[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 889 Engrossed in House (EH)]
109th CONGRESS
1st Session
H. R. 889
_______________________________________________________________________
AN ACT
To authorize appropriations for the Coast Guard for fiscal year 2006,
to make technical corrections to various laws administered by the Coast
Guard, and for other purposes.
109th CONGRESS
1st Session
H. R. 889
_______________________________________________________________________
AN ACT
To authorize appropriations for the Coast Guard for fiscal year 2006,
to make technical corrections to various laws administered by the Coast
Guard, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coast Guard and Maritime
Transportation Act of 2005''.
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. Authorization of funding related to Hurricane Katrina.
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. Icebreaker operation and maintenance plan.
Sec. 211. Operation as a service in the Navy.
Sec. 212. Commendation, recognition, and thanks for Coast Guard
personnel.
Sec. 213. Homeowners assistance for Coast Guard personnel affected by
Hurricane Katrina.
Sec. 214. Report on personnel, assets, and expenses.
Sec. 215. Limitation on moving assets to St. Elizabeths hospital.
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.
TITLE IV--MISCELLANEOUS
Sec. 401. Technical corrections.
Sec. 402. Authorization of junior reserve officers training program
pilot program.
Sec. 403. Transfer.
Sec. 404. Long-range vessel tracking system.
Sec. 405. Reports.
Sec. 406. Training of cadets at United States Merchant Marine Academy.
Sec. 407. Marine casualty investigations study.
Sec. 408. Conveyance of decommissioned Coast Guard Cutter MACKINAW.
Sec. 409. Deepwater implementation report.
Sec. 410. Helicopters.
Sec. 411. Reports from mortgagees of vessels.
Sec. 412. Newtown Creek, New York City, New York.
Sec. 413. Determination of the Secretary.
Sec. 414. Report on technologies.
Sec. 415. Movement of anchors.
Sec. 416. International tonnage measurement of vessels engaged in the
Aleutian trade.
Sec. 417. Assessment and planning.
Sec. 418. Homeport.
Sec. 419. Opinions regarding whether certain facilities create
obstructions to navigation.
Sec. 420. Temporary authorization to extend the duration of licenses,
certificates of registry, and merchant
mariners' documents.
Sec. 421. Temporary authorization to extend the duration of vessel
certificates of inspection.
Sec. 422. Temporary center for processing of for licenses, certificates
of registry, and merchant mariners'
documents.
Sec. 423. Determination of navigational impact.
Sec. 424. Port Richmond.
Sec. 425. Citizenship and naval reserve requirements.
Sec. 426. Eligibility to participate in western Alaska community
development quota program.
Sec. 427. Quota share allocation.
Sec. 428. Acquisition of maritime refueling support vessel for United
States drug interdiction efforts in the
Eastern Pacific Maritime Transit Zone.
Sec. 429. Voyage data recorder requirements.
TITLE V--LIGHTHOUSES
Sec. 501. Transfer.
Sec. 502. Misty Fiords National Monument and Wilderness.
Sec. 503. Cape St. Elias light station.
Sec. 504. Inclusion of lighthouse in St. Marks National Wildlife
Refuge, Florida.
TITLE VI--RESPONSE
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. Delaware River and Bay Oil Spill Advisory Committee.
Sec. 607. Maritime fire and safety activities.
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,
$5,586,400,000, 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.
(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, $35,900,000.
(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 years ending
on September 30, 2005, and September 30, 2006.
(b) Military Training Student Loads.--The Coast Guard is authorized
average military training student loads as follows:
(1) For recruit and special training for fiscal year 2006,
2,500 student years.
(2) For flight training for fiscal year 2006, 125 student
years.
(3) For professional training in military and civilian
institutions for fiscal year 2006, 350 student years.
(4) For officer acquisition for fiscal year 2006, 1,200
student years.
SEC. 103. AUTHORIZATION OF FUNDING RELATED TO HURRICANE KATRINA.
There is authorized to be appropriated for fiscal year 2005 for the
operation and maintenance of the Coast Guard, in addition to the
amounts authorized for that fiscal year by section 101(1) of the Coast
Guard and Maritime Transportation Act of 2004 (118 Stat. 1030),
$60,000,000 for emergency hurricane expenses, emergency repairs, and
deployment of personnel, to support costs of evacuation, and for other
costs resulting from immediate relief efforts related to Hurricane
Katrina.
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 existing undesignated text the
following new subsection designation and heading: ``(a) Detail
of Members to Assist Foreign Governments.--''; and
(3) by adding at the end the following new subsection:
``(b) Technical Assistance to Foreign Maritime Authorities.--The
Commandant, in coordination with the Secretary of State, may, in
conjunction with regular Coast Guard operations, provide 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 related to such section in the
analysis at the beginning of chapter 7 of title 14, United States Code,
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) of this section 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 amending the first sentence to read as
follows: ``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 the enactment of this Act may be immediately
promoted to a commissioned grade, not to exceed captain, determined by
the Secretary 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:
``(1) The term `one-step turn-key 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(a) of title 14, United States Code, is amended--
(1) by inserting ``, or to aid in prevention of an
imminent,'' after ``during'';
(2) by striking ``or'' before ``catastrophe'';
(3) by inserting ``, 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'' after ``catastrophe'';
(4) by striking ``thirty days in any four-month period''
and inserting ``60 days in any 4-month period''; and
(5) by striking ``sixty days in any two-year period'' and
inserting ``120 days in any 2-year period''.
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 so much as precedes
paragraph (2) and inserting the following:
``(b)(1) The Secretary shall, at least once each year, make 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 designating the existing undesignated text as
subsection (a); and
(2) by adding at the end the following new subsection:
``(b) The Coast Guard may utilize to carry out its functions and
duties as authorized by the Secretary any motorized vehicle 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 title 14,
United States Code, is amended by striking ``or radio station'' and
inserting ``radio station, or motorized vehicle'' each place it
appears.
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. 197. Coast Guard history fellowships
``(a) Fellowships.--The Commandant of the Coast Guard shall
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) 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:
``197. Coast Guard history fellowships.''.
SEC. 210. ICEBREAKER OPERATION AND MAINTENANCE PLAN.
The Secretary of the department in which the Coast Guard is
operating shall--
(1) by not later than 90 days after the date of the
enactment of this Act, 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 for operation and
maintenance of Coast Guard icebreakers in the waters of
Antarctica after fiscal year 2006 that does not rely on the
transfer of funds to the Coast Guard by any other Federal
agency; and
(2) subject to the availability of appropriations,
implement the plan in fiscal years after fiscal year 2006.
SEC. 211. OPERATION AS A SERVICE IN THE NAVY.
Section 3 of title 14, United States Code, is amended by striking
``Upon the declaration of war or when'' and inserting ``When''.
SEC. 212. COMMENDATION, RECOGNITION, AND THANKS FOR COAST GUARD
PERSONNEL.
(a) Findings.--The Congress finds the following:
(1) On August 29, 2005, Hurricane Katrina struck the Gulf
of Mexico coastal region of Louisiana, Mississippi, and
Alabama, causing the worst natural disaster in United States
history.
(2) The response to such hurricane by members and employees
of the Coast Guard has been immediate, invaluable, and
courageous.
(3) Members and employees of the Coast Guard--
(A) have shown great leadership in helping to
coordinate relief efforts with respect to Hurricane
Katrina;
(B) have used their expertise and specialized
skills to provide immediate assistance to victims and
survivors of the hurricane; and
(C) have set up remote assistance operations in the
affected areas in order to best provide service to Gulf
of Mexico coastal region.
(4) Members of the Coast Guard have volunteered their
unique resources to assess the situation and deliver aid when
and where other relief efforts could not.
(5) Members of the Coast Guard have demonstrated their
resolve and character by providing aid to Hurricane Katrina
victims and survivors.
(6) Members and employees of the Coast Guard have worked
together to bring clean water, food, and resources to victims
and survivors in need.
(b) Commendation, Recognition, and Thanks.--The Congress--
(1) commends the outstanding efforts in response to
Hurricane Katrina by members and employees of the Coast Guard;
(2) recognizes that the actions of these individuals went
above and beyond the call of duty; and
(3) thanks them for their continued dedication and service.
SEC. 213. HOMEOWNERS ASSISTANCE FOR COAST GUARD PERSONNEL AFFECTED BY
HURRICANE KATRINA.
(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 under subsection (b) for
reimbursement under this section, for losses of qualified property
owned by such person that result from damage caused by Hurricane
Katrina.
(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, or Alabama 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,
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 or
condominium unit, the amount shall be--
(A) the amount equal to the greater of--
(i) 85 percent of the fair market value of
the dwelling or condominium unit on August 28,
2005 (as determined by the Secretary), or
(ii) the outstanding mortgage, if any, on
the dwelling or condominium unit 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.--An owner receiving reimbursement under
this section shall transfer to the Secretary all right, title,
and interest of the owner in the qualified property for which
the owner receives such reimbursement. The Secretary shall
hold, manage, and dispose of such qualified property 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 Secretary 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, or Alabama that is owned and
occupied, as a principal residence, by a person who is eligible under
subsection (b).
(f) Subject to Appropriations.--The authority to pay reimbursement
under this section is subject to the availability of appropriations.
SEC. 214. REPORT ON PERSONNEL, ASSETS, AND EXPENSES.
Not later than September 15, 2005, and at least once every month
thereafter through January 2006, the Commandant of the Coast Guard
shall report to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate regarding 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 fiscal year 2005.
SEC. 215. LIMITATION ON MOVING ASSETS TO ST. ELIZABETHS HOSPITAL.
The Commandant of the Coast Guard may not move any Coast Guard
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--
(1) to provide road access to the site from Interstate
Route 295; and
(2) 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.
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'' after the semicolon 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'' after the semicolon 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 striking ``The'' and inserting
``Before March 1 of each year, the''; and
(2) by adding at the end the following:
``(g) The Secretary shall ensure that the number of full-time
equivalent employees assigned to carry out this section is not less
than 4.''.
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 in the matter following subparagraph
(C) by striking ``denial of such claim of registry'' and inserting
``response''.
SEC. 304. LNG TANKERS.
(a) Program.--The Secretary of Transportation shall develop and
implement a program to promote the transportation of liquefied natural
gas to the United States on United States-flag vessels.
(b) Amendment to Deepwater Port Act.--Section 4 of the Deepwater
Port Act of 1974 (33 U.S.C. 1503) is amended by adding at the end the
following:
``(i) To promote the security of the United States, the Secretary
shall give top priority to the processing of a license under this Act
for liquefied natural gas facilities that will be supplied with
liquefied natural gas by United States flag-vessels.''.
(c) Report.--Within 6 months after the date of the enactment of
this Act, the Secretary shall submit a report to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate on
the implementation of this section.
TITLE IV--MISCELLANEOUS
SEC. 401. TECHNICAL CORRECTIONS.
(a) Requirements for Cooperative Agreements for Voluntary
Services.--Section 93(a)(19) of title 14, United States Code, as
amended by section 201 of the Coast Guard and Maritime Transportation
Act of 2004 (Public Law 108-293; 118 Stat. 1031), is amended by
redesignating subparagraphs (1) and (2) in order as subparagraphs (A)
and (B).
(b) Correction of Amendment to Chapter Analysis.--Section 212(b) of
the Coast Guard and Maritime Transportation Act of 2004 (Public Law
108-293; 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, as amended by sections
201 and 217 of the Coast Guard and Maritime Transportation Act of 2004
(Public Law 108-293; 118 Stat. 1031, 1038), is amended by redesignating
paragraph (y) as paragraph (24).
(d) Correction of Reference to Ports and Waterways Safety Act.--
Section 302 of the Coast Guard and Maritime Transportation Act of 2004
(Public Law 108-293; 118 Stat. 1041) is amended by striking ``of
1972''.
(e) Technical Correction of Penalty.--Section 4311(b) of title 46,
United States Code, as amended by section 406 of the Coast Guard and
Maritime Transportation Act of 2004 (Public Law 108-293; 118 Stat.
1043), 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, as amended by section 416(b)(3) of the
Coast Guard and Maritime Transportation Act of 2004 (Public Law 108-
293; 118 Stat. 1047), 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.--Section 418(a) of the Coast Guard
and Maritime Transportation Act of 2004 (Public Law 108-293; 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.--Section 609(1) of the Coast
Guard and Maritime Transportation Act of 2004 (Public Law 108-
293; 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, as amended by section 609(1) of the Coast Guard
and Maritime Transportation Act of 2004 (Public Law 108-293;
118 Stat. 1058), 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, as amended by section 609(3) of the
Coast Guard and Maritime Transportation Act of 2004 (Public Law
108-293; 118 Stat. 1058), 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), as
amended by section 701 of the Coast Guard and Maritime
Transportation Act of 2004 (Public Law 108-293; 118 Stat.
1067), is amended by striking ``non-tank'' each place it
appears and inserting ``nontank''.
(2) Punctuation error.--Section 701(b)(9) of the Coast
Guard and Maritime Transportation Act of 2004 (Public Law 108-
293; 118 Stat. 1068) is amended by inserting close 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)), as amended by section 704(1) of the Coast
Guard and Maritime Transportation Act of 2004 (Public Law 108-293; 118
Stat. 1075), 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 (Public
Law 108-293; 118 Stat. 1078), 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 (Public Law 108-293; 118 Stat. 1078), 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, as amended by section
806 of the Coast Guard and Maritime Transportation Act of 2004 (Public
Law 108-293; 118 Stat. 1082), 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) Effective Date.--This section shall take effect August 9, 2004.
SEC. 402. AUTHORIZATION OF JUNIOR RESERVE OFFICERS TRAINING PROGRAM
PILOT PROGRAM.
(a) In General.--The Secretary of the department in which the Coast
Guard is operating (in this section referred to as the ``Secretary'')
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.--A 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 a pilot program
under this section, the Secretary may provide to Camden County High
School--
(1) assistance in course development, instruction, and
other support activities;
(2) commissioned, warrant, and petty officers of the Coast
Guard to serve as administrators and instructors; and
(3) 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 who request that
employment and who are approved by the Secretary and Camden
County High School.
(2) Authorized pay.--
(A) In general.--Retired members employed under
paragraph (1) of this subsection are entitled to
receive their retired or retainer pay and an additional
amount of not more than the difference between--
(i) the amount the individual would be paid
as pay and allowance if they were considered to
have been ordered to active duty during that
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) of this
paragraph, from funds appropriated for that 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. 403. TRANSFER.
Section 602(b)(2) of the Coast Guard and Maritime Transportation
Act of 2004 (118 Stat. 1051) is amended 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.''.
SEC. 404. LONG-RANGE VESSEL TRACKING SYSTEM.
(a) Pilot Project.--Subject to the availability of appropriations,
the Secretary of the department in which the Coast Guard is operating,
acting through the Commandant of the Coast Guard, shall conduct a pilot
program for long range tracking of up to 2,000 vessels using satellite
systems pursuant to section 70115 of title 46, United States Code.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of the department in which the Coast
Guard is operating $4,000,000 for fiscal year 2006 to carry out the
pilot program authorized under subsection (a).
SEC. 405. REPORTS.
(a) Adequacy of Assets.--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. Not later than 180 days after the date
of the enactment of this Act, the Commandant shall submit a report to
the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate that includes the findings of that review
and any recommendations to enhance mission capabilities in those areas.
(b) Areas of Review.--The report under subsection (a) shall provide
information and recommendations on the following assets:
(1) Coast Guard aircraft, including helicopters, stationed
at Air Station Detroit in the State of Michigan.
(2) Coast Guard vessels and aircraft stationed in the
Commonwealth of Puerto Rico.
(3) 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.
(4) Coast Guard vessels and aircraft stationed in Coast
Guard Sector Delaware Bay.
(5) Physical infrastructure at Boat Station Cape May in the
State of New Jersey.
(c) Adequacy of Active Duty Strength.--The Commandant of the Coast
Guard shall review the adequacy of the strength of active duty
personnel authorized under section 102(a) 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. Not later than 180 days after the date of the enactment of
this Act, the Commandant shall submit a report to the Committee on
Transportation and Infrastructure and the Committee on Homeland
Security of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate that includes the findings of
that review.
SEC. 406. 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) in paragraph (2) by striking ``and'' after the
semicolon at the end;
(2) in paragraph (3) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) on any other vessel considered necessary or
appropriate or in the national interest.''.
SEC. 407. MARINE CASUALTY INVESTIGATIONS STUDY.
(a) Study.--Within 3 months after the date of enactment of this
Act, the Commandant of the Coast Guard shall enter into an agreement
with National Institute for Occupational Safety and Health for a study
of the Coast Guard marine casualty investigation program to examine the
extent to which marine casualty investigations and reports--
(1) result in information and recommendations that prevent
similar casualties;
(2) minimize the effect of similar casualties, given that
it has occurred; and
(3) maximize lives saved in similar casualties, given that
the vessel has become uninhabitable.
(b) Included Elements.--To promote the safety of all those who work
on or travel by water and to protect the marine environment, the study
shall include consideration of--
(1) the adequacy of resources devoted to marine casualty
investigations considering caseload, training and experience of
marine casualty investigators, and duty assignment practices;
(2) investigation standards and methods, including a
comparison of the formal and informal investigation processes;
(3) use of best investigation practices considering
transportation investigation practices used by other Federal
agencies and foreign governments, including the British MAIB
program;
(4) marine casualty data base management and use of
casualty data and information as an input to marine casualty
prevention programs;
(5) the extent to which marine casualty data and
information have been used to improve the survivability and
habitability of vessels involved in marine casualties; and
(6) any changes to current statutes that would clarify
Coast Guard responsibilities for marine casualty investigations
and report.
(c) Report to Congress.--The study, along with its findings and
recommendations, shall be provided to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate within 18 months
after entering into a contract with the Institute.
(d) Authorization of Appropriations.--There is authorized to be
appropriated $625,000 to carry out the study required by this section.
SEC. 408. 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
all right, title, and interest of the United States in and to that
vessel to the City and County of Cheboygan, Michigan, without
consideration, 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.--Prior to conveyance of the
vessel under this section, the Commandant shall, to the extent
practical, and subject to other Coast Guard mission requirements, make
every effort to maintain the integrity of the vessel and its equipment
until the time of delivery. If a conveyance is made under this section,
the Commandant shall deliver the vessel at the place where the vessel
is located, in its present condition, and without cost to the
Government. 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. 409. DEEPWATER IMPLEMENTATION REPORT.
Within 30 days after the date of the 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 report on the implementation of the
Integrated Deepwater Program that includes--
(1) a complete timeline for the acquisition of each new
Deepwater asset and the phase-out of legacy assets for the life
of such program;
(2) a projection of the remaining operational lifespan of
each legacy asset;
(3) a detailed justification for each modification in each
Integrated Deepwater Program asset that fulfills the revised
mission needs statement for the program; and
(4) a total cost of the program that aligns with the
revised mission needs statement for the program.
SEC. 410. HELICOPTERS.
(a) In General.--The Secretary of the department in which the Coast
Guard is operating may in accordance with this section acquire or lease
up to four previously used HH-65 helicopters or airframes (or any
combination thereof) that were not under the administrative control of
the Coast Guard on January 1, 2005.
(b) Determination and Certification.--The Secretary shall not
acquire or lease any previously used HH-65 helicopters or airframes
under subsection (a), until the end of the 90-day period beginning on
the date the Secretary notifies the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate that the Secretary
has--
(1) determined that acquiring or leasing such previously
used helicopters or airframes, and making any modifications to
such helicopters or airframes that are needed to ensure those
helicopters and airframes meet the design, construction, and
equipment standards that apply to H-65 helicopters under the
administrative control of the Coast Guard on May 18, 2005, is
more cost-effective than acquiring or leasing an equal number
of MH-68 helicopters; and
(2) certified that the helicopters and airframes will meet
all applicable Coast Guard safety requirements.
SEC. 411. 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. 412. NEWTOWN CREEK, NEW YORK CITY, NEW YORK.
(a) Study.--Of the amounts provided under section 1012 of the Oil
Pollution Act of 1990, the Coast Guard 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 1 year after the date of enactment of
this Act, the Coast Guard shall transmit to Congress a report
containing the results of the study.
SEC. 413. DETERMINATION OF THE SECRETARY.
Section 70105(c) of title 46, United States Code, is amended--
(1) in paragraph (3) by inserting before the period
``before an administrative law judge''; and
(2) by adding at the end the following:
``(5) In making a determination under paragraph (1)(D), the
Secretary shall not consider a felony conviction that occurred more
than 7 years prior to the date of the Secretary's determination.''.
SEC. 414. REPORT ON TECHNOLOGIES.
Not later than 180 days after the date of the enactment of this
Act, the Commandant of the Coast Guard shall submit a report to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate that includes an assessment of--
(1) 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; and
(2) the costs associated with implementing such technology
at all United States ports.
SEC. 415. MOVEMENT OF ANCHORS.
Section 12105 of title 46, United States Code, is amended by adding
at the end the following:
``(c) Only a vessel for which a certificate of documentation with a
registry endorsement is issued may be employed in the setting or moving
of the anchors or other mooring equipment of a mobile offshore drilling
unit that is located above or on the outer Continental Shelf of the
United States (as that term is defined in section 2(a) of the Outer
Continental Shelf Lands Act (43 U.S.C. 1331(a)).''.
SEC. 416. 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 that title 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. 417. ASSESSMENT AND PLANNING.
There is authorized to be appropriated to the Coast Guard $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. 418. HOMEPORT.
Subject to the availability of appropriations, the Commandant of
the Coast Guard shall homeport the Coast Guard cutter HEALY in
Anchorage, Alaska.
SEC. 419. OPINIONS REGARDING WHETHER CERTAIN FACILITIES CREATE
OBSTRUCTIONS 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 Commandant
of the Coast Guard shall provide an opinion in writing that states
whether the proposed facility would create an obstruction to
navigation.
SEC. 420. TEMPORARY AUTHORIZATION TO EXTEND THE DURATION OF LICENSES,
CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS'
DOCUMENTS.
(a) Licenses and Certificates of Registry.--Notwithstanding
sections 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; or
(2) the individual is a resident of Alabama, Mississippi,
or Louisiana.
(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; or
(2) the individual is a resident of Alabama, Mississippi,
or Louisiana.
(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 December 31, 2006.
SEC. 421. 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 title 46,
United States Code, 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 December 31, 2006.
SEC. 422. TEMPORARY CENTER FOR PROCESSING OF FOR LICENSES, CERTIFICATES
OF REGISTRY, AND MERCHANT MARINERS' DOCUMENTS.
(a) In General.--Not later than October 15, 2005, the Commandant of
the Coast Guard shall establish a temporary facility in Baton Rouge,
Louisiana, that is sufficient to process applications for new licenses,
certificate of registries, and merchant mariners' documents under
chapters 71 or 73 of title 46, United States Code. This requirement
expires on December 31, 2006.
(b) Termination of Requirement.--The Commandant is not required to
maintain such facility after December 31, 2006.
SEC. 423. DETERMINATION OF NAVIGATIONAL IMPACT.
In any case in which a person requests the Secretary of the Army to
take action under the authority of section 10 of the Act of March 3,
1899, popularly known as the Rivers and Harbors Appropriations Act of
1899 (chapter 425; 33 U.S.C. 403), the Commandant of the Coast Guard
shall provide to the Secretary an opinion in writing that states
whether the proposed structure or activity would create an obstruction
to navigation.
SEC. 424. 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 the 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. 425. CITIZENSHIP AND NAVAL RESERVE REQUIREMENTS.
Section 8103(b) of title 46, United States Code, is amended by
adding the following paragraph at the end of that subsection:
``(4) Paragraph (1) of this subsection and section 8701 of this
title do not apply to individuals transported on international voyages
who are not part of the crew complement required under section 8101 or
a member of the Stewards department, and do not perform watchstanding
functions. However, such individuals must possess a transportation
security card issued under section 70105 of this title, when
required.'.'
SEC. 426. ELIGIBILITY TO PARTICIPATE IN WESTERN ALASKA COMMUNITY
DEVELOPMENT QUOTA PROGRAM.
(a) Treatment of Secretary Approval.--
(1) In general.--Approval by the Secretary of Commerce of a
community development plan, or an amendment thereof, shall not
be considered a major Federal action for purposes of section
102(2) of Public Law 91-190 (42 U.S.C. 4332(2)).
(2) Definition.--(A) In this subsection, the term
``community development plan'' means a plan, prepared by a
community development quota group for the western Alaska
community development quota program under section 305(i) of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1855(i)), that describes how the group intends to--
(i) harvest its share of fishery resources
allocated to the program; and
(ii) use the harvest opportunity, and any revenue
derived from such use, to assist communities that are
members of the group with projects to advance economic
development.
(B) In this subsection, no plan that allocates fishery
resources to the western Alaska community development quota
program under section 305(i) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1855(i)) is a
``community development plan''.
SEC. 427. QUOTA SHARE ALLOCATION.
(a) In General.--The Voluntary Three-Pie Cooperative Program for
crab fisheries of the Bering Sea and Aleutian Islands implemented under
section 801 of title VIII of division B of Public Law 108-199 is
amended to require that--
(1) Blue Dutch, LLC, shall receive crab processing quota
shares equal to 1.5 percent of the total allowable catch for
each of the following fisheries: the Bristol Bay red king crab
fishery and the Bering Sea C. opilio crab fishery; and
(2) the Program implementing regulations shall be adjusted
so that the total of all crab processing quota shares for each
fishery referred to in paragraph (1), including the amount
specified in paragraph (1), equals 90 percent of the total
allowable catch.
(b) Applicability.--Subsection (a) shall apply, with respect to
each fishery referred to in subsection (a)(1), whenever 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.
SEC. 428. ACQUISITION OF MARITIME REFUELING SUPPORT VESSEL FOR UNITED
STATES DRUG INTERDICTION EFFORTS IN THE EASTERN PACIFIC
MARITIME TRANSIT ZONE.
There are authorized to be appropriated $25,000,000 for fiscal year
2006 and $25,000,000 for fiscal year 2007 for the Bureau for
International Narcotics and Law Enforcement Affairs (INL) of the
Department of State to purchase or lease a maritime refueling support
vessel that is capable of refueling public vessels (as that term is
defined in section 30101(3) of title 46, United States Code), and
allied warships and vessels employed in support of United States drug
interdiction duties in the Eastern Pacific maritime transit zone.
SEC. 429. VOYAGE DATA RECORDER REQUIREMENTS.
(a) Authority to Prescribe Regulations.--Chapter 35 of title 46,
United States Code, is amended by adding at the end the following:
``Sec. 3507. Voyage data recorders
``(a) The Secretary shall prescribe regulations that require that a
passenger vessel described in section 2101(22)(D) carrying more than
399 passengers shall be equipped with a voyage data recorder approved
in accordance with the regulations.
``(b) Regulations prescribed under subsection (a) shall establish--
``(1) standards for voyage data recorders required under
the regulations;
``(2) methods for approval of models of voyage data
recorders under the regulations; and
``(3) procedures for annual performance testing of voyage
data recorders required under the regulations.
``(c) To implement this section and regulations prescribed under
this section there is authorized to be appropriated to the Secretary
$1,500,000 each fiscal year.''.
(b) Deadline for Regulations.--The Secretary (as that term is used
in chapter 35 of title 46, United States Code) shall initiate the
prescribing of regulations under section 3507(a) of title 46, United
States Code, as amended by this section, by not later than 6 months
after the date of the enactment of this Act.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 35 of title 46, United States Code, is amended by adding at the
end the following:
``3507. Voyage data recorders.''.
TITLE V--LIGHTHOUSES
SEC. 501. TRANSFER.
(a) Jurisdictional Transfers.--Administrative jurisdiction over the
following National Forest System lands in the State of Alaska upon
which are located any of the Coast Guard facilities described in
subsection (b), and over improvements situated on such lands, is hereby
transferred, without requirement for consideration, from the Secretary
of Agriculture to the Secretary of the department in which the Coast
Guard is operating.
(b) Facilities Described.--The facilities described in subsection
(a) are the following:
(1) Guard island light station.--That 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.--That area described in the
December 30, 1975, listing on the National Register of Historic
Places, comprising approximately 2.4 acres.
(3) Mary island light station.--That area described as the
remaining National Forest System uplands within 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.--That area described
in the November 1, 1957, survey prepared for the Coast Guard,
comprising approximately 57.4 acres.
(c) Maps.--
(1) Requirement to prepare.--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.
(2) Corrections and modifications.--In preparing such maps,
the Commandant of the Coast Guard, with the approval of the
Secretary of Agriculture, may make corrections and minor
modifications to the lands described or depicted to facilitate
Federal land management. Such maps, as so corrected or
modified, shall have the same effect as if enacted in this
section.
(d) Effect of Transfer.--The lands transferred to the Secretary of
the department in which the Coast Guard is operating under subsection
(a)--
(1) shall be administered by the Commandant of the Coast
Guard;
(2) shall be deemed 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 to the Secretary of
Agriculture, without consideration, 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 in accordance with
section 308(b)(2) of the National Historic Preservation
Act (16 U.S.C. 470w-7(b)(2)) within 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) within 90 days after 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 any eligible entity, as defined in
section 308(e) of that Act (16 U.S.C. 470w-7(e)) 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 to the
Secretary of Agriculture all administrative jurisdiction over the Tree
Point Light Station, without consideration.
(b) Effectuation of Transfer.--A transfer under this subsection
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. Such 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 any transfer
pursuant to this subsection, the Commandant of the Coast Guard may
reserve rights to operate and maintain Federal aids to navigation at
the site.
(d) Easements and Special Use Authorizations.--Notwithstanding any
other provision of law, including the Wilderness Act (16 U.S.C. 1131),
and section 703 of the Alaska National Interests Lands Conservation Act
(94 Stat. 2418; 16 U.S.C. 1132 note), with respect to the property
transferred under this subsection, the Secretary of Agriculture--
(1) may identify an eligible entity to be granted an
easement or other special use authorization and, in doing so,
the Secretary of Agriculture 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 an eligible 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 deemed
appropriate by the Secretary of Agriculture.
(e) Actions Following Termination or Revocation.--In the event that
no eligible entity is identified within 3 years after administrative
jurisdiction is transferred to the Secretary of Agriculture pursuant to
this subsection, or the easement or other special use authorization
granted pursuant to subsection (d) is terminated or revoked, the
Secretary of Agriculture may take such actions as are authorized by
subsection 110(b) of the National Historic Preservation Act (16 U.S.C.
470h-2(b)).
(f) Revocation of Withdrawals and Reservations.--Effective on the
date of transfer of lands as provided in this subsection, the following
public land withdrawals or reservations for light station and
lighthouse purposes on lands in Alaska are revoked as to the lands
transferred:
(1) The unnumbered Executive order dated January 4, 1901,
as it affects the Tree Point Light Station site only.
(2) Executive Order No. 4410 dated April 1, 1926, as it
affects the Tree Point Light Station site only.
(g) Remediation Responsibilities not Affected.--Nothing in this
section shall affect any responsibilities of the Commandant of the
Coast Guard for the remediation of hazardous substances and petroleum
contamination at the Tree Point Light Station consistent with existing
law and regulations. The Commandant and the Secretary shall execute an
agreement to provide for the remediation of the land and structures at
the Tree Point Light Station.
SEC. 503. CAPE ST. ELIAS LIGHT STATION.
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.
The Secretary of the department in which the Coast Guard is operating
shall keep such map on file and available for public inspection.
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 plat dated January 2,
1902, by Office of L. H. Engineers, 7th and 8th District, Mobile,
Alabama.
(c) Transfer of Administrative Jurisdiction.--Subject to subsection
(f), administrative jurisdiction over the public land described in
subsection (b), 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, without
reimbursement.
(d) Responsibility for Environmental Response Actions.--The Coast
Guard shall have sole responsibility in the Federal Government to fund
and conduct any response action required under any applicable Federal
or State law or implementing regulation to address--
(1) a release or threatened release on public land referred
to in subsection (b) of any hazardous substance, pollutant,
contaminant, petroleum, or petroleum product or derivative that
is located on such land on the date of the enactment of this
Act; or
(2) any other release or threatened release on public land
referred to 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 the 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 under
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, nor 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, at any time, enter 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--RESPONSE
SEC. 601. SHORT TITLE.
This title may be cited as the ``Delaware River Protection Act of
2005''.
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 (chapter 425; 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) shall 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--
(A) by redesignating subparagraph (B) as
subparagraph (C);
(B) by striking subparagraph (A) 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--
``(i) $1,550 per gross ton for an incident
that occurs in 2005;
``(ii) $1,900 per gross ton for an incident
that occurs in 2006; or
``(iii) $2,250 per gross ton for an
incident that occurs in 2007 or in any year
thereafter; or
``(B) with respect to a double-hull vessel (other
than any vessel referred to in subparagraph (A))--
``(i) $1,350 per gross ton for an incident
that occurs in 2005;
``(ii) $1,500 per gross ton for an incident
that occurs in 2006; and
``(iii) $1,700 per gross ton for any
incident that occurs in 2007 or in any year
thereafter; or''; and
(C) in subparagraph (C), as redesignated by
subparagraph (A) of this paragraph--
(i) in clause (i) by striking
``$10,000,000'' and inserting ``$14,000,000'';
and
(ii) in clause (ii) by striking
``$2,000,000'' and inserting ``$2,500,000''.
(2) Limitation on application.--In the case of an incident
occurring before the date of the 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 shall, by regulations issued no later than 3 years
after the date of the enactment of the Delaware River
Protection Act of 2005 and no less than every 3 years
thereafter, adjust the limits on liability specified in
subsection (a) to reflect significant increases in the Consumer
Price Index.''.
SEC. 604. REQUIREMENT TO UPDATE PHILADELPHIA AREA CONTINGENCY PLAN.
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, by not later than 12 months after the date of the enactment of
this Act and not less than annually thereafter, 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 Undersecretary 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. Such
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.--The Secretary of Commerce shall, no later
than 3 years after the date of the enactment of the Delaware
River Protection Act of 2005, submit 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 report on the activities carried out
under this subsection and activities proposed to be carried out
under this subsection.
``(3) Funding.--There is authorized to be appropriated to
the Secretary of Commerce $1,000,000 for each of fiscal years
2006 through 2010 to carry out this subsection.
``(b) Demonstration Project.--
``(1) Removal of submerged oil.--The Commandant of the
Coast Guard, in conjunction with the Undersecretary 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. 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) Functions.--
(1) In general.--The Committee shall, by not later than 1
year after the date the Commandant of the Coast Guard (in this
section referred to as the ``Commandant'') completes
appointment of the members of the Committee, make
recommendations to the Commandant, the Committee on
Transportation and Infrastructure of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate on methods to improve the
prevention of and response to future oil spills in the Delaware
River and Delaware Bay.
(2) Meetings.--The Committee--
(A) shall hold its first meeting not later than 60
days after the completion of the appointment of the
members of the Committee; and
(B) shall meet thereafter at the call of the
Chairman.
(c) Membership.--The Committee shall consist of 15 members 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:
(1) Three members who are employed by port authorities that
oversee operations on the Delaware River or have been selected
to represent these entities, of whom--
(A) one member must be an employee or
representative of the Port of Wilmington;
(B) one member must be an employee or
representative of the South Jersey Port Corporation;
and
(C) one member must be an employee or
representative of the Philadelphia Regional Port
Authority.
(2) Two members who represent organizations that operate
tugs or barges that utilize the port facilities on the Delaware
River and Delaware Bay.
(3) Two members who represent shipping companies that
transport cargo by vessel from ports on the Delaware River and
Delaware Bay.
(4) Two members who represent operators of oil refineries
on the Delaware River and Delaware Bay.
(5) Two members who represent environmental and
conservation interests.
(6) Two members who represent State-licensed pilots who
work on the Delaware River and Delaware Bay.
(7) One member who represents labor organizations that load
and unload cargo at ports on the Delaware River and Delaware
Bay.
(8) One member who represents the general public.
(d) Appointment of Members.--The Commandant shall appoint the
members of the Committee, after soliciting nominations by notice
published in the Federal Register.
(e) 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.
(f) 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.
(g) Termination.--The Committee shall terminate one year after the
completion of the appointment of the members of the Committee.
SEC. 607. MARITIME FIRE AND SAFETY ACTIVITIES.
The Maritime Transportation Security Act of 2002 (Public Law 107-
295) is amended--
(1) in section 407--
(A) in the heading by striking ``lower columbia
river''; and
(B) by striking ``$987,400'' and inserting
``$1,500,000''; and
(2) in the table of contents in section 1(b) by striking
the item relating to section 407 and inserting the following:
``Sec. 407. Maritime fire and safety activities.''.
Passed the House of Representatives September 15, 2005.
Attest:
Clerk.