[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5681 Engrossed in House (EH)]


  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  2d Session
                                H. R. 5681

_______________________________________________________________________

                                 AN ACT


 
 To authorize appropriations for the Coast Guard for fiscal year 2007, 
                        and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coast Guard Authorization Act of 
2006''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
                         TITLE I--AUTHORIZATION

Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
                         TITLE II--COAST GUARD

Sec. 201. Appointment of civilian Coast Guard judges.
Sec. 202. Industrial activities.
Sec. 203. Reimbursement for medical-related travel expenses.
Sec. 204. Commissioned officers.
Sec. 205. Coast Guard participation in the Armed Forces Retirement Home 
                            (AFRH) system.
Sec. 206. Grants to international maritime organizations.
Sec. 207. Emergency leave retention authority.
Sec. 208. Enforcement authority.
Sec. 209. Notification.
Sec. 210. Repeal.
Sec. 211. Maritime safety for nuclear power facilities located adjacent 
                            to navigable waters.
                   TITLE III--SHIPPING AND NAVIGATION

Sec. 301. Vessel size limits.
Sec. 302. Goods and services.
Sec. 303. Maritime activities.
Sec. 304. Seaward extension of anchorage grounds jurisdiction.
Sec. 305. Maritime Drug Law Enforcement Act amendment-simple 
                            possession.
Sec. 306. Technical amendments to tonnage measurement law.
Sec. 307. Seamen's shoreside access.
Sec. 308. Limitation on maritime liens on fishing permits.
Sec. 309.  Extension of exemption.
Sec. 310. Documentation of certain fishing vessels.
                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Secure communications program.
Sec. 402. Certificate of documentation for GALLANT LADY.
Sec. 403. Waiver.
Sec. 404. Data.
Sec. 405. Great Lakes Maritime Research Institute.
Sec. 406. Inspection and certification of permanently moored vessels.
Sec. 407. Competitive contracting for patrol boat replacement.
Sec. 408. Patrol boat report.
Sec. 409. Actions to address sexual harassment and violence at Coast 
                            Guard Academy.
Sec. 410. Cruise ship demonstration project.
Sec. 411. Crew wages on passenger vessels.
Sec. 412. Technical corrections.
                TITLE V--MARPOL ANNEX VI IMPLEMENTATION

Sec. 501. Short title.
Sec. 502. References.
Sec. 503. Definitions.
Sec. 504. Applicability.
Sec. 505. Administration and enforcement.
Sec. 506. Certificates.
Sec. 507. Reception facilities.
Sec. 508. Inspections.
Sec. 509. Amendments to the protocol.
Sec. 510. Effect on other laws.
Sec. 511. MARPOL technical corrections.

                         TITLE I--AUTHORIZATION

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are authorized to be appropriated for fiscal year 2007 for 
necessary expenses of the Coast Guard as follows:
            (1) For the operation and maintenance of the Coast Guard, 
        $5,680,000,000, of which--
                    (A) $24,255,000 is authorized to be derived from 
                the Oil Spill Liability Trust Fund to carry out the 
                purposes of section 1012(a)(5) of the Oil Pollution Act 
                of 1990 (33 U.S.C. 2712(a)(5));
                    (B) $629,000,000 shall be available only for paying 
                for search and rescue programs; and
                    (C) $502,000,000 shall be available only for paying 
                for marine safety programs.
            (2) For the acquisition, construction, rebuilding, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto, $2,095,861,000, of which--
                    (A) $19,800,000 shall be derived from the Oil Spill 
                Liability Trust Fund to carry out the purposes of 
                section 1012(a)(5) of the Oil Pollution Act of 1990, to 
                remain available until expended;
                    (B) $1,419,223,000 is authorized for acquisition 
                and construction of shore and offshore facilities, 
                vessels, and aircraft, including equipment related 
                thereto, and other activities that constitute the 
                Integrated Deepwater System; and
                    (C) $316,638,000 is authorized for conversion and 
                sustainment of legacy vessels and aircraft, including 
                equipment related thereto, and other activities that 
                constitute the Integrated Deepwater Systems.
            (3) To the Commandant of the Coast Guard for research, 
        development, test, and evaluation of technologies, materials, 
        and human factors directly relating to improving the 
        performance of the Coast Guard's mission in search and rescue, 
        aids to navigation, marine safety, marine environmental 
        protection, enforcement of laws and treaties, ice operations, 
        oceanographic research, and defense readiness, $24,000,000, to 
        remain available until expended, of which $2,000,000 shall be 
        derived from the Oil Spill Liability Trust Fund to carry out 
        the purposes of section 1012(a)(5) of the Oil Pollution Act of 
        1990.
            (4) For retired pay (including the payment of obligations 
        otherwise chargeable to lapsed appropriations for this 
        purpose), payments under the Retired Serviceman's Family 
        Protection and Survivor Benefit Plans, and payments for medical 
        care of retired personnel and their dependents under chapter 55 
        of title 10, United States Code, $1,063,323,000, to remain 
        available until expended.
            (5) For alteration or removal of bridges over navigable 
        waters of the United States constituting obstructions to 
        navigation, and for personnel and administrative costs 
        associated with the Bridge Alteration Program, $17,000,000.
            (6) For environmental compliance and restoration at Coast 
        Guard facilities (other than parts and equipment associated 
        with operation and maintenance), $12,000,000, to remain 
        available until expended.
            (7) For the Coast Guard Reserve program, including 
        personnel and training costs, equipment, and services, 
        $124,000,000.

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

    (a) Active Duty Strength.--The Coast Guard is authorized an end-of-
year strength for active duty personnel of 45,500 for the fiscal year 
ending on September 30, 2007.
    (b) Military Training Student Loads.--For fiscal year 2007, the 
Coast Guard is authorized average military training student loads as 
follows:
            (1) For recruit and special training, 2,500 student years.
            (2) For flight training, 125 student years.
            (3) For professional training in military and civilian 
        institutions, 350 student years.
            (4) For officer acquisition, 1,200 student years.

                         TITLE II--COAST GUARD

SEC. 201. APPOINTMENT OF CIVILIAN COAST GUARD JUDGES.

    (a) In General.--Chapter 7 of title 14, United States Code, is 
amended by adding at the end the following:
``Sec. 153. Appointment of judges
    ``The Secretary may appoint civilian employees of the Department in 
which the Coast Guard is operating as appellate military judges, 
available for assignment to the Coast Guard Court of Criminal Appeals 
as provided for in section 866(a) of title 10.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended 
by adding at the end the following:

``153. Appointment of judges.''.

SEC. 202. INDUSTRIAL ACTIVITIES.

    Section 151 of title 14, United States Code is amended--
            (1) by inserting ``(a) In General.--'' before ``All 
        orders''; and
            (2) by adding at the end the following:
    ``(b) Orders and Agreements for Industrial Activities.--Under this 
section, the Coast Guard industrial activities may accept orders and 
enter into reimbursable agreements with establishments, agencies, and 
departments of the Department of Defense.''.

SEC. 203. REIMBURSEMENT FOR MEDICAL-RELATED TRAVEL EXPENSES.

    (a) In General.--Chapter 13 of title 14, United States Code, is 
amended by adding at the end the following:
``Sec. 518. Reimbursement for medical-related travel expenses for 
              certain persons residing on islands in the continental 
              United States
    ``In any case in which a covered beneficiary (as defined in section 
1072(5) of title 10) resides on an island that is located in the 48 
contiguous States and the District of Columbia and that lacks public 
access roads to the mainland and is referred by a primary care 
physician to a specialty care provider (as defined in section 1074i(b) 
of title 10) on the mainland who provides services less than 100 miles 
from the location where the beneficiary resides, the Secretary shall 
reimburse the reasonable travel expenses of the covered beneficiary 
and, when accompaniment by an adult is necessary, for a parent or 
guardian of the covered beneficiary or another member of the covered 
beneficiary's family who is at least 21 years of age.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended 
by adding at the end the following:

``518. Reimbursement for medical-related travel expenses for certain 
                            persons residing on islands in the 
                            continental United States.''.

SEC. 204. COMMISSIONED OFFICERS.

    (a) Active Duty Promotion List.--Section 42 of title 14, United 
States Code, is amended to read as follows:
``Sec. 42. Number and distribution of commissioned officers on active 
              duty promotion list
    ``(a) Maximum Total Number.--The total number of Coast Guard 
commissioned officers on the active duty promotion list, excluding 
warrant officers, shall not exceed 6,700; except that the Commandant 
may temporarily increase such number by up to 2 percent for no more 
than 60 days following the date of the commissioning of a Coast Guard 
Academy class.
    ``(b) Distribution Percentages by Grade.--
            ``(1) Required.--The total number of commissioned officers 
        authorized by this section shall be distributed in grade in the 
        following percentages: 0.375 percent for rear admiral; 0.375 
        percent for rear admiral (lower half); 6.0 percent for captain; 
        15.0 percent for commander; and 22.0 percent for lieutenant 
        commander.
            ``(2) Discretionary.--The Secretary shall prescribe the 
        percentages applicable to the grades of lieutenant, lieutenant 
        (junior grade), and ensign.
            ``(3) Authority of secretary to reduce percentage.--The 
        Secretary--
                    ``(A) may reduce, as the needs of the Coast Guard 
                require, any of the percentages set forth in paragraph 
                (1); and
                    ``(B) shall apply that total percentage reduction 
                to any other lower grade or combination of lower 
                grades.
    ``(c) Computations.--
            ``(1) In general.--The Secretary shall compute, at least 
        once each year, the total number of commissioned officers 
        authorized to serve in each grade by applying the grade 
        distribution percentages established by or under this section 
        to the total number of commissioned officers listed on the 
        current active duty promotion list.
            ``(2) Rounding fractions.--Subject to subsection (a), in 
        making the computations under paragraph (1), any fraction shall 
        be rounded to the nearest whole number.
            ``(3) Treatment of officers serving outside coast guard.--
        The number of commissioned officers on the active duty 
        promotion list serving with other Federal departments or 
        agencies on a reimbursable basis or excluded under section 
        324(d) of title 49 shall not be counted against the total 
        number of commissioned officers authorized to serve in each 
        grade.
    ``(d) Use of Numbers; Temporary Increases.--The numbers resulting 
from computations under subsection (c) shall be, for all purposes, the 
authorized number in each grade; except that the authorized number for 
a grade is temporarily increased during the period between one 
computation and the next by the number of officers originally appointed 
in that grade during that period and the number of officers of that 
grade for whom vacancies exist in the next higher grade but whose 
promotion has been delayed for any reason.
    ``(e) Officers Serving Coast Guard Academy and Reserve.--The number 
of officers authorized to be serving on active duty in each grade of 
the permanent commissioned teaching staff of the Coast Guard Academy 
and of the Reserve serving in connection with organizing, 
administering, recruiting, instructing, or training the reserve 
components shall be prescribed by the Secretary.''.
    (b) Clerical Amendment.--The analysis for chapter 3 of such title 
is amended by striking the item relating to section 42 and inserting 
the following:

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

SEC. 205. COAST GUARD PARTICIPATION IN THE ARMED FORCES RETIREMENT HOME 
              (AFRH) SYSTEM.

    (a) In General.--Section 1502 of the Armed Forces Retirement Home 
Act of 1991 (24 U.S.C. 401) is amended--
            (1) by striking paragraph (4);
            (2) in paragraph (5)--
                    (A) by striking ``and'' at the end of subparagraph 
                (C);
                    (B) by striking the period at the end of 
                subparagraph (D) and inserting ``; and''; and
                    (C) by inserting at the end the following:
                    ``(E) the Assistant Commandant of the Coast Guard 
                for Human Resources.''; and
            (3) by adding at the end of paragraph (6) the following:
                    ``(E) The Master Chief Petty Officer of the Coast 
                Guard.''.
    (b) Conforming Amendments.--(1) Section 2772 of title 10, United 
States Code, is amended--
            (A) in subsection (a) by inserting ``or, in the case of the 
        Coast Guard, the Commandant'' after ``concerned'' ; and
            (B) by striking subsection (c).
    (2) Section 1007(i) of title 37, United States Code, is amended--
            (A) in paragraph (3) by inserting ``or, in the case of the 
        Coast Guard, the Commandant'' after ``Secretary of Defense'';
            (B) by striking paragraph (4); and
            (C) by redesignating paragraph (5) as paragraph (4).

SEC. 206. GRANTS TO INTERNATIONAL MARITIME ORGANIZATIONS.

    Section 149 of title 14, United States Code, is amended--
            (1) by inserting ``(a) In General.--'' before ``The 
        President'' ; and
            (2) by adding at the end the following:
    ``(b) Grants to International Maritime Organizations.--After 
consultation with the Secretary of State, the Commandant may make 
grants to, or enter into cooperative agreements, contracts, or other 
agreements with, international maritime organizations for the purpose 
of acquiring information or data about merchant vessel inspections, 
security, safety, classification, and port state or flag state law 
enforcement or oversight.''.

SEC. 207. EMERGENCY LEAVE RETENTION AUTHORITY.

    (a) In General.--Chapter 11 of title 14, United States Code, is 
amended by inserting after section 425 the following:
``Sec. 426. Emergency leave retention authority
    ``With regard to a member of the Coast Guard who serves on active 
duty, a duty assignment in support of a declaration of a major disaster 
or emergency by the President under the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) shall be 
treated, for the purpose of section 701(f)(2) of title 10, a duty 
assignment in support of a contingency operation.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended 
by inserting after the item relating to section 425 the following new 
item:

``426. Emergency leave retention authority.''.

SEC. 208. ENFORCEMENT AUTHORITY.

    (a) In General.--Chapter 5 of title 14, United States Code, is 
amended by adding at the end the following:
``Sec. 99. Enforcement authority
    ``Subject to guidelines approved by the Secretary, members of the 
Coast Guard, in the performance of official duties, may--
            ``(1) carry a firearm; and
            ``(2) while at a facility (as defined in section 70101 of 
        title 46)--
                    ``(A) make an arrest without warrant for any 
                offense against the United States; and
                    ``(B) seize property as otherwise provided by 
                law.''.
    (b) Conforming Repeal.--The first section added to title 46, United 
States Code, by the amendment made by subsection (a) of section 801 of 
the Coast Guard and Maritime Transportation Act of 2004 (118 Stat. 
1078), and the item relating to such first section enacted by the 
amendment made by subsection (b) of such section 801, are repealed.
    (c) Clerical Amendment.--The analysis for such chapter is amended 
by adding at the end the following:

``99. Enforcement authority.''.

SEC. 209. NOTIFICATION.

    The Secretary of the department in which the Coast Guard is 
operating may not transfer the permanent headquarters of the United 
States Coast Guard Band until at least 180 days after the date on which 
a plan for such transfer is submitted to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate.

SEC. 210. REPEAL.

    Section 216 of title 14, United States Code, and the item relating 
to such section in the analysis for chapter 11 of such title, are 
repealed.

SEC. 211. MARITIME SAFETY FOR NUCLEAR POWER FACILITIES LOCATED ADJACENT 
              TO NAVIGABLE WATERS.

    (a) Responsibility.--Section 2 of title 14, United States Code, is 
amended by inserting before ``and shall maintain a state of readiness'' 
the following: ``shall administer laws and promulgate and enforce 
regulations to assure the maritime safety of nuclear power facilities 
located adjacent to navigable waters of the United States not 
specifically delegated by law to some other executive department;''.
    (b) Cooperation With NRC.--Chapter 7 of such title is amended by 
inserting after section 147a the following:
``Sec. 147b. Nuclear regulatory commission
    ``(a) In General.--The Commandant may enter into an agreement with 
the Chairman of the Nuclear Regulatory Commission to enhance the 
maritime safety of the navigable waters of the United States that are 
located adjacent to a nuclear power plant. Such agreement shall provide 
for--
            ``(1) the exchange of certain information with the Chairman 
        relating to the maritime safety of a nuclear power plant 
        located adjacent to the navigable waters of the United States;
            ``(2) the assignment of officers of the Coast Guard to 
        serve as liaisons to the Nuclear Regulatory Commission; and
            ``(3) the provisions of equipment and support to, or accept 
        the same from, the Nuclear Regulatory Commission.
    ``(b) Payment or Reimbursement.--With regard to any agreement 
entered into under subsection (a), the Commandant may prescribe 
conditions, including advance payment or reimbursement, under which 
such resources may be provided.''.
    (c) Clerical Amendment.--The analysis for chapter 7 of such title 
is amended by adding at the end the following:

``147b. Nuclear Regulatory Commission.''.

                   TITLE III--SHIPPING AND NAVIGATION

SEC. 301. VESSEL SIZE LIMITS.

    (a) Length, Tonnage, and Horsepower.--Section 12102 (c)(5) of title 
46, United States Code, is amended--
            (1) by inserting ``and'' after the semicolon at the end of 
        subparagraph (A)(i);
            (2) by striking ``and'' at the end of subparagraph (A)(ii);
            (3) by striking subparagraph (A)(iii);
            (4) by striking the period at the end of subparagraph (B) 
        and inserting ``; or''; and
            (5) by inserting at the end the following:
                    ``(C) the vessel is either a rebuilt vessel or a 
                replacement vessel under section 208(g) of the American 
                Fisheries Act (title II of division C of Public Law 
                105-277; 112 Stat. 2681-627) and is eligible for a 
                fishery endorsement under section 12108 of this 
                title.''.
    (b) Conforming Amendments.--
            (1) Vessel rebuilding and replacement.--Section 208(g) of 
        the American Fisheries Act (title II of division C of Public 
        Law 105-277; 112 Stat. 2681-627) is amended to read as follows:
    ``(g) Vessel Rebuilding and Replacement.--
            ``(1) In general.--
                    ``(A) Rebuild or replace.--Notwithstanding any 
                limitation to the contrary on replacing, rebuilding, or 
                lengthening vessels or transferring permits or licenses 
                to a replacement vessel contained in sections 679.2 and 
                679.4 of title 50, Code of Federal Regulations, as in 
                effect on the date of enactment of the Coast Guard 
                Authorization Act of 2006 and except as provided in 
                paragraph (4), the owner of a vessel eligible under 
                subsection (a), (b), (c), (d), or (e) (other than 
                paragraph (21)), in order to improve vessel safety and 
                operational efficiencies (including fuel efficiency), 
                may rebuild or replace that vessel (including fuel 
                efficiency) with a vessel documented with a fishery 
                endorsement under section 12108 of title 46, United 
                States Code.
                    ``(B) Same requirements.--The rebuilt or 
                replacement vessel shall be eligible in the same manner 
                and subject to the same restrictions and limitations 
                under such subsection as the vessel being rebuilt or 
                replaced.
                    ``(C) Transfer of permits and licenses.--Each 
                fishing permit and license held by the owner of a 
                vessel or vessels to be rebuilt or replaced under 
                subparagraph (A) shall be transferred to the rebuilt or 
                replacement vessel.
            ``(2) Recommendations of north pacific council.--The North 
        Pacific Council may recommend for approval by the Secretary 
        such conservation and management measures, including size 
        limits and measures to control fishing capacity, in accordance 
        with the Magnuson-Stevens Act as it considers necessary to 
        ensure that this subsection does not diminish the effectiveness 
        of fishery management plans of the Bering Sea and Aleutian 
        Islands Management Area or the Gulf of Alaska.
            ``(3) Special rule for replacement of certain vessels.--
                    ``(A) In general.--Notwithstanding the requirements 
                of paragraphs (1), (2), and (3) of section 12102(c) of 
                title 46, United States Code, a vessel that is eligible 
                under subsection (a), (b), (c), (d), or (e) (other than 
                paragraph (21)) and that qualifies to be documented 
                with a fishery endorsement pursuant to section 203(g) 
                or 213(g) may be replaced with a replacement vessel 
                under paragraph (1) if the vessel that is replaced is 
                validly documented with a fishery endorsement pursuant 
                to section 203(g) or 213(g) before the replacement 
                vessel is documented with a fishery endorsement under 
                section 12108 of title 46, United States Code.
                    ``(B) Applicability.--A replacement vessel under 
                subparagraph (A) and its owner and mortgagee are 
                subject to the same limitations under section 203(g) or 
                213(g) that are applicable to the vessel that has been 
                replaced and its owner and mortgagee.
            ``(4) Special rules for certain catcher vessels.--
                    ``(A) In general.--A replacement for a covered 
                vessel described in subparagraph (B) is prohibited from 
                harvesting fish in any fishery (except for the Pacific 
                whiting fishery) managed under the authority of any 
                regional fishery management council (other than the 
                North Pacific Council) established under section 302(a) 
                of the Magnuson-Stevens Act.
                    ``(B) Covered vessels.--A covered vessel referred 
                to in subparagraph (A) is--
                            ``(i) a vessel eligible under subsection 
                        (a), (b), or (c) that is replaced under 
                        paragraph (1); or
                            ``(ii) a vessel eligible under subsection 
                        (a), (b), or (c) that is rebuilt to increase 
                        its registered length, gross tonnage, or shaft 
                        horsepower.
            ``(5) Limitation on fishery endorsements.--Any vessel that 
        is replaced under this subsection shall thereafter not be 
        eligible for a fishery endorsement under section 12108 of title 
        46, United States Code, unless that vessel is also a 
        replacement vessel described in paragraph (1).
            ``(6) Gulf of alaska limitation.--Notwithstanding paragraph 
        (1), the Secretary shall prohibit from participation in the 
        groundfish fisheries of the Gulf of Alaska any vessel that is 
        rebuilt or replaced under this subsection and that exceeds the 
        maximum length overall specified on the license that authorizes 
        fishing for groundfish pursuant to the license limitation 
        program under part 679 of title 50, Code of Federal 
        Regulations, as in effect on the date of enactment of the Coast 
        Guard Authorization Act of 2006.
            ``(7) Authority of pacific council.--Nothing in this 
        section shall be construed to diminish or otherwise affect the 
        authority of the Pacific Council to recommend to the Secretary 
        conservation and management measures to protect fisheries under 
        its jurisdiction (including the Pacific whiting fishery) and 
        participants in such fisheries from adverse impacts caused by 
        this Act.''.
            (2) Exemption of certain vessels.--Section 203(g) of the 
        American Fisheries Act (title II of division C of Public Law 
        105-277; 112 Stat. 2681-620) is amended--
                    (A) by inserting ``and'' after ``(United States 
                official number 651041)'';
                    (B) by striking ``, NORTHERN TRAVELER (United 
                States official number 635986), and NORTHERN VOYAGER 
                (United States official number 637398) (or a 
                replacement vessel for the NORTHERN VOYAGER that 
                complies with paragraphs (2), (5), and (6) of section 
                208(g) of this Act)''; and
                    (C) by striking ``, in the case of the NORTHERN'' 
                and all that follows through ``PHOENIX,''.
            (3) Fishery cooperative exit provisions.--Section 210(b) of 
        the American Fisheries Act (title II of division C of Public 
        Law 105-277; 112 Stat. 2681-629) is amended--
                    (A) by moving the matter beginning with ``the 
                Secretary shall'' in paragraph (1) 2 ems to the right;
                    (B) by adding at the end the following:
            ``(7) Fishery cooperative exit provisions.--
                    ``(A) Fishing allowance determination.--For 
                purposes of determining the aggregate percentage of 
                directed fishing allowances under paragraph (1), when a 
                catcher vessel is removed from the directed pollock 
                fishery, the fishery allowance for pollock for the 
                vessel being removed--
                            ``(i) shall be based on the catch history 
                        determination for the vessel made pursuant to 
                        section 679.62 of title 50, Code of Federal 
                        Regulations, as in effect on the date of 
                        enactment of the Coast Guard Authorization Act 
                        2006; and
                            ``(ii) shall be assigned, for all purposes 
                        under this title, in the manner specified by 
                        the owner of the vessel being removed to any 
                        other catcher vessel or among other catcher 
                        vessels participating in the fishery 
                        cooperative if such vessel or vessels remain in 
                        the fishery cooperative for at least one year 
                        after the date on which the vessel being 
                        removed leaves the directed pollock fishery.
                    ``(B) Eligibility for fishery endorsement.--Except 
                as provided in subparagraph (C), a vessel that is 
                removed pursuant to this paragraph shall be permanently 
                ineligible for a fishery endorsement, and any claim 
                (including relating to catch history) associated with 
                such vessel that could qualify any owner of such vessel 
                for any permit to participate in any fishery within the 
                exclusive economic zone of the United States shall be 
                extinguished, unless such removed vessel is thereafter 
                designated to replace a vessel to be removed pursuant 
                to this paragraph.
                    ``(C) Limitations on statutory construction.--
                Nothing in this paragraph shall be construed--
                            ``(i) to make the vessels AJ (United States 
                        official number 905625), DONA MARTITA (United 
                        States official number 651751), NORDIC EXPLORER 
                        (United States official number 678234), and 
                        PROVIDIAN (United States official number 
                        1062183) ineligible for a fishery endorsement 
                        or any permit necessary to participate in any 
                        fishery under the authority of the New England 
                        Fishery Management Council or the Mid-Atlantic 
                        Fishery Management Council established, 
                        respectively, under subparagraphs (A) and (B) 
                        of section 302(a)(1) of the Magnuson-Stevens 
                        Act; or
                            ``(ii) to allow the vessels referred to in 
                        clause (i) to participate in any fishery under 
                        the authority of the Councils referred to in 
                        clause (i) in any manner that is not consistent 
                        with the fishery management plan for the 
                        fishery developed by the Councils under section 
                        303 of the Magnuson-Stevens Act.''.
    (c) Vessel Safety Standards.--
            (1) Loadlines.--Section 5102(b)(3) of title 46, United 
        States Code, is amended by striking ``a fishing vessel.'' and 
        inserting ``a fishing vessel unless the vessel is--
                    ``(A) a rebuilt vessel under section 208(g) of the 
                American Fisheries Act (title II of division C of 
                Public Law 105-277; 112 Stat. 2681-627); or
                    ``(B) a replacement vessel under such section and 
                the replacement vessel did not harvest fish under 
                section 208(a), 208(b), 208(c), or 208(e) of that Act 
                before June 1, 2006.''.
            (2) Classing.--Section 4503 of title 46, United States 
        Code, is amended--
                    (A) in subsection (a) by inserting after ``A'' the 
                following: ``fishing or'';
                    (B) by adding at the end the following:
    ``(c) Applicability to Fishing Vessels.--This section applies to a 
fishing vessel to which this chapter applies that is--
            ``(1) a rebuilt vessel under section 208(g) of the American 
        Fisheries Act (title II of division C of Public Law 105-277; 
        112 Stat. 2681-627); or
            ``(2) a replacement vessel under such section and the 
        replacement vessel did not harvest fish under section 208(a), 
        208(b), 208(c), or 208(e) of that Act before June 1, 2006.''; 
        and
                    (C) in the heading for such section by striking 
                ``Fish'' and inserting ``Fishing and fish''.
    (d) Conversion to Catcher/processor Shares.--
            (1) In general.--
                    (A) Amendment of plan.--Not later than 90 days 
                after the date of enactment of this Act, the Secretary 
                of Commerce shall amend the fishery management plan for 
                Bering Sea/Aleutian Islands King and Tanner Crabs (in 
                this section referred to as the ``Plan'') for the 
                Northern Region (as that term is used in the Plan) to 
                authorize entities affiliated through common ownership 
                to elect on an annual basis to work together to combine 
                any of their catcher vessel owner quota shares for the 
                Northern Region with any of their processor quota 
                shares and to exchange them for newly created catcher/
                processor owner quota shares for the Northern Region.
                    (B) Exchange rate.--The entities referred to in 
                subparagraph (A) shall receive under the amendment one 
                unit of newly created catcher/processor owner quota 
                shares in exchange for one unit of catcher vessel owner 
                quota shares and 0.9 units of processor quota shares.
                    (C) Area of validity.--Each unit of newly created 
                catcher/processor owner quota shares under this 
                paragraph shall only be valid for the Northern Region.
            (2) Fees.--
                    (A) Local fees.--The holder of the newly created 
                catcher/processor owner quota shares under paragraph 
                (1) shall pay a fee of 5.0 percent of the ex-vessel 
                value of the crab harvested pursuant to those shares to 
                any local governmental entities in the Northern Region, 
                that would otherwise have received tax revenues from 
                local raw fish taxes had the exchange authorized by 
                paragraph (1) not occurred.
                    (B) State fee.--The State of Alaska may collect 
                from the holder of the newly created catcher/processor 
                owner quota shares under paragraph (1) a fee of 1.0 
                percent of the ex-vessel value of the crab harvested 
                pursuant to those shares.
            (3) Landing requirement.--Crab harvested pursuant to 
        catcher/processor owner quota shares created under this 
        subsection shall be landed in those communities receiving the 
        local governmental entities fee revenue set forth in paragraph 
        (2)(A).
            (4) Periodic council review.--As part of its periodic 
        review of the Plan referred to in paragraph (1), the North 
        Pacific Fishery Management Council may review the effect, if 
        any, of this subsection upon communities in the Northern 
        Region. If the Council determines that this section adversely 
        affects the communities, the Council may recommend to the 
        Secretary of Commerce, and the Secretary may approve, such 
        changes to the Plan as are necessary to mitigate those adverse 
        effects.
            (5) Limitation on applications.--Paragraph (1) shall apply 
        only with respect to entities that--
                    (A) were initially awarded catcher/processor owner 
                quota shares under the Plan; and
                    (B) either were initially awarded processor quota 
                shares under the Plan or received such shares under 
                section 417(a) of the Coast Guard and Maritime 
                Transportation Act of 2006 (Public Law 109-241; 120 
                Stat. 546).

SEC. 302. GOODS AND SERVICES.

    Section 4(b) of the Act of July 5, 1884, commonly known as the 
Rivers and Harbors Appropriation Act of 1884 (33 U.S.C. 5(b)), is 
amended--
            (1) by striking ``or'' at the end of paragraph (2)(C);
            (2) by striking the period at the end of paragraph (3) and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(4) sales taxes on goods and services provided to or by 
        vessels or watercraft (other than vessels or watercraft 
        primarily engaged in foreign commerce).''.

SEC. 303. MARITIME ACTIVITIES.

    Not later than 30 days after the date of enactment of this Act, the 
Commandant of the Coast Guard shall prepare and submit to the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate a report on the use of funds provided to the Alaska Sealife 
Center from the Oil Spill Liability Trust Fund.

SEC. 304. SEAWARD EXTENSION OF ANCHORAGE GROUNDS JURISDICTION.

    Section 7 of the Rivers and Harbors Appropriations Act of 1915 (33 
U.S.C. 471) is amended--
            (1) by inserting before ``The'' the following:
    ``(a) In General.--''.
            (2) in subsection (a) (as designated by paragraph (1)) by 
        striking ``$100; and the'' and inserting ``up to $10,000. Each 
        day during which a violation continues shall constitute a 
        separate violation. The'';
            (3) by adding at the end the following:
    ``(b) Definition.--As used in this section `navigable waters of the 
United States' includes all waters of the territorial sea of the United 
States as described in Presidential Proclamation No. 5928 of December 
27, 1988.''.

SEC. 305. MARITIME DRUG LAW ENFORCEMENT ACT AMENDMENT-SIMPLE 
              POSSESSION.

    The Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901-1904) is 
amended by adding at the end the following:

``SEC. 1905. SIMPLE POSSESSION.

    ``(a) In General.--Any individual at a facility (as defined under 
section 70101 of title 46, United States Code) or on a vessel subject 
to the jurisdiction of the United States who is found by the Secretary, 
after notice and an opportunity for a hearing, to have knowingly or 
intentionally possessed a controlled substance within the meaning of 
the Controlled Substances Act (21 U.S.C. 812) shall be liable to the 
United States for a civil penalty of not to exceed $10,000 for each 
violation. The Secretary shall notify the individual in writing of the 
amount of the civil penalty.
    ``(b) Determination of Amount.--In determining the amount of the 
penalty, the Secretary shall consider the nature, circumstances, 
extent, and gravity of the prohibited acts committed and, with respect 
to the violator, the degree of culpability, any history of prior 
offenses, ability to pay, and other matters that justice requires.
    ``(c) Treatment of Civil Penalty Assessment.--Assessment of a civil 
penalty under this section shall not be considered a conviction for 
purposes of State or Federal law but may be considered proof of 
possession if such a determination is relevant.''.

SEC. 306. TECHNICAL AMENDMENTS TO TONNAGE MEASUREMENT LAW.

    (a) Application.--Section 14301(b)(3) of title 46, United States 
Code, is amended by inserting ``of United States or Canadian registry'' 
after ``vessel''.
    (b) Measurement.--Section 14302(b) of such title is amended to read 
as follows:
    ``(b) Measurement.--A vessel measured under this chapter may not be 
required to be measured under any other law.''.
    (c) Reciprocity for Foreign Vessels.--Subchapter II of chapter 145 
of such title is amended by adding at the end the following:
``Sec. 14514. Reciprocity for foreign vessels
    ``For a foreign vessel not measured under chapter 143, if the 
Secretary finds that the laws and regulations of a foreign country 
related to measurement of vessels are substantially similar to those of 
this chapter and the regulations prescribed under this chapter, the 
Secretary may accept the measurement and certificate of a vessel of 
that foreign country as complying with this chapter and the regulations 
prescribed under this chapter.''.
    (d) Dual Tonnage Measurement.--Section 14513(c) of such title is 
amended--
            (1) in paragraph (1)--
                    (A) by striking ``vessel's tonnage mark is below 
                the uppermost part of the load line marks,'' and 
                inserting ``vessel is assigned 2 sets of gross and net 
                tonnages under this section,''; and
                    (B) by striking ``the mark'' and inserting ``the 
                vessel's tonnage mark''; and
            (2) in paragraph (2) by striking the period at the end and 
        inserting ``as assigned under this section.''.
    (e) Clerical Amendment.--The analysis for subchapter II of chapter 
145 of such title is amended by adding at the end the following:

``14514. Reciprocity for foreign vessels.''.

SEC. 307. SEAMEN'S SHORESIDE ACCESS.

    Each facility security plan approved under section 70103(c) of 
title 46, United States Code, shall provide a system for seamen 
assigned to a vessel at that facility, pilots, and representatives of 
seamen's welfare and labor organizations to board and depart the vessel 
through the facility in a timely manner at no cost to the individual.

SEC. 308. LIMITATION ON MARITIME LIENS ON FISHING PERMITS.

    (a) In General.--Subchapter I of chapter 313 of title 46, United 
States Code, is amended by adding at the end the following:
``Sec. 31310. Limitation on maritime liens on fishing permits
    ``(a) In General.--A maritime lien shall not attach to a permit 
that--
            ``(1) authorizes use of a vessel to engage in fishing; and
            ``(2) is issued under State or Federal law.
    ``(b) Limitation on Enforcement.--No civil action may be brought to 
enforce a maritime lien on a permit described in subsection (a).
    ``(c) Limitation on Statutory Construction.--Nothing in subsections 
(a) and (b) shall be construed as imposing any limitation upon the 
authority of the Secretary of Commerce to modify, suspend, revoke, or 
sanction any Federal fishery permit issued by the Secretary of Commerce 
or to bring a civil action to enforce such modification, suspension, 
revocation, or sanction.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended 
by inserting after the item relating to section 31309 the following:

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

SEC. 309. EXTENSION OF EXEMPTION.

    Section 3503(a) of title 46, United States Code, is amended by 
striking ``2008'' and inserting ``2018''.

SEC. 310. DOCUMENTATION OF CERTAIN FISHING VESSELS.

    Section 12102(c)(5) of title 46, United States Code, as amended by 
section 301(a) of this Act, is amended by adding at the end the 
following:
            ``(D) the vessel has been issued a permit pursuant to part 
        648.6(a)(2) of title 50, Code of Federal Regulations, and the 
        owner of the vessel--
                    ``(i) demonstrates to the Secretary the 
                recommendation and approval referred to in subparagraph 
                (B);
                    ``(ii) is required under the endorsement to land 
                all harvested fish and processed fish products at a 
                United States port; and
                    ``(iii) demonstrates to the Secretary that the 
                vessel is in compliance with--
                            ``(I) requirements that otherwise apply 
                        under section 403 of the Magnuson-Stevens 
                        Fishery Conservation and Management Act (16 
                        U.S.C. 1881b) that the vessel carry one or more 
                        Federal observers; and
                            ``(II) recordkeeping and reporting 
                        requirements that otherwise apply under part 
                        648.7 of title 50, Code of Federal 
                        Regulations.''.

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. SECURE COMMUNICATIONS PROGRAM.

    There is authorized to be appropriated to the Commandant of the 
Coast Guard $3,000,000 to improve boarding team communications through 
the use of a cryptographic mesh overlay protocol.

SEC. 402. CERTIFICATE OF DOCUMENTATION FOR GALLANT LADY.

    Section 1120(c) of the Coast Guard Authorization Act of 1996 (110 
Stat. 3977) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``of Transportation'' and inserting 
                ``of the department in which the Coast Guard is 
                operating''; and
                    (B) by striking subparagraph (A) and inserting the 
                following:
                    ``(A) the vessel GALLANT LADY (Feadship hull number 
                672, approximately 168 feet in length).'';
            (2) by striking paragraphs (3) and (4) and redesignating 
        paragraph (5) as paragraph (3); and
            (3) in paragraph (3) (as so redesignated) by striking all 
        after ``shall expire'' and inserting ``on the date of the sale 
        of the vessel by the owner.''.

SEC. 403. WAIVER.

    Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 
U.S.C. App. 883), section 8 of the Act of June 19, 1886 (46 U.S.C. App. 
289; 24 Stat. 81), and section 12106 of title 46, United States Code, 
the Secretary of the department in which the Coast Guard is operating 
may issue a certificate of documentation with a coastwise endorsement 
for the OCEAN VERITAS (IMO Number 7366805).

SEC. 404. DATA.

    In each of fiscal years 2007 and 2008, there is authorized to be 
appropriated to the Administrator of the National Oceanic and 
Atmospheric Administration $7,000,000 to acquire through the use of 
unmanned aerial vehicles data to improve the management of natural 
disasters, and the safety of marine and aviation transportation.

SEC. 405. GREAT LAKES MARITIME RESEARCH INSTITUTE.

    Section 605 of the Coast Guard and Maritime Transportation Act of 
2004 (118 Stat. 1052) is amended--
            (1) in subsection (b)(1)--
                    (A) by striking ``The Secretary of Transportation 
                shall conduct a study that'' and inserting ``The 
                Institute shall conduct maritime transportation studies 
                of the Great Lakes region, including studies that'';
                    (B) in subparagraphs (A), (B), (C), (E), (F), (H), 
                (I), and (J) by striking ``evaluates'' and inserting 
                ``evaluate'';
                    (C) in subparagraphs (D) and (G) by striking 
                ``analyzes'' and inserting ``analyze'';
                    (D) by striking ``and'' at the end of subparagraph 
                (I);
                    (E) by striking the period at the end of 
                subparagraph (J) and inserting a semicolon;
                    (F) by adding at the end the following:
                    ``(K) identify ways to improve the integration of 
                the Great Lakes marine transportation system into the 
                national transportation system;
                    ``(L) examine the potential of expanded operations 
                on the Great Lakes marine transportation system;
                    ``(M) identify ways to include intelligent 
                transportation applications into the Great Lakes marine 
                transportation system;
                    ``(N) analyze the effects and impacts of aging 
                infrastructure and port corrosion on the Great Lakes 
                marine transportation system;
                    ``(O) establish and maintain a model Great Lakes 
                marine transportation system database; and
                    ``(P) identify market opportunities for, and 
                impediments to, the use of United States-flag vessels 
                in trade with Canada on the Great Lakes.''; and
            (2) by striking subsection (b)(4) and inserting the 
        following:
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out paragraph (1)--
                    ``(A) $2,100,000 for fiscal year 2007;
                    ``(B) $2,200,000 for fiscal year 2008;
                    ``(C) $2,300,000 for fiscal year 2009;
                    ``(D) $2,400,000 for fiscal year 2010; and
                    ``(E) $2,500,000 for fiscal year 2011.''.

SEC. 406. INSPECTION AND CERTIFICATION OF PERMANENTLY MOORED VESSELS.

    Any vessel which has a valid certificate of inspection in effect on 
the date of enactment of this Act and which is subsequently classified 
by the Coast Guard as a permanently moored vessel shall remain eligible 
for a certificate of inspection for an additional 5 years from the 
expiration date of the certificate of inspection in effect on the date 
of the reclassification.

SEC. 407. COMPETITIVE CONTRACTING FOR PATROL BOAT REPLACEMENT.

    The Coast Guard may only buy or operate a patrol boat replacement 
(fast response cutter) if the contract to build the cutter is awarded 
using a competitive contracting procedure among shipyards in the United 
States and the management of the competitive contracting procedure is 
done by the Coast Guard or the primary contractor for the Deepwater 
Program of the Coast Guard.

SEC. 408. PATROL BOAT REPORT.

    Not later than 90 days after the date of enactment of this Act the 
Secretary of the department in which the Coast Guard is operating shall 
submit to the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastructure of the 
House of Representatives a report how the Coast Guard plans to manage 
the annual readiness gap of lost time for 110-foot patrol boats from 
fiscal year 2007 through fiscal year 2013. The report shall include--
            (1) an identification of assets that may be used to 
        alleviate the annual readiness gap of lost time for such patrol 
        boats;
            (2) a projection of the remaining operational lifespan of 
        the 110-foot patrol boat fleet;
            (3) a description of how extending through fiscal year 2013 
        the transfer agreement between the Coast Guard and the United 
        States Navy for 5 Cyclone class 179-foot patrol coastal ships 
        would effect the annual readiness gap of lost time for 110-foot 
        patrol boats; and
            (4) an estimate of the cost to extend the operational 
        lifespan of the 110-foot patrol boat fleet for each of fiscal 
        years 2007 through 2013.

SEC. 409. ACTIONS TO ADDRESS SEXUAL HARASSMENT AND VIOLENCE AT COAST 
              GUARD ACADEMY.

    (a) Policy on Sexual Harassment.--
            (1) In general.--Under guidance prescribed by the Secretary 
        of the department in which the Coast Guard is operating, the 
        Commandant of the Coast Guard shall direct the Superintendent 
        of the Coast Guard Academy to prescribe a policy on sexual 
        harassment and violence applicable to the personnel of the 
        Coast Guard Academy.
            (2) Specified programs and procedures.--The policy on 
        sexual harassment and violence prescribed for the Academy under 
        paragraph (1) shall specify the following:
                    (A) Programs to promote awareness of the incidence 
                of rape, acquaintance rape, and other sexual offenses 
                of a criminal nature that involve academy personnel.
                    (B) Procedures that a cadet should follow in the 
                case of an occurrence of sexual harassment or violence, 
                including--
                            (i) a specification of the person or 
                        persons to whom the alleged offense should be 
                        reported;
                            (ii) a specification of any other person 
                        whom the victim should contact; and
                            (iii) procedures on the preservation of 
                        evidence potentially necessary for proof of 
                        criminal sexual assault.
                    (C) Procedures for disciplinary action in cases of 
                alleged criminal sexual assault involving academy 
                personnel.
                    (D) Any other sanction authorized to be imposed in 
                a substantiated case of harassment or violence 
                involving academy personnel in rape, acquaintance rape, 
                or any other criminal sexual offense, whether forcible 
                or nonforcible.
                    (E) Required training on the policy for all academy 
                personnel, including the specific training required for 
                personnel who process allegations of sexual harassment 
                or violence involving academy personnel.
            (3) Factors to consider.--In prescribing the policy on 
        sexual harassment and violence for the Academy under paragraph 
        (1), the Superintendent shall take into consideration--
                    (A) the findings, conclusions, and recommendations 
                of the panel established pursuant to title V of the 
                Emergency Wartime Supplemental Appropriations Act, 2003 
                (Public Law 108-11; 117 Stat. 609) to review sexual 
                misconduct allegations at the United States Air Force 
                Academy; and
                    (B) the findings, conclusions, and recommendations 
                of other previous reviews and investigations of sexual 
                harassment and violence conducted with respect to the 
                Coast Guard Academy and one or more of the United 
                States Military Academy, the United States Naval 
                Academy, or the United States Air Force Academy.
            (4) Deadline.--The policy required by paragraph (1) shall 
        be prescribed not later than June 1, 2007.
    (b) Annual Assessment.--
            (1) In general.--The Secretary shall direct the 
        Superintendent to conduct at the Coast Guard Academy an 
        assessment during the Academy's program year to determine the 
        effectiveness of the Academy's policies, training, and 
        procedures on sexual harassment and violence to prevent 
        criminal sexual harassment and violence involving academy 
        personnel.
            (2) Survey of personnel.--For the assessment for each 
        academy program year, the Superintendent shall conduct a survey 
        of all academy personnel--
                    (A) to measure--
                            (i) the incidence, during that program 
                        year, of sexual harassment and violence events, 
                        on or off the academy reservation, that have 
                        been reported to officials of the Academy; and
                            (ii) the incidence, in that program year, 
                        of sexual harassment and violence events, on or 
                        off the academy reservation, that have not been 
                        reported to officials of the Academy; and
                    (B) to assess the perceptions of academy personnel 
                on--
                            (i) the policies, training, and procedures 
                        on sexual harassment and violence involving 
                        academy personnel;
                            (ii) the enforcement of such policies;
                            (iii) the incidence of sexual harassment 
                        and violence involving academy personnel in 
                        such program year; and
                            (iv) any other issues relating to sexual 
                        harassment and violence involving academy 
                        personnel.
    (c) Annual Report.--
            (1) In general.--The Commandant shall direct the 
        Superintendent to submit to the Secretary a report on sexual 
        harassment and violence involving academy personnel for each 
        academy program year.
            (2) Specified matters to be covered.--The annual report for 
        the Academy under paragraph (1) shall contain, for the academy 
        program year covered by the report, the following matters:
                    (A) The number of sexual assaults, rapes, and other 
                sexual offenses involving academy personnel that have 
                been reported to academy officials during the program 
                year and the number of the reported cases that have 
                been substantiated.
                    (B) The policies, procedures, and processes 
                implemented by the Commandant and the leadership of the 
                Academy in response to sexual harassment and violence 
                involving academy personnel during the program year.
                    (C) In the report for the 2008 academy program 
                year, a discussion of the survey conducted under 
                subsection (b), together with an analysis of the 
                results of the survey and a discussion of any 
                initiatives undertaken on the basis of such results and 
                analysis.
                    (D) In the report for each of the subsequent 
                academy program years, the results of the annual survey 
                conducted in such program year under subsection (b).
                    (E) A plan for the actions that are to be taken in 
                the following academy program year regarding prevention 
                of and response to sexual harassment and violence 
                involving academy personnel.
            (3) Transmittal to secretary.--The Commandant shall 
        transmit the annual report on an academy under this subsection, 
        together with the Commandant's comments on the report, to the 
        Secretary and the Board of Visitors of the Academy.
            (4) Transmittal to congress.--The Secretary shall transmit 
        the annual report on the Academy under this subsection, 
        together with the Secretary's comments on the report to, the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives.
            (5) Deadline for 2008 report.--The report for the 2008 
        academy program year shall be submitted to the Commandant not 
        later than June 1, 2009.
            (6) Definition.--In this subsection, the term ``academy 
        program year'' with respect to a year, means the academy 
        program year that ends in that year.

SEC. 410. CRUISE SHIP DEMONSTRATION PROJECT.

    (a) In General.--The Commandant of the Coast Guard, in cooperation 
the regional trade association representing the major cruise lines that 
operate in the Alaska cruise trade, shall conduct a demonstration 
project on the methods and best practices of the use of smokestack 
scrubbers on cruise ships that operate in that region.
    (b) Agreement.--The Commandant of the Coast Guard may enter into an 
agreement with the regional trade association referred to in subsection 
(a), or one or more of its members, to assist in conducting the 
demonstration project under subsection (a).
    (c) Report.--Upon completion of the project described in subsection 
(a), the Commandant of the Coast Guard shall submit a report on the 
results of the project to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate.

SEC. 411. CREW WAGES ON PASSENGER VESSELS.

    (a) Foreign and Intercoastal Voyages.--
            (1) Cap on penalty wages.--Section 10313(g) of title 46, 
        United States Code, is amended--
                    (A) by striking ``When'' and inserting ``(1) 
                Subject to paragraph (2), when''; and
                    (B) by adding at the end the following:
    ``(2) The total amount required to be paid under paragraph (1) with 
respect to all claims in a class action suit by seamen on a passenger 
vessel capable of carrying more than 500 passengers for wages under 
this section against a vessel master, owner, or operator or the 
employer of the seamen shall not exceed ten times the unpaid wages that 
are the subject of the claims.
    ``(3) A class action suit for wages under this subsection must be 
commenced within three years after the later of--
            ``(A) the date of the end of the last voyage for which the 
        wages are claimed; or
            ``(B) the receipt, by a seaman who is a claimant in the 
        suit, of a payment of wages that are the subject of the suit 
        that is made in the ordinary course of employment.''.
            (2) Deposits.--Section 10315 of such title is amended by 
        adding at the end the following:
    ``(f) Deposits in Seaman Account.--A seaman employed on a passenger 
vessel capable of carrying more than 500 passengers may authorize, by 
written request signed by the seaman, the master, owner, or operator of 
the vessel, or the employer of the seaman, to make deposits of wages of 
the seaman into a checking, savings, investment, or retirement account, 
or other account to secure a payroll or debit card for the seaman if--
            ``(1) the wages designated by the seaman for such deposit 
        are deposited in a United States or international financial 
        institution designated by the seaman;
            ``(2) such deposits in the financial institution are fully 
        guaranteed under commonly accepted international standards by 
        the government of the country in which the financial 
        institution is licensed;
            ``(3) a written wage statement or pay stub, including an 
        accounting of any direct deposit, is delivered to the seaman no 
        less often than monthly; and
            ``(4) while on board the vessel on which the seaman is 
        employed, the seaman is able to arrange for withdrawal of all 
        funds on deposit in the account in which the wages are 
        deposited.''.
    (b) Coastwise Voyages.--
            (1) Cap on penalty wages.--Section 10504(c) of such title 
        is amended--
                    (A) by striking ``When'' and inserting ``(1) 
                Subject to subsection (d), and except as provided in 
                paragraph (2), when''; and
                    (B) by inserting at the end the following:
    ``(2) The total amount required to be paid under paragraph (1) with 
respect to all claims in a class action suit by seamen on a passenger 
vessel capable of carrying more than 500 passengers for wages under 
this section against a vessel master, owner, or operator or the 
employer of the seamen shall not exceed ten times the unpaid wages that 
are the subject of the claims.
    ``(3) A class action suit for wages under this subsection must be 
commenced within three years after the later of--
            ``(A) the date of the end of the last voyage for which the 
        wages are claimed; or
            ``(B) the receipt, by a seaman who is a claimant in the 
        suit, of a payment of wages that are the subject of the suit 
        that is made in the ordinary course of employment.''.
            (2) Deposits.--Section 10504 of such title is amended by 
        adding at the end the following:
    ``(f) Deposits in Seaman Account.--A seaman employed on a passenger 
vessel capable of carrying more than 500 passengers may authorize, by 
written request signed by the seaman, the master, owner, or operator of 
the vessel, or the employer of the seaman, to make deposits of wages of 
the seaman into a checking, savings, investment, or retirement account, 
or other account to secure a payroll or debit card for the seaman if--
            ``(1) the wages designated by the seaman for such deposit 
        are deposited in a United States or international financial 
        institution designated by the seaman;
            ``(2) such deposits in the financial institution are fully 
        guaranteed under commonly accepted international standards by 
        the government of the country in which the financial 
        institution is licensed;
            ``(3) a written wage statement or pay stub, including an 
        accounting of any direct deposit, is delivered to the seaman no 
        less often than monthly; and
            ``(4) while on board the vessel on which the seaman is 
        employed, the seaman is able to arrange for withdrawal of all 
        funds on deposit in the account in which the wages are 
        deposited.''.

SEC. 412. TECHNICAL CORRECTIONS.

    (a) Coast Guard and Maritime Transportation Act of 2006.--Effective 
with enactment of the Coast Guard and Maritime Transportation Act of 
2006 (Public Law 109-241), such Act is amended--
            (1) in section 311(b) (120 Stat. 530) by inserting 
        ``paragraphs (1) and (2) of'' before ``section 8104(o)'';
            (2) in section 603(a)(2) (120 Stat. 554) by striking ``33 
        U.S.C. 2794(a)(2)'' and inserting ``33 U.S.C. 2704(a)(2)'';
            (3) in section 901(r)(2) (120 Stat. 566) by striking 
        ``the'' the second place it appears;
            (4) in section 902(c) (120 Stat. 566) by inserting ``of the 
        United States'' after ``Revised Statutes'';
            (5) in section 902(e) (120 Stat. 567) is amended--
                    (A) by inserting ``and'' after the semicolon at the 
                end of paragraph (1);
                    (B) by striking ``and'' at the end of paragraph 
                (2)(A); and
                    (C) by redesignating paragraphs (3) and (4) as 
                subparagraphs (C) and (D) of paragraph (2), 
                respectively, and aligning the left margin of such 
                subparagraphs with the left margin of subparagraph (A) 
                of paragraph (2);
            (6) in section 902(e)(2)(C) (as so redesignated) by 
        striking ``this section'' and inserting ``this paragraph'';
            (7) in section 902(e)(2)(D) (as so redesignated) by 
        striking ``this section'' and inserting ``this paragraph'';
            (8) in section 902(h)(1) (120 Stat. 567)--
                    (A) by striking ``Bisti/De-Na-Zin'' and all that 
                follows through ``Protection'' and inserting ``Omnibus 
                Parks and Public Lands Management''; and
                    (B) by inserting a period after ``Commandant of the 
                Coast Guard'';
            (9) in section 902(k) (120 Stat. 568) is amended--
                    (A) by inserting ``the Act of March 23, 1906, 
                commonly known as'' before ``the General Bridge'';
                    (B) by striking ``491)'' and inserting ``494),''; 
                and
                    (C) by inserting ``each place it appears'' before 
                ``and inserting''; and
            (10) in section 902(o) (120 Stat. 569) by striking the 
        period after ``Homeland Security''.
    (b) Title 14.--(1) The analysis for chapter 7 of title 14, United 
States Code, is amended by adding a period at the end of the item 
relating to section 149.
    (2) The analysis for chapter 17 of title 14, United States Code, is 
amended by adding a period at the end of the item relating to section 
677.
    (3) The analysis for chapter 9 of title 14, United States Code, is 
amended by adding a period at the end of the item relating to section 
198.
    (c) Title 46.--(1) The analysis for chapter 81 of title 46, United 
States Code, is amended by adding a period at the end of the item 
relating to section 8106.
    (2) Section 70105(c)(3)(C) of such title is amended by striking 
``National Intelligence Director'' and inserting ``Director of National 
Intelligence''.
    (d) Deepwater Port Act of 1974.--Section 5(c)(2) of the Deepwater 
Port Act of 1974 (33 U.S.C. 1504(c)(2)) is amended by aligning the left 
margin of subparagraph (K) with the left margin of subparagraph (L).
    (e) Oil Pollution Act of 1990.--(1) Section 1104(a)(2) of the Oil 
Pollution Act of 1990 (33 U.S.C. 2794(a)(2)) is amended by striking the 
first comma following ``$800,000''.
    (2) The table of sections in section 2 of such Act is amended by 
inserting a period at the end of the item relating to section 7002.
    (f) Coast Guard Authorization Act of 1996.--The table of sections 
in section 2 of the Coast Guard Authorization Act of 1996 is amended in 
the item relating to section 103 by striking ``reports'' and inserting 
``report''.

                TITLE V--MARPOL ANNEX VI IMPLEMENTATION

SEC. 501. SHORT TITLE.

    This title may be cited as the ``MARPOL Annex VI Implementation Act 
of 2006''.

SEC. 502. REFERENCES.

    Wherever in this title an amendment or repeal is expressed in terms 
of an amendment to or a repeal of a section or other provision, the 
reference shall be considered to be made to a section or other 
provision of the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et 
seq.).

SEC. 503. DEFINITIONS.

    Section 2(a) (33 U.S.C. 1901(a)) is amended--
            (1) by redesignating the paragraphs (1) through (12) as 
        paragraphs (2) through (13), respectively;
            (2) by inserting before paragraph (2) (as so redesignated) 
        the following:
            ``(1) `Administrator' means the Administrator of the 
        Environmental Protection Agency.'';
            (3) in paragraph (5) (as so redesignated) by striking ``and 
        V'' and inserting ``V, and VI''; and
            (4) in paragraph (6) (as so redesignated) by striking 
        ```discharge' and `garbage' and `harmful substance' and 
        `incident''' and inserting ```discharge', `emission', 
        `garbage', `harmful substance', and `incident'''.

SEC. 504. APPLICABILITY.

    Section 3 (33 U.S.C. 1902) is amended--
            (1) in subsection (a)--
                    (A) by striking ``and'' at the end of paragraph 
                (3);
                    (B) by striking the period at the end of paragraph 
                (4) and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(5) with respect to Annex VI to the Convention, and to 
        the extent consistent with international law, to a ship (other 
        than a ship referred to in paragraph (1)), that--
                    ``(A) is in a port, shipyard, offshore terminal, or 
                the internal waters of the United States;
                    ``(B) is in the territorial sea of the United 
                States as defined in Presidential Proclamation 5928 of 
                December 27, 1988;
                    ``(C) is in an emission control area designated 
                pursuant to section 4; or
                    ``(D)(i) is bound for or departing a port, 
                shipyard, offshore terminal, or the internal waters of 
                the United States; and
                    ``(ii) is in any other area that the Administrator, 
                in consultation with the Secretary, has designated by 
                regulation and based on the best available scientific 
                data as being an area from which emissions from ships 
                are of concern with respect to protection of public 
                health, welfare, or the environment.'';
            (2) in subsection (b)(1) by inserting ``or (3)'' after 
        ``paragraph (2)'';
            (3) in subsection (b) by adding at the end the following:
    ``(3) With respect to Annex VI to the Convention, the head of a 
Federal department or agency may determine that some or all of the 
requirements under this Act shall apply to one or more classes of 
public vessels operated under the authority of such department or 
agency.''; and
            (4) in subsection (d)--
                    (A) by inserting ``, or the Administrator as 
                authorized by section 4,'' after ``Secretary'';
                    (B) by inserting ``(or an applicable Annex)'' after 
                ``MARPOL Protocol'' the first place it appears; and
                    (C) by inserting ``and Annex VI'' after ``Annex 
                V''.

SEC. 505. ADMINISTRATION AND ENFORCEMENT.

    Section 4(b) (33 U.S.C. 1903(b)) is amended--
            (1) by redesignating paragraph (2) as paragraph (4);
            (2) by inserting after paragraph (1) the following:
    ``(2) In prescribing regulations under this section to carry out 
the provisions of Annex VI to the Convention, the Secretary shall 
consult with the Administrator with respect to Regulations 12 and 16 of 
such Annex and with the Administrator and the Secretary of the Interior 
with respect to Regulation 19 of such Annex.
    ``(3) In addition to the authority the Secretary has to prescribe 
regulations under this section to carry out Annex VI to the Convention, 
the Administrator, in consultation with the Secretary, shall prescribe 
any necessary or desired regulations to carry out Regulations 13, 14, 
15, and 18 of such Annex.''; and
            (3) by adding at the end the following:
    ``(5) No standard issued by any person or Federal agency regarding 
emissions from tank vessels that are subject to Regulation 15 of Annex 
VI to the Convention shall be effective until six months after the date 
on which the Secretary submits a notification to the International 
Maritime Organization that such standard has been established.''.

SEC. 506. CERTIFICATES.

    Section 5 (33 U.S.C. 1904) is amended--
            (1) in subsection (a)--
                    (A) by striking ``The'' and inserting ``(1) Except 
                as provided in paragraph (2), the''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) The Administrator shall, and no other person may, issue an 
Engine International Air Pollution Prevention Certificate in accordance 
with Annex VI to the Convention and the International Maritime 
Organization's Technical Code on Control of Emissions of Nitrogen 
Oxides from Marine Diesel Engines, on behalf of the United States. The 
issuance of such certificates shall be consistent with any applicable 
requirements under the Clean Air Act (42 U.S.C. 7401 et seq.) and 
regulations promulgated thereunder.'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) A certificate issued by a country that is a party to the 
MARPOL Protocol has the same validity as a certificate issued by the 
Secretary under this Act or by the Administrator under subsection 
(a)(2).''; and
            (3) in subsection (e) by inserting ``or the public health 
        or welfare'' after ``marine environment''.

SEC. 507. RECEPTION FACILITIES.

    Section 6 (33 U.S.C. 1905) is amended--
            (1) in subsection (a) by adding at the end the following:
    ``(3) The Secretary, after consulting with appropriate Federal 
agencies, shall establish regulations to require that ports and 
terminals provide reception facilities for receiving ozone depleting 
substances, equipment containing such substances, and exhaust gas 
cleaning residues or ensure that such facilities are available. The 
regulations shall establish criteria for determining the adequacy of 
reception facilities for receiving such substances, equipment, or 
residues at a port or terminal and such additional measures and 
requirements as are appropriate to ensure such adequacy.
    ``(4) The Secretary may establish regulations to certify, and may 
issue certificates to the effect, that a port's or terminal's 
facilities for receiving such substances, equipment, and residues from 
ships are adequate.'';
            (2) in subsection (c)(2)(A) by inserting ``or (a)(3)'' 
        after ``subsection (a)(2)'';
            (3) by striking subsection (e)(2) and inserting the 
        following:
    ``(2) The Secretary may deny the entry of a ship to a port or 
terminal required by regulations issued under this section to provide 
adequate reception facilities for garbage, ozone depleting substances, 
equipment containing such substances, and exhaust gas cleaning residues 
if the port of terminal is not in compliance with such regulations.''; 
and
            (4) in subsection (f)(1) by striking ``MARPOL Protocol or 
        the Antarctic Protocol'' and inserting ``MARPOL Protocol, the 
        Antarctic Protocol, or this Act''.

SEC. 508. INSPECTIONS.

    Section 8(f) (33 U.S.C. 1907(f)) is amended to read as follows:
    ``(f)(1) The Secretary may inspect a ship to which this Act applies 
as provided under section 3(a)(5), to verify whether the ship is in 
compliance with Annex VI to the Convention and this Act.
    ``(2) If an inspection under this subsection or any other 
information indicates that a violation has occurred, the Secretary may 
undertake enforcement action under this section.''.

SEC. 509. AMENDMENTS TO THE PROTOCOL.

    Section 10(b) (33 U.S.C. 1909(b)) is amended by striking ``Annex I, 
II, or V'' and by inserting ``Annex I, II, V, or VI''.

SEC. 510. EFFECT ON OTHER LAWS.

    Section 15 (33 U.S.C. 1911) is amended to read as follows:

``SEC. 15. EFFECT ON OTHER LAWS.

    ``Authorities, requirements, and remedies of this Act supplement 
and neither amend nor repeal any other authorities, requirements, or 
remedies conferred by any other provision of law. Nothing in this Act 
shall limit, deny, amend, modify, or repeal any other authority, 
requirement, or remedy available to the United States or any other 
person, except as expressly provided in this Act.''.

SEC. 511. MARPOL TECHNICAL CORRECTIONS.

    Subsections (a), (b), and (d) of section 9 (33 U.S.C. 1908(a), (b), 
and (d)) are amended by striking the second comma after ``MARPOL 
Protocol'' each place it appears.

            Passed the House of Representatives September 28, 2006.

            Attest:

                                                                 Clerk.
109th CONGRESS

  2d Session

                               H. R. 5681

_______________________________________________________________________

                                 AN ACT

 To authorize appropriations for the Coast Guard for fiscal year 2007, 
                        and for other purposes.