One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
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.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress 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. 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. 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. 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.
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.
TITLE IV--MISCELLANEOUS
Sec. 401. Authorization of junior reserve officers training program pilot
program.
Sec. 404. Long-range vessel tracking system.
Sec. 405. Marine vessel and cold water safety education.
Sec. 407. Conveyance of decommissioned Coast Guard Cutter MACKINAW.
Sec. 408. Deepwater reports.
Sec. 410. Newtown Creek, New York City, New York.
Sec. 411. Report on technology.
Sec. 412. Assessment and planning.
Sec. 414. Navigational safety of certain facilities.
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. 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. 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.
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.
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.'.
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--
(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';
(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
(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) 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, 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
(2) in subsection (b) by striking all that precedes paragraph (2) and
inserting the following:
`(b)(1) 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.
`(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. ICEBREAKERS.
(a) Operation and Maintenance Plan- 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 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 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 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
(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. 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.
`(2) 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
`(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
(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 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) 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) 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.
(d) Report- Not 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 administrative law judge shall be
governed by the standards of section 706 of title 5. 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 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 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--
`(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;
`(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,
`(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 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.
`(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 (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 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;
`(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.'.
(d) Clerical Amendment- The analysis for chapter 81 of such title is amended
by adding at the end the following:
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.
(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.
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. 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. 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.
(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 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 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-
(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. 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
(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--
(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 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.
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 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. 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:
`(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.
`(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 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) 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-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 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 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) 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.
(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 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) 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. 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). 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.
(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) 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.
(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.
(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) 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). 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.
(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;
(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) no entity is identified under subsection (d) within 3 years after
the date on which administrative jurisdiction is 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. 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 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.
(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 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 VI--DELAWARE RIVER PROTECTION AND MISCELLANEOUS OIL PROVISIONS
SEC. 601. 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. 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
`(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 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) 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 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.'.
(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.
SEC. 604. 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. SUBMERGED OIL 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'.
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').
(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 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.
(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) 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 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 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.
(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--
(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 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 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.
(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.
(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. 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 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. 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. 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. FOREIGN FISHING INCURSIONS.
(a) In General- 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 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.
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 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
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 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 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 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-
(1) REDESIGNATION- Title 46, United States Code, is amended by redesignating
subtitle VI 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:
--70101'.
(l) Corrections to Chapter 701 of Title 46, United States Code- Chapter
701 of title 46, United States Code, 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.
`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:
`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'.
(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';
(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;'.
(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 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)
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'.
(o) 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.'.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
END
