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S 1892 IS

110th CONGRESS1stRSCommentsClose CommentsPermalink

2d

Session S. 1892

To reauthorize the Coast Guard for fiscal year 2008, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATES

July 26, 2007

Ms. CANTWELL (for herself, Ms. SNOWE, Mr. INOUYE, Mr. STEVENS, Mr. LAUTENBERG, and Mr. LOTT) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationCommentsClose CommentsPermalink

A BILL

To reauthorize the Coast Guard for fiscal year 2008, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Coast Guard Authorization Act for Fiscal Year 2008'.CommentsClose CommentsPermalink

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title.CommentsClose CommentsPermalink





Sec. 2. Table of contents.CommentsClose CommentsPermalink

TITLE I--AUTHORIZATIONS

Sec. 101. Authorization of appropriations.CommentsClose CommentsPermalink





Sec. 102. Authorized levels of military strength and training.CommentsClose CommentsPermalink





Sec. 103. Web-based risk management data system.CommentsClose CommentsPermalink

TITLE II--ORGANIZATION

Sec. 201. Vice commandant; vice admirals.CommentsClose CommentsPermalink





Sec. 202. Merchant Mariner Medical Advisory Committee.CommentsClose CommentsPermalink





Sec. 203. Authority to distribute funds through grants, cooperative agreements, and contracts to maritime authorities and organizations.CommentsClose CommentsPermalink





Sec. 204. Assistance to foreign governments and maritime authorities;CommentsClose CommentsPermalink

TITLE III--PERSONNEL

Sec. 301. Emergency leave retention authority.CommentsClose CommentsPermalink





Sec. 302. Legal assistance for Coast Guard reservists.CommentsClose CommentsPermalink





Sec. 303. Reimbursement for certain medical-related travel expenses.CommentsClose CommentsPermalink





Sec. 304. Number and distribution of commissioned officers on the active duty promotion list.CommentsClose CommentsPermalink





Sec. 305. Reserve commissioned warrant officer to lieutenant program.CommentsClose CommentsPermalink





Sec. 306. Enhanced status quo officer promotion system.CommentsClose CommentsPermalink





Sec. 307. Appointment of civilian Coast Guard judges.CommentsClose CommentsPermalink





Sec. 308. Coast Guard Participation in the Armed Forces Retirement Home (AFRH) System.CommentsClose CommentsPermalink

TITLE IV--ADMINISTRATION

Sec. 401. Cooperative Agreements for Industrial Activities.CommentsClose CommentsPermalink





Sec. 402. Defining Coast Guard vessels and aircraft.CommentsClose CommentsPermalink





Sec. 403. Specialized industrial facilities.CommentsClose CommentsPermalink





Sec. 404. Authority to construct Coast Guard recreational facilities.CommentsClose CommentsPermalink

TITLE V--SHIPPING AND NAVIGATION

Sec. 501. Technical amendments to chapter 313 of title 46, United States Code.CommentsClose CommentsPermalink





Sec. 502. Clarification of rulemaking authority.CommentsClose CommentsPermalink





Sec. 503. Coast Guard to maintain LORAN-C navigation system.CommentsClose CommentsPermalink





Sec. 504. Nantucket Sound ship channel weather buoy.CommentsClose CommentsPermalink





Sec. 505. Limitation on maritime liens on fishing permits.CommentsClose CommentsPermalink





Sec. 506. Vessel rebuild determinations.CommentsClose CommentsPermalink

TITLE VI--MARITIME LAW ENFORCEMENT

Sec. 601. Maritime law enforcement.CommentsClose CommentsPermalink

TITLE VII--OIL POLLUTION PREVENTION

Sec. 701. Rulemakings.CommentsClose CommentsPermalink





Sec. 702. Oil spill response capability.CommentsClose CommentsPermalink





Sec. 703. Oil transfers from vessels.CommentsClose CommentsPermalink





Sec. 704. Improvements to reduce human error and near-miss incidents.CommentsClose CommentsPermalink





Sec. 705. Olympic Coast National Marine Sanctuary.CommentsClose CommentsPermalink





Sec. 706. Prevention of small oil spills.CommentsClose CommentsPermalink





Sec. 707. Improved coordination with tribal governments.CommentsClose CommentsPermalink





Sec. 708. Report on the availability of technology to detect the loss of oil.CommentsClose CommentsPermalink





Sec. 709. Use of oil spill liability trust fund.CommentsClose CommentsPermalink





Sec. 710. International efforts on enforcement.CommentsClose CommentsPermalink





Sec. 711. Grant project for development of cost-effective detection technologies.CommentsClose CommentsPermalink





Sec. 712. Higher volume port area regulatory definition change.CommentsClose CommentsPermalink





Sec. 713. Response tugs.CommentsClose CommentsPermalink





Sec. 714. Tug escorts for laden oil tankers.CommentsClose CommentsPermalink





Sec. 715. Extension of financial responsibility.CommentsClose CommentsPermalink





Sec. 716. Vessel traffic risk assessments.CommentsClose CommentsPermalink





Sec. 717. Oil spill liability trust fund investment amount.CommentsClose CommentsPermalink





Sec. 718. Liability for use of unsafe single-hull vessels.CommentsClose CommentsPermalink

TITLE VIII--MARITIME HAZARDOUS CARGO SECURITY

Sec. 801. International committee for the safe and secure transportation of especially hazardous cargo.CommentsClose CommentsPermalink





Sec. 802. Validation of compliance with ISPFC standards.CommentsClose CommentsPermalink





Sec. 803. Safety and security assistance for foreign ports.CommentsClose CommentsPermalink





Sec. 804. Coast Guard port assistance program.CommentsClose CommentsPermalink





Sec. 805. EHC facility risk-based cost sharing.CommentsClose CommentsPermalink





Sec. 806. Transportation security incident mitigation plan.CommentsClose CommentsPermalink





Sec. 807. Incident command system training.CommentsClose CommentsPermalink





Sec. 808. Pre-positioning interoperable communications equipment at interagency operational centers.CommentsClose CommentsPermalink





Sec. 809. Definitions.CommentsClose CommentsPermalink

TITLE IX--MISCELLANEOUS PROVISIONS

Sec. 901. Marine mammals and sea turtles report.CommentsClose CommentsPermalink





Sec. 902. Umpqua lighthouse land conveyance.CommentsClose CommentsPermalink





Sec. 903. Lands to be held in trust.CommentsClose CommentsPermalink





Sec. 904. Data.CommentsClose CommentsPermalink





Sec. 905. Extension.CommentsClose CommentsPermalink





Sec. 906. Forward operating facility.CommentsClose CommentsPermalink





Sec. 907. Enclosed hangar at Air Station Barbers Point, Hawaii.CommentsClose CommentsPermalink





Sec. 908. Conveyance of decommissioned Coast Guard Cutter STORIS.CommentsClose CommentsPermalink





Sec. 909. Conveyance of the Presque Isle Light Station Fresnel Lens to Presque Isle Township, Michigan.CommentsClose CommentsPermalink





Sec. 910. Repeals.CommentsClose CommentsPermalink





Sec. 911. Report on ship traffic.CommentsClose CommentsPermalink





Sec. 912. Small vessel exception from definition of fish processing vessel.CommentsClose CommentsPermalink





Sec. 913. Right of first refusal for Coast Guard property on Jupiter Island, Florida.CommentsClose CommentsPermalink





Sec. 914. Ship disposal working group.CommentsClose CommentsPermalink





Sec. 915. Full multi-mission response station in Valdez, Alaska.CommentsClose CommentsPermalink





Sec. 916. Protection and fair treatment of seafarers.CommentsClose CommentsPermalink





Sec. 917. Icebreakers.CommentsClose CommentsPermalink





Sec. 918. Fur Seal Act authorization.CommentsClose CommentsPermalink





Sec. 919. Study of relocation of Coast Guard Sector Buffalo facilities.CommentsClose CommentsPermalink





Sec. 920. Conveyance of Point No Point historic lighthouse to Kitsap County, Washington. CommentsClose CommentsPermalink





Sec. 921. Facility security plans. CommentsClose CommentsPermalink





Sec. 922. Class action suits for crew wages on passenger vessels; deposit of seaman's wages. CommentsClose CommentsPermalink





[Struck out->]Sec. 920.[<-Struck out] Sec. 923. Inspector General report on Coast Guard dive program.CommentsClose CommentsPermalink

TITLE X--VESSEL CONVEYANCE

TITLE I--AUTHORIZATIONS

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

Funds are authorized to be appropriated for necessary expenses of the Coast Guard for fiscal year 2008 as follows:CommentsClose CommentsPermalink





(1) For the operation and maintenance of the Coast Guard, $5,894,295,000, of which $24,500,000 is authorized to be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990.CommentsClose CommentsPermalink





(2) For the acquisition, construction, renovation, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft, including equipment related thereto, $998,068,000, of which $20,000,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990, to remain available until expended; such funds appropriated for personnel compensation and benefits and related costs of acquisition, construction, and improvements shall be available for procurement of services necessary to carry out the Integrated Deepwater Systems program.CommentsClose CommentsPermalink





(3) For retired pay (including the payment of obligations otherwise chargeable to lapsed appropriations for this purpose), payments under the Retired Serviceman's Family Protection and Survivor Benefit Plans, and payments for medical care of retired personnel and their dependents under chapter 55 of title 10, United States Code, $1,184,720,000.CommentsClose CommentsPermalink





(4) For environmental compliance and restoration functions under chapter 19 of title 14, United States Code, $12,079,000.CommentsClose CommentsPermalink





(5) For research, development, test, and evaluation programs related to maritime technology, $17,583,000.CommentsClose CommentsPermalink





(6) For operation and maintenance of the Coast Guard reserve program, $126,883,000.CommentsClose CommentsPermalink





(7) For the construction of a new Chelsea Street Bridge in Chelsea, Massachusetts, $3,000,000.CommentsClose CommentsPermalink

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

(a) ACTIVE DUTY STRENGTH- The Coast Guard is authorized an end-of-year strength of active duty personnel of 45,500 as of September 30, 2008.CommentsClose CommentsPermalink





(b) MILITARY TRAINING STUDENT LOADS- For fiscal year 2008, the Coast Guard is authorized average military training student loads as follows:CommentsClose CommentsPermalink





(1) For recruit and special training, 2,500 student years.CommentsClose CommentsPermalink





(2) For flight training, 165 student years.CommentsClose CommentsPermalink





(3) For professional training in military and civilian institutions, 350 student years.CommentsClose CommentsPermalink





(4) For officer acquisition, 1,200 student years.CommentsClose CommentsPermalink

SEC. 103. WEB-BASED RISK MANAGEMENT DATA SYSTEM.

(a) IN GENERAL- There are authorized to be appropriated $1,000,000 for each of fiscal years 2008 and 2009 to the Secretary of the department in which the Coast Guard is operating to continue deployment of a World Wide Web-based risk management system to help reduce accidents and fatalities.CommentsClose CommentsPermalink





(b) IMPLEMENTATION STATUS REPORT- Within 90 days after the date of enactment of this Act, the Commandant of the Coast Guard shall submit a report to the Senate Committee on Commerce, Science, and Transportation on the status of implementation of the system.CommentsClose CommentsPermalink

TITLE II--ORGANIZATION

SEC. 201. VICE COMMANDANT; VICE ADMIRALS.

(a) VICE COMMANDANT- The fourth sentence of section 47 of title 14, United States Code, is amended by striking `vice admiral' and inserting `admiral'.CommentsClose CommentsPermalink





(b) VICE ADMIRALS- Section 50 of such title is amended to read as follows:CommentsClose CommentsPermalink

`Sec. 50. Vice admirals

`(a)(1) The President may designate no more than 4 positions of importance and responsibility that shall be held by officers who--CommentsClose CommentsPermalink





`(A) while so serving, shall have the grade of vice admiral, with the pay and allowances of that grade; andCommentsClose CommentsPermalink





`(B) shall perform such duties as the Commandant may prescribe.CommentsClose CommentsPermalink





`(2) The President may appoint, by and with the advice and consent of the Senate, and reappoint, by and with the advice and consent of the Senate, to any such position an officer of the Coast Guard who is serving on active duty above the grade of captain. The Commandant shall make recommendations for such appointments.CommentsClose CommentsPermalink





`(b)(1) The appointment and the grade of vice admiral shall be effective on the date the officer assumes that duty and, except as provided in paragraph (2) of this subsection or in section 51(d) of this title, shall terminate on the date the officer is detached from that duty.CommentsClose CommentsPermalink





`(2) An officer who is appointed to a position designated under subsection (a) shall continue to hold the grade of vice admiral--CommentsClose CommentsPermalink





`(A) while under orders transferring the officer to another position designated under subsection (a), beginning on the date the officer is detached from that duty and terminating on the date before the day the officer assumes the subsequent duty, but not for more than 60 days;CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(c)(1) An appointment of an officer under subsection (a) does not vacate the permanent grade held by the officer.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(d) Whenever a vacancy occurs in a position designated under subsection (a), the Commandant shall inform the President of the qualifications needed by an officer serving in that position or office to carry out effectively the duties and responsibilities of that position or office.'.CommentsClose CommentsPermalink





(c) REPEAL- Section 50a of such title is repealed.CommentsClose CommentsPermalink





(d) CONFORMING AMENDMENTS- Section 51 of such title is amended--CommentsClose CommentsPermalink





(1) by striking subsections (a), (b), and (c) and inserting the following:CommentsClose CommentsPermalink





`(a) An officer, other than the Commandant, who, while serving in the grade of admiral or vice admiral, is retired for physical disability shall be placed on the retired list with the highest grade in which that officer served.CommentsClose CommentsPermalink





`(b) An officer, other than the Commandant, who is retired while serving in the grade of admiral or vice admiral, or who, after serving at least 2 1/2 years in the grade of admiral or vice admiral, is retired while serving in a lower grade, may in the discretion of the President, be retired with the highest grade in which that officer served.CommentsClose CommentsPermalink





`(c) An officer, other than the Commandant, who, after serving less than 2 1/2 years in the grade of admiral or vice admiral, is retired while serving in a lower grade, shall be retired in his permanent grade.'; andCommentsClose CommentsPermalink





(2) by striking `Area Commander, or Chief of Staff' in subsection (d)(2) and inserting `or Vice Admiral'.CommentsClose CommentsPermalink





(e) CLERICAL AMENDMENTS-CommentsClose CommentsPermalink





(1) The section caption for section 47 of such title is amended to read as follows:CommentsClose CommentsPermalink

`Sec. 47. Vice commandant; appointment'.

(2) The chapter analysis for chapter 3 of such title is amended--CommentsClose CommentsPermalink





(A) by striking the item relating to section 47 and inserting the following:CommentsClose CommentsPermalink





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





(B) by striking the item relating to section 50a; andCommentsClose CommentsPermalink





(C) by striking the item relating to section 50 and inserting the following:CommentsClose CommentsPermalink





`50. Vice admirals.'.CommentsClose CommentsPermalink





(f) TECHNICAL CORRECTION- Section 47 of such title is further amended by striking `subsection' in the fifth sentence and inserting `section'.CommentsClose CommentsPermalink

SEC. 202. MERCHANT MARINER MEDICAL ADVISORY COMMITTEE.

(a) IN GENERAL- Chapter 3 of title 14, United States Code, is amended by adding at the end the following new section:CommentsClose CommentsPermalink

`Sec. 55. Merchant Mariner Medical Advisory Committee

`(a) Establishment; Membership; Status-CommentsClose CommentsPermalink





`(1) There is established a Merchant Mariner Medical Advisory Committee.CommentsClose CommentsPermalink





`(2) The Committee shall consist of 12 members, none of whom shall be a Federal employee--CommentsClose CommentsPermalink





`(A) 10 of whom shall be health-care professionals with particular expertise, knowledge, or experience regarding the medical examinations of merchant mariners or occupational medicine; andCommentsClose CommentsPermalink





`(B) 2 of whom shall be professional mariners with knowledge and experience in mariner occupational requirements.CommentsClose CommentsPermalink





`(3) Members of the Committee shall not be considered Federal employees or otherwise in the service or the employment of the Federal Government, except that members shall be considered special Government employees, as defined in section 202(a) of title 18 and any administrative standards of conduct applicable to the employees of the department in which the Coast Guard is operating.CommentsClose CommentsPermalink





`(b) Appointments; Terms; Vacancies; Organization-CommentsClose CommentsPermalink





`(1) The Secretary shall appoint the members of the Committee, and each member shall serve at the pleasure of the Secretary.CommentsClose CommentsPermalink





`(2) The members shall be appointed for a term of 3 years, except that, of the members first appointed, 3 members shall be appointed for a term of 2 years and 3 members shall be appointed for a term of 1 year.CommentsClose CommentsPermalink





`(3) Any member appointed to fill the vacancy prior to the expiration of the term for which such member's predecessor was appointed shall be appointed for the remainder of such term.CommentsClose CommentsPermalink





`(4) The Secretary shall designate 1 member as the Chairman and 1 member as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman.CommentsClose CommentsPermalink





`(5) No later than 6 months after the date of enactment of the Coast Guard Authorization Act for Fiscal Year 2008, the Committee shall hold its first meeting.CommentsClose CommentsPermalink





`(c) FUNCTION- The Committee shall advise the Secretary on matters relating to--CommentsClose CommentsPermalink





`(1) medical certification determinations for issuance of merchant mariner credentials;CommentsClose CommentsPermalink





`(2) medical standards and guidelines for the physical qualifications of operators of commercial vessels;CommentsClose CommentsPermalink





`(3) medical examiner education; andCommentsClose CommentsPermalink





`(4) medical research.CommentsClose CommentsPermalink





`(d) COMPENSATION; REIMBURSEMENT- Members of the Committee shall serve without compensation, except that, while engaged in the performance of duties away from their homes or regular places of business of the member, the member of the Committee may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5.CommentsClose CommentsPermalink





`(e) STAFF; SERVICES- The Secretary shall furnish to the Committee such personnel and services as are considered necessary for the conduct of its business.'.CommentsClose CommentsPermalink





(b) CLERICAL AMENDMENT- The analysis for chapter 3 of such title is amended by adding at the end the following:CommentsClose CommentsPermalink





`55. Merchant Mariner Medical Advisory Committee.'.CommentsClose CommentsPermalink

SEC. 203. AUTHORITY TO DISTRIBUTE FUNDS THROUGH GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS TO MARITIME AUTHORITIES AND ORGANIZATIONS.

Section 149 of title 14, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





`(c) GRANTS TO INTERNATIONAL MARITIME ORGANIZATIONS- The Commandant may, after consultation with the Secretary of State, make grants to, or enter into cooperative agreements, contracts, or other agreements with, international maritime organizations for the purpose of acquiring information or data about merchant vessel inspections, security, safety and environmental requirements, classification, and port state or flag state law enforcement or oversight.'.CommentsClose CommentsPermalink

SEC. 204. ASSISTANCE TO FOREIGN GOVERNMENTS AND MARITIME AUTHORITIES.

Section 149 of title 14, United States Code, isas amended by section 203, is further amended by adding at the end the following:CommentsClose CommentsPermalink





`(d) Authorized Activities-CommentsClose CommentsPermalink





`(1) The Commandant may transfer or expend funds from any appropriation available to the Coast Guard for--CommentsClose CommentsPermalink





`(A) the activities of traveling contact teams, including any transportation expense, translation services expense, or administrative expense that is related to such activities;CommentsClose CommentsPermalink





`(B) the activities of maritime authority liaison teams of foreign governments making reciprocal visits to Coast Guard units, including any transportation expense, translation services expense, or administrative expense that is related to such activities;CommentsClose CommentsPermalink





`(C) seminars and conferences involving members of maritime authorities of foreign governments;CommentsClose CommentsPermalink





`(D) distribution of publications pertinent to engagement with maritime authorities of foreign governments; andCommentsClose CommentsPermalink





`(E) personnel expenses for Coast Guard civilian and military personnel to the extent that those expenses relate to participation in an activity described in subparagraph (C) or (D).CommentsClose CommentsPermalink





`(2) An activity may not be conducted under this subsection with a foreign country unless the Secretary of State approves the conduct of such activity in that foreign country.'.CommentsClose CommentsPermalink

TITLE III--PERSONNEL

SEC. 301. EMERGENCY LEAVE RETENTION AUTHORITY.

Section 701(f)(2) of title 10, United States Code, is amended by inserting `or a declaration of a major disaster or emergency by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 93-288, 42 U.S.C. 5121 et seq.)' after `operation'.CommentsClose CommentsPermalink

SEC. 302. LEGAL ASSISTANCE FOR COAST GUARD RESERVISTS.

Section 1044(a)(4) of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking `(as determined by the Secretary of Defense),' and inserting `(as determined by the Secretary of Defense and the Secretary of the department in which the Coast Guard is operating, with respect to the Coast Guard when it is not operating as a service of the Navy),'; andCommentsClose CommentsPermalink





(2) by striking `prescribed by the Secretary of Defense,' and inserting `prescribed by Secretary of Defense and the Secretary of the department in which the Coast Guard is operating, with respect to the Coast Guard when it is not operating as a service of the Navy,'.CommentsClose CommentsPermalink

SEC. 303. REIMBURSEMENT FOR CERTAIN MEDICAL-RELATED TRAVEL EXPENSES.

Section 1074i(a) of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking `IN GENERAL- In' and inserting `IN GENERAL- (1) In'; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





`(2) In any case in which a covered beneficiary resides on an INCONUS island that lacks public access roads to the mainland and is referred by a primary care physician to a specialty care provider on the mainland who provides services less than 100 miles from the location in which the beneficiary resides, the Secretary shall reimburse the reasonable travel expenses of the covered beneficiary, and, when accompaniment by an adult is necessary, for a parent or guardian of the covered beneficiary or another member of the covered beneficiary's family who is at least 21 years of age.'.CommentsClose CommentsPermalink

SEC. 304. NUMBER AND DISTRIBUTION OF COMMISSIONED OFFICERS ON THE ACTIVE DUTY PROMOTION LIST.

(a) IN GENERAL- Section 42 of title 14, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking subsections (a), (b), and (c) and inserting the following:CommentsClose CommentsPermalink





`(a) The total number of Coast Guard commissioned officers on the active duty promotion list, excluding warrant officers, shall not exceed 6,700. This total number may be temporarily increased up to 2 percent for no more than the 60 days that follow the commissioning of a Coast Guard Academy class.CommentsClose CommentsPermalink





`(b) The total number of commissioned officers authorized by this section shall be distributed in grade not to exceed the following percentages:CommentsClose CommentsPermalink





`(1) 0.375 percent for rear admiral.CommentsClose CommentsPermalink





`(2) 0.375 percent for rear admiral (lower half).CommentsClose CommentsPermalink





`(3) 6.0 percent for captain.CommentsClose CommentsPermalink





`(4) 15.0 percent for commander.CommentsClose CommentsPermalink





`(5) 22.0 percent for lieutenant commander.CommentsClose CommentsPermalink





The Secretary shall prescribe the percentages applicable to the grades of lieutenant, lieutenant (junior grade), and ensign. The Secretary may, as the needs of the Coast Guard require, reduce any of the percentages set forth in paragraphs (1) through (5) and apply that total percentage reduction to any other lower grade or combination of lower grades.CommentsClose CommentsPermalink





`(c) The Secretary shall, at least once a year, compute the total number of commissioned officers authorized to serve in each grade by applying the grade distribution percentages of this section to the total number of commissioned officers listed on the current active duty promotion list. In making such calculations, any fraction shall be rounded to the nearest whole number. The number of commissioned officers on the active duty promotion list serving with other departments or agencies on a reimbursable basis or excluded under the provisions of section 324(d) of title 49, shall not be counted against the total number of commissioned officers authorized to serve in each grade.';CommentsClose CommentsPermalink





(2) by striking subsection (e) and inserting the following:CommentsClose CommentsPermalink





`(e) The number of officers authorized to be serving on active duty in each grade of the permanent commissioned teaching staff of the Coast Guard Academy and of the Reserve serving in connection with organizing, administering, recruiting, instructing, or training the reserve components shall be prescribed by the Secretary.'; andCommentsClose CommentsPermalink





(3) by striking the caption of such section and inserting the following:CommentsClose CommentsPermalink

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

(b) CLERICAL AMENDMENT- The chapter analysis for chapter 3 of such title is amended by striking the item relating to section 42 and inserting the following:CommentsClose CommentsPermalink





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

SEC. 305. RESERVE COMMISSIONED WARRANT OFFICER TO LIEUTENANT PROGRAM.

Section 214(a) of title 14, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





`(a) The President may appoint temporary commissioned officers--CommentsClose CommentsPermalink





`(1) in the Regular Coast Guard in a grade, not above lieutenant, appropriate to their qualifications, experience, and length of service, as the needs of the Coast Guard may require, from among the commissioned warrant officers, warrant officers, and enlisted members of the Coast Guard, and from licensed officers of the United States merchant marine; andCommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink

SEC. 306. ENHANCED STATUS QUO OFFICER PROMOTION SYSTEM.

(a) Section 253(a) of title 14, United States Code, is amended--CommentsClose CommentsPermalink





(1) by inserting `and' after `considered,'; andCommentsClose CommentsPermalink





(2) by striking `consideration, and the number of officers the board may recommend for promotion' and inserting `consideration'.CommentsClose CommentsPermalink





(b) Section 258 of such title is amended--CommentsClose CommentsPermalink





(1) by inserting `(a)' before `The Secretary'; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





`(b) In addition to the information provided pursuant to subsection (a), the Secretary may furnish the selection board--CommentsClose CommentsPermalink





`(1) specific direction relating to the needs of the service for officers having particular skills, including direction relating to the need for a minimum number of officers with particular skills within a specialty; andCommentsClose CommentsPermalink





`(2) such other guidance that the Secretary believes may be necessary to enable the board to properly perform its functions.CommentsClose CommentsPermalink





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.'.CommentsClose CommentsPermalink





(c) Section 259(a) of such title is amended by striking `board' the second place it appears and inserting `board, giving due consideration to the needs of the service for officers with particular skills so noted in the specific direction furnished pursuant to section 258 of this title,'.CommentsClose CommentsPermalink





(d) Section 260(b) of such title is amended by inserting `to meet the needs of the service (as noted in the specific direction furnished the board under section 258 of this title)' after `qualified for promotion'.CommentsClose CommentsPermalink

SEC. 307. APPOINTMENT OF CIVILIAN COAST GUARD JUDGES.

Section 875 of the Homeland Security Act of 2002 (6 U.S.C. 455) is amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (c) as subsection (d); andCommentsClose CommentsPermalink





(2) by inserting after subsection (b) the following:CommentsClose CommentsPermalink





`(c) APPOINTMENT OF JUDGES- The Secretary may appoint civilian employees of the Department of Homeland Security as appellate military judges, available for assignment to the Coast Guard Court of Criminal Appeals as provided for in section 866(a) of title 10, United States Code.'.CommentsClose CommentsPermalink

SEC. 308. COAST GUARD PARTICIPATION IN THE ARMED FORCES RETIREMENT HOME SYSTEM.

(a) ELIGIBILITY UNDER THE ARMED FORCES RETIREMENT HOME ACT- Section 1502 of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 401) is amended--CommentsClose CommentsPermalink





(1) by striking `does not include the Coast Guard when it is not operating as a service of the Navy.' in paragraph (4) and inserting `has the meaning given such term in section 101(4) of title 10.';CommentsClose CommentsPermalink





(2) by striking `and' in paragraph (5)(C);CommentsClose CommentsPermalink





(3) by striking `Affairs.' in paragraph (5)(D) and inserting `Affairs; and';CommentsClose CommentsPermalink





(4) by adding at the end of paragraph (5) the following:CommentsClose CommentsPermalink





`(E) the Assistant Commandant of the Coast Guard for Human Resources.'; andCommentsClose CommentsPermalink





(5) by adding at the end of paragraph (6) the following:CommentsClose CommentsPermalink





`(E) The Master Chief Petty Officer of the Coast Guard.'.CommentsClose CommentsPermalink





(b) Deductions-CommentsClose CommentsPermalink





(1) Section 2772 of title 10, United States Code, is amended--CommentsClose CommentsPermalink





(A) by striking `of the military department' in subsection (a);CommentsClose CommentsPermalink





(B) by striking `Armed Forces Retirement Home Board' in subsection (b) and inserting `Chief Operating Officer of the Armed Forces Retirement Home'; andCommentsClose CommentsPermalink





(C) by striking subsection (c).CommentsClose CommentsPermalink





(2) Section 1007(i) of title 37, United States Code, is amended--CommentsClose CommentsPermalink





(A) by striking `Armed Forces Retirement Home Board,' in paragraph (3) and inserting `Chief Operating Officer of the Armed Forces Retirement Home,'; andCommentsClose CommentsPermalink





(B) by striking `does not include the Coast Guard when it is not operating as a service of the Navy.' in paragraph (4) and inserting `has the meaning given such term in section 101(4) of title 10.'.CommentsClose CommentsPermalink





(c) EFFECTIVE DATE- The amendments made by this section shall take effect on the first day of the first pay period beginning on or after January 1, 2008.CommentsClose CommentsPermalink

TITLE IV--ADMINISTRATION

SEC. 401. COOPERATIVE AGREEMENTS FOR INDUSTRIAL ACTIVITIES.

Section 151 of title 14, United States Code, is amended--CommentsClose CommentsPermalink





(1) by inserting `(a) IN GENERAL- ' before `All orders'; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





`(b) ORDERS AND AGREEMENTS FOR INDUSTRIAL ACTIVITIES- Under this section, the Coast Guard industrial activities may accept orders and enter into reimbursable agreements with establishments, agencies, and departments of the Department of Defense and the Department of Homeland Security.'.CommentsClose CommentsPermalink

SEC. 402. DEFINING COAST GUARD VESSELS AND AIRCRAFT.

(a) IN GENERAL- Chapter 17 of title 14, United States Code, is amended by inserting after section 638 the following new section:CommentsClose CommentsPermalink

`Sec. 638a. Coast Guard vessels and aircraft defined

`For the purposes of sections 637 and 638 of this title, the term Coast Guard vessels and aircraft means--CommentsClose CommentsPermalink





`(1) any vessel or aircraft owned, leased, transferred to, or operated by the Coast Guard and under the command of a Coast Guard member; and [Struck out->]and[<-Struck out] orCommentsClose CommentsPermalink





`(2) any other vessel or aircraft under the tactical control of the Coast Guard on which one or more members of the Coast Guard are assigned and conducting Coast Guard missions.'.CommentsClose CommentsPermalink





(b) CLERICAL AMENDMENT- The chapter analysis for chapter 17 of such title is amended by inserting after the item relating to section 638 the following:CommentsClose CommentsPermalink





`638a. Coast Guard vessels and aircraft defined.'.CommentsClose CommentsPermalink

SEC. 403. SPECIALIZED INDUSTRIAL FACILITIES.

(a) IN GENERAL- Section 648 of title 14, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking the section caption and inserting the following:CommentsClose CommentsPermalink

`Sec. 648. Specialized industrial facilities';

(2) by inserting `(a) IN GENERAL- ' before `The Secretary'; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





`(b) Public-private Partnerships or Other Cooperative Arrangements-CommentsClose CommentsPermalink





`(1) IN GENERAL- For purposes of entering into joint public-private partnerships or other cooperative arrangements for the performance of work to provide supplies or services for government use, the Coast Guard Yard, the Aviation Repair and Supply Center, or other similar Coast Guard industrial establishments may--CommentsClose CommentsPermalink





`(A) enter into agreements or other arrangements with public or private entities, foreign or domestic;CommentsClose CommentsPermalink





`(B) pursuant to contracts or other arrangements, receive and retain funds from, or pay funds to, such public or private entities; orCommentsClose CommentsPermalink





`(C) accept contributions of funds, materials, services, or the use of facilities from such public or private entities, subject to regulations promulgated by the Coast Guard.CommentsClose CommentsPermalink





`(2) ACCOUNTING FOR FUNDS RECEIVED- Amounts received under this subsection may be credited to the Coast Guard Yard Revolving Fund or other appropriate Coast Guard account.CommentsClose CommentsPermalink





`(3) REIMBURSEMENT- Any partnership, agreement, contract, or arrangement entered into under this section shall require the private entity to reimburse the Coast Guard for such entity's proportional share of the operating and capital costs of maintaining and operating such facility, as determined by the Commandant of the Coast Guard.CommentsClose CommentsPermalink





`(4) NONINTERFERENCE- No partnership, agreement, contract, or arrangement entered into under this section may interfere with the performance of any operational or support function of the Coast Guard industrial establishment.'.CommentsClose CommentsPermalink





(b) CLERICAL AMENDMENT- The chapter analysis for chapter 17 of such title is amended by striking item relating to section 648 and inserting the following:CommentsClose CommentsPermalink





`648. Specialized industrial facilities.'.CommentsClose CommentsPermalink

SEC. 404. AUTHORITY TO CONSTRUCT COAST GUARD RECREATIONAL FACILITIES.

(a) General Authority- Section 681 of title 14, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) by striking `housing or military unaccompanied housing' and inserting `housing, military unaccompanied housing, or Coast Guard recreational facilities,' and inserting `housing, military unaccompanied housing, or Coast Guard recreational facilities,'; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





`(3) Coast Guard recreational facilities.'; andCommentsClose CommentsPermalink





(2) by striking `housing or military unaccompanied housing' in subsection (b) and inserting `housing, military unaccompanied housing, or Coast Guard recreational facilities'.CommentsClose CommentsPermalink





(b) Direct Loans- Section 682 of such title is amended--CommentsClose CommentsPermalink





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





(2) by striking `housing.' in subsection (b)(1) and inserting `housing or facilities that the Secretary determines are suitable for use as Coast Guard recreational facilities'.CommentsClose CommentsPermalink





(c) Leasing of Housing To Be Constructed- Section 683(a) of such title is amended by striking `units or military unaccompanied housing units' and inserting `units, military unaccompanied housing units, or Coast Guard recreational facilities'.CommentsClose CommentsPermalink





(d) Limited Partnerships With Eligible Entities- Section 684 of such title is amended--CommentsClose CommentsPermalink





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





(2) by striking `construction of housing, means the total amount of the costs included in the basis of the housing' in subsection (b)(3) and inserting `construction of housing or facilities, means the total amount of the costs included in the basis of the housing or facilities'; andCommentsClose CommentsPermalink





(3) by inserting `or facilities' in subsection (c) after `housing units'.CommentsClose CommentsPermalink





(e) Deposit of Certain Amounts in Coast Guard Housing Fund- Section 687 of such title is amended--CommentsClose CommentsPermalink





(1) in subsection (b)--CommentsClose CommentsPermalink





(A) in paragraph (2), by striking `or unaccompanied housing' and inserting `housing or unaccompanied housing.' and inserting `housing, military unaccompanied housing, or Coast Guard recreational facilities.'; andCommentsClose CommentsPermalink





(B) in paragraph (3), by striking `and military unaccompanied housing' and inserting `.' and inserting `housing, military unaccompanied housing, and Coast Guard recreational facilities.'; andCommentsClose CommentsPermalink





(2) by striking `family and military unaccompanied housing units' in subsection (c)(1) and inserting `family, military unaccompanied housing units, and Coast Guard recreational facilities,'.CommentsClose CommentsPermalink





(f) Reports- Section 688 of such title is amended--CommentsClose CommentsPermalink





(1) by inserting after `housing units' in paragraph (1) the following: `or Coast Guard recreational facilities'; andCommentsClose CommentsPermalink





(2) by striking `and military unaccompanied housing' in paragraph (4) and inserting `housing and military unaccompanied housing' in paragraph (4) and inserting `housing, military unaccompanied housing, and Coast Guard recreational facilities'.CommentsClose CommentsPermalink





(g) Definitions- Section 680 of such title is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraphs (1) through (5) as paragraphs (2) through (6), respectively;CommentsClose CommentsPermalink





(2) by inserting before paragraph (2), as redesignated by paragraph (1) of this subsection, the following:CommentsClose CommentsPermalink





`(1) The term `Coast Guard recreational facilities' means recreation lodging buildings, recreation housing units, and ancillary supporting facilities constructed, maintained, and used by the Coast Guard to provide rest and recreation amenities for military personnel.'; andCommentsClose CommentsPermalink





(3) by striking `housing units and ancillary supporting facilities or the improvement or rehabilitation of existing units' in paragraph (2), as redesignated by paragraph (1) of this subsection, and inserting `housing units or Coast Guard recreational facilities and ancillary supporting facilities or the improvement or rehabilitation of existing units or facilities'.CommentsClose CommentsPermalink

TITLE V--SHIPPING AND NAVIGATION

SEC. 501. TECHNICAL AMENDMENTS TO CHAPTER 313 OF TITLE 46, UNITED STATES CODE.

(a) IN GENERAL- Chapter 313 of title 46, United States Code, is amended--CommentsClose CommentsPermalink





(1) by striking `of Transportation' in sections 31302, 31306, 31321, 31330, and 31343 each place it appears;CommentsClose CommentsPermalink





(2) by striking `and' after the semicolon in section 31301(5)(F);CommentsClose CommentsPermalink





(3) by striking `office.' in section 31301(6) and inserting `office; and'; andCommentsClose CommentsPermalink





(4) by adding at the end of section 31301 the following:CommentsClose CommentsPermalink





`(7) `Secretary' means the Secretary of the Department of Homeland Security, unless otherwise noted.'.CommentsClose CommentsPermalink





(b) SECRETARY AS MORTGAGEE- Section 31308 of such title is amended by striking `When the Secretary of Commerce or Transportation is a mortgagee under this chapter, the Secretary' and inserting `The Secretary of Commerce or Transportation, as a mortgagee under this chapter,'.CommentsClose CommentsPermalink





(c) SECRETARY OF TRANSPORTATION- Section 31329(d) of such title is amended by inserting `of Transportation' after `Secretary'.(d) striking `Secretary.' and inserting `Secretary of Transportation.'.CommentsClose CommentsPermalink





(d) Mortgagee-CommentsClose CommentsPermalink





(1) Section 31330(a)(1) of such title, as amended by subsection (a)(1) of this section, is amended--CommentsClose CommentsPermalink





(A) by inserting `or' after the semicolon in subparagraph (B);CommentsClose CommentsPermalink





(B) by striking `TransportationSecretary; or' in subparagraph (C) and inserting `TransportationSecretary.'; andCommentsClose CommentsPermalink





(C) by striking subparagraph (D).CommentsClose CommentsPermalink





(2) Section 31330(a)(2) is amended--CommentsClose CommentsPermalink





(A) by inserting `or' after the semicolon in subparagraph (B);CommentsClose CommentsPermalink





(B) by striking `faith; or' in subparagraph (C) and inserting `faith.'; andCommentsClose CommentsPermalink





(C) by striking subparagraph (D).CommentsClose CommentsPermalink

SEC. 502. CLARIFICATION OF RULEMAKING AUTHORITY.

(a) IN GENERAL- Chapter 701 of title 46, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink

`Sec. 70122. Regulations

`Unless otherwise provided, the Secretary may issue regulations necessary to implement this chapter.'.CommentsClose CommentsPermalink





(b) CLERICAL AMENDMENT- The chapter analysis for chapter 701 of such title is amended by adding at the end the following new item:CommentsClose CommentsPermalink





`70122. Regulations.'.CommentsClose CommentsPermalink

SEC. 503. COAST GUARD TO MAINTAIN LORAN-C NAVIGATION SYSTEM.

(a) IN GENERAL- The Secretary of Transportation shall maintain the LORAN-C navigation system until such time as the Secretary is authorized by statute, explicitly referencing this section, to cease operating the system.CommentsClose CommentsPermalink





(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Secretary of Transportation, in addition to funds authorized under section 101 of this Act for the Coast Guard for operation of the LORAN-C system, for capital expenses related to the LORAN-C infrastructure, $25,000,000 for each of fiscal years 2008 and 2009. The Secretary of Transportation may transfer from the Federal Aviation Administration and other agencies of the Department of Transportation such funds as may be necessary to reimburse the Coast Guard for related expenses.CommentsClose CommentsPermalink

SEC. 504. NANTUCKET SOUND SHIP CHANNEL WEATHER BUOY.

Within 180 days after the date of enactment of this Act, the National Weather Service shall deploy a weather buoy adjacent to the main ship channel of Nantucket Sound.CommentsClose CommentsPermalink

SEC. 505. LIMITATION ON MARITIME LIENS ON FISHING PERMITS.

(a) In General- Subchapter I of chapter 313 of title 46, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink

`Sec. 31310. Limitation on maritime liens on fishing permits

`(a) In General- A maritime lien shall not attach to a permit that--CommentsClose CommentsPermalink





`(1) authorizes use of a vessel to engage in fishing; andCommentsClose CommentsPermalink





`(2) is issued under State or Federal law.CommentsClose CommentsPermalink





`(b) Limitation on Enforcement- No civil action may be brought to enforce a maritime lien on a permit described in subsection (a).CommentsClose CommentsPermalink





`(c) Limitation on Statutory Construction- Nothing in subsections (a) and (b) shall be construed as imposing any limitation upon the authority of the Secretary of Commerce to modify, suspend, revoke, or sanction any Federal fishery permit issued by the Secretary of Commerce or to bring a civil action to enforce such modification, suspension, revocation, or sanction.'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The analysis for such chapter is amended by inserting after the item relating to section 31309 the following:CommentsClose CommentsPermalink





`31310. Limitation on maritime liens on fishing permits.'.CommentsClose CommentsPermalink

SEC. 506. VESSEL REBUILD DETERMINATIONS.

(a) In General- The Secretary of the department in which the Coast Guard is operating shall provide a report on Coast Guard rebuild determinations under section 67.177 of title 46, Code of Federal Regulations. Specifically, the report shall provide recommendations for--CommentsClose CommentsPermalink





(1) improving the application of the `major component test' under such section;CommentsClose CommentsPermalink





(2) a review of the application of the steelweight calculation thresholds under such section;CommentsClose CommentsPermalink





(3) recommendations for improving transparency in the Coast Guard's foreign rebuild determination process; andCommentsClose CommentsPermalink





(4) recommendations on whether or not there should be limits or cumulative caps on the amount of steel work that can be done to the hull and superstructure of a vessel in foreign shipyards over the life of the vessel.CommentsClose CommentsPermalink





(b) Report Deadline- The Secretary shall provide this report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure within 90 days after the enactment of this Act.CommentsClose CommentsPermalink

TITLE VI--MARITIME LAW ENFORCEMENT

SEC. 601. MARITIME LAW ENFORCEMENT.

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

`CHAPTER 707--MARITIME LAW ENFORCEMENT

`Sec.CommentsClose CommentsPermalink





`70701. Offense.CommentsClose CommentsPermalink





`70702. Attempt or conspiracy.CommentsClose CommentsPermalink





`70703. Affirmative defenses.CommentsClose CommentsPermalink





`70704. Penalties.CommentsClose CommentsPermalink





`70705. Criminal forfeiture.CommentsClose CommentsPermalink





`70706. Civil forfeiture.CommentsClose CommentsPermalink





`70707. Extraterritorial jurisdiction.CommentsClose CommentsPermalink





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





`70709. Federal activities.CommentsClose CommentsPermalink





`70710. Definitions.CommentsClose CommentsPermalink

`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.CommentsClose CommentsPermalink

`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.CommentsClose CommentsPermalink

`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--CommentsClose CommentsPermalink





`(1)(A) the alien was on board pursuant to a rescue at sea, or was a stowaway; orCommentsClose CommentsPermalink





`(B) the entry into the United States was a necessary response to an imminent threat of death or serious bodily injury to the alien;CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(3) the defendant complied with all orders given by law enforcement officials of the United States.CommentsClose CommentsPermalink

`Sec. 70704. Penalties

`(a) IN GENERAL- Any person who commits a violation of this chapter shall be fined or imprisoned, or both, in accordance with subsection (b) and (c) of this section. For purposes of subsection (b), each individual on board a vessel with respect to whom the violation occurs shall be treated as a separate violation.CommentsClose CommentsPermalink





`(b) FINES- Any person who commits a violation of this chapter shall be fined not more than $100,000, except that--CommentsClose CommentsPermalink





`(1) in any case in which the violation causes serious bodily injury to any person, regardless of where the injury occurs, the person shall be fined not more than $500,000; andCommentsClose CommentsPermalink





`(2) in any case where the violation causes or results in the death of any person regardless of where the death occurs, the person shall be fined not more than $1,000,000, or both.CommentsClose CommentsPermalink





`(c) IMPRISONMENT- Any person who commits a violation of this chapter shall be imprisoned for not less than 3 nor more than 20 years, except that--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(2) in any case where the violation causes or results in the death of any person regardless of where the death occurs, the person shall be imprisoned for not less than 10 years nor more than life.CommentsClose CommentsPermalink

`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).CommentsClose CommentsPermalink

`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)).CommentsClose CommentsPermalink

`Sec. 70707. Extraterritorial jurisdiction

`There is extraterritorial jurisdiction of an offense under this chapter.CommentsClose CommentsPermalink

`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.CommentsClose CommentsPermalink

`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.CommentsClose CommentsPermalink

`Sec. 70710. Definitions

`In this chapter:CommentsClose CommentsPermalink





`(1) ALIEN- The term `alien' has the meaning given that term in section 70105(f).CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(3) SERIOUS BODILY INJURY- The term `serious bodily injury' has the meaning given that term in section 1365 of title 18, United States Code.CommentsClose CommentsPermalink





`(4) UNITED STATES- The term `United States' has the meaning given that term in section 2101 [Struck out->]2101.[<-Struck out] 114.CommentsClose CommentsPermalink





`(5) VESSEL OF THE UNITED STATES- The term `vessel of the United States' has the meaning given that term in section 70502.CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The analysis for such subtitle is amended by inserting after the item relating to chapter 705 the following:CommentsClose CommentsPermalink

--70701.'.CommentsClose CommentsPermalink

TITLE VII--OIL POLLUTION PREVENTION

SEC. 701. RULEMAKINGS.

(a) Status Report-CommentsClose CommentsPermalink





(1) IN GENERAL- Within 90 days after the date of enactment of this Act, the Secretary shall provide a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure on the status of all Coast Guard rulemakings required (but for which no final rule has been issued as of the date of enactment of this Act)--CommentsClose CommentsPermalink





(A) under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.); andCommentsClose CommentsPermalink





(B) for--CommentsClose CommentsPermalink





(i) automatic identification systems required under section 70114 of title 46, United States Code; andCommentsClose CommentsPermalink





(ii) inspection requirements for towing vessels required under section 3306(j) of that title.CommentsClose CommentsPermalink





(2) INFORMATION REQUIRED- The Secretary shall include in the report required by paragraph (1)--CommentsClose CommentsPermalink





(A) a detailed explanation with respect to each such rulemaking as to--CommentsClose CommentsPermalink





(i) what steps have been completed;CommentsClose CommentsPermalink





(ii) what areas remain to be addressed; andCommentsClose CommentsPermalink





(iii) the cause of any delays; andCommentsClose CommentsPermalink





(B) the date by which a final rule may reasonably be expected to be issued.CommentsClose CommentsPermalink





(b) FINAL RULES- The Secretary shall issue a final rule in each pending rulemaking under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) as soon as practicable, but in no event later than 18 months after the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 702. OIL SPILL RESPONSE CAPABILITY.

(a) SAFETY STANDARDS FOR TOWING VESSELS- In promulgating regulations for towing vessels under chapter 33 of title 46, United States Code, the Secretary of the department in which the Coast Guard is operating shall--CommentsClose CommentsPermalink





(1) give priority to completing such regulations for towing operations involving tank vessels; andCommentsClose CommentsPermalink





(2) consider the possible application of standards that, as of the date of enactment of this Act, apply to self-propelled tank vessels, and any modifications that may be necessary for application to towing vessels due to ship design, safety, and other relevant factors.CommentsClose CommentsPermalink





(b) REDUCTION OF OIL SPILL RISK IN BUZZARDS BAY- No later than January 1, 2008, the Secretary of the department in which the Coast Guard is operating shall promulgate a final rule for Buzzards Bay, Massachusetts, pursuant to the notice of proposed rulemaking published on March 29, 2006, (71 Fed. Reg. 15649), after taking into consideration public comments submitted pursuant to that notice, to adopt measures to reduce the risk of oil spills in Buzzards Bay, Massachusetts.CommentsClose CommentsPermalink





(c) REPORTING- The Secretary shall transmit an annual report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Resources on the extent to which tank vessels in Buzzards Bay, Massachusetts, are using routes recommended by the Coast Guard.CommentsClose CommentsPermalink

SEC. 703. OIL TRANSFERS FROM VESSELS.

(a) REGULATIONS- Within 1 year after the date of enactment of this Act, the Secretary shall promulgate regulations to reduce the risks of oil spills in operations involving the transfer of oil from or to a tank vessel. The regulations--CommentsClose CommentsPermalink





(1) shall focus on operations that have the highest risks of discharge, including operations at night and in inclement weather; andCommentsClose CommentsPermalink





(2) shall consider--CommentsClose CommentsPermalink





(A) requirements for use of equipment, such as putting booms in place for transfers;CommentsClose CommentsPermalink





(B) operational procedures such as manning standards, communications protocols, and restrictions on operations in high-risk areas; orCommentsClose CommentsPermalink





(C) both such requirements and operational procedures.CommentsClose CommentsPermalink





(b) APPLICATION WITH STATE LAWS- The regulations promulgated under subsection (a) do not preclude the enforcement of any State law or regulation the requirements of which are at least as stringent as requirements under the regulations (as determined by the Secretary) that--CommentsClose CommentsPermalink





(1) applies in State waters;CommentsClose CommentsPermalink





(2) does not conflict with, or interfere with the enforcement of, requirements and operational procedures under the regulations; andCommentsClose CommentsPermalink





(3) has been enacted or promulgated before the date of enactment of this Act.CommentsClose CommentsPermalink

SEC. 704. IMPROVEMENTS TO REDUCE HUMAN ERROR AND NEAR-MISS INCIDENTS.

(a) REPORT- Within 1 year after the date of enactment of this Act, the Secretary shall transmit a report to the Senate Committee on Commerce, Science, and Transportation, the Senate Committee on Environment and Public Works, and the House of Representatives Committee on Transportation and Infrastructure that, using available data--CommentsClose CommentsPermalink





(1) identifies the types of human errors that, combined, account for over 50 percent of all oil spills involving vessels that have been caused by human error in the past 10 years;CommentsClose CommentsPermalink





(2) identifies the most frequent types of near-miss oil spill incidents involving vessels such as collisions, groundings, and loss of propulsion in the past 10 years;CommentsClose CommentsPermalink





(3) describes the extent to which there are gaps in the data with respect to the information required under paragraphs (1) and (2) and explains the reason for those gaps; andCommentsClose CommentsPermalink





(4) includes recommendations by the Secretary to address the identified types of errors and incidents and to address any such gaps in the data.CommentsClose CommentsPermalink





(b) MEASURES- Based on the findings contained in the report required by subsection (a), the Secretary shall take appropriate action, both domestically and at the International Maritime Organization, to reduce the risk of oil spills from human errors.CommentsClose CommentsPermalink

SEC. 705. OLYMPIC COAST NATIONAL MARINE SANCTUARY.

(a) OLYMPIC COAST NATIONAL MARINE SANCTUARY AREA TO BE AVOIDED- The Secretary and the Under Secretary of Commerce for Oceans and Atmosphere shall revise the area to be avoided off the coast of the State of Washington so that restrictions apply to all vessels required to prepare a response plan under section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)) (other than fishing or research vessels while engaged in fishing or research within the area to be avoided).CommentsClose CommentsPermalink





(b) Emergency Oil Spill Drill-CommentsClose CommentsPermalink





(1) IN GENERAL- In cooperation with the Secretary, the Under Secretary of Commerce for Oceans and Atmosphere shall conduct a Safe Seas oil spill drill in the Olympic Coast National Marine Sanctuary in fiscal year 2008. The Secretary and the Under Secretary of Commerce for Oceans and Atmosphere jointly shall coordinate with other Federal agencies, State, local, and tribal governmental entities, and other appropriate entities, in conducting this drill.CommentsClose CommentsPermalink





(2) OTHER REQUIRED DRILLS- Nothing in this subsection supersedes any Coast Guard requirement for conducting emergency oil spill drills in the Olympic Coast National Marine Sanctuary. The Secretary shall consider conducting regular field exercises, such as National Preparedness for Response Exercise Program (PREP) in other national marine sanctuaries.CommentsClose CommentsPermalink





(3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Under Secretary of Commerce for Oceans and Atmosphere for fiscal year 2008 $700,000 to carry out this subsection.CommentsClose CommentsPermalink

SEC. 706. PREVENTION OF SMALL OIL SPILLS.

(a) IN GENERAL- The Under Secretary of Commerce for Oceans and Atmosphere, in consultation with other appropriate agencies, shall establish an oil spill prevention and education program for small vessels. The program shall provide for assessment, outreach, and training and voluntary compliance activities to prevent and improve the effective response to oil spills from vessels and facilities not required to prepare a vessel response plan under the Federal Water Pollution Control Act, including recreational vessels, commercial fishing vessels, marinas, and aquaculture facilities. The Under Secretary may provide grants to sea grant colleges and institutes designated under section 207 of the National Sea Grant College Program Act (33 U.S.C. 1126) and to State agencies, tribal governments, and other appropriate entities to carry out--CommentsClose CommentsPermalink





(1) regional assessments to quantify the source, incidence and volume of small oil spills, focusing initially on regions in the country where, in the past 10 years, the incidence of such spills is estimated to be the highest;CommentsClose CommentsPermalink





(2) voluntary, incentive-based clean marina programs that encourage marina operators, recreational boaters and small commercial vessel operators to engage in environmentally sound operating and maintenance procedures and best management practices to prevent or reduce pollution from oil spills and other sources;CommentsClose CommentsPermalink





(3) cooperative oil spill prevention education programs that promote public understanding of the impacts of spilled oil and provide useful information and techniques to minimize pollution including methods to remove oil and reduce oil contamination of bilge water, prevent accidental spills during maintenance and refueling and properly cleanup and dispose of oil and hazardous substances; andCommentsClose CommentsPermalink





(4) support for programs, including outreach and education to address derelict vessels and the threat of such vessels sinking and discharging oil and other hazardous substances, including outreach and education to involve efforts to the owners of such vessels.CommentsClose CommentsPermalink





(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Under Secretary of Commerce for Oceans and Atmosphere to carry out this section, $10,000,000 annually for each of fiscal years 2008 through 2012.CommentsClose CommentsPermalink

SEC. 707. IMPROVED COORDINATION WITH TRIBAL GOVERNMENTS.

(a) IN GENERAL- Within 6 months after the date of enactment of this Act, the Secretary shall complete the development of a tribal consultation policy, which recognizes and protects to the maximum extent practicable tribal treaty rights and trust assets in order to improve the Coast Guard's consultation and coordination with the tribal governments of federally recognized Indian tribes with respect to oil spill prevention, preparedness, response and natural resource damage assessment.CommentsClose CommentsPermalink





(b) NATIONAL PLANNING- The Secretary shall assist tribal governments to participate in the development and capacity to implement the National Contingency Plan and local Area Contingency Plans to the extent they affect tribal lands, cultural and natural resources. The Secretary shall ensure that in regions where oil spills are likely to have an impact on natural or cultural resources owned or utilized by a federally recognized Indian tribe, the Coast Guard will--CommentsClose CommentsPermalink





(1) ensure that representatives of the tribal government of the potentially affected tribes are included as part of the regional response team cochaired by the Coast Guard and the Environmental Protection Agency to establish policies for responding to oil spills; andCommentsClose CommentsPermalink





(2) provide training of tribal incident commanders and spill responders.CommentsClose CommentsPermalink





(c) INCLUSION OF TRIBAL GOVERNMENT- The Secretary shall ensure that, as soon as practicable after identifying an oil spill that is likely to have an impact on natural or cultural resources owned or utilized by a federally recognized Indian tribe, the Coast Guard will--CommentsClose CommentsPermalink





(1) ensure that representatives of the tribal government of the affected tribes are included as part of the incident command system established by the Coast Guard to respond to the spill;CommentsClose CommentsPermalink





(2) share information about the oil spill with the tribal government of the affected tribe; andCommentsClose CommentsPermalink





(3) to the extent practicable, involve tribal governments in deciding how to respond to such spill.CommentsClose CommentsPermalink





(d) COOPERATIVE ARRANGEMENTS- The Coast Guard may enter into memoranda of agreement and associated protocols with Indian tribal governments in order to establish cooperative arrangements for oil pollution prevention, preparedness, and response. Such memoranda may be entered into prior to the development of the tribal consultation and coordination policy to provide Indian tribes grant and contract assistance and may include training for preparedness and response and provisions on coordination in the event of a spill. As part of these memoranda of agreement, the Secretary may carry out demonstration projects to assist tribal governments in building the capacity to protect tribal treaty rights and trust assets from oil spills to the maximum extent possible.CommentsClose CommentsPermalink





(e) FUNDING FOR TRIBAL PARTICIPATION- Subject to the availability of appropriations, the Commandant of the Coast Guard shall provide assistance to participating tribal governments in order to facilitate the implementation of cooperative arrangements under subsection (d) and ensure the participation of tribal governments in such arrangements. There are authorized to be appropriated to the Commandant $500,000 for each of fiscal years 2008 through 2012 to be used to carry out this section.CommentsClose CommentsPermalink

SEC. 708. REPORT ON THE AVAILABILITY OF TECHNOLOGY TO DETECT THE LOSS OF OIL.

Within 1 year after the date of enactment of this Act, the Secretary shall submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce on the availability, feasibility, and potential cost of technology to detect the loss of oil carried as cargo or as fuel on tank and non-tank vessels greater than 400 gross tons.CommentsClose CommentsPermalink

SEC. 709. USE OF OIL SPILL LIABILITY TRUST FUND.

Section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)) is amended--CommentsClose CommentsPermalink





(1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (C) as subparagraphs (C) and (D), respectively; andCommentsClose CommentsPermalink





(2) by inserting after subparagraph (A) the following:CommentsClose CommentsPermalink





`(B) not more than $15,000,000 in each fiscal year shall be available to the Under Secretary of Commerce for Oceans and Atmosphere for expenses incurred by, and activities related to, response and damage assessment capabilities of the National Oceanic and Atmospheric Administration;'.CommentsClose CommentsPermalink

SEC. 710. INTERNATIONAL EFFORTS ON ENFORCEMENT.

The Secretary, in consultation with the heads of other appropriate Federal agencies, shall ensure that the Coast Guard pursues stronger enforcement in the International Maritime Organization of agreements related to oil discharges, including joint enforcement operations, training, and stronger compliance mechanisms.CommentsClose CommentsPermalink

SEC. 711. GRANT PROJECT FOR DEVELOPMENT OF COST-EFFECTIVE DETECTION TECHNOLOGIES.

(a) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Commandant shall establish a grant program for the development of cost-effective technologies, such as infrared, pressure sensors, and remote sensing, for detecting discharges of oil from vessels as well as methods and technologies for improving detection and recovery of submerged and sinking oils.CommentsClose CommentsPermalink





(b) MATCHING REQUIREMENT- The Federal share of any project funded under subsection (a) may not exceed 50 percent of the total cost of the project.CommentsClose CommentsPermalink





(c) REPORT TO CONGRESS- Not later than 3 years after the date of enactment of this Act the Secretary shall provide a report to the Senate Committee on Commerce, Science, and Transportation, and to the House of Representatives Committee on Transportation and Infrastructure on the results of the program.CommentsClose CommentsPermalink





(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Commandant to carry out this section $2,000,000 for each of fiscal years 2008, 2009, and 2010, to remain available until expended.CommentsClose CommentsPermalink





(e) TRANSFER PROHIBITED- Administration of the program established under subsection (a) may not be transferred within the Department of Homeland Security or to another department or Federal agency.CommentsClose CommentsPermalink

SEC. 712. HIGHER VOLUME PORT AREA REGULATORY DEFINITION CHANGE.

(a) IN GENERAL- Within 30 days after the date of enactment of this Act, notwithstanding subchapter 5 of title 5, United States Code, the Commandant shall modify the definition of the term `higher volume port area' in section 155.1020 of the Coast Guard regulations (33 C.F.R. 155.1020) by striking `Port Angeles, WA' in paragraph (13) of that section and inserting `Cape Flattery, WA' without initiating a rulemaking proceeding.CommentsClose CommentsPermalink





(b) EMERGENCY RESPONSE PLAN REVIEWS- Within 5 years after the date of enactment of this Act, the Coast Guard shall complete its review of any changes to emergency response plans pursuant to the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) resulting from the modification of the higher volume port area definition required by subsection (a).CommentsClose CommentsPermalink

SEC. 713. RESPONSE TUGS.

(a) IN GENERAL- Paragraph (5) of section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(J) Response tug-CommentsClose CommentsPermalink





`(i) IN GENERAL- The Secretary shall require the stationing of a year round response tug of a minimum of 70-tons bollard pull in the entry to the Strait of Juan de Fuca at Neah Bay capable of providing rapid assistance and towing capability to disabled vessels during severe weather conditions.CommentsClose CommentsPermalink





`(ii) SHARED RESOURCES- The Secretary may authorize compliance with the response tug stationing requirement of clause (i) through joint or shared resources between or among entities to which this subsection applies.CommentsClose CommentsPermalink





`(iii) EXISTING STATE AUTHORITY NOT AFFECTED- Nothing in this subparagraph supersedes or interferes with any existing authority of a State with respect to the stationing of rescue tugs in any area under State law or regulations.CommentsClose CommentsPermalink





`(iv) ADMINISTRATION- In carrying out this subparagraph, the Secretary--CommentsClose CommentsPermalink





`(I) shall require the vessel response plan holders to negotiate and adopt a cost-sharing formula and a schedule for carrying out this subparagraph by no later than June 1, 2008;CommentsClose CommentsPermalink





`(II) shall establish a cost-sharing formula and a schedule for carrying out this subparagraph by no later than July 1, 2008 (without regard to the requirements of chapter 5 of title 5, United States Code) if the vessel response plan holders fail to adopt the cost-sharing formula and schedule required by subclause (I) of this clause by June 1, 2008; andCommentsClose CommentsPermalink





`(III) shall implement clauses (i) and (ii) of this subparagraph by June 1, 2008, without a rulemaking and without regard to the requirements of chapter 5 of title 5, United States Code.CommentsClose CommentsPermalink





`(v) LONG TERM TUG CAPABILITIES- Within 6 months after implementing clauses (i) and (ii), and section 707 of the Coast Guard Authorization Act for Fiscal Year 2008, the Secretary shall execute a contract with the National Academy of Sciences to conduct a study of regional response tug and salvage needs for Washington's Olympic coast. In developing the scope of the study, the National Academy of Sciences shall consult with Federal, State, and Tribal trustees as well as relevant stakeholders. The study--CommentsClose CommentsPermalink





`(I) shall define the needed capabilities, equipment, and facilities for a response tug in the entry to the Strait of Juan de Fuca at Neah Bay in order to optimize oil spill protection on Washington's Olympic coast, provide rescue towing services, oil spill response, and salvage and fire-fighting capabilities;CommentsClose CommentsPermalink





`(II) shall analyze the tug's multi-mission capabilities as well as its ability to utilize cached salvage, oil spill response, and oil storage equipment while responding to a spill or a vessel in distress and make recommendations as to the placement of this equipment;CommentsClose CommentsPermalink





`(III) shall address scenarios that consider all vessel types and weather conditions and compare current Neah Bay tug capabilities, costs, and benefits with other United States industry funded response tugs, including those currently operating in the entrance of Alaska's Prince William Sound;CommentsClose CommentsPermalink





`(IV) shall determine whether the current level of protection afforded by the Neah Bay response tug and associated response equipment is comparable to protection in other locations where response tugs operate, including the entrance of Prince William Sound, and if it is not comparable, shall make recommendations as to how capabilities, equipment, and facilities should be modified to achieve optimum[Struck out->]optimum[<-Struck out] such comparable protection.'.CommentsClose CommentsPermalink





(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Secretary for fiscal year 2008 such sums as necessary to carry out section 311(j)(5)(J)(v) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(5)(J)(v)).CommentsClose CommentsPermalink

SEC. 714. TUG ESCORTS FOR LADEN OIL TANKERS.

Within 1 year after the date of enactment of this Act, the Secretary of State, in consultation with the Commandant, shall enter into negotiations with the Government of Canada to ensure that tugboat escorts are required for all tank ships with a capacity over 40,000 deadweight tons in the Strait of Juan de Fuca, Strait of Georgia, and in Haro Strait. The Commandant shall consult with the State of Washington and affected tribal governments during negotiations with the Government of Canada.CommentsClose CommentsPermalink

SEC. 715. EXTENSION OF FINANCIAL RESPONSIBILITY.

Section 1016(a) of the Oil Pollution Act of 1990 (33 U.S.C. 2716(a)) is amended--CommentsClose CommentsPermalink





(1) by striking `or' after the semicolon in paragraph (1);CommentsClose CommentsPermalink





(2) by inserting `or' after the semicolon in paragraph (2); andCommentsClose CommentsPermalink





(3) by inserting after paragraph (2) the following:CommentsClose CommentsPermalink





`(3) any tank vessel over 100 gross tons (except a non-self-propelled vessel that does not carry oil as cargo) using any place subject to the jurisdiction of the United States;'.CommentsClose CommentsPermalink

SEC. 716. VESSEL TRAFFIC RISK ASSESSMENTS.

(a) REQUIREMENT- The Commandant of the Coast guard, acting through the appropriate Area Committee established under section 311(j)(4) of the Federal Water Pollution Control Act, shall prepare a vessel traffic risk assessment--CommentsClose CommentsPermalink





(1) for Cook Inlet, Alaska, within 1 year after the date of enactment of this Act; andCommentsClose CommentsPermalink





(2) for the Aleutian Islands, Alaska, within 2 years after the date of enactment of this Act.CommentsClose CommentsPermalink





(b) CONTENTS- Each of the assessments shall describe, for the region covered by the assessment--CommentsClose CommentsPermalink





(1) the amount and character of present and estimated future shipping traffic in the region; andCommentsClose CommentsPermalink





(2) the current and projected use and effectiveness in reducing risk, of--CommentsClose CommentsPermalink





(A) traffic separation schemes and routing measures;CommentsClose CommentsPermalink





(B) long-range vessel tracking systems developed under section 70115 of title 46, United States Code;CommentsClose CommentsPermalink





(C) towing, response, or escort tugs;CommentsClose CommentsPermalink





(D) vessel traffic services;CommentsClose CommentsPermalink





(E) emergency towing packages on vessels;CommentsClose CommentsPermalink





(F) increased spill response equipment including equipment appropriate for severe weather and sea conditions;CommentsClose CommentsPermalink





(G) the Automatic Identification System developed under section 70114 of title 46, United States Code;CommentsClose CommentsPermalink





(H) particularly sensitive sea areas, areas to be avoided, and other traffic exclusion zones;CommentsClose CommentsPermalink





(i) aids to navigation; andCommentsClose CommentsPermalink





(J) vessel response plans.CommentsClose CommentsPermalink





(c) Recommendations-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) PROVISION TO CONGRESS- The Commandant shall provide a copy of each assessment to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure.CommentsClose CommentsPermalink





(e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Commandant $1,800,000 for each of fiscal years 2008 and 2009 to conduct the assessments.CommentsClose CommentsPermalink

SEC. 717. OIL SPILL LIABILITY TRUST FUND INVESTMENT AMOUNT.

Within 30 days after the date of enactment of this Act, the Secretary of the Treasury shall increase the amount invested in income producing securities under section 5006(b) of the Oil Pollution Act of 1990 (33 U.S.C. 2736(b)) by $12,851,340.CommentsClose CommentsPermalink

SEC. 718. LIABILITY FOR USE OF UNSAFE SINGLE-HULL VESSELS.

Section 1001(32) of the Oil Pollution Act of 1990 (33 U.S.C. 2701(32)) is amended by striking subparagraph (A) and inserting the following:CommentsClose CommentsPermalink





`(A) VESSELS- In the case of a vessel (other than a vessel described in section 3703a(b) of title 46, United States Code)--CommentsClose CommentsPermalink





`(i) any person owning, operating, or demise chartering the vessel; andCommentsClose CommentsPermalink





`(ii) the owner of oil being transported in a tank vessel with a single hull after December 31, 2010, if the owner of the oil knew, or should have known, from publicly available information that the vessel had a poor safety or operational record.'.CommentsClose CommentsPermalink

TITLE VIII--MARITIME HAZARDOUS CARGO SECURITY

SEC. 801. INTERNATIONAL COMMITTEE FOR THE SAFE AND SECURE TRANSPORTATION OF ESPECIALLY HAZARDOUS CARGO.

(a) IN GENERAL- Chapter 701 of title 46, United States Code, is amended by inserting after section 70109 the following:CommentsClose CommentsPermalink

`Sec. 70109A. International committee for the safe and secure transportation of especially hazardous cargo

`(a) IN GENERAL- The Secretary, in consultation with the Secretary of State and other appropriate entities, shall, in a manner consistent with international treaties, conventions, and agreements to which the United States is a party, establish a committee within the International Maritime Organization that includes representatives of United States trading partners that supply [Struck out->]tank or break-bulk shipments[<-Struck out] tank, bulk, or break-bulk vessel shipments of especially hazardous cargo to the United States.CommentsClose CommentsPermalink





`(b) SAFE AND SECURE LOADING, UNLOADING, AND TRANSPORTATION OF ESPECIALLY HAZARDOUS CARGOES- In carrying out this section, the Secretary, in cooperation with the International Maritime Organization and in consultation with the International Standards Organization and shipping industry stakeholders, shall develop protocols, procedures, standards, and requirements for receiving, handling, loading, unloading, vessel crewing, and transportation of especially hazardous cargo to promote the safe and secure operation of ports, facilities, and vessels that transport especially hazardous cargo to the United States.CommentsClose CommentsPermalink





`(c) DEADLINES- The Secretary shall--CommentsClose CommentsPermalink





`(1) initiate the development of the committee within 180 days after the date of enactment of the Maritime Hazardous Cargo Security Act; andCommentsClose CommentsPermalink





`(2) endeavor to have the protocols, procedures, standards, and requirements developed by the committee take effect within 3 years after the date of enactment of that Act.CommentsClose CommentsPermalink





`(d) REPORTS- The Secretary shall report annually to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Transportation and Infrastructure, and the House of Representatives Committee on Homeland Security on the development, implementation, and administration of the protocols, procedures, standards, and requirements developed by the committee established under subsection (a).'.CommentsClose CommentsPermalink





(b) CONFORMING AMENDMENT- The chapter analysis for chapter 701 of title 46, United States Code, is amended by inserting after the item relating the section 70109 the following:CommentsClose CommentsPermalink





`70109A. International committee for the safe and secure transportation of especially hazardous cargo.'.CommentsClose CommentsPermalink

SEC. 802. VALIDATION OF COMPLIANCE WITH ISPFC STANDARDS.

(a) IN GENERAL- Chapter 701 of title 46, United States Code, is amended by inserting after section 70110 the following:CommentsClose CommentsPermalink

`70110A. Port safety and security validations

`(a) IN GENERAL- The Secretary, in consultation with the Secretary of State, shall, in a manner consistent with international treaties, conventions, and agreements to which the United States is a party, develop and implement a voluntary program under which foreign ports and facilities can certify their compliance with applicable International Ship and Port Facility Code standards.CommentsClose CommentsPermalink





`(b) Third-Party Validation-CommentsClose CommentsPermalink





`(1) IN GENERAL- In carrying out this section, the Secretary, in cooperation with the International Maritime Organization and the International Standards Organization, shall develop and implement a program under which independent, third-party entities are certified to validate a foreign port's or facility's compliance under the program developed under subsection (a).CommentsClose CommentsPermalink





`(2) PROGRAM COMPONENTS- The international program shall include--CommentsClose CommentsPermalink





`(A) international inspection protocols and procedures;CommentsClose CommentsPermalink





`(B) minimum validation standards to ensure a port or facility meets the applicable International Ship and Port Facility Code standards;CommentsClose CommentsPermalink





`(C) recognition for foreign ports or facilities that exceed the minimum standards;CommentsClose CommentsPermalink





`(D) uniform performance metrics by which inspection validations are to be conducted;CommentsClose CommentsPermalink





`(E) a process for notifying a port or facility, and its host nation, of areas of concern about the port's or facility's failure to comply with International Ship and Port Facility Code standards;CommentsClose CommentsPermalink





`(F) provisional or probationary validations;CommentsClose CommentsPermalink





`(G) conditions under which routine monitoring is to occur if a port or facility receives a provisional or probationary validation;CommentsClose CommentsPermalink





`(H) a process by which failed validations can be appealed; andCommentsClose CommentsPermalink





`(I) an appropriate cycle for re-inspection and validation.CommentsClose CommentsPermalink





`(c) CERTIFICATION OF THIRD PARTY ENTITIES- The Secretary may not certify a third party entity to validate ports or facilities under subsection (b) unless--CommentsClose CommentsPermalink





`(1) the entity demonstrates to the satisfaction of the Secretary the ability to perform validations in accordance with the standards, protocols, procedures, and requirements established by the program implemented under subsection (a); andCommentsClose CommentsPermalink





`(2) the entity has no beneficial interest in or any direct control over the port and facilities being inspected and validated.CommentsClose CommentsPermalink





`(d) MONITORING--The Secretary shall regularly monitor and audit the operations of each third party entity conducting validations under this section to ensure that it is meeting the minimum standards, operating protocols, procedures, and requirements established by international agreement.CommentsClose CommentsPermalink





`(e) REVOCATION- The Secretary shall revoke the certification of any entity determined by the Secretary not to meet the minimum standards, operating protocol, procedures, and requirements established by international agreement for third party entity validations.CommentsClose CommentsPermalink





`(f) PROTECTION OF SECURITY AND PROPRIETARY INFORMATION- In carrying out this section, the Secretary shall take appropriate actions to protect from disclosure information that--CommentsClose CommentsPermalink





`(1) is security sensitive, proprietary, or business sensitive; orCommentsClose CommentsPermalink





`(2) is otherwise not appropriately in the public domain.CommentsClose CommentsPermalink





`(g) DEADLINES- The Secretary shall--CommentsClose CommentsPermalink





`(1) initiate procedures to carry out this section within 180 days after the date of enactment of the Maritime Hazardous Cargo Security Act; andCommentsClose CommentsPermalink





`(2) develop standards under subsection (b) for third party validation within 2 years after the date of enactment of that Act.CommentsClose CommentsPermalink





`(h) REPORTS- The Secretary shall report annually to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Transportation and Infrastructure, and the House of Representatives Committee on Homeland Security on activities conducted pursuant to this section.'.CommentsClose CommentsPermalink





(c) CONFORMING AMENDMENT- The chapter analysis for chapter 701 of title 46, United States Code, is amended by inserting after the item relating to section 70110 the following:CommentsClose CommentsPermalink





`70110A. Port safety and security validations.'.CommentsClose CommentsPermalink

SEC. 803. SAFETY AND SECURITY ASSISTANCE FOR FOREIGN PORTS.

(a) IN GENERAL- Section 70110(e)(1) of title 46, United States Code, is amended by striking the second sentence and inserting the following: `The Secretary shall establish a strategic plan to utilize those assistance programs to assist ports and facilities that are found by the Secretary under subsection (a) not to maintain effective antiterrorism measures in the implementation of port security antiterrorism measures.'.CommentsClose CommentsPermalink





(b) CONFORMING AMENDMENTS-CommentsClose CommentsPermalink





(1) Section 70110 of title 46, United States Code, is amended--CommentsClose CommentsPermalink





(A) by inserting `or facilities' after `ports' in the section heading;CommentsClose CommentsPermalink





(B) by inserting `or facility' after `port' each place it appears; andCommentsClose CommentsPermalink





(C) by striking `PORTS' in the heading for subsection (e) and inserting `Ports, Facilities,'.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





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

SEC. 804. COAST GUARD PORT ASSISTANCE PROGRAM.

Section 70110 of title 46, United States Code, is amended by adding at the end thereof the following:CommentsClose CommentsPermalink





`(f) Coast Guard Assistance Program-CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) to assist in bringing the port or facility into compliance with applicable International Ship and Port Facility Code standards;CommentsClose CommentsPermalink





`(B) to assist the port or facility in meeting standards established under section 70109A of this chapter; andCommentsClose CommentsPermalink





`(C) to assist the port or facility in exceeding the standards described in subparagraph (A) and (B).CommentsClose CommentsPermalink





`(2) CONDITIONS- The Secretary--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(B) may not provide such assistance unless the facility or port has been subjected to a comprehensive port security assessment by the Coast Guard or a third party entity certified by the Secretary under section 70110A(b) to validate foreign port or facility compliance with International Ship and Port Facility Code standards; andCommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink

SEC. 805. EHC FACILITY RISK-BASED COST SHARING.

The Commandant shall identify facilities sited or constructed on or adjacent to the navigable waters of the United States that receive, handle, load, or unload especially hazardous cargos that pose a risk greater than an acceptable risk threshold, as determined by the Secretary under a uniform risk assessment methodology. The Secretary may establish a security cost-share plan to assist the Coast Guard in providing security for the transportation of especially hazardous cargo to such facilities.CommentsClose CommentsPermalink

SEC. 806. TRANSPORTATION SECURITY INCIDENT MITIGATION PLAN.

Section 70103(b)(2) of title 46, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating subparagraphs (E) through (G) as subparagraphs (F) through (H), respectively; andCommentsClose CommentsPermalink





(2) by inserting after subparagraph (D) the following:CommentsClose CommentsPermalink





`(E) establish regional response and recovery protocols to prepare for, respond to, mitigate against, and recover from a transportation security incident consistent with section 202 of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 942) and section 70103(a) of title 46, United States Code;'.CommentsClose CommentsPermalink

SEC. 807. INCIDENT COMMAND SYSTEM TRAINING.

The Secretary shall ensure that Federal, State, and local personnel responsible for the safety and security of vessels in port carrying especially hazardous cargo have successfully completed training in the Department of Homeland Security's incident command system protocols.CommentsClose CommentsPermalink

SEC. 808. PRE-POSITIONING INTEROPERABLE COMMUNICATIONS EQUIPMENT AT INTERAGENCY OPERATIONAL CENTERS.

Section 70107A of title 46, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; andCommentsClose CommentsPermalink





(2) by inserting after subsection (d) the following:CommentsClose CommentsPermalink





`(e) Deployment of Interoperable Communications Equipment at Interagency Operational Centers-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Secretary shall ensure that interoperable communications technology is deployed at all interagency operational centers established under subsection (a).CommentsClose CommentsPermalink





`(2) CONSIDERATIONS- In carrying out paragraph (1), the Secretary shall consider the continuing technological evolution of communications technologies and devices, with its implicit risk of obsolescence, and shall ensure, to the maximum extent feasible, that a substantial part of the technology deployed involves prenegotiated contracts and other arrangements for rapid deployment of equipment, supplies, and systems rather than the warehousing or storage of equipment and supplies currently available at the time the technology is deployed.CommentsClose CommentsPermalink





`(3) REQUIREMENTS AND CHARACTERISTICS- The interoperable communications technology deployed under paragraph (1) shall--CommentsClose CommentsPermalink





`(A) be capable of re-establishing communications when existing infrastructure is damaged or destroyed in an emergency or a major disaster;CommentsClose CommentsPermalink





`(B) include appropriate current, widely-used equipment, such as Land Mobile Radio Systems, cellular telephones and satellite equipment, Cells-On-Wheels, Cells-On-Light-Trucks, or other self-contained mobile cell sites that can be towed, backup batteries, generators, fuel, and computers;CommentsClose CommentsPermalink





`(C) include contracts (including prenegotiated contracts) for rapid delivery of the most current technology available from commercial sources;CommentsClose CommentsPermalink





`(D) include arrangements for training to ensure that personnel are familiar with the operation of the equipment and devices to be delivered pursuant to such contracts; andCommentsClose CommentsPermalink





`(E) be utilized as appropriate during live area exercises conducted by the United States Coast Guard.CommentsClose CommentsPermalink





`(4) ADDITIONAL CHARACTERISTICS- Portions of the communications technology deployed under paragraph (1) may be virtual and may include items donated on an in-kind contribution basis.CommentsClose CommentsPermalink





`(5) Rule of construction- Nothing in this subsection shall be construed or interpreted to preclude the use of funds under this section by the Secretary for interim or long-term Internet Protocol-based interoperable solutions, notwithstanding compliance with the Project 25 standard.'.CommentsClose CommentsPermalink

SEC. 809. DEFINITIONS.

In this title:CommentsClose CommentsPermalink





(1) COMMANDANT- The term `Commandant' means the Commandant of the Coast Guard.CommentsClose CommentsPermalink





(2) ESPECIALLY HAZARDOUS CARGO- The term `especially hazardous cargo' means any substance identified by the Secretary of the department in which the Coast Guard is operating as especially hazardous cargo[Struck out->]cargo.[<-Struck out] cargo transported by tank, bulk, or break-bulk vessel.CommentsClose CommentsPermalink





(3) SECRETARY- The term `Secretary' means the Secretary of the department in which the Coast Guard is operating.CommentsClose CommentsPermalink

TITLE IX--MISCELLANEOUS PROVISIONS

SEC. 901. MARINE MAMMALS AND SEA TURTLES REPORT.

(a) IN GENERAL- Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of the department in which the Coast Guard is operating shall provide a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure on Coast Guard activities with respect to the protection of marine mammals and sea turtles under United States statutes and international agreements.CommentsClose CommentsPermalink





(b) REQUIRED CONTENT- The Secretary shall include in the report, at a minimum--CommentsClose CommentsPermalink





(1) a detailed summary of actions that the Coast Guard has undertaken annually from fiscal year 2000 through fiscal year 2007 with respect to enforcement efforts, and cooperative agreements and activities with other Federal and State agencies, training programs, and other initiatives;CommentsClose CommentsPermalink





(2) an annual summary for fiscal year 2000 through fiscal year 2007 by Coast Guard district of the level of effort measured by personnel hours and other available data, for enforcement of the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.), the Endangered Species Act (16 U.S.C. 1531 et seq.), and the Marine Mammal Protection Act (16 U.S.C. 1361 et seq.) as well as international agreements that include provisions on sea turtles or marine mammals to which the United States is a party; andCommentsClose CommentsPermalink





(3) a summary of any new Coast Guard initiatives for this mission area.CommentsClose CommentsPermalink

SEC. 902. UMPQUA LIGHTHOUSE LAND CONVEYANCE.

(a) Conveyance Authorized-CommentsClose CommentsPermalink





(1) IN GENERAL- The Commandant of the Coast Guard may convey to Douglas County, Oregon, all right, title, and interest of the United States in and to the Umpqua Lighthouse property, including improvements thereon, for the purpose of permitting the County to use the property as a park.CommentsClose CommentsPermalink





(2) Property description-CommentsClose CommentsPermalink





(A) IN GENERAL- The Umpqua Lighthouse property is the parcel of approximately 14.81 acres of Coast Guard controlled land located in the NW 1/4 of sec. 13, T. 22 S., R. 13 W., Willamette Meridian, and identified as Exhibit A on the aerial map entitled `U.S. Coast Guard Property at Salmon Harbor/Winchester Bay, Oregon' dated February 22, 2006.CommentsClose CommentsPermalink





(B) SURVEYS- The exact acreage and legal description of the real property to be conveyed under subsections (a) and (c) shall be determined by surveys satisfactory to the Commandant. The cost of the surveys shall be borne by the County.CommentsClose CommentsPermalink





(b) USE OF PROPERTY CONVEYED- Notwithstanding section 59.3 of title 36, Code of Federal Regulations (or any successor regulation), and the limitations on the use of land provided assistance under the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et seq.), the real property to be conveyed under this section may be converted to a use other than a public outdoor recreation use.CommentsClose CommentsPermalink





(c) Provision of Replacement Facilities-CommentsClose CommentsPermalink





(1) IN GENERAL- As consideration for the conveyance authorized by subsection (a), the County--CommentsClose CommentsPermalink





(A) may, at its expense design and construct the replacement facilities for the Coast Guard to replace the facilities conveyed under that subsection;CommentsClose CommentsPermalink





(B) may design and construct the replacement facilities to the specifications of the Commandant; andCommentsClose CommentsPermalink





(C) may construct the replacement facilities upon a parcel of real property determined by the Commandant to be an appropriate location for the replacement facilities; andCommentsClose CommentsPermalink





(2) shall convey to the United States all right, title, and interest in and to the replacement facilities and the parcel of real property on which the facilities are located.CommentsClose CommentsPermalink





(d) MEMORANDUM OF AGREEMENT- The County and the Commandant may enter into a memorandum of agreement to effectuate the transactions authorized by this section.CommentsClose CommentsPermalink





(e) ADDITIONAL TERMS AND CONDITIONS- The Commandant may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Commandant considers appropriate to protect the interests of the United States.CommentsClose CommentsPermalink





(f) LIMITATION- Nothing in this section compels the County or the Commandant to execute a memorandum of agreement or deed, except upon such terms and conditions that the County and the Commandant may consider appropriate, in the exercise of their discretion, to protect the interests of the County and the United States.CommentsClose CommentsPermalink

SEC. 903. TRANSFER OF LANDS TO BE HELD IN TRUST.

(a) IN GENERAL- As soon as practical but not later than 3 years after the date of enactment of this Act, the Commandant of the Coast Guard shall take such actions as are necessary to transfer administrative jurisdiction over lands, including all structures and buildings on lands, depicted on the maps prepared pursuant to subsection (c) of this section to the Secretary of the Interior to hold in trust for the benefit of the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians.CommentsClose CommentsPermalink





(b) Conditions of Transfer-CommentsClose CommentsPermalink





(1) Prior to the transfer of administrative jurisdiction over the lands, the Coast Guard, in its sole discretion, shall execute actions required to comply with applicable environmental and cultural resources law.CommentsClose CommentsPermalink





(2) Upon such transfer to the Secretary of the Interior, the lands shall be held in trust by the United States for the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians, Oregon, and shall be part of the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw's Reservation.CommentsClose CommentsPermalink





(c) Map and Legal Description of Land-CommentsClose CommentsPermalink





(1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Commandant shall file maps entitled `Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Land Transfer Maps', which shall depict and provide a legal description of the parcels to be transferred in Coos County, Oregon, totaling approximately 24.0 acres in the areas commonly known as Gregory Point and Chief's Island, with--CommentsClose CommentsPermalink





(A) the Senate Committee on Commerce, Science, and Transportation;CommentsClose CommentsPermalink





(B) the House of Representatives Committee on Transportation and Infrastructure; andCommentsClose CommentsPermalink





(C) the Secretary of the Interior.CommentsClose CommentsPermalink





(2) FORCE OF LAW- The maps and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Commandant may correct typographical errors in the maps and each legal description.CommentsClose CommentsPermalink





(3) PUBLIC AVAILABILITY- Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate office of the Department of the Interior.CommentsClose CommentsPermalink





(d) USE OF COAST GUARD AIDS TO NAVIGATION- The Coast Guard may retain easements, or other property interests as may be necessary, across the property described in subsection (c) for access to aids to navigation located on the lands so long as such aids may be required by the Coast Guard.CommentsClose CommentsPermalink





(e) Maintenance of Cape Arago Light Station-CommentsClose CommentsPermalink





(1) The conveyance of Cape Arago Light Station on Chief's Island by the Coast Guard shall be made on condition that the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians shall--CommentsClose CommentsPermalink





(A) use and make reasonable efforts to maintain the Cape Arago Light Station in accordance with the National Historic Preservation Act (16 U.S.C. 470 et seq.), the Secretary of the Interior's Standards for the Treatment of Historic Properties set forth in part 68 of title 36, Code of Federal Regulations, and other applicable laws, and submit any proposed changes to the Cape Arago Light Station for review and approval by the Secretary of the Interior in consultation with the Oregon State Historic Preservation Officer, for consistency with section 800.5(a)(2)(vii) of title 36, Code of Federal Regulations, and the Secretary of the Interior's Standards for Rehabilitation, set forth in part 67.7 of title 36, Code of Federal Regulations;CommentsClose CommentsPermalink





(B) make the Cape Arago Light Station available for education, park, recreation, cultural, or historic preservation purposes for the general public at reasonable times and under reasonable conditions;CommentsClose CommentsPermalink





(C) not sell, convey, assign, exchange, or encumber the Cape Arago Light Station, any part thereof, or any associated historic artifact conveyed in conjunction with the transfer under this section unless such sale, conveyance, assignment, exchange, or encumbrance is approved by Secretary of the Interior;CommentsClose CommentsPermalink





(D) not conduct any commercial activities at the Cape Arago Light Station, any part thereof, or in connection with any historic artifact conveyed in conjunction with the transfer under this section in any manner, unless such commercial activities are approved by the Secretary of the Interior; andCommentsClose CommentsPermalink





(E) allow the United States, at any time, to enter the Cape Arago Light Station without notice, for purposes of ensuring compliance with this section, to the extent that it is not possible to provide advance notice.CommentsClose CommentsPermalink





(2) The Cape Arago Light Station, or any associated historic artifact conveyed in conjunction with the transfer under this section, at the option of the Secretary of the Interior, shall revert to the United States and be placed under the administrative control of the Secretary of the Interior if the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians fail to meet any condition described in paragraph (1).CommentsClose CommentsPermalink





(f) TRIBAL FISHING RIGHTS- No fishing right of the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians in existence on the date of enactment of this Act shall be enlarged, impaired, or otherwise affected by the transfer under this section.CommentsClose CommentsPermalink

SEC. 904. DATA.

In each of fiscal years 2008 through 2010, there are authorized to be appropriated to the Administrator of the National Oceanic and Atmospheric Administration $7,000,000 to acquire through the use of unmanned aerial vehicles data to improve the management of natural disasters, the safety of marine and aviation transportation, and fisheries enforcement.CommentsClose CommentsPermalink

SEC. 905. EXTENSION.

Section 607 of the Coast Guard and Maritime Transportation Act of 2006 is amended--CommentsClose CommentsPermalink





(1) by adding at the end of subsection (c) the following: CommentsClose CommentsPermalink





`(3) UPDATE- One year after the date of the report required by paragraph (2), and annually thereafter until its termination, the Committee shall update its report to adjust priorities as necessary and include progress made on measures prioritized in the most recent report and submit the report to the entities referred to in paragraph (1).'; CommentsClose CommentsPermalink





(2) by striking `Chairman.' in subsection (d)(2) and inserting `Chairman, but not less than once every 90 days.'; CommentsClose CommentsPermalink





[Struck out->](1)[<-Struck out] (3) by striking `2007' in subsection (h) and inserting `2012'; andCommentsClose CommentsPermalink





(2[Struck out->](2)[<-Struck out] (4) by striking `terminate' and all that follows in subsection (i) and inserting `terminate on September 30, 2012.'.CommentsClose CommentsPermalink

SEC. 906. FORWARD OPERATING FACILITY.

Not later than 180 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating may construct or lease hangar, berthing, and messing facilities in the Aleutian Island-Bering Sea operating area. These facilities shall--CommentsClose CommentsPermalink





(1) support aircraft maintenance, including exhaust ventilation, heat, engine wash system, head facilities, fuel, ground support services, and electrical power; andCommentsClose CommentsPermalink





(2) shelter for both current helicopter assets and those projected to be located at Air Station Kodiak, Alaska for up to 20 years.CommentsClose CommentsPermalink

SEC. 907. ENCLOSED HANGAR AT AIR STATION BARBERS POINT, HAWAII.

Not later than 180 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating may construct an enclosed hangar at Air Station Barbers Point, Hawaii. The hangar shall--CommentsClose CommentsPermalink





(1) support aircraft maintenance, including exhaust ventilation, heat, engine wash system, head facilities, fuel, ground support services, and electrical power; andCommentsClose CommentsPermalink





(2) shelter all current aircraft assets and those projected to be located at Air Station Barbers Point, Hawaii, over the next 20 years.CommentsClose CommentsPermalink

SEC. 908. CONVEYANCE OF DECOMMISSIONED COAST GUARD CUTTER STORIS.

(a) In General- Upon the scheduled decommissioning of the Coast Guard Cutter STORIS, the Commandant of the Coast Guard shall convey, without consideration, all right, title, and interest of the United States in and to that vessel to the USCG Cutter STORIS Museum and Maritime Education Center, LLC, located in the State of Alaska if the recipient--CommentsClose CommentsPermalink





(1) agrees--CommentsClose CommentsPermalink





(A) to use the vessel for purposes of a museum and historical display;CommentsClose CommentsPermalink





(B) not to use the vessel for commercial transportation purposes;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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);CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(3) agrees to any other conditions the Commandant considers appropriate.CommentsClose CommentsPermalink





(b) Maintenance and Delivery of Vessel-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) DELIVERY- If a conveyance is made under this section, the Commandant shall deliver the vessel--CommentsClose CommentsPermalink





(A) at the place where the vessel is located; andCommentsClose CommentsPermalink





(B) without cost to the Government.CommentsClose CommentsPermalink





(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)).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 909. CONVEYANCE OF THE PRESQUE ISLE LIGHT STATION FRESNEL LENS TO PRESQUE ISLE TOWNSHIP, MICHIGAN.

(a) Conveyance of Lens Authorized-CommentsClose CommentsPermalink





(1) TRANSFER OF POSSESSION- Notwithstanding any other provision of law, the Commandant of the Coast Guard may transfer to Presque Isle Township, a township in Presque Isle County in the State of Michigan (in this section referred to as the `Township'), possession of the Historic Fresnel Lens (in this section referred to as the `Lens') from the Presque Isle Light Station Lighthouse, Michigan (in this section referred to as the `Lighthouse').CommentsClose CommentsPermalink





(2) CONDITION- As a condition of the transfer of possession authorized by paragraph (1), the Township shall, not later than one year after the date of transfer, install the Lens in the Lighthouse for the purpose of operating the Lens and Lighthouse as a Class I private aid to navigation pursuant to section 85 of title 14, United States Code, and the applicable regulations under that section.CommentsClose CommentsPermalink





(3) CONVEYANCE OF LENS- Upon the certification of the Commandant that the Township has installed the Lens in the Lighthouse and is able to operate the Lens and Lighthouse as a private aid to navigation as required by paragraph (2), the Commandant shall convey to the Township all right, title, and interest of the United States in and to the Lens.CommentsClose CommentsPermalink





(4) CESSATION OF UNITED STATES OPERATIONS OF AIDS TO NAVIGATION AT LIGHTHOUSE- Upon the making of the certification described in paragraph (3), all active Federal aids to navigation located at the Lighthouse shall cease to be operated and maintained by the United States.CommentsClose CommentsPermalink





(b) Reversion-CommentsClose CommentsPermalink





(1) REVERSION FOR FAILURE OF AID TO NAVIGATION- If the Township does not comply with the condition set forth in subsection (a)(2) within the time specified in that subsection, the Township shall, except as provided in paragraph (2), return the Lens to the Commandant at no cost to the United States and under such conditions as the Commandant may require.CommentsClose CommentsPermalink





(2) EXCEPTION FOR HISTORICAL PRESERVATION- Notwithstanding the lack of compliance of the Township as described in paragraph (1), the Township may retain possession of the Lens for installation as an artifact in, at, or near the Lighthouse upon the approval of the Commandant. The Lens shall be retained by the Township under this paragraph under such conditions for the preservation and conservation of the Lens as the Commandant shall specify for purposes of this paragraph. Installation of the Lens under this paragraph shall occur, if at all, not later than two years after the date of the transfer of the Lens to the Township under subsection (a)(1).CommentsClose CommentsPermalink





(3) REVERSION FOR FAILURE OF HISTORICAL PRESERVATION- If retention of the Lens by the Township is authorized under paragraph (2) and the Township does not install the Lens in accordance with that paragraph within the time specified in that paragraph, the Township shall return the lens to the Coast Guard at no cost to the United States and under such conditions as the Commandant may require.CommentsClose CommentsPermalink





(c) Conveyance of Additional Personal Property-CommentsClose CommentsPermalink





(1) TRANSFER AND CONVEYANCE OF PERSONAL PROPERTY- Notwithstanding any other provision of law, the Commandant may transfer to the Township any additional personal property of the United States related to the Lens that the Commandant considers appropriate for conveyance under this section. If the Commandant conveys the Lens to the Township under subsection (a)(3), the Commandant may convey to the Township any personal property previously transferred to the Township under this subsection.CommentsClose CommentsPermalink





(2) REVERSION- If the Lens is returned to the Coast Guard pursuant to subsection (b), the Township shall return to the Coast Guard all personal property transferred or conveyed to the Township under this subsection except to the extent otherwise approved by the Commandant.CommentsClose CommentsPermalink





(d) Conveyance Without Consideration- The conveyance of the Lens and any personal property under this section shall be without consideration.CommentsClose CommentsPermalink





(e) Delivery of Property- The Commandant shall deliver property conveyed under this section--CommentsClose CommentsPermalink





(1) at the place where such property is located on the date of the conveyance;CommentsClose CommentsPermalink





(2) in condition on the date of conveyance; andCommentsClose CommentsPermalink





(3) without cost to the United States.CommentsClose CommentsPermalink





(f) Maintenance of Property- As a condition of the conveyance of any property to the Township under this section, the Commandant shall enter into an agreement with the Township under which the Township agrees--CommentsClose CommentsPermalink





(1) to operate the Lens as a Class I private aid to navigation under section 85 of title 14, United States Code, and application regulations under that section; andCommentsClose CommentsPermalink





(2) to hold the United States harmless for any claim arising with respect to personal property conveyed under this section.CommentsClose CommentsPermalink





(g) Limitation on Future Conveyance- The instruments providing for the conveyance of property under this section shall--CommentsClose CommentsPermalink





(1) require that any further conveyance of an interest in such property may not be made without the advance approval of the Commandant; andCommentsClose CommentsPermalink





(2) provide that, if the Commandant determines that an interest in such property was conveyed without such approval--CommentsClose CommentsPermalink





(A) all right, title, and interest in such property shall revert to the United States, and the United States shall have the right to immediate possession of such property; andCommentsClose CommentsPermalink





(B) the recipient of such property shall pay the United States for costs incurred by the United States in recovering such property.CommentsClose CommentsPermalink





(h) Additional Terms and Conditions- The Commandant may require such additional terms and conditions in connection with the conveyances authorized by this section as the Commandant considers appropriate to protect the interests of the United States.CommentsClose CommentsPermalink

SEC. 910. REPEALS.

The following sections are repealed:CommentsClose CommentsPermalink





(1) Section 689 of title 14, United States Code, and the item relating to such section in the analysis for chapter 18 of such title.CommentsClose CommentsPermalink





(2) Section 216 of title 14, United States Code, and the item relating to such section in the analysis for chapter 11 of such title.CommentsClose CommentsPermalink

SEC. 911. REPORT ON SHIP TRAFFIC.

(a) REPORT- No later than 1 year after the date of enactment of this Act and annually thereafter, the Secretary of the department in which the Coast Guard is operating shall provide a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure on the volume of foreign flag ships entering waters subject to the jurisdiction of the United States. The report may be submitted in classified format if the Secretary deems it to be necessary for national security.CommentsClose CommentsPermalink





(b) CONTENTS- The report shall include a breakdown of the number or percentage of such foreign flag ships that--CommentsClose CommentsPermalink





(1) enter a United States port or place;CommentsClose CommentsPermalink





(2) do not enter a United States port or place but pass through the territorial sea of the United States; orCommentsClose CommentsPermalink





(3) do not enter a United States port or place but pass only through the exclusive economic zone of the United States.CommentsClose CommentsPermalink





(c) DEFINITIONS- In this section:CommentsClose CommentsPermalink





(1) EXCLUSIVE ECONOMIC ZONE- The term `exclusive economic zone' means the Exclusive Economic Zone of the United States established by Proclamation Number 5030, dated March 10, 1983 (16 U.S.C. 1453 note).CommentsClose CommentsPermalink





(2) TERRITORIAL SEA- The term `territorial sea' means the waters of the Territorial Sea of the United States under Presidential Proclamation 5928, dated December 27, 1988 (43 U.S.C. 1331 note).CommentsClose CommentsPermalink

SEC. 912. SMALL VESSEL EXCEPTION FROM DEFINITION OF FISH PROCESSING VESSEL.

Section 2101(11b) of title 46, United States Code, is amended by striking `chilling.' and inserting `chilling, but does not include a fishing vessel operating in Alaskan waters under a permit or license issued by Alaska that--CommentsClose CommentsPermalink





(A) fillets only salmon taken by that vessel;CommentsClose CommentsPermalink





(B) fillets less than 5 metric tons of such salmon during any 7-day period.'.CommentsClose CommentsPermalink

SEC. 913. RIGHT OF FIRST REFUSAL FOR COAST GUARD PROPERTY ON JUPITER ISLAND, FLORIDA.

(a) RIGHT OF FIRST REFUSAL- Notwithstanding any other law (other than this section), the Town of Jupiter Island, Florida, shall have the right of first refusal to select and take without consideration fee simple title to real property within the jurisdiction of the Town comprising Parcel #35-38-42-004-000-02590-6 (Bon Air Beach lots 259 and 260 located at 83 North Beach Road) and Parcel #35-38-42-004-000-02610-2 (Bon Air Beach lots 261 to 267), including any improvements thereon that are not authorized or required by another provision of law to be conveyed to another person.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) LIMITATION- The property referred to in subsection (a) may not be conveyed under that subsection until the Commandant of the Coast Guard determines that the property is not needed to carry out Coast Guard operations.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(f) IMPLEMENTATION- The Commandant of the Coast Guard shall upon request by the Town--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(2) convey the property to the Town subject to subsections (d) and (e).CommentsClose CommentsPermalink

SEC. 914. SHIP DISPOSAL WORKING GROUP.

(a) IN GENERAL- Within 30 days after the date of enactment of this Act, the Secretary of Transportation shall convene a working group, composed of senior representatives from the Maritime Administration, the Coast Guard, the Environmental Protection Agency, the National Oceanic and Atmospheric Administration, and the United States Navy. The Secretary may request the participation of senior representatives of any other Federal department or agency, as appropriate, and shall consult with appropriate State environmental agencies. The working group shall review and make recommendations on environmental practices for the storage and disposal of obsolete vessels owned or operated by the Federal Government.CommentsClose CommentsPermalink





(b) SCOPE- Among the vessels to be considered by the working group are Federally owned or operated vessels that are--CommentsClose CommentsPermalink





(A) to be scrapped or recycled;CommentsClose CommentsPermalink





(B) to be used as artificial reefs; orCommentsClose CommentsPermalink





(C) to be used for the Navy's SINKEX program.CommentsClose CommentsPermalink





(c) PURPOSE- The working group shall--CommentsClose CommentsPermalink





(1) examine current storage and disposal policies, procedures, and practices for obsolete vessels owned or operated by Federal agencies;CommentsClose CommentsPermalink





(2) examine Federal and State laws and regulations governing such policies, procedures, and practices and any applicable environmental laws; andCommentsClose CommentsPermalink





(3) within 90 days after the date of enactment of this Act, submit a plan to the Senate Committee on Commerce, Science, and Transportation, the Senate Committee on Environment and Public Works, and the House of Representatives Committee on Armed Services to improve and harmonize practices for storage and disposal of such vessels, including the interim transportation of such vessels.CommentsClose CommentsPermalink





(d) CONTENTS OF PLAN- The working group shall include in the plan submitted under subsection (c)(3)--CommentsClose CommentsPermalink





(1) a description of existing measures for the storage, disposal, and interim transportation of obsolete vessels owned or operated by Federal agencies in compliance with Federal and State environmental laws in a manner that protects the environment;CommentsClose CommentsPermalink





(2) a description of Federal and State laws and regulations governing current policies, procedures, and practices for the storage, disposal, and interim transportation of such vessels;CommentsClose CommentsPermalink





(3) recommendations for environmental best practices that meet or exceed, and harmonize, the requirements of Federal environmental laws and regulations applicable to the storage, disposal, and interim transportation of such vessels;CommentsClose CommentsPermalink





(4) recommendations for environmental best practices that meet or exceed the requirements of State laws and regulations applicable to the storage, disposal, and interim transportation of such vessels;CommentsClose CommentsPermalink





(5) procedures for the identification and remediation of any environmental impacts caused by the storage, disposal, and interim transportation of such vessels; andCommentsClose CommentsPermalink





(6) recommendations for necessary steps, including regulations if appropriate, to ensure that best environmental practices apply to all such vessels.CommentsClose CommentsPermalink





(e) Implementation of Plan-CommentsClose CommentsPermalink





(1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the head of each Federal department or agency participating in the working group, in consultation with the other Federal departments and agencies participating in the working group, shall take such action as may be necessary, including the promulgation of regulations, under existing authorities to ensure that the implementation of the plan provides for compliance with all Federal and State laws and for the protection of the environment in the storage, interim transportation, and disposal of obsolete vessels owned or operated by Federal agencies.CommentsClose CommentsPermalink





(2) ARMED SERVICES VESSELS- The Secretary and the Secretary of Defense, in consultation with the Administrator of the Environmental Protection Agency, shall each ensure that environmental best practices are observed with respect to the storage, disposal, and interim transportation of obsolete vessels owned or operated by the Department of Defense.CommentsClose CommentsPermalink





(f) RULE OF CONSTRUCTION- Nothing in this section shall be construed to supersede, limit, modify, or otherwise affect any other provision of law, including environmental law.CommentsClose CommentsPermalink

SEC. 915. FULL MULTI-MISSION RESPONSE STATION IN VALDEZ, ALASKA.

Not later than 180 days after the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating may construct a full multi-mission Coast Guard Response Station in Valdez, Alaska. The Station shall include shore and maintenance infrastructure facilities to support all current and projected Coast Guard waterborne security forces to be located in Valdez, Alaska, over the next 20 years.CommentsClose CommentsPermalink

SEC. 916. PROTECTION AND FAIR TREATMENT OF SEAFARERS.

(a) IN GENERAL- Chapter 5 of title 14, United States Code, is amended by inserting after section 89 the following:CommentsClose CommentsPermalink

`Sec. 89a. Protection and fair treatment of seafarers

`(a) AUTHORITY OF THE SECRETARY-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Secretary is authorized--CommentsClose CommentsPermalink





`(A) to require a bond or surety satisfactory as an alternative to withholding or revoking clearance required under section 60105 of title 46 if, in the opinion of the Secretary, such bond or surety satisfactory is necessary to facilitate an investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of any treaty, law, or regulation by the Coast Guard, provided that corporate sureties underwriting any such bonds be certified by the Department of the Treasury to write Federal bonds under sections 9304 and 9305 of title 31;CommentsClose CommentsPermalink





`(B) at the discretion of the Secretary, to pay, in whole or in part, without further appropriation and without fiscal year limitation, from amounts in the Fund, necessary support of--CommentsClose CommentsPermalink





`(i) any seafarer who enters, remains, or has been paroled into the United States and is involved in an investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of any treaty, law, or regulation by the Coast Guard; andCommentsClose CommentsPermalink





`(ii) any seafarer whom the Secretary finds to have been abandoned in the United States; andCommentsClose CommentsPermalink





`(C) at the sole discretion of the Secretary, to reimburse, in whole or in part, without further appropriation and without fiscal year limitation, from amounts in the Fund, a shipowner, who has filed a bond or surety satisfactory pursuant to subparagraph (A) of this paragraph and provided necessary support of a seafarer who has been paroled into the United States to facilitate an investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of any treaty, law, or regulation by the Coast Guard, for costs of necessary support, when the Secretary deems reimbursement necessary to avoid serious injustice.CommentsClose CommentsPermalink





`(2) APPLICATION- The authority to require a bond or a surety satisfactory or to request the withholding or revocation of the clearance required under section 60105 of title 46 is applicable to any investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of any treaty, law, or regulation by the Coast Guard.CommentsClose CommentsPermalink





`(3) LIMITATIONS- Nothing in this section shall be construed--CommentsClose CommentsPermalink





`(A) to create a right, benefit, or entitlement to necessary support; orCommentsClose CommentsPermalink





`(B) to compel the Secretary to pay, or reimburse the cost of, necessary support.CommentsClose CommentsPermalink





`(b) Fund-CommentsClose CommentsPermalink





`(1) IN GENERAL- There is established in the Treasury a special fund known as the `Support of Seafarers Fund'.CommentsClose CommentsPermalink





`(2) AVAILABILITY- The amounts covered into the Fund shall be available to the Secretary, without further appropriation and without fiscal year limitation--CommentsClose CommentsPermalink





`(A) to pay necessary support, pursuant to subsection (a)(1)(B) of this section; andCommentsClose CommentsPermalink





`(B) to reimburse a shipowner for necessary support, pursuant to subsection (a)(1)(C) of this section.CommentsClose CommentsPermalink





`(3) RECEIPTS- Notwithstanding any other provision of law, the Fund shall be authorized to receive--CommentsClose CommentsPermalink





`(A) amounts reimbursed or recovered pursuant to subsection (c) of this section;CommentsClose CommentsPermalink





`(B) amounts appropriated to the Fund pursuant to subsection (f) of this section; andCommentsClose CommentsPermalink





`(C) appropriations available to the Secretary for transfer.CommentsClose CommentsPermalink





`(4) LIMITATION ON CERTAIN CREDITS- The Fund may receive credits pursuant to paragraph (3)(A) of this subsection only when the unobligated balance of the Fund is less than $5,000,000.CommentsClose CommentsPermalink





`(5) Report required-CommentsClose CommentsPermalink





`(A) Except as provided in subparagraph (B) of this paragraph, the Secretary shall not obligate any amount in the Fund in a given fiscal year unless the Secretary has submitted to Congress, concurrent with the President's budget submission for that fiscal year, a report that describes--CommentsClose CommentsPermalink





`(i) the amounts credited to the Fund, pursuant to paragraph (3) of this section, for the preceding fiscal year;CommentsClose CommentsPermalink





`(ii) a detailed description of the activities for which amounts were charged; andCommentsClose CommentsPermalink





`(iii) the projected level of expenditures from the Fund for the coming fiscal year, based on--CommentsClose CommentsPermalink





`(I) on-going activities; andCommentsClose CommentsPermalink





`(II) new cases, derived from historic data.CommentsClose CommentsPermalink





`(B) The limitation in subparagraph (A) of this paragraph shall not apply to obligations during the first fiscal year during which amounts are credited to the Fund.CommentsClose CommentsPermalink





`(6) FUND MANAGER- The Secretary shall designate a Fund manager, who shall--CommentsClose CommentsPermalink





`(A) ensure the visibility and accountability of transactions utilizing the Fund;CommentsClose CommentsPermalink





`(B) prepare the report required pursuant to paragraph (5) of this subsection; andCommentsClose CommentsPermalink





`(C) monitor the unobligated balance of the Fund and provide notice to the Secretary and the Attorney General whenever the unobligated balance of the Fund is less than $5,000,000.CommentsClose CommentsPermalink





`(c) REIMBURSEMENTS--CommentsClose CommentsPermalink





`(1) RECOVERY- Any shipowner--CommentsClose CommentsPermalink





`(A)(i) who, during the course of an investigation, reporting, documentation, or adjudication of any matter that the Coast Guard referred to a United States Attorney or the Attorney General, fails to provide necessary support of a seafarer who has been paroled into the United States to facilitate the investigation, reporting, documentation, or adjudication, andCommentsClose CommentsPermalink





`(ii) against whom a criminal penalty is subsequently imposed, orCommentsClose CommentsPermalink





`(B) who, under any circumstance, abandons a seafarer in the United States, as determined by the Secretary,CommentsClose CommentsPermalink





shall reimburse the Fund an amount equal to the total amount paid from the Fund for necessary support of the seafarer, plus a surcharge of 25 per cent of such total amount.CommentsClose CommentsPermalink





`(2) ENFORCEMENT- If a shipowner fails to reimburse the Fund as required under paragraph (1) of this subsection, the Secretary may--CommentsClose CommentsPermalink





`(A) proceed in rem against any vessel of the shipowner in the Federal district court for the district in which such vessel is found; andCommentsClose CommentsPermalink





`(B) withhold or revoke the clearance, required by section 60105 of title 46, of any vessel of the shipowner wherever such vessel is found.CommentsClose CommentsPermalink





`(3) CLEARANCE- Whenever clearance is withheld or revoked pursuant to paragraph (2)(B) of this subsection, clearance may be granted if the shipowner reimburses the Fund the amount required under paragraph (1) of this subsection.CommentsClose CommentsPermalink





`(d) DEFINITIONS- In this section:CommentsClose CommentsPermalink





`(1) ABANDONS; ABANDONED- The term `abandons' or `abandoned' means a shipowner's unilateral severance of ties with a seafarer or the shipowner's failure to provide necessary support of a seafarer;CommentsClose CommentsPermalink





`(2) BOND OR SURETY SATISFACTORY- The term `bond or surety satisfactory' means a negotiated instrument, the terms of which may, at the discretion of the Secretary, include provisions that require the shipowner to--CommentsClose CommentsPermalink





`(A) provide necessary support of a seafarer who has or may have information pertinent to an investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of any treaty, law, or regulation by the Coast Guard;CommentsClose CommentsPermalink





`(B) facilitate an investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of any treaty, law, or regulation by the Coast Guard;CommentsClose CommentsPermalink





`(C) stipulate to certain incontrovertible facts, including, but not limited to, the ownership or operation of the vessel, or the authenticity of documents and things from the vessel;CommentsClose CommentsPermalink





`(D) facilitate service of correspondence and legal papers;CommentsClose CommentsPermalink





`(E) enter an appearance in Federal district court;CommentsClose CommentsPermalink





`(F) comply with directions regarding payment of funds;CommentsClose CommentsPermalink





`(G) name an agent in the United States for service of process;CommentsClose CommentsPermalink





`(H) make stipulations as to the authenticity of certain documents in Federal district court;CommentsClose CommentsPermalink





`(I) provide assurances that no discriminatory or retaliatory measures will be taken against a seafarer involved in an investigation, reporting, documentation, or adjudication of any matter that is related to the administration or enforcement of any treaty, law, or regulation by the Coast Guard;CommentsClose CommentsPermalink





`(J) provide financial security in the form of cash, bond, or other means acceptable to the Secretary; andCommentsClose CommentsPermalink





`(K) provide for any other appropriate measures as the Secretary deems necessary to ensure the Government is not prejudiced by granting the clearance required by section 60105 of title 46.CommentsClose CommentsPermalink





`(3) FUND- The term `Fund' means the Support of Seafarers Fund, established by subsection (b);CommentsClose CommentsPermalink





`(4) NECESSARY SUPPORT- The term `necessary support' means normal wages, lodging, subsistence, clothing, medical care (including hospitalization), repatriation, and any other expense the Secretary deems appropriate;CommentsClose CommentsPermalink





`(5) SEAFARER- The term `seafarer' means an alien crewman who is employed or engaged in any capacity on board a vessel subject to the jurisdiction of the United States;CommentsClose CommentsPermalink





`(6) SHIPOWNER- The term `shipowner' means the individual or entity that owns, has an ownership interest in, or operates a vessel subject to the jurisdiction of the United States;CommentsClose CommentsPermalink





`(7) VESSEL SUBJECT TO THE JURISDICTION OF THE UNITED STATES- The term `vessel subject to the jurisdiction of the United States' has the same meaning it has in section 70502(c) of title 46, except that it excludes a vessel owned or bareboat chartered and operated by the United States, by a State or political subdivision thereof, or by a foreign nation, except when such vessel is engaged in commerce.CommentsClose CommentsPermalink





`(e) REGULATIONS- The Secretary is authorized to promulgate regulations to implement this subsection.CommentsClose CommentsPermalink





`(f) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Fund $1,500,000 for each of fiscal years 2009, 2010, and 2011.'.CommentsClose CommentsPermalink





(b) CLERICAL AMENDMENT- The chapter analysis for chapter 5 of such title is amended by inserting after the item relating to section 89 the following:CommentsClose CommentsPermalink





`89a. Protection and fair treatment of seafarers.'.CommentsClose CommentsPermalink

SEC. 917. ICEBREAKERS.

(a) IN GENERAL- The Secretary of the department in which the Coast Guard is operating shall acquire or construct 2 polar icebreakers for operation by the Coast Guard in addition to its existing fleet of polar icebreakers.CommentsClose CommentsPermalink





(b) NECESSARY MEASURES- The Secretary shall take all necessary measures, including the provision of necessary operation and maintenance funding, to ensure that--CommentsClose CommentsPermalink





(1) the Coast Guard maintains, at a minimum, its current vessel capacity for carrying out ice breaking in the Arctic and Antarctic, Great Lakes, and New England regions; andCommentsClose CommentsPermalink





(2) any such vessels that are not fully operational are brought up to, and maintained at full operational capability.CommentsClose CommentsPermalink





(c) REIMBURSEMENT- Nothing in this section shall preclude the Secretary from seeking reimbursement for operation and maintenance costs of such polar icebreakers from other Federal agencies and entities, including foreign countries, that benefit from the use of the icebreakers.CommentsClose CommentsPermalink





(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated for fiscal year 2008 to the Secretary of the department in which the Coast Guard is operating such sums as may be necessary to acquire the icebreakers authorized by subsection (a), as well as maintaining and operating the icebreaker fleet as authorized in subsection (b).CommentsClose CommentsPermalink

SEC. 918. FUR SEAL ACT AUTHORIZATION.

Section 206(c)(1) of the Fur Seal Act of 1966 (16 U.S.C. 1166(c)(1)) is amended by striking `and 2007' and inserting `2007, 2008, and 2009'.CommentsClose CommentsPermalink

SEC. 919. STUDY OF RELOCATION OF COAST GUARD SECTOR BUFFALO FACILITIES.

(a) Purposes- The purposes of this section are--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(2) to obtain a preliminary plan for the design, engineering, and construction for the consolidation of Coast Guard facilities at Sector Buffalo; andCommentsClose CommentsPermalink





(3) to distinguish what Federal lands, if any, shall be identified as excess after the consolidation.CommentsClose CommentsPermalink





(b) Definitions- In this section:CommentsClose CommentsPermalink





(1) COMMANDANT- The term `Commandant' means the Commandant of the Coast Guard.CommentsClose CommentsPermalink





(2) SECTOR BUFFALO- The term `Sector Buffalo' means Coast Guard Sector Buffalo of the Ninth Coast Guard District.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Study-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) REQUIREMENTS- The project proposal report shall--CommentsClose CommentsPermalink





(A) evaluate the most cost-effective method for providing shore facilities to meet the operational requirements of Sector Buffalo;CommentsClose CommentsPermalink





(B) determine the feasibility of consolidating and relocating shore facilities on a portion of the existing site, while--CommentsClose CommentsPermalink





(i) meeting the operational requirements of Sector Buffalo; andCommentsClose CommentsPermalink





(ii) allowing the expansion of operational requirements of Sector Buffalo; andCommentsClose CommentsPermalink





(C) contain a preliminary plan for the design, engineering, and construction of the proposed project, including--CommentsClose CommentsPermalink





(i) the estimated cost of the design, engineering, and construction of the proposed project;CommentsClose CommentsPermalink





(ii) an anticipated timeline of the proposed project; andCommentsClose CommentsPermalink





(iii) a description of what Federal lands, if any, shall be considered excess to Coast Guard needs.CommentsClose CommentsPermalink





(d) Limitation- Nothing in this section shall affect the current administration and management of the study area.CommentsClose CommentsPermalink

SEC. 920. CONVEYANCE OF POINT NO POINT HISTORIC LIGHTHOUSE TO KITSAP COUNTY, WASHINGTON.

[Struck out->]SEC. 920. [<-Struck out] SEC. 923. INSPECTOR GENERAL REPORT ON COAST GUARD DIVE PROGRAM.

(a) INSPECTOR GENERAL REPORT- Within 1 year after the date of enactment of this Act, the Inspector General of the Department of Homeland Security shall submit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure on the circumstances surrounding the accidental death of Coast Guard crew members on a training dive while serving aboard the Coast Guard icebreaker HEALY on August 17, 2006. The Inspector General shall include in the report--CommentsClose CommentsPermalink





(1) a description of programmatic changes made by the Coast Guard in its dive program in response to the accident;CommentsClose CommentsPermalink





(2) an evaluation of whether those changes are effective and are sufficient to prevent similar accidents; andCommentsClose CommentsPermalink





(3) recommendations for further improvement in the safety of the dive program.CommentsClose CommentsPermalink





(b) HILL-DUQUE COAST GUARD DIVE PROGRAM REPORT- Within 6 months after the date of enactment of this Act, the Inspector General shall submit an interim report to the Committees describing the progress made in preparing the report required by subsection (a).CommentsClose CommentsPermalink