PUBLIC LAW 109–241—JULY 11, 2006

COAST GUARD AND MARITIME

TRANSPORTATION ACT OF 2006

120 STAT. 516 PUBLIC LAW 109–241—JULY 11, 2006

Public Law 109–241

109th Congress

An Act

To authorize appropriations for the Coast Guard for fiscal year 2006, to make

technical corrections to various laws administered by the Coast Guard, and for

other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Coast Guard and Maritime

Transportation Act of 2006’’.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 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.

Coast Guard and

Maritime

Transportation

Act of 2006.

14 USC 1 note.

July 11, 2006

[H.R. 889]

PUBLIC LAW 109–241—JULY 11, 2006 120 STAT. 517

Sec. 307. Training of cadets at United States Merchant Marine Academy.

Sec. 308. Reports from mortgagees of vessels.

Sec. 309. Determination of the Secretary.

Sec. 310. Setting, relocating, and recovering anchors.

Sec. 311. International tonnage measurement of vessels engaged in the Aleutian

trade.

Sec. 312. Riding gangs.

TITLE IV—MISCELLANEOUS

Sec. 401. Authorization of junior reserve officers training program pilot program.

Sec. 402. Transfer.

Sec. 403. LORAN–C.

Sec. 404. Long-range vessel tracking system.

Sec. 405. Marine vessel and cold water safety education.

Sec. 406. Reports.

Sec. 407. Conveyance of decommissioned Coast Guard Cutter MACKINAW.

Sec. 408. Deepwater reports.

Sec. 409. Helicopters.

Sec. 410. Newtown Creek, New York City, New York.

Sec. 411. Report on technology.

Sec. 412. Assessment and planning.

Sec. 413. Homeport.

Sec. 414. Navigational safety of certain facilities.

Sec. 415. Port Richmond.

Sec. 416. Western Alaska community development quota program.

Sec. 417. Quota share allocation.

Sec. 418. Maine fish tender vessels.

Sec. 419. Automatic identification system.

Sec. 420. Voyage data recorder study and report.

Sec. 421. Distant water tuna fleet.

TITLE V—LIGHTHOUSES

Sec. 501. Transfer.

Sec. 502. Misty Fiords National Monument and Wilderness.

Sec. 503. Miscellaneous Light Stations.

Sec. 504. Inclusion of lighthouse in St. Marks National Wildlife Refuge, Florida.

TITLE VI—DELAWARE RIVER PROTECTION AND MISCELLANEOUS OIL

PROVISIONS

Sec. 601. Short title.

Sec. 602. Requirement to notify Coast Guard of release of objects into the navigable

waters of the United States.

Sec. 603. Limits on liability.

Sec. 604. Requirement to update Philadelphia Area Contingency Plan.

Sec. 605. Submerged oil removal.

Sec. 606. Assessment of oil spill costs.

Sec. 607. Delaware River and Bay Oil Spill Advisory Committee.

Sec. 608. Nontank vessels.

TITLE VII—HURRICANE RESPONSE

Sec. 701. Homeowners assistance for Coast Guard personnel affected by Hurricanes

Katrina or Rita.

Sec. 702. Temporary authorization to extend the duration of licenses, certificates of

registry, and merchant mariners’ documents.

Sec. 703. Temporary authorization to extend the duration of vessel certificates of

inspection.

Sec. 704. Preservation of leave lost due to Hurricane Katrina operations.

Sec. 705. Reports on impact to Coast Guard.

Sec. 706. Reports on impacts on navigable waterways.

TITLE VIII—OCEAN COMMISSION RECOMMENDATIONS

Sec. 801. Implementation of international agreements.

Sec. 802. Voluntary measures for reducing pollution from recreational boats.

Sec. 803. Integration of vessel monitoring system data.

Sec. 804. Foreign fishing incursions.

TITLE IX—TECHNICAL CORRECTIONS

Sec. 901. Miscellaneous technical corrections.

Sec. 902. Correction of references to Secretary of Transportation and Department

of Transportation; related matters.

120 STAT. 518 PUBLIC LAW 109–241—JULY 11, 2006

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.

PUBLIC LAW 109–241—JULY 11, 2006 120 STAT. 519

SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND

TRAINING.

(a) ACTIVE-DUTY STRENGTH.—The Coast Guard is authorized

an end-of-year strength for active-duty personnel of 45,500 for the

fiscal year ending on September 30, 2006.

(b) MILITARY TRAINING STUDENT LOADS.—For fiscal year 2006,

the Coast Guard is authorized average military training student

loads as follows:

(1) For recruit and special training, 2,500 student years.

(2) For flight training, 125 student years.

(3) For professional training in military and civilian institutions, 350 student years.

(4) For officer acquisition, 1,200 student years.

SEC. 103. SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS.

(a) AUTHORIZATION OF APPROPRIATIONS.—In addition to

amounts provided to the Coast Guard from another Federal agency

for reimbursement of expenditures for Hurricane Katrina, there

are authorized to be appropriated to the Secretary of the department

in which the Coast Guard is operating the following amounts for

nonreimbursed expenditures:

(1) For the operation and maintenance of the Coast Guard

in responding to Hurricane Katrina, including search and

rescue efforts, clearing channels, and emergency response to

oil and chemical spills, and for increased costs of operation

and maintenance of the Coast Guard due to higher than

expected fuel costs, $300,000,000.

(2) For the acquisition, construction, renovation, and

improvement of aids to navigation, shore and offshore facilities,

and vessels and aircraft, including equipment related thereto,

related to damage caused by Hurricane Katrina, $200,000,000.

(b) CONSTRUCTION WITH OTHER FUNDING.—The amounts

authorized to be appropriated by subsection (a) are in addition

to any other amounts authorized to be appropriated to the Secretary

of the department in which the Coast Guard is operating under

any other provision of law.

(c) AVAILABILITY.—The amounts made available under subsection (a) shall remain available until expended.

SEC. 104. WEB-BASED RISK MANAGEMENT DATA SYSTEM.

There is authorized to be appropriated for each of fiscal years

2006 and 2007 to the Secretary of the department in which the

Coast Guard is operating $1,000,000 to continue deployment of

a World Wide Web-based risk management system to help reduce

accidents and fatalities.

TITLE II—COAST GUARD

SEC. 201. EXTENSION OF COAST GUARD VESSEL ANCHORAGE AND

MOVEMENT AUTHORITY.

Section 91 of title 14, United States Code, is amended by

adding at the end the following new subsection:

‘‘(d) As used in this section ‘navigable waters of the United

States’ includes all waters of the territorial sea of the United

States as described in Presidential Proclamation No. 5928 of

December 27, 1988.’’.

120 STAT. 520 PUBLIC LAW 109–241—JULY 11, 2006

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:

‘‘§ 149. Assistance to foreign governments and maritime

authorities’’;

(2) by inserting before the undesignated text the following:

‘‘(a) DETAIL OF MEMBERS TO ASSIST FOREIGN GOVERNMENTS.— ’’; and

(3) by adding at the end the following new subsection:

‘‘(b) TECHNICAL ASSISTANCE TO FOREIGN MARITIME AUTHORITIES.—The Commandant, in coordination with the Secretary of

State, may provide, in conjunction with regular Coast Guard operations, technical assistance (including law enforcement and maritime safety and security training) to foreign navies, coast guards,

and other maritime authorities.’’.

(b) CLERICAL AMENDMENT.—The item relating to such section

in the analysis at the beginning of chapter 7 of such title is amended

to read as follows:

‘‘149. Assistance to foreign governments and maritime authorities’’.

SEC. 203. OFFICER PROMOTION.

Section 257 of title 14, United States Code, is amended by

adding at the end the following new subsection:

‘‘(f) The Secretary may waive subsection (a) to the extent necessary to allow officers described therein to have at least two

opportunities for consideration for promotion to the next higher

grade as officers below the promotion zone.’’.

SEC. 204. COAST GUARD BAND DIRECTOR.

(a) BAND DIRECTOR APPOINTMENT AND GRADE.—Section 336

of title 14, United States Code, is amended—

(1) in subsection (b)—

(A) by striking the first sentence and inserting the

following: ‘‘The Secretary may designate as the director

any individual determined by the Secretary to possess the

necessary qualifications.’’; and

(B) in the second sentence, by striking ‘‘a member

so designated’’ and inserting ‘‘an individual so designated’’;

(2) in subsection (c)—

(A) by striking ‘‘of a member’’ and inserting ‘‘of an

individual’’; and

(B) by striking ‘‘of lieutenant (junior grade) or lieutenant’’ and inserting ‘‘determined by the Secretary to be

most appropriate to the qualifications and experience of

the appointed individual’’;

(3) in subsection (d) by striking ‘‘A member’’ and inserting

‘‘An individual’’; and

(4) in subsection (e)—

(A) by striking ‘‘When a member’s designation is

revoked,’’ and inserting ‘‘When an individual’s designation

is revoked,’’; and

(B) by striking ‘‘option:’’ and inserting ‘‘option—’’.

(b) 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,

14 USC 336 note.

PUBLIC LAW 109–241—JULY 11, 2006 120 STAT. 521

determined by the Secretary of the department in which the Coast

Guard is operating to be most appropriate to the qualifications

and experience of that individual.

SEC. 205. AUTHORITY FOR ONE-STEP TURNKEY DESIGN-BUILD CONTRACTING.

(a) IN GENERAL.—Chapter 17 of title 14, United States Code,

is amended by adding at the end the following new section:

‘‘§ 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 fourmonth period’’ and inserting ‘‘60 days in any 4-month period’’;

(4) in subsection (a) by striking ‘‘sixty days in any twoyear 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

120 STAT. 522 PUBLIC LAW 109–241—JULY 11, 2006

(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:

‘‘§ 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.

Computation.

PUBLIC LAW 109–241—JULY 11, 2006 120 STAT. 523

‘‘(c) LIMITATIONS.—The Commandant may award up to 2 fellowships annually. The Commandant may not award any fellowship

under this section that exceeds $25,000 in any year.

‘‘(d) REGULATIONS.—The regulations prescribed under this section shall include—

‘‘(1) the criteria for award of fellowships;

‘‘(2) the procedures for selecting recipients of fellowships;

‘‘(3) the basis for determining the amount of a fellowship;

and

‘‘(4) subject to the availability of appropriations, the total

amount that may be awarded as fellowships during an academic

year.’’.

(b) CLERICAL AMENDMENT.—The analysis at the beginning of

such chapter is amended by adding at the end the following:

‘‘198. Coast Guard history fellowships’’.

SEC. 210. 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

Deadline.

14 USC 93 note.

120 STAT. 524 PUBLIC LAW 109–241—JULY 11, 2006

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

Deadline.

Reports.

PUBLIC LAW 109–241—JULY 11, 2006 120 STAT. 525

(2) analyze anticipated costs and benefits, and operational

impacts associated with each site and such agreements.

SEC. 214. BIODIESEL FEASIBILITY STUDY.

(a) STUDY.—The Secretary of the department in which the

Coast Guard is operating shall conduct a study that examines

the technical feasibility, costs, and potential cost savings of using

biodiesel fuel in new and existing Coast Guard vehicles and vessels

and that focuses on the use of biodiesel fuel in ports which have

a high density of vessel traffic, including ports for which vessel

traffic systems have been established.

(b) REPORT.—Not later than one year after the date of enactment of this Act, the Secretary shall submit a report containing

the findings, conclusions, and recommendations (if any) from the

study to the Committee on Commerce, Science, and Transportation

of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

SEC. 215. BOATING SAFETY DIRECTOR.

(a) IN GENERAL.—Subchapter A of chapter 11 of title 14, United

States Code, is amended by adding at the end the following:

‘‘§ 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.

Hawaii.

Deadline.

120 STAT. 526 PUBLIC LAW 109–241—JULY 11, 2006

‘‘(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

President.

Congress.

PUBLIC LAW 109–241—JULY 11, 2006 120 STAT. 527

(3) by adding at the end the following:

‘‘(E) that is a ferry carrying more than 6 passengers.’’.

SEC. 302. GREAT LAKES PILOTAGE ANNUAL RATEMAKING.

Section 9303 of title 46, United States Code, is amended—

(1) in subsection (f) by inserting at the end the following:

‘‘The Secretary shall establish new pilotage rates by March

1 of each year. The Secretary shall establish base pilotage

rates by a full ratemaking at least once every 5 years and

shall conduct annual reviews of such base pilotage rates, and

make adjustments to such base rates, in each intervening

year.’’; and

(2) by adding at the end the following:

‘‘(g) The Secretary shall ensure that a sufficient number of

individuals are assigned to carrying out subsection (f).’’.

SEC. 303. CERTIFICATION OF VESSEL NATIONALITY IN DRUG SMUGGLING CASES.

Section 3(c)(2) of the Maritime Drug Law Enforcement Act

(46 U.S.C. App. 1903(c)(2)) is amended by striking the last two

sentences and inserting the following: ‘‘The response of a foreign

nation to a claim of registry under subparagraph (A) or (C) may

be made by radio, telephone, or similar oral or electronic means,

and is conclusively proved by certification of the Secretary of State

or the Secretary’s designee.’’.

SEC. 304. LNG TANKERS.

(a) PROGRAM.—The Secretary of Transportation shall develop

and implement a program to promote the transportation of liquefied

natural gas to the United States on United States flag vessels.

(b) AMENDMENT TO DEEPWATER PORT ACT.—Section 4 of the

Deepwater Port Act of 1974 (33 U.S.C. 1503) is amended by adding

at the end the following:

‘‘(i) To promote the security of the United States, the Secretary

shall give top priority to the processing of a license under this

Act for liquefied natural gas facilities that will be supplied with

liquefied natural gas by United States flag vessels.’’.

(c) PUBLIC NOTICE OF LNG VESSEL’S REGISTRY AND CREW.—

(1) PLAN SUBMITTED WITH APPLICATION FOR DEEPWATER

PORT LICENSE.—Section 5(c)(2) of the Deepwater Port Act of

1974 (33 U.S.C. 1504(c)(2)) is amended—

(A) by redesignating subparagraphs (K) and (L) as

subparagraphs (L) and (M), respectively; and

(B) by inserting after subparagraph (J) the following:

‘‘(K) the nation of registry for, and the nationality

or citizenship of officers and crew serving on board, vessels

transporting natural gas that are reasonably anticipated

to be servicing the deepwater port;’’.

(2) INFORMATION TO BE PROVIDED.—When the Coast Guard

is operating as a contributing agency in the Federal Energy

Regulatory Commission’s shoreside licensing process for a liquefied natural gas or liquefied petroleum gas terminal located

on shore or within State seaward boundaries, the Coast Guard

shall provide to the Commission the information described in

section 5(c)(2)(K) of the Deepwater Port Act of 1974 (33 U.S.C.

1504(c)(2)(K)) with respect to vessels reasonably anticipated

to be servicing that port.

33 USC 1504

note.

33 USC 1503

note.

Deadlines.

120 STAT. 528 PUBLIC LAW 109–241—JULY 11, 2006

(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

Deadline.

PUBLIC LAW 109–241—JULY 11, 2006 120 STAT. 529

administrative law judge shall be governed by the standards of section 706 of title 5. The substantial evidence

standard in section 706(2)(E) of title 5 shall apply whether

or not there has been an agency hearing. The judge shall

review all facts on the record of the agency.

‘‘(C) CLASSIFIED EVIDENCE.—The Secretary, in consultation with the National Intelligence Director, shall

issue regulations to establish procedures by which the Secretary, as part of a review conducted under this paragraph,

may provide to the individual adversely affected by the

determination an unclassified summary of classified evidence upon which the denial of a waiver by the Secretary

was based.

‘‘(D) REVIEW OF CLASSIFIED EVIDENCE BY ADMINISTRATIVE LAW JUDGE.—

‘‘(i) REVIEW.—As part of a review conducted under

this section, if the decision of the Secretary was based

on classified information (as defined in section 1(a)

of the Classified Information Procedures Act (18 U.S.C.

App.)), such information may be submitted by the Secretary to the reviewing administrative law judge,

pursuant to appropriate security procedures, and shall

be reviewed by the administrative law judge ex parte

and in camera.

‘‘(ii) SECURITY CLEARANCES.—Pursuant to existing

procedures and requirements, the Secretary, in

coordination (as necessary) with the heads of other

affected departments or agencies, shall ensure that

administrative law judges reviewing negative waiver

decisions of the Secretary under this paragraph possess

security clearances appropriate for such review.

‘‘(iii) UNCLASSIFIED SUMMARIES OF CLASSIFIED EVIDENCE.—As part of a review conducted under this paragraph and upon the request of the individual adversely

affected by the decision of the Secretary not to grant

a waiver, the Secretary shall provide to the individual

and reviewing administrative law judge, consistent

with the procedures established under clause (i), an

unclassified summary of any classified information

upon which the decision of the Secretary was based.

‘‘(E) NEW EVIDENCE.—The Secretary shall establish a

process under which an individual may submit a new

request for a waiver, notwithstanding confirmation by the

administrative law judge of the Secretary’s initial denial

of the waiver, if the request is supported by substantial

evidence that was not available to the Secretary at the

time the initial waiver request was denied.’’.

SEC. 310. SETTING, RELOCATING, AND RECOVERING ANCHORS.

Section 12105 of title 46, United States Code, is amended

by adding at the end the following:

‘‘(c)(1) Only a vessel for which a certificate of documentation

with a registry endorsement is issued may engage in—

‘‘(A) the setting, relocation, or recovery of the anchors or

other mooring equipment of a mobile offshore drilling unit

that is located over the outer Continental Shelf (as defined

Regulations.

Procedures.

Applicability.

120 STAT. 530 PUBLIC LAW 109–241—JULY 11, 2006

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:

‘‘§ 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—

PUBLIC LAW 109–241—JULY 11, 2006 120 STAT. 531

‘‘(A) the owner or managing operator attests in a certificate that the background of each riding gang member has

been examined and found to be free of any credible information indicating a material risk to the security of the vessel,

the vessel’s cargo, the ports the vessel visits, or other

individuals onboard the vessel;

‘‘(B) the background check consisted of a search of

all information reasonably available to the owner or managing operator in the riding gang member’s country of

citizenship and any other country in which the riding gang

member works, receives employment referrals, or resides;

‘‘(C) the certificate required under subparagraph (A)

is kept on the vessel and available for inspection by the

Secretary; and

‘‘(D) the information derived from any such background

check is made available to the Secretary upon request;

‘‘(3) ensure that each riding gang member, while on board

the vessel, is subject to the same random chemical testing

and reporting regimes as crew members;

‘‘(4) ensure that each such riding gang member receives

basic safety familiarization and basic safety training approved

by the Coast Guard as satisfying the requirements for such

training under the International Convention of Training, Certification, and Watchkeeping for Seafarers, 1978;

‘‘(5) prevent from boarding the vessel, or cause the removal

from the vessel at the first available port, and disqualify from

future service on board any other vessel owned or operated

by that owner or operator, any riding gang member—

‘‘(A) who has been convicted in any jurisdiction of

an offense described in paragraph (2) or (3) of section

7703;

‘‘(B) whose license, certificate of registry, or merchant

mariner’s document has been suspended or revoked under

section 7704; or

‘‘(C) who otherwise constitutes a threat to the safety

of the vessel;

‘‘(6) ensure and certify to the Secretary that the sum of—

‘‘(A) the number of riding gang members on board

a freight vessel, and

‘‘(B) the number of individuals in addition to crew

permitted under section 3304,

does not exceed 12;

‘‘(7) ensure that every riding gang member is employed

on board the vessel under conditions that meet or exceed the

minimum international standards of all applicable international

labor conventions to which the United States is a party,

including all of the merchant seamen protection and relief

provided under United States law; and

‘‘(8) ensure that each riding gang member—

‘‘(A) is supervised by an individual who holds a license

issued under chapter 71; and

‘‘(B) only performs work in conjunction with individuals

who hold merchant mariners documents issued under

chapter 73 and who are part of the vessel’s crew.

‘‘(b) PERMITTED WORK.—Subject to subsection (f), a riding gang

member on board a vessel to which subsection (a) applies who

is neither a United States citizen nor an alien lawfully admitted

120 STAT. 532 PUBLIC LAW 109–241—JULY 11, 2006

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

Applicability.

PUBLIC LAW 109–241—JULY 11, 2006 120 STAT. 533

individuals lawfully admitted to the United States for permanent residence who are qualified and available for the work

for which the riding gang member is to be employed.

‘‘(2) CIVIL PENALTY.—A violation of paragraph (1) is punishable by a civil penalty of not more than $10,000 for each

day during which the violation continues.

‘‘(3) CONTINUING VIOLATIONS.—The maximum amount of

a civil penalty for a violation under this subsection shall not

exceed—

‘‘(A) $50,000 if the violation occurs in fiscal year 2006;

‘‘(B) $75,000 if the violation occurs in fiscal year 2007;

and

‘‘(C) $100,000 if the violation occurs after fiscal year

2007.

‘‘(4) DETERMINATION OF AMOUNT.—In determining the

amount of the penalty, the Secretary shall take into account

the nature, circumstances, extent, and gravity of the violation

committed and, with respect to the violator, the degree of

culpability, the history of prior offenses, the ability to pay,

and such other matters as justice may require.

‘‘(5) COMPROMISE, MODIFICATION, AND REMITTAL.—The Secretary may compromise, modify, or remit, with or without conditions, any civil penalty imposed under this section.’’.

(b) RIDING GANG MEMBER DEFINED.—Section 2101 of such title

is amended by inserting after paragraph (26) the following:

‘‘(26a) ‘riding gang member’ means an individual who—

‘‘(A) has not been issued a merchant mariner document

under chapter 73;

‘‘(B) does not perform—

‘‘(i) watchstanding, automated engine room duty

watch, or personnel safety functions; or

‘‘(ii) cargo handling functions, including any

activity relating to the loading or unloading of cargo,

the operation of cargo-related equipment (whether or

not integral to the vessel), and the handling of mooring

lines on the dock when the vessel is made fast or

let go;

‘‘(C) does not serve as part of the crew complement

required under section 8101;

‘‘(D) is not a member of the steward’s department;

and

‘‘(E) is not a citizen or temporary or permanent resident

of a country designated by the United States as a sponsor

of terrorism or any other country that the Secretary, in

consultation with the Secretary of State and the heads

of other appropriate United States agencies, determines

to be a security threat to the United States.’’.

(c) CONFORMING AMENDMENTS.—

(1) CITIZENSHIP REQUIREMENT.—Section 8103 of such title

is amended by adding at the end the following:

‘‘(j) RIDING GANG MEMBER.—This section does not apply to

an individual who is a riding gang member.’’.

(2) APPLICATION OF CHAPTER 103.—Section 10301(b) of such

title is amended by striking ‘‘voyage.’’ and inserting ‘‘voyage

or to riding gang members.’’.

120 STAT. 534 PUBLIC LAW 109–241—JULY 11, 2006

(d) CLERICAL AMENDMENT.—The analysis for chapter 81 of such

title is amended by adding at the end the following:

‘‘8106. Riding gangs’’.

TITLE IV—MISCELLANEOUS

SEC. 401. AUTHORIZATION OF JUNIOR RESERVE OFFICERS TRAINING

PROGRAM PILOT PROGRAM.

(a) IN GENERAL.—The Secretary of the department in which

the Coast Guard is operating may carry out a pilot program to

establish and maintain a junior reserve officers training program

in cooperation with the Camden County High School in Camden

County, North Carolina.

(b) PROGRAM REQUIREMENTS.—The pilot program carried out

by the Secretary under this section shall provide to students at

Camden County High School—

(1) instruction in subject areas relating to operations of

the Coast Guard; and

(2) training in skills which are useful and appropriate

for a career in the Coast Guard.

(c) PROVISION OF ADDITIONAL SUPPORT.—To carry out the pilot

program under this section, the Secretary may provide to Camden

County High School—

(1) assistance in course development, instruction, and other

support activities; and

(2) necessary and appropriate course materials, equipment,

and uniforms.

(d) EMPLOYMENT OF RETIRED COAST GUARD PERSONNEL.—

(1) IN GENERAL.—Subject to paragraph (2) of this subsection, the Secretary may authorize the Camden County High

School to employ, as administrators and instructors for the

pilot program, retired Coast Guard and Coast Guard Reserve

commissioned, warrant, and petty officers not on active duty

who request that employment and who are approved by the

Secretary and Camden County High School.

(2) AUTHORIZED PAY.—

(A) IN GENERAL.—Retired members employed under

paragraph (1) of this subsection are entitled to receive

their retired or retainer pay and an additional amount

of not more than the difference between—

(i) the amount the individual would be paid as

pay and allowance if the individual was considered

to have been ordered to active duty during the period

of employment; and

(ii) the amount of retired pay the individual is

entitled to receive during that period.

(B) PAYMENT TO SCHOOL.—The Secretary shall pay to

Camden County High School an amount equal to one half

of the amount described in subparagraph (A), from funds

appropriated for such purpose.

(C) NOT DUTY OR DUTY TRAINING.—Notwithstanding

any other law, while employed under this subsection, an

individual is not considered to be on active-duty or inactiveduty training.

PUBLIC LAW 109–241—JULY 11, 2006 120 STAT. 535

SEC. 402. TRANSFER.

Section 602 of the Coast Guard and Maritime Transportation

Act of 2004 (118 Stat. 1050) is amended—

(1) in subsection (b)(2) by striking ‘‘to be conveyed’’ and

all that follows through the period and inserting ‘‘to be conveyed

to CAS Foundation, Inc. (a nonprofit corporation under the

laws of the State of Indiana).’’; and

(2) in subsection (c)(1)(A) by inserting ‘‘or, in the case

of the vessel described in subsection (b)(2) only, for humanitarian purposes’’ before the semicolon at the end.

SEC. 403. LORAN–C.

There are authorized to be appropriated to the Department

of Transportation, in addition to funds authorized for the Coast

Guard for operation of the LORAN–C system, for capital expenses

related to LORAN–C navigation infrastructure, $25,000,000 for

fiscal year 2006 and $25,000,000 for fiscal year 2007. The Secretary

of Transportation may transfer from the Federal Aviation Administration and other agencies of the Department funds appropriated

as authorized under this section in order to reimburse the Coast

Guard for related expenses.

SEC. 404. 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 longrange 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

14 USC 93 note.

46 USC 70115

note.

120 STAT. 536 PUBLIC LAW 109–241—JULY 11, 2006

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.—

Icebreaker

Mackinaw

Maritime

Museum, Inc.

PUBLIC LAW 109–241—JULY 11, 2006 120 STAT. 537

(1) MAINTENANCE.—Before conveyance of the vessel under

this section, the Commandant shall make, to the extent practical and subject to other Coast Guard mission requirements,

every effort to maintain the integrity of the vessel and its

equipment until the time of delivery.

(2) DELIVERY.—If a conveyance is made under this section,

the Commandant shall deliver the vessel to a suitable mooring

in the local area, in its present condition, no sooner than

June 15, 2006, and not later than 30 days after the date

on which the vessel is decommissioned.

(3) TREATMENT OF CONVEYANCE.—The conveyance of the

vessel under this section shall not be considered a distribution

in commerce for purposes of section 6(e) of Public Law 94–

469 (15 U.S.C. 2605(e)).

(c) OTHER EXCESS EQUIPMENT.—The Commandant may convey

to the recipient any excess equipment or parts from other decommissioned Coast Guard vessels for use to enhance the vessel’s operability and function for purposes of a museum.

SEC. 408. 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

14 USC 663 note.

120 STAT. 538 PUBLIC LAW 109–241—JULY 11, 2006

(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

PUBLIC LAW 109–241—JULY 11, 2006 120 STAT. 539

potential impact on Coast Guard acquisitions of requiring that

the Coast Guard acquire only helicopters, or any major component

of a helicopter, that are constructed in the United States.

(b) STUDY ELEMENTS.—The study shall include—

(1) identification of additional costs or added benefits that

would result from the additional restrictions described in subsection (a) on acquisitions from nondomestic sources, including

major components or subsystems;

(2) industrial impact on the United States of such additional restrictions on acquisitions from nondomestic sources;

(3) the contractual impact of such additional restrictions

on the Integrated Deepwater Systems Program and its platform

elements, including delivery interruptions in the program and

the subsequent mission impact of these delays; and

(4) identification of reasonable executive authorities to

waive such additional restrictions that the Secretary considers

essential in order to ensure continued mission performance

of the United States Coast Guard.

(c) REPORT.—Not later than one year after the date of enactment of this Act, the Secretary shall submit a report on the results

of the study and any recommendations of the Secretary regarding

such results to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and

Infrastructure of the House of Representatives.

SEC. 410. NEWTOWN CREEK, NEW YORK CITY, NEW YORK.

(a) STUDY.—Of the amounts provided under section 1012 of

the Oil Pollution Act of 1990 (33 U.S.C. 2712), the Administrator

of the Environmental Protection Agency shall conduct a study of

public health and safety concerns related to the pollution of Newtown Creek, New York City, New York, caused by seepage of oil

into Newtown Creek from 17,000,000 gallons of underground oil

spills in Greenpoint, Brooklyn, New York.

(b) REPORT.—Not later than one year after the date of enactment of this Act, the Administrator shall submit a report containing

the results of the study to the Committee on Environment and

Public Works and the Committee on Commerce, Science, and

Transportation of the Senate and the Committee on Transportation

and Infrastructure of the House of Representatives.

SEC. 411. REPORT ON TECHNOLOGY.

Not later than 180 days after the date of enactment of this

Act, the Commandant of the Coast Guard shall submit to the

Committee on Commerce, Science, and Transportation of the Senate

and the Committee on Transportation and Infrastructure of the

House of Representatives a report that includes an assessment

of—

(1) the availability and effectiveness of software information

technology systems for port security and the data evaluated,

including data that has the ability to identify shippers, inbound

vessels, and their cargo for potential threats to national security

before it reaches United States ports, specifically the software

already tested or being tested at Joint Harbor Operations Centers; and

(2) the costs associated with implementing such technology

at all Sector Command Centers, Joint Harbor Operations Centers, and strategic defense and energy dependent ports.

120 STAT. 540 PUBLIC LAW 109–241—JULY 11, 2006

SEC. 412. ASSESSMENT AND PLANNING.

There is authorized to be appropriated to the Maritime Administration $400,000 to carry out an assessment of, and planning for, the impact of an Arctic Sea Route on the indigenous

people of Alaska.

SEC. 413. HOMEPORT.

(a) STUDY.—The Commandant of the Coast Guard shall conduct

a study to assess the current homeport arrangement of the Coast

Guard polar icebreaker HEALY to determine whether an alternative

arrangement would enhance the Coast Guard’s capabilities to carry

out the recommendation to maintain dedicated, year-round icebreaker capability for the Arctic that was included in the report

prepared by the National Academy of Sciences and entitled: ‘‘Polar

Icebreaker Roles and U.S. Future Needs: A Preliminary Assessment

(ISBN: 0–309–10069–0)’’.

(b) REPORT.—Not later than one year after the date of enactment of this Act, the Commandant shall report the findings of

the study to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and

Infrastructure of the House of Representatives.

SEC. 414. NAVIGATIONAL SAFETY OF CERTAIN FACILITIES.

(a) CONSIDERATION OF ALTERNATIVES.—In reviewing a lease,

easement, or right-of-way for an offshore wind energy facility in

Nantucket Sound under section 8(p) of the Outer Continental Shelf

Lands Act (43 U.S.C. 1337(p)), not later than 60 days before the

date established by the Secretary of the Interior for publication

of a draft environmental impact statement, the Commandant of

the Coast Guard shall specify the reasonable terms and conditions

the Commandant determines to be necessary to provide for navigational safety with respect to the proposed lease, easement, or rightof-way and each alternative to the proposed lease, easement, or

right-of-way considered by the Secretary.

(b) INCLUSION OF NECESSARY TERMS AND CONDITIONS.—In

granting a lease, easement, or right-of-way for an offshore wind

energy facility in Nantucket Sound under section 8(p) of the Outer

Continental Shelf Lands Act (43 U.S.C. 1337(p)), the Secretary

shall incorporate in the lease, easement, or right-of-way reasonable

terms and conditions the Commandant determines to be necessary

to provide for navigational safety.

SEC. 415. PORT RICHMOND.

The Secretary of the department in which the Coast Guard

is operating, acting through the Commandant of the Coast Guard,

may not approve a security plan under section 70103(c) of title

46, United States Code, for a liquefied natural gas import facility

at Port Richmond in Philadelphia, Pennsylvania, until the Secretary

conducts a vulnerability assessment under section 70102(b) of such

title.

SEC. 416. WESTERN ALASKA COMMUNITY DEVELOPMENT QUOTA PROGRAM.

(a) RESTATEMENT OF EXISTING PROGRAM INCORPORATING CER- TAIN PROVISIONS OF REGULATIONS.—Section 305(i) of the MagnusonStevens Fishery Conservation and Management Act (16 U.S.C.

1855(i)) is amended by striking paragraph (1) and inserting the

following:

Pennsylvania.

Deadline.

PUBLIC LAW 109–241—JULY 11, 2006 120 STAT. 541

‘‘(1) WESTERN ALASKA COMMUNITY DEVELOPMENT QUOTA

PROGRAM.—

‘‘(A) IN GENERAL.—There is established the western

Alaska community development quota program in order—

‘‘(i) to provide eligible western Alaska villages with

the opportunity to participate and invest in fisheries

in the Bering Sea and Aleutian Islands Management

Area;

‘‘(ii) to support economic development in western

Alaska;

‘‘(iii) to alleviate poverty and provide economic and

social benefits for residents of western Alaska; and

‘‘(iv) to achieve sustainable and diversified local

economies in western Alaska.

‘‘(B) PROGRAM ALLOCATION.— ‘‘(i) IN GENERAL.—Except as provided in clause

(ii), the annual percentage of the total allowable catch,

guideline harvest level, or other annual catch limit

allocated to the program in each directed fishery of

the Bering Sea and Aleutian Islands shall be the

percentage approved by the Secretary, or established

by Federal law, as of March 1, 2006, for the program.

The percentage for each fishery shall be either a

directed fishing allowance or include both directed

fishing and nontarget needs based on existing practice

with respect to the program as of March 1, 2006,

for each fishery.

‘‘(ii) EXCEPTIONS.—Notwithstanding clause (i)—

‘‘(I) the allocation under the program for each

directed fishery of the Bering Sea and Aleutian

Islands (other than a fishery for halibut, sablefish,

pollock, and crab) shall be a directed fishing allocation of 10 percent upon the establishment of a

quota program, fishing cooperative, sector allocation, or other rationalization program in any sector

of the fishery; and

‘‘(II) the allocation under the program in any

directed fishery of the Bering Sea and Aleutian

Islands (other than a fishery for halibut, sablefish,

pollock, and crab) established after the date of

enactment of this subclause shall be a directed

fishing allocation of 10 percent.

‘‘(iii) PROCESSING AND OTHER RIGHTS.—Allocations

to the program include all processing rights and any

other rights and privileges associated with such allocations as of March 1, 2006.

‘‘(iv) REGULATION OF HARVEST.—The harvest of

allocations under the program for fisheries with individual quotas or fishing cooperatives shall be regulated

by the Secretary in a manner no more restrictive than

for other participants in the applicable sector, including

with respect to the harvest of nontarget species.

‘‘(C) ALLOCATIONS TO ENTITIES.—Each entity eligible

to participate in the program shall be authorized under

the program to harvest annually the same percentage of

each species allocated to the program under subparagraph

(B) that it was authorized by the Secretary to harvest

120 STAT. 542 PUBLIC LAW 109–241—JULY 11, 2006

of such species annually as of March 1, 2006, except to

the extent that its allocation is adjusted under subparagraph (H). Such allocation shall include all processing

rights and any other rights and privileges associated with

such allocations as of March 1, 2006.

‘‘(D) ELIGIBLE VILLAGES.—The following villages shall

be eligible to participate in the program through the following entities:

‘‘(i) The villages of Akutan, Atka, False Pass, Nelson Lagoon, Nikolski, and Saint George through the

Aleutian Pribilof Island Community Development

Association.

‘‘(ii) The villages of Aleknagik, Clark’s Point,

Dillingham, Egegik, Ekuk, Ekwok, King Salmon/

Savonoski, Levelock, Manokotak, Naknek, Pilot Point,

Port Heiden, Portage Creek, South Naknek, Togiak,

Twin Hills, and Ugashik through the Bristol Bay Economic Development Corporation.

‘‘(iii) The village of Saint Paul through the Central

Bering Sea Fishermen’s Association.

‘‘(iv) The villages of Chefornak, Chevak, Eek,

Goodnews Bay, Hooper Bay, Kipnuk, Kongiganak,

Kwigillingok, Mekoryuk, Napakiak, Napaskiak,

Newtok, Nightmute, Oscarville, Platinum, Quinhagak,

Scammon Bay, Toksook Bay, Tuntutuliak, and

Tununak through the Coastal Villages Region Fund.

‘‘(v) The villages of Brevig Mission, Diomede, Elim,

Gambell, Golovin, Koyuk, Nome, Saint Michael,

Savoonga, Shaktoolik, Stebbins, Teller, Unalakleet,

Wales, and White Mountain through the Norton Sound

Economic Development Corporation.

‘‘(vi) The villages of Alakanuk, Emmonak,

Grayling, Kotlik, Mountain Village, and Nunam Iqua

through the Yukon Delta Fisheries Development

Association.

‘‘(E) ELIGIBILITY REQUIREMENTS FOR PARTICIPATING

ENTITIES.—To be eligible to participate in the program,

an entity referred to in subparagraph (D) shall meet the

following requirements:

‘‘(i) BOARD OF DIRECTORS.—The entity shall be governed by a board of directors. At least 75 percent

of the members of the board shall be resident fishermen

from the entity’s member villages. The board shall

include at least one director selected by each such

member village.

‘‘(ii) PANEL REPRESENTATIVE.—The entity shall

elect a representative to serve on the panel established

by subparagraph (G).

‘‘(iii) OTHER INVESTMENTS.—The entity may make

up to 20 percent of its annual investments in any

combination of the following:

‘‘(I) For projects that are not fishery-related

and that are located in its region.

‘‘(II) On a pooled or joint investment basis

with one or more other entities participating in

the program for projects that are not fisheryEstablishment.

PUBLIC LAW 109–241—JULY 11, 2006 120 STAT. 543

related and that are located in one or more of

their regions.

‘‘(III) For matching Federal or State grants

for projects or programs in its member villages

without regard to any limitation on the Federal

or State share, or restriction on the source of any

non-Federal or non-State matching funds, of any

grant program under any other provision of law.

‘‘(iv) FISHERY-RELATED INVESTMENTS.—The entity

shall make the remainder percent of its annual investments in fisheries-related projects or for other purposes

consistent with the practices of the entity prior to

March 1, 2006.

‘‘(v) ANNUAL STATEMENT OF COMPLIANCE.—Each

year the entity, following approval by its board of

directors and signed by its chief executive officer, shall

submit a written statement to the Secretary and the

State of Alaska that summarizes the purposes for

which it made investments under clauses (iii) and (iv)

during the preceding year.

‘‘(vi) OTHER PANEL REQUIREMENTS.—The entity

shall comply with any other requirements established

by the panel under subparagraph (G).

‘‘(F) ENTITY STATUS, LIMITATIONS, AND REGULATION.—

The entity—

‘‘(i) shall be subject to any excessive share ownership, harvesting, or processing limitations in the fisheries of the Bering Sea and Aleutian Islands Management Area only to the extent of the entity’s proportional ownership, excluding any program allocations,

and notwithstanding any other provision of law;

‘‘(ii) shall comply with State of Alaska law

requiring annual reports to the entity’s member villages summarizing financial operations for the previous

calendar year, including general and administrative

costs and compensation levels of the top 5 highest

paid personnel;

‘‘(iii) shall comply with State of Alaska laws to

prevent fraud that are administered by the Alaska

Division of Banking and Securities, except that the

entity and the State shall keep confidential from public

disclosure any information if the disclosure would be

harmful to the entity or its investments; and

‘‘(iv) is exempt from compliance with any State

law requiring approval of financial transactions,

community development plans, or amendments thereto,

except as required by subparagraph (H).

‘‘(G) ADMINISTRATIVE PANEL.—

‘‘(i) ESTABLISHMENT.—There is established a

community development quota program panel.

‘‘(ii) MEMBERSHIP.—The panel shall consist of 6

members. Each entity participating in the program

shall select one member of the panel.

‘‘(iii) FUNCTIONS.—The panel shall—

‘‘(I) administer those aspects of the program

not otherwise addressed in this paragraph, either

through private contractual arrangement or

120 STAT. 544 PUBLIC LAW 109–241—JULY 11, 2006

through recommendations to the North Pacific

Council, the Secretary, or the State of Alaska,

as the case may be; and

‘‘(II) coordinate and facilitate activities of the

entities under the program.

‘‘(iv) UNANIMITY REQUIRED.—The panel may act

only by unanimous vote of all 6 members of the panel

and may not act if there is a vacancy in the membership of the panel.

‘‘(H) DECENNIAL REVIEW AND ADJUSTMENT OF ENTITY

ALLOCATIONS.— ‘‘(i) IN GENERAL.—During calendar year 2012 and

every 10 years thereafter, the State of Alaska shall

evaluate the performance of each entity participating

in the program based on the criteria described in clause

(ii).

‘‘(ii) CRITERIA.—The panel shall establish a system

to be applied under this subparagraph that allows

each entity participating in the program to assign relative values to the following criteria to reflect the

particular needs of its villages:

‘‘(I) Changes during the preceding 10-year

period in population, poverty level, and economic

development in the entity’s member villages.

‘‘(II) The overall financial performance of the

entity, including fishery and nonfishery investments by the entity.

‘‘(III) Employment, scholarships, and training

supported by the entity.

‘‘(IV) Achieving of the goals of the entity’s

community development plan.

‘‘(iii) ADJUSTMENT OF ALLOCATIONS.—After the

evaluation required by clause (i), the State of Alaska

shall make a determination, on the record and after

an opportunity for a hearing, with respect to the

performance of each entity participating in the program

for the criteria described in clause (ii). If the State

determines that the entity has maintained or improved

its overall performance with respect to the criteria,

the allocation to such entity under the program shall

be extended by the State for the next 10-year period.

If the State determines that the entity has not maintained or improved its overall performance with respect

to the criteria—

‘‘(I) at least 90 percent of the entity’s allocation

for each species under subparagraph (C) shall be

extended by the State for the next 10-year period;

and

‘‘(II) the State may determine, or the Secretary

may determine (if State law prevents the State

from making the determination), and implement

an appropriate reduction of up to 10 percent of

the entity’s allocation for each species under

subparagraph (C) for all or part of such 10-year

period.

‘‘(iv) REALLOCATION OF REDUCED AMOUNT.—If the

State or the Secretary reduces an entity’s allocation

PUBLIC LAW 109–241—JULY 11, 2006 120 STAT. 545

under clause (iii), the reduction shall be reallocated

among other entities participating in the program

whose allocations are not reduced during the same

period in proportion to each such entity’s allocation

of the applicable species under subparagraph (C).

‘‘(I) SECRETARIAL APPROVAL NOT REQUIRED.—Notwithstanding any other provision of law or regulation thereunder, the approval by the Secretary of a community

development plan, or an amendment thereof, under the

program is not required.

‘‘(J) COMMUNITY DEVELOPMENT PLAN DEFINED.—In this

paragraph, the term ‘community development plan’ means

a plan, prepared by an entity referred to in subparagraph

(D), for the program that describes how the entity intends—

‘‘(i) to harvest its share of fishery resources allocated to the program, or

‘‘(ii) to use its share of fishery resources allocated

to the program, and any revenue derived from such

use, to assist its member villages with projects to

advance economic development,

but does not include a plan that allocates fishery resources

to the program.’’.

(b) 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.

16 USC 1855

note.

120 STAT. 546 PUBLIC LAW 109–241—JULY 11, 2006

(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).

Deadlines.

Grants.

Deadline.

Deadline.

PUBLIC LAW 109–241—JULY 11, 2006 120 STAT. 547

The implementation of this section shall not delay the implementation of an Automatic Identification System as required by section

70114 of title 46, United States Code, and international convention.

SEC. 420. VOYAGE DATA RECORDER STUDY AND REPORT.

(a) STUDY.—The Secretary of the department in which the

Coast Guard is operating shall study—

(1) the carriage of a voyage data recorder by a passenger

vessel described in section 2101(22)(D) of title 46, United States

Code, carrying more than 399 passengers; and

(2) standards for voyage data recorders, methods for

approval of models of voyage data recorders, and procedures

for annual performance testing of voyage data recorders.

(b) CONSULTATION.—In conducting the study, the Secretary

shall consult, at a minimum, with manufacturers of voyage data

recorders and operators of potentially affected passenger vessels.

(c) REPORT.—Not later than one year after the date of enactment of this Act, the Secretary shall submit to the Committee

on Commerce, Science, and Transportation of the Senate and the

Committee on Transportation and Infrastructure of the House of

Representatives a report on the study’s findings, including a proposal for legislation if such a proposal is considered appropriate

by the Secretary.

SEC. 421. DISTANT WATER TUNA FLEET.

(a) MANNING REQUIREMENTS.—Notwithstanding section 8103(a)

of title 46, United States Code, United States purse seine fishing

vessels fishing exclusively for highly migratory species in the treaty

area under a fishing license issued pursuant to the 1987 Treaty

on Fisheries Between the Governments of Certain Pacific Islands

States and the Government of the United States of America, or

transiting to or from the treaty area exclusively for such purpose,

may engage foreign citizens to meet the manning requirement

(except for the master) in the 48-month period beginning on the

date of enactment of this Act if, after timely notice of a vacancy

to meet the manning requirement, no United States citizen personnel are readily available to fill such vacancy.

(b) LICENSING RESTRICTIONS.—

(1) IN GENERAL.—Subsection (a)(1) only applies to a foreign

citizen that holds a valid license or certificate issued—

(A) in accordance with the standards established by

the 1995 amendments to the Convention on Standards

of Training, Certification and Watchkeeping for Seafarers,

1978 (STCW 95); and

(B) by an authority that the Secretary of the department in which the Coast Guard is operating recognizes

as imposing competency and training standards equivalent

to or exceeding those required for a United States license

issued under chapter 71 of title 46, United States Code.

(2) TREATMENT OF EQUIVALENT LICENSE.—An equivalent

license or certificate as recognized by the Secretary under paragraph (1) shall be considered as meeting the requirements

of section 8304 of title 46, United States Code, but only while

a person holding the license or certificate is in the service

of a vessel to which this section applies.

(c) LIMITATION.—Subsection (a) applies only to vessels operating

in and out of American Samoa.

120 STAT. 548 PUBLIC LAW 109–241—JULY 11, 2006

(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.

Alaska.

PUBLIC LAW 109–241—JULY 11, 2006 120 STAT. 549

(3) MARY ISLAND LIGHT STATION.—The area described as

the remaining National Forest System uplands in the Mary

Island Lighthouse Reserve dated January 4, 1901, as amended

by Public Land Order 6964, dated April 5, 1993, comprising

approximately 1.07 acres.

(4) CAPE HINCHINBROOK LIGHT STATION.—The area

described in the survey dated November 1, 1957, prepared

for the Coast Guard for the Cape Hinchinbrook Light Station

comprising approximately 57.4 acres.

(c) MAPS.—The Commandant of the Coast Guard, in consultation with the Secretary of Agriculture, shall prepare and maintain

maps of the lands transferred by subsection (a), and such maps

shall be on file and available for public inspection in the Coast

Guard District 17 office in Juneau, Alaska.

(d) EFFECT OF TRANSFER.—The lands transferred to the Secretary of the department in which the Coast Guard is operating

by subsection (a)—

(1) shall be administered by the Commandant of the Coast

Guard;

(2) shall be considered to be transferred from, and no

longer part of, the National Forest System; and

(3) shall be considered not suitable for return to the public

domain for disposition under the general public land laws.

(e) TRANSFER OF LAND.—

(1) REQUIREMENT.—Subject to paragraph (2), the Administrator of General Services, upon request by the Secretary of

Agriculture, shall transfer without consideration to the Secretary of Agriculture any land identified in subsection (b),

together with the improvements thereon, for administration

under the laws pertaining to the National Forest System if—

(A) 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.

Deadline.

Deadline.

120 STAT. 550 PUBLIC LAW 109–241—JULY 11, 2006

(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

Deadline.

PUBLIC LAW 109–241—JULY 11, 2006 120 STAT. 551

transferred to the Secretary of Agriculture pursuant to this

section; or

(2) any easement or other special use authorization granted

under subsection (d) is terminated or revoked.

(f) REVOCATION OF WITHDRAWALS AND RESERVATIONS.—Effective on the date of transfer of administrative jurisdiction pursuant

to this section, the following public land withdrawals or reservations

for light station and lighthouse purposes on lands in Alaska are

revoked as to the lands transferred:

(1) The unnumbered Executive Order dated January 4,

1901, as it affects the Tree Point Light Station site only.

(2) Executive Order No. 4410 dated April 1, 1926, as it

affects the Tree Point Light Station site only.

(g) REMEDIATION RESPONSIBILITIES NOT AFFECTED.—Nothing

in this section shall affect any responsibilities of the Commandant

of the Coast Guard for the remediation of hazardous substances

and petroleum contamination at the Tree Point Light Station consistent with existing law and regulations. The Commandant and

the Secretary shall execute an agreement to provide for the remediation of the land and structures at the Tree Point Light Station.

SEC. 503. MISCELLANEOUS LIGHT STATIONS.

(a) CAPE ST. ELIAS LIGHT STATION.—For purposes of section

416(a)(2) of the Coast Guard Authorization Act of 1998 (112 Stat.

3435), the Cape St. Elias Light Station shall comprise approximately

10 acres in fee, along with additional access easements issued

without consideration by the Secretary of Agriculture, as generally

described in the map entitled ‘‘Cape St. Elias Light Station’’, dated

September 14, 2004. The Secretary of the department in which

the Coast Guard is operating shall keep such map on file and

available for public inspection.

(b) POINT WILSON LIGHTHOUSE.—Section 325(c)(3) of the Coast

Guard Authorization Act of 1993 (107 Stat. 2432) is amended—

(1) by striking ‘‘and’’ at the end of subparagraph (B);

(2) by redesignating subparagraph (C) as subparagraph

(D); and

(3) by inserting after subparagraph (B) the following:

‘‘(C) all housing units and related structures associated

with the lighthouse; and’’.

SEC. 504. 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

16 USC 668dd

note.

120 STAT. 552 PUBLIC LAW 109–241—JULY 11, 2006

beginning due South (magnetic) a distance of 700 feet, more or

less, to the shoreline of Apalachee Bay, comprising 8.0 acres, more

or less, as shown on the plat dated January 2, 1902, by Office

of L. H. Engineers, 7th and 8th District, Mobile, Alabama.

(c) TRANSFER OF ADMINISTRATIVE JURISDICTION.— (1) IN GENERAL.—Subject to subsection (f) and paragraph

(2), administrative jurisdiction over the public land described

in subsection (b), and over all improvements located thereon,

is transferred without reimbursement from the department in

which the Coast Guard is operating to the Secretary of the

Interior.

(2) RESPONSE AND RESTORATION.—The transfer under paragraph (1) may not be made to the Secretary of the Interior

until the Coast Guard has completed any response and restoration action necessary under subsection (d)(1).

(d) RESPONSIBILITY FOR ENVIRONMENTAL RESPONSE ACTIONS.— The Coast Guard shall have sole responsibility in the Federal

Government to fund and conduct any response or restoration action

required under any applicable Federal or State law or implementing

regulation to address—

(1) a release or threatened release on or originating from

public land described in subsection (b) of any hazardous substance, pollutant, contaminant, petroleum, or petroleum product

or derivative that is located on such land on the date of enactment of this Act; or

(2) any other release or threatened release on or originating

from public land described in subsection (b) of any hazardous

substance, pollutant, contaminant, petroleum, or petroleum

product or derivative, that results from any Coast Guard

activity occurring after the date of enactment of this Act.

(e) INCLUSION IN REFUGE.—

(1) INCLUSION.—The public land described in subsection

(b) shall be part of St. Marks National Wildlife Refuge.

(2) ADMINISTRATION.—Subject to this subsection, the Secretary of the Interior shall administer the public land described

in subsection (b)—

(A) through the Director of the United States Fish

and Wildlife Service; and

(B) in accordance with the National Wildlife Refuge

System Administration Act of 1966 (16 U.S.C. 668dd et

seq.) and such other laws as apply to Federal real property

under the sole jurisdiction of the United States Fish and

Wildlife Service.

(f) MAINTENANCE OF NAVIGATION FUNCTIONS.—The transfer by

subsection (c), and the administration of the public land described

in subsection (b), shall be subject to such conditions and restrictions

as the Secretary of the department in which the Coast Guard

is operating considers necessary to ensure that—

(1) the Federal aids to navigation located at St. Marks

National Wildlife Refuge continue to be operated and maintained by the Coast Guard for as long as they are needed

for navigational purposes;

(2) the Coast Guard may remove, replace, or install any

Federal aid to navigation at the St. Marks National Wildlife

Refuge as may be necessary for navigational purposes;

(3) the United States Fish and Wildlife Service will not

interfere or allow interference in any manner with any Federal

PUBLIC LAW 109–241—JULY 11, 2006 120 STAT. 553

aid to navigation, and will not hinder activities required for

the operation and maintenance of any Federal aid to navigation,

without express written approval by the Secretary of the department in which the Coast Guard is operating; and

(4) the Coast Guard may enter, at any time, the St. Marks

National Wildlife Refuge, without notice, for purposes of operating, maintaining, and inspecting any Federal aid to navigation and ensuring compliance with this subsection, to the extent

that it is not possible to provide advance notice.

TITLE 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

33 USC 1232b.

33 USC 2701

note.

Delaware River

Protection Act

of 2006.

120 STAT. 554 PUBLIC LAW 109–241—JULY 11, 2006

‘‘(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.

33 USC 2704

note.

President.

Regulations.

Deadline.

33 USC 2704

note.

33 USC 2704.

PUBLIC LAW 109–241—JULY 11, 2006 120 STAT. 555

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’’.

33 USC 2762.

Deadline.

120 STAT. 556 PUBLIC LAW 109–241—JULY 11, 2006

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

PUBLIC LAW 109–241—JULY 11, 2006 120 STAT. 557

resources in the waters of Delaware River or Delaware

Bay.

(H) Three members who represent environmental

organizations active with respect to the Delaware River

and Delaware Bay, including a watershed advocacy group

and a wildlife conservation advocacy group.

(I) One member who represents an organization affiliated with recreational fishing interests in the vicinity of

Delaware River and Delaware Bay.

(J) Two members who are scientists or researchers

associated with an academic institution and who have

professional credentials in fields of research relevant to

oil spill safety, oil spill response, or wildlife and ecological

recovery.

(K) Two members who are municipal or county officials

from Delaware.

(L) Two members who are municipal or county officials

from New Jersey.

(M) Two members who are municipal or county officials

from Pennsylvania.

(N) One member who represents an oil spill response

organization located on the lower Delaware River and Delaware Bay.

(O) One member who represents the general public.

(2) EX OFFICIO MEMBERS.—The Committee may also consist

of an appropriate number (as determined by the Commandant

of the Coast Guard) of nonvoting members who represent Federal agencies and agencies of the States of New Jersey, Pennsylvania, and Delaware with an interest in oil spill prevention

in the Delaware River and Delaware Bay.

(c) RESPONSIBILITIES.—

(1) IN GENERAL.—The Committee shall provide advice and

recommendations on measures to improve the prevention of

and response to future oil spills in the Delaware River and

Delaware Bay to the Commandant, the Governors of the States

of New Jersey, Pennsylvania, and Delaware, the Committee

on Commerce, Science, and Transportation of the Senate, and

the Committee on Transportation and Infrastructure of the

House of Representatives.

(2) REPORT.—Not later than 18 months after the date that

the Commandant completes appointment of the members of

the Committee, the Committee shall provide a report to the

entities referred to in paragraph (1) with the recommendations

of the Committee, including a ranking of priorities, for measures

to improve prevention and response to oil spills described in

paragraph (1).

(d) MEETINGS.—The Committee—

(1) 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

Federal Register,

publication.

Deadline.

120 STAT. 558 PUBLIC LAW 109–241—JULY 11, 2006

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—

PUBLIC LAW 109–241—JULY 11, 2006 120 STAT. 559

(A) the qualified property is unsalable (as determined

by the Secretary); and

(B) the proceeds, if any, of insurance for such damage

are less than an amount equal to the greater of—

(i) the fair market value of the qualified property

on August 28, 2005 (as determined by the Secretary);

or

(ii) the outstanding mortgage, if any, on the qualified property on that date.

(c) REIMBURSEMENT AMOUNT.—The amount of the reimbursement that an eligible person may be paid under this section with

respect to a qualified property shall be determined as follows:

(1) In the case of qualified property that is a dwelling

(including a condominium unit but excluding a manufactured

home), the amount shall be—

(A) the amount equal to the greater of—

(i) 85 percent of the fair market value of the

dwelling on August 28, 2005 (as determined by the

Secretary); or

(ii) the outstanding mortgage, if any, on the

dwelling on that date; minus

(B) the proceeds, if any, of insurance referred to in

subsection (b)(3)(B).

(2) In the case of qualified property that is a manufactured

home, the amount shall be—

(A) if the owner also owns the real property underlying

such home, the amount determined under paragraph (1);

or

(B) if the owner leases such underlying property—

(i) the amount determined under paragraph (1);

plus

(ii) the amount of rent payable under the lease

of such property for the period beginning on August

28, 2005, and ending on the date of the reimbursement

under this section.

(d) TRANSFER AND DISPOSAL OF PROPERTY.—

(1) IN GENERAL.—A person receiving reimbursement under

this section shall transfer to the Administrator of General

Services all right, title, and interest of the owner in and to

the qualified property for which the owner receives such

reimbursement. The Administrator shall hold, manage, and

dispose of such right, title, and interest in the same manner

that the Secretary of Defense holds, manages, and disposes

of real property under section 1013 of the Demonstration Cities

and Metropolitan Development Act of 1966 (42 U.S.C. 3374).

(2) TREATMENT OF PROCEEDS.—Any amounts received by

the United States as proceeds of management or disposal of

property by the Administrator of General Services under this

subsection shall be deposited in the general fund of the

Treasury as offsetting receipts of the department in which

the Coast Guard is operating and ascribed to Coast Guard

activities.

(e) QUALIFIED PROPERTY.—Property is qualified property for

the purposes of this section if as of August 28, 2005, the property

was a one- or two-family dwelling, manufactured home, or condominium unit in the State of Louisiana, Mississippi, Alabama, or

120 STAT. 560 PUBLIC LAW 109–241—JULY 11, 2006

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

PUBLIC LAW 109–241—JULY 11, 2006 120 STAT. 561

who served on active duty for a continuous period of 30 days,

who was assigned to duty or otherwise detailed in support of units

or operations in the Eighth Coast Guard District area of responsibility for activities to mitigate the consequences of, or assist in

the recovery from, Hurricane Katrina during the period beginning

on August 28, 2005, and ending on January 1, 2006, and who

would have otherwise lost any accumulated leave in excess of 60

days as a consequence of such assignment, is authorized to retain

an accumulated total of up to 120 days of leave.

(b) EXCESS LEAVE.—Leave in excess of 60 days accumulated

under subsection (a) shall be lost unless used by the member

before the commencement of the second fiscal year following the

fiscal year in which the assignment commences, or in the case

of a Reserve member, the year in which the period of active service

is completed.

SEC. 705. REPORTS ON IMPACT TO COAST GUARD.

(a) REPORTS REQUIRED.— (1) INTERIM REPORT.—Not later than 90 days after the

date of enactment of this Act, the Secretary of the department

in which the Coast Guard is operating shall submit to the

Committee on Commerce, Science, and Transportation of the

Senate and the Committee on Transportation and Infrastructure of the House of Representatives an interim report on

the impact of Hurricane Katrina and the response of the Coast

Guard to such impact.

(2) FINAL REPORT.—Not later than 180 days after the date

of the submittal of the report under paragraph (1), the Secretary

shall submit to the committees referred to in paragraph (1)

a final report on the impact of Hurricane Katrina and the

response of the Coast Guard to such impact.

(b) ELEMENTS.—Each report required by subsection (a) shall

include the following:

(1) A discussion and assessment of the impact of Hurricane

Katrina on the facilities, aircraft, vessels, and other assets

of the Coast Guard, including an assessment of such impact

on pending or proposed replacements or upgrades of facilities,

aircraft, vessels, or other assets of the Coast Guard.

(2) A discussion and assessment of the impact of Hurricane

Katrina on Coast Guard operations and strategic goals.

(3) A statement of the number of emergency drills held

by the Coast Guard during the 5-year period ending on the

date of the report with respect to natural disasters and with

respect to security incidents.

(4) A description and assessment of—

(A) the lines of communication and reporting, during

the response to Hurricane Katrina, within the Coast Guard

and between the Coast Guard and other departments and

agencies of the Federal Government and State and local

governments; and

(B) the interoperability of such communications during

the response to Hurricane Katrina.

(5) A discussion and assessment of the financial impact

on Coast Guard operations during fiscal years 2005 and 2006

of unbudgeted increases in prices of fuel.

SEC. 706. REPORTS ON IMPACTS ON NAVIGABLE WATERWAYS.

(a) REPORTS REQUIRED.—

120 STAT. 562 PUBLIC LAW 109–241—JULY 11, 2006

(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

14 USC 92 note.

PUBLIC LAW 109–241—JULY 11, 2006 120 STAT. 563

Maritime Organization by flag States on whom such agreements

are binding, including implementation of—

(1) a code outlining flag State responsibilities and obligations;

(2) an audit regime for evaluating flag State performance;

(3) measures to ensure that responsible organizations,

acting on behalf of flag States, meet established performance

standards; and

(4) cooperative arrangements to improve enforcement on

a bilateral, regional, or international basis.

SEC. 802. 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.

Deadline.

Reports.

16 USC 1828.

16 USC 1861

note.

14 USC 92 note.

120 STAT. 564 PUBLIC LAW 109–241—JULY 11, 2006

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.—

Effective date.

33 USC 1321 and

note.

Effective date.

46 USC 7302 and

note.

Effective date.

46 USC 4508 and

note.

Effective date.

33 USC 1223 and

note.

Effective date.

PUBLIC LAW 109–241—JULY 11, 2006 120 STAT. 565

(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:

46 USC 70101

et seq.

46 USC 70101.

120 STAT. 566 PUBLIC LAW 109–241—JULY 11, 2006

‘‘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’’.

PUBLIC LAW 109–241—JULY 11, 2006 120 STAT. 567

(d) PUBLIC PRINTING AND DOCUMENTS.—Sections 1308 and 1309

of title 44, United States Code, are amended by striking ‘‘Secretary

of the Department of Transportation’’ each place it appears and

inserting ‘‘Secretary of the department in which the Coast Guard

is operating’’.

(e) SHIPPING.—Title 46, United State Code, is amended—

(1) in section 2109 by striking ‘‘a Coast Guard or’’;

(2) in section 6308—

(A) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and

(B) by striking subsection (a) and inserting the following:

‘‘(a) Notwithstanding any other provision of law, no part of

a report of a marine casualty investigation conducted under section

6301 of this title, including findings of fact, opinions, recommendations, deliberations, or conclusions, shall be admissible as evidence

or subject to discovery in any civil or administrative proceedings,

other than an administrative proceeding initiated by the United

States.

‘‘(b) Any member or employee of the Coast Guard investigating

a marine casualty pursuant to section 6301 of this title shall not

be subject to deposition or other discovery, or otherwise testify

in such proceedings relevant to a marine casualty investigation,

without the permission of the Secretary. The Secretary shall not

withhold permission for such employee or member to testify, either

orally or upon written questions, on solely factual matters at a

time and place and in a manner acceptable to the Secretary if

the information is not available elsewhere or is not obtainable

by other means.’’;

(3) in subsection (c), as redesignated by this section, by

striking ‘‘subsection (a)’’ and inserting ‘‘subsections (a) and (b)’’;

and

(4) in subsection (d), as redesignated by this section, by

striking ‘‘subsections (a) and (b)’’ and inserting ‘‘subsections

(a), (b), and (c)’’.

(f) MORTGAGE INSURANCE.—Section 222 of the National Housing

Act of 1934 (12 U.S.C. 1715m) is amended by striking ‘‘of Transportation’’ each place it appears and inserting ‘‘of Homeland Security’’.

(g) ARCTIC RESEARCH.—Section 107(b)(2) of the Arctic Research

and Policy Act of 1984 (15 U.S.C. 4106(b)(2)) is amended—

(1) by redesignating subparagraphs (I) through (K) as subparagraphs (J) through (L), respectively; and

(2) by inserting after subparagraph (H) the following:

‘‘(I) the Department of Homeland Security;’’.

(h) CONSERVATION.—

(1) SECTION 1029.—Section 1029(e)(2)(B) of the Bisti/DeNa-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

120 STAT. 568 PUBLIC LAW 109–241—JULY 11, 2006

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’’.

33 USC 494.

PUBLIC LAW 109–241—JULY 11, 2006 120 STAT. 569

LEGISLATIVE HISTORY—H.R. 889 (S. 1280):

HOUSE REPORTS: Nos. 109–204, Pt. 1 (Comm. on Transportation and Infrastructure) and 109–413 (Comm. of Conference).

SENATE REPORTS: No. 109–114 accompanying S. 1280 (Comm. on Commerce,

Science, and Transportation).

CONGRESSIONAL RECORD:

Vol. 151 (2005): Sep. 15, considered and passed House.

Oct. 27, considered and passed Senate, amended.

Vol. 152 (2006): June 26, House considered conference report.

June 27, House and Senate agreed to conference report.

Senate vitiated agreement on conference report.

June 28, Senate agreed to conference report, pursuant to the

order of June 22.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):

July 11, Presidential statement.

Æ

(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.’’.

Approved July 11, 2006.

Certification.