[109th Congress Public Law 241]
[From the U.S. Government Printing Office]
[DOCID: f:publ241.109]
[[Page 515]]
COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2006
[[Page 120 STAT. 516]]
Public Law 109-241
109th Congress
An Act
To authorize appropriations for the Coast Guard for fiscal year 2006, to
make technical corrections to various laws administered by the Coast
Guard, and for other purposes. <<NOTE: July 11, 2006 - [H.R. 889]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Coast Guard and Maritime
Transportation Act of 2006. 14 USC 1 note.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coast Guard and Maritime
Transportation 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.
Sec. 103. Supplemental authorization of appropriations.
Sec. 104. Web-based risk management data system.
TITLE II--COAST GUARD
Sec. 201. Extension of Coast Guard vessel anchorage and movement
authority.
Sec. 202. International training and technical assistance.
Sec. 203. Officer promotion.
Sec. 204. Coast Guard band director.
Sec. 205. Authority for one-step turnkey design-build contracting.
Sec. 206. Reserve recall authority.
Sec. 207. Reserve officer distribution.
Sec. 208. Expansion of use of auxiliary equipment to support Coast Guard
missions.
Sec. 209. Coast Guard history fellowships.
Sec. 210. Icebreakers.
Sec. 211. Operation as a service in the Navy.
Sec. 212. Limitation on moving assets to St. Elizabeth's Hospital.
Sec. 213. Cooperative agreements.
Sec. 214. Biodiesel feasibility study.
Sec. 215. Boating safety director.
Sec. 216. Hangar at Coast Guard Air Station Barbers Point.
Sec. 217. Promotion of Coast Guard officers.
Sec. 218. Redesignation of Coast Guard law specialists as judge
advocates.
TITLE III--SHIPPING AND NAVIGATION
Sec. 301. Treatment of ferries as passenger vessels.
Sec. 302. Great Lakes pilotage annual ratemaking.
Sec. 303. Certification of vessel nationality in drug smuggling cases.
Sec. 304. LNG tankers.
Sec. 305. Use of maritime safety and security teams.
Sec. 306. Enhanced civil penalties for violations of provisions enacted
by the Coast Guard and Maritime Transportation Act of 2004.
[[Page 120 STAT. 517]]
Sec. 307. Training of cadets at United States Merchant Marine Academy.
Sec. 308. Reports from mortgagees of vessels.
Sec. 309. Determination of the Secretary.
Sec. 310. Setting, relocating, and recovering anchors.
Sec. 311. International tonnage measurement of vessels engaged in the
Aleutian trade.
Sec. 312. Riding gangs.
TITLE IV--MISCELLANEOUS
Sec. 401. Authorization of junior reserve officers training program
pilot program.
Sec. 402. Transfer.
Sec. 403. LORAN-C.
Sec. 404. Long-range vessel tracking system.
Sec. 405. Marine vessel and cold water safety education.
Sec. 406. Reports.
Sec. 407. Conveyance of decommissioned Coast Guard Cutter MACKINAW.
Sec. 408. Deepwater reports.
Sec. 409. Helicopters.
Sec. 410. Newtown Creek, New York City, New York.
Sec. 411. Report on technology.
Sec. 412. Assessment and planning.
Sec. 413. Homeport.
Sec. 414. Navigational safety of certain facilities.
Sec. 415. Port Richmond.
Sec. 416. Western Alaska community development quota program.
Sec. 417. Quota share allocation.
Sec. 418. Maine fish tender vessels.
Sec. 419. Automatic identification system.
Sec. 420. Voyage data recorder study and report.
Sec. 421. Distant water tuna fleet.
TITLE V--LIGHTHOUSES
Sec. 501. Transfer.
Sec. 502. Misty Fiords National Monument and Wilderness.
Sec. 503. Miscellaneous Light Stations.
Sec. 504. Inclusion of lighthouse in St. Marks National Wildlife Refuge,
Florida.
TITLE VI--DELAWARE RIVER PROTECTION AND MISCELLANEOUS OIL PROVISIONS
Sec. 601. Short title.
Sec. 602. Requirement to notify Coast Guard of release of objects into
the navigable waters of the United States.
Sec. 603. Limits on liability.
Sec. 604. Requirement to update Philadelphia Area Contingency Plan.
Sec. 605. Submerged oil removal.
Sec. 606. Assessment of oil spill costs.
Sec. 607. Delaware River and Bay Oil Spill Advisory Committee.
Sec. 608. Nontank vessels.
TITLE VII--HURRICANE RESPONSE
Sec. 701. Homeowners assistance for Coast Guard personnel affected by
Hurricanes Katrina or Rita.
Sec. 702. Temporary authorization to extend the duration of licenses,
certificates of registry, and merchant mariners' documents.
Sec. 703. Temporary authorization to extend the duration of vessel
certificates of inspection.
Sec. 704. Preservation of leave lost due to Hurricane Katrina
operations.
Sec. 705. Reports on impact to Coast Guard.
Sec. 706. Reports on impacts on navigable waterways.
TITLE VIII--OCEAN COMMISSION RECOMMENDATIONS
Sec. 801. Implementation of international agreements.
Sec. 802. Voluntary measures for reducing pollution from recreational
boats.
Sec. 803. Integration of vessel monitoring system data.
Sec. 804. Foreign fishing incursions.
TITLE IX--TECHNICAL CORRECTIONS
Sec. 901. Miscellaneous technical corrections.
Sec. 902. Correction of references to Secretary of Transportation and
Department of Transportation; related matters.
[[Page 120 STAT. 518]]
TITLE I--AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for fiscal year 2006 for
necessary expenses of the Coast Guard as follows:
(1) For the operation and maintenance of the Coast Guard,
$5,633,900,000, of which $24,500,000 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)).
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment related
thereto, $1,903,821,000, of which--
(A) $20,000,000 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, to
remain available until expended;
(B) $1,316,300,000 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 Systems; and
(C) $284,369,000 is authorized for 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 $3,500,000 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, $1,014,080,000, 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, $38,400,000.
(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, $119,000,000.
[[Page 120 STAT. 519]]
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, 2006.
(b) Military Training Student Loads.--For fiscal year 2006, 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.
SEC. 103. SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--In addition to amounts
provided to the Coast Guard from another Federal agency for
reimbursement of expenditures for Hurricane Katrina, there are
authorized to be appropriated to the Secretary of the department in
which the Coast Guard is operating the following amounts for
nonreimbursed expenditures:
(1) For the operation and maintenance of the Coast Guard in
responding to Hurricane Katrina, including search and rescue
efforts, clearing channels, and emergency response to oil and
chemical spills, and for increased costs of operation and
maintenance of the Coast Guard due to higher than expected fuel
costs, $300,000,000.
(2) For the acquisition, construction, renovation, and
improvement of aids to navigation, shore and offshore
facilities, and vessels and aircraft, including equipment
related thereto, related to damage caused by Hurricane Katrina,
$200,000,000.
(b) Construction With Other Funding.--The amounts authorized to be
appropriated by subsection (a) are in addition to any other amounts
authorized to be appropriated to the Secretary of the department in
which the Coast Guard is operating under any other provision of law.
(c) Availability.--The amounts made available under subsection (a)
shall remain available until expended.
SEC. 104. WEB-BASED RISK MANAGEMENT DATA SYSTEM.
There is authorized to be appropriated for each of fiscal years 2006
and 2007 to the Secretary of the department in which the Coast Guard is
operating $1,000,000 to continue deployment of a World Wide Web-based
risk management system to help reduce accidents and fatalities.
TITLE II--COAST GUARD
SEC. 201. EXTENSION OF COAST GUARD VESSEL ANCHORAGE AND MOVEMENT
AUTHORITY.
Section 91 of title 14, United States Code, is amended by adding at
the end the following new subsection:
``(d) 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.''.
[[Page 120 STAT. 520]]
SEC. 202. INTERNATIONAL TRAINING AND TECHNICAL ASSISTANCE.
(a) In General.--Section 149 of title 14, United States Code, is
amended--
(1) by amending the section heading to read as follows:
``Sec. 149. Assistance to foreign governments and maritime
authorities'';
(2) by inserting before the undesignated text the following:
``(a) Detail of Members to Assist Foreign Governments.--''; and
(3) by adding at the end the following new subsection:
``(b) Technical Assistance to Foreign Maritime Authorities.--The
Commandant, in coordination with the Secretary of State, may provide, in
conjunction with regular Coast Guard operations, technical assistance
(including law enforcement and maritime safety and security training) to
foreign navies, coast guards, and other maritime authorities.''.
(b) Clerical Amendment.--The item relating to such section in the
analysis at the beginning of chapter 7 of such title is amended to read
as follows:
``149. Assistance to foreign governments and maritime authorities''.
SEC. 203. OFFICER PROMOTION.
Section 257 of title 14, United States Code, is amended by adding at
the end the following new subsection:
``(f) The Secretary may waive subsection (a) to the extent necessary
to allow officers described therein to have at least two opportunities
for consideration for promotion to the next higher grade as officers
below the promotion zone.''.
SEC. 204. COAST GUARD BAND DIRECTOR.
(a) Band Director Appointment and Grade.--Section 336 of title 14,
United States Code, is amended--
(1) in subsection (b)--
(A) by striking the first sentence and inserting the
following: ``The Secretary may designate as the director
any individual determined by the Secretary to possess
the necessary qualifications.''; and
(B) in the second sentence, by striking ``a member
so designated'' and inserting ``an individual so
designated'';
(2) in subsection (c)--
(A) by striking ``of a member'' and inserting ``of
an individual''; and
(B) by striking ``of lieutenant (junior grade) or
lieutenant'' and inserting ``determined by the Secretary
to be most appropriate to the qualifications and
experience of the appointed individual'';
(3) in subsection (d) by striking ``A member'' and inserting
``An individual''; and
(4) in subsection (e)--
(A) by striking ``When a member's designation is
revoked,'' and inserting ``When an individual's
designation is revoked,''; and
(B) by striking ``option:'' and inserting ``option--
''.
(b) <<NOTE: 14 USC 336 note.>> Current Director.--The individual
serving as Coast Guard band director on the date of enactment of this
Act may be immediately promoted to a commissioned grade, not to exceed
captain,
[[Page 120 STAT. 521]]
determined by the Secretary of the department in which the Coast Guard
is operating to be most appropriate to the qualifications and experience
of that individual.
SEC. 205. AUTHORITY FOR ONE-STEP TURNKEY DESIGN-BUILD CONTRACTING.
(a) In General.--Chapter 17 of title 14, United States Code, is
amended by adding at the end the following new section:
``Sec. 677. Turnkey selection procedures
``(a) Authority to Use.--The Secretary may use one-step turnkey
selection procedures for the purpose of entering into contracts for
construction projects.
``(b) Definitions.--In this section, the following definitions
apply:
``(1) The term `one-step turnkey selection procedures' means
procedures used for the selection of a contractor on the basis
of price and other evaluation criteria to perform, in accordance
with the provisions of a firm fixed-price contract, both the
design and construction of a facility using performance
specifications supplied by the Secretary.
``(2) The term `construction' includes the construction,
procurement, development, conversion, or extension of any
facility.
``(3) The term `facility' means a building, structure, or
other improvement to real property.''.
(b) Clerical Amendment.--The analysis at the beginning of such
chapter is amended by inserting after the item relating to section 676
the following:
``677. Turnkey selection procedures''.
SEC. 206. RESERVE RECALL AUTHORITY.
Section 712 of title 14, United States Code, is amended--
(1) in subsection (a) by striking ``during a'' and inserting
``during a, or to aid in prevention of an imminent,'';
(2) in subsection (a) by striking ``or catastrophe,'' and
inserting ``catastrophe, act of terrorism (as defined in section
2(15) of the Homeland Security Act of 2002 (6 U.S.C. 101(15))),
or transportation security incident as defined in section 70101
of title 46,'';
(3) in subsection (a) by striking ``thirty days in any four-
month period'' and inserting ``60 days in any 4-month period'';
(4) in subsection (a) by striking ``sixty days in any two-
year period'' and inserting ``120 days in any 2-year period'';
and
(5) by adding at the end the following:
``(e) For purposes of calculating the duration of active duty
allowed pursuant to subsection (a), each period of active duty shall
begin on the first day that a member reports to active duty, including
for purposes of training.''.
SEC. 207. RESERVE OFFICER DISTRIBUTION.
Section 724 of title 14, United States Code, is amended--
(1) in subsection (a) by inserting after the first sentence
the following: ``Reserve officers on an active-duty list shall
not be counted as part of the authorized number of officers in
the Reserve.''; and
[[Page 120 STAT. 522]]
(2) in subsection (b) by striking all that precedes
paragraph (2) and inserting the following:
``(b)(1) <<NOTE: Computation.>> The Secretary shall make, at least
once each year, a computation to determine the number of Reserve
officers in an active status 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 in an active
status on the date the computation is made. The number of Reserve
officers in an active status below the grade of rear admiral (lower
half) shall be distributed by pay grade so as not to exceed percentages
of commissioned officers authorized by section 42(b) of this title. When
the actual number of Reserve officers in an active status in a
particular pay grade is less than the maximum percentage authorized, the
difference may be applied to the number in the next lower grade. A
Reserve officer may not be reduced in rank or grade solely because of a
reduction in an authorized number as provided for in this subsection, or
because an excess results directly from the operation of law.''.
SEC. 208. EXPANSION OF USE OF AUXILIARY EQUIPMENT TO SUPPORT COAST GUARD
MISSIONS.
(a) Use of Motorized Vehicles.--Section 826 of title 14, United
States Code, is amended--
(1) by inserting before the undesignated text the following:
``(a) Motor Boats, Yachts, Aircraft, and Radio Stations.--''; and
(2) by adding at the end the following new subsection:
``(b) Motor Vehicles.--The Coast Guard may utilize to carry out its
functions and duties as authorized by the Secretary any motor vehicle
(as defined in section 154 of title 23, United States Code) placed at
its disposition by any member of the Auxiliary, by any corporation,
partnership, or association, or by any State or political subdivision
thereof, to tow Federal Government property.''.
(b) Appropriations for Facilities.--Section 830(a) of such title is
amended by striking ``or radio station'' each place it appears and
inserting ``radio station, or motorized vehicle utilized under section
826(b)''.
SEC. 209. COAST GUARD HISTORY FELLOWSHIPS.
(a) Fellowships Authorized.--Chapter 9 of title 14, United States
Code, is amended by adding at the end the following:
``Sec. 198. Coast Guard history fellowships
``(a) Fellowships.--The Commandant of the Coast Guard may prescribe
regulations under which the Commandant may award fellowships in Coast
Guard history to individuals who are eligible under subsection (b).
``(b) Eligible Individuals.--An individual shall be eligible under
this subsection if the individual is a citizen or national of the United
States and--
``(1) is a graduate student in United States history;
``(2) has completed all requirements for a doctoral degree
other than preparation of a dissertation; and
``(3) agrees to prepare a dissertation in a subject area of
Coast Guard history determined by the Commandant.
[[Page 120 STAT. 523]]
``(c) Limitations.--The Commandant may award up to 2 fellowships
annually. The Commandant may not award any fellowship under this section
that exceeds $25,000 in any year.
``(d) Regulations.--The regulations prescribed under this section
shall include--
``(1) the criteria for award of fellowships;
``(2) the procedures for selecting recipients of
fellowships;
``(3) the basis for determining the amount of a fellowship;
and
``(4) subject to the availability of appropriations, the
total amount that may be awarded as fellowships during an
academic year.''.
(b) Clerical Amendment.--The analysis at the beginning of such
chapter is amended by adding at the end the following:
``198. Coast Guard history fellowships''.
SEC. 210. <<NOTE: 14 USC 93 note.>> ICEBREAKERS.
(a) Operation and Maintenance Plan.--Not <<NOTE: Deadline.>> 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 Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a plan--
(1) for operation and maintenance after fiscal year 2006 of
the Coast Guard polar icebreakers POLAR STAR, POLAR SEA, and
HEALY, that does not rely on the transfer of funds to the Coast
Guard by any other Federal agency; and
(2) for the long-term recapitalization of these assets.
(b) Necessary Measures.--The Secretary shall take all necessary
measures to ensure that the Coast Guard maintains, at a minimum, its
current vessel capacity for carrying out ice breaking in the Arctic and
Antarctic, Great Lakes, and New England regions, including the necessary
funding for operation and maintenance of such vessels, until it has
implemented the long-term recapitalization of the Coast Guard polar
icebreakers POLAR STAR, POLAR SEA, and HEALY in accordance with the plan
submitted under subsection (a).
(c) Reimbursement.--Nothing in this section shall preclude the
Secretary from seeking reimbursement for operation and maintenance costs
of such polar icebreakers from other Federal agencies and entities,
including foreign countries, that benefit from the use of the
icebreakers.
(d) Authorization of Appropriations.--There is authorized to be
appropriated for fiscal year 2006 to the Secretary of the department in
which the Coast Guard is operating $100,000,000 to carry out this
section with respect to the polar icebreakers referred to in subsection
(a).
SEC. 211. OPERATION AS A SERVICE IN THE NAVY.
Section 3 of title 14, United States Code, is amended by inserting
``if Congress so directs in the declaration'' after ``Upon the
declaration of war''.
SEC. 212. LIMITATION ON MOVING ASSETS TO ST. ELIZABETH'S HOSPITAL.
The Commandant of the Coast Guard may not move any Coast Guard
personnel, property, or other assets to the West Campus
[[Page 120 STAT. 524]]
of St. Elizabeth's Hospital until the Administrator of General Services
submits to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Environment and Public Works of the
Senate a plan--
(1) to provide road access to the site from Interstate Route
295;
(2) for the design of facilities for at least one Federal
agency other than the Coast Guard that would house no fewer than
2,000 employees at such location;
(3) to provide transportation of employees and visitors to
and from sites in the District of Columbia metropolitan area
that are located within close proximity to St. Elizabeth's
Hospital;
(4) for the construction, facade, and layout of the proposed
structures, including security considerations, parking
facilities, medical facilities, dining facilities, and physical
exercise facilities on the West Campus;
(5) that analyzes the costs of building restrictions,
planning considerations, and permitting requirements of
constructing new facilities on or near historic landmarks and
historic buildings (especially those known to possess medical
waste, lead paint, and asbestos);
(6) that analyzes the feasibility of relocating Coast Guard
Headquarters--
(A) to the Department of Transportation Headquarters
located at L'Enfant Plaza;
(B) to the Waterfront Mall Complex in Southwest
District of Columbia; and
(C) to 3 alternative sites requiring either new
construction or leasing of current facilities (other
than those referred to in subparagraphs (A) and (B))
within the District of Columbia metropolitan area that
accommodate the Coast Guard's minimum square footage
requirements; and
(7) that analyzes how a potential move to the West Campus of
St. Elizabeth's Hospital would impact--
(A) the Coast Guard's ability to access and
cooperatively work with the Department of Homeland
Security and the other Federal agencies of the
Department; and
(B) plans under consideration for relocating all or
parts of the headquarters of the Department of Homeland
Security and other offices of the Department.
SEC. 213. COOPERATIVE AGREEMENTS.
Not <<NOTE: Deadline. Reports.>> later than 180 days after the date
of enactment of this Act, the Secretary of the department in which the
Coast Guard is operating shall provide a report to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives on
opportunities for cost savings and operational efficiencies that can be
achieved through and the feasibility of colocating Coast Guard assets
and personnel at facilities of other armed forces throughout the United
States. The report shall--
(1) identify opportunities for cooperative agreements with
respect to siting of assets or operations that may be
established between the Coast Guard and any of the other armed
forces; and
[[Page 120 STAT. 525]]
(2) analyze anticipated costs and benefits, and operational
impacts associated with each site and such agreements.
SEC. 214. BIODIESEL FEASIBILITY STUDY.
(a) Study.--The Secretary of the department in which the Coast Guard
is operating shall conduct a study that examines the technical
feasibility, costs, and potential cost savings of using biodiesel fuel
in new and existing Coast Guard vehicles and vessels and that focuses on
the use of biodiesel fuel in ports which have a high density of vessel
traffic, including ports for which vessel traffic systems have been
established.
(b) Report.--Not later than one year after the date of enactment of
this Act, the Secretary shall submit a report containing the findings,
conclusions, and recommendations (if any) from the study to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives.
SEC. 215. BOATING SAFETY DIRECTOR.
(a) In General.--Subchapter A of chapter 11 of title 14, United
States Code, is amended by adding at the end the following:
``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.''.
(b) Clerical Amendment.--The analysis for such chapter is amended by
inserting after the item relating to section 215 the following:
``216. Director of Boating Safety Office''.
SEC. 216. <<NOTE: Hawaii. Deadline.>> HANGAR AT COAST GUARD AIR STATION
BARBERS POINT.
Not later than 180 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 proposal and cost analysis for constructing
an enclosed hangar at Air Station Barbers Point, Hawaii. The proposal
should ensure that the hangar has the capacity to shelter current
aircraft assets and those projected to be located at the station over
the next 20 years.
SEC. 217. PROMOTION OF COAST GUARD OFFICERS.
(a) In General.--Section 211(a) of title 14, United States Code, is
amended to read as follows:
``(a)(1) The President may appoint permanent commissioned officers
in the Regular Coast Guard in grades appropriate to their qualification,
experience, and length of service, as the needs of the Coast Guard may
require, from among the following categories:
``(A) Graduates of the Coast Guard Academy.
``(B) Commissioned warrant officers, warrant officers, and
enlisted members of the Regular Coast Guard.
``(C) Members of the Coast Guard Reserve who have served at
least 2 years as such.
``(D) Licensed officers of the United States merchant marine
who have served 2 or more years aboard a vessel of the United
States in the capacity of a licensed officer.
[[Page 120 STAT. 526]]
``(2) <<NOTE: President. Congress.>> Original appointments under
this section in the grades of lieutenant commander and above shall be
made by the President by and with the advice and consent of the Senate.
``(3) Original appointments under this section in the grades of
ensign through lieutenant shall be made by the President alone.''.
(b) Wartime Temporary Service Promotion.--Section 275(f) of such
title is amended by striking the second and third sentences and
inserting ``Original appointments under this section in the grades of
lieutenant commander and above shall be made by the President by and
with the advice and consent of the Senate. Original appointments under
this section in the grades of ensign through lieutenant shall be made by
the President alone.''.
SEC. 218. REDESIGNATION OF COAST GUARD LAW SPECIALISTS AS JUDGE
ADVOCATES.
(a) Definitions in Title 10.--Section 801 of title 10, United States
Code, is amended--
(1) by striking paragraph (11); and
(2) in paragraph (13) by striking subparagraph (C) and
inserting the following:
``(C) a commissioned officer of the Coast Guard
designated for special duty (law).''.
(b) Conforming Amendments.--
(1) Title 14.--Section 727 of title 14, United States Code,
is amended by striking ``law specialist'' and inserting ``judge
advocate''.
(2) Social security act.--Section 465(a)(2) of the Social
Security Act (42 U.S.C. 665(a)(2)) is amended by striking ``law
specialist'' and inserting ``judge advocate''.
TITLE III--SHIPPING AND NAVIGATION
SEC. 301. TREATMENT OF FERRIES AS PASSENGER VESSELS.
(a) Ferry Defined.--Section 2101 of title 46, United States Code, is
amended by inserting after paragraph (10a) the following:
``(10b) `ferry' means a vessel that is used on a regular
schedule--
``(A) to provide transportation only between places
that are not more than 300 miles apart; and
``(B) to transport only--
``(i) passengers; or
``(ii) vehicles, or railroad cars, that are
being used, or have been used, in transporting
passengers or goods.''.
(b) Passenger Vessels That Are Ferries.--Section 2101(22) of title
46, United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting ``; or''; and
(3) by adding at the end the following:
``(D) that is a ferry carrying a passenger.''.
(c) Small Passenger Vessels That Are Ferries.--Section 2101(35) of
title 46, United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D)
and inserting ``; or''; and
[[Page 120 STAT. 527]]
(3) by adding at the end the following:
``(E) that is a ferry carrying more than 6
passengers.''.
SEC. 302. GREAT LAKES PILOTAGE ANNUAL RATEMAKING.
Section 9303 of title 46, United States Code, is amended--
(1) in subsection (f) by inserting at the end the following:
``The <<NOTE: Deadlines.>> Secretary shall establish new
pilotage rates by March 1 of each year. The Secretary shall
establish base pilotage rates by a full ratemaking at least once
every 5 years and shall conduct annual reviews of such base
pilotage rates, and make adjustments to such base rates, in each
intervening year.''; and
(2) by adding at the end the following:
``(g) The Secretary shall ensure that a sufficient number of
individuals are assigned to carrying out subsection (f).''.
SEC. 303. CERTIFICATION OF VESSEL NATIONALITY IN DRUG SMUGGLING CASES.
Section 3(c)(2) of the Maritime Drug Law Enforcement Act (46 U.S.C.
App. 1903(c)(2)) is amended by striking the last two sentences and
inserting the following: ``The response of a foreign nation to a claim
of registry under subparagraph (A) or (C) may be made by radio,
telephone, or similar oral or electronic means, and is conclusively
proved by certification of the Secretary of State or the Secretary's
designee.''.
SEC. 304. LNG TANKERS.
(a) <<NOTE: 33 USC 1503 note.>> Program.--The Secretary of
Transportation shall develop and implement a program to promote the
transportation of liquefied natural gas to the United States on United
States flag vessels.
(b) Amendment to Deepwater Port Act.--Section 4 of the Deepwater
Port Act of 1974 (33 U.S.C. 1503) is amended by adding at the end the
following:
``(i) To promote the security of the United States, the Secretary
shall give top priority to the processing of a license under this Act
for liquefied natural gas facilities that will be supplied with
liquefied natural gas by United States flag vessels.''.
(c) Public Notice of LNG Vessel's Registry and Crew.--
(1) Plan submitted with application for deepwater port
license.--Section 5(c)(2) of the Deepwater Port Act of 1974 (33
U.S.C. 1504(c)(2)) is amended--
(A) by redesignating subparagraphs (K) and (L) as
subparagraphs (L) and (M), respectively; and
(B) by inserting after subparagraph (J) the
following:
``(K) the nation of registry for, and the
nationality or citizenship of officers and crew serving
on board, vessels transporting natural gas that are
reasonably anticipated to be servicing the deepwater
port;''.
(2) <<NOTE: 33 USC 1504 note.>> Information to be
provided.--When the Coast Guard is operating as a contributing
agency in the Federal Energy Regulatory Commission's shoreside
licensing process for a liquefied natural gas or liquefied
petroleum gas terminal located on shore or within State seaward
boundaries, the Coast Guard shall provide to the Commission the
information described in section 5(c)(2)(K) of the Deepwater
Port Act of 1974 (33 U.S.C. 1504(c)(2)(K)) with respect to
vessels reasonably anticipated to be servicing that port.
[[Page 120 STAT. 528]]
(d) Report.--Not <<NOTE: Deadline.>> later than 6 months after the
date of enactment of this Act, the Secretary of the department in which
the Coast Guard is operating shall submit a report on the implementation
of this section to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
SEC. 305. USE OF MARITIME SAFETY AND SECURITY TEAMS.
Section 70106(b)(8) of title 46, United States Code, is amended by
striking ``other security missions'' and inserting ``any other missions
of the Coast Guard''.
SEC. 306. ENHANCED CIVIL PENALTIES FOR VIOLATIONS OF PROVISIONS ENACTED
BY THE COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2004.
(a) Continuing Violations.--The section enumerated 70119 of title
46, United States Code, as redesignated and transferred by section
802(a)(1) of the Coast Guard and Maritime Transportation Security Act of
2004 (118 Stat. 1078), relating to civil penalty, is amended--
(1) by inserting ``(a) In General.--'' before ``Any'';
(2) by striking ``violation.'' and inserting ``day during
which the violation continues.''; and
(3) by adding at the end the following:
``(b) Continuing Violations.--The maximum amount of a civil penalty
for a violation under this section shall not exceed $50,000.''.
(b) Application of Civil Penalty Procedures.--Section 2107 of title
46, United States Code, is amended by striking ``this subtitle'' each
place it appears and inserting ``this subtitle or subtitle VII''.
SEC. 307. TRAINING OF CADETS AT UNITED STATES MERCHANT MARINE ACADEMY.
Section 1303(f) of the Merchant Marine Act, 1936 (46 App. U.S.C.
1295b(f)) is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) on any other vessel considered by the Secretary to be
necessary or appropriate or in the national interest.''.
SEC. 308. REPORTS FROM MORTGAGEES OF VESSELS.
Section 12120 of title 46, United States Code, is amended by
striking ``owners, masters, and charterers'' and inserting ``owners,
masters, charterers, and mortgagees''.
SEC. 309. DETERMINATION OF THE SECRETARY.
Section 70105(c) of title 46, United States Code, is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) Denial of waiver review.--
``(A) In general.--The Secretary shall establish a
review process before an administrative law judge for
individuals denied a waiver under paragraph (2).
``(B) Scope of review.--In conducting a review under
the process established pursuant to subparagraph (A),
the
[[Page 120 STAT. 529]]
administrative law judge shall be governed by the
standards of section 706 of title
5. <<NOTE: Applicability.>> The substantial evidence
standard in section 706(2)(E) of title 5 shall apply
whether or not there has been an agency hearing. The
judge shall review all facts on the record of the
agency.
``(C) Classified evidence.--
The <<NOTE: Regulations. Procedures.>> Secretary, in
consultation with the National Intelligence Director,
shall issue regulations to establish procedures by which
the Secretary, as part of a review conducted under this
paragraph, may provide to the individual adversely
affected by the determination an unclassified summary of
classified evidence upon which the denial of a waiver by
the Secretary was based.
``(D) Review of classified evidence by
administrative law judge.--
``(i) Review.--As part of a review conducted
under this section, if the decision of the
Secretary was based on classified information (as
defined in section 1(a) of the Classified
Information Procedures Act (18 U.S.C. App.)), such
information may be submitted by the Secretary to
the reviewing administrative law judge, pursuant
to appropriate security procedures, and shall be
reviewed by the administrative law judge ex parte
and in camera.
``(ii) Security clearances.--Pursuant to
existing procedures and requirements, the
Secretary, in coordination (as necessary) with the
heads of other affected departments or agencies,
shall ensure that administrative law judges
reviewing negative waiver decisions of the
Secretary under this paragraph possess security
clearances appropriate for such review.
``(iii) Unclassified summaries of classified
evidence.--As part of a review conducted under
this paragraph and upon the request of the
individual adversely affected by the decision of
the Secretary not to grant a waiver, the Secretary
shall provide to the individual and reviewing
administrative law judge, consistent with the
procedures established under clause (i), an
unclassified summary of any classified information
upon which the decision of the Secretary was
based.
``(E) New evidence.--The Secretary shall establish a
process under which an individual may submit a new
request for a waiver, notwithstanding confirmation by
the administrative law judge of the Secretary's initial
denial of the waiver, if the request is supported by
substantial evidence that was not available to the
Secretary at the time the initial waiver request was
denied.''.
SEC. 310. SETTING, RELOCATING, AND RECOVERING ANCHORS.
Section 12105 of title 46, United States Code, is amended by adding
at the end the following:
``(c)(1) Only a vessel for which a certificate of documentation with
a registry endorsement is issued may engage in--
``(A) the setting, relocation, or recovery of the anchors or
other mooring equipment of a mobile offshore drilling unit that
is located over the outer Continental Shelf (as defined
[[Page 120 STAT. 530]]
in section 2(a) of the Outer Continental Shelf Lands Act (43
U.S.C. 1331(a))); or
``(B) the transportation of merchandise or personnel to or
from a point in the United States from or to a mobile offshore
drilling unit located over the outer Continental Shelf that is
not attached to the seabed.
``(2) Nothing in paragraph (1) authorizes the employment in the
coastwise trade of a vessel that does not meet the requirements of
section 12106 of this title.''.
SEC. 311. INTERNATIONAL TONNAGE MEASUREMENT OF VESSELS ENGAGED IN THE
ALEUTIAN TRADE.
(a) General Inspection Exemption.--Section 3302(c)(2) of title 46,
United States Code, is amended to read as follows:
``(2) Except as provided in paragraphs (3) and (4) of this
subsection, the following fish tender vessels are exempt from section
3301(1), (6), (7), (11), and (12) of this title:
``(A) A vessel of not more than 500 gross tons as measured
under section 14502 of this title or an alternate tonnage
measured under section 14302 of this title as prescribed by the
Secretary under section 14104 of this title.
``(B) A vessel engaged in the Aleutian trade that is not
more than 2,500 gross tons as measured under section 14302 of
this title.''.
(b) Other Inspection Exemption and Watch Requirement.--Paragraphs
(3)(B) and (4) of section 3302(c) of title 46, United States Code, and
section 8104(o) of that title are each amended by striking ``or an
alternate tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this title'' and
inserting ``or less than 500 gross tons as measured under section 14502
of this title, or is less than 2,500 gross tons as measured under
section 14302 of this title''.
SEC. 312. RIDING GANGS.
(a) In General.--Chapter 81 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 8106. Riding gangs
``(a) In General.--The owner or managing operator of a freight
vessel of the United States on voyages covered by the International
Convention for Safety of Life at Sea, 1974 (32 UST 47m) shall--
``(1) ensure that--
``(A) subject to subsection (d), each riding gang
member on the vessel--
``(i) is a United States citizen or an alien
lawfully admitted to the United States for
permanent residence; or
``(ii) possesses a United States nonimmigrant
visa for individuals desiring to enter the United
States temporarily for business, employment-
related and personal identifying information, and
any other documentation required by the Secretary;
``(B) all required documentation for such member is
kept on the vessel and available for inspection by the
Secretary; and
``(C) each riding gang member is identified on the
vessel's crew list;
``(2) ensure that--
[[Page 120 STAT. 531]]
``(A) the owner or managing operator attests in a
certificate that the background of each riding gang
member has been examined and found to be free of any
credible information indicating a material risk to the
security of the vessel, the vessel's cargo, the ports
the vessel visits, or other individuals onboard the
vessel;
``(B) the background check consisted of a search of
all information reasonably available to the owner or
managing operator in the riding gang member's country of
citizenship and any other country in which the riding
gang member works, receives employment referrals, or
resides;
``(C) the certificate required under subparagraph
(A) is kept on the vessel and available for inspection
by the Secretary; and
``(D) the information derived from any such
background check is made available to the Secretary upon
request;
``(3) ensure that each riding gang member, while on board
the vessel, is subject to the same random chemical testing and
reporting regimes as crew members;
``(4) ensure that each such riding gang member receives
basic safety familiarization and basic safety training approved
by the Coast Guard as satisfying the requirements for such
training under the International Convention of Training,
Certification, and Watchkeeping for Seafarers, 1978;
``(5) prevent from boarding the vessel, or cause the removal
from the vessel at the first available port, and disqualify from
future service on board any other vessel owned or operated by
that owner or operator, any riding gang member--
``(A) who has been convicted in any jurisdiction of
an offense described in paragraph (2) or (3) of section
7703;
``(B) whose license, certificate of registry, or
merchant mariner's document has been suspended or
revoked under section 7704; or
``(C) who otherwise constitutes a threat to the
safety of the vessel;
``(6) ensure and certify to the Secretary that the sum of--
``(A) the number of riding gang members on board a
freight vessel, and
``(B) the number of individuals in addition to crew
permitted under section 3304,
does not exceed 12;
``(7) ensure that every riding gang member is employed on
board the vessel under conditions that meet or exceed the
minimum international standards of all applicable international
labor conventions to which the United States is a party,
including all of the merchant seamen protection and relief
provided under United States law; and
``(8) ensure that each riding gang member--
``(A) is supervised by an individual who holds a
license issued under chapter 71; and
``(B) only performs work in conjunction with
individuals who hold merchant mariners documents issued
under chapter 73 and who are part of the vessel's crew.
``(b) Permitted Work.--Subject to subsection (f), a riding gang
member on board a vessel to which subsection (a) applies who is neither
a United States citizen nor an alien lawfully admitted
[[Page 120 STAT. 532]]
to the United States for permanent residence may not perform any work on
board the vessel other than--
``(1) work in preparation of a vessel entering a shipyard
located outside of the United States;
``(2) completion of the residual repairs after departing a
shipyard located outside of the United States; or
``(3) technical in-voyage repairs, in excess of any repairs
that can be performed by the vessel's crew, in order to advance
the vessel's useful life without having to actually enter a
shipyard.
``(c) Workday Limit.--
``(1) In general.--The maximum number of days in any
calendar year that the owner or operator of a vessel to which
subsection (a) applies may employ on board riding gang members
who are neither United States citizens nor aliens lawfully
admitted to the United States for permanent residence for work
on board that vessel is 60 days. If the vessel is at sea on the
60th day, each riding gang member shall be discharged from the
vessel at the next port of call reached by the vessel after the
date on which the 60-workday limit is reached.
``(2) Calculation.--For the purpose of calculating the 60-
workday limit under this subsection, each day worked by a riding
gang member who is neither a United States citizen nor an alien
lawfully admitted to the United States for permanent residence
shall be counted against the limitation.
``(d) Exceptions for Warranty Work.--
``(1) In general.--Subsections (b), (c), (e), and (f) do not
apply to a riding gang member employed exclusively to perform,
and who performs only, work that is--
``(A) customarily performed by original equipment
manufacturers' technical representatives;
``(B) required by a manufacturer's warranty on
specific machinery and equipment; or
``(C) required by a contractual guarantee or
warranty on actual repairs performed in a shipyard
located outside of the United States.
``(2) Citizenship requirement.--
Subsection <<NOTE: Applicability.>> (a)(1)(A) applies only to a
riding gang member described in paragraph (1) who is on the
vessel when it calls at a United States port.
``(e) Recordkeeping.--In addition to the requirements of subsection
(a), the owner or managing operator of a vessel to which subsection (a)
applies shall ensure that all information necessary to ensure compliance
with this section, as determined by the Secretary, is entered into the
vessel's official logbook required by chapter 113.
``(f) Failure to Employ Qualified Available U.S. Citizens or
Residents.--
``(1) In general.--The owner or operator of a vessel to
which subsection (a) applies may not employ a riding gang member
who is neither a United States citizen nor an alien lawfully
admitted to the United States for permanent residence to perform
work described in subsection (b) unless the owner or operator
determines, in accordance with procedures established by the
Secretary to carry out section 8103(b)(3)(C), that there is not
a sufficient number of United States citizens or
[[Page 120 STAT. 533]]
individuals lawfully admitted to the United States for permanent
residence who are qualified and available for the work for which
the riding gang member is to be employed.
``(2) Civil penalty.--A violation of paragraph (1) is
punishable by a civil penalty of not more than $10,000 for each
day during which the violation continues.
``(3) Continuing violations.--The maximum amount of a civil
penalty for a violation under this subsection shall not exceed--
``(A) $50,000 if the violation occurs in fiscal year
2006;
``(B) $75,000 if the violation occurs in fiscal year
2007; and
``(C) $100,000 if the violation occurs after fiscal
year 2007.
``(4) Determination of amount.--In determining the amount of
the penalty, the Secretary shall take into account the nature,
circumstances, extent, and gravity of the violation committed
and, with respect to the violator, the degree of culpability,
the history of prior offenses, the ability to pay, and such
other matters as justice may require.
``(5) Compromise, modification, and remittal.--The Secretary
may compromise, modify, or remit, with or without conditions,
any civil penalty imposed under this section.''.
(b) Riding Gang Member Defined.--Section 2101 of such title is
amended by inserting after paragraph (26) the following:
``(26a) `riding gang member' means an individual who--
``(A) has not been issued a merchant mariner
document under chapter 73;
``(B) does not perform--
``(i) watchstanding, automated engine room
duty watch, or personnel safety functions; or
``(ii) cargo handling functions, including any
activity relating to the loading or unloading of
cargo, the operation of cargo-related equipment
(whether or not integral to the vessel), and the
handling of mooring lines on the dock when the
vessel is made fast or let go;
``(C) does not serve as part of the crew complement
required under section 8101;
``(D) is not a member of the steward's department;
and
``(E) is not a citizen or temporary or permanent
resident of a country designated by the United States as
a sponsor of terrorism or any other country that the
Secretary, in consultation with the Secretary of State
and the heads of other appropriate United States
agencies, determines to be a security threat to the
United States.''.
(c) Conforming Amendments.--
(1) Citizenship requirement.--Section 8103 of such title is
amended by adding at the end the following:
``(j) Riding Gang Member.--This section does not apply to an
individual who is a riding gang member.''.
(2) Application of chapter 103.--Section 10301(b) of such
title is amended by striking ``voyage.'' and inserting ``voyage
or to riding gang members.''.
[[Page 120 STAT. 534]]
(d) Clerical Amendment.--The analysis for chapter 81 of such title
is amended by adding at the end the following:
``8106. Riding gangs''.
TITLE IV--MISCELLANEOUS
SEC. 401. AUTHORIZATION OF JUNIOR RESERVE OFFICERS TRAINING PROGRAM
PILOT PROGRAM.
(a) In General.--The Secretary of the department in which the Coast
Guard is operating may carry out a pilot program to establish and
maintain a junior reserve officers training program in cooperation with
the Camden County High School in Camden County, North Carolina.
(b) Program Requirements.--The pilot program carried out by the
Secretary under this section shall provide to students at Camden County
High School--
(1) instruction in subject areas relating to operations of
the Coast Guard; and
(2) training in skills which are useful and appropriate for
a career in the Coast Guard.
(c) Provision of Additional Support.--To carry out the pilot program
under this section, the Secretary may provide to Camden County High
School--
(1) assistance in course development, instruction, and other
support activities; and
(2) necessary and appropriate course materials, equipment,
and uniforms.
(d) Employment of Retired Coast Guard Personnel.--
(1) In general.--Subject to paragraph (2) of this
subsection, the Secretary may authorize the Camden County High
School to employ, as administrators and instructors for the
pilot program, retired Coast Guard and Coast Guard Reserve
commissioned, warrant, and petty officers not on active duty who
request that employment and who are approved by the Secretary
and Camden County High School.
(2) Authorized pay.--
(A) In general.--Retired members employed under
paragraph (1) of this subsection are entitled to receive
their retired or retainer pay and an additional amount
of not more than the difference between--
(i) the amount the individual would be paid as
pay and allowance if the individual was considered
to have been ordered to active duty during the
period of employment; and
(ii) the amount of retired pay the individual
is entitled to receive during that period.
(B) Payment to school.--The Secretary shall pay to
Camden County High School an amount equal to one half of
the amount described in subparagraph (A), from funds
appropriated for such purpose.
(C) Not duty or duty training.--Notwithstanding any
other law, while employed under this subsection, an
individual is not considered to be on active-duty or
inactive-duty training.
[[Page 120 STAT. 535]]
SEC. 402. TRANSFER.
Section 602 of the Coast Guard and Maritime Transportation Act of
2004 (118 Stat. 1050) is amended--
(1) in subsection (b)(2) by striking ``to be conveyed'' and
all that follows through the period and inserting ``to be
conveyed to CAS Foundation, Inc. (a nonprofit corporation under
the laws of the State of Indiana).''; and
(2) in subsection (c)(1)(A) by inserting ``or, in the case
of the vessel described in subsection (b)(2) only, for
humanitarian purposes'' before the semicolon at the end.
SEC. 403. LORAN-C.
There are authorized to be appropriated to the Department of
Transportation, in addition to funds authorized for the Coast Guard for
operation of the LORAN-C system, for capital expenses related to LORAN-C
navigation infrastructure, $25,000,000 for fiscal year 2006 and
$25,000,000 for fiscal year 2007. The Secretary of Transportation may
transfer from the Federal Aviation Administration and other agencies of
the Department funds appropriated as authorized under this section in
order to reimburse the Coast Guard for related expenses.
SEC. 404. <<NOTE: 46 USC 70115 note.>> LONG-RANGE VESSEL TRACKING
SYSTEM.
(a) Pilot Project.--The Secretary of the department in which the
Coast Guard is operating, acting through the Commandant of the Coast
Guard, shall conduct a 3-year pilot program for long-range tracking of
up to 2,000 vessels using satellite systems with a nonprofit maritime
organization that has a demonstrated capability of operating a variety
of satellite communications systems providing data to vessel tracking
software and hardware that provides long-range vessel information to the
Coast Guard to aid maritime security and response to maritime
emergencies.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $4,000,000 for each of fiscal years 2006,
2007, and 2008 to carry out subsection (a).
SEC. 405. <<NOTE: 14 USC 93 note.>> MARINE VESSEL AND COLD WATER SAFETY
EDUCATION.
The Coast Guard shall continue cooperative agreements and
partnerships with organizations in effect on the date of enactment of
this Act that provide marine vessel safety training and cold water
immersion education and outreach programs for fishermen and children.
SEC. 406. REPORTS.
(a) Adequacy of Assets.--
(1) Review.--The Commandant of the Coast Guard shall review
the adequacy of assets and facilities described in subsection
(b) to carry out the Coast Guard's missions, including search
and rescue, illegal drug and migrant interdiction, aids to
navigation, ports, waterways and coastal security, marine
environmental protection, and fisheries law enforcement.
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the Commandant 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 that includes the findings of
the review and any recommendations to enhance
[[Page 120 STAT. 536]]
mission capabilities in those areas referred to in paragraph
(1).
(b) Areas of Review.--The report under subsection (a) shall provide
information and recommendations on the following assets:
(1) Coast Guard vessels and aircraft stationed in the
Commonwealth of Puerto Rico.
(2) Coast Guard vessels and aircraft stationed in the State
of Louisiana along the Lower Mississippi River between the Port
of New Orleans and the Red River.
(3) Coast Guard vessels and aircraft stationed in Coast
Guard Sector Delaware Bay.
(4) Physical infrastructure at Boat Station Cape May in the
State of New Jersey.
(c) Adequacy of Active-Duty Strength.--
(1) Review.--The Commandant of the Coast Guard shall review
the adequacy of the strength of active-duty personnel authorized
under section 102(a) of this Act to carry out the Coast Guard's
missions, including search and rescue, illegal drug and migrant
interdiction, aids to navigation, ports, waterways, and coastal
security, marine environmental protection, and fisheries law
enforcement.
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the Commandant 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 that includes the findings of
the review.
SEC. 407. CONVEYANCE OF DECOMMISSIONED COAST GUARD CUTTER MACKINAW.
(a) In General.--Upon <<NOTE: Icebreaker Mackinaw Maritime Museum,
Inc.>> the scheduled decommissioning of the Coast Guard Cutter MACKINAW,
the Commandant of the Coast Guard shall convey without consideration all
right, title, and interest of the United States in and to that vessel to
the Icebreaker Mackinaw Maritime Museum, Inc., located in the State of
Michigan if--
(1) the recipient agrees--
(A) to use the vessel for purposes of a museum;
(B) not to use the vessel for commercial
transportation purposes;
(C) to make the vessel available to the United
States Government if needed for use by the Commandant in
time of war or a national emergency; and
(D) to hold the Government harmless for any claims
arising from exposure to hazardous materials, including
asbestos and polychlorinated biphenyls (PCBs), after
conveyance of the vessel, except for claims arising from
the use by the Government under subparagraph (C);
(2) the recipient has funds available that will be committed
to operate and maintain the vessel conveyed in good working
condition, in the form of cash, liquid assets, or a written loan
commitment, and in an amount of at least $700,000; and
(3) the recipient agrees to any other conditions the
Commandant considers appropriate.
(b) Maintenance and Delivery of Vessel.--
[[Page 120 STAT. 537]]
(1) Maintenance.--Before conveyance of the vessel under this
section, the Commandant shall make, to the extent practical and
subject to other Coast Guard mission requirements, every effort
to maintain the integrity of the vessel and its equipment until
the time of delivery.
(2) Delivery.--If a conveyance is made under this section,
the Commandant shall deliver the vessel to a suitable mooring in
the local area, in its present condition, no sooner than June
15, 2006, and not later than 30 days after the date on which the
vessel is decommissioned.
(3) Treatment of conveyance.--The conveyance of the vessel
under this section shall not be considered a distribution in
commerce for purposes of section 6(e) of Public Law 94-469 (15
U.S.C. 2605(e)).
(c) Other Excess Equipment.--The Commandant may convey to the
recipient any excess equipment or parts from other decommissioned Coast
Guard vessels for use to enhance the vessel's operability and function
for purposes of a museum.
SEC. 408. <<NOTE: 14 USC 663 note.>> DEEPWATER REPORTS.
(a) Annual Deepwater Implementation Report.--Not later than 30 days
after the date of enactment of this Act and in conjunction with the
transmittal by the President of the budget of the United States for each
fiscal year thereafter, 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 on the implementation of the Integrated Deepwater Systems
Program, as revised in 2005 (in this section referred to as the
``Deepwater program''), that includes--
(1) a justification for how the projected number and
capabilities of each Deepwater program asset meets the revised
mission needs statement delivered as part of the Deepwater
program and the performance goals of the Coast Guard;
(2) a projection of the remaining operational lifespan of
each legacy asset;
(3) an identification of any changes to the Deepwater
program, including--
(A) any changes to the timeline for the acquisition
of each new asset and the phase out of legacy assets for
the life of the Deepwater program; and
(B) any changes to the costs for that fiscal year or
future fiscal years or the total costs of the Deepwater
program, including the costs of new and legacy assets;
(4) a justification for how any change to the Deepwater
program fulfills the mission needs statement for the Deepwater
program and performance goals of the Coast Guard;
(5) an identification of how funds in that fiscal year's
budget request will be allocated, including information on the
purchase of specific assets;
(6) a detailed explanation of how the costs of the legacy
assets are being accounted for within the Deepwater program;
(7) a description of how the Coast Guard is planning for the
integration of Deepwater program assets into the Coast Guard,
including needs related to shore-based infrastructure and human
resources; and
[[Page 120 STAT. 538]]
(8) a description of the competitive process conducted in
all contracts and subcontracts exceeding $2,500,000 awarded
under the Deepwater program.
(b) Deepwater Acceleration Report.--Not later than 30 days after the
date of enactment of this Act, the Secretary 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 on the acceleration of the current Deepwater
program acquisition timeline that reflects completion of the Deepwater
program in each of 10 years and 15 years and includes--
(1) a detailed explanation of the number and type of each
asset that would be procured for each fiscal year under each
accelerated acquisition timeline;
(2) the required funding for such completion under each
accelerated acquisition timeline;
(3) anticipated costs associated with legacy asset
sustainment for the Deepwater program under each accelerated
acquisition timeline;
(4) anticipated mission deficiencies, if any, associated
with the continued degradation of legacy assets in combination
with the procurement of new assets under each accelerated
acquisition timeline; and
(5) an evaluation of the overall feasibility of achieving
each accelerated acquisition timeline, including--
(A) contractor capacity;
(B) national shipbuilding capacity;
(C) asset integration into Coast Guard facilities;
(D) required personnel; and
(E) training infrastructure capacity on technology
associated with new assets.
(c) Oversight Report.--Not later than 90 days after the date of
enactment of this Act, the Commandant of the Coast Guard, in
consultation with the Government Accountability Office, 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 on the status of the Coast Guard's
implementation of the Government Accountability Office's recommendations
in its report, GAO-04-380, entitled ``Coast Guard Deepwater Program
Needs Increased Attention to Management and Contractor Oversight'',
including the dates by which the Coast Guard plans to complete
implementation of such recommendations if any of such recommendations
remain open as of the date the report is transmitted to the Committees.
(d) Independent Analysis of Revised Deepwater Plan.--The Secretary
may periodically, either through an internal review process or a
contract with an outside entity, conduct an analysis of all or part of
the Deepwater program and assess whether--
(1) the choice of assets and capabilities selected as part
of that program meets the Coast Guard's goals for performance
and minimizing total ownership costs; or
(2) additional or different assets should be considered as
part of that program.
SEC. 409. HELICOPTERS.
(a) Study.--The Secretary of the department in which the Coast Guard
is operating shall conduct a study that analyses the
[[Page 120 STAT. 539]]
potential impact on Coast Guard acquisitions of requiring that the Coast
Guard acquire only helicopters, or any major component of a helicopter,
that are constructed in the United States.
(b) Study Elements.--The study shall include--
(1) identification of additional costs or added benefits
that would result from the additional restrictions described in
subsection (a) on acquisitions from nondomestic sources,
including major components or subsystems;
(2) industrial impact on the United States of such
additional restrictions on acquisitions from nondomestic
sources;
(3) the contractual impact of such additional restrictions
on the Integrated Deepwater Systems Program and its platform
elements, including delivery interruptions in the program and
the subsequent mission impact of these delays; and
(4) identification of reasonable executive authorities to
waive such additional restrictions that the Secretary considers
essential in order to ensure continued mission performance of
the United States Coast Guard.
(c) Report.--Not later than one year after the date of enactment of
this Act, the Secretary shall submit a report on the results of the
study and any recommendations of the Secretary regarding such results to
the Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives.
SEC. 410. NEWTOWN CREEK, NEW YORK CITY, NEW YORK.
(a) Study.--Of the amounts provided under section 1012 of the Oil
Pollution Act of 1990 (33 U.S.C. 2712), the Administrator of the
Environmental Protection Agency shall conduct a study of public health
and safety concerns related to the pollution of Newtown Creek, New York
City, New York, caused by seepage of oil into Newtown Creek from
17,000,000 gallons of underground oil spills in Greenpoint, Brooklyn,
New York.
(b) Report.--Not later than one year after the date of enactment of
this Act, the Administrator shall submit a report containing the results
of the study to the Committee on Environment and Public Works and the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives.
SEC. 411. REPORT ON TECHNOLOGY.
Not later than 180 days after the date of enactment of this Act, the
Commandant of the Coast Guard 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 that includes an assessment of--
(1) the availability and effectiveness of software
information technology systems for port security and the data
evaluated, including data that has the ability to identify
shippers, inbound vessels, and their cargo for potential threats
to national security before it reaches United States ports,
specifically the software already tested or being tested at
Joint Harbor Operations Centers; and
(2) the costs associated with implementing such technology
at all Sector Command Centers, Joint Harbor Operations Centers,
and strategic defense and energy dependent ports.
[[Page 120 STAT. 540]]
SEC. 412. ASSESSMENT AND PLANNING.
There is authorized to be appropriated to the Maritime
Administration $400,000 to carry out an assessment of, and planning for,
the impact of an Arctic Sea Route on the indigenous people of Alaska.
SEC. 413. HOMEPORT.
(a) Study.--The Commandant of the Coast Guard shall conduct a study
to assess the current homeport arrangement of the Coast Guard polar
icebreaker HEALY to determine whether an alternative arrangement would
enhance the Coast Guard's capabilities to carry out the recommendation
to maintain dedicated, year-round icebreaker capability for the Arctic
that was included in the report prepared by the National Academy of
Sciences and entitled: ``Polar Icebreaker Roles and U.S. Future Needs: A
Preliminary Assessment (ISBN: 0-309-10069-0)''.
(b) Report.--Not later than one year after the date of enactment of
this Act, the Commandant shall report the findings of the study to the
Committee on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives.
SEC. 414. NAVIGATIONAL SAFETY OF CERTAIN FACILITIES.
(a) Consideration of Alternatives.--In <<NOTE: Deadline.>> reviewing
a lease, easement, or right-of-way for an offshore wind energy facility
in Nantucket Sound under section 8(p) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1337(p)), not later than 60 days before the date
established by the Secretary of the Interior for publication of a draft
environmental impact statement, the Commandant of the Coast Guard shall
specify the reasonable terms and conditions the Commandant determines to
be necessary to provide for navigational safety with respect to the
proposed lease, easement, or right-of-way and each alternative to the
proposed lease, easement, or right-of-way considered by the Secretary.
(b) Inclusion of Necessary Terms and Conditions.--In granting a
lease, easement, or right-of-way for an offshore wind energy facility in
Nantucket Sound under section 8(p) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1337(p)), the Secretary shall incorporate in the lease,
easement, or right-of-way reasonable terms and conditions the Commandant
determines to be necessary to provide for navigational safety.
SEC. 415. <<NOTE: Pennsylvania.>> PORT RICHMOND.
The Secretary of the department in which the Coast Guard is
operating, acting through the Commandant of the Coast Guard, may not
approve a security plan under section 70103(c) of title 46, United
States Code, for a liquefied natural gas import facility at Port
Richmond in Philadelphia, Pennsylvania, until the Secretary conducts a
vulnerability assessment under section 70102(b) of such title.
SEC. 416. WESTERN ALASKA COMMUNITY DEVELOPMENT QUOTA PROGRAM.
(a) Restatement of Existing Program Incorporating Certain Provisions
of Regulations.--Section 305(i) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1855(i)) is amended by
striking paragraph (1) and inserting the following:
[[Page 120 STAT. 541]]
``(1) Western alaska community development quota program.--
``(A) In general.--There is established the western
Alaska community development quota program in order--
``(i) to provide eligible western Alaska
villages with the opportunity to participate and
invest in fisheries in the Bering Sea and Aleutian
Islands Management Area;
``(ii) to support economic development in
western Alaska;
``(iii) to alleviate poverty and provide
economic and social benefits for residents of
western Alaska; and
``(iv) to achieve sustainable and diversified
local economies in western Alaska.
``(B) Program allocation.--
``(i) In general.--Except as provided in
clause (ii), the annual percentage of the total
allowable catch, guideline harvest level, or other
annual catch limit allocated to the program in
each directed fishery of the Bering Sea and
Aleutian Islands shall be the percentage approved
by the Secretary, or established by Federal law,
as of March 1, 2006, for the program. The
percentage for each fishery shall be either a
directed fishing allowance or include both
directed fishing and nontarget needs based on
existing practice with respect to the program as
of March 1, 2006, for each fishery.
``(ii) Exceptions.--Notwithstanding clause
(i)--
``(I) the allocation under the
program for each directed fishery of the
Bering Sea and Aleutian Islands (other
than a fishery for halibut, sablefish,
pollock, and crab) shall be a directed
fishing allocation of 10 percent upon
the establishment of a quota program,
fishing cooperative, sector allocation,
or other rationalization program in any
sector of the fishery; and
``(II) the allocation under the
program in any directed fishery of the
Bering Sea and Aleutian Islands (other
than a fishery for halibut, sablefish,
pollock, and crab) established after the
date of enactment of this subclause
shall be a directed fishing allocation
of 10 percent.
``(iii) Processing and other rights.--
Allocations to the program include all processing
rights and any other rights and privileges
associated with such allocations as of March 1,
2006.
``(iv) Regulation of harvest.--The harvest of
allocations under the program for fisheries with
individual quotas or fishing cooperatives shall be
regulated by the Secretary in a manner no more
restrictive than for other participants in the
applicable sector, including with respect to the
harvest of nontarget species.
``(C) Allocations to entities.--Each entity eligible
to participate in the program shall be authorized under
the program to harvest annually the same percentage of
each species allocated to the program under subparagraph
(B) that it was authorized by the Secretary to harvest
[[Page 120 STAT. 542]]
of such species annually as of March 1, 2006, except to
the extent that its allocation is adjusted under
subparagraph (H). Such allocation shall include all
processing rights and any other rights and privileges
associated with such allocations as of March 1, 2006.
``(D) Eligible villages.--The following villages
shall be eligible to participate in the program through
the following entities:
``(i) The villages of Akutan, Atka, False
Pass, Nelson Lagoon, Nikolski, and Saint George
through the Aleutian Pribilof Island Community
Development Association.
``(ii) The villages of Aleknagik, Clark's
Point, Dillingham, Egegik, Ekuk, Ekwok, King
Salmon/Savonoski, Levelock, Manokotak, Naknek,
Pilot Point, Port Heiden, Portage Creek, South
Naknek, Togiak, Twin Hills, and Ugashik through
the Bristol Bay Economic Development Corporation.
``(iii) The village of Saint Paul through the
Central Bering Sea Fishermen's Association.
``(iv) The villages of Chefornak, Chevak, Eek,
Goodnews Bay, Hooper Bay, Kipnuk, Kongiganak,
Kwigillingok, Mekoryuk, Napakiak, Napaskiak,
Newtok, Nightmute, Oscarville, Platinum,
Quinhagak, Scammon Bay, Toksook Bay, Tuntutuliak,
and Tununak through the Coastal Villages Region
Fund.
``(v) The villages of Brevig Mission, Diomede,
Elim, Gambell, Golovin, Koyuk, Nome, Saint
Michael, Savoonga, Shaktoolik, Stebbins, Teller,
Unalakleet, Wales, and White Mountain through the
Norton Sound Economic Development Corporation.
``(vi) The villages of Alakanuk, Emmonak,
Grayling, Kotlik, Mountain Village, and Nunam Iqua
through the Yukon Delta Fisheries Development
Association.
``(E) Eligibility requirements for participating
entities.--To be eligible to participate in the program,
an entity referred to in subparagraph (D) shall meet the
following requirements:
``(i) <<NOTE: Establishment.>> Board of
directors.--The entity shall be governed by a
board of directors. At least 75 percent of the
members of the board shall be resident fishermen
from the entity's member villages. The board shall
include at least one director selected by each
such member village.
``(ii) Panel representative.--The entity shall
elect a representative to serve on the panel
established by subparagraph (G).
``(iii) Other investments.--The entity may
make up to 20 percent of its annual investments in
any combination of the following:
``(I) For projects that are not
fishery-related and that are located in
its region.
``(II) On a pooled or joint
investment basis with one or more other
entities participating in the program
for projects that are not fishery-
[[Page 120 STAT. 543]]
related and that are located in one or
more of their regions.
``(III) For matching Federal or
State grants for projects or programs in
its member villages without regard to
any limitation on the Federal or State
share, or restriction on the source of
any non-Federal or non-State matching
funds, of any grant program under any
other provision of law.
``(iv) Fishery-related investments.--The
entity shall make the remainder percent of its
annual investments in fisheries-related projects
or for other purposes consistent with the
practices of the entity prior to March 1, 2006.
``(v) Annual statement of compliance.--Each
year the entity, following approval by its board
of directors and signed by its chief executive
officer, shall submit a written statement to the
Secretary and the State of Alaska that summarizes
the purposes for which it made investments under
clauses (iii) and (iv) during the preceding year.
``(vi) Other panel requirements.--The entity
shall comply with any other requirements
established by the panel under subparagraph (G).
``(F) Entity status, limitations, and regulation.--
The entity--
``(i) shall be subject to any excessive share
ownership, harvesting, or processing limitations
in the fisheries of the Bering Sea and Aleutian
Islands Management Area only to the extent of the
entity's proportional ownership, excluding any
program allocations, and notwithstanding any other
provision of law;
``(ii) shall comply with State of Alaska law
requiring annual reports to the entity's member
villages summarizing financial operations for the
previous calendar year, including general and
administrative costs and compensation levels of
the top 5 highest paid personnel;
``(iii) shall comply with State of Alaska laws
to prevent fraud that are administered by the
Alaska Division of Banking and Securities, except
that the entity and the State shall keep
confidential from public disclosure any
information if the disclosure would be harmful to
the entity or its investments; and
``(iv) is exempt from compliance with any
State law requiring approval of financial
transactions, community development plans, or
amendments thereto, except as required by
subparagraph (H).
``(G) Administrative panel.--
``(i) Establishment.--There is established a
community development quota program panel.
``(ii) Membership.--The panel shall consist of
6 members. Each entity participating in the
program shall select one member of the panel.
``(iii) Functions.--The panel shall--
``(I) administer those aspects of
the program not otherwise addressed in
this paragraph, either through private
contractual arrangement or
[[Page 120 STAT. 544]]
through recommendations to the North
Pacific Council, the Secretary, or the
State of Alaska, as the case may be; and
``(II) coordinate and facilitate
activities of the entities under the
program.
``(iv) Unanimity required.--The panel may act
only by unanimous vote of all 6 members of the
panel and may not act if there is a vacancy in the
membership of the panel.
``(H) Decennial review and adjustment of entity
allocations.--
``(i) In general.--During calendar year 2012
and every 10 years thereafter, the State of Alaska
shall evaluate the performance of each entity
participating in the program based on the criteria
described in clause (ii).
``(ii) Criteria.--The panel shall establish a
system to be applied under this subparagraph that
allows each entity participating in the program to
assign relative values to the following criteria
to reflect the particular needs of its villages:
``(I) Changes during the preceding
10-year period in population, poverty
level, and economic development in the
entity's member villages.
``(II) The overall financial
performance of the entity, including
fishery and nonfishery investments by
the entity.
``(III) Employment, scholarships,
and training supported by the entity.
``(IV) Achieving of the goals of the
entity's community development plan.
``(iii) Adjustment of allocations.--After the
evaluation required by clause (i), the State of
Alaska shall make a determination, on the record
and after an opportunity for a hearing, with
respect to the performance of each entity
participating in the program for the criteria
described in clause (ii). If the State determines
that the entity has maintained or improved its
overall performance with respect to the criteria,
the allocation to such entity under the program
shall be extended by the State for the next 10-
year period. If the State determines that the
entity has not maintained or improved its overall
performance with respect to the criteria--
``(I) at least 90 percent of the
entity's allocation for each species
under subparagraph (C) shall be extended
by the State for the next 10-year
period; and
``(II) the State may determine, or
the Secretary may determine (if State
law prevents the State from making the
determination), and implement an
appropriate reduction of up to 10
percent of the entity's allocation for
each species under subparagraph (C) for
all or part of such 10-year period.
``(iv) Reallocation of reduced amount.--If the
State or the Secretary reduces an entity's
allocation
[[Page 120 STAT. 545]]
under clause (iii), the reduction shall be
reallocated among other entities participating in
the program whose allocations are not reduced
during the same period in proportion to each such
entity's allocation of the applicable species
under subparagraph (C).
``(I) Secretarial approval not required.--
Notwithstanding any other provision of law or regulation
thereunder, the approval by the Secretary of a community
development plan, or an amendment thereof, under the
program is not required.
``(J) Community development plan defined.--In this
paragraph, the term `community development plan' means a
plan, prepared by an entity referred to in subparagraph
(D), for the program that describes how the entity
intends--
``(i) to harvest its share of fishery
resources allocated to the program, or
``(ii) to use its share of fishery resources
allocated to the program, and any revenue derived
from such use, to assist its member villages with
projects to advance economic development,
but does not include a plan that allocates fishery
resources to the program.''.
(b) <<NOTE: 16 USC 1855 note.>> No Interruption of Existing
Allocations.--The amendment made by subsection (a) shall not be
construed or implemented in a way that causes any interruption in the
allocations of fishery resources to the western Alaska community
development quota program or in the opportunity of an entity
participating in that program to harvest its share of such allocations.
(c) Loan Subsidies.--The last proviso under the heading ``National
Oceanic and Atmospheric Administration--operations, research, and
facilities'' in the Science, State, Justice, Commerce, and Related
Agencies Appropriations Act, 2006 (Public Law 109-108; 119 Stat. 2311-
2312) is amended--
(1) by striking ``for the cost of loans'' and inserting ``to
subsidize gross obligations for the principal amount of direct
loans, not to exceed a total of $200,000,000,''; and
(2) by striking ``use'' and inserting ``the purchase of all
or part of ownership interests in fishing or processing vessels,
shoreside fish processing facilities, permits, quota, and
cooperative rights''.
SEC. 417. QUOTA SHARE ALLOCATION.
(a) In General.-- The Secretary of Commerce shall modify the
Voluntary Three-Pie Cooperative Program for crab fisheries of the Bering
Sea and Aleutian Islands being implemented under section 313(j) of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1862(j)) to require that Blue Dutch, LLC, receives processor quota
shares units equal to 0.75 percent of the total number of processor
quota share units for each of the following fisheries: the Bristol Bay
red king crab fishery and the Bering Sea C. opilio crab fishery.
(b) Applicability.--The modification made under subsection (a) shall
apply with respect to each fishery referred to in subsection (a)
whenever the total allowable catch for that fishery is more than 2
percent higher than the most recent total allowable catch in effect for
that fishery prior to September 15, 2005.
[[Page 120 STAT. 546]]
(c) Savings Provision.--Nothing in this section affects the
authority of the North Pacific Fishery Management Council to submit, and
the Secretary of Commerce to implement, changes to or repeal of
conservation and management measures under section 313(j)(3)) of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1862(j)(3)).
(d) Regulations.--Not <<NOTE: Deadline.>> later than 60 days after
the date of enactment of this Act, the Secretary of Commerce shall issue
regulations to implement this section.
SEC. 418. MAINE FISH TENDER VESSELS.
The prohibition under section 27 of the Merchant Marine Act, 1920
(46 App. U.S.C. 883) against transportation of fish or shellfish between
places in the State of Maine by a vessel constructed in Canada shall not
apply to a vessel of less than 5 net tons if--
(1) the vessel was engaged in the transportation of fish or
shellfish between places in the State of Maine before January 1,
2005;
(2) before January 1, 2005, the owner of the vessel
transported fish or shellfish pursuant to a valid wholesale
seafood license issued under section 6851 of title 12 of the
Maine Revised Statutes;
(3) the vessel is owned by a person that meets the
citizenship requirements of section 2 of the Shipping Act, 1916
(46 U.S.C. App. 802); and
(4) <<NOTE: Deadline.>> not later than 180 days after the
date of enactment of this Act, the owner of the vessel submits
to the Secretary of the department in which the Coast Guard is
operating an affidavit certifying that the vessel and owner meet
the requirements of this section.
SEC. 419. <<NOTE: Deadlines. Grants.>> AUTOMATIC IDENTIFICATION SYSTEM.
(a) Prevention of Harmful Interference.--Not later than 60 days
after the date of enactment of this Act, the Secretary of the department
in which the Coast Guard is operating, acting through the Commandant of
the Coast Guard, may transfer $1,000,000 to the National
Telecommunications and Information Administration of the Department of
Commerce for the purposes of awarding, not later than 120 days after
such date of enactment, a competitive grant to design and develop a
prototype device that integrates a Class B Automatic Identification
System transponder (International Electrotechnical Commission standard
62287) with a wireless maritime data device approved by the Federal
Communications Commission with channel throughput greater than 19.2
kilobits per second to enable such wireless maritime data device to
provide wireless maritime data services, concurrent with the operation
of the transponder, on frequency channels adjacent to the frequency
channels on which the transponder operates, while minimizing or
eliminating the harmful interference between the transponder and such
wireless maritime data device. The design of the device developed under
this subsection shall be available for public use.
(b) Implementation of AIS.--It is the sense of the Senate, not later
than 60 days after the date of enactment of this Act, that the Federal
Communications Commission should resolve the disposition of its
rulemaking on the Automatic Information System and licensee use of
frequency bands 157.1875-157.4375 MHz and 161.7875-162.0375 MHz (RM-
10821, WT Docket Number 04-344).
[[Page 120 STAT. 547]]
The implementation of this section shall not delay the implementation of
an Automatic Identification System as required by section 70114 of title
46, United States Code, and international convention.
SEC. 420. VOYAGE DATA RECORDER STUDY AND REPORT.
(a) Study.--The Secretary of the department in which the Coast Guard
is operating shall study--
(1) the carriage of a voyage data recorder by a passenger
vessel described in section 2101(22)(D) of title 46, United
States Code, carrying more than 399 passengers; and
(2) standards for voyage data recorders, methods for
approval of models of voyage data recorders, and procedures for
annual performance testing of voyage data recorders.
(b) Consultation.--In conducting the study, the Secretary shall
consult, at a minimum, with manufacturers of voyage data recorders and
operators of potentially affected passenger vessels.
(c) Report.--Not later than one year after the date of enactment of
this Act, the Secretary 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 on the study's findings, including a proposal for legislation if
such a proposal is considered appropriate by the Secretary.
SEC. 421. DISTANT WATER TUNA FLEET.
(a) Manning Requirements.--Notwithstanding section 8103(a) of title
46, United States Code, United States purse seine fishing vessels
fishing exclusively for highly migratory species in the treaty area
under a fishing license issued pursuant to the 1987 Treaty on Fisheries
Between the Governments of Certain Pacific Islands States and the
Government of the United States of America, or transiting to or from the
treaty area exclusively for such purpose, may engage foreign citizens to
meet the manning requirement (except for the master) in the 48-month
period beginning on the date of enactment of this Act if, after timely
notice of a vacancy to meet the manning requirement, no United States
citizen personnel are readily available to fill such vacancy.
(b) Licensing Restrictions.--
(1) In general.--Subsection (a)(1) only applies to a foreign
citizen that holds a valid license or certificate issued--
(A) in accordance with the standards established by
the 1995 amendments to the Convention on Standards of
Training, Certification and Watchkeeping for Seafarers,
1978 (STCW 95); and
(B) by an authority that the Secretary of the
department in which the Coast Guard is operating
recognizes as imposing competency and training standards
equivalent to or exceeding those required for a United
States license issued under chapter 71 of title 46,
United States Code.
(2) Treatment of equivalent license.--An equivalent license
or certificate as recognized by the Secretary under paragraph
(1) shall be considered as meeting the requirements of section
8304 of title 46, United States Code, but only while a person
holding the license or certificate is in the service of a vessel
to which this section applies.
(c) Limitation.--Subsection (a) applies only to vessels operating in
and out of American Samoa.
[[Page 120 STAT. 548]]
(d) Expiration.--This section expires 48 months after the date of
enactment of this Act.
(e) Reports.--On March 1, 2007, and annually thereafter until the
date of expiration of this section, the Coast Guard and the National
Marine Fisheries Service shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the Committees
on Transportation and Infrastructure and Resources of the House of
Representatives, providing the following information on the United
States purse seine fleet referred to in subsection (a):
(1) The number and identity of vessels in the fleet using
foreign citizens to meet manning requirements pursuant to this
section and any marine casualties involving such vessel.
(2) The number of vessels in the fishery under United States
flag as of January 1 of the year in which the report is
submitted, the percentage ownership or control of such vessels
by non-United States citizens, and the nationality of such
ownership or control.
(3) Description of any transfers or sales of United States
flag vessels in the previous calendar year, and the disposition
of such vessel, including whether the vessel was scrapped or
sold, and, if sold, the nationality of the new owner and
location of any fishery to which the vessel will be transferred.
(4) Landings of tuna by vessels under flag in the 2 previous
calendar years, including an assessment of landing trends, and a
description of landing percentages and totals--
(A) delivered to American Samoa and any other port
in a State or territory of the United States; and
(B) delivered to ports outside of a State or
territory of the United States, including the identity
of the port.
(5) An evaluation of capacity and trends in the purse seine
fleet fishing in the area covered by the South Pacific Regional
Fisheries Treaty, and any transfer of capacity from such fleet
or area to other fisheries, including those governed under the
Western and Central Pacific Fisheries Convention and the Inter-
American Tropical Tuna Convention.
TITLE V--LIGHTHOUSES
SEC. 501. TRANSFER.
(a) <<NOTE: Alaska.>> Jurisdictional Transfers.--Administrative
jurisdiction over the National Forest System lands in the State of
Alaska described in subsection (b) and improvements situated on such
lands is transferred without consideration from the Secretary of
Agriculture to the Secretary of the department in which the Coast Guard
is operating.
(b) Areas Referred To.--The areas of lands referred to in subsection
(a) are the following:
(1) Guard island light station.--The area described in the
Guard Island Lighthouse reserve dated January 4, 1901,
comprising approximately 8.0 acres of National Forest uplands.
(2) Eldred rock light station.--The area described in the
December 30, 1975, listing of the Eldred Rock Light Station on
the National Register of Historic Places, comprising
approximately 2.4 acres.
[[Page 120 STAT. 549]]
(3) Mary island light station.--The area described as the
remaining National Forest System uplands in the Mary Island
Lighthouse Reserve dated January 4, 1901, as amended by Public
Land Order 6964, dated April 5, 1993, comprising approximately
1.07 acres.
(4) Cape hinchinbrook light station.--The area described in
the survey dated November 1, 1957, prepared for the Coast Guard
for the Cape Hinchinbrook Light Station comprising approximately
57.4 acres.
(c) Maps.--The Commandant of the Coast Guard, in consultation with
the Secretary of Agriculture, shall prepare and maintain maps of the
lands transferred by subsection (a), and such maps shall be on file and
available for public inspection in the Coast Guard District 17 office in
Juneau, Alaska.
(d) Effect of Transfer.--The lands transferred to the Secretary of
the department in which the Coast Guard is operating by subsection (a)--
(1) shall be administered by the Commandant of the Coast
Guard;
(2) shall be considered to be transferred from, and no
longer part of, the National Forest System; and
(3) shall be considered not suitable for return to the
public domain for disposition under the general public land
laws.
(e) Transfer of Land.--
(1) Requirement.--Subject to paragraph (2), the
Administrator of General Services, upon request by the Secretary
of Agriculture, shall transfer without consideration to the
Secretary of Agriculture any land identified in subsection (b),
together with the improvements thereon, for administration under
the laws pertaining to the National Forest System if--
(A) <<NOTE: Deadline.>> the Secretary of the
Interior cannot identify and select an eligible entity
for such land and improvements in accordance with
section 308(b)(2) of the National Historic Preservation
Act (16 U.S.C. 470w-7(b)(2)) not later than 3 years
after the date the Secretary of the department in which
the Coast Guard is operating determines that the land is
excess property, as that term is defined in section
102(3) of title 40, United States Code; or
(B) the land reverts to the United States pursuant
to section 308(c)(3) of the National Historic
Preservation Act (16 U.S.C. 470w-7(c)(3)).
(2) Reservations for aids to navigation.--Any action taken
under this subsection by the Administrator of General Services
shall be subject to any rights that may be reserved by the
Commandant of the Coast Guard for the operation and maintenance
of Federal aids to navigation.
(f) Notification; Disposal of Lands by the Administrator.--The
Administrator of General Services shall promptly notify the Secretary of
Agriculture upon the occurrence of any of the events described in
subparagraphs (A) and (B) of subsection (e)(1). <<NOTE: Deadline.>> If
the Secretary of Agriculture does not request a transfer as provided for
in subsection (e) not later than 90 days after the date of receiving
such notification from the Administrator, the Administrator may dispose
of the property in accordance with section 309 of the National Historic
Preservation Act (16 U.S.C. 470w-8) or other applicable surplus real
property disposal authority.
[[Page 120 STAT. 550]]
(g) Priority.--In selecting an eligible entity to which to convey
under section 308(b) of the National Historic Preservation Act (16
U.S.C. 470w-7(b)) land referred to in subsection (b), the Secretary of
the Interior shall give priority to an eligible entity (as defined in
section 308(e) of that Act) that is the local government of the
community in which the land is located.
SEC. 502. MISTY FIORDS NATIONAL MONUMENT AND WILDERNESS.
(a) Requirement to Transfer.--Notwithstanding section 308(b) of the
National Historic Preservation Act (16 U.S.C. 470w-7(b)), if the
Secretary of the department in which the Coast Guard is operating
determines that the Tree Point Light Station is no longer needed for the
purposes of the Coast Guard, the Secretary shall transfer without
consideration to the Secretary of Agriculture all administrative
jurisdiction over the Tree Point Light Station.
(b) Effectuation of Transfer.--The transfer pursuant to this section
shall be effectuated by a letter from the Secretary of the department in
which the Coast Guard is operating to the Secretary of Agriculture and,
except as provided in subsection (g), without any further requirements
for administrative or environmental analyses or examination. The
transfer shall not be considered a conveyance to an eligible entity
pursuant to section 308(b) of the National Historic Preservation Act (16
U.S.C. 470w-7(b)).
(c) Reservation for Aids to Navigation.--As part of the transfer
pursuant to this section, the Commandant of the Coast Guard may reserve
rights to operate and maintain Federal aids to navigation at the site of
the light station.
(d) Easements and Special Use Authorizations.--Notwithstanding any
other provision of law, including the Wilderness Act (16 U.S.C. 1131 et
seq.) and section 703 of the Alaska National Interests Lands
Conservation Act (16 U.S.C. 1132 note; 94 Stat. 2418), with respect to
the light station transferred pursuant to this section, the Secretary of
Agriculture--
(1) may identify an entity to be granted an easement or
other special use authorization and, in identifying the entity,
may consult with the Secretary of the Interior concerning the
application of policies for eligible entities developed pursuant
to subsection 308(b)(1) of the National Historic Preservation
Act (16 U.S.C. 470w-7(b)(1)); and
(2) may grant an easement or other special use authorization
to the entity, for no consideration, to approximately 31 acres
as described in the map entitled ``Tree Point Light Station'',
dated September 24, 2004, on terms and conditions that provide
for--
(A) maintenance and preservation of the structures
and improvements;
(B) the protection of wilderness and national
monument resources;
(C) public safety; and
(D) such other terms and conditions considered
appropriate by the Secretary of Agriculture.
(e) Actions Following Termination or Revocation.--The Secretary of
Agriculture may take such actions as are authorized under section 110(b)
of the National Historic Preservation Act (16 U.S.C. 470h-2(b)) with
respect to Tree Point Light Station if--
(1) <<NOTE: Deadline.>> no entity is identified under
subsection (d) within 3 years after the date on which
administrative jurisdiction is
[[Page 120 STAT. 551]]
transferred to the Secretary of Agriculture pursuant to this
section; or
(2) any easement or other special use authorization granted
under subsection (d) is terminated or revoked.
(f) Revocation of Withdrawals and Reservations.--Effective on the
date of transfer of administrative jurisdiction pursuant to this
section, the following public land withdrawals or reservations for light
station and lighthouse purposes on lands in Alaska are revoked as to the
lands transferred:
(1) The unnumbered Executive Order dated January 4, 1901, as
it affects the Tree Point Light Station site only.
(2) Executive Order No. 4410 dated April 1, 1926, as it
affects the Tree Point Light Station site only.
(g) Remediation Responsibilities not Affected.--Nothing in this
section shall affect any responsibilities of the Commandant of the Coast
Guard for the remediation of hazardous substances and petroleum
contamination at the Tree Point Light Station consistent with existing
law and regulations. The Commandant and the Secretary shall execute an
agreement to provide for the remediation of the land and structures at
the Tree Point Light Station.
SEC. 503. MISCELLANEOUS LIGHT STATIONS.
(a) Cape St. Elias Light Station.--For purposes of section 416(a)(2)
of the Coast Guard Authorization Act of 1998 (112 Stat. 3435), the Cape
St. Elias Light Station shall comprise approximately 10 acres in fee,
along with additional access easements issued without consideration by
the Secretary of Agriculture, as generally described in the map entitled
``Cape St. Elias Light Station'', dated September 14, 2004. The
Secretary of the department in which the Coast Guard is operating shall
keep such map on file and available for public inspection.
(b) Point Wilson Lighthouse.--Section 325(c)(3) of the Coast Guard
Authorization Act of 1993 (107 Stat. 2432) is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting after subparagraph (B) the following:
``(C) all housing units and related structures
associated with the lighthouse; and''.
SEC. 504. <<NOTE: 16 USC 668dd note.>> INCLUSION OF LIGHTHOUSE IN ST.
MARKS NATIONAL WILDLIFE REFUGE, FLORIDA.
(a) Revocation of Executive Order Dated November 12, 1838.--Any
reservation of public land described in subsection (b) for lighthouse
purposes by the Executive Order dated November 12, 1838, as amended by
Public Land Order 5655, dated January 9, 1979, is revoked.
(b) Description of Land.--The public land referred to in subsection
(a) consists of approximately 8.0 acres within the external boundaries
of St. Marks National Wildlife Refuge in Wakulla County, Florida, that
is east of the Tallahassee Meridian, Florida, in Township 5 South, Range
1 East, Section 1 (fractional) and containing all that remaining portion
of the unsurveyed fractional section, more particularly described as
follows: A parcel of land, including submerged areas, beginning at a
point which marks the center of the light structure, thence due North
(magnetic) a distance of 350 feet to the point of beginning a strip of
land 500 feet in width, the axial centerline of which runs from the
point of
[[Page 120 STAT. 552]]
beginning due South (magnetic) a distance of 700 feet, more or less, to
the shoreline of Apalachee Bay, comprising 8.0 acres, more or less, as
shown on the plat dated January 2, 1902, by Office of L. H. Engineers,
7th and 8th District, Mobile, Alabama.
(c) Transfer of Administrative Jurisdiction.--
(1) In general.--Subject to subsection (f) and paragraph
(2), administrative jurisdiction over the public land described
in subsection (b), and over all improvements located thereon, is
transferred without reimbursement from the department in which
the Coast Guard is operating to the Secretary of the Interior.
(2) Response and restoration.--The transfer under paragraph
(1) may not be made to the Secretary of the Interior until the
Coast Guard has completed any response and restoration action
necessary under subsection (d)(1).
(d) Responsibility for Environmental Response Actions.--The Coast
Guard shall have sole responsibility in the Federal Government to fund
and conduct any response or restoration action required under any
applicable Federal or State law or implementing regulation to address--
(1) a release or threatened release on or originating from
public land described in subsection (b) of any hazardous
substance, pollutant, contaminant, petroleum, or petroleum
product or derivative that is located on such land on the date
of enactment of this Act; or
(2) any other release or threatened release on or
originating from public land described in subsection (b) of any
hazardous substance, pollutant, contaminant, petroleum, or
petroleum product or derivative, that results from any Coast
Guard activity occurring after the date of enactment of this
Act.
(e) Inclusion in Refuge.--
(1) Inclusion.--The public land described in subsection (b)
shall be part of St. Marks National Wildlife Refuge.
(2) Administration.--Subject to this subsection, the
Secretary of the Interior shall administer the public land
described in subsection (b)--
(A) through the Director of the United States Fish
and Wildlife Service; and
(B) in accordance with the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C. 668dd et
seq.) and such other laws as apply to Federal real
property under the sole jurisdiction of the United
States Fish and Wildlife Service.
(f) Maintenance of Navigation Functions.--The transfer by subsection
(c), and the administration of the public land described in subsection
(b), shall be subject to such conditions and restrictions as the
Secretary of the department in which the Coast Guard is operating
considers necessary to ensure that--
(1) the Federal aids to navigation located at St. Marks
National Wildlife Refuge continue to be operated and maintained
by the Coast Guard for as long as they are needed for
navigational purposes;
(2) the Coast Guard may remove, replace, or install any
Federal aid to navigation at the St. Marks National Wildlife
Refuge as may be necessary for navigational purposes;
(3) the United States Fish and Wildlife Service will not
interfere or allow interference in any manner with any Federal
[[Page 120 STAT. 553]]
aid to navigation, and will not hinder activities required for
the operation and maintenance of any Federal aid to navigation,
without express written approval by the Secretary of the
department in which the Coast Guard is operating; and
(4) the Coast Guard may enter, at any time, the St. Marks
National Wildlife Refuge, without notice, for purposes of
operating, maintaining, and inspecting any Federal aid to
navigation and ensuring compliance with this subsection, to the
extent that it is not possible to provide advance notice.
TITLE <<NOTE: Delaware River Protection Act of 2006.>> VI--DELAWARE
RIVER PROTECTION AND MISCELLANEOUS OIL PROVISIONS
SEC. 601. <<NOTE: 33 USC 2701 note.>> SHORT TITLE.
This title may be cited as the ``Delaware River Protection Act of
2006''.
SEC. 602. REQUIREMENT TO NOTIFY COAST GUARD OF RELEASE OF OBJECTS INTO
THE NAVIGABLE WATERS OF THE UNITED STATES.
The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) is
amended by adding at the end the following:
``SEC. 15. <<NOTE: 33 USC 1232b.>> REQUIREMENT TO NOTIFY COAST GUARD OF
RELEASE OF OBJECTS INTO THE NAVIGABLE WATERS OF THE UNITED
STATES.
``(a) Requirement.--As soon as a person has knowledge of any release
from a vessel or facility into the navigable waters of the United States
of any object that creates an obstruction prohibited under section 10 of
the Act of March 3, 1899, popularly known as the Rivers and Harbors
Appropriations Act of 1899 (33 U.S.C. 403), such person shall notify the
Secretary and the Secretary of the Army of such release.
``(b) Restriction on Use of Notification.--Any notification provided
by an individual in accordance with subsection (a) may not be used
against such individual in any criminal case, except a prosecution for
perjury or for giving a false statement.''.
SEC. 603. LIMITS ON LIABILITY.
(a) Adjustment of Liability Limits.--
(1) Tank vessels.--Section 1004(a)(1) of the Oil Pollution
Act of 1990 (33 U.S.C. 2704(a)(1)) is amended by striking
subparagraphs (A) and (B) and inserting the following:
``(A) with respect to a single-hull vessel,
including a single-hull vessel fitted with double sides
only or a double bottom only, $3,000 per gross ton;
``(B) with respect to a vessel other than a vessel
referred to in subparagraph (A), $1,900 per gross ton;
or
``(C)(i) with respect to a vessel greater than 3,000
gross tons that is--
``(I) a vessel described in subparagraph (A),
$22,000,000; or
``(II) a vessel described in subparagraph (B),
$16,000,000; or
[[Page 120 STAT. 554]]
``(ii) with respect to a vessel of 3,000 gross tons
or less that is--
``(I) a vessel described in subparagraph (A),
$6,000,000; or
``(II) a vessel described in subparagraph (B),
$4,000,000;''.
(2) Other vessels.--Section 1004(a)(2) of such <<NOTE: 33
USC 2704.>> Act (33 U.S.C. 2794(a)(2)) is amended--
(A) by striking ``$600 per gross ton'' and inserting
``$950 per gross ton''; and
(B) by striking ``$500,000'' and inserting
``$800,000,''.
(3) <<NOTE: 33 USC 2704 note.>> Limitation on application.--
In the case of an incident occurring before the 90th day
following the date of enactment of this Act, section 1004(a)(1)
of the Oil Pollution Act of 1990 (33 U.S.C. 2704(a)(1)) shall
apply as in effect immediately before the effective date of this
subsection.
(b) Adjustment to Reflect Consumer Price Index.--Section 1004(d)(4)
of the Oil Pollution Act of 1990 (33 U.S.C. 2704(d)(4)) is amended to
read as follows:
``(4) Adjustment to reflect consumer price index.--
The <<NOTE: President. Regulations. Deadline.>> President, by
regulations issued not later than 3 years after the date of
enactment of the Delaware River Protection Act of 2006 and not
less than every 3 years thereafter, shall adjust the limits on
liability specified in subsection (a) to reflect significant
increases in the Consumer Price Index.''.
(c) <<NOTE: 33 USC 2704 note.>> Report.--
(1) Initial report.--Not later than 45 days after the date
of enactment of this Act, the Secretary of the department in
which the Coast Guard is operating shall submit a report on
liability limits described in paragraph (2) to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives.
(2) Contents.--The report shall include, at a minimum, the
following:
(A) An analysis of the extent to which oil
discharges from vessels and nonvessel sources have or
are likely to result in removal costs and damages (as
defined in section 1001 of the Oil Pollution Act of 1990
(33 U.S.C. 2701)) for which no defense to liability
exists under section 1003 of such Act and that exceed
the liability limits established in section 1004 of such
Act, as amended by this section.
(B) An analysis of the impacts that claims against
the Oil Spill Liability Trust Fund for amounts exceeding
such liability limits will have on the Fund.
(C) Based on analyses under this paragraph and
taking into account other factors impacting the Fund,
recommendations on whether the liability limits need to
be adjusted in order to prevent the principal of the
Fund from declining to levels that are likely to be
insufficient to cover expected claims.
(3) Annual updates.--The Secretary shall provide an update
of the report to the Committees referred to in paragraph (1) on
an annual basis.
[[Page 120 STAT. 555]]
SEC. 604. <<NOTE: Deadline.>> REQUIREMENT TO UPDATE PHILADELPHIA AREA
CONTINGENCY PLAN.
Not later than one year after the date of enactment of this Act and
not less than annually thereafter, the Philadelphia Area Committee
established under section 311(j)(4) of the Federal Water Pollution
Control Act (33 U.S.C. 1321(j)(4)) shall review and revise the
Philadelphia Area Contingency Plan to include available data and
biological information on environmentally sensitive areas of the
Delaware River and Delaware Bay that has been collected by Federal and
State surveys.
SEC. 605. SUBMERGED OIL REMOVAL.
(a) Amendments.--Title VII of the Oil Pollution Act of 1990 is
amended--
(1) in section 7001(c)(4)(B) (33 U.S.C. 2761(c)(4)(B)) by
striking ``RIVERA,'' and inserting ``RIVERA and the T/V ATHOS
I,''; and
(2) by adding at the end the following:
``SEC. 7002. <<NOTE: 33 USC 2762.>> SUBMERGED OIL PROGRAM.
``(a) Program.--
``(1) Establishment.--The Under Secretary of Commerce for
Oceans and Atmosphere, in conjunction with the Commandant of the
Coast Guard, shall establish a program to detect, monitor, and
evaluate the environmental effects of submerged oil in the
Delaware River and Bay region. The program shall include the
following elements:
``(A) The development of methods to remove,
disperse, or otherwise diminish the persistence of
submerged oil.
``(B) The development of improved models and
capacities for predicting the environmental fate,
transport, and effects of submerged oil.
``(C) The development of techniques to detect and
monitor submerged oil.
``(2) Report.--Not later than 3 years after the date of
enactment of the Delaware River Protection Act of 2006, the
Secretary of Commerce 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 on the activities carried out under
this subsection and activities proposed to be carried out under
this subsection.
``(b) Demonstration Project.--
``(1) Removal of submerged oil.--The Commandant of the Coast
Guard, in conjunction with the Under Secretary of Commerce for
Oceans and Atmosphere, shall conduct a demonstration project for
the purpose of developing and demonstrating technologies and
management practices to remove submerged oil from the Delaware
River and other navigable waters.
``(2) Funding.--There is authorized to be appropriated to
the Commandant of the Coast Guard $2,000,000 for each of fiscal
years 2006 through 2010 to carry out this subsection.''.
(b) Clerical Amendment.--The table of sections in section 2 of such
Act is amended by inserting after the item relating to section 7001 the
following:
``Sec. 7002. Submerged oil program''.
[[Page 120 STAT. 556]]
SEC. 606. ASSESSMENT OF OIL SPILL COSTS.
(a) Assessment.--The Comptroller General shall conduct an assessment
of the cost of response activities and claims related to oil spills from
vessels that have occurred since January 1, 1990, for which the total
costs and claims paid was at least $1,000,000 per spill.
(b) Report.--Not later than 18 months after the date of enactment of
this Act, the Comptroller General 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 on the assessment conducted under subsection (a). The report
shall summarize the following:
(1) The costs and claims described in subsection (a) for
each year covered by the report.
(2) The source, if known, of each spill described in
subsection (a) for each such year.
SEC. 607. DELAWARE RIVER AND BAY OIL SPILL ADVISORY COMMITTEE.
(a) Establishment.--There is established the Delaware River and Bay
Oil Spill Advisory Committee (in this section referred to as the
``Committee'').
(b) Membership.--
(1) In general.--The Committee shall consist of 27 members
who are appointed by the Commandant of the Coast Guard and who
have particular expertise, knowledge, and experience regarding
the transportation, equipment, and techniques that are used to
ship cargo and to navigate vessels in the Delaware River and
Delaware Bay, as follows:
(A) Three members who are employed by port
authorities that oversee operations on the Delaware
River or have been selected to represent these port
authorities, of whom--
(i) one member shall be an employee or
representative of the Port of Wilmington;
(ii) one member shall be an employee or
representative of the South Jersey Port
Corporation; and
(iii) one member shall be an employee or
representative of the Philadelphia Regional Port
Authority.
(B) Two members who represent organizations that
operate tugs or barges that utilize the port facilities
on the Delaware River and Delaware Bay.
(C) Two members who represent shipping companies
that transport cargo by vessel from ports on the
Delaware River and Delaware Bay, of whom at least one
may not be a representative of a shipping company that
transports oil or petroleum products.
(D) Two members who represent operators of oil
refineries adjacent to the Delaware River and Delaware
Bay.
(E) Two members who represent State-licensed pilots
who work on the Delaware River and Delaware Bay.
(F) One member who represents labor organizations
whose members load and unload cargo at ports on the
Delaware River and Delaware Bay.
(G) One member who represents local commercial
fishing interests or an aquaculture organization the
members of which organization depend on fisheries and
[[Page 120 STAT. 557]]
resources in the waters of Delaware River or Delaware
Bay.
(H) Three members who represent environmental
organizations active with respect to the Delaware River
and Delaware Bay, including a watershed advocacy group
and a wildlife conservation advocacy group.
(I) One member who represents an organization
affiliated with recreational fishing interests in the
vicinity of Delaware River and Delaware Bay.
(J) Two members who are scientists or researchers
associated with an academic institution and who have
professional credentials in fields of research relevant
to oil spill safety, oil spill response, or wildlife and
ecological recovery.
(K) Two members who are municipal or county
officials from Delaware.
(L) Two members who are municipal or county
officials from New Jersey.
(M) Two members who are municipal or county
officials from Pennsylvania.
(N) One member who represents an oil spill response
organization located on the lower Delaware River and
Delaware Bay.
(O) One member who represents the general public.
(2) Ex officio members.--The Committee may also consist of
an appropriate number (as determined by the Commandant of the
Coast Guard) of nonvoting members who represent Federal agencies
and agencies of the States of New Jersey, Pennsylvania, and
Delaware with an interest in oil spill prevention in the
Delaware River and Delaware Bay.
(c) Responsibilities.--
(1) In general.--The Committee shall provide advice and
recommendations on measures to improve the prevention of and
response to future oil spills in the Delaware River and Delaware
Bay to the Commandant, the Governors of the States of New
Jersey, Pennsylvania, and Delaware, the Committee on Commerce,
Science, and Transportation of the Senate, and the Committee on
Transportation and Infrastructure of the House of
Representatives.
(2) Report.--Not later than 18 months after the date that
the Commandant completes appointment of the members of the
Committee, the Committee shall provide a report to the entities
referred to in paragraph (1) with the recommendations of the
Committee, including a ranking of priorities, for measures to
improve prevention and response to oil spills described in
paragraph (1).
(d) Meetings.--The Committee--
(1) <<NOTE: Deadline.>> shall hold its first meeting not
later than 60 days after the date on which the Commandant
completes the appointment of members of the Committee; and
(2) shall meet thereafter at the call of the Chairman.
(e) Appointment of Members.--The <<NOTE: Federal Register,
publication.>> Commandant shall appoint the members of the Committee
after soliciting nominations by notice published in the Federal
Register.
(f) Chairman and Vice Chairman.--The Committee shall elect, by
majority vote at its first meeting, one of the members of the Committee
as the Chairman and one of the members as the Vice
[[Page 120 STAT. 558]]
Chairman. The Vice Chairman shall act as Chairman in the absence of or
incapacity of the Chairman or in the event of vacancy in the office of
the Chairman.
(g) Pay and Expenses.--
(1) Prohibition on pay.--Members of the Committee who are
not officers or employees of the United States shall serve
without pay. Members of the Committee who are officers or
employees of the United States shall receive no additional pay
on account of their service on the Committee.
(2) Expenses.--While away from their homes or regular places
of business, members of the Committee may be allowed travel
expenses, including per diem, in lieu of subsistence, as
authorized by section 5703 of title 5, United States Code.
(h) Funding.--There is authorized to be appropriated $1,000,000 for
each of fiscal years 2006 through 2007 to carry out this section.
(i) Termination.--The Committee shall terminate 18 months after the
date on which the Commandant completes the appointment of members of the
Committee.
SEC. 608. NONTANK VESSELS.
Section 311(a)(26) of the Federal Water Pollution Control Act (33
U.S.C. 1321(A)(26)) is amended to read as follows:
``(26) `nontank vessel' means a self-propelled vessel that--
``(A) is at least 400 gross tons as measured under
section 14302 of title 46, United States Code, or, for
vessels not measured under that section, as measured
under section 14502 of that title;
``(B) is not a tank vessel;
``(C) carries oil of any kind as fuel for main
propulsion; and
``(D) operates on the navigable waters of the United
States, as defined in section 2101(17a) of that
title.''.
TITLE VII--HURRICANE RESPONSE
SEC. 701. HOMEOWNERS ASSISTANCE FOR COAST GUARD PERSONNEL AFFECTED BY
HURRICANES KATRINA OR RITA.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of the department in which the Coast Guard is operating may
reimburse a person who is eligible for reimbursement under this section,
for losses of qualified property owned by such person that result from
damage caused by Hurricane Katrina or Hurricane Rita.
(b) Eligible Persons.--A person is eligible for reimbursement under
this section if the person is a civilian employee of the Federal
Government or member of the uniformed services who--
(1) was assigned to, or employed at or in connection with, a
Coast Guard facility located in the State of Louisiana,
Mississippi, Alabama, or Texas on or before August 28, 2005;
(2) incident to such assignment or employment, owned and
occupied property that is qualified property under subsection
(e); and
(3) as a result of the effects of Hurricane Katrina or
Hurricane Rita, incurred damage to such qualified property such
that--
[[Page 120 STAT. 559]]
(A) the qualified property is unsalable (as
determined by the Secretary); and
(B) the proceeds, if any, of insurance for such
damage are less than an amount equal to the greater of--
(i) the fair market value of the qualified
property on August 28, 2005 (as determined by the
Secretary); or
(ii) the outstanding mortgage, if any, on the
qualified property on that date.
(c) Reimbursement Amount.--The amount of the reimbursement that an
eligible person may be paid under this section with respect to a
qualified property shall be determined as follows:
(1) In the case of qualified property that is a dwelling
(including a condominium unit but excluding a manufactured
home), the amount shall be--
(A) the amount equal to the greater of--
(i) 85 percent of the fair market value of the
dwelling on August 28, 2005 (as determined by the
Secretary); or
(ii) the outstanding mortgage, if any, on the
dwelling on that date; minus
(B) the proceeds, if any, of insurance referred to
in subsection (b)(3)(B).
(2) In the case of qualified property that is a manufactured
home, the amount shall be--
(A) if the owner also owns the real property
underlying such home, the amount determined under
paragraph (1); or
(B) if the owner leases such underlying property--
(i) the amount determined under paragraph (1);
plus
(ii) the amount of rent payable under the
lease of such property for the period beginning on
August 28, 2005, and ending on the date of the
reimbursement under this section.
(d) Transfer and Disposal of Property.--
(1) In general.--A person receiving reimbursement under this
section shall transfer to the Administrator of General Services
all right, title, and interest of the owner in and to the
qualified property for which the owner receives such
reimbursement. The Administrator shall hold, manage, and dispose
of such right, title, and interest in the same manner that the
Secretary of Defense holds, manages, and disposes of real
property under section 1013 of the Demonstration Cities and
Metropolitan Development Act of 1966 (42 U.S.C. 3374).
(2) Treatment of proceeds.--Any amounts received by the
United States as proceeds of management or disposal of property
by the Administrator of General Services under this subsection
shall be deposited in the general fund of the Treasury as
offsetting receipts of the department in which the Coast Guard
is operating and ascribed to Coast Guard activities.
(e) Qualified Property.--Property is qualified property for the
purposes of this section if as of August 28, 2005, the property was a
one- or two-family dwelling, manufactured home, or condominium unit in
the State of Louisiana, Mississippi, Alabama, or
[[Page 120 STAT. 560]]
Texas that was owned and occupied, as a principal residence, by a person
who is eligible for reimbursement under this section.
(f) Subject to Appropriations.--The authority to pay reimbursement
under this section is subject to the availability of appropriations.
SEC. 702. TEMPORARY AUTHORIZATION TO EXTEND THE DURATION OF LICENSES,
CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS' DOCUMENTS.
(a) Licenses and Certificates of Registry.--Notwithstanding section
7106 and 7107 of title 46, United States Code, the Secretary of the
department in which the Coast Guard is operating may temporarily extend
the duration of a license or certificate of registry issued for an
individual under chapter 71 of that title for up to one year if--
(1) the records of the individual are located at the Coast
Guard facility in New Orleans that was damaged by Hurricane
Katrina;
(2) the individual is a resident of Alabama, Mississippi, or
Louisiana; or
(3) the records of an individual were damaged or lost as a
result of Hurricane Katrina.
(b) Merchant Mariners' Documents.--Notwithstanding section 7302(g)
of title 46, United States Code, the Secretary of the department in
which the Coast Guard is operating may temporarily extend the duration
of a merchant mariners' document issued for an individual under chapter
73 of that title for up to one year, if--
(1) the records of the individual are located at the Coast
Guard facility in New Orleans that was damaged by Hurricane
Katrina;
(2) the individual is a resident of Alabama, Mississippi, or
Louisiana; or
(3) the records of an individual were damaged or lost as a
result of Hurricane Katrina.
(c) Manner of Extension.--Any extensions granted under this section
may be granted to individual seamen or a specifically identified group
of seamen.
(d) Expiration of Authority.--The authorities provided under this
section expire on April 1, 2007.
SEC. 703. TEMPORARY AUTHORIZATION TO EXTEND THE DURATION OF VESSEL
CERTIFICATES OF INSPECTION.
(a) Authority to Extend.--Notwithstanding section 3307 and 3711(b)
of title 46, United States Code, the Secretary of the department in
which the Coast Guard is operating may temporarily extend the duration
or the validity of a certificate of inspection or a certificate of
compliance issued under chapter 33 or 37, respectively, of that title
for up to 6 months for a vessel inspected by a Coast Guard Marine Safety
Office located in Alabama, Mississippi, or Louisiana.
(b) Expiration of Authority.--The authority provided under this
section expires on April 1, 2007.
SEC. 704. PRESERVATION OF LEAVE LOST DUE TO HURRICANE KATRINA
OPERATIONS.
(a) Preservation of Leave.--Notwithstanding section 701(b) of title
10, United States Code, any member of the Coast Guard
[[Page 120 STAT. 561]]
who served on active duty for a continuous period of 30 days, who was
assigned to duty or otherwise detailed in support of units or operations
in the Eighth Coast Guard District area of responsibility for activities
to mitigate the consequences of, or assist in the recovery from,
Hurricane Katrina during the period beginning on August 28, 2005, and
ending on January 1, 2006, and who would have otherwise lost any
accumulated leave in excess of 60 days as a consequence of such
assignment, is authorized to retain an accumulated total of up to 120
days of leave.
(b) Excess Leave.--Leave in excess of 60 days accumulated under
subsection (a) shall be lost unless used by the member before the
commencement of the second fiscal year following the fiscal year in
which the assignment commences, or in the case of a Reserve member, the
year in which the period of active service is completed.
SEC. 705. REPORTS ON IMPACT TO COAST GUARD.
(a) Reports Required.--
(1) Interim 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 an interim report on the impact of Hurricane
Katrina and the response of the Coast Guard to such impact.
(2) Final report.--Not later than 180 days after the date of
the submittal of the report under paragraph (1), the Secretary
shall submit to the committees referred to in paragraph (1) a
final report on the impact of Hurricane Katrina and the response
of the Coast Guard to such impact.
(b) Elements.--Each report required by subsection (a) shall include
the following:
(1) A discussion and assessment of the impact of Hurricane
Katrina on the facilities, aircraft, vessels, and other assets
of the Coast Guard, including an assessment of such impact on
pending or proposed replacements or upgrades of facilities,
aircraft, vessels, or other assets of the Coast Guard.
(2) A discussion and assessment of the impact of Hurricane
Katrina on Coast Guard operations and strategic goals.
(3) A statement of the number of emergency drills held by
the Coast Guard during the 5-year period ending on the date of
the report with respect to natural disasters and with respect to
security incidents.
(4) A description and assessment of--
(A) the lines of communication and reporting, during
the response to Hurricane Katrina, within the Coast
Guard and between the Coast Guard and other departments
and agencies of the Federal Government and State and
local governments; and
(B) the interoperability of such communications
during the response to Hurricane Katrina.
(5) A discussion and assessment of the financial impact on
Coast Guard operations during fiscal years 2005 and 2006 of
unbudgeted increases in prices of fuel.
SEC. 706. REPORTS ON IMPACTS ON NAVIGABLE WATERWAYS.
(a) Reports Required.--
[[Page 120 STAT. 562]]
(1) Interim 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, in consultation with the
Secretary of Commerce, 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 on the impacts of Hurricane Katrina on
navigable waterways and the response of the Coast Guard to such
impacts.
(2) Final report.--Not later than 180 days after the date of
the submittal of the report required by paragraph (1), the
Secretary, in consultation with the Secretary of Commerce, shall
submit to the committees referred to in paragraph (1) a report
on the impacts of Hurricane Katrina on navigable waterways with
respect to missions within the jurisdiction of the Coast Guard
and the response of the Coast Guard to such impacts.
(b) Elements.--Each report required by subsection (a) shall include
the following:
(1) A discussion and assessment of the impacts, and
associated costs, of Hurricane Katrina on--
(A) the navigable waterways of the United States;
(B) facilities located in or on such waterways;
(C) aids to navigation to maintain the safety of
such waterways; and
(D) any other equipment located in or on such
waterways related to a mission of the Coast Guard.
(2) An estimate of the costs to the Coast Guard of restoring
the resources described in paragraph (1) and an assessment of
the vulnerability of such resources to natural disasters in the
future.
(3) A discussion and assessment of the environmental impacts
in areas within the Coast Guard's jurisdiction of Hurricane
Katrina, with a particular emphasis on any releases of oil or
hazardous chemicals into the navigable waterways of the United
States.
(4) A discussion and assessment of the response of the Coast
Guard to the impacts described in paragraph (3), including an
assessment of environmental vulnerabilities in natural disasters
in the future and an estimate of the costs of addressing such
vulnerabilities.
(c) Navigable Waterways of the United States.--In this section, the
term ``navigable waterways of the United States'' includes waters of the
United States as described in Presidential Proclamation No. 5928 of
December 27, 1988.
TITLE VIII--OCEAN COMMISSION RECOMMENDATIONS
SEC. 801. <<NOTE: 14 USC 92 note.>> IMPLEMENTATION OF INTERNATIONAL
AGREEMENTS.
In consultation with appropriate Federal agencies, the Secretary of
the department in which the Coast Guard is operating shall work with the
responsible officials and agencies of other nations to accelerate
efforts at the International Maritime Organization to enhance oversight
and enforcement of security, environmental, and other agreements adopted
within the International
[[Page 120 STAT. 563]]
Maritime Organization by flag States on whom such agreements are
binding, including implementation of--
(1) a code outlining flag State responsibilities and
obligations;
(2) an audit regime for evaluating flag State performance;
(3) measures to ensure that responsible organizations,
acting on behalf of flag States, meet established performance
standards; and
(4) cooperative arrangements to improve enforcement on a
bilateral, regional, or international basis.
SEC. 802. <<NOTE: 14 USC 92 note.>> VOLUNTARY MEASURES FOR REDUCING
POLLUTION FROM RECREATIONAL BOATS.
In consultation with appropriate Federal, State, and local
government agencies, the Secretary of the department in which the Coast
Guard is operating shall undertake outreach programs for educating the
owners and operators of boats using two-stroke engines about the
pollution associated with such engines and support voluntary programs
that reduce such pollution and encourage the early replacement of older
two-stroke engines.
SEC. 803. <<NOTE: 16 USC 1861 note.>> INTEGRATION OF VESSEL MONITORING
SYSTEM DATA.
The Secretary of the department in which the Coast Guard is
operating shall integrate vessel monitoring system data into its
maritime operations databases for the purpose of improving monitoring
and enforcement of Federal fisheries laws and work with the Under
Secretary of Commerce for Oceans and Atmosphere to ensure effective use
of such data for monitoring and enforcement.
SEC. 804. <<NOTE: 16 USC 1828.>> FOREIGN FISHING INCURSIONS.
(a) In General.--Not <<NOTE: Deadline. Reports.>> later than 180
days after the date of enactment of this Act, the Secretary of the
department in which the Coast Guard is operating shall provide 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 on steps that the Coast Guard will take to
significantly improve the Coast Guard's detection and interdiction of
illegal incursions into the United States exclusive economic zone by
foreign fishing vessels.
(b) Specific Issues to Be Addressed.--The report shall--
(1) focus on areas in the exclusive economic zone where the
Coast Guard has failed to detect or interdict such incursions in
the 4-fiscal-year period beginning with fiscal year 2000,
including such areas in the Western/Central Pacific and the
Bering Sea; and
(2) include an evaluation of the potential use of unmanned
aircraft and offshore platforms for detecting or interdicting
such incursions.
(c) Biennial Updates.--The Secretary shall provide biannual reports
updating the Coast Guard's progress in detecting or interdicting such
incursions to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure of the
House of Representatives.
[[Page 120 STAT. 564]]
TITLE IX--TECHNICAL CORRECTIONS
SEC. 901. MISCELLANEOUS TECHNICAL CORRECTIONS.
(a) Requirements for Cooperative Agreements for Voluntary
Services.--Section 93(a)(19) of title 14, United States Code, is amended
by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B),
respectively.
(b) Correction of Amendment to Chapter <<NOTE: Effective
date.>> Analysis.--Effective August 9, 2004, section 212(b) of the Coast
Guard and Maritime Transportation Act of 2004 (118 Stat. 1037) is
amended by inserting ``of title 14'' after ``chapter 17''.
(c) Recommendations to Congress by Commandant of the Coast Guard.--
Section 93(a) of title 14, United States Code, is amended by
redesignating paragraph (y) as paragraph (24).
(d) Correction of Reference to Ports and Waterways Safety Act.--
Effective <<NOTE: Effective date. 33 USC 1223 and note.>> August 9,
2004, section 302 of the Coast Guard and Maritime Transportation Act of
2004 (118 Stat. 1041) is amended by striking ``of 1972''.
(e) Technical Correction of Penalty.--Section 4311(b) of title 46,
United States Code, is amended by striking ``4307(a)of'' and inserting
``4307(a) of''.
(f) Determining Adequacy of Potable Water.--Section 3305(a) of title
46, United States Code, is amended by moving paragraph (2) two ems to
the left, so that the material preceding subparagraph (A) of such
paragraph aligns with the left-hand margin of paragraph (1) of such
section.
(g) Renewal of Advisory Group.--Effective <<NOTE: Effective date. 46
USC 4508 and note.>> August 9, 2004, section 418(a) of the Coast Guard
and Maritime Transportation Act of 2004 (118 Stat. 1049) is amended by
striking ``of September 30, 2005'' and inserting ``on September 30,
2005''.
(h) Technical Corrections Relating to References to National Driver
Register.--
(1) Amendment instruction.--Effective <<NOTE: Effective
date. 46 USC 7302 and note.>> August 9, 2004, section 609(1) of
the Coast Guard and Maritime Transportation Act of 2004 (118
Stat. 1058) is amended in the matter preceding subparagraph (A)
by striking ``7302'' and inserting ``7302(c)''.
(2) Omitted word.--Section 7302(c) of title 46, United
States Code, is amended--
(A) by inserting ``section'' before ``30305(b)(5)'';
and
(B) by inserting ``section'' before
``30304(a)(3)(A)''.
(3) Extraneous u.s.c. reference.--Section 7703(3) of title
46, United States Code, is amended by striking ``(23 U.S.C. 401
note)''.
(i) Vessel Response Plans for Nontank Vessels.--
(1) Correction of vessel references.--Section 311 of the
Federal Water Pollution Control Act (33 U.S.C. 1321) is amended
by striking ``non-tank'' each place it appears and inserting
``nontank''.
(2) Punctuation error.--Effective <<NOTE: Effective date. 33
USC 1321 and note.>> August 9, 2004, section 701(b)(9) of the
Coast Guard and Maritime Transportation Act of 2004 (118 Stat.
1068) is amended by inserting closing quotation marks after
``each tank vessel''.
(j) Punctuation Error.--Section 5006(c) of the Oil Pollution Act of
1990 (33 U.S.C. 2736(c)) is amended by inserting a comma after ``October
1, 2012''.
(k) Correction to Subtitle Designation.--
[[Page 120 STAT. 565]]
(1) Redesignation.--Title 46, United States Code, is amended
by redesignating subtitle VI <<NOTE: 46 USC 70101.>> as subtitle
VII.
(2) Clerical amendment.--The table of subtitles at the
beginning of title 46, United States Code, is amended by
striking the item relating to subtitle VI and inserting the
following:
``VII. MISCELLANEOUS............................................70101''.
(l) Corrections to Chapter 701 of Title 46, United States Code.--
Chapter 701 of title 46, United States Code, <<NOTE: 46 USC 701013et
seq.>> is amended as follows:
(1) Sections 70118 and 70119, as added by section 801 of the
Coast Guard and Maritime Transportation Act of 2004 (118 Stat.
1078), relating to firearms, arrests, and seizure of property
and to enforcement by State and local officers, are redesignated
as sections 70117 and 70118, respectively, and moved to appear
immediately after section 70116 of title 46, United States Code.
(2) Sections 70117 and 70118, as added by section 802 of
such Act (118 Stat. 1078), relating to in rem liability for
civil penalties and to certain costs and withholding of
clearance, are redesignated as sections 70120 and 70121,
respectively, and moved to appear immediately after section
70119 of title 46, United States Code.
(3) In section 70120(a), as redesignated by paragraph (2) of
this section, by striking ``section 70120'' and inserting
``section 70119''.
(4) In section 70121(a), as redesignated by paragraph (2) of
this section, by striking ``section 70120'' and inserting
``section 70119''.
(5) In the analysis at the beginning of the chapter by
striking the items relating to sections 70117 through the second
70119 and inserting the following:
``70117. Firearms, arrests, and seizure of property.
``70118. Enforcement by State and local officers.
``70119. Civil penalty.
``70120. In rem liability for civil penalties and certain costs.
``70121. Withholding of clearance.''.
(m) Area Maritime Security Advisory Committees; Margin Alignment.--
Section 70112(b) of title 46, United States Code, is amended by moving
paragraph (5) two ems to the left, so that the left-hand margin of
paragraph (5) aligns with the left-hand margin of paragraph (4) of such
section.
(n) Technical Correction Regarding Tank Vessel Environmental
Equivalency Evaluation Index.--Section 4115(e)(3) of the Oil Pollution
Act of 1990 (46 U.S.C. 3703a note) is amended by striking ``hull'' the
second place it appears.
(o) Corrections to Section 6101 of Title 46, United States Code.--
Section 6101 of title 46, United States Code, is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by redesignating the second subsection (g) as subsection
(h).
(p) Drug Interdiction Report.--
(1) In general.--Section 103 of the Coast Guard
Authorization Act of 1996 (14 U.S.C. 89 note; 110 Stat. 3905) is
amended to read as follows:
[[Page 120 STAT. 566]]
``SEC. 103. ANNUAL REPORT ON DRUG INTERDICTION.
``Not later than 30 days after the end of each fiscal year, 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 on all expenditures related to drug
interdiction activities of the Coast Guard on an annual basis.''.
(2) Clerical amendment.--The table of contents in section 2
of such Act is amended by striking the item relating to section
103 and inserting the following:
``Sec. 103. Annual reports on drug interdiction.''.
(q) Acts of Terrorism Report.--Section 905 of the Omnibus Diplomatic
Security and Antiterrorism Act of 1986 (46 U.S.C. App. 1802; 100 Stat.
890) is amended by striking ``Not later than February 28, 1987, and
annually thereafter, the Secretary of Transportation shall report'' and
inserting ``The Secretary of the department in which the Coast Guard is
operating shall report annually''.
(r) Corrections to Dingell-Johnson Sport Fish Restoration Act.--
(1) Section 4.--Section 4(c) of the Dingell-Johnson Sport
Fish Restoration Act (16 U.S.C. 777c(c)) is amended by striking
``, for each of fiscal years 2006 through 2009,''.
(2) Section 14.--Section 14(a)(1) of the Dingell-Johnson
Sport Fish Restoration Act (16 U.S.C. 777m(a)(1)) is amended by
striking ``For each of the fiscal years 2006 through 2009, not
more than'' and inserting ``Not more than''.
SEC. 902. CORRECTION OF REFERENCES TO SECRETARY OF TRANSPORTATION AND
DEPARTMENT OF TRANSPORTATION; RELATED MATTERS.
(a) Government Organization.--Title 5, United States Code, is
amended--
(1) in section 101 by inserting ``The Department of Homeland
Security.'' after and immediately below ``The Department of
Veterans Affairs.'';
(2) in section 2902(b) by inserting ``the Secretary of
Homeland Security,'' after ``Secretary of the Interior,''; and
(3) in sections 5520a(k)(3), 5595(h)(5), 6308(b), and
9001(10) by striking ``of Transportation'' each place it appears
and inserting ``of Homeland Security''.
(b) Financial Management.--Title 31, United States Code, is
amended--
(1) in section 3321(c)(3) by striking ``of Transportation''
and inserting ``of Homeland Security.'';
(2) in section 3325(b) by striking ``of Transportation'' and
inserting ``of Homeland Security'';
(3) in section 3527(b)(1) by striking ``of Transportation''
each place it appears and inserting ``of Homeland Security'';
and
(4) in section 3711(f)(2) by striking ``of Transportation''
and inserting ``of Homeland Security''.
(c) Public Contracts.--Section 3732 of the Revised Statutes (41
U.S.C. 11) is amended by striking ``of Transportation'' each place it
appears and inserting ``of Homeland Security''.
[[Page 120 STAT. 567]]
(d) Public Printing and Documents.--Sections 1308 and 1309 of title
44, United States Code, are amended by striking ``Secretary of the
Department of Transportation'' each place it appears and inserting
``Secretary of the department in which the Coast Guard is operating''.
(e) Shipping.--Title 46, United State Code, is amended--
(1) in section 2109 by striking ``a Coast Guard or'';
(2) in section 6308--
(A) by redesignating subsections (b) and (c) as
subsections (c) and (d), respectively; and
(B) by striking subsection (a) and inserting the
following:
``(a) Notwithstanding any other provision of law, no part of a
report of a marine casualty investigation conducted under section 6301
of this title, including findings of fact, opinions, recommendations,
deliberations, or conclusions, shall be admissible as evidence or
subject to discovery in any civil or administrative proceedings, other
than an administrative proceeding initiated by the United States.
``(b) Any member or employee of the Coast Guard investigating a
marine casualty pursuant to section 6301 of this title shall not be
subject to deposition or other discovery, or otherwise testify in such
proceedings relevant to a marine casualty investigation, without the
permission of the Secretary. The Secretary shall not withhold permission
for such employee or member to testify, either orally or upon written
questions, on solely factual matters at a time and place and in a manner
acceptable to the Secretary if the information is not available
elsewhere or is not obtainable by other means.'';
(3) in subsection (c), as redesignated by this section, by
striking ``subsection (a)'' and inserting ``subsections (a) and
(b)''; and
(4) in subsection (d), as redesignated by this section, by
striking ``subsections (a) and (b)'' and inserting ``subsections
(a), (b), and (c)''.
(f) Mortgage Insurance.--Section 222 of the National Housing Act of
1934 (12 U.S.C. 1715m) is amended by striking ``of Transportation'' each
place it appears and inserting ``of Homeland Security''.
(g) Arctic Research.--Section 107(b)(2) of the Arctic Research and
Policy Act of 1984 (15 U.S.C. 4106(b)(2)) is amended--
(1) by redesignating subparagraphs (I) through (K) as
subparagraphs (J) through (L), respectively; and
(2) by inserting after subparagraph (H) the following:
``(I) the Department of Homeland Security;''.
(h) Conservation.--
(1) Section 1029.--Section 1029(e)(2)(B) of the Bisti/De-Na-
Zin Wilderness Expansion and Fossil Protection Act of 1996 (16
U.S.C. 460kkk(e)(2)(B)) is amended by striking ``Secretary of
Transportation, to represent the United States Coast Guard.''
and inserting ``Commandant of the Coast Guard''.
(2) Section 312.--Section 312(c) of the Antarctic Marine
Living Resources Convention Act of 1984 (16 U.S.C. 2441(c)) is
amended by striking ``of Transportation'' and inserting ``of
Homeland Security''.
(i) Internal Revenue Code of 1986.--Section 3122 of the Internal
Revenue Code of 1986 (26 U.S.C. 3122) is amended by striking ``Secretary
of Transportation'' each place it appears and
[[Page 120 STAT. 568]]
inserting ``Secretary of the Department in which the Coast Guard is
operating''.
(j) Anchorage Grounds.--Section 7 of the Rivers and Harbors
Appropriations Act of 1915 (33 U.S.C. 471) is amended by striking ``of
Transportation'' in each place it appears and inserting ``of Homeland
Security''.
(k) Bridges.--Section 4 of the General Bridge Act of 1906 (33 U.S.C.
491) <<NOTE: 33 USC 494.>> is amended by striking ``of Transportation''
and inserting ``of Homeland Security''.
(l) Oil Pollution.--The Oil Pollution Act of 1990 (33 U.S.C. 2701 et
seq.) is amended--
(1) in section 5001(c)(1)(B) (33 U.S.C. 2731(c)(1)(B)) by
striking ``Commerce, the Interior, and Transportation,'' and
inserting ``Commerce and the Interior and the Commandant of the
Coast Guard,'';
(2) in section 5002(m)(4) (33 U.S.C. 2732(m)(4)) by striking
``of Transportation.'' and inserting ``of the department in
which the Coast Guard is operating.'';
(3) in section 7001(a) (33 U.S.C. 2761(a)) by striking
paragraph (3) and all that follows through the end of the
subsection and inserting the following:
``(3) Membership.--The Interagency Committee shall include
representatives from the Coast Guard, the Department of Commerce
(including the National Oceanic and Atmospheric Administration
and the National Institute of Standards and Technology), the
Department of Energy, the Department of the Interior (including
the Minerals Management Service and the United States Fish and
Wildlife Service), the Department of Transportation (including
the Maritime Administration and the Pipeline and Hazardous
Materials Safety Administration), the Department of Defense
(including the Army Corps of Engineers and the Navy), the
Department of Homeland Security (including the United States
Fire Administration in the Federal Emergency Management Agency),
the Environmental Protection Agency, the National Aeronautics
and Space Administration, and such other Federal agencies the
President may designate.
``(4) Chairman.--A representative of the Coast Guard shall
serve as Chairman.''; and
(4) in section 7001(c)(6) (33 U.S.C. 2761(c)(6)) by striking
``other such agencies in the Department of Transportation as the
Secretary of Transportation may designate,'' and inserting
``such agencies as the President may designate,''.
(m) Medical Care.--Section 1(g)(4)(B) of Public Law 87-693 (42
U.S.C. 2651(g)(4)(B)) is amended by striking ``of Transportation,'' and
inserting ``of Homeland Security,''.
(n) Social Security Act.--Section 205(p)(3) of the Social Security
Act (42 U.S.C. 405(p)(3)) is amended by striking ``of Transportation''
each place it appears and inserting ``of Homeland Security''.
[[Page 120 STAT. 569]]
(o) <<NOTE: Certification.>> Merchant Marine Act, 1920.--Section 27
of the Merchant Marine Act, 1920 (46 U.S.C. App. 883) is amended in the
matter following the ninth proviso (pertaining to transportation of a
foreign-flag incineration vessel) by striking ``Satisfactory inspection
shall be certified in writing by the Secretary of Transportation'' and
inserting ``Satisfactory inspection shall be certified, in writing, by
the Secretary of Homeland Security.''.
Approved July 11, 2006.
LEGISLATIVE HISTORY--H.R. 889 (S. 1280):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 109-204, Pt. 1 (Comm. on Transportation and
Infrastructure) and 109-413 (Comm. of Conference).
SENATE REPORTS: No. 109-114 accompanying S. 1280 (Comm. on Commerce,
Science, and Transportation).
CONGRESSIONAL RECORD:
Vol. 151 (2005):
Sep. 15, considered and passed
House.
Oct. 27, considered and passed
Senate, amended.
Vol. 152 (2006):
June 26, House considered conference
report.
June 27, House and Senate agreed to
conference report. Senate
vitiated agreement on conference
report.
June 28, Senate agreed to conference
report, pursuant to the order of
June 22.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
July 11, Presidential statement.
<all>
| File Type | application/msword |
| Author | Anthony D Smith |
| Last Modified By | Anthony D Smith |
| File Modified | 2016-11-15 |
| File Created | 2016-11-15 |