[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 889 Enrolled Bill (ENR)]


        H.R.889

                       One Hundred Ninth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the third day of January, two thousand and six


                                 An Act


 
To authorize appropriations for the Coast Guard for fiscal year 2006, to 
  make technical corrections to various laws administered by the Coast 
                     Guard, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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. Navigational safety of certain facilities.
Sec. 415. Port Richmond.
Sec. 416. Western Alaska community development quota program.
Sec. 417. Quota share allocation.
Sec. 418. Maine fish tender vessels.
Sec. 419. Automatic identification system.
Sec. 420. Voyage data recorder study and report.
Sec. 421. Distant water tuna fleet.

                          TITLE V--LIGHTHOUSES

Sec. 501. Transfer.
Sec. 502. Misty Fiords National Monument and Wilderness.
Sec. 503. Miscellaneous Light Stations.
Sec. 504. Inclusion of lighthouse in St. Marks National Wildlife Refuge, 
          Florida.

  TITLE VI--DELAWARE RIVER PROTECTION AND MISCELLANEOUS OIL PROVISIONS

Sec. 601. Short title.
Sec. 602. Requirement to notify Coast Guard of release of objects into 
          the navigable waters of the United States.
Sec. 603. Limits on liability.
Sec. 604. Requirement to update Philadelphia Area Contingency Plan.
Sec. 605. Submerged oil removal.
Sec. 606. Assessment of oil spill costs.
Sec. 607. Delaware River and Bay Oil Spill Advisory Committee.
Sec. 608. Nontank vessels.

                      TITLE VII--HURRICANE RESPONSE

Sec. 701. Homeowners assistance for Coast Guard personnel affected by 
          Hurricanes Katrina or Rita.
Sec. 702. Temporary authorization to extend the duration of licenses, 
          certificates of registry, and merchant mariners' documents.
Sec. 703. Temporary authorization to extend the duration of vessel 
          certificates of inspection.
Sec. 704. Preservation of leave lost due to Hurricane Katrina 
          operations.
Sec. 705. Reports on impact to Coast Guard.
Sec. 706. Reports on impacts on navigable waterways.

              TITLE VIII--OCEAN COMMISSION RECOMMENDATIONS

Sec. 801. Implementation of international agreements.
Sec. 802. Voluntary measures for reducing pollution from recreational 
          boats.
Sec. 803. Integration of vessel monitoring system data.
Sec. 804. Foreign fishing incursions.

                     TITLE IX--TECHNICAL CORRECTIONS

Sec. 901. Miscellaneous technical corrections.
Sec. 902. Correction of references to Secretary of Transportation and 
          Department of Transportation; related matters.

                         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 Governments.--''; and
        (3) by adding at the end the following new subsection:
    ``(b) Technical Assistance to Foreign Maritime Authorities.--The 
Commandant, in coordination with the Secretary of State, may provide, 
in conjunction with regular Coast Guard operations, technical 
assistance (including law enforcement and maritime safety and security 
training) to foreign navies, coast guards, and other maritime 
authorities.''.
    (b) Clerical Amendment.--The item relating to such section in the 
analysis at the beginning of chapter 7 of such title is amended to read 
as follows:

``149. Assistance to foreign governments and maritime authorities''.

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

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 to the Secretary at the time the initial waiver 
        request was denied.''.

SEC. 310. SETTING, RELOCATING, AND RECOVERING ANCHORS.

    Section 12105 of title 46, United States Code, is amended by adding 
at the end the following:
    ``(c)(1) Only a vessel for which a certificate of documentation 
with a registry endorsement is issued may engage in--
        ``(A) the setting, relocation, or recovery of the anchors or 
    other mooring equipment of a mobile offshore drilling unit that is 
    located over the outer Continental Shelf (as defined 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 subsection are entitled to receive their retired or 
        retainer pay and an additional amount of not more than the 
        difference between--
                (i) the amount the individual would be paid as pay and 
            allowance if the individual was considered to have been 
            ordered to active duty during the period of employment; and
                (ii) the amount of retired pay the individual is 
            entitled to receive during that period.
            (B) Payment to school.--The Secretary shall pay to Camden 
        County High School an amount equal to one half of the amount 
        described in subparagraph (A), from funds appropriated for such 
        purpose.
            (C) Not duty or duty training.--Notwithstanding any other 
        law, while employed under this subsection, an individual is not 
        considered to be on active-duty or inactive-duty training.

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. NAVIGATIONAL SAFETY OF CERTAIN FACILITIES.

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

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, Port Heiden, 
            Portage Creek, South Naknek, Togiak, Twin Hills, and 
            Ugashik through the Bristol Bay Economic Development 
            Corporation.
                ``(iii) The village of Saint Paul through the Central 
            Bering Sea Fishermen's Association.
                ``(iv) The villages of Chefornak, Chevak, Eek, Goodnews 
            Bay, Hooper Bay, Kipnuk, Kongiganak, Kwigillingok, 
            Mekoryuk, Napakiak, Napaskiak, Newtok, Nightmute, 
            Oscarville, Platinum, Quinhagak, Scammon Bay, Toksook Bay, 
            Tuntutuliak, and Tununak through the Coastal Villages 
            Region Fund.
                ``(v) The villages of Brevig Mission, Diomede, Elim, 
            Gambell, Golovin, Koyuk, Nome, Saint Michael, Savoonga, 
            Shaktoolik, Stebbins, Teller, Unalakleet, Wales, and White 
            Mountain through the Norton Sound Economic Development 
            Corporation.
                ``(vi) The villages of Alakanuk, Emmonak, Grayling, 
            Kotlik, Mountain Village, and Nunam Iqua through the Yukon 
            Delta Fisheries Development Association.
            ``(E) Eligibility requirements for participating 
        entities.--To be eligible to participate in the program, an 
        entity referred to in subparagraph (D) shall meet the following 
        requirements:
                ``(i) Board of directors.--The entity shall be governed 
            by a board of directors. At least 75 percent of the members 
            of the board shall be resident fishermen from the entity's 
            member villages. The board shall include at least one 
            director selected by each such member village.
                ``(ii) Panel representative.--The entity shall elect a 
            representative to serve on the panel established by 
            subparagraph (G).
                ``(iii) Other investments.--The entity may make up to 
            20 percent of its annual investments in any combination of 
            the following:

                    ``(I) For projects that are not fishery-related and 
                that are located in its region.
                    ``(II) On a pooled or joint investment basis with 
                one or more other entities participating in the program 
                for projects that are not fishery-related and that are 
                located in one or more of their regions.
                    ``(III) For matching Federal or State grants for 
                projects or programs in its member villages without 
                regard to any limitation on the Federal or State share, 
                or restriction on the source of any non-Federal or non-
                State matching funds, of any grant program under any 
                other provision of law.

                ``(iv) Fishery-related investments.--The entity shall 
            make the remainder percent of its annual investments in 
            fisheries-related projects or for other purposes consistent 
            with the practices of the entity prior to March 1, 2006.
                ``(v) Annual statement of compliance.--Each year the 
            entity, following approval by its board of directors and 
            signed by its chief executive officer, shall submit a 
            written statement to the Secretary and the State of Alaska 
            that summarizes the purposes for which it made investments 
            under clauses (iii) and (iv) during the preceding year.
                ``(vi) Other panel requirements.--The entity shall 
            comply with any other requirements established by the panel 
            under subparagraph (G).
            ``(F) Entity status, limitations, and regulation.--The 
        entity--
                ``(i) shall be subject to any excessive share 
            ownership, harvesting, or processing limitations in the 
            fisheries of the Bering Sea and Aleutian Islands Management 
            Area only to the extent of the entity's proportional 
            ownership, excluding any program allocations, and 
            notwithstanding any other provision of law;
                ``(ii) shall comply with State of Alaska law requiring 
            annual reports to the entity's member villages summarizing 
            financial operations for the previous calendar year, 
            including general and administrative costs and compensation 
            levels of the top 5 highest paid personnel;
                ``(iii) shall comply with State of Alaska laws to 
            prevent fraud that are administered by the Alaska Division 
            of Banking and Securities, except that the entity and the 
            State shall keep confidential from public disclosure any 
            information if the disclosure would be harmful to the 
            entity or its investments; and
                ``(iv) is exempt from compliance with any State law 
            requiring approval of financial transactions, community 
            development plans, or amendments thereto, except as 
            required by subparagraph (H).
            ``(G) Administrative panel.--
                ``(i) Establishment.--There is established a community 
            development quota program panel.
                ``(ii) Membership.--The panel shall consist of 6 
            members. Each entity participating in the program shall 
            select one member of the panel.
                ``(iii) Functions.--The panel shall--

                    ``(I) administer those aspects of the program not 
                otherwise addressed in this paragraph, either through 
                private contractual arrangement or through 
                recommendations to the North Pacific Council, the 
                Secretary, or the State of Alaska, as the case may be; 
                and
                    ``(II) coordinate and facilitate activities of the 
                entities under the program.

                ``(iv) Unanimity required.--The panel may act only by 
            unanimous vote of all 6 members of the panel and may not 
            act if there is a vacancy in the membership of the panel.
            ``(H) Decennial review and adjustment of entity 
        allocations.--
                ``(i) In general.--During calendar year 2012 and every 
            10 years thereafter, the State of Alaska shall evaluate the 
            performance of each entity participating in the program 
            based on the criteria described in clause (ii).
                ``(ii) Criteria.--The panel shall establish a system to 
            be applied under this subparagraph that allows each entity 
            participating in the program to assign relative values to 
            the following criteria to reflect the particular needs of 
            its villages:

                    ``(I) Changes during the preceding 10-year period 
                in population, poverty level, and economic development 
                in the entity's member villages.
                    ``(II) The overall financial performance of the 
                entity, including fishery and nonfishery investments by 
                the entity.
                    ``(III) Employment, scholarships, and training 
                supported by the entity.
                    ``(IV) Achieving of the goals of the entity's 
                community development plan.

                ``(iii) Adjustment of allocations.--After the 
            evaluation required by clause (i), the State of Alaska 
            shall make a determination, on the record and after an 
            opportunity for a hearing, with respect to the performance 
            of each entity participating in the program for the 
            criteria described in clause (ii). If the State determines 
            that the entity has maintained or improved its overall 
            performance with respect to the criteria, the allocation to 
            such entity under the program shall be extended by the 
            State for the next 10-year period. If the State determines 
            that the entity has not maintained or improved its overall 
            performance with respect to the criteria--

                    ``(I) at least 90 percent of the entity's 
                allocation for each species under subparagraph (C) 
                shall be extended by the State for the next 10-year 
                period; and
                    ``(II) the State may determine, or the Secretary 
                may determine (if State law prevents the State from 
                making the determination), and implement an appropriate 
                reduction of up to 10 percent of the entity's 
                allocation for each species under subparagraph (C) for 
                all or part of such 10-year period.

                ``(iv) Reallocation of reduced amount.--If the State or 
            the Secretary reduces an entity's allocation under clause 
            (iii), the reduction shall be reallocated among other 
            entities participating in the program whose allocations are 
            not reduced during the same period in proportion to each 
            such entity's allocation of the applicable species under 
            subparagraph (C).
            ``(I) Secretarial approval not required.--Notwithstanding 
        any other provision of law or regulation thereunder, the 
        approval by the Secretary of a community development plan, or 
        an amendment thereof, under the program is not required.
            ``(J) Community development plan defined.--In this 
        paragraph, the term `community development plan' means a plan, 
        prepared by an entity referred to in subparagraph (D), for the 
        program that describes how the entity intends--
                ``(i) to harvest its share of fishery resources 
            allocated to the program, or
                ``(ii) to use its share of fishery resources allocated 
            to the program, and any revenue derived from such use, to 
            assist its member villages with projects to advance 
            economic development,
        but does not include a plan that allocates fishery resources to 
        the program.''.
    (b) No Interruption of Existing Allocations.--The amendment made by 
subsection (a) shall not be construed or implemented in a way that 
causes any interruption in the allocations of fishery resources to the 
western Alaska community development quota program or in the 
opportunity of an entity participating in that program to harvest its 
share of such allocations.
    (c) Loan Subsidies.--The last proviso under the heading ``National 
Oceanic and Atmospheric Administration--operations, research, and 
facilities'' in the Science, State, Justice, Commerce, and Related 
Agencies Appropriations Act, 2006 (Public Law 109-108; 119 Stat. 2311-
2312) is amended--
        (1) by striking ``for the cost of loans'' and inserting ``to 
    subsidize gross obligations for the principal amount of direct 
    loans, not to exceed a total of $200,000,000,''; and
        (2) by striking ``use'' and inserting ``the purchase of all or 
    part of ownership interests in fishing or processing vessels, 
    shoreside fish processing facilities, permits, quota, and 
    cooperative rights''.

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 the remediation 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 is located on such land on the date of enactment of 
    this Act; or
        (2) any other release or threatened release on or originating 
    from public land described in subsection (b) of any hazardous 
    substance, pollutant, contaminant, petroleum, or petroleum product 
    or derivative, that results from any Coast Guard activity occurring 
    after the date of enactment of this Act.
    (e) Inclusion in Refuge.--
        (1) Inclusion.--The public land described in subsection (b) 
    shall be part of St. Marks National Wildlife Refuge.
        (2) Administration.--Subject to this subsection, the Secretary 
    of the Interior shall administer the public land described in 
    subsection (b)--
            (A) through the Director of the United States Fish and 
        Wildlife Service; and
            (B) in accordance with the National Wildlife Refuge System 
        Administration Act of 1966 (16 U.S.C. 668dd et seq.) and such 
        other laws as apply to Federal real property under the sole 
        jurisdiction of the United States Fish and Wildlife Service.
    (f) Maintenance of Navigation Functions.--The transfer by 
subsection (c), and the administration of the public land described in 
subsection (b), shall be subject to such conditions and restrictions as 
the Secretary of the department in which the Coast Guard is operating 
considers necessary to ensure that--
        (1) the Federal aids to navigation located at St. Marks 
    National Wildlife Refuge continue to be operated and maintained by 
    the Coast Guard for as long as they are needed for navigational 
    purposes;
        (2) the Coast Guard may remove, replace, or install any Federal 
    aid to navigation at the St. Marks National Wildlife Refuge as may 
    be necessary for navigational purposes;
        (3) the United States Fish and Wildlife Service will not 
    interfere or allow interference in any manner with any Federal aid 
    to navigation, and will not hinder activities required for the 
    operation and maintenance of any Federal aid to navigation, without 
    express written approval by the Secretary of the department in 
    which the Coast Guard is operating; and
        (4) the Coast Guard may enter, at any time, the St. Marks 
    National Wildlife Refuge, without notice, for purposes of 
    operating, maintaining, and inspecting any Federal aid to 
    navigation and ensuring compliance with this subsection, to the 
    extent that it is not possible to provide advance notice.

  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.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.