instruction at the Academy. Not more than 12 
individuals may receive instruction under this 
subsection at the same time, and not more than 
2 individuals from the same country may re-
ceive instruction under this subsection at the 
same time. 
‘‘(B) OTHER COUNTRIES GENERALLY.— 
‘‘(i) APPOINTMENT.—The Secretary, 
with the approval of the Secretary of 
State, may appoint individuals from coun-
tries other than the United States to re-
ceive instruction at the Academy. Not 
more than 20 individuals may receive in-
struction under this subsection at the same 
time. 
‘‘(ii) 
REIMBURSEMENT.—The 
Sec-
retary shall ensure that the country from 
which an individual comes under this sub-
section will reimburse the Secretary for the 
cost (as determined by the Secretary) of 
the instruction and allowances received by 
the individual at the Academy. 
‘‘(C) COMMITMENT.—Each individual at-
tending the Academy under this paragraph 
shall sign an agreement stating that the indi-
vidual, upon graduation, will accept an appoint-
ment, if tendered, as an officer in the Coast 
Guard of the country from which the individual 
comes for at least five years. 
‘‘(7) PROHIBITED BASIS FOR APPOINTMENT.— 
Preference may not be given to an individual for ap-
pointment as a cadet at the Academy because one or 
more members of the individual’s immediate family 
are alumni of the Academy.’’. 
(b) MINORITY RECRUITING PROGRAM.— 
(1) IN GENERAL.—Chapter 9 of title 14, United 
States Code, is amended by adding at the end the 
following new section: 
‘‘§ 197. Minority recruiting program 
‘‘The Secretary of the department in which the Coast 
Guard is operating shall establish a minority recruiting 
program for prospective cadets at the Coast Guard Acad-
emy. The program may include— 
‘‘(1) use of minority cadets and officers to pro-
vide information regarding the Coast Guard and the 
Academy to students in high schools; 
‘‘(2) sponsoring of trips to high school teachers 
and guidance counselors to the Academy; 
‘‘(3) to the extent authorized by the Secretary 
of the Navy, maximizing the use of the Naval Acad-
emy Preparatory School to prepare students to be 
cadets at the Coast Guard Academy; 
‘‘(4) recruiting minority members of the Coast 
Guard to attend the Academy; 
‘‘(5) establishment of a minority affairs office 
at the Academy; and 
‘‘(6) use of minority officers and members of 
the Coast Guard Reserve and Auxiliary to promote 
the Academy.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for that chapter is amended by adding at the 
end the following new item: 
‘‘197. Minority recruiting program.’’. 
SEC. 222. POLICY ON SEXUAL HARASSMENT AND SEXUAL 
VIOLENCE AT THE COAST GUARD ACADEMY. 
(a) REQUIRED POLICY.—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 Acad-
emy to prescribe a policy on sexual harassment and sexual 
violence applicable to the cadets and other personnel of 
the Academy. 
(b) MATTERS TO BE SPECIFIED IN POLICY.—The 
policy on sexual harassment and sexual violence prescribed 
under this section shall include specification of the fol-
lowing:
(1) Programs to promote awareness of the inci-
dence of rape, acquaintance rape, and other sexual 
offenses of a criminal nature that involve cadets or 
other Academy personnel. 
(2) Procedures that a cadet should follow in the 
case of an occurrence of sexual harassment or sexual 
violence, including— 
(A) if the cadet chooses to report an occur-
rence of sexual harassment or sexual violence, a 
specification of the person or persons to whom 
the alleged offense should be reported and the 
options for confidential reporting; 
(B) a specification of any other person 
whom the victim should contact; and 
(C) procedures on the preservation of evi-
dence potentially necessary for proof of criminal 
sexual assault. 
(3) Procedures for disciplinary action in cases 
of alleged criminal sexual assault involving a cadet 
or other Academy personnel. 
(4) Any other sanction authorized to be im-
posed in a substantiated case of sexual harassment 
or sexual violence involving a cadet or other Acad-
emy personnel in rape, acquaintance rape, or any
other criminal sexual offense, whether forcible or 
nonforcible. 
(5) Required training on the policy for all ca-
dets and other Academy personnel, including the 
specific training required for personnel who process 
allegations of sexual harassment or sexual violence 
involving Academy personnel. 
(c) ANNUAL ASSESSMENT.— 
(1) The Secretary, through the Commandant of 
the Coast Guard, shall direct the Superintendent of 
the Coast Guard Academy to conduct an assessment 
during each Academy program year to determine the 
effectiveness of the Academy’s policies, training, and 
procedures on sexual harassment and sexual violence 
involving cadets and other Academy personnel. 
(2) For the assessment for each of the 2009, 
2010, 2011, 2012, and 2013 Academy program 
years, the Superintendent shall conduct a survey of 
all Academy personnel— 
(A) to measure— 
(i) the incidence, during that program 
year, of sexual harassment and sexual vio-
lence events, on or off the Academy res-
ervation, that have been reported to offi-
cials of the Academy; and
(ii) the incidence, in that program 
year, of sexual harassment and sexual vio-
lence events, on or off the Academy res-
ervation, that have not been reported to of-
ficials of the Academy; and 
(B) to assess the perceptions of Academy 
personnel on— 
(i) the policies, training, and proce-
dures on sexual harassment and sexual vio-
lence involving Academy personnel; 
(ii) the enforcement of such policies; 
(iii) the incidence of sexual harass-
ment and violence involving Academy per-
sonnel in such program year; and 
(iv) any other issues relating to sexual 
harassment and violence involving Acad-
emy personnel. 
(d) ANNUAL REPORT.— 
(1) The Commandant of the Coast Guard shall 
direct the Superintendent of the Coast Guard Acad-
emy to submit to the Commandant a report on sex-
ual harassment and sexual violence involving Acad-
emy personnel for each of the 2009, 2010, 2011, 
2012, and 2013 Academy program years.
(2) The annual report 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 num-
ber of the reported cases that have been sub-
stantiated. 
(B) The policies, procedures, and processes 
implemented by the Commandant of the Coast 
Guard and the leadership of the Coast Guard 
Academy in response to sexual harassment and 
sexual violence involving Academy personnel 
during the program year. 
(C) In the report for the 2009 Academy 
program year, a discussion of the survey con-
ducted under subsection (b), together with an 
analysis of the results of the survey and a dis-
cussion of any initiatives undertaken on the 
basis of such results and analysis. 
(D) In the report for each of the subse-
quent 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 sexual violence involving Acad-
emy personnel. 
(3) The Commandant of the Coast Guard shall 
transmit the annual report on the Coast Guard 
Academy required under this subsection, together 
with the Commandant’s comments on the report, to 
the Secretary and the Board of Visitors of the Acad-
emy. 
(4) The Secretary shall transmit the annual re-
port, together with the Secretary’s comments on the 
report, to the Committee on Transportation and In-
frastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate. 
(5) The report for the 2009 Academy program 
year for the Academy shall be submitted to the Com-
mandant of the Coast Guard not later than one year 
after the date of the enactment of this Act. 
(6) In this subsection, the term ‘‘Academy pro-
gram year’’ with respect to a year, means the Acad-
emy program year that ends in that year.
SEC. 223. HOME PORT OF COAST GUARD VESSELS IN GUAM. 
Section 96 of title 14, United States Code, is amend-
ed— 
(1) by striking ‘‘a State of the United States’’ 
and inserting ‘‘the United States or Guam’’; and 
(2) by inserting ‘‘or Guam’’ after ‘‘outside the 
United States’’. 
TITLE III—SHIPPING AND 
NAVIGATION 
SEC. 301. VESSEL SIZE LIMITS. 
(a) LENGTH, TONNAGE, AND HORSEPOWER.—Sec-
tion 12113(d)(2) 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 subpara-
graph (A)(ii); 
(3) by striking subparagraph (A)(iii); 
(4) by striking the period at the end of sub-
paragraph (B) and inserting ‘‘; or’’; and 
(5) by inserting at the end the following: 
‘‘(C) the vessel is either a rebuilt vessel or 
a replacement vessel under section 208(g) of 
the American Fisheries Act (title II of division 
C of Public Law 105–277; 112 Stat. 2681–
627) and is eligible for a fishery endorsement 
under this section.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) 
VESSEL
REBUILDING
AND
REPLACE-
MENT.—Section 208(g) of the American Fisheries 
Act (title II of division C of Public Law 105–277; 
112 Stat. 2681–627) is amended to read as follows: 
‘‘(g) VESSEL REBUILDING AND REPLACEMENT.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REBUILD
OR
REPLACE.—Notwith-
standing any limitation to the contrary on re-
placing, rebuilding, or lengthening vessels or 
transferring permits or licenses to a replace-
ment vessel contained in sections 679.2 and 
679.4 of title 50, Code of Federal Regulations, 
as in effect on the date of enactment of the 
Coast Guard Authorization Act of 2008 and ex-
cept as provided in paragraph (4), the owner of 
a vessel eligible under subsection (a), (b), (c), 
(d), or (e) (other than paragraph (21)), in 
order to improve vessel safety and operational 
efficiencies (including fuel efficiency), may re-
build or replace that vessel (including fuel effi-
ciency) with a vessel documented with a fishery
endorsement under section 12113 of title 46, 
United States Code. 
‘‘(B) SAME REQUIREMENTS.—The rebuilt 
or replacement vessel shall be eligible in the 
same manner and subject to the same restric-
tions and limitations under such subsection as 
the vessel being rebuilt or replaced. 
‘‘(C) TRANSFER
OF
PERMITS
AND
LI-
CENSES.—Each fishing permit and license held 
by the owner of a vessel or vessels to be rebuilt 
or replaced under subparagraph (A) shall be 
transferred to the rebuilt or replacement vessel. 
‘‘(2) RECOMMENDATIONS
OF
NORTH
PACIFIC 
COUNCIL.—The North Pacific Council may rec-
ommend for approval by the Secretary such con-
servation and management measures, including size 
limits and measures to control fishing capacity, in 
accordance with the Magnuson-Stevens Act as it 
considers necessary to ensure that this subsection 
does not diminish the effectiveness of fishery man-
agement plans of the Bering Sea and Aleutian Is-
lands Management Area or the Gulf of Alaska. 
‘‘(3) SPECIAL
RULE
FOR
REPLACEMENT
OF 
CERTAIN VESSELS.—
‘‘(A) IN
GENERAL.—Notwithstanding the 
requirements of subsections (b)(2), (c)(1), and 
(c)(2) of section 12113 of title 46, United 
States Code, a vessel that is eligible under sub-
section (a), (b), (c), (d), or (e) (other than 
paragraph (21)) and that qualifies to be docu-
mented 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 12113 of title 46, United States 
Code. 
‘‘(B) APPLICABILITY.—A replacement ves-
sel under subparagraph (A) and its owner and 
mortgagee are subject to the same limitations 
under section 203(g) or 213(g) that are appli-
cable 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 Pa-
cific Council) established under section 302(a) 
of the Magnuson-Stevens Act. 
‘‘(B) COVERED VESSELS.—A covered ves-
sel referred to in subparagraph (A) is— 
‘‘(i) a vessel eligible under subsection 
(a), (b), or (c) that is replaced under para-
graph (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
ENDORSE-
MENTS.—Any vessel that is replaced under this sub-
section shall thereafter not be eligible for a fishery 
endorsement under section 12113 of title 46, United 
States Code, unless that vessel is also a replacement 
vessel described in paragraph (1). 
‘‘(6) GULF OF ALASKA LIMITATION.—Notwith-
standing paragraph (1), the Secretary shall prohibit 
from participation in the groundfish fisheries of the 
Gulf of Alaska any vessel that is rebuilt or replaced
under this subsection and that exceeds the maximum 
length overall specified on the license that authorizes 
fishing for groundfish pursuant to the license limita-
tion program under part 679 of title 50, Code of 
Federal Regulations, as in effect on the date of en-
actment of the Coast Guard Authorization Act of 
2008. 
‘‘(7) AUTHORITY OF PACIFIC COUNCIL.—Noth-
ing in this section shall be construed to diminish or 
otherwise affect the authority of the Pacific Council 
to recommend to the Secretary conservation and 
management measures to protect fisheries under its 
jurisdiction (including the Pacific whiting fishery) 
and participants in such fisheries from adverse im-
pacts caused by this Act.’’. 
(2) EXEMPTION
OF
CERTAIN
VESSELS.—Sec-
tion 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 TRAV-
ELER (United States official number 635986), 
and NORTHERN VOYAGER (United States 
official number 637398) (or a replacement ves-
sel for the NORTHERN VOYAGER that com-
plies with paragraphs (2), (5), and (6) of sec-
tion 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
PROVI-
SIONS.—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; and 
(B) by adding at the end the following: 
‘‘(7) FISHERY
COOPERATIVE
EXIT
PROVI-
SIONS.— 
‘‘(A) FISHING
ALLOWANCE
DETERMINA-
TION.—For purposes of determining the aggre-
gate percentage of directed fishing allowances 
under paragraph (1), when a catcher vessel is 
removed from the directed pollock fishery, the 
fishery allowance for pollock for the vessel being 
removed— 
‘‘(i) shall be based on the catch his-
tory determination for the vessel made
pursuant to section 679.62 of title 50, 
Code of Federal Regulations, as in effect 
on the date of enactment of the Coast 
Guard Authorization Act of 2008; and 
‘‘(ii) shall be assigned, for all pur-
poses under this title, in the manner speci-
fied by the owner of the vessel being re-
moved to any other catcher vessel or 
among other catcher vessels participating 
in the fishery cooperative if such vessel or 
vessels remain in the fishery cooperative 
for at least one year after the date on 
which the vessel being removed leaves the 
directed pollock fishery. 
‘‘(B) ELIGIBILITY FOR FISHERY ENDORSE-
MENT.—Except as provided in subparagraph 
(C), a vessel that is removed pursuant to this 
paragraph shall be permanently ineligible for a 
fishery endorsement, and any claim (including 
relating to catch history) associated with such 
vessel that could qualify any owner of such ves-
sel 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 re-
place a vessel to be removed pursuant to this 
paragraph. 
‘‘(C) LIMITATIONS
ON
STATUTORY
CON-
STRUCTION.—Nothing in this paragraph shall 
be construed— 
‘‘(i) to make the vessels AJ (United 
States official number 905625), DONA 
MARTITA (United States official number 
651751), NORDIC EXPLORER (United 
States 
official 
number 
678234), 
and 
PROVIDIAN (United States official num-
ber 1062183) ineligible for a fishery en-
dorsement or any permit necessary to par-
ticipate in any fishery under the authority 
of the New England Fishery Management 
Council or the Mid-Atlantic Fishery Man-
agement Council established, respectively, 
under subparagraphs (A) and (B) of sec-
tion 302(a)(1) of the Magnuson-Stevens 
Act; or 
‘‘(ii) to allow the vessels referred to in 
clause (i) to participate in any fishery 
under the authority of the Councils re-
ferred to in clause (i) in any manner that 
is not consistent with the fishery manage-
ment plan for the fishery developed by the 
Councils under section 303 of the Magnu-
son-Stevens Act.’’. 
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 para-
graph (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 com-
merce).’’. 
SEC. 303. 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 striking ‘‘That the’’ and inserting the 
following: 
‘‘(a) IN GENERAL.—The’’. 
(2) in subsection (a) (as designated by para-
graph (1)) by striking ‘‘$100; and the’’ and insert-
ing ‘‘up to $10,000. Each day during which a viola-
tion 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 ter-
ritorial sea of the United States as described in Presi-
dential Proclamation No. 5928 of December 27, 1988.’’. 
SEC. 304. MARITIME DRUG LAW ENFORCEMENT ACT 
AMENDMENT-SIMPLE POSSESSION. 
Section 70506 of title 46, United States Code, is 
amended by adding at the end the following: 
‘‘(c) SIMPLE POSSESSION.— 
‘‘(1) IN GENERAL.—Any individual on a vessel 
subject to the jurisdiction of the United States who 
is found by the Secretary, after notice and an oppor-
tunity for a hearing, to have knowingly or inten-
tionally 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 vio-
lation. The Secretary shall notify the individual in 
writing of the amount of the civil penalty. 
‘‘(2) DETERMINATION OF AMOUNT.—In deter-
mining 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. 
‘‘(3) TREATMENT OF CIVIL PENALTY ASSESS-
MENT.—Assessment of a civil penalty under this 
subsection shall not be considered a conviction for 
purposes of State or Federal law but may be consid-
ered proof of possession if such a determination is 
relevant.’’. 
SEC. 305. TECHNICAL AMENDMENTS TO TONNAGE MEAS-
UREMENT LAW. 
(a) DEFINITIONS.—Section 14101(4) of title 46, 
United States Code, is amended— 
(1) by striking ‘‘engaged’’ the first place it ap-
pears and inserting ‘‘that engages’’; 
(2) in subparagraph (A), by striking ‘‘arriving’’ 
and inserting ‘‘that arrives’’; 
(3) in subparagraph (B)— 
(A) by striking ‘‘making’’ and inserting 
‘‘that makes’’; and 
(B) by striking ‘‘(except a foreign vessel 
engaged on that voyage)’’;
(4) in subparagraph (C), by striking ‘‘depart-
ing’’ and inserting ‘‘that departs’’; and 
(5) in subparagraph (D), by striking ‘‘making’’ 
and inserting ‘‘that makes’’. 
(b) DELEGATION OF AUTHORITY.—Section 14103(c) 
of that title is amended by striking ‘‘intended to be en-
gaged on’’ and inserting ‘‘that engages on’’. 
(c) APPLICATION.—Section 14301 of that title is 
amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) Except as otherwise provided in this section, this 
chapter applies to any vessel for which the application of 
an international agreement or other law of the United 
States to the vessel depends on the vessel’s tonnage.’’; 
(2) in subsection (b)— 
(A) in paragraph (1), by striking the pe-
riod at the end and inserting ‘‘, unless the gov-
ernment of the country to which the vessel be-
longs elects to measure the vessel under this 
chapter.’’; 
(B) in paragraph (3), by inserting ‘‘of 
United States or Canadian registry or nation-
ality, or a vessel operated under the authority