[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 889 Referred in Senate (RFS)]


109th CONGRESS
  1st Session
                                H. R. 889


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 19, 2005

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 AN ACT


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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coast Guard and Maritime 
Transportation Act of 2005''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
                         TITLE I--AUTHORIZATION

Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Authorization of funding related to Hurricane Katrina.
                         TITLE II--COAST GUARD

Sec. 201. Extension of Coast Guard vessel anchorage and movement 
                            authority.
Sec. 202. International training and technical assistance.
Sec. 203. Officer promotion.
Sec. 204. Coast Guard band director.
Sec. 205. Authority for one-step turnkey design-build contracting.
Sec. 206. Reserve recall authority.
Sec. 207. Reserve officer distribution.
Sec. 208. Expansion of use of auxiliary equipment to support coast 
                            guard missions.
Sec. 209. Coast Guard history fellowships.
Sec. 210. Icebreaker operation and maintenance plan.
Sec. 211. Operation as a service in the Navy.
Sec. 212. Commendation, recognition, and thanks for Coast Guard 
                            personnel.
Sec. 213. Homeowners assistance for Coast Guard personnel affected by 
                            Hurricane Katrina.
Sec. 214. Report on personnel, assets, and expenses.
Sec. 215. Limitation on moving assets to St. Elizabeths hospital.
                   TITLE III--SHIPPING AND NAVIGATION

Sec. 301. Treatment of ferries as passenger vessels.
Sec. 302. Great Lakes pilotage annual ratemaking.
Sec. 303. Certification of vessel nationality in drug smuggling cases.
Sec. 304. LNG Tankers.
                        TITLE IV--MISCELLANEOUS

Sec. 401. Technical corrections.
Sec. 402. Authorization of junior reserve officers training program 
                            pilot program.
Sec. 403. Transfer.
Sec. 404. Long-range vessel tracking system.
Sec. 405. Reports.
Sec. 406. Training of cadets at United States Merchant Marine Academy.
Sec. 407. Marine casualty investigations study.
Sec. 408. Conveyance of decommissioned Coast Guard Cutter MACKINAW.
Sec. 409. Deepwater implementation report.
Sec. 410. Helicopters.
Sec. 411. Reports from mortgagees of vessels.
Sec. 412. Newtown Creek, New York City, New York.
Sec. 413. Determination of the Secretary.
Sec. 414. Report on technologies.
Sec. 415. Movement of anchors.
Sec. 416. International tonnage measurement of vessels engaged in the 
                            Aleutian trade.
Sec. 417. Assessment and planning.
Sec. 418. Homeport.
Sec. 419. Opinions regarding whether certain facilities create 
                            obstructions to navigation.
Sec. 420. Temporary authorization to extend the duration of licenses, 
                            certificates of registry, and merchant 
                            mariners' documents.
Sec. 421. Temporary authorization to extend the duration of vessel 
                            certificates of inspection.
Sec. 422. Temporary center for processing of for licenses, certificates 
                            of registry, and merchant mariners' 
                            documents.
Sec. 423. Determination of navigational impact.
Sec. 424. Port Richmond.
Sec. 425. Citizenship and naval reserve requirements.
Sec. 426. Eligibility to participate in western Alaska community 
                            development quota program.
Sec. 427. Quota share allocation.
Sec. 428. Acquisition of maritime refueling support vessel for United 
                            States drug interdiction efforts in the 
                            Eastern Pacific Maritime Transit Zone.
Sec. 429. Voyage data recorder requirements.
                          TITLE V--LIGHTHOUSES

Sec. 501. Transfer.
Sec. 502. Misty Fiords National Monument and Wilderness.
Sec. 503. Cape St. Elias light station.
Sec. 504. Inclusion of lighthouse in St. Marks National Wildlife 
                            Refuge, Florida.
                           TITLE VI--RESPONSE

Sec. 601. Short title.
Sec. 602. Requirement to notify Coast Guard of release of objects into 
                            the navigable waters of the United States.
Sec. 603. Limits on liability.
Sec. 604. Requirement to update Philadelphia area contingency plan.
Sec. 605. Submerged oil removal.
Sec. 606. Delaware River and Bay Oil Spill Advisory Committee.
Sec. 607. Maritime fire and safety activities.

                         TITLE I--AUTHORIZATION

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are authorized to be appropriated for fiscal year 2006 for 
necessary expenses of the Coast Guard as follows:
            (1) For the operation and maintenance of the Coast Guard, 
        $5,586,400,000, of which $24,500,000 is authorized to be 
        derived from the Oil Spill Liability Trust Fund to carry out 
        the purposes of section 1012(a)(5) of the Oil Pollution Act of 
        1990.
            (2) For the acquisition, construction, rebuilding, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto, $1,903,821,000, of which--
                    (A) $20,000,000 shall be derived from the Oil Spill 
                Liability Trust Fund to carry out the purposes of 
                section 1012(a)(5) of the Oil Pollution Act of 1990), 
                to remain available until expended;
                    (B) $1,316,300,000 is authorized for acquisition 
                and construction of shore and offshore facilities, 
                vessels, and aircraft, including equipment related 
                thereto, and other activities that constitute the 
                Integrated Deepwater Systems; and
                    (C) $284,369,000 is authorized for sustainment of 
                legacy vessels and aircraft, including equipment 
                related thereto, and other activities that constitute 
                the Integrated Deepwater Systems.
            (3) To the Commandant of the Coast Guard for research, 
        development, test, and evaluation of technologies, materials, 
        and human factors directly relating to improving the 
        performance of the Coast Guard's mission in search and rescue, 
        aids to navigation, marine safety, marine environmental 
        protection, enforcement of laws and treaties, ice operations, 
        oceanographic research, and defense readiness, $24,000,000, to 
        remain available until expended, of which $3,500,000 shall be 
        derived from the Oil Spill Liability Trust Fund to carry out 
        the purposes of section 1012(a)(5) of the Oil Pollution Act of 
        1990.
            (4) For retired pay (including the payment of obligations 
        otherwise chargeable to lapsed appropriations for this 
        purpose), payments under the Retired Serviceman's Family 
        Protection and Survivor Benefit Plans, and payments for medical 
        care of retired personnel and their dependents under chapter 55 
        of title 10, United States Code, $1,014,080,000, to remain 
        available until expended.
            (5) For alteration or removal of bridges over navigable 
        waters of the United States constituting obstructions to 
        navigation, and for personnel and administrative costs 
        associated with the Bridge Alteration Program, $35,900,000.
            (6) For environmental compliance and restoration at Coast 
        Guard facilities (other than parts and equipment associated 
        with operation and maintenance), $12,000,000, to remain 
        available until expended.
            (7) For the Coast Guard Reserve program, including 
        personnel and training costs, equipment, and services, 
        $119,000,000.

SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.

    (a) Active Duty Strength.--The Coast Guard is authorized an end-of-
year strength for active duty personnel of 45,500 for the years ending 
on September 30, 2005, and September 30, 2006.
    (b) Military Training Student Loads.--The Coast Guard is authorized 
average military training student loads as follows:
            (1) For recruit and special training for fiscal year 2006, 
        2,500 student years.
            (2) For flight training for fiscal year 2006, 125 student 
        years.
            (3) For professional training in military and civilian 
        institutions for fiscal year 2006, 350 student years.
            (4) For officer acquisition for fiscal year 2006, 1,200 
        student years.

SEC. 103. AUTHORIZATION OF FUNDING RELATED TO HURRICANE KATRINA.

    There is authorized to be appropriated for fiscal year 2005 for the 
operation and maintenance of the Coast Guard, in addition to the 
amounts authorized for that fiscal year by section 101(1) of the Coast 
Guard and Maritime Transportation Act of 2004 (118 Stat. 1030), 
$60,000,000 for emergency hurricane expenses, emergency repairs, and 
deployment of personnel, to support costs of evacuation, and for other 
costs resulting from immediate relief efforts related to Hurricane 
Katrina.

                         TITLE II--COAST GUARD

SEC. 201. EXTENSION OF COAST GUARD VESSEL ANCHORAGE AND MOVEMENT 
              AUTHORITY.

     Section 91 of title 14, United States Code, is amended by adding 
at the end the following new subsection:
    ``(d) As used in this section `navigable waters of the United 
States' includes all waters of the territorial sea of the United States 
as described in Presidential Proclamation No. 5928 of December 27, 
1988.''.

SEC. 202. INTERNATIONAL TRAINING AND TECHNICAL ASSISTANCE.

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

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

SEC. 203. OFFICER PROMOTION.

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

SEC. 204. COAST GUARD BAND DIRECTOR.

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

SEC. 205. AUTHORITY FOR ONE-STEP TURNKEY DESIGN-BUILD CONTRACTING.

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

``677. Turnkey selection procedures.''.

SEC. 206. RESERVE RECALL AUTHORITY.

     Section 712(a) of title 14, United States Code, is amended--
            (1) by inserting ``, or to aid in prevention of an 
        imminent,'' after ``during'';
            (2) by striking ``or'' before ``catastrophe'';
            (3) by inserting ``, act of terrorism as defined in section 
        2(15) of the Homeland Security Act of 2002 (6 U.S.C. 101(15)), 
        or transportation security incident as defined in section 70101 
        of title 46'' after ``catastrophe'';
            (4) by striking ``thirty days in any four-month period'' 
        and inserting ``60 days in any 4-month period''; and
            (5) by striking ``sixty days in any two-year period'' and 
        inserting ``120 days in any 2-year period''.

SEC. 207. RESERVE OFFICER DISTRIBUTION.

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

SEC. 208. EXPANSION OF USE OF AUXILIARY EQUIPMENT TO SUPPORT COAST 
              GUARD MISSIONS.

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

SEC. 209. COAST GUARD HISTORY FELLOWSHIPS.

    (a) Fellowships Authorized.--Chapter 9 of title 14, United States 
Code, is amended by adding at the end the following:
``Sec. 197. Coast Guard history fellowships
    ``(a) Fellowships.--The Commandant of the Coast Guard shall 
prescribe regulations under which the Commandant may award fellowships 
in Coast Guard history to individuals who are eligible under subsection 
(b).
    ``(b) Eligible Individuals.--An individual shall be eligible under 
this subsection if the individual is a citizen or national of the 
United States and--
            ``(1) is a graduate student in United States history;
            ``(2) has completed all requirements for a doctoral degree 
        other than preparation of a dissertation; and
            ``(3) agrees to prepare a dissertation in a subject area of 
        Coast Guard history determined by the Commandant.
    ``(c) Regulations.--The regulations prescribed under this section 
shall include--
            ``(1) the criteria for award of fellowships;
            ``(2) the procedures for selecting recipients of 
        fellowships;
            ``(3) the basis for determining the amount of a fellowship; 
        and
            ``(4) subject to the availability of appropriations, the 
        total amount that may be awarded as fellowships during an 
        academic year.''.
    (b) Clerical Amendment.--The analysis at the beginning of such 
chapter is amended by adding at the end the following:

``197. Coast Guard history fellowships.''.

SEC. 210. ICEBREAKER OPERATION AND MAINTENANCE PLAN.

    The Secretary of the department in which the Coast Guard is 
operating shall--
            (1) by not later than 90 days after the date of the 
        enactment of this Act, submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a plan for operation and 
        maintenance of Coast Guard icebreakers in the waters of 
        Antarctica after fiscal year 2006 that does not rely on the 
        transfer of funds to the Coast Guard by any other Federal 
        agency; and
            (2) subject to the availability of appropriations, 
        implement the plan in fiscal years after fiscal year 2006.

SEC. 211. OPERATION AS A SERVICE IN THE NAVY.

     Section 3 of title 14, United States Code, is amended by striking 
``Upon the declaration of war or when'' and inserting ``When''.

SEC. 212. COMMENDATION, RECOGNITION, AND THANKS FOR COAST GUARD 
              PERSONNEL.

    (a) Findings.--The Congress finds the following:
            (1) On August 29, 2005, Hurricane Katrina struck the Gulf 
        of Mexico coastal region of Louisiana, Mississippi, and 
        Alabama, causing the worst natural disaster in United States 
        history.
            (2) The response to such hurricane by members and employees 
        of the Coast Guard has been immediate, invaluable, and 
        courageous.
            (3) Members and employees of the Coast Guard--
                    (A) have shown great leadership in helping to 
                coordinate relief efforts with respect to Hurricane 
                Katrina;
                    (B) have used their expertise and specialized 
                skills to provide immediate assistance to victims and 
                survivors of the hurricane; and
                    (C) have set up remote assistance operations in the 
                affected areas in order to best provide service to Gulf 
                of Mexico coastal region.
            (4) Members of the Coast Guard have volunteered their 
        unique resources to assess the situation and deliver aid when 
        and where other relief efforts could not.
            (5) Members of the Coast Guard have demonstrated their 
        resolve and character by providing aid to Hurricane Katrina 
        victims and survivors.
            (6) Members and employees of the Coast Guard have worked 
        together to bring clean water, food, and resources to victims 
        and survivors in need.
    (b) Commendation, Recognition, and Thanks.--The Congress--
            (1) commends the outstanding efforts in response to 
        Hurricane Katrina by members and employees of the Coast Guard;
            (2) recognizes that the actions of these individuals went 
        above and beyond the call of duty; and
            (3) thanks them for their continued dedication and service.

SEC. 213. HOMEOWNERS ASSISTANCE FOR COAST GUARD PERSONNEL AFFECTED BY 
              HURRICANE KATRINA.

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

SEC. 214. REPORT ON PERSONNEL, ASSETS, AND EXPENSES.

     Not later than September 15, 2005, and at least once every month 
thereafter through January 2006, the Commandant of the Coast Guard 
shall report to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate regarding the personnel and assets 
deployed to assist in the response to Hurricane Katrina and the costs 
incurred as a result of such response that are in addition to funds 
already appropriated for the Coast Guard for fiscal year 2005.

SEC. 215. LIMITATION ON MOVING ASSETS TO ST. ELIZABETHS HOSPITAL.

     The Commandant of the Coast Guard may not move any Coast Guard 
personnel, property, or other assets to the West Campus of St. 
Elizabeths Hospital until the Administrator of General Services submits 
to the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation and the Committee on Environment and Public Works of the 
Senate plans--
            (1) to provide road access to the site from Interstate 
        Route 295; and
            (2) for the design of facilities for at least one Federal 
        agency other than the Coast Guard that would house no less than 
        2,000 employees at such location.

                   TITLE III--SHIPPING AND NAVIGATION

SEC. 301. TREATMENT OF FERRIES AS PASSENGER VESSELS.

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

SEC. 302. GREAT LAKES PILOTAGE ANNUAL RATEMAKING.

     Section 9303 of title 46, United States Code, is amended--
            (1) in subsection (f) by striking ``The'' and inserting 
        ``Before March 1 of each year, the''; and
            (2) by adding at the end the following:
    ``(g) The Secretary shall ensure that the number of full-time 
equivalent employees assigned to carry out this section is not less 
than 4.''.

SEC. 303. CERTIFICATION OF VESSEL NATIONALITY IN DRUG SMUGGLING CASES.

     Section 3(c)(2) of the Maritime Drug Law Enforcement Act (46 
U.S.C. App. 1903(c)(2)) is amended in the matter following subparagraph 
(C) by striking ``denial of such claim of registry'' and inserting 
``response''.

SEC. 304. LNG TANKERS.

    (a) Program.--The Secretary of Transportation shall develop and 
implement a program to promote the transportation of liquefied natural 
gas to the United States on United States-flag vessels.
    (b) Amendment to Deepwater Port Act.--Section 4 of the Deepwater 
Port Act of 1974 (33 U.S.C. 1503) is amended by adding at the end the 
following:
    ``(i) To promote the security of the United States, the Secretary 
shall give top priority to the processing of a license under this Act 
for liquefied natural gas facilities that will be supplied with 
liquefied natural gas by United States flag-vessels.''.
    (c) Report.--Within 6 months after the date of the enactment of 
this Act, the Secretary shall submit a report to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate on 
the implementation of this section.

                        TITLE IV--MISCELLANEOUS

SEC. 401. TECHNICAL CORRECTIONS.

    (a) Requirements for Cooperative Agreements for Voluntary 
Services.--Section 93(a)(19) of title 14, United States Code, as 
amended by section 201 of the Coast Guard and Maritime Transportation 
Act of 2004 (Public Law 108-293; 118 Stat. 1031), is amended by 
redesignating subparagraphs (1) and (2) in order as subparagraphs (A) 
and (B).
    (b) Correction of Amendment to Chapter Analysis.--Section 212(b) of 
the Coast Guard and Maritime Transportation Act of 2004 (Public Law 
108-293; 118 Stat. 1037) is amended by inserting ``of title 14'' after 
``chapter 17''.
    (c) Recommendations to Congress by Commandant of the Coast Guard.--
Section 93(a) of title 14, United States Code, as amended by sections 
201 and 217 of the Coast Guard and Maritime Transportation Act of 2004 
(Public Law 108-293; 118 Stat. 1031, 1038), is amended by redesignating 
paragraph (y) as paragraph (24).
    (d) Correction of Reference to Ports and Waterways Safety Act.--
Section 302 of the Coast Guard and Maritime Transportation Act of 2004 
(Public Law 108-293; 118 Stat. 1041) is amended by striking ``of 
1972''.
    (e) Technical Correction of Penalty.--Section 4311(b) of title 46, 
United States Code, as amended by section 406 of the Coast Guard and 
Maritime Transportation Act of 2004 (Public Law 108-293; 118 Stat. 
1043), is amended by striking ``4307(a)of'' and inserting ``4307(a) 
of''.
    (f) Determining Adequacy of Potable Water.--Section 3305(a) of 
title 46, United States Code, as amended by section 416(b)(3) of the 
Coast Guard and Maritime Transportation Act of 2004 (Public Law 108-
293; 118 Stat. 1047), is amended by moving paragraph (2) two ems to the 
left, so that the material preceding subparagraph (A) of such paragraph 
aligns with the left-hand margin of paragraph (1) of such section.
    (g) Renewal of Advisory Group.--Section 418(a) of the Coast Guard 
and Maritime Transportation Act of 2004 (Public Law 108-293; 118 Stat. 
1049) is amended by striking ``of September 30, 2005'' and inserting 
``on September 30, 2005''.
    (h) Technical Corrections Relating to References to National Driver 
Register.--
            (1) Amendment instruction.--Section 609(1) of the Coast 
        Guard and Maritime Transportation Act of 2004 (Public Law 108-
        293; 118 Stat. 1058) is amended in the matter preceding 
        subparagraph (A) by striking ``7302'' and inserting 
        ``7302(c)''.
            (2) Omitted word.--Section 7302(c) of title 46, United 
        States Code, as amended by section 609(1) of the Coast Guard 
        and Maritime Transportation Act of 2004 (Public Law 108-293; 
        118 Stat. 1058), is amended--
                    (A) by inserting ``section'' before 
                ``30305(b)(5)''; and
                    (B) by inserting ``section'' before 
                ``30304(a)(3)(A)''.
            (3) Extraneous u.s.c. reference.--Section 7703(3) of title 
        46, United States Code, as amended by section 609(3) of the 
        Coast Guard and Maritime Transportation Act of 2004 (Public Law 
        108-293; 118 Stat. 1058), is amended by striking ``(23 U.S.C. 
        401 note)''.
    (i) Vessel Response Plans for Nontank Vessels.--
            (1) Correction of vessel references.--Section 311 of the 
        Federal Water Pollution Control Act (33 U.S.C. 1321), as 
        amended by section 701 of the Coast Guard and Maritime 
        Transportation Act of 2004 (Public Law 108-293; 118 Stat. 
        1067), is amended by striking ``non-tank'' each place it 
        appears and inserting ``nontank''.
            (2) Punctuation error.--Section 701(b)(9) of the Coast 
        Guard and Maritime Transportation Act of 2004 (Public Law 108-
        293; 118 Stat. 1068) is amended by inserting close quotation 
        marks after ``each tank vessel''.
    (j) Punctuation Error.--Section 5006(c) of the Oil Pollution Act of 
1990 (33 U.S.C. 2736(c)), as amended by section 704(1) of the Coast 
Guard and Maritime Transportation Act of 2004 (Public Law 108-293; 118 
Stat. 1075), is amended by inserting a comma after ``October 1, 2012''.
    (k) Correction to Subtitle Designation.--
            (1) Redesignation.--Title 46, United States Code, is 
        amended by redesignating subtitle VI as subtitle VII.
            (2) Clerical amendment.--The table of subtitles at the 
        beginning of title 46, United States Code, is amended by 
        striking the item relating to subtitle VI and inserting the 
        following:

``VII. MISCELLANEOUS........................................   70101''.
    (l) Corrections to Chapter 701 of Title 46, United States Code.--
Chapter 701 of title 46, United States Code, is amended as follows:
            (1) Sections 70118 and 70119, as added by section 801 of 
        the Coast Guard and Maritime Transportation Act of 2004 (Public 
        Law 108-293; 118 Stat. 1078), are redesignated as sections 
        70117 and 70118, respectively, and moved to appear immediately 
        after section 70116 of title 46, United States Code.
            (2) Sections 70117 and 70118, as added by section 802 of 
        such Act (Public Law 108-293; 118 Stat. 1078), are redesignated 
        as sections 70120 and 70121, respectively, and moved to appear 
        immediately after section 70119 of title 46, United States 
        Code.
            (3) In section 70120(a), as redesignated by paragraph (2) 
        of this section, by striking ``section 70120'' and inserting 
        ``section 70119''.
            (4) In section 70121(a), as redesignated by paragraph (2) 
        of this section, by striking ``section 70120'' and inserting 
        ``section 70119''.
            (5) In the analysis at the beginning of the chapter, by 
        striking the items relating to sections 70117 through the 
        second 70119 and inserting the following:

``70117. Firearms, arrests, and seizure of property.
``70118. Enforcement by State and local officers.
``70119. Civil penalty.
``70120. In rem liability for civil penalties and certain costs.
``70121. Withholding of clearance.''.
    (m) Area Maritime Security Advisory Committees; Margin Alignment.--
Section 70112(b) of title 46, United States Code, as amended by section 
806 of the Coast Guard and Maritime Transportation Act of 2004 (Public 
Law 108-293; 118 Stat. 1082), is amended by moving paragraph (5) two 
ems to the left, so that the left-hand margin of paragraph (5) aligns 
with the left-hand margin of paragraph (4) of such section.
    (n) Technical Correction Regarding Tank Vessel Environmental 
Equivalency Evaluation Index.--Section 4115(e)(3) of the Oil Pollution 
Act of 1990 (46 U.S.C. 3703a note) is amended by striking ``hull'' the 
second place it appears.
    (o) Effective Date.--This section shall take effect August 9, 2004.

SEC. 402. AUTHORIZATION OF JUNIOR RESERVE OFFICERS TRAINING PROGRAM 
              PILOT PROGRAM.

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

SEC. 403. TRANSFER.

    Section 602(b)(2) of the Coast Guard and Maritime Transportation 
Act of 2004 (118 Stat. 1051) is amended by striking ``to be conveyed'' 
and all that follows through the period and inserting ``to be conveyed 
to CAS Foundation, Inc. (a nonprofit corporation under the laws of the 
State of Indiana.''.

SEC. 404. LONG-RANGE VESSEL TRACKING SYSTEM.

    (a) Pilot Project.--Subject to the availability of appropriations, 
the Secretary of the department in which the Coast Guard is operating, 
acting through the Commandant of the Coast Guard, shall conduct a pilot 
program for long range tracking of up to 2,000 vessels using satellite 
systems pursuant to section 70115 of title 46, United States Code.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of the department in which the Coast 
Guard is operating $4,000,000 for fiscal year 2006 to carry out the 
pilot program authorized under subsection (a).

SEC. 405. REPORTS.

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

SEC. 406. TRAINING OF CADETS AT UNITED STATES MERCHANT MARINE ACADEMY.

     Section 1303(f) of the Merchant Marine Act, 1936 (46 App. U.S.C. 
1295b(f)) is amended--
            (1) in paragraph (2) by striking ``and'' after the 
        semicolon at the end;
            (2) in paragraph (3) by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(4) on any other vessel considered necessary or 
        appropriate or in the national interest.''.

SEC. 407. MARINE CASUALTY INVESTIGATIONS STUDY.

    (a) Study.--Within 3 months after the date of enactment of this 
Act, the Commandant of the Coast Guard shall enter into an agreement 
with National Institute for Occupational Safety and Health for a study 
of the Coast Guard marine casualty investigation program to examine the 
extent to which marine casualty investigations and reports--
            (1) result in information and recommendations that prevent 
        similar casualties;
            (2) minimize the effect of similar casualties, given that 
        it has occurred; and
            (3) maximize lives saved in similar casualties, given that 
        the vessel has become uninhabitable.
    (b) Included Elements.--To promote the safety of all those who work 
on or travel by water and to protect the marine environment, the study 
shall include consideration of--
            (1) the adequacy of resources devoted to marine casualty 
        investigations considering caseload, training and experience of 
        marine casualty investigators, and duty assignment practices;
            (2) investigation standards and methods, including a 
        comparison of the formal and informal investigation processes;
            (3) use of best investigation practices considering 
        transportation investigation practices used by other Federal 
        agencies and foreign governments, including the British MAIB 
        program;
            (4) marine casualty data base management and use of 
        casualty data and information as an input to marine casualty 
        prevention programs;
            (5) the extent to which marine casualty data and 
        information have been used to improve the survivability and 
        habitability of vessels involved in marine casualties; and
            (6) any changes to current statutes that would clarify 
        Coast Guard responsibilities for marine casualty investigations 
        and report.
    (c) Report to Congress.--The study, along with its findings and 
recommendations, shall be provided to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate within 18 months 
after entering into a contract with the Institute.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated $625,000 to carry out the study required by this section.

SEC. 408. CONVEYANCE OF DECOMMISSIONED COAST GUARD CUTTER MACKINAW.

    (a) In General.--Upon the scheduled decommissioning of the Coast 
Guard Cutter MACKINAW, the Commandant of the Coast Guard shall convey 
all right, title, and interest of the United States in and to that 
vessel to the City and County of Cheboygan, Michigan, without 
consideration, if--
            (1) the recipient agrees--
                    (A) to use the vessel for purposes of a museum;
                    (B) not to use the vessel for commercial 
                transportation purposes;
                    (C) to make the vessel available to the United 
                States Government if needed for use by the Commandant 
                in time of war or a national emergency; and
                    (D) to hold the Government harmless for any claims 
                arising from exposure to hazardous materials, including 
                asbestos and polychlorinated biphenyls (PCBs), after 
                conveyance of the vessel, except for claims arising 
                from the use by the Government under subparagraph (C);
            (2) the recipient has funds available that will be 
        committed to operate and maintain the vessel conveyed in good 
        working condition, in the form of cash, liquid assets, or a 
        written loan commitment, and in an amount of at least $700,000; 
        and
            (3) the recipient agrees to any other conditions the 
        Commandant considers appropriate.
    (b) Maintenance and Delivery of Vessel.--Prior to conveyance of the 
vessel under this section, the Commandant shall, to the extent 
practical, and subject to other Coast Guard mission requirements, make 
every effort to maintain the integrity of the vessel and its equipment 
until the time of delivery. If a conveyance is made under this section, 
the Commandant shall deliver the vessel at the place where the vessel 
is located, in its present condition, and without cost to the 
Government. The conveyance of the vessel under this section shall not 
be considered a distribution in commerce for purposes of section 6(e) 
of Public Law 94-469 (15 U.S.C. 2605(e)).
    (c) Other Excess Equipment.--The Commandant may convey to the 
recipient any excess equipment or parts from other decommissioned Coast 
Guard vessels for use to enhance the vessel's operability and function 
for purposes of a museum.

SEC. 409. DEEPWATER IMPLEMENTATION REPORT.

    Within 30 days after the date of the enactment of this Act, the 
Secretary of the department in which the Coast Guard is operating shall 
submit to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the implementation of the 
Integrated Deepwater Program that includes--
            (1) a complete timeline for the acquisition of each new 
        Deepwater asset and the phase-out of legacy assets for the life 
        of such program;
            (2) a projection of the remaining operational lifespan of 
        each legacy asset;
            (3) a detailed justification for each modification in each 
        Integrated Deepwater Program asset that fulfills the revised 
        mission needs statement for the program; and
            (4) a total cost of the program that aligns with the 
        revised mission needs statement for the program.

SEC. 410. HELICOPTERS.

    (a) In General.--The Secretary of the department in which the Coast 
Guard is operating may in accordance with this section acquire or lease 
up to four previously used HH-65 helicopters or airframes (or any 
combination thereof) that were not under the administrative control of 
the Coast Guard on January 1, 2005.
    (b) Determination and Certification.--The Secretary shall not 
acquire or lease any previously used HH-65 helicopters or airframes 
under subsection (a), until the end of the 90-day period beginning on 
the date the Secretary notifies the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate that the Secretary 
has--
            (1) determined that acquiring or leasing such previously 
        used helicopters or airframes, and making any modifications to 
        such helicopters or airframes that are needed to ensure those 
        helicopters and airframes meet the design, construction, and 
        equipment standards that apply to H-65 helicopters under the 
        administrative control of the Coast Guard on May 18, 2005, is 
        more cost-effective than acquiring or leasing an equal number 
        of MH-68 helicopters; and
            (2) certified that the helicopters and airframes will meet 
        all applicable Coast Guard safety requirements.

SEC. 411. REPORTS FROM MORTGAGEES OF VESSELS.

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

SEC. 412. NEWTOWN CREEK, NEW YORK CITY, NEW YORK.

    (a) Study.--Of the amounts provided under section 1012 of the Oil 
Pollution Act of 1990, the Coast Guard shall conduct a study of public 
health and safety concerns related to the pollution of Newtown Creek, 
New York City, New York, caused by seepage of oil into Newtown Creek 
from 17,000,000 gallons of underground oil spills in Greenpoint, 
Brooklyn, New York.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Coast Guard shall transmit to Congress a report 
containing the results of the study.

SEC. 413. DETERMINATION OF THE SECRETARY.

    Section 70105(c) of title 46, United States Code, is amended--
            (1) in paragraph (3) by inserting before the period 
        ``before an administrative law judge''; and
            (2) by adding at the end the following:
    ``(5) In making a determination under paragraph (1)(D), the 
Secretary shall not consider a felony conviction that occurred more 
than 7 years prior to the date of the Secretary's determination.''.

SEC. 414. REPORT ON TECHNOLOGIES.

    Not later than 180 days after the date of the enactment of this 
Act, the Commandant of the Coast Guard shall submit a report to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate that includes an assessment of--
            (1) the availability and effectiveness of technologies that 
        evaluate and identify inbound vessels and their cargo for 
        potential threats before they reach United States ports, 
        including technologies already tested or in testing at joint 
        operating centers; and
            (2) the costs associated with implementing such technology 
        at all United States ports.

SEC. 415. MOVEMENT OF ANCHORS.

    Section 12105 of title 46, United States Code, is amended by adding 
at the end the following:
    ``(c) Only a vessel for which a certificate of documentation with a 
registry endorsement is issued may be employed in the setting or moving 
of the anchors or other mooring equipment of a mobile offshore drilling 
unit that is located above or on the outer Continental Shelf of the 
United States (as that term is defined in section 2(a) of the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331(a)).''.

SEC. 416. INTERNATIONAL TONNAGE MEASUREMENT OF VESSELS ENGAGED IN THE 
              ALEUTIAN TRADE.

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

SEC. 417. ASSESSMENT AND PLANNING.

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

SEC. 418. HOMEPORT.

    Subject to the availability of appropriations, the Commandant of 
the Coast Guard shall homeport the Coast Guard cutter HEALY in 
Anchorage, Alaska.

SEC. 419. OPINIONS REGARDING WHETHER CERTAIN FACILITIES CREATE 
              OBSTRUCTIONS TO NAVIGATION.

    In any case in which a person requests the Secretary of the Army to 
take action to permit a wind energy facility under the authority of 
section 10 of the Act of March 3, 1899 (33 U.S.C. 403), the Commandant 
of the Coast Guard shall provide an opinion in writing that states 
whether the proposed facility would create an obstruction to 
navigation.

SEC. 420. TEMPORARY AUTHORIZATION TO EXTEND THE DURATION OF LICENSES, 
              CERTIFICATES OF REGISTRY, AND MERCHANT MARINERS' 
              DOCUMENTS.

    (a) Licenses and Certificates of Registry.--Notwithstanding 
sections 7106 and 7107 of title 46, United States Code, the Secretary 
of the department in which the Coast Guard is operating may temporarily 
extend the duration of a license or certificate of registry issued for 
an individual under chapter 71 of that title for up to one year, if--
            (1) the records of the individual are located at the Coast 
        Guard facility in New Orleans that was damaged by Hurricane 
        Katrina; or
            (2) the individual is a resident of Alabama, Mississippi, 
        or Louisiana.
    (b) Merchant Mariners' Documents.--Notwithstanding section 7302(g) 
of title 46, United States Code, the Secretary of the department in 
which the Coast Guard is operating may temporarily extend the duration 
of a merchant mariners' document issued for an individual under chapter 
73 of that title for up to one year, if--
            (1) the records of the individual are located at the Coast 
        Guard facility in New Orleans that was damaged by Hurricane 
        Katrina; or
            (2) the individual is a resident of Alabama, Mississippi, 
        or Louisiana.
    (c) Manner of Extension.--Any extensions granted under this section 
may be granted to individual seamen or a specifically identified group 
of seamen.
    (d) Expiration of Authority.--The authorities provided under this 
section expire on December 31, 2006.

SEC. 421. TEMPORARY AUTHORIZATION TO EXTEND THE DURATION OF VESSEL 
              CERTIFICATES OF INSPECTION.

    (a) Authority to Extend.--Notwithstanding section 3307 and 3711(b) 
of title 46, United States Code, the Secretary of the department in 
which the Coast Guard is operating may temporarily extend the duration 
or the validity of a certificate of inspection or a certificate of 
compliance issued under chapter 33 or 37, respectively, of title 46, 
United States Code, for up to 6 months for a vessel inspected by a 
Coast Guard Marine Safety Office located in Alabama, Mississippi, or 
Louisiana.
    (b) Expiration of Authority.--The authority provided under this 
section expires on December 31, 2006.

SEC. 422. TEMPORARY CENTER FOR PROCESSING OF FOR LICENSES, CERTIFICATES 
              OF REGISTRY, AND MERCHANT MARINERS' DOCUMENTS.

    (a) In General.--Not later than October 15, 2005, the Commandant of 
the Coast Guard shall establish a temporary facility in Baton Rouge, 
Louisiana, that is sufficient to process applications for new licenses, 
certificate of registries, and merchant mariners' documents under 
chapters 71 or 73 of title 46, United States Code. This requirement 
expires on December 31, 2006.
    (b) Termination of Requirement.--The Commandant is not required to 
maintain such facility after December 31, 2006.

SEC. 423. DETERMINATION OF NAVIGATIONAL IMPACT.

    In any case in which a person requests the Secretary of the Army to 
take action under the authority of section 10 of the Act of March 3, 
1899, popularly known as the Rivers and Harbors Appropriations Act of 
1899 (chapter 425; 33 U.S.C. 403), the Commandant of the Coast Guard 
shall provide to the Secretary an opinion in writing that states 
whether the proposed structure or activity would create an obstruction 
to navigation.

SEC. 424. PORT RICHMOND.

    The Secretary of the department in which the Coast Guard is 
operating acting through the Commandant of the Coast Guard may not 
approve the security plan under section 70103(c) of title 46, United 
States Code, for a liquefied natural gas import facility at Port 
Richmond in Philadelphia, Pennsylvania, until the Secretary conducts a 
vulnerability assessment under section 70102(b) of such title.

SEC. 425. CITIZENSHIP AND NAVAL RESERVE REQUIREMENTS.

    Section 8103(b) of title 46, United States Code, is amended by 
adding the following paragraph at the end of that subsection:
    ``(4) Paragraph (1) of this subsection and section 8701 of this 
title do not apply to individuals transported on international voyages 
who are not part of the crew complement required under section 8101 or 
a member of the Stewards department, and do not perform watchstanding 
functions. However, such individuals must possess a transportation 
security card issued under section 70105 of this title, when 
required.'.'

SEC. 426. ELIGIBILITY TO PARTICIPATE IN WESTERN ALASKA COMMUNITY 
              DEVELOPMENT QUOTA PROGRAM.

    (a) Treatment of Secretary Approval.--
            (1) In general.--Approval by the Secretary of Commerce of a 
        community development plan, or an amendment thereof, shall not 
        be considered a major Federal action for purposes of section 
        102(2) of Public Law 91-190 (42 U.S.C. 4332(2)).
            (2) Definition.--(A) In this subsection, the term 
        ``community development plan'' means a plan, prepared by a 
        community development quota group for the western Alaska 
        community development quota program under section 305(i) of the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1855(i)), that describes how the group intends to--
                    (i) harvest its share of fishery resources 
                allocated to the program; and
                    (ii) use the harvest opportunity, and any revenue 
                derived from such use, to assist communities that are 
                members of the group with projects to advance economic 
                development.
            (B) In this subsection, no plan that allocates fishery 
        resources to the western Alaska community development quota 
        program under section 305(i) of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1855(i)) is a 
        ``community development plan''.

SEC. 427. QUOTA SHARE ALLOCATION.

    (a) In General.--The Voluntary Three-Pie Cooperative Program for 
crab fisheries of the Bering Sea and Aleutian Islands implemented under 
section 801 of title VIII of division B of Public Law 108-199 is 
amended to require that--
            (1) Blue Dutch, LLC, shall receive crab processing quota 
        shares equal to 1.5 percent of the total allowable catch for 
        each of the following fisheries: the Bristol Bay red king crab 
        fishery and the Bering Sea C. opilio crab fishery; and
            (2) the Program implementing regulations shall be adjusted 
        so that the total of all crab processing quota shares for each 
        fishery referred to in paragraph (1), including the amount 
        specified in paragraph (1), equals 90 percent of the total 
        allowable catch.
    (b) Applicability.--Subsection (a) shall apply, with respect to 
each fishery referred to in subsection (a)(1), whenever the total 
allowable catch for that fishery is more than 2 percent higher than the 
total allowable catch for that fishery during calendar year 2005.

SEC. 428. ACQUISITION OF MARITIME REFUELING SUPPORT VESSEL FOR UNITED 
              STATES DRUG INTERDICTION EFFORTS IN THE EASTERN PACIFIC 
              MARITIME TRANSIT ZONE.

    There are authorized to be appropriated $25,000,000 for fiscal year 
2006 and $25,000,000 for fiscal year 2007 for the Bureau for 
International Narcotics and Law Enforcement Affairs (INL) of the 
Department of State to purchase or lease a maritime refueling support 
vessel that is capable of refueling public vessels (as that term is 
defined in section 30101(3) of title 46, United States Code), and 
allied warships and vessels employed in support of United States drug 
interdiction duties in the Eastern Pacific maritime transit zone.

SEC. 429. VOYAGE DATA RECORDER REQUIREMENTS.

    (a) Authority to Prescribe Regulations.--Chapter 35 of title 46, 
United States Code, is amended by adding at the end the following:
``Sec. 3507. Voyage data recorders
    ``(a) The Secretary shall prescribe regulations that require that a 
passenger vessel described in section 2101(22)(D) carrying more than 
399 passengers shall be equipped with a voyage data recorder approved 
in accordance with the regulations.
    ``(b) Regulations prescribed under subsection (a) shall establish--
            ``(1) standards for voyage data recorders required under 
        the regulations;
            ``(2) methods for approval of models of voyage data 
        recorders under the regulations; and
            ``(3) procedures for annual performance testing of voyage 
        data recorders required under the regulations.
    ``(c) To implement this section and regulations prescribed under 
this section there is authorized to be appropriated to the Secretary 
$1,500,000 each fiscal year.''.
    (b) Deadline for Regulations.--The Secretary (as that term is used 
in chapter 35 of title 46, United States Code) shall initiate the 
prescribing of regulations under section 3507(a) of title 46, United 
States Code, as amended by this section, by not later than 6 months 
after the date of the enactment of this Act.
    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 35 of title 46, United States Code, is amended by adding at the 
end the following:

``3507. Voyage data recorders.''.

                          TITLE V--LIGHTHOUSES

SEC. 501. TRANSFER.

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

SEC. 502. MISTY FIORDS NATIONAL MONUMENT AND WILDERNESS.

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

SEC. 503. CAPE ST. ELIAS LIGHT STATION.

    For purposes of section 416(a)(2) of Public Law 105-383, the Cape 
St. Elias Light Station shall comprise approximately 10 acres in fee, 
along with additional access easements issued without consideration by 
the Secretary of Agriculture, as generally described in the map 
entitled ``Cape St. Elias Light Station,'' dated September 14, 2004. 
The Secretary of the department in which the Coast Guard is operating 
shall keep such map on file and available for public inspection.

SEC. 504. INCLUSION OF LIGHTHOUSE IN ST. MARKS NATIONAL WILDLIFE 
              REFUGE, FLORIDA.

    (a) Revocation of Executive Order Dated November 12, 1838.--Any 
reservation of public land described in subsection (b) for lighthouse 
purposes by the Executive order dated November 12, 1838, as amended by 
Public Land Order 5655, dated January 9, 1979, is revoked.
    (b) Description of Land.--The public land referred to in subsection 
(a) consists of approximately 8.0 acres within the external boundaries 
of St. Marks National Wildlife Refuge in Wakulla County, Florida, that 
is east of the Tallahassee Meridian, Florida, in Township 5 South, 
Range 1 East, Section 1 (fractional) and containing all that remaining 
portion of the unsurveyed fractional section, more particularly 
described as follows: A parcel of land, including submerged areas, 
beginning at a point which marks the center of the light structure, 
thence due North (magnetic) a distance of 350 feet to the point of 
beginning a strip of land 500 feet in width, the axial centerline of 
which runs from the point of beginning due South (magnetic) a distance 
of 700 feet, more or less, to the shoreline of Apalachee Bay, 
comprising 8.0 acres, more or less, as shown on plat dated January 2, 
1902, by Office of L. H. Engineers, 7th and 8th District, Mobile, 
Alabama.
    (c) Transfer of Administrative Jurisdiction.--Subject to subsection 
(f), administrative jurisdiction over the public land described in 
subsection (b), and over all improvements, structures, and fixtures 
located thereon, is transferred from the department in which the Coast 
Guard is operating to the Secretary of the Interior, without 
reimbursement.
    (d) Responsibility for Environmental Response Actions.--The Coast 
Guard shall have sole responsibility in the Federal Government to fund 
and conduct any response action required under any applicable Federal 
or State law or implementing regulation to address--
            (1) a release or threatened release on public land referred 
        to in subsection (b) of any hazardous substance, pollutant, 
        contaminant, petroleum, or petroleum product or derivative that 
        is located on such land on the date of the enactment of this 
        Act; or
            (2) any other release or threatened release on public land 
        referred to in subsection (b) of any hazardous substance, 
        pollutant, contaminant, petroleum, or petroleum product or 
        derivative, that results from any Coast Guard activity 
        occurring after the date of the enactment of this Act.
    (e) Inclusion in Refuge.--
            (1) Inclusion.--The public land described in subsection (b) 
        shall be part of St. Marks National Wildlife Refuge.
            (2) Administration.--Subject to this subsection, the 
        Secretary of the Interior shall administer the public land 
        described in subsection (b)--
                    (A) through the Director of the United States Fish 
                and Wildlife Service; and
                    (B) in accordance with the National Wildlife Refuge 
                System Administration Act of 1966 (16 U.S.C. 668dd et 
                seq.) and such other laws as apply to Federal real 
                property under the sole jurisdiction of the United 
                States Fish and Wildlife Service.
    (f) Maintenance of Navigation Functions.--The transfer under 
subsection (c), and the administration of the public land described in 
subsection (b), shall be subject to such conditions and restrictions as 
the Secretary of the department in which the Coast Guard is operating 
considers necessary to ensure that--
            (1) the Federal aids to navigation located at St. Marks 
        National Wildlife Refuge continue to be operated and maintained 
        by the Coast Guard for as long as they are needed for 
        navigational purposes;
            (2) the Coast Guard may remove, replace, or install any 
        Federal aid to navigation at the St. Marks National Wildlife 
        Refuge as may be necessary for navigational purposes;
            (3) the United States Fish and Wildlife Service will not 
        interfere or allow interference in any manner with any Federal 
        aid to navigation, nor hinder activities required for the 
        operation and maintenance of any Federal aid to navigation, 
        without express written approval by the Secretary of the 
        department in which the Coast Guard is operating; and
            (4) the Coast Guard may, at any time, enter the St. Marks 
        National Wildlife Refuge, without notice, for purposes of 
        operating, maintaining, and inspecting any Federal aid to 
        navigation and ensuring compliance with this subsection, to the 
        extent that it is not possible to provide advance notice.

                           TITLE VI--RESPONSE

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Delaware River Protection Act of 
2005''.

SEC. 602. REQUIREMENT TO NOTIFY COAST GUARD OF RELEASE OF OBJECTS INTO 
              THE NAVIGABLE WATERS OF THE UNITED STATES.

    The Ports and Waterways Safety Act (33 U.S.C. 1221 et seq.) is 
amended by adding at the end the following:

``SEC. 15. REQUIREMENT TO NOTIFY COAST GUARD OF RELEASE OF OBJECTS INTO 
              THE NAVIGABLE WATERS OF THE UNITED STATES.

    ``(a) Requirement.--As soon as a person has knowledge of any 
release from a vessel or facility into the navigable waters of the 
United States of any object that creates an obstruction prohibited 
under section 10 of the Act of March 3, 1899, popularly known as the 
Rivers and Harbors Appropriations Act of 1899 (chapter 425; 33 U.S.C. 
403), such person shall notify the Secretary and the Secretary of the 
Army of such release.
    ``(b) Restriction on Use of Notification.--Any notification 
provided by an individual in accordance with subsection (a) shall not 
be used against such individual in any criminal case, except a 
prosecution for perjury or for giving a false statement.''.

SEC. 603. LIMITS ON LIABILITY.

    (a) Adjustment of Liability Limits.--
            (1) Tank vessels.--Section 1004(a)(1) of the Oil Pollution 
        Act of 1990 (33 U.S.C. 2704(a)(1)) is amended--
                    (A) by redesignating subparagraph (B) as 
                subparagraph (C);
                    (B) by striking subparagraph (A) and inserting the 
                following:
                    ``(A) with respect to a single-hull vessel, 
                including a single-hull vessel fitted with double sides 
                only or a double bottom only--
                            ``(i) $1,550 per gross ton for an incident 
                        that occurs in 2005;
                            ``(ii) $1,900 per gross ton for an incident 
                        that occurs in 2006; or
                            ``(iii) $2,250 per gross ton for an 
                        incident that occurs in 2007 or in any year 
                        thereafter; or
                    ``(B) with respect to a double-hull vessel (other 
                than any vessel referred to in subparagraph (A))--
                            ``(i) $1,350 per gross ton for an incident 
                        that occurs in 2005;
                            ``(ii) $1,500 per gross ton for an incident 
                        that occurs in 2006; and
                            ``(iii) $1,700 per gross ton for any 
                        incident that occurs in 2007 or in any year 
                        thereafter; or''; and
                    (C) in subparagraph (C), as redesignated by 
                subparagraph (A) of this paragraph--
                            (i) in clause (i) by striking 
                        ``$10,000,000'' and inserting ``$14,000,000''; 
                        and
                            (ii) in clause (ii) by striking 
                        ``$2,000,000'' and inserting ``$2,500,000''.
            (2) Limitation on application.--In the case of an incident 
        occurring before the date of the enactment of this Act, section 
        1004(a)(1) of the Oil Pollution Act of 1990 (33 U.S.C. 
        2704(a)(1)) shall apply as in effect immediately before the 
        effective date of this subsection.
    (b) Adjustment to Reflect Consumer Price Index.--Section 1004(d)(4) 
of the Oil Pollution Act of 1990 (33 U.S.C. 2704(d)(4)) is amended to 
read as follows:
            ``(4) Adjustment to reflect consumer price index.--The 
        President shall, by regulations issued no later than 3 years 
        after the date of the enactment of the Delaware River 
        Protection Act of 2005 and no less than every 3 years 
        thereafter, adjust the limits on liability specified in 
        subsection (a) to reflect significant increases in the Consumer 
        Price Index.''.

SEC. 604. REQUIREMENT TO UPDATE PHILADELPHIA AREA CONTINGENCY PLAN.

    The Philadelphia Area Committee established under section 311(j)(4) 
of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)(4)) 
shall, by not later than 12 months after the date of the enactment of 
this Act and not less than annually thereafter, review and revise the 
Philadelphia Area Contingency Plan to include available data and 
biological information on environmentally sensitive areas of the 
Delaware River and Delaware Bay that has been collected by Federal and 
State surveys.

SEC. 605. SUBMERGED OIL REMOVAL.

    (a) Amendments.--Title VII of the Oil Pollution Act of 1990 is 
amended--
            (1) in section 7001(c)(4)(B) (33 U.S.C. 2761(c)(4)(B)) by 
        striking ``RIVERA,'' and inserting ``RIVERA and the T/V ATHOS 
        I;''; and
            (2) by adding at the end the following:

``SEC. 7002. SUBMERGED OIL PROGRAM.

    ``(a) Program.--
            ``(1) Establishment.--The Undersecretary of Commerce for 
        Oceans and Atmosphere, in conjunction with the Commandant of 
        the Coast Guard, shall establish a program to detect, monitor, 
        and evaluate the environmental effects of submerged oil. Such 
        program shall include the following elements:
                    ``(A) The development of methods to remove, 
                disperse or otherwise diminish the persistence of 
                submerged oil.
                    ``(B) The development of improved models and 
                capacities for predicting the environmental fate, 
                transport, and effects of submerged oil.
                    ``(C) The development of techniques to detect and 
                monitor submerged oil.
            ``(2) Report.--The Secretary of Commerce shall, no later 
        than 3 years after the date of the enactment of the Delaware 
        River Protection Act of 2005, submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation and the Committee on Environment and Public 
        Works of the Senate a report on the activities carried out 
        under this subsection and activities proposed to be carried out 
        under this subsection.
            ``(3) Funding.--There is authorized to be appropriated to 
        the Secretary of Commerce $1,000,000 for each of fiscal years 
        2006 through 2010 to carry out this subsection.
    ``(b) Demonstration Project.--
            ``(1) Removal of submerged oil.--The Commandant of the 
        Coast Guard, in conjunction with the Undersecretary of Commerce 
        for Oceans and Atmosphere, shall conduct a demonstration 
        project for the purpose of developing and demonstrating 
        technologies and management practices to remove submerged oil 
        from the Delaware River and other navigable waters.
            ``(2) Funding.--There is authorized to be appropriated to 
        the Commandant of the Coast Guard $2,000,000 for each of fiscal 
        years 2006 through 2010 to carry out this subsection.''.
    (b) Clerical Amendment.--The table of sections in section 2 of such 
Act is amended by inserting after the item relating to section 7001 the 
following:

``Sec. 7002. Submerged oil program.''.

SEC. 606. DELAWARE RIVER AND BAY OIL SPILL ADVISORY COMMITTEE.

    (a) Establishment.--There is established the Delaware River and Bay 
Oil Spill Advisory Committee (in this section referred to as the 
``Committee'').
    (b) Functions.--
            (1) In general.--The Committee shall, by not later than 1 
        year after the date the Commandant of the Coast Guard (in this 
        section referred to as the ``Commandant'') completes 
        appointment of the members of the Committee, make 
        recommendations to the Commandant, the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives, and the Committee on Commerce, Science, and 
        Transportation of the Senate on methods to improve the 
        prevention of and response to future oil spills in the Delaware 
        River and Delaware Bay.
            (2) Meetings.--The Committee--
                    (A) shall hold its first meeting not later than 60 
                days after the completion of the appointment of the 
                members of the Committee; and
                    (B) shall meet thereafter at the call of the 
                Chairman.
    (c) Membership.--The Committee shall consist of 15 members who have 
particular expertise, knowledge, and experience regarding the 
transportation, equipment, and techniques that are used to ship cargo 
and to navigate vessels in the Delaware River and Delaware Bay, as 
follows:
            (1) Three members who are employed by port authorities that 
        oversee operations on the Delaware River or have been selected 
        to represent these entities, of whom--
                    (A) one member must be an employee or 
                representative of the Port of Wilmington;
                    (B) one member must be an employee or 
                representative of the South Jersey Port Corporation; 
                and
                    (C) one member must be an employee or 
                representative of the Philadelphia Regional Port 
                Authority.
            (2) Two members who represent organizations that operate 
        tugs or barges that utilize the port facilities on the Delaware 
        River and Delaware Bay.
            (3) Two members who represent shipping companies that 
        transport cargo by vessel from ports on the Delaware River and 
        Delaware Bay.
            (4) Two members who represent operators of oil refineries 
        on the Delaware River and Delaware Bay.
            (5) Two members who represent environmental and 
        conservation interests.
            (6) Two members who represent State-licensed pilots who 
        work on the Delaware River and Delaware Bay.
            (7) One member who represents labor organizations that load 
        and unload cargo at ports on the Delaware River and Delaware 
        Bay.
            (8) One member who represents the general public.
    (d) Appointment of Members.--The Commandant shall appoint the 
members of the Committee, after soliciting nominations by notice 
published in the Federal Register.
    (e) Chairman and Vice Chairman.--The Committee shall elect, by 
majority vote at its first meeting, one of the members of the Committee 
as the Chairman and one of the members as the Vice Chairman. The Vice 
Chairman shall act as Chairman in the absence of or incapacity of the 
Chairman, or in the event of vacancy in the Office of the Chairman.
    (f) Pay and Expenses.--
            (1) Prohibition on pay.--Members of the Committee who are 
        not officers or employees of the United States shall serve 
        without pay. Members of the Committee who are officers or 
        employees of the United States shall receive no additional pay 
        on account of their service on the Committee.
            (2) Expenses.--While away from their homes or regular 
        places of business, members of the Committee may be allowed 
        travel expenses, including per diem, in lieu of subsistence, as 
        authorized by section 5703 of title 5, United States Code.
    (g) Termination.--The Committee shall terminate one year after the 
completion of the appointment of the members of the Committee.

SEC. 607. MARITIME FIRE AND SAFETY ACTIVITIES.

    The Maritime Transportation Security Act of 2002 (Public Law 107-
295) is amended--
            (1) in section 407--
                    (A) in the heading by striking ``lower columbia 
                river''; and
                    (B) by striking ``$987,400'' and inserting 
                ``$1,500,000''; and
            (2) in the table of contents in section 1(b) by striking 
        the item relating to section 407 and inserting the following:

``Sec. 407. Maritime fire and safety activities.''.

            Passed the House of Representatives September 15, 2005.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.