H. R. 889—26
‘‘(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 alloca-
tion of 10 percent upon the establishment of a 
quota program, fishing cooperative, sector alloca-
tion, 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 alloca-
tions as of March 1, 2006. 
‘‘(iv) REGULATION
OF
HARVEST.—The harvest of 
allocations under the program for fisheries with indi-
vidual 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
H. R. 889—27
of such species annually as of March 1, 2006, except to 
the extent that its allocation is adjusted under subpara-
graph (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 fol-
lowing entities: 
‘‘(i) The villages of Akutan, Atka, False Pass, Nel-
son 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 Eco-
nomic Development Corporation. 
‘‘(iii) The village of Saint Paul through the Central 
Bering Sea Fishermen’s Association. 
‘‘(iv) The villages of Chefornak, Chevak, Eek, 
Goodnews Bay, Hooper Bay, Kipnuk, Kongiganak, 
Kwigillingok, 
Mekoryuk, 
Napakiak, 
Napaskiak, 
Newtok, Nightmute, Oscarville, Platinum, Quinhagak, 
Scammon 
Bay, 
Toksook 
Bay, 
Tuntutuliak, 
and 
Tununak through the Coastal Villages Region Fund. 
‘‘(v) The villages of Brevig Mission, Diomede, Elim, 
Gambell, Golovin, Koyuk, Nome, Saint Michael, 
Savoonga, Shaktoolik, Stebbins, Teller, Unalakleet, 
Wales, and White Mountain through the Norton Sound 
Economic Development Corporation. 
‘‘(vi) 
The 
villages 
of 
Alakanuk, 
Emmonak, 
Grayling, Kotlik, Mountain Village, and Nunam Iqua 
through the Yukon Delta Fisheries Development 
Association. 
‘‘(E) ELIGIBILITY
REQUIREMENTS
FOR
PARTICIPATING 
ENTITIES.—To be eligible to participate in the program, 
an entity referred to in subparagraph (D) shall meet the 
following requirements: 
‘‘(i) BOARD OF DIRECTORS.—The entity shall be gov-
erned 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-
H. R. 889—28
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 invest-
ments 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 owner-
ship, harvesting, or processing limitations in the fish-
eries of the Bering Sea and Aleutian Islands Manage-
ment Area only to the extent of the entity’s propor-
tional 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 vil-
lages 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
H. R. 889—29
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 member-
ship 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 rel-
ative 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 invest-
ments 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 main-
tained 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
H. R. 889—30
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.—Notwith-
standing any other provision of law or regulation there-
under, 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 allo-
cated to the program, or 
‘‘(ii) to use its share of fishery resources allocated 
to the program, and any revenue derived from such 
use, to assist its member villages with projects to 
advance economic development, 
but does not include a plan that allocates fishery resources 
to the program.’’. 
(b) NO INTERRUPTION OF EXISTING ALLOCATIONS.—The amend-
ment 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—OPER-
ATIONS, 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 coopera-
tive 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.
H. R. 889—31
(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 sec-
tion 313(j)(3)) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1862(j)(3)). 
(d) REGULATIONS.—Not later than 60 days after the date of 
enactment of this Act, the Secretary of Commerce shall issue regula-
tions 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 trans-
ported 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 citizen-
ship requirements of section 2 of the Shipping Act, 1916 (46 
U.S.C. App. 802); and 
(4) not later than 180 days after the date of enactment 
of this Act, the owner of the vessel submits to the Secretary 
of the department in which the Coast Guard is operating an 
affidavit certifying that the vessel and owner meet the require-
ments of this section. 
SEC. 419. AUTOMATIC IDENTIFICATION SYSTEM. 
(a) PREVENTION OF HARMFUL INTERFERENCE.—Not later than 
60 days after the date of enactment of this Act, the Secretary 
of the department in which the Coast Guard is operating, acting 
through the Commandant of the Coast Guard, may transfer 
$1,000,000 to the National Telecommunications and Information 
Administration of the Department of Commerce for the purposes 
of awarding, not later than 120 days after such date of enactment, 
a competitive grant to design and develop a prototype device that 
integrates a Class B Automatic Identification System transponder 
(International Electrotechnical Commission standard 62287) with 
a wireless maritime data device approved by the Federal Commu-
nications 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).
H. R. 889—32
The implementation of this section shall not delay the implementa-
tion 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 enact-
ment 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 pro-
posal 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 per-
sonnel 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 depart-
ment 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 para-
graph (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.
H. R. 889—33
(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 ves-
sels by non-United States citizens, and the nationality of such 
ownership or control. 
(3) Description of any transfers or sales of United States 
flag vessels in the previous calendar year, and the disposition 
of such vessel, including whether the vessel was scrapped or 
sold, and, if sold, the nationality of the new owner and location 
of any fishery to which the vessel will be transferred. 
(4) Landings of tuna by vessels under flag in the 2 previous 
calendar years, including an assessment of landing trends, 
and a description of landing percentages and totals—
(A) delivered to American Samoa and any other port 
in a State or territory of the United States; and 
(B) delivered to ports outside of a State or territory 
of the United States, including the identity of the port. 
(5) An evaluation of capacity and trends in the purse seine 
fleet fishing in the area covered by the South Pacific Regional 
Fisheries Treaty, and any transfer of capacity from such fleet 
or area to other fisheries, including those governed under the 
Western and Central Pacific Fisheries Convention and the 
Inter-American Tropical Tuna Convention. 
TITLE V—LIGHTHOUSES 
SEC. 501. TRANSFER. 
(a) JURISDICTIONAL
TRANSFERS.—Administrative jurisdiction 
over the National Forest System lands in the State of Alaska 
described in subsection (b) and improvements situated on such 
lands is transferred without consideration from the Secretary of 
Agriculture to the Secretary of the department in which the Coast 
Guard is operating. 
(b) AREAS REFERRED TO.—The areas of lands referred to in 
subsection (a) are the following: 
(1) GUARD ISLAND LIGHT STATION.—The area described in 
the Guard Island Lighthouse reserve dated January 4, 1901, 
comprising approximately 8.0 acres of National Forest uplands. 
(2) ELDRED ROCK LIGHT STATION.—The area described in 
the December 30, 1975, listing of the Eldred Rock Light Station 
on the National Register of Historic Places, comprising approxi-
mately 2.4 acres.
H. R. 889—34
(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 consulta-
tion 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 Sec-
retary 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 Adminis-
trator of General Services, upon request by the Secretary of 
Agriculture, shall transfer without consideration to the Sec-
retary of Agriculture any land identified in subsection (b), 
together with the improvements thereon, for administration 
under the laws pertaining to the National Forest System if—
(A) the Secretary of the Interior cannot identify and 
select an eligible entity for such land and improvements 
in accordance with section 308(b)(2) of the National Historic 
Preservation Act (16 U.S.C. 470w–7(b)(2)) not later than 
3 years after the date the Secretary of the department 
in which the Coast Guard is operating determines that 
the land is excess property, as that term is defined in 
section 102(3) of title 40, United States Code; or 
(B) the land reverts to the United States pursuant 
to section 308(c)(3) of the National Historic Preservation 
Act (16 U.S.C. 470w–7(c)(3)). 
(2) RESERVATIONS FOR AIDS TO NAVIGATION.—Any action 
taken under this subsection by the Administrator of General 
Services shall be subject to any rights that may be reserved 
by the Commandant of the Coast Guard for the operation 
and maintenance of Federal aids to navigation. 
(f) NOTIFICATION; DISPOSAL OF LANDS BY THE ADMINISTRATOR.—
The Administrator of General Services shall promptly notify the 
Secretary of Agriculture upon the occurrence of any of the events 
described in subparagraphs (A) and (B) of subsection (e)(1). If the 
Secretary of Agriculture does not request a transfer as provided 
for in subsection (e) not later than 90 days after the date of 
receiving such notification from the Administrator, the Adminis-
trator 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.
H. R. 889—35
(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 anal-
yses or examination. The transfer shall not be considered a convey-
ance 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.—Notwith-
standing 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 authoriza-
tion to the entity, for no consideration, to approximately 31 
acres as described in the map entitled ‘‘Tree Point Light Sta-
tion’’, 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 monu-
ment resources; 
(C) public safety; and 
(D) such other terms and conditions considered appro-
priate by the Secretary of Agriculture. 
(e) ACTIONS FOLLOWING TERMINATION OR REVOCATION.—The 
Secretary of Agriculture may take such actions as are authorized 
under section 110(b) of the National Historic Preservation Act (16 
U.S.C. 470h–2(b)) with respect to Tree Point Light Station if—
(1) no entity is identified under subsection (d) within 3 
years after the date on which administrative jurisdiction is
H. R. 889—36
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.—Effec-
tive 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 con-
sistent with existing law and regulations. The Commandant and 
the Secretary shall execute an agreement to provide for the remedi-
ation of the land and structures at the Tree Point Light Station. 
SEC. 503. MISCELLANEOUS LIGHT STATIONS. 
(a) CAPE ST. ELIAS LIGHT STATION.—For purposes of section 
416(a)(2) of the Coast Guard Authorization Act of 1998 (112 Stat. 
3435), the Cape St. Elias Light Station shall comprise approximately 
10 acres in fee, along with additional access easements issued 
without consideration by the Secretary of Agriculture, as generally 
described in the map entitled ‘‘Cape St. Elias Light Station’’, dated 
September 14, 2004. The Secretary of the department in which 
the Coast Guard is operating shall keep such map on file and 
available for public inspection. 
(b) POINT WILSON LIGHTHOUSE.—Section 325(c)(3) of the Coast 
Guard Authorization Act of 1993 (107 Stat. 2432) is amended—
(1) by striking ‘‘and’’ at the end of subparagraph (B); 
(2) by redesignating subparagraph (C) as subparagraph 
(D); and 
(3) by inserting after subparagraph (B) the following: 
‘‘(C) all housing units and related structures associated 
with the lighthouse; and’’. 
SEC. 504. INCLUSION OF LIGHTHOUSE IN ST. MARKS NATIONAL WILD-
LIFE 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 sub-
section (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
H. R. 889—37
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 para-
graph (1) may not be made to the Secretary of the Interior 
until the Coast Guard has completed any response and restora-
tion 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 sub-
stance, pollutant, contaminant, petroleum, or petroleum product 
or derivative that is located on such land on the date of enact-
ment 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 Sec-
retary 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 main-
tained 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
H. R. 889—38
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 depart-
ment 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 oper-
ating, maintaining, and inspecting any Federal aid to naviga-
tion and ensuring compliance with this subsection, to the extent 
that it is not possible to provide advance notice. 
TITLE VI—DELAWARE RIVER PROTEC-
TION AND MISCELLANEOUS OIL PRO-
VISIONS 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Delaware River Protection Act 
of 2006’’. 
SEC. 602. REQUIREMENT TO NOTIFY COAST GUARD OF RELEASE OF 
OBJECTS INTO THE NAVIGABLE WATERS OF THE UNITED 
STATES. 
The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) 
is amended by adding at the end the following: 
‘‘SEC. 15. REQUIREMENT TO NOTIFY COAST GUARD OF RELEASE OF 
OBJECTS INTO THE NAVIGABLE WATERS OF THE UNITED 
STATES. 
‘‘(a) REQUIREMENT.—As soon as a person has knowledge of 
any release from a vessel or facility into the navigable waters 
of the United States of any object that creates an obstruction 
prohibited under section 10 of the Act of March 3, 1899, popularly 
known as the Rivers and Harbors Appropriations Act of 1899 (33 
U.S.C. 403), such person shall notify the Secretary and the Sec-
retary 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 sub-
paragraphs (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
H. R. 889—39
‘‘(ii) with respect to a vessel of 3,000 gross tons or 
less that is—
‘‘(I) a vessel described in subparagraph (A), 
$6,000,000; or 
‘‘(II) a vessel described in subparagraph (B), 
$4,000,000;’’. 
(2) OTHER VESSELS.—Section 1004(a)(2) of such Act (33 
U.S.C. 2794(a)(2)) is amended—
(A) by striking ‘‘$600 per gross ton’’ and inserting 
‘‘$950 per gross ton’’; and 
(B) by striking ‘‘$500,000’’ and inserting ‘‘$800,000,’’. 
(3) LIMITATION ON APPLICATION.—In the case of an incident 
occurring before the 90th day following the date of enactment 
of this Act, section 1004(a)(1) of the Oil Pollution Act of 1990 
(33 U.S.C. 2704(a)(1)) shall apply as in effect immediately before 
the effective date of this subsection. 
(b) ADJUSTMENT TO REFLECT CONSUMER PRICE INDEX.—Section 
1004(d)(4) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(d)(4)) 
is amended to read as follows: 
‘‘(4) ADJUSTMENT TO REFLECT CONSUMER PRICE INDEX.—
The President, by regulations issued not later than 3 years 
after the date of enactment of the Delaware River Protection 
Act of 2006 and not less than every 3 years thereafter, shall 
adjust the limits on liability specified in subsection (a) to reflect 
significant increases in the Consumer Price Index.’’. 
(c) REPORT.—
(1) INITIAL REPORT.—Not later than 45 days after the date 
of enactment of this Act, the Secretary of the department 
in which the Coast Guard is operating shall submit a report 
on liability limits described in paragraph (2) to the Committee 
on Commerce, Science, and Transportation of the Senate and 
the Committee on Transportation and Infrastructure of the 
House of Representatives. 
(2) CONTENTS.—The report shall include, at a minimum, 
the following: 
(A) An analysis of the extent to which oil discharges 
from vessels and nonvessel sources have or are likely to 
result in removal costs and damages (as defined in section 
1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701)) 
for which no defense to liability exists under section 1003 
of such Act and that exceed the liability limits established 
in section 1004 of such Act, as amended by this section. 
(B) An analysis of the impacts that claims against 
the Oil Spill Liability Trust Fund for amounts exceeding 
such liability limits will have on the Fund. 
(C) Based on analyses under this paragraph and taking 
into account other factors impacting the Fund, rec-
ommendations 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.
H. R. 889—40
SEC. 604. REQUIREMENT TO UPDATE PHILADELPHIA AREA CONTIN-
GENCY PLAN. 
Not later than one year after the date of enactment of this 
Act and not less than annually thereafter, the Philadelphia Area 
Committee established under section 311(j)(4) of the Federal Water 
Pollution Control Act (33 U.S.C. 1321(j)(4)) shall review and revise 
the Philadelphia Area Contingency Plan to include available data 
and biological information on environmentally sensitive areas of 
the Delaware River and Delaware Bay that has been collected 
by Federal and State surveys. 
SEC. 605. SUBMERGED OIL REMOVAL. 
(a) AMENDMENTS.—Title VII of the Oil Pollution Act of 1990 
is amended—
(1) in section 7001(c)(4)(B) (33 U.S.C. 2761(c)(4)(B)) by 
striking ‘‘RIVERA,’’ and inserting ‘‘RIVERA and the T/V 
ATHOS I,’’; and 
(2) by adding at the end the following: 
‘‘SEC. 7002. SUBMERGED OIL PROGRAM. 
‘‘(a) PROGRAM.—
‘‘(1) ESTABLISHMENT.—The Under Secretary of Commerce 
for Oceans and Atmosphere, in conjunction with the Com-
mandant of the Coast Guard, shall establish a program to 
detect, monitor, and evaluate the environmental effects of sub-
merged 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 capac-
ities for predicting the environmental fate, transport, and 
effects of submerged oil. 
‘‘(C) The development of techniques to detect and mon-
itor 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 Com-
merce, Science, and Transportation of the Senate and the Com-
mittee 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 dem-
onstration project for the purpose of developing and dem-
onstrating 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’’.
H. R. 889—41
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 enact-
ment 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 sub-
section (a) for each such year. 
SEC. 607. DELAWARE RIVER AND BAY OIL SPILL ADVISORY COM-
MITTEE. 
(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 mem-
bers 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 authori-
ties 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 representa-
tive of the Port of Wilmington; 
(ii) one member shall be an employee or represent-
ative of the South Jersey Port Corporation; and 
(iii) one member shall be an employee or represent-
ative 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 refin-
eries 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 mem-
bers of which organization depend on fisheries and
H. R. 889—42
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 affili-
ated 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 Dela-
ware 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 Fed-
eral agencies and agencies of the States of New Jersey, Pennsyl-
vania, and Delaware with an interest in oil spill prevention 
in the Delaware River and Delaware Bay. 
(c) RESPONSIBILITIES.—
(1) IN GENERAL.—The Committee shall provide advice and 
recommendations on measures to improve the prevention of 
and response to future oil spills in the Delaware River and 
Delaware Bay to the Commandant, the Governors of the States 
of New Jersey, Pennsylvania, and Delaware, the Committee 
on Commerce, Science, and Transportation of the Senate, and 
the Committee on Transportation and Infrastructure of the 
House of Representatives. 
(2) REPORT.—Not later than 18 months after the date that 
the Commandant completes appointment of the members of 
the Committee, the Committee shall provide a report to the 
entities referred to in paragraph (1) with the recommendations 
of the Committee, including a ranking of priorities, for measures 
to improve prevention and response to oil spills described in 
paragraph (1). 
(d) MEETINGS.—The Committee—
(1) shall hold its first meeting not later than 60 days 
after the date on which the Commandant completes the appoint-
ment of members of the Committee; and 
(2) shall meet thereafter at the call of the Chairman. 
(e) APPOINTMENT
OF
MEMBERS.—The Commandant shall 
appoint the members of the Committee after soliciting nominations 
by notice published in the Federal Register. 
(f) CHAIRMAN AND VICE CHAIRMAN.—The Committee shall elect, 
by majority vote at its first meeting, one of the members of the 
Committee as the Chairman and one of the members as the Vice
H. R. 889—43
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 appoint-
ment 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 sec-
tion 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, Mis-
sissippi, 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 sub-
section (e); and 
(3) as a result of the effects of Hurricane Katrina or Hurri-
cane Rita, incurred damage to such qualified property such 
that—
H. R. 889—44
(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 quali-
fied property on that date. 
(c) REIMBURSEMENT AMOUNT.—The amount of the reimburse-
ment 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 condo-
minium unit in the State of Louisiana, Mississippi, Alabama, or
H. R. 889—45
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 MER-
CHANT MARINERS’ DOCUMENTS. 
(a) LICENSES
AND
CERTIFICATES
OF
REGISTRY.—Notwith-
standing 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 sec-
tion 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 identi-
fied 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 depart-
ment 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
H. R. 889—46
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 responsi-
bility 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 Infrastruc-
ture 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.—
H. R. 889—47
(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 associ-
ated 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 water-
ways 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 Hurri-
cane Katrina, with a particular emphasis on any releases of 
oil or hazardous chemicals into the navigable waterways of 
the United States. 
(4) A discussion and assessment of the response of the 
Coast Guard to the impacts described in paragraph (3), 
including an assessment of environmental vulnerabilities in 
natural disasters in the future and an estimate of the costs 
of addressing such vulnerabilities. 
(c) NAVIGABLE WATERWAYS OF THE UNITED STATES.—In this 
section, the term ‘‘navigable waterways of the United States’’ 
includes waters of the United States as described in Presidential 
Proclamation No. 5928 of December 27, 1988. 
TITLE VIII—OCEAN COMMISSION 
RECOMMENDATIONS 
SEC. 801. IMPLEMENTATION OF INTERNATIONAL AGREEMENTS. 
In consultation with appropriate Federal agencies, the Sec-
retary 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 Organiza-
tion to enhance oversight and enforcement of security, environ-
mental, and other agreements adopted within the International
H. R. 889—48
Maritime Organization by flag States on whom such agreements 
are binding, including implementation of—
(1) a code outlining flag State responsibilities and obliga-
tions; 
(2) an audit regime for evaluating flag State performance; 
(3) measures to ensure that responsible organizations, 
acting on behalf of flag States, meet established performance 
standards; and 
(4) cooperative arrangements to improve enforcement on 
a bilateral, regional, or international basis. 
SEC. 802. VOLUNTARY MEASURES FOR REDUCING POLLUTION FROM 
RECREATIONAL BOATS. 
In consultation with appropriate Federal, State, and local 
government agencies, the Secretary of the department in which 
the Coast Guard is operating shall undertake outreach programs 
for educating the owners and operators of boats using two-stroke 
engines about the pollution associated with such engines and sup-
port voluntary programs that reduce such pollution and encourage 
the early replacement of older two-stroke engines. 
SEC. 803. INTEGRATION OF VESSEL MONITORING SYSTEM DATA. 
The Secretary of the department in which the Coast Guard 
is operating shall integrate vessel monitoring system data into 
its maritime operations databases for the purpose of improving 
monitoring and enforcement of Federal fisheries laws and work 
with the Under Secretary of Commerce for Oceans and Atmosphere 
to ensure effective use of such data for monitoring and enforcement. 
SEC. 804. FOREIGN FISHING INCURSIONS. 
(a) IN GENERAL.—Not later than 180 days after the date of 
enactment of this Act, the Secretary of the department in which 
the Coast Guard is operating shall provide to the Committee on 
Commerce, Science, and Transportation of the Senate and the Com-
mittee on Transportation and Infrastructure of the House of Rep-
resentatives 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 inter-
dicting such incursions to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Transpor-
tation and Infrastructure of the House of Representatives.
H. R. 889—49
TITLE IX—TECHNICAL CORRECTIONS 
SEC. 901. MISCELLANEOUS TECHNICAL CORRECTIONS. 
(a) REQUIREMENTS FOR COOPERATIVE AGREEMENTS FOR VOL-
UNTARY SERVICES.—Section 93(a)(19) of title 14, United States Code, 
is amended by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively. 
(b) CORRECTION OF AMENDMENT TO CHAPTER ANALYSIS.—Effec-
tive August 9, 2004, section 212(b) of the Coast Guard and Maritime 
Transportation Act of 2004 (118 Stat. 1037) is amended by inserting 
‘‘of title 14’’ after ‘‘chapter 17’’. 
(c) RECOMMENDATIONS TO CONGRESS BY COMMANDANT OF THE 
COAST GUARD.—Section 93(a) of title 14, United States Code, is 
amended by redesignating paragraph (y) as paragraph (24). 
(d) CORRECTION
OF REFERENCE
TO PORTS
AND WATERWAYS 
SAFETY ACT.—Effective August 9, 2004, section 302 of the Coast 
Guard and Maritime Transportation Act of 2004 (118 Stat. 1041) 
is amended by striking ‘‘of 1972’’. 
(e) TECHNICAL CORRECTION OF PENALTY.—Section 4311(b) of 
title 46, United States Code, is amended by striking ‘‘4307(a)of’’ 
and inserting ‘‘4307(a) of’’. 
(f) DETERMINING
ADEQUACY
OF
POTABLE
WATER.—Section 
3305(a) of title 46, United States Code, is amended by moving 
paragraph (2) two ems to the left, so that the material preceding 
subparagraph (A) of such paragraph aligns with the left-hand 
margin of paragraph (1) of such section. 
(g) RENEWAL OF ADVISORY GROUP.—Effective August 9, 2004, 
section 418(a) of the Coast Guard and Maritime Transportation 
Act of 2004 (118 Stat. 1049) is amended by striking ‘‘of September 
30, 2005’’ and inserting ‘‘on September 30, 2005’’. 
(h) TECHNICAL CORRECTIONS RELATING
TO REFERENCES
TO 
NATIONAL DRIVER REGISTER.—
(1) AMENDMENT INSTRUCTION.—Effective August 9, 2004, 
section 609(1) of the Coast Guard and Maritime Transportation 
Act of 2004 (118 Stat. 1058) is amended in the matter preceding 
subparagraph (A) by striking ‘‘7302’’ and inserting ‘‘7302(c)’’. 
(2) OMITTED
WORD.—Section 7302(c) of title 46, United 
States Code, is amended—
(A) by inserting ‘‘section’’ before ‘‘30305(b)(5)’’; and 
(B) by inserting ‘‘section’’ before ‘‘30304(a)(3)(A)’’. 
(3) EXTRANEOUS U.S.C. REFERENCE.—Section 7703(3) of title 
46, United States Code, is amended by striking ‘‘(23 U.S.C. 
401 note)’’. 
(i) VESSEL RESPONSE PLANS FOR NONTANK VESSELS.—
(1) CORRECTION OF VESSEL REFERENCES.—Section 311 of 
the Federal Water Pollution Control Act (33 U.S.C. 1321) is 
amended by striking ‘‘non-tank’’ each place it appears and 
inserting ‘‘nontank’’. 
(2) PUNCTUATION ERROR.—Effective August 9, 2004, section 
701(b)(9) of the Coast Guard and Maritime Transportation Act 
of 2004 (118 Stat. 1068) is amended by inserting closing 
quotation marks after ‘‘each tank vessel’’. 
(j) PUNCTUATION ERROR.—Section 5006(c) of the Oil Pollution 
Act of 1990 (33 U.S.C. 2736(c)) is amended by inserting a comma 
after ‘‘October 1, 2012’’. 
(k) CORRECTION TO SUBTITLE DESIGNATION.—
H. R. 889—50
(1) REDESIGNATION.—Title 46, United States Code, is 
amended by redesignating subtitle VI as subtitle VII. 
(2) CLERICAL AMENDMENT.—The table of subtitles at the 
beginning of title 46, United States Code, is amended by 
striking the item relating to subtitle VI and inserting the 
following:
‘‘VII. MISCELLANEOUS .......................................................................................70101’’.
(l) CORRECTIONS TO CHAPTER 701 OF TITLE 46, UNITED STATES 
CODE.—Chapter 701 of title 46, United States Code, is amended 
as follows: 
(1) Sections 70118 and 70119, as added by section 801 
of the Coast Guard and Maritime Transportation Act of 2004 
(118 Stat. 1078), relating to firearms, arrests, and seizure of 
property and to enforcement by State and local officers, are 
redesignated as sections 70117 and 70118, respectively, and 
moved to appear immediately after section 70116 of title 46, 
United States Code. 
(2) Sections 70117 and 70118, as added by section 802 
of such Act (118 Stat. 1078), relating to in rem liability for 
civil penalties and to certain costs and withholding of clearance, 
are redesignated as sections 70120 and 70121, respectively, 
and moved to appear immediately after section 70119 of title 
46, United States Code. 
(3) In section 70120(a), as redesignated by paragraph (2) 
of this section, by striking ‘‘section 70120’’ and inserting ‘‘section 
70119’’. 
(4) In section 70121(a), as redesignated by paragraph (2) 
of this section, by striking ‘‘section 70120’’ and inserting ‘‘section 
70119’’. 
(5) In the analysis at the beginning of the chapter by 
striking the items relating to sections 70117 through the second 
70119 and inserting the following:
‘‘70117. Firearms, arrests, and seizure of property. 
‘‘70118. Enforcement by State and local officers. 
‘‘70119. Civil penalty. 
‘‘70120. In rem liability for civil penalties and certain costs. 
‘‘70121. Withholding of clearance.’’.
(m) AREA MARITIME SECURITY ADVISORY COMMITTEES; MARGIN 
ALIGNMENT.—Section 70112(b) of title 46, United States Code, is 
amended by moving paragraph (5) two ems to the left, so that 
the left-hand margin of paragraph (5) aligns with the left-hand 
margin of paragraph (4) of such section. 
(n) TECHNICAL CORRECTION REGARDING TANK VESSEL ENVIRON-
MENTAL 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:
H. R. 889—51
‘‘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 Transpor-
tation 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 Feb-
ruary 28, 1987, and annually thereafter, the Secretary of Transpor-
tation 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 RESTORA-
TION 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 TRANSPOR-
TATION; RELATED MATTERS. 
(a) GOVERNMENT ORGANIZATION.—Title 5, United States Code, 
is amended—
(1) in section 101 by inserting ‘‘The Department of Home-
land Security.’’ after and immediately below ‘‘The Department 
of Veterans Affairs.’’; 
(2) in section 2902(b) by inserting ‘‘the Secretary of Home-
land 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’’.
H. R. 889—52
(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 sub-
sections (c) and (d), respectively; and 
(B) by striking subsection (a) and inserting the fol-
lowing: 
‘‘(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, recommenda-
tions, 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 Transpor-
tation’’ 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 sub-
paragraphs (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
H. R. 889—53
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 Home-
land Security’’. 
(k) BRIDGES.—Section 4 of the General Bridge Act of 1906 
(33 U.S.C. 491) is amended by striking ‘‘of Transportation’’ and 
inserting ‘‘of Homeland Security’’. 
(l) OIL POLLUTION.—The Oil Pollution Act of 1990 (33 U.S.C. 
2701 et seq.) is amended—
(1) in section 5001(c)(1)(B) (33 U.S.C. 2731(c)(1)(B)) by 
striking ‘‘Commerce, the Interior, and Transportation,’’ and 
inserting ‘‘Commerce and the Interior and the Commandant 
of the Coast Guard,’’; 
(2) in section 5002(m)(4) (33 U.S.C. 2732(m)(4)) by striking 
‘‘of Transportation.’’ and inserting ‘‘of the department in which 
the Coast Guard is operating.’’; 
(3) in section 7001(a) (33 U.S.C. 2761(a)) by striking para-
graph (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 Engi-
neers and the Navy), the Department of Homeland Security 
(including the United States Fire Administration in the Federal 
Emergency Management Agency), the Environmental Protec-
tion Agency, the National Aeronautics and Space Administra-
tion, and such other Federal agencies the President may des-
ignate. 
‘‘(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 Secu-
rity Act (42 U.S.C. 405(p)(3)) is amended by striking ‘‘of Transpor-
tation’’ each place it appears and inserting ‘‘of Homeland Security’’.
H. R. 889—54
(o) MERCHANT MARINE ACT, 1920.—Section 27 of the Merchant 
Marine Act, 1920 (46 U.S.C. App. 883) is amended in the matter 
following the ninth proviso (pertaining to transportation of a for-
eign-flag incineration vessel) by striking ‘‘Satisfactory inspection 
shall be certified in writing by the Secretary of Transportation’’ 
and inserting ‘‘Satisfactory inspection shall be certified, in writing, 
by the Secretary of Homeland Security.’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.