[House Report 109-614]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-614

======================================================================



 
                 COAST GUARD AUTHORIZATION ACT OF 2006

                                _______
                                

 July 28, 2006.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

     Mr. Young of Alaska, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                        [To accompany H.R. 5681]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 5681) to authorize appropriations 
for the Coast Guard for fiscal year 2007, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

  The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.

                         TITLE I--AUTHORIZATION

Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.

                         TITLE II--COAST GUARD

Sec. 201. Appointment of civilian Coast Guard judges.
Sec. 202. Industrial activities.
Sec. 203. Reimbursement for medical-related travel expenses.
Sec. 204. Commissioned officers.
Sec. 205. Repeal of termination date on Coast Guard housing 
authorities.
Sec. 206. Coast Guard participation in the Armed Forces Retirement Home 
(AFRH) system.
Sec. 207. Grants to international maritime organizations.
Sec. 208. Emergency leave retention authority.
Sec. 209. Enforcement authority.
Sec. 210. Notification.
Sec. 211. Repeal.
Sec. 212. Maritime safety for nuclear power facilities located adjacent 
to navigable waters.

                   TITLE III--SHIPPING AND NAVIGATION

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

                   TITLE IV--MISCELLANEOUS PROVISIONS

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

                         TITLE I--AUTHORIZATION

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

                         TITLE II--COAST GUARD

SEC. 201. APPOINTMENT OF CIVILIAN COAST GUARD JUDGES.

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

``Sec. 153. Appointment of judges

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

``153. Appointment of judges.''.

SEC. 202. INDUSTRIAL ACTIVITIES.

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

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

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

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

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

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

SEC. 204. COMMISSIONED OFFICERS.

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

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

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

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

SEC. 205. REPEAL OF TERMINATION DATE ON COAST GUARD HOUSING 
                    AUTHORITIES.

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

SEC. 206. COAST GUARD PARTICIPATION IN THE ARMED FORCES RETIREMENT HOME 
                    (AFRH) SYSTEM.

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

SEC. 207. GRANTS TO INTERNATIONAL MARITIME ORGANIZATIONS.

  Section 149 of title 14, United States Code, is amended--
          (1) by inserting ``(a) In General.--'' after ``The 
        President'' 307.; and
          (2) by adding at the end the following:
  ``(b) Grants to International Maritime Organizations.--After 
consultation with the Secretary of State, the Commandant may make 
grants to, or enter into cooperative agreements, contracts, or other 
agreements with, international maritime organizations for the purpose 
of acquiring information or data about merchant vessel inspections, 
security, safety, classification, and port state or flag state law 
enforcement or oversight.''.

SEC. 208. EMERGENCY LEAVE RETENTION AUTHORITY.

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

``Sec. 426. Emergency leave retention authority

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

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

SEC. 209. ENFORCEMENT AUTHORITY.

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

``Sec. 99. Enforcement authority

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

``99. Enforcement authority.''.

SEC. 210. NOTIFICATION.

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

SEC. 211. REPEAL.

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

SEC. 212. MARITIME SAFETY FOR NUCLEAR POWER FACILITIES LOCATED ADJACENT 
                    TO NAVIGABLE WATERS.

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

``Sec. 147b. Nuclear regulatory commission

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

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

                   TITLE III--SHIPPING AND NAVIGATION

SEC. 301. VESSEL SIZE LIMITS.

  (a) Length, Tonnage, and Horsepower.--Section 12102(c)(5) of title 
46, United States Code, is amended--
          (1) by inserting ``and'' after the semicolon at the end of 
        subparagraph (A)(i);
          (2) by striking ``and'' at the end of subparagraph (A)(ii);
          (3) by striking subparagraph (A)(iii);
          (4) by striking the period at the end of subparagraph (B) and 
        inserting a semicolon; and
          (5) by inserting at the end the following:
          ``(C) the vessel is either a rebuilt vessel or a replacement 
        vessel under section 208(g) of the American Fisheries Act 
        (title II of division C of Public Law 105-277; 112 Stat. 2681-
        625) and is eligible for a fishery endorsement under section 
        12108 of this title; or''.
  (b) Conforming Amendments.--
          (1) Vessel rebuilding and replacement.--Section 208(g) of the 
        American Fisheries Act (title II of division C of Public Law 
        105-277; 112 Stat. 2681-627) is amended to read as follows:
  ``(g) Vessel Rebuilding and Replacement.--
          ``(1) In general.--Except as provided in paragraph (4), the 
        owner of a vessel eligible under subsection (a), (b), (c), (d), 
        or (e) may rebuild or replace that vessel. The rebuilt or 
        replacement vessel shall be eligible in the same manner under 
        such subsection as the eligible vessel, documented with a 
        fishery endorsement under section 12108 of title 46, United 
        States Code, and not be subject to any limitations on 
        lengthening vessels contained in section 679.4(k) of title 50, 
        Code of Federal Regulations, as in effect on the date of 
        enactment of the Coast Guard Authorization Act of 2006.
          ``(2) Recommendations of north pacific council.--The North 
        Pacific Council may recommend for approval by the Secretary 
        such conservation and management measures in accordance with 
        the Magnuson-Stevens Act as it considers necessary to ensure 
        that this subsection does not diminish the effectiveness of 
        fishery management plans of the Bering Sea and Aleutian Islands 
        Management Area or the Gulf of Alaska.
          ``(3) Special rule for replacement of certain vessels.--
                  ``(A) In general.--Notwithstanding the requirements 
                of paragraphs (1), (2), and (3) of section 12102(c) of 
                title 46, United States Code, a vessel that is eligible 
                under subsection (a), (b), (c), (d), or (e) and that 
                qualifies to be documented with a fishery endorsement 
                pursuant to section 203(g) or 213(g) may be replaced 
                with a replacement vessel under paragraph (1) if the 
                vessel that is replaced is validly documented with a 
                fishery endorsement pursuant to section 203(g) or 
                213(g) before the replacement vessel is documented with 
                a fishery endorsement under section 12108 of title 46, 
                United States Code.
                  ``(B) Applicability.--A replacement vessel under 
                subparagraph (A) and its owner and mortgagee are 
                subject to the same limitations under section 203(g) or 
                213(g) that are applicable to the vessel that has been 
                replaced and its owner and mortgagee.
          ``(4) Special rules for certain catcher vessels.--
                  ``(A) In general.--A replacement for a covered vessel 
                described in subparagraph (B) is prohibited from 
                harvesting fish in any fishery (except for the Pacific 
                whiting fishery) managed under the authority of any 
                regional fishery management council (other than the 
                North Pacific Council) established under section 302(a) 
                of the Magnuson-Stevens Act.
                  ``(B) Covered vessels.--A covered vessel referred to 
                in subparagraph (A) is--
                          ``(i) a vessel eligible under subsection (a), 
                        (b), or (c) that is replaced under paragraph 
                        (1); or
                          ``(ii) a vessel eligible under subsection 
                        (a), (b), or (c) that is rebuilt to increase 
                        its registered length, gross tonnage, or shaft 
                        horsepower.
          ``(5) Limitation on fishery endorsements.--Any vessel that is 
        replaced under this subsection shall thereafter not be eligible 
        for a fishery endorsement under section 12108 of title 46, 
        United States Code, unless that vessel is also a replacement 
        vessel described in paragraph (1).''.
          (2) Exemption of certain vessels.--Section 203(g) of the 
        American Fisheries Act (title II of division C of Public Law 
        105-277; 112 Stat. 2681-620) is amended--
                  (A) by inserting ``and'' after ``(United States 
                official number 651041)'';
                  (B) by striking ``, NORTHERN TRAVELER (United States 
                official number 635986), and NORTHERN VOYAGER (United 
                States official number 637398) (or a replacement vessel 
                for the NORTHERN VOYAGER that complies with paragraphs 
                (2), (5), and (6) of section 208(g) of this Act)''; and
                  (C) by striking ``, in the case of the NORTHERN'' and 
                all that follows through ``PHOENIX,''.
          (3) Fishery cooperative exit provisions.--Section 210(b) of 
        the American Fisheries Act (title II of division C of Public 
        Law 105-277; 112 Stat. 2681-629) is amended--
                  (A) by moving the matter beginning with ``the 
                Secretary shall'' in paragraph (1) 2 ems to the right;
                  (B) by adding at the end the following:
          ``(7) Fishery cooperative exit provisions.--
                  ``(A) Fishing allowance determination.--For purposes 
                of determining the aggregate percentage of directed 
                fishing allowances under paragraph (1), when a catcher 
                vessel is removed from the directed pollock fishery, 
                the fishery allowance for pollock for the vessel being 
                removed--
                          ``(i) shall be based on the average total 
                        pollock harvest for the vessel being removed 
                        for calendar years 1995, 1996, and 1997 and 
                        determined under the regulations in effect on 
                        the date of removal of the vessel; and
                          ``(ii) shall be assigned, for all purposes 
                        under this title, in the manner specified by 
                        the owner of the vessel being retired to any 
                        other catcher vessel or among other catcher 
                        vessels participating in the fishery 
                        cooperative if such vessel or vessels remain in 
                        the fishery cooperative for at least one year 
                        after the date on which the vessel being 
                        removed leaves the directed pollock fishery.
                  ``(B) Eligibility.--
                          ``(i) For fishery endorsement.--Except as 
                        provided in clause (ii), a vessel that is 
                        removed pursuant to this paragraph shall be 
                        permanently ineligible for a fishery 
                        endorsement, and any claim (including relating 
                        to catch history) associated with such vessel 
                        that could qualify any owner of such vessel for 
                        any permit to participate in any fishery within 
                        the exclusive economic zone of the United 
                        States shall be extinguished, unless such 
                        removed vessel is thereafter designated to 
                        replace a vessel to be removed pursuant to this 
                        paragraph.
                          ``(ii) Limitation on statutory 
                        construction.--Nothing in this paragraph shall 
                        be construed to make a vessel removed from the 
                        directed pollock fishery not eligible for a 
                        fishery endorsement or any permit necessary to 
                        continue to participate in such fishery if that 
                        vessel has participated, as determined by the 
                        Secretary, during either 2002, 2003, or 2004 in 
                        a Federal fishery not under the authority of 
                        the North Pacific Council.''.
  (c) Vessel Safety Standards.--
          (1) Loadlines.--Section 5102(b)(3) of title 46, United States 
        Code, is amended to read as follows:
          ``(3) a fishing vessel unless the vessel is--
                  ``(A) a rebuilt vessel under section 208(g) of the 
                American Fisheries Act (title II of division C of 
                Public Law 105-277; 112 Stat. 2681-627); or
                  ``(B) a replacement vessel under such section and the 
                replacement vessel did not harvest fish under section 
                208(a), 208(b), 208(c), or 208(e) of that Act before 
                June 1, 2006.''.
          (2) Classing.--Section 4503 of title 46, United States Code, 
        is amended--
                  (A) in subsection (a) by inserting after ``A'' the 
                following: ``fishing or'';
                  (B) by adding at the end the following:
  ``(c) Applicability to Fishing Vessels.--This section applies to a 
fishing vessel to which this chapter applies that is--
          ``(1) a rebuilt vessel under section 208(g) of the American 
        Fisheries Act (title II of division C of Public Law 105-277; 
        112 Stat. 2681-627); or
          ``(2) a replacement vessel under such section and the 
        replacement vessel did not harvest fish under section 208(a), 
        208(b), 208(c), or 208(e) of that Act before June 1, 2006.''; 
        and
                  (C) in the heading for such section by striking 
                ``Fish'' and inserting ``Fishing and fish''.

SEC. 302. GOODS AND SERVICES.

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

SEC. 303. MARITIME ACTIVITIES.

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

SEC. 304. SEAWARD EXTENSION OF ANCHORAGE GROUNDS JURISDICTION.

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

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

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

``SEC. 1905. SIMPLE POSSESSION.

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

SEC. 306. TECHNICAL AMENDMENTS TO TONNAGE MEASUREMENT LAW.

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

``Sec. 14514. Reciprocity for foreign vessels

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

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

SEC. 307. SEAMEN'S SHORESIDE ACCESS.

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

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

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

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

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

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

SEC. 309. EXTENSION OF EXEMPTION.

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

SEC. 310. DOCUMENTATION OF CERTAIN FISHING VESSELS.

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

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. SECURE COMMUNICATIONS PROGRAM.

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

SEC. 402. CERTIFICATE OF DOCUMENTATION FOR GALLANT LADY.

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

SEC. 403. WAIVER.

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

SEC. 404. DATA.

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

SEC. 405. GREAT LAKES MARITIME RESEARCH INSTITUTE.

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

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

  (a) Report.--Not later than 30 days after the date of enactment of 
this Act, the Commandant of the Coast Guard shall prepare and submit to 
the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the number and location of 
vessels that would be identified as permanently moored vessels under 
the Coast Guard's notice of proposed policy entitled ``Coast Guard 
Inspection and Certification of Permanently Moored Vessels'', dated 
June 21, 2004, and printed in the Federal Register and the potential 
economic impacts of prohibiting the issuance of certificates of 
inspection for vessels under the proposed policy.
  (b) Sense of Congress.--It is the sense of Congress that the Coast 
Guard should develop and implement in a timely manner a policy 
regarding the inspection of permanently moored vessels that would not 
prohibit any vessel that is operating under a valid certificate of 
inspection on June 1, 2006, from being issued a certificate of 
inspection if such vessel maintains compliance with all applicable 
Coast Guard regulations.

SEC. 407. COMPETITIVE CONTRACTING FOR PATROL BOAT REPLACEMENT.

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

SEC. 408. PATROL BOAT REPORT.

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

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

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

SEC. 410. CRUISE SHIP DEMONSTRATION PROJECT.

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

                       Purpose of the Legislation

    H.R. 5681, the Coast Guard Authorization Act of 2006, 
authorizes approximately $9 billion in funding for the Coast 
Guard in fiscal year 2007 and makes changes to current law 
regarding the Coast Guard and maritime transportation.

                Background and Need for the Legislation

    The United States Coast Guard was established on January 
28, 1915, through the consolidation of the Revenue Cutter 
Service (established in 1790) and the Lifesaving Service 
(established in 1848). The Coast Guard later assumed the duties 
of three other agencies: the Lighthouse Service (established in 
1789), the Steamboat Inspection Service (established in 1838), 
and the Bureau of Navigation (established in 1884).
    Under section 2 of title 14, United States Code, the Coast 
Guard has primary responsibility to enforce or assist in the 
enforcement of all applicable Federal laws on, under, and over 
the high seas and waters subject to the jurisdiction of the 
United States; to ensure safety of life and property at sea; to 
protect the marine environment; to carry out domestic and 
international icebreaking activities; and to ensure the safety 
and security of vessels, ports, waterways, and related 
facilities.
    As the fifth armed force of the United States, the Coast 
Guard also maintains defense readiness to operate as a 
specialized service in the Navy upon the declaration of war or 
when the President directs. The Coast Guard is composed of 
approximately 40,000 active duty military personnel, 8,100 
reservists, 6,700 civilian employees, and 36,000 volunteers of 
the Coast Guard Auxiliary. The Coast Guard has defended the 
Nation in every war since 1790.
    In recent years, the Coast Guard has experienced 
significant increases in its budget and in the Service's scope 
of missions to preserve maritime safety and security. Following 
the events of September 11th, the Coast Guard has been 
designated as the lead Federal agency with responsibilities for 
maritime homeland security. The Coast Guard has quickly 
incorporated these new missions with the Service's many 
traditional missions of search and rescue, illegal drug and 
migrant interdiction, icebreaking operations, oil spill 
response and prevention, maritime safety, marine environmental 
protection, and fisheries law enforcement. However, the 
addition of these new mission demands in combination with the 
Service's rapidly deteriorating fleet of vessels and aircraft 
is severely testing the Coast Guard's capabilities to carry out 
its many important missions.
    The Coast Guard has embarked on an ambitious 
recapitalization program to replace the Service's legacy fleet 
of vessels, aircraft and support systems. The Integrated 
Deepwater Systems program (Deepwater) will replace or modernize 
more than 90 ships and 200 aircraft used in the Coast Guard's 
deepwater missions, which generally occur more than 50 miles 
offshore. The Coast Guard submitted a revised Deepwater 
implementation plan in response to a Congressional mandate. The 
re-baselined plan includes modifications to the original asset 
mixture and schedule that was developed well before September 
11th and the Coast Guard's increased emphasis on homeland 
security missions.
    Under the revised implementation plan, the Deepwater 
program is scheduled to be completed on a 25-year schedule and 
is projected to cost approximately $24 billion (in 2002 
dollars). This figure is an increase over the original 
Deepwater timeline and the increase in projected years to 
completion is of particular concern to the Committee on 
Transportation and Infrastructure. The Committee is extremely 
concerned with recent difficulties in the replacement of the 
110-foot patrol boat class, as well as the strategy that the 
Coast Guard will employ to sustain these legacy assets until 
delivery of a replacement. Accordingly, the Committee reported 
bill would authorize an increased funding level in an effort to 
accelerate the program to 15 years. Deepwater will provide new, 
more capable vessels, aircraft and support systems that are 
necessary to support increased Coast Guard mission 
responsibilities in a post-9/11 environment. The Committee will 
continue to support efforts to acquire these assets as soon as 
possible.
    The Committee will also continue to oversee the Coast Guard 
to ensure that the Service is achieving a balance between its 
traditional and homeland security missions. Despite the 
particular attention placed on the Coast Guard's homeland 
security related missions in recent years, the Service performs 
a much broader range of missions to protect lives and property 
at sea. It is imperative that the Service's non-homeland 
security functions remain priorities for the Coast Guard. The 
strength of America's commerce relies on waterborne trade, and 
the Coast Guard protects that trade not only from terrorism, 
but also from other threats. As a result of concerns that the 
service will not have the funding it needs for traditional 
missions, the Committee has placed a ``floor'' on funding that 
will be used for marine safety programs and search and rescue.
    The Committee continues to oppose the Administration's 
request to transfer a portion of the Coast Guard's Research, 
Development, Training and Evaluation (``RDT&E'') funds from the 
Coast Guard budget to the Science and Technology Directorate of 
the Department of Homeland Security. The Administration 
proposed to fund the Coast Guard's Research and Development 
Center and the Service's non-homeland security research 
projects within the Service's budget; however, the funding for 
the Coast Guard's homeland security research programs has again 
been transferred to the Science and Technology Directorate with 
the Department of Homeland Security. Under Section 888 of the 
Homeland Security Act, the Coast Guard is to remain intact with 
all authorities, functions, and capabilities remaining under 
the authority of the Service. The Administration's proposal to 
remove RDT&E from the Coast Guard's control would violate 
Section 888. The Committee will continue to take steps to 
maintain the integrity of the Coast Guard as an independent 
entity within the Department.
    The Committee is also concerned by the Coast Guard's lack 
of research and development programs to enhance the service's 
capabilities to carry its traditional missions. The Coast 
Guard's non-homeland security research and development budget 
has consistently decreased over the last five-year period; 
however the need to improve the Coast Guard's search and 
rescue, oil spill response and prevention, drug interdiction 
and maritime domain awareness missions has not decreased. The 
Administration has requested only $900,000 for non-homeland 
security research and development programs for fiscal year 
2007. The Committee recommends that the Coast Guard continue to 
carry out a robust research and development program to support 
each of its many missions and to continue to develop new 
technologies and procedures to ensure the security and safety 
of lives and property at sea.
    The Committee believes that the U.S. Coast Guard Command 
Center objectives of Information Management, Situational 
Awareness, and Command and Control must be well executed at all 
times. The committee urges the Coast Guard to ensure that the 
best information is available for its Command Centers to 
support decision-making. The use of best practices should be 
exploited to the fullest through the establishment of Centers 
of Excellence. A Center of Excellence would provide a place 
where crisis components, and supporting processes and systems, 
could be tested, implemented and monitored prior to use in the 
maritime domain. It would also enable the Coast Guard to 
achieve improvements in operational effectiveness and readiness 
by analyzing the results of simulation and determining 
appropriate standards that maximize effectiveness and minimize 
risk. These standards could then be implemented in all Sector, 
District, and Area Command Centers. The Center of Excellence 
could further serve as a facility to support rigorous training 
standards that can be modeled in a no-impact environment and 
later replicated in actual units.

                       Summary of the Legislation


Section 1. Short title

    Section 1 states that the legislation may be referred to as 
the ``Coast Guard Authorization Act of 2006''.

                         TITLE I--AUTHORIZATION

    Title I authorizes funding levels and end-of-year military 
strength levels and military training student loads for fiscal 
year 2007.

Section 101. Authorization of appropriations

    Section 101 authorizes approximately $9 billion in funding 
for the necessary expenses of the Coast Guard in fiscal year 
2007. Paragraph (1) of this section authorizes a funding level 
of $5,680,000,000 for the Coast Guard's Operating Expenses 
Account including an amount of $39 million to establish a 
second Helicopter Interdiction Tactical Squadron (HITRON) on 
the west coast. Currently, the Coast Guard operates one HITRON 
squadron out of Jacksonville, Florida. The Coast Guard's HITRON 
squadron carries out illegal drug interdiction missions in 
concert with Coast Guard vessels in the Caribbean Sea and in 
the Eastern Pacific Ocean. HITRON helicopters enhance the 
capabilities of Coast Guard cutters and associated small boats 
to pursue and apprehend ``go-fast'' vessels that attempt to 
smuggle illicit drugs into the United States. The Coast Guard 
has estimated that as of June 26, 2006, the HITRON squadron has 
interdicted 102 Go-Fast boats laden with 132.25 tons of 
Cocaine, 7.37 tons of Marijuana and 33 pounds of Heroin worth 
$8.5 billion.
    Section 101 also establishes a minimum amount of money that 
the Coast Guard must spend on two important non-homeland 
security missions. This section requires $629 million to be 
spent on search and rescue programs and $502 million for marine 
safety programs. This restores the funding for these programs 
to their FY06 appropriated levels. The Committee believes it is 
important that these non-homeland security missions be 
adequately funded and that funding for these programs not be 
diverted to homeland security missions except in the case of an 
imminent or actual terrorist attack. The Committee also 
understands that search and rescue funds will be available for 
terrorist SAR activities.
    Section 101(2) authorizes $2,095,861,000 for the Coast 
Guard's Acquisitions, Construction and Improvements Account 
including approximately $1.7 billion for the Integrated 
Deepwater Systems program (Deepwater). Of the funding 
authorized for Deepwater in fiscal year 2007, H.R. 5681 
authorizes an amount of $1,419,223,000 for the acquisition and 
construction of new vessels, aircraft, facilities, and support 
systems and an amount of $316,638,000 for the sustainment of 
the Coast Guard's legacy vessels and aircraft. The Committee 
recommends that the Coast Guard examine ways to decrease the 
costs of maintaining and sustaining the Service's legacy 
assets, particularly the fleet of 110-foot cutters and the HH-
65 helicopters. The Committee also recommends that the Coast 
Guard investigate ways to acquire new assets in an expedited 
manner to replace the Service's deteriorating legacy assets. 
Without such expedited acquisition, the cost of maintaining 
legacy assets will continue to escalate at the expense of 
modernization efforts.
    Section 101(3) authorizes an amount of $24 million for the 
Coast Guard's program to research and develop technologies, 
measures, and procedures to enhance the Coast Guard's 
capabilities to carry out all of the Service's many missions. 
The Committee strongly believes that this funding should remain 
under the Coast Guard's direct control and that no portion of 
this funding should not be transferred to any other entity 
within the Department of Homeland Security, as the President 
has again proposed. The Coast Guard's unique character as a 
military service with a wide scope of regulatory functions 
requires that this funding be available to support missions 
including defense readiness, search and rescue, marine 
environmental protection, providing aids to navigation and 
protecting America's maritime homeland security.
    Section 101(5) authorizes an amount of $17,000,000 for the 
Federal share of costs associated with alteration or removal of 
bridges that have been identified by the Coast Guard as 
obstructions to navigation.
    Section 101 also authorizes $12 million for environmental 
compliance and restoration at Coast Guard facilities and $124 
million for the Coast Guard Reserve program. Lastly, this 
section authorizes $1,063,323,000 for retired pay, a mandatory 
expenditure.

Section 102. Authorized levels of military strength and training

    Section 102 authorizes a Coast Guard end-of-year strength 
of 45,500 active duty military personnel for fiscal year 2007. 
This level maintains the personnel level that was authorized at 
the end of fiscal year 2006. The section also authorizes 
average military training student loads for fiscal year 2007 at 
the same level as was authorized in fiscal year 2006.

                         TITLE II--COAST GUARD

    Title II amends Title 14, the title of the United States 
Code that authorizes activities and functions of the Coast 
Guard.

Section 201. Appointment of civilian Coast Guard judges

    Section 201 amends chapter 7 of title 14, United States 
Code, to authorize the Coast Guard to appoint civilian judges 
to the Coast Guard Appellate Court, which hears appeals from 
courts-martial, as vacancies occur. Civilian judges were 
previously permitted to be appointed to this court by the 
Secretary of Transportation, and this provision would provide 
the Secretary of Homeland Security with the same statutory 
authority.

Section 202. Industrial activities

    Section 202 authorizes appropriations to remain available 
for payment beyond the year in which they are appropriated for 
work performed by the Coast Guard for Department of Defense 
military departments. Currently, the Economy Act (31 U.S.C. 
1535) requires transferred budget authority to be de-obligated 
and returned to the requesting agency if obligations have not 
been incurred before the end of the period of availability. 
This section will prevent the loss of multi-year Department of 
Defense work.

Section 203. Reimbursement for certain medical-related travel expenses

    Section 203 authorizes reimbursement of travel-related 
expenses to Coast Guard personnel who are stationed on an 
island in the continental United States when a family member is 
referred to a specialty care provider off-island that is less 
than 100 miles from the primary care provider. Currently, there 
is only authorization for the reimbursement when the specialty 
care provider is more than 100 miles away. Their families do 
not have the option of driving off-island and, as a result, 
often have to pay expensive flight costs. Personnel stationed 
outside the continental United States already have authority 
for this reimbursement.

Section 204. Commissioned officers

    Section 204 will make permanent the temporary increase in 
the Coast Guard's allowable number of officers from 6,200 to 
6,700, that was authorized for 2004-2006. This increase was 
previously granted as a result of the service's increased 
homeland security role following 9/11.

Section 205. Repeal of termination date on housing authorities

    Section 205 will make permanent existing Coast Guard 
housing authorities that encourage private sector participation 
in the acquisition or construction of Coast Guard housing. The 
authorities are scheduled to expire on October 1, 2007. In 
2004, Congress made permanent the similar authorities from the 
Department of Defense, and this section would do the same for 
the Coast Guard. The Committee recommends that the Coast Guard 
enhance its use of these authorities to improve and expand 
housing availability for Coast Guardsmen and their families 
near Coast Guard installations.
    Section 206. Coast Guard participation in the Armed Forces 
Retirement Home System.
    Section 206 authorizes Coast Guard veterans to have the 
same access to the Armed Forces Retirement Home system as 
retirees from the other military services.
    Section 207. Grants to international maritime 
organizations.
    Section 207 amends Section 149 of title 14, United States 
Code, to authorize the Coast Guard to provide funds to 
international maritime authorities and organizations that 
collect and maintain international databases. In exchange, the 
Coast Guard would have access to information on foreign vessels 
and ports regarding their global safety and security compliance 
history; the additional information would allow the Coast Guard 
to make more accurate threat assessments. The Committee urges 
the Coast Guard to utilize this authority to support the rapid 
development of international standards and procedures necessary 
to implement a long-range vessel tracking system domestically 
and internationally.

Section 208. Emergency leave retention authority

    Section 208 provides that any Coast Guard personnel who 
work in support of a declaration of a major disaster or 
emergency by the President shall retain up to a total of 90 
days of accrued leave. Currently, personnel can only retain up 
to 60 days of accrued leave if not used by the end of the 
fiscal year.

Section 209. Enforcement authority

    Section 209 makes a technical correction to transfer 
language regarding the Coast Guard's law enforcement 
authorities at onshore facilities to title 14, United States 
Code. The provision also removes a limitation upon Coast Guard 
personnel that had only permitted the service to make arrests 
if a crime actually occurs in their presence.

Section 210. Notification

    Section 210 requires the Coast Guard to provide at least a 
180-day notice to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate prior to moving the Coast Guard band from its current 
station at the Coast Guard Academy. The Committee strongly 
supports the collocation of the band with the Academy and 
discourages any attempt to relocate the band to the Coast Guard 
Headquarters.

Section 211. Repeal

    Section 211 repeals section 216 of title 14, United States 
Code, which concerns the rank of the individual that serves as 
the Director of the Coast Guard's Boating Safety Office.

Section 212. Maritime safety for nuclear power facilities located 
        adjacent to navigable waters

    Section 212 amends section 2 of title 14, United States 
Code, to direct the Coast Guard to enforce regulations ensuring 
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. It also authorizes the Commandant of the Coast 
Guard to enter into an agreement with the Chairman of the 
Nuclear Regulatory Commission to enhance the maritime safety of 
navigable waters of the United States located adjacent to a 
nuclear power plant.

                   TITLE III--SHIPPING AND NAVIGATION

    Title III amends statutes relating to shipping and 
navigation in U.S. waters.

Section 301. Vessel size limits

    Section 301 allows fishing vessels in the rationalized 
Bering Sea/Aleutian Islands pollock fishery to be documented 
with a fishery endorsement if the vessel is a rebuilt or a 
replacement vessel of a vessel that is authorized to hold a 
Federal fishery permit under the American Fisheries Act, 
notwithstanding current limits on length, tonnage, and 
horsepower. This section does not alter the fishery quotas 
established through the Federal fisheries management process.

Section 302. Goods and services

    Section 302 clarifies that non-Federal sales taxes on goods 
and services may be levied upon or collected from vessels when 
the vessel is operating on any navigable water subject to the 
authority of the United States.

Section 303. Maritime activities

    Section 303 requires the Commandant of the Coast Guard to 
provide 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 under the Oil Pollution Act of 1990.

Section 304. Seaward extension of anchorage grounds jurisdiction

    Section 304 extends the Coast Guard's authority to 
establish anchorage grounds for vessels from 3 nautical miles 
to 12 nautical miles and also increases the civil penalty fines 
imposed for a violation of rules concerning the anchorage 
grounds from $100 to up to $10,000, with each day of a 
continuing violation constituting a separate violation. The 
amount of the penalty was last adjusted in 1915.

Section 305. Maritime Drug Law Enforcement Act amendment--simple 
        possession

    Section 305 establishes a civil penalty offense for simple 
possession of a controlled substance on a vessel subject to the 
jurisdiction of the United States or at a facility defined 
under section 70101 of title 46. The civil penalty shall be up 
to $10,000 for each violation.

Section 306. Technical amendments to tonnage measurement law

    Section 306 makes technical amendments to laws regarding 
the tonnage measurement of vessels.

Section 307. Seamen's shoreside access

    Section 307 prohibits certain facilities from charging fees 
to seamen who depart or board vessels through a facility. This 
provision will prevent facilities from charging seamen fees as 
a way to discourage their disembarking so that the facility 
would not have to provide an escort while the seaman traverses 
the property (as is required under regulations implementing the 
Maritime Transportation Security Act of 2002).

Section 308. Limitation of maritime liens on fishing permits

    Section 308 prevents a maritime lien from attaching to a 
federal or state fishing permit. Under current law, a maritime 
lien attaches to a vessel and its ``appurtenances''. This 
provision will have the effect of clarifying that fishing 
permits are not an ``appurtenance'' to the vessel.

Section 309. Extension of exemption

    Section 309 extends the deadline from 2008 to 2018 for 
passenger vessels of the United States operating only within 
the Boundary Line to meet certain standards. It retains the 
requirements on the owners and operators of these vessels 
mandatory for eligibility for the temporary exemption.

Section 310. Documentation of certain fishing vessels

    Section 310 requires the Coast Guard to receive a 
certification from the Secretary of Commerce that a processor 
vessel that accepts fish over the side in the Atlantic mackerel 
fishery is in compliance with certain requirements in place for 
other vessels in the fishery before that vessel is issued a 
certificate of documentation with a fishery endorsement. 
Currently, these vessels are exempted from regulations that 
would require the vessel to meet landing fees, fishery observer 
and recordkeeping and reporting requirements. This provision 
would enhance the Federal Government's capabilities to manage 
the Atlantic mackerel fishery and enforce existing regulations 
in place for that fishery. It will level the playing field by 
requiring processor and catcher-processor vessels in the 
Atlantic mackerel fishery to comply with the same requirements.

                   TITLE IV--MISCELLANEOUS PROVISIONS

Section 401. Secure communications program

    Section 401 authorizes $3,000,000 to the Commandant to 
improve boarding team communications via a cryptographic mesh 
overlay protocol. Such improvements are needed to address 
communications failures and challenges caused when current 
equipment does not work effectively within the hull of a vessel 
during boarding operations.

Section 402. Certificate of documentation for GALLANT LADY

    Section 402 authorizes the Secretary of the department in 
which the Coast Guard is operating to issue a certificate of 
documentation with a limited coastwise endorsement for the 
limited purpose of allowing a vessel to host charity events in 
which the vessel's owner receives no compensation.

Section 403. Waiver

    Section 403 authorizes a temporary coastwise endorsement 
for a certain vessel to undertake a one-time voyage that must 
be complete by December 31, 2006.

Section 404. Data

    Section 404 authorizes $7 million in each of fiscal years 
2007 and 2008 to be appropriated to the Administrator of the 
National Oceanic and Atmospheric Administration for the 
acquisition of data to improve the management of natural 
disasters and the safety of marine and aviation transportation.

Section 405. Great Lakes Maritime Research Institute

    Section 405 requires the National Maritime Enhancement 
Institute for the Great Lakes region to conduct maritime 
transportation studies. It also authorizes the appropriations 
of certain amounts of funding through 2010 to carry out the 
studies.

Section 406. Inspection and certification of permanently moored vessels

    Section 406 requires the Commandant to submit a report that 
includes the number and locations of vessels that would be 
classified as permanently moored vessels under the Coast 
Guard's notice of proposed policy entitled ``Coast Guard 
Inspection and Certification of Permanently Moored Vessels,'' 
dated June 21, 2004 and the potential economic impacts of 
prohibiting the issuance of certificates of inspection for 
vessels under the proposed policy. It also expresses a sense of 
Congress that the Coast Guard should develop a policy that 
would not prohibit any of these vessels operating under a valid 
certificate of inspection on June 1, 2006 from being issued a 
certificate of inspection, if the vessel maintains compliance 
with all applicable Coast Guard regulations.

Section 407. Competitive contracting for patrol boat replacement

    Section 407 requires the Coast Guard, when building the 
``Patrol Boat Replacement (Fast Response Cutter)'' as described 
in the April 6, 2006 Request for Information (Reference Number: 
HSCG23-06-R-FRC-RFI) or also referred to as the ``Parent 
Craft'', to use a competitive contracting procedure among 
shipyards in the United States and to manage, or have the 
primary contractor for the Deepwater program, manage the 
competitive contracting procedure.

Section 408. Patrol boat report

    Section 408 requires a report from the Secretary of the 
department in which the Coast Guard is operating concerning how 
the service intends to manage the readiness gap in the 
service's 110-foot patrol boat fleet.
    The Committee is concerned that the Coast Guard has not 
developed a plan to address the 110-foot patrol boat hour gap 
which the service estimates will reach nearly 20,000 hours 
annually by 2009.

Section 409. Actions to address sexual harassment and violence at the 
        Coast Guard Academy

    Section 409 requires the Commandant of the Coast Guard to 
direct the Superintendent of the Coast Guard Academy to develop 
and implement a policy on sexual harassment and violence 
applicable to the personnel of the Coast Guard Academy. It also 
specifies the various programs and procedures that the policy 
shall contain, as well as the factors that shall be considered 
when developing the policy. An annual assessment and report is 
also required and shall be submitted to the Secretary of the 
department in which the Coast Guard is operating, the board of 
Visitors of the Academy, the Committee on Transportation and 
Infrastructure of the House of Representatives, and the 
Committee on Commerce, Science, and Transportation of the 
Senate. The provision is similar to the requirements for 
policies on sexual harassment and violence applicable to the 
other military service academies.

Section 410. Cruise ship demonstration project

    Section 410 requires the Commandant of the Coast Guard to 
conduct a demonstration project on the methods and best 
practices of the use of smokestack scrubbers on cruise ships 
that operate in the Alaska cruise trade. Upon completion, a 
report must be provided to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate.

            Legislative History and Committee Consideration

    H.R. 5681, the Coast Guard Authorization Act of 2006, was 
introduced by Committee Chairman Don Young, on June 26, 2006 
and is cosponsored by Subcommittee on Coast Guard and Maritime 
Transportation Chairman Frank A. LoBiondo. H.R. 5681 was solely 
referred to the Committee on Transportation and Infrastructure.
    On June 20, 2006, the Subcommittee on Coast Guard and 
Maritime Transportation held an oversight hearing on a 
committee print that formed the bulk of H.R. 5681, as 
introduced.
    H.R. 5681 was considered during a markup session of the 
Committee on Transportation and Infrastructure on June 28, 
2006. At this markup, Mr. LoBiondo offered an en bloc amendment 
that increased the authorization of funding for the Coast 
Guard's Deepwater program. The amendment also included several 
additional legislative provisions. The amendment was adopted by 
voice vote.
    Mr. Oberstar offered an amendment to the substitute to 
strike 308 regarding maritime liens. Mr. Oberstar's amendment 
failed by Rollcall Vote--Yeas 29/Nays 32.
    Mr. Taylor of Mississippi offered an amendment to H.R. 5681 
to strike a provision that would have amended the Coast Guard 
and Maritime Transportation Act of 2004 (P.L. 108-293) to 
extend the duration of the limited grandfather for foreign 
lease-financed offshore supply vessels provided under that Act. 
Mr. Taylor's amendment was adopted by voice vote.
    Mr. Taylor of Mississippi also offered an amendment to H.R. 
5681 to strike section 402 of the bill concerning the 
certificate of documentation for the GALLANT LADY. Mr. Taylor's 
amendment failed by voice vote.
    Mr. Mica, Mr. Diaz-Balart, and Ms. Brown of Florida offered 
an amendment to add a provision to amend title 46, United 
States Code, concerning passenger vessel wage penalties. The 
amendment was withdrawn by unanimous consent.
    H.R. 5681, as amended, was approved unanimously by voice 
vote and was ordered favorably reported to the House.

                             Rollcall Votes

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each rollcall vote on a motion to 
report and on any amendment offered to the measure or matter, 
and the names of those members voting for and against. One 
rollcall vote was ordered during the consideration of H.R. 
5681.

                         Amendment to H.R. 5681


                  Offered by Mr. Oberstar of Minnesota

    Strike Section 309 of the bill and conform the table of 
contents of the bill accordingly.


                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 24, 2006.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure, House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5681, the Coast 
Guard Authorization Act of 2006.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Donald B. Marron,
                                                   Acting Director.
    Enclosure.

H.R. 5681--Coast Guard Authorization Act of 2006

    Summary: H.R. 5681 would authorize the appropriation of 
nearly $8 billion for discretionary activities of the U.S. 
Coast Guard (USCG), including $2 million annually for payments 
to the Great Lakes Maritime Research Institute (GLMRI) and $7 
million for each of fiscal years 2007 and 2008 for the National 
Oceanic and Atmospheric Administration (NOAA). CBO estimates 
that appropriation of the authorized amounts for discretionary 
programs would result in outlays of about $4.9 billion in 
fiscal year 2007 and $7.7 billion over the 2007-2011 period. 
(About $300 million would be spent after 2011.)
    Also, CBO estimates that enacting section 205 of the bill, 
which would permanently authorize a Coast Guard housing 
program, would result in new direct spending of $120 million 
over the 2007-2011 period and $200 million over the 2007-2016 
period. Enacting this legislation could increase revenues from 
civil penalties, but CBO estimates that such increases would 
not be significant.
    H.R. 5681 contains both an intergovernmental mandate and a 
private-sector mandate as defined in the Unfunded Mandates 
Reform Act (UMRA) because it would impose requirements on 
owners and operators of certain port terminals. CBO estimates 
that the total direct cost of those mandates would fall below 
the annual thresholds established in UMRA ($64 million in 2006 
for intergovernmental mandates and $128 million in 2006 for 
private-sector mandates, adjusted annually for inflation).
    Estimated cost to the Federal Government: The estimated 
budgetary effects of H.R. 5681 are summarized in the following 
table. The costs of this legislation fall within budget 
functions 300 (natural resources and environment) and 400 
(transportation).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         By fiscal year, in millions of dollars--
                                                                 ---------------------------------------------------------------------------------------
                                                                   2006    2007    2008    2009    2010    2011    2012    2013    2014    2015    2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            SPENDING SUBJECT TO APPROPRIATION

USCG Spending Under Current Law:
    Budget Authority/Authorizatlon Level \1\....................   7,140      26       0       0       0       0       0       0       0       0       0
    Estimated Outlays...........................................   6,547   2,069     848     392     156      93      44       0       0       0       0
Proposed Changes:
    Authorization Level.........................................       0   7,939       9       2       2       3       0       0       0       0       0
    Estimated Outlays...........................................       0   4,864   1,484     771     433     171     106      63      42      21       0
USCG Spending Under H.R. 5681:
    Authorization Level.........................................   7,140   7,965       9       2       2       3       0       0       0       0       0
    Estimated Outlays...........................................   6,547   6,933   2,332   1,163     589     264     150      63      42      21       0

                                                               CHANGES IN DIRECT SPENDING

Estimated Budget Authority......................................       0       0     1OO      30      20      20      20      10       0       0       0
Estimated Outlays...............................................       0       0       5      35      45      35      25      20      15      10     10
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The 2006 level is the amount appropriated for that year. The $26 million shown for 2007 is the amount already authorized to be appropriated from the
  Oil Spill Liability Trust Fund for Coast Guard operating expenses and research.

Basis of estimate

            Spending subject to appropriation
    The total authorization level shown in the table is the sum 
of all amounts authorized in the bill for discretionary 
accounts, excluding $26 million to be derived from the Oil 
Spill Liability Trust Fund (OSLTF). That amount, which consists 
of $24 million for operating expenses and $2 million for 
research, is already authorized under existing law. Estimated 
outlays are based on historical spending patterns for the Coast 
Guard.
    For 2007, H.R. 5681 would authorize the appropriation of 
about $5.8 billion for USCG operations, including $124 million 
for reserve training, $12 million for environmental compliance, 
$2 million for the GLMRI, and $3 million to improve secure 
communications. The bill also would authorize about $2.1 
billion for capital acquisitions and other multiyear projects, 
including $24 million for research activities and $17 million 
for bridge alterations. Of the amounts authorized, $46 million 
would be derived from the OSLTF, including $26 million that is 
already authorized under existing law. The 2007 authorization 
level also includes $7 million for NOAA to purchase 
environmental data gathered by unmanned aerial vehicles.
    The bill also would authorize the appropriation of about 
$1.1 billion for Coast Guard retirement benefits in 2007, but 
that amount is excluded from this estimate because such 
benefits are considered an entitlement under current law and 
are not subject to appropriation. Thus, the authorization has 
no additional budgetary impact.
    Finally, the bill would authorize another $7 million for 
NOAA for 2008 and between $2 million and $3 million for the 
GLMRI for each of fiscal years 2008 through 2011.
            Changes in direct spending
    Section 205 would repeal the expiration date on the Coast 
Guard's authority to finance military housing construction 
through private developers. CEO expects that this provision 
would enable the Coast Guard to execute new contracts with 
developers to build several military housing projects over the 
next 10 years. We estimate that making the agency's housing 
authorities permanent would increase direct spending by about 
$120 million over the 2007-2011 period and by about $200 
million over the 2007-2016 period.
    Under current law, the Coast Guard is authorized to use 
direct loans and loan guarantees, lease-purchases, limited 
partnerships, and similar means to finance housing projects. 
That authority expires at the end of fiscal year 2007. To date, 
the Coast Guard has not used any of these mechanisms to acquire 
new housing, but based on USGS plans, CBO expects that, if its 
authority is made permanent, the agency would execute 
agreements with private developers to provide employees with 
over 1,100 units of housing. We expect that such housing would 
be acquired by leasing federal land to developers, who would 
then construct apartment buildings, townhouses, or other 
dwellings that would be rented primarily to Coast Guard 
military personnel. The developers would thus recoup their 
investments through the Coast Guard's annual operating 
appropriations over the life of the buildings.
    CBO estimates that the first of such USCG housing projects 
would encompass nearly 750 units in Cape May, New Jersey, and 
various locations in Alaska, for a total obligation of about 
$130 million over fiscal years 2008 and 2009. We estimate that 
the agency would finalize several smaller projects in each of 
fiscal years 2010 through 2013, for an additional obligation of 
$70 million.
    Because entering into such leases would effectively 
obligate the Federal Government to pay the costs of employee 
housing in advance of annual appropriations, the full cost of 
these projects--an estimated $200 million--should be recorded 
in the budget as new budget authority at the time of the lease 
agreements. For this estimate, CBO assumes that the leases will 
be similar to arrangements made by other federal agencies with 
developers, under which the Federal Government assumes 
substantial risk, and that spending would be recorded over each 
project's construction period. Based on spending patterns for 
similar construction, we estimate that outlays for the projects 
would total about $80 million through 2011 and $180 million 
through 2016.
    The Coast Guard could execute additional agreements for 
housing after 2013, but CBO has no basis for estimating the 
costs of such potential obligations.

Revenues

    Section 304 would increase the maximum civil penalty that 
may be imposed by the Coast Guard for violations of regulations 
on the anchoring of vessels in navigable waters of the United 
States. Section 305 would impose a new civil penalty on 
individuals on vessels or marine facilities found to be in 
possession of a controlled substance. CBO estimates that 
revenues resulting from these provisions would be less than 
$500,000 a year. Amounts collected would be deposited in the 
general fund of the U.S. treasury.
    Estimated impact on state, local, and tribal governments: 
Section 307 contains an intergovernmental mandate as defined in 
UMRA because it would require ports to include in their 
security plans provisions that allow crew members to leave and 
reboard ships without paying escort fees. According to industry 
sources, very few--if any--publicly operated ports are 
currently charging such fees. CBO estimates, therefore, that 
the resulting costs to those ports would be insignificant and 
would not exceed the threshold established in UMRA ($64 million 
in 2006 adjusted annually for inflation).
    Other provisions of the bill would benefit state and local 
government. In particular, section 302 would likely lead to 
increased sales tax receipts in Idaho and Alaska by clarifying 
that certain providers of recreation vessels are subject to 
sales taxes on rentals. Section 405 would benefit public 
universities in Minnesota and Wisconsin.
    Estimated impact on the private sector: H.R. 5681 would 
impose a private-sector mandate, as defined in UMRA, on owners 
and operators of certain private port terminals. The bill would 
require that each terminal facility provide a system for seamen 
assigned to a vessel at the facility to board and depart the 
vessel through the facility in a timely manner at no cost to 
the individual. Currently, owners of some terminals charge 
seamen fees to exit and reenter their terminal facilities. 
Industry sources claim that such fees can range from $100 to 
$300 to exit or reenter those terminals. According to 
government sources, most seamen, due to the high cost of the 
fees relative to their wages, choose not to exit their vessels 
at those terminals. Industry sources also estimate that very 
few privately operated terminals charge such fees. Based on 
information from government and industry sources, CBO estimates 
that the total direct cost of the mandate on terminal owners 
and operators would fall below the annual threshold established 
by UMRA for private-sector mandates ($128 million in 2006, 
adjusted annually for inflation).
    Previous CBO estimate: On July 14, 2005, CBO transmitted a 
cost estimate for S. 1280, the Coast Guard Authorization Act of 
2005. S. 1280 would authorize appropriations for the Coast 
Guard for 2006 and 2007. The cost estimates for the two bills 
reflect the different authorization periods and amounts. Also, 
S. 1280 would not affect the Coast Guard's housing authorities.
    Estimate prepared by: Federal Costs: Deborah Reis. Impact 
on State, Local, and Tribal Governments: Sarah Puro. Impact on 
the Private Sector: Craig Cammarata.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included below.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
authorize funding for personnel and activities of the United 
States Coast Guard and make changes to maritime transportation 
law.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
5681 from the Director of the Congressional Budget Office.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, committee reports on a bill or joint 
resolution of a public character shall include a statement 
citing the specific powers granted to the Congress in the 
Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act. (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 5681 does not 
preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

TITLE 14, UNITED STATES CODE

           *       *       *       *       *       *       *


CHAPTER 1--ESTABLISHMENT AND DUTIES

           *       *       *       *       *       *       *


Sec. 2. Primary duties

  The Coast Guard shall enforce or assist in the enforcement of 
all applicable Federal laws on, under, and over the high seas 
and waters subject to the jurisdiction of the United States; 
shall engage in maritime air surveillance or interdiction to 
enforce or assist in the enforcement of the laws of the United 
States; shall administer laws and promulgate and enforce 
regulations for the promotion of safety of life and property on 
and under the high seas and waters subject to the jurisdiction 
of the United States covering all matters not specifically 
delegated by law to some other executive department; shall 
develop, establish, maintain, and operate, with due regard to 
the requirements of national defense, aids to maritime 
navigation, ice-breaking facilities, and rescue facilities for 
the promotion of safety on, under, and over the high seas and 
waters subject to the jurisdiction of the United States; shall, 
pursuant to international agreements, develop, establish, 
maintain, and operate icebreaking facilities on, under, and 
over waters other than the high seas and waters subject to the 
jurisdiction of the United States; shall engage in 
oceanographic research of the high seas and in waters subject 
to the jurisdiction of the United States; 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; and shall 
maintain a state of readiness to function as a specialized 
service in the Navy in time of war, including the fulfillment 
of Maritime Defense Zone command responsibilities..

           *       *       *       *       *       *       *


                CHAPTER 3--COMPOSITION AND ORGANIZATION

Sec.
41.  Grades and ratings.
[42.  Number and distribution of commissioned officers.]
42.  Number and distribution of commissioned officers on active duty 
          promotion list.
     * * * * * * *

[Sec. 42. Number and distribution of commissioned officers

  [(a) The total number of commissioned officers, excluding 
commissioned warrant officers, on active duty in the Coast 
Guard shall not exceed 6,700 in each fiscal year 2004, 2005, 
and 2006.
  [(b) The commissioned officers on the active duty promotion 
list shall be distributed in grade in the following 
percentages, respectively: rear admiral 0.375; rear admiral 
(lower half) 0.375; captain 6.0; commander 15.0; lieutenant 
commander 22.0. The Secretary shall prescribe the percentages 
applicable to the grades of lieutenant, lieutenant (junior 
grade), and ensign. The Secretary may, as the needs of the 
Coast Guard require, reduce the percentage applicable to any 
grade above lieutenant commander, and in order to compensate 
for such reduction increase correspondingly the percentage 
applicable to any lower grade.
  [(c) The Secretary shall, at least once each year, make a 
computation to determine the number of officers on the active 
duty promotion list authorized to be serving in each grade. The 
number in each grade shall be computed by applying the 
applicable percentage to the total number of such officers 
serving on active duty on the date the computation is made. In 
making computations under this section the nearest whole number 
shall be regarded as the authorized number in any case where 
there is a fraction in the final result.
  [(d) The numbers resulting from such computations 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 who are not included on the active duty 
promotion list, officers serving as extra numbers in grade 
under sections 432 and 433 of this title, and officers serving 
with other departments or agencies on a reimbursable basis or 
excluded under the provisions of section 324(d) of title 49, 
shall not be counted in determining authorized strengths under 
subsection (c) and shall not count against those strengths. 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.]

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

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

           *       *       *       *       *       *       *


                    CHAPTER 5--FUNCTIONS AND POWERS

Sec.
81.  Aids to navigation authorized.
     * * * * * * *
99.  Enforcement authority.
     * * * * * * *

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.

           *       *       *       *       *       *       *


               CHAPTER 7--COOPERATION WITH OTHER AGENCIES

Sec.
141.  Cooperation with other agencies, States, territories, and 
          political subdivisions.
     * * * * * * *
147b.   Nuclear Regulatory Commission.
     * * * * * * *
153.  Appointment of judges.

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


Sec. 149. Detail of members to assist foreign governments

  (a) In General.--The President may upon application from the 
foreign governments concerned, and whenever in his discretion 
the public interests render such a course advisable, detail 
members of the Coast Guard to assist foreign governments in 
matters concerning which the Coast Guard may be of assistance. 
Members so detailed may accept, from the government to which 
detailed, offices and such compensation and emoluments 
thereunder appertaining as may be first approved by the 
Secretary. While so detailed such members shall receive, in 
addition to the compensation and emoluments allowed them by 
such governments, the pay and allowances to which they are 
entitled in the Coast Guard and shall be allowed the same 
credit for longevity, retirement, and for all other purposes 
that they would receive if they were serving with the Coast 
Guard.
  (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. 151. Contracts with Government-owned establishments for work and 
                    material

  (a) In General.--All orders or contracts for work or 
material, under authorization of law, placed with Government-
owned establishments by the Coast Guard, shall be considered as 
obligations in the same manner as provided for similar orders 
or contracts placed with private contractors, and 
appropriations for such work or material shall remain available 
for payment therefor as in the case of orders or contracts 
placed with private contractors.
  (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. 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.

           *       *       *       *       *       *       *


                         CHAPTER 11--PERSONNEL

                                Officers

                              a. appointments

Sec.
211.  Original appointment of permanent commissioned officers.
     * * * * * * *
[216.  Director of Boating Safety Office.]
     * * * * * * *

                           GENERAL PROVISIONS

421.  Retirement.
     * * * * * * *
426.  Emergency leave retention authority.
     * * * * * * *

                                OFFICERS

A. Appointments

           *       *       *       *       *       *       *


[Sec. 216. Director of Boating Safety Office

  [The initial appointment of the Director of the Boating 
Safety Office shall be in the grade of Captain.]

           *       *       *       *       *       *       *


GENERAL PROVISIONS

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


   CHAPTER 13--PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS

Sec.
461.  Remission of indebtedness of enlisted members upon discharge.
     * * * * * * *
518.  Reimbursement for medical-related travel expenses for certain 
          persons residing on islands in the continental United States.

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


              CHAPTER 18--COAST GUARD HOUSING AUTHORITIES

Sec.
680.  Definitions.
     * * * * * * *
[689.  Expiration of authority.]

           *       *       *       *       *       *       *


[Sec. 689. Expiration of authority

  [The authority to enter into a transaction under this chapter 
shall expire October 1, 2007.]

           *       *       *       *       *       *       *

                              ----------                              


      SECTION 1502 OF THE ARMED FORCES RETIREMENT HOME ACT OF 1991

SEC. 1502. DEFINITIONS.

  For purposes of this title:
          (1) * * *

           *       *       *       *       *       *       *

          [(4) The term ``Armed Forces'' does not include the 
        Coast Guard when it is not operating as a service in 
        the Navy.]
          (5) The term ``chief personnel officers'' means--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) the Deputy Chief of Staff for Personnel 
                of the Air Force; [and]
                  (D) the Deputy Commandant of the Marine Corps 
                for Manpower and Reserve Affairs[.]; and
                  (E) the Assistant Commandant of the Coast 
                Guard for Human Resources.
          (6) The term ``senior noncommissioned officers'' 
        means the following:
                  (A) * * *

           *       *       *       *       *       *       *

                  (E) The Master Chief Petty Officer of the 
                Coast Guard.

           *       *       *       *       *       *       *

                              ----------                              


              SECTION 2772 OF TITLE 10, UNITED STATES CODE

Sec. 2772. Share of fines and forfeitures to benefit Armed Forces 
                    Retirement Home

  (a) Deposit Required.--The Secretary of the military 
department concerned or, in the case of the Coast Guard, the 
Commandant shall deposit in the Armed Forces Retirement Home 
Trust Fund a percentage (determined under subsection (b)) of 
the following amounts:
          (1) * * *

           *       *       *       *       *       *       *

  [(c) Application to Coast Guard.--In this section, the term 
``armed forces'' does not include the Coast Guard when it is 
not operating as a service in the Navy.]
                              ----------                              


              SECTION 1007 OF TITLE 37, UNITED STATES CODE

Sec. 1007. Deductions from pay

  (a) * * *

           *       *       *       *       *       *       *

  (i)(1) * * *

           *       *       *       *       *       *       *

  (3) The Secretary of Defense or, in the case of the Coast 
Guard, the Commandant, after consultation with the Armed Forces 
Retirement Home Board, shall determine from time to time the 
amount to be deducted under paragraph (1) from the pay of 
enlisted members, warrant officers, and limited duty officers 
on the basis of the financial needs of the Armed Forces 
Retirement Home. The amount to be deducted may be fixed at 
different amounts on the basis of grade or length of service, 
or both.
  [(4) In this subsection, the term ``armed forces'' does not 
include the Coast Guard when it is not operating as a service 
in the Navy.]
  [(5)] (4) This subsection does not apply to an enlisted 
member, warrant officer, or limited duty officer of a reserve 
component.
                              ----------                              


COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2004

           *       *       *       *       *       *       *


TITLE VI--MISCELLANEOUS

           *       *       *       *       *       *       *


SEC. 605. GREAT LAKES NATIONAL MARITIME ENHANCEMENT INSTITUTE.

  (a) * * *
  (b) Study and Report.--
          (1) In general.--[The Secretary of Transportation 
        shall conduct a study that] The Institute shall conduct 
        maritime transportation studies of the Great Lakes 
        region, including studies that--
                  (A) [evaluates] evaluate short sea shipping 
                market opportunities on the Great Lakes, 
                including the expanded use of freight ferries, 
                improved mobility, and regional supply chain 
                efficiency;
                  (B) [evaluates] evaluate markets for foreign 
                trade between ports on the Great Lakes and 
                draft-limited ports in Europe and Africa;
                  (C) [evaluates] evaluate the environmental 
                benefits of waterborne transportation in the 
                Great Lakes region;
                  (D) [analyzes] analyze the effect on Great 
                Lakes shipping of the tax imposed by section 
                4461(a) of the Internal Revenue Code of 1986;
                  (E) [evaluates] evaluate the state of 
                shipbuilding and ship repair bases on the Great 
                Lakes;
                  (F) [evaluates] evaluate opportunities for 
                passenger vessel services on the Great Lakes;
                  (G) [analyzes] analyze the origin-to-
                destination flow of freight cargo in the Great 
                Lakes region that may be transported on vessels 
                to relieve congestion in other modes of 
                transportation;
                  (H) [evaluates] evaluate the economic 
                viability of establishing transshipment 
                facilities for oceangoing cargoes on the Great 
                Lakes;
                  (I) [evaluates] evaluate the adequacy of the 
                infrastructure in Great Lakes ports to meet the 
                needs of marine commerce; [and]
                  (J) [evaluates] evaluate new vessel designs 
                for domestic and international shipping on the 
                Great Lakes[.];
                  (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.
          [(4) Authorization of appropriations.--There is 
        authorized to be appropriated to the Secretary 
        $1,500,000 for each of fiscal years 2005 and 2006 to 
        carry out paragraph (1).]
          (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.

           *       *       *       *       *       *       *

                              ----------                              


TITLE 46, UNITED STATES CODE

           *       *       *       *       *       *       *


Part B--Inspection and Regulations of Vessels

           *       *       *       *       *       *       *


Sec. 3503. Fire-retardant materials

  (a) A passenger vessel of the United States having berth or 
stateroom accommodations for at least 50 passengers shall be 
granted a certificate of inspection only if the vessel is 
constructed of fire-retardant materials. Before November 1, 
[2008] 2018, this section does not apply to any vessel in 
operation before January 1, 1968, and operating only within the 
Boundary Line.

           *       *       *       *       *       *       *


CHAPTER 45--UNINSPECTED COMMERCIAL FISHING INDUSTRY VESSELS

           *       *       *       *       *       *       *


Subtitle II--Vessels and Seamen

           *       *       *       *       *       *       *


Part B--Inspection and Regulations of Vessels

           *       *       *       *       *       *       *


Sec. 4503. [Fish] Fishing and fish processing vessel certification

  (a) A fishing or fish processing vessel to which this section 
applies may not be operated unless the vessel--
          (1) * * *

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *


                     Part C--Load Lines of Vessels

CHAPTER 51--LOAD LINES

           *       *       *       *       *       *       *


Sec. 5102. Application

  (a) * * *
  (b) This chapter does not apply to the following:
          (1) * * *

           *       *       *       *       *       *       *

          [(3) a fishing vessel.]
          (3) a fishing vessel unless the vessel is--
                  (A) a rebuilt vessel under section 208(g) of 
                the American Fisheries Act (title II of 
                division C of Public Law 105-277; 112 Stat. 
                2681-627); or
                  (B) a replacement vessel under such section 
                and the replacement vessel did not harvest fish 
                under section 208(a), 208(b), 208(c), or 208(e) 
                of that Act before June 1, 2006.

           *       *       *       *       *       *       *


                   Part H--Identification of Vessels

CHAPTER 121--DOCUMENTATION OF VESSELS

           *       *       *       *       *       *       *


Sec. 12102. Vessels eligible for documentation

  (a) * * *

           *       *       *       *       *       *       *

  (c)(1) * * *

           *       *       *       *       *       *       *

  (5) A vessel greater than 165 feet in registered length, of 
more than 750 gross registered tons, or that has an engine or 
engines capable of producing a total of more than 3,000 shaft 
horsepower is not eligible for a fishery endorsement under 
section 12108 of this title unless--
          (A)(i) a certificate of documentation was issued for 
        the vessel and endorsed with a fishery endorsement that 
        was effective on September 25, 1997; and
          (ii) the vessel is not placed under foreign registry 
        after the date of the enactment of the American 
        Fisheries Act; [and]
          [(iii) in the event of the invalidation of the 
        fishery endorsement after the date of the enactment of 
        the American Fisheries Act, application is made for a 
        new fishery endorsement within fifteen (15) business 
        days of such invalidation; or]
          (B) the owner of such vessel demonstrates to the 
        Secretary that the regional fishery management council 
        of jurisdiction established under section 302(a)(1) of 
        the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1852(a)(1)) has recommended 
        after the date of the enactment of the American 
        Fisheries Act, and the Secretary of Commerce has 
        approved, conservation and management measures in 
        accordance with such Act to allow such vessel to be 
        used in fisheries under such council's authority[.];
          (C) the vessel is either a rebuilt vessel or a 
        replacement vessel under section 208(g) of the American 
        Fisheries Act (title II of division C of Public Law 
        105-277; 112 Stat. 2681-625) and is eligible for a 
        fishery endorsement under section 12108 of this title; 
        or
          (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.

           *       *       *       *       *       *       *


                     Part J--Measurement of Vessels

CHAPTER 143--CONVENTION MEASUREMENT

           *       *       *       *       *       *       *


Sec. 14301. Application

  (a) * * *
  (b) This chapter does not apply to the following:
          (1) * * *

           *       *       *       *       *       *       *

          (3) a vessel of United States or Canadian registry 
        operating only on the Great Lakes, unless the owner 
        requests.

           *       *       *       *       *       *       *


Sec. 14302. Measurement

  (a) * * *
  [(b) Except as provided in section 1602(a) of the Panama 
Canal Act of 1979 (22 U.S.C. 3792(a)), a vessel measured under 
this chapter may not be required to be measured under another 
law.]
  (b) Measurement.--A vessel measured under this chapter may 
not be required to be measured under any other law.

           *       *       *       *       *       *       *


                  CHAPTER 145--REGULATORY MEASUREMENT

                          SUBCHAPTER I--GENERAL

Sec.
14501.  Application.
     * * * * * * *

                      SUBCHAPTER II--FORMAL SYSTEMS

     * * * * * * *
14514.  Reciprocity for foreign vessels.

           *       *       *       *       *       *       *


Sec. 14513. Dual tonnage measurement

  (a) * * *

           *       *       *       *       *       *       *

  (c)(1) If a [vessel's tonnage mark is below the uppermost 
part of the load line marks,] vessel is assigned 2 sets of 
gross and net tonnages under this section, each certificate 
stating the vessel's tonnages shall state the gross and net 
tonnages when [the mark] the vessel's tonnage mark is submerged 
and when it is not submerged.
  (2) Except as provided in paragraph (1) of this subsection, a 
certificate stating a vessel's tonnages may state only one set 
of gross and net tonnages[.] as assigned under this section.

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.

           *       *       *       *       *       *       *


Subtitle III--Maritime Liability

           *       *       *       *       *       *       *


         CHAPTER 313--COMMERCIAL INSTRUMENTS AND MARITIME LIENS

                          SUBCHAPTER I--GENERAL

Sec.
31301.  Definitions.
     * * * * * * *
31310. Limitation on maritime liens on fishing permits.

           *       *       *       *       *       *       *


SUBCHAPTER I--GENERAL

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


Subtitle VI--Miscellaneous

           *       *       *       *       *       *       *


                       CHAPTER 701--PORT SECURITY

Sec.
70101. Definitions.
     * * * * * * *
[70118. Enforcement.]
     * * * * * * *

[Sec. 70118. Firearms, arrests, and seizure of property

  Subject to guidelines approved by the Secretary, members of 
the Coast Guard may, in the performance of official duties--
          [(1) carry a firearm; and
          [(2) while at a facility--
                  [(A) make an arrest without warrant for any 
                offense against the United States committed in 
                their presence; and
                  [(B) seize property as otherwise provided by 
                law.]
                              ----------                              


                         AMERICAN FISHERIES ACT

                          TITLE II--FISHERIES

                    Subtitle I--Fishery Endorsements

SEC. 201. SHORT TITLE.

  This title may be cited as the ``American Fisheries Act''.

           *       *       *       *       *       *       *


SEC. 203. ENFORCEMENT OF STANDARD.

  (a) * * *

           *       *       *       *       *       *       *

  (g) Certain Vessels.--The vessels EXCELLENCE (United States 
official number 967502), GOLDEN ALASKA (United States official 
number 651041) and, OCEAN PHOENIX (United States official 
number 296779)[, 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)] shall be exempt from section 
12102(c), as amended by this Act, until such time after October 
1, 2001 as more than 50 percent of the interest owned and 
controlled in the vessel changes, provided that the vessel 
maintains eligibility for a fishery endorsement under the 
federal law that was in effect the day before the date of the 
enactment of this Act, and unless[, in the case of the NORTHERN 
TRAVELER or the NORTHERN VOYAGER (or such replacement), the 
vessel is used in any fishery under the authority of a regional 
fishery management council other than the New England Fishery 
Management Council or Mid-Atlantic Fishery Management Council 
established, respectively, under subparagraphs (A) and (B) of 
section 302(a)(1) of the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1852(a)(1) (A) and (B)), or in 
the case of the EXCELLENCE, GOLDEN ALASKA, or OCEAN PHOENIX,] 
the vessel is used to harvest any fish.

           *       *       *       *       *       *       *


Subtitle II--Bering Sea Pollock Fishery

           *       *       *       *       *       *       *


SEC. 208. ELIGIBLE VESSELS AND PROCESSORS.

  (a) * * *

           *       *       *       *       *       *       *

  [(g) Replacement Vessels.--In the event of the actual total 
loss or constructive total loss of a vessel eligible under 
subsections (a), (b), (c), (d), or (e), the owner of such 
vessel may replace such vessel with a vessel which shall be 
eligible in the same manner under that subsection as the 
eligible vessel, provided that--
          [(1) such loss was caused by an act of God, an act of 
        war, a collision, an act or omission of a party other 
        than the owner or agent of the vessel, or any other 
        event not caused by the willful misconduct of the owner 
        or agent;
          [(2) the replacement vessel was built in the United 
        States and if ever rebuilt, was rebuilt in the United 
        States;
          [(3) the fishery endorsement for the replacement 
        vessel is issued within 36 months of the end of the 
        last year in which the eligible vessel harvested or 
        processed pollock in the directed pollock fishery;
          [(4) if the eligible vessel is greater than 165 feet 
        in registered length, of more than 750 gross registered 
        tons, or has engines capable of producing more than 
        3,000 shaft horsepower, the replacement vessel is of 
        the same or lesser registered length, gross registered 
        tons, and shaft horsepower;
          [(5) if the eligible vessel is less than 165 feet in 
        registered length, of fewer than 750 gross registered 
        tons, and has engines incapable of producing less than 
        3,000 shaft horsepower, the replacement vessel is less 
        than each of such thresholds and does not exceed by 
        more than 10 percent the registered length, gross 
        registered tons or shaft horsepower of the eligible 
        vessel; and
          [(6) the replacement vessel otherwise qualifies under 
        federal law for a fishery endorsement, including under 
        section 12102(c) of title 46, United States Code, as 
        amended by this Act.]
  (g) Vessel Rebuilding and Replacement.--
          (1) In general.--Except as provided in paragraph (4), 
        the owner of a vessel eligible under subsection (a), 
        (b), (c), (d), or (e) may rebuild or replace that 
        vessel. The rebuilt or replacement vessel shall be 
        eligible in the same manner under such subsection as 
        the eligible vessel, documented with a fishery 
        endorsement under section 12108 of title 46, United 
        States Code, and not be subject to any limitations on 
        lengthening vessels contained in section 679.4(k) of 
        title 50, Code of Federal Regulations, as in effect on 
        the date of enactment of the Coast Guard Authorization 
        Act of 2006.
          (2) Recommendations of north pacific council.--The 
        North Pacific Council may recommend for approval by the 
        Secretary such conservation and management measures in 
        accordance with the Magnuson-Stevens Act as it 
        considers necessary to ensure that this subsection does 
        not diminish the effectiveness of fishery management 
        plans of the Bering Sea and Aleutian Islands Management 
        Area or the Gulf of Alaska.
          (3) Special rule for replacement of certain 
        vessels.--
                  (A) In general.--Notwithstanding the 
                requirements of paragraphs (1), (2), and (3) of 
                section 12102(c) of title 46, United States 
                Code, a vessel that is eligible under 
                subsection (a), (b), (c), (d), or (e) and that 
                qualifies to be documented with a fishery 
                endorsement pursuant to section 203(g) or 
                213(g) may be replaced with a replacement 
                vessel under paragraph (1) if the vessel that 
                is replaced is validly documented with a 
                fishery endorsement pursuant to section 203(g) 
                or 213(g) before the replacement vessel is 
                documented with a fishery endorsement under 
                section 12108 of title 46, United States Code.
                  (B) Applicability.--A replacement vessel 
                under subparagraph (A) and its owner and 
                mortgagee are subject to the same limitations 
                under section 203(g) or 213(g) that are 
                applicable to the vessel that has been replaced 
                and its owner and mortgagee.
          (4) Special rules for certain catcher vessels.--
                  (A) In general.--A replacement for a covered 
                vessel described in subparagraph (B) is 
                prohibited from harvesting fish in any fishery 
                (except for the Pacific whiting fishery) 
                managed under the authority of any regional 
                fishery management council (other than the 
                North Pacific Council) established under 
                section 302(a) of the Magnuson-Stevens Act.
                  (B) Covered vessels.--A covered vessel 
                referred to in subparagraph (A) is--
                          (i) a vessel eligible under 
                        subsection (a), (b), or (c) that is 
                        replaced under paragraph (1); or
                          (ii) a vessel eligible under 
                        subsection (a), (b), or (c) that is 
                        rebuilt to increase its registered 
                        length, gross tonnage, or shaft 
                        horsepower.
          (5) Limitation on fishery endorsements.--Any vessel 
        that is replaced under this subsection shall thereafter 
        not be eligible for a fishery endorsement under section 
        12108 of title 46, United States Code, unless that 
        vessel is also a replacement vessel described in 
        paragraph (1).

           *       *       *       *       *       *       *


SEC. 210. FISHERY COOPERATIVE LIMITATIONS.

  (a) * * *
  (b) Catcher Vessels Onshore.--
          (1) Catcher vessel cooperatives.--Effective January 
        1, 2000, upon the filing of a contract implementing a 
        fishery cooperative under subsection (a) which--
                  (A) * * *

           *       *       *       *       *       *       *

        the Secretary shall allow only such catcher vessels 
        (and catcher vessels whose owners voluntarily 
        participate pursuant to paragraph (2)) to harvest the 
        aggregate percentage of the directed fishing allowance 
        under section 206(b)(1) in the year in which the 
        fishery cooperative will be in effect that is 
        equivalent to the aggregate total amount of pollock 
        harvested by such catcher vessels (and by such catcher 
        vessels whose owners voluntarily participate pursuant 
        to paragraph (2)) in the directed pollock fishery for 
        processing by the inshore component during 1995, 1996, 
        and 1997 relative to the aggregate total amount of 
        pollock harvested in the directed pollock fishery for 
        processing by the inshore component during such years 
        and shall prevent such catcher vessels (and catcher 
        vessels whose owners voluntarily participate pursuant 
        to paragraph (2)) from harvesting in aggregate in 
        excess of such percentage of such directed fishing 
        allowance.

           *       *       *       *       *       *       *

          (7) Fishery cooperative exit provisions.--
                  (A) Fishing allowance determination.--For 
                purposes of determining the aggregate 
                percentage of directed fishing allowances under 
                paragraph (1), when a catcher vessel is removed 
                from the directed pollock fishery, the fishery 
                allowance for pollock for the vessel being 
                removed--
                          (i) shall be based on the average 
                        total pollock harvest for the vessel 
                        being removed for calendar years 1995, 
                        1996, and 1997 and determined under the 
                        regulations in effect on the date of 
                        removal of the vessel; and
                          (ii) shall be assigned, for all 
                        purposes under this title, in the 
                        manner specified by the owner of the 
                        vessel being retired to any other 
                        catcher vessel or among other catcher 
                        vessels participating in the fishery 
                        cooperative if such vessel or vessels 
                        remain in the fishery cooperative for 
                        at least one year after the date on 
                        which the vessel being removed leaves 
                        the directed pollock fishery.
                  (B) Eligibility.--
                          (i) For fishery endorsement.--Except 
                        as provided in clause (ii), a vessel 
                        that is removed pursuant to this 
                        paragraph shall be permanently 
                        ineligible for a fishery endorsement, 
                        and any claim (including relating to 
                        catch history) associated with such 
                        vessel that could qualify any owner of 
                        such vessel for any permit to 
                        participate in any fishery within the 
                        exclusive economic zone of the United 
                        States shall be extinguished, unless 
                        such removed vessel is thereafter 
                        designated to replace a vessel to be 
                        removed pursuant to this paragraph.
                          (ii) Limitation on statutory 
                        construction.--Nothing in this 
                        paragraph shall be construed to make a 
                        vessel removed from the directed 
                        pollock fishery not eligible for a 
                        fishery endorsement or any permit 
                        necessary to continue to participate in 
                        such fishery if that vessel has 
                        participated, as determined by the 
                        Secretary, during either 2002, 2003, or 
                        2004 in a Federal fishery not under the 
                        authority of the North Pacific Council.

           *       *       *       *       *       *       *

                              ----------                              


                  SECTION 4 OF THE ACT OF JULY 5, 1884

  (Commonly known as the Rivers and Harbors Appropriation Act of 1884)

    Sec. 4. (a) * * *
  (b) No taxes, tolls, operating charges, fees, or any other 
impositions whatever shall be levied upon or collected from any 
vessel or other water craft, or from its passengers or crew, by 
any non-Federal interest, if the vessel or water craft is 
operating on any navigable waters subject to the authority of 
the United States, or under the right to freedom of navigation 
on those waters, except for--
          (1) * * *
          (2) reasonable fees charged on a fair and equitable 
        basis that--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) do not impose more than a small burden on 
                interstate or foreign commerce; [or]
          (3) property taxes on vessels or watercraft, other 
        than vessels or watercraft that are primarily engaged 
        in foreign commerce if those taxes are permissible 
        under the United States Constitution[.]; or
          (4) sales taxes on goods and services provided to or 
        by vessels or watercraft (other than vessels or 
        watercraft primarily engaged in foreign commerce).
                              ----------                              


     SECTION 7 OF THE RIVERS AND HARBORS APPROPRIATIONS ACT OF 1915

    Sec. 7. (a) In General.--The Secretary of Transportation is 
authorized, empowered, and directed to define and establish 
anchorage grounds for vessels in all harbors, rivers, bays, and 
other navigable waters of the United States whenever it is 
manifest to the said Secretary that the maritime or commercial 
interests of the United States require such anchorage grounds 
for safe navigation and the establishment of such anchorage 
grounds shall have been recommended by the Chief of Engineers, 
and to adopt suitable rules and regulations in relation 
thereto; and such rules and regulations shall be enforced by 
the Coast Guard under the direction of the Secretary of 
Transportation: Provided, That at ports or places where there 
is no Coast Guard vessel available such rules and regulations 
may be enforced by the Chief of Engineers under the direction 
of the Secretary of Transportation. In the event of the 
violation of any such rules and regulations by the owner, 
master, or person in charge of any vessel, such owner, master, 
or person in charge of such vessel shall be liable to a penalty 
of [$100; and the] up to $10,000. Each day during which a 
violation continues shall constitute a separate violation. The 
said vessel may be holden for the payment of such penalty, and 
may be seized and proceeded against summarily by libel for the 
recovery of the same in any United States district court for 
the district within which such vessel may be and in the name of 
the officer designated by the Secretary of Transportation.
  (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.
                              ----------                              


MARITIME DRUG LAW ENFORCEMENT ACT

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *

                              ----------                              


       SECTION 1120 OF THE COAST GUARD AUTHORIZATION ACT OF 1996

SEC. 1120. DOCUMENTATION OF CERTAIN VESSELS.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Certificates of Documentation for Gallant Lady.--
          (1) In general.--Notwithstanding section 27 of the 
        Merchant Marine Act, 1920 (46 App. U.S.C. 883), section 
        8 of the Act of June 19, 1886 (24 Stat. 81, chapter 
        421; 46 App. U.S.C. 289), and section 12106 of title 
        46, United States Code, and subject to paragraph (2), 
        the Secretary [of Transportation] of the department in 
        which the Coast Guard is operating may issue a 
        certificate of documentation with an appropriate 
        endorsement for employment in coastwise trade for each 
        of the following vessels:
                  [(A) GALLANT LADY (Feadship hull number 645, 
                approximately 130 feet in length).]
                  (A) the vessel GALLANT LADY (Feadship hull 
                number 672, approximately 168 feet in length).

           *       *       *       *       *       *       *

          [(3) Condition.--The Secretary may not issue a 
        certificate of documentation for a vessel under 
        paragraph (1) unless, not later than 90 days after the 
        date of enactment of this Act, the owner of the vessel 
        referred to in paragraph (1)(B) submits to the 
        Secretary a letter expressing the intent of the owner 
        to, before April 1, 1998, enter into a contract for the 
        construction in the United States of a passenger vessel 
        of at least 130 feet in length.
          [(4) Effective date of certificates.--A certificate 
        of documentation issued under paragraph (1) shall take 
        effect--
                  [(A) for the vessel referred to in paragraph 
                (1)(A), on the date of the issuance of the 
                certificate; and
                  [(B) for the vessel referred to in paragraph 
                (1)(B), on the date of delivery of the vessel 
                to the owner.]
          [(5)] (3) Termination of effectiveness of 
        certificates.--A certificate of documentation issued 
        for a vessel under paragraph (1) shall expire[--
                  [(A) on the date of the sale of the vessel by 
                the owner;
                  [(B) on April 1, 1998, if the owner of the 
                vessel referred to in paragraph (1)(B) has not 
                entered into a contract for construction of a 
                vessel in accordance with the letter of intent 
                submitted to the Secretary under paragraph (3); 
                or
                  [(C) on such date as a contract referred to 
                in paragraph (2) is breached, rescinded, or 
                terminated (other than for completion of 
                performance of the contract) by the owner of 
                the vessel referred to in paragraph (1)(B).] on 
                the date of the sale of the vessel by the 
                owner.

           *       *       *       *       *       *       *

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