[Congressional Record Volume 152, Number 124 (Thursday, September 28, 2006)]
[House]
[Pages H7877-H7886]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COAST GUARD AUTHORIZATION ACT OF 2006
Mr. LoBIONDO. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 5681) to authorize appropriations for the Coast Guard for
fiscal year 2007, and for other purposes, as amended.
The Clerk read as follows:
H.R. 5681
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.
[[Page H7878]]
(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)--
[[Page H7879]]
``(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
[[Page H7880]]
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.''.
[[Page H7881]]
(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.
[[Page H7882]]
(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.''.
[[Page H7883]]
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
[[Page H7884]]
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.
The SPEAKER pro tempore (Ms. Foxx). Pursuant to the rule, the
gentleman from New Jersey (Mr. LoBiondo) and the gentleman from
Minnesota (Mr. Oberstar) each will control 20 minutes.
The Chair recognizes the gentleman from New Jersey.
General Leave
Mr. LoBIONDO. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on H.R. 5681, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. LoBIONDO. Madam Speaker, I yield such time as he may consume to
the Chair of the full committee, the gentleman from Alaska (Mr. Young).
(Mr. YOUNG of Alaska asked and was given permission to revise and
extend his remarks.)
Mr. YOUNG of Alaska. Madam Speaker, I urge my colleagues to support
this legislation.
The Coast Guard has a great deal of authority, but they need the
money and they need further authorization to do the missions we have
charged them as the United States Congress. I hope and ask all of my
colleagues to see the movie ``The Guardian.'' It explains a great deal
what the Coast Guard does and why this bill should be supported.
I compliment Mr. LoBiondo, the chairman of the subcommittee, and
those who work on the minority side to make sure that this legislation
is good. This legislation is well-thought out, and as it is presented
tonight, I urge my colleagues to pass this legislation.
Mr. LoBIONDO. Madam Speaker, I yield myself such time as I may
consume.
The Coast Guard Authorization Act of 2006 authorizes nearly $9
billion in funding for the Coast Guard for fiscal year 2007. This
authorization includes funding to support each of the Coast Guard's
vitally important missions.
The men and women of the Coast Guard work hard to carry out the
service's missions. Each day, they protect the public and help to
ensure the safety and security of our great Nation. They are our
Nation's maritime first responders.
Consequently, this body must provide these men and women with the
assets and resources that they so desperately need. H.R. 5681 will
authorize the funding levels required to do just that. For example, the
bill authorizes over $1.7 billion for the Coast Guard's integrated
Deepwater System, the amount necessary to accelerate the replacement of
the Coast Guard's legacy assets from a 25- to 15-year schedule. As the
Coast Guard's legacy assets continue to rapidly deteriorate,
servicemembers work with the risk that the aircraft or boat they use
may fail to operate. This is totally unacceptable. Further, it puts the
safety and security of our citizens at risk. We must accelerate the
Deepwater Program and make replacement assets available as soon as
possible. I strongly urge my colleagues to support the funding levels
in this bill.
In addition, H.R. 5681 specifically provides that at least $629
million must be used for search and rescue and at least $502 million
must be used for marine safety. While homeland security missions
require more resources and personnel than ever, the Coast Guard's other
traditional missions are no less important than they have been in the
past. Therefore, the bill sets a floor for spending in these critical
areas.
The bill also requires the Coast Guard to report to Congress on how
they intend to deal with the nearly 20,000-hour annual readiness gap
that has developed in the 110-foot patrol boats. This is something that
is very disturbing and troubling and must be addressed.
Additionally, the bill includes a provision establishing a civil
penalty for individuals who possess personal use quantities of
narcotics at maritime facilities or on a vessel. Drug use on vessels
can have deadly consequences, and this provision will give the Coast
Guard another tool to help keep our waterways safe.
I thank Chairman Young and the ranking members, Mr. Oberstar and Mr.
Filner, for working with us so closely to develop this bill. I think it
takes a balanced approach to meet the Coast Guard's requirements.
Madam Speaker, I reserve the balance of my time.
Mr. OBERSTAR. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise in very strong support of the Coast Guard
Authorization Act of 2006. The bill provides authorization of $8
billion for Coast Guard programs for the coming fiscal year, 2007,
including $5.6 billion for Coast Guard operations; $2 billion for Coast
Guard acquisition and construction, of which amount $1.4 billion is for
the Integrated Deepwater System; $24 billion for research and
development; $1 billion for retired pay; $17 million for the Truman
Hobbs Bridge Alteration Program; and $12 million for environmental
compliance at Coast Guard facilities.
For the past 3 years, Chairman Young and the very dedicated
subcommittee chairman, the gentleman from New Jersey (Mr. LoBiondo),
and I and the gentleman from California (Mr. Filner) have been
concerned about the diversion of Coast Guard resources from their
historic missions, search and rescue, marine safety, being diverted to
homeland security missions.
Those are important, but no more important than those historic
missions of the Coast Guard about which we were concerned when the
Department of Homeland Security was created and the Coast Guard was
moved into it.
The maritime safety laws of this country were written in
understanding and appreciation of the peril which mariners face when
they get on a ship, go out to sea, whether on the saltwater or the
fourth coastline of this country, the Great Lakes.
Americans put their trust every day in the Coast Guard to regulate
safety on ferry boats and other types of vessels conveying passengers,
or on liquefied natural gas tankers that come into our ports. We have
to ensure that the Coast Guard will get their full funding needed to
carry out those responsibilities. So in this legislation for the first
time we set a floor on the amount of funding available for Coast Guard
search and rescue and maritime safety programs.
We restore the funding for those programs that was cut in the
President's proposed budget. We also restore funding for the Truman
Hobbs Bridge Alteration Program to remove bridges that are obstructions
to navigation.
We ensure funding for the Coast Guard's research and development
program will go directly to the Coast Guard and will not be filtered
through the Department of Homeland Security. As I warned when we
brought that homeland security bill to the House floor that you put the
Coast Guard in there, those dollars will be siphoned off to other
functions within homeland security. Now we found a way to protect that
that will not happen; the money will go directly to the Coast Guard.
[[Page H7885]]
In addition, we make a number of changes that will help the men and
women of the Coast Guard of whom Chairman LoBiondo and Chairman Young
and I and others have so frequently spoken with great admiration for
their service.
First, we help pay for Coast Guard travel expenses for medical costs,
if they are assigned to an isolated place that has no public access
roads to the mainland, for example, allowing Coast Guard enlisted
personnel to participate in the Armed Forces Retirement Home System;
requiring that newly built fishing vessels built as replacement vessels
under the American Fisheries Act be classed by the American Bureau of
Shipping and have loadlines assigned if they are over 79 feet in
length; and increasing the civil penalties for vessels that violate the
anchorage regulations.
We also require that each facility security plan provide a method for
seamen and representatives of seamen's welfare and labor organizations
be able to board and depart the vessel through the facility in a timely
fashion at no cost to the individual.
Those are just some of the highlights of this very, very important,
comprehensive bill. It achieves that extraordinary goal that we on this
committee in a bipartisan manner have had of setting a floor on the
Coast Guard funding for search and rescue and for maritime safety
programs.
This is a great accomplishment. We ought to pass this bill.
Mr. FLAKE. Madam Speaker, will the gentleman yield?
Mr. OBERSTAR. I yield to the gentleman from Arizona.
Mr. FLAKE. We passed recently the earmark reform rule that applies
simply to House rules. I had a concern that it might not apply to
suspension bills, bills which are brought under suspension of the rules
which would include suspending the earmark rule that we adopted.
I find in the report specific language referring to the Great Lakes
Maritime Research Institute and specific moneys that are allocated in
2007, 2008, 2009 and 2010. That would seem to fit the definition of an
earmark for the purposes of the rule that we passed, and the rule that
we passed requires that a Member who requested that earmark identify
their names with that earmark.
I would ask the gentleman if that is the earmark you requested?
Mr. OBERSTAR. I appreciate the gentleman's concern. He has been a
vigorous advocate for openness about designation and earmarking in
appropriation bills and has been vigorous in his pursuit in that
objective.
I would point out, this is not an earmark for a project. For example,
when the Food and Drug Administration was established, it was
established to be located at the place of the designation of the
Secretary of Health and Human Services. Similarly with the National
Institutes of Health. The legislation didn't say that they should be in
Maryland; they just happened to be located in Maryland.
This is not a project that fits a particular Member's district. This
is an institute that was authorized in the Coast Guard bill of 2004
that became Public Law in August of that year with this language: ``The
Secretary of Transportation may designate a National Maritime
Enhancement Institute for the Great Lakes region.''
It didn't say where. It didn't direct the Secretary to put it in any
Members' district, just the Great Lakes.
I know the gentleman represents a water-challenged State. We have
one-fifth of all of the fresh water on the face of the Earth in the
five Great Lakes that cover eight States and two provinces of Canada.
The purpose of this institute is to develop marketing opportunities,
shipping opportunities, and to look at the corrosive effects of water
that are happening in the Great Lakes on our port facilities. Steel
suddenly in the last 5 years has begun to corrode. Something is
happening in those waters. It was our purpose, the Great Lakes States
members, to create an institute that would bring together a wide range
of academic and Federal Government agencies. I will just list for the
gentleman, the Coast Guard, the Lake Carriers Association, Association
of Great Lakes Port Authorities, U.S. Maritime Administration, Army
Corps of Engineers, Great Lakes Commission, St. Lawrence Seaway
Development Corporation, Society of Naval Architects and Marine
Engineers, and various universities are all participants in this Great
Lakes Maritime Institute.
What we do in this bill is continue the authorization for this
program with specific dollar amounts, but we do not designate where it
shall be located.
Mr. FLAKE. If the gentleman would continue to yield, I am reading now
from I believe it is a press release of December 2005.
{time} 2245
``Congressman David Obey, D-Wisconsin, announced December 12 that the
Great Lakes Maritime Institute, the joint effort of the University of
Wisconsin-Superior and the University of Minnesota-Duluth, will receive
$2 million in Federal funding.'' I believe that that is now the
identified home of the Institute and, therefore, receiving money year
after year would, I believe, be defined as an earmark for that purpose.
Mr. OBERSTAR. Madam Speaker, the gentleman refers to a press release.
We don't legislate by press releases here.
Secondly, that statement was issued after the Secretary made a
designation. After the Secretary made a designation. And participating
in the Institute are the University of Toledo; the University of
Wisconsin at Madison; the Great Lakes Maritime Academy, which is in
Michigan; the University of Michigan; Michigan Tech University; and
University of Minnesota-Duluth. This is a consortium of universities.
But the legislation didn't designate where it should be located. That
designation was left to the Secretary.
Mr. FLAKE. I thank the gentleman. We do not legislate by press
release. Unfortunately, for those of us who are trying to bring some
accountability or transparency, sometimes the only way we can find out
who requested an earmark or specific funding is to go to press releases
because the agency won't tell us and the committees won't tell us.
Mr. OBERSTAR. Reclaiming my time, I just want to say that the law
directed the Secretary of Transportation to designate. The press
release didn't. The legislation didn't. Appropriations didn't. If you
are looking for transparency, it is very transparent what we have here
in this bill. Additional years of authorization, the specific dollar
amounts in an authorization, not an appropriation bill and not directed
to a specific place.
Mr. FLAKE. I thank the gentleman. My concern is that when we did the
earmark reform rule we didn't specifically cover suspension bills, and
we want to make sure that all avenues are covered, whether it is
authorizing on suspension bills or whatever else we do. So I appreciate
the gentleman's explaining this particular source of funding and how it
is arrived at.
The chairman of the Rules Committee said during the debate on that
earmark rule, he said, ``By adopting this new rule, we as a body are
not only making the commitment to live under its provision, but every
Member must make a commitment to adhere to the spirit of this new rule.
It is more than just adding a new rule. It is making a commitment to
change the culture of the institution.''
And what I want to make sure is that under rules of suspension that
we don't bring to the floor any earmarks that have not been identified
according to the rule.
Mr. OBERSTAR. Madam Speaker, I thank the gentleman's integrity and
his pursuit of a personal and institutional objective. However, this is
not an earmark for a project. It is not a designation of a specific
venue for an activity. It is an authorization for the Department to
make a decision which was done pursuant to the 2004 law, and in this
legislation we simply extend what is already in existence as designated
by the Secretary.
Now, we are very careful in this committee. I will not stand for, in
any aviation authorization bill, any specific designations or earmarks.
People always want to have an air traffic control tower or center or
something else designated in that bill. We keep it out. And we do not
have any of those designations in this bill for specific districts for
specific Members.
Mr. FLAKE. Madam Speaker, I thank the gentleman. I also thank the
leadership for their continued commitment
[[Page H7886]]
to work and to ensure that suspension bills are covered under the new
earmark rule.
Mr. OBERSTAR. Madam Speaker, that is an issue the gentleman I suggest
should take up with his leadership. I do not have much of a say in that
matter
Madam Speaker, I reserve the balance of my time.
Mr. LoBIONDO. Madam Speaker, I yield 2 minutes to Congresswoman Kelly
from New York.
Mrs. KELLY. Madam Speaker, I rise today in support of the Coast Guard
reauthorization. I am pleased to see that the section that Mr. Barrow
of Georgia and I authored in a bipartisan fashion is included in the
measure before us.
Our provision would clarify the role of the Coast Guard in protecting
our Nation's nuclear power plants along navigable waterways. This
language will allow the Coast Guard to work with the Nuclear Regulatory
Commission to better safeguard nuclear facilities like the Indian Point
facility along the Hudson River in my district and provide vessels and
weaponry capable of thwarting waterborne attacks.
I want to thank Chairman Young and Coast Guard Subcommittee Chairman
LoBiondo for their great work in support of the U.S. Coast Guard and
for working so cooperatively with Congressman Barrow and me to have
this provision included. This provision will go a long way towards
protecting a segment of our Nation's energy infrastructure that still
remains vulnerable of attack.
Mr. OBERSTAR. Madam Speaker, I think we have essentially resolved the
issue of the gentleman from Arizona.
Madam Speaker, I have no further requests for time, and I yield back
the balance of my time.
Mr. LoBIONDO. Madam Speaker, I yield myself such time as I may
consume.
I would like to thank all my colleagues again, thank Mr. Young, Mr.
Oberstar, and Mr. Filner on the subcommittee for working so closely for
such an excellent product.
I would like to remind all of the Members of the sacrifices that the
men and women of the Coast Guard make every day on our behalf. Unsung
heroes, underrecognized, underappreciated men and women who are putting
their lives on the line for our country with extraordinary dedication.
This bill will help give them the tools and the equipment necessary for
them to carry out their jobs.
It is, I guess, somewhat fitting that within a very short period of
time all of America will have an opportunity to have a much better
understanding of what the Coast Guard does because of a film that is
being released, I believe, tomorrow, that will paint an extraordinary
picture, realistic picture, of Coast Guard rescue swimmers and the
danger that the men and women put themselves in every day on our
behalf.
So I once again would urge all of my colleagues to please vote
``yes.'
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. LoBiondo) that the House suspend the
rules and pass the bill, H.R. 5681, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________