I 
109TH CONGRESS 
2D SESSION 
H. R. 5681 
To authorize appropriations for the Coast Guard for fiscal year 2007, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 26, 2006 
Mr. YOUNG of Alaska (for himself and Mr. LOBIONDO) introduced the fol-
lowing bill; which was referred to the Committee on Transportation and 
Infrastructure 
A BILL 
To authorize appropriations for the Coast Guard for fiscal 
year 2007, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Coast Guard Author-
ization 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. 
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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. 
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. Requirements. 
Sec. 307. Technical amendments to tonnage measurement law. 
Sec. 308. Seamen’s shoreside access. 
Sec. 309. Limitation on maritime liens on fishing permits. 
TITLE IV—MISCELLANEOUS PROVISIONS 
Sec. 401. Secure communications program. 
Sec. 402. Certificate of documentation for GALLANT LADY. 
Sec. 403. Temporary waiver. 
Sec. 404. Waiver. 
Sec. 405. Data. 
Sec. 406. Great Lakes Maritime Research Institute. 
Sec. 407. Inspection and certification of permanently moored vessels. 
Sec. 408. Competitive contracting for patrol boat replacement. 
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— 
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(A) $24,255,000 is authorized to be de-
rived 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, rebuild-
ing, and improvement of aids to navigation, shore 
and offshore facilities, vessels, and aircraft, includ-
ing equipment related thereto, $1,460,000,000, 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 Pollu-
tion Act of 1990, to remain available until ex-
pended; 
(B) $816,000,000 is authorized for acqui-
sition and construction of shore and offshore fa-
cilities, vessels, and aircraft, including equip-
ment related thereto, and other activities that 
constitute the Integrated Deepwater System; 
and 
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(C) 
$284,000,000 
is 
authorized 
for 
sustainment of legacy vessels and aircraft, in-
cluding equipment related thereto, and other 
activities that constitute the Integrated Deep-
water Systems. 
(3) To the Commandant of the Coast Guard for 
research, development, test, and evaluation of tech-
nologies, materials, and human factors directly relat-
ing to improving the performance of the Coast 
Guard’s mission in search and rescue, aids to navi-
gation, marine safety, marine environmental protec-
tion, enforcement of laws and treaties, ice oper-
ations, oceanographic research, and defense readi-
ness, $24,000,000, to remain available until ex-
pended, 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 appropria-
tions for this purpose), payments under the Retired 
Serviceman’s Family Protection and Survivor Ben-
efit Plans, and payments for medical care of retired 
personnel and their dependents under chapter 55 of 
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title 10, United States Code, $1,063,323,000, to re-
main 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 Al-
teration Program, $17,000,000. 
(6) For environmental compliance and restora-
tion at Coast Guard facilities (other than parts and 
equipment associated with operation and mainte-
nance), $12,000,000, to remain available until ex-
pended. 
(7) For the Coast Guard Reserve program, in-
cluding 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 per-
sonnel of 45,500 for the fiscal year ending on September 
30, 2007. 
(b) MILITARY TRAINING STUDENT LOADS.—For fis-
cal year 2007, the Coast Guard is authorized average mili-
tary training student loads as follows: 
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(1) For recruit and special training, 2,500 stu-
dent years. 
(2) For flight training, 125 student years. 
(3) For professional training in military and ci-
vilian 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 fol-
lowing: 
‘‘§ 153. Appointment of judges 
‘‘The Secretary may appoint civilian employees of the 
Department in which the Coast Guard is operating as ap-
pellate 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 amend-
ed— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before 
‘‘All orders’’; and 
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(2) by adding at the end the following: 
‘‘(b) ORDERS AND AGREEMENTS FOR INDUSTRIAL 
ACTIVITIES.—Under this section, the Coast Guard indus-
trial activities may accept orders and enter into reimburs-
able agreements with establishments, agencies, and de-
partments of the Department of Defense.’’. 
SEC. 203. REIMBURSEMENT FOR MEDICAL-RELATED TRAV-
EL EXPENSES. 
Chapter 13 of title 14, United States Code, is amend-
ed by adding at the end the following: 
‘‘§ 517. Reimbursement for medical-related travel ex-
penses for certain persons residing on is-
lands in the continental United States 
‘‘In any case in which a covered beneficiary (as de-
fined 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 re-
sides, the Secretary shall reimburse the reasonable travel 
expenses of the covered beneficiary and, when accompani-
ment by an adult is necessary, for a parent or guardian 
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of the covered beneficiary or another member of the cov-
ered 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: 
‘‘517. Reimbursement for medical-related travel expenses for certain persons re-
siding 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 fol-
lows: 
‘‘§ 42. Number and distribution of commissioned offi-
cers 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 in-
crease 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 commis-
sioned 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; 
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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 re-
duction to any other lower grade or combination 
of lower grades. 
‘‘(c) COMPUTATIONS.— 
‘‘(1) IN GENERAL.—The Secretary shall com-
pute, 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 cur-
rent active duty promotion list. 
‘‘(2) ROUNDING FRACTIONS.—Subject to sub-
section (a), in making the computations under para-
graph (1), any fraction shall be rounded to the near-
est whole number. 
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‘‘(3) TREATMENT OF OFFICERS SERVING OUT-
SIDE COAST GUARD.—The number of commissioned 
officers on the active duty promotion list serving 
with other Federal departments or agencies on a re-
imbursable basis or excluded under section 324(d) of 
title 49 shall not be counted against the total num-
ber of commissioned officers authorized to serve in 
each grade. 
‘‘(d) USE OF NUMBERS; TEMPORARY INCREASES.— 
The numbers resulting from computations under sub-
section (c) shall be, for all purposes, the authorized num-
ber 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 re-
serve components shall be prescribed by the Secretary.’’. 
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(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 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 pro-
motion 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 sub-
paragraph (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: 
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‘‘(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 para-
graph (4). 
SEC. 207. GRANTS TO INTERNATIONAL MARITIME ORGANI-
ZATIONS. 
Section 149 of title 14, United States Code, is 
amended by adding at the end the following: 
‘‘(c) GRANTS TO INTERNATIONAL MARITIME ORGA-
NIZATIONS.—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 
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of acquiring information or data about merchant vessel in-
spections, 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: 
‘‘§ 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 Presi-
dent 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 oper-
ation.’’. 
(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 fol-
lowing: 
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‘‘§ 99. Enforcement authority 
‘‘Subject to guidelines approved by the Secretary, 
members of the Coast Guard, in the performance of offi-
cial 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 en-
acted 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 sub-
section (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 head-
quarters 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 
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and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation 
of the Senate. 
TITLE III—SHIPPING AND 
NAVIGATION 
SEC. 301. VESSEL SIZE LIMITS. 
(a) LENGTH, TONNAGE, AND HORSEPOWER.—Sec-
tion 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 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. 2681-625) 
and is eligible for a fishery endorsement under 
section 12108 of this title.’’. 
(b) CONFORMING AMENDMENTS.— 
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(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.—Except as provided in para-
graph (4), the owner of a vessel eligible under sub-
section (a), (b), (c), (d), or (e) may rebuild or re-
place that vessel. The rebuilt or replacement vessel 
shall be eligible in the same manner under such sub-
section as the eligible vessel, documented with a fish-
ery endorsement under section 12108 of title 46, 
United States Code, and not be subject to any limi-
tations 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 rec-
ommend for approval by the Secretary such con-
servation and management measures in accordance 
with the Magnuson-Stevens Act as it considers nec-
essary to ensure that this subsection does not dimin-
ish the effectiveness of fishery management plans of 
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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 pursu-
ant 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 docu-
mented with a fishery endorsement pursuant to 
section 203(g) or 213(g) before the replacement 
vessel is documented with a fishery endorse-
ment under section 12108 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. 
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‘‘(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 12108 of title 46, United 
States Code, unless that vessel is also a replacement 
vessel described in paragraph (1).’’. 
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(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)’’; and 
(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)’’. 
(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; 
(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-
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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 average 
total pollock harvest for the vessel being 
removed for calendar years 1995, 1996, 
and 1997 and determined under the regu-
lations in effect on the date of removal of 
the vessel; 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-
tired 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 
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shall be permanently ineligible for a fishery 
endorsement, and any claim (including re-
lating 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 extin-
guished, unless such removed vessel is 
thereafter designated to replace a vessel to 
be removed pursuant to this paragraph. 
‘‘(ii) LIMITATION ON STATUTORY CON-
STRUCTION.—Nothing in this paragraph 
shall be construed to make a vessel re-
moved 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 partici-
pated, 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 by striking ‘‘a 
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fishing vessel.’’ and inserting ‘‘a fishing vessel unless 
the vessel is— 
‘‘(A) a rebuilt vessel under section 208(g) 
of the American Fisheries Act (title II of divi-
sion C of Public Law 105–277; 112 Stat. 
2681–627); or 
‘‘(B) a replacement vessel under such sec-
tion 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 
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(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 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. 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. 
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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 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. 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 
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CCOLEMAN on PROD1PC71 with BILLS
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 pro-
hibited 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
ASSESS-
MENT.—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. REQUIREMENTS. 
Section 608(c)(1) of the Coast Guard and Maritime 
Transportation Act of 2004 (46 U.S.C. 12106 note; 118 
Stat. 1057) is amended by striking the second sentence. 
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SEC. 307. TECHNICAL AMENDMENTS TO TONNAGE MEAS-
UREMENT 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.—Chapter 
145 of such title is amended by adding the following: 
‘‘§ 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 regu-
lations 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 
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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 sec-
tion.’’. 
SEC. 308. 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 organiza-
tions to board and depart the vessel through the facility 
in a timely manner at no cost to the individual. 
SEC. 309. 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: 
‘‘§ 31310. Limitation on maritime liens on fishing per-
mits 
‘‘(a) IN GENERAL.—A maritime lien shall not attach 
to a permit that— 
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‘‘(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 ac-
tion 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 Sec-
retary of Commerce to modify, suspend, revoke, or sanc-
tion 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.’’. 
TITLE IV—MISCELLANEOUS 
PROVISIONS 
SEC. 401. SECURE COMMUNICATIONS PROGRAM. 
There is authorized to be appropriated to the Com-
mandant of the Coast Guard $3,000,000 to improve 
boarding team communications through the use of a cryp-
tographic mesh overlay protocol. 
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