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[House Report 109-413]
[From the U.S. Government Publishing Office]

109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     109-413

======================================================================

 
          COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2006

                                _______
                                

                 April 6, 2006.--Ordered to be printed

                                _______
                                

 Mr. Young of Alaska, from the committee of conference, submitted the 
                               following

                           CONFERENCE REPORT

                        [To accompany H.R. 889]

      The committee of conference on the disagreeing votes of 
the two Houses on the amendment of the Senate to the bill (H.R. 
889), 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, having 
met, after full and free conference, have agreed to recommend 
and do recommend to their respective Houses as follows:
      That the House recede from its disagreement to the 
amendment of the Senate and agree to the same with an amendment 
as follows:
      In lieu of the matter proposed to be inserted by the 
Senate amendment, insert the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coast Guard and Maritime 
Transportation Act of 2006''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

                         TITLE I--AUTHORIZATION

Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Supplemental authorization of appropriations.
Sec. 104. Web-based risk management data system.

                          TITLE II--COAST GUARD

Sec. 201. Extension of Coast Guard vessel anchorage and movement 
          authority.
Sec. 202. International training and technical assistance.
Sec. 203. Officer promotion.
Sec. 204. Coast Guard band director.
Sec. 205. Authority for one-step turnkey design-build contracting.
Sec. 206. Reserve recall authority.
Sec. 207. Reserve officer distribution.
Sec. 208. Expansion of use of auxiliary equipment to support Coast Guard 
          missions.
Sec. 209. Coast Guard history fellowships.
Sec. 210. Icebreakers.
Sec. 211. Operation as a service in the Navy.
Sec. 212. Limitation on moving assets to St. Elizabeth's Hospital.
Sec. 213. Cooperative agreements.
Sec. 214. Biodiesel feasibility study.
Sec. 215. Boating safety director.
Sec. 216. Hangar at Coast Guard Air Station Barbers Point.
Sec. 217. Promotion of Coast Guard officers.
Sec. 218. Redesignation of Coast Guard law specialists as judge 
          advocates.

                   TITLE III--SHIPPING AND NAVIGATION

Sec. 301. Treatment of ferries as passenger vessels.
Sec. 302. Great Lakes pilotage annual ratemaking.
Sec. 303. Certification of vessel nationality in drug smuggling cases.
Sec. 304. LNG tankers.
Sec. 305. Use of maritime safety and security teams.
Sec. 306. Enhanced civil penalties for violations of provisions enacted 
          by the Coast Guard and Maritime Transportation Act of 2004.
Sec. 307. Training of cadets at United States Merchant Marine Academy.
Sec. 308. Reports from mortgagees of vessels.
Sec. 309. Determination of the Secretary.
Sec. 310. Setting, relocating, and recovering anchors.
Sec. 311. International tonnage measurement of vessels engaged in the 
          Aleutian trade.
Sec. 312. Riding gangs.

                         TITLE IV--MISCELLANEOUS

Sec. 401. Authorization of junior reserve officers training program 
          pilot program.
Sec. 402. Transfer.
Sec. 403. Loran-C.
Sec. 404. Long-range vessel tracking system.
Sec. 405. Marine vessel and cold water safety education.
Sec. 406. Reports.
Sec. 407. Conveyance of decommissioned Coast Guard Cutter MACKINAW.
Sec. 408. Deepwater reports.
Sec. 409. Helicopters.
Sec. 410. Newtown Creek, New York City, New York.
Sec. 411. Report on technology.
Sec. 412. Assessment and planning.
Sec. 413. Homeport.
Sec. 414. Opinions regarding whether certain facilities create 
          obstructions to navigation.
Sec. 415. Port Richmond.
Sec. 416. Western Alaska community development quota program.
Sec. 417. Quota share allocation.
Sec. 418. Maine fish tender vessels.
Sec. 419. Automatic identification system.
Sec. 420. Voyage data recorder study and report.
Sec. 421. Distant water tuna fleet.

                          TITLE V--LIGHTHOUSES

Sec. 501. Transfer.
Sec. 502. Misty Fiords National Monument and Wilderness.
Sec. 503. Miscellaneous Light Stations.
Sec. 504. Inclusion of lighthouse in St. Marks National Wildlife Refuge, 
          Florida.

  TITLE VI--DELAWARE RIVER PROTECTION AND MISCELLANEOUS OIL PROVISIONS

Sec. 601. Short title.
Sec. 602. Requirement to notify Coast Guard of release of objects into 
          the navigable waters of the United States.
Sec. 603. Limits on liability.
Sec. 604. Requirement to update Philadelphia Area Contingency Plan.
Sec. 605. Submerged oil removal.
Sec. 606. Assessment of oil spill costs.
Sec. 607. Delaware River and Bay Oil Spill Advisory Committee.
Sec. 608. Nontank vessels.

                      TITLE VII--HURRICANE RESPONSE

Sec. 701. Homeowners assistance for Coast Guard personnel affected by 
          Hurricanes Katrina or Rita.
Sec. 702. Temporary authorization to extend the duration of licenses, 
          certificates of registry, and merchant mariners' documents.
Sec. 703. Temporary authorization to extend the duration of vessel 
          certificates of inspection.
Sec. 704. Preservation of leave lost due to Hurricane Katrina 
          operations.
Sec. 705. Reports on impact to Coast Guard.
Sec. 706. Reports on impacts on navigable waterways.

              TITLE VIII--OCEAN COMMISSION RECOMMENDATIONS

Sec. 801. Implementation of international agreements.
Sec. 802. Voluntary measures for reducing pollution from recreational 
          boats.
Sec. 803. Integration of vessel monitoring system data.
Sec. 804. Foreign fishing incursions.

                     TITLE IX--TECHNICAL CORRECTIONS

Sec. 901. Miscellaneous technical corrections.
Sec. 902. Correction of references to Secretary of Transportation and 
          Department of Transportation; related matters.

                         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 Govern-
ments.--''; and
            (3) by adding at the end the following new 
        subsection:
    ``(b) Technical Assistance to Foreign Maritime 
Authorities.--The Commandant, in coordination with the 
Secretary of State, may provide, in conjunction with regular 
Coast Guard operations, technical assistance (including law 
enforcement and maritime safety and security training) to 
foreign navies, coast guards, and other maritime 
authorities.''.
    (b) Clerical Amendment.--The item relating to such section 
in the analysis at the beginning of chapter 7 of such title is 
amended to read as follows:

``149. Assistance to foreign governments and maritime authorities.''.

SEC. 203. OFFICER PROMOTION.

    Section 257 of title 14, United States Code, is amended by 
adding at the end the following new subsection:
    ``(f) The Secretary may waive subsection (a) to the extent 
necessary to allow officers described therein to have at least 
two opportunities for consideration for promotion to the next 
higher grade as officers below the promotion zone.''.

SEC. 204. COAST GUARD BAND DIRECTOR.

    (a) Band Director Appointment and Grade.--Section 336 of 
title 14, United States Code, is amended--
            (1) in subsection (b)--
                    (A) by striking the first sentence and 
                inserting the following: ``The Secretary may 
                designate as the director any individual 
                determined by the Secretary to possess the 
                necessary qualifications.''; and
                    (B) in the second sentence, by striking ``a 
                member so designated'' and inserting ``an 
                individual so designated'';
            (2) in subsection (c)--
                    (A) by striking ``of a member'' and 
                inserting ``of an individual''; and
                    (B) by striking ``of lieutenant (junior 
                grade) or lieutenant'' and inserting 
                ``determined by the Secretary to be most 
                appropriate to the qualifications and 
                experience of the appointed individual'';
            (3) in subsection (d) by striking ``A member'' and 
        inserting ``An individual''; and
            (4) in subsection (e)--
                    (A) by striking ``When a member's 
                designation is revoked,'' and inserting ``When 
                an individual's designation is revoked,''; and
                    (B) by striking ``option:'' and inserting 
                ``option--''.
    (b) 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
                    ``(B) to transport only--
                            ``(i) passengers; or
                            ``(ii) vehicles, or railroad cars, 
                        that are being used, or have been used, 
                        in transporting passengers or goods.''.
    (b) Passenger Vessels That Are Ferries.--Section 2101(22) 
of title 46, United States Code, is amended--
            (1) by striking ``or'' at the end of subparagraph 
        (B);
            (2) by striking the period at the end of 
        subparagraph (C) and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(D) that is a ferry carrying a 
                passenger.''.
    (c) Small Passenger Vessels That Are Ferries.--Section 
2101(35) of title 46, United States Code, is amended--
            (1) by striking ``or'' at the end of subparagraph 
        (C);
            (2) by striking the period at the end of 
        subparagraph (D) and inserting ``; or''; and
            (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 facilitiesthat 
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 tothe 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--
            ``(1) ensure that--
                    ``(A) subject to subsection (d), each 
                riding gang member on the vessel--
                            ``(i) is a United States citizen or 
                        an alien lawfully admitted to the 
                        United States for permanent residence; 
                        or
                            ``(ii) possesses a United States 
                        nonimmigrant visa for individuals 
                        desiring to enter the United States 
                        temporarily for business, employment-
                        related and personal identifying 
                        information, and any other 
                        documentation required by the 
                        Secretary;
                    ``(B) all required documentation for such 
                member is kept on the vessel and available for 
                inspection by the Secretary; and
                    ``(C) each riding gang member is identified 
                on the vessel's crew list;
            ``(2) ensure that--
                    ``(A) the owner or managing operator 
                attests in a certificate that the background of 
                each riding gang member has been examined and 
                found to be free of any credible information 
                indicating a material risk to the security of 
                the vessel, the vessel's cargo, the ports the 
                vessel visits, or other individuals onboard the 
                vessel;
                    ``(B) the background check consisted of a 
                search of all information reasonably available 
                to the owner or managing operator in the riding 
                gang member's country of citizenship and any 
                other country in which the riding gang member 
                works, receives employment referrals, or 
                resides;
                    ``(C) the certificate required under 
                subparagraph (A) is kept on the vessel and 
                available for inspection by the Secretary; and
                    ``(D) the information derived from any such 
                background check is made available to the 
                Secretary upon request;
            ``(3) ensure that each riding gang member, while on 
        board the vessel, is subject to the same random 
        chemical testing and reporting regimes as crew members;
            ``(4) ensure that each such riding gang member 
        receives basic safety familiarization and basic safety 
        training approved by the Coast Guard as satisfying the 
        requirements for such training under the International 
        Convention of Training, Certification, and Watchkeeping 
        for Seafarers, 1978;
            ``(5) prevent from boarding the vessel, or cause 
        the removal from the vessel at the first available 
        port, and disqualify from future service on board any 
        other vessel owned or operated by that owner or 
        operator, any riding gang member--
                    ``(A) who has been convicted in any 
                jurisdiction of an offense described in 
                paragraph (2) or (3) of section 7703;
                    ``(B) whose license, certificate of 
                registry, or merchant mariner's document has 
                been suspended or revoked under section 7704; 
                or
                    ``(C) who otherwise constitutes a threat to 
                the safety of the vessel;
            ``(6) ensure and certify to the Secretary that the 
        sum of--
                    ``(A) the number of riding gang members on 
                board a freight vessel, and
                    ``(B) the number of individuals in addition 
                to crew permitted under section 3304,
        does not exceed 12;
            ``(7) ensure that every riding gang member is 
        employed on board the vessel under conditions that meet 
        or exceed the minimum international standards of all 
        applicable international labor conventions to which the 
        United States is a party, including all of the merchant 
        seamen protection and relief provided under United 
        States law; and
            ``(8) ensure that each riding gang member--
                    ``(A) is supervised by an individual who 
                holds a license issued under chapter 71; and
                    ``(B) only performs work in conjunction 
                with individuals who hold merchant mariners 
                documents issued under chapter 73 and who are 
                part of the vessel's crew.
    ``(b) Permitted Work.--Subject to subsection (f), a riding 
gang member on board a vessel to which subsection (a) applies 
who is neither a United States citizen nor an alien lawfully 
admitted to the United States for permanent residence may not 
perform any work on board the vessel other than--
            ``(1) work in preparation of a vessel entering a 
        shipyard located outside of the United States;
            ``(2) completion of the residual repairs after 
        departing a shipyard located outside of the United 
        States; or
            ``(3) technical in-voyage repairs, in excess of any 
        repairs that can be performed by the vessel's crew, in 
        order to advance the vessel's useful life without 
        having to actually enter a shipyard.
    ``(c) Workday Limit.--
            ``(1) In general.--The maximum number of days in 
        any calendar year that the owner or operator of a 
        vessel to which subsection (a) applies may employ on 
        board riding gang members who are neither United States 
        citizens nor aliens lawfully admitted to the United 
        States for permanent residence for work on board that 
        vessel is 60 days. If the vessel is at sea on the 60th 
        day, each riding gang member shall be discharged from 
        the vessel at the next port of call reached by the 
        vessel after the date on which the 60-workday limit is 
        reached.
            ``(2) Calculation.--For the purpose of calculating 
        the 60-workday limit under this subsection, each day 
        worked by a riding gang member who is neither a United 
        States citizen nor an alien lawfully admitted to the 
        United States for permanent residence shall be counted 
        against the limitation.
    ``(d) Exceptions for Warranty Work.--
            ``(1) In general.--Subsections (b), (c), (e), and 
        (f) do not apply to a riding gang member employed 
        exclusively to perform, and who performs only, work 
        that is--
                    ``(A) customarily performed by original 
                equipment manufacturers' technical 
                representatives;
                    ``(B) required by a manufacturer's warranty 
                on specific machinery and equipment; or
                    ``(C) required by a contractual guarantee 
                or warranty on actual repairs performed in a 
                shipyard located outside of the United States.
            ``(2) Citizenship requirement.--Subsection 
        (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;
                    ``(B) does not perform--
                            ``(i) watchstanding, automated 
                        engine room duty watch, or personnel 
                        safety functions; or
                            ``(ii) cargo handling functions, 
                        including any activity relating to the 
                        loading or unloading of cargo, the 
                        operation of cargo-related equipment 
                        (whether or not integral to the 
                        vessel), and the handling of mooring 
                        lines on the dock when the vessel is 
                        made fast or let go;
                    ``(C) does not serve as part of the crew 
                complement required under section 8101;
                    ``(D) is not a member of the steward's 
                department; and
                    ``(E) is not a citizen or temporary or 
                permanent resident of a country designated by 
                the United States as a sponsor of terrorism or 
                any other country that the Secretary, in 
                consultation with the Secretary of State and 
                the heads of other appropriate United States 
                agencies, determines to be a security threat to 
                the United States.''.
    (c) Conforming Amendments.--
            (1) Citizenship requirement.--Section 8103 of such 
        title is amended by adding at the end the following:
    ``(j) Riding Gang Member.--This section does not apply to 
an individual who is a riding gang member.''.
            (2) Application of chapter 103.--Section 10301(b) 
        of such title is amended by striking ``voyage.'' and 
        inserting ``voyage or to riding gang members.''.
    (d) Clerical Amendment.--The analysis for chapter 81 of 
such title is amended by adding at the end the following:

``8106. Riding gangs.''.

                        TITLE IV--MISCELLANEOUS

SEC. 401. AUTHORIZATION OF JUNIOR RESERVE OFFICERS TRAINING PROGRAM 
                    PILOT PROGRAM.

    (a) In General.--The Secretary of the department in which 
the Coast Guard is operating may carry out a pilot program to 
establish and maintain a junior reserve officers training 
program in cooperation with the Camden County High School in 
Camden County, North Carolina.
    (b) Program Requirements.--The pilot program carried out by 
the Secretary under this section shall provide to students at 
Camden County High School--
            (1) instruction in subject areas relating to 
        operations of the Coast Guard; and
            (2) training in skills which are useful and 
        appropriate for a career in the Coast Guard.
    (c) Provision of Additional Support.--To carry out the 
pilot program under this section, the Secretary may provide to 
Camden County High School--
            (1) assistance in course development, instruction, 
        and other support activities; and
            (2) necessary and appropriate course materials, 
        equipment, and uniforms.
    (d) Employment of Retired Coast Guard Personnel.--
            (1) In general.--Subject to paragraph (2) of this 
        subsection, the Secretary may authorize the Camden 
        County High School to employ, as administrators and 
        instructors for the pilot program, retired Coast Guard 
        and Coast Guard Reserve commissioned, warrant, and 
        petty officers not on active duty who request that 
        employment and who are approved by the Secretary and 
        Camden County High School.
            (2) Authorized pay.--
                    (A) In general.--Retired members employed 
                under paragraph (1) of this subsectionare 
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.

    (a) Adequacy of Assets.--
            (1) Review.--The Commandant of the Coast Guard 
        shall review the adequacy of assets and facilities 
        described in subsection (b) to carry out the Coast 
        Guard's missions, including search and rescue, illegal 
        drug and migrant interdiction, aids to navigation, 
        ports, waterways and coastal security, marine 
        environmental protection, and fisheries law 
        enforcement.
            (2) Report.--Not later than 180 days after the date 
        of enactment of this Act, the Commandant shall submit 
        to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report that includes the findings of 
        the review and any recommendations to enhance 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--
                    (A) contractor capacity;
                    (B) national shipbuilding capacity;
                    (C) asset integration into Coast Guard 
                facilities;
                    (D) required personnel; and
                    (E) training infrastructure capacity on 
                technology associated with new assets.
    (c) Oversight Report.--Not later than 90 days after the 
date of enactment of this Act, the Commandant of the Coast 
Guard, in consultation with the Government Accountability 
Office, shall submit to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of 
Representatives a report on the status of the Coast Guard's 
implementation of the Government Accountability Office's 
recommendations in its report, GAO-04-380, entitled ``Coast 
Guard Deepwater Program Needs Increased Attention to Management 
and Contractor Oversight'', including the dates by which the 
Coast Guard plans to complete implementation of such 
recommendations if any of such recommendations remain open as 
of the date the report is transmitted to the Committees.
    (d) Independent Analysis of Revised Deepwater Plan.--The 
Secretary may periodically, either through an internal review 
process or a contract with an outside entity, conduct an 
analysis of all or part of the Deepwater program and assess 
whether--
            (1) the choice of assets and capabilities selected 
        as part of that program meets the Coast Guard's goals 
        for performance and minimizing total ownership costs; 
        or
            (2) additional or different assets should be 
        considered as part of that program.

SEC. 409. HELICOPTERS.

    (a) Study.--The Secretary of the department in which the 
Coast Guard is operating shall conduct a study that analyses 
the 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. OPINIONS REGARDING WHETHER CERTAIN FACILITIES CREATE 
                    OBSTRUCTIONS TO NAVIGATION.

    Section 14 of the Ports and Waterways Safety Act (33 U.S.C. 
1232a)) is amended--
            (1) by redesignating subsection (d) as subsection 
        (e); and
            (2) by inserting after subsection (c) the 
        following:
    ``(d) Wind Energy Facility.--
            ``(1) In general.--An offshore wind energy facility 
        may not be constructed in the area commonly known as 
        `Nantucket Sound' unless the construction of such 
        facility is approved by the Commandant of the Coast 
        Guard.
            ``(2) Information.--A person proposing to build an 
        offshore wind energy facility in the area commonly 
        known as `Nantucket Sound' shall provide to the 
        Commandant of the Coast Guard and the Governor of any 
        adjacent coastal State a plan for the siting and 
        construction of the facility, including the location, 
        size, and design of each wind turbine that will be a 
        part of the facility, any cable connecting the facility 
        to onshore sites, any other offshore components, and 
        such other information as the Commandant may require.
            ``(3) Limitation on approval.--The Commandant may 
        not approve the construction of a facility described in 
        paragraph (1) if--
                    ``(A) within 90 days of the date of receipt 
                of the plan for the facility under paragraph 
                (2), the Governor of an adjacent coastal State 
                makes a written determination that the Governor 
                opposes the proposed location for the facility 
                and submits the determination to the 
                Commandant; or
                    ``(B) the Commandant determines that the 
                facility creates a hazard to navigation.
            ``(4) Adjacent coastal state defined.--In this 
        section, the term `adjacent coastal State', as used 
        with respect to a proposed wind energy facility, is any 
        coastal State which--
                    ``(A) would be directly connected by a 
                cable to the facility; or
                    ``(B) is located within 15 miles of the 
                proposed location of the facility.''.

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.
                    ``(B) Program allocation.--
                            ``(i) In general.--Except as 
                        provided in clause (ii), the annual 
                        percentage of the total allowable 
                        catch, guideline harvest level, or 
                        other annual catch limit allocated to 
                        the program in each directed fishery of 
                        the Bering Sea and Aleutian Islands 
                        shall be the percentage approved by the 
                        Secretary, or established by Federal 
                        law, as of March 1, 2006, for the 
                        program. The percentage for each 
                        fishery shall be either a directed 
                        fishing allowance or include both 
                        directed fishing and nontarget needs 
                        based on existing practice with respect 
                        to the program as of March 1, 2006, for 
                        each fishery.
                            ``(ii) Exceptions.--Notwithstanding 
                        clause (i)--
                                    ``(I) the allocation under 
                                the program for each directed 
                                fishery of the Bering Sea and 
                                Aleutian Islands (other than a 
                                fishery for halibut, sablefish, 
                                pollock, and crab) shall be a 
                                directed fishing allocation of 
                                10 percent upon the 
                                establishment of a quota 
                                program, fishing cooperative, 
                                sector allocation, or other 
                                rationalization program in any 
                                sector of the fishery; and
                                    ``(II) the allocation under 
                                the program in any directed 
                                fishery of the Bering Sea and 
                                Aleutian Islands (other than a 
                                fishery for halibut, sablefish, 
                                pollock, and crab) established 
                                after the date of enactment of 
                                this subclause shall be a 
                                directed fishing allocation of 
                                10 percent.
                            ``(iii) Processing and other 
                        rights.--Allocations to the program 
                        include all processing rights and any 
                        other rights and privileges associated 
                        with such allocations as of March 1, 
                        2006.
                            ``(iv) Regulation of harvest.--The 
                        harvest of allocations under the 
                        program for fisheries with individual 
                        quotas or fishing cooperatives shall be 
                        regulated by the Secretary in a manner 
                        no more restrictive than for other 
                        participants in the applicable sector, 
                        including with respect to the harvest 
                        of nontarget species.
                    ``(C) Allocations to entities.--Each entity 
                eligible to participate in the program shall be 
                authorized under the program to harvest 
                annually the same percentage of each species 
                allocated to the program under subparagraph (B) 
                that it was authorized by the Secretary to 
                harvest 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, PortHeiden, 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 costsand 
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 
Secretaryreduces 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.
    (e) Transfer of Land.--
            (1) Requirement.--Subject to paragraph (2), the 
        Administrator of General Services, upon request by the 
        Secretary of Agriculture, shall transfer without 
        consideration to the Secretary of Agriculture any land 
        identified in subsection (b), together with the 
        improvements thereon, for administration under the laws 
        pertaining to the National Forest System if--
                    (A) 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;
                    (C) public safety; and
                    (D) such other terms and conditions 
                considered appropriate by the Secretary of 
                Agriculture.
    (e) Actions Following Termination or Revocation.--The 
Secretary of Agriculture may take such actions as are 
authorized under section 110(b) of the National Historic 
Preservation Act (16 U.S.C. 470h-2(b)) with respect to Tree 
Point Light Station if--
            (1) 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 theremediation 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 
islocated on such land on the date of enactment of this Act; or
            (2) any other release or threatened release on or 
        originating from public land described in subsection 
        (b) of any hazardous substance, pollutant, contaminant, 
        petroleum, or petroleum product or derivative, that 
        results from any Coast Guard activity occurring after 
        the date of enactment of this Act.
    (e) Inclusion in Refuge.--
            (1) Inclusion.--The public land described in 
        subsection (b) shall be part of St. Marks National 
        Wildlife Refuge.
            (2) Administration.--Subject to this subsection, 
        the Secretary of the Interior shall administer the 
        public land described in subsection (b)--
                    (A) through the Director of the United 
                States Fish and Wildlife Service; and
                    (B) in accordance with the National 
                Wildlife Refuge System Administration Act of 
                1966 (16 U.S.C. 668dd et seq.) and such other 
                laws as apply to Federal real property under 
                the sole jurisdiction of the United States Fish 
                and Wildlife Service.
    (f) Maintenance of Navigation Functions.--The transfer by 
subsection (c), and the administration of the public land 
described in subsection (b), shall be subject to such 
conditions and restrictions as the Secretary of the department 
in which the Coast Guard is operating considers necessary to 
ensure that--
            (1) the Federal aids to navigation located at St. 
        Marks National Wildlife Refuge continue to be operated 
        and maintained by the Coast Guard for as long as they 
        are needed for navigational purposes;
            (2) the Coast Guard may remove, replace, or install 
        any Federal aid to navigation at the St. Marks National 
        Wildlife Refuge as may be necessary for navigational 
        purposes;
            (3) the United States Fish and Wildlife Service 
        will not interfere or allow interference in any manner 
        with any Federal 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.''.
    (c) Report.--
            (1) Initial report.--Not later than 45 days after 
        the date of enactment of this Act, the Secretary of the 
        department in which the Coast Guard is operating shall 
        submit a report on liability limits described in 
        paragraph (2) to the Committee on Commerce, Science, 
        and Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives.
            (2) Contents.--The report shall include, at a 
        minimum, the following:
                    (A) An analysis of the extent to which oil 
                discharges from vessels and nonvessel sources 
                have or are likely to result in removal costs 
                and damages (as defined in section 1001 of the 
                Oil Pollution Act of 1990 (33 U.S.C. 2701)) for 
                which no defense to liability exists under 
                section 1003 of such Act and that exceed the 
                liability limits established in section 1004 of 
                such Act, as amended by this section.
                    (B) An analysis of the impacts that claims 
                against the Oil Spill Liability Trust Fund for 
                amounts exceeding such liability limits will 
                have on the Fund.
                    (C) Based on analyses under this paragraph 
                and taking into account other factors impacting 
                the Fund, recommendations on whether the 
                liability limits need to be adjusted in order 
                to prevent the principal of the Fund from 
                declining to levels that are likely to be 
                insufficient to cover expected claims.
            (3) Annual updates.--The Secretary shall provide an 
        update of the report to the Committees referred to in 
        paragraph (1) on an annual basis.

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.

    ``(a) Program.--
            ``(1) Establishment.--The Under Secretary of 
        Commerce for Oceans and Atmosphere, in conjunction with 
        the Commandant of the Coast Guard, shall establish a 
        program to detect, monitor, and evaluate the 
        environmental effects of submerged oil in the Delaware 
        River and Bay region. The program shall include the 
        following elements:
                    ``(A) The development of methods to remove, 
                disperse, or otherwise diminish the persistence 
                of submerged oil.
                    ``(B) The development of improved models 
                and capacities for predicting the environmental 
                fate, transport, and effects of submerged oil.
                    ``(C) The development of techniques to 
                detect and monitor submerged oil.
            ``(2) Report.--Not later than 3 years after the 
        date of enactment of the Delaware River Protection Act 
        of 2006, the Secretary of Commerce shall submit to the 
        Committee on Commerce, Science, and Transportation of 
        the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives a report 
        on the activities carried out under this subsection and 
        activities proposed to be carried out under this 
        subsection.
    ``(b) Demonstration Project.--
            ``(1) Removal of submerged oil.--The Commandant of 
        the Coast Guard, in conjunction with the Under 
        Secretary of Commerce for Oceans and Atmosphere, shall 
        conduct a demonstration project for the purpose of 
        developing and demonstrating technologies and 
        management practices to remove submerged oil from the 
        Delaware River and other navigable waters.
            ``(2) Funding.--There is authorized to be 
        appropriated to the Commandant of the Coast Guard 
        $2,000,000 for each of fiscal years 2006 through 2010 
        to carry out this subsection.''.
    (b) Clerical Amendment.--The table of sections in section 2 
of such Act is amended by inserting after the item relating to 
section 7001 the following:

``Sec. 7002. Submerged oil program.''.

SEC. 606. ASSESSMENT OF OIL SPILL COSTS.

    (a) Assessment.--The Comptroller General shall conduct an 
assessment of the cost of response activities and claims 
related to oil spills from vessels that have occurred since 
January 1, 1990, for which the total costs and claims paid was 
at least $1,000,000 per spill.
    (b) Report.--Not later than 18 months after the date of 
enactment of this Act, the Comptroller General shall submit to 
the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastructure 
of the House of Representatives a report on the assessment 
conducted under subsection (a). The report shall summarize the 
following:
            (1) The costs and claims described in subsection 
        (a) for each year covered by the report.
            (2) The source, if known, of each spill described 
        in subsection (a) for each such year.

SEC. 607. DELAWARE RIVER AND BAY OIL SPILL ADVISORY COMMITTEE.

    (a) Establishment.--There is established the Delaware River 
and Bay Oil Spill Advisory Committee (in this section referred 
to as the ``Committee'').
    (b) Membership.--
            (1) In general.--The Committee shall consist of 27 
        members who are appointed by the Commandant of the 
        Coast Guard and who have particular expertise, 
        knowledge, and experience regarding the transportation, 
        equipment, and techniques that are used to ship cargo 
        and to navigate vessels in the Delaware River and 
        Delaware Bay, as follows:
                    (A) Three members who are employed by port 
                authorities that oversee operations on the 
                Delaware River or have been selected to 
                represent these port authorities, of whom--
                            (i) one member shall be an employee 
                        or representative of the Port of 
                        Wilmington;
                            (ii) one member shall be an 
                        employee or representative of the South 
                        Jersey Port Corporation; and
                            (iii) one member shall be an 
                        employee or representative of the 
                        Philadelphia Regional Port Authority.
                    (B) Two members who represent organizations 
                that operate tugs or barges that utilize the 
                port facilities on the Delaware River and 
                Delaware Bay.
                    (C) Two members who represent shipping 
                companies that transport cargo by vessel from 
                ports on the Delaware River and Delaware Bay, 
                of whom at least one may not be a 
                representative of a shipping company that 
                transports oil or petroleum products.
                    (D) Two members who represent operators of 
                oil refineries adjacent to the Delaware River 
                and Delaware Bay.
                    (E) Two members who represent State-
                licensed pilots who work on the Delaware River 
                and Delaware Bay.
                    (F) One member who represents labor 
                organizations whose members load and unload 
                cargo at ports on the Delaware River and 
                Delaware Bay.
                    (G) One member who represents local 
                commercial fishing interests or an aquaculture 
                organization the members of which organization 
                depend on fisheries and resources in the waters 
                of Delaware River or Delaware Bay.
                    (H) Three members who represent 
                environmental organizations active with respect 
                to the Delaware River and Delaware Bay, 
                including a watershed advocacy group and a 
                wildlife conservation advocacy group.
                    (I) One member who represents an 
                organization affiliated with recreational 
                fishing interests in the vicinity of Delaware 
                River and Delaware Bay.
                    (J) Two members who are scientists or 
                researchers associated with an academic 
                institution and who have professional 
                credentials in fields of research relevant to 
                oil spill safety, oil spill response, or 
                wildlife and ecological recovery.
                    (K) Two members who are municipal or county 
                officials from Delaware.
                    (L) Two members who are municipal or county 
                officials from New Jersey.
                    (M) Two members who are municipal or county 
                officials from Pennsylvania.
                    (N) One member who represents an oil spill 
                response organization located on the lower 
                Delaware River and Delaware Bay.
                    (O) One member who represents the general 
                public.
            (2) Ex officio members.--The Committee may also 
        consist of an appropriate number (as determined by the 
        Commandant of the Coast Guard) of nonvoting members who 
        represent Federal agencies and agencies of the States 
        of New Jersey, Pennsylvania, and Delaware with an 
        interest in oil spill prevention in the Delaware River 
        and Delaware Bay.
    (c) Responsibilities.--
            (1) In general.--The Committee shall provide advice 
        and recommendations on measures to improve the 
        prevention of and response to future oil spills in the 
        Delaware River and Delaware Bay to the Commandant, the 
        Governors of the States of New Jersey, Pennsylvania, 
        and Delaware, the Committee on Commerce, Science, and 
        Transportation of the Senate, and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives.
            (2) Report.--Not later than 18 months after the 
        date that the Commandant completes appointment of the 
        members of the Committee, the Committee shall provide a 
        report to the entities referred to in paragraph (1) 
        with the recommendations of the Committee, including a 
        ranking of priorities, for measures to improve 
        prevention and response to oil spills described in 
        paragraph (1).
    (d) Meetings.--The Committee--
            (1) 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.
    (g) Pay and Expenses.--
            (1) Prohibition on pay.--Members of the Committee 
        who are not officers or employees of the United States 
        shall serve without pay. Members of the Committee who 
        are officers or employees of the United States shall 
        receive no additional pay on account of their service 
        on the Committee.
            (2) Expenses.--While away from their homes or 
        regular places of business, members of the Committee 
        may be allowed travel expenses, including per diem, in 
        lieu of subsistence, as authorized by section 5703 of 
        title 5, United States Code.
    (h) Funding.--There is authorized to be appropriated 
$1,000,000 for each of fiscal years 2006 through 2007 to carry 
out this section.
    (i) Termination.--The Committee shall terminate 18 months 
after the date on which the Commandant completes the 
appointment of members of the Committee.

SEC. 608. NONTANK VESSELS.

    Section 311(a)(26) of the Federal Water Pollution Control 
Act (33 U.S.C. 1321(A)(26)) is amended to read as follows:
            ``(26) `nontank vessel' means a self-propelled 
        vessel that--
                    ``(A) is at least 400 gross tons as 
                measured under section 14302 of title 46, 
                United States Code, or, for vessels not 
                measured under that section, as measured under 
                section 14502 of that title;
                    ``(B) is not a tank vessel;
                    ``(C) carries oil of any kind as fuel for 
                main propulsion; and
                    ``(D) operates on the navigable waters of 
                the United States, as defined in section 
                2101(17a) of that title.''.

                     TITLE VII--HURRICANE RESPONSE

SEC. 701. HOMEOWNERS ASSISTANCE FOR COAST GUARD PERSONNEL AFFECTED BY 
                    HURRICANES KATRINA OR RITA.

    (a) In General.--Notwithstanding any other provision of 
law, the Secretary of the department in which the Coast Guard 
is operating may reimburse a person who is eligible for 
reimbursement under this section, for losses of qualified 
property owned by such person that result from damage caused by 
Hurricane Katrina or Hurricane Rita.
    (b) Eligible Persons.--A person is eligible for 
reimbursement under this section if the person is a civilian 
employee of the Federal Government or member of the uniformed 
services who--
            (1) was assigned to, or employed at or in 
        connection with, a Coast Guard facility located in the 
        State of Louisiana, Mississippi, Alabama, or Texas on 
        or before August 28, 2005;
            (2) incident to such assignment or employment, 
        owned and occupied property that is qualified property 
        under subsection (e); and
            (3) as a result of the effects of Hurricane Katrina 
        or Hurricane Rita, incurred damage to such qualified 
        property such that--
                    (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.

    (a) Reports Required.--
            (1) Interim report.--Not later than 90 days after 
        the date of enactment of this Act, the Secretary of the 
        department in which the Coast Guard is operating shall 
        submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives an interim report on the impact of 
        Hurricane Katrina and the response of the Coast Guard 
        to such impact.
            (2) Final report.--Not later than 180 days after 
        the date of the submittal of the report under paragraph 
        (1), the Secretary shall submit to the committees 
        referred to in paragraph (1) a final report on the 
        impact of Hurricane Katrina and the response of the 
        Coast Guard to such impact.
    (b) Elements.--Each report required by subsection (a) shall 
include the following:
            (1) A discussion and assessment of the impact of 
        Hurricane Katrina on the facilities, aircraft, vessels, 
        and other assets of the Coast Guard, including an 
        assessment of such impact on pending or proposed 
        replacements or upgrades of facilities, aircraft, 
        vessels, or other assets of the Coast Guard.
            (2) A discussion and assessment of the impact of 
        Hurricane Katrina on Coast Guard operations and 
        strategic goals.
            (3) A statement of the number of emergency drills 
        held by the Coast Guard during the 5-year period ending 
        on the date of the report with respect to natural 
        disasters and with respect to security incidents.
            (4) A description and assessment of--
                    (A) the lines of communication and 
                reporting, during the response to Hurricane 
                Katrina, within the Coast Guard and between the 
                Coast Guard and other departments and agencies 
                of the Federal Government and State and local 
                governments; and
                    (B) the interoperability of such 
                communications during the response to Hurricane 
                Katrina.
            (5) A discussion and assessment of the financial 
        impact on Coast Guard operations during fiscal years 
        2005 and 2006 of unbudgeted increases in prices of 
        fuel.

SEC. 706. REPORTS ON IMPACTS ON NAVIGABLE WATERWAYS.

    (a) Reports Required.--
            (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:

``VII. MISCELLANEOUS............................................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.
``70119. Civil penalty.
``70120. In rem liability for civil penalties and certain costs.
``70121. Withholding of clearance.''.

    (m) Area Maritime Security Advisory Committees; Margin 
Alignment.--Section 70112(b) of title 46, United States Code, 
is amended by moving paragraph (5) two ems to the left, so that 
the left-hand margin of paragraph (5) aligns with the left-hand 
margin of paragraph (4) of such section.
    (n) Technical Correction Regarding Tank Vessel 
Environmental Equivalency Evaluation Index.--Section 4115(e)(3) 
of the Oil Pollution Act of 1990 (46 U.S.C. 3703a note) is 
amended by striking ``hull'' the second place it appears.
    (o) Corrections to Section 6101 of Title 46, United States 
Code.--Section 6101 of title 46, United States Code, is 
amended--
            (1) by redesignating subsection (h) as subsection 
        (i); and
            (2) by redesignating the second subsection (g) as 
        subsection (h).
    (p) Drug Interdiction Report.--
            (1) In general.--Section 103 of the Coast Guard 
        Authorization Act of 1996 (14 U.S.C. 89 note; 110 Stat. 
        3905) is amended to read as follows:

``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'';
            (2) in section 6308--
                    (A) by redesignating subsections (b) and 
                (c) as subsections (c) and (d), respectively; 
                and
                    (B) by striking subsection (a) and 
                inserting the following:
    ``(a) Notwithstanding any other provision of law, no part 
of a report of a marine casualty investigation conducted under 
section 6301 of this title, including findings of fact, 
opinions, recommendations, deliberations, or conclusions, shall 
be admissible as evidence or subject to discovery in any civil 
or administrative proceedings, other than an administrative 
proceeding initiated by the United States.
    ``(b) Any member or employee of the Coast Guard 
investigating a marine casualty pursuant to section 6301 of 
this title shall not be subject to deposition or other 
discovery, or otherwise testify in such proceedings relevant to 
a marine casualty investigation, without the permission of the 
Secretary. The Secretary shall not withhold permission for such 
employee or member to testify, either orally or upon written 
questions, on solely factual matters at a time and place and in 
a manner acceptable to the Secretary if the information is not 
available elsewhere or is not obtainable by other means.'';
            (3) in subsection (c), as redesignated by this 
        section, by striking ``subsection (a)'' and inserting 
        ``subsections (a) and (b)''; and
            (4) in subsection (d), as redesignated by this 
        section, by striking ``subsections (a) and (b)'' and 
        inserting ``subsections (a), (b), and (c)''.
    (f) Mortgage Insurance.--Section 222 of the National 
Housing Act of 1934 (12 U.S.C. 1715m) is amended by striking 
``of Transportation'' each place it appears and inserting ``of 
Homeland Security''.
    (g) Arctic Research.--Section 107(b)(2) of the Arctic 
Research and Policy Act of 1984 (15 U.S.C. 4106(b)(2)) is 
amended--
            (1) by redesignating subparagraphs (I) through (K) 
        as subparagraphs (J) through (L), respectively; and
            (2) by inserting after subparagraph (H) the 
        following:
                    ``(I) the Department of Homeland 
                Security;''.
    (h) Conservation.--
            (1) Section 1029.--Section 1029(e)(2)(B) of the 
        Bisti/De-Na-Zin Wilderness Expansion and Fossil 
        Protection Act of 1996 (16 U.S.C. 460kkk(e)(2)(B)) is 
        amended by striking ``Secretary of Transportation, to 
        represent the United States Coast Guard.'' and 
        inserting ``Commandant of the Coast Guard''.
            (2) Section 312.--Section 312(c) of the Antarctic 
        Marine Living Resources Convention Act of 1984 (16 
        U.S.C. 2441(c)) is amended by striking ``of 
        Transportation'' and inserting ``of Homeland 
        Security''.
    (i) Internal Revenue Code of 1986.--Section 3122 of the 
Internal Revenue Code of 1986 (26 U.S.C. 3122) is amended by 
striking ``Secretary of Transportation'' each place it appears 
and 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.''.
    And the Senate agree to the same.
                From the Committee on Transportation and 
                Infrastructure, for consideration of the House 
                bill and the Senate amendment, and 
                modifications committed to conference:
                                   Don Young,
                                   Frank A. LoBiondo,
                                   Howard Coble,
                                   Peter Hoekstra,
                                   Pete Simmons,
                                   Mario Diaz-Balart,
                                   Charles W. Boustany, Jr.,
                                   James L. Oberstar,
                                   Bob Filner,
                                   Gene Taylor,
                                   Brian Higgins,
                                   Allyson Y. Schwartz,
                From the Committee on Energy and Commerce, for 
                consideration of sec. 408 of the House bill, 
                and modifications committed to conference:
                                   Joe Barton,
                                   Paul Gillmor,
                                   John D. Dingell,
                From the Committee on Homeland Security, for 
                consideration of secs. 101, 404, 413, and 424 
                of the House bill, and secs. 202, 207, 215, and 
                302 of the Senate amendment, and modifications 
                committed to conference:
                                   Bennie G. Thompson,
                From the Committee on Resources, for 
                consideration of secs. 426, 427, and title V of 
                the House bill, and modifications committed to 
                conference:
                                   Richard Pombo,
                                   Walter B. Jones,
                                 Managers on the Part of the House.

                                   Ted Stevens,
                                   Olympia Snowe,
                                           (except section 414),
                                   Trent Lott,
                                   Gordon Smith,
                                   Daniel Inouye,
                                   Maria Cantwell,
                                           (except section 414),
                                   Frank R. Lautenberg,
                                           (except section 414),
                                Managers on the Part of the Senate.
       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

      The managers on the part of the House and the Senate at 
the conference on the disagreeing votes of the two Houses on 
the amendment of the Senate to the bill (H.R. 889), 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, submit 
the following joint statement to the House and the Senate in 
explanation of the effect of the action agreed upon by the 
managers and recommended in the accompanying conference report:
      The Senate amendment struck all of the House bill after 
the enacting clause and inserted a substitute text.
      The House recedes from its disagreement to the amendment 
of the Senate with an amendment that is a substitute for the 
House bill and the Senate amendment. The differences between 
the House bill, the Senate amendment, and the substitute agreed 
to in conference are noted below, except for clerical 
corrections, conforming changes made necessary by agreements 
reached by the conferees, and minor drafting and clarifying 
changes.
      As of April 6, 2006 (4:00)
Section 1. Short title
      Section 1 of the House bill states that the Act may be 
referred to as the ``Coast Guard and Maritime Transportation 
Act of 2005.''
      Section 1 of the Senate amendment states the Act may be 
cited as the ``Coast Guard Authorization Act of 2005.''
      The Conference substitute states that the Act may be 
referred to as the ``Coast Guard and Maritime Transportation 
Act of 2006''.

                         TITLE I--AUTHORIZATION

Section 101. Authorization of appropriations
      Section 101 of the House bill authorizes funds for the 
Coast Guard in FY 2006. It authorizes approximately $8.7 
billion in funding for the necessary expenses of the Coast 
Guard in FY 2006. Paragraph (1) of that section authorizes a 
funding level of $5,586,400,000 for the Coast Guard's Operating 
Expenses Account including an amount of $39 million to 
establish a second Helicopter Interdiction Tactical Squadron 
(HITRON) on the west coast.
      Section 101(2) of the House bill authorizes 
$1,903,821,000 for the Coast Guard's Acquisitions, Construction 
and Improvements Accounting including approximately $1.6 
billion for the Integrated Deepwater Systems program 
(Deepwater). Of the funding authorized for Deepwater in FY 
2006, H.R. 889 authorizes an amount of $1,316,300,000 for the 
acquisition and construction of new vessels, aircraft, 
facilities, and support systems and an amount of $284,369,000 
for the sustainment of the Coast Guard's legacy vessels and 
aircraft.
      Section 101(3) of the House bill authorizes an amount of 
$24,000,000 for the Coast Guard's program to research and 
develop technologies, measures, and procedures to enhance the 
Coast Guard's capabilities to carry out all of the Service's 
many missions.
      Section 101(5) of the House bill authorizes an amount of 
$35,900,000 for the Federal share of costs associated with 
alteration or removal of bridges that have been identified by 
the Coast Guard as obstructions to navigation.
      Section 101 of the House bill also authorizes $12,000,000 
for environmental compliance and restoration at Coast Guard 
facilities and $119,000,000 for the Coast Guard Reserve 
program. Lastly, this section authorizes $1,014,080,000 for 
retired pay, a mandatory expenditure.
      Section 101 of the Senate amendment is similar to the 
House provision except that the Senate provision authorizes 
funds for FY 2006 and 2007 and contains different authorization 
levels than those that are included in the House bill. Section 
101 authorizes $5.594 billion for operating expenses for FY 
2006 and $6.042 billion for FY 2007. The Senate amendment also 
authorizes $1.424 billion for Acquisition, Construction and 
Improvements for FY 2006 and $1.538 billion for FY 2007. As a 
reflection of its support of the Coast Guard recapitalizing its 
fleet of cutters and aircraft, the reported bill would 
authorize $1.1 billion for Deepwater in FY 2006, $134 million 
above the President's request. Deepwater is authorized at 
$1.188 billion for FY 2007.
      The Conference substitute authorizes funds for the Coast 
Guard in FY 2006 as follows:

Operation and Maintenance...............................  $5,633,900,000
Acquisition, Construction and Improvement...............   1,903,821,000
Research, Development, Test and Evaluation..............      24,000,000
Retired Pay.............................................   1,014,080,000
Bridge Alteration.......................................      37,400,000
Environmental Compliance and Restoration................      12,000,000
Coast Guard Reserve Training............................     119,000,000
                    --------------------------------------------------------
                    ____________________________________________________
    Total...............................................   8,744,201,000

      Of the amount authorized for OE, the conferees direct the 
Coast Guard to dedicate $39 million for the creation of an 
additional Coast Guard Helicopter Interdiction Tactical 
Squadron (HITRON).
      Currently, the only Coast Guard HITRON squadron is based 
in Jacksonville, Florida. The Coast Guard's HITRON squadron 
carries out illegal drug interdiction missions in concert with 
Coast Guard vessels in the Caribbean Sea and in the Eastern 
Pacific Ocean. HITRON helicopters enhance the capabilities of 
Coast Guard cutters and associated small boats to pursue and 
apprehend `go-fast' vessels that attempt to smuggle illicit 
drugs into the United States. The Coast Guard has estimated 
that the HITRON squadron has prevented an estimated 8.5 tons, 
or $6 billion in illegal drugs from entering the United States.
      The authorization for the Coast Guard's Acquisitions, 
Construction and Improvement account includes $1.6 billion for 
Deepwater which includes an amount of $1,316,300,000 for the 
acquisition and construction of new vessels, aircraft, 
facilities, and support systems and an amount of $284,369,000 
for the sustainment of the Coast Guard's legacy vessels and 
aircraft. The Conferees remain concerned that these assets are 
deteriorating at a faster pace than originally projected and 
require a dedicated funding stream. The conferees recommend 
that the Coast Guard examine ways to decrease the costs of 
maintaining and sustaining the Services' legacy assets, 
particularly the fleet of 110-foot cutters, and HH-65 
helicopters. The rapid deterioration of these assets is 
draining funding and resources from the acquisition of 
replacement assets and lengthening the time before new assets 
will be employed by Coast Guardsmen in our waters and in our 
skies. The authorized funding level would also accelerate the 
purchase of new Deepwater assets, making assets with enhanced 
capabilities available more quickly to carry out the Service's 
many important traditional and homeland security missions.
      The authorization for the Acquisitions, Construction and 
Improvement account AC&I account includes $101 million for the 
upgrading of the Rescue 21 program. The conferees are very 
concerned that the funding for this critically important 
program has significantly decreased over the past year, and 
would like to see funding restored to at least this level for 
FY 2006.
      The conferees note that the Coast Guard and the State of 
Hawaii have been working jointly pursuant to a Memorandum of 
Understanding to develop an emergency communications system for 
state and federal officials, known as the Rainbow (Anuenue) 
Digitial Microwave Project, on a matched-funding basis. Rescue 
21 in Hawaii will utilize the infrastructure provided by this 
project. Now that the State has its money in place, the 
conferees expect the Coast Guard to move forward with its 
obligations under the Memorandum of Understanding to complete 
the project.
      The authorization for the Acquisitions, Construction and 
Improvement account also includes $8.7 million to be used for 
the construction of an Aquatic Training Facility for the 
Aviation Survival Technician ``A'' School located at Coast 
Guard Air Station Elizabeth City, NC, $10 million to complete 
the Vessel Traffic System upgrade for Puget Sound, and $3 
million to complete the construction of the Sector Operations 
Building for Group Seattle.
      With respect to the authorization of Research, 
Development, Test and Evaluation funding, the conferees 
strongly believe that this funding should remain under the 
Coast Guard's direct control and should not be transferred to 
any other entity within the Department of Homeland Security, as 
the President has again proposed. The Coast Guard's unique 
character as a military service with a wide scope of regulatory 
functions requires that this funding be available to support 
missions including defense readiness, search and rescue, marine 
environmental protection, providing aids to navigation and 
protecting America's maritime homeland security.
      With respect to the funding for bridge alterations, the 
conferees recommend that $20 million of the total amount be 
utilized to make changes to the Galveston Causeway Railroad 
Bridge in Galveston, Texas to improve navigation safety and 
$2.5 million be utilized to continue work on the Chelsea Bridge 
in Boston, Massachusetts.
      The conferees recommend that the Coast Guard re-evaluate 
the categorization of both the Leeville Bridge and the Kerner 
Ferry Bridge in Louisiana. The Leeville Bridge provides the 
only access to Port Fouchon and Grand Isle, and has been struck 
11 times in the past year while the Kerner Ferry Bridge has 
experienced several vertical clearance problems. These bridges 
are currently categorized as non-hazards to navigation, 
therefore making them ineligible for funds under the Truman-
Hobbs Act.
      The conferees are aware of the efforts of the Institute 
of Marine and Coastal Sciences at Rutgers University to develop 
a High Frequency Radar network for U.S. coastal waters. This 
technology was used in local search and rescue demonstration 
projects funded by the Coast Guard Research and Development 
Center in 2004. The conferees urge the Coast Guard to work with 
Rutgers to establish a regional pilot project in the Mid-
Atlantic. The goal of the project should be to make CODAR an 
operational search and rescue tool.
      The conferees are aware that the Coast Guard Cutter 
ACACIA is scheduled to be decommissioned in 2006. The conferees 
urge the Coast Guard to replace the ACACIA with a vessel that 
has icebreaking capabilities in order to maintain commercial 
shipping in the Great Lakes and particularly northern Lake 
Michigan. The need to ensure the availability of a ship that 
can assist in icebreaking is particularly important because the 
Canadian government has decommissioned one of its buoy tenders, 
which will increase the demands on U.S. icebreakers. Therefore, 
the Coast Guard should ensure that an icebreaking tug shall 
continue to be home ported on northern Lake Michigan and shall 
provide the necessary funding for operations and maintenance of 
such vessel.
      The conferees recommend that the United States Coast 
Guard Captains of the Port be made aware that vessels that use 
certain valves manufactured by TankTech have been banned in 
Denmark and Italy because of safety concerns with those valves. 
That ban has been upheld by the European Union Commission based 
on tests at EU-approved laboratories. The American Bureau of 
Shipping is also recommending that these valves be removed from 
all vessels that they class. Additionally, the conferees 
recommend that the United States Coast Guard work more closely 
with its European Union maritime counterparts with regards to 
testing and test evaluation of those valves to ensure 
uniformity of test results.
Section 102. Authorized levels of military strength and training
      Section 102 of the House bill authorizes a Coast Guard 
end-of-year strength of 45,500 active duty military personnel 
for FY 2006. This level maintains the personnel level that was 
authorized at the end of FY 2005. The section also authorizes 
average military training student loads for FY 2006 at the same 
level as was authorized in FY 2005. At the end of FY 2005, 
39,717 active duty personnel were serving in the Coast Guard. 
The section also authorizes average military training student 
loads for FY 2006 as follows:

------------------------------------------------------------------------
                                                               Student
                          Training                              years
------------------------------------------------------------------------
Recruit/Special............................................        2,500
Flight.....................................................          125
Professional...............................................          350
Officer Acquisition........................................        1,200
------------------------------------------------------------------------

      Section 102 of the Senate amendment is substantively 
similar to the House bill, except that it authorizes these 
personnel levels for FYs 2006 and 2007.
      The Conference substitute adopts the House provision.
Section 103. Authorization of funding related to Katrina
      Section 103 of the House bill authorizes $60,000,000 
(above the amount authorized for the Coast Guard in Section 
101) in FY 2005 for the Coast Guard's emergency hurricane 
expenses, emergency repairs, deployment of personnel, to 
support costs of evacuation, and other costs resulting from the 
immediate relief efforts related to Hurricane Katrina.
      Section 702 of the Senate amendment similarly authorizes 
funding above the amount authorized in Section 101 in FY 2005. 
The Section specifically authorizes $200,000,000 for the 
operation and maintenance of the Coast Guard in responding to 
Hurricane Katrina, including for search and rescue efforts, 
clearing channels, emergency response to oil and chemical 
spills, and increased costs due to higher than expected fuel 
costs. Also, $300,000,000 is authorized for the acquisition, 
construction, renovation, and improvements of aids to 
navigation, shore and offshore facilities, and vessels and 
aircraft related to damage caused by Hurricane Katrina.
      The Conference substitute adopts the Senate provision 
with an amendment that includes a supplemental authorization of 
$300,000,000 for the Coast Guard's Operating Expenses account 
and $200,000,000 for the Acquisitions, Construction and 
Improvements account for non-reimbursed expenditures associated 
with the Coast Guard's response to Hurricane Katrina and 
stipulates that amounts appropriated under this authorization 
are to remain available until expended.
Section 104. Web-based data management
      The House bill does not contain a similar provision.
      Section 104 of the Senate amendment provides an 
authorization of $1,000,000 for the Coast Guard to continue 
their development of a web-based risk management system that 
links occupational health and safety databases to reduce 
accidents and fatalities.
      The Conference substitute adopts the Senate provision.

                         TITLE II--COAST GUARD

Section 201. Extension of Coast Guard vessel anchorage and movement 
        authority
      Section 201 of the House bill amends section 91 of title 
14, United States Code, (relating to the Coast Guard's 
authority to establish security areas to ensure the safety and 
security of naval vessels) to redefine the term `navigable 
waters of the United States' toinclude territorial waters out 
to 12 nautical miles from shore. This amendment updates existing law to 
reflect the expansion of U.S. territorial waters from 3 nautical miles 
to 12 nautical miles from shore that was made by Presidential 
Proclamation Number 5928 on December 27, 1988.
      Section 201 of the Senate amendment is substantively 
similar to the House bill.
      The Conference substitute adopts the House provision.
Section 202. International training and technical assistance
      Section 202 of the House bill authorizes the Commandant 
of the Coast Guard to conduct international training and to 
provide technical assistance to international navies, coast 
guards and maritime authorities during regular Coast Guard 
operations without requiring a specific request from a third 
party U.S. Government agency.
      Section 207 of the Senate amendment is substantively 
similar to the House bill.
      The Conference substitute adopts the House provision.
Section 203. Officer promotion
      Section 203 of the House bill authorizes the Secretary of 
the department in which the Coast Guard is operating to waive 
time in grade requirements for junior and mid-grade officers to 
ensure that all officers are considered for promotion earlier 
than is currently possible under title 14, United States Code. 
This section would grant officers of the Coast Guard the same 
below grade promotion opportunity that is currently authorized 
for officers of the other military services. This change would 
allow the Coast Guard to have more flexibility in promoting the 
best qualified officers.
      Section 406 of the Senate amendment is substantively 
similar to the House bill.
      The Conference substitute adopts the House provision.
Section 204. Coast Guard Band Director
      Section 204 of the House bill authorizes the Secretary to 
appoint the United States Coast Guard Band Director at a rank 
commensurate with the person's experience and training, rather 
than requiring the Director to be appointed as junior officer. 
The proposal would also allow the Secretary to appoint a person 
who is not a member of the Coast Guard as the Band Director 
rather than being limited to only members of the Coast Guard.
      Section 402 of the Senate amendment is identical to the 
House bill, except for minor technical changes.
      The Conference substitute adopts the House provision.
Sec. 205. Authority for one-step turnkey design-build contracting
      Section 205 of the House bill authorizes the Secretary to 
award consolidated design-build contracts using a one-step 
turnkey selection procedure similar to the authority provided 
to the Department of Defense. One-step turnkey contracting 
authority would allow the selection of a contractor on the 
basis of price and other evaluation criteria through a single 
proposal for both the design and construction of a facility.
      Section 405 of the Senate amendment is identical to the 
House bill, except for minor technical changes.
      The Conference substitute adopts the House provision.
Section 206. Reserve recall authority
      Section 206 of the House bill authorizes the Secretary to 
order Coast Guard Reservists to active duty, for not more than 
sixty days in any four-month period and not more than one 
hundred twenty days in any two-year period, to augment Coast 
Guard active duty forces.
      Section 403 of the Senate Amendment is substantively 
similar to the House provision; however it also expands the 
ability to use recalls for a threat of a terrorist attack. The 
provision also requires that, for purposes of calculating the 
duration of active duty, a period of active duty shall begin on 
the first day that a member reports to active duty, including 
for training.
      The Conference substitute adopts the Senate provision 
with a technical amendment.
Section 207. Reserve Officer distribution
      Section 207 of the House bill amends Section 724 of title 
14, United States Code, to link Coast Guard Reserve officer 
authorization levels to active duty officer authorization 
levels for junior and mid-grade officers in order to properly 
distribute the numbers of Reserve officers in those grades. The 
proposal would also make clear that Reserve officers in an 
active status are counted only against the Reserve component 
strength.
      Section 401 of the Senate amendment is identical to the 
House provision, except for a minor technical change.
      The Conference substitute adopts the House provision.
Section 208. Expansion of use of auxiliary equipment to support

                          COAST GUARD MISSIONS

      Section 208 of the House bill authorizes the Coast Guard 
to cover personal motorized vehicles of members of the Coast 
Guard Auxiliary, in limited circumstances, under Coast Guard 
claims procedures when an Auxiliary member is towing, under 
official Coast Guard orders and in support of Coast Guard 
missions, trailers that carry government owned boats and other 
equipment. Currently, an Auxiliary member is only eligible for 
liability coverage under Coast Guard claims procedures when the 
member uses his own vehicle to tow his own boat or Auxiliary 
equipment that has been designated for Coast Guard use.
      Section 404 of the Senate amendment is substantively 
similar to the House provision.
      The Conference substitute adopts the House provision with 
a clarifying amendment.
Section 209. Coast Guard History Fellowships
      Section 209 of the House bill authorizes the Secretary to 
develop regulations to award Coast Guard History Fellowships to 
graduate students who agree to prepare their doctoral 
dissertations on issues related to the history of the Coast 
Guard.
      The Senate amendment did not contain a similar provision.
      The Conference substitute adopts the House provision with 
an amendment that limits the total amount of any fellowship to 
$25,000 per year and the number of fellowships awarded in each 
year to no more than two.
Section 210. Icebreakers
      Sec. 210 of the House bill requires the Secretary to 
submit, not later than 90 days after the date of the enactment 
of the Act, 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 for operation and maintenance of Coast Guard 
icebreakers in the waters of Antarctica after FY 2006 that does 
not rely on the transfer of funds to the Coast Guard by any 
other Federal agency. The plan must be implemented after FY 
2006, subject to the availability of appropriations.
      Sec. 210 of the Senate amendment requires the Coast Guard 
to take all necessary measures to maintain, at a minimum, its 
current vessel capacity for carrying out icebreaking in the 
Arctic and Antarctic regions and for the long-term 
recapitalization of such vessels. It authorizes $100,000,000 
for the Department in which the Coast Guard is operating to 
carry out this section.
      The Conference substitute adopts a provision that 
requires the Coast Guard to submit to Congress not later than 
90 days after enactment a plan to operate and maintain the 
POLAR STAR, POLAR SEA, and HEALY fleet after FY 2006 and for 
the long-term recapitalization of the Coast Guard's polar 
icebreaking fleet. The provision further directs the Coast 
Guard to take all measures necessary to maintain current 
operational capabilities to carry out icebreaking operations in 
the Arctic, the Antarctic, the Great Lakes and the Northeast. 
Lastly, the provision includes an authorization of $100,000,000 
for FY 2006 to carry out these obligations with respect to the 
Coast Guard's polar icebreakers.
      The conferees are extremely concerned by the 
Administration's continued proposals to divert funds to operate 
Coast Guard icebreakers from the Coast Guard's budget to that 
of another Federal agency. Such a transfer of funds from the 
Coast Guard's control could force the service to operate and 
maintain these vessels in the future without any reliable 
source of funding. The conferees strongly agree with the 
recommendations of the National Academy of Sciences' interim 
report that the United States retains icebreaking capabilities 
to assert significant geo-political, security, economic, and 
scientific interests in the Arctic and Antarctic.
Section 211. Operation as a service in the Navy
      Section 211 of the House bill removes the automatic 
trigger in current law whereby the Coast Guard will operate as 
a service in the United States Navy upon the declaration of 
war. It retains the provision in current law whereby the Coast 
Guard will operate as a service in the Navy when the President 
directs.
      The Senate amendment does not contain a comparable 
provision.
      The Conference substitute adopts language that clarifies 
that the Coast Guard shall operate as a service in the Navy 
only upon positive action by Congress or the President.
Section 212. Limitation on transfer to St. Elizabeth's Hospital
      Section 215 of the House bill provides that the Coast 
Guard may not move any of its personnel, property, or other 
assets to the West Campus of St. Elizabeths 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 plans to provide road access to the site 
from Interstate 295 and for the design of facilities for at 
least one federal agency other than the Coast Guard that would 
house no less than 2,000 employees at such location.
      The Senate amendment does not contain a comparable 
provision.
      The Conference substitute adopts the House provision with 
an amendment that adds several items to the scope of the plans 
that are required to be submitted to Congress.
Section 213. Cooperative arrangements
      The House bill does not contain a comparable provision.
      Section 204 of the Senate amendment would require the 
Coast Guard to submit a report on opportunities for and the 
feasibility of co-locating Coast Guard assets and personnel at 
facilities of other Armed Services branches as well as entering 
into cooperative agreements for carrying out Coast Guard 
missions.
      The Conference substitute adopts the Senate provision 
with a technical modification. The conferees direct the Coast 
Guard to examine Naval Station Everett and Naval Station 
Pascagoula for such potential arrangements.
Section 214. Biodiesel feasibility report
      The House bill does not contain a comparable provision.
      Section 209 of the Senate amendment would require the 
Coast Guard to submit a report on the feasibility of using bio-
diesel fuel in both new and existing vehicles and vessels.
      The Conference substitute adopts the Senate provision. 
The conferees expect the Coast Guard to identify and consider 
analyses on the use of biodiesel fuel conducted by other 
agencies as part of its study.
Section 215. Boating Safety Director
      The House bill does not contain a comparable provision.
      Section 408 of the Senate amendment would ensure that the 
individual who is assigned as the Director of the Coast Guard's 
Office of Boating Safety office will be a uniformed officer in 
the rank of Captain.
      The Conference substitute adopts the Senate provision.
Section 216. Hangar at Coast Guard Air Station Barbers Point
      The House bill does not contain a comparable provision.
      Section 409 of the Senate amendment would require the 
Coast Guard to submit a report that includes a proposal and 
cost analysis for constructing an enclosed hangar at Coast 
Guard Air Station Barbers Point. The current station is not 
enclosed and is not large enough to house a single C-130. Due 
to the resulting exposure, aircraft are experiencing corrosion.
      The Conference substitute adopts the Senate provision.
Section 217. Promotion of Coast Guard Officers
      The House bill does not contain a comparable provision.
      Section 410 of the Senate amendment modifies the 
requirement for advice and consent of the Senate for officer 
appointments to the rank of Lieutenant (O-3) and below in both 
peacetime and wartime.
      The Conference substitute adopts the Senate provision.
Section 218. Redesignation of Coast Guard Law Specialists as Judge 
        Advocates
      The House bill does not contain a comparable provision.
      Section 407 of the Senate amendment would redesignate 
Coast Guard ``law specialists'' as ``judge advocates.'' The 
Coast Guard is currently the only military service that does 
not use the title ``judge advocate'' for its military 
attorneys.
      The Conference substitute adopts the Senate provision.

                   TITLE III--SHIPPING AND NAVIGATION

Section 301. Treatment of ferries as passenger vessels
      Section 301 of the House bill amends the definition of 
``passenger vessel'' and ``small passenger vessel'' to include 
ferries that carry passengers with or without charge.
      The Senate amendment does not contain a comparable 
provision.
      The Conference substitute adopts the House provision.
Section 302. Great Lakes pilotage annual ratemaking
      Section 302 of the House bill requires the Coast Guard to 
review and adjust pilotage rates as necessary by March 1 of 
each year, which is in advance of the opening of the Great 
Lakes shipping season. Annual adjustments lend stability to the 
shipping system by avoiding the much larger increases that have 
occurred recently when multiple years lapse between 
adjustments.
      The Senate amendment does not contain a comparable 
provision.
      The Conference substitute includes a provision that 
requires the Secretary of the department in which the Coast 
Guard is operating to adjust Great Lakes pilotage rates 
annually based on an annual review of base pilotage rates that 
are required to be established not less than every 5 years 
following a full rulemaking process. It is not, however, the 
intent of the conferees that the adjustment of annual rates be 
subject to a full rulemaking process.
Section 303. Certification of vessel nationality in drug smuggling 
        cases
      Section 303 of the House bill amends the Maritime Drug 
Law Enforcement Act to strike the requirement that the United 
States receive a denial of a vessel's claim of registry from a 
foreign country before asserting jurisdiction over a vessel. 
The revised language requires only that the United States 
receive a response from a foreign government regarding the 
claim of registry. Therefore, this amendment would allow the 
U.S. to prove that a flag State, which the defendant alleged 
has jurisdiction, does not have such jurisdiction if the flag 
State, in response to a U.S. inquiry, responds that it can 
neither confirm nor deny a suspect vessel's nationality.
      Section 210 of the Senate amendment contains a 
substantively similar provision with a technical change that 
clarifies that the response of a foreign nation 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.
      The Conference substitute adopts the Senate provision 
with a technical amendment.
Section 304. LNG tankers
      Section 304 of the House bill requires the Secretary of 
Transportation to develop a program to promote the 
transportation of liquefied natural gas (LNG) by the maritime 
transportation sector. The provision also amends the Deepwater 
Port Act to direct the Secretary to prioritize the processing 
of licenses for LNG facilities that would be supplied by U.S.-
flagged LNG vessels.
      The Senate amendment does not include a comparable 
provision.
      The Conference substitute adopts the House provision with 
an amendment that amends the Deepwater Port Act to require an 
applicant for a deepwater port license to include, as part of 
the application, information regarding the vessels that are 
reasonably expected to service the port upon construction. The 
provision also requires the Coast Guard to provide the same 
information to the Federal Energy Regulatory Commission as part 
of the Coast Guard's contribution to the Environmental Impact 
Statement for landside liquefied natural gas and liquefied 
petroleum facilities.
Section 305. Use of maritime safety and security teams
      The House bill does not include a comparable provision.
      Section 704 of the Senate amendment provides that the 
Secretary may use maritime safety and security teams to 
implement any mission of the Coast Guard.
      The Conference substitute adopts the Senate provision 
with a technical amendment.
Section 306. Enhanced civil penalties for violations of the Maritime 
        Transportation Security Act
      The House bill does not include a comparable provision.
      Section 704 of the Senate amendment would amend section 
70119 of title 46, United States Code, to permit the Secretary 
to assess substantial separate and continuing civil penalties 
to compel owners and operators of vessels and facilities to 
comply with MTSA. The total fines per violation would not 
exceed $50,000 during FY2006, $75,000 during FY2007, and 
$100,000 after FY2007.
      The Conference substitute adopts a provision that makes 
each day during which a violation of Chapter 701 of title 46, 
United States Code, a separate violation and caps a civil 
penalty for a violation at no more than $50,000. Additionally 
the conferees agree that the Secretary shall have the 
prerogative to take into account the nature, circumstances, and 
extent of the violation in assessing the penalty.
      This section will add a dimension of enforcement 
flexibility for the Secretary to assess a civil penalty for 
each day an owner/operator remains non-compliant beyond the 
first day on which the violation was cited. Currently, the only 
alternative means of enforcement is for the Secretary to order 
cessation of vessel or facility operation until the owner or 
operator corrects the outstanding violation. This provision 
will expand the enforcement options available to the Secretary 
under MTSA, consistent with other statutes that provide for a 
separate violation for each day a violation remains 
outstanding.
Section 307. Training of cadets at United States Merchant Marine 
        Academy
      Section 406 of the House bill authorizes cadets at the 
Merchant Marine Academy to train aboard foreign-flagged 
liquefied natural gas (LNG) vessels if the Secretary determines 
that such training is in the interest of the United States.
      The Senate amendment does not include a comparable 
provision.
      The Conference substitute adopts the House provision.
      Currently, cadets at the Academy are prohibited from 
training aboard foreign-flagged vessels; however there are no 
U.S.-flagged LNG vessels in operation. Future national energy 
strategies will likely place increased emphasis on the 
transport of LNG toU.S. ports resulting in a high demand for 
merchant mariners with previous training and experience aboard LNG 
vessels. This authority will allow Merchant Marine Academy cadets to 
gain that training in the interim before U.S.-flagged LNG vessels come 
into operation.
Section 308. Reports from mortgagees of vessels
      Section 411 of the House bill authorizes the Secretary to 
require reports from mortgagees in addition to those required 
of owners, masters and charterers. Section 12120 of Title 46, 
United States Code, authorizes the Secretary of the Department 
in which the Coast Guard is operating to require owners, 
masters and charterers of vessels engaged in the coastwise 
trade and the fisheries to submit reports to ensure compliance 
with vessel documentation laws. These reports may be in any 
reasonable form prescribed by the Secretary.
      Section 206 of the Senate amendment is identical.
      The Conference substitute adopts the House provision.
Section 309. Determination of the Secretary
      Section 413 of the House bill would prevent the Secretary 
from considering any felony conviction that occurred more than 
7 years prior to the date of the Secretary's determination when 
evaluating whether an individual poses a terrorism risk for the 
United States for the purpose of obtaining a transportation 
security card. This provision also specifies that an appeal of 
a denial of an application for a transportation security card 
must include an opportunity for a hearing before an 
administrative law judge.
      The Senate amendment does not include a comparable 
provision.
      The Conference substitute adopts a provision that 
requires the Secretary of the department in which the Coast 
Guard is operating to establish a review process before 
administration law judges to consider an appeal of a denial of 
an application for a transportation security card.
      Nothing in this section provides authority for the 
Secretary or the Administrative Law Judge to make a separate 
determination as to whether an individual may be denied 
admission to the United States or removed from the United 
States under the Immigration and Nationality Act. Those 
determinations are to be governed by the Immigration and 
Nationality Act and not section 70105 of title 46, United 
States Code.
Section 310. Setting, relocating, and recovery of anchors
      Section 415 of the House bill prohibits the use of a 
vessel that has not been documented under U.S. law with a 
registry endorsement to set or move anchors or other mooring 
equipment of a mobile offshore drilling unit located above or 
on the outer Continental Shelf.
      Section 217 of the Senate amendment contains a similar 
provision that additionally prohibits the movement 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 
or attached to the seabed but not actively exploring for oil 
and gas resources.
      The Conference substitute adopts a provision that 
prohibits the use of a vessel that does not hold a registry 
endorsement to set or move anchors or other mooring equipment 
of a mobile offshore drilling unit located over the outer 
Continental Shelf or to transport 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. The purpose of subsection 
(c)(1)(A) is to require that only an American registered vessel 
can engage in any activity performed in connection with the 
mooring or unmooring of a mobile offshore drilling unit located 
over the U.S. outer Continental Shelf.
Section 311. International tonnage measurement of vessels engaged in 
        the Aleutian Trade
      Section 416 of the House bill would amend Chapter 33 of 
title 46, United States Code, to apply the current exemption 
from Coast Guard inspection for certain fish tender vessels 
that are 500 gross tons or less, as measured under the 
regulatory tonnage system, and engaged in the Aleutian trade to 
such vessels that are 2,500 gross tons or less, as measured 
under the International Tonnage Convention.
      The Senate amendment does not include a comparable 
provision.
      The Conference substitute adopts the House provision.
      Under current law, fish tender vessels that are not more 
than 500 gross tons, as measured under regulatory tonnage, or 
an alternate tonnage to be prescribed by the Secretary and 
engaged in the Aleutian trade are exempt from Coast Guard 
inspection requirements. However, the Coast Guard has never 
completed the rulemaking process to establish an equivalent 
alternate tonnage under the international measurement system. 
As a result, the Aleutian trade fleet has experienced confusion 
and complications as vessel owners seek to proceed with fleet 
modernization plans that call for the replacement of current 
vessels with new vessels that have been measured under the 
International Tonnage Convention. This provision will alleviate 
the delay in implementing regulations establishing alternate 
tonnages as part of the transition from traditional regulatory 
tonnage to the international measures system.
      The conferees recommend that the Coast Guard and the 
Secretary take swift action to complete the regulatory process 
to adopt alternate tonnage systems for all vessel classes in 
the U.S. fleet.
Section 312. Riding gangs
      Section 425 of the House bill would authorize foreign 
citizens who are not considered seamen and who do not carry out 
watchstanding functions aboard a vessel to carry out certain 
repair work on U.S.-flag vessels while underway. The provision 
also requires that any such foreign personnel must possess a 
valid transportation security card that is required for 
maritime workers under section 70105 of title 46, United States 
Code.
      The Senate amendment does not include a comparable 
provision.
      The Conference substitute adopts a provision that would 
authorize the use of foreign citizens who are not considered 
seamen and who do not carry out watchstanding functions aboard 
a vessel to carry out certain repair work on U.S.-flag vessels 
while underway when U.S. citizens or residents are unavailable 
to complete the work and for not more than 60 days in each 
calendar year.
      The conferees intend to allow for the employment of 
certain individuals on freight vessels on international voyages 
for extended periods qualifying as ``riding gang members'' 
without placing these vessels at a competitive disadvantage 
against similar foreign flag vessels. Under this section, 
riding gang members may only perform repairs consistent with 
the provisions of the section, as deemed necessary by the 
Master, acting on behalf of the vessel operator. This language 
in no way prevents or limits a vessel's Master from obtaining 
necessary personnel to perform unforeseen emergency repairs 
when such circumstances arise. Under the section, the Master, 
acting on behalf of the vessel operator, may utilize riding 
gang personnel, in addition to the 60 days allowed under this 
section, under certain situations when a riding gang member is 
necessary to perform warranty work.
      This section requires each riding gang member to undergo 
a criminal background check and requires the vessel owner or 
operator to certify that these checks have been completed. New 
section 8106(a)(1)(A) of title 46 U.S. Code requires that such 
individuals possess a valid United States nonimmigrant visa for 
persons desiring to enter the United States temporarily if they 
are not a U.S. citizen or alien lawfully admitted for permanent 
residence.
      The section also provides for chemical testing, as well 
as compliance with shipboard familiarization training in 
accordance with the International Convention of Training, 
Certification, and Watchkeeping for Seafarers, 1978, as 
amended. The Coast Guard is expressly authorized to order the 
removal of an individual found with probable cause to have 
committed certain criminal offenses or otherwise constitutes a 
threat to the safety of U.S. flag freight vessels.
      The conferees do not intend to alter collective 
bargaining agreements that freight vessel owners or operators 
may have with U.S. maritime labor unions or their documented 
mariners through this section; nor is it intended in any way to 
derogate from the traditional maritime jurisdiction of any 
maritime labor unions. Owners and operators will be required to 
ensure that an agreement be entered into with each riding gang 
member that meets or exceeds the minimum international 
standards of all applicable ILO conventions to which the United 
States is a party, and shall, at a minimum, include all of the 
merchant seamen protection and relief provisions contained in 
the United States Code, including but not limited to those that 
are set forth in Chapter 103 of Title 46 of the United States 
Code.
      Under this section, violations are punishable by a civil 
penalty of not more than $10,000 a day, and each day of a 
continuing violation constitutes a separate violation. The 
legislation further establishes maximum penalties for 
continuing violations. Moreover, in determining the amount of 
the penalty, the Secretary is authorized to take into account 
the nature, circumstances, extent, and gravity of the violation 
committed and, with respect to the violator, the degree of 
culpability, history or prior offenses, ability to pay, and 
such other matters as justice may require.

                        TITLE IV--MISCELLANEOUS

Section 401. Authorization of Junior Reserve Officers Training Program 
        Pilot Program
      Section 402 of the House bill authorizes the Secretary to 
carry out a pilot program to establish a Coast Guard junior 
reserve officers training program in Camden County, North 
Carolina.
      The Senate amendment does not include a comparable 
provision.
      The Conference substitute adopts the House provision with 
an amendment to clarify that active duty officers and members 
of the Coast Guard, including reservists on active duty, may 
not be stationed as administrators or instructors as part of 
the pilot program.
Section 402. Transfer
      Section 403 of the House bill authorizes the Secretary to 
convey the decommissioned Coast Guard cutter PLANTREE to the 
CAS Foundation, Inc., a nonprofit corporation in the State of 
Indiana.
      The Senate amendment does not include a comparable 
provision.
      The Conference substitute adopts the House provision with 
an amendment that permits the vessel to be used for 
humanitarian purposes.
Section 403. LORAN-C
      The House bill does not include a comparable provision.
      Section 214 of the Senate amendment would authorize the 
Department of Transportation to transfer $25,000,000 in FY 2006 
and in FY 2007 from the Federal Aviation Administration to the 
Coast Guard for recapitalization of the LORAN-C radio 
navigation system.
      The Conference substitute adopts the Senate provision.
Section 404. Long-range vessel tracking system
      Section 404 of the House bill directs the Secretary to 
carry out a pilot program to demonstrate long-range vessel 
tracking systems pursuant to 46 U.S.C. 70115. The section also 
authorizes an amount of $4 million in FY 2006 to carry out the 
pilot project.
      Section 215 of the Senate amendment includes a similar 
provision with an additional requirement that the project be 
conducted with the assistance of an existing non-profit 
maritime organization that has a demonstrated capability of 
operating satellite communications systems able to transmit 
this type of data. In addition, it authorizes funding for each 
of FYs 2006, 2007, and 2008.
      The Conference substitute adopts the Senate provision 
with an amendment to make the program subject to the 
availability of appropriations.
Section 405. Marine vessel and cold water safety education
      The House bill does not include a comparable provision.
      Section 216 of the Senate amendment requires the Coast 
Guard to continue existing agreements with organizations that 
provide marine vessel safety training and cold water immersion 
education to fishermen and children.
      The Conference substitute adopts the Senate provision.
Section 406. Reports
      Section 405 of the House bill requires the Secretary to 
review and report to Congress on the adequacy of Coast Guard 
air and surface assets at several Coast Guard stations and 
sectors to carry out the Service's traditional missions of 
search and rescue, drug and migrant interdiction, and marine 
environmental protection in addition to homeland security 
responsibilities.
      The Senate amendment does not include a comparable 
provision.
      The Conference substitute adopts a provision that is 
similar to the House-passed provision.
Section 407. Conveyance of the Decommissioned Coast Guard Cutter 
        MACKINAW
      Section 408 of the House bill directs the Commandant of 
the Coast Guard to convey the USCGC MACKINAW to the City and 
County of Cheboygan, Michigan upon the vessel's scheduled 
decommissioning. The section requires that the cutter be used 
as a museum and be made available to the Federal Government if 
needed in time of war or national emergency.
      Section 408 of the Senate amendment contains a similar 
provision but requires the Commandant to deliver the vessel to 
the City between June 10, 2006 and June 30, 2006.
      The Conference substitute adopts the Senate provision 
with a slight modification to the delivery schedule to allow 
for a change in the date of decommissioning and an adjustment 
to convey the vessel directly to a non-profit museum.
Section 408. Deepwater reports
      Section 409 of the House bill requires the Secretary of 
the department in which the Coast Guard is operating to submit 
a complete implementation plan for the Deepwater program not 
later than 30 days after the enactment of the Act. The plan was 
required to include a complete timeline for the acquisition of 
each new Deepwater asset and the phase-out of legacy assets for 
the life of the program, a projection of the remaining 
operational lifespan of each legacy asset, a detailed 
justification for each modification in each Integrated 
Deepwater Program asset that fulfills the revised mission needs 
statement for the program, and a total cost of the program that 
aligns with the revised mission needs statement for the 
program.
      Sections 212 and 213 of the Senate amendment are 
substantively similar provisions. Section 212 of the Senate 
amendment would require the Coast Guard to submit a report on 
the status of their compliance with the GAO's recommendations 
in report GAO-04-380, ``Coast Guard Deepwater Program Needs 
Increased Attention to Management and Contractor Oversight.'' 
Section 213 would require the Coast Guard to provide an 
acquisition timeline and associated costs for each asset that 
reflects project completion in 10 years and 15 years. It also 
would require the Coast Guard to contract with an independent 
entity to analyze the plan and assess whether the mix of assets 
and capabilities selected as part of that plan will meet the 
Coast Guard's criteria of performance, minimizing total 
ownership costs, and whether additional or different assets 
should be considered as part of the plan.
      The Conference substitute adopts a provision that 
requires the Coast Guard to submit reports that include 
components from both the House- and Senate-passed provisions.
      The conferees remain concerned that legacy assets are 
deteriorating at a much faster rate than was originally 
expected when the Deepwater plan was first developed. Coast 
Guard vessels and aircraft are increasingly unavailable to 
carry out the Service's missions due to unscheduled maintenance 
and repairs. The conferees again support acceleration of the 
Deepwater program to, in part, provide new assets to replace 
aging legacy assets that are jeopardizing the success of Coast 
Guard missions, putting at risk the lives of the men and women 
of the Coast Guard and siphoning away funding from the 
acquisition of new assets.
      The conferees expect that the reports required under this 
section will contain a complete delivery schedule for each 
asset to be acquired, a projection of the remaining operational 
lifespan of each legacy asset, a detailed justification for 
each modification to the original Deepwater plan to meet the 
Service's revised mission needs statement, and an explanation 
of the costs that will be required above the estimated costs of 
the original Deepwater program resulting from such 
modifications.
Section 409. Helicopters
      Section 410 of the House bill would limit the number of 
HH-65 helicopters that the Coast Guard may acquire to no more 
than four and prohibit the Commandant from acquiring such 
helicopters until 90 days after the submission to Congress of a 
determination that the cost of acquiring used HH-65 helicopters 
and the cost to modifying those helicopters or airframes to 
meet the same design, construction, and equipment standards 
that apply to the current fleet of HH-65 helicopters is more 
cost-effective than an acquisition or leasing of a similar 
number of MH-68 helicopters.
      The Senate amendment does not include a comparable 
provision.
      The Conference substitute adopts a provision that 
requires the Coast Guard to study and report to Congress an 
analysis of the potential impacts, including costs and 
benefits, of a requirement that the Coast Guard only acquires 
helicopters or major helicopter components built in the United 
States. The conferees understand that some foreign helicopter 
manufacturers own U.S. manufacturing facilities capable of 
building helicopters and some helicopter components, but that 
some components of those helicopters are only manufactured 
outside the United States.
Section 410. Newton Creek, New York City, New York
      Section 412 of the House bill requires the Coast Guard to 
carry out a study and report to Congress on the pollution of 
Newtown Creek in the city of New York, New York caused by oil 
seepage.
      The Senate amendment does not contain a comparable 
provision.
      The Conference substitute adopts the House provision with 
a modification to require the Environmental Protection Agency 
to carry out the study rather than the Coast Guard.
Section 411. Report on technology
      Section 414 of the House bill requires the Commandant of 
the Coast Guard to submit a report that includes an assessment 
of the availability and effectiveness of technologies that 
evaluate and identify inbound vessels and their cargo for 
potential threats before they reach United States ports, 
including technologies already tested or in testing at joint 
operating centers, as well as the costs associated with 
implementing such technology at all United States ports.
      The Senate amendment does not include a comparable 
provision.
      The Conference substitute adopts a provision that is 
substantively similar to the House-passed provision.
Section 412. Assessment and planning
      Section 417 of the House bill authorizes an amount of 
$400,000 to be appropriated to the Coast Guard to carry out an 
assessment of and planning for the impact of an Arctic Sea 
Route on the indigenous people of Alaska.
      The Senate amendment does not contain a comparable 
provision.
      The Conference substitute adopts the House provision with 
an amendment to authorize the funding to the Maritime 
Administration to carry out the assessment and planning rather 
than the Coast Guard.
Section 413. Homeport
      Section 418 of the House bill requires, subject to the 
availability of appropriations, the Commandant of the Coast 
Guard to homeport the Coast Guard cutter HEALY in Anchorage, 
Alaska.
      The Senate amendment does not contain a comparable 
provision.
      The Conference substitute adopts a provision that 
requires the Coast Guard to conduct a study to assess the 
current homeport for the Coast Guard polar icebreaker HEALY and 
to assess whether that site or alternative homeporting 
arrangements would enhance the Coast Guard's capabilities to 
meet the recommendations of the Interim Report of the National 
Academy of Sciences (Polar Icebreaker Roles and U.S. Future 
Needs: A Preliminary Assessment), namely, that the United 
States should maintain dedicated, year-round icebreaking 
capability in the Arctic. The provision further requiresthe 
Coast Guard to report the findings of the study to Congress not later 
than one year after the enactment of this Act.
Section 414. Opinions regarding whether certain facilities create 
        obstructions to navigation
      Section 419 of the House bill requires the Coast Guard to 
provide an opinion in writing that states whether a proposed 
wind energy facility would create an obstruction to navigation 
in any case in which a person requests the Secretary of the 
Army to take action to permit a wind energy facility under the 
authority of section 10 of the Act of March 3, 1899 (33 U.S.C. 
403).
      The Senate bill does not contain a comparable provision.
      The Conference substitute adopts a provision that 
prohibits the construction of an offshore wind energy facility 
in Nantucket Sound unless approved by the Commandant of the 
Coast Guard.
Section 415. Port Richmond
      Section 424 of the House bill would prohibit the 
Commandant of the Coast Guard from approving 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.
      The Senate bill does not contain a comparable provision.
      The Conference substitute adopts the House provision.
Section 416. Eligibility to participate in Western Alaska Community 
        Development Quota Program
      Section 426 of the House bill clarifies that the approval 
by the Secretary of Commerce of a community development plan 
for a Western Alaska Community Development Group does not 
constitute a major Federal action under Federal law.
      The Senate bill does not contain a comparable provision.
      The Conference substitute establishes the Western Alaska 
Community Development Quota program and lists the purposes of 
the program. It is the intent of Congress that all activities 
of the CDQ groups continue to be considered tax-exempt (as has 
been the practice since the program's inception in 1992) so 
that the six CDQ groups can more readily address the pressing 
economic needs of the region.
      The Conference substitute requires that the CDQ program 
continue to receive the same annual percentage allocations of 
each fishery as it does now under existing Federal statute and 
regulation. It also requires that the percentage of a 
particular fishery allocated to the CDQ program shall be a 
directed fishing allowance if treated as such under existing 
practice and law (such as in the Bering Sea and Aleutian 
Islands pollock fishery), or in the alternative to include both 
directed fishing and non-target fishing allocation needs in 
fisheries where that is the current practice and law for the 
CDQ allocation. It is not the intent of the conferees to either 
change the current allocations to the CDQ program or create 
``squid box'' problems where minor species such a squid inhibit 
any directed fishing under the CDQ program.
      The Conference substitute provides that the allocation to 
the CDQ program of certain Bering Sea and Aleutian Islands 
groundfish species (including Pacific cod, mackerel, and 
flatfish species) be permanently increased to 10 percent (up 
from 7.5 percent) and treated as directed fishing allocations 
as soon as any quota-type programs are established in any 
sector of the applicable fishery or sector allocations are 
adopted in the fishery.
      The Conference substitute requires that a directed 
fishing allocation of 10 percent be made to the CDQ program in 
any new fishery that is opened in the Bering Sea and Aleutian 
Islands.
      The Conference substitute codifies existing practice with 
respect to processing and any other rights related to CDQ 
allocations. It specifies that the allocations to the CDQ 
program itself, as well as the allocations to each of the CDQ 
groups include the harvesting rights, the rights to process the 
fish, and any other rights or privileges related to the fish 
that are associated with the allocations as of March 1, 2006. 
This is not intended to give the CDQ program or the CDQ groups 
processing privileges that they do not already have. The 
language is also not intended to change the inshore/offshore 
split contained in the American Fisheries Act.
      The Conference substitute requires that the harvest of 
the CDQ allocations be regulated in a manner no more 
restrictive or costly than for other participants in the 
applicable sector of the fishery. This section only applies to 
fisheries with individual quotas or fishing cooperatives.
      The Conference substitute allocates to each CDQ group the 
same percentage of each species that it was authorized to 
harvest annually by the Secretary as of March 1, 2006. It 
codifies the existing allocations among the groups dating back 
to 2003 as well as allocations for new crab CDQ allocations 
which were approved by the National Marine Fisheries Service in 
2005. This includes all species for which the CDQ groups 
receive an allocation. Additionally, the provision establishes 
a new system to reallocate up to 10 percent of a CDQ group's 
allocation if the group fails to meet goals and criteria 
weighted by the group itself and based on the needs of its 
region.
      By eliminating short term changes in fishery allocations, 
the conferees intend for the CDQ groups to be able to more 
readily address the economic needs of western Alaska.
      The Conference substitute clarifies existing law by 
naming the 65 communities and six entities eligible to 
participate in the CDQ program.
      The Conference substitute establishes the requirements 
that each of the six CDQ groups must fulfill to maintain 
eligibility in the CDQ program. Each group must be governed by 
a board of directors, at least 75 percent of the members of 
which are resident fishermen from the CDQ group's member 
villages, and have at least one director from each of its 
member villages. Each CDQ group must select a representative to 
serve on the CDQ panel.
      The Conference substitute allows each CDQ group to make 
up to 20 percent of its annual investments: (I) on non-fishery 
projects in its member villages; (II) on pooled or joint 
investments with other CDQ groups in their regions; or (III) 
for the purpose of matching Federal or State grants for 
projects or programs in its member villages. Any remaining 
investments must be in fishery related projects or for purposes 
consistent with the current practices of the CDQ groups. It 
also requires each CDQ group to submit an annual written 
statement to the Secretary of Commerce and the State of Alaska 
which summarizes its investments for the previous year.
      The Conference substitute requires CDQ groups to comply 
with any excessive share limitations in the BSAI fisheries only 
to the extent of their proportional ownership in any other 
entities. This provision is intended to address the inherent 
conflict between excessive share limitations in the fisheries 
and the CDQ program goal to expand the economic base of the 
adjacent communities through investment in the fisheries.
      The excessive share limitations imposed by the North 
Pacific Council, Secretary, and Congress are mainly intended to 
prevent for-profit entities and individuals from acquiring 
excessive shares of fishing privileges in the fisheries. The 
excessive share concept stems from National Standard Four of 
the Magnuson-Stevens Act. It pre-dates the CDQ program and 
fails to take into account the unique characteristics of the 
CDQ program.
      The Conference substitute would therefore exempt CDQ 
groups from the ``attribution'' requirements of the American 
Fisheries Act, the crab quota program, and other federal 
regulations. Under the ``attribution'' rules, an entity is 
attributed with the entirety of another entity's harvesting or 
processing capacity even if the original entity only owns as 
little as 10 percent of the other entity. Under the substitute, 
if a CDQ group owns 25 percent of another entity, only 25 
percent of the other entity's harvesting or processing capacity 
would be counted against the CDQ group in determining 
compliance with any excessive share limitation. Similarly, if a 
CDQ group owns 77 percent of another entity, only 77 percent of 
the other entity's capacity would be counted against the CDQ 
group. The provision is intended to allow the CDQ groups to 
continue to expand in the BSAI fisheries off their shores, 
while not completely exempting CDQ groups from excessive share 
limitations.
      The Conference substitute requires each CDQ group to 
comply with State of Alaska law for the purpose of ensuring 
that the group provides an annual report to its member villages 
describing its financial operations, including its general and 
administrative costs and compensation levels. This provision 
ensures that the State of Alaska's role is to ensure adequate 
``transparency'' to the member villages, particularly with 
respect to administrative costs.
      The Conference substitute requires CDQ groups to 
additionally comply with State of Alaska banking and securities 
law to prevent fraud. This requirement removes the State of 
Alaska from the investment planning and decisions of the CDQ 
groups, but creates anew, narrower role, to assist the member 
villages in ensuring against any fraud by the CDQ group. The 
provision also Clause (iii) requires that the CDQ group and 
State of Alaska keep confidential from public disclosure any 
information the disclosure of which would be harmful to the 
entity or its investments.
      The Conference substitute exempts CDQ groups from 
compliance with any State approval of financial transactions, 
community development plans, and community development plan 
amendments, however the provision requires CDQ groups to comply 
with the decennial review conducted by the State of Alaska.
      The Conference substitute establishes a community 
development quota program panel. The CDQ Panel will consists 
consist of a member from each of the six CDQ groups. The CDQ 
Panel removes the need for governmental oversight of the CDQ 
program and encourages the CDQ groups to work together. 
Decisions by the CDQ Panel require the unanimous vote of all 
six Panel members. The Panel may not act if there is a vacancy.
      The Conference substitute requires a decennial review of 
the CDQ program by the State of Alaska. The first review will 
be in 2012. The CDQ Panel establishes a system to be used by 
the State of Alaska for purposes of the decennial review that 
allows each CDQ group to assign relative values to certain 
criteria in order to match the relative weights of the criteria 
to the specific needs identified by the CDQ group for its 
villages. The criteria are: (I) changes in the population, 
poverty level, and economic development in the CDQ group's 
member villages; (II) the overall financial performance of the 
CDQ group, including its fishery and non-fishery investments; 
(III) the employment, scholarships, and training supported by 
the CDQ group; (IV) the achievement of the goals of the 
entities Community Development Plan. Each CDQ group would 
weight these criteria to reflect the needs of its member 
villages.
      The Conference substitute requires the State of Alaska to 
use the criteria as weighted by each CDQ group to determine the 
performance of each CDQ group under the decennial review. The 
State of Alaska is required to make each performance 
determination on the record and after an opportunity for a 
hearing. If the State appliesthe CDQ group's weightings and 
determines that a CDQ group has maintained or improved its overall 
performance, the allocations to the CDQ group are automatically 
extended for the next 10-year period. If, on the other hand, the State 
determines that a CDQ group has failed to maintain or improve its 
performance as measured under the weighted criteria, then at least 90 
percent of the CDQ group's allocation of each species under is 
automatically extended, and the State may determine an appropriate 
reduction of up to 10 percent of each species for all or part of the 
next 10-year period. If State law prevents the State from making this 
determination then the Secretary may make the appropriate reduction. 
Any reductions imposed by the State of Alaska or the Secretary under 
shall be reallocated for the period of the reduction to the other non-
penalized groups in proportion to each non-penalized group's allocation 
of the applicable species.
      The Conference substitute eliminates the requirement that 
CDQ groups seek either the review or approval by the Secretary 
of community development plans or amendments to community 
development plans. The Conference agreement does not require 
the State of Alaska to approve community development plans and 
amendments.
      Nothing in the Conference substitute should be construed 
or implemented in a way that causes any interruption to the CDQ 
program or to the opportunity of CDQ groups to harvest their 
allocations.
      Subsection (b) would amend existing CDQ loan authority to 
set the upper limit for the total of the CDQ loans provided by 
the recent bill language, and paragraph (2) would clarify that 
CDQ loans under the 1998 CDQ program may be used for the 
purchase of vessels, processors, permits, quota, and 
cooperative rights.
Section 417. Quota share allocation
      Section 427 of the House bill provides that a portion of 
the total crab processing quota shares equal to 1.5 percent of 
the total allowable catch for the Bristol Bay red king crab 
fishery and the Bering Sea C. Opilio crab fishery be made 
available to the vessel Blue Dutch, LLC in years when the total 
allowable catch for that fishery is more than 2 percent higher 
than the total allowable catch for that fishery during calendar 
year 2005. The provision further provides that the Voluntary 
Three-Pie Cooperative Program for crab fisheries of the Bering 
Sea and Aleutian Islands implementing regulations shall 
thereafter be adjusted so that the total of all crab processing 
quota shares for each fishery referred to equals 90 percent of 
the total allowable catch.
      The Senate bill does not contain a comparable provision.
      The Conference substitute adopts a provision that directs 
the Secretary of Commerce to modify the Voluntary Three-Pie 
Cooperative Program for crab fisheries of the Bering Sea and 
Aleutian Islands to provide 0.75 percent of the processor quota 
share units for the Bristol Bay red king crab fishery and the 
Bering Sea C. Opilio crab fishery to the vessel Blue Dutch, LLC 
in years when the total allowable catch for that fishery is 
more than 2 percent higher than the most recent total allowable 
catch for that fishery prior to September 15, 2005.
Section 418. Maine fish tender vessels
      The House bill does not contain a comparable provision.
      Section 211 of the Senate amendment would establish a 
waiver that would allow vessels not built in the United States 
to transport fish and shellfish within the coastal waters of 
the State of Maine if that vessel is ineligible for 
documentation under chapter 121 of title 46, United States Code 
because it measures less than 5 net tons and has transported 
fish or shellfish within the coastal waters of the State of 
Maine prior to December 31, 2004.
      The Conference substitute adopts a provision that 
authorizes foreign-built vessels that are less than 5 net tons 
to transport fish or shellfish between places in the State of 
Maine if that vessel transported fish or shellfish between 
places in Maine prior to January 1, 2005; the owner of such 
vessel owns a valid wholesale seafood license to conduct such 
transportation that was issued under the Revised Maine Statutes 
prior to January 1, 2005; the vessel is owned by a person or 
persons that meet U.S. citizenship requirements under section 2 
of the Shipping Act, 1996; and the owner of the vessel submits 
within 180 days of enactment of this Act an affidavit to the 
Secretary in which the Coast Guard is operating that certifies 
that the owner and vessel meet the requirements of this 
section.
Section 419. Automatic identification system
      The House bill does not contain a comparable provision.
      Section 219 of the Senate amendment authorizes the 
Secretary to transfer $1,000,000 to the Department of Commerce 
for the purposes of awarding a competitive grant to design, 
develop, and prototype a device that integrates a Class B 
Automatic Identification System (AIS) transponder with an FCC-
approved wireless maritime data device. The Senate-passed 
amendment also expresses the Sense of the Senate that the 
Federal Communications Commission should quickly resolve the 
disposition of its rulemaking on the AIS and licensee use of 
AIS frequency bands.
      The Conference substitute adopts the Senate provision.
Section 420. Voyage data recorder study and report
      Section 429 of the House bill would require the Secretary 
to prescribe regulations to require ferries that carry more 
than 399 passengers be equipped with a voyage data recorder and 
to establish standards, methods for approval of models, and 
procedures for annual performance testing.
      The Senate amendment does not include a comparable 
provision.
      The Conference substitute adopts a provision that 
requires the Coast Guard to conduct a study that examines the 
costs and benefits of carriage of a voice data recorder aboard 
ferries that carry 400 or more passengers. The Coast Guard is 
required to submit the findings of the study to Congress not 
more than 1 year after enactment and to include a 
recommendation for proposed legislative language if it is 
deemed appropriate and necessary.
Section 421. Distant water tuna fleet
      The House bill does not contain a comparable provision.
      Section 218 of the Senate amendment would permit U.S.-
flag purse seine fishing vessels that operate out of American 
Samoa and that fish exclusively for highly migratory species 
under a fishing license issued pursuant to the 1987 Treaty of 
Fisheries Between the Governments of Certain Pacific Islands 
States and the Government of the United States of America to 
utilize non-United States licensed and documented personnel to 
meet manning requirements for a 48-month period beginning on 
the date of enactment of this Act if, after timely notice of a 
vacancy, no United States-licensed and documented personnel are 
readily available.
      The Conference substitute adopts a provision that would 
permit such U.S.-flag vessels to utilize foreign citizens that 
hold a valid license issued 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 under competency and training 
standards that are equivalent or exceed such standards, in the 
determination of the Secretary, that are required for U.S. 
licensed personnel. The provision maintains the requirement 
that the vessel's master be a U.S. citizen licensed by the 
Coast Guard and provides that this exemption applies only when 
no U.S. licensed and documented personnel area available. The 
substitute maintains the sunset and geographical restrictions 
that were included in the Senate amendment.

                          TITLE V--LIGHTHOUSES

Section 501. Transfer
      Section 501 of the House bill transfers administrative 
jurisdiction from the Secretary of Agriculture to the Secretary 
of the department in which the Coast Guard is operating over 
several National Forest System lands in the State of Alaska 
upon which are located certain Coast Guard facilities, and over 
improvements situated on the lands, without requiring 
consideration and directs the Secretary of Interior to select 
an eligible entity under the National Historic Lighthouse 
Preservation Act to take custody of the structures and 
surrounding lands once the Coast Guard has determined that the 
land is excess property.
      The Senate amendment does not contain a comparable 
provision.
      The Conference substitute adopts the House provision.
Section 502. Misty Fiords National Monument and Wilderness
      Section 502 of the House bill permits the Secretary of 
the department in which the Coast Guard is operating to 
transfer to the Secretary of Agriculture all administrative 
jurisdiction over the Tree Point Light Station, without 
consideration, if the Secretary determines that the Tree Point 
Light Station is no longer needed for the purposes of the Coast 
Guard. The Commandant of the Coast Guard, however, may reserve 
rights to operate and maintain Federal aids to navigation at 
the site.
      The Senate amendment does not contain a comparable 
provision.
      The Conference substitute adopts the House provision.
Section 503. Miscellaneous light stations
      Section 503 of the House bill specifies that, for 
purposes of section 416(a)(2) of Public Law 105-383, 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. That law authorized the Commandant of 
the Coast Guard, or the Administrator of the General Services 
Administration, as appropriate, to convey all right, title, and 
interest of the United States to Cape St. Elias Light Station 
to the Cape St. Elias Light Keepers Association; however, it 
did not clearly describe the property to be conveyed. This 
provision provides a description of this property.
      The Senate amendment does not contain a comparable 
provision.
      The Conference substitute adopts the House provision with 
an amendment that amends Section 325(c)(3) of the Coast Guard 
Authorization Act of 1993 (Public Law 103-206; 107 Stat. 2432) 
to include several housing units and related structures with 
the property that was transferred in association with Point 
Wilson Lighthouse in the State of Washington under that Act.
Section 504. Inclusion of lighthouse in St. Marks National Wildlife 
        Refuge, Florida
      Section 504 of the House bill revokes the 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, consisting of 
approximately 8.0 acres within the external boundaries of St. 
Marks National Wildlife Refuge in Wakulla County, Florida. 
Administrative jurisdiction over this land, and over all 
improvements, structures, and fixtures located thereon, is 
transferred from the department in which the Coast Guard is 
operating to the Secretary of the Interior, 
withoutreimbursement. However, any Federal aids to navigation located 
at the Refuge will continue to be operated and maintained by the Coast 
Guard for as long as they are needed for navigational purposes, and the 
Coast Guard may remove, replace, or install any Federal aid to 
navigation at the Refuge as may be necessary.
      The Senate amendment does not contain a comparable 
provision.
      The Conference substitute adopts the House provision with 
an amendment that prohibits the transfer of the property until 
the Coast Guard has completed all response and restoration 
activities at the site.

 TITLE VI--DELAWARE RIVER PROTECTION AND MISCELLANEOUS OIL PROVISIONS.

Section 601. Short title
      Section 601 of the House bill states that the legislation 
may be referred to as the ``Delaware River Protection Act of 
2005''.
      The Senate amendment does not contain a comparable 
provision.
      The Conference substitute states that this title may be 
referred to as the ``Delaware River Protection Act of 2006''.
Section 602. Requirement to notify Coast Guard of release of objects 
        into the navigable waters of the United States
      Section 602 of the House bill establishes a requirement 
to notify the Coast Guard of a release of an object from a 
vessel or facility that creates an obstruction to navigation. 
Individuals who fail to ``promptly'' notify the Coast Guard of 
a loss of such an object will be subject to existing civil and 
criminal penalties under the Ports and Waterways Safety Act.
      Under Subchapter C of title 33, Code of Federal 
Regulations, owners of sunken or submerged vessels that could 
obstruct navigation in U.S. waters must mark and report the 
existence of the obstruction. However, there is no current 
statutory or regulatory requirement that an owner of an object, 
other than a vessel, notify the Coast Guard after the release 
of such an object into the navigable waterways of the United 
States. This provision will address that discrepancy and will 
improve the Coast Guard's capabilities to maintain safe and 
efficient navigation on U.S. waterways.
      The Senate amendment does not contain a comparable 
provision.
      The Conference substitute adopts the House provision.
Section 603. Limits on liability
      Section 603 of the House bill amends the Oil Pollution 
Act of 1990 (OPA) to adjust oil spill liability limits to 
reflect the change in the Consumer Price Index (CPI) since the 
Act's passage in 1990. The provision would increase liability 
limits to the December, 2004 CPI-adjusted level (approximately 
$1,700 per gross ton) over a three year period. The provision 
makes distinctions between single-hull vessels and double-hull 
vessels. Liability levels for double-hull vessels would be 
increased by $500 per gross ton over 3 years, while liability 
levels for single-hull vessels would be increased by $1,050 per 
gross ton over three years. This amount is equal to twice the 
adjustment (approximately $525 per gross ton) based on the 
increase in the CPI from 1990-2004. The provision also requires 
the President to adjust the liability limits within three years 
of the enactment of the Act and every three years thereafter.
      OPA established liability limits for tank vessels at a 
level of $1,200 per gross ton. Under OPA, liability for cleanup 
costs and damages resulting from oil spills rests with a 
``responsible party'' who is either the owner or operator of a 
vessel. In the event of a spill, the responsible party must pay 
removal costs incurred by the government or others and damages 
to claimants who are injured by the spill. Damages may include 
natural resources damages, damages to real or personal 
property, damages for loss of use of a natural resource such as 
a fishery, damages for lost revenue or profit caused by a 
spill, and damages for the cost of government response 
necessitated by the spill.
      Under OPA, the President is required to adjust these 
limits every three years according to changes in the Consumer 
Price Index (CPI). Despite this requirement, no such 
adjustments have ever been made. The Secretary of the 
Department of Homeland Security has recently delegated this 
authority to the Coast Guard.
      The Senate amendment does not contain a comparable 
provision.
      The Conference substitute adopts the House provision with 
an amendment to increase liability limits for single-hull tank 
vessels to $3,000 per gross ton; for double-hull tank vessels 
to $1,900 per gross ton; and for nontank vessels to $950 per 
gross ton. These adjustments are based on the projected 
increase in the end-of-year CPI figure for calendar year 2006.
      The substitute also requires the Coast Guard to provide a 
report within 45 days of enactment of the Act on the extent to 
which oil discharges from vessels and non-vessel sources have 
or are likely to result in response costs and damages that 
exceed these new limits, the impact on the Oil Spill Liability 
Trust Fund, and recommendations on whether the liability limits 
need to be further adjusted. This report is to be updated 
annually.
Section 604. Requirement to update Philadelphia area contingency plan
      Section 604 of the House bill requires the Philadelphia 
Area Committee to annually update its area contingency plan to 
include the most recent environmental sensitivity data that has 
been collected by State and Federal agencies.
      The Senate amendment does not contain a comparable 
provision.
      The Conference substitute adopts the House provision.
Section 605. Submerged oil removal
      Section 605 of the House bill requires the National 
Oceanic and Atmospheric Administration (NOAA), in conjunction 
with the Coast Guard, to establish a submerged oil research 
program to research methods to detect, monitor and remove 
submerged oil and improve modeling capabilities to better 
predict the movement and behavior of submerged oil. The 
provision also requires the Coast Guard to carry out a 
demonstration project to demonstrate technologies and processes 
to detect and remove submerged oil from waterways including the 
Delaware River.
      The Senate amendment does not contain a comparable 
provision.
      The Conference substitute adopts the House provision with 
an amendment to limit the scope of the submerged oil research 
program to the Delaware River and Delaware Bay region.
      Title VII of the Oil Pollution Act establishes an Oil 
Pollution Research and Development Program and an Interagency 
Coordinating Committee on Oil Pollution Research to carry out 
the Program. The program established under this section would 
carry out specific research on the effects and persistence of 
submerged oil in addition to the research program that is 
carried out by the Committee. A large percentage of the oil 
that was released from the ATHOS I was or still remains 
submerged at the bottom of the river, and little work has been 
done to increase capabilities to predict the persistence of or 
vertical and horizontal movement of oil within the water 
column.
      The conferees recommend that the efforts of the research 
program be focused on developing methods and technologies to 
remove or diminish the persistence of submerged oil that is 
currently found in the Delaware River. Further, the conferees 
recommend that the effort of the demonstration program be 
concentrated on evaluating methods and technologies of removing 
submerged oil of the type that was released into the Delaware 
River as a result of the grounding of the ATHOS I and under the 
conditions that are observed in the area of the Delaware River 
that was impacted by such oil.
Section 606. Assessment of oil spill costs
      The House bill does not contain a comparable provision.
      The Senate amendment does not contain a comparable 
provision.
      The Conference substitute requires the Government 
Accountability Office to assess the costs of response 
activities and claim that resulted from oil spills into U.S. 
waters since January 1, 1990.
Section 607. Delaware River and Bay Oil Spill Advisory Committee
      Section 606 of the House bill establishes an advisory 
committee composed of representatives from port authorities, 
shipping interests, oil refineries, labor, river pilots, 
environmental groups and the general public. The Committee is 
tasked with developing recommendations for Congress on the 
prevention of and response to future oil spills on the Delaware 
River and Bay.
      The Senate amendment does not contain a comparable 
provision.
      The Conference substitute adopts the House provision with 
an amendment to increase the membership of the advisory 
committee.
      The conferees do not intend the advisory committee 
established under this section to, in any way, assume or 
duplicate the roles and responsibilities inherent to any 
existing advisory committees including the Mariners Advisory 
Committee for the Delaware River and Bay, as well as any 
committees established under the Oil Pollution Act of 1990 or 
under Chapter 701 of title 46, United States Code, nor do the 
conferees wish the advisory committee to duplicate the work of 
these other entities.
Section 608. Nontank vessels
      The House bill does not contain a comparable provision.
      Section 519 of the Senate amendment would clarify the 
applicability of section 701 of P.L. 108-293 (Coast Guard and 
Maritime Transportation Act of 2004) to nontank vessels within 
12 nautical miles of the United States.
      The Conference substitute adopts the Senate provision 
with a technical amendment.

                     TITLE VII--HURRICANE RESPONSE

Section 701. Homeowners assistance for Coast Guard personnel affected 
        by Hurricanes Katrina or Rita
      Section 213 of the House bill authorizes the Secretary to 
purchase the primary residences of Coast Guard personnel who 
were assigned to a facility in Louisiana, Mississippi, or 
Alabama prior to the landfall of Hurricane Katrina that were 
damaged or destroyed by the storm. Eligible personnel would 
receive up to 85 percent of fair market value or the amount of 
any outstanding mortgage, minus an amount of money received 
from insurance and would transfer to the Secretary all title 
and interest to the property. The authority to make such 
purchases is subject to the availability of appropriations.
      The Senate amendment does not contain a comparable 
provision.
      The Conference substitute adopts the House provision with 
an amendment to make personnel assigned to facilities in the 
State of Texas and properties damaged as a result of Hurricane 
Rita eligible for reimbursement under this section.
      The conferees believe that this provision recognizes the 
unique situation in which the men and women of the Coast Guard 
are placed. The Coast Guard was among the first on the scene 
after (and during) Hurricanes Katrina and Rita and rescued 
approximately 35,000 Americans. At the same time, members 
suffered great personal losses. Instead of going home to save 
personal items, they remained on duty.
Section 702. Temporary authorization to extend the duration of 
        licenses, certificates of registry, and merchant mariners' 
        documents
      Section 420 of the House bill would authorize the 
Secretary through December 31, 2006 to temporarily extend the 
duration of a license or certificate of registry or merchant 
mariners' document issued for an individual for up to one year 
if the records of the individual are located at the Coast Guard 
facility in New Orleans that was damaged by Hurricane Katrina 
or the individual is a resident of Alabama, Mississippi, or 
Louisiana.
      Section 705 of the Senate amendment contains a similar 
provision but authorizes extensions ``when such action is 
deemed appropriate and necessary'' and extends the authority to 
grant exemptions through September 30, 2007.
      The Conference substitute adopts the House provision with 
an amendment to permit the Secretary to provide an extension to 
a mariner whose records were damaged or lost as a result of 
Hurricane Katrina and provides that the authority to grant 
extensions will expire on April 1, 2007.
      The conference adopts this provision to address the 
concerns of the Coast Guard and Gulf merchant mariners affected 
by Hurricanes Katrina and Rita. The extension will allow 
merchant mariners to continue working in the region while the 
Coast Guard continues its efforts to recover documents that 
were held in the Regional Examination Center in New Orleans.
      The conferees also direct the Coast Guard to expedite the 
processing of merchant mariner documents for new applicants 
from the Gulf Coast region. The dislocation of the local 
population due to Hurricanes Katrina and Rita left many Gulf 
Coast vessel operators without enough employees to meet the 
offshore repair workload. As the speed with which these repairs 
are made have a significant impact on U.S. energy supplies, the 
Coast Guard should make every effort to expedite the processing 
of merchant mariner documents for new applicants required to do 
this work.
Section 703. Temporary authorization to extend the duration of vessel 
        certification of vessel certificates of inspection
      Section 421 of the House bill authorizes the Secretary 
through December 31, 2006 to temporarily extend the duration or 
the validity of a certificate of inspection or a certificate of 
compliance for up to 6 months for a vessel inspected by a Coast 
Guard Marine Safety Office located in Alabama, Mississippi, or 
Louisiana.
      Section 705 of the Senate amendment contains a similar 
provision except that it does not limit the application of the 
provision to vessels inspected by a Coast Guard Marine Safety 
Office located in Alabama, Mississippi, or Louisiana. Also, the 
Senate amendment extends authorization through September 30, 
2007.
      The Conference substitute adopts the House provision with 
an amendment to extend the authority through April 1, 2007.
Section 704. Preservation of leave lost due to Hurricane Katrina 
        operations
      The House bill does not contain a comparable provision.
      Section 707 of the Senate amendment would preserve up to 
90 days of accumulated leave that would otherwise be lost for 
Coast Guardsmen who were stationed in or assisted with 
operations in the areas that were affected by Hurricane 
Katrina. This section also provides that any leave in excess of 
60 days that is preserved under this language will be lost if 
not used prior to the end of FY 2006.
      The Conference substitute adopts the Senate provision.
      The conference adopts this provision to rectify the 
inequity that would occur to certain Coast Guard personnel who 
worked in the region affected by Hurricane Katrina and did not 
take accumulated leave.
Section 705. Report on impacts to Coast Guard
      Section 214 of the House bill requires the Coast Guard to 
submit a report on the personnel and assets deployed to assist 
in the response to Hurricane Katrina and the costs incurred as 
a result of such response that are in addition to funds already 
appropriated for the Coast Guard for FY 2005.
      Section 708 of the Senate amendment contains a comparable 
provision that requires the Coast Guard to analyze the impacts 
of Hurricane Katrina on Coast Guard assets and operations, the 
Coast Guard's preparedness for such a storm, the Coast Guard's 
capabilities to communicate during and after the storm, and the 
financial impacts unbudgeted increases in the price of fuel on 
Coast Guard operations in FYs 2005 and 2006.
      The Conference substitute adopts the Senate provision.
Section 706. Report on impacts on navigable waterways
      The House bill does not contain a comparable provision.
      Section 709 of the Senate amendment requires the Coast 
Guard to submit a report on the impacts of Hurricane Katrina on 
navigable waterways and the response of the Coast Guard to such 
impacts.
      The Conference substitute adopts the Senate provision.

              TITLE VIII--OCEAN COMMISSION RECOMMENDATIONS

Section 801. Implementation of international agreements
      The House bill does not contain a comparable provision.
      Section 302 of the Senate amendment requires the 
Secretary to work with responsible officials and agencies of 
other nations to accelerate efforts at the International 
Maritime Organization (IMO) to enhance flag state oversight and 
enforcement of security, environmental, and other agreements 
adopted within the IMO, including implementation of a code 
outlining flag state responsibilities and obligations, an audit 
regime for evaluating flag state performance, measures to 
ensure that responsible organizations, acting on behalf of flag 
states, meet established performance standards, and cooperative 
arrangements to improve enforcement on a bilateral, regional or 
international basis.
      The Conference substitute adopts the Senate provision 
with a technical amendment to clarify that the Secretary shall 
work with our international partners to accelerate the 
implementation and enforcement of those international 
agreements to which those nations are a party.
Section 802. Voluntary measures for reducing pollution from 
        recreational boats
      The House bill does not contain a comparable provision.
      Section 303 of the Senate amendment requires the 
Secretary to, in consultation with appropriate federal, state, 
and local government agencies, undertake outreach programs for 
educating the owners and operators of boats using two-stroke 
engines about the pollution associated with such engines, and 
to support voluntary programs to reduce such pollution and 
encourage the early replacement of older two-stroke engines.
      The Conference substitute adopts the Senate provision.
Section 803. Integration of vessel monitoring system data
      The House bill does not contain a comparable section.
      Section 304 of the Senate amendment requires the 
Secretary to integrate vessel monitoring system data into its 
maritime operations databases for the purpose of improving 
monitoring and enforcement of federal fisheries laws and to 
work with the Undersecretary of Commerce for Oceans and 
Atmosphere to ensure effective use of such data for monitoring 
and enforcement.
      The Conference substitute adopts the Senate provision.
Section 804. Foreign fishing incursions
      The House bill does not contain a comparable provision.
      Section 304 of the Senate amendment requires the 
Secretary to 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.
      The Conference substitute adopts the Senate provision 
with an amendment to also include incursions in the Bering Sea 
within the scope of the report.

                    TITLE IX--TECHNICAL CORRECTIONS

      Section 401 of the House bill makes several technical 
corrections to current law related to the Coast Guard and 
maritime transportation.
      Sections 501-518 of the Senate amendment make several 
conforming amendments to current law to reflect the transfer of 
the Coast Guard to the Department of Homeland Security from the 
Department of Homeland Security.
      Sections 208, 520 and 521 of the Senate amendment make 
several other amendments that are technical or conforming in 
nature.
      Section 601 of the Senate amendment establishes an 
effective date for technical amendments that were included in 
the Senate amendment.
      The Conference Report makes several technical and 
conforming amendments to statutes related to Coast Guard and 
maritime transportation and establishes an effective date for 
those amendments.
                From the Committee on Transportation and 
                Infrastructure, for consideration of the House 
                bill and the Senate amendment, and 
                modifications committed to conference:
                                   Don Young,
                                   Frank A. LoBiondo,
                                   Howard Coble,
                                   Peter Hoekstra,
                                   Pete Simmons,
                                   Mario Diaz-Balart,
                                   Charles W. Boustany, Jr.,
                                   James L. Oberstar,
                                   Bob Filner,
                                   Gene Taylor,
                                   Brian Higgins,
                                   Allyson Y. Schwartz,
                From the Committee on Energy and Commerce, for 
                consideration of sec. 408 of the House bill, 
                and modifications committed to conference:
                                   Joe Barton,
                                   Paul Gillmor,
                                   John D. Dingell,
                From the Committee on Homeland Security, for 
                consideration of secs. 101, 404, 413, and 424 
                of the House bill, and secs. 202, 207, 215, and 
                302 of the Senate amendment, and modifications 
                committed to conference:
                                   Bennie G. Thompson,
                From the Committee on Resources, for 
                consideration of secs. 426, 427, and title V of 
                the House bill, and modifications committed to 
                conference:
                                   Richard Pombo,
                                   Walter B. Jones,
                                 Managers on the Part of the House.

                                   Ted Stevens,
                                   Olympia Snowe,
                                           (except section 414),
                                   Trent Lott,
                                   Gordon Smith,
                                   Daniel Inouye,
                                   Maria Cantwell,
                                           (except section 414),
                                   Frank R. Lautenberg,
                                           (except section 414),
                                Managers on the Part of the Senate.

                                  
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