[Congressional Record (Bound Edition), Volume 152 (2006), Part 15]
[House]
[Pages 20623-20633]
[From the U.S. 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.

[[Page 20624]]

Sec. 205. Coast Guard participation in the Armed Forces Retirement Home 
              (AFRH) system.
Sec. 206. Grants to international maritime organizations.
Sec. 207. Emergency leave retention authority.
Sec. 208. Enforcement authority.
Sec. 209. Notification.
Sec. 210. Repeal.
Sec. 211. Maritime safety for nuclear power facilities located adjacent 
              to navigable waters.

                   TITLE III--SHIPPING AND NAVIGATION

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

                   TITLE IV--MISCELLANEOUS PROVISIONS

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

                TITLE V--MARPOL ANNEX VI IMPLEMENTATION

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

                         TITLE I--AUTHORIZATION

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

                         TITLE II--COAST GUARD

     SEC. 201. APPOINTMENT OF CIVILIAN COAST GUARD JUDGES.

       (a) In General.--Chapter 7 of title 14, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 153. Appointment of judges

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

``153. Appointment of judges.''.

     SEC. 202. INDUSTRIAL ACTIVITIES.

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

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

       (a) In General.--Chapter 13 of title 14, United States 
     Code, is amended by adding at the end the following:

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

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

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

     SEC. 204. COMMISSIONED OFFICERS.

       (a) Active Duty Promotion List.--Section 42 of title 14, 
     United States Code, is amended to read as follows:

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

       ``(a) Maximum Total Number.--The total number of Coast 
     Guard commissioned officers on the active duty promotion 
     list, excluding warrant officers, shall not exceed 6,700; 
     except that the Commandant may temporarily increase such 
     number by up to 2 percent for no more than 60 days following 
     the date of the commissioning of a Coast Guard Academy class.
       ``(b) Distribution Percentages by Grade.--
       ``(1) Required.--The total number of commissioned officers 
     authorized by this section shall be distributed in grade in 
     the following percentages: 0.375 percent for rear admiral; 
     0.375 percent for rear admiral (lower half); 6.0 percent for 
     captain; 15.0 percent for commander; and 22.0 percent for 
     lieutenant commander.
       ``(2) Discretionary.--The Secretary shall prescribe the 
     percentages applicable to the grades of lieutenant, 
     lieutenant (junior grade), and ensign.
       ``(3) Authority of secretary to reduce percentage.--The 
     Secretary--
       ``(A) may reduce, as the needs of the Coast Guard require, 
     any of the percentages set forth in paragraph (1); and

[[Page 20625]]

       ``(B) shall apply that total percentage reduction to any 
     other lower grade or combination of lower grades.
       ``(c) Computations.--
       ``(1) In general.--The Secretary shall compute, at least 
     once each year, the total number of commissioned officers 
     authorized to serve in each grade by applying the grade 
     distribution percentages established by or under this section 
     to the total number of commissioned officers listed on the 
     current active duty promotion list.
       ``(2) Rounding fractions.--Subject to subsection (a), in 
     making the computations under paragraph (1), any fraction 
     shall be rounded to the nearest whole number.
       ``(3) Treatment of officers serving outside coast guard.--
     The number of commissioned officers on the active duty 
     promotion list serving with other Federal departments or 
     agencies on a reimbursable basis or excluded under section 
     324(d) of title 49 shall not be counted against the total 
     number of commissioned officers authorized to serve in each 
     grade.
       ``(d) Use of Numbers; Temporary Increases.--The numbers 
     resulting from computations under subsection (c) shall be, 
     for all purposes, the authorized number in each grade; except 
     that the authorized number for a grade is temporarily 
     increased during the period between one computation and the 
     next by the number of officers originally appointed in that 
     grade during that period and the number of officers of that 
     grade for whom vacancies exist in the next higher grade but 
     whose promotion has been delayed for any reason.
       ``(e) Officers Serving Coast Guard Academy and Reserve.--
     The number of officers authorized to be serving on active 
     duty in each grade of the permanent commissioned teaching 
     staff of the Coast Guard Academy and of the Reserve serving 
     in connection with organizing, administering, recruiting, 
     instructing, or training the reserve components shall be 
     prescribed by the Secretary.''.
       (b) Clerical Amendment.--The analysis for chapter 3 of such 
     title is amended by striking the item relating to section 42 
     and inserting the following:

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

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

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

     SEC. 206. GRANTS TO INTERNATIONAL MARITIME ORGANIZATIONS.

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

     SEC. 207. EMERGENCY LEAVE RETENTION AUTHORITY.

       (a) In General.--Chapter 11 of title 14, United States 
     Code, is amended by inserting after section 425 the 
     following:

     ``Sec. 426. Emergency leave retention authority

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

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

     SEC. 208. ENFORCEMENT AUTHORITY.

       (a) In General.--Chapter 5 of title 14, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 99. Enforcement authority

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

``99. Enforcement authority.''.

     SEC. 209. NOTIFICATION.

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

     SEC. 210. REPEAL.

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

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

       (a) Responsibility.--Section 2 of title 14, United States 
     Code, is amended by inserting before ``and shall maintain a 
     state of readiness'' the following: ``shall administer laws 
     and promulgate and enforce regulations to assure the maritime 
     safety of nuclear power facilities located adjacent to 
     navigable waters of the United States not specifically 
     delegated by law to some other executive department;''.
       (b) Cooperation With NRC.--Chapter 7 of such title is 
     amended by inserting after section 147a the following:

     ``Sec. 147b. Nuclear regulatory commission

       ``(a) In General.--The Commandant may enter into an 
     agreement with the Chairman of the Nuclear Regulatory 
     Commission to enhance the maritime safety of the navigable 
     waters of the United States that are located adjacent to a 
     nuclear power plant. Such agreement shall provide for--
       ``(1) the exchange of certain information with the Chairman 
     relating to the maritime safety of a nuclear power plant 
     located adjacent to the navigable waters of the United 
     States;
       ``(2) the assignment of officers of the Coast Guard to 
     serve as liaisons to the Nuclear Regulatory Commission; and
       ``(3) the provisions of equipment and support to, or accept 
     the same from, the Nuclear Regulatory Commission.
       ``(b) Payment or Reimbursement.--With regard to any 
     agreement entered into under subsection (a), the Commandant 
     may prescribe conditions, including advance payment or 
     reimbursement, under which such resources may be provided.''.
       (c) Clerical Amendment.--The analysis for chapter 7 of such 
     title is amended by adding at the end the following:

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

                   TITLE III--SHIPPING AND NAVIGATION

     SEC. 301. VESSEL SIZE LIMITS.

       (a) Length, Tonnage, and Horsepower.--Section 12102 (c)(5) 
     of title 46, United States Code, is amended--
       (1) by inserting ``and'' after the semicolon at the end of 
     subparagraph (A)(i);
       (2) by striking ``and'' at the end of subparagraph (A)(ii);
       (3) by striking subparagraph (A)(iii);
       (4) by striking the period at the end of subparagraph (B) 
     and inserting ``; or''; and
       (5) by inserting at the end the following:
       ``(C) the vessel is either a rebuilt vessel or a 
     replacement vessel under section 208(g) of the American 
     Fisheries Act (title II of division C of Public Law 105-277; 
     112 Stat. 2681-627) and is eligible for a fishery endorsement 
     under section 12108 of this title.''.
       (b) Conforming Amendments.--
       (1) Vessel rebuilding and replacement.--Section 208(g) of 
     the American Fisheries Act (title II of division C of Public 
     Law 105-277; 112 Stat. 2681-627) is amended to read as 
     follows:
       ``(g) Vessel Rebuilding and Replacement.--
       ``(1) In general.--
       ``(A) Rebuild or replace.--Notwithstanding any limitation 
     to the contrary on replacing, rebuilding, or lengthening 
     vessels or transferring permits or licenses to a replacement 
     vessel contained in sections 679.2 and 679.4 of title 50, 
     Code of Federal Regulations, as in effect on the date of 
     enactment of the Coast Guard Authorization Act of 2006

[[Page 20626]]

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

[[Page 20627]]

     under paragraph (1) shall pay a fee of 5.0 percent of the ex-
     vessel value of the crab harvested pursuant to those shares 
     to any local governmental entities in the Northern Region, 
     that would otherwise have received tax revenues from local 
     raw fish taxes had the exchange authorized by paragraph (1) 
     not occurred.
       (B) State fee.--The State of Alaska may collect from the 
     holder of the newly created catcher/processor owner quota 
     shares under paragraph (1) a fee of 1.0 percent of the ex-
     vessel value of the crab harvested pursuant to those shares.
       (3) Landing requirement.--Crab harvested pursuant to 
     catcher/processor owner quota shares created under this 
     subsection shall be landed in those communities receiving the 
     local governmental entities fee revenue set forth in 
     paragraph (2)(A).
       (4) Periodic council review.--As part of its periodic 
     review of the Plan referred to in paragraph (1), the North 
     Pacific Fishery Management Council may review the effect, if 
     any, of this subsection upon communities in the Northern 
     Region. If the Council determines that this section adversely 
     affects the communities, the Council may recommend to the 
     Secretary of Commerce, and the Secretary may approve, such 
     changes to the Plan as are necessary to mitigate those 
     adverse effects.
       (5) Limitation on applications.--Paragraph (1) shall apply 
     only with respect to entities that--
       (A) were initially awarded catcher/processor owner quota 
     shares under the Plan; and
       (B) either were initially awarded processor quota shares 
     under the Plan or received such shares under section 417(a) 
     of the Coast Guard and Maritime Transportation Act of 2006 
     (Public Law 109-241; 120 Stat. 546).

     SEC. 302. GOODS AND SERVICES.

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

     SEC. 303. MARITIME ACTIVITIES.

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

     SEC. 304. SEAWARD EXTENSION OF ANCHORAGE GROUNDS 
                   JURISDICTION.

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

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

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

     ``SEC. 1905. SIMPLE POSSESSION.

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

     SEC. 306. TECHNICAL AMENDMENTS TO TONNAGE MEASUREMENT LAW.

       (a) Application.--Section 14301(b)(3) of title 46, United 
     States Code, is amended by inserting ``of United States or 
     Canadian registry'' after ``vessel''.
       (b) Measurement.--Section 14302(b) of such title is amended 
     to read as follows:
       ``(b) Measurement.--A vessel measured under this chapter 
     may not be required to be measured under any other law.''.
       (c) Reciprocity for Foreign Vessels.--Subchapter II of 
     chapter 145 of such title is amended by adding at the end the 
     following:

     ``Sec. 14514. Reciprocity for foreign vessels

       ``For a foreign vessel not measured under chapter 143, if 
     the Secretary finds that the laws and regulations of a 
     foreign country related to measurement of vessels are 
     substantially similar to those of this chapter and the 
     regulations prescribed under this chapter, the Secretary may 
     accept the measurement and certificate of a vessel of that 
     foreign country as complying with this chapter and the 
     regulations prescribed under this chapter.''.
       (d) Dual Tonnage Measurement.--Section 14513(c) of such 
     title is amended--
       (1) in paragraph (1)--
       (A) by striking ``vessel's tonnage mark is below the 
     uppermost part of the load line marks,'' and inserting 
     ``vessel is assigned 2 sets of gross and net tonnages under 
     this section,''; and
       (B) by striking ``the mark'' and inserting ``the vessel's 
     tonnage mark''; and
       (2) in paragraph (2) by striking the period at the end and 
     inserting ``as assigned under this section.''.
       (e) Clerical Amendment.--The analysis for subchapter II of 
     chapter 145 of such title is amended by adding at the end the 
     following:

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

     SEC. 307. SEAMEN'S SHORESIDE ACCESS.

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

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

       (a) In General.--Subchapter I of chapter 313 of title 46, 
     United States Code, is amended by adding at the end the 
     following:

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

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

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

     SEC. 309. EXTENSION OF EXEMPTION.

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

     SEC. 310. DOCUMENTATION OF CERTAIN FISHING VESSELS.

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

                   TITLE IV--MISCELLANEOUS PROVISIONS

     SEC. 401. SECURE COMMUNICATIONS PROGRAM.

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

     SEC. 402. CERTIFICATE OF DOCUMENTATION FOR GALLANT LADY.

       Section 1120(c) of the Coast Guard Authorization Act of 
     1996 (110 Stat. 3977) is amended--
       (1) in paragraph (1)--
       (A) by striking ``of Transportation'' and inserting ``of 
     the department in which the Coast Guard is operating''; and
       (B) by striking subparagraph (A) and inserting the 
     following:

[[Page 20628]]

       ``(A) the vessel GALLANT LADY (Feadship hull number 672, 
     approximately 168 feet in length).'';
       (2) by striking paragraphs (3) and (4) and redesignating 
     paragraph (5) as paragraph (3); and
       (3) in paragraph (3) (as so redesignated) by striking all 
     after ``shall expire'' and inserting ``on the date of the 
     sale of the vessel by the owner.''.

     SEC. 403. WAIVER.

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

     SEC. 404. DATA.

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

     SEC. 405. GREAT LAKES MARITIME RESEARCH INSTITUTE.

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

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

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

     SEC. 407. COMPETITIVE CONTRACTING FOR PATROL BOAT 
                   REPLACEMENT.

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

     SEC. 408. PATROL BOAT REPORT.

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

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

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

[[Page 20629]]

       (B) The policies, procedures, and processes implemented by 
     the Commandant and the leadership of the Academy in response 
     to sexual harassment and violence involving academy personnel 
     during the program year.
       (C) In the report for the 2008 academy program year, a 
     discussion of the survey conducted under subsection (b), 
     together with an analysis of the results of the survey and a 
     discussion of any initiatives undertaken on the basis of such 
     results and analysis.
       (D) In the report for each of the subsequent academy 
     program years, the results of the annual survey conducted in 
     such program year under subsection (b).
       (E) A plan for the actions that are to be taken in the 
     following academy program year regarding prevention of and 
     response to sexual harassment and violence involving academy 
     personnel.
       (3) Transmittal to secretary.--The Commandant shall 
     transmit the annual report on an academy under this 
     subsection, together with the Commandant's comments on the 
     report, to the Secretary and the Board of Visitors of the 
     Academy.
       (4) Transmittal to congress.--The Secretary shall transmit 
     the annual report on the Academy under this subsection, 
     together with the Secretary's comments on the report to, the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives.
       (5) Deadline for 2008 report.--The report for the 2008 
     academy program year shall be submitted to the Commandant not 
     later than June 1, 2009.
       (6) Definition.--In this subsection, the term ``academy 
     program year'' with respect to a year, means the academy 
     program year that ends in that year.

     SEC. 410. CRUISE SHIP DEMONSTRATION PROJECT.

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

     SEC. 411. CREW WAGES ON PASSENGER VESSELS.

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

     SEC. 412. TECHNICAL CORRECTIONS.

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

[[Page 20630]]

     left margin of subparagraph (K) with the left margin of 
     subparagraph (L).
       (e) Oil Pollution Act of 1990.--(1) Section 1104(a)(2) of 
     the Oil Pollution Act of 1990 (33 U.S.C. 2794(a)(2)) is 
     amended by striking the first comma following ``$800,000''.
       (2) The table of sections in section 2 of such Act is 
     amended by inserting a period at the end of the item relating 
     to section 7002.
       (f) Coast Guard Authorization Act of 1996.--The table of 
     sections in section 2 of the Coast Guard Authorization Act of 
     1996 is amended in the item relating to section 103 by 
     striking ``reports'' and inserting ``report''.

                TITLE V--MARPOL ANNEX VI IMPLEMENTATION

     SEC. 501. SHORT TITLE.

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

     SEC. 502. REFERENCES.

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

     SEC. 503. DEFINITIONS.

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

     SEC. 504. APPLICABILITY.

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

     SEC. 505. ADMINISTRATION AND ENFORCEMENT.

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

     SEC. 506. CERTIFICATES.

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

     SEC. 507. RECEPTION FACILITIES.

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

     SEC. 508. INSPECTIONS.

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

     SEC. 509. AMENDMENTS TO THE PROTOCOL.

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

     SEC. 510. EFFECT ON OTHER LAWS.

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

     ``SEC. 15. EFFECT ON OTHER LAWS.

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

     SEC. 511. MARPOL TECHNICAL CORRECTIONS.

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

  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.

[[Page 20631]]

  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. 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.
  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.

[[Page 20632]]

  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 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.

[[Page 20633]]

  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.'
  Mr. YOUNG of Alaska. Madam Speaker, I insert an exchange of letters 
between Don Young and Richard Pombo for the Record.
                                         House of Representatives,


                                       Committee on Resources,

                               Washington, DC, September 28, 2006.
     Hon. Don Young,
     Chairman, Committee on Transportation and Infrastructure, 
         Washington, DC.
       Dear Mr. Chairman: I have reviewed the text of H.R. 5681, 
     the Coast Guard Authorization Act of 2006, and believe that 
     the Committee on Resources has a jurisdictional interest in 
     provisions in this important legislation dealing with 
     fisheries. Specifically, we have identified a provision 
     dealing with the Bering Sea and Aleutian Islands crab fishery 
     in the Northern Region of the management plan.
       Recognizing that the House of Representatives has a 
     dwindling number of legislative days left before the 109th 
     Congress adjourns, I will forego seeking a sequential 
     referral of H.R. 5681. Waiving the Committee on Resources' 
     right to a referral in this case does not waive the 
     Committee's jurisdiction over any provision in H.R. 5861 or 
     similar provisions in other bills. In addition, I ask that 
     you support my request to have the Committee on Resources 
     represented on the conference on this bill, if a conference 
     is necessary. Finally, I ask that you include this letter in 
     the Congressional Record during debate on H.R. 5861 when it 
     is considered by the House of Representatives.
       I appreciate your leadership on this bill and I look 
     forward to working with you on H.R. 586.
           Sincerely,
                                                 Richard W. Pombo,
                                                         Chairman.
                                  ____
                                  
         House of Representatives, Committee on Transportation and 
           Infrastructure,
                               Washington, DC, September 27, 2006.
     Hon. Richard W. Pombo,
     Chairman, Committee on Resources,
     Washington, DC.
       Dear Chairman Pombo: Thank you for your letter expressing 
     the jurisdictional interest of the Committee on Resources in 
     H.R. 5681, the Coast Guard Authorization Act of 2006. The 
     Committee on Resources has a recognized claim to jurisdiction 
     over the conversion to catcher processor provision that is 
     included in this bill as proposed to be considered under 
     suspension. I appreciate your agreement to allow this measure 
     to proceed under suspension and to waive further 
     consideration.
       I understand that your agreement to allow this bill to 
     proceed under suspension is conditioned upon our mutual 
     understanding that nothing in this legislation, or your 
     decision to waive further consideration, reduces or otherwise 
     affects the jurisdiction of the Committee on Resources over 
     provisions of the bill that are in your jurisdiction. I also 
     understand that this waiver does not affect the right of the 
     Committee on Resources to have its members named as conferees 
     in the event of a conference with the Senate on this bill.
       I greatly appreciate your cooperation in allowing the 
     conversion to catcher processor shares provision to move on 
     H.R. 5681. This issue impacts only fisheries in Alaska.
           Sincerely,
                                                        Don Young,
                                                         Chairman.
  Mr. LoBIONDO. 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.

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