[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.
* * * * * * *
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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).
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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.
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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.
* * * * * * *
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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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