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.
