[House Report 109-413]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-413
======================================================================
COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2006
_______
April 6, 2006.--Ordered to be printed
_______
Mr. Young of Alaska, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany H.R. 889]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
889), 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, having
met, after full and free conference, have agreed to recommend
and do recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
Senate amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coast Guard and Maritime
Transportation Act of 2006''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--AUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Supplemental authorization of appropriations.
Sec. 104. Web-based risk management data system.
TITLE II--COAST GUARD
Sec. 201. Extension of Coast Guard vessel anchorage and movement
authority.
Sec. 202. International training and technical assistance.
Sec. 203. Officer promotion.
Sec. 204. Coast Guard band director.
Sec. 205. Authority for one-step turnkey design-build contracting.
Sec. 206. Reserve recall authority.
Sec. 207. Reserve officer distribution.
Sec. 208. Expansion of use of auxiliary equipment to support Coast Guard
missions.
Sec. 209. Coast Guard history fellowships.
Sec. 210. Icebreakers.
Sec. 211. Operation as a service in the Navy.
Sec. 212. Limitation on moving assets to St. Elizabeth's Hospital.
Sec. 213. Cooperative agreements.
Sec. 214. Biodiesel feasibility study.
Sec. 215. Boating safety director.
Sec. 216. Hangar at Coast Guard Air Station Barbers Point.
Sec. 217. Promotion of Coast Guard officers.
Sec. 218. Redesignation of Coast Guard law specialists as judge
advocates.
TITLE III--SHIPPING AND NAVIGATION
Sec. 301. Treatment of ferries as passenger vessels.
Sec. 302. Great Lakes pilotage annual ratemaking.
Sec. 303. Certification of vessel nationality in drug smuggling cases.
Sec. 304. LNG tankers.
Sec. 305. Use of maritime safety and security teams.
Sec. 306. Enhanced civil penalties for violations of provisions enacted
by the Coast Guard and Maritime Transportation Act of 2004.
Sec. 307. Training of cadets at United States Merchant Marine Academy.
Sec. 308. Reports from mortgagees of vessels.
Sec. 309. Determination of the Secretary.
Sec. 310. Setting, relocating, and recovering anchors.
Sec. 311. International tonnage measurement of vessels engaged in the
Aleutian trade.
Sec. 312. Riding gangs.
TITLE IV--MISCELLANEOUS
Sec. 401. Authorization of junior reserve officers training program
pilot program.
Sec. 402. Transfer.
Sec. 403. Loran-C.
Sec. 404. Long-range vessel tracking system.
Sec. 405. Marine vessel and cold water safety education.
Sec. 406. Reports.
Sec. 407. Conveyance of decommissioned Coast Guard Cutter MACKINAW.
Sec. 408. Deepwater reports.
Sec. 409. Helicopters.
Sec. 410. Newtown Creek, New York City, New York.
Sec. 411. Report on technology.
Sec. 412. Assessment and planning.
Sec. 413. Homeport.
Sec. 414. Opinions regarding whether certain facilities create
obstructions to navigation.
Sec. 415. Port Richmond.
Sec. 416. Western Alaska community development quota program.
Sec. 417. Quota share allocation.
Sec. 418. Maine fish tender vessels.
Sec. 419. Automatic identification system.
Sec. 420. Voyage data recorder study and report.
Sec. 421. Distant water tuna fleet.
TITLE V--LIGHTHOUSES
Sec. 501. Transfer.
Sec. 502. Misty Fiords National Monument and Wilderness.
Sec. 503. Miscellaneous Light Stations.
Sec. 504. Inclusion of lighthouse in St. Marks National Wildlife Refuge,
Florida.
TITLE VI--DELAWARE RIVER PROTECTION AND MISCELLANEOUS OIL PROVISIONS
Sec. 601. Short title.
Sec. 602. Requirement to notify Coast Guard of release of objects into
the navigable waters of the United States.
Sec. 603. Limits on liability.
Sec. 604. Requirement to update Philadelphia Area Contingency Plan.
Sec. 605. Submerged oil removal.
Sec. 606. Assessment of oil spill costs.
Sec. 607. Delaware River and Bay Oil Spill Advisory Committee.
Sec. 608. Nontank vessels.
TITLE VII--HURRICANE RESPONSE
Sec. 701. Homeowners assistance for Coast Guard personnel affected by
Hurricanes Katrina or Rita.
Sec. 702. Temporary authorization to extend the duration of licenses,
certificates of registry, and merchant mariners' documents.
Sec. 703. Temporary authorization to extend the duration of vessel
certificates of inspection.
Sec. 704. Preservation of leave lost due to Hurricane Katrina
operations.
Sec. 705. Reports on impact to Coast Guard.
Sec. 706. Reports on impacts on navigable waterways.
TITLE VIII--OCEAN COMMISSION RECOMMENDATIONS
Sec. 801. Implementation of international agreements.
Sec. 802. Voluntary measures for reducing pollution from recreational
boats.
Sec. 803. Integration of vessel monitoring system data.
Sec. 804. Foreign fishing incursions.
TITLE IX--TECHNICAL CORRECTIONS
Sec. 901. Miscellaneous technical corrections.
Sec. 902. Correction of references to Secretary of Transportation and
Department of Transportation; related matters.
TITLE I--AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for fiscal year
2006 for necessary expenses of the Coast Guard as follows:
(1) For the operation and maintenance of the Coast
Guard, $5,633,900,000, of which $24,500,000 is
authorized to be derived from the Oil Spill Liability
Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)).
(2) For the acquisition, construction, rebuilding,
and improvement of aids to navigation, shore and
offshore facilities, vessels, and aircraft, including
equipment related thereto, $1,903,821,000, of which--
(A) $20,000,000 shall be derived from the
Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990, to remain available
until expended;
(B) $1,316,300,000 is authorized for
acquisition and construction of shore and
offshore facilities, vessels, and aircraft,
including equipment related thereto, and other
activities that constitute the Integrated
Deepwater Systems; and
(C) $284,369,000 is authorized for
sustainment of legacy vessels and aircraft,
including equipment related thereto, and other
activities that constitute the Integrated
Deepwater Systems.
(3) To the Commandant of the Coast Guard for
research, development, test, and evaluation of
technologies, materials, and human factors directly
relating to improving the performance of the Coast
Guard's mission in search and rescue, aids to
navigation, marine safety, marine environmental
protection, enforcement of laws and treaties, ice
operations, oceanographic research, and defense
readiness, $24,000,000, to remain available until
expended, of which $3,500,000 shall be derived from the
Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act
of 1990.
(4) For retired pay (including the payment of
obligations otherwise chargeable to lapsed
appropriations for this purpose), payments under the
Retired Serviceman's Family Protection and Survivor
Benefit Plans, and payments for medical care of retired
personnel and their dependents under chapter 55 of
title 10, United States Code, $1,014,080,000, to remain
available until expended.
(5) For alteration or removal of bridges over
navigable waters of the United States constituting
obstructions to navigation, and for personnel and
administrative costs associated with the Bridge
Alteration Program, $38,400,000.
(6) For environmental compliance and restoration at
Coast Guard facilities (other than parts and equipment
associated with operation and maintenance),
$12,000,000, to remain available until expended.
(7) For the Coast Guard Reserve program, including
personnel and training costs, equipment, and services,
$119,000,000.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
(a) Active-Duty Strength.--The Coast Guard is authorized an
end-of-year strength for active-duty personnel of 45,500 for
the fiscal year ending on September 30, 2006.
(b) Military Training Student Loads.--For fiscal year 2006,
the Coast Guard is authorized average military training student
loads as follows:
(1) For recruit and special training, 2,500 student
years.
(2) For flight training, 125 student years.
(3) For professional training in military and
civilian institutions, 350 student years.
(4) For officer acquisition, 1,200 student years.
SEC. 103. SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--In addition to
amounts provided to the Coast Guard from another Federal agency
for reimbursement of expenditures for Hurricane Katrina, there
are authorized to be appropriated to the Secretary of the
department in which the Coast Guard is operating the following
amounts for nonreimbursed expenditures:
(1) For the operation and maintenance of the Coast
Guard in responding to Hurricane Katrina, including
search and rescue efforts, clearing channels, and
emergency response to oil and chemical spills, and for
increased costs of operation and maintenance of the
Coast Guard due to higher than expected fuel costs,
$300,000,000.
(2) For the acquisition, construction, renovation,
and improvement of aids to navigation, shore and
offshore facilities, and vessels and aircraft,
including equipment related thereto, related to damage
caused by Hurricane Katrina, $200,000,000.
(b) Construction With Other Funding.--The amounts
authorized to be appropriated by subsection (a) are in addition
to any other amounts authorized to be appropriated to the
Secretary of the department in which the Coast Guard is
operating under any other provision of law.
(c) Availability.--The amounts made available under
subsection (a) shall remain available until expended.
SEC. 104. WEB-BASED RISK MANAGEMENT DATA SYSTEM.
There is authorized to be appropriated for each of fiscal
years 2006 and 2007 to the Secretary of the department in which
the Coast Guard is operating $1,000,000 to continue deployment
of a World Wide Web-based risk management system to help reduce
accidents and fatalities.
TITLE II--COAST GUARD
SEC. 201. EXTENSION OF COAST GUARD VESSEL ANCHORAGE AND MOVEMENT
AUTHORITY.
Section 91 of title 14, United States Code, is amended by
adding at the end the following new subsection:
``(d) As used in this section `navigable waters of the
United States' includes all waters of the territorial sea of
the United States as described in Presidential Proclamation No.
5928 of December 27, 1988.''.
SEC. 202. INTERNATIONAL TRAINING AND TECHNICAL ASSISTANCE.
(a) In General.--Section 149 of title 14, United States
Code, is amended--
(1) by amending the section heading to read as
follows:
``Sec. 149. Assistance to foreign governments and maritime
authorities'';
(2) by inserting before the undesignated text the
following:
``(a) Detail of Members to Assist Foreign Govern-
ments.--''; and
(3) by adding at the end the following new
subsection:
``(b) Technical Assistance to Foreign Maritime
Authorities.--The Commandant, in coordination with the
Secretary of State, may provide, in conjunction with regular
Coast Guard operations, technical assistance (including law
enforcement and maritime safety and security training) to
foreign navies, coast guards, and other maritime
authorities.''.
(b) Clerical Amendment.--The item relating to such section
in the analysis at the beginning of chapter 7 of such title is
amended to read as follows:
``149. Assistance to foreign governments and maritime authorities.''.
SEC. 203. OFFICER PROMOTION.
Section 257 of title 14, United States Code, is amended by
adding at the end the following new subsection:
``(f) The Secretary may waive subsection (a) to the extent
necessary to allow officers described therein to have at least
two opportunities for consideration for promotion to the next
higher grade as officers below the promotion zone.''.
SEC. 204. COAST GUARD BAND DIRECTOR.
(a) Band Director Appointment and Grade.--Section 336 of
title 14, United States Code, is amended--
(1) in subsection (b)--
(A) by striking the first sentence and
inserting the following: ``The Secretary may
designate as the director any individual
determined by the Secretary to possess the
necessary qualifications.''; and
(B) in the second sentence, by striking ``a
member so designated'' and inserting ``an
individual so designated'';
(2) in subsection (c)--
(A) by striking ``of a member'' and
inserting ``of an individual''; and
(B) by striking ``of lieutenant (junior
grade) or lieutenant'' and inserting
``determined by the Secretary to be most
appropriate to the qualifications and
experience of the appointed individual'';
(3) in subsection (d) by striking ``A member'' and
inserting ``An individual''; and
(4) in subsection (e)--
(A) by striking ``When a member's
designation is revoked,'' and inserting ``When
an individual's designation is revoked,''; and
(B) by striking ``option:'' and inserting
``option--''.
(b) Current Director.--The individual serving as Coast
Guard band director on the date of enactment of this Act may be
immediately promoted to a commissioned grade, not to exceed
captain, determined by the Secretary of the department in which
the Coast Guard is operating to be most appropriate to the
qualifications and experience of that individual.
SEC. 205. AUTHORITY FOR ONE-STEP TURNKEY DESIGN-BUILD CONTRACTING.
(a) In General.--Chapter 17 of title 14, United States
Code, is amended by adding at the end the following new
section:
``Sec. 677. Turnkey selection procedures
``(a) Authority to Use.--The Secretary may use one-step
turnkey selection procedures for the purpose of entering into
contracts for construction projects.
``(b) Definitions.--In this section, the following
definitions apply:
``(1) The term `one-step turnkey selection
procedures' means procedures used for the selection of
a contractor on the basis of price and other evaluation
criteria to perform, in accordance with the provisions
of a firm fixed-price contract, both the design and
construction of a facility using performance
specifications supplied by the Secretary.
``(2) The term `construction' includes the
construction, procurement, development, conversion, or
extension of any facility.
``(3) The term `facility' means a building,
structure, or other improvement to real property.''.
(b) Clerical Amendment.--The analysis at the beginning of
such chapter is amended by inserting after the item relating to
section 676 the following:
``677. Turnkey selection procedures.''.
SEC. 206. RESERVE RECALL AUTHORITY.
Section 712 of title 14, United States Code, is amended--
(1) in subsection (a) by striking ``during a'' and
inserting ``during a, or to aid in prevention of an
imminent,'';
(2) in subsection (a) by striking ``or
catastrophe,'' and inserting ``catastrophe, act of
terrorism (as defined in section 2(15) of the Homeland
Security Act of 2002 (6 U.S.C. 101(15))), or
transportation security incident as defined in section
70101 of title 46,'';
(3) in subsection (a) by striking ``thirty days in
any four-month period'' and inserting ``60 days in any
4-month period'';
(4) in subsection (a) by striking ``sixty days in
any two-year period'' and inserting ``120 days in any
2-year period''; and
(5) by adding at the end the following:
``(e) For purposes of calculating the duration of active
duty allowed pursuant to subsection (a), each period of active
duty shall begin on the first day that a member reports to
active duty, including for purposes of training.''.
SEC. 207. RESERVE OFFICER DISTRIBUTION.
Section 724 of title 14, United States Code, is amended--
(1) in subsection (a) by inserting after the first
sentence the following: ``Reserve officers on an
active-duty list shall not be counted as part of the
authorized number of officers in the Reserve.''; and
(2) in subsection (b) by striking all that precedes
paragraph (2) and inserting the following:
``(b)(1) The Secretary shall make, at least once each year,
a computation to determine the number of Reserve officers in an
active status authorized to be serving in each grade. The
number in each grade shall be computed by applying the
applicable percentage to the total number of such officers
serving in an active status on the date the computation is
made. The number of Reserve officers in an active status below
the grade of rear admiral (lower half) shall be distributed by
pay grade so as not to exceed percentages of commissioned
officers authorized by section 42(b) of this title. When the
actual number of Reserve officers in an active status in a
particular pay grade is less than the maximum percentage
authorized, the difference may be applied to the number in the
next lower grade. A Reserve officer may not be reduced in rank
or grade solely because of a reduction in an authorized number
as provided for in this subsection, or because an excess
results directly from the operation of law.''.
SEC. 208. EXPANSION OF USE OF AUXILIARY EQUIPMENT TO SUPPORT COAST
GUARD MISSIONS.
(a) Use of Motorized Vehicles.--Section 826 of title 14,
United States Code, is amended--
(1) by inserting before the undesignated text the
following:
``(a) Motor Boats, Yachts, Aircraft, and Radio Stations.--
''; and
(2) by adding at the end the following new
subsection:
``(b) Motor Vehicles.--The Coast Guard may utilize to carry
out its functions and duties as authorized by the Secretary any
motor vehicle (as defined in section 154 of title 23, United
States Code) placed at its disposition by any member of the
Auxiliary, by any corporation, partnership, or association, or
by any State or political subdivision thereof, to tow Federal
Government property.''.
(b) Appropriations for Facilities.--Section 830(a) of such
title is amended by striking ``or radio station'' each place it
appears and inserting ``radio station, or motorized vehicle
utilized under section 826(b)''.
SEC. 209. COAST GUARD HISTORY FELLOWSHIPS.
(a) Fellowships Authorized.--Chapter 9 of title 14, United
States Code, is amended by adding at the end the following:
``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.''.
SEC. 210. ICEBREAKERS.
(a) Operation and Maintenance Plan.--Not later than 90 days
after the date of enactment of this Act, the Secretary of the
department in which the Coast Guard is operating shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a plan--
(1) for operation and maintenance after fiscal year
2006 of the Coast Guard polar icebreakers POLAR STAR,
POLAR SEA, and HEALY, that does not rely on the
transfer of funds to the Coast Guard by any other
Federal agency; and
(2) for the long-term recapitalization of these
assets.
(b) Necessary Measures.--The Secretary shall take all
necessary measures to ensure that the Coast Guard maintains, at
a minimum, its current vessel capacity for carrying out ice
breaking in the Arctic and Antarctic, Great Lakes, and New
England regions, including the necessary funding for operation
and maintenance of such vessels, until it has implemented the
long-term recapitalization of the Coast Guard polar icebreakers
POLAR STAR, POLAR SEA, and HEALY in accordance with the plan
submitted under subsection (a).
(c) Reimbursement.--Nothing in this section shall preclude
the Secretary from seeking reimbursement for operation and
maintenance costs of such polar icebreakers from other Federal
agencies and entities, including foreign countries, that
benefit from the use of the icebreakers.
(d) Authorization of Appropriations.--There is authorized
to be appropriated for fiscal year 2006 to the Secretary of the
department in which the Coast Guard is operating $100,000,000
to carry out this section with respect to the polar icebreakers
referred to in subsection (a).
SEC. 211. OPERATION AS A SERVICE IN THE NAVY.
Section 3 of title 14, United States Code, is amended by
inserting ``if Congress so directs in the declaration'' after
``Upon the declaration of war''.
SEC. 212. LIMITATION ON MOVING ASSETS TO ST. ELIZABETH'S HOSPITAL.
The Commandant of the Coast Guard may not move any Coast
Guard personnel, property, or other assets to the West Campus
of St. Elizabeth's Hospital until the Administrator of General
Services submits to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation and the
Committee on Environment and Public Works of the Senate a
plan--
(1) to provide road access to the site from
Interstate Route 295;
(2) for the design of facilities for at least one
Federal agency other than the Coast Guard that would
house no fewer than 2,000 employees at such location;
(3) to provide transportation of employees and
visitors to and from sites in the District of Columbia
metropolitan area that are located within close
proximity to St. Elizabeth's Hospital;
(4) for the construction, facade, and layout of the
proposed structures, including security considerations,
parking facilities, medical facilities, dining
facilities, and physical exercise facilities on the
West Campus;
(5) that analyzes the costs of building
restrictions, planning considerations, and permitting
requirements of constructing new facilities on or near
historic landmarks and historic buildings (especially
those known to possess medical waste, lead paint, and
asbestos);
(6) that analyzes the feasibility of relocating
Coast Guard Headquarters--
(A) to the Department of Transportation
Headquarters located at L'Enfant Plaza;
(B) to the Waterfront Mall Complex in
Southwest District of Columbia; and
(C) to 3 alternative sites requiring either
new construction or leasing of current
facilities (other than those referred to in
subparagraphs (A) and (B)) within the District
of Columbia metropolitan area that accommodate
the Coast Guard's minimum square footage
requirements; and
(7) that analyzes how a potential move to the West
Campus of St. Elizabeth's Hospital would impact--
(A) the Coast Guard's ability to access and
cooperatively work with the Department of
Homeland Security and the other Federal
agencies of the Department; and
(B) plans under consideration for
relocating all or parts of the headquarters of
the Department of Homeland Security and other
offices of the Department.
SEC. 213. COOPERATIVE AGREEMENTS.
Not later than 180 days after the date of enactment of this
Act, the Secretary of the department in which the Coast Guard
is operating shall provide a report to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives on opportunities for cost savings and
operational efficiencies that can be achieved through and the
feasibility of colocating Coast Guard assets and personnel at
facilities of other armed forces throughout the United States.
The report shall--
(1) identify opportunities for cooperative
agreements with respect to siting of assets or
operations that may be established between the Coast
Guard and any of the other armed forces; and
(2) analyze anticipated costs and benefits, and
operational impacts associated with each site and such
agreements.
SEC. 214. BIODIESEL FEASIBILITY STUDY.
(a) Study.--The Secretary of the department in which the
Coast Guard is operating shall conduct a study that examines
the technical feasibility, costs, and potential cost savings of
using biodiesel fuel in new and existing Coast Guard vehicles
and vessels and that focuses on the use of biodiesel fuel in
ports which have a high density of vessel traffic, including
ports for which vessel traffic systems have been established.
(b) Report.--Not later than one year after the date of
enactment of this Act, the Secretary shall submit a report
containing the findings, conclusions, and recommendations (if
any) from the study to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
SEC. 215. BOATING SAFETY DIRECTOR.
(a) In General.--Subchapter A of chapter 11 of title 14,
United States Code, is amended by adding at the end the
following:
``Sec. 216. Director of Boating Safety Office
``The initial appointment of the Director of the Boating
Safety Office shall be in the grade of Captain.''.
(b) Clerical Amendment.--The analysis for such chapter is
amended by inserting after the item relating to section 215 the
following:
``216. Director of Boating Safety Office.''.
SEC. 216. HANGAR AT COAST GUARD AIR STATION BARBERS POINT.
Not later than 180 days after the date of enactment of this
Act, the Secretary of the department in which the Coast Guard
is operating shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a proposal and cost analysis for constructing
an enclosed hangar at Air Station Barbers Point, Hawaii. The
proposal should ensure that the hangar has the capacity to
shelter current aircraft assets and those projected to be
located at the station over the next 20 years.
SEC. 217. PROMOTION OF COAST GUARD OFFICERS.
(a) In General.--Section 211(a) of title 14, United States
Code, is amended to read as follows:
``(a)(1) The President may appoint permanent commissioned
officers in the Regular Coast Guard in grades appropriate to
their qualification, experience, and length of service, as the
needs of the Coast Guard may require, from among the following
categories:
``(A) Graduates of the Coast Guard Academy.
``(B) Commissioned warrant officers, warrant
officers, and enlisted members of the Regular Coast
Guard.
``(C) Members of the Coast Guard Reserve who have
served at least 2 years as such.
``(D) Licensed officers of the United States
merchant marine who have served 2 or more years aboard
a vessel of the United States in the capacity of a
licensed officer.
``(2) Original appointments under this section in the
grades of lieutenant commander and above shall be made by the
President by and with the advice and consent of the Senate.
``(3) Original appointments under this section in the
grades of ensign through lieutenant shall be made by the
President alone.''.
(b) Wartime Temporary Service Promotion.--Section 275(f) of
such title is amended by striking the second and third
sentences and inserting ``Original appointments under this
section in the grades of lieutenant commander and above shall
be made by the President by and with the advice and consent of
the Senate. Original appointments under this section in the
grades of ensign through lieutenant shall be made by the
President alone.''.
SEC. 218. REDESIGNATION OF COAST GUARD LAW SPECIALISTS AS JUDGE
ADVOCATES.
(a) Definitions in Title 10.--Section 801 of title 10,
United States Code, is amended--
(1) by striking paragraph (11); and
(2) in paragraph (13) by striking subparagraph (C)
and inserting the following:
``(C) a commissioned officer of the Coast
Guard designated for special duty (law).''.
(b) Conforming Amendments.--
(1) Title 14.--Section 727 of title 14, United
States Code, is amended by striking ``law specialist''
and inserting ``judge advocate''.
(2) Social security act.--Section 465(a)(2) of the
Social Security Act (42 U.S.C. 665(a)(2)) is amended by
striking ``law specialist'' and inserting ``judge
advocate''.
TITLE III--SHIPPING AND NAVIGATION
SEC. 301. TREATMENT OF FERRIES AS PASSENGER VESSELS.
(a) Ferry Defined.--Section 2101 of title 46, United States
Code, is amended by inserting after paragraph (10a) the
following:
``(10b) `ferry' means a vessel that is used on a
regular schedule--
``(A) to provide transportation only
between places that are not more than 300 miles
apart; and
``(B) to transport only--
``(i) passengers; or
``(ii) vehicles, or railroad cars,
that are being used, or have been used,
in transporting passengers or goods.''.
(b) Passenger Vessels That Are Ferries.--Section 2101(22)
of title 46, United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph
(B);
(2) by striking the period at the end of
subparagraph (C) and inserting ``; or''; and
(3) by adding at the end the following:
``(D) that is a ferry carrying a
passenger.''.
(c) Small Passenger Vessels That Are Ferries.--Section
2101(35) of title 46, United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph
(C);
(2) by striking the period at the end of
subparagraph (D) and inserting ``; or''; and
(3) by adding at the end the following:
``(E) that is a ferry carrying more than 6
passengers.''.
SEC. 302. GREAT LAKES PILOTAGE ANNUAL RATEMAKING.
Section 9303 of title 46, United States Code, is amended--
(1) in subsection (f) by inserting at the end the
following: ``The Secretary shall establish new pilotage
rates by March 1 of each year. The Secretary shall
establish base pilotage rates by a full ratemaking at
least once every 5 years and shall conduct annual
reviews of such base pilotage rates, and make
adjustments to such base rates, in each intervening
year.''; and
(2) by adding at the end the following:
``(g) The Secretary shall ensure that a sufficient number
of individuals are assigned to carrying out subsection (f).''.
SEC. 303. CERTIFICATION OF VESSEL NATIONALITY IN DRUG SMUGGLING CASES.
Section 3(c)(2) of the Maritime Drug Law Enforcement Act
(46 U.S.C. App. 1903(c)(2)) is amended by striking the last two
sentences and inserting the following: ``The response of a
foreign nation to a claim of registry under subparagraph (A) or
(C) may be made by radio, telephone, or similar oral or
electronic means, and is conclusively proved by certification
of the Secretary of State or the Secretary's designee.''.
SEC. 304. LNG TANKERS.
(a) Program.--The Secretary of Transportation shall develop
and implement a program to promote the transportation of
liquefied natural gas to the United States on United States
flag vessels.
(b) Amendment to Deepwater Port Act.--Section 4 of the
Deepwater Port Act of 1974 (33 U.S.C. 1503) is amended by
adding at the end the following:
``(i) To promote the security of the United States, the
Secretary shall give top priority to the processing of a
license under this Act for liquefied natural gas facilitiesthat
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.
SEC. 305. USE OF MARITIME SAFETY AND SECURITY TEAMS.
Section 70106(b)(8) of title 46, United States Code, is
amended by striking ``other security missions'' and inserting
``any other missions of the Coast Guard''.
SEC. 306. ENHANCED CIVIL PENALTIES FOR VIOLATIONS OF PROVISIONS ENACTED
BY THE COAST GUARD AND MARITIME TRANSPORTATION ACT
OF 2004.
(a) Continuing Violations.--The section enumerated 70119 of
title 46, United States Code, as redesignated and transferred
by section 802(a)(1) of the Coast Guard and Maritime
Transportation Security Act of 2004 (118 Stat. 1078), relating
to civil penalty, is amended--
(1) by inserting ``(a) In General.--'' before
``Any'';
(2) by striking ``violation.'' and inserting ``day
during which the violation continues.''; and
(3) by adding at the end the following:
``(b) Continuing Violations.--The maximum amount of a civil
penalty for a violation under this section shall not exceed
$50,000.''.
(b) Application of Civil Penalty Procedures.--Section 2107
of title 46, United States Code, is amended by striking ``this
subtitle'' each place it appears and inserting ``this subtitle
or subtitle VII''.
SEC. 307. TRAINING OF CADETS AT UNITED STATES MERCHANT MARINE ACADEMY.
Section 1303(f) of the Merchant Marine Act, 1936 (46 App.
U.S.C. 1295b(f)) is amended--
(1) by striking ``and'' at the end of paragraph
(2);
(2) by striking the period at the end of paragraph
(3) and inserting ``; and''; and
(3) by adding at the end the following:
``(4) on any other vessel considered by the
Secretary to be necessary or appropriate or in the
national interest.''.
SEC. 308. REPORTS FROM MORTGAGEES OF VESSELS.
Section 12120 of title 46, United States Code, is amended
by striking ``owners, masters, and charterers'' and inserting
``owners, masters, charterers, and mortgagees''.
SEC. 309. DETERMINATION OF THE SECRETARY.
Section 70105(c) of title 46, United States Code, is
amended--
(1) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) Denial of waiver review.--
``(A) In general.--The Secretary shall
establish a review process before an
administrative law judge for individuals denied
a waiver under paragraph (2).
``(B) Scope of review.--In conducting a
review under the process established pursuant
to subparagraph (A), the 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 tothe Secretary at the time the
initial waiver request was denied.''.
SEC. 310. SETTING, RELOCATING, AND RECOVERING ANCHORS.
Section 12105 of title 46, United States Code, is amended
by adding at the end the following:
``(c)(1) Only a vessel for which a certificate of
documentation with a registry endorsement is issued may engage
in--
``(A) the setting, relocation, or recovery of the
anchors or other mooring equipment of a mobile offshore
drilling unit that is located over the outer
Continental Shelf (as defined in section 2(a) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)));
or
``(B) the transportation of merchandise or
personnel to or from a point in the United States from
or to a mobile offshore drilling unit located over the
outer Continental Shelf that is not attached to the
seabed.
``(2) Nothing in paragraph (1) authorizes the employment in
the coastwise trade of a vessel that does not meet the
requirements of section 12106 of this title.''.
SEC. 311. INTERNATIONAL TONNAGE MEASUREMENT OF VESSELS ENGAGED IN THE
ALEUTIAN TRADE.
(a) General Inspection Exemption.--Section 3302(c)(2) of
title 46, United States Code, is amended to read as follows:
``(2) Except as provided in paragraphs (3) and (4) of this
subsection, the following fish tender vessels are exempt from
section 3301(1), (6), (7), (11), and (12) of this title:
``(A) A vessel of not more than 500 gross tons as
measured under section 14502 of this title or an
alternate tonnage measured under section 14302 of this
title as prescribed by the Secretary under section
14104 of this title.
``(B) A vessel engaged in the Aleutian trade that
is not more than 2,500 gross tons as measured under
section 14302 of this title.''.
(b) Other Inspection Exemption and Watch Requirement.--
Paragraphs (3)(B) and (4) of section 3302(c) of title 46,
United States Code, and section 8104(o) of that title are each
amended by striking ``or an alternate tonnage measured under
section 14302 of this title as prescribed by the Secretary
under section 14104 of this title'' and inserting ``or less
than 500 gross tons as measured under section 14502 of this
title, or is less than 2,500 gross tons as measured under
section 14302 of this title''.
SEC. 312. RIDING GANGS.
(a) In General.--Chapter 81 of title 46, United States
Code, is amended by adding at the end the following:
``Sec. 8106. Riding gangs
``(a) In General.--The owner or managing operator of a
freight vessel of the United States on voyages covered by the
International Convention for Safety of Life at Sea, 1974 (32
UST 47m) shall--
``(1) ensure that--
``(A) subject to subsection (d), each
riding gang member on the vessel--
``(i) is a United States citizen or
an alien lawfully admitted to the
United States for permanent residence;
or
``(ii) possesses a United States
nonimmigrant visa for individuals
desiring to enter the United States
temporarily for business, employment-
related and personal identifying
information, and any other
documentation required by the
Secretary;
``(B) all required documentation for such
member is kept on the vessel and available for
inspection by the Secretary; and
``(C) each riding gang member is identified
on the vessel's crew list;
``(2) ensure that--
``(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.''.
TITLE IV--MISCELLANEOUS
SEC. 401. AUTHORIZATION OF JUNIOR RESERVE OFFICERS TRAINING PROGRAM
PILOT PROGRAM.
(a) In General.--The Secretary of the department in which
the Coast Guard is operating may carry out a pilot program to
establish and maintain a junior reserve officers training
program in cooperation with the Camden County High School in
Camden County, North Carolina.
(b) Program Requirements.--The pilot program carried out by
the Secretary under this section shall provide to students at
Camden County High School--
(1) instruction in subject areas relating to
operations of the Coast Guard; and
(2) training in skills which are useful and
appropriate for a career in the Coast Guard.
(c) Provision of Additional Support.--To carry out the
pilot program under this section, the Secretary may provide to
Camden County High School--
(1) assistance in course development, instruction,
and other support activities; and
(2) necessary and appropriate course materials,
equipment, and uniforms.
(d) Employment of Retired Coast Guard Personnel.--
(1) In general.--Subject to paragraph (2) of this
subsection, the Secretary may authorize the Camden
County High School to employ, as administrators and
instructors for the pilot program, retired Coast Guard
and Coast Guard Reserve commissioned, warrant, and
petty officers not on active duty who request that
employment and who are approved by the Secretary and
Camden County High School.
(2) Authorized pay.--
(A) In general.--Retired members employed
under paragraph (1) of this subsectionare
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.
SEC. 402. TRANSFER.
Section 602 of the Coast Guard and Maritime Transportation
Act of 2004 (118 Stat. 1050) is amended--
(1) in subsection (b)(2) by striking ``to be
conveyed'' and all that follows through the period and
inserting ``to be conveyed to CAS Foundation, Inc. (a
nonprofit corporation under the laws of the State of
Indiana).''; and
(2) in subsection (c)(1)(A) by inserting ``or, in
the case of the vessel described in subsection (b)(2)
only, for humanitarian purposes'' before the semicolon
at the end.
SEC. 403. LORAN-C.
There are authorized to be appropriated to the Department
of Transportation, in addition to funds authorized for the
Coast Guard for operation of the LORAN-C system, for capital
expenses related to LORAN-C navigation infrastructure,
$25,000,000 for fiscal year 2006 and $25,000,000 for fiscal
year 2007. The Secretary of Transportation may transfer from
the Federal Aviation Administration and other agencies of the
Department funds appropriated as authorized under this section
in order to reimburse the Coast Guard for related expenses.
SEC. 404. LONG-RANGE VESSEL TRACKING SYSTEM.
(a) Pilot Project.--The Secretary of the department in
which the Coast Guard is operating, acting through the
Commandant of the Coast Guard, shall conduct a 3-year pilot
program for long-range tracking of up to 2,000 vessels using
satellite systems with a nonprofit maritime organization that
has a demonstrated capability of operating a variety of
satellite communications systems providing data to vessel
tracking software and hardware that provides long-range vessel
information to the Coast Guard to aid maritime security and
response to maritime emergencies.
(b) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary $4,000,000 for each of
fiscal years 2006, 2007, and 2008 to carry out subsection (a).
SEC. 405. MARINE VESSEL AND COLD WATER SAFETY EDUCATION.
The Coast Guard shall continue cooperative agreements and
partnerships with organizations in effect on the date of
enactment of this Act that provide marine vessel safety
training and cold water immersion education and outreach
programs for fishermen and children.
SEC. 406. REPORTS.
(a) Adequacy of Assets.--
(1) Review.--The Commandant of the Coast Guard
shall review the adequacy of assets and facilities
described in subsection (b) to carry out the Coast
Guard's missions, including search and rescue, illegal
drug and migrant interdiction, aids to navigation,
ports, waterways and coastal security, marine
environmental protection, and fisheries law
enforcement.
(2) Report.--Not later than 180 days after the date
of enactment of this Act, the Commandant shall submit
to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that includes the findings of
the review and any recommendations to enhance mission
capabilities in those areas referred to in paragraph
(1).
(b) Areas of Review.--The report under subsection (a) shall
provide information and recommendations on the following
assets:
(1) Coast Guard vessels and aircraft stationed in
the Commonwealth of Puerto Rico.
(2) Coast Guard vessels and aircraft stationed in
the State of Louisiana along the Lower Mississippi
River between the Port of New Orleans and the Red
River.
(3) Coast Guard vessels and aircraft stationed in
Coast Guard Sector Delaware Bay.
(4) Physical infrastructure at Boat Station Cape
May in the State of New Jersey.
(c) Adequacy of Active-Duty Strength.--
(1) Review.--The Commandant of the Coast Guard
shall review the adequacy of the strength of active-
duty personnel authorized under section 102(a) of this
Act to carry out the Coast Guard's missions, including
search and rescue, illegal drug and migrant
interdiction, aids to navigation, ports, waterways, and
coastal security, marine environmental protection, and
fisheries law enforcement.
(2) Report.--Not later than 180 days after the date
of enactment of this Act, the Commandant shall submit
to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report that includes the findings of
the review.
SEC. 407. CONVEYANCE OF DECOMMISSIONED COAST GUARD CUTTER MACKINAW.
(a) In General.--Upon the scheduled decommissioning of the
Coast Guard Cutter MACKINAW, the Commandant of the Coast Guard
shall convey without consideration all right, title, and
interest of the United States in and to that vessel to the
Icebreaker Mackinaw Maritime Museum, Inc., located in the State
of Michigan if--
(1) the recipient agrees--
(A) to use the vessel for purposes of a
museum;
(B) not to use the vessel for commercial
transportation purposes;
(C) to make the vessel available to the
United States Government if needed for use by
the Commandant in time of war or a national
emergency; and
(D) to hold the Government harmless for any
claims arising from exposure to hazardous
materials, including asbestos and
polychlorinated biphenyls (PCBs), after
conveyance of the vessel, except for claims
arising from the use by the Government under
subparagraph (C);
(2) the recipient has funds available that will be
committed to operate and maintain the vessel conveyed
in good working condition, in the form of cash, liquid
assets, or a written loan commitment, and in an amount
of at least $700,000; and
(3) the recipient agrees to any other conditions
the Commandant considers appropriate.
(b) Maintenance and Delivery of Vessel.--
(1) Maintenance.--Before conveyance of the vessel
under this section, the Commandant shall make, to the
extent practical and subject to other Coast Guard
mission requirements, every effort to maintain the
integrity of the vessel and its equipment until the
time of delivery.
(2) Delivery.--If a conveyance is made under this
section, the Commandant shall deliver the vessel to a
suitable mooring in the local area, in its present
condition, no sooner than June 15, 2006, and not later
than 30 days after the date on which the vessel is
decommissioned.
(3) Treatment of conveyance.--The conveyance of the
vessel under this section shall not be considered a
distribution in commerce for purposes of section 6(e)
of Public Law 94-469 (15 U.S.C. 2605(e)).
(c) Other Excess Equipment.--The Commandant may convey to
the recipient any excess equipment or parts from other
decommissioned Coast Guard vessels for use to enhance the
vessel's operability and function for purposes of a museum.
SEC. 408. DEEPWATER REPORTS.
(a) Annual Deepwater Implementation Report.--Not later than
30 days after the date of enactment of this Act and in
conjunction with the transmittal by the President of the budget
of the United States for each fiscal year thereafter, the
Secretary of the department in which the Coast Guard is
operating shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the implementation of the
Integrated Deepwater Systems Program, as revised in 2005 (in
this section referred to as the ``Deepwater program''), that
includes--
(1) a justification for how the projected number
and capabilities of each Deepwater program asset meets
the revised mission needs statement delivered as part
of the Deepwater program and the performance goals of
the Coast Guard;
(2) a projection of the remaining operational
lifespan of each legacy asset;
(3) an identification of any changes to the
Deepwater program, including--
(A) any changes to the timeline for the
acquisition of each new asset and the phase out
of legacy assets for the life of the Deepwater
program; and
(B) any changes to the costs for that
fiscal year or future fiscal years or the total
costs of the Deepwater program, including the
costs of new and legacy assets;
(4) a justification for how any change to the
Deepwater program fulfills the mission needs statement
for the Deepwater program and performance goals of the
Coast Guard;
(5) an identification of how funds in that fiscal
year's budget request will be allocated, including
information on the purchase of specific assets;
(6) a detailed explanation of how the costs of the
legacy assets are being accounted for within the
Deepwater program;
(7) a description of how the Coast Guard is
planning for the integration of Deepwater program
assets into the Coast Guard, including needs related to
shore-based infrastructure and human resources; and
(8) a description of the competitive process
conducted in all contracts and subcontracts exceeding
$2,500,000 awarded under the Deepwater program.
(b) Deepwater Acceleration Report.--Not later than 30 days
after the date of enactment of this Act, the Secretary shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the acceleration of the current
Deepwater program acquisition timeline that reflects completion
of the Deepwater program in each of 10 years and 15 years and
includes--
(1) a detailed explanation of the number and type
of each asset that would be procured for each fiscal
year under each accelerated acquisition timeline;
(2) the required funding for such completion under
each accelerated acquisition timeline;
(3) anticipated costs associated with legacy asset
sustainment for the Deepwater program under each
accelerated acquisition timeline;
(4) anticipated mission deficiencies, if any,
associated with the continued degradation of legacy
assets in combination with the procurement of new
assets under each accelerated acquisition timeline; and
(5) an evaluation of the overall feasibility of
achieving each accelerated acquisition timeline,
including--
(A) contractor capacity;
(B) national shipbuilding capacity;
(C) asset integration into Coast Guard
facilities;
(D) required personnel; and
(E) training infrastructure capacity on
technology associated with new assets.
(c) Oversight Report.--Not later than 90 days after the
date of enactment of this Act, the Commandant of the Coast
Guard, in consultation with the Government Accountability
Office, shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the status of the Coast Guard's
implementation of the Government Accountability Office's
recommendations in its report, GAO-04-380, entitled ``Coast
Guard Deepwater Program Needs Increased Attention to Management
and Contractor Oversight'', including the dates by which the
Coast Guard plans to complete implementation of such
recommendations if any of such recommendations remain open as
of the date the report is transmitted to the Committees.
(d) Independent Analysis of Revised Deepwater Plan.--The
Secretary may periodically, either through an internal review
process or a contract with an outside entity, conduct an
analysis of all or part of the Deepwater program and assess
whether--
(1) the choice of assets and capabilities selected
as part of that program meets the Coast Guard's goals
for performance and minimizing total ownership costs;
or
(2) additional or different assets should be
considered as part of that program.
SEC. 409. HELICOPTERS.
(a) Study.--The Secretary of the department in which the
Coast Guard is operating shall conduct a study that analyses
the potential impact on Coast Guard acquisitions of requiring
that the Coast Guard acquire only helicopters, or any major
component of a helicopter, that are constructed in the United
States.
(b) Study Elements.--The study shall include--
(1) identification of additional costs or added
benefits that would result from the additional
restrictions described in subsection (a) on
acquisitions from nondomestic sources, including major
components or subsystems;
(2) industrial impact on the United States of such
additional restrictions on acquisitions from
nondomestic sources;
(3) the contractual impact of such additional
restrictions on the Integrated Deepwater Systems
Program and its platform elements, including delivery
interruptions in the program and the subsequent mission
impact of these delays; and
(4) identification of reasonable executive
authorities to waive such additional restrictions that
the Secretary considers essential in order to ensure
continued mission performance of the United States
Coast Guard.
(c) Report.--Not later than one year after the date of
enactment of this Act, the Secretary shall submit a report on
the results of the study and any recommendations of the
Secretary regarding such results to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
SEC. 410. NEWTOWN CREEK, NEW YORK CITY, NEW YORK.
(a) Study.--Of the amounts provided under section 1012 of
the Oil Pollution Act of 1990 (33 U.S.C. 2712), the
Administrator of the Environmental Protection Agency shall
conduct a study of public health and safety concerns related to
the pollution of Newtown Creek, New York City, New York, caused
by seepage of oil into Newtown Creek from 17,000,000 gallons of
underground oil spills in Greenpoint, Brooklyn, New York.
(b) Report.--Not later than one year after the date of
enactment of this Act, the Administrator shall submit a report
containing the results of the study to the Committee on
Environment and Public Works and the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
SEC. 411. REPORT ON TECHNOLOGY.
Not later than 180 days after the date of enactment of this
Act, the Commandant of the Coast Guard shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report that includes an
assessment of--
(1) the availability and effectiveness of software
information technology systems for port security and
the data evaluated, including data that has the ability
to identify shippers, inbound vessels, and their cargo
for potential threats to national security before it
reaches United States ports, specifically the software
already tested or being tested at Joint Harbor
Operations Centers; and
(2) the costs associated with implementing such
technology at all Sector Command Centers, Joint Harbor
Operations Centers, and strategic defense and energy
dependent ports.
SEC. 412. ASSESSMENT AND PLANNING.
There is authorized to be appropriated to the Maritime
Administration $400,000 to carry out an assessment of, and
planning for, the impact of an Arctic Sea Route on the
indigenous people of Alaska.
SEC. 413. HOMEPORT.
(a) Study.--The Commandant of the Coast Guard shall conduct
a study to assess the current homeport arrangement of the Coast
Guard polar icebreaker HEALY to determine whether an
alternative arrangement would enhance the Coast Guard's
capabilities to carry out the recommendation to maintain
dedicated, year-round icebreaker capability for the Arctic that
was included in the report prepared by the National Academy of
Sciences and entitled: ``Polar Icebreaker Roles and U.S. Future
Needs: A Preliminary Assessment (ISBN: 0-309-10069-0)''.
(b) Report.--Not later than one year after the date of
enactment of this Act, the Commandant shall report the findings
of the study to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
SEC. 414. OPINIONS REGARDING WHETHER CERTAIN FACILITIES CREATE
OBSTRUCTIONS TO NAVIGATION.
Section 14 of the Ports and Waterways Safety Act (33 U.S.C.
1232a)) is amended--
(1) by redesignating subsection (d) as subsection
(e); and
(2) by inserting after subsection (c) the
following:
``(d) Wind Energy Facility.--
``(1) In general.--An offshore wind energy facility
may not be constructed in the area commonly known as
`Nantucket Sound' unless the construction of such
facility is approved by the Commandant of the Coast
Guard.
``(2) Information.--A person proposing to build an
offshore wind energy facility in the area commonly
known as `Nantucket Sound' shall provide to the
Commandant of the Coast Guard and the Governor of any
adjacent coastal State a plan for the siting and
construction of the facility, including the location,
size, and design of each wind turbine that will be a
part of the facility, any cable connecting the facility
to onshore sites, any other offshore components, and
such other information as the Commandant may require.
``(3) Limitation on approval.--The Commandant may
not approve the construction of a facility described in
paragraph (1) if--
``(A) within 90 days of the date of receipt
of the plan for the facility under paragraph
(2), the Governor of an adjacent coastal State
makes a written determination that the Governor
opposes the proposed location for the facility
and submits the determination to the
Commandant; or
``(B) the Commandant determines that the
facility creates a hazard to navigation.
``(4) Adjacent coastal state defined.--In this
section, the term `adjacent coastal State', as used
with respect to a proposed wind energy facility, is any
coastal State which--
``(A) would be directly connected by a
cable to the facility; or
``(B) is located within 15 miles of the
proposed location of the facility.''.
SEC. 415. PORT RICHMOND.
The Secretary of the department in which the Coast Guard is
operating, acting through the Commandant of the Coast Guard,
may not approve a security plan under section 70103(c) of title
46, United States Code, for a liquefied natural gas import
facility at Port Richmond in Philadelphia, Pennsylvania, until
the Secretary conducts a vulnerability assessment under section
70102(b) of such title.
SEC. 416. WESTERN ALASKA COMMUNITY DEVELOPMENT QUOTA PROGRAM.
(a) Restatement of Existing Program Incorporating 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, PortHeiden, 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 costsand
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
Secretaryreduces 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''.
SEC. 417. QUOTA SHARE ALLOCATION.
(a) In General.-- The Secretary of Commerce shall modify
the Voluntary Three-Pie Cooperative Program for crab fisheries
of the Bering Sea and Aleutian Islands being implemented under
section 313(j) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1862(j)) to require that Blue Dutch,
LLC, receives processor quota shares units equal to 0.75
percent of the total number of processor quota share units for
each of the following fisheries: the Bristol Bay red king crab
fishery and the Bering Sea C. opilio crab fishery.
(b) Applicability.--The modification made under subsection
(a) shall apply with respect to each fishery referred to in
subsection (a) whenever the total allowable catch for that
fishery is more than 2 percent higher than the most recent
total allowable catch in effect for that fishery prior to
September 15, 2005.
(c) Savings Provision.--Nothing in this section affects the
authority of the North Pacific Fishery Management Council to
submit, and the Secretary of Commerce to implement, changes to
or repeal of conservation and management measures under section
313(j)(3) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1862(j)(3)).
(d) Regulations.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Commerce shall issue
regulations to implement this section.
SEC. 418. MAINE FISH TENDER VESSELS.
The prohibition under section 27 of the Merchant Marine
Act, 1920 (46 App. U.S.C. 883) against transportation of fish
or shellfish between places in the State of Maine by a vessel
constructed in Canada shall not apply to a vessel of less than
5 net tons if--
(1) the vessel was engaged in the transportation of
fish or shellfish between places in the State of Maine
before January 1, 2005;
(2) before January 1, 2005, the owner of the vessel
transported fish or shellfish pursuant to a valid
wholesale seafood license issued under section 6851 of
title 12 of the Maine Revised Statutes;
(3) the vessel is owned by a person that meets the
citizenship requirements of section 2 of the Shipping
Act, 1916 (46 U.S.C. App. 802); and
(4) not later than 180 days after the date of
enactment of this Act, the owner of the vessel submits
to the Secretary of the department in which the Coast
Guard is operating an affidavit certifying that the
vessel and owner meet the requirements of this section.
SEC. 419. AUTOMATIC IDENTIFICATION SYSTEM.
(a) Prevention of Harmful Interference.--Not later than 60
days after the date of enactment of this Act, the Secretary of
the department in which the Coast Guard is operating, acting
through the Commandant of the Coast Guard, may transfer
$1,000,000 to the National Telecommunications and Information
Administration of the Department of Commerce for the purposes
of awarding, not later than 120 days after such date of
enactment, a competitive grant to design and develop a
prototype device that integrates a Class B Automatic
Identification System transponder (International
Electrotechnical Commission standard 62287) with a wireless
maritime data device approved by the Federal Communications
Commission with channel throughput greater than 19.2 kilobits
per second to enable such wireless maritime data device to
provide wireless maritime data services, concurrent with the
operation of the transponder, on frequency channels adjacent to
the frequency channels on which the transponder operates, while
minimizing or eliminating the harmful interference between the
transponder and such wireless maritime data device. The design
of the device developed under this subsection shall be
available for public use.
(b) Implementation of AIS.--It is the sense of the Senate,
not later than 60 days after the date of enactment of this Act,
that the Federal Communications Commission should resolve the
disposition of its rulemaking on the Automatic Information
System and licensee use of frequency bands 157.1875-157.4375
MHz and 161.7875-162.0375 MHz (RM-10821, WT Docket Number 04-
344). The implementation of this section shall not delay the
implementation of an Automatic Identification System as
required by section 70114 of title 46, United States Code, and
international convention.
SEC. 420. VOYAGE DATA RECORDER STUDY AND REPORT.
(a) Study.--The Secretary of the department in which the
Coast Guard is operating shall study--
(1) the carriage of a voyage data recorder by a
passenger vessel described in section 2101(22)(D) of
title 46, United States Code, carrying more than 399
passengers; and
(2) standards for voyage data recorders, methods
for approval of models of voyage data recorders, and
procedures for annual performance testing of voyage
data recorders.
(b) Consultation.--In conducting the study, the Secretary
shall consult, at a minimum, with manufacturers of voyage data
recorders and operators of potentially affected passenger
vessels.
(c) Report.--Not later than one year after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the study's
findings, including a proposal for legislation if such a
proposal is considered appropriate by the Secretary.
SEC. 421. DISTANT WATER TUNA FLEET.
(a) Manning Requirements.--Notwithstanding section 8103(a)
of title 46, United States Code, United States purse seine
fishing vessels fishing exclusively for highly migratory
species in the treaty area under a fishing license issued
pursuant to the 1987 Treaty on Fisheries Between the
Governments of Certain Pacific Islands States and the
Government of the United States of America, or transiting to or
from the treaty area exclusively for such purpose, may engage
foreign citizens to meet the manning requirement (except for
the master) in the 48-month period beginning on the date of
enactment of this Act if, after timely notice of a vacancy to
meet the manning requirement, no United States citizen
personnel are readily available to fill such vacancy.
(b) Licensing Restrictions.--
(1) In general.--Subsection (a)(1) only applies to
a foreign citizen that holds a valid license or
certificate issued--
(A) in accordance with the standards
established by the 1995 amendments to the
Convention on Standards of Training,
Certification and Watchkeeping for Seafarers,
1978 (STCW 95); and
(B) by an authority that the Secretary of
the department in which the Coast Guard is
operating recognizes as imposing competency and
training standards equivalent to or exceeding
those required for a United States license
issued under chapter 71 of title 46, United
States Code.
(2) Treatment of equivalent license.--An equivalent
license or certificate as recognized by the Secretary
under paragraph (1) shall be considered as meeting the
requirements of section 8304 of title 46, United States
Code, but only while a person holding the license or
certificate is in the service of a vessel to which this
section applies.
(c) Limitation.--Subsection (a) applies only to vessels
operating in and out of American Samoa.
(d) Expiration.--This section expires 48 months after the
date of enactment of this Act.
(e) Reports.--On March 1, 2007, and annually thereafter
until the date of expiration of this section, the Coast Guard
and the National Marine Fisheries Service shall submit a report
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committees on Transportation and
Infrastructure and Resources of the House of Representatives,
providing the following information on the United States purse
seine fleet referred to in subsection (a):
(1) The number and identity of vessels in the fleet
using foreign citizens to meet manning requirements
pursuant to this section and any marine casualties
involving such vessel.
(2) The number of vessels in the fishery under
United States flag as of January 1 of the year in which
the report is submitted, the percentage ownership or
control of such vessels by non-United States citizens,
and the nationality of such ownership or control.
(3) Description of any transfers or sales of United
States flag vessels in the previous calendar year, and
the disposition of such vessel, including whether the
vessel was scrapped or sold, and, if sold,the
nationality of the new owner and location of any fishery to which the
vessel will be transferred.
(4) Landings of tuna by vessels under flag in the 2
previous calendar years, including an assessment of
landing trends, and a description of landing
percentages and totals--
(A) delivered to American Samoa and any
other port in a State or territory of the
United States; and
(B) delivered to ports outside of a State
or territory of the United States, including
the identity of the port.
(5) An evaluation of capacity and trends in the
purse seine fleet fishing in the area covered by the
South Pacific Regional Fisheries Treaty, and any
transfer of capacity from such fleet or area to other
fisheries, including those governed under the Western
and Central Pacific Fisheries Convention and the Inter-
American Tropical Tuna Convention.
TITLE V--LIGHTHOUSES
SEC. 501. TRANSFER.
(a) Jurisdictional Transfers.--Administrative jurisdiction
over the National Forest System lands in the State of Alaska
described in subsection (b) and improvements situated on such
lands is transferred without consideration from the Secretary
of Agriculture to the Secretary of the department in which the
Coast Guard is operating.
(b) Areas Referred To.--The areas of lands referred to in
subsection (a) are the following:
(1) Guard island light station.--The area described
in the Guard Island Lighthouse reserve dated January 4,
1901, comprising approximately 8.0 acres of National
Forest uplands.
(2) Eldred rock light station.--The area described
in the December 30, 1975, listing of the Eldred Rock
Light Station on the National Register of Historic
Places, comprising approximately 2.4 acres.
(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.
SEC. 502. MISTY FIORDS NATIONAL MONUMENT AND WILDERNESS.
(a) Requirement to Transfer.--Notwithstanding section
308(b) of the National Historic Preservation Act (16 U.S.C.
470w-7(b)), if the Secretary of the department in which the
Coast Guard is operating determines that the Tree Point Light
Station is no longer needed for the purposes of the Coast
Guard, the Secretary shall transfer without consideration to
the Secretary of Agriculture all administrative jurisdiction
over the Tree Point Light Station.
(b) Effectuation of Transfer.--The transfer pursuant to
this section shall be effectuated by a letter from the
Secretary of the department in which the Coast Guard is
operating to the Secretary of Agriculture and, except as
provided in subsection (g), without any further requirements
for administrative or environmental analyses or examination.
The transfer shall not be considered a conveyance to an
eligible entity pursuant to section 308(b) of the National
Historic Preservation Act (16 U.S.C. 470w-7(b)).
(c) Reservation for Aids to Navigation.--As part of the
transfer pursuant to this section, the Commandant of the Coast
Guard may reserve rights to operate and maintain Federal aids
to navigation at the site of the light station.
(d) Easements and Special Use Authorizations.--
Notwithstanding any other provision of law, including the
Wilderness Act (16 U.S.C. 1131 et seq.) and section 703 of the
Alaska National Interests Lands Conservation Act (16 U.S.C.
1132 note; 94 Stat. 2418), with respect to the light station
transferred pursuant to this section, the Secretary of
Agriculture--
(1) may identify an entity to be granted an
easement or other special use authorization and, in
identifying the entity, may consult with the Secretary
of the Interior concerning the application of policies
for eligible entities developed pursuant to subsection
308(b)(1) of the National Historic Preservation Act (16
U.S.C. 470w-7(b)(1)); and
(2) may grant an easement or other special use
authorization to the entity, for no consideration, to
approximately 31 acres as described in the map entitled
``Tree Point Light Station'', dated September 24, 2004,
on terms and conditions that provide for--
(A) maintenance and preservation of the
structures and improvements;
(B) the protection of wilderness and
national monument resources;
(C) public safety; and
(D) such other terms and conditions
considered appropriate by the Secretary of
Agriculture.
(e) Actions Following Termination or Revocation.--The
Secretary of Agriculture may take such actions as are
authorized under section 110(b) of the National Historic
Preservation Act (16 U.S.C. 470h-2(b)) with respect to Tree
Point Light Station if--
(1) no entity is identified under subsection (d)
within 3 years after the date on which administrative
jurisdiction is 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 theremediation of the land and structures at the
Tree Point Light Station.
SEC. 503. MISCELLANEOUS LIGHT STATIONS.
(a) Cape St. Elias Light Station.--For purposes of section
416(a)(2) of the Coast Guard Authorization Act of 1998 (112
Stat. 3435), the Cape St. Elias Light Station shall comprise
approximately 10 acres in fee, along with additional access
easements issued without consideration by the Secretary of
Agriculture, as generally described in the map entitled ``Cape
St. Elias Light Station'', dated September 14, 2004. The
Secretary of the department in which the Coast Guard is
operating shall keep such map on file and available for public
inspection.
(b) Point Wilson Lighthouse.--Section 325(c)(3) of the
Coast Guard Authorization Act of 1993 (107 Stat. 2432) is
amended--
(1) by striking ``and'' at the end of subparagraph
(B);
(2) by redesignating subparagraph (C) as
subparagraph (D); and
(3) by inserting after subparagraph (B) the
following:
``(C) all housing units and related
structures associated with the lighthouse;
and''.
SEC. 504. INCLUSION OF LIGHTHOUSE IN ST. MARKS NATIONAL WILDLIFE
REFUGE, FLORIDA.
(a) Revocation of Executive Order Dated November 12,
1838.--Any reservation of public land described in subsection
(b) for lighthouse purposes by the Executive Order dated
November 12, 1838, as amended by Public Land Order 5655, dated
January 9, 1979, is revoked.
(b) Description of Land.--The public land referred to in
subsection (a) consists of approximately 8.0 acres within the
external boundaries of St. Marks National Wildlife Refuge in
Wakulla County, Florida, that is east of the Tallahassee
Meridian, Florida, in Township 5 South, Range 1 East, Section 1
(fractional) and containing all that remaining portion of the
unsurveyed fractional section, more particularly described as
follows: A parcel of land, including submerged areas, beginning
at a point which marks the center of the light structure,
thence due North (magnetic) a distance of 350 feet to the point
of beginning a strip of land 500 feet in width, the axial
centerline of which runs from the point of 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
islocated 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.
TITLE VI--DELAWARE RIVER PROTECTION AND MISCELLANEOUS OIL PROVISIONS
SEC. 601. SHORT TITLE.
This title may be cited as the ``Delaware River Protection
Act of 2006''.
SEC. 602. REQUIREMENT TO NOTIFY COAST GUARD OF RELEASE OF OBJECTS INTO
THE NAVIGABLE WATERS OF THE UNITED STATES.
The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.)
is amended by adding at the end the following:
``SEC. 15. REQUIREMENT TO NOTIFY COAST GUARD OF RELEASE OF OBJECTS INTO
THE NAVIGABLE WATERS OF THE UNITED STATES.
``(a) Requirement.--As soon as a person has knowledge of
any release from a vessel or facility into the navigable waters
of the United States of any object that creates an obstruction
prohibited under section 10 of the Act of March 3, 1899,
popularly known as the Rivers and Harbors Appropriations Act of
1899 (33 U.S.C. 403), such person shall notify the Secretary
and the Secretary of the Army of such release.
``(b) Restriction on Use of Notification.--Any notification
provided by an individual in accordance with subsection (a) may
not be used against such individual in any criminal case,
except a prosecution for perjury or for giving a false
statement.''.
SEC. 603. LIMITS ON LIABILITY.
(a) Adjustment of Liability Limits.--
(1) Tank vessels.--Section 1004(a)(1) of the Oil
Pollution Act of 1990 (33 U.S.C. 2704(a)(1)) is amended
by striking subparagraphs (A) and (B) and inserting the
following:
``(A) with respect to a single-hull vessel,
including a single-hull vessel fitted with
double sides only or a double bottom only,
$3,000 per gross ton;
``(B) with respect to a vessel other than a
vessel referred to in subparagraph (A), $1,900
per gross ton; or
``(C)(i) with respect to a vessel greater
than 3,000 gross tons that is--
``(I) a vessel described in
subparagraph (A), $22,000,000; or
``(II) a vessel described in
subparagraph (B), $16,000,000; or
``(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.
SEC. 604. REQUIREMENT TO UPDATE PHILADELPHIA AREA CONTINGENCY PLAN.
Not later than one year after the date of enactment of this
Act and not less than annually thereafter, the Philadelphia
Area Committee established under section 311(j)(4) of the
Federal Water Pollution Control Act (33 U.S.C. 1321(j)(4))
shall review and revise the Philadelphia Area Contingency Plan
to include available data and biological information on
environmentally sensitive areas of the Delaware River and
Delaware Bay that has been collected by Federal and State
surveys.
SEC. 605. SUBMERGED OIL REMOVAL.
(a) Amendments.--Title VII of the Oil Pollution Act of 1990
is amended--
(1) in section 7001(c)(4)(B) (33 U.S.C.
2761(c)(4)(B)) by striking ``RIVERA,'' and inserting
``RIVERA and the T/V ATHOS I,''; and
(2) by adding at the end the following:
``SEC. 7002. SUBMERGED OIL PROGRAM.
``(a) Program.--
``(1) Establishment.--The Under Secretary of
Commerce for Oceans and Atmosphere, in conjunction with
the Commandant of the Coast Guard, shall establish a
program to detect, monitor, and evaluate the
environmental effects of submerged oil in the Delaware
River and Bay region. The program shall include the
following elements:
``(A) The development of methods to remove,
disperse, or otherwise diminish the persistence
of submerged oil.
``(B) The development of improved models
and capacities for predicting the environmental
fate, transport, and effects of submerged oil.
``(C) The development of techniques to
detect and monitor submerged oil.
``(2) Report.--Not later than 3 years after the
date of enactment of the Delaware River Protection Act
of 2006, the Secretary of Commerce shall submit to the
Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
on the activities carried out under this subsection and
activities proposed to be carried out under this
subsection.
``(b) Demonstration Project.--
``(1) Removal of submerged oil.--The Commandant of
the Coast Guard, in conjunction with the Under
Secretary of Commerce for Oceans and Atmosphere, shall
conduct a demonstration project for the purpose of
developing and demonstrating technologies and
management practices to remove submerged oil from the
Delaware River and other navigable waters.
``(2) Funding.--There is authorized to be
appropriated to the Commandant of the Coast Guard
$2,000,000 for each of fiscal years 2006 through 2010
to carry out this subsection.''.
(b) Clerical Amendment.--The table of sections in section 2
of such Act is amended by inserting after the item relating to
section 7001 the following:
``Sec. 7002. Submerged oil program.''.
SEC. 606. ASSESSMENT OF OIL SPILL COSTS.
(a) Assessment.--The Comptroller General shall conduct an
assessment of the cost of response activities and claims
related to oil spills from vessels that have occurred since
January 1, 1990, for which the total costs and claims paid was
at least $1,000,000 per spill.
(b) Report.--Not later than 18 months after the date of
enactment of this Act, the Comptroller General shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the assessment
conducted under subsection (a). The report shall summarize the
following:
(1) The costs and claims described in subsection
(a) for each year covered by the report.
(2) The source, if known, of each spill described
in subsection (a) for each such year.
SEC. 607. DELAWARE RIVER AND BAY OIL SPILL ADVISORY COMMITTEE.
(a) Establishment.--There is established the Delaware River
and Bay Oil Spill Advisory Committee (in this section referred
to as the ``Committee'').
(b) Membership.--
(1) In general.--The Committee shall consist of 27
members who are appointed by the Commandant of the
Coast Guard and who have particular expertise,
knowledge, and experience regarding the transportation,
equipment, and techniques that are used to ship cargo
and to navigate vessels in the Delaware River and
Delaware Bay, as follows:
(A) Three members who are employed by port
authorities that oversee operations on the
Delaware River or have been selected to
represent these port authorities, of whom--
(i) one member shall be an employee
or representative of the Port of
Wilmington;
(ii) one member shall be an
employee or representative of the South
Jersey Port Corporation; and
(iii) one member shall be an
employee or representative of the
Philadelphia Regional Port Authority.
(B) Two members who represent organizations
that operate tugs or barges that utilize the
port facilities on the Delaware River and
Delaware Bay.
(C) Two members who represent shipping
companies that transport cargo by vessel from
ports on the Delaware River and Delaware Bay,
of whom at least one may not be a
representative of a shipping company that
transports oil or petroleum products.
(D) Two members who represent operators of
oil refineries adjacent to the Delaware River
and Delaware Bay.
(E) Two members who represent State-
licensed pilots who work on the Delaware River
and Delaware Bay.
(F) One member who represents labor
organizations whose members load and unload
cargo at ports on the Delaware River and
Delaware Bay.
(G) One member who represents local
commercial fishing interests or an aquaculture
organization the members of which organization
depend on fisheries and 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.
SEC. 608. NONTANK VESSELS.
Section 311(a)(26) of the Federal Water Pollution Control
Act (33 U.S.C. 1321(A)(26)) is amended to read as follows:
``(26) `nontank vessel' means a self-propelled
vessel that--
``(A) is at least 400 gross tons as
measured under section 14302 of title 46,
United States Code, or, for vessels not
measured under that section, as measured under
section 14502 of that title;
``(B) is not a tank vessel;
``(C) carries oil of any kind as fuel for
main propulsion; and
``(D) operates on the navigable waters of
the United States, as defined in section
2101(17a) of that title.''.
TITLE VII--HURRICANE RESPONSE
SEC. 701. HOMEOWNERS ASSISTANCE FOR COAST GUARD PERSONNEL AFFECTED BY
HURRICANES KATRINA OR RITA.
(a) In General.--Notwithstanding any other provision of
law, the Secretary of the department in which the Coast Guard
is operating may reimburse a person who is eligible for
reimbursement under this section, for losses of qualified
property owned by such person that result from damage caused by
Hurricane Katrina or Hurricane Rita.
(b) Eligible Persons.--A person is eligible for
reimbursement under this section if the person is a civilian
employee of the Federal Government or member of the uniformed
services who--
(1) was assigned to, or employed at or in
connection with, a Coast Guard facility located in the
State of Louisiana, Mississippi, Alabama, or Texas on
or before August 28, 2005;
(2) incident to such assignment or employment,
owned and occupied property that is qualified property
under subsection (e); and
(3) as a result of the effects of Hurricane Katrina
or Hurricane Rita, incurred damage to such qualified
property such that--
(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.
SEC. 702. TEMPORARY AUTHORIZATION TO EXTEND THE DURATION OF LICENSES,
CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS'
DOCUMENTS.
(a) Licenses and Certificates of Registry.--Notwithstanding
section 7106 and 7107 of title 46, United States Code, the
Secretary of the department in which the Coast Guard is
operating may temporarily extend the duration of a license or
certificate of registry issued for an individual under chapter
71 of that title for up to one year if--
(1) the records of the individual are located at
the Coast Guard facility in New Orleans that was
damaged by Hurricane Katrina;
(2) the individual is a resident of Alabama,
Mississippi, or Louisiana; or
(3) the records of an individual were damaged or
lost as a result of Hurricane Katrina.
(b) Merchant Mariners' Documents.--Notwithstanding section
7302(g) of title 46, United States Code, the Secretary of the
department in which the Coast Guard is operating may
temporarily extend the duration of a merchant mariners'
document issued for an individual under chapter 73 of that
title for up to one year, if--
(1) the records of the individual are located at
the Coast Guard facility in New Orleans that was
damaged by Hurricane Katrina;
(2) the individual is a resident of Alabama,
Mississippi, or Louisiana; or
(3) the records of an individual were damaged or
lost as a result of Hurricane Katrina.
(c) Manner of Extension.--Any extensions granted under this
section may be granted to individual seamen or a specifically
identified group of seamen.
(d) Expiration of Authority.--The authorities provided
under this section expire on April 1, 2007.
SEC. 703. TEMPORARY AUTHORIZATION TO EXTEND THE DURATION OF VESSEL
CERTIFICATES OF INSPECTION.
(a) Authority to Extend.--Notwithstanding section 3307 and
3711(b) of title 46, United States Code, the Secretary of the
department in which the Coast Guard is operating may
temporarily extend the duration or the validity of a
certificate of inspection or a certificate of compliance issued
under chapter 33 or 37, respectively, of that title for up to 6
months for a vessel inspected by a Coast Guard Marine Safety
Office located in Alabama, Mississippi, or Louisiana.
(b) Expiration of Authority.--The authority provided under
this section expires on April 1, 2007.
SEC. 704. PRESERVATION OF LEAVE LOST DUE TO HURRICANE KATRINA
OPERATIONS.
(a) Preservation of Leave.--Notwithstanding section 701(b)
of title 10, United States Code, any member of the Coast Guard
who served on active duty for a continuous period of 30 days,
who was assigned to duty or otherwise detailed in support of
units or operations in the Eighth Coast Guard District area of
responsibility for activities to mitigate the consequences of,
or assist in the recovery from, Hurricane Katrina during the
period beginning on August 28, 2005, and ending on January 1,
2006, and who would have otherwise lost any accumulated leave
in excess of 60 days as a consequence of such assignment, is
authorized to retain an accumulated total of up to 120 days of
leave.
(b) Excess Leave.--Leave in excess of 60 days accumulated
under subsection (a) shall be lost unless used by the member
before the commencement of the second fiscal year following the
fiscal year in which the assignment commences, or in the case
of a Reserve member, the year in which the period of active
service is completed.
SEC. 705. REPORTS ON IMPACT TO COAST GUARD.
(a) Reports Required.--
(1) Interim report.--Not later than 90 days after
the date of enactment of this Act, the Secretary of the
department in which the Coast Guard is operating shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives an interim report on the impact of
Hurricane Katrina and the response of the Coast Guard
to such impact.
(2) Final report.--Not later than 180 days after
the date of the submittal of the report under paragraph
(1), the Secretary shall submit to the committees
referred to in paragraph (1) a final report on the
impact of Hurricane Katrina and the response of the
Coast Guard to such impact.
(b) Elements.--Each report required by subsection (a) shall
include the following:
(1) A discussion and assessment of the impact of
Hurricane Katrina on the facilities, aircraft, vessels,
and other assets of the Coast Guard, including an
assessment of such impact on pending or proposed
replacements or upgrades of facilities, aircraft,
vessels, or other assets of the Coast Guard.
(2) A discussion and assessment of the impact of
Hurricane Katrina on Coast Guard operations and
strategic goals.
(3) A statement of the number of emergency drills
held by the Coast Guard during the 5-year period ending
on the date of the report with respect to natural
disasters and with respect to security incidents.
(4) A description and assessment of--
(A) the lines of communication and
reporting, during the response to Hurricane
Katrina, within the Coast Guard and between the
Coast Guard and other departments and agencies
of the Federal Government and State and local
governments; and
(B) the interoperability of such
communications during the response to Hurricane
Katrina.
(5) A discussion and assessment of the financial
impact on Coast Guard operations during fiscal years
2005 and 2006 of unbudgeted increases in prices of
fuel.
SEC. 706. REPORTS ON IMPACTS ON NAVIGABLE WATERWAYS.
(a) Reports Required.--
(1) Interim report.--Not later than 90 days after
the date of enactment of this Act, the Secretary of the
department in which the Coast Guard is operating, in
consultation with the Secretary of Commerce, shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the impacts of Hurricane
Katrina on navigable waterways and the response of the
Coast Guard to such impacts.
(2) Final report.--Not later than 180 days after
the date of the submittal of the report required by
paragraph (1), the Secretary, in consultation with the
Secretary of Commerce, shall submit to the committees
referred to in paragraph (1) a report on the impacts of
Hurricane Katrina on navigable waterways with respect
to missions within the jurisdiction of the Coast Guard
and the response of the Coast Guard to such impacts.
(b) Elements.--Each report required by subsection (a) shall
include the following:
(1) A discussion and assessment of the impacts, and
associated costs, of Hurricane Katrina on--
(A) the navigable waterways of the United
States;
(B) facilities located in or on such
waterways;
(C) aids to navigation to maintain the
safety of such waterways; and
(D) any other equipment located in or on
such waterways related to a mission of the
Coast Guard.
(2) An estimate of the costs to the Coast Guard of
restoring the resources described in paragraph (1) and
an assessment of the vulnerability of such resources to
natural disasters in the future.
(3) A discussion and assessment of the
environmental impacts in areas within the Coast Guard's
jurisdiction of Hurricane Katrina, with a particular
emphasis on any releases of oil or hazardous chemicals
into the navigable waterways of the United States.
(4) A discussion and assessment of the response of
the Coast Guard to the impacts described in paragraph
(3), including an assessment of environmental
vulnerabilities in natural disasters in the future and
an estimate of the costs of addressing such
vulnerabilities.
(c) Navigable Waterways of the United States.--In this
section, the term ``navigable waterways of the United States''
includes waters of the United States as described in
Presidential Proclamation No. 5928 of December 27, 1988.
TITLE VIII--OCEAN COMMISSION RECOMMENDATIONS
SEC. 801. IMPLEMENTATION OF INTERNATIONAL AGREEMENTS.
In consultation with appropriate Federal agencies, the
Secretary of the department in which the Coast Guard is
operating shall work with the responsible officials and
agencies of other nations to accelerate efforts at the
International Maritime Organization to enhance oversight and
enforcement of security, environmental, and other agreements
adopted within the International Maritime Organization by flag
States on whom such agreements are binding, including
implementation of--
(1) a code outlining flag State responsibilities
and obligations;
(2) an audit regime for evaluating flag State
performance;
(3) measures to ensure that responsible
organizations, acting on behalf of flag States, meet
established performance standards; and
(4) cooperative arrangements to improve enforcement
on a bilateral, regional, or international basis.
SEC. 802. VOLUNTARY MEASURES FOR REDUCING POLLUTION FROM RECREATIONAL
BOATS.
In consultation with appropriate Federal, State, and local
government agencies, the Secretary of the department in which
the Coast Guard is operating shall undertake outreach programs
for educating the owners and operators of boats using two-
stroke engines about the pollution associated with such engines
and support voluntary programs that reduce such pollution and
encourage the early replacement of older two-stroke engines.
SEC. 803. INTEGRATION OF VESSEL MONITORING SYSTEM DATA.
The Secretary of the department in which the Coast Guard is
operating shall integrate vessel monitoring system data into
its maritime operations databases for the purpose of improving
monitoring and enforcement of Federal fisheries laws and work
with the Under Secretary of Commerce for Oceans and Atmosphere
to ensure effective use of such data for monitoring and
enforcement.
SEC. 804. FOREIGN FISHING INCURSIONS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the department in which
the Coast Guard is operating shall provide to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on steps that the Coast Guard will
take to significantly improve the Coast Guard's detection and
interdiction of illegal incursions into the United States
exclusive economic zone by foreign fishing vessels.
(b) Specific Issues to Be Addressed.--The report shall--
(1) focus on areas in the exclusive economic zone
where the Coast Guard has failed to detect or interdict
such incursions in the 4-fiscal-year period beginning
with fiscal year 2000, including such areas in the
Western/Central Pacific and the Bering Sea; and
(2) include an evaluation of the potential use of
unmanned aircraft and offshore platforms for detecting
or interdicting such incursions.
(c) Biennial Updates.--The Secretary shall provide biannual
reports updating the Coast Guard's progress in detecting or
interdicting such incursions to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.
TITLE IX--TECHNICAL CORRECTIONS
SEC. 901. MISCELLANEOUS TECHNICAL CORRECTIONS.
(a) Requirements for Cooperative Agreements for Voluntary
Services.--Section 93(a)(19) of title 14, United States Code,
is amended by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively.
(b) Correction of Amendment to Chapter Analysis.--Effective
August 9, 2004, section 212(b) of the Coast Guard and Maritime
Transportation Act of 2004 (118 Stat. 1037) is amended by
inserting ``of title 14'' after ``chapter 17''.
(c) Recommendations to Congress by Commandant of the Coast
Guard.--Section 93(a) of title 14, United States Code, is
amended by redesignating paragraph (y) as paragraph (24).
(d) Correction of Reference to Ports and Waterways Safety
Act.--Effective August 9, 2004, section 302 of the Coast Guard
and Maritime Transportation Act of 2004 (118 Stat. 1041) is
amended by striking ``of 1972''.
(e) Technical Correction of Penalty.--Section 4311(b) of
title 46, United States Code, is amended by striking
``4307(a)of'' and inserting ``4307(a) of''.
(f) Determining Adequacy of Potable Water.--Section 3305(a)
of title 46, United States Code, is amended by moving paragraph
(2) two ems to the left, so that the material preceding
subparagraph (A) of such paragraph aligns with the left-hand
margin of paragraph (1) of such section.
(g) Renewal of Advisory Group.--Effective August 9, 2004,
section 418(a) of the Coast Guard and Maritime Transportation
Act of 2004 (118 Stat. 1049) is amended by striking ``of
September 30, 2005'' and inserting ``on September 30, 2005''.
(h) Technical Corrections Relating to References to
National Driver Register.--
(1) Amendment instruction.--Effective August 9,
2004, section 609(1) of the Coast Guard and Maritime
Transportation Act of 2004 (118 Stat. 1058) is amended
in the matter preceding subparagraph (A) by striking
``7302'' and inserting ``7302(c)''.
(2) Omitted word.--Section 7302(c) of title 46,
United States Code, is amended--
(A) by inserting ``section'' before
``30305(b)(5)''; and
(B) by inserting ``section'' before
``30304(a)(3)(A)''.
(3) Extraneous u.s.c. reference.--Section 7703(3)
of title 46, United States Code, is amended by striking
``(23 U.S.C. 401 note)''.
(i) Vessel Response Plans for Nontank Vessels.--
(1) Correction of vessel references.--Section 311
of the Federal Water Pollution Control Act (33 U.S.C.
1321) is amended by striking ``non-tank'' each place it
appears and inserting ``nontank''.
(2) Punctuation error.--Effective August 9, 2004,
section 701(b)(9) of the Coast Guard and Maritime
Transportation Act of 2004 (118 Stat. 1068) is amended
by inserting closing quotation marks after ``each tank
vessel''.
(j) Punctuation Error.--Section 5006(c) of the Oil
Pollution Act of 1990 (33 U.S.C. 2736(c)) is amended by
inserting a comma after ``October 1, 2012''.
(k) Correction to Subtitle Designation.--
(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''.
SEC. 902. CORRECTION OF REFERENCES TO SECRETARY OF TRANSPORTATION AND
DEPARTMENT OF TRANSPORTATION; RELATED MATTERS.
(a) Government Organization.--Title 5, United States Code,
is amended--
(1) in section 101 by inserting ``The Department of
Homeland Security.'' after and immediately below ``The
Department of Veterans Affairs.'';
(2) in section 2902(b) by inserting ``the Secretary
of Homeland Security,'' after ``Secretary of the
Interior,''; and
(3) in sections 5520a(k)(3), 5595(h)(5), 6308(b),
and 9001(10) by striking ``of Transportation'' each
place it appears and inserting ``of Homeland
Security''.
(b) Financial Management.--Title 31, United States Code, is
amended--
(1) in section 3321(c)(3) by striking ``of
Transportation'' and inserting ``of Homeland
Security.'';
(2) in section 3325(b) by striking ``of
Transportation'' and inserting ``of Homeland
Security'';
(3) in section 3527(b)(1) by striking ``of
Transportation'' each place it appears and inserting
``of Homeland Security''; and
(4) in section 3711(f)(2) by striking ``of
Transportation'' and inserting ``of Homeland
Security''.
(c) Public Contracts.--Section 3732 of the Revised Statutes
(41 U.S.C. 11) is amended by striking ``of Transportation''
each place it appears and inserting ``of Homeland Security''.
(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.''.
And the Senate agree to the same.
From the Committee on Transportation and
Infrastructure, for consideration of the House
bill and the Senate amendment, and
modifications committed to conference:
Don Young,
Frank A. LoBiondo,
Howard Coble,
Peter Hoekstra,
Pete Simmons,
Mario Diaz-Balart,
Charles W. Boustany, Jr.,
James L. Oberstar,
Bob Filner,
Gene Taylor,
Brian Higgins,
Allyson Y. Schwartz,
From the Committee on Energy and Commerce, for
consideration of sec. 408 of the House bill,
and modifications committed to conference:
Joe Barton,
Paul Gillmor,
John D. Dingell,
From the Committee on Homeland Security, for
consideration of secs. 101, 404, 413, and 424
of the House bill, and secs. 202, 207, 215, and
302 of the Senate amendment, and modifications
committed to conference:
Bennie G. Thompson,
From the Committee on Resources, for
consideration of secs. 426, 427, and title V of
the House bill, and modifications committed to
conference:
Richard Pombo,
Walter B. Jones,
Managers on the Part of the House.
Ted Stevens,
Olympia Snowe,
(except section 414),
Trent Lott,
Gordon Smith,
Daniel Inouye,
Maria Cantwell,
(except section 414),
Frank R. Lautenberg,
(except section 414),
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 889), 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, submit
the following joint statement to the House and the Senate in
explanation of the effect of the action agreed upon by the
managers and recommended in the accompanying conference report:
The Senate amendment struck all of the House bill after
the enacting clause and inserted a substitute text.
The House recedes from its disagreement to the amendment
of the Senate with an amendment that is a substitute for the
House bill and the Senate amendment. The differences between
the House bill, the Senate amendment, and the substitute agreed
to in conference are noted below, except for clerical
corrections, conforming changes made necessary by agreements
reached by the conferees, and minor drafting and clarifying
changes.
As of April 6, 2006 (4:00)
Section 1. Short title
Section 1 of the House bill states that the Act may be
referred to as the ``Coast Guard and Maritime Transportation
Act of 2005.''
Section 1 of the Senate amendment states the Act may be
cited as the ``Coast Guard Authorization Act of 2005.''
The Conference substitute states that the Act may be
referred to as the ``Coast Guard and Maritime Transportation
Act of 2006''.
TITLE I--AUTHORIZATION
Section 101. Authorization of appropriations
Section 101 of the House bill authorizes funds for the
Coast Guard in FY 2006. It authorizes approximately $8.7
billion in funding for the necessary expenses of the Coast
Guard in FY 2006. Paragraph (1) of that section authorizes a
funding level of $5,586,400,000 for the Coast Guard's Operating
Expenses Account including an amount of $39 million to
establish a second Helicopter Interdiction Tactical Squadron
(HITRON) on the west coast.
Section 101(2) of the House bill authorizes
$1,903,821,000 for the Coast Guard's Acquisitions, Construction
and Improvements Accounting including approximately $1.6
billion for the Integrated Deepwater Systems program
(Deepwater). Of the funding authorized for Deepwater in FY
2006, H.R. 889 authorizes an amount of $1,316,300,000 for the
acquisition and construction of new vessels, aircraft,
facilities, and support systems and an amount of $284,369,000
for the sustainment of the Coast Guard's legacy vessels and
aircraft.
Section 101(3) of the House bill authorizes an amount of
$24,000,000 for the Coast Guard's program to research and
develop technologies, measures, and procedures to enhance the
Coast Guard's capabilities to carry out all of the Service's
many missions.
Section 101(5) of the House bill authorizes an amount of
$35,900,000 for the Federal share of costs associated with
alteration or removal of bridges that have been identified by
the Coast Guard as obstructions to navigation.
Section 101 of the House bill also authorizes $12,000,000
for environmental compliance and restoration at Coast Guard
facilities and $119,000,000 for the Coast Guard Reserve
program. Lastly, this section authorizes $1,014,080,000 for
retired pay, a mandatory expenditure.
Section 101 of the Senate amendment is similar to the
House provision except that the Senate provision authorizes
funds for FY 2006 and 2007 and contains different authorization
levels than those that are included in the House bill. Section
101 authorizes $5.594 billion for operating expenses for FY
2006 and $6.042 billion for FY 2007. The Senate amendment also
authorizes $1.424 billion for Acquisition, Construction and
Improvements for FY 2006 and $1.538 billion for FY 2007. As a
reflection of its support of the Coast Guard recapitalizing its
fleet of cutters and aircraft, the reported bill would
authorize $1.1 billion for Deepwater in FY 2006, $134 million
above the President's request. Deepwater is authorized at
$1.188 billion for FY 2007.
The Conference substitute authorizes funds for the Coast
Guard in FY 2006 as follows:
Operation and Maintenance............................... $5,633,900,000
Acquisition, Construction and Improvement............... 1,903,821,000
Research, Development, Test and Evaluation.............. 24,000,000
Retired Pay............................................. 1,014,080,000
Bridge Alteration....................................... 37,400,000
Environmental Compliance and Restoration................ 12,000,000
Coast Guard Reserve Training............................ 119,000,000
--------------------------------------------------------
____________________________________________________
Total............................................... 8,744,201,000
Of the amount authorized for OE, the conferees direct the
Coast Guard to dedicate $39 million for the creation of an
additional Coast Guard Helicopter Interdiction Tactical
Squadron (HITRON).
Currently, the only Coast Guard HITRON squadron is based
in Jacksonville, Florida. The Coast Guard's HITRON squadron
carries out illegal drug interdiction missions in concert with
Coast Guard vessels in the Caribbean Sea and in the Eastern
Pacific Ocean. HITRON helicopters enhance the capabilities of
Coast Guard cutters and associated small boats to pursue and
apprehend `go-fast' vessels that attempt to smuggle illicit
drugs into the United States. The Coast Guard has estimated
that the HITRON squadron has prevented an estimated 8.5 tons,
or $6 billion in illegal drugs from entering the United States.
The authorization for the Coast Guard's Acquisitions,
Construction and Improvement account includes $1.6 billion for
Deepwater which includes an amount of $1,316,300,000 for the
acquisition and construction of new vessels, aircraft,
facilities, and support systems and an amount of $284,369,000
for the sustainment of the Coast Guard's legacy vessels and
aircraft. The Conferees remain concerned that these assets are
deteriorating at a faster pace than originally projected and
require a dedicated funding stream. The conferees recommend
that the Coast Guard examine ways to decrease the costs of
maintaining and sustaining the Services' legacy assets,
particularly the fleet of 110-foot cutters, and HH-65
helicopters. The rapid deterioration of these assets is
draining funding and resources from the acquisition of
replacement assets and lengthening the time before new assets
will be employed by Coast Guardsmen in our waters and in our
skies. The authorized funding level would also accelerate the
purchase of new Deepwater assets, making assets with enhanced
capabilities available more quickly to carry out the Service's
many important traditional and homeland security missions.
The authorization for the Acquisitions, Construction and
Improvement account AC&I account includes $101 million for the
upgrading of the Rescue 21 program. The conferees are very
concerned that the funding for this critically important
program has significantly decreased over the past year, and
would like to see funding restored to at least this level for
FY 2006.
The conferees note that the Coast Guard and the State of
Hawaii have been working jointly pursuant to a Memorandum of
Understanding to develop an emergency communications system for
state and federal officials, known as the Rainbow (Anuenue)
Digitial Microwave Project, on a matched-funding basis. Rescue
21 in Hawaii will utilize the infrastructure provided by this
project. Now that the State has its money in place, the
conferees expect the Coast Guard to move forward with its
obligations under the Memorandum of Understanding to complete
the project.
The authorization for the Acquisitions, Construction and
Improvement account also includes $8.7 million to be used for
the construction of an Aquatic Training Facility for the
Aviation Survival Technician ``A'' School located at Coast
Guard Air Station Elizabeth City, NC, $10 million to complete
the Vessel Traffic System upgrade for Puget Sound, and $3
million to complete the construction of the Sector Operations
Building for Group Seattle.
With respect to the authorization of Research,
Development, Test and Evaluation funding, the conferees
strongly believe that this funding should remain under the
Coast Guard's direct control and should not be transferred to
any other entity within the Department of Homeland Security, as
the President has again proposed. The Coast Guard's unique
character as a military service with a wide scope of regulatory
functions requires that this funding be available to support
missions including defense readiness, search and rescue, marine
environmental protection, providing aids to navigation and
protecting America's maritime homeland security.
With respect to the funding for bridge alterations, the
conferees recommend that $20 million of the total amount be
utilized to make changes to the Galveston Causeway Railroad
Bridge in Galveston, Texas to improve navigation safety and
$2.5 million be utilized to continue work on the Chelsea Bridge
in Boston, Massachusetts.
The conferees recommend that the Coast Guard re-evaluate
the categorization of both the Leeville Bridge and the Kerner
Ferry Bridge in Louisiana. The Leeville Bridge provides the
only access to Port Fouchon and Grand Isle, and has been struck
11 times in the past year while the Kerner Ferry Bridge has
experienced several vertical clearance problems. These bridges
are currently categorized as non-hazards to navigation,
therefore making them ineligible for funds under the Truman-
Hobbs Act.
The conferees are aware of the efforts of the Institute
of Marine and Coastal Sciences at Rutgers University to develop
a High Frequency Radar network for U.S. coastal waters. This
technology was used in local search and rescue demonstration
projects funded by the Coast Guard Research and Development
Center in 2004. The conferees urge the Coast Guard to work with
Rutgers to establish a regional pilot project in the Mid-
Atlantic. The goal of the project should be to make CODAR an
operational search and rescue tool.
The conferees are aware that the Coast Guard Cutter
ACACIA is scheduled to be decommissioned in 2006. The conferees
urge the Coast Guard to replace the ACACIA with a vessel that
has icebreaking capabilities in order to maintain commercial
shipping in the Great Lakes and particularly northern Lake
Michigan. The need to ensure the availability of a ship that
can assist in icebreaking is particularly important because the
Canadian government has decommissioned one of its buoy tenders,
which will increase the demands on U.S. icebreakers. Therefore,
the Coast Guard should ensure that an icebreaking tug shall
continue to be home ported on northern Lake Michigan and shall
provide the necessary funding for operations and maintenance of
such vessel.
The conferees recommend that the United States Coast
Guard Captains of the Port be made aware that vessels that use
certain valves manufactured by TankTech have been banned in
Denmark and Italy because of safety concerns with those valves.
That ban has been upheld by the European Union Commission based
on tests at EU-approved laboratories. The American Bureau of
Shipping is also recommending that these valves be removed from
all vessels that they class. Additionally, the conferees
recommend that the United States Coast Guard work more closely
with its European Union maritime counterparts with regards to
testing and test evaluation of those valves to ensure
uniformity of test results.
Section 102. Authorized levels of military strength and training
Section 102 of the House bill authorizes a Coast Guard
end-of-year strength of 45,500 active duty military personnel
for FY 2006. This level maintains the personnel level that was
authorized at the end of FY 2005. The section also authorizes
average military training student loads for FY 2006 at the same
level as was authorized in FY 2005. At the end of FY 2005,
39,717 active duty personnel were serving in the Coast Guard.
The section also authorizes average military training student
loads for FY 2006 as follows:
------------------------------------------------------------------------
Student
Training years
------------------------------------------------------------------------
Recruit/Special............................................ 2,500
Flight..................................................... 125
Professional............................................... 350
Officer Acquisition........................................ 1,200
------------------------------------------------------------------------
Section 102 of the Senate amendment is substantively
similar to the House bill, except that it authorizes these
personnel levels for FYs 2006 and 2007.
The Conference substitute adopts the House provision.
Section 103. Authorization of funding related to Katrina
Section 103 of the House bill authorizes $60,000,000
(above the amount authorized for the Coast Guard in Section
101) in FY 2005 for the Coast Guard's emergency hurricane
expenses, emergency repairs, deployment of personnel, to
support costs of evacuation, and other costs resulting from the
immediate relief efforts related to Hurricane Katrina.
Section 702 of the Senate amendment similarly authorizes
funding above the amount authorized in Section 101 in FY 2005.
The Section specifically authorizes $200,000,000 for the
operation and maintenance of the Coast Guard in responding to
Hurricane Katrina, including for search and rescue efforts,
clearing channels, emergency response to oil and chemical
spills, and increased costs due to higher than expected fuel
costs. Also, $300,000,000 is authorized for the acquisition,
construction, renovation, and improvements of aids to
navigation, shore and offshore facilities, and vessels and
aircraft related to damage caused by Hurricane Katrina.
The Conference substitute adopts the Senate provision
with an amendment that includes a supplemental authorization of
$300,000,000 for the Coast Guard's Operating Expenses account
and $200,000,000 for the Acquisitions, Construction and
Improvements account for non-reimbursed expenditures associated
with the Coast Guard's response to Hurricane Katrina and
stipulates that amounts appropriated under this authorization
are to remain available until expended.
Section 104. Web-based data management
The House bill does not contain a similar provision.
Section 104 of the Senate amendment provides an
authorization of $1,000,000 for the Coast Guard to continue
their development of a web-based risk management system that
links occupational health and safety databases to reduce
accidents and fatalities.
The Conference substitute adopts the Senate provision.
TITLE II--COAST GUARD
Section 201. Extension of Coast Guard vessel anchorage and movement
authority
Section 201 of the House bill amends section 91 of title
14, United States Code, (relating to the Coast Guard's
authority to establish security areas to ensure the safety and
security of naval vessels) to redefine the term `navigable
waters of the United States' toinclude territorial waters out
to 12 nautical miles from shore. This amendment updates existing law to
reflect the expansion of U.S. territorial waters from 3 nautical miles
to 12 nautical miles from shore that was made by Presidential
Proclamation Number 5928 on December 27, 1988.
Section 201 of the Senate amendment is substantively
similar to the House bill.
The Conference substitute adopts the House provision.
Section 202. International training and technical assistance
Section 202 of the House bill authorizes the Commandant
of the Coast Guard to conduct international training and to
provide technical assistance to international navies, coast
guards and maritime authorities during regular Coast Guard
operations without requiring a specific request from a third
party U.S. Government agency.
Section 207 of the Senate amendment is substantively
similar to the House bill.
The Conference substitute adopts the House provision.
Section 203. Officer promotion
Section 203 of the House bill authorizes the Secretary of
the department in which the Coast Guard is operating to waive
time in grade requirements for junior and mid-grade officers to
ensure that all officers are considered for promotion earlier
than is currently possible under title 14, United States Code.
This section would grant officers of the Coast Guard the same
below grade promotion opportunity that is currently authorized
for officers of the other military services. This change would
allow the Coast Guard to have more flexibility in promoting the
best qualified officers.
Section 406 of the Senate amendment is substantively
similar to the House bill.
The Conference substitute adopts the House provision.
Section 204. Coast Guard Band Director
Section 204 of the House bill authorizes the Secretary to
appoint the United States Coast Guard Band Director at a rank
commensurate with the person's experience and training, rather
than requiring the Director to be appointed as junior officer.
The proposal would also allow the Secretary to appoint a person
who is not a member of the Coast Guard as the Band Director
rather than being limited to only members of the Coast Guard.
Section 402 of the Senate amendment is identical to the
House bill, except for minor technical changes.
The Conference substitute adopts the House provision.
Sec. 205. Authority for one-step turnkey design-build contracting
Section 205 of the House bill authorizes the Secretary to
award consolidated design-build contracts using a one-step
turnkey selection procedure similar to the authority provided
to the Department of Defense. One-step turnkey contracting
authority would allow the selection of a contractor on the
basis of price and other evaluation criteria through a single
proposal for both the design and construction of a facility.
Section 405 of the Senate amendment is identical to the
House bill, except for minor technical changes.
The Conference substitute adopts the House provision.
Section 206. Reserve recall authority
Section 206 of the House bill authorizes the Secretary to
order Coast Guard Reservists to active duty, for not more than
sixty days in any four-month period and not more than one
hundred twenty days in any two-year period, to augment Coast
Guard active duty forces.
Section 403 of the Senate Amendment is substantively
similar to the House provision; however it also expands the
ability to use recalls for a threat of a terrorist attack. The
provision also requires that, for purposes of calculating the
duration of active duty, a period of active duty shall begin on
the first day that a member reports to active duty, including
for training.
The Conference substitute adopts the Senate provision
with a technical amendment.
Section 207. Reserve Officer distribution
Section 207 of the House bill amends Section 724 of title
14, United States Code, to link Coast Guard Reserve officer
authorization levels to active duty officer authorization
levels for junior and mid-grade officers in order to properly
distribute the numbers of Reserve officers in those grades. The
proposal would also make clear that Reserve officers in an
active status are counted only against the Reserve component
strength.
Section 401 of the Senate amendment is identical to the
House provision, except for a minor technical change.
The Conference substitute adopts the House provision.
Section 208. Expansion of use of auxiliary equipment to support
COAST GUARD MISSIONS
Section 208 of the House bill authorizes the Coast Guard
to cover personal motorized vehicles of members of the Coast
Guard Auxiliary, in limited circumstances, under Coast Guard
claims procedures when an Auxiliary member is towing, under
official Coast Guard orders and in support of Coast Guard
missions, trailers that carry government owned boats and other
equipment. Currently, an Auxiliary member is only eligible for
liability coverage under Coast Guard claims procedures when the
member uses his own vehicle to tow his own boat or Auxiliary
equipment that has been designated for Coast Guard use.
Section 404 of the Senate amendment is substantively
similar to the House provision.
The Conference substitute adopts the House provision with
a clarifying amendment.
Section 209. Coast Guard History Fellowships
Section 209 of the House bill authorizes the Secretary to
develop regulations to award Coast Guard History Fellowships to
graduate students who agree to prepare their doctoral
dissertations on issues related to the history of the Coast
Guard.
The Senate amendment did not contain a similar provision.
The Conference substitute adopts the House provision with
an amendment that limits the total amount of any fellowship to
$25,000 per year and the number of fellowships awarded in each
year to no more than two.
Section 210. Icebreakers
Sec. 210 of the House bill requires the Secretary to
submit, not later than 90 days after the date of the enactment
of the Act, 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 for operation and maintenance of Coast Guard
icebreakers in the waters of Antarctica after FY 2006 that does
not rely on the transfer of funds to the Coast Guard by any
other Federal agency. The plan must be implemented after FY
2006, subject to the availability of appropriations.
Sec. 210 of the Senate amendment requires the Coast Guard
to take all necessary measures to maintain, at a minimum, its
current vessel capacity for carrying out icebreaking in the
Arctic and Antarctic regions and for the long-term
recapitalization of such vessels. It authorizes $100,000,000
for the Department in which the Coast Guard is operating to
carry out this section.
The Conference substitute adopts a provision that
requires the Coast Guard to submit to Congress not later than
90 days after enactment a plan to operate and maintain the
POLAR STAR, POLAR SEA, and HEALY fleet after FY 2006 and for
the long-term recapitalization of the Coast Guard's polar
icebreaking fleet. The provision further directs the Coast
Guard to take all measures necessary to maintain current
operational capabilities to carry out icebreaking operations in
the Arctic, the Antarctic, the Great Lakes and the Northeast.
Lastly, the provision includes an authorization of $100,000,000
for FY 2006 to carry out these obligations with respect to the
Coast Guard's polar icebreakers.
The conferees are extremely concerned by the
Administration's continued proposals to divert funds to operate
Coast Guard icebreakers from the Coast Guard's budget to that
of another Federal agency. Such a transfer of funds from the
Coast Guard's control could force the service to operate and
maintain these vessels in the future without any reliable
source of funding. The conferees strongly agree with the
recommendations of the National Academy of Sciences' interim
report that the United States retains icebreaking capabilities
to assert significant geo-political, security, economic, and
scientific interests in the Arctic and Antarctic.
Section 211. Operation as a service in the Navy
Section 211 of the House bill removes the automatic
trigger in current law whereby the Coast Guard will operate as
a service in the United States Navy upon the declaration of
war. It retains the provision in current law whereby the Coast
Guard will operate as a service in the Navy when the President
directs.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts language that clarifies
that the Coast Guard shall operate as a service in the Navy
only upon positive action by Congress or the President.
Section 212. Limitation on transfer to St. Elizabeth's Hospital
Section 215 of the House bill provides that the Coast
Guard may not move any of its personnel, property, or other
assets to the West Campus of St. Elizabeths 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 plans to provide road access to the site
from Interstate 295 and for the design of facilities for at
least one federal agency other than the Coast Guard that would
house no less than 2,000 employees at such location.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts the House provision with
an amendment that adds several items to the scope of the plans
that are required to be submitted to Congress.
Section 213. Cooperative arrangements
The House bill does not contain a comparable provision.
Section 204 of the Senate amendment would require the
Coast Guard to submit a report on opportunities for and the
feasibility of co-locating Coast Guard assets and personnel at
facilities of other Armed Services branches as well as entering
into cooperative agreements for carrying out Coast Guard
missions.
The Conference substitute adopts the Senate provision
with a technical modification. The conferees direct the Coast
Guard to examine Naval Station Everett and Naval Station
Pascagoula for such potential arrangements.
Section 214. Biodiesel feasibility report
The House bill does not contain a comparable provision.
Section 209 of the Senate amendment would require the
Coast Guard to submit a report on the feasibility of using bio-
diesel fuel in both new and existing vehicles and vessels.
The Conference substitute adopts the Senate provision.
The conferees expect the Coast Guard to identify and consider
analyses on the use of biodiesel fuel conducted by other
agencies as part of its study.
Section 215. Boating Safety Director
The House bill does not contain a comparable provision.
Section 408 of the Senate amendment would ensure that the
individual who is assigned as the Director of the Coast Guard's
Office of Boating Safety office will be a uniformed officer in
the rank of Captain.
The Conference substitute adopts the Senate provision.
Section 216. Hangar at Coast Guard Air Station Barbers Point
The House bill does not contain a comparable provision.
Section 409 of the Senate amendment would require the
Coast Guard to submit a report that includes a proposal and
cost analysis for constructing an enclosed hangar at Coast
Guard Air Station Barbers Point. The current station is not
enclosed and is not large enough to house a single C-130. Due
to the resulting exposure, aircraft are experiencing corrosion.
The Conference substitute adopts the Senate provision.
Section 217. Promotion of Coast Guard Officers
The House bill does not contain a comparable provision.
Section 410 of the Senate amendment modifies the
requirement for advice and consent of the Senate for officer
appointments to the rank of Lieutenant (O-3) and below in both
peacetime and wartime.
The Conference substitute adopts the Senate provision.
Section 218. Redesignation of Coast Guard Law Specialists as Judge
Advocates
The House bill does not contain a comparable provision.
Section 407 of the Senate amendment would redesignate
Coast Guard ``law specialists'' as ``judge advocates.'' The
Coast Guard is currently the only military service that does
not use the title ``judge advocate'' for its military
attorneys.
The Conference substitute adopts the Senate provision.
TITLE III--SHIPPING AND NAVIGATION
Section 301. Treatment of ferries as passenger vessels
Section 301 of the House bill amends the definition of
``passenger vessel'' and ``small passenger vessel'' to include
ferries that carry passengers with or without charge.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts the House provision.
Section 302. Great Lakes pilotage annual ratemaking
Section 302 of the House bill requires the Coast Guard to
review and adjust pilotage rates as necessary by March 1 of
each year, which is in advance of the opening of the Great
Lakes shipping season. Annual adjustments lend stability to the
shipping system by avoiding the much larger increases that have
occurred recently when multiple years lapse between
adjustments.
The Senate amendment does not contain a comparable
provision.
The Conference substitute includes a provision that
requires the Secretary of the department in which the Coast
Guard is operating to adjust Great Lakes pilotage rates
annually based on an annual review of base pilotage rates that
are required to be established not less than every 5 years
following a full rulemaking process. It is not, however, the
intent of the conferees that the adjustment of annual rates be
subject to a full rulemaking process.
Section 303. Certification of vessel nationality in drug smuggling
cases
Section 303 of the House bill amends the Maritime Drug
Law Enforcement Act to strike the requirement that the United
States receive a denial of a vessel's claim of registry from a
foreign country before asserting jurisdiction over a vessel.
The revised language requires only that the United States
receive a response from a foreign government regarding the
claim of registry. Therefore, this amendment would allow the
U.S. to prove that a flag State, which the defendant alleged
has jurisdiction, does not have such jurisdiction if the flag
State, in response to a U.S. inquiry, responds that it can
neither confirm nor deny a suspect vessel's nationality.
Section 210 of the Senate amendment contains a
substantively similar provision with a technical change that
clarifies that the response of a foreign nation 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.
The Conference substitute adopts the Senate provision
with a technical amendment.
Section 304. LNG tankers
Section 304 of the House bill requires the Secretary of
Transportation to develop a program to promote the
transportation of liquefied natural gas (LNG) by the maritime
transportation sector. The provision also amends the Deepwater
Port Act to direct the Secretary to prioritize the processing
of licenses for LNG facilities that would be supplied by U.S.-
flagged LNG vessels.
The Senate amendment does not include a comparable
provision.
The Conference substitute adopts the House provision with
an amendment that amends the Deepwater Port Act to require an
applicant for a deepwater port license to include, as part of
the application, information regarding the vessels that are
reasonably expected to service the port upon construction. The
provision also requires the Coast Guard to provide the same
information to the Federal Energy Regulatory Commission as part
of the Coast Guard's contribution to the Environmental Impact
Statement for landside liquefied natural gas and liquefied
petroleum facilities.
Section 305. Use of maritime safety and security teams
The House bill does not include a comparable provision.
Section 704 of the Senate amendment provides that the
Secretary may use maritime safety and security teams to
implement any mission of the Coast Guard.
The Conference substitute adopts the Senate provision
with a technical amendment.
Section 306. Enhanced civil penalties for violations of the Maritime
Transportation Security Act
The House bill does not include a comparable provision.
Section 704 of the Senate amendment would amend section
70119 of title 46, United States Code, to permit the Secretary
to assess substantial separate and continuing civil penalties
to compel owners and operators of vessels and facilities to
comply with MTSA. The total fines per violation would not
exceed $50,000 during FY2006, $75,000 during FY2007, and
$100,000 after FY2007.
The Conference substitute adopts a provision that makes
each day during which a violation of Chapter 701 of title 46,
United States Code, a separate violation and caps a civil
penalty for a violation at no more than $50,000. Additionally
the conferees agree that the Secretary shall have the
prerogative to take into account the nature, circumstances, and
extent of the violation in assessing the penalty.
This section will add a dimension of enforcement
flexibility for the Secretary to assess a civil penalty for
each day an owner/operator remains non-compliant beyond the
first day on which the violation was cited. Currently, the only
alternative means of enforcement is for the Secretary to order
cessation of vessel or facility operation until the owner or
operator corrects the outstanding violation. This provision
will expand the enforcement options available to the Secretary
under MTSA, consistent with other statutes that provide for a
separate violation for each day a violation remains
outstanding.
Section 307. Training of cadets at United States Merchant Marine
Academy
Section 406 of the House bill authorizes cadets at the
Merchant Marine Academy to train aboard foreign-flagged
liquefied natural gas (LNG) vessels if the Secretary determines
that such training is in the interest of the United States.
The Senate amendment does not include a comparable
provision.
The Conference substitute adopts the House provision.
Currently, cadets at the Academy are prohibited from
training aboard foreign-flagged vessels; however there are no
U.S.-flagged LNG vessels in operation. Future national energy
strategies will likely place increased emphasis on the
transport of LNG toU.S. ports resulting in a high demand for
merchant mariners with previous training and experience aboard LNG
vessels. This authority will allow Merchant Marine Academy cadets to
gain that training in the interim before U.S.-flagged LNG vessels come
into operation.
Section 308. Reports from mortgagees of vessels
Section 411 of the House bill authorizes the Secretary to
require reports from mortgagees in addition to those required
of owners, masters and charterers. Section 12120 of Title 46,
United States Code, authorizes the Secretary of the Department
in which the Coast Guard is operating to require owners,
masters and charterers of vessels engaged in the coastwise
trade and the fisheries to submit reports to ensure compliance
with vessel documentation laws. These reports may be in any
reasonable form prescribed by the Secretary.
Section 206 of the Senate amendment is identical.
The Conference substitute adopts the House provision.
Section 309. Determination of the Secretary
Section 413 of the House bill would prevent the Secretary
from considering any felony conviction that occurred more than
7 years prior to the date of the Secretary's determination when
evaluating whether an individual poses a terrorism risk for the
United States for the purpose of obtaining a transportation
security card. This provision also specifies that an appeal of
a denial of an application for a transportation security card
must include an opportunity for a hearing before an
administrative law judge.
The Senate amendment does not include a comparable
provision.
The Conference substitute adopts a provision that
requires the Secretary of the department in which the Coast
Guard is operating to establish a review process before
administration law judges to consider an appeal of a denial of
an application for a transportation security card.
Nothing in this section provides authority for the
Secretary or the Administrative Law Judge to make a separate
determination as to whether an individual may be denied
admission to the United States or removed from the United
States under the Immigration and Nationality Act. Those
determinations are to be governed by the Immigration and
Nationality Act and not section 70105 of title 46, United
States Code.
Section 310. Setting, relocating, and recovery of anchors
Section 415 of the House bill prohibits the use of a
vessel that has not been documented under U.S. law with a
registry endorsement to set or move anchors or other mooring
equipment of a mobile offshore drilling unit located above or
on the outer Continental Shelf.
Section 217 of the Senate amendment contains a similar
provision that additionally prohibits the movement 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
or attached to the seabed but not actively exploring for oil
and gas resources.
The Conference substitute adopts a provision that
prohibits the use of a vessel that does not hold a registry
endorsement to set or move anchors or other mooring equipment
of a mobile offshore drilling unit located over the outer
Continental Shelf or to transport 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. The purpose of subsection
(c)(1)(A) is to require that only an American registered vessel
can engage in any activity performed in connection with the
mooring or unmooring of a mobile offshore drilling unit located
over the U.S. outer Continental Shelf.
Section 311. International tonnage measurement of vessels engaged in
the Aleutian Trade
Section 416 of the House bill would amend Chapter 33 of
title 46, United States Code, to apply the current exemption
from Coast Guard inspection for certain fish tender vessels
that are 500 gross tons or less, as measured under the
regulatory tonnage system, and engaged in the Aleutian trade to
such vessels that are 2,500 gross tons or less, as measured
under the International Tonnage Convention.
The Senate amendment does not include a comparable
provision.
The Conference substitute adopts the House provision.
Under current law, fish tender vessels that are not more
than 500 gross tons, as measured under regulatory tonnage, or
an alternate tonnage to be prescribed by the Secretary and
engaged in the Aleutian trade are exempt from Coast Guard
inspection requirements. However, the Coast Guard has never
completed the rulemaking process to establish an equivalent
alternate tonnage under the international measurement system.
As a result, the Aleutian trade fleet has experienced confusion
and complications as vessel owners seek to proceed with fleet
modernization plans that call for the replacement of current
vessels with new vessels that have been measured under the
International Tonnage Convention. This provision will alleviate
the delay in implementing regulations establishing alternate
tonnages as part of the transition from traditional regulatory
tonnage to the international measures system.
The conferees recommend that the Coast Guard and the
Secretary take swift action to complete the regulatory process
to adopt alternate tonnage systems for all vessel classes in
the U.S. fleet.
Section 312. Riding gangs
Section 425 of the House bill would authorize foreign
citizens who are not considered seamen and who do not carry out
watchstanding functions aboard a vessel to carry out certain
repair work on U.S.-flag vessels while underway. The provision
also requires that any such foreign personnel must possess a
valid transportation security card that is required for
maritime workers under section 70105 of title 46, United States
Code.
The Senate amendment does not include a comparable
provision.
The Conference substitute adopts a provision that would
authorize the use of foreign citizens who are not considered
seamen and who do not carry out watchstanding functions aboard
a vessel to carry out certain repair work on U.S.-flag vessels
while underway when U.S. citizens or residents are unavailable
to complete the work and for not more than 60 days in each
calendar year.
The conferees intend to allow for the employment of
certain individuals on freight vessels on international voyages
for extended periods qualifying as ``riding gang members''
without placing these vessels at a competitive disadvantage
against similar foreign flag vessels. Under this section,
riding gang members may only perform repairs consistent with
the provisions of the section, as deemed necessary by the
Master, acting on behalf of the vessel operator. This language
in no way prevents or limits a vessel's Master from obtaining
necessary personnel to perform unforeseen emergency repairs
when such circumstances arise. Under the section, the Master,
acting on behalf of the vessel operator, may utilize riding
gang personnel, in addition to the 60 days allowed under this
section, under certain situations when a riding gang member is
necessary to perform warranty work.
This section requires each riding gang member to undergo
a criminal background check and requires the vessel owner or
operator to certify that these checks have been completed. New
section 8106(a)(1)(A) of title 46 U.S. Code requires that such
individuals possess a valid United States nonimmigrant visa for
persons desiring to enter the United States temporarily if they
are not a U.S. citizen or alien lawfully admitted for permanent
residence.
The section also provides for chemical testing, as well
as compliance with shipboard familiarization training in
accordance with the International Convention of Training,
Certification, and Watchkeeping for Seafarers, 1978, as
amended. The Coast Guard is expressly authorized to order the
removal of an individual found with probable cause to have
committed certain criminal offenses or otherwise constitutes a
threat to the safety of U.S. flag freight vessels.
The conferees do not intend to alter collective
bargaining agreements that freight vessel owners or operators
may have with U.S. maritime labor unions or their documented
mariners through this section; nor is it intended in any way to
derogate from the traditional maritime jurisdiction of any
maritime labor unions. Owners and operators will be required to
ensure that an agreement be entered into with each riding gang
member that meets or exceeds the minimum international
standards of all applicable ILO conventions to which the United
States is a party, and shall, at a minimum, include all of the
merchant seamen protection and relief provisions contained in
the United States Code, including but not limited to those that
are set forth in Chapter 103 of Title 46 of the United States
Code.
Under this section, violations are punishable by a civil
penalty of not more than $10,000 a day, and each day of a
continuing violation constitutes a separate violation. The
legislation further establishes maximum penalties for
continuing violations. Moreover, in determining the amount of
the penalty, the Secretary is authorized to take into account
the nature, circumstances, extent, and gravity of the violation
committed and, with respect to the violator, the degree of
culpability, history or prior offenses, ability to pay, and
such other matters as justice may require.
TITLE IV--MISCELLANEOUS
Section 401. Authorization of Junior Reserve Officers Training Program
Pilot Program
Section 402 of the House bill authorizes the Secretary to
carry out a pilot program to establish a Coast Guard junior
reserve officers training program in Camden County, North
Carolina.
The Senate amendment does not include a comparable
provision.
The Conference substitute adopts the House provision with
an amendment to clarify that active duty officers and members
of the Coast Guard, including reservists on active duty, may
not be stationed as administrators or instructors as part of
the pilot program.
Section 402. Transfer
Section 403 of the House bill authorizes the Secretary to
convey the decommissioned Coast Guard cutter PLANTREE to the
CAS Foundation, Inc., a nonprofit corporation in the State of
Indiana.
The Senate amendment does not include a comparable
provision.
The Conference substitute adopts the House provision with
an amendment that permits the vessel to be used for
humanitarian purposes.
Section 403. LORAN-C
The House bill does not include a comparable provision.
Section 214 of the Senate amendment would authorize the
Department of Transportation to transfer $25,000,000 in FY 2006
and in FY 2007 from the Federal Aviation Administration to the
Coast Guard for recapitalization of the LORAN-C radio
navigation system.
The Conference substitute adopts the Senate provision.
Section 404. Long-range vessel tracking system
Section 404 of the House bill directs the Secretary to
carry out a pilot program to demonstrate long-range vessel
tracking systems pursuant to 46 U.S.C. 70115. The section also
authorizes an amount of $4 million in FY 2006 to carry out the
pilot project.
Section 215 of the Senate amendment includes a similar
provision with an additional requirement that the project be
conducted with the assistance of an existing non-profit
maritime organization that has a demonstrated capability of
operating satellite communications systems able to transmit
this type of data. In addition, it authorizes funding for each
of FYs 2006, 2007, and 2008.
The Conference substitute adopts the Senate provision
with an amendment to make the program subject to the
availability of appropriations.
Section 405. Marine vessel and cold water safety education
The House bill does not include a comparable provision.
Section 216 of the Senate amendment requires the Coast
Guard to continue existing agreements with organizations that
provide marine vessel safety training and cold water immersion
education to fishermen and children.
The Conference substitute adopts the Senate provision.
Section 406. Reports
Section 405 of the House bill requires the Secretary to
review and report to Congress on the adequacy of Coast Guard
air and surface assets at several Coast Guard stations and
sectors to carry out the Service's traditional missions of
search and rescue, drug and migrant interdiction, and marine
environmental protection in addition to homeland security
responsibilities.
The Senate amendment does not include a comparable
provision.
The Conference substitute adopts a provision that is
similar to the House-passed provision.
Section 407. Conveyance of the Decommissioned Coast Guard Cutter
MACKINAW
Section 408 of the House bill directs the Commandant of
the Coast Guard to convey the USCGC MACKINAW to the City and
County of Cheboygan, Michigan upon the vessel's scheduled
decommissioning. The section requires that the cutter be used
as a museum and be made available to the Federal Government if
needed in time of war or national emergency.
Section 408 of the Senate amendment contains a similar
provision but requires the Commandant to deliver the vessel to
the City between June 10, 2006 and June 30, 2006.
The Conference substitute adopts the Senate provision
with a slight modification to the delivery schedule to allow
for a change in the date of decommissioning and an adjustment
to convey the vessel directly to a non-profit museum.
Section 408. Deepwater reports
Section 409 of the House bill requires the Secretary of
the department in which the Coast Guard is operating to submit
a complete implementation plan for the Deepwater program not
later than 30 days after the enactment of the Act. The plan was
required to include a complete timeline for the acquisition of
each new Deepwater asset and the phase-out of legacy assets for
the life of the program, a projection of the remaining
operational lifespan of each legacy asset, a detailed
justification for each modification in each Integrated
Deepwater Program asset that fulfills the revised mission needs
statement for the program, and a total cost of the program that
aligns with the revised mission needs statement for the
program.
Sections 212 and 213 of the Senate amendment are
substantively similar provisions. Section 212 of the Senate
amendment would require the Coast Guard to submit a report on
the status of their compliance with the GAO's recommendations
in report GAO-04-380, ``Coast Guard Deepwater Program Needs
Increased Attention to Management and Contractor Oversight.''
Section 213 would require the Coast Guard to provide an
acquisition timeline and associated costs for each asset that
reflects project completion in 10 years and 15 years. It also
would require the Coast Guard to contract with an independent
entity to analyze the plan and assess whether the mix of assets
and capabilities selected as part of that plan will meet the
Coast Guard's criteria of performance, minimizing total
ownership costs, and whether additional or different assets
should be considered as part of the plan.
The Conference substitute adopts a provision that
requires the Coast Guard to submit reports that include
components from both the House- and Senate-passed provisions.
The conferees remain concerned that legacy assets are
deteriorating at a much faster rate than was originally
expected when the Deepwater plan was first developed. Coast
Guard vessels and aircraft are increasingly unavailable to
carry out the Service's missions due to unscheduled maintenance
and repairs. The conferees again support acceleration of the
Deepwater program to, in part, provide new assets to replace
aging legacy assets that are jeopardizing the success of Coast
Guard missions, putting at risk the lives of the men and women
of the Coast Guard and siphoning away funding from the
acquisition of new assets.
The conferees expect that the reports required under this
section will contain a complete delivery schedule for each
asset to be acquired, a projection of the remaining operational
lifespan of each legacy asset, a detailed justification for
each modification to the original Deepwater plan to meet the
Service's revised mission needs statement, and an explanation
of the costs that will be required above the estimated costs of
the original Deepwater program resulting from such
modifications.
Section 409. Helicopters
Section 410 of the House bill would limit the number of
HH-65 helicopters that the Coast Guard may acquire to no more
than four and prohibit the Commandant from acquiring such
helicopters until 90 days after the submission to Congress of a
determination that the cost of acquiring used HH-65 helicopters
and the cost to modifying those helicopters or airframes to
meet the same design, construction, and equipment standards
that apply to the current fleet of HH-65 helicopters is more
cost-effective than an acquisition or leasing of a similar
number of MH-68 helicopters.
The Senate amendment does not include a comparable
provision.
The Conference substitute adopts a provision that
requires the Coast Guard to study and report to Congress an
analysis of the potential impacts, including costs and
benefits, of a requirement that the Coast Guard only acquires
helicopters or major helicopter components built in the United
States. The conferees understand that some foreign helicopter
manufacturers own U.S. manufacturing facilities capable of
building helicopters and some helicopter components, but that
some components of those helicopters are only manufactured
outside the United States.
Section 410. Newton Creek, New York City, New York
Section 412 of the House bill requires the Coast Guard to
carry out a study and report to Congress on the pollution of
Newtown Creek in the city of New York, New York caused by oil
seepage.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts the House provision with
a modification to require the Environmental Protection Agency
to carry out the study rather than the Coast Guard.
Section 411. Report on technology
Section 414 of the House bill requires the Commandant of
the Coast Guard to submit a report that includes an assessment
of the availability and effectiveness of technologies that
evaluate and identify inbound vessels and their cargo for
potential threats before they reach United States ports,
including technologies already tested or in testing at joint
operating centers, as well as the costs associated with
implementing such technology at all United States ports.
The Senate amendment does not include a comparable
provision.
The Conference substitute adopts a provision that is
substantively similar to the House-passed provision.
Section 412. Assessment and planning
Section 417 of the House bill authorizes an amount of
$400,000 to be appropriated to the Coast Guard to carry out an
assessment of and planning for the impact of an Arctic Sea
Route on the indigenous people of Alaska.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts the House provision with
an amendment to authorize the funding to the Maritime
Administration to carry out the assessment and planning rather
than the Coast Guard.
Section 413. Homeport
Section 418 of the House bill requires, subject to the
availability of appropriations, the Commandant of the Coast
Guard to homeport the Coast Guard cutter HEALY in Anchorage,
Alaska.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts a provision that
requires the Coast Guard to conduct a study to assess the
current homeport for the Coast Guard polar icebreaker HEALY and
to assess whether that site or alternative homeporting
arrangements would enhance the Coast Guard's capabilities to
meet the recommendations of the Interim Report of the National
Academy of Sciences (Polar Icebreaker Roles and U.S. Future
Needs: A Preliminary Assessment), namely, that the United
States should maintain dedicated, year-round icebreaking
capability in the Arctic. The provision further requiresthe
Coast Guard to report the findings of the study to Congress not later
than one year after the enactment of this Act.
Section 414. Opinions regarding whether certain facilities create
obstructions to navigation
Section 419 of the House bill requires the Coast Guard to
provide an opinion in writing that states whether a proposed
wind energy facility would create an obstruction to navigation
in any case in which a person requests the Secretary of the
Army to take action to permit a wind energy facility under the
authority of section 10 of the Act of March 3, 1899 (33 U.S.C.
403).
The Senate bill does not contain a comparable provision.
The Conference substitute adopts a provision that
prohibits the construction of an offshore wind energy facility
in Nantucket Sound unless approved by the Commandant of the
Coast Guard.
Section 415. Port Richmond
Section 424 of the House bill would prohibit the
Commandant of the Coast Guard from approving 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.
The Senate bill does not contain a comparable provision.
The Conference substitute adopts the House provision.
Section 416. Eligibility to participate in Western Alaska Community
Development Quota Program
Section 426 of the House bill clarifies that the approval
by the Secretary of Commerce of a community development plan
for a Western Alaska Community Development Group does not
constitute a major Federal action under Federal law.
The Senate bill does not contain a comparable provision.
The Conference substitute establishes the Western Alaska
Community Development Quota program and lists the purposes of
the program. It is the intent of Congress that all activities
of the CDQ groups continue to be considered tax-exempt (as has
been the practice since the program's inception in 1992) so
that the six CDQ groups can more readily address the pressing
economic needs of the region.
The Conference substitute requires that the CDQ program
continue to receive the same annual percentage allocations of
each fishery as it does now under existing Federal statute and
regulation. It also requires that the percentage of a
particular fishery allocated to the CDQ program shall be a
directed fishing allowance if treated as such under existing
practice and law (such as in the Bering Sea and Aleutian
Islands pollock fishery), or in the alternative to include both
directed fishing and non-target fishing allocation needs in
fisheries where that is the current practice and law for the
CDQ allocation. It is not the intent of the conferees to either
change the current allocations to the CDQ program or create
``squid box'' problems where minor species such a squid inhibit
any directed fishing under the CDQ program.
The Conference substitute provides that the allocation to
the CDQ program of certain Bering Sea and Aleutian Islands
groundfish species (including Pacific cod, mackerel, and
flatfish species) be permanently increased to 10 percent (up
from 7.5 percent) and treated as directed fishing allocations
as soon as any quota-type programs are established in any
sector of the applicable fishery or sector allocations are
adopted in the fishery.
The Conference substitute requires that a directed
fishing allocation of 10 percent be made to the CDQ program in
any new fishery that is opened in the Bering Sea and Aleutian
Islands.
The Conference substitute codifies existing practice with
respect to processing and any other rights related to CDQ
allocations. It specifies that the allocations to the CDQ
program itself, as well as the allocations to each of the CDQ
groups include the harvesting rights, the rights to process the
fish, and any other rights or privileges related to the fish
that are associated with the allocations as of March 1, 2006.
This is not intended to give the CDQ program or the CDQ groups
processing privileges that they do not already have. The
language is also not intended to change the inshore/offshore
split contained in the American Fisheries Act.
The Conference substitute requires that the harvest of
the CDQ allocations be regulated in a manner no more
restrictive or costly than for other participants in the
applicable sector of the fishery. This section only applies to
fisheries with individual quotas or fishing cooperatives.
The Conference substitute allocates to each CDQ group the
same percentage of each species that it was authorized to
harvest annually by the Secretary as of March 1, 2006. It
codifies the existing allocations among the groups dating back
to 2003 as well as allocations for new crab CDQ allocations
which were approved by the National Marine Fisheries Service in
2005. This includes all species for which the CDQ groups
receive an allocation. Additionally, the provision establishes
a new system to reallocate up to 10 percent of a CDQ group's
allocation if the group fails to meet goals and criteria
weighted by the group itself and based on the needs of its
region.
By eliminating short term changes in fishery allocations,
the conferees intend for the CDQ groups to be able to more
readily address the economic needs of western Alaska.
The Conference substitute clarifies existing law by
naming the 65 communities and six entities eligible to
participate in the CDQ program.
The Conference substitute establishes the requirements
that each of the six CDQ groups must fulfill to maintain
eligibility in the CDQ program. Each group must be governed by
a board of directors, at least 75 percent of the members of
which are resident fishermen from the CDQ group's member
villages, and have at least one director from each of its
member villages. Each CDQ group must select a representative to
serve on the CDQ panel.
The Conference substitute allows each CDQ group to make
up to 20 percent of its annual investments: (I) on non-fishery
projects in its member villages; (II) on pooled or joint
investments with other CDQ groups in their regions; or (III)
for the purpose of matching Federal or State grants for
projects or programs in its member villages. Any remaining
investments must be in fishery related projects or for purposes
consistent with the current practices of the CDQ groups. It
also requires each CDQ group to submit an annual written
statement to the Secretary of Commerce and the State of Alaska
which summarizes its investments for the previous year.
The Conference substitute requires CDQ groups to comply
with any excessive share limitations in the BSAI fisheries only
to the extent of their proportional ownership in any other
entities. This provision is intended to address the inherent
conflict between excessive share limitations in the fisheries
and the CDQ program goal to expand the economic base of the
adjacent communities through investment in the fisheries.
The excessive share limitations imposed by the North
Pacific Council, Secretary, and Congress are mainly intended to
prevent for-profit entities and individuals from acquiring
excessive shares of fishing privileges in the fisheries. The
excessive share concept stems from National Standard Four of
the Magnuson-Stevens Act. It pre-dates the CDQ program and
fails to take into account the unique characteristics of the
CDQ program.
The Conference substitute would therefore exempt CDQ
groups from the ``attribution'' requirements of the American
Fisheries Act, the crab quota program, and other federal
regulations. Under the ``attribution'' rules, an entity is
attributed with the entirety of another entity's harvesting or
processing capacity even if the original entity only owns as
little as 10 percent of the other entity. Under the substitute,
if a CDQ group owns 25 percent of another entity, only 25
percent of the other entity's harvesting or processing capacity
would be counted against the CDQ group in determining
compliance with any excessive share limitation. Similarly, if a
CDQ group owns 77 percent of another entity, only 77 percent of
the other entity's capacity would be counted against the CDQ
group. The provision is intended to allow the CDQ groups to
continue to expand in the BSAI fisheries off their shores,
while not completely exempting CDQ groups from excessive share
limitations.
The Conference substitute requires each CDQ group to
comply with State of Alaska law for the purpose of ensuring
that the group provides an annual report to its member villages
describing its financial operations, including its general and
administrative costs and compensation levels. This provision
ensures that the State of Alaska's role is to ensure adequate
``transparency'' to the member villages, particularly with
respect to administrative costs.
The Conference substitute requires CDQ groups to
additionally comply with State of Alaska banking and securities
law to prevent fraud. This requirement removes the State of
Alaska from the investment planning and decisions of the CDQ
groups, but creates anew, narrower role, to assist the member
villages in ensuring against any fraud by the CDQ group. The
provision also Clause (iii) requires that the CDQ group and
State of Alaska keep confidential from public disclosure any
information the disclosure of which would be harmful to the
entity or its investments.
The Conference substitute exempts CDQ groups from
compliance with any State approval of financial transactions,
community development plans, and community development plan
amendments, however the provision requires CDQ groups to comply
with the decennial review conducted by the State of Alaska.
The Conference substitute establishes a community
development quota program panel. The CDQ Panel will consists
consist of a member from each of the six CDQ groups. The CDQ
Panel removes the need for governmental oversight of the CDQ
program and encourages the CDQ groups to work together.
Decisions by the CDQ Panel require the unanimous vote of all
six Panel members. The Panel may not act if there is a vacancy.
The Conference substitute requires a decennial review of
the CDQ program by the State of Alaska. The first review will
be in 2012. The CDQ Panel establishes a system to be used by
the State of Alaska for purposes of the decennial review that
allows each CDQ group to assign relative values to certain
criteria in order to match the relative weights of the criteria
to the specific needs identified by the CDQ group for its
villages. The criteria are: (I) changes in the population,
poverty level, and economic development in the CDQ group's
member villages; (II) the overall financial performance of the
CDQ group, including its fishery and non-fishery investments;
(III) the employment, scholarships, and training supported by
the CDQ group; (IV) the achievement of the goals of the
entities Community Development Plan. Each CDQ group would
weight these criteria to reflect the needs of its member
villages.
The Conference substitute requires the State of Alaska to
use the criteria as weighted by each CDQ group to determine the
performance of each CDQ group under the decennial review. The
State of Alaska is required to make each performance
determination on the record and after an opportunity for a
hearing. If the State appliesthe CDQ group's weightings and
determines that a CDQ group has maintained or improved its overall
performance, the allocations to the CDQ group are automatically
extended for the next 10-year period. If, on the other hand, the State
determines that a CDQ group has failed to maintain or improve its
performance as measured under the weighted criteria, then at least 90
percent of the CDQ group's allocation of each species under is
automatically extended, and the State may determine an appropriate
reduction of up to 10 percent of each species for all or part of the
next 10-year period. If State law prevents the State from making this
determination then the Secretary may make the appropriate reduction.
Any reductions imposed by the State of Alaska or the Secretary under
shall be reallocated for the period of the reduction to the other non-
penalized groups in proportion to each non-penalized group's allocation
of the applicable species.
The Conference substitute eliminates the requirement that
CDQ groups seek either the review or approval by the Secretary
of community development plans or amendments to community
development plans. The Conference agreement does not require
the State of Alaska to approve community development plans and
amendments.
Nothing in the Conference substitute should be construed
or implemented in a way that causes any interruption to the CDQ
program or to the opportunity of CDQ groups to harvest their
allocations.
Subsection (b) would amend existing CDQ loan authority to
set the upper limit for the total of the CDQ loans provided by
the recent bill language, and paragraph (2) would clarify that
CDQ loans under the 1998 CDQ program may be used for the
purchase of vessels, processors, permits, quota, and
cooperative rights.
Section 417. Quota share allocation
Section 427 of the House bill provides that a portion of
the total crab processing quota shares equal to 1.5 percent of
the total allowable catch for the Bristol Bay red king crab
fishery and the Bering Sea C. Opilio crab fishery be made
available to the vessel Blue Dutch, LLC in years when the total
allowable catch for that fishery is more than 2 percent higher
than the total allowable catch for that fishery during calendar
year 2005. The provision further provides that the Voluntary
Three-Pie Cooperative Program for crab fisheries of the Bering
Sea and Aleutian Islands implementing regulations shall
thereafter be adjusted so that the total of all crab processing
quota shares for each fishery referred to equals 90 percent of
the total allowable catch.
The Senate bill does not contain a comparable provision.
The Conference substitute adopts a provision that directs
the Secretary of Commerce to modify the Voluntary Three-Pie
Cooperative Program for crab fisheries of the Bering Sea and
Aleutian Islands to provide 0.75 percent of the processor quota
share units for the Bristol Bay red king crab fishery and the
Bering Sea C. Opilio crab fishery to the vessel Blue Dutch, LLC
in years when the total allowable catch for that fishery is
more than 2 percent higher than the most recent total allowable
catch for that fishery prior to September 15, 2005.
Section 418. Maine fish tender vessels
The House bill does not contain a comparable provision.
Section 211 of the Senate amendment would establish a
waiver that would allow vessels not built in the United States
to transport fish and shellfish within the coastal waters of
the State of Maine if that vessel is ineligible for
documentation under chapter 121 of title 46, United States Code
because it measures less than 5 net tons and has transported
fish or shellfish within the coastal waters of the State of
Maine prior to December 31, 2004.
The Conference substitute adopts a provision that
authorizes foreign-built vessels that are less than 5 net tons
to transport fish or shellfish between places in the State of
Maine if that vessel transported fish or shellfish between
places in Maine prior to January 1, 2005; the owner of such
vessel owns a valid wholesale seafood license to conduct such
transportation that was issued under the Revised Maine Statutes
prior to January 1, 2005; the vessel is owned by a person or
persons that meet U.S. citizenship requirements under section 2
of the Shipping Act, 1996; and the owner of the vessel submits
within 180 days of enactment of this Act an affidavit to the
Secretary in which the Coast Guard is operating that certifies
that the owner and vessel meet the requirements of this
section.
Section 419. Automatic identification system
The House bill does not contain a comparable provision.
Section 219 of the Senate amendment authorizes the
Secretary to transfer $1,000,000 to the Department of Commerce
for the purposes of awarding a competitive grant to design,
develop, and prototype a device that integrates a Class B
Automatic Identification System (AIS) transponder with an FCC-
approved wireless maritime data device. The Senate-passed
amendment also expresses the Sense of the Senate that the
Federal Communications Commission should quickly resolve the
disposition of its rulemaking on the AIS and licensee use of
AIS frequency bands.
The Conference substitute adopts the Senate provision.
Section 420. Voyage data recorder study and report
Section 429 of the House bill would require the Secretary
to prescribe regulations to require ferries that carry more
than 399 passengers be equipped with a voyage data recorder and
to establish standards, methods for approval of models, and
procedures for annual performance testing.
The Senate amendment does not include a comparable
provision.
The Conference substitute adopts a provision that
requires the Coast Guard to conduct a study that examines the
costs and benefits of carriage of a voice data recorder aboard
ferries that carry 400 or more passengers. The Coast Guard is
required to submit the findings of the study to Congress not
more than 1 year after enactment and to include a
recommendation for proposed legislative language if it is
deemed appropriate and necessary.
Section 421. Distant water tuna fleet
The House bill does not contain a comparable provision.
Section 218 of the Senate amendment would permit U.S.-
flag purse seine fishing vessels that operate out of American
Samoa and that fish exclusively for highly migratory species
under a fishing license issued pursuant to the 1987 Treaty of
Fisheries Between the Governments of Certain Pacific Islands
States and the Government of the United States of America to
utilize non-United States licensed and documented personnel to
meet manning requirements for a 48-month period beginning on
the date of enactment of this Act if, after timely notice of a
vacancy, no United States-licensed and documented personnel are
readily available.
The Conference substitute adopts a provision that would
permit such U.S.-flag vessels to utilize foreign citizens that
hold a valid license issued 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 under competency and training
standards that are equivalent or exceed such standards, in the
determination of the Secretary, that are required for U.S.
licensed personnel. The provision maintains the requirement
that the vessel's master be a U.S. citizen licensed by the
Coast Guard and provides that this exemption applies only when
no U.S. licensed and documented personnel area available. The
substitute maintains the sunset and geographical restrictions
that were included in the Senate amendment.
TITLE V--LIGHTHOUSES
Section 501. Transfer
Section 501 of the House bill transfers administrative
jurisdiction from the Secretary of Agriculture to the Secretary
of the department in which the Coast Guard is operating over
several National Forest System lands in the State of Alaska
upon which are located certain Coast Guard facilities, and over
improvements situated on the lands, without requiring
consideration and directs the Secretary of Interior to select
an eligible entity under the National Historic Lighthouse
Preservation Act to take custody of the structures and
surrounding lands once the Coast Guard has determined that the
land is excess property.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts the House provision.
Section 502. Misty Fiords National Monument and Wilderness
Section 502 of the House bill permits the Secretary of
the department in which the Coast Guard is operating to
transfer to the Secretary of Agriculture all administrative
jurisdiction over the Tree Point Light Station, without
consideration, if the Secretary determines that the Tree Point
Light Station is no longer needed for the purposes of the Coast
Guard. The Commandant of the Coast Guard, however, may reserve
rights to operate and maintain Federal aids to navigation at
the site.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts the House provision.
Section 503. Miscellaneous light stations
Section 503 of the House bill specifies that, for
purposes of section 416(a)(2) of Public Law 105-383, 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. That law authorized the Commandant of
the Coast Guard, or the Administrator of the General Services
Administration, as appropriate, to convey all right, title, and
interest of the United States to Cape St. Elias Light Station
to the Cape St. Elias Light Keepers Association; however, it
did not clearly describe the property to be conveyed. This
provision provides a description of this property.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts the House provision with
an amendment that amends Section 325(c)(3) of the Coast Guard
Authorization Act of 1993 (Public Law 103-206; 107 Stat. 2432)
to include several housing units and related structures with
the property that was transferred in association with Point
Wilson Lighthouse in the State of Washington under that Act.
Section 504. Inclusion of lighthouse in St. Marks National Wildlife
Refuge, Florida
Section 504 of the House bill revokes the 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, consisting of
approximately 8.0 acres within the external boundaries of St.
Marks National Wildlife Refuge in Wakulla County, Florida.
Administrative jurisdiction over this land, and over all
improvements, structures, and fixtures located thereon, is
transferred from the department in which the Coast Guard is
operating to the Secretary of the Interior,
withoutreimbursement. However, any Federal aids to navigation located
at the Refuge will continue to be operated and maintained by the Coast
Guard for as long as they are needed for navigational purposes, and the
Coast Guard may remove, replace, or install any Federal aid to
navigation at the Refuge as may be necessary.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts the House provision with
an amendment that prohibits the transfer of the property until
the Coast Guard has completed all response and restoration
activities at the site.
TITLE VI--DELAWARE RIVER PROTECTION AND MISCELLANEOUS OIL PROVISIONS.
Section 601. Short title
Section 601 of the House bill states that the legislation
may be referred to as the ``Delaware River Protection Act of
2005''.
The Senate amendment does not contain a comparable
provision.
The Conference substitute states that this title may be
referred to as the ``Delaware River Protection Act of 2006''.
Section 602. Requirement to notify Coast Guard of release of objects
into the navigable waters of the United States
Section 602 of the House bill establishes a requirement
to notify the Coast Guard of a release of an object from a
vessel or facility that creates an obstruction to navigation.
Individuals who fail to ``promptly'' notify the Coast Guard of
a loss of such an object will be subject to existing civil and
criminal penalties under the Ports and Waterways Safety Act.
Under Subchapter C of title 33, Code of Federal
Regulations, owners of sunken or submerged vessels that could
obstruct navigation in U.S. waters must mark and report the
existence of the obstruction. However, there is no current
statutory or regulatory requirement that an owner of an object,
other than a vessel, notify the Coast Guard after the release
of such an object into the navigable waterways of the United
States. This provision will address that discrepancy and will
improve the Coast Guard's capabilities to maintain safe and
efficient navigation on U.S. waterways.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts the House provision.
Section 603. Limits on liability
Section 603 of the House bill amends the Oil Pollution
Act of 1990 (OPA) to adjust oil spill liability limits to
reflect the change in the Consumer Price Index (CPI) since the
Act's passage in 1990. The provision would increase liability
limits to the December, 2004 CPI-adjusted level (approximately
$1,700 per gross ton) over a three year period. The provision
makes distinctions between single-hull vessels and double-hull
vessels. Liability levels for double-hull vessels would be
increased by $500 per gross ton over 3 years, while liability
levels for single-hull vessels would be increased by $1,050 per
gross ton over three years. This amount is equal to twice the
adjustment (approximately $525 per gross ton) based on the
increase in the CPI from 1990-2004. The provision also requires
the President to adjust the liability limits within three years
of the enactment of the Act and every three years thereafter.
OPA established liability limits for tank vessels at a
level of $1,200 per gross ton. Under OPA, liability for cleanup
costs and damages resulting from oil spills rests with a
``responsible party'' who is either the owner or operator of a
vessel. In the event of a spill, the responsible party must pay
removal costs incurred by the government or others and damages
to claimants who are injured by the spill. Damages may include
natural resources damages, damages to real or personal
property, damages for loss of use of a natural resource such as
a fishery, damages for lost revenue or profit caused by a
spill, and damages for the cost of government response
necessitated by the spill.
Under OPA, the President is required to adjust these
limits every three years according to changes in the Consumer
Price Index (CPI). Despite this requirement, no such
adjustments have ever been made. The Secretary of the
Department of Homeland Security has recently delegated this
authority to the Coast Guard.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts the House provision with
an amendment to increase liability limits for single-hull tank
vessels to $3,000 per gross ton; for double-hull tank vessels
to $1,900 per gross ton; and for nontank vessels to $950 per
gross ton. These adjustments are based on the projected
increase in the end-of-year CPI figure for calendar year 2006.
The substitute also requires the Coast Guard to provide a
report within 45 days of enactment of the Act on the extent to
which oil discharges from vessels and non-vessel sources have
or are likely to result in response costs and damages that
exceed these new limits, the impact on the Oil Spill Liability
Trust Fund, and recommendations on whether the liability limits
need to be further adjusted. This report is to be updated
annually.
Section 604. Requirement to update Philadelphia area contingency plan
Section 604 of the House bill requires the Philadelphia
Area Committee to annually update its area contingency plan to
include the most recent environmental sensitivity data that has
been collected by State and Federal agencies.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts the House provision.
Section 605. Submerged oil removal
Section 605 of the House bill requires the National
Oceanic and Atmospheric Administration (NOAA), in conjunction
with the Coast Guard, to establish a submerged oil research
program to research methods to detect, monitor and remove
submerged oil and improve modeling capabilities to better
predict the movement and behavior of submerged oil. The
provision also requires the Coast Guard to carry out a
demonstration project to demonstrate technologies and processes
to detect and remove submerged oil from waterways including the
Delaware River.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts the House provision with
an amendment to limit the scope of the submerged oil research
program to the Delaware River and Delaware Bay region.
Title VII of the Oil Pollution Act establishes an Oil
Pollution Research and Development Program and an Interagency
Coordinating Committee on Oil Pollution Research to carry out
the Program. The program established under this section would
carry out specific research on the effects and persistence of
submerged oil in addition to the research program that is
carried out by the Committee. A large percentage of the oil
that was released from the ATHOS I was or still remains
submerged at the bottom of the river, and little work has been
done to increase capabilities to predict the persistence of or
vertical and horizontal movement of oil within the water
column.
The conferees recommend that the efforts of the research
program be focused on developing methods and technologies to
remove or diminish the persistence of submerged oil that is
currently found in the Delaware River. Further, the conferees
recommend that the effort of the demonstration program be
concentrated on evaluating methods and technologies of removing
submerged oil of the type that was released into the Delaware
River as a result of the grounding of the ATHOS I and under the
conditions that are observed in the area of the Delaware River
that was impacted by such oil.
Section 606. Assessment of oil spill costs
The House bill does not contain a comparable provision.
The Senate amendment does not contain a comparable
provision.
The Conference substitute requires the Government
Accountability Office to assess the costs of response
activities and claim that resulted from oil spills into U.S.
waters since January 1, 1990.
Section 607. Delaware River and Bay Oil Spill Advisory Committee
Section 606 of the House bill establishes an advisory
committee composed of representatives from port authorities,
shipping interests, oil refineries, labor, river pilots,
environmental groups and the general public. The Committee is
tasked with developing recommendations for Congress on the
prevention of and response to future oil spills on the Delaware
River and Bay.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts the House provision with
an amendment to increase the membership of the advisory
committee.
The conferees do not intend the advisory committee
established under this section to, in any way, assume or
duplicate the roles and responsibilities inherent to any
existing advisory committees including the Mariners Advisory
Committee for the Delaware River and Bay, as well as any
committees established under the Oil Pollution Act of 1990 or
under Chapter 701 of title 46, United States Code, nor do the
conferees wish the advisory committee to duplicate the work of
these other entities.
Section 608. Nontank vessels
The House bill does not contain a comparable provision.
Section 519 of the Senate amendment would clarify the
applicability of section 701 of P.L. 108-293 (Coast Guard and
Maritime Transportation Act of 2004) to nontank vessels within
12 nautical miles of the United States.
The Conference substitute adopts the Senate provision
with a technical amendment.
TITLE VII--HURRICANE RESPONSE
Section 701. Homeowners assistance for Coast Guard personnel affected
by Hurricanes Katrina or Rita
Section 213 of the House bill authorizes the Secretary to
purchase the primary residences of Coast Guard personnel who
were assigned to a facility in Louisiana, Mississippi, or
Alabama prior to the landfall of Hurricane Katrina that were
damaged or destroyed by the storm. Eligible personnel would
receive up to 85 percent of fair market value or the amount of
any outstanding mortgage, minus an amount of money received
from insurance and would transfer to the Secretary all title
and interest to the property. The authority to make such
purchases is subject to the availability of appropriations.
The Senate amendment does not contain a comparable
provision.
The Conference substitute adopts the House provision with
an amendment to make personnel assigned to facilities in the
State of Texas and properties damaged as a result of Hurricane
Rita eligible for reimbursement under this section.
The conferees believe that this provision recognizes the
unique situation in which the men and women of the Coast Guard
are placed. The Coast Guard was among the first on the scene
after (and during) Hurricanes Katrina and Rita and rescued
approximately 35,000 Americans. At the same time, members
suffered great personal losses. Instead of going home to save
personal items, they remained on duty.
Section 702. Temporary authorization to extend the duration of
licenses, certificates of registry, and merchant mariners'
documents
Section 420 of the House bill would authorize the
Secretary through December 31, 2006 to temporarily extend the
duration of a license or certificate of registry or merchant
mariners' document issued for an individual for up to one year
if the records of the individual are located at the Coast Guard
facility in New Orleans that was damaged by Hurricane Katrina
or the individual is a resident of Alabama, Mississippi, or
Louisiana.
Section 705 of the Senate amendment contains a similar
provision but authorizes extensions ``when such action is
deemed appropriate and necessary'' and extends the authority to
grant exemptions through September 30, 2007.
The Conference substitute adopts the House provision with
an amendment to permit the Secretary to provide an extension to
a mariner whose records were damaged or lost as a result of
Hurricane Katrina and provides that the authority to grant
extensions will expire on April 1, 2007.
The conference adopts this provision to address the
concerns of the Coast Guard and Gulf merchant mariners affected
by Hurricanes Katrina and Rita. The extension will allow
merchant mariners to continue working in the region while the
Coast Guard continues its efforts to recover documents that
were held in the Regional Examination Center in New Orleans.
The conferees also direct the Coast Guard to expedite the
processing of merchant mariner documents for new applicants
from the Gulf Coast region. The dislocation of the local
population due to Hurricanes Katrina and Rita left many Gulf
Coast vessel operators without enough employees to meet the
offshore repair workload. As the speed with which these repairs
are made have a significant impact on U.S. energy supplies, the
Coast Guard should make every effort to expedite the processing
of merchant mariner documents for new applicants required to do
this work.
Section 703. Temporary authorization to extend the duration of vessel
certification of vessel certificates of inspection
Section 421 of the House bill authorizes the Secretary
through December 31, 2006 to temporarily extend the duration or
the validity of a certificate of inspection or a certificate of
compliance for up to 6 months for a vessel inspected by a Coast
Guard Marine Safety Office located in Alabama, Mississippi, or
Louisiana.
Section 705 of the Senate amendment contains a similar
provision except that it does not limit the application of the
provision to vessels inspected by a Coast Guard Marine Safety
Office located in Alabama, Mississippi, or Louisiana. Also, the
Senate amendment extends authorization through September 30,
2007.
The Conference substitute adopts the House provision with
an amendment to extend the authority through April 1, 2007.
Section 704. Preservation of leave lost due to Hurricane Katrina
operations
The House bill does not contain a comparable provision.
Section 707 of the Senate amendment would preserve up to
90 days of accumulated leave that would otherwise be lost for
Coast Guardsmen who were stationed in or assisted with
operations in the areas that were affected by Hurricane
Katrina. This section also provides that any leave in excess of
60 days that is preserved under this language will be lost if
not used prior to the end of FY 2006.
The Conference substitute adopts the Senate provision.
The conference adopts this provision to rectify the
inequity that would occur to certain Coast Guard personnel who
worked in the region affected by Hurricane Katrina and did not
take accumulated leave.
Section 705. Report on impacts to Coast Guard
Section 214 of the House bill requires the Coast Guard to
submit a report on the personnel and assets deployed to assist
in the response to Hurricane Katrina and the costs incurred as
a result of such response that are in addition to funds already
appropriated for the Coast Guard for FY 2005.
Section 708 of the Senate amendment contains a comparable
provision that requires the Coast Guard to analyze the impacts
of Hurricane Katrina on Coast Guard assets and operations, the
Coast Guard's preparedness for such a storm, the Coast Guard's
capabilities to communicate during and after the storm, and the
financial impacts unbudgeted increases in the price of fuel on
Coast Guard operations in FYs 2005 and 2006.
The Conference substitute adopts the Senate provision.
Section 706. Report on impacts on navigable waterways
The House bill does not contain a comparable provision.
Section 709 of the Senate amendment requires the Coast
Guard to submit a report on the impacts of Hurricane Katrina on
navigable waterways and the response of the Coast Guard to such
impacts.
The Conference substitute adopts the Senate provision.
TITLE VIII--OCEAN COMMISSION RECOMMENDATIONS
Section 801. Implementation of international agreements
The House bill does not contain a comparable provision.
Section 302 of the Senate amendment requires the
Secretary to work with responsible officials and agencies of
other nations to accelerate efforts at the International
Maritime Organization (IMO) to enhance flag state oversight and
enforcement of security, environmental, and other agreements
adopted within the IMO, including implementation of a code
outlining flag state responsibilities and obligations, an audit
regime for evaluating flag state performance, measures to
ensure that responsible organizations, acting on behalf of flag
states, meet established performance standards, and cooperative
arrangements to improve enforcement on a bilateral, regional or
international basis.
The Conference substitute adopts the Senate provision
with a technical amendment to clarify that the Secretary shall
work with our international partners to accelerate the
implementation and enforcement of those international
agreements to which those nations are a party.
Section 802. Voluntary measures for reducing pollution from
recreational boats
The House bill does not contain a comparable provision.
Section 303 of the Senate amendment requires the
Secretary to, in consultation with appropriate federal, state,
and local government agencies, undertake outreach programs for
educating the owners and operators of boats using two-stroke
engines about the pollution associated with such engines, and
to support voluntary programs to reduce such pollution and
encourage the early replacement of older two-stroke engines.
The Conference substitute adopts the Senate provision.
Section 803. Integration of vessel monitoring system data
The House bill does not contain a comparable section.
Section 304 of the Senate amendment requires the
Secretary to integrate vessel monitoring system data into its
maritime operations databases for the purpose of improving
monitoring and enforcement of federal fisheries laws and to
work with the Undersecretary of Commerce for Oceans and
Atmosphere to ensure effective use of such data for monitoring
and enforcement.
The Conference substitute adopts the Senate provision.
Section 804. Foreign fishing incursions
The House bill does not contain a comparable provision.
Section 304 of the Senate amendment requires the
Secretary to 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.
The Conference substitute adopts the Senate provision
with an amendment to also include incursions in the Bering Sea
within the scope of the report.
TITLE IX--TECHNICAL CORRECTIONS
Section 401 of the House bill makes several technical
corrections to current law related to the Coast Guard and
maritime transportation.
Sections 501-518 of the Senate amendment make several
conforming amendments to current law to reflect the transfer of
the Coast Guard to the Department of Homeland Security from the
Department of Homeland Security.
Sections 208, 520 and 521 of the Senate amendment make
several other amendments that are technical or conforming in
nature.
Section 601 of the Senate amendment establishes an
effective date for technical amendments that were included in
the Senate amendment.
The Conference Report makes several technical and
conforming amendments to statutes related to Coast Guard and
maritime transportation and establishes an effective date for
those amendments.
From the Committee on Transportation and
Infrastructure, for consideration of the House
bill and the Senate amendment, and
modifications committed to conference:
Don Young,
Frank A. LoBiondo,
Howard Coble,
Peter Hoekstra,
Pete Simmons,
Mario Diaz-Balart,
Charles W. Boustany, Jr.,
James L. Oberstar,
Bob Filner,
Gene Taylor,
Brian Higgins,
Allyson Y. Schwartz,
From the Committee on Energy and Commerce, for
consideration of sec. 408 of the House bill,
and modifications committed to conference:
Joe Barton,
Paul Gillmor,
John D. Dingell,
From the Committee on Homeland Security, for
consideration of secs. 101, 404, 413, and 424
of the House bill, and secs. 202, 207, 215, and
302 of the Senate amendment, and modifications
committed to conference:
Bennie G. Thompson,
From the Committee on Resources, for
consideration of secs. 426, 427, and title V of
the House bill, and modifications committed to
conference:
Richard Pombo,
Walter B. Jones,
Managers on the Part of the House.
Ted Stevens,
Olympia Snowe,
(except section 414),
Trent Lott,
Gordon Smith,
Daniel Inouye,
Maria Cantwell,
(except section 414),
Frank R. Lautenberg,
(except section 414),
Managers on the Part of the Senate.