[Congressional Record Volume 151, Number 115 (Wednesday, September 14, 2005)]
[House]
[Pages H7950-H7959]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                                H.R. 889

             Offered By: Ms. Loretta Sanchez of California

       Amendment No. 2: Page 25, line 15, strike ``REPORT'' and 
     insert ``REPORTS''.
       Page 25, line 16, strike ``In General.--'' and insert 
     ``Adequacy of Assets.--''.
       Page 26, after line 14, insert the following:
       (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 non-homeland security missions 
     and homeland security missions, as those terms are defined in 
     section 888 of the Homeland Security Act of 2002 (6 U.S.C. 
     468). 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 and any recommendations to enhance mission 
     capabilities of the Coast Guard.

                                H.R. 889

             Offered By: Ms. Loretta Sanchez of California

       Amendment No. 3: Page 5, line 20, strike ``45,500'' and 
     insert ``50,000''.

                                H.R. 889

                        Offered By: Mr. Fossella

       Amendment No. 4: At the end of title IV add the following:

     SEC. __. 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.''.

                                H.R. 889

                        Offered By: Mr. Fossella

       Amendment No. 5: At the end of title IV add the following:

     SEC. __. ENSURING RELIABLE MEDICAL TESTING OF VESSEL PILOTS.

       (a) Submission of All Physical Examinations.--The head of 
     the department in which the Coast Guard is operating shall 
     revise section 10.709 of title 46, Code of Federal 
     Regulations, to require that an individual to whom that 
     section applies shall submit to the Coast Guard the results 
     of all physical examinations of the individual.
       (b) Increase in Penalties for Falsification of Physical 
     Examination Report.--In

[[Page H7951]]

     lieu of the penalties provided under section 1001 of title 
     18, United States Code, any person that violates that section 
     in preparing any report on the findings of a physical 
     examination of an individual to whom section 10.709 of title 
     46, Code of Federal Regulations, as revised under subsection 
     (a), applies shall be fined under title 18, United States 
     Code, and imprisoned for not more than 5 years.

                                H.R. 889

                         Offered By: Mr. Markey

       Amendment No. 6: In subtitle A of title IV, add at the end 
     the following new section:

     SEC. __. SECURITY AND SAFETY REVIEW OF LIQUEFIED NATURAL GAS 
                   FACILITIES.

       (a) Security and Safety Review.--The Commandant of the 
     Coast Guard shall conduct a comprehensive security and safety 
     review of the proposed construction, expansion, or operation 
     of a waterfront facility for the transfer of liquefied 
     natural gas from ships to land or from land to ships, 
     including proposed shipping routes to or from the facility.
       (b) Preparation of Report.--Upon completion of a review 
     under subsection (a), the Commandant of the Coast Guard shall 
     prepare a report setting forth the results of the review and 
     including any recommendations for measures that the 
     Commandant believes are necessary to ensure the public safety 
     and security of the proposed facility and the transportation 
     routes to and from the facility, or to mitigate any potential 
     adverse consequences.
       (c) Results of Review.--The Commandant of the Coast Guard 
     shall provide to each Federal agency responsible for 
     licensing, approval, or other authorization for the relevant 
     construction, expansion, or operation, and to Congress, a 
     report prepared under subsection (c), and shall also provide 
     the information in such report, to the extent consistent with 
     the protection of public safety and security, to affected 
     State and local officials and the public.
       (d) Reports to Congress.--
       (1) Summary of actions taken.--Not later than 6 months 
     after a report is provided under subsection (d), the 
     Commandant shall transmit a report to Congress summarizing 
     any action taken by the facility owner or by any appropriate 
     Federal or State agency in response to the Commandant's 
     recommendations contained in such report. If no action has 
     been taken to implement such a recommendation, the Commandant 
     shall report on the reasons why no action has been taken, and 
     shall include views on the failure to take the recommended 
     actions.
       (2) Implementation status report.--The Commandant shall 
     transmit an additional implementation status report to 
     Congress every 6 months until all of the recommendations 
     contained in the Commandant's report prepared under 
     subsection (c) have been implemented, or the Commandant 
     concludes that implementation is no longer necessary and 
     provides an explanation of the reasons for this 
     determination.
       (e) Requirement for Approval of Construction or Expansion 
     of Urban Liquefied Natural Gas Facilities.--
       (1) Requirement.--No person may construct or expand any 
     urban waterfront facility for the transfer of liquefied 
     natural gas from ships to land or from land to ships unless 
     the Commandant of the Coast Guard has approved such 
     construction or expansion. The Commandant shall not approve 
     any such construction or expansion if, as a result of the 
     review conducted pursuant to subsection (a), the Commandant 
     determines that the proposed facility, or the expansion of 
     the existing facility, would pose a substantial risk to 
     public safety and security in light of the potential loss of 
     life and damage to property that could result.
       (2) Civil penalty.--Any person who violates paragraph (1) 
     shall be liable for a civil penalty in an amount not to 
     exceed $1,000,000 for each day of such violation.
       (3) Savings clause.--Except as provided in paragraph (1), 
     approval under this subsection shall not affect any other 
     requirement under law to obtain a license, approval, or other 
     authorization for the construction, expansion, or operation 
     of an offshore or waterfront facility for the transfer of 
     liquefied natural gas from ships to land or from land to 
     ships.

                                H.R. 889

                         Offered By: Mr. Inslee

       Amendment No. 7: At the end of title IV add the following:

     SEC. __. REIMBURSEMENT OF ADDITIONAL COSTS OF ELEVATED THREAT 
                   LEVELS.

       (a) Requirement.--The Secretary of Homeland Security shall 
     reimburse port authorities, facility operators, and State and 
     local agencies, that are required under Federal law to 
     provide security services or funds to implement Area Maritime 
     Transportation Security Plans and facility security plans 
     under chapter 701 of title 46, United States Code, for 50 
     percent of eligible costs incurred by such persons in 
     implementing protective measures and countermeasures in 
     response to any public advisory or alert regarding a threat 
     to homeland security that is issued under the United States 
     Coast Guard Maritime Security (MARSEC) system or any 
     successor to such system, and that is above the baseline 
     threat level under that system.
       (b) Eligible Costs.--For purposes of subsection (a), 
     eligible costs consist of any of the following:
       (1) Salary, benefits, overtime compensation, retirement 
     contributions, and other costs of additional Coast Guard-
     mandated security personnel.
       (2) The cost of acquisition, operation, and maintenance of 
     security equipment or facilities to be used for security 
     monitoring and recording, security gates and fencing, marine 
     barriers for designated security zones, security-related 
     lighting systems, remote surveillance, concealed video 
     systems, security vessels, and other security-related 
     infrastructure or equipment that contributes to the overall 
     security of passengers, cargo, or crewmembers.
       (3) The cost of screening equipment, including equipment 
     that detects weapons of mass destruction and conventional 
     explosives, and of testing and evaluating such equipment, to 
     certify secure systems of transportation.
       (c) Subject to Appropriations.--The requirement to provide 
     reimbursement under this section is subject to the 
     availability of appropriations.

                                H.R. 889

                         Offered By: Mr. Markey

       Amendment No. 8: Add at the end the following new title:

       TITLE--REQUIREMENTS FOR AREA MARITIME TRANSPORTATION PLANS

     SEC. __01. REQUIREMENTS FOR AREA MARITIME TRANSPORTATION 
                   PLANS.

       Section 70103(b)(2) of title 46,United States Code, is 
     amended by redesignating subparagraphs (C) through (F) as 
     subparagraphs (E) through (H), respectively, and by inserting 
     after subparagraph (B) the following:
       ``(C) include a list of each facility located in the area 
     covered by the plan that could reduce the health, 
     environmental, or economic consequences associated with a 
     transportation security incident through the substitution of 
     chemicals or processes currently used in the facility with 
     alternative chemicals or processes that would not 
     significantly impair the ability of the facility to conduct 
     its business;
       ``(D) for areas that include or are near a large 
     population, or that are of special economic, environmental, 
     or national security importance and that might be damaged by 
     a transportation security incident, include a list of special 
     efforts, measures, or procedures required of any new facility 
     proposed to be located within or near the area that will 
     deter a transportation security incident involving the 
     facility;''.

                                H.R. 889

                         Offered By: Mr. Markey

       Amendment No. 9: Add at the end the following new title:

  TITLE--REQUIREMENTS FOR MARITIME TRANSPORTATION SECURITY PLANS AND 
                              ASSESSMENTS

     SEC. __01. REQUIREMENTS FOR AREA MARITIME TRANSPORTATION 
                   PLANS.

       Section 70103(b)(2) of title 46, United States Code, is 
     amended by redesignating subparagraphs (C) through (F) as 
     subparagraphs (E) through (H), respectively, and by inserting 
     after subparagraph (B) the following:
       ``(C) include a list of each facility located in the area 
     covered by the plan that could reduce the health, 
     environmental, or economic consequences associated with a 
     transportation security incident through the substitution of 
     chemicals or processes currently used in the facility with 
     alternative chemicals or processes that would not 
     significantly impair the ability of the facility to conduct 
     its business;
       ``(D) for areas that include or are near a large 
     population, or that are of special economic, environmental, 
     or national security importance and that might be damaged by 
     a transportation security incident, include a list of special 
     efforts, measures, or procedures required of any new facility 
     proposed to be located within or near the area that will 
     deter a transportation security incident involving the 
     facility;''.

     SEC. __02. REQUIREMENTS FOR UNITED STATES FACILITY AND VESSEL 
                   VULNERABILITY ASSESSMENTS.

       Section 70102(b) of title 46,United States Code, is 
     amended--
       (1) in paragraph (1)(C) by inserting after ``contingency 
     response,'' the following: ``chemicals or processes used by a 
     facility that could be replaced with alternative chemicals or 
     processes that could reduce the health, environmental or 
     economic consequences associated with a transportation 
     security incident in a manner that would not significantly 
     impair the ability of the facility to conduct its 
     business,''; and
       (2) in paragraph (4) by striking ``includes'' and inserting 
     ``adequately addresses''.

     SEC. __03. REQUIREMENT FOR NATIONAL MARITIME TRANSPORTATION 
                   SECURITY PLAN.

       Section 70103(a)(2)(C) of title 46,United States Code, is 
     amended by inserting before the period at the end the 
     following: ``, including special efforts, measures, or 
     procedures required of any new proposed facility that could 
     deter a transportation security incident or reduce the 
     consequences of such an incident involving the facility''.

                                H.R. 889

                         Offered By: Mr. Souder

       Amendment No. 10: At the end of title IV add the following 
     new section:

     SEC. __. 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

[[Page H7952]]

     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.

                                H.R. 889

                    Offered By: Mr. Young of Alaska

       Amendment No. 11: At the end of title I add the following:

     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.
       At the end of title II add the following:

     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 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.
       Amend section 405 to read as follows:

     SEC. 405. REPORT.

       (a) In General.--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.

[[Page H7953]]

       (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.
       In section 412 insert ``of 1990'' after ``Oil Pollution 
     Act''.

       At the end of title IV add the following:

     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.
       At the end of the bill add the following:

                          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;

[[Page H7954]]

       (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 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;

[[Page H7955]]

       (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.

[[Page H7956]]

     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.''.

                                H.R. 889

                    Offered By: Mr. Young of Alaska

       Amendment No. 12: At the end of title I add the following:

     SECTION 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.
       At the end of title II add the following:

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

       (a) Findings.--The Congress finds the following:
       (1) On August 29, 2005, Hurricane Katrina struck the 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. 212. 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.--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).
       (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. 213. 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. 214. 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.
       Amend section 405 to read as follows:

     SEC. 405. REPORT.

       (a) In General.--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:

[[Page H7957]]

       (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.
       In section 412 insert ``of 1990'' after ``Oil Pollution 
     Act''.
       At the end of title IV add the following:

     SEC. 413. 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. 414. 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. 415. 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. 416. 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. 417. HOMEPORT.

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

     SEC. 418. 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. 419. 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. 420. 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. 421. 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. 422. 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. 423. 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. 424. 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.
       At the end of the bill add the following:

                           TITLE V--RESPONSE

     SEC. 501. SHORT TITLE.

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

     SEC. 502. 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. 503. 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

[[Page H7958]]

       ``(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. 504. 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. 505. 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. 506. 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. 507. 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.''.

                                H.R. 889

                    Offered By: Mr. Young of Alaska

       Amendment No. 13: At the end of Title IV add the following:
       Sec. __. 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.''

                                H.R. 889

                    Offered By: Mr. Young of Alaska

       Amendment No. 14: Add at the end of title IV the following:

     SEC. __. 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

[[Page H7959]]

     percent higher than the total allowable catch for that 
     fishery during calendar year 2005.

                                H.R. 889

                    Offered By: Mr. Young of Alaska

       Amendment No. 15: Add at the end of title IV the following:

     SEC. __. 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 the 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''.

                                H.R. 889

                         Offered By: Mr. Inslee

       Amendment No. 16: At the end of title IV add the following:

     SEC. __. REIMBURSEMENT OF ADDITIONAL COSTS OF ELEVATED THREAT 
                   LEVELS.

       (a) Requirement.--The Secretary of Homeland Security, 
     acting through the Commandant of the Coast Guard, shall 
     reimburse port authorities, facility operators, and State and 
     local agencies, that are required under Federal law to 
     provide security services or funds to implement Area Maritime 
     Transportation Security Plans and facility security plans 
     under chapter 701 of title 46, United States Code, for 50 
     percent of eligible costs incurred by such persons in 
     implementing protective measures and countermeasures in 
     response to any public advisory or alert regarding a threat 
     to homeland security that is issued under the United States 
     Coast Guard Maritime Security (MARSEC) system or any 
     successor to such system, and that is above the baseline 
     threat level under that system.
       (b) Eligible Costs.--For purposes of subsection (a), 
     eligible costs consist of any of the following:
       (1) Salary, benefits, overtime compensation, retirement 
     contributions, and other costs of additional Coast Guard-
     mandated security personnel.
       (2) The cost of acquisition, operation, and maintenance of 
     security equipment or facilities to be used for security 
     monitoring and recording, security gates and fencing, marine 
     barriers for designated security zones, security-related 
     lighting systems, remote surveillance, concealed video 
     systems, security vessels, and other security-related 
     infrastructure or equipment that contributes to the overall 
     security of passengers, cargo, or crewmembers.
       (3) The cost of screening equipment, including equipment 
     that detects weapons of mass destruction and conventional 
     explosives, and of testing and evaluating such equipment, to 
     certify secure systems of transportation.
       (c) Subject to Appropriations.--The requirement to provide 
     reimbursement under this section is subject to the 
     availability of appropriations.