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[109th Congress Public Law 241]
[From the U.S. Government Printing Office]

[DOCID: f:publ241.109]

[[Page 515]]

           COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2006

[[Page 120 STAT. 516]]

Public Law 109-241
109th Congress

                                 An Act

 
To authorize appropriations for the Coast Guard for fiscal year 2006, to 
  make technical corrections to various laws administered by the Coast 
  Guard, and for other purposes. <<NOTE: July 11, 2006 -  [H.R. 889]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Coast Guard and Maritime 
Transportation Act of 2006. 14 USC 1 note.>> assembled,

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

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

                         TITLE I--AUTHORIZATION

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

                          TITLE II--COAST GUARD

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

                   TITLE III--SHIPPING AND NAVIGATION

Sec. 301. Treatment of ferries as passenger vessels.
Sec. 302. Great Lakes pilotage annual ratemaking.
Sec. 303. Certification of vessel nationality in drug smuggling cases.
Sec. 304. LNG tankers.
Sec. 305. Use of maritime safety and security teams.
Sec. 306. Enhanced civil penalties for violations of provisions enacted 
           by the Coast Guard and Maritime Transportation Act of 2004.

[[Page 120 STAT. 517]]

Sec. 307. Training of cadets at United States Merchant Marine Academy.
Sec. 308. Reports from mortgagees of vessels.
Sec. 309. Determination of the Secretary.
Sec. 310. Setting, relocating, and recovering anchors.
Sec. 311. International tonnage measurement of vessels engaged in the 
           Aleutian trade.
Sec. 312. Riding gangs.

                         TITLE IV--MISCELLANEOUS

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

                          TITLE V--LIGHTHOUSES

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

  TITLE VI--DELAWARE RIVER PROTECTION AND MISCELLANEOUS OIL PROVISIONS

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

                      TITLE VII--HURRICANE RESPONSE

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

              TITLE VIII--OCEAN COMMISSION RECOMMENDATIONS

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

                     TITLE IX--TECHNICAL CORRECTIONS

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

[[Page 120 STAT. 518]]

                         TITLE I--AUTHORIZATION

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are authorized to be appropriated for fiscal year 2006 for 
necessary expenses of the Coast Guard as follows:
            (1) For the operation and maintenance of the Coast Guard, 
        $5,633,900,000, of which $24,500,000 is authorized to be derived 
        from the Oil Spill Liability Trust Fund to carry out the 
        purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 
        (33 U.S.C. 2712(a)(5)).
            (2) For the acquisition, construction, rebuilding, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto, $1,903,821,000, of which--
                    (A) $20,000,000 shall be derived from the Oil Spill 
                Liability Trust Fund to carry out the purposes of 
                section 1012(a)(5) of the Oil Pollution Act of 1990, to 
                remain available until expended;
                    (B) $1,316,300,000 is authorized for acquisition and 
                construction of shore and offshore facilities, vessels, 
                and aircraft, including equipment related thereto, and 
                other activities that constitute the Integrated 
                Deepwater Systems; and
                    (C) $284,369,000 is authorized for sustainment of 
                legacy vessels and aircraft, including equipment related 
                thereto, and other activities that constitute the 
                Integrated Deepwater Systems.
            (3) To the Commandant of the Coast Guard for research, 
        development, test, and evaluation of technologies, materials, 
        and human factors directly relating to improving the performance 
        of the Coast Guard's mission in search and rescue, aids to 
        navigation, marine safety, marine environmental protection, 
        enforcement of laws and treaties, ice operations, oceanographic 
        research, and defense readiness, $24,000,000, to remain 
        available until expended, of which $3,500,000 shall be derived 
        from the Oil Spill Liability Trust Fund to carry out the 
        purposes of section 1012(a)(5) of the Oil Pollution Act of 1990.
            (4) For retired pay (including the payment of obligations 
        otherwise chargeable to lapsed appropriations for this purpose), 
        payments under the Retired Serviceman's Family Protection and 
        Survivor Benefit Plans, and payments for medical care of retired 
        personnel and their dependents under chapter 55 of title 10, 
        United States Code, $1,014,080,000, to remain available until 
        expended.
            (5) For alteration or removal of bridges over navigable 
        waters of the United States constituting obstructions to 
        navigation, and for personnel and administrative costs 
        associated with the Bridge Alteration Program, $38,400,000.
            (6) For environmental compliance and restoration at Coast 
        Guard facilities (other than parts and equipment associated with 
        operation and maintenance), $12,000,000, to remain available 
        until expended.
            (7) For the Coast Guard Reserve program, including personnel 
        and training costs, equipment, and services, $119,000,000.

[[Page 120 STAT. 519]]

SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.

    (a) Active-Duty Strength.--The Coast Guard is authorized an end-of-
year strength for active-duty personnel of 45,500 for the fiscal year 
ending on September 30, 2006.
    (b) Military Training Student Loads.--For fiscal year 2006, the 
Coast Guard is authorized average military training student loads as 
follows:
            (1) For recruit and special training, 2,500 student years.
            (2) For flight training, 125 student years.
            (3) For professional training in military and civilian 
        institutions, 350 student years.
            (4) For officer acquisition, 1,200 student years.

SEC. 103. SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--In addition to amounts 
provided to the Coast Guard from another Federal agency for 
reimbursement of expenditures for Hurricane Katrina, there are 
authorized to be appropriated to the Secretary of the department in 
which the Coast Guard is operating the following amounts for 
nonreimbursed expenditures:
            (1) For the operation and maintenance of the Coast Guard in 
        responding to Hurricane Katrina, including search and rescue 
        efforts, clearing channels, and emergency response to oil and 
        chemical spills, and for increased costs of operation and 
        maintenance of the Coast Guard due to higher than expected fuel 
        costs, $300,000,000.
            (2) For the acquisition, construction, renovation, and 
        improvement of aids to navigation, shore and offshore 
        facilities, and vessels and aircraft, including equipment 
        related thereto, related to damage caused by Hurricane Katrina, 
        $200,000,000.

    (b) Construction With Other Funding.--The amounts authorized to be 
appropriated by subsection (a) are in addition to any other amounts 
authorized to be appropriated to the Secretary of the department in 
which the Coast Guard is operating under any other provision of law.
    (c) Availability.--The amounts made available under subsection (a) 
shall remain available until expended.

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

    There is authorized to be appropriated for each of fiscal years 2006 
and 2007 to the Secretary of the department in which the Coast Guard is 
operating $1,000,000 to continue deployment of a World Wide Web-based 
risk management system to help reduce accidents and fatalities.

                          TITLE II--COAST GUARD

SEC. 201. EXTENSION OF COAST GUARD VESSEL ANCHORAGE AND MOVEMENT 
            AUTHORITY.

    Section 91 of title 14, United States Code, is amended by adding at 
the end the following new subsection:
    ``(d) As used in this section `navigable waters of the United 
States' includes all waters of the territorial sea of the United States 
as described in Presidential Proclamation No. 5928 of December 27, 
1988.''.

[[Page 120 STAT. 520]]

SEC. 202. INTERNATIONAL TRAINING AND TECHNICAL ASSISTANCE.

    (a) In General.--Section 149 of title 14, United States Code, is 
amended--
            (1) by amending the section heading to read as follows:

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

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

    ``(a) Detail of Members to Assist Foreign Governments.--''; and
            (3) by adding at the end the following new subsection:

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

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

SEC. 203. OFFICER PROMOTION.

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

SEC. 204. COAST GUARD BAND DIRECTOR.

    (a) Band Director Appointment and Grade.--Section 336 of title 14, 
United States Code, is amended--
            (1) in subsection (b)--
                    (A) by striking the first sentence and inserting the 
                following: ``The Secretary may designate as the director 
                any individual determined by the Secretary to possess 
                the necessary qualifications.''; and
                    (B) in the second sentence, by striking ``a member 
                so designated'' and inserting ``an individual so 
                designated'';
            (2) in subsection (c)--
                    (A) by striking ``of a member'' and inserting ``of 
                an individual''; and
                    (B) by striking ``of lieutenant (junior grade) or 
                lieutenant'' and inserting ``determined by the Secretary 
                to be most appropriate to the qualifications and 
                experience of the appointed individual'';
            (3) in subsection (d) by striking ``A member'' and inserting 
        ``An individual''; and
            (4) in subsection (e)--
                    (A) by striking ``When a member's designation is 
                revoked,'' and inserting ``When an individual's 
                designation is revoked,''; and
                    (B) by striking ``option:'' and inserting ``option--
                ''.

    (b) <<NOTE: 14 USC 336 note.>> Current Director.--The individual 
serving as Coast Guard band director on the date of enactment of this 
Act may be immediately promoted to a commissioned grade, not to exceed 
captain,

[[Page 120 STAT. 521]]

determined by the Secretary of the department in which the Coast Guard 
is operating to be most appropriate to the qualifications and experience 
of that individual.

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

    (a) In General.--Chapter 17 of title 14, United States Code, is 
amended by adding at the end the following new section:

``Sec. 677. Turnkey selection procedures

    ``(a) Authority to Use.--The Secretary may use one-step turnkey 
selection procedures for the purpose of entering into contracts for 
construction projects.
    ``(b) Definitions.--In this section, the following definitions 
apply:
            ``(1) The term `one-step turnkey selection procedures' means 
        procedures used for the selection of a contractor on the basis 
        of price and other evaluation criteria to perform, in accordance 
        with the provisions of a firm fixed-price contract, both the 
        design and construction of a facility using performance 
        specifications supplied by the Secretary.
            ``(2) The term `construction' includes the construction, 
        procurement, development, conversion, or extension of any 
        facility.
            ``(3) The term `facility' means a building, structure, or 
        other improvement to real property.''.

    (b) Clerical Amendment.--The analysis at the beginning of such 
chapter is amended by inserting after the item relating to section 676 
the following:

``677. Turnkey selection procedures''.

SEC. 206. RESERVE RECALL AUTHORITY.

    Section 712 of title 14, United States Code, is amended--
            (1) in subsection (a) by striking ``during a'' and inserting 
        ``during a, or to aid in prevention of an imminent,'';
            (2) in subsection (a) by striking ``or catastrophe,'' and 
        inserting ``catastrophe, act of terrorism (as defined in section 
        2(15) of the Homeland Security Act of 2002 (6 U.S.C. 101(15))), 
        or transportation security incident as defined in section 70101 
        of title 46,'';
            (3) in subsection (a) by striking ``thirty days in any four-
        month period'' and inserting ``60 days in any 4-month period'';
            (4) in subsection (a) by striking ``sixty days in any two-
        year period'' and inserting ``120 days in any 2-year period''; 
        and
            (5) by adding at the end the following:

    ``(e) For purposes of calculating the duration of active duty 
allowed pursuant to subsection (a), each period of active duty shall 
begin on the first day that a member reports to active duty, including 
for purposes of training.''.

SEC. 207. RESERVE OFFICER DISTRIBUTION.

    Section 724 of title 14, United States Code, is amended--
            (1) in subsection (a) by inserting after the first sentence 
        the following: ``Reserve officers on an active-duty list shall 
        not be counted as part of the authorized number of officers in 
        the Reserve.''; and

[[Page 120 STAT. 522]]

            (2) in subsection (b) by striking all that precedes 
        paragraph (2) and inserting the following:

    ``(b)(1) <<NOTE: Computation.>> The Secretary shall make, at least 
once each year, a computation to determine the number of Reserve 
officers in an active status authorized to be serving in each grade. The 
number in each grade shall be computed by applying the applicable 
percentage to the total number of such officers serving in an active 
status on the date the computation is made. The number of Reserve 
officers in an active status below the grade of rear admiral (lower 
half) shall be distributed by pay grade so as not to exceed percentages 
of commissioned officers authorized by section 42(b) of this title. When 
the actual number of Reserve officers in an active status in a 
particular pay grade is less than the maximum percentage authorized, the 
difference may be applied to the number in the next lower grade. A 
Reserve officer may not be reduced in rank or grade solely because of a 
reduction in an authorized number as provided for in this subsection, or 
because an excess results directly from the operation of law.''.

SEC. 208. EXPANSION OF USE OF AUXILIARY EQUIPMENT TO SUPPORT COAST GUARD 
            MISSIONS.

    (a) Use of Motorized Vehicles.--Section 826 of title 14, United 
States Code, is amended--
            (1) by inserting before the undesignated text the following:

    ``(a) Motor Boats, Yachts, Aircraft, and Radio Stations.--''; and
            (2) by adding at the end the following new subsection:

    ``(b) Motor Vehicles.--The Coast Guard may utilize to carry out its 
functions and duties as authorized by the Secretary any motor vehicle 
(as defined in section 154 of title 23, United States Code) placed at 
its disposition by any member of the Auxiliary, by any corporation, 
partnership, or association, or by any State or political subdivision 
thereof, to tow Federal Government property.''.
    (b) Appropriations for Facilities.--Section 830(a) of such title is 
amended by striking ``or radio station'' each place it appears and 
inserting ``radio station, or motorized vehicle utilized under section 
826(b)''.

SEC. 209. COAST GUARD HISTORY FELLOWSHIPS.

    (a) Fellowships Authorized.--Chapter 9 of title 14, United States 
Code, is amended by adding at the end the following:

``Sec. 198. Coast Guard history fellowships

    ``(a) Fellowships.--The Commandant of the Coast Guard may prescribe 
regulations under which the Commandant may award fellowships in Coast 
Guard history to individuals who are eligible under subsection (b).
    ``(b) Eligible Individuals.--An individual shall be eligible under 
this subsection if the individual is a citizen or national of the United 
States and--
            ``(1) is a graduate student in United States history;
            ``(2) has completed all requirements for a doctoral degree 
        other than preparation of a dissertation; and
            ``(3) agrees to prepare a dissertation in a subject area of 
        Coast Guard history determined by the Commandant.

[[Page 120 STAT. 523]]

    ``(c) Limitations.--The Commandant may award up to 2 fellowships 
annually. The Commandant may not award any fellowship under this section 
that exceeds $25,000 in any year.
    ``(d) Regulations.--The regulations prescribed under this section 
shall include--
            ``(1) the criteria for award of fellowships;
            ``(2) the procedures for selecting recipients of 
        fellowships;
            ``(3) the basis for determining the amount of a fellowship; 
        and
            ``(4) subject to the availability of appropriations, the 
        total amount that may be awarded as fellowships during an 
        academic year.''.

    (b) Clerical Amendment.--The analysis at the beginning of such 
chapter is amended by adding at the end the following:

``198. Coast Guard history fellowships''.

SEC. 210. <<NOTE: 14 USC 93 note.>> ICEBREAKERS.

    (a) Operation and Maintenance Plan.--Not <<NOTE: Deadline.>> later 
than 90 days after the date of enactment of this Act, the Secretary of 
the department in which the Coast Guard is operating shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a plan--
            (1) for operation and maintenance after fiscal year 2006 of 
        the Coast Guard polar icebreakers POLAR STAR, POLAR SEA, and 
        HEALY, that does not rely on the transfer of funds to the Coast 
        Guard by any other Federal agency; and
            (2) for the long-term recapitalization of these assets.

    (b) Necessary Measures.--The Secretary shall take all necessary 
measures to ensure that the Coast Guard maintains, at a minimum, its 
current vessel capacity for carrying out ice breaking in the Arctic and 
Antarctic, Great Lakes, and New England regions, including the necessary 
funding for operation and maintenance of such vessels, until it has 
implemented the long-term recapitalization of the Coast Guard polar 
icebreakers POLAR STAR, POLAR SEA, and HEALY in accordance with the plan 
submitted under subsection (a).
    (c) Reimbursement.--Nothing in this section shall preclude the 
Secretary from seeking reimbursement for operation and maintenance costs 
of such polar icebreakers from other Federal agencies and entities, 
including foreign countries, that benefit from the use of the 
icebreakers.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated for fiscal year 2006 to the Secretary of the department in 
which the Coast Guard is operating $100,000,000 to carry out this 
section with respect to the polar icebreakers referred to in subsection 
(a).

SEC. 211. OPERATION AS A SERVICE IN THE NAVY.

    Section 3 of title 14, United States Code, is amended by inserting 
``if Congress so directs in the declaration'' after ``Upon the 
declaration of war''.

SEC. 212. LIMITATION ON MOVING ASSETS TO ST. ELIZABETH'S HOSPITAL.

     The Commandant of the Coast Guard may not move any Coast Guard 
personnel, property, or other assets to the West Campus

[[Page 120 STAT. 524]]

of St. Elizabeth's Hospital until the Administrator of General Services 
submits to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation and the Committee on Environment and Public Works of the 
Senate a plan--
            (1) to provide road access to the site from Interstate Route 
        295;
            (2) for the design of facilities for at least one Federal 
        agency other than the Coast Guard that would house no fewer than 
        2,000 employees at such location;
            (3) to provide transportation of employees and visitors to 
        and from sites in the District of Columbia metropolitan area 
        that are located within close proximity to St. Elizabeth's 
        Hospital;
            (4) for the construction, facade, and layout of the proposed 
        structures, including security considerations, parking 
        facilities, medical facilities, dining facilities, and physical 
        exercise facilities on the West Campus;
            (5) that analyzes the costs of building restrictions, 
        planning considerations, and permitting requirements of 
        constructing new facilities on or near historic landmarks and 
        historic buildings (especially those known to possess medical 
        waste, lead paint, and asbestos);
            (6) that analyzes the feasibility of relocating Coast Guard 
        Headquarters--
                    (A) to the Department of Transportation Headquarters 
                located at L'Enfant Plaza;
                    (B) to the Waterfront Mall Complex in Southwest 
                District of Columbia; and
                    (C) to 3 alternative sites requiring either new 
                construction or leasing of current facilities (other 
                than those referred to in subparagraphs (A) and (B)) 
                within the District of Columbia metropolitan area that 
                accommodate the Coast Guard's minimum square footage 
                requirements; and
            (7) that analyzes how a potential move to the West Campus of 
        St. Elizabeth's Hospital would impact--
                    (A) the Coast Guard's ability to access and 
                cooperatively work with the Department of Homeland 
                Security and the other Federal agencies of the 
                Department; and
                    (B) plans under consideration for relocating all or 
                parts of the headquarters of the Department of Homeland 
                Security and other offices of the Department.

SEC. 213. COOPERATIVE AGREEMENTS.

    Not <<NOTE: Deadline. Reports.>> later than 180 days after the date 
of enactment of this Act, the Secretary of the department in which the 
Coast Guard is operating shall provide a report to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives on 
opportunities for cost savings and operational efficiencies that can be 
achieved through and the feasibility of colocating Coast Guard assets 
and personnel at facilities of other armed forces throughout the United 
States. The report shall--
            (1) identify opportunities for cooperative agreements with 
        respect to siting of assets or operations that may be 
        established between the Coast Guard and any of the other armed 
        forces; and

[[Page 120 STAT. 525]]

            (2) analyze anticipated costs and benefits, and operational 
        impacts associated with each site and such agreements.

SEC. 214. BIODIESEL FEASIBILITY STUDY.

    (a) Study.--The Secretary of the department in which the Coast Guard 
is operating shall conduct a study that examines the technical 
feasibility, costs, and potential cost savings of using biodiesel fuel 
in new and existing Coast Guard vehicles and vessels and that focuses on 
the use of biodiesel fuel in ports which have a high density of vessel 
traffic, including ports for which vessel traffic systems have been 
established.
    (b) Report.--Not later than one year after the date of enactment of 
this Act, the Secretary shall submit a report containing the findings, 
conclusions, and recommendations (if any) from the study to the 
Committee on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives.

SEC. 215. BOATING SAFETY DIRECTOR.

    (a) In General.--Subchapter A of chapter 11 of title 14, United 
States Code, is amended by adding at the end the following:

``Sec. 216. Director of Boating Safety Office

    ``The initial appointment of the Director of the Boating Safety 
Office shall be in the grade of Captain.''.
    (b) Clerical Amendment.--The analysis for such chapter is amended by 
inserting after the item relating to section 215 the following:

``216. Director of Boating Safety Office''.

SEC. 216. <<NOTE: Hawaii. Deadline.>> HANGAR AT COAST GUARD AIR STATION 
            BARBERS POINT.

    Not later than 180 days after the date of enactment of this Act, the 
Secretary of the department in which the Coast Guard is operating shall 
submit to the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastructure of the 
House of Representatives a proposal and cost analysis for constructing 
an enclosed hangar at Air Station Barbers Point, Hawaii. The proposal 
should ensure that the hangar has the capacity to shelter current 
aircraft assets and those projected to be located at the station over 
the next 20 years.

SEC. 217. PROMOTION OF COAST GUARD OFFICERS.

    (a) In General.--Section 211(a) of title 14, United States Code, is 
amended to read as follows:
    ``(a)(1) The President may appoint permanent commissioned officers 
in the Regular Coast Guard in grades appropriate to their qualification, 
experience, and length of service, as the needs of the Coast Guard may 
require, from among the following categories:
            ``(A) Graduates of the Coast Guard Academy.
            ``(B) Commissioned warrant officers, warrant officers, and 
        enlisted members of the Regular Coast Guard.
            ``(C) Members of the Coast Guard Reserve who have served at 
        least 2 years as such.
            ``(D) Licensed officers of the United States merchant marine 
        who have served 2 or more years aboard a vessel of the United 
        States in the capacity of a licensed officer.

[[Page 120 STAT. 526]]

    ``(2) <<NOTE: President. Congress.>> Original appointments under 
this section in the grades of lieutenant commander and above shall be 
made by the President by and with the advice and consent of the Senate.

    ``(3) Original appointments under this section in the grades of 
ensign through lieutenant shall be made by the President alone.''.
    (b) Wartime Temporary Service Promotion.--Section 275(f) of such 
title is amended by striking the second and third sentences and 
inserting ``Original appointments under this section in the grades of 
lieutenant commander and above shall be made by the President by and 
with the advice and consent of the Senate. Original appointments under 
this section in the grades of ensign through lieutenant shall be made by 
the President alone.''.

SEC. 218. REDESIGNATION OF COAST GUARD LAW SPECIALISTS AS JUDGE 
            ADVOCATES.

    (a) Definitions in Title 10.--Section 801 of title 10, United States 
Code, is amended--
            (1) by striking paragraph (11); and
            (2) in paragraph (13) by striking subparagraph (C) and 
        inserting the following:
                    ``(C) a commissioned officer of the Coast Guard 
                designated for special duty (law).''.

    (b) Conforming Amendments.--
            (1) Title 14.--Section 727 of title 14, United States Code, 
        is amended by striking ``law specialist'' and inserting ``judge 
        advocate''.
            (2) Social security act.--Section 465(a)(2) of the Social 
        Security Act (42 U.S.C. 665(a)(2)) is amended by striking ``law 
        specialist'' and inserting ``judge advocate''.

                   TITLE III--SHIPPING AND NAVIGATION

SEC. 301. TREATMENT OF FERRIES AS PASSENGER VESSELS.

    (a) Ferry Defined.--Section 2101 of title 46, United States Code, is 
amended by inserting after paragraph (10a) the following:
            ``(10b) `ferry' means a vessel that is used on a regular 
        schedule--
                    ``(A) to provide transportation only between places 
                that are not more than 300 miles apart; and
                    ``(B) to transport only--
                          ``(i) passengers; or
                          ``(ii) vehicles, or railroad cars, that are 
                      being used, or have been used, in transporting 
                      passengers or goods.''.

    (b) Passenger Vessels That Are Ferries.--Section 2101(22) of title 
46, United States Code, is amended--
            (1) by striking ``or'' at the end of subparagraph (B);
            (2) by striking the period at the end of subparagraph (C) 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(D) that is a ferry carrying a passenger.''.

    (c) Small Passenger Vessels That Are Ferries.--Section 2101(35) of 
title 46, United States Code, is amended--
            (1) by striking ``or'' at the end of subparagraph (C);
            (2) by striking the period at the end of subparagraph (D) 
        and inserting ``; or''; and

[[Page 120 STAT. 527]]

            (3) by adding at the end the following:
                    ``(E) that is a ferry carrying more than 6 
                passengers.''.

SEC. 302. GREAT LAKES PILOTAGE ANNUAL RATEMAKING.

    Section 9303 of title 46, United States Code, is amended--
            (1) in subsection (f) by inserting at the end the following: 
        ``The <<NOTE: Deadlines.>> Secretary shall establish new 
        pilotage rates by March 1 of each year. The Secretary shall 
        establish base pilotage rates by a full ratemaking at least once 
        every 5 years and shall conduct annual reviews of such base 
        pilotage rates, and make adjustments to such base rates, in each 
        intervening year.''; and
            (2) by adding at the end the following:

    ``(g) The Secretary shall ensure that a sufficient number of 
individuals are assigned to carrying out subsection (f).''.

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

    Section 3(c)(2) of the Maritime Drug Law Enforcement Act (46 U.S.C. 
App. 1903(c)(2)) is amended by striking the last two sentences and 
inserting the following: ``The response of a foreign nation to a claim 
of registry under subparagraph (A) or (C) may be made by radio, 
telephone, or similar oral or electronic means, and is conclusively 
proved by certification of the Secretary of State or the Secretary's 
designee.''.

SEC. 304. LNG TANKERS.

    (a) <<NOTE: 33 USC 1503 note.>> Program.--The Secretary of 
Transportation shall develop and implement a program to promote the 
transportation of liquefied natural gas to the United States on United 
States flag vessels.

    (b) Amendment to Deepwater Port Act.--Section 4 of the Deepwater 
Port Act of 1974 (33 U.S.C. 1503) is amended by adding at the end the 
following:
    ``(i) To promote the security of the United States, the Secretary 
shall give top priority to the processing of a license under this Act 
for liquefied natural gas facilities that will be supplied with 
liquefied natural gas by United States flag vessels.''.
    (c) Public Notice of LNG Vessel's Registry and Crew.--
            (1) Plan submitted with application for deepwater port 
        license.--Section 5(c)(2) of the Deepwater Port Act of 1974 (33 
        U.S.C. 1504(c)(2)) is amended--
                    (A) by redesignating subparagraphs (K) and (L) as 
                subparagraphs (L) and (M), respectively; and
                    (B) by inserting after subparagraph (J) the 
                following:
                    ``(K) the nation of registry for, and the 
                nationality or citizenship of officers and crew serving 
                on board, vessels transporting natural gas that are 
                reasonably anticipated to be servicing the deepwater 
                port;''.
            (2) <<NOTE: 33 USC 1504 note.>> Information to be 
        provided.--When the Coast Guard is operating as a contributing 
        agency in the Federal Energy Regulatory Commission's shoreside 
        licensing process for a liquefied natural gas or liquefied 
        petroleum gas terminal located on shore or within State seaward 
        boundaries, the Coast Guard shall provide to the Commission the 
        information described in section 5(c)(2)(K) of the Deepwater 
        Port Act of 1974 (33 U.S.C. 1504(c)(2)(K)) with respect to 
        vessels reasonably anticipated to be servicing that port.

[[Page 120 STAT. 528]]

    (d) Report.--Not <<NOTE: Deadline.>> later than 6 months after the 
date of enactment of this Act, the Secretary of the department in which 
the Coast Guard is operating shall submit a report on the implementation 
of this section to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives.

SEC. 305. USE OF MARITIME SAFETY AND SECURITY TEAMS.

    Section 70106(b)(8) of title 46, United States Code, is amended by 
striking ``other security missions'' and inserting ``any other missions 
of the Coast Guard''.

SEC. 306. ENHANCED CIVIL PENALTIES FOR VIOLATIONS OF PROVISIONS ENACTED 
            BY THE COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2004.

    (a) Continuing Violations.--The section enumerated 70119 of title 
46, United States Code, as redesignated and transferred by section 
802(a)(1) of the Coast Guard and Maritime Transportation Security Act of 
2004 (118 Stat. 1078), relating to civil penalty, is amended--
            (1) by inserting ``(a) In General.--'' before ``Any'';
            (2) by striking ``violation.'' and inserting ``day during 
        which the violation continues.''; and
            (3) by adding at the end the following:

    ``(b) Continuing Violations.--The maximum amount of a civil penalty 
for a violation under this section shall not exceed $50,000.''.
    (b) Application of Civil Penalty Procedures.--Section 2107 of title 
46, United States Code, is amended by striking ``this subtitle'' each 
place it appears and inserting ``this subtitle or subtitle VII''.

SEC. 307. TRAINING OF CADETS AT UNITED STATES MERCHANT MARINE ACADEMY.

    Section 1303(f) of the Merchant Marine Act, 1936 (46 App. U.S.C. 
1295b(f)) is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by striking the period at the end of paragraph (3) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(4) on any other vessel considered by the Secretary to be 
        necessary or appropriate or in the national interest.''.

SEC. 308. REPORTS FROM MORTGAGEES OF VESSELS.

    Section 12120 of title 46, United States Code, is amended by 
striking ``owners, masters, and charterers'' and inserting ``owners, 
masters, charterers, and mortgagees''.

SEC. 309. DETERMINATION OF THE SECRETARY.

    Section 70105(c) of title 46, United States Code, is amended--
            (1) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3) Denial of waiver review.--
                    ``(A) In general.--The Secretary shall establish a 
                review process before an administrative law judge for 
                individuals denied a waiver under paragraph (2).
                    ``(B) Scope of review.--In conducting a review under 
                the process established pursuant to subparagraph (A), 
                the

[[Page 120 STAT. 529]]

                administrative law judge shall be governed by the 
                standards of section 706 of title 
                5. <<NOTE: Applicability.>> The substantial evidence 
                standard in section 706(2)(E) of title 5 shall apply 
                whether or not there has been an agency hearing. The 
                judge shall review all facts on the record of the 
                agency.
                    ``(C) Classified evidence.--
                The <<NOTE: Regulations. Procedures.>> Secretary, in 
                consultation with the National Intelligence Director, 
                shall issue regulations to establish procedures by which 
                the Secretary, as part of a review conducted under this 
                paragraph, may provide to the individual adversely 
                affected by the determination an unclassified summary of 
                classified evidence upon which the denial of a waiver by 
                the Secretary was based.
                    ``(D) Review of classified evidence by 
                administrative law judge.--
                          ``(i) Review.--As part of a review conducted 
                      under this section, if the decision of the 
                      Secretary was based on classified information (as 
                      defined in section 1(a) of the Classified 
                      Information Procedures Act (18 U.S.C. App.)), such 
                      information may be submitted by the Secretary to 
                      the reviewing administrative law judge, pursuant 
                      to appropriate security procedures, and shall be 
                      reviewed by the administrative law judge ex parte 
                      and in camera.
                          ``(ii) Security clearances.--Pursuant to 
                      existing procedures and requirements, the 
                      Secretary, in coordination (as necessary) with the 
                      heads of other affected departments or agencies, 
                      shall ensure that administrative law judges 
                      reviewing negative waiver decisions of the 
                      Secretary under this paragraph possess security 
                      clearances appropriate for such review.
                          ``(iii) Unclassified summaries of classified 
                      evidence.--As part of a review conducted under 
                      this paragraph and upon the request of the 
                      individual adversely affected by the decision of 
                      the Secretary not to grant a waiver, the Secretary 
                      shall provide to the individual and reviewing 
                      administrative law judge, consistent with the 
                      procedures established under clause (i), an 
                      unclassified summary of any classified information 
                      upon which the decision of the Secretary was 
                      based.
                    ``(E) New evidence.--The Secretary shall establish a 
                process under which an individual may submit a new 
                request for a waiver, notwithstanding confirmation by 
                the administrative law judge of the Secretary's initial 
                denial of the waiver, if the request is supported by 
                substantial evidence that was not available to the 
                Secretary at the time the initial waiver request was 
                denied.''.

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

    Section 12105 of title 46, United States Code, is amended by adding 
at the end the following:
    ``(c)(1) Only a vessel for which a certificate of documentation with 
a registry endorsement is issued may engage in--
            ``(A) the setting, relocation, or recovery of the anchors or 
        other mooring equipment of a mobile offshore drilling unit that 
        is located over the outer Continental Shelf (as defined

[[Page 120 STAT. 530]]

        in section 2(a) of the Outer Continental Shelf Lands Act (43 
        U.S.C. 1331(a))); or
            ``(B) the transportation of merchandise or personnel to or 
        from a point in the United States from or to a mobile offshore 
        drilling unit located over the outer Continental Shelf that is 
        not attached to the seabed.

    ``(2) Nothing in paragraph (1) authorizes the employment in the 
coastwise trade of a vessel that does not meet the requirements of 
section 12106 of this title.''.

SEC. 311. INTERNATIONAL TONNAGE MEASUREMENT OF VESSELS ENGAGED IN THE 
            ALEUTIAN TRADE.

    (a) General Inspection Exemption.--Section 3302(c)(2) of title 46, 
United States Code, is amended to read as follows:
    ``(2) Except as provided in paragraphs (3) and (4) of this 
subsection, the following fish tender vessels are exempt from section 
3301(1), (6), (7), (11), and (12) of this title:
            ``(A) A vessel of not more than 500 gross tons as measured 
        under section 14502 of this title or an alternate tonnage 
        measured under section 14302 of this title as prescribed by the 
        Secretary under section 14104 of this title.
            ``(B) A vessel engaged in the Aleutian trade that is not 
        more than 2,500 gross tons as measured under section 14302 of 
        this title.''.

    (b) Other Inspection Exemption and Watch Requirement.--Paragraphs 
(3)(B) and (4) of section 3302(c) of title 46, United States Code, and 
section 8104(o) of that title are each amended by striking ``or an 
alternate tonnage measured under section 14302 of this title as 
prescribed by the Secretary under section 14104 of this title'' and 
inserting ``or less than 500 gross tons as measured under section 14502 
of this title, or is less than 2,500 gross tons as measured under 
section 14302 of this title''.

SEC. 312. RIDING GANGS.

    (a) In General.--Chapter 81 of title 46, United States Code, is 
amended by adding at the end the following:

``Sec. 8106. Riding gangs

    ``(a) In General.--The owner or managing operator of a freight 
vessel of the United States on voyages covered by the International 
Convention for Safety of Life at Sea, 1974 (32 UST 47m) shall--
            ``(1) ensure that--
                    ``(A) subject to subsection (d), each riding gang 
                member on the vessel--
                          ``(i) is a United States citizen or an alien 
                      lawfully admitted to the United States for 
                      permanent residence; or
                          ``(ii) possesses a United States nonimmigrant 
                      visa for individuals desiring to enter the United 
                      States temporarily for business, employment-
                      related and personal identifying information, and 
                      any other documentation required by the Secretary;
                    ``(B) all required documentation for such member is 
                kept on the vessel and available for inspection by the 
                Secretary; and
                    ``(C) each riding gang member is identified on the 
                vessel's crew list;
            ``(2) ensure that--

[[Page 120 STAT. 531]]

                    ``(A) the owner or managing operator attests in a 
                certificate that the background of each riding gang 
                member has been examined and found to be free of any 
                credible information indicating a material risk to the 
                security of the vessel, the vessel's cargo, the ports 
                the vessel visits, or other individuals onboard the 
                vessel;
                    ``(B) the background check consisted of a search of 
                all information reasonably available to the owner or 
                managing operator in the riding gang member's country of 
                citizenship and any other country in which the riding 
                gang member works, receives employment referrals, or 
                resides;
                    ``(C) the certificate required under subparagraph 
                (A) is kept on the vessel and available for inspection 
                by the Secretary; and
                    ``(D) the information derived from any such 
                background check is made available to the Secretary upon 
                request;
            ``(3) ensure that each riding gang member, while on board 
        the vessel, is subject to the same random chemical testing and 
        reporting regimes as crew members;
            ``(4) ensure that each such riding gang member receives 
        basic safety familiarization and basic safety training approved 
        by the Coast Guard as satisfying the requirements for such 
        training under the International Convention of Training, 
        Certification, and Watchkeeping for Seafarers, 1978;
            ``(5) prevent from boarding the vessel, or cause the removal 
        from the vessel at the first available port, and disqualify from 
        future service on board any other vessel owned or operated by 
        that owner or operator, any riding gang member--
                    ``(A) who has been convicted in any jurisdiction of 
                an offense described in paragraph (2) or (3) of section 
                7703;
                    ``(B) whose license, certificate of registry, or 
                merchant mariner's document has been suspended or 
                revoked under section 7704; or
                    ``(C) who otherwise constitutes a threat to the 
                safety of the vessel;
            ``(6) ensure and certify to the Secretary that the sum of--
                    ``(A) the number of riding gang members on board a 
                freight vessel, and
                    ``(B) the number of individuals in addition to crew 
                permitted under section 3304,
        does not exceed 12;
            ``(7) ensure that every riding gang member is employed on 
        board the vessel under conditions that meet or exceed the 
        minimum international standards of all applicable international 
        labor conventions to which the United States is a party, 
        including all of the merchant seamen protection and relief 
        provided under United States law; and
            ``(8) ensure that each riding gang member--
                    ``(A) is supervised by an individual who holds a 
                license issued under chapter 71; and
                    ``(B) only performs work in conjunction with 
                individuals who hold merchant mariners documents issued 
                under chapter 73 and who are part of the vessel's crew.

    ``(b) Permitted Work.--Subject to subsection (f), a riding gang 
member on board a vessel to which subsection (a) applies who is neither 
a United States citizen nor an alien lawfully admitted

[[Page 120 STAT. 532]]

to the United States for permanent residence may not perform any work on 
board the vessel other than--
            ``(1) work in preparation of a vessel entering a shipyard 
        located outside of the United States;
            ``(2) completion of the residual repairs after departing a 
        shipyard located outside of the United States; or
            ``(3) technical in-voyage repairs, in excess of any repairs 
        that can be performed by the vessel's crew, in order to advance 
        the vessel's useful life without having to actually enter a 
        shipyard.

    ``(c) Workday Limit.--
            ``(1) In general.--The maximum number of days in any 
        calendar year that the owner or operator of a vessel to which 
        subsection (a) applies may employ on board riding gang members 
        who are neither United States citizens nor aliens lawfully 
        admitted to the United States for permanent residence for work 
        on board that vessel is 60 days. If the vessel is at sea on the 
        60th day, each riding gang member shall be discharged from the 
        vessel at the next port of call reached by the vessel after the 
        date on which the 60-workday limit is reached.
            ``(2) Calculation.--For the purpose of calculating the 60-
        workday limit under this subsection, each day worked by a riding 
        gang member who is neither a United States citizen nor an alien 
        lawfully admitted to the United States for permanent residence 
        shall be counted against the limitation.

    ``(d) Exceptions for Warranty Work.--
            ``(1) In general.--Subsections (b), (c), (e), and (f) do not 
        apply to a riding gang member employed exclusively to perform, 
        and who performs only, work that is--
                    ``(A) customarily performed by original equipment 
                manufacturers' technical representatives;
                    ``(B) required by a manufacturer's warranty on 
                specific machinery and equipment; or
                    ``(C) required by a contractual guarantee or 
                warranty on actual repairs performed in a shipyard 
                located outside of the United States.
            ``(2) Citizenship requirement.--
        Subsection <<NOTE: Applicability.>> (a)(1)(A) applies only to a 
        riding gang member described in paragraph (1) who is on the 
        vessel when it calls at a United States port.

    ``(e) Recordkeeping.--In addition to the requirements of subsection 
(a), the owner or managing operator of a vessel to which subsection (a) 
applies shall ensure that all information necessary to ensure compliance 
with this section, as determined by the Secretary, is entered into the 
vessel's official logbook required by chapter 113.
    ``(f) Failure to Employ Qualified Available U.S. Citizens or 
Residents.--
            ``(1) In general.--The owner or operator of a vessel to 
        which subsection (a) applies may not employ a riding gang member 
        who is neither a United States citizen nor an alien lawfully 
        admitted to the United States for permanent residence to perform 
        work described in subsection (b) unless the owner or operator 
        determines, in accordance with procedures established by the 
        Secretary to carry out section 8103(b)(3)(C), that there is not 
        a sufficient number of United States citizens or

[[Page 120 STAT. 533]]

        individuals lawfully admitted to the United States for permanent 
        residence who are qualified and available for the work for which 
        the riding gang member is to be employed.
            ``(2) Civil penalty.--A violation of paragraph (1) is 
        punishable by a civil penalty of not more than $10,000 for each 
        day during which the violation continues.
            ``(3) Continuing violations.--The maximum amount of a civil 
        penalty for a violation under this subsection shall not exceed--
                    ``(A) $50,000 if the violation occurs in fiscal year 
                2006;
                    ``(B) $75,000 if the violation occurs in fiscal year 
                2007; and
                    ``(C) $100,000 if the violation occurs after fiscal 
                year 2007.
            ``(4) Determination of amount.--In determining the amount of 
        the penalty, the Secretary shall take into account the nature, 
        circumstances, extent, and gravity of the violation committed 
        and, with respect to the violator, the degree of culpability, 
        the history of prior offenses, the ability to pay, and such 
        other matters as justice may require.
            ``(5) Compromise, modification, and remittal.--The Secretary 
        may compromise, modify, or remit, with or without conditions, 
        any civil penalty imposed under this section.''.

    (b) Riding Gang Member Defined.--Section 2101 of such title is 
amended by inserting after paragraph (26) the following:
            ``(26a) `riding gang member' means an individual who--
                    ``(A) has not been issued a merchant mariner 
                document under chapter 73;
                    ``(B) does not perform--
                          ``(i) watchstanding, automated engine room 
                      duty watch, or personnel safety functions; or
                          ``(ii) cargo handling functions, including any 
                      activity relating to the loading or unloading of 
                      cargo, the operation of cargo-related equipment 
                      (whether or not integral to the vessel), and the 
                      handling of mooring lines on the dock when the 
                      vessel is made fast or let go;
                    ``(C) does not serve as part of the crew complement 
                required under section 8101;
                    ``(D) is not a member of the steward's department; 
                and
                    ``(E) is not a citizen or temporary or permanent 
                resident of a country designated by the United States as 
                a sponsor of terrorism or any other country that the 
                Secretary, in consultation with the Secretary of State 
                and the heads of other appropriate United States 
                agencies, determines to be a security threat to the 
                United States.''.

    (c) Conforming Amendments.--
            (1) Citizenship requirement.--Section 8103 of such title is 
        amended by adding at the end the following:

    ``(j) Riding Gang Member.--This section does not apply to an 
individual who is a riding gang member.''.
            (2) Application of chapter 103.--Section 10301(b) of such 
        title is amended by striking ``voyage.'' and inserting ``voyage 
        or to riding gang members.''.

[[Page 120 STAT. 534]]

    (d) Clerical Amendment.--The analysis for chapter 81 of such title 
is amended by adding at the end the following:

``8106. Riding gangs''.

                         TITLE IV--MISCELLANEOUS

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

    (a) In General.--The Secretary of the department in which the Coast 
Guard is operating may carry out a pilot program to establish and 
maintain a junior reserve officers training program in cooperation with 
the Camden County High School in Camden County, North Carolina.
    (b) Program Requirements.--The pilot program carried out by the 
Secretary under this section shall provide to students at Camden County 
High School--
            (1) instruction in subject areas relating to operations of 
        the Coast Guard; and
            (2) training in skills which are useful and appropriate for 
        a career in the Coast Guard.

    (c) Provision of Additional Support.--To carry out the pilot program 
under this section, the Secretary may provide to Camden County High 
School--
            (1) assistance in course development, instruction, and other 
        support activities; and
            (2) necessary and appropriate course materials, equipment, 
        and uniforms.

    (d) Employment of Retired Coast Guard Personnel.--
            (1) In general.--Subject to paragraph (2) of this 
        subsection, the Secretary may authorize the Camden County High 
        School to employ, as administrators and instructors for the 
        pilot program, retired Coast Guard and Coast Guard Reserve 
        commissioned, warrant, and petty officers not on active duty who 
        request that employment and who are approved by the Secretary 
        and Camden County High School.
            (2) Authorized pay.--
                    (A) In general.--Retired members employed under 
                paragraph (1) of this subsection are entitled to receive 
                their retired or retainer pay and an additional amount 
                of not more than the difference between--
                          (i) the amount the individual would be paid as 
                      pay and allowance if the individual was considered 
                      to have been ordered to active duty during the 
                      period of employment; and
                          (ii) the amount of retired pay the individual 
                      is entitled to receive during that period.
                    (B) Payment to school.--The Secretary shall pay to 
                Camden County High School an amount equal to one half of 
                the amount described in subparagraph (A), from funds 
                appropriated for such purpose.
                    (C) Not duty or duty training.--Notwithstanding any 
                other law, while employed under this subsection, an 
                individual is not considered to be on active-duty or 
                inactive-duty training.

[[Page 120 STAT. 535]]

SEC. 402. TRANSFER.

    Section 602 of the Coast Guard and Maritime Transportation Act of 
2004 (118 Stat. 1050) is amended--
            (1) in subsection (b)(2) by striking ``to be conveyed'' and 
        all that follows through the period and inserting ``to be 
        conveyed to CAS Foundation, Inc. (a nonprofit corporation under 
        the laws of the State of Indiana).''; and
            (2) in subsection (c)(1)(A) by inserting ``or, in the case 
        of the vessel described in subsection (b)(2) only, for 
        humanitarian purposes'' before the semicolon at the end.

SEC. 403. LORAN-C.

    There are authorized to be appropriated to the Department of 
Transportation, in addition to funds authorized for the Coast Guard for 
operation of the LORAN-C system, for capital expenses related to LORAN-C 
navigation infrastructure, $25,000,000 for fiscal year 2006 and 
$25,000,000 for fiscal year 2007. The Secretary of Transportation may 
transfer from the Federal Aviation Administration and other agencies of 
the Department funds appropriated as authorized under this section in 
order to reimburse the Coast Guard for related expenses.

SEC. 404. <<NOTE: 46 USC 70115 note.>> LONG-RANGE VESSEL TRACKING 
            SYSTEM.

    (a) Pilot Project.--The Secretary of the department in which the 
Coast Guard is operating, acting through the Commandant of the Coast 
Guard, shall conduct a 3-year pilot program for long-range tracking of 
up to 2,000 vessels using satellite systems with a nonprofit maritime 
organization that has a demonstrated capability of operating a variety 
of satellite communications systems providing data to vessel tracking 
software and hardware that provides long-range vessel information to the 
Coast Guard to aid maritime security and response to maritime 
emergencies.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary $4,000,000 for each of fiscal years 2006, 
2007, and 2008 to carry out subsection (a).

SEC. 405. <<NOTE: 14 USC 93 note.>> MARINE VESSEL AND COLD WATER SAFETY 
            EDUCATION.

    The Coast Guard shall continue cooperative agreements and 
partnerships with organizations in effect on the date of enactment of 
this Act that provide marine vessel safety training and cold water 
immersion education and outreach programs for fishermen and children.

SEC. 406. REPORTS.

    (a) Adequacy of Assets.--
            (1) Review.--The Commandant of the Coast Guard shall review 
        the adequacy of assets and facilities described in subsection 
        (b) to carry out the Coast Guard's missions, including search 
        and rescue, illegal drug and migrant interdiction, aids to 
        navigation, ports, waterways and coastal security, marine 
        environmental protection, and fisheries law enforcement.
            (2) Report.--Not later than 180 days after the date of 
        enactment of this Act, the Commandant shall submit to the 
        Committee on Commerce, Science, and Transportation of the Senate 
        and the Committee on Transportation and Infrastructure of the 
        House of Representatives a report that includes the findings of 
        the review and any recommendations to enhance

[[Page 120 STAT. 536]]

        mission capabilities in those areas referred to in paragraph 
        (1).

    (b) Areas of Review.--The report under subsection (a) shall provide 
information and recommendations on the following assets:
            (1) Coast Guard vessels and aircraft stationed in the 
        Commonwealth of Puerto Rico.
            (2) Coast Guard vessels and aircraft stationed in the State 
        of Louisiana along the Lower Mississippi River between the Port 
        of New Orleans and the Red River.
            (3) Coast Guard vessels and aircraft stationed in Coast 
        Guard Sector Delaware Bay.
            (4) Physical infrastructure at Boat Station Cape May in the 
        State of New Jersey.

    (c) Adequacy of Active-Duty Strength.--
            (1) Review.--The Commandant of the Coast Guard shall review 
        the adequacy of the strength of active-duty personnel authorized 
        under section 102(a) of this Act to carry out the Coast Guard's 
        missions, including search and rescue, illegal drug and migrant 
        interdiction, aids to navigation, ports, waterways, and coastal 
        security, marine environmental protection, and fisheries law 
        enforcement.
            (2) Report.--Not later than 180 days after the date of 
        enactment of this Act, the Commandant shall submit to the 
        Committee on Commerce, Science, and Transportation of the Senate 
        and the Committee on Transportation and Infrastructure of the 
        House of Representatives a report that includes the findings of 
        the review.

SEC. 407. CONVEYANCE OF DECOMMISSIONED COAST GUARD CUTTER MACKINAW.

    (a) In General.--Upon <<NOTE: Icebreaker Mackinaw Maritime Museum, 
Inc.>> the scheduled decommissioning of the Coast Guard Cutter MACKINAW, 
the Commandant of the Coast Guard shall convey without consideration all 
right, title, and interest of the United States in and to that vessel to 
the Icebreaker Mackinaw Maritime Museum, Inc., located in the State of 
Michigan if--
            (1) the recipient agrees--
                    (A) to use the vessel for purposes of a museum;
                    (B) not to use the vessel for commercial 
                transportation purposes;
                    (C) to make the vessel available to the United 
                States Government if needed for use by the Commandant in 
                time of war or a national emergency; and
                    (D) to hold the Government harmless for any claims 
                arising from exposure to hazardous materials, including 
                asbestos and polychlorinated biphenyls (PCBs), after 
                conveyance of the vessel, except for claims arising from 
                the use by the Government under subparagraph (C);
            (2) the recipient has funds available that will be committed 
        to operate and maintain the vessel conveyed in good working 
        condition, in the form of cash, liquid assets, or a written loan 
        commitment, and in an amount of at least $700,000; and
            (3) the recipient agrees to any other conditions the 
        Commandant considers appropriate.

    (b) Maintenance and Delivery of Vessel.--

[[Page 120 STAT. 537]]

            (1) Maintenance.--Before conveyance of the vessel under this 
        section, the Commandant shall make, to the extent practical and 
        subject to other Coast Guard mission requirements, every effort 
        to maintain the integrity of the vessel and its equipment until 
        the time of delivery.
            (2) Delivery.--If a conveyance is made under this section, 
        the Commandant shall deliver the vessel to a suitable mooring in 
        the local area, in its present condition, no sooner than June 
        15, 2006, and not later than 30 days after the date on which the 
        vessel is decommissioned.
            (3) Treatment of conveyance.--The conveyance of the vessel 
        under this section shall not be considered a distribution in 
        commerce for purposes of section 6(e) of Public Law 94-469 (15 
        U.S.C. 2605(e)).

    (c) Other Excess Equipment.--The Commandant may convey to the 
recipient any excess equipment or parts from other decommissioned Coast 
Guard vessels for use to enhance the vessel's operability and function 
for purposes of a museum.

SEC. 408. <<NOTE: 14 USC 663 note.>> DEEPWATER REPORTS.

    (a) Annual Deepwater Implementation Report.--Not later than 30 days 
after the date of enactment of this Act and in conjunction with the 
transmittal by the President of the budget of the United States for each 
fiscal year thereafter, the Secretary of the department in which the 
Coast Guard is operating shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report on the implementation of the Integrated Deepwater Systems 
Program, as revised in 2005 (in this section referred to as the 
``Deepwater program''), that includes--
            (1) a justification for how the projected number and 
        capabilities of each Deepwater program asset meets the revised 
        mission needs statement delivered as part of the Deepwater 
        program and the performance goals of the Coast Guard;
            (2) a projection of the remaining operational lifespan of 
        each legacy asset;
            (3) an identification of any changes to the Deepwater 
        program, including--
                    (A) any changes to the timeline for the acquisition 
                of each new asset and the phase out of legacy assets for 
                the life of the Deepwater program; and
                    (B) any changes to the costs for that fiscal year or 
                future fiscal years or the total costs of the Deepwater 
                program, including the costs of new and legacy assets;
            (4) a justification for how any change to the Deepwater 
        program fulfills the mission needs statement for the Deepwater 
        program and performance goals of the Coast Guard;
            (5) an identification of how funds in that fiscal year's 
        budget request will be allocated, including information on the 
        purchase of specific assets;
            (6) a detailed explanation of how the costs of the legacy 
        assets are being accounted for within the Deepwater program;
            (7) a description of how the Coast Guard is planning for the 
        integration of Deepwater program assets into the Coast Guard, 
        including needs related to shore-based infrastructure and human 
        resources; and

[[Page 120 STAT. 538]]

            (8) a description of the competitive process conducted in 
        all contracts and subcontracts exceeding $2,500,000 awarded 
        under the Deepwater program.

    (b) Deepwater Acceleration Report.--Not later than 30 days after the 
date of enactment of this Act, the Secretary shall submit to the 
Committee on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report on the acceleration of the current Deepwater 
program acquisition timeline that reflects completion of the Deepwater 
program in each of 10 years and 15 years and includes--
            (1) a detailed explanation of the number and type of each 
        asset that would be procured for each fiscal year under each 
        accelerated acquisition timeline;
            (2) the required funding for such completion under each 
        accelerated acquisition timeline;
            (3) anticipated costs associated with legacy asset 
        sustainment for the Deepwater program under each accelerated 
        acquisition timeline;
            (4) anticipated mission deficiencies, if any, associated 
        with the continued degradation of legacy assets in combination 
        with the procurement of new assets under each accelerated 
        acquisition timeline; and
            (5) an evaluation of the overall feasibility of achieving 
        each accelerated acquisition timeline, including--
                    (A) contractor capacity;
                    (B) national shipbuilding capacity;
                    (C) asset integration into Coast Guard facilities;
                    (D) required personnel; and
                    (E) training infrastructure capacity on technology 
                associated with new assets.

    (c) Oversight Report.--Not later than 90 days after the date of 
enactment of this Act, the Commandant of the Coast Guard, in 
consultation with the Government Accountability Office, shall submit to 
the Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the House of 
Representatives a report on the status of the Coast Guard's 
implementation of the Government Accountability Office's recommendations 
in its report, GAO-04-380, entitled ``Coast Guard Deepwater Program 
Needs Increased Attention to Management and Contractor Oversight'', 
including the dates by which the Coast Guard plans to complete 
implementation of such recommendations if any of such recommendations 
remain open as of the date the report is transmitted to the Committees.
    (d) Independent Analysis of Revised Deepwater Plan.--The Secretary 
may periodically, either through an internal review process or a 
contract with an outside entity, conduct an analysis of all or part of 
the Deepwater program and assess whether--
            (1) the choice of assets and capabilities selected as part 
        of that program meets the Coast Guard's goals for performance 
        and minimizing total ownership costs; or
            (2) additional or different assets should be considered as 
        part of that program.

SEC. 409. HELICOPTERS.

    (a) Study.--The Secretary of the department in which the Coast Guard 
is operating shall conduct a study that analyses the

[[Page 120 STAT. 539]]

potential impact on Coast Guard acquisitions of requiring that the Coast 
Guard acquire only helicopters, or any major component of a helicopter, 
that are constructed in the United States.
    (b) Study Elements.--The study shall include--
            (1) identification of additional costs or added benefits 
        that would result from the additional restrictions described in 
        subsection (a) on acquisitions from nondomestic sources, 
        including major components or subsystems;
            (2) industrial impact on the United States of such 
        additional restrictions on acquisitions from nondomestic 
        sources;
            (3) the contractual impact of such additional restrictions 
        on the Integrated Deepwater Systems Program and its platform 
        elements, including delivery interruptions in the program and 
        the subsequent mission impact of these delays; and
            (4) identification of reasonable executive authorities to 
        waive such additional restrictions that the Secretary considers 
        essential in order to ensure continued mission performance of 
        the United States Coast Guard.

    (c) Report.--Not later than one year after the date of enactment of 
this Act, the Secretary shall submit a report on the results of the 
study and any recommendations of the Secretary regarding such results to 
the Committee on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the House of 
Representatives.

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

    (a) Study.--Of the amounts provided under section 1012 of the Oil 
Pollution Act of 1990 (33 U.S.C. 2712), the Administrator of the 
Environmental Protection Agency shall conduct a study of public health 
and safety concerns related to the pollution of Newtown Creek, New York 
City, New York, caused by seepage of oil into Newtown Creek from 
17,000,000 gallons of underground oil spills in Greenpoint, Brooklyn, 
New York.
    (b) Report.--Not later than one year after the date of enactment of 
this Act, the Administrator shall submit a report containing the results 
of the study to the Committee on Environment and Public Works and the 
Committee on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives.

SEC. 411. REPORT ON TECHNOLOGY.

    Not later than 180 days after the date of enactment of this Act, the 
Commandant of the Coast Guard shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report that includes an assessment of--
            (1) the availability and effectiveness of software 
        information technology systems for port security and the data 
        evaluated, including data that has the ability to identify 
        shippers, inbound vessels, and their cargo for potential threats 
        to national security before it reaches United States ports, 
        specifically the software already tested or being tested at 
        Joint Harbor Operations Centers; and
            (2) the costs associated with implementing such technology 
        at all Sector Command Centers, Joint Harbor Operations Centers, 
        and strategic defense and energy dependent ports.

[[Page 120 STAT. 540]]

SEC. 412. ASSESSMENT AND PLANNING.

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

SEC. 413. HOMEPORT.

    (a) Study.--The Commandant of the Coast Guard shall conduct a study 
to assess the current homeport arrangement of the Coast Guard polar 
icebreaker HEALY to determine whether an alternative arrangement would 
enhance the Coast Guard's capabilities to carry out the recommendation 
to maintain dedicated, year-round icebreaker capability for the Arctic 
that was included in the report prepared by the National Academy of 
Sciences and entitled: ``Polar Icebreaker Roles and U.S. Future Needs: A 
Preliminary Assessment (ISBN: 0-309-10069-0)''.
    (b) Report.--Not later than one year after the date of enactment of 
this Act, the Commandant shall report the findings of the study to the 
Committee on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives.

SEC. 414. NAVIGATIONAL SAFETY OF CERTAIN FACILITIES.

    (a) Consideration of Alternatives.--In <<NOTE: Deadline.>> reviewing 
a lease, easement, or right-of-way for an offshore wind energy facility 
in Nantucket Sound under section 8(p) of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1337(p)), not later than 60 days before the date 
established by the Secretary of the Interior for publication of a draft 
environmental impact statement, the Commandant of the Coast Guard shall 
specify the reasonable terms and conditions the Commandant determines to 
be necessary to provide for navigational safety with respect to the 
proposed lease, easement, or right-of-way and each alternative to the 
proposed lease, easement, or right-of-way considered by the Secretary.

    (b) Inclusion of Necessary Terms and Conditions.--In granting a 
lease, easement, or right-of-way for an offshore wind energy facility in 
Nantucket Sound under section 8(p) of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1337(p)), the Secretary shall incorporate in the lease, 
easement, or right-of-way reasonable terms and conditions the Commandant 
determines to be necessary to provide for navigational safety.

SEC. 415. <<NOTE: Pennsylvania.>> PORT RICHMOND.

    The Secretary of the department in which the Coast Guard is 
operating, acting through the Commandant of the Coast Guard, may not 
approve a security plan under section 70103(c) of title 46, United 
States Code, for a liquefied natural gas import facility at Port 
Richmond in Philadelphia, Pennsylvania, until the Secretary conducts a 
vulnerability assessment under section 70102(b) of such title.

SEC. 416. WESTERN ALASKA COMMUNITY DEVELOPMENT QUOTA PROGRAM.

    (a) Restatement of Existing Program Incorporating Certain Provisions 
of Regulations.--Section 305(i) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1855(i)) is amended by 
striking paragraph (1) and inserting the following:

[[Page 120 STAT. 541]]

            ``(1) Western alaska community development quota program.--
                    ``(A) In general.--There is established the western 
                Alaska community development quota program in order--
                          ``(i) to provide eligible western Alaska 
                      villages with the opportunity to participate and 
                      invest in fisheries in the Bering Sea and Aleutian 
                      Islands Management Area;
                          ``(ii) to support economic development in 
                      western Alaska;
                          ``(iii) to alleviate poverty and provide 
                      economic and social benefits for residents of 
                      western Alaska; and
                          ``(iv) to achieve sustainable and diversified 
                      local economies in western Alaska.
                    ``(B) Program allocation.--
                          ``(i) In general.--Except as provided in 
                      clause (ii), the annual percentage of the total 
                      allowable catch, guideline harvest level, or other 
                      annual catch limit allocated to the program in 
                      each directed fishery of the Bering Sea and 
                      Aleutian Islands shall be the percentage approved 
                      by the Secretary, or established by Federal law, 
                      as of March 1, 2006, for the program. The 
                      percentage for each fishery shall be either a 
                      directed fishing allowance or include both 
                      directed fishing and nontarget needs based on 
                      existing practice with respect to the program as 
                      of March 1, 2006, for each fishery.
                          ``(ii) Exceptions.--Notwithstanding clause 
                      (i)--
                                    ``(I) the allocation under the 
                                program for each directed fishery of the 
                                Bering Sea and Aleutian Islands (other 
                                than a fishery for halibut, sablefish, 
                                pollock, and crab) shall be a directed 
                                fishing allocation of 10 percent upon 
                                the establishment of a quota program, 
                                fishing cooperative, sector allocation, 
                                or other rationalization program in any 
                                sector of the fishery; and
                                    ``(II) the allocation under the 
                                program in any directed fishery of the 
                                Bering Sea and Aleutian Islands (other 
                                than a fishery for halibut, sablefish, 
                                pollock, and crab) established after the 
                                date of enactment of this subclause 
                                shall be a directed fishing allocation 
                                of 10 percent.
                          ``(iii) Processing and other rights.--
                      Allocations to the program include all processing 
                      rights and any other rights and privileges 
                      associated with such allocations as of March 1, 
                      2006.
                          ``(iv) Regulation of harvest.--The harvest of 
                      allocations under the program for fisheries with 
                      individual quotas or fishing cooperatives shall be 
                      regulated by the Secretary in a manner no more 
                      restrictive than for other participants in the 
                      applicable sector, including with respect to the 
                      harvest of nontarget species.
                    ``(C) Allocations to entities.--Each entity eligible 
                to participate in the program shall be authorized under 
                the program to harvest annually the same percentage of 
                each species allocated to the program under subparagraph 
                (B) that it was authorized by the Secretary to harvest

[[Page 120 STAT. 542]]

                of such species annually as of March 1, 2006, except to 
                the extent that its allocation is adjusted under 
                subparagraph (H). Such allocation shall include all 
                processing rights and any other rights and privileges 
                associated with such allocations as of March 1, 2006.
                    ``(D) Eligible villages.--The following villages 
                shall be eligible to participate in the program through 
                the following entities:
                          ``(i) The villages of Akutan, Atka, False 
                      Pass, Nelson Lagoon, Nikolski, and Saint George 
                      through the Aleutian Pribilof Island Community 
                      Development Association.
                          ``(ii) The villages of Aleknagik, Clark's 
                      Point, Dillingham, Egegik, Ekuk, Ekwok, King 
                      Salmon/Savonoski, Levelock, Manokotak, Naknek, 
                      Pilot Point, Port Heiden, Portage Creek, South 
                      Naknek, Togiak, Twin Hills, and Ugashik through 
                      the Bristol Bay Economic Development Corporation.
                          ``(iii) The village of Saint Paul through the 
                      Central Bering Sea Fishermen's Association.
                          ``(iv) The villages of Chefornak, Chevak, Eek, 
                      Goodnews Bay, Hooper Bay, Kipnuk, Kongiganak, 
                      Kwigillingok, Mekoryuk, Napakiak, Napaskiak, 
                      Newtok, Nightmute, Oscarville, Platinum, 
                      Quinhagak, Scammon Bay, Toksook Bay, Tuntutuliak, 
                      and Tununak through the Coastal Villages Region 
                      Fund.
                          ``(v) The villages of Brevig Mission, Diomede, 
                      Elim, Gambell, Golovin, Koyuk, Nome, Saint 
                      Michael, Savoonga, Shaktoolik, Stebbins, Teller, 
                      Unalakleet, Wales, and White Mountain through the 
                      Norton Sound Economic Development Corporation.
                          ``(vi) The villages of Alakanuk, Emmonak, 
                      Grayling, Kotlik, Mountain Village, and Nunam Iqua 
                      through the Yukon Delta Fisheries Development 
                      Association.
                    ``(E) Eligibility requirements for participating 
                entities.--To be eligible to participate in the program, 
                an entity referred to in subparagraph (D) shall meet the 
                following requirements:
                          ``(i) <<NOTE: Establishment.>> Board of 
                      directors.--The entity shall be governed by a 
                      board of directors. At least 75 percent of the 
                      members of the board shall be resident fishermen 
                      from the entity's member villages. The board shall 
                      include at least one director selected by each 
                      such member village.
                          ``(ii) Panel representative.--The entity shall 
                      elect a representative to serve on the panel 
                      established by subparagraph (G).
                          ``(iii) Other investments.--The entity may 
                      make up to 20 percent of its annual investments in 
                      any combination of the following:
                                    ``(I) For projects that are not 
                                fishery-related and that are located in 
                                its region.
                                    ``(II) On a pooled or joint 
                                investment basis with one or more other 
                                entities participating in the program 
                                for projects that are not fishery-

[[Page 120 STAT. 543]]

                                related and that are located in one or 
                                more of their regions.
                                    ``(III) For matching Federal or 
                                State grants for projects or programs in 
                                its member villages without regard to 
                                any limitation on the Federal or State 
                                share, or restriction on the source of 
                                any non-Federal or non-State matching 
                                funds, of any grant program under any 
                                other provision of law.
                          ``(iv) Fishery-related investments.--The 
                      entity shall make the remainder percent of its 
                      annual investments in fisheries-related projects 
                      or for other purposes consistent with the 
                      practices of the entity prior to March 1, 2006.
                          ``(v) Annual statement of compliance.--Each 
                      year the entity, following approval by its board 
                      of directors and signed by its chief executive 
                      officer, shall submit a written statement to the 
                      Secretary and the State of Alaska that summarizes 
                      the purposes for which it made investments under 
                      clauses (iii) and (iv) during the preceding year.
                          ``(vi) Other panel requirements.--The entity 
                      shall comply with any other requirements 
                      established by the panel under subparagraph (G).
                    ``(F) Entity status, limitations, and regulation.--
                The entity--
                          ``(i) shall be subject to any excessive share 
                      ownership, harvesting, or processing limitations 
                      in the fisheries of the Bering Sea and Aleutian 
                      Islands Management Area only to the extent of the 
                      entity's proportional ownership, excluding any 
                      program allocations, and notwithstanding any other 
                      provision of law;
                          ``(ii) shall comply with State of Alaska law 
                      requiring annual reports to the entity's member 
                      villages summarizing financial operations for the 
                      previous calendar year, including general and 
                      administrative costs and compensation levels of 
                      the top 5 highest paid personnel;
                          ``(iii) shall comply with State of Alaska laws 
                      to prevent fraud that are administered by the 
                      Alaska Division of Banking and Securities, except 
                      that the entity and the State shall keep 
                      confidential from public disclosure any 
                      information if the disclosure would be harmful to 
                      the entity or its investments; and
                          ``(iv) is exempt from compliance with any 
                      State law requiring approval of financial 
                      transactions, community development plans, or 
                      amendments thereto, except as required by 
                      subparagraph (H).
                    ``(G) Administrative panel.--
                          ``(i) Establishment.--There is established a 
                      community development quota program panel.
                          ``(ii) Membership.--The panel shall consist of 
                      6 members. Each entity participating in the 
                      program shall select one member of the panel.
                          ``(iii) Functions.--The panel shall--
                                    ``(I) administer those aspects of 
                                the program not otherwise addressed in 
                                this paragraph, either through private 
                                contractual arrangement or

[[Page 120 STAT. 544]]

                                through recommendations to the North 
                                Pacific Council, the Secretary, or the 
                                State of Alaska, as the case may be; and
                                    ``(II) coordinate and facilitate 
                                activities of the entities under the 
                                program.
                          ``(iv) Unanimity required.--The panel may act 
                      only by unanimous vote of all 6 members of the 
                      panel and may not act if there is a vacancy in the 
                      membership of the panel.
                    ``(H) Decennial review and adjustment of entity 
                allocations.--
                          ``(i) In general.--During calendar year 2012 
                      and every 10 years thereafter, the State of Alaska 
                      shall evaluate the performance of each entity 
                      participating in the program based on the criteria 
                      described in clause (ii).
                          ``(ii) Criteria.--The panel shall establish a 
                      system to be applied under this subparagraph that 
                      allows each entity participating in the program to 
                      assign relative values to the following criteria 
                      to reflect the particular needs of its villages:
                                    ``(I) Changes during the preceding 
                                10-year period in population, poverty 
                                level, and economic development in the 
                                entity's member villages.
                                    ``(II) The overall financial 
                                performance of the entity, including 
                                fishery and nonfishery investments by 
                                the entity.
                                    ``(III) Employment, scholarships, 
                                and training supported by the entity.
                                    ``(IV) Achieving of the goals of the 
                                entity's community development plan.
                          ``(iii) Adjustment of allocations.--After the 
                      evaluation required by clause (i), the State of 
                      Alaska shall make a determination, on the record 
                      and after an opportunity for a hearing, with 
                      respect to the performance of each entity 
                      participating in the program for the criteria 
                      described in clause (ii). If the State determines 
                      that the entity has maintained or improved its 
                      overall performance with respect to the criteria, 
                      the allocation to such entity under the program 
                      shall be extended by the State for the next 10-
                      year period. If the State determines that the 
                      entity has not maintained or improved its overall 
                      performance with respect to the criteria--
                                    ``(I) at least 90 percent of the 
                                entity's allocation for each species 
                                under subparagraph (C) shall be extended 
                                by the State for the next 10-year 
                                period; and
                                    ``(II) the State may determine, or 
                                the Secretary may determine (if State 
                                law prevents the State from making the 
                                determination), and implement an 
                                appropriate reduction of up to 10 
                                percent of the entity's allocation for 
                                each species under subparagraph (C) for 
                                all or part of such 10-year period.
                          ``(iv) Reallocation of reduced amount.--If the 
                      State or the Secretary reduces an entity's 
                      allocation

[[Page 120 STAT. 545]]

                      under clause (iii), the reduction shall be 
                      reallocated among other entities participating in 
                      the program whose allocations are not reduced 
                      during the same period in proportion to each such 
                      entity's allocation of the applicable species 
                      under subparagraph (C).
                    ``(I) Secretarial approval not required.--
                Notwithstanding any other provision of law or regulation 
                thereunder, the approval by the Secretary of a community 
                development plan, or an amendment thereof, under the 
                program is not required.
                    ``(J) Community development plan defined.--In this 
                paragraph, the term `community development plan' means a 
                plan, prepared by an entity referred to in subparagraph 
                (D), for the program that describes how the entity 
                intends--
                          ``(i) to harvest its share of fishery 
                      resources allocated to the program, or
                          ``(ii) to use its share of fishery resources 
                      allocated to the program, and any revenue derived 
                      from such use, to assist its member villages with 
                      projects to advance economic development,
                but does not include a plan that allocates fishery 
                resources to the program.''.

    (b) <<NOTE: 16 USC 1855 note.>> No Interruption of Existing 
Allocations.--The amendment made by subsection (a) shall not be 
construed or implemented in a way that causes any interruption in the 
allocations of fishery resources to the western Alaska community 
development quota program or in the opportunity of an entity 
participating in that program to harvest its share of such allocations.

    (c) Loan Subsidies.--The last proviso under the heading ``National 
Oceanic and Atmospheric Administration--operations, research, and 
facilities'' in the Science, State, Justice, Commerce, and Related 
Agencies Appropriations Act, 2006 (Public Law 109-108; 119 Stat. 2311-
2312) is amended--
            (1) by striking ``for the cost of loans'' and inserting ``to 
        subsidize gross obligations for the principal amount of direct 
        loans, not to exceed a total of $200,000,000,''; and
            (2) by striking ``use'' and inserting ``the purchase of all 
        or part of ownership interests in fishing or processing vessels, 
        shoreside fish processing facilities, permits, quota, and 
        cooperative rights''.

SEC. 417. QUOTA SHARE ALLOCATION.

    (a) In General.-- The Secretary of Commerce shall modify the 
Voluntary Three-Pie Cooperative Program for crab fisheries of the Bering 
Sea and Aleutian Islands being implemented under section 313(j) of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1862(j)) to require that Blue Dutch, LLC, receives processor quota 
shares units equal to 0.75 percent of the total number of processor 
quota share units for each of the following fisheries: the Bristol Bay 
red king crab fishery and the Bering Sea C. opilio crab fishery.
    (b) Applicability.--The modification made under subsection (a) shall 
apply with respect to each fishery referred to in subsection (a) 
whenever the total allowable catch for that fishery is more than 2 
percent higher than the most recent total allowable catch in effect for 
that fishery prior to September 15, 2005.

[[Page 120 STAT. 546]]

    (c) Savings Provision.--Nothing in this section affects the 
authority of the North Pacific Fishery Management Council to submit, and 
the Secretary of Commerce to implement, changes to or repeal of 
conservation and management measures under section 313(j)(3)) of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1862(j)(3)).
    (d) Regulations.--Not <<NOTE: Deadline.>> later than 60 days after 
the date of enactment of this Act, the Secretary of Commerce shall issue 
regulations to implement this section.

SEC. 418. MAINE FISH TENDER VESSELS.

    The prohibition under section 27 of the Merchant Marine Act, 1920 
(46 App. U.S.C. 883) against transportation of fish or shellfish between 
places in the State of Maine by a vessel constructed in Canada shall not 
apply to a vessel of less than 5 net tons if--
            (1) the vessel was engaged in the transportation of fish or 
        shellfish between places in the State of Maine before January 1, 
        2005;
            (2) before January 1, 2005, the owner of the vessel 
        transported fish or shellfish pursuant to a valid wholesale 
        seafood license issued under section 6851 of title 12 of the 
        Maine Revised Statutes;
            (3) the vessel is owned by a person that meets the 
        citizenship requirements of section 2 of the Shipping Act, 1916 
        (46 U.S.C. App. 802); and
            (4) <<NOTE: Deadline.>> not later than 180 days after the 
        date of enactment of this Act, the owner of the vessel submits 
        to the Secretary of the department in which the Coast Guard is 
        operating an affidavit certifying that the vessel and owner meet 
        the requirements of this section.

SEC. 419. <<NOTE: Deadlines. Grants.>> AUTOMATIC IDENTIFICATION SYSTEM.

    (a) Prevention of Harmful Interference.--Not later than 60 days 
after the date of enactment of this Act, the Secretary of the department 
in which the Coast Guard is operating, acting through the Commandant of 
the Coast Guard, may transfer $1,000,000 to the National 
Telecommunications and Information Administration of the Department of 
Commerce for the purposes of awarding, not later than 120 days after 
such date of enactment, a competitive grant to design and develop a 
prototype device that integrates a Class B Automatic Identification 
System transponder (International Electrotechnical Commission standard 
62287) with a wireless maritime data device approved by the Federal 
Communications Commission with channel throughput greater than 19.2 
kilobits per second to enable such wireless maritime data device to 
provide wireless maritime data services, concurrent with the operation 
of the transponder, on frequency channels adjacent to the frequency 
channels on which the transponder operates, while minimizing or 
eliminating the harmful interference between the transponder and such 
wireless maritime data device. The design of the device developed under 
this subsection shall be available for public use.

    (b) Implementation of AIS.--It is the sense of the Senate, not later 
than 60 days after the date of enactment of this Act, that the Federal 
Communications Commission should resolve the disposition of its 
rulemaking on the Automatic Information System and licensee use of 
frequency bands 157.1875-157.4375 MHz and 161.7875-162.0375 MHz (RM-
10821, WT Docket Number 04-344).

[[Page 120 STAT. 547]]

The implementation of this section shall not delay the implementation of 
an Automatic Identification System as required by section 70114 of title 
46, United States Code, and international convention.

SEC. 420. VOYAGE DATA RECORDER STUDY AND REPORT.

    (a) Study.--The Secretary of the department in which the Coast Guard 
is operating shall study--
            (1) the carriage of a voyage data recorder by a passenger 
        vessel described in section 2101(22)(D) of title 46, United 
        States Code, carrying more than 399 passengers; and
            (2) standards for voyage data recorders, methods for 
        approval of models of voyage data recorders, and procedures for 
        annual performance testing of voyage data recorders.

    (b) Consultation.--In conducting the study, the Secretary shall 
consult, at a minimum, with manufacturers of voyage data recorders and 
operators of potentially affected passenger vessels.
    (c) Report.--Not later than one year after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
report on the study's findings, including a proposal for legislation if 
such a proposal is considered appropriate by the Secretary.

SEC. 421. DISTANT WATER TUNA FLEET.

    (a) Manning Requirements.--Notwithstanding section 8103(a) of title 
46, United States Code, United States purse seine fishing vessels 
fishing exclusively for highly migratory species in the treaty area 
under a fishing license issued pursuant to the 1987 Treaty on Fisheries 
Between the Governments of Certain Pacific Islands States and the 
Government of the United States of America, or transiting to or from the 
treaty area exclusively for such purpose, may engage foreign citizens to 
meet the manning requirement (except for the master) in the 48-month 
period beginning on the date of enactment of this Act if, after timely 
notice of a vacancy to meet the manning requirement, no United States 
citizen personnel are readily available to fill such vacancy.
    (b) Licensing Restrictions.--
            (1) In general.--Subsection (a)(1) only applies to a foreign 
        citizen that holds a valid license or certificate issued--
                    (A) in accordance with the standards established by 
                the 1995 amendments to the Convention on Standards of 
                Training, Certification and Watchkeeping for Seafarers, 
                1978 (STCW 95); and
                    (B) by an authority that the Secretary of the 
                department in which the Coast Guard is operating 
                recognizes as imposing competency and training standards 
                equivalent to or exceeding those required for a United 
                States license issued under chapter 71 of title 46, 
                United States Code.
            (2) Treatment of equivalent license.--An equivalent license 
        or certificate as recognized by the Secretary under paragraph 
        (1) shall be considered as meeting the requirements of section 
        8304 of title 46, United States Code, but only while a person 
        holding the license or certificate is in the service of a vessel 
        to which this section applies.

    (c) Limitation.--Subsection (a) applies only to vessels operating in 
and out of American Samoa.

[[Page 120 STAT. 548]]

    (d) Expiration.--This section expires 48 months after the date of 
enactment of this Act.
    (e) Reports.--On March 1, 2007, and annually thereafter until the 
date of expiration of this section, the Coast Guard and the National 
Marine Fisheries Service shall submit a report to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committees 
on Transportation and Infrastructure and Resources of the House of 
Representatives, providing the following information on the United 
States purse seine fleet referred to in subsection (a):
            (1) The number and identity of vessels in the fleet using 
        foreign citizens to meet manning requirements pursuant to this 
        section and any marine casualties involving such vessel.
            (2) The number of vessels in the fishery under United States 
        flag as of January 1 of the year in which the report is 
        submitted, the percentage ownership or control of such vessels 
        by non-United States citizens, and the nationality of such 
        ownership or control.
            (3) Description of any transfers or sales of United States 
        flag vessels in the previous calendar year, and the disposition 
        of such vessel, including whether the vessel was scrapped or 
        sold, and, if sold, the nationality of the new owner and 
        location of any fishery to which the vessel will be transferred.
            (4) Landings of tuna by vessels under flag in the 2 previous 
        calendar years, including an assessment of landing trends, and a 
        description of landing percentages and totals--
                    (A) delivered to American Samoa and any other port 
                in a State or territory of the United States; and
                    (B) delivered to ports outside of a State or 
                territory of the United States, including the identity 
                of the port.
            (5) An evaluation of capacity and trends in the purse seine 
        fleet fishing in the area covered by the South Pacific Regional 
        Fisheries Treaty, and any transfer of capacity from such fleet 
        or area to other fisheries, including those governed under the 
        Western and Central Pacific Fisheries Convention and the Inter-
        American Tropical Tuna Convention.

                          TITLE V--LIGHTHOUSES

SEC. 501. TRANSFER.

    (a) <<NOTE: Alaska.>> Jurisdictional Transfers.--Administrative 
jurisdiction over the National Forest System lands in the State of 
Alaska described in subsection (b) and improvements situated on such 
lands is transferred without consideration from the Secretary of 
Agriculture to the Secretary of the department in which the Coast Guard 
is operating.

    (b) Areas Referred To.--The areas of lands referred to in subsection 
(a) are the following:
            (1) Guard island light station.--The area described in the 
        Guard Island Lighthouse reserve dated January 4, 1901, 
        comprising approximately 8.0 acres of National Forest uplands.
            (2) Eldred rock light station.--The area described in the 
        December 30, 1975, listing of the Eldred Rock Light Station on 
        the National Register of Historic Places, comprising 
        approximately 2.4 acres.

[[Page 120 STAT. 549]]

            (3) Mary island light station.--The area described as the 
        remaining National Forest System uplands in the Mary Island 
        Lighthouse Reserve dated January 4, 1901, as amended by Public 
        Land Order 6964, dated April 5, 1993, comprising approximately 
        1.07 acres.
            (4) Cape hinchinbrook light station.--The area described in 
        the survey dated November 1, 1957, prepared for the Coast Guard 
        for the Cape Hinchinbrook Light Station comprising approximately 
        57.4 acres.

    (c) Maps.--The Commandant of the Coast Guard, in consultation with 
the Secretary of Agriculture, shall prepare and maintain maps of the 
lands transferred by subsection (a), and such maps shall be on file and 
available for public inspection in the Coast Guard District 17 office in 
Juneau, Alaska.
    (d) Effect of Transfer.--The lands transferred to the Secretary of 
the department in which the Coast Guard is operating by subsection (a)--
            (1) shall be administered by the Commandant of the Coast 
        Guard;
            (2) shall be considered to be transferred from, and no 
        longer part of, the National Forest System; and
            (3) shall be considered not suitable for return to the 
        public domain for disposition under the general public land 
        laws.

    (e) Transfer of Land.--
            (1) Requirement.--Subject to paragraph (2), the 
        Administrator of General Services, upon request by the Secretary 
        of Agriculture, shall transfer without consideration to the 
        Secretary of Agriculture any land identified in subsection (b), 
        together with the improvements thereon, for administration under 
        the laws pertaining to the National Forest System if--
                    (A) <<NOTE: Deadline.>> the Secretary of the 
                Interior cannot identify and select an eligible entity 
                for such land and improvements in accordance with 
                section 308(b)(2) of the National Historic Preservation 
                Act (16 U.S.C. 470w-7(b)(2)) not later than 3 years 
                after the date the Secretary of the department in which 
                the Coast Guard is operating determines that the land is 
                excess property, as that term is defined in section 
                102(3) of title 40, United States Code; or
                    (B) the land reverts to the United States pursuant 
                to section 308(c)(3) of the National Historic 
                Preservation Act (16 U.S.C. 470w-7(c)(3)).
            (2) Reservations for aids to navigation.--Any action taken 
        under this subsection by the Administrator of General Services 
        shall be subject to any rights that may be reserved by the 
        Commandant of the Coast Guard for the operation and maintenance 
        of Federal aids to navigation.

    (f) Notification; Disposal of Lands by the Administrator.--The 
Administrator of General Services shall promptly notify the Secretary of 
Agriculture upon the occurrence of any of the events described in 
subparagraphs (A) and (B) of subsection (e)(1). <<NOTE: Deadline.>> If 
the Secretary of Agriculture does not request a transfer as provided for 
in subsection (e) not later than 90 days after the date of receiving 
such notification from the Administrator, the Administrator may dispose 
of the property in accordance with section 309 of the National Historic 
Preservation Act (16 U.S.C. 470w-8) or other applicable surplus real 
property disposal authority.

[[Page 120 STAT. 550]]

    (g) Priority.--In selecting an eligible entity to which to convey 
under section 308(b) of the National Historic Preservation Act (16 
U.S.C. 470w-7(b)) land referred to in subsection (b), the Secretary of 
the Interior shall give priority to an eligible entity (as defined in 
section 308(e) of that Act) that is the local government of the 
community in which the land is located.

SEC. 502. MISTY FIORDS NATIONAL MONUMENT AND WILDERNESS.

    (a) Requirement to Transfer.--Notwithstanding section 308(b) of the 
National Historic Preservation Act (16 U.S.C. 470w-7(b)), if the 
Secretary of the department in which the Coast Guard is operating 
determines that the Tree Point Light Station is no longer needed for the 
purposes of the Coast Guard, the Secretary shall transfer without 
consideration to the Secretary of Agriculture all administrative 
jurisdiction over the Tree Point Light Station.
    (b) Effectuation of Transfer.--The transfer pursuant to this section 
shall be effectuated by a letter from the Secretary of the department in 
which the Coast Guard is operating to the Secretary of Agriculture and, 
except as provided in subsection (g), without any further requirements 
for administrative or environmental analyses or examination. The 
transfer shall not be considered a conveyance to an eligible entity 
pursuant to section 308(b) of the National Historic Preservation Act (16 
U.S.C. 470w-7(b)).
    (c) Reservation for Aids to Navigation.--As part of the transfer 
pursuant to this section, the Commandant of the Coast Guard may reserve 
rights to operate and maintain Federal aids to navigation at the site of 
the light station.
    (d) Easements and Special Use Authorizations.--Notwithstanding any 
other provision of law, including the Wilderness Act (16 U.S.C. 1131 et 
seq.) and section 703 of the Alaska National Interests Lands 
Conservation Act (16 U.S.C. 1132 note; 94 Stat. 2418), with respect to 
the light station transferred pursuant to this section, the Secretary of 
Agriculture--
            (1) may identify an entity to be granted an easement or 
        other special use authorization and, in identifying the entity, 
        may consult with the Secretary of the Interior concerning the 
        application of policies for eligible entities developed pursuant 
        to subsection 308(b)(1) of the National Historic Preservation 
        Act (16 U.S.C. 470w-7(b)(1)); and
            (2) may grant an easement or other special use authorization 
        to the entity, for no consideration, to approximately 31 acres 
        as described in the map entitled ``Tree Point Light Station'', 
        dated September 24, 2004, on terms and conditions that provide 
        for--
                    (A) maintenance and preservation of the structures 
                and improvements;
                    (B) the protection of wilderness and national 
                monument resources;
                    (C) public safety; and
                    (D) such other terms and conditions considered 
                appropriate by the Secretary of Agriculture.

    (e) Actions Following Termination or Revocation.--The Secretary of 
Agriculture may take such actions as are authorized under section 110(b) 
of the National Historic Preservation Act (16 U.S.C. 470h-2(b)) with 
respect to Tree Point Light Station if--
            (1) <<NOTE: Deadline.>> no entity is identified under 
        subsection (d) within 3 years after the date on which 
        administrative jurisdiction is

[[Page 120 STAT. 551]]

        transferred to the Secretary of Agriculture pursuant to this 
        section; or
            (2) any easement or other special use authorization granted 
        under subsection (d) is terminated or revoked.

    (f) Revocation of Withdrawals and Reservations.--Effective on the 
date of transfer of administrative jurisdiction pursuant to this 
section, the following public land withdrawals or reservations for light 
station and lighthouse purposes on lands in Alaska are revoked as to the 
lands transferred:
            (1) The unnumbered Executive Order dated January 4, 1901, as 
        it affects the Tree Point Light Station site only.
            (2) Executive Order No. 4410 dated April 1, 1926, as it 
        affects the Tree Point Light Station site only.

    (g) Remediation Responsibilities not Affected.--Nothing in this 
section shall affect any responsibilities of the Commandant of the Coast 
Guard for the remediation of hazardous substances and petroleum 
contamination at the Tree Point Light Station consistent with existing 
law and regulations. The Commandant and the Secretary shall execute an 
agreement to provide for the remediation of the land and structures at 
the Tree Point Light Station.

SEC. 503. MISCELLANEOUS LIGHT STATIONS.

    (a) Cape St. Elias Light Station.--For purposes of section 416(a)(2) 
of the Coast Guard Authorization Act of 1998 (112 Stat. 3435), the Cape 
St. Elias Light Station shall comprise approximately 10 acres in fee, 
along with additional access easements issued without consideration by 
the Secretary of Agriculture, as generally described in the map entitled 
``Cape St. Elias Light Station'', dated September 14, 2004. The 
Secretary of the department in which the Coast Guard is operating shall 
keep such map on file and available for public inspection.
    (b) Point Wilson Lighthouse.--Section 325(c)(3) of the Coast Guard 
Authorization Act of 1993 (107 Stat. 2432) is amended--
            (1) by striking ``and'' at the end of subparagraph (B);
            (2) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (3) by inserting after subparagraph (B) the following:
                    ``(C) all housing units and related structures 
                associated with the lighthouse; and''.

SEC. 504. <<NOTE: 16 USC 668dd note.>> INCLUSION OF LIGHTHOUSE IN ST. 
            MARKS NATIONAL WILDLIFE REFUGE, FLORIDA.

    (a) Revocation of Executive Order Dated November 12, 1838.--Any 
reservation of public land described in subsection (b) for lighthouse 
purposes by the Executive Order dated November 12, 1838, as amended by 
Public Land Order 5655, dated January 9, 1979, is revoked.
    (b) Description of Land.--The public land referred to in subsection 
(a) consists of approximately 8.0 acres within the external boundaries 
of St. Marks National Wildlife Refuge in Wakulla County, Florida, that 
is east of the Tallahassee Meridian, Florida, in Township 5 South, Range 
1 East, Section 1 (fractional) and containing all that remaining portion 
of the unsurveyed fractional section, more particularly described as 
follows: A parcel of land, including submerged areas, beginning at a 
point which marks the center of the light structure, thence due North 
(magnetic) a distance of 350 feet to the point of beginning a strip of 
land 500 feet in width, the axial centerline of which runs from the 
point of

[[Page 120 STAT. 552]]

beginning due South (magnetic) a distance of 700 feet, more or less, to 
the shoreline of Apalachee Bay, comprising 8.0 acres, more or less, as 
shown on the plat dated January 2, 1902, by Office of L. H. Engineers, 
7th and 8th District, Mobile, Alabama.
    (c) Transfer of Administrative Jurisdiction.--
            (1) In general.--Subject to subsection (f) and paragraph 
        (2), administrative jurisdiction over the public land described 
        in subsection (b), and over all improvements located thereon, is 
        transferred without reimbursement from the department in which 
        the Coast Guard is operating to the Secretary of the Interior.
            (2) Response and restoration.--The transfer under paragraph 
        (1) may not be made to the Secretary of the Interior until the 
        Coast Guard has completed any response and restoration action 
        necessary under subsection (d)(1).

    (d) Responsibility for Environmental Response Actions.--The Coast 
Guard shall have sole responsibility in the Federal Government to fund 
and conduct any response or restoration action required under any 
applicable Federal or State law or implementing regulation to address--
            (1) a release or threatened release on or originating from 
        public land described in subsection (b) of any hazardous 
        substance, pollutant, contaminant, petroleum, or petroleum 
        product or derivative that is located on such land on the date 
        of enactment of this Act; or
            (2) any other release or threatened release on or 
        originating from public land described in subsection (b) of any 
        hazardous substance, pollutant, contaminant, petroleum, or 
        petroleum product or derivative, that results from any Coast 
        Guard activity occurring after the date of enactment of this 
        Act.

    (e) Inclusion in Refuge.--
            (1) Inclusion.--The public land described in subsection (b) 
        shall be part of St. Marks National Wildlife Refuge.
            (2) Administration.--Subject to this subsection, the 
        Secretary of the Interior shall administer the public land 
        described in subsection (b)--
                    (A) through the Director of the United States Fish 
                and Wildlife Service; and
                    (B) in accordance with the National Wildlife Refuge 
                System Administration Act of 1966 (16 U.S.C. 668dd et 
                seq.) and such other laws as apply to Federal real 
                property under the sole jurisdiction of the United 
                States Fish and Wildlife Service.

    (f) Maintenance of Navigation Functions.--The transfer by subsection 
(c), and the administration of the public land described in subsection 
(b), shall be subject to such conditions and restrictions as the 
Secretary of the department in which the Coast Guard is operating 
considers necessary to ensure that--
            (1) the Federal aids to navigation located at St. Marks 
        National Wildlife Refuge continue to be operated and maintained 
        by the Coast Guard for as long as they are needed for 
        navigational purposes;
            (2) the Coast Guard may remove, replace, or install any 
        Federal aid to navigation at the St. Marks National Wildlife 
        Refuge as may be necessary for navigational purposes;
            (3) the United States Fish and Wildlife Service will not 
        interfere or allow interference in any manner with any Federal

[[Page 120 STAT. 553]]

        aid to navigation, and will not hinder activities required for 
        the operation and maintenance of any Federal aid to navigation, 
        without express written approval by the Secretary of the 
        department in which the Coast Guard is operating; and
            (4) the Coast Guard may enter, at any time, the St. Marks 
        National Wildlife Refuge, without notice, for purposes of 
        operating, maintaining, and inspecting any Federal aid to 
        navigation and ensuring compliance with this subsection, to the 
        extent that it is not possible to provide advance notice.

  TITLE <<NOTE: Delaware River Protection Act of 2006.>> VI--DELAWARE 
RIVER PROTECTION AND MISCELLANEOUS OIL PROVISIONS

SEC. 601. <<NOTE: 33 USC 2701 note.>> SHORT TITLE.

    This title may be cited as the ``Delaware River Protection Act of 
2006''.

SEC. 602. REQUIREMENT TO NOTIFY COAST GUARD OF RELEASE OF OBJECTS INTO 
            THE NAVIGABLE WATERS OF THE UNITED STATES.

    The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) is 
amended by adding at the end the following:

``SEC. 15. <<NOTE: 33 USC 1232b.>> REQUIREMENT TO NOTIFY COAST GUARD OF 
            RELEASE OF OBJECTS INTO THE NAVIGABLE WATERS OF THE UNITED 
            STATES.

    ``(a) Requirement.--As soon as a person has knowledge of any release 
from a vessel or facility into the navigable waters of the United States 
of any object that creates an obstruction prohibited under section 10 of 
the Act of March 3, 1899, popularly known as the Rivers and Harbors 
Appropriations Act of 1899 (33 U.S.C. 403), such person shall notify the 
Secretary and the Secretary of the Army of such release.
    ``(b) Restriction on Use of Notification.--Any notification provided 
by an individual in accordance with subsection (a) may not be used 
against such individual in any criminal case, except a prosecution for 
perjury or for giving a false statement.''.

SEC. 603. LIMITS ON LIABILITY.

    (a) Adjustment of Liability Limits.--
            (1) Tank vessels.--Section 1004(a)(1) of the Oil Pollution 
        Act of 1990 (33 U.S.C. 2704(a)(1)) is amended by striking 
        subparagraphs (A) and (B) and inserting the following:
                    ``(A) with respect to a single-hull vessel, 
                including a single-hull vessel fitted with double sides 
                only or a double bottom only, $3,000 per gross ton;
                    ``(B) with respect to a vessel other than a vessel 
                referred to in subparagraph (A), $1,900 per gross ton; 
                or
                    ``(C)(i) with respect to a vessel greater than 3,000 
                gross tons that is--
                          ``(I) a vessel described in subparagraph (A), 
                      $22,000,000; or
                          ``(II) a vessel described in subparagraph (B), 
                      $16,000,000; or

[[Page 120 STAT. 554]]

                    ``(ii) with respect to a vessel of 3,000 gross tons 
                or less that is--
                          ``(I) a vessel described in subparagraph (A), 
                      $6,000,000; or
                          ``(II) a vessel described in subparagraph (B), 
                      $4,000,000;''.
            (2) Other vessels.--Section 1004(a)(2) of such <<NOTE: 33 
        USC 2704.>> Act (33 U.S.C. 2794(a)(2)) is amended--
                    (A) by striking ``$600 per gross ton'' and inserting 
                ``$950 per gross ton''; and
                    (B) by striking ``$500,000'' and inserting 
                ``$800,000,''.
            (3) <<NOTE: 33 USC 2704 note.>> Limitation on application.--
        In the case of an incident occurring before the 90th day 
        following the date of enactment of this Act, section 1004(a)(1) 
        of the Oil Pollution Act of 1990 (33 U.S.C. 2704(a)(1)) shall 
        apply as in effect immediately before the effective date of this 
        subsection.

    (b) Adjustment to Reflect Consumer Price Index.--Section 1004(d)(4) 
of the Oil Pollution Act of 1990 (33 U.S.C. 2704(d)(4)) is amended to 
read as follows:
            ``(4) Adjustment to reflect consumer price index.--
        The <<NOTE: President. Regulations. Deadline.>> President, by 
        regulations issued not later than 3 years after the date of 
        enactment of the Delaware River Protection Act of 2006 and not 
        less than every 3 years thereafter, shall adjust the limits on 
        liability specified in subsection (a) to reflect significant 
        increases in the Consumer Price Index.''.

    (c) <<NOTE: 33 USC 2704 note.>> Report.--
            (1) Initial report.--Not later than 45 days after the date 
        of enactment of this Act, the Secretary of the department in 
        which the Coast Guard is operating shall submit a report on 
        liability limits described in paragraph (2) to the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives.
            (2) Contents.--The report shall include, at a minimum, the 
        following:
                    (A) An analysis of the extent to which oil 
                discharges from vessels and nonvessel sources have or 
                are likely to result in removal costs and damages (as 
                defined in section 1001 of the Oil Pollution Act of 1990 
                (33 U.S.C. 2701)) for which no defense to liability 
                exists under section 1003 of such Act and that exceed 
                the liability limits established in section 1004 of such 
                Act, as amended by this section.
                    (B) An analysis of the impacts that claims against 
                the Oil Spill Liability Trust Fund for amounts exceeding 
                such liability limits will have on the Fund.
                    (C) Based on analyses under this paragraph and 
                taking into account other factors impacting the Fund, 
                recommendations on whether the liability limits need to 
                be adjusted in order to prevent the principal of the 
                Fund from declining to levels that are likely to be 
                insufficient to cover expected claims.
            (3) Annual updates.--The Secretary shall provide an update 
        of the report to the Committees referred to in paragraph (1) on 
        an annual basis.

[[Page 120 STAT. 555]]

SEC. 604. <<NOTE: Deadline.>> REQUIREMENT TO UPDATE PHILADELPHIA AREA 
            CONTINGENCY PLAN.

    Not later than one year after the date of enactment of this Act and 
not less than annually thereafter, the Philadelphia Area Committee 
established under section 311(j)(4) of the Federal Water Pollution 
Control Act (33 U.S.C. 1321(j)(4)) shall review and revise the 
Philadelphia Area Contingency Plan to include available data and 
biological information on environmentally sensitive areas of the 
Delaware River and Delaware Bay that has been collected by Federal and 
State surveys.

SEC. 605. SUBMERGED OIL REMOVAL.

    (a) Amendments.--Title VII of the Oil Pollution Act of 1990 is 
amended--
            (1) in section 7001(c)(4)(B) (33 U.S.C. 2761(c)(4)(B)) by 
        striking ``RIVERA,'' and inserting ``RIVERA and the T/V ATHOS 
        I,''; and
            (2) by adding at the end the following:

``SEC. 7002. <<NOTE: 33 USC 2762.>> SUBMERGED OIL PROGRAM.

    ``(a) Program.--
            ``(1) Establishment.--The Under Secretary of Commerce for 
        Oceans and Atmosphere, in conjunction with the Commandant of the 
        Coast Guard, shall establish a program to detect, monitor, and 
        evaluate the environmental effects of submerged oil in the 
        Delaware River and Bay region. The program shall include the 
        following elements:
                    ``(A) The development of methods to remove, 
                disperse, or otherwise diminish the persistence of 
                submerged oil.
                    ``(B) The development of improved models and 
                capacities for predicting the environmental fate, 
                transport, and effects of submerged oil.
                    ``(C) The development of techniques to detect and 
                monitor submerged oil.
            ``(2) Report.--Not later than 3 years after the date of 
        enactment of the Delaware River Protection Act of 2006, the 
        Secretary of Commerce shall submit to the Committee on Commerce, 
        Science, and Transportation of the Senate and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report on the activities carried out under 
        this subsection and activities proposed to be carried out under 
        this subsection.

    ``(b) Demonstration Project.--
            ``(1) Removal of submerged oil.--The Commandant of the Coast 
        Guard, in conjunction with the Under Secretary of Commerce for 
        Oceans and Atmosphere, shall conduct a demonstration project for 
        the purpose of developing and demonstrating technologies and 
        management practices to remove submerged oil from the Delaware 
        River and other navigable waters.
            ``(2) Funding.--There is authorized to be appropriated to 
        the Commandant of the Coast Guard $2,000,000 for each of fiscal 
        years 2006 through 2010 to carry out this subsection.''.

    (b) Clerical Amendment.--The table of sections in section 2 of such 
Act is amended by inserting after the item relating to section 7001 the 
following:

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

[[Page 120 STAT. 556]]

SEC. 606. ASSESSMENT OF OIL SPILL COSTS.

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

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

    (a) Establishment.--There is established the Delaware River and Bay 
Oil Spill Advisory Committee (in this section referred to as the 
``Committee'').
    (b) Membership.--
            (1) In general.--The Committee shall consist of 27 members 
        who are appointed by the Commandant of the Coast Guard and who 
        have particular expertise, knowledge, and experience regarding 
        the transportation, equipment, and techniques that are used to 
        ship cargo and to navigate vessels in the Delaware River and 
        Delaware Bay, as follows:
                    (A) Three members who are employed by port 
                authorities that oversee operations on the Delaware 
                River or have been selected to represent these port 
                authorities, of whom--
                          (i) one member shall be an employee or 
                      representative of the Port of Wilmington;
                          (ii) one member shall be an employee or 
                      representative of the South Jersey Port 
                      Corporation; and
                          (iii) one member shall be an employee or 
                      representative of the Philadelphia Regional Port 
                      Authority.
                    (B) Two members who represent organizations that 
                operate tugs or barges that utilize the port facilities 
                on the Delaware River and Delaware Bay.
                    (C) Two members who represent shipping companies 
                that transport cargo by vessel from ports on the 
                Delaware River and Delaware Bay, of whom at least one 
                may not be a representative of a shipping company that 
                transports oil or petroleum products.
                    (D) Two members who represent operators of oil 
                refineries adjacent to the Delaware River and Delaware 
                Bay.
                    (E) Two members who represent State-licensed pilots 
                who work on the Delaware River and Delaware Bay.
                    (F) One member who represents labor organizations 
                whose members load and unload cargo at ports on the 
                Delaware River and Delaware Bay.
                    (G) One member who represents local commercial 
                fishing interests or an aquaculture organization the 
                members of which organization depend on fisheries and

[[Page 120 STAT. 557]]

                resources in the waters of Delaware River or Delaware 
                Bay.
                    (H) Three members who represent environmental 
                organizations active with respect to the Delaware River 
                and Delaware Bay, including a watershed advocacy group 
                and a wildlife conservation advocacy group.
                    (I) One member who represents an organization 
                affiliated with recreational fishing interests in the 
                vicinity of Delaware River and Delaware Bay.
                    (J) Two members who are scientists or researchers 
                associated with an academic institution and who have 
                professional credentials in fields of research relevant 
                to oil spill safety, oil spill response, or wildlife and 
                ecological recovery.
                    (K) Two members who are municipal or county 
                officials from Delaware.
                    (L) Two members who are municipal or county 
                officials from New Jersey.
                    (M) Two members who are municipal or county 
                officials from Pennsylvania.
                    (N) One member who represents an oil spill response 
                organization located on the lower Delaware River and 
                Delaware Bay.
                    (O) One member who represents the general public.
            (2) Ex officio members.--The Committee may also consist of 
        an appropriate number (as determined by the Commandant of the 
        Coast Guard) of nonvoting members who represent Federal agencies 
        and agencies of the States of New Jersey, Pennsylvania, and 
        Delaware with an interest in oil spill prevention in the 
        Delaware River and Delaware Bay.

    (c) Responsibilities.--
            (1) In general.--The Committee shall provide advice and 
        recommendations on measures to improve the prevention of and 
        response to future oil spills in the Delaware River and Delaware 
        Bay to the Commandant, the Governors of the States of New 
        Jersey, Pennsylvania, and Delaware, the Committee on Commerce, 
        Science, and Transportation of the Senate, and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives.
            (2) Report.--Not later than 18 months after the date that 
        the Commandant completes appointment of the members of the 
        Committee, the Committee shall provide a report to the entities 
        referred to in paragraph (1) with the recommendations of the 
        Committee, including a ranking of priorities, for measures to 
        improve prevention and response to oil spills described in 
        paragraph (1).

    (d) Meetings.--The Committee--
            (1) <<NOTE: Deadline.>> shall hold its first meeting not 
        later than 60 days after the date on which the Commandant 
        completes the appointment of members of the Committee; and
            (2) shall meet thereafter at the call of the Chairman.

    (e) Appointment of Members.--The <<NOTE: Federal Register, 
publication.>> Commandant shall appoint the members of the Committee 
after soliciting nominations by notice published in the Federal 
Register.

    (f) Chairman and Vice Chairman.--The Committee shall elect, by 
majority vote at its first meeting, one of the members of the Committee 
as the Chairman and one of the members as the Vice

[[Page 120 STAT. 558]]

Chairman. The Vice Chairman shall act as Chairman in the absence of or 
incapacity of the Chairman or in the event of vacancy in the office of 
the Chairman.
    (g) Pay and Expenses.--
            (1) Prohibition on pay.--Members of the Committee who are 
        not officers or employees of the United States shall serve 
        without pay. Members of the Committee who are officers or 
        employees of the United States shall receive no additional pay 
        on account of their service on the Committee.
            (2) Expenses.--While away from their homes or regular places 
        of business, members of the Committee may be allowed travel 
        expenses, including per diem, in lieu of subsistence, as 
        authorized by section 5703 of title 5, United States Code.

    (h) Funding.--There is authorized to be appropriated $1,000,000 for 
each of fiscal years 2006 through 2007 to carry out this section.
    (i) Termination.--The Committee shall terminate 18 months after the 
date on which the Commandant completes the appointment of members of the 
Committee.

SEC. 608. NONTANK VESSELS.

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

                      TITLE VII--HURRICANE RESPONSE

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

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

[[Page 120 STAT. 559]]

                    (A) the qualified property is unsalable (as 
                determined by the Secretary); and
                    (B) the proceeds, if any, of insurance for such 
                damage are less than an amount equal to the greater of--
                          (i) the fair market value of the qualified 
                      property on August 28, 2005 (as determined by the 
                      Secretary); or
                          (ii) the outstanding mortgage, if any, on the 
                      qualified property on that date.

    (c) Reimbursement Amount.--The amount of the reimbursement that an 
eligible person may be paid under this section with respect to a 
qualified property shall be determined as follows:
            (1) In the case of qualified property that is a dwelling 
        (including a condominium unit but excluding a manufactured 
        home), the amount shall be--
                    (A) the amount equal to the greater of--
                          (i) 85 percent of the fair market value of the 
                      dwelling on August 28, 2005 (as determined by the 
                      Secretary); or
                          (ii) the outstanding mortgage, if any, on the 
                      dwelling on that date; minus
                    (B) the proceeds, if any, of insurance referred to 
                in subsection (b)(3)(B).
            (2) In the case of qualified property that is a manufactured 
        home, the amount shall be--
                    (A) if the owner also owns the real property 
                underlying such home, the amount determined under 
                paragraph (1); or
                    (B) if the owner leases such underlying property--
                          (i) the amount determined under paragraph (1); 
                      plus
                          (ii) the amount of rent payable under the 
                      lease of such property for the period beginning on 
                      August 28, 2005, and ending on the date of the 
                      reimbursement under this section.

    (d) Transfer and Disposal of Property.--
            (1) In general.--A person receiving reimbursement under this 
        section shall transfer to the Administrator of General Services 
        all right, title, and interest of the owner in and to the 
        qualified property for which the owner receives such 
        reimbursement. The Administrator shall hold, manage, and dispose 
        of such right, title, and interest in the same manner that the 
        Secretary of Defense holds, manages, and disposes of real 
        property under section 1013 of the Demonstration Cities and 
        Metropolitan Development Act of 1966 (42 U.S.C. 3374).
            (2) Treatment of proceeds.--Any amounts received by the 
        United States as proceeds of management or disposal of property 
        by the Administrator of General Services under this subsection 
        shall be deposited in the general fund of the Treasury as 
        offsetting receipts of the department in which the Coast Guard 
        is operating and ascribed to Coast Guard activities.

    (e) Qualified Property.--Property is qualified property for the 
purposes of this section if as of August 28, 2005, the property was a 
one- or two-family dwelling, manufactured home, or condominium unit in 
the State of Louisiana, Mississippi, Alabama, or

[[Page 120 STAT. 560]]

Texas that was owned and occupied, as a principal residence, by a person 
who is eligible for reimbursement under this section.
    (f) Subject to Appropriations.--The authority to pay reimbursement 
under this section is subject to the availability of appropriations.

SEC. 702. TEMPORARY AUTHORIZATION TO EXTEND THE DURATION OF LICENSES, 
            CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS' DOCUMENTS.

    (a) Licenses and Certificates of Registry.--Notwithstanding section 
7106 and 7107 of title 46, United States Code, the Secretary of the 
department in which the Coast Guard is operating may temporarily extend 
the duration of a license or certificate of registry issued for an 
individual under chapter 71 of that title for up to one year if--
            (1) the records of the individual are located at the Coast 
        Guard facility in New Orleans that was damaged by Hurricane 
        Katrina;
            (2) the individual is a resident of Alabama, Mississippi, or 
        Louisiana; or
            (3) the records of an individual were damaged or lost as a 
        result of Hurricane Katrina.

    (b) Merchant Mariners' Documents.--Notwithstanding section 7302(g) 
of title 46, United States Code, the Secretary of the department in 
which the Coast Guard is operating may temporarily extend the duration 
of a merchant mariners' document issued for an individual under chapter 
73 of that title for up to one year, if--
            (1) the records of the individual are located at the Coast 
        Guard facility in New Orleans that was damaged by Hurricane 
        Katrina;
            (2) the individual is a resident of Alabama, Mississippi, or 
        Louisiana; or
            (3) the records of an individual were damaged or lost as a 
        result of Hurricane Katrina.

    (c) Manner of Extension.--Any extensions granted under this section 
may be granted to individual seamen or a specifically identified group 
of seamen.
    (d) Expiration of Authority.--The authorities provided under this 
section expire on April 1, 2007.

SEC. 703. TEMPORARY AUTHORIZATION TO EXTEND THE DURATION OF VESSEL 
            CERTIFICATES OF INSPECTION.

    (a) Authority to Extend.--Notwithstanding section 3307 and 3711(b) 
of title 46, United States Code, the Secretary of the department in 
which the Coast Guard is operating may temporarily extend the duration 
or the validity of a certificate of inspection or a certificate of 
compliance issued under chapter 33 or 37, respectively, of that title 
for up to 6 months for a vessel inspected by a Coast Guard Marine Safety 
Office located in Alabama, Mississippi, or Louisiana.
    (b) Expiration of Authority.--The authority provided under this 
section expires on April 1, 2007.

SEC. 704. PRESERVATION OF LEAVE LOST DUE TO HURRICANE KATRINA 
            OPERATIONS.

    (a) Preservation of Leave.--Notwithstanding section 701(b) of title 
10, United States Code, any member of the Coast Guard

[[Page 120 STAT. 561]]

who served on active duty for a continuous period of 30 days, who was 
assigned to duty or otherwise detailed in support of units or operations 
in the Eighth Coast Guard District area of responsibility for activities 
to mitigate the consequences of, or assist in the recovery from, 
Hurricane Katrina during the period beginning on August 28, 2005, and 
ending on January 1, 2006, and who would have otherwise lost any 
accumulated leave in excess of 60 days as a consequence of such 
assignment, is authorized to retain an accumulated total of up to 120 
days of leave.
    (b) Excess Leave.--Leave in excess of 60 days accumulated under 
subsection (a) shall be lost unless used by the member before the 
commencement of the second fiscal year following the fiscal year in 
which the assignment commences, or in the case of a Reserve member, the 
year in which the period of active service is completed.

SEC. 705. REPORTS ON IMPACT TO COAST GUARD.

    (a) Reports Required.--
            (1) Interim report.--Not later than 90 days after the date 
        of enactment of this Act, the Secretary of the department in 
        which the Coast Guard is operating shall submit to the Committee 
        on Commerce, Science, and Transportation of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives an interim report on the impact of Hurricane 
        Katrina and the response of the Coast Guard to such impact.
            (2) Final report.--Not later than 180 days after the date of 
        the submittal of the report under paragraph (1), the Secretary 
        shall submit to the committees referred to in paragraph (1) a 
        final report on the impact of Hurricane Katrina and the response 
        of the Coast Guard to such impact.

    (b) Elements.--Each report required by subsection (a) shall include 
the following:
            (1) A discussion and assessment of the impact of Hurricane 
        Katrina on the facilities, aircraft, vessels, and other assets 
        of the Coast Guard, including an assessment of such impact on 
        pending or proposed replacements or upgrades of facilities, 
        aircraft, vessels, or other assets of the Coast Guard.
            (2) A discussion and assessment of the impact of Hurricane 
        Katrina on Coast Guard operations and strategic goals.
            (3) A statement of the number of emergency drills held by 
        the Coast Guard during the 5-year period ending on the date of 
        the report with respect to natural disasters and with respect to 
        security incidents.
            (4) A description and assessment of--
                    (A) the lines of communication and reporting, during 
                the response to Hurricane Katrina, within the Coast 
                Guard and between the Coast Guard and other departments 
                and agencies of the Federal Government and State and 
                local governments; and
                    (B) the interoperability of such communications 
                during the response to Hurricane Katrina.
            (5) A discussion and assessment of the financial impact on 
        Coast Guard operations during fiscal years 2005 and 2006 of 
        unbudgeted increases in prices of fuel.

SEC. 706. REPORTS ON IMPACTS ON NAVIGABLE WATERWAYS.

    (a) Reports Required.--

[[Page 120 STAT. 562]]

            (1) Interim report.--Not later than 90 days after the date 
        of enactment of this Act, the Secretary of the department in 
        which the Coast Guard is operating, in consultation with the 
        Secretary of Commerce, shall submit to the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives a report on the impacts of Hurricane Katrina on 
        navigable waterways and the response of the Coast Guard to such 
        impacts.
            (2) Final report.--Not later than 180 days after the date of 
        the submittal of the report required by paragraph (1), the 
        Secretary, in consultation with the Secretary of Commerce, shall 
        submit to the committees referred to in paragraph (1) a report 
        on the impacts of Hurricane Katrina on navigable waterways with 
        respect to missions within the jurisdiction of the Coast Guard 
        and the response of the Coast Guard to such impacts.

    (b) Elements.--Each report required by subsection (a) shall include 
the following:
            (1) A discussion and assessment of the impacts, and 
        associated costs, of Hurricane Katrina on--
                    (A) the navigable waterways of the United States;
                    (B) facilities located in or on such waterways;
                    (C) aids to navigation to maintain the safety of 
                such waterways; and
                    (D) any other equipment located in or on such 
                waterways related to a mission of the Coast Guard.
            (2) An estimate of the costs to the Coast Guard of restoring 
        the resources described in paragraph (1) and an assessment of 
        the vulnerability of such resources to natural disasters in the 
        future.
            (3) A discussion and assessment of the environmental impacts 
        in areas within the Coast Guard's jurisdiction of Hurricane 
        Katrina, with a particular emphasis on any releases of oil or 
        hazardous chemicals into the navigable waterways of the United 
        States.
            (4) A discussion and assessment of the response of the Coast 
        Guard to the impacts described in paragraph (3), including an 
        assessment of environmental vulnerabilities in natural disasters 
        in the future and an estimate of the costs of addressing such 
        vulnerabilities.

    (c) Navigable Waterways of the United States.--In this section, the 
term ``navigable waterways of the United States'' includes waters of the 
United States as described in Presidential Proclamation No. 5928 of 
December 27, 1988.

              TITLE VIII--OCEAN COMMISSION RECOMMENDATIONS

SEC. 801. <<NOTE: 14 USC 92 note.>> IMPLEMENTATION OF INTERNATIONAL 
            AGREEMENTS.

    In consultation with appropriate Federal agencies, the Secretary of 
the department in which the Coast Guard is operating shall work with the 
responsible officials and agencies of other nations to accelerate 
efforts at the International Maritime Organization to enhance oversight 
and enforcement of security, environmental, and other agreements adopted 
within the International

[[Page 120 STAT. 563]]

Maritime Organization by flag States on whom such agreements are 
binding, including implementation of--
            (1) a code outlining flag State responsibilities and 
        obligations;
            (2) an audit regime for evaluating flag State performance;
            (3) measures to ensure that responsible organizations, 
        acting on behalf of flag States, meet established performance 
        standards; and
            (4) cooperative arrangements to improve enforcement on a 
        bilateral, regional, or international basis.

SEC. 802. <<NOTE: 14 USC 92 note.>> VOLUNTARY MEASURES FOR REDUCING 
            POLLUTION FROM RECREATIONAL BOATS.

    In consultation with appropriate Federal, State, and local 
government agencies, the Secretary of the department in which the Coast 
Guard is operating shall undertake outreach programs for educating the 
owners and operators of boats using two-stroke engines about the 
pollution associated with such engines and support voluntary programs 
that reduce such pollution and encourage the early replacement of older 
two-stroke engines.

SEC. 803. <<NOTE: 16 USC 1861 note.>> INTEGRATION OF VESSEL MONITORING 
            SYSTEM DATA.

    The Secretary of the department in which the Coast Guard is 
operating shall integrate vessel monitoring system data into its 
maritime operations databases for the purpose of improving monitoring 
and enforcement of Federal fisheries laws and work with the Under 
Secretary of Commerce for Oceans and Atmosphere to ensure effective use 
of such data for monitoring and enforcement.

SEC. 804. <<NOTE: 16 USC 1828.>> FOREIGN FISHING INCURSIONS.

    (a) In General.--Not <<NOTE: Deadline. Reports.>> later than 180 
days after the date of enactment of this Act, the Secretary of the 
department in which the Coast Guard is operating shall provide to the 
Committee on Commerce, Science, and Transportation of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report on steps that the Coast Guard will take to 
significantly improve the Coast Guard's detection and interdiction of 
illegal incursions into the United States exclusive economic zone by 
foreign fishing vessels.

    (b) Specific Issues to Be Addressed.--The report shall--
            (1) focus on areas in the exclusive economic zone where the 
        Coast Guard has failed to detect or interdict such incursions in 
        the 4-fiscal-year period beginning with fiscal year 2000, 
        including such areas in the Western/Central Pacific and the 
        Bering Sea; and
            (2) include an evaluation of the potential use of unmanned 
        aircraft and offshore platforms for detecting or interdicting 
        such incursions.

    (c) Biennial Updates.--The Secretary shall provide biannual reports 
updating the Coast Guard's progress in detecting or interdicting such 
incursions to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Transportation and Infrastructure of the 
House of Representatives.

[[Page 120 STAT. 564]]

                     TITLE IX--TECHNICAL CORRECTIONS

SEC. 901. MISCELLANEOUS TECHNICAL CORRECTIONS.

    (a) Requirements for Cooperative Agreements for Voluntary 
Services.--Section 93(a)(19) of title 14, United States Code, is amended 
by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), 
respectively.
    (b) Correction of Amendment to Chapter <<NOTE: Effective 
date.>> Analysis.--Effective August 9, 2004, section 212(b) of the Coast 
Guard and Maritime Transportation Act of 2004 (118 Stat. 1037) is 
amended by inserting ``of title 14'' after ``chapter 17''.

    (c) Recommendations to Congress by Commandant of the Coast Guard.--
Section 93(a) of title 14, United States Code, is amended by 
redesignating paragraph (y) as paragraph (24).
    (d) Correction of Reference to Ports and Waterways Safety Act.--
Effective <<NOTE: Effective date. 33 USC 1223 and note.>> August 9, 
2004, section 302 of the Coast Guard and Maritime Transportation Act of 
2004 (118 Stat. 1041) is amended by striking ``of 1972''.

    (e) Technical Correction of Penalty.--Section 4311(b) of title 46, 
United States Code, is amended by striking ``4307(a)of'' and inserting 
``4307(a) of''.
    (f) Determining Adequacy of Potable Water.--Section 3305(a) of title 
46, United States Code, is amended by moving paragraph (2) two ems to 
the left, so that the material preceding subparagraph (A) of such 
paragraph aligns with the left-hand margin of paragraph (1) of such 
section.
    (g) Renewal of Advisory Group.--Effective <<NOTE: Effective date. 46 
USC 4508 and note.>> August 9, 2004, section 418(a) of the Coast Guard 
and Maritime Transportation Act of 2004 (118 Stat. 1049) is amended by 
striking ``of September 30, 2005'' and inserting ``on September 30, 
2005''.

    (h) Technical Corrections Relating to References to National Driver 
Register.--
            (1) Amendment instruction.--Effective <<NOTE: Effective 
        date. 46 USC 7302 and note.>> August 9, 2004, section 609(1) of 
        the Coast Guard and Maritime Transportation Act of 2004 (118 
        Stat. 1058) is amended in the matter preceding subparagraph (A) 
        by striking ``7302'' and inserting ``7302(c)''.
            (2) Omitted word.--Section 7302(c) of title 46, United 
        States Code, is amended--
                    (A) by inserting ``section'' before ``30305(b)(5)''; 
                and
                    (B) by inserting ``section'' before 
                ``30304(a)(3)(A)''.
            (3) Extraneous u.s.c. reference.--Section 7703(3) of title 
        46, United States Code, is amended by striking ``(23 U.S.C. 401 
        note)''.

    (i) Vessel Response Plans for Nontank Vessels.--
            (1) Correction of vessel references.--Section 311 of the 
        Federal Water Pollution Control Act (33 U.S.C. 1321) is amended 
        by striking ``non-tank'' each place it appears and inserting 
        ``nontank''.
            (2) Punctuation error.--Effective <<NOTE: Effective date. 33 
        USC 1321 and note.>> August 9, 2004, section 701(b)(9) of the 
        Coast Guard and Maritime Transportation Act of 2004 (118 Stat. 
        1068) is amended by inserting closing quotation marks after 
        ``each tank vessel''.

    (j) Punctuation Error.--Section 5006(c) of the Oil Pollution Act of 
1990 (33 U.S.C. 2736(c)) is amended by inserting a comma after ``October 
1, 2012''.
    (k) Correction to Subtitle Designation.--

[[Page 120 STAT. 565]]

            (1) Redesignation.--Title 46, United States Code, is amended 
        by redesignating subtitle VI <<NOTE: 46 USC 70101.>> as subtitle 
        VII.
            (2) Clerical amendment.--The table of subtitles at the 
        beginning of title 46, United States Code, is amended by 
        striking the item relating to subtitle VI and inserting the 
        following:

``VII. MISCELLANEOUS............................................70101''.

    (l) Corrections to Chapter 701 of Title 46, United States Code.--
Chapter 701 of title 46, United States Code, <<NOTE: 46 USC 701013et 
seq.>> is amended as follows:
            (1) Sections 70118 and 70119, as added by section 801 of the 
        Coast Guard and Maritime Transportation Act of 2004 (118 Stat. 
        1078), relating to firearms, arrests, and seizure of property 
        and to enforcement by State and local officers, are redesignated 
        as sections 70117 and 70118, respectively, and moved to appear 
        immediately after section 70116 of title 46, United States Code.
            (2) Sections 70117 and 70118, as added by section 802 of 
        such Act (118 Stat. 1078), relating to in rem liability for 
        civil penalties and to certain costs and withholding of 
        clearance, are redesignated as sections 70120 and 70121, 
        respectively, and moved to appear immediately after section 
        70119 of title 46, United States Code.
            (3) In section 70120(a), as redesignated by paragraph (2) of 
        this section, by striking ``section 70120'' and inserting 
        ``section 70119''.
            (4) In section 70121(a), as redesignated by paragraph (2) of 
        this section, by striking ``section 70120'' and inserting 
        ``section 70119''.
            (5) In the analysis at the beginning of the chapter by 
        striking the items relating to sections 70117 through the second 
        70119 and inserting the following:

``70117. Firearms, arrests, and seizure of property.
``70118. Enforcement by State and local officers.
``70119. Civil penalty.
``70120. In rem liability for civil penalties and certain costs.
``70121. Withholding of clearance.''.

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

    (p) Drug Interdiction Report.--
            (1) In general.--Section 103 of the Coast Guard 
        Authorization Act of 1996 (14 U.S.C. 89 note; 110 Stat. 3905) is 
        amended to read as follows:

[[Page 120 STAT. 566]]

``SEC. 103. ANNUAL REPORT ON DRUG INTERDICTION.

    ``Not later than 30 days after the end of each fiscal year, the 
Secretary of the department in which the Coast Guard is operating shall 
submit to the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Transportation and Infrastructure of the 
House of Representatives a report on all expenditures related to drug 
interdiction activities of the Coast Guard on an annual basis.''.
            (2) Clerical amendment.--The table of contents in section 2 
        of such Act is amended by striking the item relating to section 
        103 and inserting the following:

``Sec. 103. Annual reports on drug interdiction.''.

    (q) Acts of Terrorism Report.--Section 905 of the Omnibus Diplomatic 
Security and Antiterrorism Act of 1986 (46 U.S.C. App. 1802; 100 Stat. 
890) is amended by striking ``Not later than February 28, 1987, and 
annually thereafter, the Secretary of Transportation shall report'' and 
inserting ``The Secretary of the department in which the Coast Guard is 
operating shall report annually''.
    (r) Corrections to Dingell-Johnson Sport Fish Restoration Act.--
            (1) Section 4.--Section 4(c) of the Dingell-Johnson Sport 
        Fish Restoration Act (16 U.S.C. 777c(c)) is amended by striking 
        ``, for each of fiscal years 2006 through 2009,''.
            (2) Section 14.--Section 14(a)(1) of the Dingell-Johnson 
        Sport Fish Restoration Act (16 U.S.C. 777m(a)(1)) is amended by 
        striking ``For each of the fiscal years 2006 through 2009, not 
        more than'' and inserting ``Not more than''.

SEC. 902. CORRECTION OF REFERENCES TO SECRETARY OF TRANSPORTATION AND 
            DEPARTMENT OF TRANSPORTATION; RELATED MATTERS.

    (a) Government Organization.--Title 5, United States Code, is 
amended--
            (1) in section 101 by inserting ``The Department of Homeland 
        Security.'' after and immediately below ``The Department of 
        Veterans Affairs.'';
            (2) in section 2902(b) by inserting ``the Secretary of 
        Homeland Security,'' after ``Secretary of the Interior,''; and
            (3) in sections 5520a(k)(3), 5595(h)(5), 6308(b), and 
        9001(10) by striking ``of Transportation'' each place it appears 
        and inserting ``of Homeland Security''.

    (b) Financial Management.--Title 31, United States Code, is 
amended--
            (1) in section 3321(c)(3) by striking ``of Transportation'' 
        and inserting ``of Homeland Security.'';
            (2) in section 3325(b) by striking ``of Transportation'' and 
        inserting ``of Homeland Security'';
            (3) in section 3527(b)(1) by striking ``of Transportation'' 
        each place it appears and inserting ``of Homeland Security''; 
        and
            (4) in section 3711(f)(2) by striking ``of Transportation'' 
        and inserting ``of Homeland Security''.

    (c) Public Contracts.--Section 3732 of the Revised Statutes (41 
U.S.C. 11) is amended by striking ``of Transportation'' each place it 
appears and inserting ``of Homeland Security''.

[[Page 120 STAT. 567]]

    (d) Public Printing and Documents.--Sections 1308 and 1309 of title 
44, United States Code, are amended by striking ``Secretary of the 
Department of Transportation'' each place it appears and inserting 
``Secretary of the department in which the Coast Guard is operating''.
    (e) Shipping.--Title 46, United State Code, is amended--
            (1) in section 2109 by striking ``a Coast Guard or'';
            (2) in section 6308--
                    (A) by redesignating subsections (b) and (c) as 
                subsections (c) and (d), respectively; and
                    (B) by striking subsection (a) and inserting the 
                following:

    ``(a) Notwithstanding any other provision of law, no part of a 
report of a marine casualty investigation conducted under section 6301 
of this title, including findings of fact, opinions, recommendations, 
deliberations, or conclusions, shall be admissible as evidence or 
subject to discovery in any civil or administrative proceedings, other 
than an administrative proceeding initiated by the United States.
    ``(b) Any member or employee of the Coast Guard investigating a 
marine casualty pursuant to section 6301 of this title shall not be 
subject to deposition or other discovery, or otherwise testify in such 
proceedings relevant to a marine casualty investigation, without the 
permission of the Secretary. The Secretary shall not withhold permission 
for such employee or member to testify, either orally or upon written 
questions, on solely factual matters at a time and place and in a manner 
acceptable to the Secretary if the information is not available 
elsewhere or is not obtainable by other means.'';
            (3) in subsection (c), as redesignated by this section, by 
        striking ``subsection (a)'' and inserting ``subsections (a) and 
        (b)''; and
            (4) in subsection (d), as redesignated by this section, by 
        striking ``subsections (a) and (b)'' and inserting ``subsections 
        (a), (b), and (c)''.

    (f) Mortgage Insurance.--Section 222 of the National Housing Act of 
1934 (12 U.S.C. 1715m) is amended by striking ``of Transportation'' each 
place it appears and inserting ``of Homeland Security''.
    (g) Arctic Research.--Section 107(b)(2) of the Arctic Research and 
Policy Act of 1984 (15 U.S.C. 4106(b)(2)) is amended--
            (1) by redesignating subparagraphs (I) through (K) as 
        subparagraphs (J) through (L), respectively; and
            (2) by inserting after subparagraph (H) the following:
                    ``(I) the Department of Homeland Security;''.

    (h) Conservation.--
            (1) Section 1029.--Section 1029(e)(2)(B) of the Bisti/De-Na-
        Zin Wilderness Expansion and Fossil Protection Act of 1996 (16 
        U.S.C. 460kkk(e)(2)(B)) is amended by striking ``Secretary of 
        Transportation, to represent the United States Coast Guard.'' 
        and inserting ``Commandant of the Coast Guard''.
            (2) Section 312.--Section 312(c) of the Antarctic Marine 
        Living Resources Convention Act of 1984 (16 U.S.C. 2441(c)) is 
        amended by striking ``of Transportation'' and inserting ``of 
        Homeland Security''.

    (i) Internal Revenue Code of 1986.--Section 3122 of the Internal 
Revenue Code of 1986 (26 U.S.C. 3122) is amended by striking ``Secretary 
of Transportation'' each place it appears and

[[Page 120 STAT. 568]]

inserting ``Secretary of the Department in which the Coast Guard is 
operating''.
    (j) Anchorage Grounds.--Section 7 of the Rivers and Harbors 
Appropriations Act of 1915 (33 U.S.C. 471) is amended by striking ``of 
Transportation'' in each place it appears and inserting ``of Homeland 
Security''.
    (k) Bridges.--Section 4 of the General Bridge Act of 1906 (33 U.S.C. 
491) <<NOTE: 33 USC 494.>> is amended by striking ``of Transportation'' 
and inserting ``of Homeland Security''.

    (l) Oil Pollution.--The Oil Pollution Act of 1990 (33 U.S.C. 2701 et 
seq.) is amended--
            (1) in section 5001(c)(1)(B) (33 U.S.C. 2731(c)(1)(B)) by 
        striking ``Commerce, the Interior, and Transportation,'' and 
        inserting ``Commerce and the Interior and the Commandant of the 
        Coast Guard,'';
            (2) in section 5002(m)(4) (33 U.S.C. 2732(m)(4)) by striking 
        ``of Transportation.'' and inserting ``of the department in 
        which the Coast Guard is operating.'';
            (3) in section 7001(a) (33 U.S.C. 2761(a)) by striking 
        paragraph (3) and all that follows through the end of the 
        subsection and inserting the following:
            ``(3) Membership.--The Interagency Committee shall include 
        representatives from the Coast Guard, the Department of Commerce 
        (including the National Oceanic and Atmospheric Administration 
        and the National Institute of Standards and Technology), the 
        Department of Energy, the Department of the Interior (including 
        the Minerals Management Service and the United States Fish and 
        Wildlife Service), the Department of Transportation (including 
        the Maritime Administration and the Pipeline and Hazardous 
        Materials Safety Administration), the Department of Defense 
        (including the Army Corps of Engineers and the Navy), the 
        Department of Homeland Security (including the United States 
        Fire Administration in the Federal Emergency Management Agency), 
        the Environmental Protection Agency, the National Aeronautics 
        and Space Administration, and such other Federal agencies the 
        President may designate.
            ``(4) Chairman.--A representative of the Coast Guard shall 
        serve as Chairman.''; and
            (4) in section 7001(c)(6) (33 U.S.C. 2761(c)(6)) by striking 
        ``other such agencies in the Department of Transportation as the 
        Secretary of Transportation may designate,'' and inserting 
        ``such agencies as the President may designate,''.

    (m) Medical Care.--Section 1(g)(4)(B) of Public Law 87-693 (42 
U.S.C. 2651(g)(4)(B)) is amended by striking ``of Transportation,'' and 
inserting ``of Homeland Security,''.
    (n) Social Security Act.--Section 205(p)(3) of the Social Security 
Act (42 U.S.C. 405(p)(3)) is amended by striking ``of Transportation'' 
each place it appears and inserting ``of Homeland Security''.

[[Page 120 STAT. 569]]

    (o) <<NOTE: Certification.>> Merchant Marine Act, 1920.--Section 27 
of the Merchant Marine Act, 1920 (46 U.S.C. App. 883) is amended in the 
matter following the ninth proviso (pertaining to transportation of a 
foreign-flag incineration vessel) by striking ``Satisfactory inspection 
shall be certified in writing by the Secretary of Transportation'' and 
inserting ``Satisfactory inspection shall be certified, in writing, by 
the Secretary of Homeland Security.''.

    Approved July 11, 2006.

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

HOUSE REPORTS: Nos. 109-204, Pt. 1 (Comm. on Transportation and 
Infrastructure) and 109-413 (Comm. of Conference).
SENATE REPORTS: No. 109-114 accompanying S. 1280 (Comm. on Commerce, 
Science, and Transportation).
CONGRESSIONAL RECORD:
                                                        Vol. 151 (2005):
                                    Sep. 15, considered and passed 
                                        House.
                                    Oct. 27, considered and passed 
                                        Senate, amended.
                                                        Vol. 152 (2006):
                                    June 26, House considered conference 
                                        report.
                                    June 27, House and Senate agreed to 
                                        conference report. Senate 
                                        vitiated agreement on conference 
                                        report.
                                    June 28, Senate agreed to conference 
                                        report, pursuant to the order of 
                                        June 22.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
            July 11, Presidential statement.

                                  <all>
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