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Text of H.R.2830
HR 2830
April 28, 2008
Received; read twice and placed on the calendar
To authorize appropriations for the Coast Guard for fiscal year 2008, to amend the Immigration and Nationality Act and title 18, United States Code, to combat the crime of alien smuggling and related activities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions- This Act is organized into two divisions as follows:
(1) Division A--Coast Guard Authorization Act of 2008.
(2) Division B--Alien Smuggling and Terrorism Prevention Act of 2008.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Organization of Act into divisions; table of contents.
DIVISION A--COAST GUARD AUTHORIZATION ACT OF 2008
TITLE I--AUTHORIZATION
Sec. 100. Short title.
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Transfer of bridge administration program authority and functions.
TITLE II--COAST GUARD
Sec. 201. Appointment of civilian Coast Guard judges.
Sec. 202. Industrial activities.
Sec. 203. Reimbursement for medical-related travel expenses.
Sec. 204. Commissioned officers.
Sec. 205. Coast Guard participation in the Armed Forces Retirement Home (AFRH) system.
Sec. 206. Grants to international maritime organizations.
Sec. 207. Emergency leave retention authority.
Sec. 208. Enforcement authority.
Sec. 209. Repeal.
Sec. 210. Admirals and Vice Admirals.
Sec. 211. Merchant Mariner Medical Advisory Committee.
Sec. 212. Reserve commissioned warrant officer to lieutenant program.
Sec. 213. Enhanced status quo officer promotion system.
Sec. 214. Laser Training System.
Sec. 215. Coast Guard vessels and aircraft.
Sec. 216. Coast Guard District Ombudsmen.
Sec. 217. Ensuring contracting with small business concerns and disadvantaged business concerns.
Sec. 218. Assistant Commandant for Port and Waterway Security.
Sec. 219. Small business procurements.
Sec. 220. Enforcement of coastwise trade laws.
Sec. 221. Nomination and appointment of cadets at the Coast Guard Academy.
Sec. 222. Policy on sexual harassment and sexual violence at the Coast Guard Academy.
Sec. 223. Home port of Coast Guard vessels in Guam.
TITLE III--SHIPPING AND NAVIGATION
Sec. 301. Vessel size limits.
Sec. 302. Goods and services.
Sec. 303. Seaward extension of anchorage grounds jurisdiction.
Sec. 304. Maritime Drug Law Enforcement Act amendment-simple possession.
Sec. 305. Technical amendments to tonnage measurement law.
Sec. 306. Cold weather survival training.
Sec. 307. Fishing vessel safety.
Sec. 308. Mariner records.
Sec. 309. Deletion of exemption of license requirement for operators of certain towing vessels.
Sec. 310. Adjustment of liability limits for natural gas deepwater ports.
Sec. 311. Period of limitations for claims against Oil Spill Liability Trust Fund.
Sec. 312. Log books.
Sec. 313. Unsafe operation.
Sec. 314. Approval of survival craft.
Sec. 315. Safety management.
Sec. 316. Protection against discrimination.
Sec. 317. Dry bulk cargo residue.
Sec. 318. Oil fuel tank protection.
Sec. 319. Registry endorsement for LNG vessels.
Sec. 320. Oaths.
Sec. 321. Duration of credentials.
Sec. 322. Fingerprinting.
Sec. 323. Authorization to extend the duration of licenses, certificates of registry, and merchant mariners' documents.
Sec. 324. Merchant mariner documentation.
Sec. 325. Merchant mariner assistance report.
Sec. 326. Merchant mariner shortage report.
Sec. 327. Merchant mariner document standards.
Sec. 328. Report on Coast Guard determinations.
Sec. 329. Pilot required.
Sec. 330. Offshore supply vessels.
Sec. 331. Recreational vessel operator education and training.
Sec. 332. Ship emission reduction technology demonstration project.
Sec. 333. Delegation of authority to classification societies regarding offshore facilities.
Sec. 334. Requirement for pilots to carry and utilize portable electronic navigational device.
TITLE IV--MISCELLANEOUS PROVISIONS
Sec. 401. Certificate of documentation for GALLANT LADY.
Sec. 402. Waiver.
Sec. 403. Great Lakes Maritime Research Institute.
Sec. 404. Conveyance.
Sec. 405. Crew wages on passenger vessels.
Sec. 406. Technical corrections.
Sec. 407. Conveyance of decommissioned Coast Guard Cutter STORIS.
Sec. 408. Repeal of requirement of license for employment in the business of salvaging on the coast of Florida.
Sec. 409. Right-of-first-refusal for Coast Guard property on Jupiter Island, Florida.
Sec. 410. Conveyance of Coast Guard HU-25 Falcon Jet aircraft.
Sec. 411. Decommissioned Coast Guard vessels for Haiti.
Sec. 412. Extension of period of operation of vessel for setting, relocation, or recovery of anchors or other mooring equipment.
Sec. 413. Vessel traffic risk assessments.
Sec. 414. Vessel MARYLAND INDEPENDENCE.
Sec. 415. Study of relocation of Coast Guard Sector Buffalo facilities.
Sec. 416. Conveyance of Coast Guard vessel to Coahoma County, Mississippi.
Sec. 417. Conveyance of Coast Guard vessel to Warren County, Mississippi.
Sec. 418. Conveyance of Coast Guard vessel to Washington County, Mississippi.
Sec. 419. Coast Guard assets for United States Virgin Islands.
Sec. 420. Conveyance of the Presque Isle Light Station fresnel lens to Presque Isle Township, Michigan.
Sec. 421. Fishing in South Pacific tuna treaty convention area.
Sec. 422. Assessment of needs for additional Coast Guard presence in high latitude regions.
Sec. 423. Study of regional response vessel and salvage capability for Olympic Peninsula coast, Washington.
Sec. 424. Report on projected workload at the Coast Guard Yard in Curtis Bay, Maryland.
Sec. 425. Study of bridges over navigable waters.
Sec. 426. Limitation on jurisdiction of States to tax certain seamen.
Sec. 427. Decommissioned Coast Guard vessels for Bermuda.
Sec. 428. Recreational marine industry.
Sec. 429. Conveyance of Coast Guard vessels to Nassau County, New York.
Sec. 430. Newtown Creek, New York City, New York.
Sec. 431. Land conveyance, Coast Guard property in Marquette County, Michigan, to the City of Marquette, Michigan.
TITLE V--BALLAST WATER TREATMENT
Sec. 501. Short title.
Sec. 502. Declaration of goals and purposes.
Sec. 503. Ballast water management.
Sec. 504. National ballast water management information.
Sec. 505. Ballast water management evaluation and demonstration program.
Sec. 506. Rapid response plan.
Sec. 507. Authorization of appropriations.
TITLE VI--MARITIME POLLUTION PREVENTION
Sec. 601. Short title.
Sec. 602. References.
Sec. 603. Definitions.
Sec. 604. Applicability.
Sec. 605. Administration and enforcement.
Sec. 606. Certificates.
Sec. 607. Reception facilities.
Sec. 608. Inspections.
Sec. 609. Amendments to the protocol.
Sec. 610. Penalties.
Sec. 611. Effect on other laws.
TITLE VII--PORT SECURITY
Sec. 701. Maritime homeland security public awareness program.
Sec. 702. Transportation Worker Identification Credential.
Sec. 703. Study to identify redundant background records checks.
Sec. 704. Review of interagency operational centers.
Sec. 705. Maritime security response teams.
Sec. 706. Coast Guard detection canine team program expansion.
Sec. 707. Coast Guard port assistance program.
Sec. 708. Maritime biometric identification.
Sec. 709. Review of potential threats.
Sec. 710. Port security pilot.
Sec. 711. Advance notice of port arrival of significant or fatal incidents involving U.S. persons.
Sec. 712. Safety and security assistance for foreign ports.
Sec. 713. Seasonal workers.
Sec. 714. Comparative risk assessment of vessel-based and facility-based liquefied natural gas regasification processes.
Sec. 715. Pilot Program for fingerprinting of maritime workers.
Sec. 716. Transportation security cards on vessels.
Sec. 717. International labor study.
Sec. 718. Maritime security advisory committees.
Sec. 719. Seamen's shoreside access.
Sec. 720. Waterside security around liquefied natural gas terminals and liquefied natural gas tankers.
Sec. 721. Review of Liquefied Natural Gas Facilities.
Sec. 722. Use of secondary authentication for transportation security cards.
Sec. 723. Report on State and local law enforcement augmentation of Coast Guard resources with respect to security zones and United States ports.
Sec. 724. Assessment of transportation security card enrollment sites.
TITLE VIII--COAST GUARD INTEGRATED DEEPWATER PROGRAM
Sec. 801. Short title.
Sec. 802. Implementation of Coast Guard Integrated Deepwater Acquisition Program.
Sec. 803. Chief Acquisition Officer.
Sec. 804. Testing and certification.
Sec. 805. National Security Cutters.
Sec. 806. Miscellaneous reports.
Sec. 807. Use of the Naval Sea Systems Command, the Naval Air Systems Command, and the Space and Naval Warfare Systems Command to assist the Coast Guard in exercising technical authority for the Deepwater Program and other Coast Guard acquisition programs.
Sec. 808. Definitions.
TITLE IX--MINORITY SERVING INSTITUTIONS
Sec. 901. MSI Management Internship Program.
Sec. 902. MSI initiatives.
Sec. 903. Coast Guard-MSI Cooperative Technology Program.
Sec. 904. Definition.
TITLE X--APPEALS TO NATIONAL TRANSPORTATION SAFETY BOARD
Sec. 1001. Rights of appeal regarding licenses, certificates of registry, and merchant mariners' documents.
Sec. 1002. Authorities of National Transportation Safety Board.
Sec. 1003. Transfer of pending appeals to the National Transportation Safety Board.
Sec. 1004. Rulemaking requirements.
Sec. 1005. Administrative Law Judge recruiting program.
TITLE XI--MARINE SAFETY
Sec. 1101. Marine safety.
Sec. 1102. Marine safety staff.
Sec. 1103. Marine safety mission priorities and long term goals.
Sec. 1104. Powers and duties.
Sec. 1105. Appeals and waivers.
Sec. 1106. Coast Guard Academy.
Sec. 1107. Geographic stability.
Sec. 1108. Apprentice program.
Sec. 1109. Report regarding civilian marine inspectors.
TITLE XII--ADDITIONAL MISCELLANEOUS PROVISIONS
Sec. 1201. Mission requirement analysis for navigable portions of the Rio Grande River, Texas, international water boundary.
Sec. 1202. Operation of submersible or semi-submersible vessel without nationality.
Sec. 1203. Legal authority of the coast guard to carry out its homeland security missions not impaired.
DIVISION B--ALIEN SMUGGLING AND TERRORISM PREVENTION ACT OF 2008
Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Checks against terrorist watchlist.
Sec. 104. Strengthening prosecution and punishment of alien smugglers.
Sec. 105. Maritime law enforcement.
Sec. 106. Amendment to the sentencing guidelines.
DIVISION A--COAST GUARD AUTHORIZATION ACT OF 2008
TITLE I--AUTHORIZATION
SEC. 100. SHORT TITLE.
This division may be cited as the `Coast Guard Authorization Act of 2008'.
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for fiscal year 2008 for necessary expenses of the Coast Guard as follows:
(1) For the operation and maintenance of the Coast Guard, $5,965,742,000, of which--
(A) $24,500,000 is authorized to be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (
(B) $631,000,000 shall be available only for paying for search and rescue programs;
(C) $527,000,000 shall be available only for paying for marine safety programs;
(D) $80,500,000 shall be available only for paying for operating expenses of the Integrated Deepwater System program; and
(E) $1,523,000,000 shall be available only for paying for ports, waterways, and coastal security.
(2) For the acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft, including equipment related thereto, $1,125,083,000, of which--
(A) $20,000,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990, to remain available until expended;
(B) $990,444,000 is authorized for the Integrated Deepwater System Program; and
(C) $44,597,000 is authorized for shore facilities and aids to navigation.
(3) To the Commandant of the Coast Guard for research, development, test, and evaluation of technologies, materials, and human factors directly relating to improving the performance of the Coast Guard's mission in search and rescue, aids to navigation, marine safety, marine environmental protection, enforcement of laws and treaties, ice operations, oceanographic research, and defense readiness, $25,000,000, to remain available until expended, of which $2,000,000 shall be derived from the Oil Spill Liability Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990.
(4) For retired pay (including the payment of obligations otherwise chargeable to lapsed appropriations for this purpose), payments under the Retired Serviceman's Family Protection and Survivor Benefit Plans, and payments for medical care of retired personnel and their dependents under chapter 55 of title 10, United States Code, $1,184,720,000, to remain available until expended.
(5) For alteration or removal of bridges over navigable waters of the United States constituting obstructions to navigation, and for personnel and administrative costs associated with the Bridge Alteration Program, $16,000,000.
(6) For environmental compliance and restoration at Coast Guard facilities (other than parts and equipment associated with operation and maintenance), $13,000,000, to remain available until expended.
(7) For the Coast Guard Reserve program, including personnel and training costs, equipment, and services, $126,883,000.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
(a) Active Duty Strength- The Coast Guard is authorized an end-of-year strength for active duty personnel of 47,000 for the fiscal year ending on September 30, 2008.
(b) Military Training Student Loads- For fiscal year 2008, the Coast Guard is authorized average military training student loads as follows:
(1) For recruit and special training, 2,500 student years.
(2) For flight training, 165 student years.
(3) For professional training in military and civilian institutions, 350 student years.
(4) For officer acquisition, 1,200 student years.
SEC. 103. TRANSFER OF BRIDGE ADMINISTRATION PROGRAM AUTHORITY AND FUNCTIONS.
(a) Transfer-
(1) AUTHORITY AND FUNCTIONS- Notwithstanding section 888(b) of the Homeland Security Act of 2002 (
(2) TRANSFER AND ADMINISTRATION OF BALANCES- Any unobligated balances of prior appropriations provided for the alteration of bridges are transferred and shall be available to the Secretary of Transportation to carry out the functions and authorities transferred by subsection (a).
TITLE II--COAST GUARD
SEC. 201. APPOINTMENT OF CIVILIAN COAST GUARD JUDGES.
(a) In General- Chapter 7 of title 14, United States Code, is amended by adding at the end the following:
`Sec. 153. Appointment of judges
`The Secretary may appoint civilian employees of the Department in which the Coast Guard is operating as appellate military judges, available for assignment to the Coast Guard Court of Criminal Appeals as provided for in section 866(a) of title 10.'.
(b) Clerical Amendment- The analysis for such chapter is amended by adding at the end the following:
`153. Appointment of judges.'.
SEC. 202. INDUSTRIAL ACTIVITIES.
Section 151 of title 14, United States Code, is amended--
(1) by inserting `(a) In General- ' before `All orders'; and
(2) by adding at the end the following:
`(b) Orders and Agreements for Industrial Activities- Under this section, the Coast Guard industrial activities may accept orders and enter into reimbursable agreements with establishments, agencies, and departments of the Department of Defense.'.
SEC. 203. REIMBURSEMENT FOR MEDICAL-RELATED TRAVEL EXPENSES.
(a) In General- Chapter 13 of title 14, United States Code, is amended by adding at the end the following:
`Sec. 518. Reimbursement for medical-related travel expenses for certain persons residing on islands in the continental United States
`In any case in which a covered beneficiary (as defined in section 1072(5) of title 10) resides on an island that is located in the 48 contiguous States and the District of Columbia and that lacks public access roads to the mainland and is referred by a primary care physician to a specialty care provider (as defined in section 1074i(b) of title 10) on the mainland who provides services less than 100 miles from the location where the beneficiary resides, the Secretary shall reimburse the reasonable travel expenses of the covered beneficiary and, when accompaniment by an adult is necessary, for a parent or guardian of the covered beneficiary or another member of the covered beneficiary's family who is at least 21 years of age.'.
(b) Clerical Amendment- The analysis for such chapter is amended by adding at the end the following:
`518. Reimbursement for medical-related travel expenses for certain persons residing on islands in the continental United States.'.
SEC. 204. COMMISSIONED OFFICERS.
(a) Active Duty Promotion List- Section 42 of title 14, United States Code, is amended to read as follows:
`Sec. 42. Number and distribution of commissioned officers on active duty promotion list
`(a) Maximum Total Number- The total number of Coast Guard commissioned officers on the active duty promotion list, excluding warrant officers, shall not exceed 6,700; except that the Commandant may temporarily increase that number by up to 2 percent for no more than 60 days following the date of the commissioning of a Coast Guard Academy class.
`(b) Distribution Percentages by Grade-
`(1) REQUIRED- The total number of commissioned officers authorized by this section shall be distributed in grade in the following percentages: 0.375 percent for rear admiral; 0.375 percent for rear admiral (lower half); 6.0 percent for captain; 15.0 percent for commander; and 22.0 percent for lieutenant commander.
`(2) DISCRETIONARY- The Secretary shall prescribe the percentages applicable to the grades of lieutenant, lieutenant (junior grade), and ensign.
`(3) AUTHORITY OF SECRETARY TO REDUCE PERCENTAGE- The Secretary--
`(A) may reduce, as the needs of the Coast Guard require, any of the percentages set forth in paragraph (1); and
`(B) shall apply that total percentage reduction to any other lower grade or combination of lower grades.
`(c) Computations-
`(1) IN GENERAL- The Secretary shall compute, at least once each year, the total number of commissioned officers authorized to serve in each grade by applying the grade distribution percentages established by or under this section to the total number of commissioned officers listed on the current active duty promotion list.
`(2) ROUNDING FRACTIONS- Subject to subsection (a), in making the computations under paragraph (1), any fraction shall be rounded to the nearest whole number.
`(3) TREATMENT OF OFFICERS SERVING OUTSIDE COAST GUARD- The number of commissioned officers on the active duty promotion list below the rank of rear admiral (lower half) serving with other Federal departments or agencies on a reimbursable basis or excluded under section 324(d) of title 49 shall not be counted against the total number of commissioned officers authorized to serve in each grade.
`(d) Use of Numbers; Temporary Increases- The numbers resulting from computations under subsection (c) shall be, for all purposes, the authorized number in each grade; except that the authorized number for a grade is temporarily increased during the period between one computation and the next by the number of officers originally appointed in that grade during that period and the number of officers of that grade for whom vacancies exist in the next higher grade but whose promotion has been delayed for any reason.
`(e) Officers Serving Coast Guard Academy and Reserve- The number of officers authorized to be serving on active duty in each grade of the permanent commissioned teaching staff of the Coast Guard Academy and of the Reserve serving in connection with organizing, administering, recruiting, instructing, or training the reserve components shall be prescribed by the Secretary.'.
(b) Clerical Amendment- The analysis for chapter 3 of such title is amended by striking the item relating to section 42 and inserting the following:
`42. Number and distribution of commissioned officers on active duty promotion list.'.
SEC. 205. COAST GUARD PARTICIPATION IN THE ARMED FORCES RETIREMENT HOME (AFRH) SYSTEM.
(a) In General- Section 1502 of the Armed Forces Retirement Home Act of 1991 (
(1) by striking paragraph (4);
(2) in paragraph (5)--
(A) by striking `and' at the end of subparagraph (C);
(B) by striking the period at the end of subparagraph (D) and inserting `; and'; and
(C) by inserting at the end the following:
`(E) the Assistant Commandant of the Coast Guard for Human Resources.'; and
(3) by adding at the end of paragraph (6) the following:
`(E) The Master Chief Petty Officer of the Coast Guard.'.
(b) Conforming Amendments- (1) Section 2772 of title 10, United States Code, is amended--
(A) in subsection (a) by inserting `or, in the case of the Coast Guard, the Commandant' after `concerned'; and
(B) by striking subsection (c).
(2) Section 1007(i) of title 37, United States Code, is amended--
(A) in paragraph (3) by inserting `or, in the case of the Coast Guard, the Commandant' after `Secretary of Defense';
(B) by striking paragraph (4); and
(C) by redesignating paragraph (5) as paragraph (4).
SEC. 206. GRANTS TO INTERNATIONAL MARITIME ORGANIZATIONS.
Section 149 of title 14, United States Code, is amended by adding at the end the following:
`(c) Grants to International Maritime Organizations- After consultation with the Secretary of State, the Commandant may make grants to, or enter into cooperative agreements, contracts, or other agreements with, international maritime organizations for the purpose of acquiring information or data about merchant vessel inspections, security, safety, classification, and port state or flag state law enforcement or oversight.'.
SEC. 207. EMERGENCY LEAVE RETENTION AUTHORITY.
(a) In General- Chapter 11 of title 14, United States Code, is amended by inserting after section 425 the following:
`Sec. 426. Emergency leave retention authority
`With regard to a member of the Coast Guard who serves on active duty, a duty assignment in support of a declaration of a major disaster or emergency by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
42 U.S.C. 5121 et seq.) shall be treated, for the purpose of section 701(f)(2) of title 10, a duty assignment in support of a contingency operation.'.(b) Clerical Amendment- The analysis for such chapter is amended by inserting after the item relating to section 425 the following new item:
`426. Emergency leave retention authority.'.
SEC. 208. ENFORCEMENT AUTHORITY.
(a) In General- Chapter 5 of title 14, United States Code, is amended by adding at the end the following:
`Sec. 99. Enforcement authority
`Subject to guidelines approved by the Secretary, members of the Coast Guard, in the performance of official duties, may--
`(1) carry a firearm; and
`(2) while at a facility (as defined in section 70101 of title 46)--
`(A) make an arrest without warrant for any offense against the United States committed in their presence; and
`(B) seize property as otherwise provided by law.'.
(b) Conforming Repeal- The first section added to title 46, United States Code, by the amendment made by subsection (a) of section 801 of the Coast Guard and Maritime Transportation Act of 2004 (118 Stat. 1078), and the item relating to such first section enacted by the amendment made by subsection (b) of such section 801, are repealed.
(c) Clerical Amendment- The analysis for such chapter is amended by adding at the end the following:
`99. Enforcement authority.'.
SEC. 209. REPEAL.
Section 216 of title 14, United States Code, and the item relating to such section in the analysis for chapter 11 of such title, are repealed.
SEC. 210. ADMIRALS AND VICE ADMIRALS.
(a) Vice Commandant- Section 47 of title 14, United States Code, is amended by striking `vice admiral' and inserting `admiral'.
(b) Vice Admirals- Section 50 of title 14, United States Code, is amended to read as follows:
`Sec. 50. Vice admirals
`(a)(1) The President may designate 4 positions of importance and responsibility that shall be held by officers who--
`(A) while so serving, shall have the grade of vice admiral, with the pay and allowances of that grade; and
`(B) shall perform any duties as the Commandant may prescribe.
`(2) The 4 vice admiral positions authorized under paragraph (1) are, respectively, the following:
`(A) The Deputy Commandant for Mission Support.
`(B) The Deputy Commandant for National Operations and Policy.
`(C) The Commander, Force Readiness Command.
`(D) The Commander, Operations Command.
`(3) The President may appoint, by and with the advice and consent of the Senate, and reappoint, by and with the advice and consent of the Senate, to each of the positions designated under paragraph (1) an officer of the Coast Guard who is serving on active duty above the grade of captain. The Commandant shall make recommendations for those appointments.
`(b)(1) The appointment and the grade of vice admiral under this section shall be effective on the date the officer assumes that duty and, except as provided in paragraph (2) of this subsection or in section 51(d) of this title, shall terminate on the date the officer is detached from that duty.
`(2) An officer who is appointed to a position designated under subsection (a) shall continue to hold the grade of vice admiral--
`(A) while under orders transferring the officer to another position designated under subsection (a), beginning on the date the officer is detached from duty and terminating on the date before the day the officer assumes the subsequent duty, but not for more than 60 days;
`(B) while hospitalized, beginning on the day of the hospitalization and ending on the day the officer is discharged from the hospital, but not for more than 180 days; and
`(C) while awaiting retirement, beginning on the date the officer is detached from duty and ending on the day before the officer's retirement, but not for more than 60 days.
`(c)(1) An appointment of an officer under subsection (a) does not vacate the permanent grade held by the officer.
`(2) An officer serving in a grade above rear admiral who holds the permanent grade of rear admiral (lower half) shall be considered for promotion to the permanent grade of rear admiral as if the officer was serving in the officer's permanent grade.
`(d) Whenever a vacancy occurs in a position designated under subsection (a), the Commandant shall inform the President of the qualifications needed by an officer serving in that position to carry out effectively the duties and responsibilities of that position.'.
(c) Repeal- Section 50a of title 14, United States Code, is repealed.
(d) Conforming Amendment- Section 51 of that title is amended--
(1) by amending subsections (a), (b), and (c) to read as follows:
`(a) An officer, other than the Commandant, who, while serving in the grade of admiral or vice admiral, is retired for physical disability shall be placed on the retired list with the highest grade in which that officer served.
`(b) An officer, other than the Commandant, who is retired while serving in the grade of admiral or vice admiral, or who, after serving at least two and one-half years in the grade of admiral or vice admiral, is retired while serving in a lower grade, may in the discretion of the President, be retired with the highest grade in which that officer served.
`(c) An officer, other than the Commandant, who, after serving less than two and one-half years in the grade of admiral or vice admiral, is retired while serving in a lower grade, shall be retired in his permanent grade.'; and
(2) in subsection (d)(2) by striking `Area Commander, or Chief of Staff' and inserting `or Vice Admirals'.
(e) Clerical Amendments-
(1) The heading for section 47 of that title is amended by striking `assignment' and inserting `appointment'.
(2) The table of sections at the beginning of chapter 3 of that title is amended--
(A) by striking the item relating to section 47 and inserting the following:
`47. Vice Commandant; appointment.';
(B) by striking the item relating to section 50 and inserting the following:
`50. Vice admirals.';
and
(C) by striking the item relating to section 50a.
(f) Technical Correction- Section 47 of that title is further amended in the fifth sentence by striking `subsection' and inserting `section'.
SEC. 211. MERCHANT MARINER MEDICAL ADVISORY COMMITTEE.
(a) In General- Chapter 71 of title 46, United States Code, is amended by adding at the end the following new section:
`Sec. 7115. Merchant Mariner Medical Advisory Committee
`(a) Establishment-
`(1) IN GENERAL- There is established a Merchant Mariner Medical Advisory Committee (in this section referred to as the `Committee').
`(2) FUNCTIONS- The Committee shall advise the Secretary on matters relating to--
`(A) medical certification determinations for issuance of merchant mariner credentials;
`(B) medical standards and guidelines for the physical qualifications of operators of commercial vessels;
`(C) medical examiner education; and
`(D) medical research.
`(b) Membership-
`(1) IN GENERAL- The Committee shall consist of 14 members, none of whom is a Federal employee, and shall include--
`(A) ten who are health-care professionals with particular expertise, knowledge, or experience regarding the medical examinations of merchant mariners or occupational medicine; and
`(B) four who are professional mariners with knowledge and experience in mariner occupational requirements.
`(2) STATUS OF MEMBERS- Members of the Committee shall not be considered Federal employees or otherwise in the service or the employment of the Federal Government, except that members shall be considered special Government employees, as defined in section 202(a) of title 18, United States Code, and shall be subject to any administrative standards of conduct applicable to the employees of the department in which the Coast Guard is operating.
`(c) Appointments; Terms; Vacancies-
`(1) APPOINTMENTS- The Secretary shall appoint the members of the Committee, and each member shall serve at the pleasure of the Secretary.
`(2) TERMS- Each member shall be appointed for a term of three years, except that, of the members first appointed, three members shall be appointed for a term of two years and three members shall be appointed for a term of one year.
`(3) VACANCIES- Any member appointed to fill the vacancy prior to the expiration of the term for which that member's predecessor was appointed shall be appointed for the remainder of that term.
`(d) Chairman and Vice Chairman- The Secretary shall designate one member of the Committee as the Chairman and one member as the Vice Chairman. The Vice Chairman shall act as Chairman in the absence or incapacity of, or in the event of a vacancy in the office of, the Chairman.
`(e) Compensation; Reimbursement- Members of the Committee shall serve without compensation, except that, while engaged in the performance of duties away from their homes or regular places of business of the member, the member of the Committee may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5.
`(f) Staff; Services- The Secretary shall furnish to the Committee the personnel and services as are considered necessary for the conduct of its business.'.
(b) First Meeting- No later than six months after the date of enactment of this Act, the Merchant Mariner Medical Advisory Committee established by the amendment made by this section shall hold its first meeting.
(c) Clerical Amendment- The analysis for chapter 71 of that title is amended by adding at the end the following:
`7115. Merchant Mariner Medical Advisory Committee.'.
SEC. 212. RESERVE COMMISSIONED WARRANT OFFICER TO LIEUTENANT PROGRAM.
Section 214(a) of title 14, United States Code, is amended to read as follows:
`(a) The president may appoint temporary commissioned officers--
`(1) in the Regular Coast Guard in a grade, not above lieutenant, appropriate to their qualifications, experience, and length of service, as the needs of the Coast Guard may require, from among the commissioned warrant officers, warrant officers, and enlisted members of the Coast Guard, and from holders of licenses issued under chapter 71 of title 46; and
`(2) in the Coast Guard Reserve in a grade, not above lieutenant, appropriate to their qualifications, experience, and length of service, as the needs of the Coast Guard may require, from among the commissioned warrant officers of the Coast Guard Reserve.'.
SEC. 213. ENHANCED STATUS QUO OFFICER PROMOTION SYSTEM.
Chapter 11 of title 14, United States Code, is amended--
(1) in section 253(a)--
(A) by inserting `and' after `considered,'; and
(B) by striking `, and the number of officers the board may recommend for promotion';
(2) in section 258--
(A) by inserting `(a) In General- ' before the existing text;
(B) in subsection (a) (as so designated) by striking the colon at the end of the material preceding paragraph (1) and inserting `--'; and
(C) by adding at the end the following:
`(b) Provision of Direction and Guidance-
`(1) In addition to the information provided pursuant to subsection (a), the Secretary may furnish the selection board--
`(A) specific direction relating to the needs of the Coast Guard for officers having particular skills, including direction relating to the need for a minimum number of officers with particular skills within a specialty; and
`(B) any other guidance that the Secretary believes may be necessary to enable the board to properly perform its functions.
`(2) Selections made based on the direction and guidance provided under this subsection shall not exceed the maximum percentage of officers who may be selected from below the announced promotion zone at any given selection board convened under section 251 of this title.';
(3) in section 259(a), by inserting after `whom the board' the following: `, giving due consideration to the needs of the Coast Guard for officers with particular skills so noted in specific direction furnished to the board by the Secretary under section 258 of this title,'; and
(4) in section 260(b), by inserting after `qualified for promotion' the following: `to meet the needs of the service (as noted in specific direction furnished the board by the Secretary under section 258 of this title)'.
SEC. 214. LASER TRAINING SYSTEM.
(a) In General- Within one year after the date of enactment of this Act, the Secretary of the department in which the Coast Guard shall test an integrated laser engagement system for the training of members of the Coast Guard assigned to small vessels in the use of individual weapons and machine guns on those vessels. The test shall be conducted on vessels on the Great Lakes using similar laser equipment used by other Federal agencies. However, that equipment shall be adapted for use in the marine environment.
(b) Report- The Secretary shall submit a report to the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate within 6 months after the conclusions of the test required under subsection (a) on the costs and benefits of using the system regionally and nationwide to train members of the Coast Guard in the use of individual weapons and machine guns.
SEC. 215. COAST GUARD VESSELS AND AIRCRAFT.
(a) Authority To Fire At or Into a Vessel- Section 637(c) of title 14, United States Code, is amended--
(1) in paragraph (1), by striking `; or' and inserting a semicolon;
(2) in paragraph (2), by striking the period at the end and inserting `; or'; and
(3) by adding at the end the following:
`(3) any other vessel or aircraft on government noncommercial service when--
`(A) the vessel or aircraft is under the tactical control of the Coast Guard; and
`(B) at least one member of the Coast Guard is assigned and conducting a Coast Guard mission on the vessel or aircraft.'.
(b) Authority To Display Coast Guard Ensigns and Pennants- Section 638(a) of title 14, United States Code, is amended by striking `Coast Guard vessels and aircraft' and inserting `Vessels and aircraft authorized by the Secretary'.
SEC. 216. COAST GUARD DISTRICT OMBUDSMEN.
(a) In General- Chapter 3 of title 14, United States Code, is amended by adding at the end the following new section:
`Sec. 55. District Ombudsmen
`(a) In General- The Commandant shall appoint an employee of the Coast Guard in each Coast Guard District as a District Ombudsman to serve as a liaison between ports, terminal operators, shipowners, and labor representatives and the Coast Guard.
`(b) Purpose- The purpose of the District Ombudsman shall be the following:
`(1) To support the operations of the Coast Guard in each port in the District for which the District Ombudsman is appointed.
`(2) To improve communications between and among port stakeholders including, port and terminal operators, ship owners, labor representatives, and the Coast Guard.
`(3) To seek to resolve disputes between the Coast Guard and all petitioners regarding requirements imposed or services provided by the Coast Guard.
`(c) Functions-
`(1) COMPLAINTS- The District Ombudsman may examine complaints brought to the attention of the District Ombudsman by a petitioner operating in a port or by Coast Guard personnel.
`(2) GUIDELINES FOR DISPUTES-
`(A) IN GENERAL- The District Ombudsman shall develop guidelines regarding the types of disputes with respect to which the District Ombudsman will provide assistance.
`(B) LIMITATION- The District Ombudsman shall not provide assistance with respect to a dispute unless it involves the impact of Coast Guard requirements on port business and the flow of commerce.
`(C) PRIORITY- In providing such assistance, the District Ombudsman shall give priority to complaints brought by petitioners who believe they will suffer a significant hardship as the result of implementing a Coast Guard requirement or being denied a Coast Guard service.
`(3) CONSULTATION- The District Ombudsman may consult with any Coast Guard personnel who can aid in the investigation of a complaint.
`(4) ACCESS TO INFORMATION- The District Ombudsman shall have access to any Coast Guard document, including any record or report, that will aid the District Ombudsman in obtaining the information needed to conduct an investigation of a compliant.
`(5) REPORTS- At the conclusion of an investigation, the District Ombudsman shall submit a report on the findings and recommendations of the District Ombudsman, to the Commander of the District in which the petitioner who brought the complaint is located or operating.
`(6) DEADLINE- The District Ombudsman shall seek to resolve each complaint brought in accordance with the guidelines--
`(A) in a timely fashion; and
`(B) not later than 4 months after the complaint is officially accepted by the District Ombudsman.
`(d) Appointment- The Commandant shall appoint as the District Ombudsman a civilian who has experience in port and transportation systems and knowledge of port operations or of maritime commerce (or both).
`(e) Annual Reports- The Secretary shall report annually to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the matters brought before the District Ombudsmen, including--
`(1) the number of matters brought before each District Ombudsman;
`(2) a brief summary of each such matter; and
`(3) the eventual resolution of each such matter.'.
(b) Clerical Amendment- The analysis at the beginning of that chapter is amended by adding at the end the following new item:
`55. District Ombudsmen.'.
SEC. 217. ENSURING CONTRACTING WITH SMALL BUSINESS CONCERNS AND DISADVANTAGED BUSINESS CONCERNS.
(a) Requirements for Prime Contracts- The Secretary shall include in each contract awarded for procurement of goods or services acquired for the Coast Guard--
(1) a requirementthat the contractor shall implement a planfor the award, in accordance with other applicable requirements, of subcontracts under the contract to small business concerns, including small business concerns owned and controlled by socially and economically disadvantaged individuals, small business concerns owned and controlled by women, small business concerns owned and controlled by service-disabled veterans, HUBZone small business concerns, small business concerns participating in the program under section 8(a) of the Small Business Act (
(2) a requirementthat the contractor shall submit to the Secretary, during performance of the contract, periodic reports describing the extent to which the contractor has complied with such plan, including specification (by total dollar amountand by percentageof the total dollar value of the contract)of the value of subcontracts awarded at all tiers of subcontracting to small business concerns, institutions, and corporations referred to in subsection (a)(1).
(b) Utilization of Alliances- The Secretary shall seek to facilitate award of contracts by the United States under the Deepwater Program to alliances of small business concerns, institutions, and corporations referred to in subsection (a)(1).
(c) Annual Report-
(1) IN GENERAL- The Secretary shall submit to the Committee on Transportation and Infrastructureand the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportationof the Senate by October 31 each year a report on the award of contractsunder the Deepwater Program to small business concerns, institutions, and corporations referredto in subsection (a)(1)during the preceding fiscal year.
(2) CONTENTS- The Secretary shall include in each report--
(A) specification of the value of such contracts, by dollar amountand as a percentage of the total dollar value of all contracts awardedby the United States under the Deepwater Program in such fiscal year;
(B) specificationof the total dollar value of such contracts awarded to each of the categories of small business concerns, institutions, and corporations referredto in subsection (a)(1); and
(C) if the percentage specified under subparagraph (A) is less than 25 percent, an explanation of--
(i) why the percentage is less than 25 percent; and
(ii) what will be done to ensurethat the percentagefor the following fiscal year will not be less than 25 percent.
(d) Definitions- In this section:
(1) DEEPWATER PROGRAM- The term `Deepwater Program' means the Integrated Deepwater Systems Program describedby the Coast Guard in its report to Congress entitled `Revised Deepwater Implementation Plan 2005', dated March 25, 2005. The Deepwater Program primarily involves the procurement of cutter and aviation assets that operate more than 50 miles offshore.
(2) SECRETARY- The term `Secretary' means the Secretary of the department in which the Coast Guard is operating.
SEC. 218. ASSISTANT COMMANDANT FOR PORT AND WATERWAY SECURITY.
(a) In General- Chapter 3 of title 14, United States Code, is further amended by adding at the end the following:
`Sec. 61. Assistant Commandant for Port and Waterway Security
`(a) There shall be in the Coast Guard an Assistant Commandant for Port and Waterway Security who shall be a Rear Admiral or civilian from the Senior Executive Service (career reserved) selected by the Secretary.
`(b) The Assistant Commandant for Port and Waterway Security shall serve as the principal advisorto the Commandant regarding port and waterway security and shall carry out the duties and powers delegated and imposed by the Secretary.'.
(b) Clerical Amendment- The analysis at the beginning of that chapter is further amended by adding at the end the following:
`61. Assistant Commandant for Port and Waterway Security.'.
SEC. 219. SMALL BUSINESS PROCUREMENTS.
(a) In General- Chapter 17 of title 14, United States Code, is amended by adding at the end the following:
`Sec. 678. Disadvantaged business enterprise program
`(a) In General- Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts obligated by the Coast Guard for contracts in any fiscal year shall be expended with small business concerns owned and controlled by socially and economically disadvantaged individuals.
`(b) Definitions- In this subsection, the following definitions apply:
`(1) SMALL BUSINESS CONCERN- The term `small business concern' has the meaning given that termunder section 3 of the Small Business Act (
15 U.S.C. 632 ).`(2) SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS- The term `socially and economically disadvantaged individuals' has the meaning that term has under section 8(d) of the Small Business Act (
15 U.S.C. 637 (d)) and relevant subcontracting regulations issued pursuant to that Act, except that women shall be presumed to be socially and economically disadvantaged individuals for purposesof this subsection.`(c) Regulations- The Secretary shall issue final regulations governing the administrationof the program created by this section by one year after the date of enactmentof this section. To the maximum extent feasible, these regulations shall impose requirements similar to those of part 26 of title 49, Code of Federal Regulations, with respect to setting overall and contract goals, good faith efforts, and the contract award process, counting of credit for the participation of businesses owned and controlled by socially and economically disadvantaged individuals, and determining whether businesses are eligible to participatein the program.
`(d) Termination- This section shall cease to be effective three years after the date of its enactment.'.
(b) Clerical Amendment- The analysis at the beginning of that chapter is further amended by adding at the end the following:
`678. Disadvantaged business enterprise program.'.
SEC. 220. ENFORCEMENT OF COASTWISE TRADE LAWS.
(a) In General- Chapter 5 of title 14, United States Code, is amended by adding at the end the following:
`Sec. 101. Enforcement of coastwise trade laws
`Officers and membersof the Coast Guard are authorized to enforce chapter 551 of title 46. The Secretary shall establish a program for these officers and members to enforce that chapter, including the application of those laws to vessels that support the exploration, development, and production of oil, gas, or mineral resources in the Gulf of Mexico.'.
(b) Clerical Amendment- The analysis for that chapter is amended by adding at the end the following new item:
`101. Enforcement of coastwise trade laws.'.
(c) Report- The Secretary of the department in which the Coast Guard is operating shall submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Senate Committee on Commerce, Science, and Transportation within one year after the date of enactment of this Act on the enforcement strategies and enforcement actions taken to enforce the coastwise trade laws.
SEC. 221. NOMINATION AND APPOINTMENT OF CADETS AT THE COAST GUARD ACADEMY.
(a) Nomination and Competitive Appointment, Generally- Section 182(a) of title 14, United States Code, is amended to read as follows:
`(a) Nomination and Competitive Appointment of Cadets-
`(1) ELIGIBILITY FOR NOMINATION- An individual may be nominatedfor a competitive appointment as a cadet at the Coast Guard Academy onlyif the individual--
`(A) is a citizen or national of the United States; and
`(B) meets the minimum requirements that the Secretary shall establish.
`(2) NOMINATORS- Nominations for competitive appointmentsfor the positions allocated under this section maybe made as follows:
`(A) A Senator may nominate residents of the State represented by that Senator.
`(B) A Member of the House of Representatives may nominate residentsof the State in which the congressional district representedby that Member is located.
`(C) A Delegateto the House of Representatives from the District of Columbia, the Virgin Islands, Guam, or American Samoa may nominate residentsof the jurisdiction representedby that Delegate.
`(D) The Resident Commissioner to the United States from Puerto Rico may nominate residents of Puerto Rico.
`(E) The Governor of the Northern Mariana Islands may nominate residents of the Northern Mariana Islands.
`(3) ALLOCATION OF POSITIONS- Positions for competitive appointments shall be allocated each year as follows:
`(A) Positions shall be allocated for residents of each State nominated by the Members of Congress from that State in proportionto the representation in Congress from that State.
`(B) Four positionsshall be allocated for residents of the District of Columbia.
`(C) One position each shall be allocated for residentsof the Virgin Islands, Guam, and American Samoa, respectively.
`(D) One positionshall be allocatedfor a resident of Puerto Rico.
`(E) One position shall be allocated for a resident of the Northern Mariana Islands.
`(F) Two positionsshall be allocated for individuals nominated by the Panama Canal Commission.
`(4) COMPETITIVE SYSTEM FOR APPOINTMENT-
`(A) ESTABLISHMENT OF SYSTEM- The Secretary shall establish a competitive system for selecting for appointment individuals nominated under paragraph (1) to fill the positions allocated under paragraph (3). The system must determine the relative meritof each individual based on competitive examinations, an assessment of the individual's academic background, and other effective indicators of motivation and probability of successful completion of trainingat the Academy.
`(B) APPOINTMENTS BY JURISDICTION- The Secretary shall appoint individuals to fill the positions allocated under subsection (c) for each jurisdiction in the order of merit of the individuals nominated from that jurisdiction.
`(C) REMAINING UNFILLED POSITIONS- If positions remain unfilled after the appointments are made under paragraph (2), the Secretary shall appoint individuals to fill the positions in the order of merit of the remaining individuals nominated from all jurisdictions.
`(5) NONCOMPETITIVE APPOINTMENTS- The Secretary may appoint each year without competition as cadets at the Academy the following:
`(A) Without limit, the children of persons who have been awarded the Medal of Honor for acts performed while in the armed forces.
`(B) Without limit--
`(i) children of individuals who died while on active dutyin the armed forces of the United States;
`(ii) children of individuals who are determined by the Secretary of Veterans Affairs to have a service-connected disability rated at not less than 100 percent resulting from wounds or injuries received in, diseases contracted in, or preexisting injury or disease aggravated by, active service;
`(iii) children of members of the armed forces of the United States who are in a missing status as defined in section 551(2) of title 37; and
`(iv) children of civilian employees of the armed forces of the United States whoare in missing status as defined in section 5561(5) of title 5.
`(C) Not more than 25 enlisted members of the Coast Guard;
`(D) Not more than 20 qualified individuals with qualities the Secretary considersto be of special valueto the Academyand that the Secretary considers will achieve a national demographic balance at the Academy.
`(6) ADDITIONAL APPOINTMENTS FROM PARTICULAR AREAS-
`(A) OTHER COUNTRIES IN WESTERN HEMISPHERE- The President may appoint individuals from countries in the Western Hemisphere other than the United States to receive instruction at the Academy. Not more than 12 individuals may receive instruction under this subsection at the same time, and not more than 2 individuals from the same country may receive instruction under this subsection at the same time.
`(B) OTHER COUNTRIES GENERALLY-
`(i) APPOINTMENT- The Secretary, with the approval of the Secretary of State, may appoint individuals from countries other than the United States to receive instruction at the Academy. Not more than 20 individuals may receive instruction under this subsection at the same time.
`(ii) REIMBURSEMENT- The Secretary shall ensurethat the country from which an individual comes under this subsection will reimburse the Secretary for the cost (as determinedby the Secretary)of the instruction and allowances receivedby the individual at the Academy.
`(C) COMMITMENT- Each individual attending the Academy under this paragraph shall sign an agreement stating that the individual, upon graduation, will accept an appointment, if tendered, as an officerin the Coast Guard of the country from which the individual comes for at least five years.
`(7) PROHIBITED BASIS FOR APPOINTMENT- Preference may not be givento an individual for appointmentas a cadetat the Academy because one or more membersof the individual's immediate family are alumniof the Academy.'.
(b) Minority Recruiting Program-
(1) IN GENERAL- Chapter 9 of title 14, United States Code, is amended by adding at the end the following new section:
`Sec. 197. Minority recruiting program
`The Secretary of the department in which the Coast Guard is operating shall establish a minority recruiting program for prospective cadets at the Coast Guard Academy. The program may include--
`(1) use of minority cadets and officers to provide information regarding the Coast Guardand the Academy to students in high schools;
`(2) sponsoring of trips to high school teachers and guidance counselors to the Academy;
`(3) to the extent authorizedby the Secretary of the Navy, maximizingthe use of the Naval Academy Preparatory School to prepare students to be cadetsat the Coast Guard Academy;
`(4) recruiting minority members of the Coast Guard to attend the Academy;
`(5) establishmentof a minority affairs office at the Academy; and
`(6) use of minority officers and members of the Coast Guard Reserve and Auxiliary to promote the Academy.'.
(2) CLERICAL AMENDMENT- The table of sections for that chapter is amended by adding at the end the following new item:
`197. Minority recruiting program.'.
SEC. 222. POLICY ON SEXUAL HARASSMENT AND SEXUAL VIOLENCE AT THE COAST GUARD ACADEMY.
(a) Required Policy- Under guidance prescribedby the Secretary of the department in which the Coast Guard is operating, the Commandant of the Coast Guard shall direct the Superintendent of the Coast Guard Academy to prescribe a policy on sexual harassment and sexual violence applicable to the cadets and other personnelof the Academy.
(b) Matters to Be Specified in Policy- The policy on sexual harassment and sexual violence prescribed under this section shall include specificationof the following:
(1) Programs to promote awarenessof the incidence of rape, acquaintance rape, and other sexual offensesof a criminal nature that involve cadets or other Academy personnel.
(2) Procedures that a cadet should follow in the caseof an occurrence of sexual harassment or sexual violence, including--
(A) if the cadet chooses to report an occurrence of sexual harassment or sexual violence, a specificationof the person or persons to whom the alleged offense should be reportedand the options for confidential reporting;
(B) a specificationof any other person whom the victim should contact; and
(C) procedures on the preservation of evidence potentially necessary for proof of criminal sexual assault.
(3) Procedures for disciplinary action in cases of alleged criminal sexual assault involving a cadet or other Academy personnel.
(4) Any other sanction authorized to be imposed in a substantiated case of sexual harassment or sexual violence involving a cadet or other Academy personnel in rape, acquaintance rape, or any other criminal sexual offense, whether forcible or nonforcible.
(5) Required training on the policy for all cadets and other Academy personnel, including the specific training required for personnel who process allegations of sexual harassment or sexual violence involving Academy personnel.
(c) Annual Assessment-
(1) The Secretary, through the Commandant of the Coast Guard, shall direct the Superintendent of the Coast Guard Academy to conduct an assessment during each Academy program year to determine the effectivenessof the Academy's policies, training, and procedures on sexual harassment and sexual violence involving cadets and other Academy personnel.
(2) For the assessment for eachof the 2009, 2010, 2011, 2012, and 2013 Academy program years, the Superintendent shall conduct a survey of all Academy personnel--
(A) to measure--
(i) the incidence, during that program year, of sexual harassment and sexual violence events, on or off the Academy reservation, that have been reported to officials of the Academy; and
(ii) the incidence, in that program year, of sexual harassment and sexual violence events, on or off the Academy reservation, that have not been reported to officialsof the Academy; and
(B) to assess the perceptions of Academy personnel on--
(i) the policies, training, and procedures on sexual harassment and sexual violence involving Academy personnel;
(ii) the enforcement of such policies;
(iii) the incidence of sexual harassment and violence involving Academy personnelin such program year; and
(iv) any other issues relating to sexual harassment and violence involving Academy personnel.
(d) Annual Report-
(1) The Commandant of the Coast Guard shall direct the Superintendent of the Coast Guard Academy to submit to the Commandant a report on sexual harassment and sexual violence involving Academy personnel for each of the 2009, 2010, 2011, 2012, and 2013 Academy program years.
(2) The annual report underparagraph (1) shall contain, for the Academy program year covered by the report, the following matters:
(A) The number of sexual assaults, rapes, and other sexual offenses involving Academy personnel that have been reported to Academy officials during the program year, and the number of the reported cases that have been substantiated.
(B) The policies, procedures, and processes implementedby the Commandant of the Coast Guard and the leadership of the Coast Guard Academy in response to sexual harassment and sexual violence involving Academy personnel during the program year.
(C) In the reportfor the 2009 Academy program year, a discussionof the survey conducted under subsection (b), togetherwith an analysisof the resultsof the survey and a discussion of any initiatives undertaken on the basis of such results and analysis.
(D) In the report for eachof the subsequent Academy program years, the resultsof the annual survey conducted in such program year under subsection (b).
(E) A planfor the actions that are to be taken in the following Academy program year regarding preventionof and response to sexual harassment and sexual violence involving Academy personnel.
(3) The Commandant of the Coast Guard shall transmit the annual report on the Coast Guard Academy required under this subsection, together with the Commandant's comments on the report, to the Secretary and the Board of Visitors of the Academy.
(4) The Secretary shall transmit the annual report, together with the Secretary's comments on the report,to the Committee on Transportation and Infrastructureof the House of Representativesand the Committee on Commerce, Science, and Transportation of the Senate.
(5) The reportfor the 2009 Academy program yearfor the Academyshall be submitted to the Commandant of the Coast Guard not later than one year after the date of the enactment of this Act.
(6) In this subsection, the term `Academy program year' with respectto a year, means the Academy program year that ends in that year.
SEC. 223. HOME PORT OF COAST GUARD VESSELS IN GUAM.
Section 96 of title 14, United States Code, is amended--
(1) by striking `a State of the United States' and inserting `the United States or Guam'; and
(2) by inserting `or Guam' after `outside the United States'.
TITLE III--SHIPPING AND NAVIGATION
SEC. 301. VESSEL SIZE LIMITS.
(a) Length, Tonnage, and Horsepower- Section 12113(d)(2) of title 46, United States Code, is amended--
(1) by inserting `and' after the semicolon at the end of subparagraph (A)(i);
(2) by striking `and' at the end of subparagraph (A)(ii);
(3) by striking subparagraph (A)(iii);
(4) by striking the period at the end of subparagraph (B) and inserting `; or'; and
(5) by inserting at the end the following:
`(C) the vessel is either a rebuilt vessel or a replacement vessel under section 208(g) of the American Fisheries Act (title II of division C of Public Law 105-277; 112 Stat. 2681-627) and is eligible for a fishery endorsement under this section.'.
(b) Conforming Amendments-
(1) VESSEL REBUILDING AND REPLACEMENT- Section 208(g) of the American Fisheries Act (title II of division C of Public Law 105-277; 112 Stat. 2681-627) is amended to read as follows:
`(g) Vessel Rebuilding and Replacement-
`(1) IN GENERAL-
`(A) REBUILD OR REPLACE- Notwithstanding any limitation to the contrary on replacing, rebuilding, or lengthening vessels or transferring permits or licenses to a replacement vessel contained in sections 679.2 and 679.4 of title 50, Code of Federal Regulations, as in effect on the date of enactment of the Coast Guard Authorization Act of 2008 and except as provided in paragraph (4), the owner of a vessel eligible under subsection (a), (b), (c), (d), or (e) (other than paragraph (21)), in order to improve vessel safety and operational efficiencies (including fuel efficiency), may rebuild or replace that vessel (including fuel efficiency) with a vessel documented with a fishery endorsement under section 12113 of title 46, United States Code.
`(B) SAME REQUIREMENTS- The rebuilt or replacement vessel shall be eligible in the same manner and subject to the same restrictions and limitations under such subsection as the vessel being rebuilt or replaced.
`(C) TRANSFER OF PERMITS AND LICENSES- Each fishing permit and license held by the owner of a vessel or vessels to be rebuilt or replaced under subparagraph (A) shall be transferred to the rebuilt or replacement vessel.
`(2) RECOMMENDATIONS OF NORTH PACIFIC COUNCIL- The North Pacific Council may recommend for approval by the Secretary such conservation and management measures, including size limits and measures to control fishing capacity, in accordance with the Magnuson-Stevens Act as it considers necessary to ensure that this subsection does not diminish the effectiveness of fishery management plans of the Bering Sea and Aleutian Islands Management Area or the Gulf of Alaska.
`(3) SPECIAL RULE FOR REPLACEMENT OF CERTAIN VESSELS-
`(A) IN GENERAL- Notwithstanding the requirements of subsections (b)(2), (c)(1), and (c)(2) of section 12113 of title 46, United States Code, a vessel that is eligible under subsection (a), (b), (c), (d), or (e) (other than paragraph (21)) and that qualifies to be documented with a fishery endorsement pursuant to section 203(g) or 213(g) may be replaced with a replacement vessel under paragraph (1) if the vessel that is replaced is validly documented with a fishery endorsement pursuant to section 203(g) or 213(g) before the replacement vessel is documented with a fishery endorsement under section 12113 of title 46, United States Code.
`(B) APPLICABILITY- A replacement vessel under subparagraph (A) and its owner and mortgagee are subject to the same limitations under section 203(g) or 213(g) that are applicable to the vessel that has been replaced and its owner and mortgagee.
`(4) SPECIAL RULES FOR CERTAIN CATCHER VESSELS-
`(A) IN GENERAL- A replacement for a covered vessel described in subparagraph (B) is prohibited from harvesting fish in any fishery (except for the Pacific whiting fishery) managed under the authority of any regional fishery management council (other than the North Pacific Council) established under section 302(a) of the Magnuson-Stevens Act.
`(B) COVERED VESSELS- A covered vessel referred to in subparagraph (A) is--
`(i) a vessel eligible under subsection (a), (b), or (c) that is replaced under paragraph (1); or
`(ii) a vessel eligible under subsection (a), (b), or (c) that is rebuilt to increase its registered length, gross tonnage, or shaft horsepower.
`(5) LIMITATION ON FISHERY ENDORSEMENTS- Any vessel that is replaced under this subsection shall thereafter not be eligible for a fishery endorsement under section 12113 of title 46, United States Code, unless that vessel is also a replacement vessel described in paragraph (1).
`(6) GULF OF ALASKA LIMITATION- Notwithstanding paragraph (1), the Secretary shall prohibit from participation in the groundfish fisheries of the Gulf of Alaska any vessel that is rebuilt or replaced under this subsection and that exceeds the maximum length overall specified on the license that authorizes fishing for groundfish pursuant to the license limitation program under part 679 of title 50, Code of Federal Regulations, as in effect on the date of enactment of the Coast Guard Authorization Act of 2008.
`(7) AUTHORITY OF PACIFIC COUNCIL- Nothing in this section shall be construed to diminish or otherwise affect the authority of the Pacific Council to recommend to the Secretary conservation and management measures to protect fisheries under its jurisdiction (including the Pacific whiting fishery) and participants in such fisheries from adverse impacts caused by this Act.'.
(2) EXEMPTION OF CERTAIN VESSELS- Section 203(g) of the American Fisheries Act (title II of division C of Public Law 105-277; 112 Stat. 2681-620) is amended--
(A) by inserting `and' after `(United States official number 651041)';
(B) by striking `, NORTHERN TRAVELER (United States official number 635986), and NORTHERN VOYAGER (United States official number 637398) (or a replacement vessel for the NORTHERN VOYAGER that complies with paragraphs (2), (5), and (6) of section 208(g) of this Act)'; and
(C) by striking `, in the case of the NORTHERN' and all that follows through `PHOENIX,'.
(3) FISHERY COOPERATIVE EXIT PROVISIONS- Section 210(b) of the American Fisheries Act (title II of division C of Public Law 105-277; 112 Stat. 2681-629) is amended--
(A) by moving the matter beginning with `the Secretary shall' in paragraph (1) 2 ems to the right; and
(B) by adding at the end the following:
`(7) FISHERY COOPERATIVE EXIT PROVISIONS-
`(A) FISHING ALLOWANCE DETERMINATION- For purposes of determining the aggregate percentage of directed fishing allowances under paragraph (1), when a catcher vessel is removed from the directed pollock fishery, the fishery allowance for pollock for the vessel being removed--
`(i) shall be based on the catch history determination for the vessel made pursuant to section 679.62 of title 50, Code of Federal Regulations, as in effect on the date of enactment of the Coast Guard Authorization Act of 2008; and
`(ii) shall be assigned, for all purposes under this title, in the manner specified by the owner of the vessel being removed to any other catcher vessel or among other catcher vessels participating in the fishery cooperative if such vessel or vessels remain in the fishery cooperative for at least one year after the date on which the vessel being removed leaves the directed pollock fishery.
`(B) ELIGIBILITY FOR FISHERY ENDORSEMENT- Except as provided in subparagraph (C), a vessel that is removed pursuant to this paragraph shall be permanently ineligible for a fishery endorsement, and any claim (including relating to catch history) associated with such vessel that could qualify any owner of such vessel for any permit to participate in any fishery within the exclusive economic zone of the United States shall be extinguished, unless such removed vessel is thereafter designated to replace a vessel to be removed pursuant to this paragraph.
`(C) LIMITATIONS ON STATUTORY CONSTRUCTION- Nothing in this paragraph shall be construed--
`(i) to make the vessels AJ (United States official number 905625), DONA MARTITA (United States official number 651751), NORDIC EXPLORER (United States official number 678234), and PROVIDIAN (United States official number 1062183) ineligible for a fishery endorsement or any permit necessary to participate in any fishery under the authority of the New England Fishery Management Council or the Mid-Atlantic Fishery Management Council established, respectively, under subparagraphs (A) and (B) of section 302(a)(1) of the Magnuson-Stevens Act; or
`(ii) to allow the vessels referred to in clause (i) to participate in any fishery under the authority of the Councils referred to in clause (i) in any manner that is not consistent with the fishery management plan for the fishery developed by the Councils under section 303 of the Magnuson-Stevens Act.'.
SEC. 302. GOODS AND SERVICES.
Section 4(b) of the Act of July 5, 1884, commonly known as the Rivers and Harbors Appropriation Act of 1884 (
(1) by striking `or' at the end of paragraph (2)(C);
(2) by striking the period at the end of paragraph (3) and inserting `; or'; and
(3) by adding at the end the following:
`(4) sales taxes on goods and services provided to or by vessels or watercraft (other than vessels or watercraft primarily engaged in foreign commerce).'.
SEC. 303. SEAWARD EXTENSION OF ANCHORAGE GROUNDS JURISDICTION.
Section 7 of the Rivers and Harbors Appropriations Act of 1915 (
(1) by striking `That the' and inserting the following:
`(a) In General- The'.
(2) in subsection (a) (as designated by paragraph (1)) by striking `$100; and the' and inserting `up to $10,000. Each day during which a violation continues shall constitute a separate violation. The';
(3) by adding at the end the following:
`(b) Definition- As used in this section `navigable waters of the United States' includes all waters of the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988.'.
SEC. 304. MARITIME DRUG LAW ENFORCEMENT ACT AMENDMENT-SIMPLE POSSESSION.
Section 70506 of title 46, United States Code, is amended by adding at the end the following:
`(c) Simple Possession-
`(1) IN GENERAL- Any individual on a vessel subject to the jurisdiction of the United States who is found by the Secretary, after notice and an opportunity for a hearing, to have knowingly or intentionally possessed a controlled substance within the meaning of the Controlled Substances Act (
21 U.S.C. 812 ) shall be liable to the United States for a civil penalty of not to exceed $10,000 for each violation. The Secretary shall notify the individual in writing of the amount of the civil penalty.`(2) DETERMINATION OF AMOUNT- In determining the amount of the penalty, the Secretary shall consider the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other matters that justice requires.
`(3) TREATMENT OF CIVIL PENALTY ASSESSMENT- Assessment of a civil penalty under this subsection shall not be considered a conviction for purposes of State or Federal law but may be considered proof of possession if such a determination is relevant.'.
SEC. 305. TECHNICAL AMENDMENTS TO TONNAGE MEASUREMENT LAW.
(a) Definitions- Section 14101(4) of title 46, United States Code, is amended--
(1) by striking `engaged' the first place it appears and inserting `that engages';
(2) in subparagraph (A), by striking `arriving' and inserting `that arrives';
(3) in subparagraph (B)--
(A) by striking `making' and inserting `that makes'; and
(B) by striking `(except a foreign vessel engaged on that voyage)';
(4) in subparagraph (C), by striking `departing' and inserting `that departs'; and
(5) in subparagraph (D), by striking `making' and inserting `that makes'.
(b) Delegation of Authority- Section 14103(c) of that title is amended by striking `intended to be engaged on' and inserting `that engages on'.
(c) Application- Section 14301 of that title is amended--
(1) by amending subsection (a) to read as follows:
`(a) Except as otherwise provided in this section, this chapter applies to any vessel for which the application of an international agreement or other law of the United States to the vessel depends on the vessel's tonnage.';
(2) in subsection (b)--
(A) in paragraph (1), by striking the period at the end and inserting `, unless the government of the country to which the vessel belongs elects to measure the vessel under this chapter.';
(B) in paragraph (3), by inserting `of United States or Canadian registry or nationality, or a vessel operated under the authority of the United States or Canada, and that is' after `vessel';
(C) in paragraph (4), by striking `a vessel (except a vessel engaged' and inserting `a vessel of United States registry or nationality, or one operated under the authority of the United States (except a vessel that engages';
(D) by striking paragraph (5);
(E) by redesignating paragraph (6) as paragraph (5); and
(F) by amending paragraph (5), as so redesignated, to read as follows:
`(5) a barge of United States registry or nationality, or a barge operated under the authority of the United States (except a barge that engages on a foreign voyage) unless the owner requests.';
(3) by striking subsection (c);
(4) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively; and
(5) in subsection (c), as redesignated, by striking `After July 18, 1994, an existing vessel (except an existing vessel referred to in subsection (b)(5)(A) or (B) of this section)' and inserting `An existing vessel that has not undergone a change that the Secretary finds substantially affects the vessel's gross tonnage (or a vessel to which IMO Resolutions A.494 (XII) of November 19, 1981, A.540 (XIII) of November 17, 1983, or A.541 (XIII) of November 17, 1983 apply)'.
(d) Measurement- Section 14302(b) of that title is amended to read as follows:
`(b) A vessel measured under this chapter may not be required to be measured under another law.'.
(e) Tonnage Certificate-
(1) ISSUANCE- Section 14303 of title 46, United States Code, is amended--
(A) in subsection (a), by adding at the end the following: `For a vessel to which the Convention does not apply, the Secretary shall prescribe a certificate to be issued as evidence of a vessel's measurement under this chapter.';
(B) in subsection (b), by inserting `issued under this section' after `certificate'; and
(C) in the section heading by striking `International' and `(1969)'.
(2) MAINTENANCE- Section 14503 of that title is amended--
(A) by designating the existing text as subsection (a); and
(B) by adding at the end the following new subsection:
`(b) The certificate shall be maintained as required by the Secretary.'.
(3) CLERICAL AMENDMENT- The analysis at the beginning of chapter 143 of that title is amended by striking the item relating to section 14303 and inserting the following:
`14303. Tonnage Certificate.'.
(f) Optional Regulatory Measurement- Section 14305(a) of that title is amended by striking `documented vessel measured under this chapter,' and inserting `vessel measured under this chapter that is of United States registry or nationality, or a vessel operated under the authority of the United States,'.
(g) Application- Section 14501 of that title is amended--
(1) by amending paragraph (1) to read as follows:
`(1) A vessel not measured under chapter 143 of this title if the application of an international agreement or other law of the United States to the vessel depends on the vessel's tonnage.'; and
(2) in paragraph (2), by striking `a vessel' and inserting `A vessel'.
(h) Dual Tonnage Measurement- Section 14513(c) of that title is amended--
(1) in paragraph (1)--
(A) by striking `vessel's tonnage mark is below the uppermost part of the load line marks,' and inserting `vessel is assigned two sets of gross and net tonnages under this section,'; and
(B) by inserting `vessel's tonnage' before `mark' the second place such term appears; and
(2) in paragraph (2), by striking the period at the end and inserting `as assigned under this section.'.
(i) Reciprocity for Foreign Vessels- Subchapter II of chapter 145 of that title is amended by adding at the end the following:
`Sec. 14514. Reciprocity for foreign vessels
`For a foreign vessel not measured under chapter 143, if the Secretary finds that the laws and regulations of a foreign country related to measurement of vessels are substantially similar to those of this chapter and the regulations prescribed under this chapter, the Secretary may accept the measurement and certificate of a vessel of that foreign country as complying with this chapter and the regulations prescribed under this chapter.'.
(j) Clerical Amendment- The analysis for subchapter II of chapter 145 of such title is amended by adding at the end the following:
`14514. Reciprocity for foreign vessels.'.
SEC. 306. COLD WEATHER SURVIVAL TRAINING.
(a) Report- The Commandant of the Coast Guard shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the efficacy of cold weather survival training conducted by the Coast Guard in Coast Guard District 17 over the preceding 5 years. The report shall include plans for conducting such training in fiscal years 2008 through 2011.
(b) Authorization of Appropriations for Training- There are authorized to be appropriated to the Secretary of Homeland Security $150,000 to carry out cold weather survival training in Coast Guard District 17.
SEC. 307. FISHING VESSEL SAFETY.
(a) Safety Standards- Section 4502 of title 46, United States Code, is amended--
(1) in subsection (a), by--
(A) striking paragraphs (6) and (7) and inserting the following:
`(6) other equipment required to minimize the risk of injury to the crew during vessel operations, if the Secretary determines that a risk of serious injury exists that can be eliminated or mitigated by that equipment; and'; and
(B) redesignating paragraph (8) as paragraph (7);
(2) in subsection (b)--
(A) in paragraph (1) in the matter preceding subparagraph (A), by striking `documented';
(B) in paragraph (1)(A), by striking `the Boundary Line' and inserting `3 nautical miles from the baseline from which the territorial sea of the United States is measured or beyond 3 nautical miles from the coastline of the Great Lakes';
(C) in paragraph (2)(B), by striking `lifeboats or liferafts' and inserting `a survival craft that ensures that no part of an individual is immersed in water';
(D) in paragraph (2)(D), by inserting `marine' before `radio';
(E) in paragraph (2)(E), by striking `radar reflectors, nautical charts, and anchors' and inserting `nautical charts, and publications';
(F) in paragraph (2)(F), by striking `, including medicine chests' and inserting `and medical supplies sufficient for the size and area of operation of the vessel' and
(G) by amending paragraph (2)(G) to read as follows:
`(G) ground tackle sufficient for the vessel.';
(3) by amending subsection (f) to read as follows:
`(f) To ensure compliance with the requirements of this chapter, the Secretary--
`(1) shall require the individual in charge of a vessel described in subsection (b) to keep a record of equipment maintenance, and required instruction and drills; and
`(2) shall examine at dockside a vessel described in subsection (b) at least twice every 5 years, and shall issue a certificate of compliance to a vessel meeting the requirements of this chapter.'; and
(4) by adding at the end the following:
`(g)(1) The individual in charge of a vessel described in subsection (b) must pass a training program approved by the Secretary that meets the requirements in paragraph (2) of this subsection and hold a valid certificate issued under that program.
`(2) The training program shall--
`(A) be based on professional knowledge and skill obtained through sea service and hands-on training, including training in seamanship, stability, collision prevention, navigation, fire fighting and prevention, damage control, personal survival, emergency medical care, and weather;
`(B) require an individual to demonstrate ability to communicate in an emergency situation and understand information found in navigation publications;
`(C) recognize and give credit for recent past experience in fishing vessel operation; and
`(D) provide for issuance of a certificate to an individual that has successfully completed the program.
`(3) The Secretary shall prescribe regulations implementing this subsection. The regulations shall require that individuals who are issued a certificate under paragraph (2)(D) must complete refresher training at least once every 5 years as a condition of maintaining the validity of the certificate.
`(4) The Secretary shall establish a publicly accessible electronic database listing the names of individuals who have participated in and received a certificate confirming successful completion of a training program approved by the Secretary under this section.
`(h) A vessel to which this chapter applies shall be constructed in a manner that provides a level of safety equivalent to the minimum safety standards the Secretary may established for recreational vessels under section 4302, if--
`(1) subsection (b) of this section applies to the vessel;
`(2) the vessel is less than 50 feet overall in length; and
`(3) the vessel is built after January 1, 2008.
`(i)(1) The Secretary shall establish a Fishing Safety Training Grants Program to provide funding to municipalities, port authorities, other appropriate public entities, not-for-profit organizations, and other qualified persons that provide commercial fishing safety training--
`(A) to conduct fishing vessel safety training for vessel operators and crewmembers that--
`(i) in the case of vessel operators, meets the requirements of subsection (g); and
`(ii) in the case of crewmembers, meets the requirements of subsection (g)(2)(A), such requirements of subsection (g)(2)(B) as are appropriate for crewmembers, and the requirements of subsections (g)(2)(D), (g)(3), and (g)(4); and
`(B) for purchase of safety equipment and training aids for use in those fishing vessel safety training programs.
`(2) The Secretary shall award grants under this subsection on a competitive basis.
`(3) The Federal share of the cost of any activity carried out with a grant under this subsection shall not exceed 75 percent.
`(4) There is authorized to be appropriated $3,000,000 for each of fiscal years 2008 through 2012 for grants under this subsection.
`(j)(1) The Secretary shall establish a Fishing Safety Research Grant Program to provide funding to individuals in academia, members of non-profit organizations and businesses involved in fishing and maritime matters, and other persons with expertise in fishing safety, to conduct research on methods of improving the safety of the commercial fishing industry, including vessel design, emergency and survival equipment, enhancement of vessel monitoring systems, communications devices, de-icing technology, and severe weather detection.
`(2) The Secretary shall award grants under this subsection on a competitive basis.