessel; and
                          [(ii) the crew and passengers of each 
                        vessel;
                  [(D) direct a vessel that is carrying ballast 
                water into waters of the United States after 
                operating beyond the exclusive economic zone 
                to--
                          [(i) carry out the exchange of 
                        ballast water of the vessel in waters 
                        beyond the exclusive economic zone;
                          [(ii) exchange the ballast water of 
                        the vessel in other waters where the 
                        exchange does not pose a threat of 
                        infestation or spread of nonindigenous 
                        species in waters of the United States, 
                        as recommended by the Task Force under 
                        section 1102(a)(1); or
                          [(iii) use environmentally sound 
                        alternative ballast water management 
                        methods, including modification of the 
                        vessel ballast water tanks and intake 
                        systems, if the Secretary determines 
                        that such alternative methods are at 
                        least as effective as ballast water 
                        exchange in preventing and controlling 
                        infestations of aquatic nuisance 
                        species;
                  [(E) direct vessels to carry out management 
                practices that the Secretary determines to be 
                necessary to reduce the probability of 
                unintentional nonindigenous species transfer 
                resulting from--
                          [(i) ship operations other than 
                        ballast water discharge; and
                          [(ii) ballasting practices of vessels 
                        that enter waters of the United States 
                        with no ballast water on board;
                  [(F) provide for the keeping of records that 
                shall be submitted to the Secretary, as 
                prescribed by the guidelines, and that shall be 
                maintained on board each vessel and made 
                available for inspection, upon request of the 
                Secretary and in a manner consistent with 
                subsection (i), in order to enable the 
                Secretary to determine compliance with the 
                guidelines, including--
                          [(i) with respect to each ballast 
                        water exchange referred to in clause 
                        (ii), reporting on the precise location 
                        and thoroughness of the exchange; and
                          [(ii) any other information that the 
                        Secretary considers necessary to assess 
                        the rate of effective compliance with 
                        the guidelines;
                  [(G) provide for sampling procedures to 
                monitor compliance with the guidelines;
                  [(H) take into consideration--
                          [(i) vessel types;
                          [(ii) variations in the 
                        characteristics of point of origin and 
                        receiving water bodies;
                          [(iii) variations in the ecological 
                        conditions of waters and coastal areas 
                        of the United States; and
                          [(iv) different operating conditions;
                  [(I) be based on the best scientific 
                information available;
                  [(J) not affect or supersede any requirements 
                or prohibitions pertaining to the discharge of 
                ballast water into waters of the United States 
                under the Federal Water Pollution Control Act 
                (33 U.S.C. 1251 et seq.); and
                  [(K) provide an exemption from ballast water 
                exchange requirements to passenger vessels with 
                operating ballast water systems that are 
                equipped with treatment systems designed to 
                kill aquatic organisms in ballast water, unless 
                the Secretary determines that such treatment 
                systems are less effective than ballast water 
                exchange at reducing the risk of transfers of 
                invasive species in the ballast water of 
                passenger vessels; and
                  [(L) not apply to crude oil tankers engaged 
                in the coastwise trade.
          [(3) Education and technical assistance programs.--
        Not later than 1 year after the date of enactment of 
        the National Invasive Species Act of 1996, the 
        Secretary shall carry out education and technical 
        assistance programs and other measures to encourage 
        compliance with the guidelines issued under this 
        subsection.
  [(d) Report to Congress.--Not sooner than 24 months after the 
date of issuance of guidelines pursuant to subsection (c) and 
not later than 30 months after such date, and after 
consultation with interested and affected persons, the 
Secretary shall prepare and submit to Congress a report 
containing the information required pursuant to paragraphs (1) 
and (2) of subsection (e).
  [(e) Periodic Review and Revision.--
          [(1) In general.--Not later than 3 years after the 
        date of issuance of guidelines pursuant to subsection 
        (c), and not less frequently than every 3 years 
        thereafter, the Secretary shall, in accordance with 
        criteria developed by the Task Force under paragraph 
        (3)--
                  [(A) assess the compliance by vessels with 
                the voluntary guidelines issued under 
                subsection (c) and the regulations promulgated 
                under this Act;
                  [(B) establish the rate of compliance that is 
                based on the assessment under subparagraph (A);
                  [(C) assess the effectiveness of the 
                voluntary guidelines and regulations referred 
                to in subparagraph (A) in reducing the 
                introduction and spread of aquatic nuisance 
                species by vessels; and
                  [(D) as necessary, on the basis of the best 
                scientific information available--
                          [(i) revise the guidelines and 
                        regulations referred to in subparagraph 
                        (A);
                          [(ii) promulgate additional 
                        regulations pursuant to subsection 
                        (f)(1); or
                          [(iii) carry out each of clauses (i) 
                        and (ii).
          [(2) Special review and revision.--Not later than 90 
        days after the Task Force makes a request to the 
        Secretary for a special review and revision for coastal 
        and inland waterways designated by the Task Force, the 
        Secretary shall--
                  [(A) conduct a special review of guidelines 
                and regulations applicable to those waterways 
                in accordance with the review procedures under 
                paragraph (1); and
                  [(B) as necessary, in the same manner as 
                provided under paragraph (1)(D)--
                          [(i) revise those guidelines;
                          [(ii) promulgate additional 
                        regulations pursuant to subsection 
                        (f)(1); or
                          [(iii) carry out each of clauses (i) 
                        and (ii).
          [(3) Criteria for effectiveness.--Not later than 18 
        months after the date of enactment of the National 
        Invasive Species Act of 1996, the Task Force shall 
        submit to the Secretary criteria for determining the 
        adequacy and effectiveness of the voluntary guidelines 
        issued under subsection (c).
  [(f) Authority of Secretary.--
          [(1) General regulations.--If, on the basis of a 
        periodic review conducted under subsection (e)(1) or a 
        special review conducted under subsection (e)(2), the 
        Secretary determines that--
                  [(A) the rate of effective compliance (as 
                determined by the Secretary) with the 
                guidelines issued pursuant to subsection (c) is 
                inadequate; or
                  [(B) the reporting by vessels pursuant to 
                those guidelines is not adequate for the 
                Secretary to assess the compliance with those 
                guidelines and provide a rate of compliance of 
                vessels, including the assessment of the rate 
                of compliance of vessels under subsection 
                (e)(2),
        the Secretary shall promptly promulgate regulations 
        that meet the requirements of paragraph (2).
          [(2) Requirements for regulations.--The regulations 
        promulgated by the Secretary under paragraph (1)--
                  [(A) shall--
                          [(i) not be promulgated sooner than 
                        180 days following the issuance of the 
                        report to Congress submitted pursuant 
                        to subsection (d);
                          [(ii) make mandatory the requirements 
                        included in the voluntary guidelines 
                        issued under subsection (c); and
                          [(iii) provide for the enforcement of 
                        the regulations; and
                  [(B) may be regional in scope.
          [(3) International regulations.--The Secretary shall 
        revise regulations promulgated under this subsection to 
        the extent required to make such regulations consistent 
        with the treatment of a particular matter in any 
        international agreement, agreed to by the United 
        States, governing management of the transfer of 
        nonindigenous aquatic species by vessel.
  [(g) Sanctions.--
          [(1) Civil penalties.--Any person who violates a 
        regulation promulgated under subsection (b) or (f) 
        shall be liable for a civil penalty in an amount not to 
        exceed $25,000. Each day of a continuing violation 
        constitutes a separate violation. A vessel operated in 
        violation of the regulations is liable in rem for any 
        civil penalty assessed under this subsection for that 
        violation.
          [(2) Criminal penalties.--Any person who knowingly 
        violates the regulations promulgated under subsection 
        (b) or (f) is guilty of a class C felony.
          [(3) Revocation of clearance.--Upon request of the 
        Secretary, the Secretary of the Treasury shall withhold 
        or revoke the clearance of a vessel required by section 
        4197 of the Revised Statutes (46 U.S.C. App. 91), if 
        the owner or operator of that vessel is in violation of 
        the regulations issued under subsection (b) or (f).
          [(4) Exception to sanctions.--This subsection does 
        not apply to a failure to exchange ballast water if--
                  [(A) the master of a vessel, acting in good 
                faith, decides that the exchange of ballast 
                water will threaten the safety or stability of 
                the vessel, its crew, or its passengers; and
                  [(B) the recordkeeping and reporting 
                requirements of the Act are complied with.
  [(h) Coordination With Other Agencies.--In carrying out the 
programs under this section, the Secretary is encouraged to 
use, to the maximum extent practicable, the expertise, 
facilities, members, or personnel of established agencies and 
organizations that have routine contact with vessels, including 
the Animal and Plant Health Inspection Service of the 
Department of Agriculture, the National Cargo Bureau, port 
administrations, and ship pilots' associations.
  [(i) Consultation With Canada, Mexico, and Other Foreign 
Governments.--In developing the guidelines issued and 
regulations promulgated 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, in 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 nonindigenous species.
  [(j) International Cooperation.--The Secretary, in 
cooperation with 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 nonindigenous species.
  [(k) Safety Exemption.--
          [(1) Master discretion.--The master of a vessel is 
        not required to conduct a ballast water exchange if the 
        master decides that the exchange would threaten the 
        safety or stability of the vessel, its crew, or its 
        passengers because of adverse weather, vessel 
        architectural design, equipment failure, or any other 
        extraordinary conditions.
          [(2) Other requirements.--(A) In general.--Except as 
        provided in subparagraph (B), a vessel that does not 
        exchange ballast water on the high seas under paragraph 
        (1) shall not be restricted from discharging ballast 
        water in any harbor.
          [(B) Great lakes.--Subparagraph (A) shall not apply 
        in a case in which a vessel is subject to the 
        regulations issued by the Secretary under subsection 
        (b).
          [(3) Crude oil tanker ballast facility study.--(A) 
        Within 60 days of the date of enactment of this Act, 
        the Secretary of the department in which the Coast 
        Guard is operating, in consultation with the Under 
        Secretary of Commerce for Oceans and Atmosphere, 
        affected shoreside ballast water facility operators, 
        affected crude oil tanker operators, and interested 
        parties, shall initiate a study of the effectiveness of 
        existing shoreside ballast water facilities used by 
        crude oil tankers in the coastwise trade off Alaska in 
        preventing the introduction of nonindigenous aquatic 
        species into the waters off Alaska, as well as the cost 
        and feasibility of modifying such facilities to improve 
        such effectiveness.
          [(B) The study required under subparagraph (A) shall 
        be submitted to the Congress by no later than October 
        1, 1997.
  [(l) Non-discrimination.--The Secretary shall ensure that 
vessels registered outside of the United States do not receive 
more favorable treatment than vessels registered in the United 
States when the Secretary performs studies, reviews compliance, 
determines effectiveness, establishes requirements, or performs 
any other responsibilities under this Act.]

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--
                  (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.
          (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.--
                  (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 with the criteria described in 
                subparagraph (A) issued by the vessel's country 
                of registration in accordance with 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) 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) 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 aquatice 
                nuisance species if preliminary experiments 
                prior to installation of the technology aboard 
                the vessel demonstrate that the technology 
                removed or killed at least 98 percent of 
                organisms larger than 50 microns.
          (2) Guidance; 5-year usage.--
                  (A) Guidance.--Not later than one year after 
                the date of enactment of the Ballast Water 
                Treatment Act of 2007, 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 
                        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.--
                  (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--
                  (A) if the vessel operates exclusively--
                          (i) within the Great Lakes; 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) Marine sanctuaries and other prohibited areas.--A 
        vessel may not conduct ballast water exchange or 
        discharge ballast water under this subsection--
                  (A) within a national marine sanctuary 
                designated under of the National Marine 
                Sanctuaries Act (16 U.S.C. 1431 et seq.);
                  (B) 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
                  (C) in any other waters designated by the 
                Secretary, in consultation with the Under 
                Secretary and the Administrator.
          (9) Vessels without pumpable ballast water.--
                  (A) Applicability of requirements.--Ballast 
                water exchange requirements under this 
                subsection shall apply to vessels that are 
                equipped with ballast water tanks and that 
                enter a port of the United States without 
                pumpable ballast water.
                  (B) Regulations.--The Secretary shall issue 
                regulations, not later than 180 days after the 
                date of enactment of the Ballast Water 
                Treatment Act of 2007, that are intended to 
                minimize the introduction of nuisance species 
                from vessels that enter the navigable waters 
                without pumpable ballast water, including the 
                requirements that apply under subparagraph (A), 
                and that are at least as stringent as the 
                regulations in effect on the date of enactment 
                such Act.
                  (C) Application of existing regulations.--The 
                regulations issued by the Secretary under this 
                section, as such regulations were in effect on 
                the day before the date of enactment of the 
                Ballast Water Treatment Act of 2007, shall 
                continue to apply to vessels without pumpable 
                ballast water entering or operating on the 
                navigable waters until the earlier of--
                          (i) the date on which such vessels 
                        are required to conduct ballast water 
                        treatment, in accordance with the 
                        requirements of subsection (f); or
                          (ii) the effective date of final 
                        regulations required under this 
                        paragraph.
  (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 as may be specified in 
                regulations issued by the Secretary, after 
                consultation with other appropriate Federal 
                agencies as determined by the Secretary, 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 2007, 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.--Paragraph (1) 
        applies to a vessel to which this section applies 
        beginning on the date of the first dry-docking of the 
        vessel after December 31, 2008, but not later than 
        December 31, 2013.
          (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 shall issue 
        regulations establishing a process for such approval, 
        after consultation with the heads of other appropriate 
        Federal agencies as determined by the Secretary.
          (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) Requirement to review.--The Secretary 
                shall periodically conduct a review to 
                determine whether appropriate technologies are 
                available to achieve the standards set forth in 
                paragraph (1). In reviewing technologies under 
                this subparagraph, the Secretary, after 
                consultation with 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) Deadlines.--The Secretary shall--
                          (i) complete an initial review of 
                        technologies under subparagraph (A) 
                        within 12 months after the date of the 
                        enactment of the Ballast Water 
                        Treatment Act of 2007; and
                          (ii) carry out subsequent reviews of 
                        technologies under subparagraph (A) no 
                        later than 24 months after the date 
                        that the previous review was completed.
                  (C) Delay in scheduled application.--If the 
                Secretary determines, on the basis of the 
                initial review or any subsequent review 
                conducted under this paragraph, that compliance 
                with the standards set forth in paragraph (1) 
                is not feasible for any class of vessels, the 
                Secretary shall--
                          (i) delay the date on which such 
                        standards apply to that class of 
                        vessels for a period of not more than 
                        24 months; and
                          (ii) recommend action to ensure such 
                        compliance in accordance with the 
                        revised implementation schedule for 
                        that class of vessels by the date 
                        established under clause (i).
          (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 Secretary shall 
                complete review of ballast water treatment 
                standards in effect under this subsection to 
                determine, after consultation with the 
                Administrator and the heads of other 
                appropriate Federal agencies determined by 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 Secretary shall 
                revise, by regulation, the requirements of this 
                subsection as necessary.
                  (B) Application of adjusted standards.--In 
                the regulations, the Secretary 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 vessels.--
                  (A) Vessel list.--Not later than one year 
                after the date of enactment of the Ballast 
                Water Treatment Act of 2007, the Secretary 
                shall publish and regularly update a list of 
                vessels 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 an 
                area if the Secretary has determined through a 
                rulemaking proceeding, after consultation with 
                the Administrator and the heads of other 
                appropriate Federal agencies as determined by 
                the Secretary, 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 shall be 
                presumed not to pose a significant risk of 
                introducing aquatic nuisance species unless the 
                Secretary finds otherwise in a rulemaking 
                proceeding under subparagraph (A).
                  (C) Best practices.--The Secretary 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) Laboratories.--The Secretary may use any 
        Federal, non-Federal, or foreign laboratory that meets 
        standards established by the Secretary for the purpose 
        of evaluating and certifying ballast water treatment 
        technologies that meet the requirements of this 
        subsection.
          (12) Program to support the promulgation and 
        implementation of standards.--
                  (A) In general.--The Secretary, in 
                coordination with the Under Secretary, the Task 
                Force and other 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) Suspension of federal authorities.--Not 
                later than 90 days after the date on which a 
                State submits a program (or revision thereof) 
                under this paragraph, the Secretary shall 
                suspend its authorities under subsections (k) 
                and (l) in such State, unless the Secretary 
                determines that the State program does not meet 
                the requirements of this paragraph. If the 
                Secretary so determines, the Secretary shall 
                notify the State of any revisions or 
                modifications necessary to conform to such 
                requirements.
                  (D) 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.
                  (E) 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.
                  (F) 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.
          (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.
  (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) 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.
  (r) 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 
                2007, 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.
          (2) Transiting vessels.--Not later than 180 days 
        after the date of enactment of the Ballast Water 
        Treatment Act of 2007, 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.

SEC. 1102. NATIONAL BALLAST WATER MANAGEMENT INFORMATION.

  (a) * * *
  (b) Ecological and Ballast Water Discharge Surveys.--
          (1) Ecological surveys.--
                  (A) * * *
                  (B) Requirements for surveys.--In conducting 
                the surveys under this paragraph, the Task 
                Force shall, with respect to each such survey--
                          (i) * * *
                          (ii) provide an estimate of the 
                        effectiveness of ballast water 
                        management and other vessel management 
                        [guidelines issued and] regulations 
                        promulgated under this subtitle in 
                        abating invasions of aquatic nuisance 
                        species in the waters that are the 
                        subject of the survey.
          (2) Ballast water discharge surveys.--
                  (A) * * *
                  (B) Requirements for surveys.--In conducting 
                the surveys under this paragraph, the Secretary 
                shall--
                          (i) * * *
                          (ii) assess the effectiveness of 
                        [voluntary guidelines issued, and 
                        regulations promulgated,] regulations 
                        promulgated under this subtitle in 
                        altering ballast water discharge 
                        practices to reduce the probability of 
                        accidental introductions of aquatic 
                        nuisance species.

           *       *       *       *       *       *       *

  (c) Reports.--
          (1) Ballast exchange.--Not later than 18 months after 
        the date of enactment of this Act and prior to the 
        effective date of the regulations issued under [section 
        1101(b)] section 1101(a), the Task Force shall submit a 
        report to the Congress that presents the results of the 
        study required under subsection (a)(1) and makes 
        recommendations with respect to such regulations.

           *       *       *       *       *       *       *

  (f) National Ballast Information Clearinghouse.--
          (1) In general.--The Secretary shall develop and 
        maintain, in consultation and cooperation with the Task 
        Force and the Smithsonian Institution (acting through 
        the Smithsonian Environmental Research Center), a 
        clearinghouse of national data concerning--
                  (A) * * *
                  (B) compliance with the [guidelines issued 
                pursuant to section 1101(c)] regulations issued 
                pursuant to section 1101; and

           *       *       *       *       *       *       *

  (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 the enactment of the Ballast Water Treatment 
                Act of 2007; and
                  (B) a report on the results of the surveys 
                required under subparagraph (C) of paragraph 
                (1) upon completion of each demonstration 
                concerned.

[SEC. 1103. ARMED SERVICES BALLAST WATER PROGRAMS.

  [(a) Department of Defense Vessels.--Subject to operational 
conditions, the Secretary of Defense, in consultation with the 
Secretary, the Task Force, and the International Maritime 
Organization, shall implement a ballast water management 
program for seagoing vessels of the Department of Defense to 
minimize the risk of introduction of nonindigenous species from 
releases of ballast water.
  [(b) Coast Guard Vessels.--Subject to operational conditions, 
the Secretary, in consultation with the Task Force and the 
International Maritime Organization, shall implement a ballast 
water management program for seagoing vessels of the Coast 
Guard to minimize the risk of introduction of nonindigenous 
species from releases of ballast water.

[SEC. 1104. BALLAST WATER MANAGEMENT DEMONSTRATION PROGRAM.

  [(a) Technologies and Practices Defined.--For purposes of 
this section, the term ``technologies and practices'' means 
those technologies and practices that--
          [(1) may be retrofitted--
                  [(A) on existing vessels or incorporated in 
                new vessel designs; and
                  [(B) on existing land-based ballast water 
                treatment facilities;
          [(2) may be designed into new water treatment 
        facilities;
          [(3) are operationally practical;
          [(4) are safe for a vessel and crew;
          [(5) are environmentally sound;
          [(6) are cost-effective;
          [(7) a vessel operator is capable of monitoring; and
          [(8) are effective against a broad range of aquatic 
        nuisance species.
  [(b) Demonstration Program.--
          [(1) In general.--During the 18-month period 
        beginning on the date that funds are made available by 
        appropriations pursuant to section 1301(e), the 
        Secretary of the Interior and the Secretary of 
        Commerce, with the concurrence of and in cooperation 
        with the Secretary, shall conduct a ballast water 
        management demonstration program to demonstrate 
        technologies and practices to prevent aquatic 
        nonindigenous species from being introduced into and 
        spread through ballast water in the Great Lakes and 
        other waters of the United States.]

SEC. 1104. BALLAST WATER TREATMENT TECHNOLOGY EVALUATION AND 
                    DEMONSTRATION PROGRAMS.

  (a) Shipboard Technology Evaluation Program.--
          (1) In general.--The Secretary shall establish a 
        Shipboard Technology Evaluation Program to evaluate 
        alternative ballast water management methods aboard 
        vessels to prevent aquatic nuisance species from being 
        introduced into and spread through discharges of 
        ballast water in waters of the United States.
          (2) Location.--The installation and construction [of 
        the technologies and practices used in the 
        demonstration program] of alternative ballast water 
        management methods used in the program conducted under 
        this subsection shall be performed in the United 
        States.
          (3) Vessel selection.--In demonstrating [technologies 
        and practices on vessels under this subsection, the 
        Secretary of the Interior and the Secretary of 
        Commerce, shall--] ballast water treatment technologies 
        on vessels under this subsection, the Secretary shall--
                  (A) use only vessels that--
                          [(i) are approved by the Secretary;
                          [(ii) have ballast water systems 
                        conducive to testing aboard-vessel or 
                        land-based technologies and practices 
                        applicable to a significant number of 
                        merchant vessels; and]
                          (i) have ballast water systems 
                        conducive to testing aboard the vessel; 
                        and
                          [(iii)] (ii) are--
                                  (I)  * * *

           *       *       *       *       *       *       *

                  [(C) seek to use a variety of vessel types, 
                including vessels that--
                          [(i) call on ports in the United 
                        States and on the Great Lakes; and
                          [(ii) are operated along major coasts 
                        of the United States and inland 
                        waterways, including the San Francisco 
                        Bay and Chesapeake Bay.]
                  (C) seek to use a variety of vessel types.

           *       *       *       *       *       *       *

          [(4) Selection of technologies and practices.--In 
        selecting technologies and practices for demonstration 
        under this subsection, the Secretary of the Interior 
        and the Secretary of Commerce shall give priority 
        consideration to technologies and practices identified 
        as promising by the National Research Council Marine 
        Board of the National Academy of Sciences in its report 
        on ships' ballast water operations issued in July 
        1996.]
          (4) Selection of alternative ballast water management 
        methods.--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
                  (G) accessible to monitoring.

           *       *       *       *       *       *       *

          (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.
  (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.
  [(c)] (d) Authorities; Consultation and Cooperation With 
International Maritime Organization and Task Force.--
          (1) Authorities.--In conducting the demonstration 
        program under subsection (b), the [Secretary of the 
        Interior] Secretary, in consultation with the Under 
        Secretary, may--
                  (A) * * *

           *       *       *       *       *       *       *

          (2) Consultation and cooperation.--The [Secretary of 
        the Interior] Secretary, in consultation with the Under 
        Secretary, shall consult and cooperate with the 
        International Maritime Organization and the Task Force 
        in carrying out this section.

           *       *       *       *       *       *       *


    Subtitle C--Prevention and Control of Aquatic Nuisance Species 
Dispersal

           *       *       *       *       *       *       *


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.

              Subtitle D--Authorizations of Appropriation

SEC. 1301. AUTHORIZATIONS.

  (a) Prevention of Unintentional Introductions.--There are 
authorized to be appropriated to develop and implement the 
provisions of subtitle B--
          (1) * * *

           *       *       *       *       *       *       *

          (4) for each of fiscal years 1997 through 2002, to 
        carry out paragraphs (1) and (2) of section 1102(b)--
                  (A) * * *
                  (B) $1,000,000 to the Secretary; [and]
          (5) for each of fiscal years 1997 through 2002--
                  (A) * * *
                  (B) $500,000 to the Secretary to carry out 
                section 1102(f)[.];
          (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).

           *       *       *       *       *       *       *


                            ADDITIONAL VIEWS

    The Republican Members of the House Homeland Security 
Committee are pleased that the Committee on Homeland Security 
met to participate on H.R. 2830, to authorize the important 
homeland security mission of the Coast Guard. As the Committee 
of primary jurisdiction over the Department of Homeland 
Security, of which the Coast Guard is a sizeable component 
accounting for over 20% of the Department's employees, 
receiving only a secondary referral is an example of the 
inefficient and disjointed Congressional jurisdiction that 
exists with respect to the Department of Homeland Security. The 
Coast Guard plays a critical role in providing security to the 
Nation's critical ports, coasts and waterways and is a central 
part of the Department's homeland security mission. Given the 
prominent position held by the Coast Guard with respect to the 
mission of the Department, it is unfortunate that the Committee 
on Homeland Security has only a limited role in authorizing 
U.S. Coast Guard activities. Despite this limited role, 
Republican Members of the Committee added many crucial 
provisions to strengthen the overall bill.

                        Republican Improvements

    Republican Members provided clear authorities and direction 
regarding the security of the Nation's critical ports and 
waterways including the security of liquefied natural gas 
tankers and regasifying facilities, insisting on smart, risk-
based approaches that have come to define this Committee. We 
support crucial legal authorities to enable the Coast Guard to 
effectively prosecute those suspected of smuggling illegal 
migrants on to our shores. Under Title VI of the bill, migrant 
smugglers will face real consequences for engaging in the often 
deadly crime of trafficking humans. Language identical to Title 
VI of H.R. 2830 was included in H.R. 1684 the DHS FY08 
Authorization Bill, by Committee Republicans only to be 
stripped on the House floor.
    Representative Tom Davis included an important provision 
which restores the Coast Guard's Deepwater program to the 
FY2007 appropriated level of $1.066 billion and requires much 
needed accountability by incorporating programmatic 
restructuring and reporting requirements to ensure proper 
Congressional oversight. The Committee has heard multiple 
accounts of Coast Guard ships failing, at times literally 
falling apart. The men and women of the Coast Guard are being 
asked to do more than ever in a post-9/11 environment and they 
deserve the right resources to enable their success. This 
provision is of great importance considering the number of 
aging and decrepit assets upon which the Coast Guard currently 
depends. This year the Coast Guard finally decommissioned the 
Coast Guard Cutter STORIS, a few months shy of her 66th 
birthday. Among the 41 modern day navies and coast guards in 
the world, the U.S. Coast Guard is the 39th oldest.
    Representative Christopher Shays included an important 
amendment directing the Secretary of Homeland Security to 
require the operators of cruise ships to report security 
incidents which involve U.S. persons. Each year violent crimes 
and sexual assaults go unreported aboard these ships. This 
provision ensures that prior to a cruise ship's arrival in 
port, the proper authorities are notified and can be in place 
to board the ship at sea or upon its arrival.
    Representative Dave Reichert's additions included a 
provision which authorizes the Coast Guard's America's Waterway 
Watch program to provide education and outreach to the private 
sector and private citizens encouraging them to watch for and 
report suspicious or unusual activities. A proactive citizenry 
is a critical tool in the War on Terror. Mr. Reichert also 
included a provision authorizing a pilot program for the Coast 
Guard to develop a radiological/nuclear detection capabilities 
in port environments. Expanding our Nation's ability to 
identify a radiological or nuclear threat is critical to a 
layered security system. With 95% of the Nation's imports 
arriving at our ports annually, the necessity for additional 
nuclear and radiological monitoring is obvious. Finally, Mr. 
Reichert authored a provision which authorizes the Coast Guard 
to create at least two maritime security response teams which 
act as the elite tactical counter-terrorism units for the Coast 
Guard. The Coast Guard currently has only one such unit based 
on the East Coast responsible for Nation-wide coverage. Such an 
approach is shortsighted given the inherent urgency with the 
operational deployment of these teams. We encourage the Coast 
Guard to immediately resource, train, and deploy this new unit.
    Representative Mike Rogers (AL) included a provision 
authorizing additional use of highly trained canine teams that 
can be used by the Coast Guard to further their homeland 
security missions of port security. The Coast Guard currently 
has only 18 canine detection teams which can detect drugs or 
explosives (but not both). These 18 canine teams are 
insufficient to provide adequate coverage for 361 ports. Both 
drug dealers and terrorists are adapting their techniques to 
counter our detection capabilities. Expanding the number of 
canine detection teams improves the Coast Guard's ability to 
identify otherwise concealed threats to the homeland.
    Representative Gus M. Bilirakis included a provision 
authorizing the Coast Guard to conduct a pilot program to 
collect the biometric information of persons interdicted at sea 
under suspicion of terrorism, human smuggling, or drug 
smuggling and will improve maritime border security. The Coast 
Guard is directed to develop the equipment needs for this pilot 
program and to evaluate the costs and feasibility of expanding 
the program to all deployable Coast Guard assets. The Coast 
Guard is encouraged to utilize this technology to identify 
repeat offenders of immigration laws, fugitives from justice, 
and to coordinate access to Department of Defense and 
Department of State databases to identify would-be terrorists 
trying to infiltrate our maritime borders.

                                   Peter T. King.
                                   Christopher Shays.
                                   Mark Souder.
                                   Tom Davis.
                                   Daniel Lungren.
                                   David Reichert.
                                   Michael T. McCaul.
                                   Ginny Brown-Waite.
                                   Gus M. Bilirakis.
                                   David Davis.
                                   Paul C. Broun.

              ADDITIONAL VIEWS OF CONGRESSMAN LAMAR SMITH

    Along with the other Republican Members of the House 
Homeland Security Committee, I am pleased that the Committee on 
Homeland Security met to mark up H.R. 2830, to authorize the 
important homeland security mission of the Coast Guard. I 
support many of the provisions in this bill, especially the 
added authority in Title VI to combat alien smuggling. I would 
note, however, that the Committee on the Judiciary has 
jurisdiction over the provisions in Title VI that add new 
prohibitions and penalties for alien smuggling. The Judiciary 
Committee has sought a sequential referral on H.R. 2830, and I 
fully support granting Judiciary the opportunity to consider 
the provisions over which it has jurisdiction.

                                                       Lamar Smith.

                                  
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