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







                                                 Union Calendar No. 354
109th CONGRESS
  2d Session
                                H. R. 5681

                          [Report No. 109-614]

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 26, 2006

   Mr. Young of Alaska (for himself and Mr. LoBiondo) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

                             July 28, 2006

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on June 
                               26, 2006]

_______________________________________________________________________

                                 A BILL


 
 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. Repeal of termination date on Coast Guard housing 
                            authorities.
Sec. 206. Coast Guard participation in the Armed Forces Retirement Home 
                            (AFRH) system.
Sec. 207. Grants to international maritime organizations.
Sec. 208. Emergency leave retention authority.
Sec. 209. Enforcement authority.
Sec. 210. Notification.
Sec. 211. Repeal.
Sec. 212. 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.

                         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. REPEAL OF TERMINATION DATE ON COAST GUARD HOUSING 
              AUTHORITIES.

    Section 689 of title 14, United States Code, and the item relating 
to such section in the analysis for chapter 18 of such title, are 
repealed.

SEC. 206. 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. 207. 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. 208. 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. 209. 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. 210. 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. 211. 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. 212. 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 a semicolon; 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. 2681-625) and is eligible for a fishery endorsement 
        under section 12108 of this title; or''.
    (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.--Except as provided in paragraph (4), the 
        owner of a vessel eligible under subsection (a), (b), (c), (d), 
        or (e) may rebuild or replace that vessel. The rebuilt or 
        replacement vessel shall be eligible in the same manner under 
        such subsection as the eligible vessel, documented with a 
        fishery endorsement under section 12108 of title 46, United 
        States Code, and not be subject to any limitations on 
        lengthening vessels contained in section 679.4(k) of title 50, 
        Code of Federal Regulations, as in effect on the date of 
        enactment of the Coast Guard Authorization Act of 2006.
            ``(2) Recommendations of north pacific council.--The North 
        Pacific Council may recommend for approval by the Secretary 
        such conservation and management measures 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) 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).''.
            (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 average total 
                        pollock harvest for the vessel being removed 
                        for calendar years 1995, 1996, and 1997 and 
                        determined under the regulations in effect on 
                        the date of removal of the vessel; and
                            ``(ii) shall be assigned, for all purposes 
                        under this title, in the manner specified by 
                        the owner of the vessel being retired 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.--
                            ``(i) For fishery endorsement.--Except as 
                        provided in clause (ii), 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.
                            ``(ii) Limitation on statutory 
                        construction.--Nothing in this paragraph shall 
                        be construed to make a vessel removed from the 
                        directed pollock fishery not eligible for a 
                        fishery endorsement or any permit necessary to 
                        continue to participate in such fishery if that 
                        vessel has participated, as determined by the 
                        Secretary, during either 2002, 2003, or 2004 in 
                        a Federal fishery not under the authority of 
                        the North Pacific Council.''.
    (c) Vessel Safety Standards.--
            (1) Loadlines.--Section 5102(b)(3) of title 46, United 
        States Code, is amended to read as follows:
            ``(3) 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''.

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 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; and
                    (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.

    (a) Report.--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 number and location of 
vessels that would be identified as permanently moored vessels under 
the Coast Guard's notice of proposed policy entitled ``Coast Guard 
Inspection and Certification of Permanently Moored Vessels'', dated 
June 21, 2004, and printed in the Federal Register and the potential 
economic impacts of prohibiting the issuance of certificates of 
inspection for vessels under the proposed policy.
    (b) Sense of Congress.--It is the sense of Congress that the Coast 
Guard should develop and implement in a timely manner a policy 
regarding the inspection of permanently moored vessels that would not 
prohibit any vessel that is operating under a valid certificate of 
inspection on June 1, 2006, from being issued a certificate of 
inspection if such vessel maintains compliance with all applicable 
Coast Guard regulations.

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.
                                                 Union Calendar No. 354

109th CONGRESS

  2d Session

                               H. R. 5681

                          [Report No. 109-614]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             July 28, 2006

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed