H2666 CONGRESSIONAL RECORD — HOUSE April 24, 2008 who ensure the safety of the maritime diligence and work, and also for ex- ranking member, Mr. MICA, relative to industry prepare for these highly tech- pressing his remaining concerns. waterside security for liquefied natural nical jobs by meeting requisite train- I also want to express my apprecia- gas facilities. ing standards. The bill also requires tion to the chairman of our sub- Again, I want to thank the Chair of that as new liquefied natural gas (LNG) committee, Mr. CUMMINGS, who I’ve the subcommittee and the full com- terminals are approved, all of the re- had the pleasure now of working with mittee for working with us. I want to sources necessary to adequately secure about a year and a half, and I will tell thank Mr. BOUSTANY for his dogged these terminals are in place. I empha- you there is no Member that is more work to make sure that we come up size that these provisions will not im- dedicated to not only the mission of with a resolution that not only fits pede the development of any new the Coast Guard, but the safety of with the reality of assets that are project. They will simply ensure that those that they entrust with super- available, builds on a long tradition security requirements are met before vising. It is a pleasure to serve in the that we established in 2005, but also new terminals become operational. post of ranking member with Mr. permits us to move forward with the Further, H.R. 2830 will set new and CUMMINGS as the chairman. goal of attaining cheaper energy for increasingly stringent standards for And, also, a special affection for the Americans through the form of natural the treatment of ballast water through chairman of the full committee. I made gas. which invasive species have been intro- the observation at the beginning of With that, Mr. Chairman, I thank the duced to some of our Nation’s most this Congress, and I’ll repeat it again Chair very much and would reserve the fragile marine environments, such as today, that obviously, as a Republican, balance of my time. the Chesapeake Bay. It will also give none of us were excited about being The CHAIRMAN. The Committee will mariners the right to have cases in- thrust after 12 years from the majority rise informally. volving the potential suspension or party to the minority party, but if The SPEAKER pro tempore (Mrs. revocation of their professional creden- there was to be a Democratic Chair of TAUSCHER) assumed the chair. tials heard by the National Transpor- the House Transportation and Infra- f tation Safety Board’s administrative structure Committee, there is no one FURTHER MESSAGE FROM THE law judge system. more deserving, in my opinion, perhaps SENATE These provisions respond to compel- in the history of the institution, than ling testimony from former Coast the gentleman from Minnesota (Mr. A further message from the Senate by Ms. Curtis, one of its clerks, an- Guard ALJs indicating that they did OBERSTAR). He really takes our com- not work in an environment that sup- mittee, no matter what the issue, nounced that the Senate has passed a ported their exercise of judicial inde- above partisanship to the goals of the bill of the following title in which the pendence. Mariners who are unsafe Transportation Committee, and that concurrence of the House is requested: should not be on our Nation’s water- is, safeguarding our waterways and S. 2903. An act to amend Public Law 110–196 ways, but fair treatment must be as- building America. to provide for a temporary extension of pro- grams authorized by the Farm Security and sured to all individuals in any legal And, lastly, while I’m saying nice Rural Investment Act of 2002 beyond April proceeding. And the transfer of the things about people, I am pleased, Mr. 25, 2008. Coast Guard’s ALJ function to the Na- Chairman, that the Speaker of the The SPEAKER pro tempore. The tional Transportation Safety Board House, Mrs. PELOSI, has installed you Committee will resume its sitting. will avoid even the potential appear- as the Chairman of the Committee of ance of unfairness. the Whole for the consideration of this f Finally, the amendment takes sig- piece of legislation. COAST GUARD AUTHORIZATION nificant new steps to ensure that our I rise in strong support of this bill. ACT OF 2008 Nation’s ‘‘shield of freedom’’ resembles And I am especially proud of the bal- The Committee resumed its sitting. the nation it is defending. The bill last water provisions and the marine Mr. OBERSTAR. I would like to in- would require applicants to the Coast safety provisions located within the quire how much time remains on each Guard Academy to be nominated by bill. side. Members of Congress or other authori- This bill will establish national The CHAIRMAN. The gentleman ties. This, in conjunction with ex- standards requiring the treatment of from Minnesota has 21⁄2 minutes re- panded minority recruiting efforts, ballast water to minimize the introduc- maining. The gentleman from Ohio has would draw students from all of our tion of invasive species into the Great 91⁄2 minutes remaining. Nation’s communities to the academy, Lakes and other U.S. waters. The bill Mr. OBERSTAR. Mr. Chairman, I re- beginning the process that the Com- will build on a lot of work that has al- serve the balance of my time. mandant himself has said is needed to ready been done. Those of us that are Mr. LATOURETTE. Mr. Chairman, at expand minorities at all ranks of the from the Great Lakes know very well this time, it is my pleasure to yield 3 more than 6,000-member officer corps the importance of this issue. minutes to a gentleman I mentioned in from the current number of 827. I am disappointed that we’ll have a my opening remarks, the gentleman As chairman of the Subcommittee on colloquy later with the chairman of the from Louisiana (Mr. BOUSTANY), who Coast Guard and Maritime Transpor- full committee relative to an amend- has been a true leader in the House of tation, it is my honor to be an original ment that was offered at the Rules Representatives on this issue of shore- cosponsor of H.R. 2830, which will set Committee that would protect millions side and waterside security for LNG fa- standards that will ensure the Coast of recreational boaters from falling cilities. Guard performs at the level it expects under a discharge permitting program Mr. BOUSTANY. I want to thank my of itself while also providing the re- designed for large oceangoing vessels. colleague for yielding time and for his sources necessary to enable the service In the absence of this language, come work with me on an amendment to this to fulfill all of its missions. September recreational voters will be bill that I think will improve the bill. Mr. LATOURETTE. Mr. Chairman, I facing fines of up to $32,500 a day for I also want to thank the chairman yield myself such time as I may con- violations of program rules. For more and ranking member of the committee sume. than 30 years, Mr. Chairman, both rec- and the ranking member of the full Mr. Chairman, I rise in strong sup- reational and commercial vehicles committee for their work in bringing port of H.R. 2830, and I’ll tell you why were exempted from these programs, together a good bill. in just a second, but just a couple of and I hope that the majority will join I rise in support of the bill, but I editorial notes. One is that it is my be- us to develop language addressing want to emphasize that our Nation has lief that this Coast Guard reauthoriza- these understandings. a growing demand for natural gas, and tion is brought to the floor in the best As well, when we get to the amend- this amendment that I’m going to offer traditions of the Transportation and ment portion of the bill, I have an with my colleague and friend, Mr. Infrastructure Committee. And I want amendment that I’m offering with Mr. LATOURETTE, will help to ensure that to commend the ranking member of BOUSTANY of Louisiana that addresses we don’t halt future domestic liquefied our full committee, Mr. MICA, for his some of the concerns raised by the natural gas expansion.

VerDate Aug 31 2005 04:48 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K24AP7.012 H24APPT1 smartinez on PROD1PC64 with HOUSE April 24, 2008 CONGRESSIONAL RECORD — HOUSE H2667 Some localities have turned their The CHAIRMAN. The gentleman’s But we won’t move on any bill that backs on this promising energy solu- time has expired. brings on fossil fuels and expansion of tion. And if we’re going to solve our en- Mr. LATOURETTE. I would be happy fossil fuels on this floor. Shame on us. ergy problems in this country, we have to yield 15 seconds to the distinguished What’s another solution? The Coast to make sure that we diversify our gentleman from Minnesota. Guard protects our coast. Look at the sources to the fullest extent. In Lou- Mr. OBERSTAR. Both gentlemen red area over there: the Outer Conti- isiana, we have prided ourselves upon made a splendid statement on the issue nental Shelf, ripe for exploration devel- producing and delivering energy that and during the amendment process. Be- opment, natural gas, crude oil. But, no, all Americans rely upon, and liquefied cause of the persuasive case you’ve it’s off-limits. We can’t get there. natural gas is certainly no exception. made, we are prepared to accept your Think about Katrina. The Coast This past Monday, I was down in amendment. Guard performed admirably. Cameron Parish on the coast of Lou- Mr. LATOURETTE. I thank the You know what we forget? Remember isiana in my district with Secretary Chair. that big cloud that rolled up? Tell me Bodman for the opening of the first liq- At this time—if the gentleman is re- the major ecological damage based uefied natural gas facility to be con- serving his 21⁄2 minutes—it’s my pleas- upon all those oil platforms in the structed in this country in over the ure to yield 3 minutes to the distin- coast. Can you name one? No. Not a past 25 years. And this facility, once guished gentleman from Illinois (Mr. single one because we can do it safely. fully operational, will be the largest SHIMKUS). So we can do it safely in those areas. liquefied natural gas facility in the (Mr. SHIMKUS asked and was given We should not have to burden the tax- world. It’s going to supply approxi- permission to revise and extend his re- payer with $26 million of cost for allow- mately 5 percent of all U.S. natural gas marks.) ing crude oil prices to go up. We needs when fully operational. It has Mr. SHIMKUS. I also want to com- shouldn’t do that. And that’s why it’s two 42-inch pipelines that will connect mend the chairman, Mr. OBERSTAR, important to lower our prices. to provide natural gas for 75 percent of who is really interested in transpor- Mr. OBERSTAR. Mr. Chairman, I all the markets in the United States. tation issues, a good man of heart, and continue to reserve the balance of my And within the next decade, 25 percent I applaud your leadership. time. of all natural gas will run through my Mr. Chairman, this authorization bill Mr. LATOURETTE. May I ask—I district. brings 1,500 new Coast Guardsmen. know the chairman has 21⁄2 minutes— So clearly, as we look at this bill, we We’re proud of their service. how much time do we have? should not have provisions that could My debate, my concern, over the past The CHAIRMAN. The gentleman potentially kill future liquefied nat- 2 weeks, obviously, is energy and the from Ohio has 31⁄4 minutes. ural gas expansion by arbitrarily legis- increased cost of bringing on the 1,500 Mr. LATOURETTE. I thank the lating that no new facility can be cer- new Coast Guardsmen in addition to Chair. tified unless the Coast Guard has the the burden on the government. It Mr. Chairman, I would yield myself assets on hand to carry out the secu- would be better if we had lower energy such time as I may consume to engage rity measures. The Coast Guard does costs to help meet those needs, but we in two short colloquies with the chair- not need to do all of this. They have don’t. We have higher costs. man of the full committee, if I may. limited assets. And down in my district Of course, the Coast Guard uses avia- Mr. Chairman, first of all, would you they have worked very well with local tion fuel too, quite a bit of it. So does be willing to enter into a colloquy re- authorities, sheriff’s department, other the United States Air Force. For every garding the withdrawal of funds from local authorities, to bring all assets to $10 over a barrel, it costs our Air Force the seamen’s accounts authorized bear to provide the necessary security. 600 million more dollars out of the under section 405? The Coast Guard must be allowed to budget. We know the burden on the Mr. OBERSTAR. I invite the gen- continue to have this ability to partner Coast Guard helicopters. We know the tleman to pursue this colloquy. with local agencies and waterway cost to the Coast Guard ships that are Mr. LATOURETTE. Thank you. users, state government, local law en- diesel run. For every dollar increase in Mr. Chairman, it’s my understanding forcement, to manage and protect our diesel fuel, it costs the Coast Guard $26 that it is current practice for seamen waterways. million to operate. on passenger vessels to be paid in cash. The first delivery of natural gas into And this is the kind of the charts I Section 405 authorizes the deposit of the newly constructed Sabine Pass fa- have been using over the past 3 weeks their pay into certain approved ac- cility that I just mentioned illustrates and will continue to use this ad infi- counts. The section also requires that this point. The Sabine-Neches Naviga- nitum until this country, which is the those funds be available for with- tion District manages the overall river greatest country on the face of this drawal. I understand that, as a prac- maintenance. They help fund local law Earth, does what other developing tical matter, many seamen want to enforcement efforts. And the Jefferson countries do: that we go and explore make sure that they can make those County, Texas sheriff’s department and use our own resources to meet our withdrawals in cash. provides helicopter overflight security. own needs. Would the chairman and the chair- Cameron Parish, just across the river We know that we are dependent upon man of the subcommittee be willing to in my district, provides the marine pa- imported crude oil. Shame on us. work with us in conference to clarify trol supplement. And all of this is done Shame on us when we have the ability the amounts that can be withdrawn under the approval and guidance of the to meet our energy needs. from those in cash up to the amount of Coast Guard. So we’re not undermining And this is what happens: When this a seaman’s pay? what the Coast Guard does, we’re mere- majority took over, the price of a bar- Mr. OBERSTAR. Most certainly. ly enhancing what the Coast Guard is rel of crude oil was $58.31. Today it This is a 120-year-old practice in sea- able to do to provide security. dropped a dollar from last week, $116. faring, and we ought to address that That’s the problem. What’s the prob- issue, as the gentleman has rightly b 1100 lem at the pump? From $2.33 to $3.55. raised it. A cooperative approach is working on Bringing climate change legislation, 50 Mr. LATOURETTE. I thank the the gulf coast. It allows the Coast cents of additional tax on gasoline, we Chair. Guard to work with Southwest Lou- would be paying $4.05. The second colloquy, if you’d be kind isiana authorities and Texas authori- What’s the solution? One, use our enough to engage in a colloquy relative ties in this situation. We shouldn’t abundant natural resources in our to the delegation of certain functions handcuff these communities in this ef- country, coal-to-liquid technologies. In of the Coast Guard to classification so- fort. Illinois alone we have 250 years’ worth cieties. So I urge the adoption of the amend- of energy just waiting to be brought on Mr. OBERSTAR. Of course. Please ment as we go forward with this bill. line, turned into liquefied fuel, low- proceed. Mr. OBERSTAR. Mr. Chairman, ering the cost of diesel to our Coast Mr. LATOURETTE. Mr. Chairman, could the gentleman yield 15 seconds? Guard, saving the taxpayers money. the unnumbered section in your

VerDate Aug 31 2005 00:14 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K24AP7.014 H24APPT1 smartinez on PROD1PC64 with HOUSE H2668 CONGRESSIONAL RECORD — HOUSE April 24, 2008 amendment that replaces section 318 as prove maritime safety and to protect Transportation and Infrastructure Committee. I reported by the Transportation and In- our environment. also want to thank him and Subcommittee frastructure Committee adds a new I want to thank the chairman of the Chairman CUMMINGS for their work in bringing subsection, subsection (d), to section subcommittee, Mr. CUMMINGS, and the this bill to the floor. 3316 of title 46 of the United States chairman of the full committee, Mr. I rise today in support of the Coast Guard Code. Under paragraph (2) the Sec- OBERSTAR, and the ranking member, Authorization Act. This bill makes important retary may delegate the Coast Guard’s Mr. LATOURETTE, for working with us strides in strengthening the modern day mis- authority to a foreign classification so- to include this language. I think it’s sion of our Coast Guard and enhancing our ciety ‘‘to the extent that’’ the govern- very important language that could national security. ment of the society’s home country, prevent these kinds of accidents from Also included in this bill is language clari- one, accepts plan review, inspections, happening in the future. fying the rule related to the taxation of inter- or examinations conducted by ABS, Mr. OBERSTAR. Mr. Chairman, I state waterway workers. Under current law, and, two, provides to ABS equivalent yield 1 minute to the gentlewoman most employees whose jobs require them to access to inspect, certify, and provide from California (Ms. RICHARDSON). work in multiple states, such as our rail and related services to offshore facilities Ms. RICHARDSON. Mr. Chairman, airline workers for example, are taxed only by under that country’s jurisdiction. there is no question that America en- their state of residence. This has previously I understand that some foreign coun- trusts the Coast Guard to secure and not been true for waterway workers. In an ef- tries do not use a delegation system properly maintain and administer fort to address the unsettled tax situation of but instead accept plan reviews, inspec- America’s waterways and port facili- waterway workers throughout the country, I tions, or examinations performed by ties. The task before this Chamber authored legislation in the 106th Congress classification societies as part of a today is not about oil prices. In fact, called the ‘‘Transportation Employment Fair comprehensive operating plan sub- it’s about the Coast Guard and their Taxation Act.’’ The legislation barred states mitted by the offshore leaseholder. ability to quickly and effectively re- from taxing a nonresident waterway worker Concerns have been raised that the spond to intense demands. ‘‘who performs regularly-assigned duties while Americans live along the coast, and Secretary may construe acceptance of engaged as a master, officer, or crewman on they depend upon the Coast Guard to the ABS plan reviews, inspections, or a vessel operating on the navigable waters of provide that layer of protection and se- more than one state.’’ As the House report for examinations as part of those com- curity. In California, where the 11th prehensive plans to be something less District resides, 2,600 active and 3,500 this legislation stated, the purpose of the legis- than full acceptance of plan review, in- volunteer auxiliaries have saved over lation was to ‘‘prohibit any State from taxing spections, or examinations in the 500 lives. Properly funding the Coast the income of a non-resident interstate water- United States, thus limiting the work Guard’s programs through this legisla- way worker.’’ The Senate version of this legis- that classification societies tion of H.R. 2830 will not only enhance lation was signed into law on November 9, headquartered in those companies marine safety but reduce the risk of 2000. could perform in the United States and maritime terrorism on some of our Na- Unfortunately, I have recently been made limiting the work that ABS can per- tion’s most sensitive ports. aware of a 2006 decision by one state’s tax form in foreign offshore markets. The CHAIRMAN. Each side has 30 court that is inconsistent with the intent of the Would the Chair be willing to work in seconds remaining. 2000 law. The court concluded that because conference to clarify what constitutes Mr. LATOURETTE. Mr. Chairman, to the bill uses the word ‘‘of’’ instead of ‘‘in,’’ it fair and full access by ABS to work in close the debate on our side, and I hope only applies the waterways that are owned foreign offshore markets and by foreign that Homeland Security, if they don’t jointly by more than one state. This was not classification societies headquartered use all their time, can give him more the intent of the 2000 law. The legislative his- in countries which do not use delega- time, I yield 30 seconds to a distin- tory at the time makes clear that it was not the tion schemes to work domestic offshore guished member of the full committee, intent of the law. And I know what the intent markets? the gentleman from Michigan (Mr. was because I authored the legislation. Mr. OBERSTAR. I thank the gen- EHLERS). The legislation before us today makes a tleman for raising this very complex Mr. EHLERS. Today is a great day slight wording change to the 2000 law to clar- issue on which we’ve devoted an enor- for the Great Lakes and the coastal ify that the law is intended to apply to all inter- mous amount of time and visited with areas. Today is a terrible day for the state waterway workers on all waterways, not the Norwegian Ambassador and other zebra mussels. just workers who work on waterways that are interests, the American Bureau of And I want to thank Chairman OBER- jointly owned by two or more states. It is my Shipping and others, and I’m com- STAR and Ranking Member sincere hope that this minor change will, in no mitted to working with the gentleman LATOURETTE for their good work on uncertain terms, make clear that states are to resolve this issue in an equitable this bill, because it contains measures prohibited from taxing the income of a non- and fair manner as we proceed forward to inspect and treat and exchange bal- resident interstate waterway worker. I want to with it. last water to prevent any more of those make clear that this is the intent of the lan- Mr. LATOURETTE. I thank the nasty invasive alien species from get- guage in the bill before us today, and it re- Chair. ting into this country, and into its wa- mains the intent of the law I authored in 2000. Mr. Chairman, at this time I reserve ters. It now costs us about $13 billion Mr. OBERSTAR. Mr. Chairman, I the balance of my time. every year for the damage caused by yield myself the balance of my time. Mr. OBERSTAR. Mr. Chairman, I invasive species. This bill will help I first thank the gentleman from yield 1 minute to the gentlewoman stop any future species from coming in, Ohio for his very generous and very from California (Mrs. TAUSCHER). and I hope we will be able to develop kind and thoughtful remarks. I greatly Mrs. TAUSCHER. Mr. Chairman, I methods of treating these critters so appreciate the camaraderie we share rise in strong support of H.R. 2830, the that we can get rid of them and once and the partnership in doing the work Coast Guard Authorization Act. again enjoy the pure waters of this of the committee. In November of last year, the con- country the way we should. And I want to thank the gentleman tainer ship COSCO BUSAN collided So thanks again to both of you for from Michigan, who gave most insight- with the San Francisco Bay Bridge and doing this, and let’s get out there and ful comment on this whole bill. It is a spilled 58,000 gallons of bunker fuel fight those nasty zebra mussels! bad day for zebra mussels and spiny into San Francisco Bay. The spill was Mr. OBERSTAR. Mr. Chairman, I echinoderms and a whole host of other one of the worst environmental disas- yield for the purpose of making a unan- invasive species that we’re going to ters in San Francisco Bay history. imous consent request to the gen- deal with severely as this bill moves to I have included language in this bill tleman from Washington (Mr. BAIRD). enactment. that would require the Coast Guard to (Mr. BAIRD asked and was given per- I do want to observe that the gentle- have marine pilots carry their own mission to revise and extend his re- woman from California (Ms. WOOLSEY) navigation devices, commonly known marks.) is concerned about five Bay Area light- as Portable Pilot Units. These devices Mr. BAIRD. I thank the Chairman for the houses, Point Montara, Alcatraz Is- are an easy and practical way to im- time and applaud him for his leadership of the land, Lime Point in Fort Baker, Point

VerDate Aug 31 2005 03:09 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K24AP7.016 H24APPT1 smartinez on PROD1PC64 with HOUSE April 24, 2008 CONGRESSIONAL RECORD — HOUSE H2669 Diablo, and Point Bonita, and we will Service Members, more Maritime Secu- I am also very concerned about two work with the gentlewoman and the rity Response Teams, more Canine De- entire titles that were added to the bill Coast Guard to expedite transfer of tection Teams, and the Waterway after they were considered by four those Coast Guard facilities to the U.S. Watch program. committees of jurisdiction. A new title Park Service. This bill was favorably reported by X shifts 80 percent of the Coast Guard’s And, again, I want to say, as I did at my committee on a bipartisan basis Administrative Law Judge resources the outset, we took our time all last fall. Representative KING and I and several of the Coast Guard’s ALJ through last year and part of this year share a commitment to the Coast authorities to the National Transpor- to craft a splendid bill in an inclusive Guard. I am pleased that we were able tation Safety Board. This is being pro- manner, hearing out the concerns of to work together to give the Coast posed as over 1 million TWIC cards are the Coast Guard and addressing exten- Guard the resources it needs. For too being issued to our rail, truck, and port sively the concerns of the Republican long, the Coast Guard has had to make workers. These are those biometric members of the committee to be thor- do with aging assets that do not meet cards that we have spent so much time ough and produce the best bill possible, the challenges of a 9/11 world. The developing and hoping that it would fi- and we are happy to bring this bill in Coast Guard is actually still operating nally get in place. good time to the House floor today. boats that were used during World War The effect of this provision, I fear, The CHAIRMAN. Pursuant to the II. It is time that these boats were re- could leave only two ALJs, that is Ad- Chair’s prior announcement, the gen- tired and newer assets brought into ministrative Law Judges, to hear any tleman from Mississippi (Mr. THOMP- service. These boats, however, must appeals to TWIC denials. That has been SON) and the gentleman from California work. one of the great concerns we have had. (Mr. LUNGREN) each will control 10 Unfortunately, the Coast Guard has If we have this TWIC system set up, minutes. accepted, under the Deepwater con- how can people appeal if they have The Chair recognizes the gentleman tract, boats that can’t even float. That been denied their TWIC cards. This from Mississippi. is unacceptable. The American public would dramatically slow the appeals Mr. THOMPSON of Mississippi. Mr. and the men and women of the Coast process, to the detriment of port secu- Chairman, I believe the gentleman Guard deserve better. The Homeland rity and our Nation’s port workers, from California wants to engage in a Security Committee has added the who are relying on a timely adjudica- colloquy, so I reserve the balance of my Deepwater reform provisions during tion of a TWIC for their livelihood. time. our markup to get this critical pro- As a recent letter from TSA opposing Mr. DANIEL E. LUNGREN of Cali- gram back on course. this proposal states, ‘‘ALJs at the fornia. Mr. Chairman, I thank the gen- I would like to thank Chairman Coast Guard have built up expertise in tleman from Mississippi, and before we OBERSTAR and Chairman CUMMINGS for transportation security matters, and I begin our debate on the Coast Guard displaying a willingness to work with fear this provision will negatively im- Authorization Act for 2008, I yield my- me to bring this bill to the floor. I urge pact not only TWIC, but other pro- self such time as I may consume for passage of this important legislation grams as well, including hazardous ma- the purposes of a colloquy with Mr. that will significantly improve the se- terials endorsement, and may result in THOMPSON. curity of our Nation’s maritime envi- even higher fees for these workers.’’ Mr. THOMPSON, would you please join ronment. Mr. OBERSTAR. Would the gen- me in remembering the sacrifice of I reserve the balance of my time. tleman yield? Damage Controlman Third Class Na- Mr. DANIEL E. LUNGREN of Cali- Mr. DANIEL E. LUNGREN of Cali- than B. Bruckenthal of the U.S. Coast fornia. Mr. Chairman, I yield myself fornia. I would be happy to yield, yes. Guard, who was killed off the coast of such time as I may consume. Mr. OBERSTAR. Just briefly to clar- Iraq on this date in 2004? He was the First of all, let me thank Chairman ify that point. We do not transfer ALJs first U.S. Coast Guardsman to have THOMPSON for his and his staff’s hard from the Coast Guard. We leave those been killed in battle since the end of work in reporting a bill from our Com- in place, just transfer the venue, and the Vietnam War. mittee on Homeland Security in Sep- we will provide both in this bill and in I yield to the gentleman from Mis- tember that I believe was the result of the subsequent NTSB authorization sissippi. solid bipartisan compromise, and for funding for additional ALJs at the Mr. THOMPSON of Mississippi. I Chairman THOMPSON’s continued co- NTSB, as we did in aviation. thank the gentleman for yielding. operation over the past several months Mr. DANIEL E. LUNGREN of Cali- Mr. Chairman, Petty Officer as the committee worked to bring this fornia. I hope that is true, reclaiming Bruckenthal and two Navy petty offi- bill to the floor. my time. Mr. OBERSTAR. I just tell the gen- cers were killed during a coordinated Obviously, we have heard from those suicide attack on the oil platforms off tleman that is the case. of the Transportation and Infrastruc- Mr. DANIEL E. LUNGREN of Cali- the coast of Iraq. These men offered ture Committee many of the good what President Lincoln referred to as fornia. Well, the effect of the provision things in this bill. I must say, however, is to take 80 percent of the resources ‘‘the last full measure of devotion’’ for I am disappointed that the Transpor- their country. that are currently allocated to the tation and Infrastructure Committee ALJ, Administrative Law Judge pro- b 1115 largely ignored the committee on gram, and that in effect would make it Mr. DANIEL E. LUNGREN of Cali- Homeland Security’s improvements, very, very difficult for them to con- fornia. Reclaiming my time, Petty Of- particularly to those provisions relat- tinue, since they have a total of seven ficer Bruckenthal is survived by his ing to LNG security. ALJs, and if you take 80 percent of the While our committee’s approach was wife Patricia and their daughter Harp- funding, I believe that would leave us reasonable and risk-based, as we have er. We all join in thanking them for with about 20 percent. their sacrifice. Petty Officer attempted to approach all of our prob- I would like to include a copy of this Bruckenthal represented the very best lems with respect to homeland secu- letter from TSA in the RECORD. rity, that is with a risk-based ap- of the U.S. Coast Guard and what it has U.S. DEPARTMENT OF HOMELAND SE- proach, the language adopted by the to offer. CURITY, TRANSPORTATION SECU- With that, I reserve the balance of other committee, I fear, abandons the RITY ADMINISTRATION, my time. risk-based approach and assumes a Arlington, VA. Mr. THOMPSON of Mississippi. Mr. cookie cutter, one-size-fits all ap- Hon. PETER T. KING, Chairman, I yield myself such time as proach. Ranking Member, Committee on Homeland Se- I may consume. My friend from Ohio (Mr. curity, Mr. Chairman, H.R. 2830 is an impor- LATOURETTE) has an amendment that House of Representatives, Washington, DC. tant milestone in protecting our Na- would clarify that State and local re- DEAR CONGRESSMAN KING: I am writing to tion’s port and maritime security. It is sources can be considered when identi- express the Transportation Security Admin- istration’s (TSA) strong opposition to Title the first bill to provide adequate re- fying resources available to provide the X—Appeals to National Transportation Safe- sources to an agency that has been sys- newly mandated security patrols, and I ty Board (NTSB) of the manager’s amend- tematically underfunded for years. would hope that his amendment would ment to H.R. 2830, the ‘‘Coast Guard Author- H.R. 2330 authorizes 1,500 additional be adopted. ization Act of 2007.’’ Title X would transfer

VerDate Aug 31 2005 04:48 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K24AP7.020 H24APPT1 smartinez on PROD1PC64 with HOUSE H2670 CONGRESSIONAL RECORD — HOUSE April 24, 2008 Coast Guard Administrative Law Judge The second new title, title XI, cre- 15 seconds to the chairman of the full (ALJ) authority for review of merchant mar- ates an assistant commandant for ma- T&I Committee, Mr. OBERSTAR. iner documentation and 80 percent of the rine safety and a vast new super struc- Mr. OBERSTAR. I just wanted to re- Coast Guard ALJ budget to the NTSB. This ture, including Marine Safety Spe- affirm for my colleague in the Hip Re- could have an adverse impact upon the adju- dication of TSA’s civil enforcement cases cialist, that receive special benefits placement Caucus from California that and anticipated cases dealing with the such as geographic stability and spe- when we transferred authority from Transportation Worker Identification Cre- cial promotion system. It provides for the FAA to the NTSB for aviation ap- dential (TWIC) program. the possibility of additional pay for peals, we provided authority, funding, TSA questions whether sufficient legal, ad- Coast Guard personnel in the marine and we went to the Appropriations ministrative, and budget resources will con- safety field. Unfortunately, with no re- Committee to seek additional moneys, tinue to be provided to the Coast Guard to gard for those Coast Guard men and and were successful in doing that. We support its remaining ALJ functions, includ- are committed to doing the same in the ing adjudication of TSA security cases. women engaged in other critical, dan- For more than 5 years, TSA has been ex- gerous missions like search and rescue, case of the Coast Guard. Again, we will tremely well served by the Coast Guard national defense, and port security. I provide in the NTSB authorization ad- ALJs as fair, impartial, and responsive adju- wonder if we really want to do that. ditional ALJ personnel for these ap- dicators in security cases involving individ- It appears to elevate the Coast peals. uals in the transportation sector. Under an Guard’s marine safety mission above Mr. THOMPSON of Mississippi. Mr. interagency agreement, Coast Guard ALJs all others. Most notably, the Com- Chairman, I recognize the gentleman play a major role in TSA’s enforcement and mandant of the Coast Guard has real from Rhode Island (Mr. LANGEVIN) for 2 security credentialing programs. They adju- dicate aviation security civil penalty cases, and serious concerns about this reorga- minutes. Hazardous Materials Endorsement (HME) nization language that has never been (Mr. LANGEVIN asked and was given and TWIC denials of requests for waivers and considered by any committee, to my permission to revise and extend his re- appeals from individuals who have received a knowledge. I would think we would marks.) Final Determination of Threat Assessment; want to seriously deliberate these pro- Mr. LANGEVIN. Mr. Chairman, I rise appeals by air cargo workers who have re- visions in an open forum and give the today in strong support of the Coast ceived a Final Determination of Threat As- Commandant an opportunity to voice Guard Reauthorization Act of 2008, sessment; and appeals by individuals holding his concerns to the Congress. H.R. 2830, which will allow the Coast or applying for Federal Aviation Administra- Guard to appropriately balance its dual tion certificates, ratings, or authorizations Mr. BROUN of Georgia has introduced who have received a Final Determination of an amendment stripping these two missions of safety and security. In the Threat Assessment. problematic titles so they can be con- past few years, we have increasingly In the absence of sufficient ALJ legal and sidered on their merits by the appro- depended on the Coast Guard to ensure administrative resources at the Coast Guard, priate congressional committee, and I our shores against drug smuggling, TSA does not regard NTSB ALJs as a good am pleased that his amendment has acts of terrorism, and other suspicious alternative. Coast Guard ALJs have substan- been made in order. activity, while simultaneously keeping tial expertise in fair adjudication of security Other improving amendments offered recreational and commercial boaters programs. NTSB ALJs do not have expertise in transportation security matters. As TSA by the Committee on Homeland Secu- safe. continually expands the implementation of rity members include Mr. BILIRAKIS of Unfortunately, the Coast Guard has the TWIC program and the Coast Guard en- Florida, an amendment to make the been required to do more with less. forces it at our Nation’s seaports, TSA and Coast Guard’s incredibly successful bi- This important measure will reverse TWIC applicants will benefit from the sub- ometric identification pilot program that trend by providing an additional stantial experience Coast Guard ALJs have more permanent. I hope this amend- 1,500 Coast Guard personnel and $8.4 in the maritime security environment. ment is adopted. It will help us posi- billion in increased funding to ensure In addition, Coast Guard ALJs have been that the Coast Guard can carry out all sensitive to the challenges faced by individ- tively identify individuals with weap- uals representing themselves in a formal ad- ons, drug trafficking, and murder con- of these responsibilities successfully. I ministrative process and have worked with victions, and help us keep them out of am particularly pleased this bill will TSA to develop simplified procedures. the United States. increase oversight and efficiency of the TSA and Coast Guard have worked to- Both Mr. POE and I are offering an Transportation Worker Identification gether for years to establish caseload man- amendment with language to make op- Credential, or the TWIC program as it’s agement procedures, agreements, and fund- erations of the stealth mini submarines known, which has encountered numer- ing processes to efficiently handle TSA illegal. These subs, which can carry up ous problems since its inception nearly cases. For example, the Coast Guard serves as TSA’s Docketing Center for its formal to 10 tons of cocaine into the United 6 years ago. Many businesses, particu- hearing process. Shifting the workload to States, and have done so, would be larly those in my home State of Rhode ALJs of another agency would create a huge equally capable of transporting weap- Island, particularly those hiring sea- setback for TSA enforcement and adminis- ons of mass destruction or would-be sonal and temporary employees have tration. ALJ coverage, budgeting, processing terrorists. They are immediately scut- experienced economic hardship under time, and even geographic availability would tled, once detected, making prosecu- the program. But the bill before us will have to be reassessed and reestablished, a tion nearly impossible. So I hope that help fix many of the problems associ- process that may take several years. this amendment, when considered, ated with the TWIC program. In addition, TSA’s HME and TWIC are fee- based programs. TSA developed its fee mod- would be approved on this floor. Finally, H.R. 2830 will require the els based on Coast Guard cost estimates and If these concerns are not adequately Coast Guard to protect and enforce se- processing models. If conditions necessitate addressed here on the House floor, I curity zones around all existing lique- TSA’s seeking ALJ services outside Coast would look forward to working with fied natural gas, or LNG facilities, and Guard, this could affect program costs, and the Senate in a conference to ensure encourages State and local entities to consequently, fees for applicants. that the men and women of the Coast assist the Coast Guard with this impor- I would appreciate your consideration of Guard have the resources it needs to tant mission. This provision will allow TSA’s concerns about the potential adverse continue to protect the citizens of the LNG facilities to safety operate in impact of Title X on the efficient adjudica- tion of important TSA security cases. United States. The Coast Guard is one densely populated areas, such as those Identical letters have been sent to the of the jewels of our overall executive in my home State of Rhode Island. Chairman of the House Homeland Security branch, particularly in DHS, and this In closing, Mr. Chairman, I commend Committee as well as the Chairman and bill, this reauthorization bill recog- both Chairman THOMPSON and Chair- Ranking Member of the House Committee on nizes that. Although it has some de- man OBERSTAR for their leadership in Transportation and Infrastructure. Please do fects, as I mentioned, I hope we can bringing this bill to the floor today, not hesitate to contact Ms. Claire Heffernan, work those out. and I urge my colleagues to support Acting Assistant Administrator for Legisla- tive Affairs, at (571) 227–2717 if you have any With that, I would reserve the bal- the measure. questions about this matter. ance of my time. Mr. DANIEL E. LUNGREN of Cali- Sincerely yours, Mr. THOMPSON of Mississippi. Mr. fornia. At this time, Mr. Chairman, I KIP HAWLEY, Chairman, for the sake of clarifying an would like to yield 2 minutes to the Assistant Secretary. issue brought up, I would like to yield gentleman from Michigan.

VerDate Aug 31 2005 04:48 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.047 H24APPT1 smartinez on PROD1PC64 with HOUSE April 24, 2008 CONGRESSIONAL RECORD — HOUSE H2671 Mr. KNOLLENBERG. I thank the the Coast Guard of the necessity of This bill explicitly authorizes end-strength by gentleman from California for yielding more resources, of keeping the facility 1,500 members to 47,000 and increasing time. open 24 hours a day and making sure Coast Guard funding to $8.4 billion which has I rise today in defense of the most that this TWIC process goes in order to not been done since the 1970s. important resource in my home State secure those. The act also includes provisions regarding of Michigan, the Great Lakes. The I am also grateful that we have in- shipping and navigation, vessel size limits, Coast Guard bill contains a measure creased the Coast Guard overall to maritime drug law enforcement, fishing vessel that will strengthen ballast water 47,000 and that the underlying bill re- safety, liability limits for natural gas deepwater treatment requirements for oceangoing focuses on the value of the Coast ports, claims against the Oil Spill Liability Trust ships. For years, these ships have Guard, both in terms of their standard Fund, dry bulk cargo rescue, merchant man- brought with them the scourge of duties, but also the new enhanced duty ner matter, and security. invasive species. I am proud to support for security. Mr. Chairman, I was pleased to work with these new treatment requirements and I hope that as we move TSA adminis- Chairman THOMPSON and offer an amendment consider them an important move to trative law judges, however, that we during our Homeland Security Committee protect our Great Lakes waters for will find a way to ensure that TSA is markup to this important legislation, which I generations to come. not impacted negatively and that we felt improved the bill. My amendment man- While not all invasive species have will have oversight to ensure that this dated the creation of a strategic plan to utilize made their way into the Great Lakes process will continue to work. assistance programs to assist ports and facili- through untreated ballast water, bal- Again, Mr. Chairman, this is an im- ties that are found by the Secretary not to maintain effective anti-terrorism measures. I last water still remains one of the most portant legislative initiative. This am also offering an amendment on the House common avenues into the Great Lakes again is the Homeland Security Com- floor today calling on the Secretary of Home- for destructive aquatic invasive spe- mittee and the Transportation Com- land Security to examine the challenges and cies. The ballast water treatment pro- mittee and the two chairpersons and delays faced by transportation workers seek- visions included in this bill will go a committee members working harmo- niously together, recognizing that the ing to obtain TWIC cards at enrollment sites long way toward keeping invasive spe- and mandates the development of timelines bottom line of what we do on the floor cies out of the lakes. Requiring ships and benchmarks for implementing the findings today and what we do for the American to exchange their ballast water 200 of this assessment. miles outside the U.S. will help solve people is to ensure their security. We Mr. Chairman, every year, 95 percent of the the problem in the short term before have done that today. goods coming into the United States arrive at I ask my colleagues to enthusiasti- ships are required to have the ballast our Nation’s seaports. These goods are cally vote for this legislation. water treatment equipment installed shipped from ports around the world, some Mr. Chairman, I rise in strong support of in their ships in 2015. from developed countries and others from de- We in Michigan face threats to our H.R. 2830, the Coast Guard Authorization Act veloping countries. I am particularly concerned Great Lakes from many angles, from of 2007, introduced by my distinguished col- about ports in developing countries. Devel- those who try to pollute them, to those league from Minnesota, Representative OBER- oping countries have limited resources which who try to take our water. I am proud STAR. This important legislation will provide means their ability to maintain effective anti- today that we have successfully our Nation’s Coast Guard with the resources it terrorism measures is limited. strengthened the ballast water treat- needs in order to successfully execute all its We cannot allow terrorists to exploit this lim- ment requirements that will protect missions. itation. Rather, we should work with devel- the health of our Great Lakes. As a member of the Homeland Security oping countries and others to build up their I thank, again, the gentleman from Committee, I believe protecting our Nation by anti-terrorism measures. This assistance will California for yielding time. air, land, and sea to be critical to our national benefit all of us. The developing countries will Mr. THOMPSON of Mississippi. Mr. security interests. This bill, the Coast Guard gain the support they need, and we will close Chairman, I yield 2 minutes to the Authorization Act of 2007, sets forth various a potential gap in our own supply chain. Every gentlelady from Texas (Ms. JACKSON- provisions that will be beneficial to our mari- gap we close is one less gap that can be ex- LEE). time interests, and consequently to our na- ploited by terrorists. I am pleased that this bill (Ms. JACKSON-LEE of Texas asked tional security. Included in the provisions are requires the Department of Homeland Security and was given permission to revise and the establishments of grants for international to develop a strategic plan to utilize existing extend her remarks.) maritime organizations, the establishment of assistance programs to assist foreign ports Ms. JACKSON-LEE of Texas. Mr. the Merchant Mariner Medical Advisory Com- and facilities that are found by the Secretary Chairman, let me thank both Chairman mittee, and codified various provisions relating not to maintain effective anti-terrorism meas- OBERSTAR and of course Chairman to Coast Guard personnel matters. ured. This bill furthermore authorizes the THOMPSON and Subcommittee Chair For some years now, I have been con- Coast Guard to lend, lease, and donate equip- ELIJAH CUMMINGS on this Coast Guard cerned about the diversion of Coast Guard re- ment and provide technical training to non- bill that all of us have worked on. As sources from their historic missions of search compliant foreign ports or facilities. The mul- the Chair of the Transportation Secu- and rescue and marine safety, to homeland tiple layers of security enhancement author- rity Subcommittee of Homeland Secu- security missions. Since the creation of the ized in this legislation will minimize the ability rity, I can assure you that the idea of Department of Homeland Security, and the of terrorists to target to maritime commerce overcoming the administration’s veto Coast Guard’s inclusion in the Department, and negatively impact the global supply chain. on the question of LNG security is one of the greatest challenges has been en- I am pleased that the Coast Guard Author- going to be an important stand today suring that the funds that the Coast Guard ization Act of 2007 includes specific provisions as we vote for this bill. have traditionally received in order to perform relating to Minority Serving Institutions (MSls). their duties remain intact so that they can fulfill Within this legislation, MSls are defined as a b 1130 the responsibilities that American citizens rely historically Black college or university, a His- The language that speaks to the LNG on them to perform, namely ensuring the safe- panic serving institution, a Tribal College or security is a fair statement. It gives ty of our Nation’s seas, lakes, rivers, and University, a Predominantly Black institution, the Coast Guard flexibility. It allows ports. or a Native American-serving institution. Sec- them to make an assessment, and it is Mr. Chairman, we have to ensure that the tion 901 of this important legislation states that the right thing to do. Coming from the Coast Guard will get their full funding which is the Commandant shall establish a manage- City of Houston, with a very large port, absolutely necessary to carry out their respon- ment internship program for students at MSls, I understand the need to protect the sibilities, and that is precisely what this legisla- enabling them to intern at Coast Guard head- surrounding communities and the im- tion does. This act authorizes appropriations quarters or Coast Guard regional offices in an portance of LNG security. for FY2008 for the Coast Guard. Furthermore, effort to support the development of civilian, In addition, I am grateful that I have this act also authorizes the FY2008 levels of career-midlevel, and senior managers for the an amendment going forward that will Coast Guard active duty military personnel service. This legislation furthermore instructs help expedite the TWIC card for so and average military training student loans, al- the Coast Guard to work with the National As- many who have not yet gone through lowing for sufficient human resources for the sociation for Equal Opportunity in Higher Edu- the process, to make an assessment by Coast Guard to achieve its designated goals. cation, the Hispanic Association of Colleges

VerDate Aug 31 2005 04:48 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4634 Sfmt 9920 E:\CR\FM\K24AP7.025 H24APPT1 smartinez on PROD1PC64 with HOUSE H2672 CONGRESSIONAL RECORD — HOUSE April 24, 2008 and Universities, and the American Indian the large number of applicants for such cards; to carry out all of the Coast Guard’s Higher Education Consortium to create this in- the feasibility of keeping those enrollment sites missions. This addresses my long- ternship program and authorizes $2 million to open after September 25, 2008; and the qual- standing concerns about inadequate be appropriated to this program. ity of customer service, including the periods staffing at the Coast Guard. Mr. Chairman, I have long stressed the im- of time individuals are kept on hold on the The legislation also requires the use portance of including this Nation’s MSIs in the telephone, whether appointments are kept, of security zones around all liquefied effort to secure our Nation. Section 903 of this and processing times for applications. natural gas, or LNG, facilities. This is legislation states that the Commandant shall My amendment furthermore calls on the a critical step in stopping these facili- establish Guard. Laboratory of Excellence-MSI Secretary of Homeland Security to develop ties from becoming targets as the num- a Coast Cooperative Technology Program at timelines and benchmarks for implementing ber of LNG imports increases. three minority serving institutions to focus on the findings of the assessment as the Sec- This bill will also improve the lot of priority security areas for the Coast Guard, retary deems necessary. By identifying the the Transportation Worker Identifica- such as global maritime surveillance, resil- areas in which enrollment sites for homeland tion Credential, or the TWIC, by pro- ience, and recovery. It also calls on the Com- security cards are ineffective and inefficient viding more facilities where workers mandant to encourage collaboration among and creating a timeline through which to im- can submit their fingerprints so they the minority serving institutions selected to plement necessary changes and benchmarks can enroll in TWIC more efficiently participate in the cooperative technology pro- to ensure their progress and accountability, we and meet the September 25, 2008, dead- gram and institutions of higher education with will make this Nation a safer place accessible line. This affects 650,000 port workers. institutional research and academic program to labor and operations alike. In addition, the legislation enhances resources and experience. These and other Mr. Chairman, the Transportation Security oversight of TWIC by requiring reports measures included within this bill are abso- Administration has expressed some concern to Congress and the GAO on ongoing lutely imperative as the Office of Workforce over Title X of this legislation. Title X would program implementation. Planning has recently revealed that only 5 per- transfer Coast Guard Administrative Law H.R. 2830 requires the establishment cent of the officer corps is African American Judge (ALJ) authority to review merchant mar- of an additional maritime security re- and only 12 percent of the officer corps is iner documentation as well as 80 percent of sponse team. Currently there is only comprised of ethnic minorities, while in the last the ALJ budget to NTSB. I understand the one in the Nation, and it is based on 3 years the numbers of minority ascensions TSA’s concern that such a step might have an the east coast. It makes sense to have have actually decreased. adverse impact on anticipated cases dealing a second one, because, of course, there The Coast Guard Authorization Act of 2007 with TWIC and adjudication of TSA’s civil are plenty of people on the west coast, also increases oversight and efficiency of the cases, and I am committed to working with and we need it. TWIC program, which was originally mandated TSA to ensure that the execution of this legis- I urge all of my colleagues to support 6 years ago, yet continues to flounder. To lation is beneficial to all parties involved. this legislation and its many provi- date only 230,000 out of an estimated 845,000 Long before the horrific events of Sep- sions. It strengthens the security oper- applicants have enrolled in the TWIC program, tember 11, 2001, citizens of American relied ations and the safety operations that while the deadline for enrollment is September upon the Coast Guard to ensure the safety of our Coast Guard does. 25, 2008. While this provision of the Coast our waterways, and we depend on them still. Thank you, Mr. Chairman. I want to Guard Authorization is both timely and impor- Therefore, I urge my fellow members of Con- thank all of those who worked so hard tant, there is still more which must be done in gress to also support the Coast Guard Author- on this bill. order to ensure that the program is both effec- ization Act of 2007 and ensure this rich and Mr. DANIEL E. LUNGREN of Cali- tive and efficient, which is why I have offered necessary tradition remains a thriving and fornia. Mr. Chairman, I reserve the bal- an amendment. useful part of not only our national defense ance of my time. I would like to reiterate only a few of the ob- strategy but also to protect us and the envi- Mr. THOMPSON of Mississippi. Mr. stacles that workers have faced in my State of ronment from those threats by sea. Chairman, I have no more speakers. If Texas as well in my district of Houston. For The CHAIRMAN. The Chair would the gentleman from California has no example, a marine worker enrolled at the advise that the gentleman from Cali- more speakers, then I am prepared to Houston Port enrolled on December 13, 2007. fornia has 30 seconds remaining and close after the gentleman closes. To date, he still does not yet have a TWIC the gentleman from Mississippi has 33⁄4 card. He remained on hold for 4 hours and 10 minutes remaining. The CHAIRMAN. The gentleman minutes and was finally told by the operator Mr. DANIEL E. LUNGREN of Cali- from California is recognized for 30 sec- that he would have to return to Houston to be fornia. Mr. Chairman, I reserve the bal- onds. fingerprinted again after APR. Incidentally, a ance of my time. Mr. DANIEL E. LUNGREN of Cali- representative of Higman Marine Services, Mr. THOMPSON of Mississippi. Mr. fornia. Mr. Chairman, I submit for the Inc. asked the same question about their em- Chairman, I yield 2 minutes to the gen- RECORD two more letters, one from the ployee, and she was told that he should not tlewoman from California (Ms. LORET- Commandant of the Coast Guard and return until June. This blatant inconsistency in TA SANCHEZ), who has been a leader on one from four retired admirals of the service and information is simply unaccept- this issue on the committee, as well as Coast Guard. able. Furthermore, another transportation one who is vitally interested in the re- Mr. Chairman, let me just repeat worker went to the Beaumont center about porting of various sexual assaults at some language contained in the Direc- three weeks ago to pick up his TWIC after the Academy. tor of TSA’s letter to Congressman being notified it was ready. He traveled from Ms. LORETTA SANCHEZ of Cali- KING, the ranking member of Home- Hemphill, TX (117 miles) and was told that the fornia. Mr. Chairman, I thank both my land Security, about the concern I have card was accidentally shipped to Houston and chairmen for the time. again about this ALJ question. he could drive there (85 miles) to pick it up. I rise today in support of H.R. 2830, ‘‘In the absence of sufficient ALJ He presently does not have his card. The list the Coast Guard Reauthorization Act. legal and administrative resources at of incidences in which workers have to contin- As the chairwoman of the Homeland the Coast Guard, TSA does not regard ually overcome structural impediments is too Security Subcommittee on Border, the NTSB ALJs as a good alternative. long for me to name. It is from my concern for Maritime, and Global Counterterror- Coast Guard ALJs have substantial ex- these workers that I have introduced my ism, I have the jurisdiction over the pertise in fair adjudication of security amendment. Coast Guard’s security missions. I am programs. NTSB ALJs do not have the My amendment calls for the Secretary of very pleased that the Homeland Secu- expertise in transportation security Homeland Security to compile an assessment rity Committee had the opportunity to matters.’’ of the enrollment sites for transportation secu- mark up this legislation and that we What I have been trying to point out rity cards issued under 7 section 70105 of title included several provisions that will is my concern about the TWIC pro- 46, United States Code within 30 days of en- strengthen the Coast Guard’s maritime gram, that all of us on a bipartisan actment. The assessment should, at a min- security activities. basis here in the House and the Senate imum, examine: the feasibility of keeping This bill increases the Coast Guard’s have tried to get up and running. I am those enrollment sites open 24 hours per day, end strength by 1,500 members to en- afraid that while I appreciate the gen- and 7 days per week, in order to better handle sure that there are adequate personnel tleman from Minnesota’s clarification

VerDate Aug 31 2005 04:48 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.051 H24APPT1 smartinez on PROD1PC64 with HOUSE April 24, 2008 CONGRESSIONAL RECORD — HOUSE H2673 of his intent to do something in the fu- thority to prosecute those who would smug- RADM PAUL J. PLUTA, ture, I am concerned about the exper- gle undocumented aliens into the United U.S. Coast Guard, Ret. tise being removed at a time when we States by sea (Maritime Alien Smuggling RADM ROBERT C. NORTH, need it. Law Enforcement Act) and the Administra- U.S. Coast Guard, Ret. tion’s proposal to protect seafarers who par- RADM THOMAS H. U.S. DEPARTMENT OF HOMELAND SE- ticipate in investigations and adjudication of GILMOUR, CURITY, UNITED STATES COAST environmental crimes or who have been U.S. Coast Guard, Ret. GUARD, abandoned in the United States (Protection Mr. THOMPSON of Mississippi. Mr. Washington, DC, April 23, 2008. of and fair treatment of seafarers). Hon. JAMES L. OBERSTAR, Over the last year in the course of hear- Chairman, I yield myself such time as Chairman, Committee on Transportation and ings, personal meetings with you, and re- I may consume. Infrastructure, House of Representatives, gional forums with industry, as well as in Mr. Chairman, I support H.R. 2830, Washington, DC. my public statements, I have assured you not only for what it does to enhance DEAR CHAIRMAN OBERSTAR: On April 18, the and the public that we share a common ob- port security, but also for what it does Committee filed with the Rules Committee jective: a robust marine safety program suit- to get the Deepwater program back on an amendment in the nature of a substitute ed to meet the evolving demands of industry course. As someone who cares about to H.R. 2830, that would be retitled the and the marine public. I am already taking ‘‘Coast Guard Authorization Act of 2008.’’ the Coast Guard, it has been disturbing aggressive steps to right the balance between to see the mismanagement of the Deep- During numerous meetings and staff-level our marine safety mission and our other discussions over several months, we have de- vital responsibilities, and improve the effec- water program. scribed how a number of provisions that ap- tiveness, consistency, and responsiveness of This year, a $24 billion effort to mod- pear in this amendment would compromise our marine safety program, consistent with ernize the Coast Guard’s fleet has suf- organizational efficiency and operational ef- the framework I presented to you last Sep- fered delays, cost increases and design fectiveness, diminish my command and con- tember. Legislation such as the provisions I flaws that ultimately culminated in trol, and ultimately reduce the Coast describe above was unnecessary to start this the idling of eight patrol boats. By the Guard’s effectiveness in carrying out its process. As I have stated on several occa- time that these problems were discov- safety, security, and stewardship missions. sions. I am the Commandant and am ac- We have expressed these and other concerns ered by both the Inspector General of countable to you to produce the changes DHS and the Comptroller General, $88 in Department of Homeland Security views needed to improve program performance. letters concerning earlier bill language. The Including these provisions and others in an million had been wasted. Both Federal amendment also contains provisions neither Authorization Act that would otherwise be watchdogs have said that program fail- previously shared nor discussed with the welcome compels me to strongly oppose the ures were due to the excessive leeway Coast Guard. bill. given the program contractors. One provision requiring that the Coast Sincerely, H.R. 2830 includes provisions that Guard provide security around liquefied nat- T.W. ALLEN, protect American taxpayers by forcing ural gas terminals and tankers is contrary to Admiral, U.S. Coast Guard, the Coast Guard to, for the first time, the existing assistance framework, at odds Commandant. with accepted risk management practices, manage this contract. Regrettably, the and would divert finite Coast Guard assets APRIL 15, 2008. administration in its Statement of Ad- from other high-priority missions. I rec- DEAR ADMIRAL ALLEN: We are sending you ministration Policy denounced the ommend a broader’ discussion of security this letter to express our gratitude for the Deepwater provision, which, inciden- measures for all extremely hazardous car- personal attention you have given Coast tally, was approved by the House on a goes. In the Statement of Administration Guard’s Marine Safety program the past sev- vote of 426–0 on July 23, 2007. We cannot Policy on H.R. 2830, the Administration has eral months. Industry and Congressional allow the Coast Guard to continue on a stated that, if the bill is presented to the concern for Coast Guard performance of this President with this provision, his senior ad- vital mission needed addressing from the poorly navigated course. H.R. 2830 will visors would recommend that he veto the top. Your personal outreach to the stake- steer the Deepwater procurement proc- bill. holders as well as the plans your staff devel- ess in the right direction. Among the others is one that, while simi- oped to improve the program are making a Mr. Chairman, for this reason and lar to the Administration’s proposal, fails to difference. We fully support the Marine Safe- dozens of others, I urge my colleagues authorize the President to appoint officers to ty Enhancement Plan delivered to Congress to join me in supporting H.R. 2830. positions of importance and responsibility to on September 25, 2007. This plan appro- Ms. LEE. Mr. Chairman, I rise today in sup- accommodate organizational change in the priately targets the concerns that have been port of H.R. 2830, the Coast Guard Reauthor- future (Admirals and Vice Admirals). Others, voiced by both industry and Coast Guard primarily involving our important marine ization Act of 2007, which makes significant members, and we are seeing progress towards strides in supporting the invaluable work of the safety mission, would statutorily fix the des- addressing those concerns. We have also been ignation and duties of other senior Coast closely following the Coast Guard’s historic United States Coast Guard. Guard officials and officials at all levels of modernization efforts. Your Headquarters or- I applaud the many improvements that this command, and prescribe inflexible personnel ganization modernization plan provides the legislation will make to Federal policy in pro- qualification requirements. Still other provi- appropriate level of focus and visibility to tecting our coastal environment, strengthening sions would diminish the Coast Guard’s ca- implement the marine safety program en- security in our Nation’s ports, and providing pacity to adjudicate merchant mariner li- hancements. the tools and resources necessary for rapid censing matters efficiently and effectively We fully support Congressional commit- emergency response and coordination. and support other vital security adjudica- ment to hold the Coast Guard accountable The collision of a containership with the San tions of the Department of Homeland Secu- for mission performance in Marine Safety, as rity (Appeals to National Transportation in all other missions. At the same time, we Francisco Bay Bridge near my district, and the Safety Board). Still more provisions would believe that you need to have maximum resulting oil spill that spread throughout the prescribe contracting and acquisition prac- flexibility in managing Coast Guard forces Bay, raised many questions about maritime tices for the Deepwater program, thereby in- to achieve mission success. To achieve that policy in our Nation’s coastal waters and ports. creasing the cost of, and adding delay to, the degree of flexibility, the Coast Guard should Commendably though, the committee field Deepwater acquisition process, as well as cir- continue its integrated approach to mari- hearing examining the Federal response to the cumventing the review and approval author- time safety, security, and stewardship to en- oil spill also provided potential answers to ity of Coast Guard technical authorities sure our country’s Marine Transportation these questions. (Coast Guard Integrated Deepwater Pro- System (MTS) operates safely and effi- I am pleased to see that many important gram). ciently. Among the new provisions is one that dra- Above all, we applaud the Coast Guard and provisions were included in H.R. 2830 to im- matically alters admission procedures for the Administration’s request for additional prove our water vessel traffic systems, sharp- the U.S. Coast Guard Academy. While I have resources to address Marine Safety mission en incident response, and tighten environ- discussed Academy admissions several times requirements. By increasing capacity and ex- mental and security requirements. H.R. 2830 with Chairman Cummings and we agree that pertise, the Coast Guard will be able to keep will mandate double hulls for new container our process should yield successful cadets stride with the rapidly growing MTS and vessels with large oil capacities, reducing the and reflect our diverse society, the proposed provide the level of services that maritime risk of spills and contamination, and protecting Congressional nomination process deserves stakeholders expect and deserve. full discussion and deliberate consideration. We stand ready to assist in achieving the animals, plant life, and local economies from Other new provisions that affect how we exe- Coast Guard’s Marine Safety goals. the harmful impact of such disasters. cute our missions deserve similar scrutiny. Sincerely, I also strongly support the provision added Conversely, the bill omits the Administra- VADM JAMES C. CARD, by my colleague, Rep. TAUSCHER, which au- tion proposal for much needed enhanced au- U.S. Coast Guard, Ret. thorizes the Coast Guard to issue regulations

VerDate Aug 31 2005 04:48 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4634 Sfmt 9920 E:\CR\FM\K24AP7.027 H24APPT1 smartinez on PROD1PC64 with HOUSE H2674 CONGRESSIONAL RECORD — HOUSE April 24, 2008 that require bar pilots to carry portable naviga- rently 185 invasive species in the Great Lakes ment Agency officials are quoted as ‘‘scratch- tional devices when they are navigating large and another is discovered, on average, every ing their heads over how to combat the latest container and tanker ships. These portable de- 28 weeks! innovation in drug smuggling: radar-dodging vices provide pilots accurate and necessary Invasive species cost the Federal Govern- semisubmersible vessels packed with tons of information to safely navigate their ships, and ment about $1.3 billion per year and it is esti- cocaine.’’ Determined drug smugglers are are critical to preventing future accidents like mated that 42 percent of plants and animals using very sophisticated ships and tech- the one that occurred in the San Francisco on the Threatened and Endangered Species nologies in this cat-and-mouse game and it Bay. List are at risk because of alien species. will become increasingly difficult to prevent As a longtime advocate of bringing common Aquatic invasives pose a particular threat be- their illegal activities if we are not able to mod- sense to our national security priorities, I am cause of their ability to spread quickly through ernize our fleet as well. also pleased to acknowledge the important connected waterways. Fortunately, a vital portion of this bill is dedi- steps this legislation takes to securing our Ballast water, which is used to stabilize cated to the Coast Guard’s Integrated Deep- ports and the safety of communities that live freighters, is taken on board before a voyage water System. This is a critical program to around them. H.R. 2830 takes critical steps to begins. It can often contain organisms which modernize and replace the Coast Guard’s safeguard nuclear materials by establishing a become invasive species when released in aging ships and aircraft. The Deepwater Pro- pilot program to employ preventive radio- navigable waters. For the reasons outlined gram is the largest acquisition in the history of logical/nuclear detection equipment on Coast above, ballast water represents a significant the Coast Guard and any delay in the pas- Guard vessels. threat to our Great Lakes. sage of this bill would have a serious and neg- Mr. Chairman, it is important to note that To its credit, the National Park Service has ative impact on the security of South Florida many States, including California, have been already taken steps to prevent ballast water and our Nation. at the forefront of efforts to more effectively from spreading a deadly fish virus known as We can all agree that these brave men and protect and manage our coastal waters. For VHS in Lake Superior and Lake Michigan. But women deserve the fundamental resources instance, the Port of Oakland in my district much more must be done to protect the Great they need. Certainly, without adequate funding was the first port in the United States to re- Lakes and other waterways from the exotic the Coast Guard will not be equipped to ac- quire that ships exchange their ballast water species contained in ballast water. complish their mission. with seawater before entering the bay—a reg- H.R. 2830 takes these necessary steps. Coast Guard Sector Miami is scheduled to ulation that is now widely considered a critical This legislation for the first time creates strong receive the first six Fast Response Cutters in measure of defense against invasive and non- ballast water management treatment stand- addition to three ISLAND Class patrol boats. indigenous species. Moving forward, we must ards in statute and requires that ballast water As well, Coast Guard Sector Key West is work to ensure States can successfully com- treatment technology be installed on board be- scheduled for delivery of the second six Fast plement Federal regulations in the future, to ginning next year. In addition, the bill requires Response Cutters in addition to one ISLAND enhance coordination, and to provide a more all discharged ballast water to be thoroughly Class patrol boat. I applaud these efforts and comprehensive policy for protecting our wa- treated and implements tougher standards be- look forward to the continuation of the Deep- ters. ginning in 2012, with a goal of zero species in water Program. Mr. Chairman, I am also pleased that this discharged water by 2015. The manager’s Though this bill is by no means perfect, the bill will support Coast Guard efforts to diversify amendment to the bill also includes clarifying urgency of modernizing our fleet and putting its workforce, by helping to build valuable part- provisions to ensure that ballast water man- these ships in the water and these aircraft in nerships between the Coast Guard and minor- agement activities are properly reported, so the skies cannot be understated. ity serving institutions. In 2006, just 16 percent that freighters can be held accountable for I urge all Members to recognize the crucial of the Coast Guard Officer Candidate School complying with the law. need to protect our Nation by strengthening graduates were minorities. Programs such as I would like to thank my friend and col- the United States’ oldest continuous seagoing the Minority Serving Institution Management league, Chairman JAMES OBERSTAR, for his service, the United States Coast Guard. Internship Program, will recruit students from hard work on this important legislation. We in Mr. GENE GREEN of Texas. Mr. Chairman, Historically Black Colleges and Universities, the Great Lakes region are lucky to have one I rise today in support of H.R. 2830, the Coast Hispanic-serving institutions, and tribal col- of our own, the distinguished gentleman from Guard Reauthorization Act of 2008. leges, among others, and help to develop a Minnesota, overseeing these matters. I urge I would like to thank both the Chairman of new and diverse generation of civilian man- all of my colleagues to support this critically the Transportation and Infrastructure Com- agers and Coast Guard Officers. important bill. mittee, Chairman OBERSTAR, and especially The establishment of a Coast Guard Lab- Ms. ROS-LEHTINEN. Mr. Chairman, I rise the Chairman of the Coast Guard and Mari- oratory of Excellence-MSI Cooperative Tech- in strong support of this Coast Guard Author- time Transportation Subcommittee, Chairman nology Program at three minority-serving insti- ization Bill being considered on the floor CUMMINGS, for their leadership in crafting this tutions will assist in modernizing the Coast today. important piece of legislation. Guard’s security programs while increasing I have the unique pleasure of representing I have always been a strong supporter of the number of minority graduate degree hold- over 265 miles of pristine Florida coastline— the Coast Guard and providing it with the re- ers in science, engineering, mathematics, and from Miami Beach to Key West. In fact, two of sources necessary to protect our Nation’s information technology—all fields that are crit- the largest Coast Guard Sectors in the United coasts, ports and waterways, particularly the ical to the mission of the Coast Guard. States, Sector Miami commanded by Captain Port of Houston which I represent. Mr. Chairman, I stand in strong support of Karl Schultz and Sector Key West com- H.R. 2830 is also important to me because H.R. 2830, and I urge my colleagues to sup- manded by Captain Scott A. Buschman are lo- it contains provisions relating to the security of port it. cated in my Congressional district. As such, vessels and facilities that transport or process Mr. DINGELL. Mr. Chairman, I rise today in ensuring that the brave Coast Guard men and Liquefied Natural Gas—or LNG—in the United support of H.R. 2830, the Coast Guard Au- women have the tools they need to effectively States. Demand for clean-burning natural gas thorization Act of 2007. This bill has many pro- patrol our coasts is of utmost concern. is building up across our economy, and en- visions which will improve homeland security, I know that with this important mission, my ergy proposals Congress has passed and is ensure safe navigation and enhance shipping constituents would not be pleased to hear of currently considering will only accelerate this reliability, among other measures. However, I the lack of state-of-the-art equipment that the demand. I believe all of us here agree on the would particularly like to draw my colleagues’ Coast Guard has been using to accomplish its need to ensure the safety of LNG shipments attention to the ballast water protections in this goals. to the U.S., but Congress should do so in a bill. Just to highlight the nature of our aging responsible way that does not unnecessarily As a member who hails from the Great Coast Guard fleet, I can point to the oldest impede future shipments of this clean-burning Lakes State, I am perhaps more familiar than cutter still active. The Storis, still serving today fuel. most with the havoc invasive species can reap in Alaska, was commissioned before the Chairman CUMMINGS understood these con- on our waterways. I would note that in its United States entry into World War II. A ship cerns and included new language that would 2005 report, the Great Lakes Collaboration over 65 years old should not be tasked with maximize the resources available to the Coast stated that the world’s greatest freshwater protecting against the modem threats that face Guard for enforcing LNG security zones; main- lakes are ‘‘succumbing to an irreversible this great Nation. tain the multi-mission function of the Coast ‘invasional meltdown’ that may be more se- Compare this to an April 18th article in the Guard; and mitigate bureaucratic hurdles in vere than chemical pollution.’’ There are cur- St. Petersburg Times where Drug Enforce- the LNG security process. While not perfect,

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4634 Sfmt 9920 E:\CR\FM\A24AP7.053 H24APPT1 smartinez on PROD1PC64 with HOUSE April 24, 2008 CONGRESSIONAL RECORD — HOUSE H2675 these changes are an improvement from the a 25 percent higher rate than the rest of the As the preamble to the interpretive rule original bill and reflect a more workable ap- city. Child asthma hospital admissions are es- accurately states, ‘‘The intent of the mari- proach than first proposed. pecially high. A full site characterization can time cabotage laws, including the PVSA, was to provide a ‘legal structure that guarantees I want to again thank my good friends help public health professionals draw conclu- a coastwise monopol to American shipping Chairman CUMMINGS and Chairman OBERSTAR sions about the impact of the oil spill on the and thereby promotes development of the for working with me and other Members to health of the local community. American merchant marine’’’. I strongly consider America’s need for both energy secu- In conclusion, Mr. Chairman, I want to thank support the PVSA, and was a primary spon- rity and homeland security when crafting this Mr. WEINER for his long-term partnership and sor of the subsequently enacted 2003 Hawaii legislation. hard work in addressing the serious public pol- Cruise Ship Initiative. I also strongly believe I urge my colleagues to support H.R. 2830. icy problem posed by the Newtown Creek Oil that CBP must take steps to vigorously en- Mr. SKELTON. Mr. Chairman, I rise today in Spill. I would urge the EPA to seize upon force the PVSA, including adoption of the these clear instructions from Congress, and proposed interpretive rule for Hawaii. But I support of H.R 2830, the Coast Guard Author- am concerned that CBP’s effort to do so may ization Act. This is a good bill in many ways. help New York understand just what it is fac- unnecessarily slow implementation of the in- I particularly appreciate the bills’ emphasis on ing at Newtown Creek. Only a full site charac- terpretive rule by needlessly trying to apply holding the Coast Guard accountable for the terization can accomplish this worthy goal. it broadly to all U.S. ports, where no ocean- funds the service receives from us, the Con- Mr. ABERCROMBIE. Mr. Chairman, today I going U.S.-flag cruise ships operate in reg- gress. The well-documented problems with the rise in support of H.R. 2830, the Coast Guard ular service. Deepwater program make it clear that more, Authorization Act of 2008. Among the many CBP’s proposed interpretive rule is unnec- essarily expansive. It goes beyond what is needs to be done to ensure the Coast Guard’s important provisions of this bill is one that is particularly needed to help ensure that our necessary to achieve the economic and na- procurement policies are producing results. tional security policy objective of the PVSA This is not just a budget issue, although that coastwise laws are properly and promptly en- and the 2003 Hawaii Cruise Ship Initiative. In is certainly important, but it is also a national forced. fact, I believe a reasonable interpretation security issue. We depend on the men and Section 220 of the manager’s amendment under those laws would limit the scope of women serving in the Coast Guard to defend recognizes the importance of vigorous en- proposed interpretation to Hawaii because it our Nation’s waterways, and for that critical forcement of our Nation’s coastwise laws by would further those important public policy task they need new ships and aircraft. Con- expanding the Department of Homeland Secu- goals. rity’s enforcement authority to include the Indeed, the vast majority of the opposition gress can no longer stand by while billions of to CBP’s proposed interpretation is based on dollars are wasted on a program that has Coast Guard in addition to Customs and Bor- the far reaching nature of the proposal. As a failed to give our coastal defenders the tools der Protection. result, comments have been received from they need. This bill takes steps to demand the In keeping with this important objective we interested parties as far away from Hawaii type of accountability from the Coast Guard hope that the Administration will make good as Maine and Florida who have understand- that we expect from the other uniformed serv- on the effort that was begun last November ably expressed concerns about the potential with the publication of a proposed interpretive impact of the proposal on foreign cruise ices, and I encourage my colleagues to join ships operating in areas where no oceangoing me in support of this good and necessary leg- rule designed to address evasion by foreign cruise lines of one of our coastwise laws, the U.S. flag ships call. MARAD and CBP identi- islation. fied a specific and intentional effort to cir- Ms. VELA´ ZQUEZ. Mr. Chairman, I rise in Passenger Vessel Services Act. cumvent the PVSA on Hawaii cruises. Under support of important language in Chairman I have written to Secretary Michael Chertoff the authorities provided by the PVSA and OBERSTAR’s manager’s amendment to H.R. urging prompt implementation of a modified the 2003 Hawaii Cruise Ship Initiative, the 2830, the Coast Guard Reauthorization Act. rule that addresses concerns raised during the final remedy proposed by CBP should be lim- This amendment is critical for my constituents comment process while ensuring that the ited to addressing that specific issue in the Hawaii market where U.S. flag ships operate. who live in the Greenpoint area in Brooklyn. I coastwise laws are properly enforced. My let- ter details the frustration of important Congres- Moreover, the 2003 Hawai’i Cruise Ship Ini- want to thank Chairman OBERSTAR and others tiative requires that the affected U.S. flag on the Committee who saw the need for this sional objectives that will result if the rule is ships identified in this proposed interpreta- language, and were willing to act on it. not implemented and I ask that a copy be in- tion be in ‘‘regular service’’ in Hawai’i and This important amendment directs the Envi- cluded in the RECORD. explicitly prohibits their operation in coast- ronmental Protection Agency to conduct a fol- HOUSE OF REPRESENTATIVES, wise service in Alaska, the Gulf of Mexico, low up study on the Newtown Creek oil spill. Washington, DC, March 31, 2007. and the Caribbean Sea, areas where inter- ested parties have raised concerns about the The new EPA study builds upon my earlier ef- Re Hawaiian Coastwise Cruises (USCBP– 2007–0098) application of the proposal. For these rea- fort with my distinguished colleague, Mr. sons, I strongly recommend that CBP issue a Hon. MICHAEL CHERTOFF, WEINER, to get the EPA to issue a comprehen- Secretary, Department of Homeland Security, proposed PVSA interpretation limited to Ha- sive report on the oil spill. That earlier report Washington, DC. wai’i as follows: CBP interprets a Hawai’i cruise itinerary by the EPA, issued last fall, was an important DEAR MR. SECRETARY: Customs and Border step forward but it raised as many questions Protection (‘‘CBP’’) proposed an interpretive to be ‘‘solely to one or more coastwise ports’’ rule regarding ‘‘Hawaiian Coastwise Cruises’’ even where it stops at a foreign port, unless as it answered. the stop at the foreign port is a legitimate on November 21, 2007. Since issuing the no- Mr. Chairman, it is appropriate that we are object of the cruise. CBP will assume that a tice and accepting comments on the pro- considering this issue on a Coast Guard bill. stop at a foreign port is not a legitimate ob- posal, no final action has been taken to pro- It was the Coast Guard, nearly 30 years ago, ject of the cruise unless: tect the only oceangoing U.S.-flag cruise that discovered the Newtown Creek oil spill in 1. The amount of time at the foreign port ships in operation from unfair foreign com- is more than 50 percent of the total amount Greenpoint. The spill is massive, and sci- petition. As a result, it has been announced entists lack accurate measurements of the of time at the Hawai’i ports of call; and that a second U.S.-flag cruise ship will be 2. The passengers are permitted to go scope and impact of the whole of the plume. leaving Hawaii service and the U.S. registry ashore temporarily at the foreign port. That’s why we need a full site characterization in May 2008. I write today to urge the De- Accordingly, CBP proposes to adopt an in- of the Creek, so we know just what is in, partment to immediately adopt a Hawaii terpretive rule under which it will presume around and underneath the Creek bed. specific rule in order to ensure that the re- that any Hawai’i cruise itinerary that does The basic condition of the Creek was not maining U.S.-flag cruise ship does not have not include a foreign port of call that satis- the same fate. fies each of these two criteria constitutes comprehensively addressed in the earlier re- On December 21, 2007, I joined the Hawai’i port. It’s past time for a full site characteriza- coastwise transportation of passengers in Congressional delegation and also offered violation of 19 CFR 4.80a(b)(1). tion of Newtown Creek. The goal not merely separate comments of my own with respect Thank you for considering my views on oil plume containment, but plume removal. We to the proposed criteria to be used by CBP to this important matter. I firmly believe that must help give this important waterway safely determine whether non-coastwise-qualified if CBP acts on the proposed rule as I have back to the community, for its use and enjoy- passenger vessels are in violation of the Pas- recommended, many of the concerns ex- ment. senger Vessel Services Act (‘‘PVSA’’) (46 pressed by commenters in this docket will be I also am deeply concerned about what U.S.C. 55103) and the Hawaii Cruise Ship Ini- alleviated, while at the same time ensuring tiative enacted in 2003 (Pub. L. 108–7) when threat this material poses to the public. A full the protection of the very oceangoing U.S.- engaging in Hawaii cruise itineraries that in- flag cruise ships intended by the PVSA and site characterization should also allow us to clude a ‘‘sham’’ foreign port stop of as little the 2003 Hawaii Cruise Ship Initiative. better measure the public health impact of the as an hour in the middle of the night to Sincerely, oil spill. Residents in this part of Brooklyn suf- cleanse the voyage and avoid the application NEIL ABERCROMBIE, fer from asthma, emphysema and bronchitis at of U.S. laws. Member of Congress.

VerDate Aug 31 2005 04:48 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4634 Sfmt 9920 E:\CR\FM\A24AP7.057 H24APPT1 smartinez on PROD1PC64 with HOUSE H2676 CONGRESSIONAL RECORD — HOUSE April 24, 2008 Mr. KAGEN. Mr. Chairman, I rise in strong estimates that 70 percent of reported fatalities In 2006, Congress directed the Environ- support of H.R. 2830, the Coast Guard Au- occur when a boat operator has not received mental Protection Agency to revisit the find- thorization Act. boating safety instruction. ings of the United States Coast Guard’s July While this critical legislation is replete with So many careless accidents can be avoided 1979 report entitled ‘‘Investigation of Under- numerous provisions that would make a vari- by taking one simple course and being more ground Accumulation of Hydrocarbons along ety of necessary changes to the Coast informed on the water. Newtown Creek.’’ The 2006 study did not col- Guard’s operations, I would like to focus on Boating accidents claimed 710 lives in 2006 lect new data, determine the size or location the portion of the bill that would regulate bal- and caused 3,474 injuries. Of that, 14 deaths of the spill, or conclusively assess its impact last water, which is of particular importance to and 100 injuries occurred in New York State on public health and safety. It recommended northeast Wisconsin. in 2006. There were a total of 152 boating ac- reevaluating the entire plume. As my constituents know, ballast water is an cidents in the state of New York. Given this, the provision included in Chair- easy way for invasive species to enter the There has been no significant decrease in man OBERSTAR’s amendment instructs the En- Great Lakes. These species quickly take root the number of boating deaths since 1996 and vironmental Protection Agency to conduct a and displace native species to the detriment of the number increased between 2003 and full-site characterization of the Greenpoint, local environments. 2006. This is unacceptable. If one simple Brooklyn underground oil spill. There are also serious economic con- course will decrease the number of deaths This study is to be driven by the collection sequences associated with attempting to man- and injuries on the water, it is so important of new field evidence and will not be limited to age and control these aquatic invaders. that we do everything in our power to require the review or co-review of existing or sched- In the Great Lakes, it is estimated that mandatory boater education. uled data collection by private parties or state roughly $5 billion in damages has been You must take a driving test before you are and municipal entities. This new evidence in- caused by the zebra mussel; while the cost of able to operate a car. You should, at the very cludes the collection of data from new product, lost native species may never be known. least, be required to take an education course groundwater and soil monitoring wells, as well Additionally, there is an enormous rec- to operate a boat. as from existing groundwater and soil moni- reational cost associated with the loss of fish And we owe it to the memory of Brianna toring wells at the Greenpoint Oil Spill site. and wildlife in the Great Lakes, which account and other victims in the Nation to do all we This site is loosely bound by Newtown Creek for nearly 22 percent of the world’s fresh sur- can to prevent future fatalities on the water. on the northeast, the Brooklyn-Queens Ex- face water. They are a tremendous and ex- I would like to thank Chairman OBERSTAR pressway on the east and south, North Henry traordinary natural resource that we cannot af- and Ranking Member MICA for allowing this Street on the west, and Greenpoint Avenue on ford to harm. language to be included in the bill. the north. I would like to commend Mr. OBERSTAR for Mr. WEINER. Mr. Chairman, the House has Specifically, the full-site characterization is his leadership on this issue, and for including under consideration the bill H.R. 2830, the to include: The investigation, collection, and analysis of in his manager’s amendment the requirement Coast Guard Reauthorization Act of 2007. Mr. data on the full extent of the free-product that each vessel provide monthly reports on Chairman, I want to highlight an amendment plume, or the portion of the underground pe- ballast operations. that I offered which has been included in troleum plume that floats on top of the site’s This prerequisite will allow for greater trans- Chairman OBERSTAR’s amendment before the groundwater in its refined state or crude state, parency in ballast management, and will sanc- House. It directs the Environmental Protection including any historic remnants currently dis- tion early detection of invasive species. Agency to conduct a study of the Greenpoint, tinct or fragmented from current spill delinea- I am also encouraged that H.R. 2830 per- Brooklyn, New York underground oil spill at Newtown Creek. tions. mits alternative ballast management measures The investigation, collection, and analysis of Newtown Creek is a 3.5 mile-long waterway for recreational vessels. In establishing rules data on the full extent of the dissolved phase that flows from the East River and separates for recreational vessels, I hope the Secretary of the plume, or the portion of the under- the boroughs of Brooklyn and Queens. It is recognizes that local boaters and fishermen ground petroleum plume that has dissolved the single most polluted waterway in New should not be subjected to unreasonable over- into the groundwater, including the geographic York City, a legacy left by more than a century regulation. extent and concentrations of groundwater con- of heavy industrial activity. The creek’s banks In closing, I would urge all my colleagues to tamination. support passage of this legislation. are home to the largest oil spill in the United The investigation, collection, and analysis of Mr. ISRAEL. Mr. Chairman, I would like to States, which dates back to the 1950s and is data on the full extent of soil contamination, rise in support of language I included in the estimated to be 150 percent of the size of the including current and historic smear zones, or Coast Guard Reauthorization Act. Exxon-Valdez spill. the area of soil contamination that may exist I have consistently fought for boating safety In 1978, a Coast Guard patrol detected pe- within the zone of horizontal and vertical water for the last three years in memory of my con- troleum on the surface of Newtown Creek and table fluctuations that have occurred since the stituent Brianna Lieneck who died in August of identified a spill that spreads from the banks time of the petroleum release. 2005. Her parents came to me after losing of the creek through the Greenpoint neighbor- The investigation, collection, and analysis of their daughter. They have made it their mis- hood in Brooklyn. Evaluations at that time data on the full extent of soil vapor contamina- sion to fight for boating safety and to make the identified a spill totaling 17 million gallons at- tion, including vertical and horizontal pathways water safer for others. tributed to refineries operated along the banks within the vadose zone, or the area between Their daughter Brianna an 11-year-old girl of the creek by the predecessors to the land surface and the water table. from my district who was tragically taken from ExxonMobil, BP/Amoco and Chevron-Texaco. The evaluation of the entire spill area, cov- us three years ago during a boating accident To date, 9.4 million gallons have been ering both the free-product and dissolved on the Great South Bay. The accident oc- cleaned, primarily conducted by ExxonMobil plume, using three-phase numerical modeling curred on August 17, 2005 when a boat col- under a 1990 consent agreement with the techniques simulating the movement and inter- lided with their own. The operator of the other New York State Department of Environmental action of water, oil, and vapor in a geologic boat was reckless and there was poor visibility Conservation that sets no timetable for com- medium, and use of such model to make an from the lack of lighting on the water that late pletion and includes no meaningful criteria for estimate on the length of time that will be re- at night. compliance. Estimates indicate that it will take quired to recover free product, contaminated While we can’t bring back Brianna I have until at least 2026 to finish the remediation, al- groundwater and contaminated soil from the made it a priority to fight or mandatory boater most 50 years since we discovered the spill. underground plumes. education. And I want to commend Brianna’s Today, even though it has been 30 years The investigation and collection of data on parents for taking this horrible tragedy and since the oil spill was detected, the best infor- monthly groundwater levels over a representa- using it to fuel such a worthy cause. mation on the spill’s size are estimates. While tive area of the free product and dissolved This year the Coast Guard Reauthorization we have evidence that the spill is 17–30 mil- phase contamination areas to establish back- Act will include language mandating that the lion gallons, covering 55 to 70 acres, the full- ground water levels. Coast Guard find the best and most feasible extent of the spill remains unknown. The investigation, collection, and analysis of ways to establish mandatory boater education This information is critical. More than 200 data on current and historic groundwater path- for all states and report back to Congress observation wells and 35 recovery wells have ways in the region. within 6 months. This is an important first step been installed since 1978, but until we know The investigation, collection, and analysis of in boating safety because education directly the full extent of the problem, we may be data on the impact of tidal fluctuations on translates to safer waters. The Coast Guard wasting time. groundwater levels in the region.

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4634 Sfmt 9920 E:\CR\FM\A24AP7.068 H24APPT1 smartinez on PROD1PC64 with HOUSE April 24, 2008 CONGRESSIONAL RECORD — HOUSE H2677 The investigation, collection, and analysis of drinking water for millions. They provide habi- them to be built without any regard for our data on seepage of free product and dissolved tat for our fisheries and they offer tremendous ability to secure them. phase groundwater into Newtown Creek along recreational and tourism opportunities. Without Section 720, we would certainly be the full spill area shoreline. The Great Lakes are threatened by dam- guilty of maintaining a pre-9/11 mindset that Chemical analysis and description of the oil aging aquatic invasive species that arrive in says it’s acceptable to maintain soft spots in product in the Newtown Creek region in its the Lakes at a rate of one every eight months. our homeland security strategy and that is free product phase, its dissolved phase, and The communities I represent have first-hand simply unacceptable. its smeared phase. experience of the devastation these aquatic in- I hope we would all learn the lessons of 9/ An investigation of reports of oil in building vaders can cause. In the mid-1980s, the zebra 11 and support this legislation in full instead of foundations in the area of Roebling Street and mussel was brought to the Great Lakes by trying to weaken our comprehensive homeland North Eleventh Street in Brooklyn, New York, hitching a ride on an ocean vessel from Eu- security strategy. to determine whether those oil pockets are rope. They were first identified in Lake St. Mr. THOMPSON of Mississippi. Mr. distinct from the Greenpoint Oil Spill, are his- Clair in 1988, and since then the zebra mus- Chairman, I yield back the balance of toric remnants of the Greenpoint Oil Spill, or sels have spread throughout the Great Lakes my time. remain hydrologically connected to the and have made their way into the Mississippi The CHAIRMAN. All time for general Greenpoint Oil Spill. River and its tributaries. The economic and debate has expired. A detailed, three-dimensional representation ecological costs of dealing with aquatic In lieu of the amendments rec- reflecting the latitudinal and longitudinal loca- invasive species are staggering. ommended by the Committees on tion of the oil spill in the Newtown Creek re- Invasive aquatic species pose a clear and Transportation and Infrastructure, gion and also the observed and corrected present danger to virtually every U.S. water- Homeland Security, and the Judiciary thickness of the spill. way and coastal area. Many more invasive printed in the bill, it shall be in order A revised estimate of the volume and area species will arrive in rapid succession and to consider as an original bill for the of the spill in its three phases: free product, spread within U.S. waters unless effective purpose of amendment under the 5- polluted groundwater, and smeared soils, and measures are taken to prevent them. minute rule an amendment in the na- evaluate the remaining plume volume using The bill before the House contains strong ture of a substitute printed in part A of corrected product thickness values. provisions to reduce and hopefully eliminate House Report 110–604. That amendment There is no geographic limit to the study. the spread of aquatic invasive species through in the nature of a substitute shall be Testing is to be performed at potential, historic ballast water. The bill establishes a national considered read. migration pathways and currently or newly de- goal to eliminate invasive species from ballast The text of the amendment in the na- tected product and groundwater contamination water that is discharged into U.S. waters by ture of a substitute is as follows: areas near the Greenpoint oil spill. The study the year 2015. As an interim step, the legisla- Strike all after the enacting clause and in- will begin with areas to the north, south, tion requires all ships entering U.S. waters to sert the following: southeast, and east of the current published conduct ballast water exchange at least 200 SECTION 1. SHORT TITLE. spill location. Emphasis is to be placed on the miles off the nation’s coastline. Between now This Act may be cited as the ‘‘Coast Guard Authorization Act of 2008’’. path the spill may have taken when it was and the end of 2013, the legislation requires SEC. 2. TABLE OF CONTENTS. subject to hydrologic pressures related to vessels to be fitted with effective ballast water The table of contents for this Act is as fol- groundwater withdrawals in the early-to-mid treatment equipment. lows: part of the 20th Century. I urge my colleagues to join me in sup- Sec. 1. Short title. As outlined in the amendment, this study is porting this comprehensive response to one of Sec. 2. Table of contents. to be completed no later than one year after the most serious problems confronting the TITLE I—AUTHORIZATION enactment of this law. Great Lakes and waterways across the nation. Sec. 101. Authorization of appropriations. I would like to express my thanks to Chair- Mr. PASCRELL. Mr. Chairman, I rise to Sec. 102. Authorized levels of military man OBERSTAR and Chairman CUMMINGS for speak in strong support of H.R. 2830, the strength and training. their willingness to work with me on this Coast Guard Authorization Act, as this is a Sec. 103. Transfer of bridge administration project. Furthermore, I would like to commend necessary piece of legislation that is vital to program authority and func- tions. Mrs. VELA´ZQUEZ, who represents the people of our Nation’s homeland security strategy. Greenpoint, and has worked closely with me The President and indeed many in this body TITLE II—COAST GUARD on this initiative. often talk about the need not to fall back into Sec. 201. Appointment of civilian Coast Additionally, I would like to thank the staff of a pre-9/11 mindset when it comes to home- Guard judges. Sec. 202. Industrial activities. the Transportation and Infrastructure Sub- land security and I could not agree more. Sec. 203. Reimbursement for medical-related committees on Water Resources and Environ- This is why I want to start by thanking travel expenses. ment and Coast Guard and Maritime Trans- Homeland Security Committee Chairman Sec. 204. Commissioned officers. portation, particularly Ryan Seiger, John BENNIE THOMPSON for all his work to strength- Sec. 205. Coast Guard participation in the Cullather, Lucinda Lessley, and Ben Webster, en the crucial port security aspects of this bill. Armed Forces Retirement who have worked with me to address this crit- Ever since 9/11 we have faced the fact that Home (AFRH) system. our Nation is vulnerable to possible terrorist Sec. 206. Grants to international maritime ical, but often overlooked, issue. organizations. I’d also like to thank Riverkeeper Incor- attack by air, land and sea. In response our Sec. 207. Emergency leave retention author- porated, and its chief investigator, Basil Nation’s entire security apparatus has had to ity. Seggos. This organization’s dedication and work harder and stretch their resources farther Sec. 208. Enforcement authority. advice on remediating the Newtown Creek oil in order to be more responsive to these in- Sec. 209. Repeal. spill over the last six years has been an in- creased threats and few agencies have exem- Sec. 210. Admirals and Vice Admirals. plified this more than the Coast Guard. Sec. 211. Merchant Mariner Medical Advi- valuable asset. sory Committee. Finally, I’d like to thank Dori Friedberg of my This legislation finally provides the re- Sec. 212. Reserve commissioned warrant of- staff for her time, work, and counsel on this sources necessary to ensure that the Coast ficer to lieutenant program. issue. Guard can successfully execute all its mis- Sec. 213. Enhanced status quo officer pro- Mr. Chairman, I thank the leadership of the sions by authorizing the increase of their end- motion system. Transportation and Infrastructure Committee strength by 1,500 members to 47,000 and in- Sec. 214. Laser Training System. Sec. 215. Coast Guard vessels and aircraft. for their hard work shepherding through the creasing funding to the Coast Guard to $8.4 Sec. 216. Coast Guard District Ombudsmen. Coast Guard Reauthorization Act of 2007, and billion, a full $200 million over the President’s Sec. 217. Ensuring contracting with small express my strong support for this bill. budget. business concerns and disadvan- Mr. LEVIN. Mr. Chairman, I rise in strong However, this President and many of this taged business concerns. support of the Coast Guard Authorization Act. body have objected to Section 720 of this bill Sec. 218. Assistant Commandant for Port In particular, I urge my colleagues to support which would strengthen security around lique- and Waterway Security. the legislation’s ballast water treatment re- fied natural gas, LNG, terminals and tanker Sec. 219. Small business procurements. Sec. 220. Enforcement of coastwise trade quirements. ships. laws. The Great Lakes are one of this nation’s These terminals represent a critical piece of Sec. 221. Nomination and appointment of ca- crown jewels. They are the most unique set of our energy infrastructure that could be attrac- dets at the Coast Guard Acad- freshwater lakes in the world. They provide tive targets for attack, especially if we allow emy.

VerDate Aug 31 2005 04:48 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0655 E:\CR\FM\A24AP7.078 H24APPT1 smartinez on PROD1PC64 with HOUSE H2678 CONGRESSIONAL RECORD — HOUSE April 24, 2008 TITLE III—SHIPPING AND NAVIGATION Sec. 418. Conveyance of Coast Guard vessel Sec. 718. Maritime security advisory com- Sec. 301. Vessel size limits. to Washington County, Mis- mittees. Sec. 302. Goods and services. sissippi. Sec. 719. Seamen’s shoreside access. Sec. 303. Seaward extension of anchorage Sec. 419. Coast Guard assets for United Sec. 720. Waterside security around liquefied grounds jurisdiction. States Virgin Islands. natural gas terminals and liq- Sec. 304. Maritime Drug Law Enforcement Sec. 420. Conveyance of the Presque Isle uefied natural gas tankers. Act amendment-simple posses- Light Station fresnel lens to TITLE VIII—COAST GUARD INTEGRATED sion. Presque Isle Township, Michi- DEEPWATER PROGRAM gan. Sec. 305. Technical amendments to tonnage Sec. 801. Short title. Sec. 421. Fishing in South Pacific tuna trea- measurement law. Sec. 802. Implementation of Coast Guard In- ty convention area. Sec. 306. Cold weather survival training. tegrated Deepwater Acquisition Sec. 422. Assessment of needs for additional Sec. 307. Fishing vessel safety. Program. Coast Guard presence in high Sec. 308. Mariner records. Sec. 803. Chief Acquisition Officer. latitude regions. Sec. 309. Deletion of exemption of license re- Sec. 804. Testing and certification. Sec. 423. Study of regional response vessel quirement for operators of cer- Sec. 805. National Security Cutters. and salvage capability for tain towing vessels. Sec. 806. Miscellaneous reports. Olympic Peninsula coast, Wash- Sec. 310. Adjustment of liability limits for Sec. 807. Use of the Naval Sea Systems Com- ington. natural gas deepwater ports. mand, the Naval Air Systems Sec. 424. Report on projected workload at Sec. 311. Period of limitations for claims Command, and the Space and the Coast Guard Yard in Curtis against Oil Spill Liability Naval Warfare Systems Com- Bay, Maryland. Trust Fund. mand to assist the Coast Guard Sec. 425. Study of bridges over navigable wa- Sec. 312. Log books. in exercising technical author- ters. Sec. 313. Unsafe operation. ity for the Deepwater Program Sec. 426. Limitation on jurisdiction of Sec. 314. Approval of survival craft. and other Coast Guard acquisi- States to tax certain seamen. Sec. 315. Safety management. tion programs. Sec. 427. Decommissioned Coast Guard ves- Sec. 316. Protection against discrimination. Sec. 808. Definitions. Sec. 317. Dry bulk cargo residue. sels for Bermuda. Sec. 318. Oil fuel tank protection. Sec. 428. Recreational marine industry. TITLE IX—MINORITY SERVING Sec. 319. Registry endorsement for LNG ves- Sec. 429. Conveyance of Coast Guard vessels INSTITUTIONS sels. to Nassau County, New York. Sec. 901. MSI Management Internship Pro- Sec. 320. Oaths. TITLE V—BALLAST WATER TREATMENT gram. Sec. 902. MSI initiatives. Sec. 321. Duration of credentials. Sec. 501. Short title. Sec. 903. Coast Guard-MSI Cooperative Sec. 322. Fingerprinting. Sec. 502. Declaration of goals and purposes. Technology Program. Sec. 323. Authorization to extend the dura- Sec. 503. Ballast water management. Sec. 904. Definition. tion of licenses, certificates of Sec. 504. National ballast water manage- registry, and merchant mari- ment information. TITLE X—APPEALS TO NATIONAL ners’ documents. Sec. 505. Ballast water management evalua- TRANSPORTATION SAFETY BOARD Sec. 324. Merchant mariner documentation. tion and demonstration pro- Sec. 1001. Rights of appeal regarding li- Sec. 325. Merchant mariner assistance re- gram. censes, certificates of registry, port. Sec. 506. Rapid response plan. and merchant mariners’ docu- Sec. 326. Merchant mariner shortage report. Sec. 507. Authorization of appropriations. ments. Sec. 327. Merchant mariner document stand- Sec. 1002. Authorities of National Transpor- ards. TITLE VI—MARITIME POLLUTION PREVENTION tation Safety Board. Sec. 328. Report on Coast Guard determina- Sec. 1003. Transfer of pending appeals to the Sec. 601. Short title. tions. National Transportation Safety Sec. 602. References. Sec. 329. Pilot required. Board. Sec. 603. Definitions. Sec. 330. Offshore supply vessels. Sec. 1004. Rulemaking requirements. Sec. 604. Applicability. Sec. 331. Recreational vessel operator edu- Sec. 1005. Administrative Law Judge re- Sec. 605. Administration and enforcement. cation and training. cruiting program. Sec. 332. Ship emission reduction tech- Sec. 606. Certificates. nology demonstration project. Sec. 607. Reception facilities. TITLE XI—MARINE SAFETY TITLE IV—MISCELLANEOUS PROVISIONS Sec. 608. Inspections. Sec. 1101. Marine safety. Sec. 609. Amendments to the protocol. Sec. 1102. Marine safety staff. Sec. 401. Certificate of documentation for Sec. 610. Penalties. Sec. 1103. Marine safety mission priorities GALLANT LADY. Sec. 611. Effect on other laws. and long term goals. Sec. 402. Waiver. TITLE VII—PORT SECURITY Sec. 1104. Powers and duties. Sec. 403. Great Lakes Maritime Research In- Sec. 1105. Appeals and waivers. stitute. Sec. 701. Maritime homeland security public Sec. 1106. Coast Guard Academy. Sec. 404. Conveyance. awareness program. Sec. 1107. Geographic stability. Sec. 405. Crew wages on passenger vessels. Sec. 702. Transportation Worker Identifica- Sec. 1108. Apprentice program. Sec. 406. Technical corrections. tion Credential. Sec. 1109. Report regarding civilian marine Sec. 407. Conveyance of decommissioned Sec. 703. Study to identify redundant back- inspectors. Coast Guard Cutter STORIS. ground records checks. Sec. 408. Repeal of requirement of license for Sec. 704. Review of interagency operational TITLE I—AUTHORIZATION employment in the business of centers. SEC. 101. AUTHORIZATION OF APPROPRIATIONS. salvaging on the coast of Flor- Sec. 705. Maritime security response teams. Funds are authorized to be appropriated ida. Sec. 706. Coast Guard detection canine team for fiscal year 2008 for necessary expenses of Sec. 409. Right-of-first-refusal for Coast program expansion. the Coast Guard as follows: Guard property on Jupiter Is- Sec. 707. Coast Guard port assistance pro- (1) For the operation and maintenance of land, Florida. gram. the Coast Guard, $5,965,742,000, of which— Sec. 410. Conveyance of Coast Guard HU–25 Sec. 708. Maritime biometric identification. (A) $24,500,000 is authorized to be derived Falcon Jet aircraft. Sec. 709. Review of potential threats. from the Oil Spill Liability Trust Fund to Sec. 411. Decommissioned Coast Guard ves- Sec. 710. Port security pilot. carry out the purposes of section 1012(a)(5) of sels for Haiti. Sec. 711. Advance notice of port arrival of the Oil Pollution Act of 1990 (33 U.S.C. Sec. 412. Extension of period of operation of significant or fatal incidents in- 2712(a)(5)); vessel for setting, relocation, or volving U.S. persons. (B) $631,000,000 shall be available only for recovery of anchors or other Sec. 712. Safety and security assistance for paying for search and rescue programs; mooring equipment. foreign ports. (C) $527,000,000 shall be available only for Sec. 413. Vessel traffic risk assessments. Sec. 713. Seasonal workers. paying for marine safety programs; Sec. 414. Vessel MARYLAND INDEPEND- Sec. 714. Comparative risk assessment of (D) $80,500,000 shall be available only for ENCE. vessel-based and facility-based paying for operating expenses of the Inte- Sec. 415. Study of relocation of Coast Guard liquefied natural gas regasifi- grated Deepwater System program; and Sector Buffalo facilities. cation processes. (E) $1,523,000,000 shall be available only for Sec. 416. Conveyance of Coast Guard vessel Sec. 715. Pilot Program for fingerprinting of paying for ports, waterways, and coastal se- to Coahoma County, Mis- maritime workers. curity. sissippi. Sec. 716. Transportation security cards on (2) For the acquisition, construction, re- Sec. 417. Conveyance of Coast Guard vessel vessels. building, and improvement of aids to naviga- to Warren County, Mississippi. Sec. 717. International labor study. tion, shore and offshore facilities, vessels,

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.004 H24APPT1 smartinez on PROD1PC64 with HOUSE April 24, 2008 CONGRESSIONAL RECORD — HOUSE H2679

and aircraft, including equipment related (2) TRANSFER AND ADMINISTRATION OF BAL- ‘‘(b) DISTRIBUTION PERCENTAGES BY thereto, $1,125,083,000, of which— ANCES.—Any unobligated balances of prior GRADE.— (A) $20,000,000 shall be derived from the Oil appropriations provided for the alteration of ‘‘(1) REQUIRED.—The total number of com- Spill Liability Trust Fund to carry out the bridges are transferred and shall be available missioned officers authorized by this section purposes of section 1012(a)(5) of the Oil Pollu- to the Secretary of Transportation to carry shall be distributed in grade in the following tion Act of 1990, to remain available until ex- out the functions and authorities transferred percentages: 0.375 percent for rear admiral; pended; by subsection (a). 0.375 percent for rear admiral (lower half); 6.0 (B) $990,444,000 is authorized for the Inte- TITLE II—COAST GUARD percent for captain; 15.0 percent for com- grated Deepwater System Program; and mander; and 22.0 percent for lieutenant com- (C) $44,597,000 is authorized for shore facili- SEC. 201. APPOINTMENT OF CIVILIAN COAST GUARD JUDGES. mander. ties and aids to navigation. (a) IN GENERAL.—Chapter 7 of title 14, ‘‘(2) DISCRETIONARY.—The Secretary shall (3) To the Commandant of the Coast Guard United States Code, is amended by adding at prescribe the percentages applicable to the for research, development, test, and evalua- the end the following: grades of lieutenant, lieutenant (junior tion of technologies, materials, and human grade), and ensign. ‘‘§ 153. Appointment of judges factors directly relating to improving the ‘‘(3) AUTHORITY OF SECRETARY TO REDUCE performance of the Coast Guard’s mission in ‘‘The Secretary may appoint civilian em- PERCENTAGE.—The Secretary— search and rescue, aids to navigation, marine ployees of the Department in which the ‘‘(A) may reduce, as the needs of the Coast safety, marine environmental protection, en- Coast Guard is operating as appellate mili- Guard require, any of the percentages set forcement of laws and treaties, ice oper- tary judges, available for assignment to the forth in paragraph (1); and ations, oceanographic research, and defense Coast Guard Court of Criminal Appeals as ‘‘(B) shall apply that total percentage re- readiness, $25,000,000, to remain available provided for in section 866(a) of title 10.’’. duction to any other lower grade or com- until expended, of which $2,000,000 shall be (b) CLERICAL AMENDMENT.—The analysis bination of lower grades. derived from the Oil Spill Liability Trust for such chapter is amended by adding at the ‘‘(c) COMPUTATIONS.— Fund to carry out the purposes of section end the following: ‘‘(1) IN GENERAL.—The Secretary shall com- 1012(a)(5) of the Oil Pollution Act of 1990. ‘‘153. Appointment of judges.’’. pute, at least once each year, the total num- (4) For retired pay (including the payment SEC. 202. INDUSTRIAL ACTIVITIES. ber of commissioned officers authorized to of obligations otherwise chargeable to lapsed Section 151 of title 14, United States Code, serve in each grade by applying the grade appropriations for this purpose), payments is amended— distribution percentages established by or under the Retired Serviceman’s Family Pro- (1) by inserting ‘‘(a) IN GENERAL.—’’ before under this section to the total number of tection and Survivor Benefit Plans, and pay- ‘‘All orders’’; and commissioned officers listed on the current ments for medical care of retired personnel (2) by adding at the end the following: active duty promotion list. and their dependents under chapter 55 of ‘‘(b) ORDERS AND AGREEMENTS FOR INDUS- ‘‘(2) ROUNDING FRACTIONS.—Subject to sub- title 10, United States Code, $1,184,720,000, to TRIAL ACTIVITIES.—Under this section, the section (a), in making the computations remain available until expended. Coast Guard industrial activities may accept under paragraph (1), any fraction shall be (5) For alteration or removal of bridges orders and enter into reimbursable agree- rounded to the nearest whole number. over navigable waters of the United States ments with establishments, agencies, and de- ‘‘(3) TREATMENT OF OFFICERS SERVING OUT- constituting obstructions to navigation, and partments of the Department of Defense.’’. SIDE COAST GUARD.—The number of commis- for personnel and administrative costs asso- SEC. 203. REIMBURSEMENT FOR MEDICAL-RE- sioned officers on the active duty promotion ciated with the Bridge Alteration Program, LATED TRAVEL EXPENSES. list below the rank of rear admiral (lower $16,000,000. (a) IN GENERAL.—Chapter 13 of title 14, half) serving with other Federal departments (6) For environmental compliance and res- United States Code, is amended by adding at or agencies on a reimbursable basis or ex- toration at Coast Guard facilities (other the end the following: cluded under section 324(d) of title 49 shall than parts and equipment associated with ‘‘§ 518. Reimbursement for medical-related not be counted against the total number of operation and maintenance), $13,000,000, to travel expenses for certain persons resid- commissioned officers authorized to serve in remain available until expended. ing on islands in the continental United each grade. (7) For the Coast Guard Reserve program, States ‘‘(d) USE OF NUMBERS; TEMPORARY IN- including personnel and training costs, CREASES.—The numbers resulting from com- ‘‘In any case in which a covered bene- equipment, and services, $126,883,000. putations under subsection (c) shall be, for ficiary (as defined in section 1072(5) of title SEC. 102. AUTHORIZED LEVELS OF MILITARY all purposes, the authorized number in each 10) resides on an island that is located in the STRENGTH AND TRAINING. grade; except that the authorized number for 48 contiguous States and the District of Co- (a) ACTIVE DUTY STRENGTH.—The Coast a grade is temporarily increased during the lumbia and that lacks public access roads to Guard is authorized an end-of-year strength period between one computation and the the mainland and is referred by a primary for active duty personnel of 47,000 for the fis- next by the number of officers originally ap- care physician to a specialty care provider cal year ending on September 30, 2008. pointed in that grade during that period and (b) MILITARY TRAINING STUDENT LOADS.— (as defined in section 1074i(b) of title 10) on the number of officers of that grade for For fiscal year 2008, the Coast Guard is au- the mainland who provides services less than whom vacancies exist in the next higher thorized average military training student 100 miles from the location where the bene- grade but whose promotion has been delayed loads as follows: ficiary resides, the Secretary shall reimburse for any reason. (1) For recruit and special training, 2,500 the reasonable travel expenses of the covered ‘‘(e) OFFICERS SERVING COAST GUARD ACAD- student years. beneficiary and, when accompaniment by an EMY AND RESERVE.—The number of officers (2) For flight training, 165 student years. adult is necessary, for a parent or guardian authorized to be serving on active duty in (3) For professional training in military of the covered beneficiary or another mem- each grade of the permanent commissioned and civilian institutions, 350 student years. ber of the covered beneficiary’s family who teaching staff of the Coast Guard Academy (4) For officer acquisition, 1,200 student is at least 21 years of age.’’. and of the Reserve serving in connection years. (b) CLERICAL AMENDMENT.—The analysis with organizing, administering, recruiting, SEC. 103. TRANSFER OF BRIDGE ADMINISTRA- for such chapter is amended by adding at the instructing, or training the reserve compo- TION PROGRAM AUTHORITY AND end the following: FUNCTIONS. nents shall be prescribed by the Secretary.’’. ‘‘518. Reimbursement for medical-related (b) CLERICAL AMENDMENT.—The analysis (a) TRANSFER.— travel expenses for certain per- (1) AUTHORITY AND FUNCTIONS.—Notwith- for chapter 3 of such title is amended by sons residing on islands in the striking the item relating to section 42 and standing section 888(b) of the Homeland Se- continental United States.’’. curity Act of 2002 (6 U.S.C. 468(b)) or any inserting the following: other provision of law, the authorities of the SEC. 204. COMMISSIONED OFFICERS. ‘‘42. Number and distribution of commis- Secretary of Homeland Security to approve (a) ACTIVE DUTY PROMOTION LIST.—Section sioned officers on active duty the construction, alteration, or operation of 42 of title 14, United States Code, is amended promotion list.’’. to read as follows: a bridge, drawbridge, or causeway across or SEC. 205. COAST GUARD PARTICIPATION IN THE over the navigable waters of the United ‘‘§ 42. Number and distribution of commis- ARMED FORCES RETIREMENT HOME States and to require the alteration, repair, sioned officers on active duty promotion (AFRH) SYSTEM. or removal of that bridge, drawbridge, or list (a) IN GENERAL.—Section 1502 of the Armed causeway, pursuant to the Bridge Act of 1906 ‘‘(a) MAXIMUM TOTAL NUMBER.—The total Forces Retirement Home Act of 1991 (24 (34 Stat. 84; 33 U.S.C. 491 et seq.), the General number of Coast Guard commissioned offi- U.S.C. 401) is amended— Bridge Act of 1946 (60 Stat. 847, 33 U.S.C. 525 cers on the active duty promotion list, ex- (1) by striking paragraph (4); note), the Truman-Hobbs Act (54 Stat. 497; 33 cluding warrant officers, shall not exceed (2) in paragraph (5)— U.S.C. 511 et seq.), and the International 6,700; except that the Commandant may tem- (A) by striking ‘‘and’’ at the end of sub- Bridge Act of 1972 (60 Stat. 847; 33 U.S.C. 525 porarily increase that number by up to 2 per- paragraph (C); et seq.), and the functions related thereto, cent for no more than 60 days following the (B) by striking the period at the end of are hereby transferred to the Secretary of date of the commissioning of a Coast Guard subparagraph (D) and inserting ‘‘; and’’; and Transportation. Academy class. (C) by inserting at the end the following:

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.004 H24APPT1 smartinez on PROD1PC64 with HOUSE H2680 CONGRESSIONAL RECORD — HOUSE April 24, 2008 ‘‘(E) the Assistant Commandant of the analysis for chapter 11 of such title, are re- admiral or vice admiral, is retired for phys- Coast Guard for Human Resources.’’; and pealed. ical disability shall be placed on the retired (3) by adding at the end of paragraph (6) SEC. 210. ADMIRALS AND VICE ADMIRALS. list with the highest grade in which that of- the following: (a) VICE COMMANDANT.—Section 47 of title ficer served. ‘‘(E) The Master Chief Petty Officer of the 14, United States Code, is amended by strik- ‘‘(b) An officer, other than the Com- Coast Guard.’’. ing ‘‘vice admiral’’ and inserting ‘‘admiral’’. mandant, who is retired while serving in the (b) CONFORMING AMENDMENTS.—(1) Section (b) VICE ADMIRALS.—Section 50 of title 14, grade of admiral or vice admiral, or who, 2772 of title 10, United States Code, is amend- United States Code, is amended to read as after serving at least two and one-half years ed— follows: in the grade of admiral or vice admiral, is re- (A) in subsection (a) by inserting ‘‘or, in ‘‘§ 50. Vice admirals tired while serving in a lower grade, may in the case of the Coast Guard, the Com- the discretion of the President, be retired mandant’’ after ‘‘concerned’’; and ‘‘(a)(1) The President may designate 4 posi- with the highest grade in which that officer (B) by striking subsection (c). tions of importance and responsibility that served. (2) Section 1007(i) of title 37, United States shall be held by officers who— ‘‘(c) An officer, other than the Com- Code, is amended— ‘‘(A) while so serving, shall have the grade mandant, who, after serving less than two (A) in paragraph (3) by inserting ‘‘or, in the of vice admiral, with the pay and allowances and one-half years in the grade of admiral or case of the Coast Guard, the Commandant’’ of that grade; and vice admiral, is retired while serving in a after ‘‘Secretary of Defense’’; ‘‘(B) shall perform any duties as the Com- lower grade, shall be retired in his perma- (B) by striking paragraph (4); and mandant may prescribe. nent grade.’’; and (C) by redesignating paragraph (5) as para- ‘‘(2) The 4 vice admiral positions author- (2) in subsection (d)(2) by striking ‘‘Area graph (4). ized under paragraph (1) are, respectively, Commander, or Chief of Staff’’ and inserting SEC. 206. GRANTS TO INTERNATIONAL MARITIME the following: ‘‘or Vice Admirals’’. ORGANIZATIONS. ‘‘(A) The Deputy Commandant for Mission (e) CLERICAL AMENDMENTS.— Section 149 of title 14, United States Code, Support. (1) The heading for section 47 of that title is amended by adding at the end the fol- ‘‘(B) The Deputy Commandant for National is amended by striking ‘‘assignment’’ and in- lowing: Operations and Policy. serting ‘‘appointment’’. ‘‘(c) GRANTS TO INTERNATIONAL MARITIME ‘‘(C) The Commander, Force Readiness (2) The table of sections at the beginning of ORGANIZATIONS.—After consultation with the Command. chapter 3 of that title is amended— Secretary of State, the Commandant may ‘‘(D) The Commander, Operations Com- (A) by striking the item relating to section make grants to, or enter into cooperative mand. 47 and inserting the following: agreements, contracts, or other agreements ‘‘(3) The President may appoint, by and with, international maritime organizations with the advice and consent of the Senate, ‘‘47. Vice Commandant; appointment.’’; for the purpose of acquiring information or and reappoint, by and with the advice and (B) by striking the item relating to section data about merchant vessel inspections, se- consent of the Senate, to each of the posi- 50 and inserting the following: curity, safety, classification, and port state tions designated under paragraph (1) an offi- ‘‘50. Vice admirals.’’; or flag state law enforcement or oversight.’’. cer of the Coast Guard who is serving on ac- and SEC. 207. EMERGENCY LEAVE RETENTION AU- tive duty above the grade of captain. The (C) by striking the item relating to section THORITY. Commandant shall make recommendations 50a. (a) IN GENERAL.—Chapter 11 of title 14, for those appointments. (f) TECHNICAL CORRECTION.—Section 47 of United States Code, is amended by inserting ‘‘(b)(1) The appointment and the grade of after section 425 the following: that title is further amended in the fifth sen- vice admiral under this section shall be ef- tence by striking ‘‘subsection’’ and inserting ‘‘§ 426. Emergency leave retention authority fective on the date the officer assumes that ‘‘section’’. ‘‘With regard to a member of the Coast duty and, except as provided in paragraph (2) SEC. 211. MERCHANT MARINER MEDICAL ADVI- Guard who serves on active duty, a duty as- of this subsection or in section 51(d) of this SORY COMMITTEE. signment in support of a declaration of a title, shall terminate on the date the officer (a) IN GENERAL.—Chapter 71 of title 46, major disaster or emergency by the Presi- is detached from that duty. United States Code, is amended by adding at dent under the Robert T. Stafford Disaster ‘‘(2) An officer who is appointed to a posi- the end the following new section: Relief and Emergency Assistance Act (42 tion designated under subsection (a) shall U.S.C. 5121 et seq.) shall be treated, for the continue to hold the grade of vice admiral— ‘‘§ 7115. Merchant Mariner Medical Advisory purpose of section 701(f)(2) of title 10, a duty ‘‘(A) while under orders transferring the of- Committee assignment in support of a contingency oper- ficer to another position designated under ‘‘(a) ESTABLISHMENT.— ation.’’. subsection (a), beginning on the date the of- ‘‘(1) IN GENERAL.—There is established a (b) CLERICAL AMENDMENT.—The analysis ficer is detached from duty and terminating Merchant Mariner Medical Advisory Com- for such chapter is amended by inserting on the date before the day the officer as- mittee (in this section referred to as the after the item relating to section 425 the fol- sumes the subsequent duty, but not for more ‘Committee’). lowing new item: than 60 days; ‘‘(2) FUNCTIONS.—The Committee shall ad- ‘‘426. Emergency leave retention authority.’’. ‘‘(B) while hospitalized, beginning on the vise the Secretary on matters relating to— SEC. 208. ENFORCEMENT AUTHORITY. day of the hospitalization and ending on the ‘‘(A) medical certification determinations (a) IN GENERAL.—Chapter 5 of title 14, day the officer is discharged from the hos- for issuance of merchant mariner creden- United States Code, is amended by adding at pital, but not for more than 180 days; and tials; the end the following: ‘‘(C) while awaiting retirement, beginning ‘‘(B) medical standards and guidelines for ‘‘§ 99. Enforcement authority on the date the officer is detached from duty the physical qualifications of operators of ‘‘Subject to guidelines approved by the and ending on the day before the officer’s re- commercial vessels; Secretary, members of the Coast Guard, in tirement, but not for more than 60 days. ‘‘(C) medical examiner education; and the performance of official duties, may— ‘‘(c)(1) An appointment of an officer under ‘‘(D) medical research. ‘‘(1) carry a firearm; and subsection (a) does not vacate the permanent ‘‘(b) MEMBERSHIP.— ‘‘(2) while at a facility (as defined in sec- grade held by the officer. ‘‘(1) IN GENERAL.—The Committee shall tion 70101 of title 46)— ‘‘(2) An officer serving in a grade above consist of 14 members, none of whom is a ‘‘(A) make an arrest without warrant for rear admiral who holds the permanent grade Federal employee, and shall include— any offense against the United States com- of rear admiral (lower half) shall be consid- ‘‘(A) ten who are health-care professionals mitted in their presence; and ered for promotion to the permanent grade with particular expertise, knowledge, or ex- ‘‘(B) seize property as otherwise provided of rear admiral as if the officer was serving perience regarding the medical examinations by law.’’. in the officer’s permanent grade. of merchant mariners or occupational medi- (b) CONFORMING REPEAL.—The first section ‘‘(d) Whenever a vacancy occurs in a posi- cine; and added to title 46, United States Code, by the tion designated under subsection (a), the ‘‘(B) four who are professional mariners amendment made by subsection (a) of sec- Commandant shall inform the President of with knowledge and experience in mariner tion 801 of the Coast Guard and Maritime the qualifications needed by an officer serv- occupational requirements. Transportation Act of 2004 (118 Stat. 1078), ing in that position to carry out effectively ‘‘(2) STATUS OF MEMBERS.—Members of the and the item relating to such first section the duties and responsibilities of that posi- Committee shall not be considered Federal enacted by the amendment made by sub- tion.’’. employees or otherwise in the service or the section (b) of such section 801, are repealed. (c) REPEAL.—Section 50a of title 14, United employment of the Federal Government, ex- (c) CLERICAL AMENDMENT.—The analysis States Code, is repealed. cept that members shall be considered spe- for such chapter is amended by adding at the (d) CONFORMING AMENDMENT.—Section 51 of cial Government employees, as defined in end the following: that title is amended— section 202(a) of title 18, United States Code, ‘‘99. Enforcement authority.’’. (1) by amending subsections (a), (b), and (c) and shall be subject to any administrative SEC. 209. REPEAL. to read as follows: standards of conduct applicable to the em- Section 216 of title 14, United States Code, ‘‘(a) An officer, other than the Com- ployees of the department in which the Coast and the item relating to such section in the mandant, who, while serving in the grade of Guard is operating.

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.004 H24APPT1 smartinez on PROD1PC64 with HOUSE April 24, 2008 CONGRESSIONAL RECORD — HOUSE H2681

‘‘(c) APPOINTMENTS; TERMS; VACANCIES.— ‘‘(b) PROVISION OF DIRECTION AND GUID- each Coast Guard District as a District Om- ‘‘(1) APPOINTMENTS.—The Secretary shall ANCE.— budsman to serve as a liaison between ports, appoint the members of the Committee, and ‘‘(1) In addition to the information pro- terminal operators, shipowners, and labor each member shall serve at the pleasure of vided pursuant to subsection (a), the Sec- representatives and the Coast Guard. the Secretary. retary may furnish the selection board— ‘‘(b) PURPOSE.—The purpose of the District ‘‘(2) TERMS.—Each member shall be ap- ‘‘(A) specific direction relating to the Ombudsman shall be the following: pointed for a term of three years, except needs of the Coast Guard for officers having ‘‘(1) To support the operations of the Coast that, of the members first appointed, three particular skills, including direction relating Guard in each port in the District for which members shall be appointed for a term of two to the need for a minimum number of offi- the District Ombudsman is appointed. years and three members shall be appointed cers with particular skills within a specialty; ‘‘(2) To improve communications between for a term of one year. and and among port stakeholders including, port ‘‘(3) VACANCIES.—Any member appointed to ‘‘(B) any other guidance that the Secretary and terminal operators, ship owners, labor fill the vacancy prior to the expiration of the believes may be necessary to enable the representatives, and the Coast Guard. term for which that member’s predecessor board to properly perform its functions. ‘‘(3) To seek to resolve disputes between was appointed shall be appointed for the re- ‘‘(2) Selections made based on the direction the Coast Guard and all petitioners regard- mainder of that term. and guidance provided under this subsection ing requirements imposed or services pro- ‘‘(d) CHAIRMAN AND VICE CHAIRMAN.—The shall not exceed the maximum percentage of vided by the Coast Guard. Secretary shall designate one member of the officers who may be selected from below the ‘‘(c) FUNCTIONS.— Committee as the Chairman and one member announced promotion zone at any given se- ‘‘(1) COMPLAINTS.—The District Ombuds- as the Vice Chairman. The Vice Chairman lection board convened under section 251 of man may examine complaints brought to the shall act as Chairman in the absence or inca- this title.’’; attention of the District Ombudsman by a pacity of, or in the event of a vacancy in the (3) in section 259(a), by inserting after petitioner operating in a port or by Coast office of, the Chairman. ‘‘whom the board’’ the following: ‘‘, giving Guard personnel. ‘‘(e) COMPENSATION; REIMBURSEMENT.— due consideration to the needs of the Coast ‘‘(2) GUIDELINES FOR DISPUTES.— Members of the Committee shall serve with- Guard for officers with particular skills so ‘‘(A) IN GENERAL.—The District Ombuds- out compensation, except that, while en- noted in specific direction furnished to the man shall develop guidelines regarding the gaged in the performance of duties away board by the Secretary under section 258 of types of disputes with respect to which the from their homes or regular places of busi- this title,’’; and District Ombudsman will provide assistance. ness of the member, the member of the Com- (4) in section 260(b), by inserting after ‘‘(B) LIMITATION.—The District Ombuds- mittee may be allowed travel expenses, in- ‘‘qualified for promotion’’ the following: ‘‘to man shall not provide assistance with re- cluding per diem in lieu of subsistence, as meet the needs of the service (as noted in spect to a dispute unless it involves the im- authorized by section 5703 of title 5. specific direction furnished the board by the pact of Coast Guard requirements on port ‘‘(f) STAFF; SERVICES.—The Secretary shall Secretary under section 258 of this title)’’. business and the flow of commerce. furnish to the Committee the personnel and SEC. 214. LASER TRAINING SYSTEM. ‘‘(C) PRIORITY.—In providing such assist- services as are considered necessary for the (a) IN GENERAL.—Within one year after the ance, the District Ombudsman shall give pri- conduct of its business.’’. date of enactment of this Act, the Secretary ority to complaints brought by petitioners (b) FIRST MEETING.—No later than six of the department in which the Coast Guard who believe they will suffer a significant months after the date of enactment of this shall test an integrated laser engagement hardship as the result of implementing a Act, the Merchant Mariner Medical Advisory system for the training of members of the Coast Guard requirement or being denied a Committee established by the amendment Coast Guard assigned to small vessels in the Coast Guard service. made by this section shall hold its first use of individual weapons and machine guns ‘‘(3) CONSULTATION.—The District Ombuds- meeting. on those vessels. The test shall be conducted man may consult with any Coast Guard per- (c) CLERICAL AMENDMENT.—The analysis on vessels on the Great Lakes using similar sonnel who can aid in the investigation of a for chapter 71 of that title is amended by laser equipment used by other Federal agen- complaint. adding at the end the following: cies. However, that equipment shall be ‘‘(4) ACCESS TO INFORMATION.—The District ‘‘7115. Merchant Mariner Medical Advisory adapted for use in the marine environment. Ombudsman shall have access to any Coast Committee.’’. (b) REPORT.—The Secretary shall submit a Guard document, including any record or re- SEC. 212. RESERVE COMMISSIONED WARRANT report to the Committee on Transportation port, that will aid the District Ombudsman OFFICER TO LIEUTENANT PRO- and Infrastructure and the Committee on in obtaining the information needed to con- GRAM. Homeland Security of the House of Rep- duct an investigation of a compliant. Section 214(a) of title 14, United States resentatives and the Committee on Com- ‘‘(5) REPORTS.—At the conclusion of an in- Code, is amended to read as follows: merce, Science, and Transportation of the vestigation, the District Ombudsman shall ‘‘(a) The president may appoint temporary Senate within 6 months after the conclusions submit a report on the findings and rec- commissioned officers— of the test required under subsection (a) on ommendations of the District Ombudsman, ‘‘(1) in the Regular Coast Guard in a grade, the costs and benefits of using the system re- to the Commander of the District in which not above lieutenant, appropriate to their gionally and nationwide to train members of the petitioner who brought the complaint is qualifications, experience, and length of the Coast Guard in the use of individual located or operating. service, as the needs of the Coast Guard may weapons and machine guns. ‘‘(6) DEADLINE.—The District Ombudsman require, from among the commissioned war- SEC. 215. COAST GUARD VESSELS AND AIRCRAFT. shall seek to resolve each complaint brought rant officers, warrant officers, and enlisted (a) AUTHORITY TO FIRE ATORINTO A VES- in accordance with the guidelines— members of the Coast Guard, and from hold- SEL.—Section 637(c) of title 14, United States ‘‘(A) in a timely fashion; and ers of licenses issued under chapter 71 of title Code, is amended— ‘‘(B) not later than 4 months after the 46; and (1) in paragraph (1), by striking ‘‘; or’’ and complaint is officially accepted by the Dis- ‘‘(2) in the Coast Guard Reserve in a grade, inserting a semicolon; trict Ombudsman. not above lieutenant, appropriate to their (2) in paragraph (2), by striking the period ‘‘(d) APPOINTMENT.—The Commandant qualifications, experience, and length of at the end and inserting ‘‘; or’’; and shall appoint as the District Ombudsman a service, as the needs of the Coast Guard may (3) by adding at the end the following: civilian who has experience in port and require, from among the commissioned war- ‘‘(3) any other vessel or aircraft on govern- transportation systems and knowledge of rant officers of the Coast Guard Reserve.’’. ment noncommercial service when— port operations or of maritime commerce (or SEC. 213. ENHANCED STATUS QUO OFFICER PRO- ‘‘(A) the vessel or aircraft is under the tac- both). MOTION SYSTEM. tical control of the Coast Guard; and ‘‘(e) ANNUAL REPORTS.—The Secretary Chapter 11 of title 14, United States Code, ‘‘(B) at least one member of the Coast shall report annually to the Committee on is amended— Guard is assigned and conducting a Coast Transportation and Infrastructure of the (1) in section 253(a)— Guard mission on the vessel or aircraft.’’. House of Representatives and the Committee (A) by inserting ‘‘and’’ after ‘‘considered,’’; (b) AUTHORITY TO DISPLAY COAST GUARD on Commerce, Science, and Transportation and ENSIGNS AND PENNANTS.—Section 638(a) of of the Senate on the matters brought before (B) by striking ‘‘, and the number of offi- title 14, United States Code, is amended by the District Ombudsmen, including— cers the board may recommend for pro- striking ‘‘Coast Guard vessels and aircraft’’ ‘‘(1) the number of matters brought before motion’’; and inserting ‘‘Vessels and aircraft author- each District Ombudsman; (2) in section 258— ized by the Secretary’’. ‘‘(2) a brief summary of each such matter; (A) by inserting ‘‘(a) IN GENERAL.—’’ before SEC. 216. COAST GUARD DISTRICT OMBUDSMEN. and the existing text; (a) IN GENERAL.—Chapter 3 of title 14, ‘‘(3) the eventual resolution of each such (B) in subsection (a) (as so designated) by United States Code, is amended by adding at matter.’’. striking the colon at the end of the material the end the following new section: (b) CLERICAL AMENDMENT.—The analysis at preceding paragraph (1) and inserting ‘‘—’’; ‘‘§ 55. District Ombudsmen the beginning of that chapter is amended by and ‘‘(a) IN GENERAL.—The Commandant shall adding at the end the following new item: (C) by adding at the end the following: appoint an employee of the Coast Guard in ‘‘55. District Ombudsmen.’’.

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0655 E:\CR\FM\A24AP7.004 H24APPT1 smartinez on PROD1PC64 with HOUSE H2682 CONGRESSIONAL RECORD — HOUSE April 24, 2008

SEC. 217. ENSURING CONTRACTING WITH SMALL (2) SECRETARY.—The term ‘‘Secretary’’ 46. The Secretary shall establish a program BUSINESS CONCERNS AND DIS- means the Secretary of the department in for these officers and members to enforce ADVANTAGED BUSINESS CONCERNS. which the Coast Guard is operating. that chapter, including the application of (a) REQUIREMENTS FOR PRIME CONTRACTS.— SEC. 218. ASSISTANT COMMANDANT FOR PORT those laws to vessels that support the explo- The Secretary shall include in each contract AND WATERWAY SECURITY. ration, development, and production of oil, awarded for procurement of goods or services (a) IN GENERAL.—Chapter 3 of title 14, gas, or mineral resources in the Gulf of Mex- acquired for the Coast Guard— United States Code, is further amended by ico.’’. (1) a requirement that the contractor shall adding at the end the following: (b) CLERICAL AMENDMENT.—The analysis implement a plan for the award, in accord- ‘‘§ 61. Assistant Commandant for Port and for that chapter is amended by adding at the ance with other applicable requirements, of Waterway Security end the following new item: subcontracts under the contract to small ‘‘(a) There shall be in the Coast Guard an ‘‘101. Enforcement of coastwise trade laws.’’. business concerns, including small business Assistant Commandant for Port and Water- (c) REPORT.—The Secretary of the depart- concerns owned and controlled by socially way Security who shall be a Rear Admiral or ment in which the Coast Guard is operating and economically disadvantaged individuals, civilian from the Senior Executive Service shall submit a report to the Committee on small business concerns owned and con- (career reserved) selected by the Secretary. Transportation and Infrastructure of the trolled by women, small business concerns ‘‘(b) The Assistant Commandant for Port House of Representatives and the Senate owned and controlled by service-disabled and Waterway Security shall serve as the Committee on Commerce, Science, and veterans, HUBZone small business concerns, principal advisor to the Commandant regard- Transportation within one year after the small business concerns participating in the ing port and waterway security and shall date of enactment of this Act on the enforce- program under section 8(a) of the Small carry out the duties and powers delegated ment strategies and enforcement actions Business Act (15 U.S.C. 637(a)), institutions and imposed by the Secretary.’’. taken to enforce the coastwise trade laws. receiving assistance under title III or V of (b) CLERICAL AMENDMENT.—The analysis at the Higher Education Act of 1965 (20 U.S.C. the beginning of that chapter is further SEC. 221. NOMINATION AND APPOINTMENT OF CADETS AT THE COAST GUARD 1051 et seq., 1101 et seq.), and Alaska Native amended by adding at the end the following: ACADEMY. Corporations created pursuant to the Alaska ‘‘61. Assistant Commandant for Port and (a) NOMINATION AND COMPETITIVE APPOINT- Native Claims Settlement Act (43 U.S.C. 1601 Waterway Security.’’. MENT, GENERALLY.—Section 182(a) of title 14, et seq.), including the terms of such plan; SEC. 219. SMALL BUSINESS PROCUREMENTS. United States Code, is amended to read as and (a) IN GENERAL.—Chapter 17 of title 14, follows: (2) a requirement that the contractor shall United States Code, is amended by adding at ‘‘(a) NOMINATION AND COMPETITIVE AP- submit to the Secretary, during performance the end the following: POINTMENT OF CADETS.— of the contract, periodic reports describing ‘‘§ 678. Disadvantaged business enterprise ‘‘(1) ELIGIBILITY FOR NOMINATION.—An indi- the extent to which the contractor has com- program vidual may be nominated for a competitive plied with such plan, including specification ‘‘(a) IN GENERAL.—Except to the extent appointment as a cadet at the Coast Guard (by total dollar amount and by percentage of that the Secretary determines otherwise, not Academy only if the individual– the total dollar value of the contract) of the less than 10 percent of the amounts obligated ‘‘(A) is a citizen or national of the United value of subcontracts awarded at all tiers of by the Coast Guard for contracts in any fis- States; and subcontracting to small business concerns, cal year shall be expended with small busi- ‘‘(B) meets the minimum requirements institutions, and corporations referred to in ness concerns owned and controlled by so- that the Secretary shall establish. subsection (a)(1). cially and economically disadvantaged indi- ‘‘(2) NOMINATORS.—Nominations for com- (b) UTILIZATION OF ALLIANCES.—The Sec- viduals. petitive appointments for the positions allo- retary shall seek to facilitate award of con- ‘‘(b) DEFINITIONS.—In this subsection, the cated under this section may be made as fol- tracts by the United States under the Deep- following definitions apply: lows: water Program to alliances of small business ‘‘(1) SMALL BUSINESS CONCERN.—The term ‘‘(A) A Senator may nominate residents of concerns, institutions, and corporations re- ‘small business concern’ has the meaning the State represented by that Senator. ferred to in subsection (a)(1). given that term under section 3 of the Small ‘‘(B) A Member of the House of Representa- (c) ANNUAL REPORT.— Business Act (15 U.S.C. 632). tives may nominate residents of the State in (1) IN GENERAL.—The Secretary shall sub- ‘‘(2) SOCIALLY AND ECONOMICALLY DISADVAN- which the congressional district represented mit to the Committee on Transportation and TAGED INDIVIDUALS.—The term ‘socially and by that Member is located. Infrastructure and the Committee on Home- economically disadvantaged individuals’ has ‘‘(C) A Delegate to the House of Represent- land Security of the House of Representa- the meaning that term has under section 8(d) atives from the District of Columbia, the tives and the Committee on Commerce, of the Small Business Act (15 U.S.C. 637(d)) Virgin Islands, Guam, or American Samoa Science, and Transportation of the Senate by and relevant subcontracting regulations may nominate residents of the jurisdiction October 31 each year a report on the award of issued pursuant to that Act, except that represented by that Delegate. contracts under the Deepwater Program to women shall be presumed to be socially and ‘‘(D) The Resident Commissioner to the small business concerns, institutions, and economically disadvantaged individuals for United States from Puerto Rico may nomi- corporations referred to in subsection (a)(1) purposes of this subsection. nate residents of Puerto Rico. during the preceding fiscal year. ‘‘(c) REGULATIONS.—The Secretary shall ‘‘(E) The Governor of the Northern Mar- (2) CONTENTS.—The Secretary shall include issue final regulations governing the admin- iana Islands may nominate residents of the in each report— istration of the program created by this sec- Northern Mariana Islands. (A) specification of the value of such con- tion by one year after the date of enactment ‘‘(3) ALLOCATION OF POSITIONS.—Positions tracts, by dollar amount and as a percentage of this section. To the maximum extent fea- for competitive appointments shall be allo- of the total dollar value of all contracts sible, these regulations shall impose require- cated each year as follows: awarded by the United States under the ments similar to those of part 26 of title 49, ‘‘(A) Positions shall be allocated for resi- Deepwater Program in such fiscal year; Code of Federal Regulations, with respect to dents of each State nominated by the Mem- (B) specification of the total dollar value setting overall and contract goals, good faith bers of Congress from that State in propor- of such contracts awarded to each of the cat- efforts, and the contract award process, tion to the representation in Congress from egories of small business concerns, institu- counting of credit for the participation of that State. tions, and corporations referred to in sub- businesses owned and controlled by socially ‘‘(B) Four positions shall be allocated for section (a)(1); and and economically disadvantaged individuals, residents of the District of Columbia. (C) if the percentage specified under sub- and determining whether businesses are eli- ‘‘(C) One position each shall be allocated paragraph (A) is less than 25 percent, an ex- gible to participate in the program. for residents of the Virgin Islands, Guam, planation of— ‘‘(d) TERMINATION.—This section shall and American Samoa, respectively. (i) why the percentage is less than 25 per- cease to be effective three years after the ‘‘(D) One position shall be allocated for a cent; and date of its enactment.’’. resident of Puerto Rico. (ii) what will be done to ensure that the (b) CLERICAL AMENDMENT.—The analysis at ‘‘(E) One position shall be allocated for a percentage for the following fiscal year will the beginning of that chapter is further resident of the Northern Mariana Islands. not be less than 25 percent. amended by adding at the end the following: ‘‘(F) Two positions shall be allocated for (d) DEFINITIONS.—In this section: ‘‘678. Disadvantaged business enterprise pro- individuals nominated by the Panama Canal (1) DEEPWATER PROGRAM.—The term ‘‘Deep- gram.’’. Commission. water Program’’ means the Integrated Deep- SEC. 220. ENFORCEMENT OF COASTWISE TRADE ‘‘(4) COMPETITIVE SYSTEM FOR APPOINT- water Systems Program described by the LAWS. MENT.— Coast Guard in its report to Congress enti- (a) IN GENERAL.—Chapter 5 of title 14, ‘‘(A) ESTABLISHMENT OF SYSTEM.—The Sec- tled ‘‘Revised Deepwater Implementation United States Code, is amended by adding at retary shall establish a competitive system Plan 2005’’, dated March 25, 2005. The Deep- the end the following: for selecting for appointment individuals water Program primarily involves the pro- ‘‘§ 101. Enforcement of coastwise trade laws nominated under paragraph (1) to fill the po- curement of cutter and aviation assets that ‘‘Officers and members of the Coast Guard sitions allocated under paragraph (3). The operate more than 50 miles offshore. are authorized to enforce chapter 551 of title system must determine the relative merit of

VerDate Aug 31 2005 04:48 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.004 H24APPT1 smartinez on PROD1PC64 with HOUSE April 24, 2008 CONGRESSIONAL RECORD — HOUSE H2683 each individual based on competitive exami- for appointment as a cadet at the Academy section as the vessel being rebuilt or re- nations, an assessment of the individual’s because one or more members of the individ- placed. academic background, and other effective in- ual’s immediate family are alumni of the ‘‘(C) TRANSFER OF PERMITS AND LICENSES.— dicators of motivation and probability of Academy.’’. Each fishing permit and license held by the successful completion of training at the (b) MINORITY RECRUITING PROGRAM.— owner of a vessel or vessels to be rebuilt or Academy. (1) IN GENERAL.—Chapter 9 of title 14, replaced under subparagraph (A) shall be ‘‘(B) APPOINTMENTS BY JURISDICTION.—The United States Code, is amended by adding at transferred to the rebuilt or replacement Secretary shall appoint individuals to fill the end the following new section: vessel. the positions allocated under subsection (c) ‘‘§ 197. Minority recruiting program ‘‘(2) RECOMMENDATIONS OF NORTH PACIFIC for each jurisdiction in the order of merit of ‘‘The Secretary of the department in which COUNCIL.—The North Pacific Council may the individuals nominated from that juris- recommend for approval by the Secretary diction. the Coast Guard is operating shall establish a minority recruiting program for prospec- such conservation and management meas- ‘‘(C) REMAINING UNFILLED POSITIONS.—If po- ures, including size limits and measures to sitions remain unfilled after the appoint- tive cadets at the Coast Guard Academy. The control fishing capacity, in accordance with ments are made under paragraph (2), the Sec- program may include— the Magnuson-Stevens Act as it considers retary shall appoint individuals to fill the ‘‘(1) use of minority cadets and officers to positions in the order of merit of the remain- provide information regarding the Coast necessary to ensure that this subsection does ing individuals nominated from all jurisdic- Guard and the Academy to students in high not diminish the effectiveness of fishery tions. schools; management plans of the Bering Sea and ‘‘(5) NONCOMPETITIVE APPOINTMENTS.—The ‘‘(2) sponsoring of trips to high school Aleutian Islands Management Area or the Secretary may appoint each year without teachers and guidance counselors to the Gulf of Alaska. competition as cadets at the Academy the Academy; ‘‘(3) SPECIAL RULE FOR REPLACEMENT OF following: ‘‘(3) to the extent authorized by the Sec- CERTAIN VESSELS.— ‘‘(A) Without limit, the children of persons retary of the Navy, maximizing the use of ‘‘(A) IN GENERAL.—Notwithstanding the re- who have been awarded the Medal of Honor the Naval Academy Preparatory School to quirements of subsections (b)(2), (c)(1), and for acts performed while in the armed forces. prepare students to be cadets at the Coast (c)(2) of section 12113 of title 46, United ‘‘(B) Without limit— Guard Academy; States Code, a vessel that is eligible under ‘‘(i) children of individuals who died while ‘‘(4) recruiting minority members of the subsection (a), (b), (c), (d), or (e) (other than on active duty in the armed forces of the Coast Guard to attend the Academy; paragraph (21)) and that qualifies to be docu- United States; ‘‘(5) establishment of a minority affairs of- mented with a fishery endorsement pursuant ‘‘(ii) children of individuals who are deter- fice at the Academy; and to section 203(g) or 213(g) may be replaced mined by the Secretary of Veterans Affairs ‘‘(6) use of minority officers and members with a replacement vessel under paragraph to have a service-connected disability rated of the Coast Guard Reserve and Auxiliary to (1) if the vessel that is replaced is validly at not less than 100 percent resulting from promote the Academy.’’. documented with a fishery endorsement pur- wounds or injuries received in, diseases con- (2) CLERICAL AMENDMENT.—The table of suant to section 203(g) or 213(g) before the re- tracted in, or preexisting injury or disease sections for that cuapter is amended by add- placement vessel is documented with a fish- aggravated by, active service; ing at the end the folowing new item: ery endorsement under section 12113 of title ‘‘(iii) children of members of the armed ‘‘197. Minority recruiting program.’’. 46, United States Code. forces of the United States who are in a TITLE III—SHIPPING AND NAVIGATION ‘‘(B) APPLICABILITY.—A replacement vessel missing status as defined in section 551(2) of under subparagraph (A) and its owner and title 37; and SEC. 301. VESSEL SIZE LIMITS. mortgagee are subject to the same limita- ‘‘(iv) children of civilian employees of the (a) LENGTH, TONNAGE, AND HORSEPOWER.— tions under section 203(g) or 213(g) that are armed forces of the United States who are in Section 12113(d)(2) of title 46, United States applicable to the vessel that has been re- missing status as defined in section 5561(5) of Code, is amended— placed and its owner and mortgagee. (1) by inserting ‘‘and’’ after the semicolon title 5. ‘‘(4) SPECIAL RULES FOR CERTAIN CATCHER at the end of subparagraph (A)(i); ‘‘(C) Not more than 25 enlisted members of VESSELS.— (2) by striking ‘‘and’’ at the end of subpara- the Coast Guard; ‘‘(A) IN GENERAL.—A replacement for a cov- graph (A)(ii); ‘‘(D) Not more than 20 qualified individuals ered vessel described in subparagraph (B) is (3) by striking subparagraph (A)(iii); with qualities the Secretary considers to be prohibited from harvesting fish in any fish- (4) by striking the period at the end of sub- of special value to the Academy and that the ery (except for the Pacific whiting fishery) paragraph (B) and inserting ‘‘; or’’; and Secretary considers will achieve a national managed under the authority of any regional demographic balance at the Academy. (5) by inserting at the end the following: fishery management council (other than the ‘‘(6) ADDITIONAL APPOINTMENTS FROM PAR- ‘‘(C) the vessel is either a rebuilt vessel or North Pacific Council) established under sec- TICULAR AREAS.— a replacement vessel under section 208(g) of tion 302(a) of the Magnuson-Stevens Act. ‘‘(A) OTHER COUNTRIES IN WESTERN HEMI- the American Fisheries Act (title II of divi- ‘‘(B) COVERED VESSELS.—A covered vessel SPHERE.—The President may appoint individ- sion C of Public Law 105–277; 112 Stat. 2681– referred to in subparagraph (A) is— uals from countries in the Western Hemi- 627) and is eligible for a fishery endorsement sphere other than the United States to re- under this section.’’. ‘‘(i) a vessel eligible under subsection (a), (b), or (c) that is replaced under paragraph ceive instruction at the Academy. Not more (b) CONFORMING AMENDMENTS.— than 12 individuals may receive instruction (1) VESSEL REBUILDING AND REPLACEMENT.— (1); or under this subsection at the same time, and Section 208(g) of the American Fisheries Act ‘‘(ii) a vessel eligible under subsection (a), not more than 2 individuals from the same (title II of division C of Public Law 105–277; (b), or (c) that is rebuilt to increase its reg- country may receive instruction under this 112 Stat. 2681–627) is amended to read as fol- istered length, gross tonnage, or shaft horse- subsection at the same time. lows: power. ‘‘(B) OTHER COUNTRIES GENERALLY.— ‘‘(g) VESSEL REBUILDING AND REPLACE- ‘‘(5) LIMITATION ON FISHERY ENDORSE- ‘‘(i) APPOINTMENT.—The Secretary, with MENT.— MENTS.—Any vessel that is replaced under the approval of the Secretary of State, may ‘‘(1) IN GENERAL.— this subsection shall thereafter not be eligi- appoint individuals from countries other ‘‘(A) REBUILD OR REPLACE.—Notwith- ble for a fishery endorsement under section than the United States to receive instruction standing any limitation to the contrary on 12113 of title 46, United States Code, unless at the Academy. Not more than 20 individ- replacing, rebuilding, or lengthening vessels that vessel is also a replacement vessel de- uals may receive instruction under this sub- or transferring permits or licenses to a re- scribed in paragraph (1). section at the same time. placement vessel contained in sections 679.2 ‘‘(6) GULF OF ALASKA LIMITATION.—Notwith- ‘‘(ii) REIMBURSEMENT.—The Secretary shall and 679.4 of title 50, Code of Federal Regula- standing paragraph (1), the Secretary shall ensure that the country from which an indi- tions, as in effect on the date of enactment prohibit from participation in the groundfish vidual comes under this subsection will re- of the Coast Guard Authorization Act of 2008 fisheries of the Gulf of Alaska any vessel imburse the Secretary for the cost (as deter- and except as provided in paragraph (4), the that is rebuilt or replaced under this sub- mined by the Secretary) of the instruction owner of a vessel eligible under subsection section and that exceeds the maximum and allowances received by the individual at (a), (b), (c), (d), or (e) (other than paragraph length overall specified on the license that the Academy. (21)), in order to improve vessel safety and authorizes fishing for groundfish pursuant to ‘‘(C) COMMITMENT.—Each individual at- operational efficiencies (including fuel effi- the license limitation program under part tending the Academy under this paragraph ciency), may rebuild or replace that vessel 679 of title 50, Code of Federal Regulations, shall sign an agreement stating that the in- (including fuel efficiency) with a vessel docu- as in effect on the date of enactment of the dividual, upon graduation, will accept an ap- mented with a fishery endorsement under Coast Guard Authorization Act of 2008. pointment, if tendered, as an officer in the section 12113 of title 46, United States Code. ‘‘(7) AUTHORITY OF PACIFIC COUNCIL.—Noth- Coast Guard of the country from which the ‘‘(B) SAME REQUIREMENTS.—The rebuilt or ing in this section shall be construed to di- individual comes for at least five years. replacement vessel shall be eligible in the minish or otherwise affect the authority of ‘‘(7) PROHIBITED BASIS FOR APPOINTMENT.— same manner and subject to the same re- the Pacific Council to recommend to the Preference may not be given to an individual strictions and limitations under such sub- Secretary conservation and management

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.004 H24APPT1 smartinez on PROD1PC64 with HOUSE H2684 CONGRESSIONAL RECORD — HOUSE April 24, 2008 measures to protect fisheries under its juris- under section 303 of the Magnuson-Stevens ‘‘intended to be engaged on’’ and inserting diction (including the Pacific whiting fish- Act.’’. ‘‘that engages on’’. ery) and participants in such fisheries from SEC. 302. GOODS AND SERVICES. (c) APPLICATION.—Section 14301 of that adverse impacts caused by this Act.’’. Section 4(b) of the Act of July 5, 1884, com- title is amended— (2) EXEMPTION OF CERTAIN VESSELS.—Sec- monly known as the Rivers and Harbors Ap- (1) by amending subsection (a) to read as tion 203(g) of the American Fisheries Act propriation Act of 1884 (33 U.S.C. 5(b)), is follows: (title II of division C of Public Law 105–277; amended— ‘‘(a) Except as otherwise provided in this 112 Stat. 2681–620) is amended— (1) by striking ‘‘or’’ at the end of paragraph section, this chapter applies to any vessel for (A) by inserting ‘‘and’’ after ‘‘(United (2)(C); which the application of an international States official number 651041)’’; (2) by striking the period at the end of agreement or other law of the United States (B) by striking ‘‘, NORTHERN TRAVELER paragraph (3) and inserting ‘‘; or’’; and to the vessel depends on the vessel’s ton- (United States official number 635986), and (3) by adding at the end the following: nage.’’; NORTHERN VOYAGER (United States offi- ‘‘(4) sales taxes on goods and services pro- (2) in subsection (b)— cial number 637398) (or a replacement vessel vided to or by vessels or watercraft (other (A) in paragraph (1), by striking the period for the NORTHERN VOYAGER that com- than vessels or watercraft primarily engaged at the end and inserting ‘‘, unless the govern- plies with paragraphs (2), (5), and (6) of sec- in foreign commerce).’’. ment of the country to which the vessel be- longs elects to measure the vessel under this tion 208(g) of this Act)’’; and SEC. 303. SEAWARD EXTENSION OF ANCHORAGE (C) by striking ‘‘, in the case of the GROUNDS JURISDICTION. chapter.’’; NORTHERN’’ and all that follows through Section 7 of the Rivers and Harbors Appro- (B) in paragraph (3), by inserting ‘‘of ‘‘PHOENIX,’’. priations Act of 1915 (33 U.S.C. 471) is amend- United States or Canadian registry or na- (3) FISHERY COOPERATIVE EXIT PROVISIONS.— ed— tionality, or a vessel operated under the au- Section 210(b) of the American Fisheries Act (1) by striking ‘‘That the’’ and inserting thority of the United States or Canada, and (title II of division C of Public Law 105–277; the following: that is’’ after ‘‘vessel’’; 112 Stat. 2681–629) is amended— ‘‘(a) IN GENERAL.—The’’. (C) in paragraph (4), by striking ‘‘a vessel (A) by moving the matter beginning with (2) in subsection (a) (as designated by para- (except a vessel engaged’’ and inserting ‘‘a ‘‘the Secretary shall’’ in paragraph (1) 2 ems graph (1)) by striking ‘‘$100; and the’’ and in- vessel of United States registry or nation- to the right; serting ‘‘up to $10,000. Each day during which ality, or one operated under the authority of (B) by adding at the end the following: a violation continues shall constitute a sepa- the United States (except a vessel that en- ‘‘(7) FISHERY COOPERATIVE EXIT PROVI- rate violation. The’’; gages’’; SIONS.— (3) by adding at the end the following: (D) by striking paragraph (5); ‘‘(A) FISHING ALLOWANCE DETERMINATION.— ‘‘(b) DEFINITION.—As used in this section (E) by redesignating paragraph (6) as para- For purposes of determining the aggregate ‘navigable waters of the United States’ in- graph (5); and percentage of directed fishing allowances cludes all waters of the territorial sea of the (F) by amending paragraph (5), as so redes- under paragraph (1), when a catcher vessel is United States as described in Presidential ignated, to read as follows: removed from the directed pollock fishery, Proclamation No. 5928 of December 27, 1988.’’. ‘‘(5) a barge of United States registry or nationality, or a barge operated under the the fishery allowance for pollock for the ves- SEC. 304. MARITIME DRUG LAW ENFORCEMENT sel being removed— ACT AMENDMENT-SIMPLE POSSES- authority of the United States (except a ‘‘(i) shall be based on the catch history de- SION. barge that engages on a foreign voyage) un- termination for the vessel made pursuant to Section 70506 of title 46, United States less the owner requests.’’; section 679.62 of title 50, Code of Federal Reg- Code, is amended by adding at the end the (3) by striking subsection (c); ulations, as in effect on the date of enact- following: (4) by redesignating subsections (d) and (e) ment of the Coast Guard Authorization Act ‘‘(c) SIMPLE POSSESSION.— as subsections (c) and (d), respectively; and of 2008; and ‘‘(1) IN GENERAL.—Any individual on a ves- (5) in subsection (c), as redesignated, by ‘‘(ii) shall be assigned, for all purposes sel subject to the jurisdiction of the United striking ‘‘After July 18, 1994, an existing ves- under this title, in the manner specified by States who is found by the Secretary, after sel (except an existing vessel referred to in the owner of the vessel being removed to any notice and an opportunity for a hearing, to subsection (b)(5)(A) or (B) of this section)’’ other catcher vessel or among other catcher have knowingly or intentionally possessed a and inserting ‘‘An existing vessel that has vessels participating in the fishery coopera- controlled substance within the meaning of not undergone a change that the Secretary tive if such vessel or vessels remain in the the Controlled Substances Act (21 U.S.C. 812) finds substantially affects the vessel’s gross fishery cooperative for at least one year shall be liable to the United States for a civil tonnage (or a vessel to which IMO Resolu- after the date on which the vessel being re- penalty of not to exceed $10,000 for each vio- tions A.494 (XII) of November 19, 1981, A.540 moved leaves the directed pollock fishery. lation. The Secretary shall notify the indi- (XIII) of November 17, 1983, or A.541 (XIII) of ‘‘(B) ELIGIBILITY FOR FISHERY ENDORSE- vidual in writing of the amount of the civil November 17, 1983 apply)’’. EASUREMENT MENT.—Except as provided in subparagraph penalty. (d) M .—Section 14302(b) of that (C), a vessel that is removed pursuant to this ‘‘(2) DETERMINATION OF AMOUNT.—In deter- title is amended to read as follows: paragraph shall be permanently ineligible mining the amount of the penalty, the Sec- ‘‘(b) A vessel measured under this chapter for a fishery endorsement, and any claim (in- retary shall consider the nature, cir- may not be required to be measured under cluding relating to catch history) associated cumstances, extent, and gravity of the pro- another law.’’. with such vessel that could qualify any hibited acts committed and, with respect to (e) TONNAGE CERTIFICATE.— owner of such vessel for any permit to par- the violator, the degree of culpability, any (1) ISSUANCE.—Section 14303 of title 46, ticipate in any fishery within the exclusive history of prior offenses, ability to pay, and United States Code, is amended— economic zone of the United States shall be other matters that justice requires. (A) in subsection (a), by adding at the end the following: ‘‘For a vessel to which the extinguished, unless such removed vessel is ‘‘(3) TREATMENT OF CIVIL PENALTY ASSESS- Convention does not apply, the Secretary thereafter designated to replace a vessel to MENT.—Assessment of a civil penalty under be removed pursuant to this paragraph. this subsection shall not be considered a con- shall prescribe a certificate to be issued as evidence of a vessel’s measurement under ‘‘(C) LIMITATIONS ON STATUTORY CONSTRUC- viction for purposes of State or Federal law this chapter.’’; TION.—Nothing in this paragraph shall be but may be considered proof of possession if construed— such a determination is relevant.’’. (B) in subsection (b), by inserting ‘‘issued under this section’’ after ‘‘certificate’’; and ‘‘(i) to make the vessels AJ (United States SEC. 305. TECHNICAL AMENDMENTS TO TON- (C) in the section heading by striking official number 905625), DONA MARTITA NAGE MEASUREMENT LAW. ‘‘INTERNATIONAL’’ and ‘‘(1969)’’. (United States official number 651751), NOR- (a) DEFINITIONS.—Section 14101(4) of title AINTENANCE.—Section 14503 of that DIC EXPLORER (United States official num- 46, United States Code, is amended— (2) M title is amended— ber 678234), and PROVIDIAN (United States (1) by striking ‘‘engaged’’ the first place it (A) by designating the existing text as sub- official number 1062183) ineligible for a fish- appears and inserting ‘‘that engages’’; section (a); and ery endorsement or any permit necessary to (2) in subparagraph (A), by striking ‘‘arriv- (B) by adding at the end the following new participate in any fishery under the author- ing’’ and inserting ‘‘that arrives’’; subsection: ity of the New England Fishery Management (3) in subparagraph (B)— ‘‘(b) The certificate shall be maintained as Council or the Mid-Atlantic Fishery Manage- (A) by striking ‘‘making’’ and inserting required by the Secretary.’’. ment Council established, respectively, ‘‘that makes’’; and (3) CLERICAL AMENDMENT.—The analysis at under subparagraphs (A) and (B) of section (B) by striking ‘‘(except a foreign vessel the beginning of chapter 143 of that title is 302(a)(1) of the Magnuson-Stevens Act; or engaged on that voyage)’’; amended by striking the item relating to ‘‘(ii) to allow the vessels referred to in (4) in subparagraph (C), by striking ‘‘de- section 14303 and inserting the following: clause (i) to participate in any fishery under parting’’ and inserting ‘‘that departs’’; and the authority of the Councils referred to in (5) in subparagraph (D), by striking ‘‘mak- ‘‘14303. Tonnage Certificate.’’. clause (i) in any manner that is not con- ing’’ and inserting ‘‘that makes’’. (f) OPTIONAL REGULATORY MEASUREMENT.— sistent with the fishery management plan (b) DELEGATION OF AUTHORITY.—Section Section 14305(a) of that title is amended by for the fishery developed by the Councils 14103(c) of that title is amended by striking striking ‘‘documented vessel measured under

VerDate Aug 31 2005 04:48 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.004 H24APPT1 smartinez on PROD1PC64 with HOUSE April 24, 2008 CONGRESSIONAL RECORD — HOUSE H2685 this chapter,’’ and inserting ‘‘vessel meas- miles from the baseline from which the terri- vide funding to municipalities, port authori- ured under this chapter that is of United torial sea of the United States is measured ties, other appropriate public entities, not- States registry or nationality, or a vessel op- or beyond 3 nautical miles from the coastline for-profit organizations, and other qualified erated under the authority of the United of the Great Lakes’’; persons that provide commercial fishing States,’’. (C) in paragraph (2)(B), by striking ‘‘life- safety training— (g) APPLICATION.—Section 14501 of that boats or liferafts’’ and inserting ‘‘a survival ‘‘(A) to conduct fishing vessel safety train- title is amended— craft that ensures that no part of an indi- ing for vessel operators and crewmembers (1) by amending paragraph (1) to read as vidual is immersed in water’’; that— follows: (D) in paragraph (2)(D), by inserting ‘‘ma- ‘‘(i) in the case of vessel operators, meets ‘‘(1) A vessel not measured under chapter rine’’ before ‘‘radio’’; the requirements of subsection (g); and 143 of this title if the application of an inter- (E) in paragraph (2)(E), by striking ‘‘radar ‘‘(ii) in the case of crewmembers, meets national agreement or other law of the reflectors, nautical charts, and anchors’’ and the requirements of subsection (g)(2)(A), United States to the vessel depends on the inserting ‘‘nautical charts, and publica- such requirements of subsection (g)(2)(B) as vessel’s tonnage.’’; and tions’’; are appropriate for crewmembers, and the re- (2) in paragraph (2), by striking ‘‘a vessel’’ (F) in paragraph (2)(F), by striking ‘‘, in- quirements of subsections (g)(2)(D), (g)(3), and inserting ‘‘A vessel’’. cluding medicine chests’’ and inserting ‘‘and and (g)(4); and (h) DUAL TONNAGE MEASUREMENT.—Section medical supplies sufficient for the size and ‘‘(B) for purchase of safety equipment and 14513(c) of that title is amended— area of operation of the vessel’’ and training aids for use in those fishing vessel (1) in paragraph (1)— (G) by amending paragraph (2)(G) to read safety training programs. (A) by striking ‘‘vessel’s tonnage mark is as follows: ‘‘(2) The Secretary shall award grants below the uppermost part of the load line ‘‘(G) ground tackle sufficient for the ves- under this subsection on a competitive basis. marks,’’ and inserting ‘‘vessel is assigned sel.’’; ‘‘(3) The Federal share of the cost of any two sets of gross and net tonnages under this (3) by amending subsection (f) to read as activity carried out with a grant under this section,’’; and follows: subsection shall not exceed 75 percent. (B) by inserting ‘‘vessel’s tonnage’’ before ‘‘(f) To ensure compliance with the require- ‘‘(4) There is authorized to be appropriated ‘‘mark’’ the second place such term appears; ments of this chapter, the Secretary— $3,000,000 for each of fiscal years 2008 through and ‘‘(1) shall require the individual in charge 2012 for grants under this subsection. (2) in paragraph (2), by striking the period of a vessel described in subsection (b) to keep ‘‘(j)(1) The Secretary shall establish a Fish- at the end and inserting ‘‘as assigned under a record of equipment maintenance, and re- ing Safety Research Grant Program to pro- this section.’’. quired instruction and drills; and vide funding to individuals in academia, (i) RECIPROCITY FOR FOREIGN VESSELS.— ‘‘(2) shall examine at dockside a vessel de- members of non-profit organizations and Subchapter II of chapter 145 of that title is scribed in subsection (b) at least twice every businesses involved in fishing and maritime amended by adding at the end the following: 5 years, and shall issue a certificate of com- matters, and other persons with expertise in ‘‘§ 14514. Reciprocity for foreign vessels pliance to a vessel meeting the requirements fishing safety, to conduct research on meth- of this chapter.’’; and ods of improving the safety of the commer- ‘‘For a foreign vessel not measured under (4) by adding at the end the following: cial fishing industry, including vessel design, chapter 143, if the Secretary finds that the ‘‘(g)(1) The individual in charge of a vessel emergency and survival equipment, enhance- laws and regulations of a foreign country re- described in subsection (b) must pass a train- ment of vessel monitoring systems, commu- lated to measurement of vessels are substan- ing program approved by the Secretary that nications devices, de-icing technology, and tially similar to those of this chapter and meets the requirements in paragraph (2) of severe weather detection. the regulations prescribed under this chap- this subsection and hold a valid certificate ‘‘(2) The Secretary shall award grants ter, the Secretary may accept the measure- issued under that program. under this subsection on a competitive basis. ment and certificate of a vessel of that for- ‘‘(2) The training program shall— ‘‘(3) The Federal share of the cost of any eign country as complying with this chapter ‘‘(A) be based on professional knowledge activity carried out with a grant under this and the regulations prescribed under this and skill obtained through sea service and subsection shall not exceed 75 percent.’’. chapter.’’. hands-on training, including training in sea- (b) CONFORMING AMENDMENT.—Section (j) CLERICAL AMENDMENT.—The analysis for manship, stability, collision prevention, 4506(b) of title 46, United States Code, is re- subchapter II of chapter 145 of such title is navigation, fire fighting and prevention, pealed. amended by adding at the end the following: damage control, personal survival, emer- (c) ADVISORY COMMITTEE.— ‘‘14514. Reciprocity for foreign vessels.’’. gency medical care, and weather; (1) CHANGE OF NAME.—Section 4508 of title SEC. 306. COLD WEATHER SURVIVAL TRAINING. ‘‘(B) require an individual to demonstrate 46, United States Code, is amended— (a) REPORT.—The Commandant of the ability to communicate in an emergency sit- (A) by striking the section heading and in- Coast Guard shall report to the Committee uation and understand information found in serting the following: navigation publications; on Transportation and Infrastructure of the ‘‘§ 4508. Commercial Fishing Safety Advisory ‘‘(C) recognize and give credit for recent House of Representatives and the Committee Committee’’; on Commerce, Science, and Transportation past experience in fishing vessel operation; and and of the Senate on the efficacy of cold weather (B) in subsection (a) by striking ‘‘Industry survival training conducted by the Coast ‘‘(D) provide for issuance of a certificate to an individual that has successfully com- Vessel’’. Guard in Coast Guard District 17 over the (2) CLERICAL AMENDMENT.—The table of preceding 5 years. The report shall include pleted the program. ‘‘(3) The Secretary shall prescribe regula- section at the beginning of chapter 45 of title plans for conducting such training in fiscal tions implementing this subsection. The reg- 46, United States Code, is amended by strik- years 2008 through 2011. ulations shall require that individuals who ing the item relating to such section and in- (b) AUTHORIZATION OF APPROPRIATIONS FOR are issued a certificate under paragraph serting the following: TRAINING.—There are authorized to be appro- (2)(D) must complete refresher training at ‘‘4508. Commercial Fishing Safety Advisory priated to the Secretary of Homeland Secu- least once every 5 years as a condition of Committee.’’. rity $150,000 to carry out cold weather sur- maintaining the validity of the certificate. vival training in Coast Guard District 17. (d) LOADLINES FOR VESSELS OVER 79 ‘‘(4) The Secretary shall establish a pub- SEC. 307. FISHING VESSEL SAFETY. FEET.—Section 5102(b)(3) of title 46, United licly accessible electronic database listing States Code, is amended by inserting after (a) SAFETY STANDARDS.—Section 4502 of the names of individuals who have partici- ‘‘vessel’’ the following ‘‘, unless the vessel is title 46, United States Code, is amended— pated in and received a certificate con- built or undergoes a major conversion com- (1) in subsection (a), by— firming successful completion of a training pleted after January 1, 2008’’. (A) striking paragraphs (6) and (7) and in- program approved by the Secretary under (e) CLASSING OF VESSELS.— serting the following: this section. (1) IN GENERAL.—Section 4503 of title 46, ‘‘(6) other equipment required to minimize ‘‘(h) A vessel to which this chapter applies United States Code, is amended— the risk of injury to the crew during vessel shall be constructed in a manner that pro- (A) by striking the section heading and in- operations, if the Secretary determines that vides a level of safety equivalent to the min- serting the following: a risk of serious injury exists that can be imum safety standards the Secretary may eliminated or mitigated by that equipment; established for recreational vessels under ‘‘§ 4503. Fishing, fish tender, and fish proc- and’’; and section 4302, if— essing vessel certification’’; (B) redesignating paragraph (8) as para- ‘‘(1) subsection (b) of this section applies to (B) in subsection (a) by striking ‘‘fish proc- graph (7); the vessel; essing’’; and (2) in subsection (b)— ‘‘(2) the vessel is less than 50 feet overall in (C) by adding at the end the following: (A) in paragraph (1) in the matter pre- length; and ‘‘(c) This section applies to a vessel to ceding subparagraph (A), by striking ‘‘docu- ‘‘(3) the vessel is built after January 1, which section 4502(b) of this title applies mented’’; 2008. that— (B) in paragraph (1)(A), by striking ‘‘the ‘‘(i)(1) The Secretary shall establish a Fish- ‘‘(1) is at least 50 feet overall in length; Boundary Line’’ and inserting ‘‘3 nautical ing Safety Training Grants Program to pro- ‘‘(2) is built after January 1, 2008; or

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.005 H24APPT1 smartinez on PROD1PC64 with HOUSE H2686 CONGRESSIONAL RECORD — HOUSE April 24, 2008 ‘‘(3) undergoes a major conversion com- SEC. 312. LOG BOOKS. (2) by redesignating subsections (b) and (c) pleted after that date. (a) IN GENERAL.—Chapter 113 of title 46, as subsections (c) and (d), respectively; ‘‘(d)(1) After January 1, 2018, a fishing ves- United States Code, is amended by adding at (3) by inserting after subsection (a) the fol- sel, fish processing vessel, or fish tender ves- the end the following: lowing: sel to which section 4502(b) of this title ap- ‘‘§ 11304. Additional logbook and entry re- ‘‘(b) OTHER PASSENGER VESSELS.—This plies shall comply with an alternate safety quirements chapter applies to a vessel that is— compliance program that is developed in co- ‘‘(a) A vessel of the United States that is ‘‘(1) a passenger vessel or small passenger operation with the commercial fishing indus- subject to inspection under section 3301 of vessel; and try and prescribed by the Secretary, if the this title, except a vessel on a voyage from a ‘‘(2) is transporting more passengers than a vessel— port in the United States to a port in Can- number prescribed by the Secretary based on ‘‘(A) is at least 50 feet overall in length; ada, shall have an official logbook, which the number of individuals on the vessel that ‘‘(B) is built before January 1, 2008; and shall be kept available for review by the Sec- could be killed or injured in a marine cas- ‘‘(C) is 25 years of age or older. ualty.’’; ‘‘(2) Alternative safety compliance pro- retary on request. ‘‘(b) The log book required by subsection (4) in subsection (d), as so redesignated, by grams may be developed for purposes of para- striking ‘‘subsection (b)’’ and inserting ‘‘sub- graph (1) for specific regions and fisheries. (a) shall include the following entries: section (c)’’; ‘‘(3) A fishing vessel, fish processing vessel, ‘‘(1) The time when each seaman and each or fish tender vessel to which section 4502(b) officer assumed or relieved the watch. (5) in subsection (d)(4), as so redesignated, of this title applies that was classed before ‘‘(2) The number of hours in service to the by inserting ‘‘that is not described in sub- January 1, 2008, shall— vessels of each seaman and each officer. section (b) of this section’’ after ‘‘waters’’. ‘‘(A) remain subject to the requirements of ‘‘(3) An account of each accident, illness, (b) SAFETY MANAGEMENT SYSTEM.—Section a classification society approved by the Sec- and injury that occurs during each watch.’’. 3203 of title 46, United States Code, is amend- retary; and (b) CLERICAL AMENDMENT.—The table of ed by adding at the end the following new ‘‘(B) have on board a certificate from that sections at the beginning of such chapter is subsection: society.’’. amended by adding at the end the following: ‘‘(c) In prescribing regulations for pas- (2) CLERICAL AMENDMENT.—The table of ‘‘11304. Additional logbook and entry require- senger vessels and small passenger vessels, section at the beginning of chapter 45 of title ments.’’. the Secretary shall consider— 46, United States Code, is amended by strik- SEC. 313. UNSAFE OPERATION. ‘‘(1) the characteristics, methods of oper- ing the item relating to such section and in- (a) IN GENERAL.—Chapter 21 of title 46, ation, and nature of the service of these ves- serting the following: United States Code, is amended by adding at sels; and ‘‘(2) with respect to vessels that are ferries, ‘‘4503. Fishing, fish tender, and fish proc- the end the following new section: the sizes of the ferry systems within which essing vessel certification.’’. ‘‘§ 2116. Termination for unsafe operation the vessels operate.’’. (f) ALTERNATIVE SAFETY COMPLIANCE PRO- ‘‘An individual authorized to enforce this SEC. 316. PROTECTION AGAINST DISCRIMINA- GRAM.—No later than January 1, 2015, the title— TION. Secretary of the department in which the ‘‘(1) may remove a certificate required by (a) IN GENERAL.—Section 2114 of title 46, Coast Guard is operating shall prescribe an this title from a vessel that is operating in a United States Code, is amended— alternative safety compliance program re- condition that does not comply with the pro- ferred to in section 4503(d) of the title 46, (1) in subsection (a)(1)(A), by striking ‘‘or’’ visions of the certificate; after the semicolon; United States Code, as amended by this sec- ‘‘(2) may order the individual in charge of tion. (2) in subsection (a)(1)(B), by striking the a vessel that is operating that does not have period at the end and inserting a semicolon; SEC. 308. MARINER RECORDS. on board the certificate required by this title (3) by adding at the end of subsection (a)(1) Section 7502 of title 46, United States Code, to return the vessel to a mooring and to re- is amended— the following new subparagraphs: main there until the vessel is in compliance ‘‘(C) the seaman testified in a proceeding (1) by inserting ‘‘(a)’’ before ‘‘The’’; with this title; and (2) by striking ‘‘computerized records’’ and brought to enforce a maritime safety law or ‘‘(3) may direct the individual in charge of regulation prescribed under that law; inserting ‘‘records, including electronic a vessel to which this title applies to imme- records,’’; and ‘‘(D) the seaman notified, or attempted to diately take reasonable steps necessary for notify, the vessel owner or the Secretary of (3) by adding at the end the following: the safety of individuals on board the vessel ‘‘(b) The Secretary may prescribe regula- a work-related personal injury or work-re- if the official observes the vessel being oper- lated illness of a seaman; tions requiring a vessel owner or managing ated in an unsafe condition that the official operator of a commercial vessel, or the em- ‘‘(E) the seaman cooperated with a safety believes creates an especially hazardous con- investigation by the Secretary or the Na- ployer of a seaman on that vessel, to main- dition, including ordering the individual in tain records of each individual engaged on tional Transportation Safety Board; charge to return the vessel to a mooring and ‘‘(F) the seaman furnished information to the vessel on matters of engagement, dis- to remain there until the situation creating charge, and service for not less than 5 years the Secretary, the National Transportation the hazard is corrected or ended.’’. after the date of the completion of the serv- Safety Board, or any other public official as (b) CLERICAL AMENDMENT.—The table of to the facts relating to any marine casualty ice of that individual on the vessel. The reg- sections at the beginning of that title is resulting in injury or death to an individual ulations may require that a vessel owner, amended by adding at the end the following: managing operator, or employer shall make or damage to property occurring in connec- these records available to the individual and ‘‘2116. Termination for unsafe operation.’’. tion with vessel transportation; or the Coast Guard on request. SEC. 314. APPROVAL OF SURVIVAL CRAFT. ‘‘(G) the seaman accurately reported hours ‘‘(c) A person violating this section, or a (a) IN GENERAL.—Chapter 31 of title 46, of duty under this part.’’; and regulation prescribed under this section, is United States Code, is amended by adding at (4) by amending subsection (b) to read as liable to the United States Government for a the end the following new section: follows: civil penalty of not more than $5,000.’’. ‘‘§ 3104. Survival craft ‘‘(b) A seaman alleging discharge or dis- SEC. 309. DELETION OF EXEMPTION OF LICENSE ‘‘(a) Except as provided in subsection (b), crimination in violation of subsection (a) of REQUIREMENT FOR OPERATORS OF the Secretary may not approve a survival this section, or another person at the sea- CERTAIN TOWING VESSELS. craft as a safety device for purposes of this man’s request, may file a complaint with re- Section 8905 of title 46, United States Code, part, unless the craft ensures that no part of spect to such allegation in the same manner is amended— an individual is immersed in water. as a complaint may be filed under subsection (1) by striking subsection (b); and ‘‘(b) The Secretary may authorize a sur- (b) of section 31105 of title 49. Such com- (2) by redesignating subsection (c) as sub- vival craft that does not provide protection plaint shall be subject to the procedures, re- section (b). described in subsection (a) to remain in serv- quirements, and rights described in that sec- SEC. 310. ADJUSTMENT OF LIABILITY LIMITS FOR ice until not later than January 1, 2013, if— tion, including with respect to the right to NATURAL GAS DEEPWATER PORTS. ‘‘(1) it was approved by the Secretary be- file an objection, the right of a person to file Section 1004(d)(2) of the Oil Pollution Act fore January 1, 2008; and for a petition for review under subsection (c) of 1990 (33 U.S.C. 2704(d)(2)) is amended by ‘‘(2) it is in serviceable condition.’’. of that section, and the requirement to bring adding at the end the following: (b) CLERICAL AMENDMENT.—The table of a civil action under subsection (d) of that ‘‘(D) The Secretary may establish, by regu- sections at the beginning of that title is section.’’. lation, a limit of liability of not less than amended by adding at the end the following: (b) EXISTING ACTIONS.—This section shall $12,000,000 for a deepwater port used only in not affect the application of section 2114(b) connection with transportation of natural ‘‘3104. Survival craft.’’. of title 46, United States Code, as in effect gas.’’. SEC. 315. SAFETY MANAGEMENT. (a) VESSELS TO WHICH REQUIREMENTS before the date of enactment of this Act, to SEC. 311. PERIOD OF LIMITATIONS FOR CLAIMS an action filed under that section before that AGAINST OIL SPILL LIABILITY APPLY.—Section 3202 of title 46, United TRUST FUND. States Code, is amended— date. Section 1012(h)(1) of the Oil Pollution Act (1) in subsection (a) by striking the head- SEC. 317. DRY BULK CARGO RESIDUE. of 1990 (33 U.S.C. 2712(h)(1)) is amended by ing and inserting ‘‘FOREIGN VOYAGES AND Section 623(a)(2) of the Coast Guard and striking ‘‘6’’ and inserting ‘‘3’’. FOREIGN VESSELS.—’’; Maritime Transportation Act of 2004 (33

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.005 H24APPT1 smartinez on PROD1PC64 with HOUSE April 24, 2008 CONGRESSIONAL RECORD — HOUSE H2687 U.S.C. 1901 note) is amended by striking uous possession by the holder of a first-class 322(b), is further amended by adding at the ‘‘2008’’ and inserting ‘‘2011’’. or second-class radiotelegraph operator li- end the following: SEC. 318. OIL FUEL TANK PROTECTION. cense issued by the Federal Communications ‘‘7508. Authority to extend the duration of li- Section 3306 of title 46, United States Code, Commission. censes, certificates of registry, is amended by adding at the end the fol- ‘‘(b) ADVANCE RENEWALS.—A renewed li- and merchant mariner docu- lowing new subsection: cense issued under this part may be issued ments.’’. ‘‘(k)(1) Each vessel of the United States up to 8 months in advance but is not effec- SEC. 324. MERCHANT MARINER DOCUMENTA- that is constructed under a contract entered tive until the date that the previously issued TION. into after the date of enactment of the Coast license expires.’’. (a) INTERIM CLEARANCE PROCESS.—Not Guard Authorization Act of 2008, or that is (c) CERTIFICATES OF REGISTRY.—Section later than 180 days after the date of enact- delivered after August 1, 2010, with an aggre- 7107 of such title is amended to read as fol- ment of this Act, the Secretary of the de- gate capacity of 600 cubic meters or more of lows: partment in which the Coast Guard is oper- oil fuel, shall comply with the requirements ‘‘§ 7107. Duration of certificates of registry ating shall develop an interim clearance of Regulation 12A under Annex I to the Pro- ‘‘(a) IN GENERAL.—A certificate of registry process for issuance of a merchant mariner tocol of 1978 relating to the International issued under this part is valid for a 5-year pe- document to enable a newly hired seaman to Convention for the Prevention of Pollution riod and may be renewed for additional 5- begin working on an offshore supply vessel from Ships, 1973, entitled ‘Oil Fuel Tank Pro- year periods; except that the validity of a or towing vessel if the Secretary makes an tection.’ certificate issued to a medical doctor or pro- initial determination that the seaman does ‘‘(2) The Secretary may prescribe regula- fessional nurse is conditioned on the contin- not pose a safety and security risk. tions to apply the requirements described in uous possession by the holder of a license as (b) CONTENTS OF PROCESS.—The process Regulation 12A to vessels described in para- a medical doctor or registered nurse, respec- under subsection (a) shall include a check graph (1) that are not otherwise subject to tively, issued by a State. against the consolidated and integrated ter- that convention. Any such regulation shall ‘‘(b) ADVANCE RENEWALS.—A renewed cer- rorist watch list maintained by the Federal be considered to be an interpretive rule for tificate of registry issued under this part Government, review of the seaman’s crimi- the purposes of section 553 of title 5. may be issued up to 8 months in advance but nal record, and review of the results of test- ‘‘(3) In this subsection the term ‘oil fuel’ is not effective until the date that the pre- ing the seaman for use of a dangerous drug (as defined in section 2101 of title 46, United means any oil used as fuel in connection viously issued certificate of registry ex- States Code) in violation of law or Federal with the propulsion and auxiliary machinery pires.’’. regulation. of the vessel in which such oil is carried.’’. SEC. 322. FINGERPRINTING. (a) MERCHANT MARINER LICENSES AND DOC- SEC. 325. MERCHANT MARINER ASSISTANCE RE- SEC. 319. REGISTRY ENDORSEMENT FOR LNG PORT. UMENTS.—Chapter 75 of title 46, United VESSELS. Not later than 180 days after the date of States Code, is amended by adding at the end Section 12111 of title 46, United States enactment of this Act, the Commandant of the following: Code, is amended by adding at the end the the Coast Guard shall submit to the Com- following: ‘‘§ 7507. Fingerprinting mittee on Transportation and Infrastructure ‘‘(d)(1) A vessel for which a registry en- ‘‘The Secretary of the Department in of the House of Representatives and the dorsement is not issued may not engage in which the Coast Guard is operating may not Committee on Commerce, Science, and regasifying on navigable waters unless the require an individual to be fingerprinted for Transportation of the Senate a report re- vessel transported the gas from a foreign the issuance or renewal of a license, a certifi- garding a plan— port. cate of registry, or a merchant mariner’s (1) to expand the streamlined evaluation ‘‘(2) Nothing in paragraph (1) or any other document under chapter 71 or 73 if the indi- process program that was affiliated with the provision of this title may be construed as— vidual was fingerprinted when the individual Houston Regional Examination Center of the ‘‘(A) applying to such paragraph a defini- applied for a transportation security card Coast Guard to all processing centers of the tion of the term ‘vessel’ that includes any under section 70105.’’. Coast Guard nationwide; structure on, in, or under the navigable wa- (b) CLERICAL AMENDMENT.—The analysis (2) to include proposals to simplify the ap- ters of the United States that the Coast for such chapter is amended by adding at the plication process for a license as an officer, Guard regulates as a waterfront facility han- end the following: staff officer, or operator and for a merchant dling liquified natural gas under part 127 of ‘‘7507. Fingerprinting.’’. mariner’s document to help eliminate errors title 33, Code of Federal Regulations; or SEC. 323. AUTHORIZATION TO EXTEND THE DU- by merchant mariners when completing the ‘‘(B) having any effect on the jurisdiction RATION OF LICENSES, CERTIFI- application form (CG–719B), including in- of the Federal Energy Regulatory Commis- CATES OF REGISTRY, AND MER- structions attached to the application form sion under section 3(e)(1) of the Natural Gas CHANT MARINERS’ DOCUMENTS. and a modified application form for renewals Act. (a) MERCHANT MARINER LICENSES AND DOC- with questions pertaining only to the period ‘‘(3) Paragraph (2)(A) does not affect the UMENTS.—Chapter 75 of title 46, United of time since the previous application; authority of the Coast Guard to modify the States Code, as amended by section 322(a) of (3) to provide notice to an applicant of the provisions of part 127 of title 33, Code of Fed- this Act, is further amended by adding at the status of the pending application, including eral Regulations.’’. end the following: a process to allow the applicant to check on SEC. 320. OATHS. ‘‘§ 7508. Authority to extend the duration of li- the status of the application by electronic Sections 7105 and 7305 of title 46, United censes, certificates of registry, and mer- means; and States Code, and the items relating to such chant mariner documents (4) to ensure that all information collected sections in the analysis for chapters 71 and ‘‘(a) LICENSES AND CERTIFICATES OF REG- with respect to applications for new or re- 73 of such title, are repealed. ISTRY.—Notwithstanding section 7106 and newed licenses, merchant mariner docu- SEC. 321. DURATION OF CREDENTIALS. 7107, the Secretary of the department in ments, and certificates of registry is re- (a) MERCHANT MARINER’S DOCUMENTS.— which the Coast Guard is operating may ex- tained in a secure electronic format. Section 7302(f) of title 46, United States tend for one year an expiring license or cer- SEC. 326. MERCHANT MARINER SHORTAGE RE- Code, is amended to read as follows: tificate of registry issued for an individual PORT. ‘‘(f) PERIODS OF VALIDITY AND RENEWAL OF under chapter 71 if the Secretary determines Not later than 180 days after the date of MERCHANT MARINERS’ DOCUMENTS.— that extension is required to enable the enactment of this Act, the Secretary of ‘‘(1) IN GENERAL.—Except as provided in Coast Guard to eliminate a backlog in proc- Transportation, acting through the Adminis- subsection (g), a merchant mariner’s docu- essing applications for those licenses or cer- trator of the Maritime Administration, shall ment issued under this chapter is valid for a tificates of registry. submit to the Committee on Transportation 5-year period and may be renewed for addi- ‘‘(b) MERCHANT MARINER DOCUMENTS.—Not- and Infrastructure of the House of Rep- tional 5-year periods. withstanding section 7302(g), the Secretary resentatives and the Committee on Com- ‘‘(2) ADVANCE RENEWALS.—A renewed mer- may extend for one year an expiring mer- merce, Science, and Transportation of the chant mariner’s document may be issued chant mariner’s document issued for an indi- Senate a report concerning methods to ad- under this chapter up to 8 months in advance vidual under chapter 71 if the Secretary de- dress the current and future shortage in the but is not effective until the date that the termines that extension is required to enable number of merchant mariners, particularly previously issued merchant mariner’s docu- the Coast Guard to eliminate a backlog in entry-level mariners, including an evalua- ment expires.’’. processing applications for those documents. tion of whether an educational loan program providing loans for the cost of on-the-job (b) DURATION OF LICENSES.—Section 7106 of ‘‘(c) MANNER OF EXTENSION.—Any exten- such title is amended to read as follows: sions granted under this section may be training would provide an incentive for granted to individual seamen or a specifi- workers and help alleviate the shortage. ‘‘§ 7106. Duration of licenses cally identified group of seamen. SEC. 327. MERCHANT MARINER DOCUMENT ‘‘(a) IN GENERAL.—A license issued under ‘‘(d) EXPIRATION OF AUTHORITY.—The au- STANDARDS. this part is valid for a 5-year period and may thority for providing an extension under this Not later than 270 days after the date of be renewed for additional 5-year periods; ex- section shall expire on June 30, 2009.’’. enactment of this Act, the Secretary of the cept that the validity of a license issued to (b) CLERICAL AMENDMENT.—The analysis department in which the Coast Guard is op- a radio officer is conditioned on the contin- for such chapter, as amended by section erating shall submit to the Committee on

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.005 H24APPT1 smartinez on PROD1PC64 with HOUSE H2688 CONGRESSIONAL RECORD — HOUSE April 24, 2008 Transportation and Infrastructure of the scribed by the Secretary under section 14104 the States that currently have mandatory House of Representatives and the Committee of this title.’’. education and training programs; on Commerce, Science, and Transportation (c) WATCHES.—Section 8104 of title 46, (5) a section outlining the minimum stand- of the Senate— United States Code, is amended— ards for education of recreational vessel op- (1) a plan to ensure that the process for an (1) in subsection (g), by inserting after erators; application, by an individual who has, or has ‘‘offshore supply vessel’’ the following: ‘‘of (6) a section analyzing how a Federal train- applied for, a transportation security card less than 500 gross tons as measured under ing and testing program can be harmonized under section 70105 of title 46, United States section 14502 of this title, or an alternate with State training and testing programs; Code, for a merchant mariner document can tonnage measured under section 14302 of this (7) analysis of course content and delivery be completed entirely by mail; and title as prescribed by the Secretary under methodology for relevancy to risks for rec- (2) a report on the feasibility of, and a section 14104 of this title,’’; reational boaters; timeline to, redesign the merchant mariner (2) in subsection (d), by inserting ‘‘(1)’’ (8) a description of the current phase-in pe- document to comply with the requirements after ‘‘(d)’’, and by adding at the end the fol- riods for mandatory boater education in of such section, including a biometric identi- lowing: State mandatory education programs and fier, and all relevant international conven- ‘‘(2) Paragraph (1) does not apply to an off- recommendation for the phase-in period for a tions, including the International Labour Or- shore supply vessel of more than 6,000 gross mandatory boater education program includ- ganization Convention Number 185 con- tons as measured under section 14302 of this ing an evaluation as to whether the phase-in cerning the seafarers identity document, and title if the individuals engaged on the vessel period affects course availability and cost; include a review on whether or not such re- are in compliance with hours of service re- (9) a description of the extent States allow design will eliminate the need for separate quirements (including recording and record- for experienced boaters to by-pass manda- credentials and background screening and keeping of that service) prescribed by the tory education courses and go directly to streamline the application process for mari- Secretary.’’; and testing; ners. (3) in subsection (e), by striking ‘‘sub- (10) recommendations for a by-pass option SEC. 328. REPORT ON COAST GUARD DETERMINA- section (d)’’ and inserting ‘‘subsection for experienced boaters; TIONS. (d)(1)’’. (11) a section analyzing how the Coast Not later than 180 days after enactment of (d) MINIMUM NUMBER OF LICENSED INDIVID- Guard would administer a Federal boating this Act, the Secretary of Homeland Secu- UALS.—Section 8301(b) of title 46, United education, training, and testing program; rity shall provide to the Committee on States Code, is amended to read as follows: and Transportation and Infrastructure of the ‘‘(b)(1) An offshore supply vessel shall have (12) the extent to which a Federal boating House of Representatives and the Committee at least one mate. Additional mates on an education, training, and testing program on Commerce, Science, and Transportation offshore supply vessel of more than 6,000 should be required for all waters of a State, of the Senate a report on the loss of United gross tons as measured under section 14302 of including internal waters. this title shall be prescribe in accordance States shipyard jobs and industrial base ex- SEC. 332. SHIP EMISSION REDUCTION TECH- pertise as a result of rebuild, conversion, and with hours of service requirements (includ- ing recording and record-keeping of that NOLOGY DEMONSTRATION double-hull work on United States-flag ves- PROJECT. sels eligible to engage in the coastwise trade service) prescribed by the Secretary. ‘‘(2) An offshore supply vessel of more than (a) STUDY.—The Commandant of the Coast being performed in foreign shipyards, en- 200 gross tons as measured under section Guard shall conduct a study— forcement of the Coast Guard’s foreign re- 14502 of this title, or an alternate tonnage (1) on the methods and best practices of build determination regulations, and rec- measured under section 14302 of this title as the use of exhaust emissions reduction tech- ommendations for improving the trans- prescribed by the Secretary under section nology on cargo or passenger ships that oper- parency in the Coast Guard’s foreign rebuild 14104 of this title, may not be operated with- ate in United States waters and ports; and determination process. out a licensed engineer.’’. (2) that identifies the Federal, State, and SEC. 329. PILOT REQUIRED. SEC. 331. RECREATIONAL VESSEL OPERATOR local laws, regulations, and other require- Section 8502(g) of title 46, United States EDUCATION AND TRAINING. ments that affect the ability of any entity to Code, is amended— (a) IN GENERAL.—Not later than 180 days effectively demonstrate onboard technology (1) in paragraph (1), by inserting ‘‘and Buz- after the date of enactment of this Act, the for the reduction of contaminated emissions zards Bay, Massachusetts’’ before ‘‘, if any,’’; Secretary of the department in which the from ships. and Coast Guard is operating shall study and re- (b) REPORT.—Within 180 days after the date (2) by adding at the end the following: port to the Committee on Transportation of enactment of this Act, the Commandant ‘‘(3) In any area of Buzzards Bay, Massa- and Infrastructure of the House of Rep- shall submit a report on the results of the chusetts, where a single-hull tanker or tank resentatives and the Committees on Com- study conducted under subsection (a) to the vessel carrying 5,000 or more barrels of oil or merce, Science, and Transportation of the Committee on Transportation and Infra- other hazardous material is required to be Senate regarding recreational vessel oper- structure of the House of Representatives under the direction and control of a pilot, ator training. The study and report shall in- and the Committee on Commerce, Science, the pilot may not be a member of the crew cluded a review of— and Transportation of the Senate. of that vessel, and shall be a pilot licensed— (1) Coast Guard Auxiliary and Power ‘‘(A) by the State of Massachusetts who is Squadron training programs; TITLE IV—MISCELLANEOUS PROVISIONS operating under a Federal first class pilot’s (2) existing State boating education pro- SEC. 401. CERTIFICATE OF DOCUMENTATION FOR license; or grams, including programs by the National GALLANT LADY. ‘‘(B) under section 7101 of this title who has Association of State Boating Law Adminis- Section 1120(c) of the Coast Guard Author- made at least 20 round trips on a vessel as a trators (in this section referred to as ization Act of 1996 (110 Stat. 3977) is amend- quartermaster, wheelsman, able seaman, or ‘‘NASBLA’’); and ed— apprentice pilot, or in an equivalent capac- (3) other hands-on training programs avail- (1) in paragraph (1)— ity, including— able to recreational vessel operators. (A) by striking ‘‘of Transportation’’ and in- ‘‘(i) at least 1 round trip through Buzzards (b) INCLUDED SUBJECTS.—The study shall serting ‘‘of the department in which the Bay in the preceding 12-month period; and specifically examine— Coast Guard is operating’’; and ‘‘(ii) if the vessel will be navigating in peri- (1) course materials; (B) by striking subparagraph (A) and in- ods of darkness in an area of Buzzards Bay (2) course content; serting the following: where a vessel is required by regulation to (3) training methodology; ‘‘(A) the vessel GALLANT LADY (Feadship have a pilot, at least 5 round trips through (4) assessment methodology; and hull number 672, approximately 168 feet in Buzzards Bay during periods of darkness.’’. (5) relevancy of course content to risks for length).’’; SEC. 330. OFFSHORE SUPPLY VESSELS. recreational boaters. (2) by striking paragraphs (3) and (4) and (a) DEFINITION.—Section 2101(19) of title 46, (c) CONTENTS OF REPORT.—The report redesignating paragraph (5) as paragraph (3); United States Code, is amended by striking under this section shall include— and ‘‘of more than 15 gross tons but less than 500 (1) a section regarding steps the Coast (3) in paragraph (3) (as so redesignated) by gross tons as measured under section 14502 of Guard and NASBLA have taken to encourage striking all after ‘‘shall expire’’ and insert- this title, or an alternate tonnage measured States to adopt mandatory recreational ves- ing ‘‘on the date of the sale of the vessel by under section 14302 of this title as prescribed sel operator training; the owner.’’. by the Secretary under section 14104 of this (2) an evaluation of the ability of the title’’. States to harmonize their education pro- SEC. 402. WAIVER. (b) EXEMPTION.—Section 5209(b)(1) of the grams and testing procedures; Notwithstanding section 12112 and chapter Oceans Act of 1992 (Public Law 102–587; 46 (3) an analysis of the extent States have 551 of title 46, United States Code, the Sec- U.S.C. 2101 note) is amended by inserting be- provided reciprocity among the States for retary of the department in which the Coast fore the period at the end the following: ‘‘of their respective mandatory and voluntary Guard is operating may issue a certificate of less than 500 gross tons as measured under education requirements and programs; documentation with a coastwise endorse- section 14502, or an alternate tonnage meas- (4) a section examining the level of uni- ment for the OCEAN VERITAS (IMO Number ured under section 14302 of this title as pre- formity of education and training between 7366805).

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.005 H24APPT1 smartinez on PROD1PC64 with HOUSE April 24, 2008 CONGRESSIONAL RECORD — HOUSE H2689

SEC. 403. GREAT LAKES MARITIME RESEARCH IN- (3) TERMINATION OF LEASE.—If the Sec- ‘‘(B) the receipt, by a seaman who is a STITUTE. retary determines that the property leased claimant in the suit, of a payment of wages Section 605 of the Coast Guard and Mari- under paragraph (1) is necessary for purposes that are the subject of the suit that is made time Transportation Act of 2004 (118 Stat. of the Coast Guard, the Secretary— in the ordinary course of employment.’’. 1052) is amended— (A) may terminate the lease without pay- (2) DEPOSITS.—Section 10504 of such title is (1) in subsection (b)(1)— ment of compensation; and amended by adding at the end the following: (A) by striking ‘‘The Secretary of Trans- (B) shall provide the town of Nantucket ‘‘(f) DEPOSITS IN SEAMAN ACCOUNT.—On portation shall conduct a study that’’ and in- not less than 12 months notice of the re- written request signed by the seaman, a sea- serting ‘‘The Institute shall conduct mari- quirement to vacate the site and move the man employed on a passenger vessel capable time transportation studies of the Great buildings conveyed under subsection (a) to of carrying more than 500 passengers may Lakes region, including studies that’’; another location. authorize, the master, owner, or operator of (B) in subparagraphs (A), (B), (C), (E), (F), SEC. 405. CREW WAGES ON PASSENGER VESSELS. the vessel, or the employer of the seaman, to (H), (I), and (J) by striking ‘‘evaluates’’ and (a) FOREIGN AND INTERCOASTAL VOYAGES.— make deposits of wages of the seaman into a checking, savings, investment, or retirement inserting ‘‘evaluate’’; (1) CAP ON PENALTY WAGES.—Section (C) in subparagraphs (D) and (G) by strik- 10313(g) of title 46, United States Code, is account, or other account to secure a payroll ing ‘‘analyzes’’ and inserting ‘‘analyze’’; amended— or debit card for the seaman if— ‘‘(1) the wages designated by the seaman (D) by striking ‘‘and’’ at the end of sub- (A) by striking ‘‘When’’ and inserting ‘‘(1) for such deposit are deposited in a United paragraph (I); Subject to paragraph (2), when’’; and States or international financial institution (E) by striking the period at the end of (B) by adding at the end the following: subparagraph (J) and inserting a semicolon; ‘‘(2) The total amount required to be paid designated by the seaman; (F) by adding at the end the following: under paragraph (1) with respect to all ‘‘(2) such deposits in the financial institu- ‘‘(K) identify ways to improve the integra- claims in a class action suit by seamen on a tion are fully guaranteed under commonly tion of the Great Lakes marine transpor- passenger vessel capable of carrying more accepted international standards by the gov- tation system into the national transpor- than 500 passengers for wages under this sec- ernment of the country in which the finan- tation system; tion against a vessel master, owner, or oper- cial institution is licensed; ‘‘(L) examine the potential of expanded op- ator or the employer of the seamen shall not ‘‘(3) a written wage statement or pay stub, including an accounting of any direct de- erations on the Great Lakes marine trans- exceed ten times the unpaid wages that are posit, is delivered to the seaman no less portation system; the subject of the claims. often than monthly; and ‘‘(M) identify ways to include intelligent ‘‘(3) A class action suit for wages under ‘‘(4) while on board the vessel on which the transportation applications into the Great this subsection must be commenced within seaman is employed, the seaman is able to Lakes marine transportation system; three years after the later of— arrange for withdrawal of all funds on de- ‘‘(N) analyze the effects and impacts of ‘‘(A) the date of the end of the last voyage posit in the account in which the wages are aging infrastructure and port corrosion on for which the wages are claimed; or deposited.’’. the Great Lakes marine transportation sys- ‘‘(B) the receipt, by a seaman who is a tem; claimant in the suit, of a payment of wages SEC. 406. TECHNICAL CORRECTIONS. (a) COAST GUARD AND MARITIME TRANSPOR- ‘‘(O) establish and maintain a model Great that are the sub is made in the ordinary TATION ACT OF 2006.—Effective with enact- Lakes marine transportation system data- course of employment.’’. ment of the Coast Guard and Maritime base; and (2) DEPOSITS.—Section 10315 of such title is Transportation Act of 2006 (Public Law 109– ‘‘(P) identify market opportunities for, and amended by adding at the end the following: 241), such Act is amended— impediments to, the use of United States- ‘‘(f) DEPOSITS IN SEAMAN ACCOUNT.—By (1) in section 311(b) (120 Stat. 530) by insert- flag vessels in trade with Canada on the written request signed by the seaman, a sea- ing ‘‘paragraphs (1) and (2) of’’ before ‘‘sec- Great Lakes.’’; and man employed on a passenger vessel capable tion 8104(o)’’; (2) by striking subsection (b)(4) and insert- of carrying more than 500 passengers may (2) in section 603(a)(2) (120 Stat. 554) by ing the following: authorize the master, owner, or operator of striking ‘‘33 U.S.C. 2794(a)(2)’’ and inserting ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— the vessel, or the employer of the seaman, to ‘‘33 U.S.C. 2704(a)(2)’’; There are authorized to be appropriated to make deposits of wages of the seaman into a (3) in section 901(r)(2) (120 Stat. 566) by carry out paragraph (1)— checking, savings, investment, or retirement striking ‘‘the’’ the second place it appears; ‘‘(A) $2,200,000 for fiscal year 2008; account, or other account to secure a payroll (4) in section 902(c) (120 Stat. 566) by insert- ‘‘(B) $2,300,000 for fiscal year 2009; or debit card for the seaman if— ing ‘‘of the United States’’ after ‘‘Revised ‘‘(C) $2,400,000 for fiscal year 2010; and ‘‘(1) the wages designated by the seaman Statutes’’; ‘‘(D) $2,500,000 for fiscal year 2011.’’. for such deposit are deposited in a United States or international financial institution (5) in section 902(e) (120 Stat. 567) is amend- SEC. 404. CONVEYANCE. designated by the seaman; ed— (a) STATION BRANT POINT BOAT HOUSE.— ‘‘(2) such deposits in the financial institu- (A) by inserting ‘‘and’’ after the semicolon (1) REQUIREMENT.—The Secretary of the de- tion are fully guaranteed under commonly at the end of paragraph (1); partment in which the Coast Guard is oper- accepted international standards by the gov- (B) by striking ‘‘and’’ at the end of para- ating shall convey to the town of Nantucket, ernment of the country in which the finan- graph (2)(A); and Massachusetts, all right, title, and interest cial institution is licensed; (C) by redesignating paragraphs (3) and (4) of the United States in and to the buildings ‘‘(3) a written wage statement or pay stub, as subparagraphs (C) and (D) of paragraph known as the Station Brant Point Boat including an accounting of any direct de- (2), respectively, and aligning the left mar- House located at Coast Guard Station Brant posit, is delivered to the seaman no less gin of such subparagraphs with the left mar- Point, Nantucket, Massachusetts, for use for often than monthly; and gin of subparagraph (A) of paragraph (2); a public purpose. ‘‘(4) while on board the vessel on which the (6) in section 902(e)(2)(C) (as so redesig- (2) TERMS OF CONVEYANCE.—A conveyance seaman is employed, the seaman is able to nated) by striking ‘‘this section’’ and insert- of the building under paragraph (1) shall be arrange for withdrawal of all funds on de- ing ‘‘this paragraph’’; made— posit in the account in which the wages are (7) in section 902(e)(2)(D) (as so redesig- (A) without the payment of consideration; deposited.’’. nated) by striking ‘‘this section’’ and insert- and (b) COASTWISE VOYAGES.— ing ‘‘this paragraph’’; (B) subject to appropriate terms and condi- (1) CAP ON PENALTY WAGES.—Section (8) in section 902(h)(1) (120 Stat. 567)— tions the Secretary considers necessary. 10504(c) of such title is amended— (A) by striking ‘‘Bisti/De-Na-Zin’’ and all (3) REVERSIONARY INTEREST.—All right, (A) by striking ‘‘When’’ and inserting ‘‘(1) that follows through ‘‘Protection’’ and in- title, and interest in property conveyed Subject to subsection (d), and except as pro- serting ‘‘Omnibus Parks and Public Lands under this subsection shall revert to the vided in paragraph (2), when’’; and Management’’; and United States if any portion of the property (B) by inserting at the end the following: (B) by inserting a period after ‘‘Com- is used other than for a public purpose. ‘‘(2) The total amount required to be paid mandant of the Coast Guard’’; (b) LEASE.— under paragraph (1) with respect to all (9) in section 902(k) (120 Stat. 568) is (1) REQUIREMENT.—The Secretary of the de- claims in a class action suit by seamen on a amended— partment in which the Coast Guard is oper- passenger vessel capable of carrying more (A) by inserting ‘‘the Act of March 23, 1906, ating shall enter into a lease with the town than 500 passengers for wages under this sec- commonly known as’’ before ‘‘the General of Nantucket that authorizes the town of tion against a vessel master, owner, or oper- Bridge’’; Nantucket to occupy the land on which the ator or the employer of the seamen shall not (B) by striking ‘‘491)’’ and inserting ‘‘494),’’; buildings conveyed under subsection (a) are exceed ten times the unpaid wages that are and located, subject to appropriate terms and the subject of the claims. (C) by inserting ‘‘each place it appears’’ be- conditions the Secretary considers nec- ‘‘(3) A class action suit for wages under fore ‘‘and inserting’’; and essary. this subsection must be commenced within (10) in section 902(o) (120 Stat. 569) by strik- (2) LEASE TERM.—A lease under this sub- three years after the later of— ing the period after ‘‘Homeland Security’’. section shall not expire before January 31, ‘‘(A) the date of the end of the last voyage (b) TITLE 14.—(1) The analysis for chapter 7 2033. for which the wages are claimed; or of title 14, United States Code, is amended by

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.005 H24APPT1 smartinez on PROD1PC64 with HOUSE H2690 CONGRESSIONAL RECORD — HOUSE April 24, 2008

adding a period at the end of the item relat- (c) OTHER EXCESS EQUIPMENT.—The Com- title, and interest of the United States in an ing to section 149. mandant may convey to the recipient of a HU–25 Falcon Jet aircraft under the adminis- (2) The analysis for chapter 17 of title 14, conveyance under subsection (a) any excess trative jurisdiction of the Coast Guard that United States Code, is amended by adding a equipment or parts from other decommis- the Commandant determines— period at the end of the item relating to sec- sioned Coast Guard vessels for use to en- (1) is appropriate for use by the University; tion 677. hance the operability and function of the and (3) The analysis for chapter 9 of title 14, vessel conveyed under subsection (a) for pur- (2) is excess to the needs of the Coast United States Code, is amended by adding a poses of a museum and historical display. Guard. period at the end of the item relating to sec- SEC. 408. REPEAL OF REQUIREMENT OF LICENSE (b) CONDITIONS.— tion 198. FOR EMPLOYMENT IN THE BUSI- (1) IN GENERAL.—As a condition of con- (c) TITLE 46.—(1) The analysis for chapter NESS OF SALVAGING ON THE COAST veying an aircraft to the University under 81 of title 46, United States Code, is amended OF FLORIDA. subsection (a), the Commandant shall enter by adding a period at the end of the item re- Chapter 801 of title 46, United States Code, lating to section 8106. into an agreement with the University under is amended— which the University agrees— (2) Section 70105(c)(3)(C) of such title is (1) by striking section 80102; and amended by striking ‘‘National Intelligence (A) to utilize the aircraft for educational (2) in the table of sections at the beginning purposes or other public purposes as jointly Director’’ and inserting ‘‘Director of Na- of the chapter by striking the item relating tional Intelligence’’. agreed upon by the Commandant and the to that section. (d) DEEPWATER PORT ACT OF 1974.—Section University before conveyance; and 5(c)(2) of the Deepwater Port Act of 1974 (33 SEC. 409. RIGHT-OF-FIRST-REFUSAL FOR COAST (B) to hold the United States harmless for U.S.C. 1504(c)(2)) is amended by aligning the GUARD PROPERTY ON JUPITER IS- any claim arising with respect to the air- LAND, FLORIDA. left margin of subparagraph (K) with the left craft after conveyance of the aircraft. (a) RIGHT-OF-FIRST-REFUSAL.—Notwith- margin of subparagraph (L). (2) REVERSIONARY INTEREST.—If the Com- standing any other law (other than this sec- (e) OIL POLLUTION ACT OF 1990.—(1) Section mandant determines that the recipient vio- tion), the Town of Jupiter Island, Florida, 1004(a)(2) of the Oil Pollution Act of 1990 (33 lated subparagraph (A) or (B) of paragraph shall have the right-of-first-refusal for an ex- U.S.C. 2704(a)(2)) is amended by striking the (1), then— change of real property within the jurisdic- first comma following ‘‘$800,000’’. (A) all right, title, and interest in the air- tion of the Town comprising Parcel #35–38– (2) The table of sections in section 2 of craft shall revert to the United States; 42–004–000–02590–6 (Bon Air Beach lots 259 and such Act is amended by inserting a period at (B) the United States shall have the right 260 located at 83 North Beach Road) and Par- the end of the item relating to section 7002. to immediate possession of the aircraft; and cel #35–38–42–004–000–02610–2 (Bon Air Beach (f) COAST GUARD AUTHORIZATION ACT OF (C) the recipient shall pay the United lots 261 to 267), including any improvements 1996.—The table of sections in section 2 of States for its costs incurred in recovering thereon, for other real property of equal or the Coast Guard Authorization Act of 1996 is the aircraft for such violation. amended in the item relating to section 103 greater value. (c) LIMITATION ON FUTURE TRANSFERS.— by striking ‘‘reports’’ and inserting ‘‘re- (b) IDENTIFICATION OF PROPERTY.—The (1) IN GENERAL.—The Commandant shall in- port’’. Commandant of the Coast Guard may iden- clude in the instruments for the conveyance tify, describe, and determine the property re- SEC. 407. CONVEYANCE OF DECOMMISSIONED a requirement that any further conveyance COAST GUARD CUTTER STORIS. ferred to in subsection (a) that is subject to of an interest in the aircraft may not be (a) IN GENERAL.—Upon the scheduled de- the right of the Town under that subsection. made without the approval in advance of the commissioning of the Coast Guard Cutter (c) LIMITATION.—The property referred to STORIS, the Commandant of the Coast in subsection (a) may not be conveyed under Commandant. Guard shall convey, without consideration, that subsection until the Commandant of the (2) REVERSIONARY INTEREST.—If the Com- all right, title, and interest of the United Coast Guard determines that the property is mandant determines that an interest in the States in and to that vessel to the USCG not needed to carry out Coast Guard mis- aircraft was conveyed without such ap- Cutter STORIS Museum and Maritime Edu- sions or functions. proval, then— cation Center, LLC, located in the State of (d) REQUIRED USE.— (A) all right, title, and interest in the air- Alaska if the recipient— (1) IN GENERAL.—Except as provided in craft shall revert to the United States; (1) agrees— paragraph (2), any property conveyed under (B) the United States shall have the right (A) to use the vessel for purposes of a mu- this section shall be used by the Town of Ju- to immediate possession of the aircraft; and seum and historical display; piter Island, Florida, solely for conservation (C) the recipient shall pay the United (B) not to use the vessel for commercial of fish and wildlife habitat and other natural States for its costs incurred in recovering transportation purposes; resources, including wetlands, beaches, and the aircraft for such a violation. (C) to make the vessel available to the dunes, and as protection against damage (d) DELIVERY OF AIRCRAFT.—The Com- United States Government if needed for use from wind, tidal, and wave energy. mandant shall deliver the aircraft conveyed by the Commandant in time of war or a na- (2) PUBLIC ACCESS.—The Town of Jupiter under subsection (a)— tional emergency; and Island shall allow the public to have reason- (1) at the place where the aircraft is lo- (D) to hold the Government harmless for able public access to the property conveyed cated on the date of the conveyance; any claims arising from exposure to haz- under this section, for customary recreation (2) in its condition on the date of convey- ardous materials, including asbestos and pol- use of the beach under a management pro- ance; and ychlorinated biphenyls, after conveyance of gram established by agreement between the (3) without cost to the United States. the vessel, except for claims arising from the Town of Jupiter Island, Florida, and Martin (e) ADDITIONAL TERMS AND CONDITIONS.— use by the Government under subparagraph County, Florida. The Commandant may require such addi- (C); (e) REVERSION.—Any conveyance of prop- tional terms and conditions in connection (2) has funds available that will be com- erty under this section shall be subject to with the conveyance required by subsection mitted to operate and maintain in good the condition that all right, title, and inter- (a) as the Commandant considers appropriate working condition the vessel conveyed, in est in the property, at the option of the Com- to protect the interests of the United States. the form of cash, liquid assets, or a written mandant of the Coast Guard, shall revert to SEC. 411. DECOMMISSIONED COAST GUARD VES- loan commitment and in an amount of at the United States Government if the prop- SELS FOR HAITI. least $700,000; and erty is used for purposes other than con- (a) IN GENERAL.—Notwithstanding any (3) agrees to any other conditions the Com- servation and public access. other law, upon the scheduled decommis- mandant considers appropriate. (f) IMPLEMENTATION.—The Commandant of sioning of any Coast Guard 41-foot patrol (b) MAINTENANCE AND DELIVERY OF VES- the Coast Guard shall upon request by the boat, the Commandant of the Coast Guard SEL.— Town— shall give the Government of Haiti a right- (1) MAINTENANCE.—Before conveyance of (1) promptly take those actions necessary of-first-refusal for conveyance of that vessel the vessel under this section, the Com- to make property identified under subsection to the Government of Haiti, if that Govern- mandant shall make, to the extent practical (b) and determined by the Commandant ment of Haiti agrees— and subject to other Coast Guard mission re- under subsection (c) ready for conveyance to (1) to use the vessel for the Coast Guard of quirements, every effort to maintain the in- the Town; and Haiti; tegrity of the vessel and its equipment until (2) convey the property to the Town sub- (2) to make the vessel available to the the time of delivery. ject to subsections (d) and (e). United States Government if needed for use (2) DELIVERY.—If a conveyance is made SEC. 410. CONVEYANCE OF COAST GUARD HU–25 by the Commandant in time of war or na- under this section, the Commandant shall FALCON JET AIRCRAFT. tional emergency; deliver the vessel to a suitable mooring in (a) AUTHORITY TO CONVEY.—Notwith- (3) to hold the United States Government the local area in its present condition. standing any other law, the Commandant of harmless for any claims arising from expo- (3) TREATMENT OF CONVEYANCE.—The con- the Coast Guard may convey to the Eliza- sure to hazardous materials, including asbes- veyance of the vessel under this section shall beth City State University (in this section tos and polychlorinated biphenyls, after con- not be considered a distribution in commerce referred to as the ‘‘University’’), a public veyance of the vessel, except for claims aris- for purposes of section 6(e) of Public Law 94– university located in the State of North ing from the use by the United States Gov- 469 (15 U.S.C. 2605(e)). Carolina, without consideration all right, ernment under paragraph (2); and

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.006 H24APPT1 smartinez on PROD1PC64 with HOUSE April 24, 2008 CONGRESSIONAL RECORD — HOUSE H2691

(4) to any other conditions the Com- resentatives and the Committee on Com- (d) LIMITATION.—Nothing in this section mandant considers appropriate. merce, Science, and Transportation of the shall affect the current administration and (b) LIMITATION.—The Commandant may Senate. management of the study area. not convey more than 10 vessels to the Gov- (e) AUTHORIZATION OF APPROPRIATIONS.— SEC. 416. CONVEYANCE OF COAST GUARD VESSEL ernment of Haiti pursuant to this section. There is authorized to be appropriated to the TO COAHOMA COUNTY, MISSISSIPPI. (c) MAINTENANCE AND DELIVERY OF VES- Commandant $1,800,000 for each of fiscal (a) AUTHORITY TO CONVEY.—Notwith- SEL.— years 2008 and 2009 to the conduct the assess- standing the Federal Property and Adminis- (1) MAINTENANCE.—Before conveyance of a ments. trative Services Act of 1949, the Com- vessel under this section, the Commandant SEC. 414. VESSEL MARYLAND INDEPENDENCE. mandant of the Coast Guard may convey to shall make, to the extent practical and sub- Notwithstanding sections 55101, 55103, and the Sheriff’s Department of Coahoma Coun- ject to other Coast Guard mission require- 12112 of title 46, United States Code, the Sec- ty, Mississippi (in this section referred to as ments, every effort to maintain the integrity retary of the department in which the Coast the ‘‘Sheriff’s Department’’), without consid- of the vessel and its equipment until the Guard is operating may issue a certificate of eration all right, title, and interest of the time of delivery. documentation with a coastwise endorse- United States in and to a Coast Guard (2) DELIVERY.—If a conveyance is made ment for the vessel MARYLAND INDE- trailerable boat, ranging from 17 feet to 30 under this section, the Commandant shall PENDENCE (official number 662573). The feet in size, that the Commandant deter- deliver a vessel to a suitable mooring in the coastwise endorsement issued under author- mines— local area in its present condition. ity of this section is terminated if— (1) is appropriate for use by the Sheriff’s (3) TREATMENT OF CONVEYANCE.—The con- (1) the vessel, or controlling interest in the Department; and veyance of a vessel under this section shall person that owns the vessel, is conveyed (2) is excess to the needs of the Coast not be considered a distribution in commerce after the date of enactment of this Act; or Guard and the Department of Homeland Se- for purposes of section 6(e) of Public Law 94– (2) any repairs or alterations are made to curity. 469 (15 U.S.C. 2605(e)). the vessel outside of the United States. (b) CONDITION.—As a condition of con- SEC. 412. EXTENSION OF PERIOD OF OPERATION SEC. 415. STUDY OF RELOCATION OF COAST veying a vessel under the authority provided OF VESSEL FOR SETTING, RELOCA- GUARD SECTOR BUFFALO FACILI- in subsection (a), the Commandant shall TION, OR RECOVERY OF ANCHORS TIES. enter into an agreement with the Sheriff’s OR OTHER MOORING EQUIPMENT. (a) PURPOSES.—The purposes of this section Department under which the Sheriff’s De- Section 705(a)(2) of Public Law 109–347 (120 are— partment agrees— Stat. 1945) is amended by striking ‘‘2’’ and (1) to authorize a project study to evaluate (1) to utilize the vessel for homeland secu- inserting ‘‘3’’. the feasibility of consolidating and relo- rity and other appropriate purposes as joint- SEC. 413. VESSEL TRAFFIC RISK ASSESSMENTS. cating Coast Guard facilities at Coast Guard ly agreed upon by the Commandant and the (a) REQUIREMENT.—The Commandant of the Sector Buffalo within the study area; Sheriff’s Department before conveyance; and Coast Guard, acting through the appropriate (2) to obtain a preliminary plan for the de- (2) to take the vessel ‘‘as is’’ and to hold Area Committee established under section sign, engineering, and construction for the the United States harmless for any claim 311(j)(4) of the Federal Water Pollution Con- consolidation of Coast Guard facilities at arising with respect to that vessel after con- trol Act, shall prepare a vessel traffic risk Sector Buffalo; and veyance of the vessel, including any claims assessment— (3) to distinguish what Federal lands, if arising from the condition of the vessel and (1) for Cook Inlet, Alaska, within one year any, shall be identified as excess after the its equipment or exposure to hazardous ma- after the date of enactment of this Act; and consolidation. terials. (2) for the Aleutian Islands, Alaska, within (b) DEFINITIONS.—In this section: (c) DELIVERY OF VESSEL.—The Com- two years after the date of enactment of this (1) COMMANDANT.—The term ‘‘Com- mandant shall deliver the vessel conveyed Act. mandant’’ means the Commandant of the under the authority provided in subsection (b) CONTENTS.—Each of the assessments Coast Guard. (a)— shall describe, for the region covered by the (2) SECTOR BUFFALO.—The term ‘‘Sector (1) at the place where the vessel is located assessment— Buffalo’’ means Coast Guard Sector Buffalo on the date of the conveyance; (1) the amount and character of present of the Ninth Coast Guard District. (2) in its condition on the date of convey- and estimated future shipping traffic in the (3) STUDY AREA.—The term ‘‘study area’’ ance; and region; and means the area consisting of approximately (3) without cost to the United States. (2) the current and projected use and effec- 31 acres of real property and any improve- (d) OTHER EXCESS EQUIPMENT.—The Com- tiveness in reducing risk, of— ments thereon that are commonly identified mandant may further convey any excess (A) traffic separation schemes and routing as Coast Guard Sector Buffalo, located at 1 equipment or parts from other Coast Guard measures; Fuhrmann Boulevard, Buffalo, New York, vessels, which are excess to the needs of the (B) long-range vessel tracking systems de- and under the administrative control of the Coast Guard and the Department of Home- veloped under section 70115 of title 46, United Coast Guard. land Security, to the Sheriff’s Department States Code; (c) STUDY.— for use to enhance the operability of the ves- (C) towing, response, or escort tugs; (1) IN GENERAL.—Within 12 months after sel conveyed under the authority provided in (D) vessel traffic services; the date on which funds are first made avail- subsection (a). (E) emergency towing packages on vessels; able to carry out this section, the Com- (e) ADDITIONAL TERMS AND CONDITIONS.— (F) increased spill response equipment in- mandant shall conduct a project proposal re- The Commandant may require such addi- cluding equipment appropriate for severe port of the study area and shall submit such tional terms and conditions in connection weather and sea conditions; report to the Committee on Commerce, with the conveyance authorized by sub- (G) the Automatic Identification System Science, and Transportation of the Senate section (a) as the Commandant considers ap- developed under section 70114 of title 46, and the Committee on Transportation and propriate to protect the interests of the United States Code; Infrastructure of the House of Representa- United States. (H) particularly sensitive sea areas, areas tives. SEC. 417. CONVEYANCE OF COAST GUARD VESSEL to be avoided, and other traffic exclusion (2) REQUIREMENTS.—The project proposal TO WARREN COUNTY, MISSISSIPPI. zones; report shall— (a) AUTHORITY TO CONVEY.—Notwith- (I) aids to navigation; and (A) evaluate the most cost-effective meth- standing the Federal Property and Adminis- (J) vessel response plans. od for providing shore facilities to meet the trative Services Act of 1949, the Com- (c) RECOMMENDATIONS.— operational requirements of Sector Buffalo; mandant of the Coast Guard may convey to (1) IN GENERAL.—Each of the assessments (B) determine the feasibility of consoli- the Sheriff’s Office of Warren County, Mis- shall include any appropriate recommenda- dating and relocating shore facilities on a sissippi (in this section referred to as the tions to enhance the safety, or lessen poten- portion of the existing site, while— ‘‘Sheriff’s Office’’), without consideration all tial adverse environmental impacts, of ma- (i) meeting the operational requirements right, title, and interest of the United States rine shipping. of Sector Buffalo; and in and to a Coast Guard trailerable boat, (2) CONSULTATION.—Before making any rec- (ii) allowing the expansion of operational ranging from 17 feet to 30 feet in size, that ommendations under paragraph (1) for a re- requirements of Sector Buffalo; and the Commandant determines— gion, the Area Committee shall consult with (C) contain a preliminary plan for the de- (1) is appropriate for use by the Sheriff’s affected local, State, and Federal govern- sign, engineering, and construction of the Office; and ment agencies, representatives of the fishing proposed project, including— (2) is excess to the needs of the Coast industry, Alaska Natives from the region, (i) the estimated cost of the design, engi- Guard and the Department of Homeland Se- the conservation community, and the mer- neering, and construction of the proposed curity. chant shipping and oil transportation indus- project; (b) CONDITION.—As a condition of con- tries. (ii) an anticipated timeline of the proposed veying a vessel under the authority provided (d) PROVISION TO CONGRESS.—The Com- project; and in subsection (a), the Commandant shall mandant shall provide a copy of each assess- (iii) a description of what Federal lands, if enter into an agreement with the Sheriff’s ment to the Committee on Transportation any, shall be considered excess to Coast Office under which the Sheriff’s Office and Infrastructure of the House of Rep- Guard needs. agrees—

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.006 H24APPT1 smartinez on PROD1PC64 with HOUSE H2692 CONGRESSIONAL RECORD — HOUSE April 24, 2008 (1) to utilize the vessel for homeland secu- veyed under the authority provided in sub- the Township is authorized under paragraph rity and other appropriate purposes as joint- section (a). (2) and the Township does not install the ly agreed upon by the Commandant and the (e) ADDITIONAL TERMS AND CONDITIONS.— Lens in accordance with that paragraph Sheriff’s Office before conveyance; and The Commandant may require such addi- within the time specified in that paragraph, (2) to take the vessel ‘‘as is’’ and to hold tional terms and conditions in connection the Township shall return the lens to the the United States harmless for any claim with the conveyance authorized by sub- Coast Guard at no cost to the United States arising with respect to that vessel after con- section (a) as the Commandant considers ap- and under such conditions as the Com- veyance of the vessel, including any claims propriate to protect the interests of the mandant may require. arising from the condition of the vessel and United States. (c) CONVEYANCE OF ADDITIONAL PERSONAL its equipment or exposure to hazardous ma- SEC. 419. COAST GUARD ASSETS FOR UNITED PROPERTY.— terials. STATES VIRGIN ISLANDS. (1) TRANSFER AND CONVEYANCE OF PERSONAL (c) DELIVERY OF VESSEL.—The Com- (a) IN GENERAL.—The Secretary of Home- PROPERTY.—Notwithstanding any other pro- mandant shall deliver the vessel conveyed land Security may station additional Coast vision of law, the Commandant may transfer under the authority provided in subsection Guard assets in the United States Virgin Is- to the Township any additional personal (a) lands for port security and other associated property of the United States related to the (1) at the place where the vessel is located purposes. Lens that the Commandant considers appro- on the date of the conveyance; (b) AUTHORIZATION OF APPROPRIATIONS.— priate for conveyance under this section. If (2) in its condition on the date of convey- There are authorized to be appropriated to the Commandant conveys the Lens to the ance; and the Secretary for fiscal year 2008 such sums Township under subsection (a)(3), the Com- (3) without cost to the United States. as are necessary to carry out this section. mandant may convey to the Township any (d) OTHER EXCESS EQUIPMENT.—The Com- SEC. 420. CONVEYANCE OF THE PRESQUE ISLE personal property previously transferred to mandant may further convey any excess LIGHT STATION FRESNEL LENS TO the Township under this subsection. PRESQUE ISLE TOWNSHIP, MICHI- equipment or parts from other Coast Guard (2) REVERSION.—If the Lens is returned to vessels, which are excess to the needs of the GAN. (a) CONVEYANCE OF LENS AUTHORIZED.— the Coast Guard pursuant to subsection (b), Coast Guard and the Department of Home- (1) TRANSFER OF POSSESSION.—Notwith- the Township shall return to the Coast land Security, to the Sheriff’s Office for use standing any other provision of law, the Guard all personal property transferred or to enhance the operability of the vessel con- Commandant of the Coast Guard may trans- conveyed to the Township under this sub- veyed under the authority provided in sub- fer to Presque Isle Township, a township in section except to the extent otherwise ap- section (a). proved by the Commandant. (e) ADDITIONAL TERMS AND CONDITIONS.— Presque Isle County in the State of Michigan (in this section referred to as the ‘‘Town- (d) CONVEYANCE WITHOUT CONSIDERATION.— The Commandant may require such addi- The conveyance of the Lens and any personal tional terms and conditions in connection ship’’), possession of the Historic Fresnel Lens (in this section referred to as the property under this section shall be without with the conveyance authorized by sub- consideration. section (a) as the Commandant considers ap- ‘‘Lens’’) from the Presque Isle Light Station Lighthouse, Michigan (in this section re- (e) DELIVERY OF PROPERTY.—The Com- propriate to protect the interests of the mandant shall deliver property conveyed United States. ferred to as the ‘‘Lighthouse’’). (2) CONDITION.—As a condition of the trans- under this section— SEC. 418. CONVEYANCE OF COAST GUARD VESSEL fer of possession authorized by paragraph (1), (1) at the place where such property is lo- TO WASHINGTON COUNTY, MIS- cated on the date of the conveyance; SISSIPPI. the Township shall, not later than one year (2) in its condition on the date of convey- (a) AUTHORITY TO CONVEY.—Notwith- after the date of transfer, install the Lens in ance; and standing the Federal Property and Adminis- the Lighthouse for the purpose of operating (3) without cost to the United States. trative Services Act of 1949, the Com- the Lens and Lighthouse as a Class I private (f) MAINTENANCE OF PROPERTY.—As a con- mandant of the Coast Guard may convey to aid to navigation pursuant to section 85 of dition of the conveyance of any property to the Sheriff’s Office of Washington County, title 14, United States Code, and the applica- the Township under this section, the Com- Mississippi (in this section referred to as the ble regulations under that section. mandant shall enter into an agreement with ‘‘Sheriff’s Office’’), without consideration all (3) CONVEYANCE OF LENS.—Upon the certifi- the Township under which the Township right, title, and interest of the United States cation of the Commandant that the Town- agrees— in and to a Coast Guard trailerable boat, ship has installed the Lens in the Lighthouse (1) to operate the Lens as a Class I private ranging from 17 feet to 30 feet in size, that and is able to operate the Lens and Light- aid to navigation under section 85 of title 14, the Commandant determines— house as a private aid to navigation as re- United States Code, and application regula- (1) is appropriate for use by the Sheriff’s quired by paragraph (2), the Commandant tions under that section; and Office; and shall convey to the Township all right, title, (2) to hold the United States harmless for (2) is excess to the needs of the Coast and interest of the United States in and to any claim arising with respect to personal Guard and the Department of Homeland Se- the Lens. property conveyed under this section. curity. (4) CESSATION OF UNITED STATES OPER- (b) CONDITION.—As a condition of con- ATIONS OF AIDS TO NAVIGATION AT LIGHT- (g) LIMITATION ON FUTURE CONVEYANCE.— veying a vessel under the authority provided HOUSE.—Upon the making of the certifi- The instruments providing for the convey- in subsection (a), the Commandant shall cation described in paragraph (3), all active ance of property under this section shall— enter into an agreement with the Sheriff’s Federal aids to navigation located at the (1) require that any further conveyance of Office under which the Sheriff’s Office Lighthouse shall cease to be operated and an interest in such property may not be agrees— maintained by the United States. made without the advance approval of the (1) to utilize the vessel for homeland secu- (b) REVERSION.— Commandant; and rity and other appropriate purposes as joint- (1) REVERSION FOR FAILURE OF AID TO NAVI- (2) provide that, if the Commandant deter- ly agreed upon by the Commandant and the GATION.—If the Township does not comply mines that an interest in such property was Sheriff’s Office before conveyance; and with the condition set forth in subsection conveyed without such approval— (2) to take the vessel ‘‘as is’’ and to hold (a)(2) within the time specified in that sub- (A) all right, title, and interest in such the United States harmless for any claim section, the Township shall, except as pro- property shall revert to the United States, arising with respect to that vessel after con- vided in paragraph (2), return the Lens to the and the United States shall have the right to veyance of the vessel, including any claims Commandant at no cost to the United States immediate possession of such property; and arising from the condition of the vessel and and under such conditions as the Com- (B) the recipient of such property shall pay its equipment or exposure to hazardous ma- mandant may require. the United States for costs incurred by the terials. (2) EXCEPTION FOR HISTORICAL PRESERVA- United States in recovering such property. (c) DELIVERY OF VESSEL.—The Com- TION.—Notwithstanding the lack of compli- (h) ADDITIONAL TERMS AND CONDITIONS.— mandant shall deliver the vessel conveyed ance of the Township as described in para- The Commandant may require such addi- under the authority provided in subsection graph (1), the Township may retain posses- tional terms and conditions in connection (a)— sion of the Lens for installation as an arti- with the conveyances authorized by this sec- (1) at the place where the vessel is located fact in, at, or near the Lighthouse upon the tion as the Commandant considers appro- on the date of the conveyance; approval of the Commandant and under such priate to protect the interests of the United (2) in its condition on the date of convey- conditions for the preservation and conserva- States. ance; and tion of the Lens as the Commandant shall SEC. 421. FISHING IN SOUTH PACIFIC TUNA (3) without cost to the United States. specify for purposes of this paragraph. In- TREATY CONVENTION AREA. (d) OTHER EXCESS EQUIPMENT.—The Com- stallation of the Lens under this paragraph Section 12113 of title 46, United States mandant may further convey any excess shall occur, if at all, not later than two Code, is amended by adding at the end the equipment or parts from other Coast Guard years after the date of the transfer of the following new subsection: vessels, which are excess to the needs of the Lens to the Township under subsection ‘‘(j) A fishery endorsement is not required Coast Guard and the Department of Home- (a)(1). for a United States-documented purse seine land Security, to the Sheriff’s Office for use (3) REVERSION FOR FAILURE OF HISTORICAL tuna fishing vessel home ported in American to enhance the operability of the vessel con- PRESERVATION.—If retention of the Lens by Samoa while fishing exclusively for highly

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.006 H24APPT1 smartinez on PROD1PC64 with HOUSE April 24, 2008 CONGRESSIONAL RECORD — HOUSE H2693 migratory species under a license issued pur- (1) identify the capabilities, equipment, (7) address whether the FTE ceiling in suant to the 1987 Treaty on Fisheries Be- and facilities necessary for a response vessel place for the Yard is sufficient to allow all tween the Governments of Certain Pacific Is- in the entry to the Strait of Juan de Fuca at work projects scheduled for the current cal- land States and the Government of the Neah Bay in order to optimize oil spill pro- endar year to be completed on schedule, and United States of America in the treaty area tection on Washington’s Olympic Peninsula what level of FTE is likely to be required in or in any portion of the United States exclu- coast and provide rescue towing services, oil each of the subsequent five calendar years to sive economic zone bordering the treaty spill response, and salvage and firefighting allow completion on schedule of the pro- area.’’. capabilities; jected workload in each of those years. SEC. 422. ASSESSMENT OF NEEDS FOR ADDI- (2) analyze the multimission capabilities SEC. 425. STUDY OF BRIDGES OVER NAVIGABLE TIONAL COAST GUARD PRESENCE IN necessary for a rescue vessel and the need for WATERS. HIGH LATITUDE REGIONS. that vessel to utilize cached salvage, oil spill The Secretary of Transportation shall sub- Within 270 days after the date of enact- response, and oil storage equipment while re- mit to the Committee on Commerce, ment of this Act, the Secretary of the de- sponding to a spill or a vessel in distress, and Science, and Transportation of the Senate partment in which the Coast Guard is oper- make recommendations as to the placement and the Committee on Transportation and ating shall submit a report to the Committee of such equipment; Infrastructure of the House of Representa- on Commerce, Science, and Transportation (3) address scenarios that consider all ves- tives a comprehensive study on the proposed of the Senate and the Committee on Trans- sel types and weather conditions and com- construction or alteration of any bridge, portation and Infrastructure of the House of pare current Neah Bay rescue vessel capa- drawbridge, or causeway over navigable wa- Representatives assessing the need for addi- bilities, costs, and benefits with other United ters with a channel depth of 25 feet or great- tional Coast Guard prevention and response States industry-funded response vessels, in- er of the United States that may impede or capability in the high latitude regions. The cluding those currently operating in Alas- obstruct future navigation to or from port assessment shall address needs for all Coast ka’s Prince William Sound; facilities. Guard mission areas, including search and (4) determine whether the current level of rescue, marine pollution response and pre- SEC. 426. LIMITATION ON JURISDICTION OF protection afforded by the Neah Bay re- STATES TO TAX CERTAIN SEAMEN. vention, fisheries enforcement, and maritime sponse vessel and associated response equip- Section 11108(b)(2)(B) of title 46, United commerce. The Secretary shall include in ment is comparable to protection in other lo- States Code, is amended to read as follows: the report— cations where response vessels operate, in- ‘‘(B) who performs regularly-assigned du- (1) an assessment of the high latitude oper- cluding Prince William Sound, Alaska, and if ties while engaged as a master, officer, or ating capabilities of all current Coast Guard it is not comparable, make recommendations crewman on a vessel operating on navigable assets, including assets acquired under the regarding how capabilities, equipment, and waters in 2 or more States.’’. Deepwater program; facilities should be modified to achieve opti- SEC. 427. DECOMMISSIONED COAST GUARD VES- (2) an assessment of projected needs for mum protection; and Coast Guard forward operating bases in the SELS FOR BERMUDA. (5) consider pending firefighting and sal- (a) IN GENERAL.—Notwithstanding any high latitude regions; vage regulations developed pursuant to the (3) an assessment of shore infrastructure, other law, upon the scheduled decommis- Oil Pollution Act of 1990. sioning of any Coast Guard 41-foot patrol personnel, logistics, communications, and SEC. 424. REPORT ON PROJECTED WORKLOAD AT resources requirements to support Coast boat and after the Government of Haiti has THE COAST GUARD YARD IN CURTIS exercised all of their options under section Guard forward operating bases in the high BAY, MARYLAND. 411, the Commandant of the Coast Guard latitude regions; Within six months after the date of enact- shall give the Government of Bermuda a (4) an assessment of the need for high lati- ment of this Act, the Secretary of the de- right-of-first-refusal for conveyance of that tude icebreaking capability and the capa- partment in which the Coast Guard is oper- bility of the current high latitude ating shall submit to the Committee on vessel to the Government of Bermuda, if that icebreaking assets of the Coast Guard, in- Transportation and Infrastructure of the Government of Bermuda agrees— cluding— House of Representatives and the Committee (1) to use the vessel for the Coast Guard of (A) whether the Coast Guard’s high lati- on Commerce, Science, and Transportation Bermuda; tude icebreaking fleet is meeting current of the Senate, a report detailing the pro- (2) to make the vessel available to the mission performance goals; jected workload for the current calendar United States Government if needed for use (B) whether the fleet is capable of meeting year and each of the subsequent 5 calendar by the Commandant in time of war or na- projected mission performance goals; and years at the Coast Guard Yard in Curtis Bay, tional emergency; (C) an assessment of the material condi- Maryland, and the total full-time equiva- (3) to hold the United States Government tion, safety, and working conditions aboard lents (FTE) to be supported by the account harmless for any claims arising from expo- high latitude icebreaking assets, including established under section 648 of title 14, sure to hazardous materials, including asbes- the effect of those conditions on mission per- United States Code, (popularly known as the tos and polychlorinated biphenyls, after con- formance; Yard Fund) in each such calendar year to veyance of the vessel, except for claims aris- (5) a detailed estimate of acquisition costs meet that workload. The report shall— ing from the use by the United States Gov- for each of the assets (including shore infra- (1) detail work projects to be undertaken ernment under paragraph (2); and structure) necessary for additional preven- during the current calendar year and during (4) to any other conditions the Com- tion and response capability in high latitude each of the next five calendar years as part mandant considers appropriate. (b) LIMITATION.—The Commandant may regions for all Coast Guard mission areas, of the Mission Effectiveness Program (MEP) not convey more than 3 vessels to the Gov- and an estimate of operations and mainte- and projects projected to be undertaken that ernment of Bermuda pursuant to this sec- nance costs for such assets for the initial 10- are not associated with the MEP; tion. year period of operations; and (2) identify the number of regular full-time (c) MAINTENANCE AND DELIVERY OF VES- (6) detailed cost estimates (including oper- employees, term employees, and employees SEL.— ating and maintenance for a period of 10 in any other classification that are projected (1) MAINTENANCE.—Before conveyance of a years) for high latitude icebreaking capa- to be employed in any capacity at the Yard vessel under this section, the Commandant bility to ensure current and projected future in each such calendar year; shall make, to the extent practical and sub- mission performance goals are met, includ- (3) specify how many of the employees in ject to other Coast Guard mission require- ing estimates of the costs to— any capacity that are expected to be em- ments, every effort to maintain the integrity (A) renovate and modernize the Coast ployed at the Yard in each such year are ex- of the vessel and its equipment until the Guard’s existing high latitude icebreaking pected to be uniformed members of the Coast time of delivery. fleet; and Guard and how many are expected to be ci- (2) DELIVERY.—If a conveyance is made (B) replace the Coast Guard’s existing high vilians; under this section, the Commandant shall latitude icebreaking fleet. (4) identify how many employees in any ca- pacity (whether uniformed or civilian) are deliver a vessel to a suitable mooring in the SEC. 423. STUDY OF REGIONAL RESPONSE VES- local area in its present condition. SEL AND SALVAGE CAPABILITY FOR projected to be assigned in each such cal- OLYMPIC PENINSULA COAST, WASH- endar year to each of overhead positions, en- (3) TREATMENT OF CONVEYANCE.—The con- INGTON. gineering positions, waterfront support posi- veyance of a vessel under this section shall No later than 180 days after the date of en- tions, and waterfront trade positions to meet not be considered a distribution in commerce actment of this Act, the Secretary of the de- projected workloads in that year; for purposes of section 6(e) of Public Law 94– partment in which the Coast Guard is oper- (5) identify the amount of overtime in each 469 (15 U.S.C. 2605(e)). ating shall study through the National Acad- of overhead positions, engineering positions, SEC. 428. RECREATIONAL MARINE INDUSTRY. emy of Sciences the need for regional re- waterfront support positions, and waterfront (a) EXCEPTION.—Section 2(3)(F) of the sponse vessel and salvage capability for the trade positions position that will be required Longshore and Harbor Workers’ Compensa- State of Washington Olympic Peninsula to meet the projected workload in each such tion Act (33 U.S.C. 902(3)) is amended to read coast. In conducting the study, the National calendar year; as follows: Academy of Sciences shall consult with Fed- (6) identify the number of trades training ‘‘(F) individuals who— eral, State, and tribal officials and other rel- students that are projected to be trained at ‘‘(i) are employed to manufacture any rec- evant stakeholders. The study shall— the Yard in each such calendar year; and reational vessel under 165 feet in length; or

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.006 H24APPT1 smartinez on PROD1PC64 with HOUSE H2694 CONGRESSIONAL RECORD — HOUSE April 24, 2008

‘‘(ii) are employed to repair any rec- (2) by inserting after subsection (a) the fol- ‘‘(B) BALLAST WATER MANAGEMENT PRO- reational vessel, or to dismantle any part of lowing: GRAM.—The Secretary and the Secretary of any recreational vessel in connection with ‘‘(b) DECLARATION OF GOALS AND PUR- Defense, after consultation with each other repair of the vessel;’’. POSES.—The objective of this Act is to elimi- and with the Under Secretary and the heads (b) RECREATIONAL ENDORSEMENT.—Section nate the threat and impacts of nonindige- of other appropriate Federal agencies as de- 12114 of title 46, United States Code, is nous aquatic nuisance species in the waters termined by the Secretary, shall implement amended by adding at the end the following: of the United States. In order to achieve this a ballast water management program, in- ‘‘(d) VESSELS MANUFACTURED BY CERTAIN objective, it is declared that, consistent with cluding the issuance of standards for ballast INDIVIDUALS.—A vessel manufactured by in- the provisions of this Act— water exchange and treatment and for sedi- dividuals under the exception provided in ‘‘(1) it is the national goal that ballast ment management, for vessels of the Armed section 2(3)(F) of the Longshore and Harbor water discharged into the waters of the Forces under their respective jurisdictions Workers’ Compensation Act may only be United States will contain no living (viable) designed, constructed, or adapted to carry issued a recreational vessel endorsement organisms by the year 2015; ballast water that are— under this chapter, and that restriction shall ‘‘(2) it is the national policy that the intro- ‘‘(i) consistent with the requirements of be noted on the certification of documenta- duction of nonindigenous aquatic nuisance this section, including the deadlines estab- tion issued under section 12105.’’. species in the waters of the United States be lished by this section; and SEC. 429. CONVEYANCE OF COAST GUARD VES- prohibited; and ‘‘(ii) at least as stringent as the require- SELS TO NASSAU COUNTY, NEW ‘‘(3) it is the national policy that Federal, ments issued for such vessels under section YORK. State, and local governments and the private 312 of the Federal Water Pollution Control (a) AUTHORITY TO CONVEY.—Notwith- sector identify the most effective ways to co- Act (33 U.S.C. 1322). standing the Federal Property and Adminis- ordinate prevention efforts, and harmonize ‘‘(4) SPECIAL RULE FOR SMALL REC- trative Services Act of 1949, the Com- environmentally sound methods to prevent, REATIONAL VESSELS.—In applying this sec- mandant of the Coast Guard may convey to detect, monitor, and control nonindigenous tion to recreational vessels less than 50 me- the Police Department of Nassau County, aquatic nuisance species, in an expeditious ters in length that have a maximum ballast New York (in this section referred to as the manner.’’. water capacity of 8 cubic meters, the Sec- ‘‘Police Department’’), without consider- (3) in subsection (c)(1) (as redesignated by retary may issue alternative measures for ation all right, title, and interest of the paragraph (1) of this section)— managing ballast water in a manner that is United States in and to two Coast Guard 41- (A) by striking ‘‘prevent’’ and inserting consistent with the requirements of this sec- foot patrol boats that the Commandant de- ‘‘eliminate’’; and tion. termines— (B) by inserting ‘‘treatment’’ after ‘‘ballast ‘‘(5) MARAD VESSELS.—Subsection (f) does (1) is appropriate for use by the Police De- water’’; not apply to any vessel in the National De- partment; and (4) in subsection (c)(2) (as so redesig- fense Reserve Fleet that is scheduled to be (2) is excess to the needs of the Coast nated)— disposed of through scrapping or sinking. Guard and the Department of Homeland Se- (A) by inserting ‘‘, detection, monitoring,’’ ‘‘(b) UPTAKE AND DISCHARGE OF BALLAST curity. after ‘‘prevention’’; and WATER OR SEDIMENT.— (b) CONDITION.—As a condition of con- (B) by striking ‘‘the zebra mussel and ‘‘(1) PROHIBITION.—The operator of a vessel veying a vessel under the authority provided other’’; to which this section applies may not con- in subsection (a), the Commandant shall (5) in subsection (c)(3) (as so redesig- duct the uptake or discharge of ballast water enter into an agreement with the Police De- nated)— or sediment in waters subject to the jurisdic- partment under which the Police Depart- (A) by inserting ‘‘detect,’’ after ‘‘prevent,’’; tion of the United States except as provided ment agrees— and in this section. (1) to utilize the vessel for homeland secu- (B) by striking ‘‘from pathways other than ‘‘(2) EXCEPTIONS.—Paragraph (1) does not rity and other appropriate purposes as joint- ballast water exchange’’; apply to the uptake or discharge of ballast ly agreed upon by the Commandant and the (6) in subsection (c)(4) (as so redesignated) water or sediment in the following cir- Police Department before conveyance; and by striking ‘‘, including the zebra mussel’’; cumstances: (2) to take the vessel ‘‘as is’’ and to hold and ‘‘(A) The uptake or discharge is solely for the United States harmless for any claim (7) in subsection (c)(5) (as so redesig- the purpose of— arising with respect to that vessel after con- nated)— ‘‘(i) ensuring the safety of the vessel in an veyance of the vessel, including any claims (A) by inserting ‘‘prevention,’’ after ‘‘in emergency situation; or arising from the condition of the vessel and the’’; ‘‘(ii) saving a life at sea. its equipment or exposure to hazardous ma- (B) by inserting a comma after ‘‘manage- ‘‘(B) The uptake or discharge is accidental terials. ment’’; and and the result of damage to the vessel or its (c) DELIVERY OF VESSEL.—The Com- (C) by striking ‘‘zebra mussels’’ and insert- equipment and— mandant shall deliver a vessel conveyed ing ‘‘aquatic nuisance species’’. ‘‘(i) all reasonable precautions to prevent under the authority provided in subsection SEC. 503. BALLAST WATER MANAGEMENT. or minimize ballast water and sediment dis- (a)— (a) IN GENERAL.—Section 1101 of the Non- charge have been taken before and after the (1) at the place where the vessel is located indigenous Aquatic Nuisance Prevention and damage occurs, the discovery of the damage, on the date of the conveyance; Control Act of 1990 (16 U.S.C. 4711) is amend- and the discharge; and (2) in its condition on the date of convey- ed to read as follows: ‘‘(ii) the owner or officer in charge of the ance; and ‘‘SEC. 1101. BALLAST WATER MANAGEMENT. vessel did not willfully or recklessly cause (3) without cost to the United States. ‘‘(a) VESSELS TO WHICH THIS SECTION AP- the damage. (d) OTHER EXCESS EQUIPMENT.—The Com- PLIES.— ‘‘(C) The uptake or discharge is solely for mandant may further convey any excess ‘‘(1) IN GENERAL.—Except as provided in the purpose of avoiding or minimizing the equipment or parts from other Coast Guard paragraphs (2), (3), (4), and (5), this section discharge from the vessel of pollution that vessels, which are excess to the needs of the applies to a vessel that engages in the dis- would otherwise violate applicable Federal Coast Guard and the Department of Home- charge of ballast water in waters subject to or State law. land Security, to the Police Department for the jurisdiction of the United States that— ‘‘(D) The uptake or discharge of ballast use to enhance the operability of a vessel ‘‘(A) is designed, constructed, or adapted to water and sediment occurs at the same loca- conveyed under the authority provided in carry ballast water; and tion where the whole of that ballast water subsection (a). ‘‘(B)(i) is a vessel of the United States; or and that sediment originated and there is no (e) ADDITIONAL TERMS AND CONDITIONS.— mixing with ballast water and sediment from The Commandant may require such addi- ‘‘(ii) is a foreign vessel that— another area that has not been managed in tional terms and conditions in connection ‘‘(I) is en route to a United States port or accordance with the requirements of this with a conveyance authorized by subsection place; or section. (a) as the Commandant considers appropriate ‘‘(II) has departed from a United States ESSEL BALLAST WATER MANAGEMENT to protect the interests of the United States. port or place and is within waters subject to ‘‘(c) V the jurisdiction of the United States. PLAN.— TITLE V—BALLAST WATER TREATMENT ‘‘(2) PERMANENT BALLAST WATER VESSELS.— ‘‘(1) IN GENERAL.—The operator of a vessel SEC. 501. SHORT TITLE. This section does not apply to a vessel that to which this section applies shall conduct This title may be cited as the ‘‘Ballast carries all of its permanent ballast water in all ballast water management operations of Water Treatment Act of 2008’’. sealed tanks that are not subject to dis- that vessel in accordance with a ballast SEC. 502. DECLARATION OF GOALS AND PUR- charge or a vessel that continuously takes water management plan designed to mini- POSES. on and discharges ballast water in a flow- mize the discharge of aquatic nuisance spe- Section 1002 of the Nonindigenous Aquatic through system. cies that— Nuisance Prevention and Control Act of 1990 ‘‘(3) ARMED FORCES VESSELS.— ‘‘(A) meets the requirements prescribed by (16 U.S.C. 4701) is amended— ‘‘(A) EXEMPTION.—Except as provided in the Secretary by regulation; and (1) by redesignating subsection (b) as sub- subparagraph (B), this section does not apply ‘‘(B) is approved by the Secretary. section (c); to a vessel of the Armed Forces. ‘‘(2) APPROVAL CRITERIA.—

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.006 H24APPT1 smartinez on PROD1PC64 with HOUSE April 24, 2008 CONGRESSIONAL RECORD — HOUSE H2695

‘‘(A) IN GENERAL.—The Secretary may not regulation, for alternative methods of rec- ‘‘(B) 5-YEAR USAGE.—The Secretary shall approve a ballast water management plan ordkeeping, including electronic record- allow a vessel using environmentally-sound unless the Secretary determines that the keeping, to comply with the requirements of alternative ballast treatment technology plan— this subsection. Any electronic record- under paragraph (1)(A)(iii) to continue to use ‘‘(i) describes in detail the actions to be keeping method authorized by the Secretary that technology for 5 years after the date on taken to implement the ballast water man- shall support the inspection and enforcement which the environmentally-sound alter- agement requirements established under this provisions of this Act and shall comply with native ballast water treatment technology section; applicable standards of the National Insti- was first placed in service on the vessel or ‘‘(ii) describes in detail the procedures to tute of Standards and Technology and the the date on which treatment requirements be used for disposal of sediment at sea and Office of Management and Budget governing under subsection (f) become applicable, on shore in accordance with the require- reliability, integrity, identity authentica- whichever is later. ments of this section; tion, and nonrepudiation of stored electronic ‘‘(3) EXCHANGE AREAS.— ‘‘(iii) describes in detail safety procedures data. for the vessel and crew associated with bal- ‘‘(A) VESSELS OUTSIDE THE UNITED STATES ‘‘(e) BALLAST WATER EXCHANGE REQUIRE- last water management; EEZ.—The operator of a vessel en route to a MENTS.— ‘‘(iv) designates the officer on board the United States port or place from a port or ‘‘(1) IN GENERAL.— vessel in charge of ensuring that the plan is place outside the waters subject to the juris- ‘‘(A) REQUIREMENT.—Until a vessel is re- properly implemented; diction of the United States shall conduct quired to conduct ballast water treatment in ‘‘(v) contains the reporting requirements ballast water exchange— accordance with subsection (f), the operator for vessels established under this section and ‘‘(i) before arriving at a United States port of a vessel to which this section applies may a copy of each form necessary to meet those or place; not discharge ballast water in waters subject requirements; and ‘‘(ii) at least 200 nautical miles from the to the jurisdiction of the United States, ex- ‘‘(vi) meets all other requirements pre- nearest point of land; and cept after— scribed by the Secretary. ‘‘(iii) in water at least 200 meters in depth. ‘‘(i) conducting ballast water exchange as ‘‘(B) FOREIGN VESSELS.—The Secretary ‘‘(B) COASTAL VOYAGES.—The operator of a required by this subsection, in accordance may approve a ballast water management vessel originating from a port or place with- with regulations issued by the Secretary; plan for a foreign vessel on the basis of a cer- in the United States exclusive economic ‘‘(ii) using ballast water treatment tech- tificate of compliance issued by the vessel’s zone, or from a port within 200 nautical nology that meets the performance stand- country of registration if the government of miles of the United States in Canada, Mex- that country requires the ballast water man- ards of subsection (f); or ‘‘(iii) using environmentally sound alter- ico, or other ports designated by the Sec- agement plan for that vessel to include infor- retary for purposes of this section, shall con- mation comparable to the information re- native ballast water treatment technology if the Secretary determines that such treat- duct ballast water exchange— quired under regulations issued by the Sec- ‘‘(i) at least 50 nautical miles from the retary. ment technology is at least as effective as the ballast water exchange required by nearest point of land; and ‘‘(3) COPY OF PLAN ON BOARD VESSEL.—The ‘‘(ii) in water at least 200 meters in depth. owner or operator of a vessel to which this clause (i) in preventing and controlling the ‘‘(4) SAFETY OR STABILITY EXCEPTION.— section applies shall— introduction of aquatic nuisance species. ‘‘(A) SECRETARIAL DETERMINATION.—Para- ‘‘(A) maintain a copy of the vessel’s ballast ‘‘(B) BALLAST WATER REGULATIONS.—Bal- graph (3) does not apply to the discharge of water management plan on board at all last water exchange regulations developed ballast water if the Secretary determines times; and under subparagraph (A)(i) shall contain— ‘‘(B) keep the plan readily available for ex- ‘‘(i) a provision for ballast water exchange that compliance with that paragraph would amination by the Secretary and the head of that requires— threaten the safety or stability of the vessel, the appropriate agency of the State in which ‘‘(I) at least 1 empty-and-refill cycle, out- its crew, or is passengers. the vessel is located at all reasonable times. side the exclusive economic zone or in an al- ‘‘(B) MASTER OF THE VESSEL DETERMINA- ‘‘(d) VESSEL BALLAST WATER RECORD ternative exchange area designated by the TION.—Paragraph (3) does not apply to the BOOK.— Secretary, of each ballast tank that contains discharge of ballast water if the master of a ‘‘(1) IN GENERAL.—The owner or operator of ballast water to be discharged into waters of vessel determines that compliance with that a vessel to which this section applies shall the United States; or paragraph would threaten the safety or sta- maintain, in English on board the vessel, a ‘‘(II) for a case in which the master of a bility of the vessel, its crew, or its pas- ballast water record book in which each op- vessel determines that compliance with the sengers because of adverse weather, equip- eration of the vessel involving ballast water requirement under subclause (I) is impracti- ment failure, or any other relevant condi- or sediment discharge is recorded in accord- cable, a sufficient number of flow-through tion. ance with regulations issued by the Sec- exchanges of ballast water, outside the ex- ‘‘(C) NOTIFICATION REQUIRED.—Whenever retary. clusive economic zone or in an alternative the master of a vessel is unable to comply ‘‘(2) AVAILABILITY.—The ballast water exchange area designated by the Secretary, with the requirements of paragraph (3) be- record book— to achieve replacement of at least 95 percent cause of a determination made under sub- ‘‘(A) shall be kept readily available for ex- of ballast water in ballast tanks of the ves- paragraph (B), the master of the vessel amination by the Secretary and the head of sel, as determined by a certification dye shall— the appropriate agency of the State in which study conducted or model developed by the ‘‘(i) notify the Secretary as soon as prac- the vessel is located at all reasonable times; Secretary and recorded in the ballast water ticable thereafter but no later than 24 hours and management plan of the vessel pursuant to after making that determination and shall ‘‘(B) notwithstanding paragraph (1), may subsection (c)(2)(A)(i); and ensure that the determination, the reasons be kept on the towing vessel in the case of an ‘‘(ii) if a ballast water exchange is not un- for the determination, and the notice are re- unmanned vessel under tow. dertaken pursuant to subsection (h), a con- corded in the vessel’s ballast water record ‘‘(3) RETENTION PERIOD.—The ballast water tingency procedure that requires the master book; and record book shall be retained— of a vessel to use the best practicable tech- ‘‘(ii) undertake ballast water exchange— ‘‘(A) on board the vessel for a period of 3 nology or practice to treat ballast discharge. ‘‘(I) in an alternative area that may be des- years after the date on which the last entry ‘‘(C) TECHNOLOGY EFFICACY.—For purposes ignated by the Secretary, after consultation in the book is made; and of this paragraph, a ballast water treatment with the Under Secretary, and other appro- ‘‘(B) under the control of the vessel’s technology shall be considered to be at least owner for an additional period of 3 years. as effective as the ballast water exchange re- priate Federal agencies as determined by the Secretary, and representatives of States the ‘‘(4) REGULATIONS.—In the regulations quired by clause (i) in preventing and con- issued under this section, the Secretary shall trolling the introduction of aquatic nuisance waters of which may be affected by the dis- require, at a minimum, that— species if preliminary experiments prior to charge of ballast water; or ‘‘(A) each entry in the ballast water record installation of the technology aboard the ‘‘(II) in accordance with paragraph (6) if book be signed and dated by the officer in vessel demonstrate that the technology safety or stability concerns prevent under- charge of the ballast water operation re- meets the ballast water discharge standard taking ballast water exchange in the alter- corded; provided under Regulation D–2 of the Inter- native area. ‘‘(B) each completed page in the ballast national Convention for the Control and ‘‘(D) REVIEW OF CIRCUMSTANCES.—If the water record book be signed and dated by the Management of Ships’ Ballast Water and master of a vessel conducts a ballast water master of the vessel; and Sediments as signed on February 13, 2004. discharge under the provisions of this para- ‘‘(C) at least monthly, the owner or oper- ‘‘(2) GUIDANCE; 5-YEAR USAGE.— graph, the Secretary shall review the cir- ator of the vessel transmit such information ‘‘(A) GUIDANCE.—Not later than one year cumstances to determine whether the dis- to the Secretary regarding the ballast oper- after the date of enactment of the Ballast charge met the requirements of this para- ations of the vessel as the Secretary may re- Water Treatment Act of 2008, the Secretary graph. The review under this clause shall be quire. shall develop and issue guidance on tech- in addition to any other enforcement author- ‘‘(5) ALTERNATIVE MEANS OF RECORD- nology that may be used under paragraph ity of the Secretary. KEEPING.—The Secretary may provide, by (1)(A)(iii). ‘‘(5) DISCHARGE UNDER WAIVER.—

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.007 H24APPT1 smartinez on PROD1PC64 with HOUSE H2696 CONGRESSIONAL RECORD — HOUSE April 24, 2008

‘‘(A) SUBSTANTIAL BUSINESS HARDSHIP WAIV- ‘‘(B) ADDITIONAL AREAS.—The Secretary charging ballast water in waters subject to ER.—If, because of the short length of a voy- shall, after consultation with the Under Sec- the jurisdiction of the United States so that age, the operator of a vessel is unable to dis- retary, the Administrator, and other appro- the ballast water discharged will contain— charge ballast water in accordance with the priate Federal and State agencies, as deter- ‘‘(A) less than 1 living organism per 10 requirements of paragraph (3)(B) without mined by the Secretary, and opportunity for cubic meters that is 50 or more micrometers substantial business hardship, as determined public comment, establish criteria for desig- in minimum dimension; under regulations issued by the Secretary, nating additional areas in which, due to ‘‘(B) less than 1 living organism per 10 mil- the operator may request a waiver from the their sensitive ecological nature, restric- liliters that is less than 50 micrometers in Secretary and discharge the ballast water in tions on the discharge of vessel ballast water minimum dimension and more than 10 mi- accordance with paragraph (6). A request for or sediment containing aquatic nuisance spe- crometers in minimum dimension; a waiver under this subparagraph shall be cies are warranted. ‘‘(C) concentrations of indicator microbes submitted to the Secretary at such time and ‘‘(C) STATE WATERS.—The Governor of any that are less than— in such form and manner as the Secretary State may submit a written petition to the ‘‘(i) 1 colony-forming unit of toxicogenic may require. Secretary to designate an area of State wa- Vibrio cholera (serotypes O1 and O139) per ‘‘(B) SUBSTANTIAL BUSINESS HARDSHIP.—For ters that meets the criteria established 100 milliliters or less than 1 colony-forming purposes of subparagraph (A), the factors under subparagraph (B) of this paragraph. unit of that microbe per gram of wet weight taken into account in determining substan- The petition shall include a detailed analysis of zoological samples; tial business hardship shall include wheth- as to how the area proposed to be designated ‘‘(ii) 126 colony-forming units of esch- meets those criteria. An area may not be er— erichia coli per 100 milliliters; and designated under this paragraph until the ‘‘(i) compliance with the requirements of ‘‘(iii) 33 colony-forming units of intestinal Secretary determines, based on evidence pro- paragraph (3)(B) would require a sufficiently enterococci per 100 milliliters; and vided by the Governor, that adequate alter- great change in routing or scheduling of ‘‘(D) concentrations of such additional in- native areas or reception facilities for dis- service as to compromise the economic or dicator microbes and of viruses as may be charging ballast water or sediment are avail- commercial viability of the trade or business specified in regulations issued by the Sec- able. Within 180 days after receiving such a in which the vessel is operated; or retary and the Administrator, after con- petition, the Secretary shall— ‘‘(ii) it is reasonable to expect that the ‘‘(i) make a determination as to whether sultation with other appropriate Federal trade or business or service provided will be the proposal meets the requirements of this agencies as determined by the Secretary and continued only if a waiver is granted under paragraph for designation; and the Administrator, that are less than the subparagraph (A). ‘‘(ii) either— amount specified in those regulations. ‘‘(6) PERMISSIBLE DISCHARGE.— ‘‘(I) publish a written notice of the petition ‘‘(2) RECEPTION FACILITY EXCEPTION.— ‘‘(A) IN GENERAL.—The discharge of ballast and the proposed restrictions in the Federal ‘‘(A) IN GENERAL.—Paragraph (1) does not water shall be considered to be carried out in Register; or apply to a vessel that discharges ballast accordance with this paragraph if it is— ‘‘(II) notify the Governor in writing that water into— ‘‘(i) in an area designated for that purpose the area proposed for designation does not ‘‘(i) a land-based facility for the reception by the Secretary, after consultation with the qualify for designation under this paragraph of ballast water that meets standards issued Under Secretary, the heads of other appro- and include in the notice a detailed expla- by the Administrator; or priate Federal agencies as determined by the nation of why the area does not qualify for ‘‘(ii) a water-based facility for the recep- Secretary, and representatives of any State designation under this paragraph. tion of ballast water that meets standards that may be affected by discharge of ballast ‘‘(D) PROCEDURE; DEADLINE.—Before desig- issued by the Secretary. water in that area; or nating any area in response to a petition ‘‘(B) ISSUANCE OF STANDARDS.—Not later ‘‘(ii) into a reception facility described in under subparagraph (C), the Secretary, after than one year after the date of enactment of subsection (f)(2). providing an opportunity for public com- the Ballast Water Treatment Act of 2008, the ‘‘(B) LIMITATION ON VOLUME.—The volume ment, shall publish notice in the Federal Secretary, in consultation with the heads of of any ballast water discharged under this Register of the proposed designation. The other appropriate Federal agencies as deter- paragraph may not exceed the volume nec- Secretary and the Under Secretary shall mined by the Secretary, shall issue stand- essary to ensure the safe operation of the make such information available through ards for— vessel. other appropriate mechanisms, including a ‘‘(i) the reception of ballast water in land- ‘‘(7) CERTAIN GEOGRAPHICALLY LIMITED notice to mariners and inclusion on nautical based and water-based reception facilities; ROUTES.—Notwithstanding paragraph (1), the charts. and operator of a vessel is not required to comply ‘‘(E) EFFECT ON STATE LAW.—Nothing in ‘‘(ii) the disposal or treatment of such bal- with the requirements of this subsection and this paragraph supersedes any State law in last water in a way that does not impair or subsection (h)(1)— effect as of January 1, 2007, that restricts the damage the environment, human health, ‘‘(A) if the vessel operates exclusively— discharge of ballast water or sediment in property, or resources. ‘‘(i) within the Great Lakes ecosystem; or State waters and requires such discharges to ‘‘(3) TREATMENT SYSTEM IMPLEMENTATION.— ‘‘(ii) between or among the main group of be made into reception facilities. ‘‘(A) IMO STANDARD IMPLEMENTATION.—A the Hawaiian Islands; or ‘‘(9) VESSELS WITHOUT PUMPABLE BALLAST vessel to which this section applies shall ‘‘(B) if the vessel operates exclusively WATER OR WITH NO BALLAST ON BOARD.—Not have a ballast water treatment system that within any area with respect to which the later than 180 days after the date of enact- meets the standards provided under Regula- Secretary has determined, after consultation ment of the Ballast Water Treatment Act of tion D–2 of the International Convention for with the Under Secretary, the Adminis- 2008, the Secretary shall promulgate regula- the Control and Management of Ships’ Bal- trator, and representatives of States the wa- tions to minimize the discharge of invasive last Water and Sediments as signed on Feb- ters of which would be affected by the dis- species from vessels entering a United States ruary 13, 2004, beginning on the date of the charge of ballast water from the vessel, that port or place from outside the United States first drydocking of the vessel after December the risk of introducing aquatic nuisance spe- exclusive economic zone that do not ex- 31, 2008. cies through ballast water discharge in the change their ballast water pursuant to para- ‘‘(B) UNITED STATES STANDARD IMPLEMEN- areas in which the vessel operates is insig- graph (1)(A)(iii) of this subsection and claim TATION.—Paragraph (1) applies to a vessel to nificant. no ballast on board, or that claim to be car- which this section applies beginning on the ‘‘(8) NATIONAL MARINE SANCTUARIES AND rying only unpumpable quantities of ballast, date of the first drydocking of the vessel OTHER PROHIBITED AREAS.— including, at a minimum, a requirement after December 31, 2011, but not later than ‘‘(A) IN GENERAL.—A vessel may not con- that— December 31, 2013. duct ballast water exchange or discharge bal- ‘‘(A) such a ship shall conduct saltwater ‘‘(C) PERIOD FOR USE OF EQUIPMENT.—The last water under this subsection— flushing of ballast water tanks— Secretary shall allow a vessel using a treat- ‘‘(i) within a national marine sanctuary ‘‘(i) outside the exclusive economic zone; ment system installed under this subsection designated under the National Marine Sanc- or to continue to use that system for 10 years tuaries Act (16 U.S.C. 1431 et seq.); ‘‘(ii) at a designated alternative exchange after the date on which that system was first ‘‘(ii) a marine national monument des- site; and placed in service on the vessel. ignated under the Act of June 8, 1906 (chap- ‘‘(B) before being allowed entry into the ‘‘(4) TREATMENT SYSTEM APPROVAL RE- ter 3060; 16 U.S.C. 433 et seq.), popularly Great Lakes beyond the St. Lawrence Sea- QUIRED.—The operator of a vessel to which known as the Antiquities Act of 1906; way, the master of such a vessel shall certify this section applies may not use a ballast ‘‘(iii) a national park; that the vessel has complied with each appli- water treatment system to comply with the ‘‘(iv) in waters that are approved by the cable requirement under this subsection. requirements of this subsection unless the Administrator as a nondischarge zone under ‘‘(f) BALLAST WATER TREATMENT REQUIRE- system is approved by the Secretary. The section 312(n)(7) of the Federal Water Pollu- MENTS.— Secretary, in consultation with the Adminis- tion Control Act (33 U.S.C. 1322(n)(7)); or ‘‘(1) PERFORMANCE STANDARDS.—A vessel to trator, shall issue regulations establishing a ‘‘(v) in any other waters designated by the which this section applies shall conduct bal- process for such approval, after consultation Secretary, in consultation with the Under last water treatment in accordance with the with the heads of other appropriate Federal Secretary and the Administrator. requirements of this subsection before dis- agencies as determined by the Secretary.

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.007 H24APPT1 smartinez on PROD1PC64 with HOUSE April 24, 2008 CONGRESSIONAL RECORD — HOUSE H2697

‘‘(5) RELIANCE ON CERTAIN REPORTS, DOCU- nologies that are likely to result in treat- ‘‘(10) NONAPPLICABILITY OF VESSELS OPER- MENTS, AND RECORDS.—In approving a ballast ment technologies achieving a standard that ATING EXCLUSIVELY IN DETERMINED AREA.— water treatment system under this sub- is the same as or more stringent than the ‘‘(A) IN GENERAL.—Except as provided in section, the Secretary may rely on reports, standard that applies under paragraph (1) be- subparagraph (D), paragraph (1) does not documents, and records of persons that meet fore the first date on which paragraph (1) ap- apply to a vessel that operates exclusively such requirements as the Secretary may pre- plies to that vessel, the Secretary shall allow within a geographically limited area if the scribe. the vessel to use that technology for a 10- Secretary and the Administrator have deter- ‘‘(6) FEASIBILITY REVIEW.— year period and such vessel shall be deemed mined through a rulemaking proceeding, ‘‘(A) IN GENERAL.—Not less than 2 years be- to be in compliance with the requirements of after consultation with the heads of other fore January 1, 2012, the Secretary, in con- paragraph (1) during that 10-year period. appropriate Federal agencies as determined sultation with the Administrator, shall com- ‘‘(B) VESSEL DIVERSITY.—The Secretary— by the Secretary and the Administrator, and plete a review to determine whether appro- ‘‘(i) shall seek to ensure that a wide vari- representatives of States the waters of which priate technologies are available to achieve ety of vessel types and voyages are included could be affected by the discharge of ballast the performance standards set forth in para- in the program; but water from the vessel, that the risk of intro- graph (1). In reviewing the technologies the ‘‘(ii) may not grant a delay under this ducing aquatic nuisance species through bal- Secretary, the Administrator, and the heads paragraph to more than 5 percent of the ves- last water discharge from the vessel is insig- of other appropriate Federal agencies as de- sels to which this section applies. nificant. termined by the Secretary, shall consider— ‘‘(B) CERTAIN VESSELS.—A vessel con- ‘‘(C) TERMINATION OF GRACE PERIOD.—The ‘‘(i) the effectiveness of a technology in structed before January 1, 2001, that operates Secretary may terminate the 10-year grace achieving the standards; exclusively within the Great Lakes eco- period of a vessel under subparagraph (A) if— ‘‘(ii) feasibility in terms of compatibility system shall be presumed not to pose a sig- ‘‘(i) the participation of the vessel in the with ship design and operations; nificant risk of introducing aquatic nuisance program is terminated without the consent ‘‘(iii) safety considerations; species unless the Secretary and the Admin- of the Secretary; ‘‘(iv) whether a technology has an adverse istrator find otherwise in a rulemaking pro- ‘‘(ii) the vessel does not comply with man- impact on the environment; and ceeding under subparagraph (A). ufacturer’s standards for operating the bal- ‘‘(v) cost effectiveness. ‘‘(C) BEST PRACTICES.—The Secretary and last water treatment technology used on ‘‘(B) DELAY IN SCHEDULED APPLICATION.—If the Administrator shall develop, and require the Secretary, in consultation with the Ad- such vessel; or a vessel exempted from complying with the ministrator, determines, on the basis of the ‘‘(iii) the Secretary determines that the requirements of paragraph (1) under this review conducted under subparagraph (A), approved technology is insufficiently effec- paragraph to follow, best practices to mini- and after an opportunity for a public hear- tive or is causing harm to the environment. mize the spreading of aquatic nuisance spe- ing, that technology that complies with the ‘‘(8) REVIEW OF STANDARDS.— cies in its operation area. The best practices standards set forth in paragraph (1) in ac- ‘‘(A) IN GENERAL.—In December 2012 and shall be developed in consultation with the cordance with the schedule set forth in para- every third year thereafter, the Adminis- Governors of States that may be affected. graph (3) is not available for any class of ves- trator and the Secretary shall complete re- ‘‘(D) STOPPING THE SPREAD OF INFECTIOUS sels, the Secretary shall require use of tech- view of ballast water treatment standards in DISEASE.—The Secretary, at the request of nology that achieves the performance levels effect under this subsection to determine, the Secretary of Agriculture, shall require a of the best performing technology available. after consultation with the heads of other vessel to which paragraph (1) does not apply If the Secretary finds that no technology is appropriate Federal agencies determined by in accordance with subparagraph (A) to have available that will achieve the standards set the Administrator and the Secretary, if the a ballast water treatment system approved forth in paragraph (1), then the Secretary standards under this subsection should be re- by the Secretary under this subsection to shall— vised to reduce the amount of organisms or stop the spread of infectious diseases to ‘‘(i) extend the date on which that para- microbes allowed to be discharged, taking plants and animals as otherwise authorized graph applies to vessels for a period of not into account improvements in the scientific by law. more than 24 months; and understanding of biological processes leading ‘‘(11) TESTING PROTOCOLS AND LABORA- ‘‘(ii) recommend action to ensure that to the spread of aquatic nuisance species and TORIES.— compliance with the extended date schedule improvements in ballast water treatment ‘‘(A) IN GENERAL.—The Secretary and the for that subparagraph is achieved. technology. The Administrator and the Sec- Administrator, shall, no later than 90 days ‘‘(C) MORE PROTECTIVE STANDARDS; EARLIER retary shall revise, by regulation, the re- after the date of enactment of the Ballast IMPLEMENTATION.— quirements of this subsection as necessary. Water Treatment Act of 2008 and without re- ‘‘(i) PERFORMANCE STANDARDS.—If the Sec- ‘‘(B) APPLICATION OF ADJUSTED STAND- gard to chapter 5 of title 5, United States retary and the Administrator determine that ARDS.—In the regulations, the Secretary and Code, issue interim protocols for verifying ballast water treatment technology exists the Administrator shall provide for the pro- the performance of ballast water treatment that exceeds the performance standards re- spective application of the adjusted stand- technologies required by this Act, criteria quired under paragraph (1), the Secretary ards issued under this paragraph to vessels for certifying laboratories to evaluate such and the Administrator shall, for any class of constructed after the date on which the ad- technologies, and procedures for approving vessels, revise the performance standards to justed standards apply and for an orderly treatment equipment and systems for ship- incorporate the higher performance stand- phase-in of the adjusted standards to exist- board use. ards. ing vessels. ‘‘(B) PROTOCOLS AND PROCEDURES FOR ‘‘(ii) IMPLEMENTATION.—If the Secretary ‘‘(9) HIGH-RISK VOYAGES.— TREATMENT TECHNOLOGIES.—In developing and the Administrator determine that tech- ‘‘(A) VESSEL LIST.—Not later than one year protocols and procedures for verifying and nology that achieves the applicable perform- after the date of enactment of the Ballast approving treatment technologies, the Sec- ance standards required under paragraph (1) Water Treatment Act of 2008, the Secretary retary and the Administrator, shall consider can be implemented earlier than required by shall publish and regularly update a list of using existing protocols and procedures in- this subsection, the Secretary and the Ad- vessels, not equipped with ballast water cluding methods used as part of the Ballast ministrator shall, for any class of vessels, ac- equipment under this section, identified by Water Management Demonstration Program celerate the implementation schedule under the States that, due to factors such as the by the Environmental Protection Agency as paragraph (3). If the Secretary and the Ad- origin of their voyages, the frequency of a part of its Environmental Testing & ministrator accelerate the implementation their voyages, the volume of ballast water Verification Program, or by the Secretary as schedule pursuant to this clause, the Sec- they carry, the biological makeup of the bal- part of the Coast Guard’s Shipboard Tech- retary and the Administrator shall provide last water, and the fact that they frequently nology Evaluation Program. at least 24 months notice before such accel- discharge ballast water under an exception ‘‘(C) LABORATORIES.—The Secretary and erated implementation goes into effect. to subsection (e), pose a high risk of intro- the Administrator shall utilize Federal or ‘‘(iii) DETERMINATIONS NOT MUTUALLY EX- ducing aquatic nuisance species into the wa- non-Federal laboratories that meet stand- CLUSIVE.—The Secretary and the Adminis- ters of those States. ards established by the Secretary for the trator shall take action under both clause (i) ‘‘(B) INCENTIVE PROGRAMS.—The Secretary purpose of evaluating and certifying ballast and clause (ii) if the Secretary and the Ad- shall give priority to vessels on the list for water treatment technologies and equipment ministrator make determinations under both participation in a program described in para- under this subsection. clauses. graph (7). Any Federal agency, and any State ‘‘(D) REQUIREMENTS; UPDATES.—The Sec- ‘‘(7) DELAY OF APPLICATION FOR VESSEL PAR- agency with respect to vessels identified by retary and the Administrator shall periodi- TICIPATING IN PROMISING TECHNOLOGY EVALUA- such State to the Secretary for inclusion on cally review and, if necessary, revise the cri- TIONS.— a list under subparagraph (A), may develop teria, protocols, and procedures developed ‘‘(A) IN GENERAL.—If a vessel participates and implement technology development pro- under this paragraph. in a program, including the Shipboard Tech- grams or other incentives (whether positive ‘‘(12) PROGRAM TO SUPPORT THE PROMULGA- nology Evaluation Program established or negative) in order to encourage the adop- TION AND IMPLEMENTATION OF STANDARDS.— under section 1104, using a technology ap- tion of ballast water treatment technology ‘‘(A) IN GENERAL.—The Secretary and the proved by the Secretary to test and evaluate by those vessels consistent with the require- Administrator, in coordination with the promising ballast water treatment tech- ments of this section on an expedited basis. Under Secretary, the Task Force and other

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.007 H24APPT1 smartinez on PROD1PC64 with HOUSE H2698 CONGRESSIONAL RECORD — HOUSE April 24, 2008

appropriate Federal agencies, shall carry out ance for modifications and practices under ‘‘(iii) COMPELLING COMPLIANCE WITH SUB- a coordinated program to support the pro- subparagraph (B). The Secretary shall incor- POENAS.—In case of refusal to obey a sub- mulgation and implementation of standards porate the standards and guidance in the poena issued under this subparagraph, the under this subsection to prevent the intro- regulations governing the ballast water man- Secretary may request the Attorney General duction and spread of aquatic invasive spe- agement plan approved under subsection (c). to invoke the aid of the appropriate district cies by vessels. The program established ‘‘(3) SEDIMENT RECEPTION FACILITIES.— court of the United States to compel compli- under this section shall, at a minimum— ‘‘(A) STANDARDS.—The Secretary, in con- ance. ‘‘(i) characterize physical, chemical, and sultation with the heads of other appropriate ‘‘(4) STATE PROGRAMS.— biological harbor conditions relevant to bal- Federal agencies as determined by the Sec- ‘‘(A) SUBMISSION TO SECRETARY.—At any last discharge into United States waters to retary, shall issue regulations governing fa- time after the date of issuance of ballast inform the design and implementation of cilities for the reception of vessel sediment water treatment regulations issued under ship vector control technologies and prac- from spaces designed to carry ballast water this section, the Governor of each State de- tices; that provide for the disposal of such sedi- siring to administer its own inspection and ‘‘(ii) develop testing protocols for deter- ment in a way that does not impair or dam- enforcement authority for ballast water dis- mining the effectiveness of vessel vector age the environment, human health, or prop- charges within its jurisdiction may submit monitoring and control technologies and erty or resources of the disposal area. to the Secretary a complete description of practices; ‘‘(B) DESIGNATION.—The Secretary, in con- the program the Governor proposes to estab- ‘‘(iii) demonstrate methods for mitigating sultation with the heads of other appropriate lish and administer under State law. In addi- the spread of invasive species by coastal voy- Federal agencies as determined by the Sec- tion, the Governor shall submit a statement ages, including exploring the effectiveness of retary shall designate facilities for the re- from the attorney general that the laws of alternative exchange zones in the near coast- ception of vessel sediment that meet the re- such State provide adequate authority to al areas and other methods proposed to re- quirements of the regulations issued under carry out the described program. duce transfers of organisms; subparagraph (A) at ports and terminals ‘‘(B) APPROVAL.—The Secretary shall ap- ‘‘(iv) verify the practical effectiveness of where ballast tanks are cleaned or repaired. prove a program submitted under subpara- any process for approving a type of alter- ‘‘(i) EXAMINATIONS AND CERTIFICATIONS.— graph (A), unless the Secretary determines native ballast water management as meeting ‘‘(1) INITIAL EXAMINATION.— that adequate resources do not exist or, in standards established under this subsection, ‘‘(A) IN GENERAL.—The Secretary shall ex- to ensure that the process produces repeat- amine vessels to which this section applies the case of ballast water testing, that ade- able and accurate assessments of treatment to determine whether— quate scientific expertise does not exist— effectiveness; and ‘‘(i) there is a ballast water management ‘‘(i) to inspect, monitor, and board any ves- ‘‘(v) evaluate the effectiveness and residual plan for the vessel that is approved by the sel to which this section applies at any time, risk and environmental impacts associated Secretary and a ballast water record book on including the taking and testing of ballast with any standard set with respect to the the vessel that meets the requirements of water samples, to ensure the vessel’s compli- vessel pathways. subsection (d); ance with this section; ‘‘(B) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(ii) the equipment used for ballast water ‘‘(ii) to ensure that any ballast water dis- In addition to other amounts authorized by and sediment management in accordance charged within the waters subject to the ju- this title, to carry out this paragraph there with the requirements of this section and the risdiction of the State meet the ballast are authorized to be appropriated $1,500,000 regulations issued under this section is in- water requirements of this section and the to the Secretary and $1,500,000 to the Under stalled and functioning properly. regulations issued under this section, includ- Secretary for each of fiscal years 2008 ‘‘(B) NEW VESSELS.—For vessels con- ing any revisions to such requirements and through 2012. structed on or after January 1, 2009, the Sec- regulations; ‘‘(g) WARNINGS CONCERNING BALLAST retary shall conduct the examination re- ‘‘(iii) to establish adequate procedures for WATER UPTAKE.— quired by subparagraph (A) before the vessel reporting violations of this section; ‘‘(1) IN GENERAL.—The Secretary shall no- is placed in service. ‘‘(iv) to investigate and abate violations of tify vessel owners and operators of any area ‘‘(C) EXISTING VESSELS.—For vessels con- this section, including civil and criminal in waters subject to the jurisdiction of the structed before January 1, 2009, the Sec- penalties and other ways and means of en- United States in which vessels may not up- retary shall— forcement; and take ballast water due to known conditions. ‘‘(i) conduct the examination required by ‘‘(v) to ensure that the Secretary receives ‘‘(2) CONTENTS.—The notice shall include— subparagraph (A) before the date on which notice of each violation of the ballast water ‘‘(A) the coordinates of the area; and subsection (f)(1) applies to the vessel accord- treatment requirements issued under this ‘‘(B) if possible, the location of alternative ing to the schedule in subsection (f)(3); and section in an expeditious manner. areas for the uptake of ballast water. ‘‘(ii) inspect the vessel’s ballast water ‘‘(C) COMPLIANCE.—Any State program ap- ‘‘(h) SEDIMENT MANAGEMENT.— record book required by subsection (d). proved under this paragraph shall at all ‘‘(1) IN GENERAL.—The operator of a vessel ‘‘(D) FOREIGN VESSEL.—In the case of a for- times be conducted in accordance with this to which this section applies may not re- eign vessel, the Secretary shall perform the section and regulations issued under this move or dispose of sediment from spaces de- examination required by this paragraph the section. signed to carry ballast water, except— first time the vessel enters a United States ‘‘(D) WITHDRAWAL OF APPROVAL.—Whenever ‘‘(A) in accordance with this subsection port. the Secretary determines, after public hear- and the ballast water management plan ap- ‘‘(2) SUBSEQUENT EXAMINATIONS.—In addi- ing, that a State is not administering a pro- proved under subsection (c); and tion to the examination required by para- gram approved under this paragraph in ac- ‘‘(B)(i) more than 200 nautical miles from graph (1), the Secretary shall annually exam- cordance with this section and regulations the nearest point of land; or ine vessels to which this section applies, to issued under this section, the Secretary shall ‘‘(ii) into a reception facility that meets ensure compliance with the requirements of notify the State and, if appropriate correc- the requirements of paragraph (3). this section and the regulations issued under tive action is not taken within a reasonable ‘‘(2) DESIGN REQUIREMENTS.— this section. period of time not to exceed 90 days, the Sec- ‘‘(A) NEW VESSELS.—After December 31, ‘‘(3) INSPECTION AUTHORITY.— retary shall withdraw approval of the pro- 2008, a vessel to which this section applies ‘‘(A) IN GENERAL.—The Secretary may gram. The Secretary shall not withdraw ap- may not be operated on waters subject to the carry out inspections of any vessel to which proval of any program unless the Secretary jurisdiction of the United States, unless that this section applies at any time, including shall first have notified the State, and made vessel is designed and constructed in accord- the taking of ballast water samples, to en- public, in writing, the reasons for such with- ance with regulations issued under subpara- sure compliance with this section. The Sec- drawal. graph (C) and in a manner that— retary shall use all appropriate and practical ‘‘(E) LIMITATION ON STATUTORY CONSTRUC- ‘‘(i) minimizes the uptake and entrapment measures of detection and environmental TION.—Nothing in this paragraph shall limit of sediment; monitoring such vessels and shall establish the authority of the Secretary carry out in- ‘‘(ii) facilitates removal of sediment; and adequate procedures for reporting violations spections and investigations of any vessels ‘‘(iii) provides for safe access for sediment of this section and accumulating evidence under paragraph (3). removal and sampling. regarding such violations. ‘‘(5) REQUIRED CERTIFICATE.—If, on the ‘‘(B) EXISTING VESSELS.—A vessel to which ‘‘(B) INVESTIGATIONS.— basis of an initial examination under para- this section applies that was constructed be- ‘‘(i) IN GENERAL.—Upon receipt of evidence graph (1), the Secretary finds that a vessel fore January 1, 2009, shall be modified, to the that a violation of this section or a regula- complies with the requirements of this sec- extent practicable, at the first drydocking of tion issued under this section has occurred, tion and the regulations issued under this the vessel after December 31 2008, but not the Secretary shall cause the matter to be section, the Secretary shall issue a certifi- later than December 31, 2013, to achieve the investigated. cate under this paragraph as evidence of objectives described in subparagraph (A). ‘‘(ii) ISSUANCE OF SUBPOENAS.—In an inves- such compliance. The certificate shall be ‘‘(C) REGULATIONS.—The Secretary shall tigation under this subparagraph, the Sec- valid for a period of not more than 5 years, issue regulations establishing design and retary may issue subpoenas to require the as specified by the Secretary. The certificate construction standards to achieve the objec- attendance of any witness and the produc- or a true copy shall be maintained on board tives of subparagraph (A) and providing guid- tion of documents and other evidence. the vessel.

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.007 H24APPT1 smartinez on PROD1PC64 with HOUSE April 24, 2008 CONGRESSIONAL RECORD — HOUSE H2699

‘‘(6) NOTIFICATION OF VIOLATIONS.—If the vessel required by section 60105 of title 46, such law and also violations of this Act or Secretary finds, on the basis of an examina- United States Code, if the owner or operator the imposition by a State of incentives under tion under paragraph (1) or (2), investigation of that vessel is in violation of this section subsection (f)(9)(B) shall not be considered to under paragraph (3), or any other informa- or a regulation issued under this section. be inconsistent, or to conflict, with the re- tion, that a vessel is being operated in viola- ‘‘(l) ENFORCEMENT.— quirements of subsections (e) and (f). tion of any requirement of this section or ‘‘(1) ADMINISTRATIVE ACTIONS.—If the Sec- ‘‘(3) RECEPTION FACILITIES.—The standards regulation issued under this section, the Sec- retary finds, after notice and an opportunity issued by the Secretary or the heads of other retary shall— for a hearing, that a person has violated this appropriate Federal agencies under sub- ‘‘(A) notify, in writing— section or a regulation issued under this sec- section (f)(2) do not supersede any more ‘‘(i) the master of the vessel; and tion, the Secretary may assess a civil pen- stringent standard under any otherwise ap- ‘‘(ii) the captain of the port at the vessel’s alty for that violation. In determining the plicable Federal, State, or local law. next port of call; amount of the civil penalty, the Secretary ‘‘(4) LIMITATION ON APPLICATION.—Until ‘‘(B) remove from the vessel the certificate shall take into account the nature, cir- January 1, 2012, this subsection does not issued under paragraph (5); cumstances, extent, and gravity of the pro- apply to a State law requiring ballast water ‘‘(C) take such other action as may be ap- hibited acts committed and, with respect to treatment and any regulations prescribed propriate. the violator, the degree of culpability, any under that law as those laws and regulations ‘‘(7) COMPLIANCE MONITORING.— history of prior violations, and such other were in effect on January 1, 2007. ‘‘(A) IN GENERAL.—The Secretary shall es- matters as justice may require. ‘‘(r) LEGAL ACTIONS.— tablish, by regulation, sampling and other ‘‘(2) CIVIL ACTIONS.—At the request of the ‘‘(1) CIVIL ACTION.—Any person may peti- procedures to monitor compliance with the Secretary, the Attorney General may bring a tion the Secretary to bring a civil action in requirements of this section and the regula- civil action in an appropriate district court an appropriate district court of the United tions issued under this section. of the United States to enforce this section States to enforce this section, or any regula- ‘‘(B) USE OF MARKERS.—The Secretary may or any regulation issued under this section. tion promulgated hereunder. Within 90 days verify compliance with the discharge re- Any court before which such an action is after receiving such a petition, the Secretary quirements of subsection (f) and the regula- brought may award appropriate relief, in- shall— tions issued under this section with respect cluding temporary or permanent injunctions ‘‘(A) respond to the person filing the peti- to such requirements through identification and civil penalties. tion with a determination of whether a vio- of markers associated with a treatment tech- ‘‘(m) CONSULTATION WITH CANADA, MEXICO, lation of this section, or any regulation pro- nology’s effectiveness, such as the presence AND OTHER FOREIGN GOVERNMENTS.—In de- mulgated hereunder, has occurred or is oc- of indicators associated with a certified veloping the guidelines and regulations to be curring; and treatment technology. issued under this section, the Secretary is ‘‘(B) if the Secretary determines that a ‘‘(8) EDUCATION AND TECHNICAL ASSISTANCE encouraged to consult with the Government violation of this section, or any regulation PROGRAMS.—The Secretary may carry out of Canada, the Government of Mexico and promulgated hereunder, has occurred or is education and technical assistance programs any other government of a foreign country occurring— and other measures to promote compliance that the Secretary, after consultation with ‘‘(i) immediately bring a civil action in an with the requirements of this section and the the Task Force, determines to be necessary appropriate district court of the United regulations issued under this section. to develop and implement an effective inter- States to enforce this section, or any regula- ‘‘(9) REPORT.—Beginning 1 year after final national program for preventing the unin- tion promulgated hereunder; or regulations have been adopted pursuant to tentional introduction and spread of aquatic ‘‘(ii) demonstrate that the violation has this section after the enactment of the Bal- nuisance species through ballast water. ceased. last Water Treatment Act of 2008, and annu- ‘‘(n) INTERNATIONAL COOPERATION.—The ‘‘(2) RELIEF.—Any court before which such ally thereafter, the Secretary shall prepare a Secretary, in cooperation with the Under an action is brought may award appropriate report summarizing the results of ballast Secretary, the Secretary of State, the Ad- relief, including temporary or permanent in- water inspection and enforcement activities. ministrator, the heads of other relevant Fed- junctive relief and civil penalties. The report shall, at a minimum, include in- eral agencies, the International Maritime formation on the number of vessels inspected Organization of the United Nations, and the ‘‘(s) COAST GUARD REPORT ON OTHER and the type of inspections, the status of im- Commission on Environmental Cooperation SOURCES OF VESSEL-BOURNE NUISANCE SPE- plementation of treatment technologies, the established pursuant to the North American CIES.— number of exemptions claimed from ballast Free Trade Agreement, is encouraged to ‘‘(1) IN GENERAL.— water exchange requirements, the number of enter into negotiations with the govern- ‘‘(A) HULL-FOULING AND OTHER VESSEL violations, a summary of enforcement and ments of foreign countries to develop and SOURCES.—Not later than 180 days after the regulatory actions, and overall compliance implement an effective international pro- date of enactment of the Ballast Water statistics. The report shall be made available gram for preventing the unintentional intro- Treatment Act of 2008, the Secretary shall on the National Ballast Information Clear- duction and spread of aquatic invasive spe- transmit a report to the Committee on Com- inghouse established under section 1102(f). cies. The Secretary is particularly encour- merce, Science, and Transportation of the ‘‘(j) DETENTION OF VESSELS.—The Sec- aged to seek bilateral or multilateral agree- Senate and the Committee on Transpor- retary, by notice to the owner, charterer, ments with Canada, Mexico, and other na- tation and Infrastructure of the House of managing operator, agent, master, or other tions in the Wider Caribbean Region (as de- Representatives on vessel-related pathways individual in charge of a vessel, may detain fined in the Convention for the Protection of harmful aquatic organisms and pathogens that vessel if the Secretary has reasonable and Development of the Marine Environment other than ballast water and sediment, in- cause to believe that— of the Wider Caribbean, signed at Cartagena cluding vessel hulls and equipment, and from ‘‘(1) the vessel is a vessel to which this sec- on March 24, 1983 (TIAF 11085), to carry out vessels equipped with ballast tanks that tion applies; and the objectives of this section. carry no ballast water on board. ‘‘(2) the vessel does not comply with any ‘‘(o) NONDISCRIMINATION.—The Secretary ‘‘(B) BEST PRACTICES.— requirement of this section or regulation shall ensure that foreign vessels do not re- ‘‘(i) IN GENERAL.—As soon as practicable, issued under this section or is being operated ceive more favorable treatment than vessels the Secretary shall develop best practices in violation of such a requirement or regula- of the United States when the Secretary per- standards and procedures designed to reduce tion. forms studies, reviews compliance, deter- the introduction and spread of invasive spe- ‘‘(k) SANCTIONS.— mines effectiveness, establishes require- cies into and within the United States from ‘‘(1) CIVIL PENALTIES.—Any person who vio- ments, or performs any other responsibilities vessels and establish a timeframe for imple- lates this section (including a regulation under this Act. mentation of those standards and procedures issued under this section) shall be liable for ‘‘(p) CONSULTATION WITH TASK FORCE.—The by vessels. Such standards and procedures a civil penalty in an amount not to exceed Secretary shall consult with the Task Force shall include designation of geographical lo- $32,500. Each day of a continuing violation in carrying out this section. cations for uptake and discharge of un- constitutes a separate violation. A vessel op- ‘‘(q) PREEMPTION.— treated ballast water, as well as standards erated in violation of this section (including ‘‘(1) IN GENERAL.—Except as provided in and procedure for other vessel pathways of a regulation issued under this section) is lia- subsection (i)(4) and paragraph (4) of this aquatic invasive species. ble in rem for any civil penalty assessed subsection but notwithstanding any other ‘‘(ii) REPORT.—The Secretary shall trans- under this subsection for that violation. provision of law, the provisions of sub- mit a report to the committees referred to in ‘‘(2) CRIMINAL PENALTIES.—Whoever know- sections (e) and (f) supersede any provision of subparagraph (A) describing the standards ingly violates this section (including a regu- State or local law that is inconsistent with and procedures developed under this subpara- lation issued under this section) shall be the requirements of those subsections or graph and the implementation timeframe, fined under title 18, United States, or impris- that conflicts with the requirements of those together with such recommendations as the oned not more than 12 years, or both. subsections. Secretary determines appropriate. ‘‘(3) REVOCATION OF CLEARANCE.—Except as ‘‘(2) GREATER PENALTIES OR FEES.—For pur- ‘‘(iii) REGULATIONS.—The Secretary may provided in subsection (j)(2), upon request of pose of paragraph (1), the imposition by issue regulations to incorporate and enforce the Secretary, the Secretary of the Treasury State or local law of greater penalties or fees standards and procedures developed under shall withhold or revoke the clearance of a for acts or omissions that are violations of this paragraph.

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.007 H24APPT1 smartinez on PROD1PC64 with HOUSE H2700 CONGRESSIONAL RECORD — HOUSE April 24, 2008

‘‘(2) TRANSITING VESSELS.—Not later than ‘‘(16) ‘major conversion’ means a conver- the date of enactment of the Ballast Water 180 days after the date of enactment of the sion of a vessel, that— Treatment Act of 2008; and Ballast Water Treatment Act of 2008, the ‘‘(A) changes its ballast water carrying ca- ‘‘(B) a report on the results of the surveys Secretary shall transmit a report to the pacity by at least 15 percent; required under subparagraph (C) of para- Committee on Commerce, Science, and ‘‘(B) changes the vessel class; graph (1) upon completion of each dem- Transportation of the Senate and the Com- ‘‘(C) is projected to prolong the vessel’s life onstration concerned.’’; mittee on Transportation and Infrastructure by at least 10 years (as determined by the (2) in subsection (b)(1)(B)(ii), by striking of the House of Representatives containing— Secretary); or ‘‘guidelines issued and’’; ‘‘(A) an assessment of the magnitude and ‘‘(D) results in modifications to the ves- (3) in subsection (b)(2)(B)(ii), by striking potential adverse impacts of ballast water sel’s ballast water system, except— ‘‘voluntary guidelines issued, and regula- operations from foreign vessels designed, ‘‘(i) component replacement-in-kind; or tions promulgated,’’ and inserting ‘‘regula- adapted, or constructed to carry ballast ‘‘(ii) conversion of a vessel to meet the re- tions promulgated’’; water that are transiting waters subject to quirements of section 1101(e);’’; (4) in subsection (c)(1), by striking ‘‘section the jurisdiction of the United States; and (8) by inserting after paragraph (18), as so 1101(b)’’ and inserting ‘‘section 1101(a)’’; and ‘‘(B) recommendations, including legisla- redesignated, the following: (5) in subsection (f)(1)(B), by striking tive recommendations if appropriate, of op- ‘‘(19) ‘sediment’ means matter that has set- ‘‘guidelines issued pursuant to section tions for addressing ballast water operations tled out of ballast water within a vessel;’’; 1101(c)’’ and inserting ‘‘regulations issued of those vessels.’’. (9) in paragraph (12), as so redesignated, by pursuant to section 1101’’. SEC. 505. BALLAST WATER MANAGEMENT EVAL- (b) DEFINITIONS.—Section 1003 of the Non- striking the period at the end and inserting UATION AND DEMONSTRATION PRO- indigenous Aquatic Nuisance Prevention and a semicolon; (10) by inserting after paragraph (23), as so GRAM. Control Act of 1990 (16 U.S.C. 4702) is amend- Section 1104 (16 U.S.C. 4714) is amended— redesignated and moved, the following: ed— (1) by striking the section heading and in- ‘‘(24) ‘United States port’ means a port, (1) by redesignating— serting the following: (A) paragraphs (1), (2), and (3) as para- river, harbor, or offshore terminal under the jurisdiction of the United States, including ‘‘SEC. 1104. BALLAST WATER TREATMENT TECH- graphs (2), (3), and (4), respectively; NOLOGY EVALUATION AND DEM- (B) paragraphs (4), (5), and (6) as para- ports located in Puerto Rico, Guam, and the ONSTRATION PROGRAMS.’’; graphs (8), (9), and (10), respectively; United States Virgin Islands; (2) by striking subsection (a); (C) paragraphs (7), (8), (9), and (10) as para- ‘‘(25) ‘vessel of the Armed Forces’ means— (3) by redesignating subsection (b) as sub- graphs (12), (13), (14), and (15), respectively; ‘‘(A) any vessel owned or operated by the section (a); (D) paragraphs (11) and (12) as paragraphs Department of Defense, other than a time or (4) by redesignating subsection (c) as sub- (17) and (18), respectively; voyage chartered vessel; and section (d); (E) paragraphs (13), (14), and (15) as para- ‘‘(B) any vessel owned or operated by the (5) in subsection (a), as so redesignated— graphs (20), (21), and (22), respectively; Department of Homeland Security that is (A) by striking so much as precedes para- (F) paragraph (16) as paragraph (27); and designated by the Secretary as a vessel graph (2) and inserting the following: (G) paragraph (17) as paragraph (23); equivalent to a vessel described in subpara- ‘‘(a) SHIPBOARD TECHNOLOGY EVALUATION (2) by moving paragraph (23), as so redesig- graph (A); PROGRAM.— nated, after paragraph (22), as so redesig- ‘‘(26) ‘vessel of the United States’ has the ‘‘(1) IN GENERAL.—The Secretary shall es- nated; meaning such term has under section 116 of tablish a Shipboard Technology Evaluation (3) by inserting before paragraph (2), as so title 46, United States Code;’’; and Program to evaluate ballast water treatment redesignated, the following: (11) in paragraph (23), as so redesignated, technologies aboard vessels to prevent ‘‘(1) ‘Administrator’ means the Adminis- by striking the period at the end and insert- aquatic nuisance species from being intro- trator of the Environmental Protection ing ‘‘;’’. duced into and spread through discharges of Agency;’’; (c) REPEAL OF SECTION 1103.—Section 1103 ballast water in waters of the United (4) by striking paragraph (4), as so redesig- of the Nonindigenous Aquatic Nuisance Pre- States.’’; and nated, and inserting the following: vention and Control Act of 1990 (16 U.S.C. (B) in paragraph (2) by striking ‘‘of the ‘‘(4) ‘ballast water’ means— 4713) is repealed. technologies and practices used in the dem- ‘‘(A) water taken on board a vessel to con- (d) INTERIM FINAL RULE.—The Secretary onstration program’’ and inserting ‘‘of bal- trol trim, list, draught, stability, or stresses shall issue an interim final rule as a tem- last water treatment technologies used in of the vessel, including matter suspended in porary regulation implementing the amend- the program’’; such water; or ments made by this section as soon as prac- (6) in subsection (a)(3), as so redesignated, ‘‘(B) any water placed into a ballast tank ticable after the date of enactment of this by striking ‘‘technologies and practices’’ and during cleaning, maintenance, or other oper- section, without regard to the provisions of all that follows through ‘‘shall—’’ and insert- ations;’’; chapter 5 of title 5, United States Code. All ing ‘‘ballast water treatment technologies on (5) by inserting after paragraph (4), as so regulations issued under the authority of vessels under this subsection, the Secretary redesignated and amended, the following: this subsection that are not earlier super- shall—’’; ‘‘(5) ‘ballast water capacity’ means the seded by final regulations shall expire not (7) in subsection (a)(3)(A), as so redesig- total volumetric capacity of any tanks, later than one year after the date of enact- nated, by striking clause (i) and redesig- spaces, or compartments on a vessel that is ment of this Act. nating clauses (ii) and (iii) in order as used for carrying, loading, or discharging SEC. 504. NATIONAL BALLAST WATER MANAGE- clauses (i) and (ii); ballast water, including any multi-use tank, MENT INFORMATION. (8) by amending subsection (a)(3)(A)(i), as space, or compartment designed to allow Section 1102 (16 U.S.C. 4712) is amended— so redesignated, to read as follows: carriage of ballast water; (1) by adding at the end the following: ‘‘(i) have ballast water systems conducive ‘‘(6) ‘ballast water management’ means ‘‘(g) BALLAST WATER SURVEYS.— to testing aboard the vessel; and’’; mechanical, physical, chemical, and biologi- ‘‘(1) IN GENERAL.—The Secretary shall con- (9) by amending subsection (a)(3)(C), as so cal processes used, either singularly or in duct the following ballast water surveys: redesignated, to read as follows: combination, to remove, render harmless, or ‘‘(A) A survey of the number of living orga- ‘‘(C) seek to use a variety of vessel types.’’; avoid the uptake or discharge of harmful nisms in untreated ballast water of a rep- (10) by amending subsection (a)(4), as so re- aquatic organisms and pathogens within bal- resentative number of vessels, as determined designated, to read as follows: last water and sediment; by the Secretary. ‘‘(4) SELECTION OF BALLAST WATER TREAT- ‘‘(7) ‘constructed’ means a state of con- ‘‘(B) A survey of the number of living orga- MENT TECHNOLOGIES.—In order for a ballast struction of a vessel at which— nisms in the ballast water of a representa- water treatment technology to be eligible to ‘‘(A) the keel is laid; tive number of vessels, as determined by the be installed on vessels for evaluation under ‘‘(B) construction identifiable with the spe- Secretary, that has been exchanged on the this section, such technology must be, at a cific vessel begins; high seas. minimum— ‘‘(C) assembly of the vessel has begun com- ‘‘(C) Surveys of the number of living orga- ‘‘(A) determined by the Secretary to have prising at least 50 tons or 1 percent of the es- nisms in the ballast water of vessels that are the demonstrated potential to reduce the timated mass of all structural material of participating in a program to test and evalu- number of organisms greater than or equal the vessel, whichever is less; or ate promising ballast water treatment, as to 50 microns in minimum dimension in dis- ‘‘(D) the vessel undergoes a major conver- approved by the Secretary. charged ballast water to fewer than 10 living sion;’’; ‘‘(2) REPORTS.—The Secretary shall submit organisms per cubic meter of water; (6) by inserting after paragraph (10), as so to the Committee on Transportation and In- ‘‘(B) cost-effective; redesignated, the following: frastructure of the House of Representatives ‘‘(C) environmentally sound; ‘‘(11) ‘foreign vessel’ has the meaning such and the Committee on Commerce, Science, ‘‘(D) operationally practical; term has under section 110 of title 46, United and Transportation of the Senate— ‘‘(E) able to be retrofitted on existing ves- States Code;’’; ‘‘(A) a report on the results of the surveys sels or incorporated in new vessel design (or (7) by inserting after paragraph (15), as so under subparagraphs (A) and (B) of para- both); redesignated, the following: graph (1) by not later than 18 months after ‘‘(F) safe for a vessel and crew; and

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.008 H24APPT1 smartinez on PROD1PC64 with HOUSE April 24, 2008 CONGRESSIONAL RECORD — HOUSE H2701

‘‘(G) accessible to monitoring.’’; ing, or minimizing the spread of aquatic nui- ‘‘(B) DISCRETIONARY AUTHORITY.—In car- (11) in subsection (a), as so redesignated, sance species in the waters of the United rying out this paragraph, the President by adding at the end the following: States in accordance with this section. may— ‘‘(6) AUTHORITY OF SECRETARY TO REVIEW ‘‘(b) CONTENTS.—The national rapid re- ‘‘(i) kill, contain, and remove an aquatic AND REVISE CRITERIA.—The Secretary may re- sponse plan shall provide for efficient, co- nuisance species, at any time; and view and revise the criteria described in ordinated, and effective action to minimize ‘‘(ii) direct or monitor all Federal, State, paragraph (4)(A) to require ballast water damage from aquatic nuisance species in the and private actions to kill, contain, and re- treatment technologies to meet a more navigable waters of the United States, in- move the aquatic nuisance species. stringent ballast water discharge standard, cluding killing, containing, and removal of ‘‘(2) ACTIONS IN ACCORDANCE WITH NATIONAL including standards promulgated under sec- the aquatic nuisance species, and shall in- RAPID RESPONSE PLAN.—Each Federal agency, tion 1101(f), before being eligible for installa- clude the following: State, owner or operator, or other person tion aboard vessels under the program.’’; ‘‘(1) Assignment of duties and responsibil- participating in efforts under this subsection (12) by inserting after subsection (a), as so ities among Federal departments and agen- shall act in accordance with the national redesignated, the following: cies in coordination with State and local rapid response plan or as directed by the ‘‘(b) SHIPBOARD TECHNOLOGY DEMONSTRA- agencies and port authorities and private en- President to carry out the plan.’’. TION PROGRAM.— tities. SEC. 507. AUTHORIZATION OF APPROPRIATIONS. ‘‘(1) IN GENERAL.—The Under Secretary, ‘‘(2) Identification, procurement, mainte- Section 1301(a) of the Nonindigenous with the concurrence of and in cooperation nance, and storage of equipment and supplies Aquatic Nuisance Prevention and Control with the Secretary, shall conduct a program needed to facilitate the killing, contain- Act of 1990 (16 U.S.C. 4741(a)) is amended— to demonstrate ballast water treatment ment, and removal of aquatic nuisance spe- (1) by striking ‘‘and’’ after the semicolon technologies evaluated aboard vessels under cies under this section. in paragraph (4)(B); subsection (a) to prevent aquatic nuisance ‘‘(3) Establishment or designation by the (2) by striking the period at the end of species from being introduced into and President of Federal aquatic nuisance spe- paragraph (5)(B) and inserting a semicolon; spread through ballast water in waters of the cies response teams, consisting of— and United States. ‘‘(A) personnel who shall be trained and (3) by adding at the end the following: ‘‘(2) LOCATION.—The installation and con- prepared by the President and shall be avail- ‘‘(6) $20,000,000 for each of fiscal years 2008 struction of ballast water treatment tech- able to provide necessary services to carry through 2012 to the Secretary to carry out nologies used in the demonstration program out the national rapid response plan; section 1101; under this subsection shall be performed in ‘‘(B) adequate equipment and material ‘‘(7) $500,000 to the Secretary for each of the United States. needed to facilitate the killing, contain- fiscal years 2008 through 2013 to carry out ‘‘(3) VESSEL ELIGIBILITY.—Vessels eligible ment, and removal of aquatic nuisance spe- section 1102(f); to participate in the demonstration program cies under this section; and ‘‘(8) $6,000,000 to the Under Secretary for under this subsection shall consist only of ‘‘(C) a detailed plans to kill, contain, and each of fiscal years 2008 through 2013 to carry vessels that have been accepted into and are remove aquatic nuisance species, including out paragraph (4) of section 1104(b); and actively participating in the Shipboard measures to protect fisheries and wildlife. ‘‘(9) $1,500,000 to the Under Secretary for Technology Evaluation Program under sub- ‘‘(4) A system of surveillance and notice each of fiscal years 2008 through 2013 to carry section (a). designed to safeguard against, as well as en- out section 1104(c).’’. ‘‘(4) GRANTS.— sure earliest possible notice of, the introduc- ‘‘(A) IN GENERAL.—The Under Secretary tion of aquatic nuisance species and immi- TITLE VI—MARITIME POLLUTION shall establish a grant program to provide nent threats of such introduction to the ap- PREVENTION funding for acquiring, installing, and oper- propriate State and Federal agencies. SEC. 601. SHORT TITLE. ating ballast water treatment technologies ‘‘(5) Establishment by the President of a This title may be cited as the ‘‘Maritime aboard vessels participating in the program national center to provide coordination and Pollution Prevention Act of 2008’’. under this subsection. direction for operations in carrying out the SEC. 602. REFERENCES. ‘‘(B) MATCHING REQUIREMENTS.—The plan. Wherever in this title an amendment or re- amount of Federal funds used for any dem- ‘‘(6) Procedures and techniques to be em- onstration project under this subsection— peal is expressed in terms of an amendment ployed in identifying, containing, killing, to or a repeal of a section or other provision, ‘‘(i) shall not exceed $1,000,000; and and removing aquatic nuisance species in the ‘‘(ii) shall not exceed 50 percent of the the reference shall be considered to be made waters of the United States. to a section or other provision of the Act to total cost of such project. ‘‘(7) A schedule, prepared by the President ‘‘(c) ALTERNATIVE SHIP PATHWAY PRO- Prevent Pollution from Ships (33 U.S.C. 1901 in cooperation with the States, identifying— et seq.). GRAM.— ‘‘(A) mitigating devices and substances, if ‘‘(1) IN GENERAL.—The Under Secretary, any, that may be used in carrying out the SEC. 603. DEFINITIONS. with the concurrence of and in cooperation plan; Section 2(a) (33 U.S.C. 1901(a)) is amended— with the Secretary, shall conduct a program ‘‘(B) the waters in which such mitigating (1) by redesignating the paragraphs (1) to demonstrate and verify technologies and devices and substances may be used; and through (12) as paragraphs (2) through (13), practices to monitor and control the intro- ‘‘(C) the quantities of such mitigating de- respectively; duction of aquatic invasive species by ship vice or substance which can be used safely in (2) by inserting before paragraph (2) (as so pathways other than the release of ballast such waters. redesignated) the following: water. ‘‘(8) A system whereby the State or States ‘‘(1) ‘Administrator’ means the Adminis- ‘‘(2) SELECTION OF METHODS.—The Under affected by an aquatic nuisance species may trator of the Environmental Protection Secretary may not select technologies and act where necessary to remove such species. Agency.’’; practices for demonstration or verification ‘‘(9) Establishment by the President of cri- (3) in paragraph (5) (as so redesignated) by under paragraph (1) unless such technologies teria and procedures to ensure immediate striking ‘‘and V’’ and inserting ‘‘V, and VI’’; and practices, in the determination of the and effective Federal identification of, and (4) in paragraph (6) (as so redesignated) by Under Secretary, in consultation with the response to, an introduction of aquatic nui- striking ‘‘ ‘discharge’ and ‘garbage’ and Secretary, meet the criteria outlined in sub- sance species. ‘harmful substance’ and ‘incident’’’ and in- paragraphs (B) through (G) of subsection ‘‘(10) Designation by the President of the serting ‘‘ ‘discharge’, ‘emission’, ‘garbage’, (a)(4). Federal official who shall be the Federal on- ‘harmful substance’, and ‘incident’’’; and ‘‘(3) LOCATION.—The installation and con- scene coordinator for measures taken to kill, (5) by redesignating paragraphs (7) through struction of technologies and practices for contain, and remove aquatic nuisance spe- (13) (as redesignated) as paragraphs (8) demonstration and verification under this cies under this section. through (14), respectively, and inserting subsection shall be performed in the United ‘‘(11) A fish and wildlife response plan for after paragraph (6) (as redesignated) the fol- States.’’; and the immediate and effective protection, res- lowing: (13) in subsection (d), as so redesignated, cue, and rehabilitation of, and the minimiza- ‘‘(7) ‘navigable waters’ includes the terri- by striking ‘‘Secretary of the Interior’’ each tion of risk of damage to, fish and wildlife torial sea of the United States (as defined in place it appears and inserting ‘‘Secretary, in resources and their habitat that are harmed Presidential Proclamation 5928 of December consultation with the Under Secretary,’’. or that may be jeopardized by an introduc- 27, 1988) and the internal waters of the SEC. 506. RAPID RESPONSE PLAN. tion of an aquatic nuisance species. United States;’’. Subtitle C of title I of the Nonindigenous ‘‘(c) FEDERAL REMOVAL AUTHORITY.— SEC. 604. APPLICABILITY. Aquatic Nuisance Prevention and Control ‘‘(1) REMOVAL REQUIREMENT.— Section 3 (33 U.S.C. 1902) is amended— Act of 1990 (16 U.S.C. 4721 et seq.) is amended ‘‘(A) IN GENERAL.—The President shall en- (1) in subsection (a)— by adding at the end the following: sure, in accordance with the national rapid (A) by striking ‘‘and’’ at the end of para- ‘‘SEC. 1210. RAPID RESPONSE PLAN. response plan, effective and immediate kill- graph (3); ‘‘(a) PREPARATION BY PRESIDENT.—The ing, containing, and removal of the aquatic (B) by striking the period at the end of President shall prepare and publish a na- nuisance species in the waters of the United paragraph (4) and inserting ‘‘; and’’; and tional rapid response plan for killing, remov- States. (C) by adding at the end the following:

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.008 H24APPT1 smartinez on PROD1PC64 with HOUSE H2702 CONGRESSIONAL RECORD — HOUSE April 24, 2008 ‘‘(5) with respect to Annex VI to the Con- SEC. 605. ADMINISTRATION AND ENFORCEMENT. ly prescribe regulations to certify, and may vention, and other than with respect to a Section 4 (33 U.S.C. 1903) is amended— issue certificates to the effect, that a port’s ship referred to in paragraph (1)— (1) by redesignating subsections (b) and (c) or terminal’s facilities for receiving ozone ‘‘(A) to a ship that is in a port, shipyard, as subsections (c) and (d), respectively, and depleting substances, equipment containing offshore terminal, or the internal waters of inserting after subsection (a) the following: such substances, and exhaust gas cleaning the United States; ‘‘(b) DUTY OF THE ADMINISTRATOR.—In addi- residues from ships are adequate.’’; ‘‘(B) to a ship that is bound for, or depart- tion to other duties specified in this Act, the (2) in subsection (b) by inserting ‘‘or the ing from, a port, shipyard, offshore terminal, Administrator and the Secretary, respec- Administrator’’ after ‘‘Secretary’’; or the internal waters of the United States, tively, shall have the following duties and (3) in subsection (e) by striking paragraph and is in— authorities: (2) and inserting the following: ‘‘(i) the navigable waters of the United ‘‘(1) The Administrator shall, and no other ‘‘(2) The Secretary may deny the entry of States; person may, issue Engine International Air a ship to a port or terminal required by the ‘‘(ii) an emission control area designated Pollution Prevention certificates in accord- MARPOL Protocol, this Act, or regulations pursuant to section 4; or ance with Annex VI and the International prescribed under this section relating to the ‘‘(iii) any other area that the Adminis- Maritime Organization’s Technical Code on provision of adequate reception facilities for trator, in consultation with the Secretary Control of Emissions of Nitrogen Oxides garbage, ozone depleting substances, equip- and each State in which any part of the area from Marine Diesel Engines, on behalf of the ment containing those substances, or ex- is located, has designated by order as being United States for a vessel of the United haust gas cleaning residues, if the port or an area from which emissions from ships are States as that term is defined in section 116 terminal is not in compliance with the of concern with respect to protection of pub- of title 46, United States Code. The issuance MARPOL Protocol, this Act, or those regula- lic health, welfare, or the environment; of Engine International Air Pollution Pre- tions.’’; ‘‘(C) to a ship that is entitled to fly the vention certificates shall be consistent with (4) in subsection (f)(1) by striking ‘‘Sec- flag of, or operating under the authority of, any applicable requirements of the Clean Air retary is’’ and inserting ‘‘Secretary and the a party to Annex VI, and is in— Act or regulations prescribed under that Act. Administrator are’’; and ‘‘(i) the navigable waters of the United ‘‘(2) The Administrator shall have author- (5) in subsection (f)(2) by striking ‘‘(A)’’. States; ity to administer regulations 12, 13, 14, 15, 16, SEC. 608. INSPECTIONS. ‘‘(ii) an emission control area designated 17, 18, and 19 of Annex VI to the Convention. Section 8(f) (33 U.S.C. 1907(f)) is amended to under section 4; or ‘‘(3) The Administrator shall, only as speci- read as follows: ‘‘(iii) any other area that the Adminis- fied in section 8(f), have authority to enforce ‘‘(f)(1) The Secretary may inspect a ship to trator, in consultation with the Secretary Annex VI of the Convention.’’; which this Act applies as provided under sec- and each State in which any part of the area (2) in subsection (c), as redesignated, by re- tion 3(a)(5), to verify whether the ship is in is located, has designated by order as being designating paragraph (2) as paragraph (4), compliance with Annex VI to the Convention an area from which emissions from ships are and inserting after paragraph (1) the fol- and this Act. of concern with respect to protection of pub- lowing: ‘‘(2) If an inspection under this subsection lic health, welfare, or the environment; and ‘‘(2) In addition to the authority the Sec- or any other information indicates that a ‘‘(D) to the extent consistent with inter- retary has to prescribe regulations under violation has occurred, the Secretary, or the national law, to any other ship that is in— this Act, the Administrator shall also pre- Administrator in a matter referred by the ‘‘(i) the exclusive economic zone of the scribe any necessary or desired regulations Secretary, may undertake enforcement ac- United States; to carry out the provisions of regulations 12, tion under this section. ‘‘(ii) the navigable waters of the United 13, 14, 15, 16, 17, 18, and 19 of Annex VI to the ‘‘(3) Notwithstanding subsection (b) and States; Convention. paragraph (2) of this subsection, the Admin- ‘‘(iii) an emission control area designated ‘‘(3) In prescribing any regulations under istrator shall have all of the authorities of under section 4; or this section, the Secretary and the Adminis- the Secretary, as specified in subsection (b) ‘‘(iv) any other area that the Adminis- trator shall consult with each other, and of this section, for the purposes of enforcing trator, in consultation with the Secretary with respect to regulation 19, with the Sec- regulations 17 and 18 of Annex VI to the Con- and each State in which any part of the area retary of the Interior.’’; and vention to the extent that shoreside viola- is located, has designated by order as being (3) by adding at the end of subsection (c), tions are the subject of the action and in any an area from which emissions from ships are as redesignated, the following: other matter referred to the Administrator of concern with respect to protection of pub- ‘‘(5) No standard issued by any person or by the Secretary.’’. lic health, welfare, or the environment.’’; Federal authority, with respect to emissions (2) in subsection (b)— from tank vessels subject to regulation 15 of SEC. 609. AMENDMENTS TO THE PROTOCOL. (A) in paragraph (1) by striking ‘‘paragraph Annex VI to the Convention, shall be effec- Section 10(b) (33 U.S.C. 1909(b)) is amended (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; tive until 6 months after the required notifi- by inserting ‘‘or the Administrator as pro- and cation to the International Maritime Organi- vided for in this Act,’’ after ‘‘Secretary,’’. (B) by adding at the end the following: zation by the Secretary.’’. SEC. 610. PENALTIES. ‘‘(3) With respect to Annex VI the Adminis- SEC. 606. CERTIFICATES. Section 9 (33 U.S.C. 1908) is amended— trator, or the Secretary, as relevant to their Section 5 (33 U.S.C. 1904) is amended— (1) by striking ‘‘Protocol,,’’ each place it authorities pursuant to this Act, may deter- (1) in subsection (a) by striking ‘‘The Sec- appears and inserting ‘‘Protocol,’’; mine that some or all of the requirements retary’’ and inserting ‘‘Except as provided in (2) in subsection (b)— under this Act shall apply to one or more section 4(b)(1), the Secretary’’; (A) by inserting ‘‘, or the Administrator as classes of public vessels, except that such a (2) in subsection (b) by striking ‘‘Secretary provided for in this Act’’ after ‘‘Secretary’’ determination by the Administrator shall under the authority of the MARPOL pro- the first place it appears; have no effect unless the head of the Depart- (B) in paragraph (2), by inserting ‘‘, or the ment or agency under which the vessels op- tocol.’’ and inserting ‘‘Secretary or the Ad- ministrator under the authority of this Administrator as provided for in this Act,’’ erate concurs in the determination. This after ‘‘Secretary’’; and paragraph does not apply during time of war Act.’’; and (3) in subsection (e) by striking ‘‘environ- (C) in the matter after paragraph (2)— or during a declared national emergency.’’; (i) by inserting ‘‘, or the Administrator as (3) by redesignating subsections (c) ment.’’ and inserting ‘‘environment or the public health and welfare.’’. provided for in this Act’’ after ‘‘Secretary’’ through (g) as subsections (d) through (h), the first place it appears; and SEC. 607. RECEPTION FACILITIES. respectively, and inserting after subsection (ii) by inserting ‘‘, or the Administrator as Section 6 (33 U.S.C. 1905) is amended— (b) the following: provided for in this Act,’’ after ‘‘Secretary’’ (1) in subsection (a) by adding at the end ‘‘(c) APPLICATION TO OTHER PERSONS.—This the second and third places it appears; Act shall apply to all persons to the extent the following: (3) in subsection (c), by inserting ‘‘, or the necessary to ensure compliance with Annex ‘‘(3) The Secretary and the Administrator, Administrator as provided for in this Act,’’ VI to the Convention.’’; and after consulting with appropriate Federal after ‘‘Secretary’’ each place it appears; and (4) in subsection (e), as redesignated— agencies, shall jointly prescribe regulations (4) in subsection (f), by inserting ‘‘, or the (A) by inserting ‘‘or the Administrator, setting criteria for determining the ade- Administrator as provided for in this Act’’ consistent with section 4 of this Act,’’ after quacy of reception facilities for receiving after ‘‘Secretary’’ the first place appears. ‘‘Secretary’’; ozone depleting substances, equipment con- (B) by striking ‘‘of section (3)’’ and insert- taining such substances, and exhaust gas SEC. 611. EFFECT ON OTHER LAWS. ing ‘‘of this section’’; and cleaning residues at a port or terminal, and Section 15 (33 U.S.C. 1911) is amended to (C) by striking ‘‘Protocol, including regu- stating any additional measures and require- read as follows: lations conforming to and giving effect to ments as are appropriate to ensure such ade- ‘‘SEC. 15. EFFECT ON OTHER LAWS. the requirements of Annex V’’ and inserting quacy. Persons in charge of ports and termi- ‘‘Authorities, requirements, and remedies ‘‘Protocol (or the applicable Annex), includ- nals shall provide reception facilities, or en- of this Act supplement and neither amend ing regulations conforming to and giving ef- sure that reception facilities are available, nor repeal any other authorities, require- fect to the requirements of Annex V and in accordance with those regulations. The ments, or remedies conferred by any other Annex VI’’. Secretary and the Administrator may joint- provision of law. Nothing in this Act shall

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.008 H24APPT1 smartinez on PROD1PC64 with HOUSE April 24, 2008 CONGRESSIONAL RECORD — HOUSE H2703

limit, deny, amend, modify, or repeal any the House of Representatives, the Committee ‘‘(2) MINIMIZATION OF RESPONSE TIME.—The other authority, requirement, or remedy on Commerce, Science, and Transportation maritime security response teams shall be available to the United States or any other of the Senate, and the Committee on Home- stationed in such a way to minimize, to the person, except as expressly provided in this land Security and Governmental Affairs of extent practicable, the response time to any Act.’’. the Senate an assessment of the report’s reported maritime terrorist threat. TITLE VII—PORT SECURITY findings and recommendations. ‘‘(d) COORDINATION WITH OTHER AGENCIES.— To the maximum extent feasible, each mari- SEC. 701. MARITIME HOMELAND SECURITY PUB- SEC. 703. STUDY TO IDENTIFY REDUNDANT BACK- LIC AWARENESS PROGRAM. GROUND RECORDS CHECKS. time safety and security team and maritime The Secretary of Homeland Security shall (a) STUDY.—The Comptroller General of security response team shall coordinate its establish a program to help prevent acts of the United States shall conduct a study com- activities with other Federal, State, and terrorism and other activities that jeop- paring those background records checks re- local law enforcement and emergency re- ardize maritime homeland security, by seek- quired under section 70105 of title 46, United sponse agencies.’’. ing the cooperation of the commercial and States Code, and those conducted by States SEC. 706. COAST GUARD DETECTION CANINE for similar homeland security purposes. recreational boating industries and the pub- TEAM PROGRAM EXPANSION. (b) REPORT.—Not later than 6 months after lic to improve awareness of activity in the (a) DEFINITIONS.—For purposes of this sec- the date of enactment of this Act, the Comp- tion: maritime domain and report suspicious or troller General of the United States shall unusual activity. (1) CANINE DETECTION TEAM.—The term ‘‘de- submit a report to the Committee on Home- tection canine team’’ means a canine and a SEC. 702. TRANSPORTATION WORKER IDENTI- land Security of the House of Representa- FICATION CREDENTIAL. canine handler that are trained to detect tives, the Committee on Transportation and narcotics or explosives, or other threats as (a) ASSESSMENT OF TWIC PROGRAM IMPLE- Infrastructure of the House of Representa- defined by the Secretary. MENTATION.— tives, the Committee on Commerce, Science, (2) SECRETARY.—The term ‘‘Secretary’’ (1) IN GENERAL.—Not later than 120 days and Transportation of the Senate, and the means the Secretary of Homeland Security. after implementing the Transportation Committee on Homeland Security and Gov- (b) DETECTION CANINE TEAMS.— Worker Identification Credential program ernmental Affairs of the Senate on the re- (1) INCREASED CAPACITY.—Not later than (in this section referred to as ‘‘TWIC’’) at the sults of the study, including— 240 days after the date of enactment of this ten ports designated top priority by the Sec- (1) an identification of redundancies and Act, the Secretary shall— retary of Homeland Security, as required by inefficiencies in connection with such checks (A) begin to increase the number of detec- section 70105(i)(2)(A) of title 46, United referred to in subsection (a); and tion canine teams certified by the Coast States Code, the Secretary shall submit to (2) recommendations for eliminating such Guard for the purposes of maritime-related the Committee on Homeland Security of the redundancies and inefficiencies. House of Representatives, the Committee on security by no fewer than 10 canine teams SEC. 704. REVIEW OF INTERAGENCY OPER- annually through fiscal year 2012; and Commerce, Science, and Transportation of ATIONAL CENTERS. (B) encourage owners and operators of port the Senate, and the Committee on Homeland (a) IN GENERAL.—Within 180 days of enact- Security and Governmental Affairs of the ment of this Act, the Department of Home- facilities, passenger cruise liners, oceangoing Senate and to the Comptroller General of the land Security Inspector General shall pro- cargo vessels, and other vessels identified by United States a report containing an assess- vide a report to the Committee on Homeland the Secretary to strengthen security ment of the progress of the program’s imple- Security of the House of Representatives and through the use of highly trained detection mentation. The report shall include— the Committees on Homeland Security and canine teams. (A) the number of workers enrolled in the Governmental Affairs and Commerce, (2) CANINE PROCUREMENT.—The Secretary, program to date and the extent to which key Science, and Transportation of the Senate acting through the Commandant of the metrics and contract requirements have been concerning the establishment of Interagency Coast Guard, shall— met; and Operational Centers for Port Security re- (A) procure detection canine teams as effi- (B) an overview of the challenges encoun- quired by section 108 of the SAFE Port Act ciently as possible, including, to the greatest tered during implementation of the enroll- (Public Law 109–347). extent possible, through increased domestic ment process, and plans for how these chal- (b) REPORT.—The report shall include— breeding, while meeting the performance lenges will be addressed as the program is (1) an examination of the Department’s ef- needs and criteria established by the Com- implemented at additional ports. forts to establish the Interagency Oper- mandant; (2) GAO ASSESSMENT.—The Comptroller ational Centers; (B) support expansion and upgrading of ex- General shall review the report and submit (2) a timeline for construction; isting canine training facilities operated by to the Committee on Homeland Security of (3) a detailed breakdown, by center, as to the department in which the Coast Guard is the House of Representatives, the Committee the incorporation of those representatives operating; and on Commerce, Science, and Transportation required by section 70107A(b)(3) of title 46, (C) as appropriate, partner with other Fed- of the Senate, and the Committee on Home- United States Code; eral, State, or local agencies, nonprofit orga- land Security and Governmental Affairs of (4) an analysis of the hurdles faced by the nizations, universities, or the private sector the Senate an assessment of the report’s Department in developing these centers; to increase the breeding and training capac- findings and recommendations. (5) information on the number of security ity for Coast Guard canine detection teams. (b) ASSESSMENT OF TWIC PILOT.— clearances attained by State, local, and trib- (c) DEPLOYMENT.—The Secretary shall (1) IN GENERAL.—Not later than 120 days al officials participating in the program; and prioritize deployment of the additional ca- after completing the pilot program under (6) an examination of the relationship be- nine teams to ports based on risk, consistent section 70105(k)(1) of title 46, United States tween the Interagency Operational Centers with the Security and Accountability For Code, to test TWIC access control tech- and State, local and regional fusion centers Every Port Act of 2006 (Public Law 109–347). nologies at port facilities and vessels nation- participating in the Department of Home- (d) AUTHORIZATION.—There are authorized wide, the Secretary of Homeland Security land Security’s State, Local, and Regional to be appropriated to the Secretary such shall submit to the Committee on Homeland Fusion Center Initiative under section 511 of sums as may be necessary to carry out this Security of the House of Representatives, the Implementing the Recommendations of section for fiscal years 2008 through 2012. the Committee on Commerce, Science, and the 9/11 Commission Act of 2007 (Public Law SEC. 707. COAST GUARD PORT ASSISTANCE PRO- Transportation of the Senate, and the Com- 110–53), with a particular emphasis on— GRAM. mittee on Homeland Security and Govern- (A) how the centers collaborate and coordi- Section 70110 of title 46, United States mental Affairs of the Senate and to the nate their efforts; and Code, is amended by adding at the end the Comptroller General a report containing an (B) the resources allocated by the Coast following: assessment of the results of the pilot. The re- Guard to both initiatives. ‘‘(f) COAST GUARD ASSISTANCE PROGRAM.— port shall include— SEC. 705. MARITIME SECURITY RESPONSE ‘‘(1) IN GENERAL.—The Secretary may lend, (A) the findings of the pilot program with TEAMS. lease, donate, or otherwise provide equip- respect to key technical and operational as- (a) IN GENERAL.—Section 70106 of title 46, ment, and provide technical training and pects of implementing TWIC technologies in United States Code, is amended by striking support, to the owner or operator of a for- the maritime sector; subsection (c) and inserting the following: eign port or facility— (B) a comprehensive listing of the extent ‘‘(c) MARITIME SECURITY RESPONSE ‘‘(A) to assist in bringing the port or facil- to which established metrics were achieved TEAMS.— ity into compliance with applicable Inter- during the pilot program; and ‘‘(1) IN GENERAL.—In addition to the mari- national Ship and Port Facility Code stand- (C) an analysis of the viability of those time safety and security teams, the Sec- ards; technologies for use in the maritime envi- retary shall establish no less than two mari- ‘‘(B) to assist the port or facility in meet- ronment, including any challenges to imple- time security response teams to act as the ing standards established under section menting those technologies and strategies Coast Guard’s rapidly deployable 70109A of this chapter; and for mitigating identified challenges. counterterrorism and law enforcement re- ‘‘(C) to assist the port or facility in exceed- (2) GAO ASSESSMENT.—The Comptroller sponse units that can apply advanced inter- ing the standards described in subparagraphs General shall review the report and submit diction skills in response to threats of mari- (A) and (B). to the Committee on Homeland Security of time terrorism. ‘‘(2) CONDITIONS.—The Secretary—

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.008 H24APPT1 smartinez on PROD1PC64 with HOUSE H2704 CONGRESSIONAL RECORD — HOUSE April 24, 2008 ‘‘(A) shall provide such assistance based criminal act or omission that results in (3) whether TWIC compliance costs or upon an assessment of the risks to the secu- death or bodily injury, all sexual assaults other factors have led to a reduction in serv- rity of the United States and the inability of and missing persons, or any other incident ice; the owner or operator of the port or facility that poses a significant threat to the cruise (3) the impact of TWIC on the recruiting otherwise to bring the port or facility into ship, any cruise ship passenger, any port fa- and hiring of seasonal and other temporary compliance with those standards and to cility, or any person in or near the port. employees; and maintain compliance with them; (2) CRUISE SHIP.—The term ‘‘cruise ship’’ (4) an assessment of possible alternatives ‘‘(B) may not provide such assistance un- means a vessel on an international voyage to TWIC certification that may be used for less the port or facility has been subjected to that embarks or disembarks passengers at a seasonal employees including any security a comprehensive port security assessment by port of United States jurisdiction to which vulnerabilities created by those alternatives. the Coast Guard or a third party entity cer- subpart C of part 160 of title 33, Code of Fed- SEC. 714. COMPARATIVE RISK ASSESSMENT OF tified by the Secretary under section eral Regulations, applies and that provides VESSEL-BASED AND FACILITY-BASED 70110A(b) to validate foreign port or facility overnight accommodations. LIQUEFIED NATURAL GAS REGASIFI- compliance with International Ship and Port (3) U.S. PERSON.—The term ‘‘U.S. person’’ CATION PROCESSES. Facility Code standards; and means a citizen of the United States and an (a) IN GENERAL.—Within 90 days after the ‘‘(C) may only lend, lease, or otherwise alien lawfully admitted for permanent resi- date of enactment of this Act, the Secretary provide equipment that the Secretary has dence (as defined in section 101(a)(20) of the of Homeland Security, acting through the first determined is not required by the Coast Immigration and Nationality Act (8 U.S.C. Commandant of the Coast Guard, shall enter Guard for the performance of its missions.’’. 1101 (a)(20)). into an arrangement for the performance of an independent study to conduct a compara- (4) UNITED STATES.—The term ‘‘United SEC. 708. MARITIME BIOMETRIC IDENTIFICA- tive risk assessment examining the relative TION. States’’ means the 50 States, the District of safety and security risk associated with ves- Columbia, Puerto Rico, the Northern Mar- (a) IN GENERAL.—The Secretary of Home- sel-based and facility-based liquefied natural iana Islands, the United States Virgin Is- land Security, acting through the Com- gas regasification processes conducted with- mandant of the Coast Guard, may conduct, lands, Guam, American Samoa, and any in 3 miles from land versus such processes in the maritime environment, a pilot pro- other territory or possession of the United conducted more than 3 miles from land. gram for the mobile biometric identification States. (b) REPORT.—Not later than 1 year after of suspected individuals, including terror- (c) SAVINGS CLAUSE.—Nothing in this sec- the date of enactment of this Act, the Sec- ists, to enhance border security and for other tion shall be interpreted to discourage im- retary Homeland Security, acting through purposes. mediate notification to the Secretary of a the Commandant, shall provide a report on (b) REQUIREMENTS.—The Secretary shall covered security incident, nor shall this sec- the findings and conclusions of the study re- ensure that the pilot program is coordinated tion prohibit earlier notifications of covered quired by this section to the Committees on with other biometric identification programs security incidents otherwise required by law Homeland Security, Transportation and In- within the Department of Homeland Secu- or regulation. frastructure, and Energy and Commerce of rity and shall evaluate the costs and feasi- SEC. 712. SAFETY AND SECURITY ASSISTANCE the House of Representatives, and the Com- bility of expanding the capability to all FOR FOREIGN PORTS. mittees on Homeland Security and Govern- Coast Guard cutters, stations and deployable (a) IN GENERAL.—Section 70110(e)(1) of title mental Affairs and Commerce, Science, and maritime teams, and other appropriate De- 46, United States Code, is amended by strik- Transportation of the Senate. partment of Homeland Security maritime ing the second sentence and inserting the SEC. 715. PILOT PROGRAM FOR FINGERPRINTING vessels and units. following: ‘‘The Secretary shall establish a OF MARITIME WORKERS. (c) DEFINITION.—For purposes of this sec- strategic plan to utilize those assistance pro- (a) IN GENERAL.—Within 180 days after the tion, the term ‘‘biometric identification’’ grams to assist ports and facilities that are date of enactment of this Act, the Secretary means use of fingerprint and digital photog- found by the Secretary under subsection (a) of Homeland Security shall establish proce- raphy images. not to maintain effective antiterrorism dures providing for an individual who is re- (d) AUTHORIZATION OF APPROPRIATIONS.— measures in the implementation of port se- quired to be fingerprinted for purposes of ob- There are authorized such sums as appro- curity antiterrorism measures.’’. taining a transportation security card under priate to carry out this section. (b) CONFORMING AMENDMENTS.— section 70105 of title 46, United States Code, SEC. 709. REVIEW OF POTENTIAL THREATS. (1) Section 70110 of title 46, United States to be fingerprinted at any facility operated Not later than 1 year after the date of en- Code, is amended— by or under contract with an agency of the actment of this Act, the Secretary of Home- (A) by inserting ‘‘or facilities’’ after Department of Homeland Security that fin- land Security shall submit to the Committee ‘‘ports’’ in the section heading; gerprints the public for the Department. (b) EXPIRATION.—This section expires on on Homeland Security of the House of Rep- (B) by inserting ‘‘or facility’’ after ‘‘port’’ December 31, 2012. resentatives and the Committee on Com- each place it appears; and (C) by striking ‘‘PORTS’’ in the heading for SEC. 716. TRANSPORTATION SECURITY CARDS ON merce, Science, and Transportation of the VESSELS. subsection (e) and inserting ‘‘PORTS, FACILI- Senate a report analyzing the threat, vulner- Section 70105(b)(2) of title 46, United States TIES,’’. ability, and consequence of a terrorist at- Code, is amended— tack on gasoline and chemical cargo ship- (2) The chapter analysis for chapter 701 of title 46, United States Code, is amended by (1) in subparagraph (B), by inserting after ments in port activity areas in the United ‘‘title’’ the following: ‘‘allowed unescorted States. striking the item relating to section 70110 and inserting the following: access to a secure area designated in a vessel SEC. 710. PORT SECURITY PILOT. security plan approved under section 70103 of The Secretary of Homeland Security shall ‘‘70110. Actions and assistance for foreign this title’’; and establish a pilot program to test and deploy ports or facilities and United (2) in subparagraph (D), by inserting after preventive radiological or nuclear detection States territories’’. ‘‘tank vessel’’ the following: ‘‘allowed equipment on Coast Guard vessels and other SEC. 713. SEASONAL WORKERS. unescorted access to a secure area des- locations in select port regions to enhance (a) STUDY.—The Comptroller General of ignated in a vessel security plan approved border security and for other purposes. The the United States shall conduct a study on under section 70103 of this title’’. pilot program shall leverage existing Federal the effects that the Transportation Worker SEC. 717. INTERNATIONAL LABOR STUDY. grant funding to support this program and Identification Card (in this section referred The Comptroller General of the United the procurement of additional equipment. to as ‘‘TWIC’’) required by section 70105 of States shall conduct a study of methods to SEC. 711. ADVANCE NOTICE OF PORT ARRIVAL OF title 46, United States Code, has on compa- conduct a background security investigation SIGNIFICANT OR FATAL INCIDENTS nies that employ seasonal employees. of an individual who possesses a biometric INVOLVING U.S. PERSONS. (b) REPORT.—Not later than one year after identification card that complies with Inter- (a) REQUIREMENT.—The Secretary of Home- the date of enactment of this Act, the Comp- national Labor Convention number 185 that land Security shall require the owner or op- troller General shall submit a report to the are equivalent to the investigation con- erator of a cruise ship that embarks or dis- Committee on Transportation and Infra- ducted on individuals applying for a visa to embarks passengers in a United States port structure and the Committee on Homeland enter the United States. The Comptroller to notify the Secretary of any covered secu- Security of the House of Representatives and General shall submit a report on the study rity incident that occurs on the cruise ship the Committee on Commerce, Science, and within 180 days after the date of enactment in the course of the voyage (or voyage seg- Transportation of the Senate on the results of this Act to the Committee on Transpor- ment) in which a U.S. person is involved, in of the study, including— tation and Infrastructure and the Committee conjunction with any advance notice of ar- (1) costs associated in requiring seasonal on Homeland Security of the House of Rep- rival to a United States port required by employees to obtain TWIC cards on compa- resentatives and the Committee on Com- part 160 of title 33, Code of Federal Regula- nies merce, Science, and Transportation of the tions. (2) whether the Coast Guard and Transpor- Senate. (b) DEFINITIONS.—For the purposes of this tation Security Administration are proc- SEC. 718. MARITIME SECURITY ADVISORY COM- section: essing TWIC applications quickly enough for MITTEES. (1) COVERED SECURITY INCIDENT.—The term seasonal workers to obtain TWIC certifi- Section 70112 of title 46, United States ‘‘covered security incident’’ means any cation; Code, is amended—

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.008 H24APPT1 smartinez on PROD1PC64 with HOUSE April 24, 2008 CONGRESSIONAL RECORD — HOUSE H2705 (1) by amending subsection (b)(5) to read as transportation security incident (as that Guard System acting under a contract with follows: term is defined in section 70101 of title 46, the Coast Guard. ‘‘(5)(A) The National Maritime Security United States Code). (2) EXCEPTION.—The Secretary may use a Advisory Committee shall be composed of— (c) DETERMINATION REQUIRED FOR NEW LNG procurement method that is less than full ‘‘(i) at least 1 individual who represents TERMINALS.—The Secretary of the depart- and open competition to procure an asset the interests of the port authorities; ment in which the Coast Guard is operating, under the Deepwater Program, if— ‘‘(ii) at least 1 individual who represents acting through the Commandant of the (A) the Secretary determines that such the interests of the facilities owners or oper- Coast Guard, may not approve a facility se- method is in the best interests of the Federal ators; curity plan under section 70103 of title 46, Government; and ‘‘(iii) at least 1 individual who represents United States Code, for a new liquefied nat- (B) by not later than 30 days before the the interests of the terminal owners or oper- ural gas terminal the construction of which date of the award of a contract for the pro- ators; is begun after the date of enactment of this curement, the Secretary submits to the ‘‘(iv) at least 1 individual who represents Act unless the Secretary determines that the Committee on Transportation and Infra- the interests of the vessel owners or opera- Coast Guard has available to the sector in structure and the Committee on Homeland tors; which the terminal is located the resources Security of the House of Representatives and ‘‘(v) at least 1 individual who represents it needs to carry out the navigation and the Committee on Commerce, Science, and the interests of the maritime labor organiza- maritime security risk management meas- Transportation of the Senate a report ex- tions; ures identified in the waterway suitability plaining why such procurement is in the best ‘‘(vi) at least 1 individual who represents report prepared pursuant to the Ports and interests of the Federal Government. the interests of the academic community; Waterways Safety Act. (3) LIMITATION ON APPLICATION.—Paragraph ‘‘(vii) at least 1 individual who represents TITLE VIII—COAST GUARD INTEGRATED (1) shall not apply to a contract, sub- the interests of State or local governments; DEEPWATER PROGRAM contract, or task order that was issued be- fore the date of enactment of this Act, if and SEC. 801. SHORT TITLE. ‘‘(viii) at least 1 individual who represents there is no change in the quantity of assets This title may be cited as the ‘‘Integrated or the specific type of assets procured. the interests of the maritime industry. Deepwater Program Reform Act’’. ‘‘(B) Each Area Maritime Security Advi- (c) REQUIRED CONTRACT TERMS.—The Sec- SEC. 802. IMPLEMENTATION OF COAST GUARD IN- sory Committee shall be composed of indi- retary shall include in each contract, sub- TEGRATED DEEPWATER ACQUISI- contract, and task order issued under the viduals who represents the interests of the TION PROGRAM. Deepwater Program after the date of enact- port industry, terminal operators, port labor (a) USE OF PRIVATE SECTOR ENTITY AS A ment of this Act the following provisions, as organizations, and other users of the port LEAD SYSTEMS INTEGRATOR.— applicable: areas.’’; and (1) IN GENERAL.—Except as otherwise pro- (1) TECHNICAL REVIEWS.—A requirement (2) in subsection (g)— vided in this subsection, the Secretary may that the Secretary shall conduct a technical (A) in paragraph (1)(A), by striking ‘‘2008;’’ not use a private sector entity as a lead sys- review of all proposed designs, design and inserting ‘‘2010;’’; tems integrator for procurements under, or changes, and engineering changes, and a re- (B) by repealing paragraph (2); in support of, the Deepwater Program begin- quirement that the contractor must specifi- (C) by striking ‘‘(1)’’; and ning on the earlier of October 1, 2011, or the cally address all engineering concerns identi- (D) by redesignating subparagraphs (A) and date on which the Secretary certifies in writ- fied in the technical reviews, before any (B) as paragraphs (1) and (2). ing to the Committee on Transportation and funds may be obligated. SEC. 719. SEAMEN’S SHORESIDE ACCESS. Infrastructure and the Committee on Home- (2) RESPONSIBILITY FOR TECHNICAL REQUIRE- Each facility security plan approved under land Security of the House of Representa- MENTS.—A requirement that the Secretary section 70103(c) of title 46, United States tives and the Committee on Commerce, shall maintain the authority to establish, Code, shall provide a system for seamen as- Science, and Transportation of the Senate approve, and maintain technical require- signed to a vessel at that facility, pilots, and that the Coast Guard has available and can ments. representatives of seamen’s welfare and retain sufficient contracting personnel and (3) COST ESTIMATE OF MAJOR CHANGES.—A labor organizations to board and depart the expertise within the Coast Guard, through an requirement that an independent cost esti- vessel through the facility in a timely man- arrangement with other Federal agencies, or mate must be prepared and approved by the ner at no cost to the individual. through contracts or other arrangements Secretary before the execution of any change SEC. 720. WATERSIDE SECURITY AROUND LIQUE- with private sector entities, to perform the order costing more than 5 percent of the unit FIED NATURAL GAS TERMINALS AND functions and responsibilities of the lead sys- cost approved in the Deepwater Program LIQUEFIED NATURAL GAS TANKERS. tem integrator in an efficient and cost-effec- baseline in effect as of May 2007. (a) ENFORCEMENT OF SECURITY ZONES.— tive manner. (4) PERFORMANCE MEASUREMENT.—A re- Consistent with other provisions of law, any (2) COMPLETION OF EXISTING DELIVERY OR- quirement that any measurement of con- security zone established by the Coast Guard DERS AND TASK ORDERS.—The Secretary may tractor and subcontractor performance must around a tanker containing liquified natural use a private sector entity as a lead systems be based on the status of all work performed, gas shall be enforced by the Coast Guard. If integrator to complete any delivery order or including the extent to which the work per- the Coast Guard must enforce multiple si- task order under the Deepwater Program formed met all cost, schedule, and mission multaneous security zones, the Coast Guard that was issued to the lead systems inte- performance requirements outlined in the shall allocate resources so as to deter to the grator on or before the date of enactment of Deepwater Program contract. maximum extent practicable a transpor- this Act. (5) EARLY OPERATIONAL ASSESSMENT.—For tation security incident (as that term is de- (3) ASSISTANCE OF OTHER FEDERAL AGEN- the acquisition of any cutter class for which fined in sectin 70101 of title 46, United States CIES.—In any case in which the Secretary is an Early Operational Assessment has not Code). the systems integrator under the Deepwater been developed— (b) LIMITATION ON RELIANCE ON STATE AND Program, the Secretary may obtain any type (A) a requirement that the Secretary of LOCAL GOVERNMENT.—Any security arrange- of assistance the Secretary considers appro- the Department in which the Coast Guard is ment approved as part of a facility security priate, with any systems integration func- operating shall cause an Early Operational plan approved after the date of enactment of tions, from any Federal agency with experi- Assessment to be conducted by the Depart- this Act under section 70103 of title 46, ence in systems integration involving mari- ment of the Navy after the development of United States Code, for a liquefied natural time vessels and aircraft. the preliminary design of the cutter and be- gas terminal on or adjacent to the navigable (4) ASSISTANCE OF PRIVATE SECTOR ENTI- fore the conduct of the critical design review waters of the United States, or to assist in TIES.—In any case in which the Secretary is of the cutter; and the enforcement of any security zone estab- the systems integrator under the Deepwater (B) a requirement that the Coast Guard lished by the Coast Guard around a tanker Program, the Secretary may, subject to the shall develop a plan to address the findings containing liquefied natural gas, may not be availability of appropriations, obtain by presented in the Early Operational Assess- based upon the provision of security by a grant, contract, or cooperative agreement ment. State or local government unless the State any type of assistance the Secretary con- (6) TRANSIENT ELECTROMAGNETIC PULSE or local government has entered into a con- siders appropriate, with any systems inte- EMANATION.—For the acquisition or upgrade tract, cooperative agreement, or other ar- gration functions, from any private sector of air, surface, or shore assets for which com- rangement with the terminal operator to entity with experience in systems integra- pliance with transient electromagnetic pulse provide such services and the Secretary of tion involving maritime vessels and aircraft. emanation (TEMPEST) is a requirement, a the department in which the Coast Guard is (b) COMPETITION.— provision specifying that the standard for de- operating, acting through the Commandant (1) IN GENERAL.—Except as otherwise pro- termining such compliance shall be the air, of the Coast Guard, ensures that the water- vided in this subsection, the Secretary shall surface, or shore asset standard then used by borne patrols operated as part of that secu- use full and open competition for each class the Department of the Navy. rity arrangement by a State or local govern- of asset acquisitions under the Deepwater (7) OFFSHORE PATROL CUTTER UNDERWAY RE- ment have the training, resources, personnel, Program for which an outside contractor is QUIREMENT.—For any contract issued to ac- equipment, and experience necessary to used, if the asset is procured directly by the quire an Offshore Patrol Cutter, provisions deter to the maximum extent practicable a Coast Guard or by the Integrated Coast specifying the service life, fatigue life, days

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.008 H24APPT1 smartinez on PROD1PC64 with HOUSE H2706 CONGRESSIONAL RECORD — HOUSE April 24, 2008 underway in general Atlantic and North Pa- ployee as Chief Acquisition Officer for the (1) cause each cutter, other than a Na- cific Sea conditions, maximum range, and Coast Guard, who shall— tional Security Cutter, acquired by the maximum speed the cutter shall be built to ‘‘(1) have acquisition management as that Coast Guard and delivered after the date of achieve. official’s primary duty; and enactment of this Act to be classed by the (8) INSPECTOR GENERAL ACCESS.—A require- ‘‘(2) report directly to the Commandant to American Bureau of Shipping, before accept- ment that the Department of Homeland Se- advise and assist the Commandant to ensure ance of delivery; curity’s Office of the Inspector General shall that the mission of the Coast Guard is (2) cause the design and construction of have access to all records maintained by all achieved through the management of the each National Security Cutter, other than contractors working on the Deepwater Pro- Coast Guard’s acquisition activities. National Security Cutter 1 and 2, to be cer- gram, and shall have the right to privately ‘‘(b) AUTHORITY AND FUNCTIONS OF THE tified by an independent third party with ex- interview any contractor personnel. CHIEF ACQUISITION OFFICER.—The functions pertise in vessel design and construction cer- (d) LIFE CYCLE COST ESTIMATE.— of the Chief Acquisition Officer shall in- tification to be able to meet a 185-underway- (1) IN GENERAL.—The Secretary shall de- clude— day requirement under general Atlantic and velop an authoritative life cycle cost esti- ‘‘(1) monitoring the performance of acqui- North Pacific sea conditions for a period of mate for the Deepwater Program. sition activities and acquisition programs of at least 30 years; (2) CONTENTS.—The life cycle cost estimate the Coast Guard, evaluating the performance (3) cause all electronics on all aircraft, sur- shall include asset acquisition and logistics of those programs on the basis of applicable face, and shore assets that require TEM- support decisions and planned operational performance measurements, and advising the PEST certification and that are delivered tempo and locations as of the date of enact- Commandant regarding the appropriate busi- after the date of enactment of this Act to be ment of this Act. ness strategy to achieve the mission of the tested and certified in accordance with TEM- (3) SUBMITTAL.—The Secretary shall— Coast Guard; PEST standards and communications secu- (A) submit the life cycle cost estimate to ‘‘(2) increasing the use of full and open rity (COMSEC) standards by an independent the Committee on Transportation and Infra- competition in the acquisition of property third party that is authorized by the Federal structure and the Committee on Homeland and services by the Coast Guard by estab- Government to perform such testing and cer- Security of the House of Representatives and lishing policies, procedures, and practices tification; and the Committee on Commerce, Science, and that ensure that the Coast Guard receives a (4) cause all aircraft and aircraft engines Transportation of the Senate within 4 sufficient number of sealed bids or competi- acquired by the Coast Guard and delivered months after the date of enactment of this tive proposals from responsible sources to after the date of enactment of this Act to be Act; and fulfill the Government’s requirements (in- certified for airworthiness by an independent (B) submit updates of the life cycle cost es- cluding performance and delivery schedules) third party with expertise in aircraft and timate to such Committees annually. at the lowest cost or best value considering aircraft engine certification, before accept- (e) CONTRACT OFFICERS.—The Secretary the nature of the property or service pro- ance of delivery. shall assign a separate contract officer for cured; (b) FIRST IN CLASS OF A MAJOR ASSET AC- each class of cutter and aircraft acquired or ‘‘(3) ensuring the use of detailed perform- QUISITION.—The Secretary shall cause the rehabilitated under the Deepwater Program, ance specifications in instances in which per- first in class of a major asset acquisition of including the National Security Cutter, the formance-based contracting is used; a cutter or an aircraft to be subjected to an Offshore Patrol Cutter, the Fast Response ‘‘(4) making acquisition decisions con- assessment of operational capability con- Cutter A, the Fast Response Cutter B, mari- sistent with all applicable laws and estab- ducted by the Secretary of the Navy. time patrol aircraft, the aircraft HC–130J, lishing clear lines of authority, account- (c) FINAL ARBITER.—The Secretary shall be the helicopter HH–65, the helicopter HH–60, ability, and responsibility for acquisition de- the final arbiter of all technical disputes re- and the vertical unmanned aerial vehicle. cisionmaking within the Coast Guard; garding designs and acquisitions of vessels (f) TECHNOLOGY RISK REPORT.—The Sec- ‘‘(5) managing the direction of acquisition and aircraft for the Coast Guard. retary shall submit to the Committee on policy for the Coast Guard, including imple- SEC. 805. NATIONAL SECURITY CUTTERS. Transportation and Infrastructure and the mentation of the unique acquisition policies, (a) NATIONAL SECURITY CUTTERS 1 AND 2.— Committee on Homeland Security of the regulations, and standards of the Coast (1) REPORT ON OPTIONS UNDER CONSIDER- House of Representatives and the Committee Guard; ATION.—The Secretary shall submit to the on Commerce, Science, and Transportation ‘‘(6) developing and maintaining an acqui- Committee on Transportation and Infra- of the Senate a report identifying the tech- sition career management program in the structure and the Committee on Homeland nology risks and level of maturity for major Coast Guard to ensure that there is an ade- Security of the House of Representatives and technologies used on each class of asset ac- quate professional workforce; and the Committee on Commerce, Science, and quisitions under the Deepwater Program, in- ‘‘(7) as part of the strategic planning and Transportation of the Senate— cluding the Fast Response Cutter A (FRC–A), performance evaluation process required (A) within 120 days after the date of enact- the Fast Response Cutter B (FRC–B), the Off- under section 306 of title 5 and sections ment of this Act, a report describing in de- shore Patrol Cutter (OPC), and the Vertical 1105(a)(28), 1115, 1116, and 9703 of title 31— tail the cost increases that have been experi- Unmanned Aerial Vehicle (VUAV), not later ‘‘(A) assessing the requirements estab- enced on National Security Cutters 1 and 2 than 90 days before the date of award of a lished for Coast Guard personnel regarding since the date of the issuance of the task or- contract for such an acquisition. knowledge and skill in acquisition resources ders for construction of those cutters and ex- (g) SUBMISSION OF ASSESSMENT RESULTS management and the adequacy of such re- plaining the causes of these cost increases; AND PLANS TO CONGRESS.—The Commandant quirements for facilitating the achievement and of the Coast Guard shall submit to the Com- of the performance goals established for ac- (B) within 180 days after the date of enact- mittee on Transportation and Infrastructure quisition management; ment of this Act, a report on the options and the Committee on Homeland Security of ‘‘(B) in order to rectify any deficiency in that the Coast Guard is considering to the House of Representatives and the Com- meeting such requirements, developing strengthen the hulls of National Security mittee on Commerce, Science, and Transpor- strategies and specific plans for hiring, Cutter 1 and National Security Cutter 2, in- tation of the Senate— training, and professional development; and cluding— (1) the results of each Early Operational ‘‘(C) reporting to the Commandant on the (i) the costs of each of the options under Assessment conducted pursuant to sub- progress made in improving acquisition man- consideration; section (c)(5)(A) and the plan approved by agement capability.’’. (ii) a schedule for when the hull strength- the Commandant pursuant to subsection (b) CLERICAL AMENDMENT.—The table of ening repairs are anticipated to be per- (c)(5)(B) for addressing the findings of such sections at the beginning of such chapter is formed; and assessment, within 30 days after the Com- amended by adding at the end the following: (iii) the impact that the weight likely to mandant approves the plan; and ‘‘56. Chief Acquisition Officer.’’. be added to each the cutter by each option (2) a report describing how the rec- (c) SPECIAL RATE SUPPLEMENTS.— will have on the cutter’s ability to meet both ommendations of each Early Operational As- (1) REQUIREMENT TO ESTABLISH.—Not later the original performance requirements in- sessment conducted pursuant to subsection than 1 year after the date of enactment of cluded in the Deepwater Program contract (c)(5)(A) on the first in class of a new cutter this Act and in accordance with part 9701.333 and the performance requirements created class have been addressed in the design on of title 5, Code of Federal Regulations, the by contract Amendment Modification 00042 which construction is to begin, within 30 Commandant of the Coast Guard shall estab- dated February 7, 2007. days before initiation of construction. lish special rate supplements that provide (2) DESIGN ASSESSMENT.—Not later than 30 SEC. 803. CHIEF ACQUISITION OFFICER. higher pay levels for employees necessary to days before the Coast Guard signs any con- (a) IN GENERAL.—Chapter 3 of title 14, carry out the amendment made by this sec- tract, delivery order, or task order to United States Code, is further amended by tion. strengthen the hull of either of National Se- adding at the end the following: (2) SUBJECT TO APPROPRIATIONS.—The re- curity Cutter 1 or 2 to resolve the structural ‘‘§ 56. Chief Acquisition Officer quirement under paragraph (1) is subject to design and performance issues identified in ‘‘(a) ESTABLISHMENT OF AGENCY CHIEF AC- the availability of appropriations. the Department of Homeland Security In- QUISITION OFFICER.—The Commandant shall SEC. 804. TESTING AND CERTIFICATION. spector General’s report OIG–07–23 dated appoint or designate a career reserved em- (a) IN GENERAL.—The Secretary shall— January 2007, the Secretary shall submit to

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.009 H24APPT1 smartinez on PROD1PC64 with HOUSE April 24, 2008 CONGRESSIONAL RECORD — HOUSE H2707 the Committee on Transportation and Infra- the VUAV and identifying the delivery date way under general Atlantic and North Pa- structure and the Committee on Homeland for the first and last VUAV. cific Sea conditions the cutter shall be built Security of the House of Representatives and (3) Within 30 days after the elevation to to achieve. the Committee on Commerce, Science, and flag-level for resolution of any design or (11) The Secretary shall report annually on Transportation of the Senate all results of other dispute regarding the Deepwater Pro- the percentage of the total amount of funds an assessment of the proposed hull strength- gram contract or an item to be procured expended on procurements under the Deep- ening design conducted by the Naval Surface under that contract, including a detailed de- water Program that has been paid to each of Warfare Center, Carderock Division, includ- scription of the issue and the rationale un- small businesses and minority-owned busi- ing a description in detail of the extent to derlying the decision taken by the flag offi- nesses. which the hull strengthening measures to be cer to resolve the issue. (12) Within 120 days after the date of enact- implemented on those cutters will enable the (4) Within 4 months after the date of enact- ment of this Act, a report on any Coast cutters to meet a 185-underway-day require- ment of this Act, a report detailing the total Guard mission performance gap due to the ment under general Atlantic and North Pa- number of change orders that have been cre- removal of Deepwater Program assets from cific sea conditions for a period of at least 30 ated by the Coast Guard under the Deep- service. The report shall include the fol- years. water Program before the date of enactment lowing: (b) NATIONAL SECURITY CUTTERS 3 THROUGH of this Act, the total cost of these change or- (A) A description of the mission perform- 8.—Not later than 30 days before the Coast ders, and their impact on the Deepwater Pro- ance gap detailing the geographic regions Guard signs any contract, delivery order, or gram schedule. and Coast Guard capabilities affected. task order authorizing construction of Na- (5) Within 180 days after the date of enact- (B) An analysis of factors affecting the tional Security Cutters 3 through 8, the Sec- ment of this Act, a report detailing the tech- mission performance gap that are unrelated retary shall submit to the Committee on nology risks and level of maturity for major to the Deepwater Program, including deploy- Transportation and Infrastructure and the technologies used on maritime patrol air- ment of Coast Guard assets overseas and Committee on Homeland Security of the craft, the HC–130J, and the National Secu- continuous vessel shortages. House of Representatives and the Committee rity Cutter. (C) A description of measures being taken on Commerce, Science, and Transportation (6) Not less than 60 days before signing a in the near term to fill the mission perform- of the Senate all results of an assessment of contract to acquire any vessel or aircraft, a ance gap, including what those measures are the proposed designs to resolve the struc- report comparing the cost of purchasing that and when they will be implemented. tural design, safety, and performance issues vessel or aircraft directly from the manufac- (D) A description of measures being taken identified by the Department of Homeland turer or shipyard with the cost of procuring in the long term to fill the mission perform- Security Office of Inspector General report it through the Integrated Coast Guard Sys- ance gap, including what those measures are OIG–07–23 for the hulls of those cutters con- tem. and when they will be implemented. ducted by the Naval Surface Warfare Center, (7) Within 30 days after the Program Exec- (E) A description of the potential alter- Carderock Division, including a description utive Officer of the Deepwater Program be- natives to fill the mission performance gap, in detail of the extent to which such designs comes aware of a likely cost overrun exceed- including any acquisition or lease considered will enable the cutters to meet a 185-under- ing 5 percent of the overall asset acquisition and the reasons they were not pursued. contract cost or schedule delay exceeding 5 way-day requirement under general Atlantic (b) REPORT REQUIRED ON ACCEPTANCE OF percent of the estimated asset construction and North Pacific sea conditions. DELIVERY OF INCOMPLETE ASSET.— period under the Deepwater Program, a re- (1) IN GENERAL.—If the Secretary accepts SEC. 806. MISCELLANEOUS REPORTS. port by the Commandant containing a de- delivery of an asset after the date of enact- (a) IN GENERAL.—The Secretary shall sub- scription of the cost overrun or delay, an ex- ment of this Act for which a contractually mit the following reports to the Committee planation of the overrun or delay, a descrip- required certification cannot be achieved on Transportation and Infrastructure and tion of Coast Guard’s response, and a de- within 30 days after the date of delivery or the Committee on Homeland Security of the scription of significant delays in the pro- with any system that is not fully functional House of Representatives and the Committee curement schedule likely to be caused by the for the mission for which it was intended, on Commerce, Science, and Transportation overrun or delay. the Secretary shall submit to the Committee of the Senate: (8) Within 90 days after the date of enact- (1) Within 4 months after the date of enact- ment of this Act, articulation of a doctrine on Transportation and Infrastructure and ment of this Act, a justification for why 8 and description of an anticipated implemen- the Committee on Homeland Security of the National Security Cutters are required to tation of a plan for management of acquisi- House of Representatives and the Committee meet the operational needs of the Coast tions programs, financial management (in- on Commerce, Science, and Transportation Guard, including— cluding earned value management and cost of the United States Senate within 30 days (A) how many days per year each National estimating), engineering and logistics man- after accepting delivery of the asset a report Security Cutter will be underway at sea; agement, and contract management, that in- explaining why acceptance of the asset in (B) where each National Security Cutter cludes— such a condition is in the best interests of will be home ported; (A) a description of how the Coast Guard the United States Government. (C) the amount of funding that will be re- will cultivate among uniformed personnel (2) CONTENTS.—The report shall— quired to establish home port operations for expertise in acquisitions management and fi- (A) specify the systems that are not able to each National Security Cutter; nancial management; achieve contractually required certifications (D) the extent to which 8 National Secu- (B) a description of the processes that will within 30 days after the date of delivery and rity Cutters deployed without vertical un- be followed to draft and ensure technical re- the systems that are not fully functional at manned aerial vehicles (VUAV) will meet or view of procurement packages, including the time of delivery for the missions for exceed the mission capability (including sur- statements of work, for any class of assets which they were intended; veillance capacity) of the 12 Hamilton-class acquired by the Coast Guard; (B) identify milestones for the completion high endurance cutters that the National Se- (C) a description of how the Coast Guard of required certifications and to make all curity Cutters will replace; will conduct an independent cost estimating systems fully functional; and (E) the business case in support of con- process, including independently developing (C) identify when the milestones will be structing National Security Cutters 3 cost estimates for major change orders; and completed, who will complete them, and the through 8, including a cost-benefit analysis; (D) a description of how Coast Guard will cost to complete them. and strengthen the management of change or- SEC. 807. USE OF THE NAVAL SEA SYSTEMS COM- (F) an analysis of how many Offshore Pa- ders. MAND, THE NAVAL AIR SYSTEMS trol Cutters would be required to provide the (9) Within 4 months after the date of enact- COMMAND, AND THE SPACE AND patrol coverage provided by a National Secu- ment of this Act, a report on the develop- NAVAL WARFARE SYSTEMS COM- MAND TO ASSIST THE COAST GUARD rity Cutter. ment of a new acquisitions office within the IN EXERCISING TECHNICAL AU- (2) Within 4 months after the date of enact- Coast Guard describing the specific staffing THORITY FOR THE DEEPWATER ment of this Act, a report on— structure for that directorate, including— PROGRAM AND OTHER COAST (A) the impact that deployment of a Na- (A) identification of all managerial posi- GUARD ACQUISITION PROGRAMS. tional Security Cutter and other cutter as- tions proposed as part of the office, the func- (a) FINDINGS.—Congress finds that the sets without the vertical unmanned aerial tions that each managerial position will fill, Coast Guard’s use of the technical, contrac- vehicle (VUAV) will have on the amount of and the number of employees each manager tual, and program management oversight ex- patrol coverage that will be able to be pro- will supervise; and pertise of the Department of the Navy in vided during missions conducted by the Na- (B) a formal organizational chart and iden- ship and aircraft production complements tional Security Cutter and all other cutters tification of when managerial positions are and augments the Coast Guard’s organic ex- planned to be equipped with a VUAV; to be filled. pertise as it procures assets for the Deep- (B) how the coverage gap will be made up; (10) Ninety days prior to the issuance of a water Program. (C) an update on the current status of the Request for Proposals for construction of an (b) INTER-SERVICE TECHNICAL ASSIST- development of the VUAV; and Offshore Patrol Cutter, a report detailing the ANCE.—The Secretary may enter into a (D) the timeline detailing the major mile- service life, fatigue life, maximum range, memorandum of understanding or a memo- stones to be achieved during development of maximum speed, and number of days under- randum of agreement with the Secretary of

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.009 H24APPT1 smartinez on PROD1PC64 with HOUSE H2708 CONGRESSIONAL RECORD — HOUSE April 24, 2008 the Navy to provide for the use of the Navy with an emphasis on such students who are nology, engineering, mathematics (STEM), Systems Commands to assist the Coast majoring in management or business admin- and information technology or other fields Guard with the oversight of Coast Guard istration, international affairs, political critical to the mission of the Coast Guard; major acquisition programs. Such memo- science, marine sciences, criminal justice, or and randum of understanding or memorandum of any other major related to homeland secu- (3) strengthen instructional ability among agreement shall, at a minimum provide for— rity. faculty. (1) the exchange of technical assistance (d) AUTHORIZATION OF APPROPRIATIONS.— (d) AUTHORIZATION OF APPROPRIATIONS.— and support that the Coast Guard Chief En- There are authorized to be appropriated There are authorized to be appropriated gineer and the Coast Guard Chief Informa- $2,000,000 to the Commandant to carry out $2,500,000 to the Commandant to carry out tion Officer, as Coast Guard Technical Au- this section. this section, including for instrumentation thorities, may identify; SEC. 902. MSI INITIATIVES. acquisition and funding undergraduate stu- dent scholarships, graduate fellowships, and (2) the use, as appropriate, of Navy tech- (a) ESTABLISHMENT OF MSI STUDENT PRE- faculty-post doctoral study. nical expertise; and COMMISSIONING INITIATIVE.—The Com- (3) the temporary assignment or exchange mandant of the Coast Guard shall establish SEC. 904. DEFINITION. of personnel between the Coast Guard and an MSI component of the College Student For purposes of this title, the terms ‘‘mi- the Navy Systems Commands to facilitate Pre-Commissioning Initiative (to be known nority serving institution’’, ‘‘minority serv- ing institutions’’, and ‘‘MSI’’ mean a histori- the development of organic capabilities in as the ‘‘MSI Student Pre-Commissioning Ini- cally Black college or university (as defined the Coast Guard. tiative Program’’) to ensure greater partici- in section 322 of the Higher Education Act of (c) TECHNICAL AUTHORITIES.—The Coast pation by students from MSIs in the College 1965), a Hispanic-serving institution (as de- Guard Chief Engineer, Chief Information Of- Student Pre-Commissioning Initiative. fined in section 502 of such Act), a Tribal ficer, and Chief Acquisition Officer shall (b) PARTICIPATION IN OFFICER CANDIDATE adopt, to the extent practicable, procedures College or University (as defined in section SCHOOL.—The Commandant of the Coast 316 of such Act), a Predominantly Black in- that are similar to those used by the Navy Guard shall ensure that graduates of the MSI Senior Acquisition Official to ensure the stitution (as defined in section 499A(c) of Student Pre-Commissioning Initiative Pro- such Act), or a Native American-serving non- Coast Guard Technical Authorities, or des- gram are included in the first enrollment for ignated Technical Warrant Holders, approve tribal institution (as defined in section Officer Candidate School that commences 499A(c) of such Act). all technical requirements. after the date of enactment of this title and TITLE X—APPEALS TO NATIONAL (d) COORDINATION.—The Secretary, acting each enrollment period thereafter. TRANSPORTATION SAFETY BOARD through the Commandant of the Coast (c) REPORTS.—Not later than 90 days after Guard, may coordinate with the Secretary of the conclusion of each academic year with SEC. 1001. RIGHTS OF APPEAL REGARDING LI- the Navy, acting through the Chief of Naval respect to which the College Student Pre- CENSES, CERTIFICATES OF REG- ISTRY, AND MERCHANT MARINERS’ Operations, to develop processes by which Commissioning Initiative and the MSI Stu- the assistance will be requested from the DOCUMENTS. dent Pre-Commissioning Initiative Program (a) DENIAL OF ISSUANCE OR RENEWAL.— Navy Systems Commands and provided to is carried out beginning with the first full the Coast Guard. (1) LICENSES AND CERTIFICATES OF REG- academic year after the date of the enact- ISTRY.—Section 7101 of title 46, United States (e) REPORT.—Not later than 120 days after ment of this title, the Commandant shall Code, is amended by adding at the end the the date of enactment of this Act and every submit to the Committee on Transportation twelve months thereafter, the Commandant following new subsection: and Infrastructure and the Committee on ‘‘(j) APPEALS TO THE NATIONAL TRANSPOR- of the Coast Guard shall report to the Com- Homeland Security of the House of Rep- TATION SAFETY BOARD.— mittee on Transportation and Infrastructure resentatives and the Committee on Com- ‘‘(1) IN GENERAL.—An individual whose ap- and the Committee on Homeland Security of merce of the Senate a report on the number plication for the issuance or renewal of a li- the House of Representatives and the Com- of students in the College Student Pre-Com- cense or certificate of registry has been de- mittee on Commerce, Science, and Transpor- missioning Initiative and the number of stu- nied under this chapter by the Secretary tation of the Senate on the activities under- dents in the MSI Student Pre-Commis- may appeal that decision to the National taken pursuant to such memorandum of un- sioning Initiative Program, outreach efforts, Transportation Safety Board, unless the in- derstanding or memorandum of agreement. and demographic information of enrollees in- dividual holds a license or certificate that— SEC. 808. DEFINITIONS. cluding, age, gender, race, and disability. ‘‘(A) is suspended at the time of the denial; In this title: (d) ESTABLISHMENT OF MSI AVIATION OFFI- or (1) DEEPWATER PROGRAM.—The term ‘‘Deep- CER CORPS INITIATIVE.—The Commandant of ‘‘(B) was revoked within the one-year pe- water Program’’ means the Integrated Deep- the Coast Guard shall establish an MSI Avia- riod ending on the date of the denial. water Systems Program described by the tion Officer Corps Initiative to increase the ‘‘(2) PROCEDURE.—The Board shall conduct Coast Guard in its report to Congress enti- diversity of the Coast Guard Aviation Officer a hearing on the appeal. The Board is not tled ‘‘Revised Deepwater Implementation Corps through an integrated recruiting, ac- bound by findings of fact of the Secretary Plan 2005’’, dated March 25, 2005. The Deep- cession, training, and assignment process but is bound by all validly adopted interpre- water Program primarily involves the pro- that offers guaranteed flight school opportu- tations of laws and regulations the Secretary curement of cutter and aviation assets that nities to students from minority serving in- carries out unless the Board finds an inter- operate more than 50 miles offshore. stitutions. pretation is arbitrary, capricious, or other- (2) SECRETARY.—The term ‘‘Secretary’’ (e) AUTHORIZATION OF APPROPRIATIONS.— wise not according to law. At the end of the means the Secretary of the department in There are authorized to be appropriated hearing, the Board shall decide whether the which the Coast Guard is operating. $3,000,000 to the Commandant to carry out individual meets the requirements for TITLE IX—MINORITY SERVING this section. issuance or renewal of the license or certifi- INSTITUTIONS SEC. 903. COAST GUARD-MSI COOPERATIVE cate of registry under applicable regulations SEC. 901. MSI MANAGEMENT INTERNSHIP PRO- TECHNOLOGY PROGRAM. and standards. The Secretary is bound by the GRAM. (a) ESTABLISHMENT.—The Commandant of Board’s decision.’’. (a) ESTABLISHMENT AND PURPOSE.—The the Coast Guard shall establish a Coast (2) MERCHANT MARINERS’ DOCUMENTS.—Sec- Commandant of the Coast Guard shall estab- Guard Laboratory of Excellence-MSI Cooper- tion 7302 of title 46, United States Code, is lish a two part management internship pro- ative Technology Program at three minority amended by adding at the end the following gram for students at minority serving insti- serving institutions to focus on priority se- new subsection: tutions (MSI) to intern at Coast Guard head- curity areas for the Coast Guard, such as ‘‘(h) APPEALS TO THE NATIONAL TRANSPOR- quarters or a Coast Guard regional office, to global maritime surveillance, resilience, and TATION SAFETY BOARD.— be known as the ‘‘MSI Management Intern- recovery. ‘‘(1) IN GENERAL.—An individual whose ap- ship Program’’, to develop a cadre of civil- (b) COLLABORATION.—The Commandant plication for the issuance or renewal of a ian, career mid-level and senior managers for shall encourage collaboration among the mi- merchant mariners’ document has been de- the Coast Guard. nority serving institutions selected under nied under this chapter by the Secretary (b) OPERATION.—The MSI Management In- subsection (a) and institutions of higher edu- may appeal that decision to the National ternship Program shall be managed by the cation with institutional research and aca- Transportation Safety Board, unless the in- Secretary of Homeland Security, acting demic program resources and experience. dividual holds a merchant mariners’ docu- through the Commandant of the Coast (c) PARTNERSHIPS.—The heads of the lab- ment that— Guard, in coordination with National Asso- oratories established at the minority serving ‘‘(A) is suspended at the time of the denial; ciation for Equal Opportunity in Higher Edu- institutions pursuant to subsection (a) may or cation, the Hispanic Association of Colleges seek to establish partnerships with the pri- ‘‘(B) was revoked within the one-year pe- and Universities, and the American Indian vate sector, especially small, disadvantaged riod ending on the date of denial. Higher Education Consortium. businesses, to— ‘‘(2) PROCEDURE.—The Board shall conduct (c) CRITERIA FOR SELECTION.—Participation (1) develop increased research and develop- a hearing on the appeal. The Board is not in the MSI Management Internship Program ment capacity; bound by findings of fact of the Secretary shall be open to sophomores, juniors, and (2) increase the number of baccalaureate but is bound by all validly adopted interpre- seniors at minority serving institutions, and graduate degree holders in science, tech- tations of laws and regulations the Secretary

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.009 H24APPT1 smartinez on PROD1PC64 with HOUSE April 24, 2008 CONGRESSIONAL RECORD — HOUSE H2709 carries out unless the Board finds an inter- fact of the Board are conclusive if supported from the administrative offices of the Coast pretation is arbitrary, capricious, or other- by substantial evidence. Guard Office of the Administrative Law wise not according to law. At the end of the ‘‘§ 7708. Limitations on the Coast Guard’s con- Judges sufficient administrative personnel hearing, the Board shall decide whether the duct of administrative proceedings and other resources adequate to effect an or- individual meets the requirements for ‘‘The Coast Guard shall not conduct any derly transfer of pending cases to the Na- issuance or renewal of the document under administrative proceeding under section tional Transportation Safety Board. (b) TRANSFER OF FUNDS.—For each of fiscal applicable regulations and standards. The 7101, 7302, 7503, chapter 77, or section 9303 of years 2009 and 2010, 80 percent of all funding Secretary is bound by the Board’s decision.’’. this title under any contractual relationship (b) SUSPENSION AND REVOCATION.—Chapter appropriated for the Coast Guard’s Office of or interagency agreement with the National Administrative Law Judges shall be trans- 77 of title 46, United States Code, is amend- Transportation Safety Board after October 1, ed— ferred as an interagency transfer to the Na- 2009.’’; and tional Transportation Safety Board and used (1) in section 7702— (3) in the analysis at the beginning of the (A) by striking subsection (b); and for the Safety Board Office of Administra- chapter by adding at the end the following tive Law Judges. (B) by redesignating subsections (c) and (d) new items: as subsections (b) and (c), respectively; (c) MARITIME ENFORCEMENT APPEALS AC- (2) by adding at the end the following new ‘‘Sec. 7707. Appeals to the National Trans- TIVITY.— sections: portation Safety Board. (1) IN GENERAL.—The National Transpor- ‘‘Sec. 7708. Limitations on the Coast Guard’s tation Safety Board may establish within ‘‘§ 7707. Appeals to the National Transpor- conduct of administrative pro- the National Transportation Safety Board tation Safety Board ceedings.’’. Office of Administrative Law Judges a mari- ‘‘(a) IN GENERAL.—An individual whose li- (c) EFFECTIVE DATE.—This section shall time enforcement appeals activity, to oper- cense, certificate of registry, or merchant take effect on October 1, 2008. ate in concert or parallel with the aviation mariners’ document has been suspended or SEC. 1002. AUTHORITIES OF NATIONAL TRANS- enforcement appeals activity currently ex- revoked under this chapter by the Secretary PORTATION SAFETY BOARD. isting, sufficient to handle maritime enforce- may appeal that decision within 30 days to (a) REVIEW OF OTHER AGENCY ACTION.—Sec- ment appeals under title 46, United States the National Transportation Safety Board. tion 1133 of title 49, United States Code, is Code, as amended by this title. The Board shall affirm or reverse the order amended by striking paragraph (3) and in- (2) FILLING OF ADMINISTRATIVE LAW JUDGE after providing notice and an opportunity for serting the following: POSITIONS.—Any Administrative Law Judge a hearing on the record. In conducting the ‘‘(3) the denial, amendment, modification, position established by the National Trans- hearing under this section, the Board is not suspension, or revocation of a license, cer- portation Safety Board to address the cases bound by findings of fact of the Secretary tificate, document, or register in a pro- and responsibilities transferred under this but is bound by all validly adopted interpre- ceeding under section 7101, 7302, 7503, or 9303, section shall be filled through the estab- tations of laws and regulations the Secretary or chapter 77, of title 46; and’’. lished Administrative Law Judge hiring carries out and of written agency policy (b) JUDICIAL REVIEW.— process. guidance available to the public related to (1) IN GENERAL.—Section 1153 of title 49, (3) LIMITATION ON EFFECT.—This section sanctions to be imposed under this section, United States Code, is amended— shall not be construed— unless the Board finds an interpretation is (A) in the heading for subsection (b) by in- (A) to transfer from the Coast Guard any arbitrary, capricious, or otherwise not ac- serting ‘‘and maritime’’ after ‘‘aviation’’; personnel, offices, or equipment funded cording to law. and under this provision; or ‘‘(b) EFFECTIVENESS OF ORDER PENDING AP- (B) by adding at the end the following new (B) to authorize requiring any person to PEAL.— subsection: transfer from the Coast Guard to the Na- ‘‘(1) IN GENERAL.—Except as provided in ‘‘(d) SECRETARY SEEKING JUDICIAL REVIEW tional Transportation Safety Board. paragraph (2), upon the filing by an indi- OF MARITIME MATTERS.—If the Secretary of (4) EXEMPTION FROM REGULATIONS RELATING vidual of an appeal with the Board under this the department in which the Coast Guard is TO REDUCTIONS IN FORCE.—Any redesignation subsection, the order of the Secretary sus- operating decides that an order of the Board of agency responsibilities under this title is pending or revoking the license, certificate under chapter 77 of title 46 will have a sig- exempt from subpart C of part 351 of title 5, of registry, or merchant mariners’ document nificant impact on carrying out this chapter Code of Federal Regulations, and does not is stayed. with respect to a maritime matter, the Sec- constitute a transfer of function (as that ‘‘(2) EXCEPTION.—If the Secretary notifies retary may obtain judicial review of the term is defined in section 351.203 of that the Board that the Secretary has determined order. Findings of fact of the Board are con- title) for purposes of that subpart. there exists an emergency affecting safety in clusive in those proceedings if supported by SEC. 1004. RULEMAKING REQUIREMENTS. maritime transportation requires the imme- substantial evidence.’’. (a) INTERIM FINAL RULE.—The National diate effectiveness of the order— (c) EFFECTIVE DATE.—This section shall Transportation Safety Board shall issue an ‘‘(A) the order shall remain in effect pend- take effect on October 1, 2008. interim final rule as a temporary regulation ing disposition of the appeal; SEC. 1003. TRANSFER OF PENDING APPEALS TO implementing this title (including the ‘‘(B) the Board shall make a final disposi- THE NATIONAL TRANSPORTATION amendments made by this title) as soon as tion of the appeal not later than 60 days SAFETY BOARD. practicable after the date of enactment of after the Secretary so notifies the Board; (a) ADMINISTRATION OF PENDING DOCKET.— this Act, without regard to chapter 5 of title and (1) TRANSFER OF PENDING CASES.—On Octo- 5, United States Code. All regulations pre- ‘‘(C) if the Board does not act within such ber 1, 2008, any pending cases remaining un- scribed under the authority of this sub- 60-day period, the order shall continue in ef- decided by the Coast Guard Office of Admin- section that are not earlier superseded by fect unless modified by the Secretary. istrative Law Judges shall be transferred to final regulations shall expire not later than 1 year after the date of enactment of this ‘‘(c) REVIEW OF EMERGENCY ORDER.—A per- the National Transportation Safety Board son affected by the immediate effectiveness for adjudication. Such cases shall be Act. (b) INITIATION OF RULEMAKING.—The Board of the Secretary’s order under subsection sequenced into the docket of the National may initiate a rulemaking to implement this Transportation Safety Board Office of Ad- (b)(2) may petition for a review by the Board title (including the amendments made by under procedures promulgated by the Board ministrative Law Judges in the same order this title) as soon as practicable after the of the Secretary’s determination that an as the dates of filing with the Coast Guard. date of enactment of this Act. The final rule emergency exists. Such petition shall be (2) DETAIL OF ADMINISTRATIVE LAW issued pursuant to that rulemaking may su- filed with the Board not later than 48 hours JUDGES.—The Secretary of the department in persede the interim final rule issued under after the order is received by the person. If which the Coast Guard is operating shall, if this section. requested by the Chairman of the National the Board finds that an emergency does not SEC. 1005. ADMINISTRATIVE LAW JUDGE RE- exist that requires the immediate applica- Transportation Safety Board, make avail- CRUITING PROGRAM. tion of the order in the interest of safety in able to the Board via temporary detail not to (a) IN GENERAL.—Within 60 days after the maritime transportation, the order shall be exceed 180 days, and thereafter at the discre- date of enactment of this Act, the Secretary stayed, notwithstanding subsection (b). The tion of the Secretary, Administrative Law of the department in which the Coast Guard Board shall dispose of a petition under this Judges currently employed by the Coast is operating shall establish a program to re- subsection not later than 5 days after the Guard sufficient to address the docket of cruit qualified individuals from appropriate date on which the petition is filed. maritime enforcement cases transferred by sources in an effort to achieve a workforce ‘‘(d) JUDICIAL REVIEW.—An individual who this subsection to the National Transpor- drawn from all segments of society in the is substantially affected by an order of the tation Safety Board and those subsequently Coast Guard’s Administrative Law Judge Board under this section, or the Secretary if filed with the National Transportation Safe- program. This program shall include— the Secretary decides that an order of the ty Board. (1) improved outreach efforts to include or- Board will have a significant adverse effect (3) ADMINISTRATIVE ASSISTANCE.—The Sec- ganizations outside the Federal Government on carrying out this part, may obtain judi- retary of the department in which the Coast in order to increase the number of minority cial review of the order. The Secretary shall Guard is operating shall, if requested by the candidates in the selection pool for Adminis- be made a party to the judicial review pro- Chairman of the National Transportation trative Law Judges from which the Coast ceedings. In those proceedings, findings of Safety Board, make available assistance Guard selects their judges; and

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.009 H24APPT1 smartinez on PROD1PC64 with HOUSE H2710 CONGRESSIONAL RECORD — HOUSE April 24, 2008 (2) recruitment of minority candidates for ‘‘(ii) judging the character, strength, sta- Committee on Commerce, Science, and Coast Guard Administrative Law Judges bility, and safety qualities of such vessels Transportation of the Senate a report on the from other Federal agencies. and their equipment; and Coast Guard’s efforts to recruit graduates (b) REPORT.—The Secretary shall provide a ‘‘(B) knowledge about the qualifications from the United States Merchant Marine report to the Committee on Transportation and training of vessel personnel. Academy and the State maritime colleges and Infrastructure of the House of Rep- ‘‘(2) Marine inspectors shall have the train- and individuals holding licenses issued under resentatives and the Committee on Com- ing, experience, and qualifications equiva- chapter 71 of title 46 to serve as limited duty merce, Science, and Transportation of the lent to that required for a surveyor of a simi- officers. The report shall include informa- Senate by October 1 of each year detailing lar position of a classification society recog- tion on the number of graduates recruited, the activities of the Coast Guard to comply nized by the Secretary under section 3316 of the lengths of service, the retention rates, with the requirements of this section. title 46 for the type of vessel, system, or and other activities undertaken by the Coast TITLE XI—MARINE SAFETY equipment that is inspected. Guard to sustain or increase the numbers of recruits and officers. SEC. 1101. MARINE SAFETY. ‘‘(3) Marine casualty investigators shall (a) ESTABLISH MARINE SAFETY AS A COAST have the training, experience, and qualifica- ‘‘§ 59. Center for Expertise for Marine Safety GUARD FUNCTION.—Chapter 5 of title 14, tions in investigation, accident reconstruc- ‘‘(a) ESTABLISHMENT.—The Commandant of United States Code, is further amended by tion, human factors, and documentation the Coast Guard may establish and operate a adding at the end the following new section: equivalent to that required for a marine cas- one or more Centers for Expertise for Marine ‘‘§ 100. Marine safety ualty investigator of the National Transpor- Safety (in this section referred to as a ‘Cen- tation Safety Board. ter’). ‘‘To protect life, property, and the environ- ‘‘(4) The Chief of Marine Safety of a sector ‘‘(b) MISSIONS.—The Centers shall— ment on, under, and over waters subject to shall be a qualified marine casualty investi- ‘‘(1) be used to provide and facilitate edu- the jurisdiction of the United States and on gator and marine inspector qualified to in- cation, training, and research in marine safe- vessels subject to the jurisdiction of the ty including vessel inspection and casuality United States, the Commandant shall pro- spect vessels, vessel systems, and equipment investigation; mote maritime safety as follows: commonly found in the sector. ‘‘(2) develop a repository of information on ‘‘(1) By taking actions necessary and in the ‘‘(5) Each individual signing a letter of marine safety; and public interest to protect such life, property, qualification for marine safety personnel ‘‘(3) perform any other missions as the and the environment. must hold a letter of qualification for the Commandant may specify. ‘‘(2) Based on the following priorities: type they are signing. ‘‘(6) The Assistant Commandant for Marine ‘‘(c) JOINT OPERATION WITH EDUCATIONAL ‘‘(A) Preventing marine casualties and Safety shall be a qualified marine casualty INSTITUTION AUTHORIZED.—The Commandant threats to the environment. investigator and a marine inspector qualified may enter into an agreement with an appro- ‘‘(B) Minimizing the impacts of marine for types of vessels, vessel systems, and priate official of an institution of higher casualties and environmental threats. equipment. education to— ‘‘(C) Maximizing lives and property saved ‘‘(1) provide for joint operation of a Center; ‘‘§ 58. Limited duty officers and environment protected in the event of a and marine casualty.’’. ‘‘(a) ESTABLISHMENT.—The Commandant ‘‘(2) provide necessary administrative serv- (b) CLERICAL AMENDMENT.—The analysis at shall establish in the Coast Guard a limited ices for a Center, including administration the beginning of such chapter is amended by duty officer program for marine safety. and allocation of funds. adding at the end the following new item: ‘‘(b) OFFICER ELIGIBILITY.—(1) Only com- ‘‘(d) ACCEPTANCE OF DONATIONS.—(1) Except ‘‘100. Marine safety.’’. missioned officers in the Coast Guard with as provided in paragraph (2), the Com- SEC. 1102. MARINE SAFETY STAFF. grade not above commander and chief war- mandant may accept, on behalf of a Center, (a) IN GENERAL.—Chapter 3 of title 14, rant officers who have more than four years donations to be used to defray the costs of United States Code, is further amended by of marine safety experience may serve as the Center or to enhance the operation of the adding at the end the following new section: limited duty officers under such program. Center. Those donations may be accepted ‘‘§ 57. Marine safety staff ‘‘(2) The Commandant may establish other from any State or local government, any for- limitations on eligibility that the Com- ‘‘(a) ASSISTANT COMMANDANT FOR MARINE eign government, any foundation or other SAFETY.—(1) There shall be in the Coast mandant believes are necessary for the good charitable organization (including any that Guard an Assistant Commandant for Marine of the marine safety program. is organized or operates under the laws of a Safety who shall be a Rear Admiral or civil- ‘‘(3) Notwithstanding section 41a and chap- foreign country), or any individual. ian from the Senior Executive Service (ca- ter 11 of this title, the Commandant shall, by ‘‘(2) The Commandant may not accept a reer reserved) selected by the Secretary. regulation, establish procedures pertaining donation under paragraph (1) if the accept- ‘‘(2) The Assistant Commandant for Marine to— ance of the donation would compromise or Safety shall serve as the principal advisor to ‘‘(A) the promotion of commissioned offi- appear to compromise— the Commandant regarding marine safety, cers and chief warrant officers who serve as ‘‘(A) the ability of the Coast Guard or the and carry out the duties and powers dele- limited duty officers, including the mainte- department in which the Coast Guard is op- gated and imposed by the Secretary under nance of a separate promotion list for com- erating, any employee of the Coast Guard or section 631(b). missioned officers who serve as limited duty the department, or any member of the armed ‘‘(b) CHIEF OF MARINE SAFETY.—(1) There officers; forces to carry out any responsibility or shall be in each Coast Guard sector a Chief of ‘‘(B) the discharge, retirement, and revoca- duty in a fair and objective manner; or Marine Safety who— tion of commissions of such officers; and ‘‘(B) the integrity of any program of the ‘‘(A) shall be at least a Commander or ci- ‘‘(C) the separation for cause of such offi- Coast Guard, the department in which the vilian at level GS–14; and cers. Coast Guard is operating, or of any person ‘‘(B) shall be colocated with the Coast ‘‘(4) The Commandant shall ensure that involved in such a program. Guard officer in command of that sector. the procedures promulgated under paragraph ‘‘(3) The Commandant shall prescribe writ- ‘‘(2) The chief of marine safety for a sec- (3)(A) encourage a specialization in marine ten guidance setting forth the criteria to be tor— safety and do not, in any way, inhibit or used in determining whether or not the ac- ‘‘(A) is responsible for all individuals who, prejudice the orderly promotion or advance- ceptance of a donation from a foreign source on behalf of the Coast Guard, inspect or ex- ment of commissioned officers and chief war- would have a result described in paragraph amine vessels, conduct marine casualty in- rant officers who serve as limited duty offi- (2). vestigations, or perform other marine safety cers. ‘‘§ 60. Marine industry training program. responsibilities defined in section 631(b) in ‘‘(5) The Commandant shall, by regulation, ‘‘(a) IN GENERAL.—The Commandant shall, the sector; and prescribe a step increase in the pay system by policy, establish a program under which ‘‘(B) if not the Coast Guard officer in com- for limited duty officers in the marine safety an officer, member, or employee of the Coast mand of that sector, is the principle advisor program. Guard may be assigned to a private entity to to that officers regarding marine safety mat- ‘‘(c) RECRUITMENT.—(1) The Commandant further the institutional interests of the ters in that sector. shall, by regulation, establish procedures Coast Guard with regard to marine safety, ‘‘(c) QUALIFICATIONS.—(1) The Assistant pertaining to the recruitment of graduates including for the purpose of providing train- Commandant for Marine Safety and the from the United States Merchant Marine ing to an officer, member, or employee. Poli- Chiefs of Marine Safety of sectors, and all Academy and the State maritime colleges cies to carry out the program— marine safety inspectors, investigators, ex- and individuals holding licenses issued under ‘‘(1) with regard to an employee of the aminers, and other professional staff as- chapter 71 of title 46 to serve as limited duty Coast Guard, shall include provisions, con- signed to the marine safety program of the officers. sistent with sections 3702 through 3704 of Coast Guard, shall be appointed on the basis ‘‘(2) Not later than the date of the submis- title 5, as to matters concerning— of their— sion of the President’s budget request under ‘‘(A) the duration and termination of as- ‘‘(A) knowledge, skill, and practical experi- section 1105 of title 31 for each fiscal year, signments; ence in— the Commandant shall submit to the Com- ‘‘(B) reimbursements; and ‘‘(i) the construction and operation of com- mittee on Transportation and Infrastructure ‘‘(C) status, entitlements, benefits, and ob- mercial vessels; and of the House of Representatives and the ligations of program participants; and

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.010 H24APPT1 smartinez on PROD1PC64 with HOUSE April 24, 2008 CONGRESSIONAL RECORD — HOUSE H2711 ‘‘(2) shall require the Commandant, before ‘‘(A) the funds and staff resources needed ‘‘(16) other duties and powers of the Sec- approving the assignment of an officer, to accomplish each activity included in the retary related to marine safety and steward- member, or employee of the Coast Guard to strategy and plans; and ship. a private entity, to determine that the as- ‘‘(B) the staff skills and training needed for ‘‘(c) OTHER AUTHORITY NOT AFFECTED.— signment is an effective use of the Coast timely and effective accomplishment of each Nothing in subsection (b) affects— Guard’s funds, taking into account the best goal. ‘‘(1) the authority of Coast Guard officers interests of the Coast Guard and the costs ‘‘(c) SUBMISSION WITH THE PRESIDENT’S and members to enforce marine safety regu- and benefits of alternative methods of BUDGET.—Beginning with fiscal year 2010 and lations using authority under section 89 of achieving the same results and objectives. each fiscal year thereafter, the Secretary this title; or ‘‘(b) ANNUAL REPORT.—Not later than the shall submit to Congress the strategy and ‘‘(2) the exercise of authority under section date of the submission each year of the annual plan at the same time as the Presi- 91 of this title and the provisions of law codi- President’s budget request under section 1105 dent’s budget submission under section 1105 fied at sections 191 through 195 of title 50 on of title 31, the Commandant shall submit to of title 31. the date of enactment of this paragraph.’’. the Committee on Transportation and Infra- ‘‘(d) ACHIEVEMENT OF GOALS.— SEC. 1105. APPEALS AND WAIVERS. structure of the House of Representatives ‘‘(1) PROGRESS ASSESSMENT.—No less fre- (a) IN GENERAL.—Chapter 5 of title 14, and the Committee on Commerce, Science, quently than semiannually, the Coast Guard United States Code, is further amended by and Transportation of the Senate a report Commandant and the Assistant Com- inserting at the end the following new sec- that describes— mandant for Marine Safety shall jointly as- tion: ‘‘(1) the number of officers, members, and sess the progress of the Coast Guard toward ‘‘§ 102. Appeals and waivers employees of the Coast Guard assigned to achieving the goals set forth in subsection ‘‘Except for the Commandant of the Coast private entities under this section; (b). The Commandant and the Assistant Guard, any individual adjudicating an appeal ‘‘(2) the specific benefit that accrues to the Commandant shall jointly convey their as- of a decision or granting a waiver regarding Coast Guard for each assignment.’’. sessment to the employees of the Assistant marine safety, including inspection or man- (b) CERTIFICATES OF INSPECTION.—Section Commandant and shall identify any defi- ning and threats to the environment, shall 3309 of title 46, United States Code, is amend- ciencies that should be remedied before the be a qualified specialist with the training, ed by adding at the end the following: next progress assessment. experience and qualifications in marine safe- ‘‘(d) A certificate of inspection issued ‘‘(2) REPORT TO CONGRESS.—The Secretary ty to judge the facts and circumstances in- under this section shall be signed by the in- shall report annually to the Committee on volved in the appeal or waiver and make a dividuals that inspected the vessel.’’. Transportation and Infrastructure of the (c) CLERICAL AMENDMENT.—The table of judgment regarding the merits of the appeal House of Representatives and the Committee sections at the beginning of such chapter is or waiver. In the case of an appeal or waiver on Commerce, Science, and Transportation amended by adding at the end the following involving an inspected vessel, vessel systems of the Senate— new items: or equipment, the individual shall hold a let- ‘‘(A) on the performance of the marine ter of qualification to inspect the type of ‘‘57. Marine safety staff. safety program in achieving the goals of the ‘‘58. Limited duty officers. vessel, vessel systems or equipment involved ‘‘59. Center for Expertise for Marine Safety. marine safety strategy and annual plan in the appeal or waiver.’’. ‘‘60. Marine industry training program.’’. under subsection (a) for the year covered by (b) CLERICAL AMENDMENT.—The analysis the report; SEC. 1103. MARINE SAFETY MISSION PRIORITIES for such chapter is further amended by add- AND LONG TERM GOALS. ‘‘(B) on the program’s mission performance ing at the end the following new item: (a) IN GENERAL.—Chapter 21 of title 46, in achieving numerical measurable goals es- ‘‘102. Appeals and waivers.’’. United States Code, is further amended by tablished under subsection (b); and SEC. 1106. COAST GUARD ACADEMY. adding after section 2116, as added by section ‘‘(C) recommendations on how to improve (a) IN GENERAL.—Chapter 9 of title 14, 313 of this Act, the following new section: performance of the program.’’. United States Code, is amended by adding at (b) CLERICAL AMENDMENT.—The analysis ‘‘§ 2117. Marine Safety Strategy, goals, and the end the following new section: for such chapter is amended by adding at the performance assessments ‘‘§ 199. Marine safety curriculum end the following new item: ‘‘(a) LONG-TERM STRATEGY AND GOALS.—In ‘‘The Commandant of the Coast Guard conjunction with existing federally required ‘‘2117. Marine Safety Strategy, goals, and shall ensure that professional courses of strategic planning efforts, the Secretary performance assessments.’’. study in marine safety are provided at the shall develop a long-term strategy for im- SEC. 1104. POWERS AND DUTIES. Coast Guard Academy, and during other offi- proving vessel safety and the safety of indi- Section 631 of title 14, United States Code, cer accession programs, to give Coast Guard viduals on vessels. The strategy shall include is amended— cadets and other officer candidates a back- the issuance each year of an annual plan and (1) by inserting ‘‘(a)’’ before the first sen- ground and understanding of the marine schedule for achieving the following goals: tence; and safety program. These courses may include ‘‘(1) Reducing the number and rates of ma- (2) by adding at the end the following new such topics as program history, vessel design rine casualties. subsection: and construction, vessel inspection, casualty ‘‘(2) Improving the consistency and effec- ‘‘(b) The Assistant Commandant for Ma- investigation, and administrative law and tiveness of vessel and operator enforcement rine Safety shall serve as the principle advi- regulations.’’. and compliance programs. sor to the Commandant regarding— (b) CLERICAL AMENDMENT.—The analysis ‘‘(3) Identifying and targeting enforcement ‘‘(1) the operation, regulation, inspection, for such chapter is further amended by add- efforts at high-risk vessels and operators. identification, manning, and measurement of ing at the end the following new item: ‘‘(4) Improving research efforts to enhance vessels, including plan approval and the ap- ‘‘199. Marine safety curriculum.’’. and promote vessel and operator safety and plication of load lines; SEC. 1107. GEOGRAPHIC STABILITY. performance. ‘‘(2) approval of materials, equipment, ap- (a) IN GENERAL.—Chapter 11 of title 14, ‘‘(b) CONTENTS OF STRATEGY AND ANNUAL pliances, and associated equipment; United States Code, is further amended by PLANS.— ‘‘(3) the reporting and investigation of ma- inserting after section 336 the following new ‘‘(1) MEASURABLE GOALS.—The strategy and rine casualties and accidents; section: annual plans shall include specific numeric ‘‘(4) the licensing, certification, docu- ‘‘§ 337. Geographic stability or measurable goals designed to achieve the mentation, protection and relief of merchant goals set forth in subsection (a). The pur- seamen; ‘‘The Commandant shall establish proce- poses of the numeric or measurable goals are ‘‘(5) suspension and revocation of licenses dures that provide geographic stability to in- the following: and certificates; terested Coast Guard officers, employees, ‘‘(A) To increase the number of safety ex- ‘‘(6) enforcement of manning requirements, and members assigned to the marine safety aminations on all high-risk vessels. citizenship requirements, control of log program carried out under section 100 who ‘‘(B) To eliminate the backlog of marine books; have a minimum of 10 years of service in the safety-related rulemakings. ‘‘(7) documentation and numbering of ves- marine safety program.’’. (b) CLERICAL AMENDMENT.—The analysis ‘‘(C) To improve the quality and effective- sels; for such chapter is further amended by add- ness of marine safety information databases ‘‘(8) State boating safety programs; ing at the end the following new item: by ensuring that all Coast Guard personnel ‘‘(9) commercial instruments and maritime accurately and effectively report all safety, liens; ‘‘337. Geographic stability.’’. casualty, and injury information. ‘‘(10) the administration of bridge safety; SEC. 1108. APPRENTICE PROGRAM. ‘‘(D) To provide for a sufficient number of ‘‘(11) administration of the navigation (a) IN GENERAL.—Chapter 11 of title 14, Coast Guard marine safety personnel, and rules; United States Code, is further amended by provide adequate facilities and equipment to ‘‘(12) the prevention of pollution from ves- inserting after section 337, as added by sec- carry out the powers and duties delegated sels; tion 1107 of this Act, the following new sec- and imposed by the Secretary under section ‘‘(13) ports and waterways safety; tion: 631(b). ‘‘(14) waterways management; including ‘‘§ 338. Apprentice program ‘‘(2) RESOURCE NEEDS.—The strategy and regulation for regattas and marine parades; ‘‘Any officer, member, or employee of the annual plans shall include estimates of— ‘‘(15) aids to navigation; and Coast Guard in training to become a marine

VerDate Aug 31 2005 05:18 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.010 H24APPT1 smartinez on PROD1PC64 with HOUSE H2712 CONGRESSIONAL RECORD — HOUSE April 24, 2008 inspector shall serve a minimum of one-year (C) procedures on the preservation of evi- (E) A plan for the actions that are to be apprenticeship, unless otherwise directed by dence potentially necessary for proof of taken in the following Academy program the Commandant of the Coast Guard, under criminal sexual assault. year regarding prevention of and response to the guidance of a qualified inspector before (3) Procedures for disciplinary action in sexual harassment and sexual violence in- conducting unsupervised inspections of ves- cases of alleged criminal sexual assault in- volving Academy personnel. sels under part B of subtitle II of title 46. The volving a cadet or other Academy personnel. (3) The Commandant of the Coast Guard Commandant may authorize shorter appren- (4) Any other sanction authorized to be im- shall transmit the annual report on the tice periods for certain qualifications, as ap- posed in a substantiated case of sexual har- Coast Guard Academy required under this propriate.’’. assment or sexual violence involving a cadet subsection, together with the Commandant’s (b) CLERICAL AMENDMENT.—The analysis or other Academy personnel in rape, ac- comments on the report, to the Secretary for such chapter is further amended by add- quaintance rape, or any other criminal sex- and the Board of Visitors of the Academy. ing at the end the following new item: ual offense, whether forcible or nonforcible. (4) The Secretary shall transmit the an- ‘‘338. Apprentice program.’’. (5) Required training on the policy for all nual report, together with the Secretary’s SEC. 1109. REPORT REGARDING CIVILIAN MA- cadets and other Academy personnel, includ- comments on the report, to the Committee RINE INSPECTORS. ing the specific training required for per- on Transportation and Infrastructure of the Not later than one year after the date of sonnel who process allegations of sexual har- House of Representatives and the Committee enactment of this Act, the Commandant of assment or sexual violence involving Acad- on Commerce, Science, and Transportation the Coast Guard shall submit to the Com- emy personnel. of the Senate. mittee on Transportation and Infrastructure (c) ANNUAL ASSESSMENT.— (5) The report for the 2009 Academy pro- of the House of Representatives and the (1) The Secretary, through the Com- gram year for the Academy shall be sub- Committee on Commerce, Science, and mandant of the Coast Guard, shall direct the mitted to the Commandant of the Coast Transportation of the Senate a report on Superintendent of the Coast Guard Academy Guard not later than one year after the date Coast Guard’s efforts to recruit and retain to conduct an assessment during each Acad- of the enactment of this Act. civilian marine inspectors and investigators emy program year to determine the effec- (6) In this subsection, the term ‘‘Academy and the impact of such recruitment and re- tiveness of the Academy’s policies, training, program year’’ with respect to a year, means tention efforts on Coast Guard organiza- and procedures on sexual harassment and the Academy program year that ends in that tional performance. sexual violence involving cadets and other year. The CHAIRMAN. No amendment to Academy personnel. At the end of title II add the following: that amendment shall be in order ex- (2) For the assessment for each of the 2009, SEC. ll. HOME PORT OF COAST GUARD VES- 2010, 2011, 2012, and 2013 Academy program SELS IN GUAM. cept those printed in part B of the re- years, the Superintendent shall conduct a Section 96 of title 14, United States Code, port. Each amendment may be offered survey of all Academy personnel— is amended— only in the order printed in the report, (A) to measure— (1) by striking ‘‘a State of the United may be offered only by a Member des- (i) the incidence, during that program States’’ and inserting ‘‘the United States or ignated in the report, shall be consid- year, of sexual harassment and sexual vio- Guam’’; and ered read, debatable for the time speci- lence events, on or off the Academy reserva- (2) by inserting ‘‘or Guam’’ after ‘‘outside fied in the report, equally divided and tion, that have been reported to officials of the United States’’. the Academy; and At the end of title III add the following: controlled by the proponent and an op- (ii) the incidence, in that program year, of SEC. ll. DELEGATION OF AUTHORITY TO CLAS- ponent, shall not be subject to amend- sexual harassment and sexual violence SIFICATION SOCIETIES REGARDING ment, and shall not be subject to a de- events, on or off the Academy reservation, OFFSHORE FACILITIES. mand for division of the question. that have not been reported to officials of Section 3316 of title 46, United States Code, is amended by adding at the end the fol- AMENDMENT NO. 1 OFFERED BY MR. OBERSTAR the Academy; and (B) to assess the perceptions of Academy lowing new subsection: The CHAIRMAN. It is now in order to ‘‘(d)(1) The Secretary may delegate to the personnel on— consider amendment No. 1 printed in American Bureau of Shipping or another (i) the policies, training, and procedures on classification society recognized by the Sec- House Report 110–604. sexual harassment and sexual violence in- retary as meeting acceptable standards for Mr. OBERSTAR. Mr. Chairman, I rise volving Academy personnel; such a society, for a United States offshore in strong support of the manager’s (ii) the enforcement of such policies; facility, the authority to— amendment. (iii) the incidence of sexual harassment The CHAIRMAN. The Clerk will des- ‘‘(A) review and approve plans required for and violence involving Academy personnel in issuing a certificate of inspection or certifi- ignate the amendment. such program year; and cate of compliance; and The text of the amendment is as fol- (iv) any other issues relating to sexual har- ‘‘(B) conduct inspections and examina- lows: assment and violence involving Academy tions. Part B amendment No. 1 offered by Mr. personnel. ‘‘(2) The Secretary may make a delegation (d) ANNUAL REPORT.— OBERSTAR: under paragraph (1) to a foreign classifica- At the end of title II add the following: (1) The Commandant of the Coast Guard tion society only if the foreign classification SEC. ll. POLICY ON SEXUAL HARASSMENT AND shall direct the Superintendent of the Coast society has offices and maintains records in SEXUAL VIOLENCE AT THE COAST Guard Academy to submit to the Com- the United States and— GUARD ACADEMY. mandant a report on sexual harassment and ‘‘(A) if the government of the foreign coun- (a) REQUIRED POLICY.—Under guidance pre- sexual violence involving Academy personnel try in which the society is headquartered scribed by the Secretary of the department for each of the 2009, 2010, 2011, 2012, and 2013 delegates that authority to the American in which the Coast Guard is operating, the Academy program years. Bureau of Shipping; or Commandant of the Coast Guard shall direct (2) The annual report under paragraph (1) ‘‘(B) to the extent the government of the the Superintendent of the Coast Guard Acad- shall contain, for the Academy program year foreign country accepts plan review, inspec- emy to prescribe a policy on sexual harass- covered by the report, the following matters: tions, or examinations conducted by the ment and sexual violence applicable to the (A) The number of sexual assaults, rapes, American Bureau of Shipping and provides cadets and other personnel of the Academy. and other sexual offenses involving Academy equivalent access to inspect, certify, and (b) MATTERS TO BE SPECIFIED IN POLICY.— personnel that have been reported to Acad- provide related services to offshore facilities The policy on sexual harassment and sexual emy officials during the program year, and located in that country or operating under violence prescribed under this section shall the number of the reported cases that have the authority of that country. include specification of the following: been substantiated. ‘‘(3) When an inspection or examination (1) Programs to promote awareness of the (B) The policies, procedures, and processes has been delegated under this subsection, the incidence of rape, acquaintance rape, and implemented by the Commandant of the Secretary’s delegate— other sexual offenses of a criminal nature Coast Guard and the leadership of the Coast ‘‘(A) shall maintain in the United States that involve cadets or other Academy per- Guard Academy in response to sexual harass- complete files of all information derived sonnel. ment and sexual violence involving Academy from or necessarily connected with the in- (2) Procedures that a cadet should follow in personnel during the program year. spection or examination for at least 2 years the case of an occurrence of sexual harass- (C) In the report for the 2009 Academy pro- after the United States offshore facility ment or sexual violence, including— gram year, a discussion of the survey con- ceases to be certified; and (A) if the cadet chooses to report an occur- ducted under subsection (b), together with ‘‘(B) shall permit access to those files at rence of sexual harassment or sexual vio- an analysis of the results of the survey and all reasonable times to any officer, em- lence, a specification of the person or per- a discussion of any initiatives undertaken on ployee, or member of the Coast Guard des- sons to whom the alleged offense should be the basis of such results and analysis. ignated— reported and the options for confidential re- (D) In the report for each of the subsequent ‘‘(i) as a marine inspector and serving in a porting; Academy program years, the results of the position as a marine inspector; or (B) a specification of any other person annual survey conducted in such program ‘‘(ii) in writing by the Secretary to have whom the victim should contact; and year under subsection (b). access to those files.

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.010 H24APPT1 smartinez on PROD1PC64 with HOUSE April 24, 2008 CONGRESSIONAL RECORD — HOUSE H2713 ‘‘(4) For purposes of this section— ministrator shall submit a report containing conduct a study on health, safety and ‘‘(A) the term ‘offshore facility’ means any the results of the study to the Committee on environmental concerns related to an installation, structure, or other device (in- Environment and Public Works and the Com- underground petroleum spill on the cluding any vessel not documented under mittee on Commerce, Science, and Transpor- Brooklyn, New York, shoreline. chapter 121 of this title or the laws of an- tation of the Senate and the Committee on other country) that is fixed or floating, dy- Transportation and Infrastructure of the All those amendments are incor- namically holds position or is temporarily or House of Representatives. porated into the manager’s amend- permanently attached to the seabed or sub- (d) AUTHORIZATION OF APPROPRIATIONS.— ment. soil under the sea, and is used for the pur- There is authorized to be appropriated to Mr. Chairman, I reserve the balance pose of exploring for, developing, producing, carry out this section $5,000,000. of my time. Page 158, beginning at line 16, strike ‘‘such or storing the resources from that seabed or Mr. LATOURETTE. Mr. Chairman, I information to the Secretary’’ and insert ‘‘to subsoil; and ask unanimous consent to control the ‘‘(B) the term ‘United States offshore facil- the Secretary all the entries entered in the ballast water record book during the pre- time in opposition to the amendment, ity’ means any offshore facility, fixed or although I don’t oppose the amend- floating, that dynamically holds position or ceding month, and transmit such additional is temporarily or permanently attached to information’’. ment. Page 172, after line 17, insert the following: the seabed or subsoil under the territorial The CHAIRMAN. Without objection, ‘‘The vessels to which this paragraph applies sea of the United States or the outer Conti- the gentleman from Ohio is recognized shall conduct ballast water treatment in ac- nental Shelf (as that term is defined in sec- for 5 minutes. cordance with subsection (f) when it applies. tion 2 of the Outer Continental Shelf Lands There was no objection. Act (43 U.S.C. 1331)).’’. The CHAIRMAN. Pursuant to House Mr. LATOURETTE. Mr. Chairman, I At the end of title III add the following: Resolution 1126, the gentleman from have asked for the time in opposition SEC. ll. REQUIREMENT FOR PILOTS TO CARRY Minnesota (Mr. OBERSTAR) and a Mem- to the amendment for the purpose of AND UTILIZE PORTABLE ELEC- ber opposed each will control 5 min- TRONIC NAVIGATIONAL DEVICE. engaging the distinguished chairman of utes. the Transportation and Infrastructure The Ports and Waterways Safety Act (33 The Chair recognizes the gentleman U.S.C. 1221 et seq.) is amended by inserting Committee in a colloquy relative to from Minnesota. the issue of recreational boating. after section 4A the following: Mr. OBERSTAR. Mr. Chairman, I Mr. Chairman, as you know, during ‘‘SEC. 4B. PORTABLE ELECTRONIC DEVICE FOR yield myself 2 minutes. NAVIGATION PURPOSES. The manager’s amendment author- the consideration of this measure be- ‘‘(a) IN GENERAL.—The Commandant of the izes the Coast Guard to delegate to fore the Rules Committee, I offered Coast Guard may issue regulations that— several amendments related to dis- ‘‘(1) require that any pilot licensed under classification societies the Coast Guard’s authority for safety plan re- charges from recreational vessels. subtitle II of title 46, United States Code, Those amendments were not made in while serving under the authority of that li- view and construction inspections of cense as pilot on a covered vessel operating offshore oil structures. It allows this order under the rule. in waters designated in the regulation shall authority to be delegated to foreign I am still concerned about the impact carry and utilize a portable electronic device classification societies to the extent the proposed regulations may have on that is— that the government of the country in more than 16 million recreational boat- ‘‘(A) equipped for navigational purposes; which the classification society is ers in the United States. At the Rules and Committee, you were more than gra- ‘‘(B) capable of being connected to an headquartered accepts documents pre- pared by our classification society, the cious in suggesting that we would work Automatic Identification System; and together to develop legislation, hold ‘‘(2) require such pilots to obtain training American Bureau of Shipping, on be- in the use of such electronic devices, and pre- half of the leaseholder, and does not hearings in the committee and move scribe requirements for such training after limit the ABS to this process. legislation quickly to the House on consultation with State or local pilotage au- I also want to thank several col- this subject. thorities on specific equipment and practices leagues for agreeing to have their I would ask the chairman, and in say- in the waters designated in the regulation. amendments incorporated into the ing this I also want to give a tip of the ‘‘(b) DETERMINATION OF NEED.—The Com- manager’s amendment to expedite con- hat to CANDICE MILLER of Michigan, mandant shall consult with State or local pi- who has been a real champion on this lotage authorities for the waters covered by sideration of the bill: The gentlewoman from California (Mrs. TAUSCHER); the issue as well, but I would ask the chair- the regulations to determine if the carriage man if you would be willing to work and use of such portable electronic devices gentlewoman from California (Ms. LO- would improve safe navigation under local RETTA SANCHEZ); the gentleman from with us to bring legislation to the conditions and whether there is a need for Wisconsin (Mr. KIND); the gentlewoman House floor and to get it prompt con- mandatory carriage requirements. from Guam (Ms. BORDALLO); and the sideration, as this deadline is now ap- ‘‘(c) COVERED VESSEL DEFINED.—In this gentleman from New York (Mr. proaching in September? section the term ‘covered vessel’ means a WEINER). I yield to the gentleman from Min- self-propelled commercial vessel of 300 gross The Tauscher amendment requires nesota. tons or more that does not have an elec- Mr. OBERSTAR. I thank the gen- tronic chart prescribed under section 4A.’’. federally licensed pilots to use portable electronic devices with navigational tleman for yielding. At the end of title IV add the following: Most certainly. I urged the gen- SEC. ll. NEWTOWN CREEK, NEW YORK CITY, charts capable of being connected to an NEW YORK. Automatic Identification System. tleman at Rules in discussions to intro- (a) STUDY.—The Administrator of the Envi- The Sanchez amendment requires the duce a bill dealing with this authority ronmental Protection Agency shall conduct Superintendent of the Coast Guard to under the Clean Water Act so that we a study on the public health, safety, and en- prescribe a policy on sexual harass- would have a very strong authoritative vironmental concerns related to the under- ment and sexual violence. base for the legislation, and that we ground petroleum spill on the Brooklyn The Kind amendment deals with will move quickly in committee to shoreline of Newtown Creek, New York City, monthly ballast water treatment re- move it through subcommittee, full New York, in Greenpoint, Brooklyn, New ports to the Secretary, requiring them. committee and to the House floor as York. promptly as the House legislative (b) FULL-SITE CHARACTERIZATION AND COL- In addition, the amendment provides LECTION OF NEW FIELD EVIDENCE.—In car- that no-ballast-on-board vessels will be schedule will permit. rying out the study under this section, the required to conduct ballast water Mr. LATOURETTE. Reclaiming my Administrator shall conduct a full-site char- treatment, when applicable. time, I thank the chairman very much. acterization of the underground petroleum The Bordallo amendment requires I want to thank the chairman for not spill, including the investigation, collection, Coast Guard vessels homeported in only his work on the bill, the man- and analysis of new and updated data and Guam to be repaired at shipyards in ager’s amendment, but also this issue. field evidence on the extent of the petroleum the U.S., including Guam shipyards. I look forward to working with him to spill, including any portion of the spill that solve this problem which is looming has been diluted into surrounding waters, The same requirement applies to all and any surrounding soil contamination or other Coast Guard cutters homeported out there for these 16 million boaters soil vapor contamination. elsewhere in the United States. that never thought they would need a (c) REPORT.—Not later than one year after The Weiner amendment requires the discharge petition when they went the date of enactment of this Act, the Ad- Environmental Protection Agency to walleye fishing on Lake Erie.

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\A24AP7.011 H24APPT1 smartinez on PROD1PC64 with HOUSE H2714 CONGRESSIONAL RECORD — HOUSE April 24, 2008 Mr. Chairman, I reserve the balance for her hard work on this issue. As a tor officials. I urge all members to sup- of my time. member of the Naval Academy Board port this amendment. Mr. OBERSTAR. Mr. Chairman, I of Visitors, this is an issue that I have I reserve the balance of my time. yield 1 minute to the gentlewoman worked on very hard, not only there, Mr. OBERSTAR. Mr. Chairman, I rise from California (Ms. LORETTA but with regard to our Coast Guard to claim time in opposition to the SANCHEZ). Academy. amendment, though I don’t intend to Ms. LORETTA SANCHEZ of Cali- The amendment would also allow the oppose it. fornia. Mr. Chairman, I thank the gen- Coast Guard to delegate some regu- The CHAIRMAN. Without objection, tleman for yielding, and I rise in sup- latory functions, including facility in- the gentleman from Minnesota is rec- port of the manager’s amendment and spections regarding offshore facilities, ognized for 5 minutes. the underlying bill. I want to thank to classifications societies. There was no objection. Chairman OBERSTAR for including the Further, the amendment would au- Mr. OBERSTAR. I indeed support the Sanchez amendment in his manager’s thorize the Coast Guard to issue regu- amendment offered by the gentleman amendment. lations to require a pilot to carry on from Ohio, who is our ranking member My amendment will require the board the vessel he or she is operating on the Coast Guard subcommittee, United States Coast Guard Academy to a computer equipped with electronic which he offers in conjunction with the establish comprehensive policies, charts of the navigation areas the ves- distinguished gentleman from Lou- training programs, surveys and reports sel will transit. isiana (Mr. BOUSTANY), also a very good on sexual harassment and sexual vio- I would strongly support this amend- friend and colleague and committee lence involving cadets or Academy per- ment, and I thank the sponsors and member. sonnel. thank the chairman for sponsoring it. The amendment addresses section 720 of the substitute regarding waterside b 1145 Mr. LATOURETTE. Mr. Chairman, I yield back the balance of my time. security around LNG tankers and ter- Several years ago, I added a similar The CHAIRMAN. The question is on minals. It provides that the Coast amendment to the Department of De- the amendment offered by the gen- Guard may consider security assets fense authorization bill to require the tleman from Minnesota (Mr. OBER- and personnel provided by State and military academies under the Armed STAR). local officials who are contracted for or Services Committee jurisdiction to es- The amendment was agreed to. otherwise made available to an LNG tablish the same types of policies, and AMENDMENT NO. 2 OFFERED BY MR. terminal operator in determining I am pleased that this amendment will LATOURETTE whether security resources are avail- ensure that all of our military service The CHAIRMAN. It is now in order to able to carry out our waterside secu- academies are treated the same; that consider amendment No. 2 printed in rity measures. they all have plans to prevent sexual House Report 110–604. The Coast Guard has, as we have so assault, and that we know the inci- Mr. LATOURETTE. Mr. Chairman, I often discussed, limited resources to dents and allegations of sexual assault have an amendment at the desk made undertake its many missions. and that we know how to handle them. in order under the rule. Partnering with State and local offi- This amendment also requires the The CHAIRMAN. The Clerk will des- cials or contracted waterside security academies to conduct surveys to get ignate the amendment. services will be in effect force multi- feedback on sexual harassment and The text of the amendment is as fol- pliers for the Coast Guard. So we sup- sexual violence in the workplace, and lows: port that initiative. this amendment will help to reduce the Part B amendment No. 2 offered by Mr. I reserve the balance of my time. incidents of sexual assault and it will LATOURETTE: Mr. LATOURETTE. Mr. Chairman, at make our academies safer environ- In section 720 (page 257, line 10), after ‘‘re- this time it is my pleasure to yield 1 ments. sources’’ insert ‘‘, including State and local minute to the distinguished gentleman I urge my colleagues to support the government resources available in accord- from New Jersey, a valuable member of manager’s amendment. ance with subsection (b),’’. the full committee, subcommittee, and Mr. OBERSTAR. May I inquire The CHAIRMAN. Pursuant to House the former Chair of the Coast Guard whether the gentleman has further Resolution 1126, the gentleman from Subcommittee, Mr. LOBIONDO. speakers. Ohio (Mr. LATOURETTE) and a Member Mr. LOBIONDO. I want to thank Mr. Mr. LATOURETTE. I would advise opposed each will control 5 minutes. LATOURETTE. the distinguished chairman, I have no The Chair recognizes the gentleman Mr. OBERSTAR, let me thank you and other speakers and am prepared to from Ohio. Mr. CUMMINGS for your very thoughtful yield back whenever you are finished. Mr. LATOURETTE. Mr. Chairman, I approach to these critically important Mr. OBERSTAR. I yield the balance yield myself such time as I might con- issues, and to Mr. MICA and Mr. of our time to the gentleman from sume. LATOURETTE for your diligence in these Maryland, the Chair of the sub- Mr. Chairman, I indicated during the areas. committee. opening remarks general debate on this Mr. Chairman, I appreciate your con- Mr. CUMMINGS. I want to thank the bill that this is an amendment which I sideration of this important issue, and chairman for yielding. cosponsored with Representative Mr. LATOURETTE’s thoughtful approach Mr. Chairman, I support the amend- BOUSTANY, and it would authorize the to making sure that we do not have a ment that you have offered, and I Coast Guard to consider qualified State chilling effect on the future develop- thank you again for your leadership on and local security assets, personnel and ment of LNG in our country. It would the Coast Guard authorization and all resources, made available to a liquefied effectively block the construction of a of the transportation issues that our natural gas terminal when determining widely supported plant that is just Nation faces. whether security resources are avail- north of my district that could defi- The manager’s amendment includes able to carry out necessary security nitely help provide much needed relief provisions offered by several of our col- measures. for home heating costs. leagues that would make a number of This language carries out an agree- The bill I believe would also have the important improvements to H.R. 2830. ment that was developed in a colloquy potential to undermine our security by Among other provisions, the manager’s with Chairman CUMMINGS during our not the allowing the Coast Guard to de- amendment would implement rec- subcommittee’s and the full commit- termine the personnel and assets nec- ommendations recently made by the tee’s consideration of the bill. essary to escort LNG shipments. This Government Accountability Office to Mr. Chairman, all of us want to en- should be a decision by the Coast require the Commandant of the Coast sure the highest levels of security at Guard. I believe they are best able to Guard to prescribe a policy to combat LNG terminals and other at-risk as- do this, and the LaTourette amend- sexual assault and sexual harassment sets. This amendment would do that by ment represents a very reasonable and at the Coast Guard Academy. And I do leveraging the collective resources of realistic compromise which will give commend my colleague, Ms. SANCHEZ, Federal, State, local, and private sec- the Coast Guard the flexibility they

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K24AP7.031 H24APPT1 smartinez on PROD1PC64 with HOUSE April 24, 2008 CONGRESSIONAL RECORD — HOUSE H2715 need to ensure the security of LNG ment with me, who spoke during the be updated no less frequently than quarterly, shipments as well as to deal with the course of the general debate and who, aggregated by cruise line, and each cruise other potential threats in our ports when this issue was coming up, because line shall be identified by name. and waterways. I strongly urge all of the importance of natural gas and (2) ACCESS TO WEBSITE.—Each cruise line taking on or discharging passengers in the members to support the amendment. because of the importance of natural United States shall include on its Internet Mr. OBERSTAR. How much time re- gas in the gulf coast, immediately site a link to the Internet site referred to in mains? came to me and said, can we continue paragraph (1), that is available to the public. The CHAIRMAN. The gentleman to work on this as we bring it to the The CHAIRMAN. Pursuant to House from Minnesota has 4 minutes remain- floor? And I again want to commend Resolution 1126, the gentlewoman from ing. The gentleman from Ohio has 3 Mr. BOUSTANY and his colleagues from California (Ms. MATSUI) and a Member minutes remaining. the gulf coast for bringing this to our Mr. OBERSTAR. I yield such time as opposed each will control 5 minutes. attention. The Chair recognizes the gentle- he may consume to the distinguished Mr. BOUSTANY. Mr. Chairman, I Chair of the subcommittee, the gen- woman from California. want to commend the chairman of the Ms. MATSUI. Mr. Chairman, I yield UMMINGS tleman from Maryland (Mr. C ). full committee, Mr. OBERSTAR, and the Mr. CUMMINGS. Mr. Chairman, the myself such time as I might consume. chairman of the subcommittee, Mr. amendment offered by Mr. LATOURETTE Over 10 million Americans travel on CUMMINGS, for working with us on this and Mr. BOUSTANY, the ranking mem- cruise lines each year. Unfortunately, amendment. It truly was a bipartisan ber on the Coast Guard subcommittee, many are unaware that they are at risk effort as we went through the process, would amend section 720, a section that of being victims of crime while on their and I think it does strengthen the bill addresses waterside security around vacations. And, it concerns me even overall. It is a good balanced approach. LNG terminals and tankers, and I fully more that these victims have inad- It helps the Coast Guard, and I think it support it. equate access to assistance or law en- Subsection C of that section requires does meet security needs. I sincerely forcement in the aftermath of a crime. that, before the Coast Guard can ap- thank both of you gentlemen for work- In recent years, the media has re- prove a facility’s security plan for a ing with us and accepting this amend- ported on a number of high-profile new LNG terminal, the service must ment. cases of passengers falling overboard, determine that it has available to the I also want to thank my good friend, passengers going missing, and pas- sector in which the terminal is to be Mr. LATOURETTE, the ranking member sengers being raped and sexually as- located the resources it needs to carry on the subcommittee, for working with saulted. Sadly, many of these cases re- out the risk mitigation measures iden- me step by step through this process, main unresolved, and the perpetrators tified in the waterway suitability re- and I am deeply grateful for the work of sexual violence and other violent port for that terminal. This amend- that he has done on this. I think this crimes on cruise ships are rarely ment would include State and local re- amendment will strengthen the bill. It brought to justice. sources in the assessment, which is a provides for our security needs, and it I became personally involved after a good thing. is a sensible approach. constituent of mine, Laurie Dishman, With the adoption of this amendment Mr. OBERSTAR. Mr. Chairman, I came to me for assistance after she had and with the measures already in- yield myself 10 seconds. been a victim of a violent crime on a cluded in subsection C, section 720, we Does the gentleman from Ohio have cruise ship. will ensure that the Coast Guard’s re- any further speakers? As a result of continued cases of sources do not have to be diverted from Mr. LATOURETTE. I would advise crimes on the high seas, and with the other high-priority missions as deter- that I am prepared to close if the gen- leadership of Chairman CUMMINGS, this mined by the commandant to secure tleman is. Congress has held two hearings on safe- LNG operations. Mr. OBERSTAR. If the gentleman is ty on cruise ships. We learned that we The Coast Guard will be able to de- concluding, I will conclude on our side. must take action to inform people of pend upon those State and local law Mr. LATOURETTE. It’s a good exposure to risk while on cruise vaca- enforcement resources that have the amendment. I hope we can all vote for tions. Mr. Chairman, sometimes even proven training, resources, personnel, it. cruise ships need sunshine. equipment, and experience necessary I yield back the balance of my time. Our amendment seeks to do just that to combat a terrorist attack, to con- Mr. OBERSTAR. We accept the by requiring the Coast Guard to post duct waterborne patrols around LNG amendment on this side, and urge all on-line the number of deaths, missing facilities. Members to vote for it. persons, and reported crimes com- I emphasize that the State and local I yield back the balance of my time. mitted on cruise ships. The amendment law enforcement cannot and should not The CHAIRMAN. The question is on also requires cruise lines to include a be seen as replacements for the Coast the amendment offered by the gen- link to this data base on their public Guard resources, as the Coast Guard is tleman from Ohio (Mr. LATOURETTE). web sites. Our amendment would cre- our Nation’s maritime time security The amendment was agreed to. ate transparency and promote a cul- agency. AMENDMENT NO. 3 OFFERED BY MS. MATSUI ture of accountability by allowing the Further, having the Coast Guard, our The CHAIRMAN. It is now in order to public access to the number of crimes trained maritime security agency, de- consider amendment No. 3 printed in reported. fend our communities from the risk of House Report 110–604. Prevention can be just as powerful as a terrorist attack on an LNG terminal Ms. MATSUI. Mr. Chairman, I have enforcement, and we all know that pre- in the neighborhood is not an unwar- an amendment at the desk. vention starts with making people ranted and unnecessary subsidy. As our The CHAIRMAN. The Clerk will des- aware of the potential for a crime to Nation continues to approve new LNG ignate the amendment. occur. With prevention and enforce- terminals, we must commit to ensuring The text of the amendment is as fol- ment, it is our hope that the tragic that all of the resources, particularly lows: events that so many passengers have Coast Guard resources, necessary to se- Part B amendment No. 3 offered by Ms. endured will not be repeated. I urge my cure these facilities are in place. I fully MATSUI: colleagues to support this amendment. support the amendment. At the end of section 711 add the following I reserve the balance of my time. Mr. LATOURETTE. Mr. Chairman, I new subsection: yield myself such time as I might con- (d) AVAILABILITY OF INCIDENT DATA VIA b 1200 sume to, one, thank the distinguished INTERNET.— Mr. OBERSTAR. Mr. Chairman, I rise chairmen of the subcommittee and the (1) WEBSITE.—The Secretary shall main- to claim the time in opposition to the tain, on an Internet site of the department amendment, although I don’t intend to full committee for working with us to in which the Coast Guard is operating, a nu- massage this language and for accept- merical accounting of the missing persons oppose it. ing our amendment. and alleged crimes in covered security inci- The CHAIRMAN. Without objection, It is now my pleasure to yield 1 dents for which the Secretary receives noti- the gentleman from Minnesota is rec- minute to the coauthor of the amend- fication under subsection (a). The data shall ognized for 5 minutes.

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K24AP7.036 H24APPT1 smartinez on PROD1PC64 with HOUSE H2716 CONGRESSIONAL RECORD — HOUSE April 24, 2008 There was no objection. Ms. CORRINE BROWN of Florida. I Like my good friend from Florida, I Mr. OBERSTAR. The amendment of want to start out by thanking Chair- also represent many fine ports and the gentlewoman arises out of a very men OBERSTAR and CUMMINGS and many fine cruise lines that have taken tragic case on which the committee Ranking Members MICA and steps to improve their procedures. But held an extensive hearing, and at- LATOURETTE for all of their hard work certainly individuals going on trips tempted to address the issue in lan- on this bill. should know the track records of cruise guage within the pending bill. We have given the Coast Guard so lines, and know the steps they have Her amendment would go to the much responsibility, and they have taken to improve safety. The absolute heart of this issue, establishing a Web been up to the challenge. most important part of a vacation is to site, updated quarterly, aggregated by I have great respect for my colleague make sure you have a safe, enjoyable cruise line, and providing a link to the from California, but I rise to express time. site on their own Web site. These re- my serious concern with her pending This is a commonsense amendment, quirements will allow passengers to re- amendment. As a Member from the and it will provide the public with val- view the safety record of a cruise line State of Florida, which has 14 ports uable information before booking their before booking their cruise. I think and numerous cruise lines, I have a trips, as well as give an indication of that is a very important protection, es- particular interest in the cruise indus- where there are challenges in the in- pecially for women who are often alone try. The cruise industry is one of the dustry and improvements that have and can be subjected to violence, as we most important economic engines in taken place. I urge an ‘‘aye’’ vote. have seen in the course of these hear- the State of Florida. Over 5 million Mr. OBERSTAR. Madam Chairman, I ings. I support the amendment. passengers embarked from Florida in yield 1 minute to the distinguished Mr. LATOURETTE. Would the gen- 2005 and the industry contributed more gentleman from Connecticut (Mr. tleman yield? than $6 billion in direct spending. In SHAYS). Mr. OBERSTAR. I am delighted to addition, the cruise industry is the sec- Mr. SHAYS. Madam Chairman, be- yield to the gentleman from Ohio. ond largest employer for Florida, gen- fore beginning, Ms. MATSUI, do you Mr. LATOURETTE. I thank the gen- erating more than 125,000 jobs. have 30 seconds you could yield me? tleman. I had intended to claim the Before coming to Congress I owned a Ms. MATSUI. And I yield 30 seconds time in opposition, even though I am travel agency, and I can tell you that a to the gentleman from Connecticut. not opposed to the amendment. I would cruise is one of the most cost-effective, Mr. SHAYS. I thank both Members indicate to the chairman and the spon- safe and enjoyable vacations one can for their courtesy in yielding me this sors of the amendment that we are pre- take. In fact, I recently sent my moth- time. pared to accept the amendment. er on a cruise. I have a different view than some of The cruise industry is highly regu- I do have some concerns about the my colleagues. This industry may be lated by State, Federal and inter- scope of the alleged incidents that will highly regulated by State, Federal and national laws. They ensure that pas- be reported via the Web site and the international governments, but be- sengers are safe and have a sound safe- manner in which it will be presented, cause all are involved, no one takes ty and security record. It is apparent but I pledge to work with the amend- ownership. from the FBI statistics that crime ment’s sponsors as we move this bill to I had an experience with a con- against U.S. passengers on cruise ships conference to facilitate those. stituent, George Smith, who was lost are very rare. Ms. MATSUI. Madam Chairman, I The proposed amendment would un- at sea on his honeymoon on board a yield 1 minute to the gentleman from fairly penalize the cruise industry and cruise ship in the Mediterranean. We Texas (Mr. POE). require the public posting of crime al- had hearings on this tragedy, and had Mr. POE. Madam Chairman, I thank legations, organized by the name of the people contact us with unbelievable the gentlelady from California for cruise line. No other private industry stories of someone missing, the family yielding, and I want to thank Ms. MAT- is required to provide such information never being notified, the cruise line SUI and her brave constituent, Laurie on an Internet site. taking the person’s possessions and Dishman, for bringing this very impor- The bill unfairly penalizes the cruise putting them in a lost-and-found and tant issue before Congress. industry without any evidence or jus- then selling them, of sexual assaults Every year 10 million American citi- tification for this measure. and thefts, and no information being zens board cruise ships and sail from Requiring the reporting of allega- provided about the crimes to the prop- American ports. These cruise ships are tions of crimes onboard ships would be er authorities. floating cities. But unlike cities, there misleading to the public as there is no What this language does, the Matsui are no peace officers or properly distinction between an allegation and amendment, requires the secretary of trained security personnel to protect an actual crime committed. That is the Department of Homeland Security passengers on board these ships. There why if a local government requires the to maintain a numerical account of is really no oversight or accountability reporting of allegations of crime, no missing persons and alleged crimes for the cruise industry to properly or specific business is identified since in committed on cruise ships. The data- timely report secret crimes that occur many instances these allegations are base will be updated quarterly and ag- on ships. unfounded. gregated by the cruise line industry. Our amendment just requires the In closing, I will continue to work to It requires cruise lines to include a Coast Guard to publicly maintain and make sure that the cruise industry is link to this database on their public regularly update a numerical account- one of the safest industries in this Web site. The public has a right to ing of crimes and number of missing country. know about the exact circumstances persons on each ship. This is common- Ms. MATSUI. Madam Chairman, I that take place on board cruise ships. sense. We value information on college yield 1 minute to the gentlewoman This is a sensible amendment. It campuses, and this Congress under the from New York (Mrs. MALONEY). needs to pass. And I thank her for in- Cleary Act requires reporting of crimes Mrs. MALONEY of New York. I troducing it. on college campuses. But when there is thank the gentlelady for yielding and Ms. MATSUI. In closing, Madam a crime on the high sea, it is a public for her very strong support and Chairman, providing public access and relations cover-up because of the travel thoughtful work on this legislation, crime statistics is an important part of industry. and I am proud to join Congresswoman crime prevention. I thank my cospon- This amendment will create a better- MATSUI and Congressmen SHAYS and sors and supporters of this amendment, informed passenger and, of course, POE on this amendment which would and urge my colleagues to support safer cruise ships. require the Coast Guard to maintain an transparency in the cruise industries. Mr. OBERSTAR. Madam Chairman, I online database about missing persons Madam Chairman, I yield back the yield 2 minutes to the distinguish and alleged crimes committed on balance of my time. Chair of the Rail Subcommittee, the cruise ships and to require cruise lines Mr. OBERSTAR. I yield the balance gentlewoman from Florida (Ms. to include a link to this database on of my time to the gentleman from CORRINE BROWN). their public Web sites. Maryland (Mr. CUMMINGS).

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K24AP7.040 H24APPT1 smartinez on PROD1PC64 with HOUSE April 24, 2008 CONGRESSIONAL RECORD — HOUSE H2717 Mr. CUMMINGS. This issue, as the ‘‘(3) ‘vessel without nationality’ has the What happens is when the United chairman of the subcommittee, I have same meaning as section 70502(d) of title 46. States Coast Guard or the Navy comes to tell you that this has been a very, ‘‘(d) EXTRATERRITORIAL JURISDICTION.— upon one of these vessels, the crew There is extraterritorial Federal jurisdiction very difficult issue. We have done two over the offenses described in this section, scuttles the ship, it sinks, and all of hearings out of a total of 17. It has been including an attempt or conspiracy to com- the contraband sinks to the bottom of extremely emotional. But on balance, I mit such offense. the ocean. The only one prosecution think that this is a good amendment. I ‘‘(e) CLAIM OF NATIONALITY OR REGISTRY.— that has taken place, reflected here on want to congratulate Ms. MATSUI and ‘‘(1) A claim of nationality or registry the bottom, occurred when a bale of co- all of the cosponsors. under this section includes only— caine floated back to the surface. The I think we have to protect the public; ‘‘(A) possession on board the vessel and five crewmen are now being prosecuted production of documents evidencing the ves- but at the same time, we have to make sel’s nationality as provided in article 5 of in Tampa, Florida. And let me mention sure that we are fair to the cruise in- the 1958 Convention on the High Seas; that these vessels can not only be used dustry. This is an ongoing thing. We ‘‘(B) flying its nation’s ensign or flag; or for drugs, they can bring explosives have discussions on other matters re- ‘‘(C) a verbal claim of nationality or reg- into the United States. They come up garding cruise ships and passengers. I istry by the master or individual in charge of our waterways. They can attack crude think this is a good amendment, and I the vessel. ships, ships that are bringing in oil support it. ‘‘(2) The failure of any submersible or tankers, our military ships like the The Acting CHAIRMAN (Mrs. JONES semi-submersible vessel to display registry U.S.S. Cole, or even cruise ships, as we of Ohio). The question is on the amend- numbers or a national ensign or flag shall create a rebuttable presumption that the mentioned earlier. ment offered by the gentlewoman from vessel is without nationality, as defined in This amendment would simply state California (Ms. MATSUI). this section. the findings of Congress that these The amendment was agreed to. ‘‘(f) FEDERAL ACTIVITIES.—Nothing in this stateless vehicles have no legitimate AMENDMENT NO. 4 OFFERED BY MR. POE section applies to lawfully authorized activi- use on international waters, and the The Acting CHAIRMAN. It is now in ties carried out by or at the direction of the crew that is operating one of these is order to consider amendment No. 4 United States Government. committing a Federal crime. printed in House Report 110–604. ‘‘(g) APPLICABILITY OF OTHER PROVISIONS.— Sections 70504 and 70505 of title 46 apply to Madam Chairman, I reserve the bal- Mr. POE. Madam Chairman, I have this section. ance of my time. an amendment at the desk made in ‘‘(h) PENALTIES.— Mr. OBERSTAR. Madam Chairman, I order on behalf of myself and Mr. LUN- ‘‘(1) VIOLATIONS.—A person violating this claim the time in opposition, though I GREN of California. section shall be fined under this title, im- do not intend to oppose the amend- The Acting CHAIRMAN. The Clerk prisoned not more than 20 years, or both. ment. will designate the amendment. ‘‘(2) CONSECUTIVE SENTENCE.—Notwith- The Acting CHAIRMAN. Without ob- The text of the amendment is as fol- standing any other provision of law, a term jection, the gentleman from Minnesota lows: of imprisonment imposed under this section is recognized for 5 minutes. shall be consecutive to the sentence of im- Part B amendment No. 4 offered by Mr. There was no objection. prisonment for any other offense.’’. POE: (b) CONFORMING AMENDMENT.—The table of Mr. OBERSTAR. I thank the gen- At the end of the bill add the following new sections for chapter 111 of title 18, United tleman from Texas, a member of our title: States Code, is amended by adding at the end committee, for offering this amend- TITLE ll—ADDITIONAL MISCELLANEOUS the following new item: ment. PROVISIONS ‘‘2285. Operation of submersible or semi-sub- The Coast Guard in the past 4 months SEC. ll. OPERATION OF SUBMERSIBLE OR mersible vessel without nation- has had 23 cases involving semi-sub- SEMI-SUBMERSIBLE VESSEL WITH- ality.’’. mersible vessels, and the Coast Guard OUT NATIONALITY. The Acting CHAIRMAN. Pursuant to intelligence sector predicts that 85 (a) IN GENERAL.—Chapter 111 of title 18, United States Code, is amended by adding at House Resolution 1126, the gentleman cases will occur this year, possibly a the end the following new section: from Texas (Mr. POE) and a Member op- projection of 120 such cases next year. ‘‘§ 2285. Operation of submersible or semi- posed each will control 5 minutes. This amendment deals with stateless submersible vessel without nationality The Chair recognizes the gentleman submersible or semi-submersible ves- ‘‘(a) FINDINGS AND DECLARATIONS.—Con- from Texas. sels on international voyages, and gress finds and declares that operating or Mr. POE. Madam Chairman, I yield makes it a finding of Congress that embarking in a submersible or semi-sub- myself such time as I may consume. they are a serious international prob- mersible vessel without nationality and on This is a photograph regarding the lem that facilitates transnational an international voyage is a serious inter- amendment we will talk about this crimes, including drug trafficking and national problem, facilitates transnational morning. These are mini-submarines. terrorism, a serious threat to U.S. mar- crime, including drug trafficking, and ter- They are currently being made in the rorism, and presents a specific threat to the itime security navigation, and I appre- jungles of Colombia, alongside much of ciate the gentleman offering the safety of maritime navigation and the secu- the drugs that they carry, probably rity of the United States. amendment. ‘‘(b) OFFENSES.— from the Revolutionary Armed Forces I reserve the balance of my time. ‘‘(1) IN GENERAL.—Whoever knowingly or of Colombia which is the military wing Mr. POE. I yield 2 minutes to the intentionally operates by any means or em- of the Colombian Communist Party. gentleman from California (Mr. DANIEL barks in any submersible or semi-submers- These vessels are made out of fiber- E. LUNGREN). ible vessel that is without nationality and glass. They are about 100-feet long. Mr. DANIEL E. LUNGREN of Cali- that is navigating or has navigated into, They carry a crew of five and up to 13 fornia. I thank the gentleman for yield- through or from waters beyond the outer tons of drugs with a street value of ing. limit of the territorial sea of a single coun- about $300 million. They travel about Madam Chairman, this is an impor- try or a lateral limit of that country’s terri- 14 miles per hour, and they are barely tant amendment. This is an attempt by torial sea with an adjacent country, shall be below the surface. They are con- punished as prescribed in subsection (h). us to get our criminal laws to catch up ‘‘(2) ATTEMPTS AND CONSPIRACIES.—Who- structed to remain below the surface of with the technology used by the bad ever attempts or conspires to violate this the water, making them difficult for guys, essentially. section shall be punished as prescribed in the U.S. Navy and the Coast Guard to subsection (h). track. And they can travel all of the b 1215 ‘‘(c) DEFINITIONS.—In this section, the way from the north coast of South If you were to look at one of these in term— America to the southeastern United the open sea, you would find out how ‘‘(1) ‘submersible vessel’ means a vessel States without refueling. difficult it is to spot them actually, that is capable of operating below the sur- These vessels that the Coast Guard even from the air. They are a very ef- face of the water, and includes manned and unmanned watercraft. are encountering are stateless vessels fective means by which they can de- ‘‘(2) ‘semi-submersible vessel’ means any with no legitimate use. They are built liver illegal drugs to this country, watercraft constructed or adapted to be ca- for stealth and the capability to rap- which they have done. pable of putting much of its bulk under the idly scuttle the illicit drugs they are The Coast Guard has done a remark- surface of the water. carrying. able job in fighting this. But this law

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K24AP7.044 H24APPT1 smartinez on PROD1PC64 with HOUSE H2718 CONGRESSIONAL RECORD — HOUSE April 24, 2008 will give us the ability to prosecute I also rise in support of this very im- The question was taken; and the Act- cases that are, we are incapable of portant amendment. This amendment ing Chairman announced that the ayes prosecuting at the present time. would make it a crime to operate on an appeared to have it. It will also alleviate the danger that international voyage a submersible or Mr. CUMMINGS. Madam Chairman, I is posed to our members of the Coast semi-submersible vessel utilized to demand a recorded vote. Guard in their attempt to retrieve the traffic drugs or support other illegal The Acting CHAIRMAN. Pursuant to contraband that is thrown overboard activities. clause 6 of rule XVIII, further pro- when the perpetrators of these kinds of The use of the submersible vehicles ceedings on the amendment offered by activities find that they are being to attempt to smuggle drugs from for- the gentleman from Texas will be post- chased by the Coast Guard. In this eign ports to the United States is on poned. case, it will be illegal to be utilizing the rise, and such vehicles are capable AMENDMENT NO. 5 OFFERED BY MR. MCNERNEY these kind of vessels for this type of of carrying vast quantities of drugs. The Acting CHAIRMAN. It is now in purpose, but you will not have to prove I’m very familiar with this issue, order to consider amendment No. 5 the contraband actually is there. having been former ranking member of printed in House Report 110–604. the Drug Subcommittee of the Govern- This is an effective means by which Mr. MCNERNEY. Madam Chairman, I we are giving an additional tool to our ment Reform Committee, and now have an amendment at the desk. Coast Guard men and women around chairman of this subcommittee. The The Acting CHAIRMAN. The Clerk the world, and also to our prosecutors, very drugs that these folks are trying will designate the amendment. to ensure that we deal with the con- to bring into this country, they’re try- The text of the amendment is as fol- tinuing problem of drug trade. ing to bring them on these kind of lows: But, in addition to that, as the gen- boats. I’ve actually seen these boats. And someone said it a moment ago. Part B amendment No. 5 offered by Mr. tleman from Texas mentioned, this MCNERNEY: could be used for delivering weapons of It is so important that we keep up At the end of the bill add the following new mass destruction to our shores. For with the drug smugglers. They are con- title. stantly trying to find new methods to that reason, if no other, I would hope TITLE ll—ADDITIONAL MISCELLANEOUS we would get a unanimous vote in sup- avoid capture and prosecution, and so PROVISIONS this is a good thing. port of this amendment. SEC. ll. LEGAL AUTHORITY OF THE COAST In August of last year, for instance, Mr. OBERSTAR. I will reserve the GUARD TO CARRY OUT ITS HOME- the Coast Guard and other Federal balance of our time. I will yield to the LAND SECURITY MISSIONS NOT IM- partners seized a semi-submersible ves- PAIRED. gentleman from Maryland to close on sel carrying cocaine estimated to be The provisions of this Act governing the our side. So the gentleman may pro- worth more than $350 million. marine safety mission of the Coast Guard ceed with his speakers. And, by the way, Madam Chairman, I shall not impair the legal authority of the Mr. POE. Madam Chairman, I inquire also note that this year the Coast Coast Guard to carry out its homeland secu- as to how much time is left on each rity missions including— Guard has taken in and seized more (1) protecting ports, waterways, coastal se- side. drugs than in any year in its history. The Acting CHAIRMAN. The gen- curity, and the marine transportation sys- As someone who represents the City tem from an act of terrorism; tleman from Texas has 11⁄2 minutes. of Baltimore, I know firsthand the de- (2) securing our borders against aliens The gentleman from Minnesota has 4 struction that drugs can cause. And I seeking to unlawfully enter the United minutes. know that every gram that is kept off States, illegal drugs, firearms, and weapons Mr. POE. Madam Chairman, I yield 30 our streets is a victory over the forces of mass destruction at ports, waterways, and seconds to my friend from Texas (Mr. that destroy lives and communities. throughout the marine transportation sys- CULBERSON). I also know that the profit available tem; Mr. CULBERSON. Madam Chairman, from drug drives and smugglers, they (3) preventing human smuggling operations I won’t take the whole time. Just to continually try to come up with these at ports, waterways, and throughout the ma- rine transportation system; tell you I just returned from a briefing new techniques, and this is our effort, at the Coast Guard with Admiral Allen. (4) maintaining defense readiness to rap- Mr. POE’s effort to address this. idly deploy defensive port operations and se- They brought this to my attention. With that, Madam Chairman, I curity operations and environmental defense One of these vehicles can carry up to a wholeheartedly support this amend- operations; billion dollars worth of drugs. They can ment. I want to thank Mr. POE for (5) coordinating efforts and intelligence carry weapons of mass destruction. sponsoring it. with Federal, State, and local agencies to If the vessel sinks before the Coast Mr. PAUL. Madam Chairman, I rise in oppo- deter, detect, and respond to the threat of Guard can get on it, they lose all the sition to this amendment because it strikes me terrorism at ports, on waterways, and evidence. So this is a vitally important as unconstitutional to make it a Federal crime throughout the marine transportation sys- amendment to the Coast Guard to en- to operate a submersible or semi-submersible tem; (6) preventing Osama Bin Laden, al Qaeda, force our laws and protect this Nation. vehicle that is not registered with a country if or any other terrorist or terrorist organiza- And I hope we will all support it. it navigates through international waters. I be- tion from attacking the United States or any Mr. OBERSTAR. The gentleman may lieve that this amendment, aside from being United States person; close and we will close on our side. unconstitutional, is dangerously broad and (7) protecting the United States or any Mr. POE. I want to thank the chair- may well lead to the persecution of individuals United States person from threats posed by man of the committee and the chair- who are in no way engaging in illegal activity. weapons of mass destruction or other threats man of the subcommittee for their sup- I am concerned that this may lead to the pros- to national security. port on this important legislation. It ecution of, for example, a scientific organiza- The Acting CHAIRMAN. Pursuant to will make our country safer. I hope tion that builds and operates a submersible re- House Resolution 1126, the gentleman that it is adopted by our Congress im- search vessel and operates it in international from California (Mr. MCNERNEY) and a mediately. waters. Are these organizations going to be Member opposed each will control 5 With that, I yield back the remainder forced to register their activities with the U.S. minutes. of my time. Government or face a 20 year jail term? The The Chair recognizes the gentleman Mr. OBERSTAR. I yield to the gen- real intent of this amendment is to add yet an- from California. tleman from Maryland, Chair of the other draconian weapon in the arsenal of the Mr. MCNERNEY. Madam Chairman, Coast Guard Subcommittee, the bal- government’s failed war on drugs. This since the terrible events of September ance of our time. amendment may well have chilling unintended 11, 2001, we have relied heavily on the Mr. CUMMINGS. Madam Chairman, consequences for individuals and organiza- brave men and women of the U.S. Coast may I inquire as to how much time we tions that have nothing to do with drug or Guard to be our eyes and ears against have. human smuggling and as such I cannot sup- terrorism along our coastal borders The Acting CHAIRMAN. The gen- port the Poe amendment. and at more than 300 of our Nation’s tleman has 4 minutes. The Acting CHAIRMAN. The ques- ports. Mr. CUMMINGS. Thank you, Mr. tion is on the amendment offered by The Coast Guard’s homeland security Chairman, for yielding. the gentleman from Texas (Mr. POE). mission isn’t new. It began more than

VerDate Aug 31 2005 04:48 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K24AP7.049 H24APPT1 smartinez on PROD1PC64 with HOUSE April 24, 2008 CONGRESSIONAL RECORD — HOUSE H2719 200 years ago when the service was should be elevated in precedence to the Mr. MCNERNEY. Madam Chairman, I founded. Yet, today, we are more fo- expense of the service’s many other re- demand a recorded vote. cused on the need to provide maritime sponsibilities. The Acting CHAIRMAN. Pursuant to security. The Coast Guard has ramped I want to congratulate Mr. clause 6 of rule XVIII, further pro- up its efforts to ensure that we don’t MCNERNEY, a new Member of the ceedings on the amendment offered by allow people into this country who in- House, for bringing this amendment to the gentleman from California will be tend to do us harm or weapons to un- the floor, bringing it to our attention. postponed. leash upon us. I would be happy to yield to the dis- AMENDMENT NO. 6 OFFERED BY MR. BILIRAKIS We have improved our ability to deal tinguished chairman for any observa- The Acting CHAIRMAN. It is now in with potential terrorist threats, but we tions he would have. order to consider amendment No. 6 must keep up the progress. America’s Mr. OBERSTAR. I thank the gen- printed in House Report 110–604. security is our paramount responsi- tleman for yielding time. Mr. BILIRAKIS. Madam Chairman, I It was our purpose from the very out- bility, and our goals must be always to have an amendment at the desk made set of crafting the marine safety provi- counteract threats against our citi- in order under the rule. sions of this bill to delineate clearly zens, address the dangers posed by ter- The Acting CHAIRMAN. The Clerk the responsibilities of the Coast Guard will designate the amendment. rorists, and eliminate the potential for on safety, on its safety mission, and on introduction of weapons of mass de- The text of the amendment is as fol- the new emphasis within the Depart- lows: struction. ment o Homeland Security on their se- My congressional district is home to Part B amendment No. 6 offered by Mr. curity responsibilities. BILIRAKIS: the Port of Stockton, one of the largest In fact, this was an issue, I would say Strike section 708 and insert the following: inland ports in the Nation. While it is to the gentleman from Ohio, that then SEC. 708. MARITIME BIOMETRIC IDENTIFICA- an economic engine for California’s Chairman YOUNG and I raised with the TION. Central Valley, moving everything President at the White House some 6 (a) IN GENERAL.—Within one year after the from agricultural products to wind tur- plus years ago when he first proposed date of the enactment of this Act, the Sec- retary of Homeland Security, acting through bines, it may be viewed as a potential the Department of Homeland Security, entry point for those who intend to do the Commandant of the Coast Guard, shall that the bill, as proposed, the propo- conduct, in the maritime environment, a us harm. Thankfully, the Coast Guard sition set forth by the administration, program for the mobile biometric identifica- understands the risk and provides con- did not distinguish between search, res- tion of suspected individuals, including ter- stant security that insures continued cue, safety responsibilities of the Coast rorists, to enhance border security and for business and peace of mind. Guard and these new emphasis duties other purposes. I believe that it’s important to high- on security. We do that now in this leg- (b) REQUIREMENTS.—The Secretary shall light the dual responsibilities of the islation. The amendment of the gen- ensure the program required in this section Coast Guard, and we should ensure that is coordinated with other biometric identi- tleman from California will further de- fication programs within the Department of the Coast Guard’s homeland security lineate that distinction. Homeland Security. missions are not lessened by the licens- I thank the gentleman for yielding (c) COST ANALYSIS.—Within 90 days after ing and regulatory functions of the this time, and I thank the gentleman the date of the enactment of this Act, the Guard. for his amendment. Secretary shall submit to the Committees on My amendment is both simple and Mr. LATOURETTE. I would ask the Appropriations and Homeland Security of needed. It outlines formally that none chairman of the subcommittee, Mr. the House of Representatives and the Com- of the changes to the marine safeguard CUMMINGS, do you want to say any- mittees on Appropriations and Homeland Se- curity and Governmental Affairs of the Sen- mission of the Coast Guard shall im- thing about the amendment? I would be happy to yield to the gen- ate an analysis of the cost of expanding the pair in any way, the homeland security Coast Guard’s biometric identification capa- mission of the Coast Guard. It is im- tleman from Maryland. bilities for use by the Coast Guards portant to note that we are not cre- Mr. CUMMINGS. I rise in support of Deployable Operations Group, cutters, sta- ating new authorizations. We are sim- the amendment offered by Mr. tions, and other deployable maritime teams ply outlining formally the continued MCNERNEY. This simple amendment considered appropriate by the Secretary, and importance of protecting our water- clarifies that the provisions included in any other appropriate Department of Home- the Coast Guard authorization per- land Security maritime vessels and units. ways and ports, maintaining coastal The analysis may include a tiered plan for security, and securing our borders taining to the service’s marine safety function will not in any way affect the the deployment of this program that gives against aliens seeking to unlawfully priority to vessels and units more likely to enter the United States. Coast Guard’s authority to carry out encounter individuals suspected of making Americans deserve to know that our its Homeland Security missions. illegal border crossings through the mari- As the chairman has said, basically, ports and waterways are protected. time environment. what we’re trying to do is make sure EFINITION This amendment does just that by (d) D .—For the purposes of this that, while we understand that this or- section, the term ‘‘biometric identification’’ clarifying the Coast Guard’s homeland ganization is being stretched, we want means use of fingerprint and digital photog- security missions are strengthened by to make sure that it takes on its func- raphy images. the legislation we are doing today. tions effectively and efficiently. I The Acting CHAIRMAN. Pursuant to I consider all of my colleagues sup- think this amendment simply House Resolution 1126, the gentleman port for this commonsense amendment, strengthens the legislation and, there- from Florida (Mr. BILIRAKIS) and a and I reserve the balance of my time. fore, I support it. Member opposed each will control 5 Mr. LATOURETTE. Madam Chair- Mr. LATOURETTE. I thank both minutes. man, I ask unanimous consent to con- chairmen and want to again congratu- The Chair recognizes the gentleman trol the time in opposition, even late Mr. MCNERNEY on his amendment. from Florida. though I am not opposed to the amend- I would yield back the balance of my Mr. BILIRAKIS. I yield myself as ment. time. much time as I may consume. The Acting CHAIRMAN. Without ob- Mr. MCNERNEY. Madam Chairman, I rise to offer an amendment to the jection, the gentleman from Ohio is the purpose of this bill is just to erase Coast Guard Authorization Act that recognized for 5 minutes. any ambiguity that we want the Coast will strengthen maritime security. My There was no objection. Guard to be involved in homeland secu- amendment would replace section 708 Mr. LATOURETTE. Madam Chair- rity. of the bill which incorporates language man, we are prepared to accept this I yield back the balance of my time. from a stand-alone bill I have intro- amendment. The Coast Guard is a The Acting CHAIRMAN. The ques- duced with tougher language that multi-mission military service that tion is on the amendment offered by would codify and expand a Coast Guard must have the ability and flexibility to the gentleman from California (Mr. pilot program to collect biometric in- respond to numerous concerns and MCNERNEY). formation on aliens interdicted at sea. threats in the maritime domain. The question was taken; and the Act- My amendment requires the Coast We share the concern of the sponsor ing Chairman announced that the ayes Guard to move forward on this pro- that no one Coast Guard mission appeared to have it. gram within 1 year, and provide a cost

VerDate Aug 31 2005 04:48 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K24AP7.052 H24APPT1 smartinez on PROD1PC64 with HOUSE H2720 CONGRESSIONAL RECORD — HOUSE April 24, 2008 analysis to Congress on expanding There was no objection. The Acting CHAIRMAN. The ques- these capabilities in other Coast Guard Mr. OBERSTAR. I do support the tion is on the amendment offered by and Department of Homeland Security amendment offered by the distin- the gentleman from Florida (Mr. BILI- vessels and units. guished gentleman from Florida with RAKIS). As part of this analysis, my amend- whose father I had the pleasure to The amendment was agreed to. ment would encourage DHS to give pri- serve, a person of great personal dis- Mr. OBERSTAR. Madam Chairman, I ority to expanding mobile biometric tinction who served this body very well move that the Committee do now rise. collection capabilities to assets and and with whom I had a delightful per- The motion was agreed to. areas that are most likely to encounter sonal relationship. And I always appre- Accordingly, the Committee rose; illegal border crossings in the mari- ciated that friendship. and the Speaker pro tempore (Ms. ZOE time environment. I thank the gentleman for offering LOFGREN of California) having assumed b 1230 this amendment which requires bio- the chair, Mrs. JONES of Ohio, Acting metric identification of suspected per- Chairman of the Committee of the The efforts of the Coast Guard in this sons, including terrorists, to strength- Whole House on the State of the Union, area show great promise. Since the col- en border security. Fingerprinting, dig- lection of limited biometrics on indi- reported that that Committee, having ital photos, and other technology can had under consideration the bill (H.R. viduals interdicted at sea began, the be used to identify illegal migrants, Coast Guard has collected biometric 2830) to authorize appropriations for smugglers, and terrorists. It will be the Coast Guard for fiscal year 2008, data from 1,513 migrants resulting in useful in establishing a database. nearly 300 matches against databases and for other purposes, had come to no It parallels what we do in the TSA resolution thereon. of wanted criminals, immigration vio- for aviation security and in other areas lators, and others who have previously of security. It will be a valuable asset f encountered government authorities. in the ongoing struggle against ter- TEMPORARY EXTENSION OF FARM Instead of being released to repeat rorism, and I appreciate the gentleman PROGRAMS their dangerous and illegal behavior, offering the amendment. Mr. HOLDEN. Madam Speaker, I ask these individuals are now detained and I am happy to yield to the gentleman prosecuted. unanimous consent to take from the from Ohio. Speaker’s table the Senate bill (S. 2903) The U.S. Attorney’s Office in San Mr. LATOURETTE. I want to con- Juan, Puerto Rico, has prosecuted to amend Public Law 110–196 to provide gratulate Mr. BILIRAKIS on this amend- for a temporary extension of programs more than 118 individuals for violations ment, and we all had the privilege of authorized by the Farm Security and of U.S. laws, immigration laws, and serving with his dad, Mike, and he’s a Rural Investment Act of 2002 beyond other offenses based substantially on ‘‘Gus’’ off the old block, and he’s doing April 25, 2008, and ask for its imme- information obtained through the bio- a fine job not only in this amendment diate consideration in the House. metrics program. but also the Waterway Watch program. The Coast Guard reports that illegal We’re prepared to accept the amend- The Clerk read the title of the Senate migration in the Mona Pass area, an ment. The Coast Guard has operated a bill. area between the Dominican Republic pilot program in Mona Pass, Puerto The SPEAKER pro tempore. Is there and Puerto Rico, has been reduced by Rico. It has been extremely successful. objection to the request of the gen- 50 percent in the past year as a direct We’re aware that the Coast Guard in- tleman from Pennsylvania? result of the biometrics program. tends to expand the program in the Mr. LUCAS. Madam Speaker, reserv- By leveraging its relationships with- ing the right to object, I rise in support in DHS, the Coast Guard now has ac- Caribbean Basin to make it a perma- nent program. His amendment would of the temporary farm bill extension. It cess to millions of fingerprint files it will extend the provisions of the 2002 can use to positively identify individ- accomplish these goals. For that reason, I support the amend- farm bill an additional week to give uals encountered at sea, those who are our committee more time to finish the without identification and are sus- ment and congratulate Mr. BILIRAKIS. Mr. BILIRAKIS. Madam Chairman, I farm bill. pected of attempting an illegality and would like to thank Chairman THOMP- We continue to work towards an illegally entering the United States. SON and also thank Ranking Member agreement on this very complex piece Now that the Coast Guard has deter- KING for supporting this good bill and of legislation. While there is a signifi- mined the most effective way to collect cant amount of work that has been ac- biometrics at sea, the Department of my amendment. Thank you very much. Mr. OBERSTAR. I yield to close on complished, there is more that remains Homeland Security needs to determine our side to the gentleman from Mary- to be done. And the House and Senate the most appropriate way to move for- conferees have been meeting this week ward and expand this effort as cost ef- land. Mr. CUMMINGS. Madam Chairman, and continue to meet. The staff has fectively as possible, which is what my this amendment merely, simply stated, worked diligently to bring this bill to- amendment requires. gether. Given the success of existing efforts makes sense. It amends section 708 to The farm bill is a critical piece of on biometrics by the Coast Guard, I be- require the creation of a program that legislation for this country. It’s the lieve it is imperative that we strength- will enable the Coast Guard to test the commodity title, it’s the social attri- en section 708 of the underlying bill on use of biometrics technology to iden- tion problems, conservation, rural de- clarifying congressional intent in this tify individuals intercepted by the velopment and a variety of other area so that these efforts are cost effec- service. I have actually seen this proce- tive and will do the most good. It is dure and have seen this biometric things. It is something that must be clear the collection of biometrics at equipment in operation. This allows us accomplished and we on the Agri- sea by the Coast Guard is already help- to use our resources, our limited re- culture Committee, Congressman ing greatly deter illegal migration and sources that the Coast Guard has, in an HOLDEN and myself, take very seri- prevent the capture and release of dan- efficient and effective manner; and it ously as we work in that direction. gerous individuals. also will allow us to be able to learn Mr. HOLDEN. Madam Speaker, will I urge the distinguished Members of exactly who these terrorists might be the gentleman yield? this House to help further that effort and get identification information on Mr. LUCAS. I yield to the gentleman by voting for this amendment. them immediately. from Pennsylvania. Madam Chairman, I reserve the bal- And so I want to thank the gen- Mr. HOLDEN. Madam Speaker, I ance of my time. tleman for providing us with this agree with my friend from Oklahoma. Mr. OBERSTAR. Madam Chairman, I amendment, which makes our bill bet- This legislation is desperately needed rise to claim the time in opposition, ter. in rural America and in agriculture though I do not intend to oppose the Mr. BILIRAKIS. I also want to thank country. The conferees are making amendment. Chairman OBERSTAR for the kind words progress, but Chairman PETERSON and The Acting CHAIRMAN. Without ob- and Mr. LATOURETTE, my good friend. Ranking Member GOODLATTE are not jection, the gentleman from Minnesota This is a great amendment. Thanks for on the floor right now because they are is recognized for 5 minutes. your cooperation. I appreciate it. in meetings with the Ways and Means

VerDate Aug 31 2005 03:07 Apr 25, 2008 Jkt 069060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K24AP7.055 H24APPT1 smartinez on PROD1PC64 with HOUSE