[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 889 Enrolled Bill (ENR)]
H.R.889
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
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,

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

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The table of contents for this Act is as follows:

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449d07e7bfd9f22922223da4f02154c9314339c92a9b1a5903acd70288b4d603

TITLE II

-COAST GUARD

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by the Coast Guard and Maritime Transportation Act of 2004.

35411ce6f6e54989d0faa25e94dc4b4fa4805d8ca1fa7606dda23aa910e84870

TITLE III

-SHIPPING AND NAVIGATION

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TITLE IV

-MISCELLANEOUS

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TITLE V

-LIGHTHOUSES

the navigable waters of the United States.

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TITLE VI

-DELAWARE RIVER PROTECTION AND MISCELLANEOUS OIL PROVISIONS

36d0225d6babcc3e6e198e33ec2e76c740fd40adc5a3ebb0e08db4fc4ac22839

TITLE VII

-HURRICANE RESPONSE

certificates of registry, and merchant mariners' documents.

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TITLE VIII

-OCEAN COMMISSION RECOMMENDATIONS

Department of Transportation; related matters.

8644de3649a79b2f4b282e90febae45e64293cf289d10807ebba15dca078594d

TITLE IX

-TECHNICAL CORRECTIONS

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

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TITLE I

-AUTHORIZATION

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

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

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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.

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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.''.

10bfb5c0d7767131d5b441ab1ca036d6b84474711e46d7ce40b4f2cb00aab426

(a) In General.--Section 149 of title 14, United States Code, is
amended--
(1) by amending the section heading to read as follows:
``Sec. 149. Assistance to foreign governments and maritime
authorities'';
(2) by inserting before the undesignated text the following:
``(a) Detail of Members to Assist Foreign Governments.--''; and
(3) by adding at the end the following new subsection:
``(b) Technical Assistance to Foreign Maritime Authorities.--The
Commandant, in coordination with the Secretary of State, may provide,
in conjunction with regular Coast Guard operations, technical
assistance (including law enforcement and maritime safety and security
training) to foreign navies, coast guards, and other maritime
authorities.''.
(b) Clerical Amendment.--The item relating to such section in the
analysis at the beginning of chapter 7 of such title is amended to read
as follows:
``149. Assistance to foreign governments and maritime authorities''.

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

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(a) Band Director Appointment and Grade.--Section 336 of title 14,
United States Code, is amended--
(1) in subsection (b)--
(A) by striking the first sentence and inserting the
following: ``The Secretary may designate as the director any
individual determined by the Secretary to possess the necessary
qualifications.''; and
(B) in the second sentence, by striking ``a member so
designated'' and inserting ``an individual so designated'';
(2) in subsection (c)--
(A) by striking ``of a member'' and inserting ``of an
individual''; and
(B) by striking ``of lieutenant (junior grade) or
lieutenant'' and inserting ``determined by the Secretary to be
most appropriate to the qualifications and experience of the
appointed individual'';
(3) in subsection (d) by striking ``A member'' and inserting
``An individual''; and
(4) in subsection (e)--
(A) by striking ``When a member's designation is revoked,''
and inserting ``When an individual's designation is revoked,'';
and
(B) by striking ``option:'' and inserting ``option--''.
(b) Current Director.--The individual serving as Coast Guard band
director on the date of enactment of this Act may be immediately
promoted to a commissioned grade, not to exceed captain, determined by
the Secretary of the department in which the Coast Guard is operating
to be most appropriate to the qualifications and experience of that
individual.

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(a) In General.--Chapter 17 of title 14, United States Code, is
amended by adding at the end the following new section:
``Sec. 677. Turnkey selection procedures
``(a) Authority to Use.--The Secretary may use one-step turnkey
selection procedures for the purpose of entering into contracts for
construction projects.
``(b) Definitions.--In this section, the following definitions
apply:
``(1) The term `one-step turnkey selection procedures' means
procedures used for the selection of a contractor on the basis of
price and other evaluation criteria to perform, in accordance with
the provisions of a firm fixed-price contract, both the design and
construction of a facility using performance specifications
supplied by the Secretary.
``(2) The term `construction' includes the construction,
procurement, development, conversion, or extension of any facility.
``(3) The term `facility' means a building, structure, or other
improvement to real property.''.
(b) Clerical Amendment.--The analysis at the beginning of such
chapter is amended by inserting after the item relating to section 676
the following:
``677. Turnkey selection procedures''.

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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.''.

74471fceac9edec291712ae1dcfebfa50920be6139d1e1c814d078d95e7e7d74

Section 724 of title 14, United States Code, is amended--
(1) in subsection (a) by inserting after the first sentence the
following: ``Reserve officers on an active-duty list shall not be
counted as part of the authorized number of officers in the
Reserve.''; and
(2) in subsection (b) by striking all that precedes paragraph
(2) and inserting the following:
``(b)(1) The Secretary shall make, at least once each year, a
computation to determine the number of Reserve officers in an active
status authorized to be serving in each grade. The number in each grade
shall be computed by applying the applicable percentage to the total
number of such officers serving in an active status on the date the
computation is made. The number of Reserve officers in an active status
below the grade of rear admiral (lower half) shall be distributed by
pay grade so as not to exceed percentages of commissioned officers
authorized by section 42(b) of this title. When the actual number of
Reserve officers in an active status in a particular pay grade is less
than the maximum percentage authorized, the difference may be applied
to the number in the next lower grade. A Reserve officer may not be
reduced in rank or grade solely because of a reduction in an authorized
number as provided for in this subsection, or because an excess results
directly from the operation of law.''.

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GUARD MISSIONS.
(a) Use of Motorized Vehicles.--Section 826 of title 14, United
States Code, is amended--
(1) by inserting before the undesignated text the following:
``(a) Motor Boats, Yachts, Aircraft, and Radio Stations.--''; and
(2) by adding at the end the following new subsection:
``(b) Motor Vehicles.--The Coast Guard may utilize to carry out its
functions and duties as authorized by the Secretary any motor vehicle
(as defined in section 154 of title 23, United States Code) placed at
its disposition by any member of the Auxiliary, by any corporation,
partnership, or association, or by any State or political subdivision
thereof, to tow Federal Government property.''.
(b) Appropriations for Facilities.--Section 830(a) of such title is
amended by striking ``or radio station'' each place it appears and
inserting ``radio station, or motorized vehicle utilized under section
826(b)''.

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(a) Fellowships Authorized.--Chapter 9 of title 14, United States
Code, is amended by adding at the end the following:
``Sec. 198. Coast Guard history fellowships
``(a) Fellowships.--The Commandant of the Coast Guard may prescribe
regulations under which the Commandant may award fellowships in Coast
Guard history to individuals who are eligible under subsection (b).
``(b) Eligible Individuals.--An individual shall be eligible under
this subsection if the individual is a citizen or national of the
United States and--
``(1) is a graduate student in United States history;
``(2) has completed all requirements for a doctoral degree
other than preparation of a dissertation; and
``(3) agrees to prepare a dissertation in a subject area of
Coast Guard history determined by the Commandant.
``(c) Limitations.--The Commandant may award up to 2 fellowships
annually. The Commandant may not award any fellowship under this
section that exceeds $25,000 in any year.
``(d) Regulations.--The regulations prescribed under this section
shall include--
``(1) the criteria for award of fellowships;
``(2) the procedures for selecting recipients of fellowships;
``(3) the basis for determining the amount of a fellowship; and
``(4) subject to the availability of appropriations, the total
amount that may be awarded as fellowships during an academic
year.''.
(b) Clerical Amendment.--The analysis at the beginning of such
chapter is amended by adding at the end the following:
``198. Coast Guard history fellowships''.

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(a) Operation and Maintenance Plan.--Not later than 90 days after
the date of enactment of this Act, the Secretary of the department in
which the Coast Guard is operating shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
plan--
(1) for operation and maintenance after fiscal year 2006 of the
Coast Guard polar icebreakers POLAR STAR, POLAR SEA, and HEALY,
that does not rely on the transfer of funds to the Coast Guard by
any other Federal agency; and
(2) for the long-term recapitalization of these assets.
(b) Necessary Measures.--The Secretary shall take all necessary
measures to ensure that the Coast Guard maintains, at a minimum, its
current vessel capacity for carrying out ice breaking in the Arctic and
Antarctic, Great Lakes, and New England regions, including the
necessary funding for operation and maintenance of such vessels, until
it has implemented the long-term recapitalization of the Coast Guard
polar icebreakers POLAR STAR, POLAR SEA, and HEALY in accordance with
the plan submitted under subsection (a).
(c) Reimbursement.--Nothing in this section shall preclude the
Secretary from seeking reimbursement for operation and maintenance
costs of such polar icebreakers from other Federal agencies and
entities, including foreign countries, that benefit from the use of the
icebreakers.
(d) Authorization of Appropriations.--There is authorized to be
appropriated for fiscal year 2006 to the Secretary of the department in
which the Coast Guard is operating $100,000,000 to carry out this
section with respect to the polar icebreakers referred to in subsection
(a).

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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''.

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The Commandant of the Coast Guard may not move any Coast Guard
personnel, property, or other assets to the West Campus of St.
Elizabeth's Hospital until the Administrator of General Services
submits to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Environment and Public Works of the
Senate a plan--
(1) to provide road access to the site from Interstate Route
295;
(2) for the design of facilities for at least one Federal
agency other than the Coast Guard that would house no fewer than
2,000 employees at such location;
(3) to provide transportation of employees and visitors to and
from sites in the District of Columbia metropolitan area that are
located within close proximity to St. Elizabeth's Hospital;
(4) for the construction, facade, and layout of the proposed
structures, including security considerations, parking facilities,
medical facilities, dining facilities, and physical exercise
facilities on the West Campus;
(5) that analyzes the costs of building restrictions, planning
considerations, and permitting requirements of constructing new
facilities on or near historic landmarks and historic buildings
(especially those known to possess medical waste, lead paint, and
asbestos);
(6) that analyzes the feasibility of relocating Coast Guard
Headquarters--
(A) to the Department of Transportation Headquarters
located at L'Enfant Plaza;
(B) to the Waterfront Mall Complex in Southwest District of
Columbia; and
(C) to 3 alternative sites requiring either new
construction or leasing of current facilities (other than those
referred to in subparagraphs (A) and (B)) within the District
of Columbia metropolitan area that accommodate the Coast
Guard's minimum square footage requirements; and
(7) that analyzes how a potential move to the West Campus of
St. Elizabeth's Hospital would impact--
(A) the Coast Guard's ability to access and cooperatively
work with the Department of Homeland Security and the other
Federal agencies of the Department; and
(B) plans under consideration for relocating all or parts
of the headquarters of the Department of Homeland Security and
other offices of the Department.

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

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

974d8a641ed9024f6d9c88e0489f73a53f2fec03385df7ec3e68ba018be4ea54

(a) In General.--Subchapter A of chapter 11 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 216. Director of Boating Safety Office
``The initial appointment of the Director of the Boating Safety
Office shall be in the grade of Captain.''.
(b) Clerical Amendment.--The analysis for such chapter is amended
by inserting after the item relating to section 215 the following:
``216. Director of Boating Safety Office''.

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

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(a) In General.--Section 211(a) of title 14, United States Code, is
amended to read as follows:
``(a)(1) The President may appoint permanent commissioned officers
in the Regular Coast Guard in grades appropriate to their
qualification, experience, and length of service, as the needs of the
Coast Guard may require, from among the following categories:
``(A) Graduates of the Coast Guard Academy.
``(B) Commissioned warrant officers, warrant officers, and
enlisted members of the Regular Coast Guard.
``(C) Members of the Coast Guard Reserve who have served at
least 2 years as such.
``(D) Licensed officers of the United States merchant marine
who have served 2 or more years aboard a vessel of the United
States in the capacity of a licensed officer.
``(2) Original appointments under this section in the grades of
lieutenant commander and above shall be made by the President by and
with the advice and consent of the Senate.
``(3) Original appointments under this section in the grades of
ensign through lieutenant shall be made by the President alone.''.
(b) Wartime Temporary Service Promotion.--Section 275(f) of such
title is amended by striking the second and third sentences and
inserting ``Original appointments under this section in the grades of
lieutenant commander and above shall be made by the President by and
with the advice and consent of the Senate. Original appointments under
this section in the grades of ensign through lieutenant shall be made
by the President alone.''.

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ADVOCATES.
(a) Definitions in Title 10.--Section 801 of title 10, United
States Code, is amended--
(1) by striking paragraph (11); and
(2) in paragraph (13) by striking subparagraph (C) and
inserting the following:
``(C) a commissioned officer of the Coast Guard designated
for special duty (law).''.
(b) Conforming Amendments.--
(1) Title 14.--Section 727 of title 14, United States Code, is
amended by striking ``law specialist'' and inserting ``judge
advocate''.
(2) Social security act.--Section 465(a)(2) of the Social
Security Act (42 U.S.C. 665(a)(2)) is amended by striking ``law
specialist'' and inserting ``judge advocate''.

10f33b8f181c4eb8d73f2a5d7ff2a5ab0c582f40071f154b8c8bcff046b0e781

(a) Ferry Defined.--Section 2101 of title 46, United States Code,
is amended by inserting after paragraph (10a) the following:
``(10b) `ferry' means a vessel that is used on a regular
schedule--
``(A) to provide transportation only between places that
are not more than 300 miles apart; and
``(B) to transport only--
``(i) passengers; or
``(ii) vehicles, or railroad cars, that are being used,
or have been used, in transporting passengers or goods.''.
(b) Passenger Vessels That Are Ferries.--Section 2101(22) of title
46, United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C) and
inserting ``; or''; and
(3) by adding at the end the following:
``(D) that is a ferry carrying a passenger.''.
(c) Small Passenger Vessels That Are Ferries.--Section 2101(35) of
title 46, United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (C);
(2) by striking the period at the end of subparagraph (D) and
inserting ``; or''; and
(3) by adding at the end the following:
``(E) that is a ferry carrying more than 6 passengers.''.

71d422d903686bbfab852ffd1c127b356a9dc7019cbe600eb5c45949ecb1906c

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).''.

5b7eac75df27b1ec008f5675b07a05b0c1de27005064a38a563f9a66653cfb2f

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.''.

a656068b20e330771d3aa5149d8881acd134b0fe3e28fca3e36eea64285b2513

(a) Program.--The Secretary of Transportation shall develop and
implement a program to promote the transportation of liquefied natural
gas to the United States on United States flag vessels.
(b) Amendment to Deepwater Port Act.--Section 4 of the Deepwater
Port Act of 1974 (33 U.S.C. 1503) is amended by adding at the end the
following:
``(i) To promote the security of the United States, the Secretary
shall give top priority to the processing of a license under this Act
for liquefied natural gas facilities that will be supplied with
liquefied natural gas by United States flag vessels.''.
(c) Public Notice of LNG Vessel's Registry and Crew.--
(1) Plan submitted with application for deepwater port
license.--Section 5(c)(2) of the Deepwater Port Act of 1974 (33
U.S.C. 1504(c)(2)) is amended--
(A) by redesignating subparagraphs (K) and (L) as
subparagraphs (L) and (M), respectively; and
(B) by inserting after subparagraph (J) the following:
``(K) the nation of registry for, and the nationality or
citizenship of officers and crew serving on board, vessels
transporting natural gas that are reasonably anticipated to be
servicing the deepwater port;''.
(2) Information to be provided.--When the Coast Guard is
operating as a contributing agency in the Federal Energy Regulatory
Commission's shoreside licensing process for a liquefied natural
gas or liquefied petroleum gas terminal located on shore or within
State seaward boundaries, the Coast Guard shall provide to the
Commission the information described in section 5(c)(2)(K) of the
Deepwater Port Act of 1974 (33 U.S.C. 1504(c)(2)(K)) with respect
to vessels reasonably anticipated to be servicing that port.
(d) Report.--Not later than 6 months after the date of enactment of
this Act, the Secretary of the department in which the Coast Guard is
operating shall submit a report on the implementation of this section
to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives.

195a0c49acf24dcc3f261a5c0d0921795180c493b7bd113082980386d64b0a02

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

dcdc68f08f81515eacf297d50a6d79bca25017a8cae4419a72a6eae0c9d3a90c

BY THE COAST GUARD AND MARITIME TRANSPORTATION ACT OF
2004.
(a) Continuing Violations.--The section enumerated 70119 of title
46, United States Code, as redesignated and transferred by section
802(a)(1) of the Coast Guard and Maritime Transportation Security Act
of 2004 (118 Stat. 1078), relating to civil penalty, is amended--
(1) by inserting ``(a) In General.--'' before ``Any'';
(2) by striking ``violation.'' and inserting ``day during which
the violation continues.''; and
(3) by adding at the end the following:
``(b) Continuing Violations.--The maximum amount of a civil penalty
for a violation under this section shall not exceed $50,000.''.
(b) Application of Civil Penalty Procedures.--Section 2107 of title
46, United States Code, is amended by striking ``this subtitle'' each
place it appears and inserting ``this subtitle or subtitle VII''.

441411d616707d690237083dbe653d5778c7e69607d6501a7aaed40c204ea846

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.''.

620476e40c4cea54618210e6ddd176e9a291165791f37f8d6c128528adae280b

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

881f1a4d610b76353aac83f5c56e181e6484e2791a97f8f2401750ffe40eff94

Section 70105(c) of title 46, United States Code, is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs (4)
and (5), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) Denial of waiver review.--
``(A) In general.--The Secretary shall establish a review
process before an administrative law judge for individuals
denied a waiver under paragraph (2).
``(B) Scope of review.--In conducting a review under the
process established pursuant to subparagraph (A), the
administrative law judge shall be governed by the standards of
section 706 of title 5. The substantial evidence standard in
section 706(2)(E) of title 5 shall apply whether or not there
has been an agency hearing. The judge shall review all facts on
the record of the agency.
``(C) Classified evidence.--The Secretary, in consultation
with the National Intelligence Director, shall issue
regulations to establish procedures by which the Secretary, as
part of a review conducted under this paragraph, may provide to
the individual adversely affected by the determination an
unclassified summary of classified evidence upon which the
denial of a waiver by the Secretary was based.
``(D) Review of classified evidence by administrative law
judge.--
``(i) Review.--As part of a review conducted under this
section, if the decision of the Secretary was based on
classified information (as defined in section 1(a) of the
Classified Information Procedures Act (18 U.S.C. App.)),
such information may be submitted by the Secretary to the
reviewing administrative law judge, pursuant to appropriate
security procedures, and shall be reviewed by the
administrative law judge ex parte and in camera.
``(ii) Security clearances.--Pursuant to existing
procedures and requirements, the Secretary, in coordination
(as necessary) with the heads of other affected departments
or agencies, shall ensure that administrative law judges
reviewing negative waiver decisions of the Secretary under
this paragraph possess security clearances appropriate for
such review.
``(iii) Unclassified summaries of classified
evidence.--As part of a review conducted under this
paragraph and upon the request of the individual adversely
affected by the decision of the Secretary not to grant a
waiver, the Secretary shall provide to the individual and
reviewing administrative law judge, consistent with the
procedures established under clause (i), an unclassified
summary of any classified information upon which the
decision of the Secretary was based.
``(E) New evidence.--The Secretary shall establish a
process under which an individual may submit a new request for
a waiver, notwithstanding confirmation by the administrative
law judge of the Secretary's initial denial of the waiver, if
the request is supported by substantial evidence that was not
available to the Secretary at the time the initial waiver
request was denied.''.

3809ee83a8c42c2cecc67a7b3e4e27a1f8db0c98d9f5cda3ee13b5d98bdaa925

Section 12105 of title 46, United States Code, is amended by adding
at the end the following:
``(c)(1) Only a vessel for which a certificate of documentation
with a registry endorsement is issued may engage in--
``(A) the setting, relocation, or recovery of the anchors or
other mooring equipment of a mobile offshore drilling unit that is
located over the outer Continental Shelf (as defined in section
2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)));
or
``(B) the transportation of merchandise or personnel to or from
a point in the United States from or to a mobile offshore drilling
unit located over the outer Continental Shelf that is not attached
to the seabed.
``(2) Nothing in paragraph (1) authorizes the employment in the
coastwise trade of a vessel that does not meet the requirements of
section 12106 of this title.''.

fca431a64df9544f37b7528ef6350acfddcbf2fb14280c4ed5f19209382b31e2

ALEUTIAN TRADE.
(a) General Inspection Exemption.--Section 3302(c)(2) of title 46,
United States Code, is amended to read as follows:
``(2) Except as provided in paragraphs (3) and (4) of this
subsection, the following fish tender vessels are exempt from section
3301(1), (6), (7), (11), and (12) of this title:
``(A) A vessel of not more than 500 gross tons as measured
under section 14502 of this title or an alternate tonnage measured
under section 14302 of this title as prescribed by the Secretary
under section 14104 of this title.
``(B) A vessel engaged in the Aleutian trade that is not more
than 2,500 gross tons as measured under section 14302 of this
title.''.
(b) Other Inspection Exemption and Watch Requirement.--Paragraphs
(3)(B) and (4) of section 3302(c) of title 46, United States Code, and
section 8104(o) of that title are each amended by striking ``or an
alternate tonnage measured under section 14302 of this title as
prescribed by the Secretary under section 14104 of this title'' and
inserting ``or less than 500 gross tons as measured under section 14502
of this title, or is less than 2,500 gross tons as measured under
section 14302 of this title''.

08f5669817bd722c9c9aca207c56071e2868a4a7b7f681315559548727f2cc10

(a) In General.--Chapter 81 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 8106. Riding gangs
``(a) In General.--The owner or managing operator of a freight
vessel of the United States on voyages covered by the International
Convention for Safety of Life at Sea, 1974 (32 UST 47m) shall--
``(1) ensure that--
``(A) subject to subsection (d), each riding gang member on
the vessel--
``(i) is a United States citizen or an alien lawfully
admitted to the United States for permanent residence; or
``(ii) possesses a United States nonimmigrant visa for
individuals desiring to enter the United States temporarily
for business, employment-related and personal identifying
information, and any other documentation required by the
Secretary;
``(B) all required documentation for such member is kept on
the vessel and available for inspection by the Secretary; and
``(C) each riding gang member is identified on the vessel's
crew list;
``(2) ensure that--
``(A) the owner or managing operator attests in a
certificate that the background of each riding gang member has
been examined and found to be free of any credible information
indicating a material risk to the security of the vessel, the
vessel's cargo, the ports the vessel visits, or other
individuals onboard the vessel;
``(B) the background check consisted of a search of all
information reasonably available to the owner or managing
operator in the riding gang member's country of citizenship and
any other country in which the riding gang member works,
receives employment referrals, or resides;
``(C) the certificate required under subparagraph (A) is
kept on the vessel and available for inspection by the
Secretary; and
``(D) the information derived from any such background
check is made available to the Secretary upon request;
``(3) ensure that each riding gang member, while on board the
vessel, is subject to the same random chemical testing and
reporting regimes as crew members;
``(4) ensure that each such riding gang member receives basic
safety familiarization and basic safety training approved by the
Coast Guard as satisfying the requirements for such training under
the International Convention of Training, Certification, and
Watchkeeping for Seafarers, 1978;
``(5) prevent from boarding the vessel, or cause the removal
from the vessel at the first available port, and disqualify from
future service on board any other vessel owned or operated by that
owner or operator, any riding gang member--
``(A) who has been convicted in any jurisdiction of an
offense described in paragraph (2) or (3) of section 7703;
``(B) whose license, certificate of registry, or merchant
mariner's document has been suspended or revoked under section
7704; or
``(C) who otherwise constitutes a threat to the safety of
the vessel;
``(6) ensure and certify to the Secretary that the sum of--
``(A) the number of riding gang members on board a freight
vessel, and
``(B) the number of individuals in addition to crew
permitted under section 3304,
does not exceed 12;
``(7) ensure that every riding gang member is employed on board
the vessel under conditions that meet or exceed the minimum
international standards of all applicable international labor
conventions to which the United States is a party, including all of
the merchant seamen protection and relief provided under United
States law; and
``(8) ensure that each riding gang member--
``(A) is supervised by an individual who holds a license
issued under chapter 71; and
``(B) only performs work in conjunction with individuals
who hold merchant mariners documents issued under chapter 73
and who are part of the vessel's crew.
``(b) Permitted Work.--Subject to subsection (f), a riding gang
member on board a vessel to which subsection (a) applies who is neither
a United States citizen nor an alien lawfully admitted to the United
States for permanent residence may not perform any work on board the
vessel other than--
``(1) work in preparation of a vessel entering a shipyard
located outside of the United States;
``(2) completion of the residual repairs after departing a
shipyard located outside of the United States; or
``(3) technical in-voyage repairs, in excess of any repairs
that can be performed by the vessel's crew, in order to advance the
vessel's useful life without having to actually enter a shipyard.
``(c) Workday Limit.--
``(1) In general.--The maximum number of days in any calendar
year that the owner or operator of a vessel to which subsection (a)
applies may employ on board riding gang members who are neither
United States citizens nor aliens lawfully admitted to the United
States for permanent residence for work on board that vessel is 60
days. If the vessel is at sea on the 60th day, each riding gang
member shall be discharged from the vessel at the next port of call
reached by the vessel after the date on which the 60-workday limit
is reached.
``(2) Calculation.--For the purpose of calculating the 60-
workday limit under this subsection, each day worked by a riding
gang member who is neither a United States citizen nor an alien
lawfully admitted to the United States for permanent residence
shall be counted against the limitation.
``(d) Exceptions for Warranty Work.--
``(1) In general.--Subsections (b), (c), (e), and (f) do not
apply to a riding gang member employed exclusively to perform, and
who performs only, work that is--
``(A) customarily performed by original equipment
manufacturers' technical representatives;
``(B) required by a manufacturer's warranty on specific
machinery and equipment; or
``(C) required by a contractual guarantee or warranty on
actual repairs performed in a shipyard located outside of the
United States.
``(2) Citizenship requirement.--Subsection (a)(1)(A) applies
only to a riding gang member described in paragraph (1) who is on
the vessel when it calls at a United States port.
``(e) Recordkeeping.--In addition to the requirements of subsection
(a), the owner or managing operator of a vessel to which subsection (a)
applies shall ensure that all information necessary to ensure
compliance with this section, as determined by the Secretary, is
entered into the vessel's official logbook required by chapter 113.
``(f) Failure to Employ Qualified Available U.S. Citizens or
Residents.--
``(1) In general.--The owner or operator of a vessel to which
subsection (a) applies may not employ a riding gang member who is
neither a United States citizen nor an alien lawfully admitted to
the United States for permanent residence to perform work described
in subsection (b) unless the owner or operator determines, in
accordance with procedures established by the Secretary to carry
out section 8103(b)(3)(C), that there is not a sufficient number of
United States citizens or individuals lawfully admitted to the
United States for permanent residence who are qualified and
available for the work for which the riding gang member is to be
employed.
``(2) Civil penalty.--A violation of paragraph (1) is
punishable by a civil penalty of not more than $10,000 for each day
during which the violation continues.
``(3) Continuing violations.--The maximum amount of a civil
penalty for a violation under this subsection shall not exceed--
``(A) $50,000 if the violation occurs in fiscal year 2006;
``(B) $75,000 if the violation occurs in fiscal year 2007;
and
``(C) $100,000 if the violation occurs after fiscal year
2007.
``(4) Determination of amount.--In determining the amount of
the penalty, the Secretary shall take into account the nature,
circumstances, extent, and gravity of the violation committed and,
with respect to the violator, the degree of culpability, the
history of prior offenses, the ability to pay, and such other
matters as justice may require.
``(5) Compromise, modification, and remittal.--The Secretary
may compromise, modify, or remit, with or without conditions, any
civil penalty imposed under this section.''.
(b) Riding Gang Member Defined.--Section 2101 of such title is
amended by inserting after paragraph (26) the following:
``(26a) `riding gang member' means an individual who--
``(A) has not been issued a merchant mariner document under
chapter 73;
``(B) does not perform--
``(i) watchstanding, automated engine room duty watch,
or personnel safety functions; or
``(ii) cargo handling functions, including any activity
relating to the loading or unloading of cargo, the
operation of cargo-related equipment (whether or not
integral to the vessel), and the handling of mooring lines
on the dock when the vessel is made fast or let go;
``(C) does not serve as part of the crew complement
required under section 8101;
``(D) is not a member of the steward's department; and
``(E) is not a citizen or temporary or permanent resident
of a country designated by the United States as a sponsor of
terrorism or any other country that the Secretary, in
consultation with the Secretary of State and the heads of other
appropriate United States agencies, determines to be a security
threat to the United States.''.
(c) Conforming Amendments.--
(1) Citizenship requirement.--Section 8103 of such title is
amended by adding at the end the following:
``(j) Riding Gang Member.--This section does not apply to an
individual who is a riding gang member.''.
(2) Application of chapter 103.--Section 10301(b) of such title
is amended by striking ``voyage.'' and inserting ``voyage or to
riding gang members.''.
(d) Clerical Amendment.--The analysis for chapter 81 of such title
is amended by adding at the end the following:
``8106. Riding gangs''.

945afeeb8e17873d43baf6626c1578da52c9f17784d56696627698a5e097bc13

PILOT PROGRAM.
(a) In General.--The Secretary of the department in which the Coast
Guard is operating may carry out a pilot program to establish and
maintain a junior reserve officers training program in cooperation with
the Camden County High School in Camden County, North Carolina.
(b) Program Requirements.--The pilot program carried out by the
Secretary under this section shall provide to students at Camden County
High School--
(1) instruction in subject areas relating to operations of the
Coast Guard; and
(2) training in skills which are useful and appropriate for a
career in the Coast Guard.
(c) Provision of Additional Support.--To carry out the pilot
program under this section, the Secretary may provide to Camden County
High School--
(1) assistance in course development, instruction, and other
support activities; and
(2) necessary and appropriate course materials, equipment, and
uniforms.
(d) Employment of Retired Coast Guard Personnel.--
(1) In general.--Subject to paragraph (2) of this subsection,
the Secretary may authorize the Camden County High School to
employ, as administrators and instructors for the pilot program,
retired Coast Guard and Coast Guard Reserve commissioned, warrant,
and petty officers not on active duty who request that employment
and who are approved by the Secretary and Camden County High
School.
(2) Authorized pay.--
(A) In general.--Retired members employed under paragraph
(1) of this subsection are entitled to receive their retired or
retainer pay and an additional amount of not more than the
difference between--
(i) the amount the individual would be paid as pay and
allowance if the individual was considered to have been
ordered to active duty during the period of employment; and
(ii) the amount of retired pay the individual is
entitled to receive during that period.
(B) Payment to school.--The Secretary shall pay to Camden
County High School an amount equal to one half of the amount
described in subparagraph (A), from funds appropriated for such
purpose.
(C) Not duty or duty training.--Notwithstanding any other
law, while employed under this subsection, an individual is not
considered to be on active-duty or inactive-duty training.

52aa4be37e13169a506bcf55fc05b056b7e8c9b4c62a336907354677c8b7aecc

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

4b7cfc5c8069f9228600cf09ecf20cc3ac739c7fe328f6025906e88479f87e5b

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

1fe7b50daf8c04787ae71629355e67d20687e92684ad7676c14154f4673083cf

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

7655f8bd22a27c6de93536919a5623c0de334f3c44edcf9327eac5e900b896e4

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.

842d1d7bf88c430fce20bdf3f2014db3da0ae96d767392ee5f83cef65ac8c99f

(a) Adequacy of Assets.--
(1) Review.--The Commandant of the Coast Guard shall review the
adequacy of assets and facilities described in subsection (b) to
carry out the Coast Guard's missions, including search and rescue,
illegal drug and migrant interdiction, aids to navigation, ports,
waterways and coastal security, marine environmental protection,
and fisheries law enforcement.
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that includes the findings of the review
and any recommendations to enhance mission capabilities in those
areas referred to in paragraph (1).
(b) Areas of Review.--The report under subsection (a) shall provide
information and recommendations on the following assets:
(1) Coast Guard vessels and aircraft stationed in the
Commonwealth of Puerto Rico.
(2) Coast Guard vessels and aircraft stationed in the State of
Louisiana along the Lower Mississippi River between the Port of New
Orleans and the Red River.
(3) Coast Guard vessels and aircraft stationed in Coast Guard
Sector Delaware Bay.
(4) Physical infrastructure at Boat Station Cape May in the
State of New Jersey.
(c) Adequacy of Active-Duty Strength.--
(1) Review.--The Commandant of the Coast Guard shall review the
adequacy of the strength of active-duty personnel authorized under
section 102(a) of this Act to carry out the Coast Guard's missions,
including search and rescue, illegal drug and migrant interdiction,
aids to navigation, ports, waterways, and coastal security, marine
environmental protection, and fisheries law enforcement.
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report that includes the findings of the review.

210b95cb04161dfba1f461eb4c57fe1da32d83764208cc230d18fb0c65fff2c5

(a) In General.--Upon the scheduled decommissioning of the Coast
Guard Cutter MACKINAW, the Commandant of the Coast Guard shall convey
without consideration all right, title, and interest of the United
States in and to that vessel to the Icebreaker Mackinaw Maritime
Museum, Inc., located in the State of Michigan if--
(1) the recipient agrees--
(A) to use the vessel for purposes of a museum;
(B) not to use the vessel for commercial transportation
purposes;
(C) to make the vessel available to the United States
Government if needed for use by the Commandant in time of war
or a national emergency; and
(D) to hold the Government harmless for any claims arising
from exposure to hazardous materials, including asbestos and
polychlorinated biphenyls (PCBs), after conveyance of the
vessel, except for claims arising from the use by the
Government under subparagraph (C);
(2) the recipient has funds available that will be committed to
operate and maintain the vessel conveyed in good working condition,
in the form of cash, liquid assets, or a written loan commitment,
and in an amount of at least $700,000; and
(3) the recipient agrees to any other conditions the Commandant
considers appropriate.
(b) Maintenance and Delivery of Vessel.--
(1) Maintenance.--Before conveyance of the vessel under this
section, the Commandant shall make, to the extent practical and
subject to other Coast Guard mission requirements, every effort to
maintain the integrity of the vessel and its equipment until the
time of delivery.
(2) Delivery.--If a conveyance is made under this section, the
Commandant shall deliver the vessel to a suitable mooring in the
local area, in its present condition, no sooner than June 15, 2006,
and not later than 30 days after the date on which the vessel is
decommissioned.
(3) Treatment of conveyance.--The conveyance of the vessel
under this section shall not be considered a distribution in
commerce for purposes of section 6(e) of Public Law 94-469 (15
U.S.C. 2605(e)).
(c) Other Excess Equipment.--The Commandant may convey to the
recipient any excess equipment or parts from other decommissioned Coast
Guard vessels for use to enhance the vessel's operability and function
for purposes of a museum.

2685f187416984b4a3867e8b85a3c11f5744d1af5156ce07da6b255451a3f885

(a) Annual Deepwater Implementation Report.--Not later than 30 days
after the date of enactment of this Act and in conjunction with the
transmittal by the President of the budget of the United States for
each fiscal year thereafter, the Secretary of the department in which
the Coast Guard is operating shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the implementation of the Integrated Deepwater Systems
Program, as revised in 2005 (in this section referred to as the
``Deepwater program''), that includes--
(1) a justification for how the projected number and
capabilities of each Deepwater program asset meets the revised
mission needs statement delivered as part of the Deepwater program
and the performance goals of the Coast Guard;
(2) a projection of the remaining operational lifespan of each
legacy asset;
(3) an identification of any changes to the Deepwater program,
including--
(A) any changes to the timeline for the acquisition of each
new asset and the phase out of legacy assets for the life of
the Deepwater program; and
(B) any changes to the costs for that fiscal year or future
fiscal years or the total costs of the Deepwater program,
including the costs of new and legacy assets;
(4) a justification for how any change to the Deepwater program
fulfills the mission needs statement for the Deepwater program and
performance goals of the Coast Guard;
(5) an identification of how funds in that fiscal year's budget
request will be allocated, including information on the purchase of
specific assets;
(6) a detailed explanation of how the costs of the legacy
assets are being accounted for within the Deepwater program;
(7) a description of how the Coast Guard is planning for the
integration of Deepwater program assets into the Coast Guard,
including needs related to shore-based infrastructure and human
resources; and
(8) a description of the competitive process conducted in all
contracts and subcontracts exceeding $2,500,000 awarded under the
Deepwater program.
(b) Deepwater Acceleration Report.--Not later than 30 days after
the date of enactment of this Act, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the House of
Representatives a report on the acceleration of the current Deepwater
program acquisition timeline that reflects completion of the Deepwater
program in each of 10 years and 15 years and includes--
(1) a detailed explanation of the number and type of each asset
that would be procured for each fiscal year under each accelerated
acquisition timeline;
(2) the required funding for such completion under each
accelerated acquisition timeline;
(3) anticipated costs associated with legacy asset sustainment
for the Deepwater program under each accelerated acquisition
timeline;
(4) anticipated mission deficiencies, if any, associated with
the continued degradation of legacy assets in combination with the
procurement of new assets under each accelerated acquisition
timeline; and
(5) an evaluation of the overall feasibility of achieving each
accelerated acquisition timeline, including--
(A) contractor capacity;
(B) national shipbuilding capacity;
(C) asset integration into Coast Guard facilities;
(D) required personnel; and
(E) training infrastructure capacity on technology
associated with new assets.
(c) Oversight Report.--Not later than 90 days after the date of
enactment of this Act, the Commandant of the Coast Guard, in
consultation with the Government Accountability Office, shall submit to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives a report on the status of the Coast Guard's
implementation of the Government Accountability Office's
recommendations in its report, GAO-04-380, entitled ``Coast Guard
Deepwater Program Needs Increased Attention to Management and
Contractor Oversight'', including the dates by which the Coast Guard
plans to complete implementation of such recommendations if any of such
recommendations remain open as of the date the report is transmitted to
the Committees.
(d) Independent Analysis of Revised Deepwater Plan.--The Secretary
may periodically, either through an internal review process or a
contract with an outside entity, conduct an analysis of all or part of
the Deepwater program and assess whether--
(1) the choice of assets and capabilities selected as part of
that program meets the Coast Guard's goals for performance and
minimizing total ownership costs; or
(2) additional or different assets should be considered as part
of that program.

27efaa1817e8cf5bff8a31d169d89762fb3c1c2ee7a0262f3ddd193a734433a5

(a) Study.--The Secretary of the department in which the Coast
Guard is operating shall conduct a study that analyses the potential
impact on Coast Guard acquisitions of requiring that the Coast Guard
acquire only helicopters, or any major component of a helicopter, that
are constructed in the United States.
(b) Study Elements.--The study shall include--
(1) identification of additional costs or added benefits that
would result from the additional restrictions described in
subsection (a) on acquisitions from nondomestic sources, including
major components or subsystems;
(2) industrial impact on the United States of such additional
restrictions on acquisitions from nondomestic sources;
(3) the contractual impact of such additional restrictions on
the Integrated Deepwater Systems Program and its platform elements,
including delivery interruptions in the program and the subsequent
mission impact of these delays; and
(4) identification of reasonable executive authorities to waive
such additional restrictions that the Secretary considers essential
in order to ensure continued mission performance of the United
States Coast Guard.
(c) Report.--Not later than one year after the date of enactment of
this Act, the Secretary shall submit a report on the results of the
study and any recommendations of the Secretary regarding such results
to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the House of
Representatives.

433ef08e689ff00e7651c1b3854d526bc0d8b7b7ca91de30a533684ad577ea32

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

6e2044e05bf45907e0e1d9d2db378a704dabe8735c5c8aa57797a2aeab04fdd8

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

c452bdf568dca2010234813d4e860fc55979a1139a76855c677264ba20252205

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

7481170e897d1bd59ade98e61d7030c1c1c6632149ea2bd159c2ad6d66c9eef3

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

4cebda261e32ffaf230ce595dcf9bb4f49b00ba626ef29f86a19be66b8a0c5a0

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

0595a5c77ef31b441b5cfe769823628518a400e85ad2fdd0894474453ce41639

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.

79822bcd00d86037c9e444607845411050fbeff8558117a0e68169a970605c11

(a) Restatement of Existing Program Incorporating Certain
Provisions of Regulations.--Section 305(i) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1855(i)) is amended
by striking paragraph (1) and inserting the following:
``(1) Western alaska community development quota program.--
``(A) In general.--There is established the western Alaska
community development quota program in order--
``(i) to provide eligible western Alaska villages with
the opportunity to participate and invest in fisheries in
the Bering Sea and Aleutian Islands Management Area;
``(ii) to support economic development in western
Alaska;
``(iii) to alleviate poverty and provide economic and
social benefits for residents of western Alaska; and
``(iv) to achieve sustainable and diversified local
economies in western Alaska.
``(B) Program allocation.--
``(i) In general.--Except as provided in clause (ii),
the annual percentage of the total allowable catch,
guideline harvest level, or other annual catch limit
allocated to the program in each directed fishery of the
Bering Sea and Aleutian Islands shall be the percentage
approved by the Secretary, or established by Federal law,
as of March 1, 2006, for the program. The percentage for
each fishery shall be either a directed fishing allowance
or include both directed fishing and nontarget needs based
on existing practice with respect to the program as of
March 1, 2006, for each fishery.
``(ii) Exceptions.--Notwithstanding clause (i)--
``(I) the allocation under the program for each
directed fishery of the Bering Sea and Aleutian Islands
(other than a fishery for halibut, sablefish, pollock,
and crab) shall be a directed fishing allocation of 10
percent upon the establishment of a quota program,
fishing cooperative, sector allocation, or other
rationalization program in any sector of the fishery;
and
``(II) the allocation under the program in any
directed fishery of the Bering Sea and Aleutian Islands
(other than a fishery for halibut, sablefish, pollock,
and crab) established after the date of enactment of
this subclause shall be a directed fishing allocation
of 10 percent.
``(iii) Processing and other rights.--Allocations to
the program include all processing rights and any other
rights and privileges associated with such allocations as
of March 1, 2006.
``(iv) Regulation of harvest.--The harvest of
allocations under the program for fisheries with individual
quotas or fishing cooperatives shall be regulated by the
Secretary in a manner no more restrictive than for other
participants in the applicable sector, including with
respect to the harvest of nontarget species.
``(C) Allocations to entities.--Each entity eligible to
participate in the program shall be authorized under the
program to harvest annually the same percentage of each species
allocated to the program under subparagraph (B) that it was
authorized by the Secretary to harvest of such species annually
as of March 1, 2006, except to the extent that its allocation
is adjusted under subparagraph (H). Such allocation shall
include all processing rights and any other rights and
privileges associated with such allocations as of March 1,
2006.
``(D) Eligible villages.--The following villages shall be
eligible to participate in the program through the following
entities:
``(i) The villages of Akutan, Atka, False Pass, Nelson
Lagoon, Nikolski, and Saint George through the Aleutian
Pribilof Island Community Development Association.
``(ii) The villages of Aleknagik, Clark's Point,
Dillingham, Egegik, Ekuk, Ekwok, King Salmon/Savonoski,
Levelock, Manokotak, Naknek, Pilot Point, Port Heiden,
Portage Creek, South Naknek, Togiak, Twin Hills, and
Ugashik through the Bristol Bay Economic Development
Corporation.
``(iii) The village of Saint Paul through the Central
Bering Sea Fishermen's Association.
``(iv) The villages of Chefornak, Chevak, Eek, Goodnews
Bay, Hooper Bay, Kipnuk, Kongiganak, Kwigillingok,
Mekoryuk, Napakiak, Napaskiak, Newtok, Nightmute,
Oscarville, Platinum, Quinhagak, Scammon Bay, Toksook Bay,
Tuntutuliak, and Tununak through the Coastal Villages
Region Fund.
``(v) The villages of Brevig Mission, Diomede, Elim,
Gambell, Golovin, Koyuk, Nome, Saint Michael, Savoonga,
Shaktoolik, Stebbins, Teller, Unalakleet, Wales, and White
Mountain through the Norton Sound Economic Development
Corporation.
``(vi) The villages of Alakanuk, Emmonak, Grayling,
Kotlik, Mountain Village, and Nunam Iqua through the Yukon
Delta Fisheries Development Association.
``(E) Eligibility requirements for participating
entities.--To be eligible to participate in the program, an
entity referred to in subparagraph (D) shall meet the following
requirements:
``(i) Board of directors.--The entity shall be governed
by a board of directors. At least 75 percent of the members
of the board shall be resident fishermen from the entity's
member villages. The board shall include at least one
director selected by each such member village.
``(ii) Panel representative.--The entity shall elect a
representative to serve on the panel established by
subparagraph (G).
``(iii) Other investments.--The entity may make up to
20 percent of its annual investments in any combination of
the following:
``(I) For projects that are not fishery-related and
that are located in its region.
``(II) On a pooled or joint investment basis with
one or more other entities participating in the program
for projects that are not fishery-related and that are
located in one or more of their regions.
``(III) For matching Federal or State grants for
projects or programs in its member villages without
regard to any limitation on the Federal or State share,
or restriction on the source of any non-Federal or non-
State matching funds, of any grant program under any
other provision of law.
``(iv) Fishery-related investments.--The entity shall
make the remainder percent of its annual investments in
fisheries-related projects or for other purposes consistent
with the practices of the entity prior to March 1, 2006.
``(v) Annual statement of compliance.--Each year the
entity, following approval by its board of directors and
signed by its chief executive officer, shall submit a
written statement to the Secretary and the State of Alaska
that summarizes the purposes for which it made investments
under clauses (iii) and (iv) during the preceding year.
``(vi) Other panel requirements.--The entity shall
comply with any other requirements established by the panel
under subparagraph (G).
``(F) Entity status, limitations, and regulation.--The
entity--
``(i) shall be subject to any excessive share
ownership, harvesting, or processing limitations in the
fisheries of the Bering Sea and Aleutian Islands Management
Area only to the extent of the entity's proportional
ownership, excluding any program allocations, and
notwithstanding any other provision of law;
``(ii) shall comply with State of Alaska law requiring
annual reports to the entity's member villages summarizing
financial operations for the previous calendar year,
including general and administrative 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 through
recommendations to the North Pacific Council, the
Secretary, or the State of Alaska, as the case may be;
and
``(II) coordinate and facilitate activities of the
entities under the program.
``(iv) Unanimity required.--The panel may act only by
unanimous vote of all 6 members of the panel and may not
act if there is a vacancy in the membership of the panel.
``(H) Decennial review and adjustment of entity
allocations.--
``(i) In general.--During calendar year 2012 and every
10 years thereafter, the State of Alaska shall evaluate the
performance of each entity participating in the program
based on the criteria described in clause (ii).
``(ii) Criteria.--The panel shall establish a system to
be applied under this subparagraph that allows each entity
participating in the program to assign relative values to
the following criteria to reflect the particular needs of
its villages:
``(I) Changes during the preceding 10-year period
in population, poverty level, and economic development
in the entity's member villages.
``(II) The overall financial performance of the
entity, including fishery and nonfishery investments by
the entity.
``(III) Employment, scholarships, and training
supported by the entity.
``(IV) Achieving of the goals of the entity's
community development plan.
``(iii) Adjustment of allocations.--After the
evaluation required by clause (i), the State of Alaska
shall make a determination, on the record and after an
opportunity for a hearing, with respect to the performance
of each entity participating in the program for the
criteria described in clause (ii). If the State determines
that the entity has maintained or improved its overall
performance with respect to the criteria, the allocation to
such entity under the program shall be extended by the
State for the next 10-year period. If the State determines
that the entity has not maintained or improved its overall
performance with respect to the criteria--
``(I) at least 90 percent of the entity's
allocation for each species under subparagraph (C)
shall be extended by the State for the next 10-year
period; and
``(II) the State may determine, or the Secretary
may determine (if State law prevents the State from
making the determination), and implement an appropriate
reduction of up to 10 percent of the entity's
allocation for each species under subparagraph (C) for
all or part of such 10-year period.
``(iv) Reallocation of reduced amount.--If the State or
the Secretary reduces an entity's allocation under clause
(iii), the reduction shall be reallocated among other
entities participating in the program whose allocations are
not reduced during the same period in proportion to each
such entity's allocation of the applicable species under
subparagraph (C).
``(I) Secretarial approval not required.--Notwithstanding
any other provision of law or regulation thereunder, the
approval by the Secretary of a community development plan, or
an amendment thereof, under the program is not required.
``(J) Community development plan defined.--In this
paragraph, the term `community development plan' means a plan,
prepared by an entity referred to in subparagraph (D), for the
program that describes how the entity intends--
``(i) to harvest its share of fishery resources
allocated to the program, or
``(ii) to use its share of fishery resources allocated
to the program, and any revenue derived from such use, to
assist its member villages with projects to advance
economic development,
but does not include a plan that allocates fishery resources to
the program.''.
(b) No Interruption of Existing Allocations.--The amendment made by
subsection (a) shall not be construed or implemented in a way that
causes any interruption in the allocations of fishery resources to the
western Alaska community development quota program or in the
opportunity of an entity participating in that program to harvest its
share of such allocations.
(c) Loan Subsidies.--The last proviso under the heading ``National
Oceanic and Atmospheric Administration--operations, research, and
facilities'' in the Science, State, Justice, Commerce, and Related
Agencies Appropriations Act, 2006 (Public Law 109-108; 119 Stat. 2311-
2312) is amended--
(1) by striking ``for the cost of loans'' and inserting ``to
subsidize gross obligations for the principal amount of direct
loans, not to exceed a total of $200,000,000,''; and
(2) by striking ``use'' and inserting ``the purchase of all or
part of ownership interests in fishing or processing vessels,
shoreside fish processing facilities, permits, quota, and
cooperative rights''.

52c528995860c420c5e920f172f9e954f0298266c08961dcbc3a5274dc29cde2

(a) In General.-- The Secretary of Commerce shall modify the
Voluntary Three-Pie Cooperative Program for crab fisheries of the
Bering Sea and Aleutian Islands being implemented under section 313(j)
of the Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1862(j)) to require that Blue Dutch, LLC, receives processor
quota shares units equal to 0.75 percent of the total number of
processor quota share units for each of the following fisheries: the
Bristol Bay red king crab fishery and the Bering Sea C. opilio crab
fishery.
(b) Applicability.--The modification made under subsection (a)
shall apply with respect to each fishery referred to in subsection (a)
whenever the total allowable catch for that fishery is more than 2
percent higher than the most recent total allowable catch in effect for
that fishery prior to September 15, 2005.
(c) Savings Provision.--Nothing in this section affects the
authority of the North Pacific Fishery Management Council to submit,
and the Secretary of Commerce to implement, changes to or repeal of
conservation and management measures under section 313(j)(3)) of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1862(j)(3)).
(d) Regulations.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Commerce shall issue
regulations to implement this section.

897d1bbd9edf03479d3a48db209339753b4f5732cb1200f558d100c81d675a40

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

e4f7290f6f8c185a2b3923bee7e27ee6ed2a5ff492e0b311550eecda98580a5d

(a) Prevention of Harmful Interference.--Not later than 60 days
after the date of enactment of this Act, the Secretary of the
department in which the Coast Guard is operating, acting through the
Commandant of the Coast Guard, may transfer $1,000,000 to the National
Telecommunications and Information Administration of the Department of
Commerce for the purposes of awarding, not later than 120 days after
such date of enactment, a competitive grant to design and develop a
prototype device that integrates a Class B Automatic Identification
System transponder (International Electrotechnical Commission standard
62287) with a wireless maritime data device approved by the Federal
Communications Commission with channel throughput greater than 19.2
kilobits per second to enable such wireless maritime data device to
provide wireless maritime data services, concurrent with the operation
of the transponder, on frequency channels adjacent to the frequency
channels on which the transponder operates, while minimizing or
eliminating the harmful interference between the transponder and such
wireless maritime data device. The design of the device developed under
this subsection shall be available for public use.
(b) Implementation of AIS.--It is the sense of the Senate, not
later than 60 days after the date of enactment of this Act, that the
Federal Communications Commission should resolve the disposition of its
rulemaking on the Automatic Information System and licensee use of
frequency bands 157.1875-157.4375 MHz and 161.7875-162.0375 MHz (RM-
10821, WT Docket Number 04-344). The implementation of this section
shall not delay the implementation of an Automatic Identification
System as required by section 70114 of title 46, United States Code,
and international convention.

04ebf8ae7d76c3ca34e63967157ee78f1363d5eea9d27fcef175b25044b51c26

(a) Study.--The Secretary of the department in which the Coast
Guard is operating shall study--
(1) the carriage of a voyage data recorder by a passenger
vessel described in section 2101(22)(D) of title 46, United States
Code, carrying more than 399 passengers; and
(2) standards for voyage data recorders, methods for approval
of models of voyage data recorders, and procedures for annual
performance testing of voyage data recorders.
(b) Consultation.--In conducting the study, the Secretary shall
consult, at a minimum, with manufacturers of voyage data recorders and
operators of potentially affected passenger vessels.
(c) Report.--Not later than one year after the date of enactment of
this Act, the Secretary shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the study's findings, including a proposal for legislation if
such a proposal is considered appropriate by the Secretary.

c23951930e1e3971d8c9a0fadeed6b7890639d31f109acaeb85d6f203d857d0e

(a) Manning Requirements.--Notwithstanding section 8103(a) of title
46, United States Code, United States purse seine fishing vessels
fishing exclusively for highly migratory species in the treaty area
under a fishing license issued pursuant to the 1987 Treaty on Fisheries
Between the Governments of Certain Pacific Islands States and the
Government of the United States of America, or transiting to or from
the treaty area exclusively for such purpose, may engage foreign
citizens to meet the manning requirement (except for the master) in the
48-month period beginning on the date of enactment of this Act if,
after timely notice of a vacancy to meet the manning requirement, no
United States citizen personnel are readily available to fill such
vacancy.
(b) Licensing Restrictions.--
(1) In general.--Subsection (a)(1) only applies to a foreign
citizen that holds a valid license or certificate issued--
(A) in accordance with the standards established by the
1995 amendments to the Convention on Standards of Training,
Certification and Watchkeeping for Seafarers, 1978 (STCW 95);
and
(B) by an authority that the Secretary of the department in
which the Coast Guard is operating recognizes as imposing
competency and training standards equivalent to or exceeding
those required for a United States license issued under chapter
71 of title 46, United States Code.
(2) Treatment of equivalent license.--An equivalent license or
certificate as recognized by the Secretary under paragraph (1)
shall be considered as meeting the requirements of section 8304 of
title 46, United States Code, but only while a person holding the
license or certificate is in the service of a vessel to which this
section applies.
(c) Limitation.--Subsection (a) applies only to vessels operating
in and out of American Samoa.
(d) Expiration.--This section expires 48 months after the date of
enactment of this Act.
(e) Reports.--On March 1, 2007, and annually thereafter until the
date of expiration of this section, the Coast Guard and the National
Marine Fisheries Service shall submit a report to the Committee on
Commerce, Science, and Transportation of the Senate and the Committees
on Transportation and Infrastructure and Resources of the House of
Representatives, providing the following information on the United
States purse seine fleet referred to in subsection (a):
(1) The number and identity of vessels in the fleet using
foreign citizens to meet manning requirements pursuant to this
section and any marine casualties involving such vessel.
(2) The number of vessels in the fishery under United States
flag as of January 1 of the year in which the report is submitted,
the percentage ownership or control of such vessels by non-United
States citizens, and the nationality of such ownership or control.
(3) Description of any transfers or sales of United States flag
vessels in the previous calendar year, and the disposition of such
vessel, including whether the vessel was scrapped or sold, and, if
sold, the nationality of the new owner and location of any fishery
to which the vessel will be transferred.
(4) Landings of tuna by vessels under flag in the 2 previous
calendar years, including an assessment of landing trends, and a
description of landing percentages and totals--
(A) delivered to American Samoa and any other port in a
State or territory of the United States; and
(B) delivered to ports outside of a State or territory of
the United States, including the identity of the port.
(5) An evaluation of capacity and trends in the purse seine
fleet fishing in the area covered by the South Pacific Regional
Fisheries Treaty, and any transfer of capacity from such fleet or
area to other fisheries, including those governed under the Western
and Central Pacific Fisheries Convention and the Inter-American
Tropical Tuna Convention.

997e0ad079579313dac65d0fa8adaeb55467927746d64e25583ef675cac15be9

(a) Jurisdictional Transfers.--Administrative jurisdiction over the
National Forest System lands in the State of Alaska described in
subsection (b) and improvements situated on such lands is transferred
without consideration from the Secretary of Agriculture to the
Secretary of the department in which the Coast Guard is operating.
(b) Areas Referred To.--The areas of lands referred to in
subsection (a) are the following:
(1) Guard island light station.--The area described in the
Guard Island Lighthouse reserve dated January 4, 1901, comprising
approximately 8.0 acres of National Forest uplands.
(2) Eldred rock light station.--The area described in the
December 30, 1975, listing of the Eldred Rock Light Station on the
National Register of Historic Places, comprising approximately 2.4
acres.
(3) Mary island light station.--The area described as the
remaining National Forest System uplands in the Mary Island
Lighthouse Reserve dated January 4, 1901, as amended by Public Land
Order 6964, dated April 5, 1993, comprising approximately 1.07
acres.
(4) Cape hinchinbrook light station.--The area described in the
survey dated November 1, 1957, prepared for the Coast Guard for the
Cape Hinchinbrook Light Station comprising approximately 57.4
acres.
(c) Maps.--The Commandant of the Coast Guard, in consultation with
the Secretary of Agriculture, shall prepare and maintain maps of the
lands transferred by subsection (a), and such maps shall be on file and
available for public inspection in the Coast Guard District 17 office
in Juneau, Alaska.
(d) Effect of Transfer.--The lands transferred to the Secretary of
the department in which the Coast Guard is operating by subsection
(a)--
(1) shall be administered by the Commandant of the Coast Guard;
(2) shall be considered to be transferred from, and no longer
part of, the National Forest System; and
(3) shall be considered not suitable for return to the public
domain for disposition under the general public land laws.
(e) Transfer of Land.--
(1) Requirement.--Subject to paragraph (2), the Administrator
of General Services, upon request by the Secretary of Agriculture,
shall transfer without consideration to the Secretary of
Agriculture any land identified in subsection (b), together with
the improvements thereon, for administration under the laws
pertaining to the National Forest System if--
(A) the Secretary of the Interior cannot identify and
select an eligible entity for such land and improvements in
accordance with section 308(b)(2) of the National Historic
Preservation Act (16 U.S.C. 470w-7(b)(2)) not later than 3
years after the date the Secretary of the department in which
the Coast Guard is operating determines that the land is excess
property, as that term is defined in section 102(3) of title
40, United States Code; or
(B) the land reverts to the United States pursuant to
section 308(c)(3) of the National Historic Preservation Act (16
U.S.C. 470w-7(c)(3)).
(2) Reservations for aids to navigation.--Any action taken
under this subsection by the Administrator of General Services
shall be subject to any rights that may be reserved by the
Commandant of the Coast Guard for the operation and maintenance of
Federal aids to navigation.
(f) Notification; Disposal of Lands by the Administrator.--The
Administrator of General Services shall promptly notify the Secretary
of Agriculture upon the occurrence of any of the events described in
subparagraphs (A) and (B) of subsection (e)(1). If the Secretary of
Agriculture does not request a transfer as provided for in subsection
(e) not later than 90 days after the date of receiving such
notification from the Administrator, the Administrator may dispose of
the property in accordance with section 309 of the National Historic
Preservation Act (16 U.S.C. 470w-8) or other applicable surplus real
property disposal authority.
(g) Priority.--In selecting an eligible entity to which to convey
under section 308(b) of the National Historic Preservation Act (16
U.S.C. 470w-7(b)) land referred to in subsection (b), the Secretary of
the Interior shall give priority to an eligible entity (as defined in
section 308(e) of that Act) that is the local government of the
community in which the land is located.

7986d9c098b7c0713fd7f5c6afcca9411c3266626e3b8f9916aced89ec9759c6

(a) Requirement to Transfer.--Notwithstanding section 308(b) of the
National Historic Preservation Act (16 U.S.C. 470w-7(b)), if the
Secretary of the department in which the Coast Guard is operating
determines that the Tree Point Light Station is no longer needed for
the purposes of the Coast Guard, the Secretary shall transfer without
consideration to the Secretary of Agriculture all administrative
jurisdiction over the Tree Point Light Station.
(b) Effectuation of Transfer.--The transfer pursuant to this
section shall be effectuated by a letter from the Secretary of the
department in which the Coast Guard is operating to the Secretary of
Agriculture and, except as provided in subsection (g), without any
further requirements for administrative or environmental analyses or
examination. The transfer shall not be considered a conveyance to an
eligible entity pursuant to section 308(b) of the National Historic
Preservation Act (16 U.S.C. 470w-7(b)).
(c) Reservation for Aids to Navigation.--As part of the transfer
pursuant to this section, the Commandant of the Coast Guard may reserve
rights to operate and maintain Federal aids to navigation at the site
of the light station.
(d) Easements and Special Use Authorizations.--Notwithstanding any
other provision of law, including the Wilderness Act (16 U.S.C. 1131 et
seq.) and section 703 of the Alaska National Interests Lands
Conservation Act (16 U.S.C. 1132 note; 94 Stat. 2418), with respect to
the light station transferred pursuant to this section, the Secretary
of Agriculture--
(1) may identify an entity to be granted an easement or other
special use authorization and, in identifying the entity, may
consult with the Secretary of the Interior concerning the
application of policies for eligible entities developed pursuant to
subsection 308(b)(1) of the National Historic Preservation Act (16
U.S.C. 470w-7(b)(1)); and
(2) may grant an easement or other special use authorization to
the entity, for no consideration, to approximately 31 acres as
described in the map entitled ``Tree Point Light Station'', dated
September 24, 2004, on terms and conditions that provide for--
(A) maintenance and preservation of the structures and
improvements;
(B) the protection of wilderness and national monument
resources;
(C) public safety; and
(D) such other terms and conditions considered appropriate
by the Secretary of Agriculture.
(e) Actions Following Termination or Revocation.--The Secretary of
Agriculture may take such actions as are authorized under section
110(b) of the National Historic Preservation Act (16 U.S.C. 470h-2(b))
with respect to Tree Point Light Station if--
(1) no entity is identified under subsection (d) within 3 years
after the date on which administrative jurisdiction is transferred
to the Secretary of Agriculture pursuant to this section; or
(2) any easement or other special use authorization granted
under subsection (d) is terminated or revoked.
(f) Revocation of Withdrawals and Reservations.--Effective on the
date of transfer of administrative jurisdiction pursuant to this
section, the following public land withdrawals or reservations for
light station and lighthouse purposes on lands in Alaska are revoked as
to the lands transferred:
(1) The unnumbered Executive Order dated January 4, 1901, as it
affects the Tree Point Light Station site only.
(2) Executive Order No. 4410 dated April 1, 1926, as it affects
the Tree Point Light Station site only.
(g) Remediation Responsibilities not Affected.--Nothing in this
section shall affect any responsibilities of the Commandant of the
Coast Guard for the remediation of hazardous substances and petroleum
contamination at the Tree Point Light Station consistent with existing
law and regulations. The Commandant and the Secretary shall execute an
agreement to provide for the remediation of the land and structures at
the Tree Point Light Station.

f8512c81b9800c0c8fa5013cb878fa63f153258924f89ade0460c62fa9e7839a

(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''.

29534c65b06d07b9aeb41eab5ac3297e6897a7240c10916e38460e7f6d417ed3

REFUGE, FLORIDA.
(a) Revocation of Executive Order Dated November 12, 1838.--Any
reservation of public land described in subsection (b) for lighthouse
purposes by the Executive Order dated November 12, 1838, as amended by
Public Land Order 5655, dated January 9, 1979, is revoked.
(b) Description of Land.--The public land referred to in subsection
(a) consists of approximately 8.0 acres within the external boundaries
of St. Marks National Wildlife Refuge in Wakulla County, Florida, that
is east of the Tallahassee Meridian, Florida, in Township 5 South,
Range 1 East, Section 1 (fractional) and containing all that remaining
portion of the unsurveyed fractional section, more particularly
described as follows: A parcel of land, including submerged areas,
beginning at a point which marks the center of the light structure,
thence due North (magnetic) a distance of 350 feet to the point of
beginning a strip of land 500 feet in width, the axial centerline of
which runs from the point of beginning due South (magnetic) a distance
of 700 feet, more or less, to the shoreline of Apalachee Bay,
comprising 8.0 acres, more or less, as shown on the plat dated January
2, 1902, by Office of L. H. Engineers, 7th and 8th District, Mobile,
Alabama.
(c) Transfer of Administrative Jurisdiction.--
(1) In general.--Subject to subsection (f) and paragraph (2),
administrative jurisdiction over the public land described in
subsection (b), and over all improvements located thereon, is
transferred without reimbursement from the department in which the
Coast Guard is operating to the Secretary of the Interior.
(2) Response and restoration.--The transfer under paragraph (1)
may not be made to the Secretary of the Interior until the Coast
Guard has completed any response and restoration action necessary
under subsection (d)(1).
(d) Responsibility for Environmental Response Actions.--The Coast
Guard shall have sole responsibility in the Federal Government to fund
and conduct any response or restoration action required under any
applicable Federal or State law or implementing regulation to address--
(1) a release or threatened release on or originating from
public land described in subsection (b) of any hazardous substance,
pollutant, contaminant, petroleum, or petroleum product or
derivative that is located on such land on the date of enactment of
this Act; or
(2) any other release or threatened release on or originating
from public land described in subsection (b) of any hazardous
substance, pollutant, contaminant, petroleum, or petroleum product
or derivative, that results from any Coast Guard activity occurring
after the date of enactment of this Act.
(e) Inclusion in Refuge.--
(1) Inclusion.--The public land described in subsection (b)
shall be part of St. Marks National Wildlife Refuge.
(2) Administration.--Subject to this subsection, the Secretary
of the Interior shall administer the public land described in
subsection (b)--
(A) through the Director of the United States Fish and
Wildlife Service; and
(B) in accordance with the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd et seq.) and such
other laws as apply to Federal real property under the sole
jurisdiction of the United States Fish and Wildlife Service.
(f) Maintenance of Navigation Functions.--The transfer by
subsection (c), and the administration of the public land described in
subsection (b), shall be subject to such conditions and restrictions as
the Secretary of the department in which the Coast Guard is operating
considers necessary to ensure that--
(1) the Federal aids to navigation located at St. Marks
National Wildlife Refuge continue to be operated and maintained by
the Coast Guard for as long as they are needed for navigational
purposes;
(2) the Coast Guard may remove, replace, or install any Federal
aid to navigation at the St. Marks National Wildlife Refuge as may
be necessary for navigational purposes;
(3) the United States Fish and Wildlife Service will not
interfere or allow interference in any manner with any Federal aid
to navigation, and will not hinder activities required for the
operation and maintenance of any Federal aid to navigation, without
express written approval by the Secretary of the department in
which the Coast Guard is operating; and
(4) the Coast Guard may enter, at any time, the St. Marks
National Wildlife Refuge, without notice, for purposes of
operating, maintaining, and inspecting any Federal aid to
navigation and ensuring compliance with this subsection, to the
extent that it is not possible to provide advance notice.

db47e3056d0ec57d86fa9d9b3450dffc6a6f637541088a307d5a55c7b968e6ca

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

ebf127cd9e282dea997633ff158eddf59456833af61ede0083a19df70945717b

THE NAVIGABLE WATERS OF THE UNITED STATES.
The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) is
amended by adding at the end the following:
``SEC. 15. REQUIREMENT TO NOTIFY COAST GUARD OF RELEASE OF OBJECTS INTO
THE NAVIGABLE WATERS OF THE UNITED STATES.
``(a) Requirement.--As soon as a person has knowledge of any
release from a vessel or facility into the navigable waters of the
United States of any object that creates an obstruction prohibited
under section 10 of the Act of March 3, 1899, popularly known as the
Rivers and Harbors Appropriations Act of 1899 (33 U.S.C. 403), such
person shall notify the Secretary and the Secretary of the Army of such
release.
``(b) Restriction on Use of Notification.--Any notification
provided by an individual in accordance with subsection (a) may not be
used against such individual in any criminal case, except a prosecution
for perjury or for giving a false statement.''.

85fb02780bed2623f53c3e9f5eaa229df7a3bf9bbb83d4d68006e7f629a76664

(a) Adjustment of Liability Limits.--
(1) Tank vessels.--Section 1004(a)(1) of the Oil Pollution Act
of 1990 (33 U.S.C. 2704(a)(1)) is amended by striking subparagraphs
(A) and (B) and inserting the following:
``(A) with respect to a single-hull vessel, including a
single-hull vessel fitted with double sides only or a double
bottom only, $3,000 per gross ton;
``(B) with respect to a vessel other than a vessel referred
to in subparagraph (A), $1,900 per gross ton; or
``(C)(i) with respect to a vessel greater than 3,000 gross
tons that is--
``(I) a vessel described in subparagraph (A),
$22,000,000; or
``(II) a vessel described in subparagraph (B),
$16,000,000; or
``(ii) with respect to a vessel of 3,000 gross tons or less
that is--
``(I) a vessel described in subparagraph (A),
$6,000,000; or
``(II) a vessel described in subparagraph (B),
$4,000,000;''.
(2) Other vessels.--Section 1004(a)(2) of such Act (33 U.S.C.
2794(a)(2)) is amended--
(A) by striking ``$600 per gross ton'' and inserting ``$950
per gross ton''; and
(B) by striking ``$500,000'' and inserting ``$800,000,''.
(3) Limitation on application.--In the case of an incident
occurring before the 90th day following the date of enactment of
this Act, section 1004(a)(1) of the Oil Pollution Act of 1990 (33
U.S.C. 2704(a)(1)) shall apply as in effect immediately before the
effective date of this subsection.
(b) Adjustment to Reflect Consumer Price Index.--Section 1004(d)(4)
of the Oil Pollution Act of 1990 (33 U.S.C. 2704(d)(4)) is amended to
read as follows:
``(4) Adjustment to reflect consumer price index.--The
President, by regulations issued not later than 3 years after the
date of enactment of the Delaware River Protection Act of 2006 and
not less than every 3 years thereafter, shall adjust the limits on
liability specified in subsection (a) to reflect significant
increases in the Consumer Price Index.''.
(c) Report.--
(1) Initial report.--Not later than 45 days after the date of
enactment of this Act, the Secretary of the department in which the
Coast Guard is operating shall submit a report on liability limits
described in paragraph (2) to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives.
(2) Contents.--The report shall include, at a minimum, the
following:
(A) An analysis of the extent to which oil discharges from
vessels and nonvessel sources have or are likely to result in
removal costs and damages (as defined in section 1001 of the
Oil Pollution Act of 1990 (33 U.S.C. 2701)) for which no
defense to liability exists under section 1003 of such Act and
that exceed the liability limits established in section 1004 of
such Act, as amended by this section.
(B) An analysis of the impacts that claims against the Oil
Spill Liability Trust Fund for amounts exceeding such liability
limits will have on the Fund.
(C) Based on analyses under this paragraph and taking into
account other factors impacting the Fund, recommendations on
whether the liability limits need to be adjusted in order to
prevent the principal of the Fund from declining to levels that
are likely to be insufficient to cover expected claims.
(3) Annual updates.--The Secretary shall provide an update of
the report to the Committees referred to in paragraph (1) on an
annual basis.

30fac39ab1b7739b12f595bc3685dc2d9b0db963a7cd81b53dcab3bd161151db

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.

76e01e34481e601a0d5a1d497adfb752808ec587edfe430315ba33164e27b278

(a) Amendments.--Title VII of the Oil Pollution Act of 1990 is
amended--
(1) in section 7001(c)(4)(B) (33 U.S.C. 2761(c)(4)(B)) by
striking ``RIVERA,'' and inserting ``RIVERA and the T/V ATHOS I,'';
and
(2) by adding at the end the following:
``SEC. 7002. SUBMERGED OIL PROGRAM.
``(a) Program.--
``(1) Establishment.--The Under Secretary of Commerce for
Oceans and Atmosphere, in conjunction with the Commandant of the
Coast Guard, shall establish a program to detect, monitor, and
evaluate the environmental effects of submerged oil in the Delaware
River and Bay region. The program shall include the following
elements:
``(A) The development of methods to remove, disperse, or
otherwise diminish the persistence of submerged oil.
``(B) The development of improved models and capacities for
predicting the environmental fate, transport, and effects of
submerged oil.
``(C) The development of techniques to detect and monitor
submerged oil.
``(2) Report.--Not later than 3 years after the date of
enactment of the Delaware River Protection Act of 2006, the
Secretary of Commerce shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the activities carried out under this subsection and
activities proposed to be carried out under this subsection.
``(b) Demonstration Project.--
``(1) Removal of submerged oil.--The Commandant of the Coast
Guard, in conjunction with the Under Secretary of Commerce for
Oceans and Atmosphere, shall conduct a demonstration project for
the purpose of developing and demonstrating technologies and
management practices to remove submerged oil from the Delaware
River and other navigable waters.
``(2) Funding.--There is authorized to be appropriated to the
Commandant of the Coast Guard $2,000,000 for each of fiscal years
2006 through 2010 to carry out this subsection.''.
(b) Clerical Amendment.--The table of sections in section 2 of such
Act is amended by inserting after the item relating to section 7001 the
following:
``Sec. 7002. Submerged oil program''.

81fdc64259739ab161d0c1a74808f73eb7259627845b4efdc82c70fc96c4c6e9

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

05f31e7e709c0a5eb80b1a6e00c81d2f7b2fef45b4f5ef8f658cece6071f6571

(a) Establishment.--There is established the Delaware River and Bay
Oil Spill Advisory Committee (in this section referred to as the
``Committee'').
(b) Membership.--
(1) In general.--The Committee shall consist of 27 members who
are appointed by the Commandant of the Coast Guard and who have
particular expertise, knowledge, and experience regarding the
transportation, equipment, and techniques that are used to ship
cargo and to navigate vessels in the Delaware River and Delaware
Bay, as follows:
(A) Three members who are employed by port authorities that
oversee operations on the Delaware River or have been selected
to represent these port authorities, of whom--
(i) one member shall be an employee or representative
of the Port of Wilmington;
(ii) one member shall be an employee or representative
of the South Jersey Port Corporation; and
(iii) one member shall be an employee or representative
of the Philadelphia Regional Port Authority.
(B) Two members who represent organizations that operate
tugs or barges that utilize the port facilities on the Delaware
River and Delaware Bay.
(C) Two members who represent shipping companies that
transport cargo by vessel from ports on the Delaware River and
Delaware Bay, of whom at least one may not be a representative
of a shipping company that transports oil or petroleum
products.
(D) Two members who represent operators of oil refineries
adjacent to the Delaware River and Delaware Bay.
(E) Two members who represent State-licensed pilots who
work on the Delaware River and Delaware Bay.
(F) One member who represents labor organizations whose
members load and unload cargo at ports on the Delaware River
and Delaware Bay.
(G) One member who represents local commercial fishing
interests or an aquaculture organization the members of which
organization depend on fisheries and resources in the waters of
Delaware River or Delaware Bay.
(H) Three members who represent environmental organizations
active with respect to the Delaware River and Delaware Bay,
including a watershed advocacy group and a wildlife
conservation advocacy group.
(I) One member who represents an organization affiliated
with recreational fishing interests in the vicinity of Delaware
River and Delaware Bay.
(J) Two members who are scientists or researchers
associated with an academic institution and who have
professional credentials in fields of research relevant to oil
spill safety, oil spill response, or wildlife and ecological
recovery.
(K) Two members who are municipal or county officials from
Delaware.
(L) Two members who are municipal or county officials from
New Jersey.
(M) Two members who are municipal or county officials from
Pennsylvania.
(N) One member who represents an oil spill response
organization located on the lower Delaware River and Delaware
Bay.
(O) One member who represents the general public.
(2) Ex officio members.--The Committee may also consist of an
appropriate number (as determined by the Commandant of the Coast
Guard) of nonvoting members who represent Federal agencies and
agencies of the States of New Jersey, Pennsylvania, and Delaware
with an interest in oil spill prevention in the Delaware River and
Delaware Bay.
(c) Responsibilities.--
(1) In general.--The Committee shall provide advice and
recommendations on measures to improve the prevention of and
response to future oil spills in the Delaware River and Delaware
Bay to the Commandant, the Governors of the States of New Jersey,
Pennsylvania, and Delaware, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Transportation
and Infrastructure of the House of Representatives.
(2) Report.--Not later than 18 months after the date that the
Commandant completes appointment of the members of the Committee,
the Committee shall provide a report to the entities referred to in
paragraph (1) with the recommendations of the Committee, including
a ranking of priorities, for measures to improve prevention and
response to oil spills described in paragraph (1).
(d) Meetings.--The Committee--
(1) shall hold its first meeting not later than 60 days after
the date on which the Commandant completes the appointment of
members of the Committee; and
(2) shall meet thereafter at the call of the Chairman.
(e) Appointment of Members.--The Commandant shall appoint the
members of the Committee after soliciting nominations by notice
published in the Federal Register.
(f) Chairman and Vice Chairman.--The Committee shall elect, by
majority vote at its first meeting, one of the members of the Committee
as the Chairman and one of the members as the Vice Chairman. The Vice
Chairman shall act as Chairman in the absence of or incapacity of the
Chairman or in the event of vacancy in the office of the Chairman.
(g) Pay and Expenses.--
(1) Prohibition on pay.--Members of the Committee who are not
officers or employees of the United States shall serve without pay.
Members of the Committee who are officers or employees of the
United States shall receive no additional pay on account of their
service on the Committee.
(2) Expenses.--While away from their homes or regular places of
business, members of the Committee may be allowed travel expenses,
including per diem, in lieu of subsistence, as authorized by
section 5703 of title 5, United States Code.
(h) Funding.--There is authorized to be appropriated $1,000,000 for
each of fiscal years 2006 through 2007 to carry out this section.
(i) Termination.--The Committee shall terminate 18 months after the
date on which the Commandant completes the appointment of members of
the Committee.

5eadaa5d700847ce53b275384c9f25f433c677c2f45c8057cc4dd2e17f5eab34

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

749f34176e999f1852d53e29c7887c2032a6b4d83d1b26cb420776204539dd3f

HURRICANES KATRINA OR RITA.
(a) In General.--Notwithstanding any other provision of law, the
Secretary of the department in which the Coast Guard is operating may
reimburse a person who is eligible for reimbursement under this
section, for losses of qualified property owned by such person that
result from damage caused by Hurricane Katrina or Hurricane Rita.
(b) Eligible Persons.--A person is eligible for reimbursement under
this section if the person is a civilian employee of the Federal
Government or member of the uniformed services who--
(1) was assigned to, or employed at or in connection with, a
Coast Guard facility located in the State of Louisiana,
Mississippi, Alabama, or Texas on or before August 28, 2005;
(2) incident to such assignment or employment, owned and
occupied property that is qualified property under subsection (e);
and
(3) as a result of the effects of Hurricane Katrina or
Hurricane Rita, incurred damage to such qualified property such
that--
(A) the qualified property is unsalable (as determined by
the Secretary); and
(B) the proceeds, if any, of insurance for such damage are
less than an amount equal to the greater of--
(i) the fair market value of the qualified property on
August 28, 2005 (as determined by the Secretary); or
(ii) the outstanding mortgage, if any, on the qualified
property on that date.
(c) Reimbursement Amount.--The amount of the reimbursement that an
eligible person may be paid under this section with respect to a
qualified property shall be determined as follows:
(1) In the case of qualified property that is a dwelling
(including a condominium unit but excluding a manufactured home),
the amount shall be--
(A) the amount equal to the greater of--
(i) 85 percent of the fair market value of the dwelling
on August 28, 2005 (as determined by the Secretary); or
(ii) the outstanding mortgage, if any, on the dwelling
on that date; minus
(B) the proceeds, if any, of insurance referred to in
subsection (b)(3)(B).
(2) In the case of qualified property that is a manufactured
home, the amount shall be--
(A) if the owner also owns the real property underlying
such home, the amount determined under paragraph (1); or
(B) if the owner leases such underlying property--
(i) the amount determined under paragraph (1); plus
(ii) the amount of rent payable under the lease of such
property for the period beginning on August 28, 2005, and
ending on the date of the reimbursement under this section.
(d) Transfer and Disposal of Property.--
(1) In general.--A person receiving reimbursement under this
section shall transfer to the Administrator of General Services all
right, title, and interest of the owner in and to the qualified
property for which the owner receives such reimbursement. The
Administrator shall hold, manage, and dispose of such right, title,
and interest in the same manner that the Secretary of Defense
holds, manages, and disposes of real property under section 1013 of
the Demonstration Cities and Metropolitan Development Act of 1966
(42 U.S.C. 3374).
(2) Treatment of proceeds.--Any amounts received by the United
States as proceeds of management or disposal of property by the
Administrator of General Services under this subsection shall be
deposited in the general fund of the Treasury as offsetting
receipts of the department in which the Coast Guard is operating
and ascribed to Coast Guard activities.
(e) Qualified Property.--Property is qualified property for the
purposes of this section if as of August 28, 2005, the property was a
one- or two-family dwelling, manufactured home, or condominium unit in
the State of Louisiana, Mississippi, Alabama, or Texas that was owned
and occupied, as a principal residence, by a person who is eligible for
reimbursement under this section.
(f) Subject to Appropriations.--The authority to pay reimbursement
under this section is subject to the availability of appropriations.

fdfde1fb2c9aaea85fc51a810121f5698060df3c04f5de76fa4d2b26cdfade0a

CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS'
DOCUMENTS.
(a) Licenses and Certificates of Registry.--Notwithstanding section
7106 and 7107 of title 46, United States Code, the Secretary of the
department in which the Coast Guard is operating may temporarily extend
the duration of a license or certificate of registry issued for an
individual under chapter 71 of that title for up to one year if--
(1) the records of the individual are located at the Coast
Guard facility in New Orleans that was damaged by Hurricane
Katrina;
(2) the individual is a resident of Alabama, Mississippi, or
Louisiana; or
(3) the records of an individual were damaged or lost as a
result of Hurricane Katrina.
(b) Merchant Mariners' Documents.--Notwithstanding section 7302(g)
of title 46, United States Code, the Secretary of the department in
which the Coast Guard is operating may temporarily extend the duration
of a merchant mariners' document issued for an individual under chapter
73 of that title for up to one year, if--
(1) the records of the individual are located at the Coast
Guard facility in New Orleans that was damaged by Hurricane
Katrina;
(2) the individual is a resident of Alabama, Mississippi, or
Louisiana; or
(3) the records of an individual were damaged or lost as a
result of Hurricane Katrina.
(c) Manner of Extension.--Any extensions granted under this section
may be granted to individual seamen or a specifically identified group
of seamen.
(d) Expiration of Authority.--The authorities provided under this
section expire on April 1, 2007.

d3abb6ea68c9b610ffabcd0deac85d76643c97811d7d5bb58dfb48ff69263a34

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

9058ba91a5f05e5ccfef488ca030c86c9d354ec263f47f7a0d55c3a3b55826f3

OPERATIONS.
(a) Preservation of Leave.--Notwithstanding section 701(b) of title
10, United States Code, any member of the Coast Guard who served on
active duty for a continuous period of 30 days, who was assigned to
duty or otherwise detailed in support of units or operations in the
Eighth Coast Guard District area of responsibility for activities to
mitigate the consequences of, or assist in the recovery from, Hurricane
Katrina during the period beginning on August 28, 2005, and ending on
January 1, 2006, and who would have otherwise lost any accumulated
leave in excess of 60 days as a consequence of such assignment, is
authorized to retain an accumulated total of up to 120 days of leave.
(b) Excess Leave.--Leave in excess of 60 days accumulated under
subsection (a) shall be lost unless used by the member before the
commencement of the second fiscal year following the fiscal year in
which the assignment commences, or in the case of a Reserve member, the
year in which the period of active service is completed.

803ebc72904bb55a20feda2fb7068cbfe26f311292a4a15f3596c91b47255557

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

5e6b7aa4ac65f19f4971c8d795b3334fba8e5c57d6b7c2e7b1e734241a0c2645

(a) Reports Required.--
(1) Interim report.--Not later than 90 days after the date of
enactment of this Act, the Secretary of the department in which the
Coast Guard is operating, in consultation with the Secretary of
Commerce, shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report on the
impacts of Hurricane Katrina on navigable waterways and the
response of the Coast Guard to such impacts.
(2) Final report.--Not later than 180 days after the date of
the submittal of the report required by paragraph (1), the
Secretary, in consultation with the Secretary of Commerce, shall
submit to the committees referred to in paragraph (1) a report on
the impacts of Hurricane Katrina on navigable waterways with
respect to missions within the jurisdiction of the Coast Guard and
the response of the Coast Guard to such impacts.
(b) Elements.--Each report required by subsection (a) shall include
the following:
(1) A discussion and assessment of the impacts, and associated
costs, of Hurricane Katrina on--
(A) the navigable waterways of the United States;
(B) facilities located in or on such waterways;
(C) aids to navigation to maintain the safety of such
waterways; and
(D) any other equipment located in or on such waterways
related to a mission of the Coast Guard.
(2) An estimate of the costs to the Coast Guard of restoring
the resources described in paragraph (1) and an assessment of the
vulnerability of such resources to natural disasters in the future.
(3) A discussion and assessment of the environmental impacts in
areas within the Coast Guard's jurisdiction of Hurricane Katrina,
with a particular emphasis on any releases of oil or hazardous
chemicals into the navigable waterways of the United States.
(4) A discussion and assessment of the response of the Coast
Guard to the impacts described in paragraph (3), including an
assessment of environmental vulnerabilities in natural disasters in
the future and an estimate of the costs of addressing such
vulnerabilities.
(c) Navigable Waterways of the United States.--In this section, the
term ``navigable waterways of the United States'' includes waters of
the United States as described in Presidential Proclamation No. 5928 of
December 27, 1988.

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In consultation with appropriate Federal agencies, the Secretary of
the department in which the Coast Guard is operating shall work with
the responsible officials and agencies of other nations to accelerate
efforts at the International Maritime Organization to enhance oversight
and enforcement of security, environmental, and other agreements
adopted within the International Maritime Organization by flag States
on whom such agreements are binding, including implementation of--
(1) a code outlining flag State responsibilities and
obligations;
(2) an audit regime for evaluating flag State performance;
(3) measures to ensure that responsible organizations, acting
on behalf of flag States, meet established performance standards;
and
(4) cooperative arrangements to improve enforcement on a
bilateral, regional, or international basis.

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

7292b8a2d97be745303b404a84ea9d483b1623581c358d0fc437afc2445559b7

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.

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(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the department in which the
Coast Guard is operating shall provide to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on steps that the Coast Guard will take to significantly improve
the Coast Guard's detection and interdiction of illegal incursions into
the United States exclusive economic zone by foreign fishing vessels.
(b) Specific Issues to Be Addressed.--The report shall--
(1) focus on areas in the exclusive economic zone where the
Coast Guard has failed to detect or interdict such incursions in
the 4-fiscal-year period beginning with fiscal year 2000, including
such areas in the Western/Central Pacific and the Bering Sea; and
(2) include an evaluation of the potential use of unmanned
aircraft and offshore platforms for detecting or interdicting such
incursions.
(c) Biennial Updates.--The Secretary shall provide biannual reports
updating the Coast Guard's progress in detecting or interdicting such
incursions to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure of
the House of Representatives.

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(a) Requirements for Cooperative Agreements for Voluntary
Services.--Section 93(a)(19) of title 14, United States Code, is
amended by redesignating paragraphs (1) and (2) as subparagraphs (A)
and (B), respectively.
(b) Correction of Amendment to Chapter Analysis.--Effective August
9, 2004, section 212(b) of the Coast Guard and Maritime Transportation
Act of 2004 (118 Stat. 1037) is amended by inserting ``of title 14''
after ``chapter 17''.
(c) Recommendations to Congress by Commandant of the Coast Guard.--
Section 93(a) of title 14, United States Code, is amended by
redesignating paragraph (y) as paragraph (24).
(d) Correction of Reference to Ports and Waterways Safety Act.--
Effective August 9, 2004, section 302 of the Coast Guard and Maritime
Transportation Act of 2004 (118 Stat. 1041) is amended by striking ``of
1972''.
(e) Technical Correction of Penalty.--Section 4311(b) of title 46,
United States Code, is amended by striking ``4307(a)of'' and inserting
``4307(a) of''.
(f) Determining Adequacy of Potable Water.--Section 3305(a) of
title 46, United States Code, is amended by moving paragraph (2) two
ems to the left, so that the material preceding subparagraph (A) of
such paragraph aligns with the left-hand margin of paragraph (1) of
such section.
(g) Renewal of Advisory Group.--Effective August 9, 2004, section
418(a) of the Coast Guard and Maritime Transportation Act of 2004 (118
Stat. 1049) is amended by striking ``of September 30, 2005'' and
inserting ``on September 30, 2005''.
(h) Technical Corrections Relating to References to National Driver
Register.--
(1) Amendment instruction.--Effective August 9, 2004, section
609(1) of the Coast Guard and Maritime Transportation Act of 2004
(118 Stat. 1058) is amended in the matter preceding subparagraph
(A) by striking ``7302'' and inserting ``7302(c)''.
(2) Omitted word.--Section 7302(c) of title 46, United States
Code, is amended--
(A) by inserting ``section'' before ``30305(b)(5)''; and
(B) by inserting ``section'' before ``30304(a)(3)(A)''.
(3) Extraneous u.s.c. reference.--Section 7703(3) of title 46,
United States Code, is amended by striking ``(23 U.S.C. 401
note)''.
(i) Vessel Response Plans for Nontank Vessels.--
(1) Correction of vessel references.--Section 311 of the
Federal Water Pollution Control Act (33 U.S.C. 1321) is amended by
striking ``non-tank'' each place it appears and inserting
``nontank''.
(2) Punctuation error.--Effective August 9, 2004, section
701(b)(9) of the Coast Guard and Maritime Transportation Act of
2004 (118 Stat. 1068) is amended by inserting closing quotation
marks after ``each tank vessel''.
(j) Punctuation Error.--Section 5006(c) of the Oil Pollution Act of
1990 (33 U.S.C. 2736(c)) is amended by inserting a comma after
``October 1, 2012''.
(k) Correction to Subtitle Designation.--
(1) Redesignation.--Title 46, United States Code, is amended by
redesignating subtitle VI as subtitle VII.
(2) Clerical amendment.--The table of subtitles at the
beginning of title 46, United States Code, is amended by striking
the item relating to subtitle VI and inserting the following:
``VII. MISCELLANEOUS............................................70101''.
(l) Corrections to Chapter 701 of Title 46, United States Code.--
Chapter 701 of title 46, United States Code, is amended as follows:
(1) Sections 70118 and 70119, as added by section 801 of the
Coast Guard and Maritime Transportation Act of 2004 (118 Stat.
1078), relating to firearms, arrests, and seizure of property and
to enforcement by State and local officers, are redesignated as
sections 70117 and 70118, respectively, and moved to appear
immediately after section 70116 of title 46, United States Code.
(2) Sections 70117 and 70118, as added by section 802 of such
Act (118 Stat. 1078), relating to in rem liability for civil
penalties and to certain costs and withholding of clearance, are
redesignated as sections 70120 and 70121, respectively, and moved
to appear immediately after section 70119 of title 46, United
States Code.
(3) In section 70120(a), as redesignated by paragraph (2) of
this section, by striking ``section 70120'' and inserting ``section
70119''.
(4) In section 70121(a), as redesignated by paragraph (2) of
this section, by striking ``section 70120'' and inserting ``section
70119''.
(5) In the analysis at the beginning of the chapter by striking
the items relating to sections 70117 through the second 70119 and
inserting the following:
``70117. Firearms, arrests, and seizure of property.
``70118. Enforcement by State and local officers.
``70119. Civil penalty.
``70120. In rem liability for civil penalties and certain costs.
``70121. Withholding of clearance.''.
(m) Area Maritime Security Advisory Committees; Margin Alignment.--
Section 70112(b) of title 46, United States Code, is amended by moving
paragraph (5) two ems to the left, so that the left-hand margin of
paragraph (5) aligns with the left-hand margin of paragraph (4) of such
section.
(n) Technical Correction Regarding Tank Vessel Environmental
Equivalency Evaluation Index.--Section 4115(e)(3) of the Oil Pollution
Act of 1990 (46 U.S.C. 3703a note) is amended by striking ``hull'' the
second place it appears.
(o) Corrections to Section 6101 of Title 46, United States Code.--
Section 6101 of title 46, United States Code, is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by redesignating the second subsection (g) as subsection
(h).
(p) Drug Interdiction Report.--
(1) In general.--Section 103 of the Coast Guard Authorization
Act of 1996 (14 U.S.C. 89 note; 110 Stat. 3905) is amended to read
as follows:
``SEC. 103. ANNUAL REPORT ON DRUG INTERDICTION.
``Not later than 30 days after the end of each fiscal year, the
Secretary of the department in which the Coast Guard is operating shall
submit to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives a report on all expenditures related to drug
interdiction activities of the Coast Guard on an annual basis.''.
(2) Clerical amendment.--The table of contents in section 2 of
such Act is amended by striking the item relating to section 103
and inserting the following:
``Sec. 103. Annual reports on drug interdiction.''.
(q) Acts of Terrorism Report.--Section 905 of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986 (46 U.S.C. App. 1802;
100 Stat. 890) is amended by striking ``Not later than February 28,
1987, and annually thereafter, the Secretary of Transportation shall
report'' and inserting ``The Secretary of the department in which the
Coast Guard is operating shall report annually''.
(r) Corrections to Dingell-Johnson Sport Fish Restoration Act.--
(1) Section 4.--Section 4(c) of the Dingell-Johnson Sport Fish
Restoration Act (16 U.S.C. 777c(c)) is amended by striking ``, for
each of fiscal years 2006 through 2009,''.
(2) Section 14.--Section 14(a)(1) of the Dingell-Johnson Sport
Fish Restoration Act (16 U.S.C. 777m(a)(1)) is amended by striking
``For each of the fiscal years 2006 through 2009, not more than''
and inserting ``Not more than''.

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DEPARTMENT OF TRANSPORTATION; RELATED MATTERS.
(a) Government Organization.--Title 5, United States Code, is
amended--
(1) in section 101 by inserting ``The Department of Homeland
Security.'' after and immediately below ``The Department of
Veterans Affairs.'';
(2) in section 2902(b) by inserting ``the Secretary of Homeland
Security,'' after ``Secretary of the Interior,''; and
(3) in sections 5520a(k)(3), 5595(h)(5), 6308(b), and 9001(10)
by striking ``of Transportation'' each place it appears and
inserting ``of Homeland Security''.
(b) Financial Management.--Title 31, United States Code, is
amended--
(1) in section 3321(c)(3) by striking ``of Transportation'' and
inserting ``of Homeland Security.'';
(2) in section 3325(b) by striking ``of Transportation'' and
inserting ``of Homeland Security'';
(3) in section 3527(b)(1) by striking ``of Transportation''
each place it appears and inserting ``of Homeland Security''; and
(4) in section 3711(f)(2) by striking ``of Transportation'' and
inserting ``of Homeland Security''.
(c) Public Contracts.--Section 3732 of the Revised Statutes (41
U.S.C. 11) is amended by striking ``of Transportation'' each place it
appears and inserting ``of Homeland Security''.
(d) Public Printing and Documents.--Sections 1308 and 1309 of title
44, United States Code, are amended by striking ``Secretary of the
Department of Transportation'' each place it appears and inserting
``Secretary of the department in which the Coast Guard is operating''.
(e) Shipping.--Title 46, United State Code, is amended--
(1) in section 2109 by striking ``a Coast Guard or'';
(2) in section 6308--
(A) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(B) by striking subsection (a) and inserting the following:
``(a) Notwithstanding any other provision of law, no part of a
report of a marine casualty investigation conducted under section 6301
of this title, including findings of fact, opinions, recommendations,
deliberations, or conclusions, shall be admissible as evidence or
subject to discovery in any civil or administrative proceedings, other
than an administrative proceeding initiated by the United States.
``(b) Any member or employee of the Coast Guard investigating a
marine casualty pursuant to section 6301 of this title shall not be
subject to deposition or other discovery, or otherwise testify in such
proceedings relevant to a marine casualty investigation, without the
permission of the Secretary. The Secretary shall not withhold
permission for such employee or member to testify, either orally or
upon written questions, on solely factual matters at a time and place
and in a manner acceptable to the Secretary if the information is not
available elsewhere or is not obtainable by other means.'';
(3) in subsection (c), as redesignated by this section, by
striking ``subsection (a)'' and inserting ``subsections (a) and
(b)''; and
(4) in subsection (d), as redesignated by this section, by
striking ``subsections (a) and (b)'' and inserting ``subsections
(a), (b), and (c)''.
(f) Mortgage Insurance.--Section 222 of the National Housing Act of
1934 (12 U.S.C. 1715m) is amended by striking ``of Transportation''
each place it appears and inserting ``of Homeland Security''.
(g) Arctic Research.--Section 107(b)(2) of the Arctic Research and
Policy Act of 1984 (15 U.S.C. 4106(b)(2)) is amended--
(1) by redesignating subparagraphs (I) through (K) as
subparagraphs (J) through (L), respectively; and
(2) by inserting after subparagraph (H) the following:
``(I) the Department of Homeland Security;''.
(h) Conservation.--
(1) Section 1029.--Section 1029(e)(2)(B) of the Bisti/De-Na-Zin
Wilderness Expansion and Fossil Protection Act of 1996 (16 U.S.C.
460kkk(e)(2)(B)) is amended by striking ``Secretary of
Transportation, to represent the United States Coast Guard.'' and
inserting ``Commandant of the Coast Guard''.
(2) Section 312.--Section 312(c) of the Antarctic Marine Living
Resources Convention Act of 1984 (16 U.S.C. 2441(c)) is amended by
striking ``of Transportation'' and inserting ``of Homeland
Security''.
(i) Internal Revenue Code of 1986.--Section 3122 of the Internal
Revenue Code of 1986 (26 U.S.C. 3122) is amended by striking
``Secretary of Transportation'' each place it appears and inserting
``Secretary of the Department in which the Coast Guard is operating''.
(j) Anchorage Grounds.--Section 7 of the Rivers and Harbors
Appropriations Act of 1915 (33 U.S.C. 471) is amended by striking ``of
Transportation'' in each place it appears and inserting ``of Homeland
Security''.
(k) Bridges.--Section 4 of the General Bridge Act of 1906 (33
U.S.C. 491) is amended by striking ``of Transportation'' and inserting
``of Homeland Security''.
(l) Oil Pollution.--The Oil Pollution Act of 1990 (33 U.S.C. 2701
et seq.) is amended--
(1) in section 5001(c)(1)(B) (33 U.S.C. 2731(c)(1)(B)) by
striking ``Commerce, the Interior, and Transportation,'' and
inserting ``Commerce and the Interior and the Commandant of the
Coast Guard,'';
(2) in section 5002(m)(4) (33 U.S.C. 2732(m)(4)) by striking
``of Transportation.'' and inserting ``of the department in which
the Coast Guard is operating.'';
(3) in section 7001(a) (33 U.S.C. 2761(a)) by striking
paragraph (3) and all that follows through the end of the
subsection and inserting the following:
``(3) Membership.--The Interagency Committee shall include
representatives from the Coast Guard, the Department of Commerce
(including the National Oceanic and Atmospheric Administration and
the National Institute of Standards and Technology), the Department
of Energy, the Department of the Interior (including the Minerals
Management Service and the United States Fish and Wildlife
Service), the Department of Transportation (including the Maritime
Administration and the Pipeline and Hazardous Materials Safety
Administration), the Department of Defense (including the Army
Corps of Engineers and the Navy), the Department of Homeland
Security (including the United States Fire Administration in the
Federal Emergency Management Agency), the Environmental Protection
Agency, the National Aeronautics and Space Administration, and such
other Federal agencies the President may designate.
``(4) Chairman.--A representative of the Coast Guard shall
serve as Chairman.''; and
(4) in section 7001(c)(6) (33 U.S.C. 2761(c)(6)) by striking
``other such agencies in the Department of Transportation as the
Secretary of Transportation may designate,'' and inserting ``such
agencies as the President may designate,''.
(m) Medical Care.--Section 1(g)(4)(B) of Public Law 87-693 (42
U.S.C. 2651(g)(4)(B)) is amended by striking ``of Transportation,'' and
inserting ``of Homeland Security,''.
(n) Social Security Act.--Section 205(p)(3) of the Social Security
Act (42 U.S.C. 405(p)(3)) is amended by striking ``of Transportation''
each place it appears and inserting ``of Homeland Security''.
(o) Merchant Marine Act, 1920.--Section 27 of the Merchant Marine
Act, 1920 (46 U.S.C. App. 883) is amended in the matter following the
ninth proviso (pertaining to transportation of a foreign-flag
incineration vessel) by striking ``Satisfactory inspection shall be
certified in writing by the Secretary of Transportation'' and inserting
``Satisfactory inspection shall be certified, in writing, by the
Secretary of Homeland Security.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Coast Guard FY2006 Authorization bill — HR. 889

Other Sections