IIB 
109TH CONGRESS 
2D SESSION 
H. R. 5681 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 29, 2006 
Received 
NOVEMBER 13, 2006 
Read twice and referred to the Committee on Commerce, Science, and 
Transportation 
AN ACT 
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, 
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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. 
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. Coast Guard participation in the Armed Forces Retirement Home 
(AFRH) system. 
Sec. 206. Grants to international maritime organizations. 
Sec. 207. Emergency leave retention authority. 
Sec. 208. Enforcement authority. 
Sec. 209. Notification. 
Sec. 210. Repeal. 
Sec. 211. Maritime safety for nuclear power facilities located adjacent to navi-
gable 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. 
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Sec. 408. Patrol boat report. 
Sec. 409. Actions to address sexual harassment and violence at Coast Guard 
Academy. 
Sec. 410. Cruise ship demonstration project. 
Sec. 411. Crew wages on passenger vessels. 
Sec. 412. Technical corrections. 
TITLE V—MARPOL ANNEX VI IMPLEMENTATION 
Sec. 501. Short title. 
Sec. 502. References. 
Sec. 503. Definitions. 
Sec. 504. Applicability. 
Sec. 505. Administration and enforcement. 
Sec. 506. Certificates. 
Sec. 507. Reception facilities. 
Sec. 508. Inspections. 
Sec. 509. Amendments to the protocol. 
Sec. 510. Effect on other laws. 
Sec. 511. MARPOL technical corrections. 
TITLE I—AUTHORIZATION 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
Funds are authorized to be appropriated for fiscal 
year 2007 for necessary expenses of the Coast Guard as 
follows: 
(1) For the operation and maintenance of the 
Coast Guard, $5,680,000,000, of which— 
(A) $24,255,000 is authorized to be 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. 
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(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, $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 Pollu-
tion Act of 1990, to remain available until ex-
pended; 
(B) $1,419,223,000 is authorized for ac-
quisition and construction of shore and offshore 
facilities, vessels, and aircraft, including equip-
ment related thereto, and other activities that 
constitute the Integrated Deepwater System; 
and 
(C) $316,638,000 is authorized for conver-
sion and sustainment of legacy vessels and air-
craft, 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 tech-
nologies, materials, and human factors directly relat-
ing to improving the performance of the Coast 
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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 
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-
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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: 
(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. 
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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 
(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-
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able agreements with establishments, agencies, and de-
partments of the Department of Defense.’’. 
SEC. 203. REIMBURSEMENT FOR MEDICAL-RELATED TRAV-
EL EXPENSES. 
(a) IN GENERAL.—Chapter 13 of title 14, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 518. 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 
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: 
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‘‘518. 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; 
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. 
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‘‘(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. 
‘‘(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 
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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.’’. 
(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.’’. 
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SEC. 205. COAST GUARD PARTICIPATION IN THE ARMED 
FORCES RETIREMENT HOME (AFRH) SYSTEM. 
(a) IN GENERAL.—Section 1502 of the Armed 
Forces Retirement Home Act of 1991 (24 U.S.C. 401) 
is amended— 
(1) by striking paragraph (4); 
(2) in paragraph (5)— 
(A) by striking ‘‘and’’ at the end of 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: 
‘‘(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— 
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(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. 206. GRANTS TO INTERNATIONAL MARITIME ORGANI-
ZATIONS. 
Section 149 of title 14, United States Code, is 
amended— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before 
‘‘The President’’ ; and 
(2) by adding at the end the following: 
‘‘(b) GRANTS TO INTERNATIONAL MARITIME 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 
of acquiring information or data about merchant vessel in-
spections, security, safety, classification, and port state or 
flag state law enforcement or oversight.’’. 
SEC. 207. EMERGENCY LEAVE RETENTION AUTHORITY. 
(a) IN GENERAL.—Chapter 11 of title 14, United 
States Code, is amended by inserting after section 425 the 
following: 
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‘‘§ 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. 208. ENFORCEMENT AUTHORITY. 
(a) IN GENERAL.—Chapter 5 of title 14, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 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 
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‘‘(B) seize property as otherwise provided 
by law.’’. 
(b) CONFORMING REPEAL.—The first section added 
to title 46, United States Code, by the amendment made 
by subsection (a) of section 801 of the Coast Guard and 
Maritime Transportation Act of 2004 (118 Stat. 1078), 
and the item relating to such first section enacted by the 
amendment made by subsection (b) of such section 801, 
are repealed. 
(c) CLERICAL AMENDMENT.—The analysis for such 
chapter is amended by adding at the end the following: 
‘‘99. Enforcement authority.’’. 
SEC. 209. NOTIFICATION. 
The Secretary of the department in which the Coast 
Guard is operating may not transfer the permanent 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 
and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation 
of the Senate. 
SEC. 210. REPEAL. 
Section 216 of title 14, United States Code, and the 
item relating to such section in the analysis for chapter 
11 of such title, are repealed. 
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SEC. 211. MARITIME SAFETY FOR NUCLEAR POWER FACILI-
TIES 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 admin-
ister laws and promulgate and enforce regulations to as-
sure the maritime safety of nuclear power facilities located 
adjacent to navigable waters of the United States not spe-
cifically delegated by law to some other executive depart-
ment;’’. 
(b) COOPERATION WITH NRC.—Chapter 7 of such 
title is amended by inserting after section 147a the fol-
lowing: 
‘‘§ 147b. Nuclear regulatory commission 
‘‘(a) IN GENERAL.—The Commandant may enter 
into an agreement with the Chairman of the Nuclear Reg-
ulatory Commission to enhance the maritime safety of the 
navigable waters of the United States that are located ad-
jacent to a nuclear power plant. Such agreement shall pro-
vide for— 
‘‘(1) the exchange of certain information with 
the Chairman relating to the maritime safety of a 
nuclear power plant located adjacent to the navi-
gable waters of the United States; 
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‘‘(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 chap-
ter 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.—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); 
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(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 section 12108 of this title.’’. 
(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 2006 and ex-
cept as provided in paragraph (4), the owner of 
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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 12108 of title 46, 
United States Code. 
‘‘(B) SAME REQUIREMENTS.—The rebuilt 
or replacement vessel shall be eligible in the 
same manner and subject to the same 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 
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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 paragraphs (1), (2), and (3) of 
section 12102(c) of title 46, United States 
Code, a vessel that is eligible under subsection 
(a), (b), (c), (d), or (e) (other than paragraph 
(21)) and that qualifies to be documented with 
a fishery endorsement pursuant to section 
203(g) or 213(g) may be replaced with a re-
placement 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 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-
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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 12108 of title 46, United 
VerDate Aug 31 2005 
22:43 Nov 14, 2006
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