Coast Guard and Maritime Transportation Act of 2006
PL 109-241 (H.R.889), enacted 07/12/2006

120 STAT. 516
PUBLIC LAW 109–241—JULY 11, 2006
Public Law 109–241
109th Congress
An Act
To authorize appropriations for the Coast Guard for fiscal year 2006, to make
technical corrections to various laws administered by the Coast Guard, and for
other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Coast Guard and Maritime
Transportation Act of 2006’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—AUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Supplemental authorization of appropriations.
Sec. 104. Web-based risk management data system.
TITLE II—COAST GUARD
Sec. 201. Extension of Coast Guard vessel anchorage and movement authority.
Sec. 202. International training and technical assistance.
Sec. 203. Officer promotion.
Sec. 204. Coast Guard band director.
Sec. 205. Authority for one-step turnkey design-build contracting.
Sec. 206. Reserve recall authority.
Sec. 207. Reserve officer distribution.
Sec. 208. Expansion of use of auxiliary equipment to support Coast Guard mis-
sions.
Sec. 209. Coast Guard history fellowships.
Sec. 210. Icebreakers.
Sec. 211. Operation as a service in the Navy.
Sec. 212. Limitation on moving assets to St. Elizabeth’s Hospital.
Sec. 213. Cooperative agreements.
Sec. 214. Biodiesel feasibility study.
Sec. 215. Boating safety director.
Sec. 216. Hangar at Coast Guard Air Station Barbers Point.
Sec. 217. Promotion of Coast Guard officers.
Sec. 218. Redesignation of Coast Guard law specialists as judge advocates.
TITLE III—SHIPPING AND NAVIGATION
Sec. 301. Treatment of ferries as passenger vessels.
Sec. 302. Great Lakes pilotage annual ratemaking.
Sec. 303. Certification of vessel nationality in drug smuggling cases.
Sec. 304. LNG tankers.
Sec. 305. Use of maritime safety and security teams.
Sec. 306. Enhanced civil penalties for violations of provisions enacted by the Coast
Guard and Maritime Transportation Act of 2004.
Coast Guard and
Maritime
Transportation
Act of 2006.
14 USC 1 note.
July 11, 2006
[H.R. 889]
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120 STAT. 517
PUBLIC LAW 109–241—JULY 11, 2006
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.
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120 STAT. 518
PUBLIC LAW 109–241—JULY 11, 2006
TITLE I—AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for fiscal year 2006
for necessary expenses of the Coast Guard as follows:
(1) For the operation and maintenance of the Coast Guard,
$5,633,900,000, of which $24,500,000 is authorized to be derived
from the Oil Spill Liability Trust Fund to carry out the purposes
of section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)).
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore facilities,
vessels, and aircraft, including equipment related thereto,
$1,903,821,000, of which—
(A) $20,000,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990, to remain avail-
able 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 Sys-
tems; 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 perform-
ance 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 avail-
able 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 avail-
able until expended.
(5) For alteration or removal of bridges over navigable
waters of the United States constituting obstructions to naviga-
tion, 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 avail-
able until expended.
(7) For the Coast Guard Reserve program, including per-
sonnel 
and 
training 
costs, 
equipment, 
and 
services,
$119,000,000.
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120 STAT. 519
PUBLIC LAW 109–241—JULY 11, 2006
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 institu-
tions, 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 sub-
section (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.’’.
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120 STAT. 520
PUBLIC LAW 109–241—JULY 11, 2006
SEC. 202. INTERNATIONAL TRAINING AND TECHNICAL ASSISTANCE.
(a) IN GENERAL.—Section 149 of title 14, United States Code,
is amended—
(1) by amending the section heading to read as follows:
‘‘§ 149. Assistance to foreign governments and maritime
authorities’’;
(2) by inserting before the undesignated text the following:
‘‘(a) DETAIL OF MEMBERS TO ASSIST FOREIGN GOVERNMENTS.—
’’; and
(3) by adding at the end the following new subsection:
‘‘(b) TECHNICAL ASSISTANCE TO FOREIGN MARITIME AUTHORI-
TIES.—The Commandant, in coordination with the Secretary of
State, may provide, in conjunction with regular Coast Guard oper-
ations, technical assistance (including law enforcement and mari-
time 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 nec-
essary 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 lieuten-
ant’’ and inserting ‘‘determined by the Secretary to be
most appropriate to the qualifications and experience of
the appointed individual’’;
(3) in subsection (d) by striking ‘‘A member’’ and inserting
‘‘An individual’’; and
(4) in subsection (e)—
(A) by striking ‘‘When a member’s designation is
revoked,’’ and inserting ‘‘When an individual’s designation
is revoked,’’; and
(B) by striking ‘‘option:’’ and inserting ‘‘option—’’.
(b) CURRENT DIRECTOR.—The individual serving as Coast Guard
band director on the date of enactment of this Act may be imme-
diately promoted to a commissioned grade, not to exceed captain,
14 USC 336 note.
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PUBLIC LAW 109–241—JULY 11, 2006
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 CON-
TRACTING.
(a) IN GENERAL.—Chapter 17 of title 14, United States Code,
is amended by adding at the end the following new section:
‘‘§ 677. Turnkey selection procedures
‘‘(a) AUTHORITY TO USE.—The Secretary may use one-step turn-
key 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 speci-
fications 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
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PUBLIC LAW 109–241—JULY 11, 2006
(2) in subsection (b) by striking all that precedes paragraph
(2) and inserting the following:
‘‘(b)(1) The Secretary shall make, at least once each year, a
computation to determine the number of Reserve officers in an
active status authorized to be serving in each grade. The number
in each grade shall be computed by applying the applicable percent-
age 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 percent-
ages 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 percent-
age 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 prop-
erty.’’.
(b) APPROPRIATIONS FOR FACILITIES.—Section 830(a) of such
title is amended by striking ‘‘or radio station’’ each place it appears
and inserting ‘‘radio station, or motorized vehicle utilized under
section 826(b)’’.
SEC. 209. COAST GUARD HISTORY FELLOWSHIPS.
(a) FELLOWSHIPS AUTHORIZED.—Chapter 9 of title 14, United
States Code, is amended by adding at the end the following:
‘‘§ 198. Coast Guard history fellowships
‘‘(a) FELLOWSHIPS.—The Commandant of the Coast Guard may
prescribe regulations under which the Commandant may award
fellowships in Coast Guard history to individuals who are eligible
under subsection (b).
‘‘(b) ELIGIBLE INDIVIDUALS.—An individual shall be eligible
under this subsection if the individual is a citizen or national
of the United States and—
‘‘(1) is a graduate student in United States history;
‘‘(2) has completed all requirements for a doctoral degree
other than preparation of a dissertation; and
‘‘(3) agrees to prepare a dissertation in a subject area
of Coast Guard history determined by the Commandant.
Computation.
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120 STAT. 523
PUBLIC LAW 109–241—JULY 11, 2006
‘‘(c) LIMITATIONS.—The Commandant may award up to 2 fellow-
ships 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 sec-
tion shall include—
‘‘(1) the criteria for award of fellowships;
‘‘(2) the procedures for selecting recipients of fellowships;
‘‘(3) the basis for determining the amount of a fellowship;
and
‘‘(4) subject to the availability of appropriations, the total
amount that may be awarded as fellowships during an academic
year.’’.
(b) CLERICAL AMENDMENT.—The analysis at the beginning of
such chapter is amended by adding at the end the following:
‘‘198. Coast Guard history fellowships’’.
SEC. 210. ICEBREAKERS.
(a) OPERATION AND MAINTENANCE PLAN.—Not later than 90
days after the date of enactment of this Act, the Secretary of
the department in which the Coast Guard is operating shall submit
to the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a plan—
(1) for operation and maintenance after fiscal year 2006
of the Coast Guard polar icebreakers POLAR STAR, POLAR
SEA, and HEALY, that does not rely on the transfer of funds
to the Coast Guard by any other Federal agency; and
(2) for the long-term recapitalization of these assets.
(b) NECESSARY MEASURES.—The Secretary shall take all nec-
essary 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 recapitaliza-
tion 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 HOS-
PITAL.
The Commandant of the Coast Guard may not move any Coast
Guard personnel, property, or other assets to the West Campus
Deadline.
14 USC 93 note.
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of St. Elizabeth’s Hospital until the Administrator of General Serv-
ices 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 Hos-
pital;
(4) for the construction, facade, and layout of the proposed
structures, including security considerations, parking facilities,
medical facilities, dining facilities, and physical exercise facili-
ties 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 Dis-
trict of Columbia; and
(C) to 3 alternative sites requiring either new construc-
tion or leasing of current facilities (other than those
referred to in subparagraphs (A) and (B)) within the Dis-
trict 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 coopera-
tively 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 Secu-
rity and other offices of the Department.
SEC. 213. COOPERATIVE AGREEMENTS.
Not later than 180 days after the date of enactment of this
Act, the Secretary of the department in which the Coast Guard
is operating shall provide a report to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
on opportunities for cost savings and operational efficiencies that
can be achieved through and the feasibility of colocating Coast
Guard assets and personnel at facilities of other armed forces
throughout the United States. The report shall—
(1) identify opportunities for cooperative agreements with
respect to siting of assets or operations that may be established
between the Coast Guard and any of the other armed forces;
and
Deadline.
Reports.
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120 STAT. 525
PUBLIC LAW 109–241—JULY 11, 2006
(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 enact-
ment 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 Infrastruc-
ture of the House of Representatives.
SEC. 215. BOATING SAFETY DIRECTOR.
(a) IN GENERAL.—Subchapter A of chapter 11 of title 14, United
States Code, is amended by adding at the end the following:
‘‘§ 216. Director of Boating Safety Office
‘‘The initial appointment of the Director of the Boating Safety
Office shall be in the grade of Captain.’’.
(b) CLERICAL AMENDMENT.—The analysis for such chapter is
amended by inserting after the item relating to section 215 the
following:
‘‘216. Director of Boating Safety Office’’.
SEC. 216. HANGAR AT COAST GUARD AIR STATION BARBERS POINT.
Not later than 180 days after the date of enactment of this
Act, the Secretary of the department in which the Coast Guard
is operating shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transpor-
tation 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 pro-
jected to be located at the station over the next 20 years.
SEC. 217. PROMOTION OF COAST GUARD OFFICERS.
(a) IN GENERAL.—Section 211(a) of title 14, United States Code,
is amended to read as follows:
‘‘(a)(1) The President may appoint permanent commissioned
officers in the Regular Coast Guard in grades appropriate to their
qualification, experience, and length of service, as the needs of
the Coast Guard may require, from among the following categories:
‘‘(A) Graduates of the Coast Guard Academy.
‘‘(B) Commissioned warrant officers, warrant officers, and
enlisted members of the Regular Coast Guard.
‘‘(C) Members of the Coast Guard Reserve who have served
at least 2 years as such.
‘‘(D) Licensed officers of the United States merchant marine
who have served 2 or more years aboard a vessel of the United
States in the capacity of a licensed officer.
Hawaii.
Deadline.
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‘‘(2) Original appointments under this section in the grades
of lieutenant commander and above shall be made by the President
by and with the advice and consent of the Senate.
‘‘(3) Original appointments under this section in the grades
of ensign through lieutenant shall be made by the President alone.’’.
(b) WARTIME TEMPORARY SERVICE PROMOTION.—Section 275(f)
of such title is amended by striking the second and third sentences
and inserting ‘‘Original appointments under this section in the
grades of lieutenant commander and above shall be made by the
President by and with the advice and consent of the Senate. Original
appointments under this section in the grades of ensign through
lieutenant shall be made by the President alone.’’.
SEC. 218. REDESIGNATION OF COAST GUARD LAW SPECIALISTS AS
JUDGE ADVOCATES.
(a) DEFINITIONS IN TITLE 10.—Section 801 of title 10, United
States Code, is amended—
(1) by striking paragraph (11); and
(2) in paragraph (13) by striking subparagraph (C) and
inserting the following:
‘‘(C) a commissioned officer of the Coast Guard des-
ignated for special duty (law).’’.
(b) CONFORMING AMENDMENTS.—
(1) TITLE 14.—Section 727 of title 14, United States Code,
is amended by striking ‘‘law specialist’’ and inserting ‘‘judge
advocate’’.
(2) SOCIAL SECURITY ACT.—Section 465(a)(2) of the Social
Security Act (42 U.S.C. 665(a)(2)) is amended by striking ‘‘law
specialist’’ and inserting ‘‘judge advocate’’.
TITLE III—SHIPPING AND NAVIGATION
SEC. 301. TREATMENT OF FERRIES AS PASSENGER VESSELS.
(a) FERRY DEFINED.—Section 2101 of title 46, United States
Code, is amended by inserting after paragraph (10a) the following:
‘‘(10b) ‘ferry’ means a vessel that is used on a regular
schedule—
‘‘(A) to provide transportation only between places that
are not more than 300 miles apart; and
‘‘(B) to transport only—
‘‘(i) passengers; or
‘‘(ii) vehicles, or railroad cars, that are being used,
or have been used, in transporting passengers or
goods.’’.
(b) PASSENGER VESSELS THAT ARE FERRIES.—Section 2101(22)
of title 46, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C)
and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(D) that is a ferry carrying a passenger.’’.
(c) SMALL PASSENGER VESSELS THAT ARE FERRIES.—Section
2101(35) of title 46, United States Code, is amended—
(1) by striking ‘‘or’’ at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D)
and inserting ‘‘; or’’; and
President.
Congress.
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(3) by adding at the end the following:
‘‘(E) that is a ferry carrying more than 6 passengers.’’.
SEC. 302. GREAT LAKES PILOTAGE ANNUAL RATEMAKING.
Section 9303 of title 46, United States Code, is amended—
(1) in subsection (f) by inserting at the end the following:
‘‘The Secretary shall establish new pilotage rates by March
1 of each year. The Secretary shall establish base pilotage
rates by a full ratemaking at least once every 5 years and
shall conduct annual reviews of such base pilotage rates, and
make adjustments to such base rates, in each intervening
year.’’; and
(2) by adding at the end the following:
‘‘(g) The Secretary shall ensure that a sufficient number of
individuals are assigned to carrying out subsection (f).’’.
SEC. 303. CERTIFICATION OF VESSEL NATIONALITY IN DRUG SMUG-
GLING CASES.
Section 3(c)(2) of the Maritime Drug Law Enforcement Act
(46 U.S.C. App. 1903(c)(2)) is amended by striking the last two
sentences and inserting the following: ‘‘The response of a foreign
nation to a claim of registry under subparagraph (A) or (C) may
be made by radio, telephone, or similar oral or electronic means,
and is conclusively proved by certification of the Secretary of State
or the Secretary’s designee.’’.
SEC. 304. LNG TANKERS.
(a) PROGRAM.—The Secretary of Transportation shall develop
and implement a program to promote the transportation of liquefied
natural gas to the United States on United States flag vessels.
(b) AMENDMENT TO DEEPWATER PORT ACT.—Section 4 of the
Deepwater Port Act of 1974 (33 U.S.C. 1503) is amended by adding
at the end the following:
‘‘(i) To promote the security of the United States, the Secretary
shall give top priority to the processing of a license under this
Act for liquefied natural gas facilities that will be supplied with
liquefied natural gas by United States flag vessels.’’.
(c) PUBLIC NOTICE OF LNG VESSEL’S REGISTRY AND CREW.—
(1) PLAN
SUBMITTED
WITH
APPLICATION
FOR
DEEPWATER
PORT LICENSE.—Section 5(c)(2) of the Deepwater Port Act of
1974 (33 U.S.C. 1504(c)(2)) is amended—
(A) by redesignating subparagraphs (K) and (L) as
subparagraphs (L) and (M), respectively; and
(B) by inserting after subparagraph (J) the following:
‘‘(K) the nation of registry for, and the nationality
or citizenship of officers and crew serving on board, vessels
transporting natural gas that are reasonably anticipated
to be servicing the deepwater port;’’.
(2) INFORMATION TO BE PROVIDED.—When the Coast Guard
is operating as a contributing agency in the Federal Energy
Regulatory Commission’s shoreside licensing process for a lique-
fied natural gas or liquefied petroleum gas terminal located
on shore or within State seaward boundaries, the Coast Guard
shall provide to the Commission the information described in
section 5(c)(2)(K) of the Deepwater Port Act of 1974 (33 U.S.C.
1504(c)(2)(K)) with respect to vessels reasonably anticipated
to be servicing that port.
33 USC 1504
note.
33 USC 1503
note.
Deadlines.
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(d) REPORT.—Not later than 6 months after the date of enact-
ment of this Act, the Secretary of the department in which the
Coast Guard is operating shall submit a report on the implementa-
tion 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 mis-
sions of the Coast Guard’’.
SEC. 306. ENHANCED CIVIL PENALTIES FOR VIOLATIONS OF PROVI-
SIONS 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 Transpor-
tation Security Act of 2004 (118 Stat. 1078), relating to civil penalty,
is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘Any’’;
(2) by striking ‘‘violation.’’ and inserting ‘‘day during which
the violation continues.’’; and
(3) by adding at the end the following:
‘‘(b) CONTINUING VIOLATIONS.—The maximum amount of a civil
penalty for a violation under this section shall not exceed $50,000.’’.
(b) APPLICATION OF CIVIL PENALTY PROCEDURES.—Section 2107
of title 46, United States Code, is amended by striking ‘‘this subtitle’’
each place it appears and inserting ‘‘this subtitle or subtitle VII’’.
SEC. 307. TRAINING OF CADETS AT UNITED STATES MERCHANT
MARINE ACADEMY.
Section 1303(f) of the Merchant Marine Act, 1936 (46 App.
U.S.C. 1295b(f)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3)
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(4) on any other vessel considered by the Secretary to
be necessary or appropriate or in the national interest.’’.
SEC. 308. REPORTS FROM MORTGAGEES OF VESSELS.
Section 12120 of title 46, United States Code, is amended
by striking ‘‘owners, masters, and charterers’’ and inserting ‘‘owners,
masters, charterers, and mortgagees’’.
SEC. 309. DETERMINATION OF THE SECRETARY.
Section 70105(c) of title 46, United States Code, is amended—
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following:
‘‘(3) DENIAL OF WAIVER REVIEW.—
‘‘(A) IN
GENERAL.—The Secretary shall establish a
review process before an administrative law judge for
individuals denied a waiver under paragraph (2).
‘‘(B) SCOPE OF REVIEW.—In conducting a review under
the process established pursuant to subparagraph (A), the
Deadline.
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administrative law judge shall be governed by the stand-
ards of section 706 of title 5. The substantial evidence
standard in section 706(2)(E) of title 5 shall apply whether
or not there has been an agency hearing. The judge shall
review all facts on the record of the agency.
‘‘(C) CLASSIFIED
EVIDENCE.—The Secretary, in con-
sultation with the National Intelligence Director, shall
issue regulations to establish procedures by which the Sec-
retary, as part of a review conducted under this paragraph,
may provide to the individual adversely affected by the
determination an unclassified summary of classified evi-
dence upon which the denial of a waiver by the Secretary
was based.
‘‘(D) REVIEW OF CLASSIFIED EVIDENCE BY ADMINISTRA-
TIVE 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 Sec-
retary 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 EVI-
DENCE.—As part of a review conducted under this para-
graph and upon the request of the individual adversely
affected by the decision of the Secretary not to grant
a waiver, the Secretary shall provide to the individual
and reviewing administrative law judge, consistent
with the procedures established under clause (i), an
unclassified summary of any classified information
upon which the decision of the Secretary was based.
‘‘(E) NEW EVIDENCE.—The Secretary shall establish a
process under which an individual may submit a new
request for a waiver, notwithstanding confirmation by the
administrative law judge of the Secretary’s initial denial
of the waiver, if the request is supported by substantial
evidence that was not available to the Secretary at the
time the initial waiver request was denied.’’.
SEC. 310. SETTING, RELOCATING, AND RECOVERING ANCHORS.
Section 12105 of title 46, United States Code, is amended
by adding at the end the following:
‘‘(c)(1) Only a vessel for which a certificate of documentation
with a registry endorsement is issued may engage in—
‘‘(A) the setting, relocation, or recovery of the anchors or
other mooring equipment of a mobile offshore drilling unit
that is located over the outer Continental Shelf (as defined
Regulations.
Procedures.
Applicability.
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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 sub-
section, 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 meas-
ured under section 14302 of this title as prescribed by the
Secretary under section 14104 of this title.
‘‘(B) A vessel engaged in the Aleutian trade that is not
more than 2,500 gross tons as measured under section 14302
of this title.’’.
(b) OTHER INSPECTION EXEMPTION AND WATCH REQUIREMENT.—
Paragraphs (3)(B) and (4) of section 3302(c) of title 46, United
States Code, and section 8104(o) of that title are each amended
by striking ‘‘or an alternate tonnage measured under section 14302
of this title as prescribed by the Secretary under section 14104
of this title’’ and inserting ‘‘or less than 500 gross tons as measured
under section 14502 of this title, or is less than 2,500 gross tons
as measured under section 14302 of this title’’.
SEC. 312. RIDING GANGS.
(a) IN GENERAL.—Chapter 81 of title 46, United States Code,
is amended by adding at the end the following:
‘‘§ 8106. Riding gangs
‘‘(a) IN GENERAL.—The owner or managing operator of a freight
vessel of the United States on voyages covered by the International
Convention for Safety of Life at Sea, 1974 (32 UST 47m) shall—
‘‘(1) ensure that—
‘‘(A) subject to subsection (d), each riding gang member
on the vessel—
‘‘(i) is a United States citizen or an alien lawfully
admitted to the United States for permanent residence;
or
‘‘(ii) possesses a United States nonimmigrant visa
for individuals desiring to enter the United States
temporarily for business, employment-related and per-
sonal identifying information, and any other docu-
mentation 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—
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‘‘(A) the owner or managing operator attests in a certifi-
cate that the background of each riding gang member has
been examined and found to be free of any credible informa-
tion 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 man-
aging 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, Cer-
tification, 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
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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 ship-
yard.
‘‘(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 mem-
bers 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 perma-
nent residence shall be counted against the limitation.
‘‘(d) EXCEPTIONS FOR WARRANTY WORK.—
‘‘(1) IN GENERAL.—Subsections (b), (c), (e), and (f) do not
apply to a riding gang member employed exclusively to perform,
and who performs only, work that is—
‘‘(A) customarily performed by original equipment
manufacturers’ technical representatives;
‘‘(B) required by a manufacturer’s warranty on specific
machinery and equipment; or
‘‘(C) required by a contractual guarantee or warranty
on actual repairs performed in a shipyard located outside
of the United States.
‘‘(2) 
CITIZENSHIP
REQUIREMENT.—Subsection 
(a)(1)(A)
applies only to a riding gang member described in paragraph
(1) who is on the vessel when it calls at a United States
port.
‘‘(e) RECORDKEEPING.—In addition to the requirements of sub-
section (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 Sec-
retary, 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 estab-
lished by the Secretary to carry out section 8103(b)(3)(C), that
there is not a sufficient number of United States citizens or
Applicability.
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individuals lawfully admitted to the United States for perma-
nent 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 punish-
able 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 Sec-
retary may compromise, modify, or remit, with or without condi-
tions, 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.’’.
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(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 sub-
section, 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.
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PUBLIC LAW 109–241—JULY 11, 2006
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 humani-
tarian 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 Adminis-
tration and other agencies of the Department funds appropriated
as authorized under this section in order to reimburse the Coast
Guard for related expenses.
SEC. 404. LONG-RANGE VESSEL TRACKING SYSTEM.
(a) PILOT PROJECT.—The Secretary of the department in which
the Coast Guard is operating, acting through the Commandant
of the Coast Guard, shall conduct a 3-year pilot program for long-
range tracking of up to 2,000 vessels using satellite systems with
a nonprofit maritime organization that has a demonstrated capa-
bility of operating a variety of satellite communications systems
providing data to vessel tracking software and hardware that pro-
vides long-range vessel information to the Coast Guard to aid
maritime security and response to maritime emergencies.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary $4,000,000 for each of fiscal
years 2006, 2007, and 2008 to carry out subsection (a).
SEC. 405. MARINE VESSEL AND COLD WATER SAFETY EDUCATION.
The Coast Guard shall continue cooperative agreements and
partnerships with organizations in effect on the date of enactment
of this Act that provide marine vessel safety training and cold
water immersion education and outreach programs for fishermen
and children.
SEC. 406. REPORTS.
(a) ADEQUACY OF ASSETS.—
(1) REVIEW.—The Commandant of the Coast Guard shall
review the adequacy of assets and facilities described in sub-
section (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 Infrastruc-
ture of the House of Representatives a report that includes
the findings of the review and any recommendations to enhance
14 USC 93 note.
46 USC 70115
note.
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PUBLIC LAW 109–241—JULY 11, 2006
mission capabilities in those areas referred to in paragraph
(1).
(b) AREAS OF REVIEW.—The report under subsection (a) shall
provide information and recommendations on the following assets:
(1) Coast Guard vessels and aircraft stationed in the
Commonwealth of Puerto Rico.
(2) Coast Guard vessels and aircraft stationed in the State
of Louisiana along the Lower Mississippi River between the
Port of New Orleans and the Red River.
(3) Coast Guard vessels and aircraft stationed in Coast
Guard Sector Delaware Bay.
(4) Physical infrastructure at Boat Station Cape May in
the State of New Jersey.
(c) ADEQUACY OF ACTIVE-DUTY STRENGTH.—
(1) REVIEW.—The Commandant of the Coast Guard shall
review the adequacy of the strength of active-duty personnel
authorized under section 102(a) of this Act to carry out the
Coast Guard’s missions, including search and rescue, illegal
drug and migrant interdiction, aids to navigation, ports, water-
ways, 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 Infrastruc-
ture of the House of Representatives a report that includes
the findings of the review.
SEC. 407. CONVEYANCE OF DECOMMISSIONED COAST GUARD CUTTER
MACKINAW.
(a) IN GENERAL.—Upon the scheduled decommissioning of the
Coast Guard Cutter MACKINAW, the Commandant of the Coast
Guard shall convey without consideration all right, title, and
interest of the United States in and to that vessel to the Icebreaker
Mackinaw Maritime Museum, Inc., located in the State of Michigan
if—
(1) the recipient agrees—
(A) to use the vessel for purposes of a museum;
(B) not to use the vessel for commercial transportation
purposes;
(C) to make the vessel available to the United States
Government if needed for use by the Commandant in time
of war or a national emergency; and
(D) to hold the Government harmless for any claims
arising from exposure to hazardous materials, including
asbestos and polychlorinated biphenyls (PCBs), after
conveyance of the vessel, except for claims arising from
the use by the Government under subparagraph (C);
(2) the recipient has funds available that will be committed
to operate and maintain the vessel conveyed in good working
condition, in the form of cash, liquid assets, or a written loan
commitment, and in an amount of at least $700,000; and
(3) the recipient agrees to any other conditions the Com-
mandant considers appropriate.
(b) MAINTENANCE AND DELIVERY OF VESSEL.—
Icebreaker
Mackinaw
Maritime
Museum, Inc.
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(1) MAINTENANCE.—Before conveyance of the vessel under
this section, the Commandant shall make, to the extent prac-
tical 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 decommis-
sioned Coast Guard vessels for use to enhance the vessel’s oper-
ability and function for purposes of a museum.
SEC. 408. DEEPWATER REPORTS.
(a) ANNUAL DEEPWATER IMPLEMENTATION REPORT.—Not later
than 30 days after the date of enactment of this Act and in conjunc-
tion 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 pro-
gram, including—
(A) any changes to the timeline for the acquisition
of each new asset and the phase out of legacy assets for
the life of the Deepwater program; and
(B) any changes to the costs for that fiscal year or
future fiscal years or the total costs of the Deepwater
program, including the costs of new and legacy assets;
(4) a justification for how any change to the Deepwater
program fulfills the mission needs statement for the Deepwater
program and performance goals of the Coast Guard;
(5) an identification of how funds in that fiscal year’s
budget request will be allocated, including information on the
purchase of specific assets;
(6) a detailed explanation of how the costs of the legacy
assets are being accounted for within the Deepwater program;
(7) a description of how the Coast Guard is planning for
the integration of Deepwater program assets into the Coast
Guard, including needs related to shore-based infrastructure
and human resources; and
14 USC 663 note.
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(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 acquisi-
tion 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 asso-
ciated 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 Infrastruc-
ture of the House of Representatives a report on the status of
the Coast Guard’s implementation of the Government Account-
ability 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
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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 sub-
section (a) on acquisitions from nondomestic sources, including
major components or subsystems;
(2) industrial impact on the United States of such addi-
tional 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 enact-
ment 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 Transpor-
tation 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 New-
town 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 enact-
ment 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 Cen-
ters; and
(2) the costs associated with implementing such technology
at all Sector Command Centers, Joint Harbor Operations Cen-
ters, and strategic defense and energy dependent ports.
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SEC. 412. ASSESSMENT AND PLANNING.
There is authorized to be appropriated to the Maritime
Administration $400,000 to carry out an assessment of, and plan-
ning 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 ice-
breaker 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 enact-
ment of this Act, the Commandant shall report the findings of
the study to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
SEC. 414. NAVIGATIONAL SAFETY OF CERTAIN FACILITIES.
(a) CONSIDERATION OF ALTERNATIVES.—In reviewing a lease,
easement, or right-of-way for an offshore wind energy facility in
Nantucket Sound under section 8(p) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1337(p)), not later than 60 days before the
date established by the Secretary of the Interior for publication
of a draft environmental impact statement, the Commandant of
the Coast Guard shall specify the reasonable terms and conditions
the Commandant determines to be necessary to provide for naviga-
tional safety with respect to the proposed lease, easement, or right-
of-way and each alternative to the proposed lease, easement, or
right-of-way considered by the Secretary.
(b) INCLUSION
OF NECESSARY TERMS
AND CONDITIONS.—In
granting a lease, easement, or right-of-way for an offshore wind
energy facility in Nantucket Sound under section 8(p) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1337(p)), the Secretary
shall incorporate in the lease, easement, or right-of-way reasonable
terms and conditions the Commandant determines to be necessary
to provide for navigational safety.
SEC. 415. PORT RICHMOND.
The Secretary of the department in which the Coast Guard
is operating, acting through the Commandant of the Coast Guard,
may not approve a security plan under section 70103(c) of title
46, United States Code, for a liquefied natural gas import facility
at Port Richmond in Philadelphia, Pennsylvania, until the Secretary
conducts a vulnerability assessment under section 70102(b) of such
title.
SEC. 416. WESTERN ALASKA COMMUNITY DEVELOPMENT QUOTA PRO-
GRAM.
(a) RESTATEMENT OF EXISTING PROGRAM INCORPORATING CER-
TAIN 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:
Pennsylvania.
Deadline.
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PUBLIC LAW 109–241—JULY 11, 2006
‘‘(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
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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-
Establishment.
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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
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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
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PUBLIC LAW 109–241—JULY 11, 2006
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.
16 USC 1855
note.
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PUBLIC LAW 109–241—JULY 11, 2006
(c) SAVINGS PROVISION.—Nothing in this section affects the
authority of the North Pacific Fishery Management Council to
submit, and the Secretary of Commerce to implement, changes
to or repeal of conservation and management measures under 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).
Deadlines.
Grants.
Deadline.
Deadline.
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PUBLIC LAW 109–241—JULY 11, 2006
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.
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PUBLIC LAW 109–241—JULY 11, 2006
(d) EXPIRATION.—This section expires 48 months after the date
of enactment of this Act.
(e) REPORTS.—On March 1, 2007, and annually thereafter until
the date of expiration of this section, the Coast Guard and the
National Marine Fisheries Service shall submit a report to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committees on Transportation and Infrastructure and
Resources of the House of Representatives, providing the following
information on the United States purse seine fleet referred to in
subsection (a):
(1) The number and identity of vessels in the fleet using
foreign citizens to meet manning requirements pursuant to
this section and any marine casualties involving such vessel.
(2) The number of vessels in the fishery under United
States flag as of January 1 of the year in which the report
is submitted, the percentage ownership or control of such 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.
Alaska.
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(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.
Deadline.
Deadline.
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(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
Deadline.
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PUBLIC LAW 109–241—JULY 11, 2006
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
16 USC 668dd
note.
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PUBLIC LAW 109–241—JULY 11, 2006
beginning due South (magnetic) a distance of 700 feet, more or
less, to the shoreline of Apalachee Bay, comprising 8.0 acres, more
or less, as shown on the plat dated January 2, 1902, by Office
of L. H. Engineers, 7th and 8th District, Mobile, Alabama.
(c) TRANSFER OF ADMINISTRATIVE JURISDICTION.—
(1) IN GENERAL.—Subject to subsection (f) and paragraph
(2), administrative jurisdiction over the public land described
in subsection (b), and over all improvements located thereon,
is transferred without reimbursement from the department in
which the Coast Guard is operating to the Secretary of the
Interior.
(2) RESPONSE AND RESTORATION.—The transfer under 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
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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
33 USC 1232b.
33 USC 2701
note.
Delaware River
Protection Act
of 2006.
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‘‘(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.
33 USC 2704
note.
President.
Regulations.
Deadline.
33 USC 2704
note.
33 USC 2704.
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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’’.
33 USC 2762.
Deadline.
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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
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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
Federal Register,
publication.
Deadline.
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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—
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(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
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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
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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.—
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(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
14 USC 92 note.
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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.
Deadline.
Reports.
16 USC 1828.
16 USC 1861
note.
14 USC 92 note.
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PUBLIC LAW 109–241—JULY 11, 2006
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.—
Effective date.
33 USC 1321 and
note.
Effective date.
46 USC 7302 and
note.
Effective date.
46 USC 4508 and
note.
Effective date.
33 USC 1223 and
note.
Effective date.
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PUBLIC LAW 109–241—JULY 11, 2006
(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:
46 USC 70101
et seq.
46 USC 70101.
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PUBLIC LAW 109–241—JULY 11, 2006
‘‘SEC. 103. ANNUAL REPORT ON DRUG INTERDICTION.
‘‘Not later than 30 days after the end of each fiscal year,
the Secretary of the department in which the Coast Guard is
operating shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on 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’’.
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120 STAT. 567
PUBLIC LAW 109–241—JULY 11, 2006
(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
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PUBLIC LAW 109–241—JULY 11, 2006
inserting ‘‘Secretary of the Department in which the Coast Guard
is operating’’.
(j) ANCHORAGE GROUNDS.—Section 7 of the Rivers and Harbors
Appropriations Act of 1915 (33 U.S.C. 471) is amended by striking
‘‘of Transportation’’ in each place it appears and inserting ‘‘of 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’’.
33 USC 494.
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120 STAT. 569
PUBLIC LAW 109–241—JULY 11, 2006
LEGISLATIVE HISTORY—H.R. 889 (S. 1280):
HOUSE REPORTS: Nos. 109–204, Pt. 1 (Comm. on Transportation and Infrastruc-
ture) 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.
(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.’’.
Approved July 11, 2006.
Certification.
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