[Congressional Record Volume 152, Number 43 (Thursday, April 6, 2006)]
[House]
[Pages H1640-H1664]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




CONFERENCE REPORT ON H.R. 889, COAST GUARD AND MARITIME TRANSPORTATION 
                              ACT OF 2006

  Mr. LoBiondo (during the Special Order of Mr. Schiff) submitted the 
following conference report and statement on the bill (H.R. 889) to 
authorize appropriations for the Coast Guard for fiscal year 2006, to 
make technical corrections to various laws administered by the Coast 
Guard, and for other purposes:

                      Conference Report (H.R. 889)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     889), to authorize appropriations for the Coast Guard for 
     fiscal year 2006, to make technical corrections to various 
     laws administered by the Coast Guard, and for other purposes, 
     having met, after full and free conference, have agreed to 
     recommend and do recommend to their respective Houses as 
     follows:
       That the House recede from its disagreement to the 
     amendment of the Senate and agree to the same with an 
     amendment as follows:
       In lieu of the matter proposed to be inserted by the Senate 
     amendment, insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Coast Guard and Maritime 
     Transportation Act of 2006''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

                         TITLE I--AUTHORIZATION

Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Supplemental authorization of appropriations.
Sec. 104. Web-based risk management data system.

                         TITLE II--COAST GUARD

Sec. 201. Extension of Coast Guard vessel anchorage and movement 
              authority.
Sec. 202. International training and technical assistance.
Sec. 203. Officer promotion.
Sec. 204. Coast Guard band director.
Sec. 205. Authority for one-step turnkey design-build contracting.
Sec. 206. Reserve recall authority.
Sec. 207. Reserve officer distribution.
Sec. 208. Expansion of use of auxiliary equipment to support Coast 
              Guard missions.
Sec. 209. Coast Guard history fellowships.
Sec. 210. Icebreakers.
Sec. 211. Operation as a service in the Navy.
Sec. 212. Limitation on moving assets to St. Elizabeth's Hospital.
Sec. 213. Cooperative agreements.
Sec. 214. Biodiesel feasibility study.
Sec. 215. Boating safety director.
Sec. 216. Hangar at Coast Guard Air Station Barbers Point.
Sec. 217. Promotion of Coast Guard officers.
Sec. 218. Redesignation of Coast Guard law specialists as judge 
              advocates.

                   TITLE III--SHIPPING AND NAVIGATION

Sec. 301. Treatment of ferries as passenger vessels.
Sec. 302. Great Lakes pilotage annual ratemaking.
Sec. 303. Certification of vessel nationality in drug smuggling cases.
Sec. 304. LNG tankers.
Sec. 305. Use of maritime safety and security teams.

[[Page H1641]]

Sec. 306. Enhanced civil penalties for violations of provisions enacted 
              by the Coast Guard and Maritime Transportation Act of 
              2004.
Sec. 307. Training of cadets at United States Merchant Marine Academy.
Sec. 308. Reports from mortgagees of vessels.
Sec. 309. Determination of the Secretary.
Sec. 310. Setting, relocating, and recovering anchors.
Sec. 311. International tonnage measurement of vessels engaged in the 
              Aleutian trade.
Sec. 312. Riding gangs.

                        TITLE IV--MISCELLANEOUS

Sec. 401. Authorization of junior reserve officers training program 
              pilot program.
Sec. 402. Transfer.
Sec. 403. Loran-C.
Sec. 404. Long-range vessel tracking system.
Sec. 405. Marine vessel and cold water safety education.
Sec. 406. Reports.
Sec. 407. Conveyance of decommissioned Coast Guard Cutter MACKINAW.
Sec. 408. Deepwater reports.
Sec. 409. Helicopters.
Sec. 410. Newtown Creek, New York City, New York.
Sec. 411. Report on technology.
Sec. 412. Assessment and planning.
Sec. 413. Homeport.
Sec. 414. Opinions regarding whether certain facilities create 
              obstructions to navigation.
Sec. 415. Port Richmond.
Sec. 416. Western Alaska community development quota program.
Sec. 417. Quota share allocation.
Sec. 418. Maine fish tender vessels.
Sec. 419. Automatic identification system.
Sec. 420. Voyage data recorder study and report.
Sec. 421. Distant water tuna fleet.

                          TITLE V--LIGHTHOUSES

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

  TITLE VI--DELAWARE RIVER PROTECTION AND MISCELLANEOUS OIL PROVISIONS

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

                     TITLE VII--HURRICANE RESPONSE

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

              TITLE VIII--OCEAN COMMISSION RECOMMENDATIONS

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

                    TITLE IX--TECHNICAL CORRECTIONS

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

                         TITLE I--AUTHORIZATION

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       Funds are authorized to be appropriated for fiscal year 
     2006 for necessary expenses of the Coast Guard as follows:
       (1) For the operation and maintenance of the Coast Guard, 
     $5,633,900,000, of which $24,500,000 is authorized to be 
     derived from the Oil Spill Liability Trust Fund to carry out 
     the purposes of section 1012(a)(5) of the Oil Pollution Act 
     of 1990 (33 U.S.C. 2712(a)(5)).
       (2) For the acquisition, construction, rebuilding, and 
     improvement of aids to navigation, shore and offshore 
     facilities, vessels, and aircraft, including equipment 
     related thereto, $1,903,821,000, of which--
       (A) $20,000,000 shall be derived from the Oil Spill 
     Liability Trust Fund to carry out the purposes of section 
     1012(a)(5) of the Oil Pollution Act of 1990, to remain 
     available until expended;
       (B) $1,316,300,000 is authorized for acquisition and 
     construction of shore and offshore facilities, vessels, and 
     aircraft, including equipment related thereto, and other 
     activities that constitute the Integrated Deepwater Systems; 
     and
       (C) $284,369,000 is authorized for sustainment of legacy 
     vessels and aircraft, including equipment related thereto, 
     and other activities that constitute the Integrated Deepwater 
     Systems.
       (3) To the Commandant of the Coast Guard for research, 
     development, test, and evaluation of technologies, materials, 
     and human factors directly relating to improving the 
     performance of the Coast Guard's mission in search and 
     rescue, aids to navigation, marine safety, marine 
     environmental protection, enforcement of laws and treaties, 
     ice operations, oceanographic research, and defense 
     readiness, $24,000,000, to remain available until expended, 
     of which $3,500,000 shall be derived from the Oil Spill 
     Liability Trust Fund to carry out the purposes of section 
     1012(a)(5) of the Oil Pollution Act of 1990.
       (4) For retired pay (including the payment of obligations 
     otherwise chargeable to lapsed appropriations for this 
     purpose), payments under the Retired Serviceman's Family 
     Protection and Survivor Benefit Plans, and payments for 
     medical care of retired personnel and their dependents under 
     chapter 55 of title 10, United States Code, $1,014,080,000, 
     to remain available until expended.
       (5) For alteration or removal of bridges over navigable 
     waters of the United States constituting obstructions to 
     navigation, and for personnel and administrative costs 
     associated with the Bridge Alteration Program, $38,400,000.
       (6) For environmental compliance and restoration at Coast 
     Guard facilities (other than parts and equipment associated 
     with operation and maintenance), $12,000,000, to remain 
     available until expended.
       (7) For the Coast Guard Reserve program, including 
     personnel and training costs, equipment, and services, 
     $119,000,000.

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

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

     SEC. 103. SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization of Appropriations.--In addition to 
     amounts provided to the Coast Guard from another Federal 
     agency for reimbursement of expenditures for Hurricane 
     Katrina, there are authorized to be appropriated to the 
     Secretary of the department in which the Coast Guard is 
     operating the following amounts for nonreimbursed 
     expenditures:
       (1) For the operation and maintenance of the Coast Guard in 
     responding to Hurricane Katrina, including search and rescue 
     efforts, clearing channels, and emergency response to oil and 
     chemical spills, and for increased costs of operation and 
     maintenance of the Coast Guard due to higher than expected 
     fuel costs, $300,000,000.
       (2) For the acquisition, construction, renovation, and 
     improvement of aids to navigation, shore and offshore 
     facilities, and vessels and aircraft, including equipment 
     related thereto, related to damage caused by Hurricane 
     Katrina, $200,000,000.
       (b) Construction With Other Funding.--The amounts 
     authorized to be appropriated by subsection (a) are in 
     addition to any other amounts authorized to be appropriated 
     to the Secretary of the department in which the Coast Guard 
     is operating under any other provision of law.
       (c) Availability.--The amounts made available under 
     subsection (a) shall remain available until expended.

     SEC. 104. WEB-BASED RISK MANAGEMENT DATA SYSTEM.

       There is authorized to be appropriated for each of fiscal 
     years 2006 and 2007 to the Secretary of the department in 
     which the Coast Guard is operating $1,000,000 to continue 
     deployment of a World Wide Web-based risk management system 
     to help reduce accidents and fatalities.

                         TITLE II--COAST GUARD

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

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

     SEC. 202. INTERNATIONAL TRAINING AND TECHNICAL ASSISTANCE.

       (a) In General.--Section 149 of title 14, United States 
     Code, is amended--
       (1) by amending the section heading to read as follows:

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

       (2) by inserting before the undesignated text the 
     following:

[[Page H1642]]

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

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

     SEC. 203. OFFICER PROMOTION.

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

     SEC. 204. COAST GUARD BAND DIRECTOR.

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

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

       (a) In General.--Chapter 17 of title 14, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 677. Turnkey selection procedures

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

``677. Turnkey selection procedures.''.

     SEC. 206. RESERVE RECALL AUTHORITY.

       Section 712 of title 14, United States Code, is amended--
       (1) in subsection (a) by striking ``during a'' and 
     inserting ``during a, or to aid in prevention of an 
     imminent,'';
       (2) in subsection (a) by striking ``or catastrophe,'' and 
     inserting ``catastrophe, act of terrorism (as defined in 
     section 2(15) of the Homeland Security Act of 2002 (6 U.S.C. 
     101(15))), or transportation security incident as defined in 
     section 70101 of title 46,'';
       (3) in subsection (a) by striking ``thirty days in any 
     four-month period'' and inserting ``60 days in any 4-month 
     period'';
       (4) in subsection (a) by striking ``sixty days in any two-
     year period'' and inserting ``120 days in any 2-year 
     period''; and
       (5) by adding at the end the following:
       ``(e) For purposes of calculating the duration of active 
     duty allowed pursuant to subsection (a), each period of 
     active duty shall begin on the first day that a member 
     reports to active duty, including for purposes of 
     training.''.

     SEC. 207. RESERVE OFFICER DISTRIBUTION.

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

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

       (a) Use of Motorized Vehicles.--Section 826 of title 14, 
     United States Code, is amended--
       (1) by inserting before the undesignated text the 
     following:
       ``(a) Motor Boats, Yachts, Aircraft, and Radio Stations.--
     ''; and
       (2) by adding at the end the following new subsection:
       ``(b) Motor Vehicles.--The Coast Guard may utilize to carry 
     out its functions and duties as authorized by the Secretary 
     any motor vehicle (as defined in section 154 of title 23, 
     United States Code) placed at its disposition by any member 
     of the Auxiliary, by any corporation, partnership, or 
     association, or by any State or political subdivision 
     thereof, to tow Federal Government property.''.
       (b) Appropriations for Facilities.--Section 830(a) of such 
     title is amended by striking ``or radio station'' each place 
     it appears and inserting ``radio station, or motorized 
     vehicle utilized under section 826(b)''.

     SEC. 209. COAST GUARD HISTORY FELLOWSHIPS.

       (a) Fellowships Authorized.--Chapter 9 of title 14, United 
     States Code, is amended by adding at the end the following:

     ``Sec. 198. Coast Guard history fellowships

       ``(a) Fellowships.--The Commandant of the Coast Guard may 
     prescribe regulations under which the Commandant may award 
     fellowships in Coast Guard history to individuals who are 
     eligible under subsection (b).
       ``(b) Eligible Individuals.--An individual shall be 
     eligible under this subsection if the individual is a citizen 
     or national of the United States and--
       ``(1) is a graduate student in United States history;
       ``(2) has completed all requirements for a doctoral degree 
     other than preparation of a dissertation; and
       ``(3) agrees to prepare a dissertation in a subject area of 
     Coast Guard history determined by the Commandant.
       ``(c) Limitations.--The Commandant may award up to 2 
     fellowships annually. The Commandant may not award any 
     fellowship under this section that exceeds $25,000 in any 
     year.
       ``(d) Regulations.--The regulations prescribed under this 
     section shall include--
       ``(1) the criteria for award of fellowships;
       ``(2) the procedures for selecting recipients of 
     fellowships;
       ``(3) the basis for determining the amount of a fellowship; 
     and
       ``(4) subject to the availability of appropriations, the 
     total amount that may be awarded as fellowships during an 
     academic year.''.
       (b) Clerical Amendment.--The analysis at the beginning of 
     such chapter is amended by adding at the end the following:

``198. Coast Guard history fellowships.''.

     SEC. 210. ICEBREAKERS.

       (a) Operation and Maintenance Plan.--Not later than 90 days 
     after the date of enactment of this Act, the Secretary of the 
     department in which the Coast Guard is operating shall submit 
     to the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation of the Senate a plan--
       (1) for operation and maintenance after fiscal year 2006 of 
     the Coast Guard polar icebreakers POLAR STAR, POLAR SEA, and 
     HEALY, that does not rely on the transfer of funds to the 
     Coast Guard by any other Federal agency; and
       (2) for the long-term recapitalization of these assets.
       (b) Necessary Measures.--The Secretary shall take all 
     necessary measures to ensure that the Coast Guard maintains, 
     at a minimum, its current vessel capacity for carrying out 
     ice breaking in the Arctic and Antarctic, Great Lakes, and 
     New England regions, including the necessary funding for 
     operation and maintenance of such vessels, until it has 
     implemented the long-term recapitalization of the Coast Guard 
     polar icebreakers POLAR STAR, POLAR SEA, and HEALY in 
     accordance with the plan submitted under subsection (a).
       (c) Reimbursement.--Nothing in this section shall preclude 
     the Secretary from seeking reimbursement for operation and 
     maintenance costs of such polar icebreakers from other 
     Federal agencies and entities, including foreign countries, 
     that benefit from the use of the icebreakers.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated for fiscal year 2006 to the Secretary of 
     the department in which the Coast Guard is operating 
     $100,000,000 to carry out this section with respect to the 
     polar icebreakers referred to in subsection (a).

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

       Section 3 of title 14, United States Code, is amended by 
     inserting ``if Congress so directs in

[[Page H1643]]

     the declaration'' after ``Upon the declaration of war''.

     SEC. 212. LIMITATION ON MOVING ASSETS TO ST. ELIZABETH'S 
                   HOSPITAL.

        The Commandant of the Coast Guard may not move any Coast 
     Guard personnel, property, or other assets to the West Campus 
     of St. Elizabeth's Hospital until the Administrator of 
     General Services submits to the Committee on Transportation 
     and Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation and the 
     Committee on Environment and Public Works of the Senate a 
     plan--
       (1) to provide road access to the site from Interstate 
     Route 295;
       (2) for the design of facilities for at least one Federal 
     agency other than the Coast Guard that would house no fewer 
     than 2,000 employees at such location;
       (3) to provide transportation of employees and visitors to 
     and from sites in the District of Columbia metropolitan area 
     that are located within close proximity to St. Elizabeth's 
     Hospital;
       (4) for the construction, facade, and layout of the 
     proposed structures, including security considerations, 
     parking facilities, medical facilities, dining facilities, 
     and physical exercise facilities on the West Campus;
       (5) that analyzes the costs of building restrictions, 
     planning considerations, and permitting requirements of 
     constructing new facilities on or near historic landmarks and 
     historic buildings (especially those known to possess medical 
     waste, lead paint, and asbestos);
       (6) that analyzes the feasibility of relocating Coast Guard 
     Headquarters--
       (A) to the Department of Transportation Headquarters 
     located at L'Enfant Plaza;
       (B) to the Waterfront Mall Complex in Southwest District of 
     Columbia; and
       (C) to 3 alternative sites requiring either new 
     construction or leasing of current facilities (other than 
     those referred to in subparagraphs (A) and (B)) within the 
     District of Columbia metropolitan area that accommodate the 
     Coast Guard's minimum square footage requirements; and
       (7) that analyzes how a potential move to the West Campus 
     of St. Elizabeth's Hospital would impact--
       (A) the Coast Guard's ability to access and cooperatively 
     work with the Department of Homeland Security and the other 
     Federal agencies of the Department; and
       (B) plans under consideration for relocating all or parts 
     of the headquarters of the Department of Homeland Security 
     and other offices of the Department.

     SEC. 213. COOPERATIVE AGREEMENTS.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary of the department in which the Coast Guard 
     is operating shall provide a report to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives on opportunities for cost savings and 
     operational efficiencies that can be achieved through and the 
     feasibility of colocating Coast Guard assets and personnel at 
     facilities of other armed forces throughout the United 
     States. The report shall--
       (1) identify opportunities for cooperative agreements with 
     respect to siting of assets or operations that may be 
     established between the Coast Guard and any of the other 
     armed forces; and
       (2) analyze anticipated costs and benefits, and operational 
     impacts associated with each site and such agreements.

     SEC. 214. BIODIESEL FEASIBILITY STUDY.

       (a) Study.--The Secretary of the department in which the 
     Coast Guard is operating shall conduct a study that examines 
     the technical feasibility, costs, and potential cost savings 
     of using biodiesel fuel in new and existing Coast Guard 
     vehicles and vessels and that focuses on the use of biodiesel 
     fuel in ports which have a high density of vessel traffic, 
     including ports for which vessel traffic systems have been 
     established.
       (b) Report.--Not later than one year after the date of 
     enactment of this Act, the Secretary shall submit a report 
     containing the findings, conclusions, and recommendations (if 
     any) from the study to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.

     SEC. 215. BOATING SAFETY DIRECTOR.

       (a) In General.--Subchapter A of chapter 11 of title 14, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 216. Director of Boating Safety Office

       ``The initial appointment of the Director of the Boating 
     Safety Office shall be in the grade of Captain.''.
       (b) Clerical Amendment.--The analysis for such chapter is 
     amended by inserting after the item relating to section 215 
     the following:

``216. Director of Boating Safety Office.''.

     SEC. 216. HANGAR AT COAST GUARD AIR STATION BARBERS POINT.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary of the department in which the Coast Guard 
     is operating shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a proposal and cost analysis for constructing 
     an enclosed hangar at Air Station Barbers Point, Hawaii. The 
     proposal should ensure that the hangar has the capacity to 
     shelter current aircraft assets and those projected to be 
     located at the station over the next 20 years.

     SEC. 217. PROMOTION OF COAST GUARD OFFICERS.

       (a) In General.--Section 211(a) of title 14, United States 
     Code, is amended to read as follows:
       ``(a)(1) The President may appoint permanent commissioned 
     officers in the Regular Coast Guard in grades appropriate to 
     their qualification, experience, and length of service, as 
     the needs of the Coast Guard may require, from among the 
     following categories:
       ``(A) Graduates of the Coast Guard Academy.
       ``(B) Commissioned warrant officers, warrant officers, and 
     enlisted members of the Regular Coast Guard.
       ``(C) Members of the Coast Guard Reserve who have served at 
     least 2 years as such.
       ``(D) Licensed officers of the United States merchant 
     marine who have served 2 or more years aboard a vessel of the 
     United States in the capacity of a licensed officer.
       ``(2) Original appointments under this section in the 
     grades of lieutenant commander and above shall be made by the 
     President by and with the advice and consent of the Senate.
       ``(3) Original appointments under this section in the 
     grades of ensign through lieutenant shall be made by the 
     President alone.''.
       (b) Wartime Temporary Service Promotion.--Section 275(f) of 
     such title is amended by striking the second and third 
     sentences and inserting ``Original appointments under this 
     section in the grades of lieutenant commander and above shall 
     be made by the President by and with the advice and consent 
     of the Senate. Original appointments under this section in 
     the grades of ensign through lieutenant shall be made by the 
     President alone.''.

     SEC. 218. REDESIGNATION OF COAST GUARD LAW SPECIALISTS AS 
                   JUDGE ADVOCATES.

       (a) Definitions in Title 10.--Section 801 of title 10, 
     United States Code, is amended--
       (1) by striking paragraph (11); and
       (2) in paragraph (13) by striking subparagraph (C) and 
     inserting the following:
       ``(C) a commissioned officer of the Coast Guard designated 
     for special duty (law).''.
       (b) Conforming Amendments.--
       (1) Title 14.--Section 727 of title 14, United States Code, 
     is amended by striking ``law specialist'' and inserting 
     ``judge advocate''.
       (2) Social security act.--Section 465(a)(2) of the Social 
     Security Act (42 U.S.C. 665(a)(2)) is amended by striking 
     ``law specialist'' and inserting ``judge advocate''.

                   TITLE III--SHIPPING AND NAVIGATION

     SEC. 301. TREATMENT OF FERRIES AS PASSENGER VESSELS.

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

     SEC. 302. GREAT LAKES PILOTAGE ANNUAL RATEMAKING.

       Section 9303 of title 46, United States Code, is amended--
       (1) in subsection (f) by inserting at the end the 
     following: ``The Secretary shall establish new pilotage rates 
     by March 1 of each year. The Secretary shall establish base 
     pilotage rates by a full ratemaking at least once every 5 
     years and shall conduct annual reviews of such base pilotage 
     rates, and make adjustments to such base rates, in each 
     intervening year.''; and
       (2) by adding at the end the following:
       ``(g) The Secretary shall ensure that a sufficient number 
     of individuals are assigned to carrying out subsection 
     (f).''.

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

       Section 3(c)(2) of the Maritime Drug Law Enforcement Act 
     (46 U.S.C. App. 1903(c)(2)) is amended by striking the last 
     two sentences and inserting the following: ``The response of 
     a foreign nation to a claim of registry under subparagraph 
     (A) or (C) may be made by radio, telephone, or similar oral 
     or electronic means, and is conclusively proved by 
     certification of the Secretary of State or the Secretary's 
     designee.''.

     SEC. 304. LNG TANKERS.

       (a) Program.--The Secretary of Transportation shall develop 
     and implement a program to promote the transportation of 
     liquefied natural gas to the United States on United States 
     flag vessels.
       (b) Amendment to Deepwater Port Act.--Section 4 of the 
     Deepwater Port Act of 1974 (33 U.S.C. 1503) is amended by 
     adding at the end the following:
       ``(i) To promote the security of the United States, the 
     Secretary shall give top priority to the processing of a 
     license under this Act for liquefied natural gas 
     facilities that will be supplied with liquefied natural 
     gas by United States flag vessels.''.
       (c) Public Notice of LNG Vessel's Registry and Crew.--

[[Page H1644]]

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

     SEC. 305. USE OF MARITIME SAFETY AND SECURITY TEAMS.

       Section 70106(b)(8) of title 46, United States Code, is 
     amended by striking ``other security missions'' and inserting 
     ``any other missions of the Coast Guard''.

     SEC. 306. ENHANCED CIVIL PENALTIES FOR VIOLATIONS OF 
                   PROVISIONS ENACTED BY THE COAST GUARD AND 
                   MARITIME TRANSPORTATION ACT OF 2004.

       (a) Continuing Violations.--The section enumerated 70119 of 
     title 46, United States Code, as redesignated and transferred 
     by section 802(a)(1) of the Coast Guard and Maritime 
     Transportation Security Act of 2004 (118 Stat. 1078), 
     relating to civil penalty, is amended--
       (1) by inserting ``(a) In General.--'' before ``Any'';
       (2) by striking ``violation.'' and inserting ``day during 
     which the violation continues.''; and
       (3) by adding at the end the following:
       ``(b) Continuing Violations.--The maximum amount of a civil 
     penalty for a violation under this section shall not exceed 
     $50,000.''.
       (b) Application of Civil Penalty Procedures.--Section 2107 
     of title 46, United States Code, is amended by striking 
     ``this subtitle'' each place it appears and inserting ``this 
     subtitle or subtitle VII''.

     SEC. 307. TRAINING OF CADETS AT UNITED STATES MERCHANT MARINE 
                   ACADEMY.

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

     SEC. 308. REPORTS FROM MORTGAGEES OF VESSELS.

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

     SEC. 309. DETERMINATION OF THE SECRETARY.

       Section 70105(c) of title 46, United States Code, is 
     amended--
       (1) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (2) by inserting after paragraph (2) the following:
       ``(3) Denial of waiver review.--
       ``(A) In general.--The Secretary shall establish a review 
     process before an administrative law judge for individuals 
     denied a waiver under paragraph (2).
       ``(B) Scope of review.--In conducting a review under the 
     process established pursuant to subparagraph (A), the 
     administrative law judge shall be governed by the standards 
     of section 706 of title 5. The substantial evidence standard 
     in section 706(2)(E) of title 5 shall apply whether or not 
     there has been an agency hearing. The judge shall review all 
     facts on the record of the agency.
       ``(C) Classified evidence.--The Secretary, in consultation 
     with the National Intelligence Director, shall issue 
     regulations to establish procedures by which the Secretary, 
     as part of a review conducted under this paragraph, may 
     provide to the individual adversely affected by the 
     determination an unclassified summary of classified evidence 
     upon which the denial of a waiver by the Secretary was based.
       ``(D) Review of classified evidence by administrative law 
     judge.--
       ``(i) Review.--As part of a review conducted under this 
     section, if the decision of the Secretary was based on 
     classified information (as defined in section 1(a) of the 
     Classified Information Procedures Act (18 U.S.C. App.)), such 
     information may be submitted by the Secretary to the 
     reviewing administrative law judge, pursuant to appropriate 
     security procedures, and shall be reviewed by the 
     administrative law judge ex parte and in camera.
       ``(ii) Security clearances.--Pursuant to existing 
     procedures and requirements, the Secretary, in coordination 
     (as necessary) with the heads of other affected departments 
     or agencies, shall ensure that administrative law judges 
     reviewing negative waiver decisions of the Secretary under 
     this paragraph possess security clearances appropriate for 
     such review.
       ``(iii) Unclassified summaries of classified evidence.--As 
     part of a review conducted under this paragraph and upon the 
     request of the individual adversely affected by the decision 
     of the Secretary not to grant a waiver, the Secretary shall 
     provide to the individual and reviewing administrative law 
     judge, consistent with the procedures established under 
     clause (i), an unclassified summary of any classified 
     information upon which the decision of the Secretary was 
     based.
       ``(E) New evidence.--The Secretary shall establish a 
     process under which an individual may submit a new request 
     for a waiver, notwithstanding confirmation by the 
     administrative law judge of the Secretary's initial denial of 
     the waiver, if the request is supported by substantial 
     evidence that was not available to the Secretary at the time 
     the initial waiver request was denied.''.

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

       Section 12105 of title 46, United States Code, is amended 
     by adding at the end the following:
       ``(c)(1) Only a vessel for which a certificate of 
     documentation with a registry endorsement is issued may 
     engage in--
       ``(A) the setting, relocation, or recovery of the anchors 
     or other mooring equipment of a mobile offshore drilling unit 
     that is located over the outer Continental Shelf (as defined 
     in section 2(a) of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1331(a))); or
       ``(B) the transportation of merchandise or personnel to or 
     from a point in the United States from or to a mobile 
     offshore drilling unit located over the outer Continental 
     Shelf that is not attached to the seabed.
       ``(2) Nothing in paragraph (1) authorizes the employment in 
     the coastwise trade of a vessel that does not meet the 
     requirements of section 12106 of this title.''.

     SEC. 311. INTERNATIONAL TONNAGE MEASUREMENT OF VESSELS 
                   ENGAGED IN THE ALEUTIAN TRADE.

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

     SEC. 312. RIDING GANGS.

       (a) In General.--Chapter 81 of title 46, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 8106. Riding gangs

       ``(a) In General.--The owner or managing operator of a 
     freight vessel of the United States on voyages covered by the 
     International Convention for Safety of Life at Sea, 1974 (32 
     UST 47m) shall--
       ``(1) ensure that--
       ``(A) subject to subsection (d), each riding gang member on 
     the vessel--
       ``(i) is a United States citizen or an alien lawfully 
     admitted to the United States for permanent residence; or
       ``(ii) possesses a United States nonimmigrant visa for 
     individuals desiring to enter the United States temporarily 
     for business, employment-related and personal identifying 
     information, and any other documentation required by the 
     Secretary;
       ``(B) all required documentation for such member is kept on 
     the vessel and available for inspection by the Secretary; and
       ``(C) each riding gang member is identified on the vessel's 
     crew list;
       ``(2) ensure that--
       ``(A) the owner or managing operator attests in a 
     certificate that the background of each riding gang member 
     has been examined and found to be free of any credible 
     information indicating a material risk to the security of the 
     vessel, the vessel's cargo, the ports the vessel visits, or 
     other individuals onboard the vessel;
       ``(B) the background check consisted of a search of all 
     information reasonably available to the owner or managing 
     operator in the riding gang member's country of citizenship 
     and any other country in which the riding gang member works, 
     receives employment referrals, or resides;
       ``(C) the certificate required under subparagraph (A) is 
     kept on the vessel and available for inspection by the 
     Secretary; and
       ``(D) the information derived from any such background 
     check is made available to the Secretary upon request;
       ``(3) ensure that each riding gang member, while on board 
     the vessel, is subject to the same random chemical testing 
     and reporting regimes as crew members;
       ``(4) ensure that each such riding gang member receives 
     basic safety familiarization and basic safety training 
     approved by the Coast Guard as satisfying the requirements 
     for such training under the International Convention of 
     Training, Certification, and Watchkeeping for Seafarers, 
     1978;

[[Page H1645]]

       ``(5) prevent from boarding the vessel, or cause the 
     removal from the vessel at the first available port, and 
     disqualify from future service on board any other vessel 
     owned or operated by that owner or operator, any riding gang 
     member--
       ``(A) who has been convicted in any jurisdiction of an 
     offense described in paragraph (2) or (3) of section 7703;
       ``(B) whose license, certificate of registry, or merchant 
     mariner's document has been suspended or revoked under 
     section 7704; or
       ``(C) who otherwise constitutes a threat to the safety of 
     the vessel;
       ``(6) ensure and certify to the Secretary that the sum of--
       ``(A) the number of riding gang members on board a freight 
     vessel, and
       ``(B) the number of individuals in addition to crew 
     permitted under section 3304,

     does not exceed 12;
       ``(7) ensure that every riding gang member is employed on 
     board the vessel under conditions that meet or exceed the 
     minimum international standards of all applicable 
     international labor conventions to which the United States is 
     a party, including all of the merchant seamen protection and 
     relief provided under United States law; and
       ``(8) ensure that each riding gang member--
       ``(A) is supervised by an individual who holds a license 
     issued under chapter 71; and
       ``(B) only performs work in conjunction with individuals 
     who hold merchant mariners documents issued under chapter 73 
     and who are part of the vessel's crew.
       ``(b) Permitted Work.--Subject to subsection (f), a riding 
     gang member on board a vessel to which subsection (a) applies 
     who is neither a United States citizen nor an alien lawfully 
     admitted to the United States for permanent residence may not 
     perform any work on board the vessel other than--
       ``(1) work in preparation of a vessel entering a shipyard 
     located outside of the United States;
       ``(2) completion of the residual repairs after departing a 
     shipyard located outside of the United States; or
       ``(3) technical in-voyage repairs, in excess of any repairs 
     that can be performed by the vessel's crew, in order to 
     advance the vessel's useful life without having to actually 
     enter a shipyard.
       ``(c) Workday Limit.--
       ``(1) In general.--The maximum number of days in any 
     calendar year that the owner or operator of a vessel to which 
     subsection (a) applies may employ on board riding gang 
     members who are neither United States citizens nor aliens 
     lawfully admitted to the United States for permanent 
     residence for work on board that vessel is 60 days. If the 
     vessel is at sea on the 60th day, each riding gang member 
     shall be discharged from the vessel at the next port of call 
     reached by the vessel after the date on which the 60-workday 
     limit is reached.
       ``(2) Calculation.--For the purpose of calculating the 60-
     workday limit under this subsection, each day worked by a 
     riding gang member who is neither a United States citizen nor 
     an alien lawfully admitted to the United States for permanent 
     residence shall be counted against the limitation.
       ``(d) Exceptions for Warranty Work.--
       ``(1) In general.--Subsections (b), (c), (e), and (f) do 
     not apply to a riding gang member employed exclusively to 
     perform, and who performs only, work that is--
       ``(A) customarily performed by original equipment 
     manufacturers' technical representatives;
       ``(B) required by a manufacturer's warranty on specific 
     machinery and equipment; or
       ``(C) required by a contractual guarantee or warranty on 
     actual repairs performed in a shipyard located outside of the 
     United States.
       ``(2) Citizenship requirement.--Subsection (a)(1)(A) 
     applies only to a riding gang member described in paragraph 
     (1) who is on the vessel when it calls at a United States 
     port.
       ``(e) Recordkeeping.--In addition to the requirements of 
     subsection (a), the owner or managing operator of a vessel to 
     which subsection (a) applies shall ensure that all 
     information necessary to ensure compliance with this section, 
     as determined by the Secretary, is entered into the vessel's 
     official logbook required by chapter 113.
       ``(f) Failure to Employ Qualified Available U.S. Citizens 
     or Residents.--
       ``(1) In general.--The owner or operator of a vessel to 
     which subsection (a) applies may not employ a riding gang 
     member who is neither a United States citizen nor an alien 
     lawfully admitted to the United States for permanent 
     residence to perform work described in subsection (b) unless 
     the owner or operator determines, in accordance with 
     procedures established by the Secretary to carry out section 
     8103(b)(3)(C), that there is not a sufficient number of 
     United States citizens or individuals lawfully admitted to 
     the United States for permanent residence who are qualified 
     and available for the work for which the riding gang member 
     is to be employed.
       ``(2) Civil penalty.--A violation of paragraph (1) is 
     punishable by a civil penalty of not more than $10,000 for 
     each day during which the violation continues.
       ``(3) Continuing violations.--The maximum amount of a civil 
     penalty for a violation under this subsection shall not 
     exceed--
       ``(A) $50,000 if the violation occurs in fiscal year 2006;
       ``(B) $75,000 if the violation occurs in fiscal year 2007; 
     and
       ``(C) $100,000 if the violation occurs after fiscal year 
     2007.
       ``(4) Determination of amount.--In determining the amount 
     of the penalty, the Secretary shall take into account the 
     nature, circumstances, extent, and gravity of the violation 
     committed and, with respect to the violator, the degree of 
     culpability, the history of prior offenses, the ability to 
     pay, and such other matters as justice may require.
       ``(5) Compromise, modification, and remittal.--The 
     Secretary may compromise, modify, or remit, with or without 
     conditions, any civil penalty imposed under this section.''.
       (b) Riding Gang Member Defined.--Section 2101 of such title 
     is amended by inserting after paragraph (26) the following:
       ``(26a) `riding gang member' means an individual who--
       ``(A) has not been issued a merchant mariner document under 
     chapter 73;
       ``(B) does not perform--
       ``(i) watchstanding, automated engine room duty watch, or 
     personnel safety functions; or
       ``(ii) cargo handling functions, including any activity 
     relating to the loading or unloading of cargo, the operation 
     of cargo-related equipment (whether or not integral to the 
     vessel), and the handling of mooring lines on the dock when 
     the vessel is made fast or let go;
       ``(C) does not serve as part of the crew complement 
     required under section 8101;
       ``(D) is not a member of the steward's department; and
       ``(E) is not a citizen or temporary or permanent resident 
     of a country designated by the United States as a sponsor of 
     terrorism or any other country that the Secretary, in 
     consultation with the Secretary of State and the heads of 
     other appropriate United States agencies, determines to be a 
     security threat to the United States.''.
       (c) Conforming Amendments.--
       (1) Citizenship requirement.--Section 8103 of such title is 
     amended by adding at the end the following:
       ``(j) Riding Gang Member.--This section does not apply to 
     an individual who is a riding gang member.''.
       (2) Application of chapter 103.--Section 10301(b) of such 
     title is amended by striking ``voyage.'' and inserting 
     ``voyage or to riding gang members.''.
       (d) Clerical Amendment.--The analysis for chapter 81 of 
     such title is amended by adding at the end the following:

``8106. Riding gangs.''.

                        TITLE IV--MISCELLANEOUS

     SEC. 401. AUTHORIZATION OF JUNIOR RESERVE OFFICERS TRAINING 
                   PROGRAM PILOT PROGRAM.

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

     SEC. 402. TRANSFER.

       Section 602 of the Coast Guard and Maritime Transportation 
     Act of 2004 (118 Stat. 1050) is amended--
       (1) in subsection (b)(2) by striking ``to be conveyed'' and 
     all that follows through the period and inserting ``to be 
     conveyed to CAS Foundation, Inc. (a nonprofit corporation 
     under the laws of the State of Indiana).''; and
       (2) in subsection (c)(1)(A) by inserting ``or, in the case 
     of the vessel described in subsection (b)(2) only, for 
     humanitarian purposes'' before the semicolon at the end.

     SEC. 403. LORAN-C.

       There are authorized to be appropriated to the Department 
     of Transportation, in addition to funds authorized for the 
     Coast Guard for operation of the LORAN-C system, for capital 
     expenses related to LORAN-C navigation infrastructure, 
     $25,000,000 for fiscal year 2006 and $25,000,000 for fiscal 
     year 2007. The Secretary of Transportation may transfer from 
     the Federal

[[Page H1646]]

     Aviation Administration and other agencies of the Department 
     funds appropriated as authorized under this section in order 
     to reimburse the Coast Guard for related expenses.

     SEC. 404. LONG-RANGE VESSEL TRACKING SYSTEM.

       (a) Pilot Project.--The Secretary of the department in 
     which the Coast Guard is operating, acting through the 
     Commandant of the Coast Guard, shall conduct a 3-year pilot 
     program for long-range tracking of up to 2,000 vessels using 
     satellite systems with a nonprofit maritime organization that 
     has a demonstrated capability of operating a variety of 
     satellite communications systems providing data to vessel 
     tracking software and hardware that provides long-range 
     vessel information to the Coast Guard to aid maritime 
     security and response to maritime emergencies.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary $4,000,000 for each of 
     fiscal years 2006, 2007, and 2008 to carry out subsection 
     (a).

     SEC. 405. MARINE VESSEL AND COLD WATER SAFETY EDUCATION.

       The Coast Guard shall continue cooperative agreements and 
     partnerships with organizations in effect on the date of 
     enactment of this Act that provide marine vessel safety 
     training and cold water immersion education and outreach 
     programs for fishermen and children.

     SEC. 406. REPORTS.

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

     SEC. 407. CONVEYANCE OF DECOMMISSIONED COAST GUARD CUTTER 
                   MACKINAW.

       (a) In General.--Upon the scheduled decommissioning of the 
     Coast Guard Cutter MACKINAW, the Commandant of the Coast 
     Guard shall convey without consideration all right, title, 
     and interest of the United States in and to that vessel to 
     the Icebreaker Mackinaw Maritime Museum, Inc., located in the 
     State of Michigan if--
       (1) the recipient agrees--
       (A) to use the vessel for purposes of a museum;
       (B) not to use the vessel for commercial transportation 
     purposes;
       (C) to make the vessel available to the United States 
     Government if needed for use by the Commandant in time of war 
     or a national emergency; and
       (D) to hold the Government harmless for any claims arising 
     from exposure to hazardous materials, including asbestos and 
     polychlorinated biphenyls (PCBs), after conveyance of the 
     vessel, except for claims arising from the use by the 
     Government under subparagraph (C);
       (2) the recipient has funds available that will be 
     committed to operate and maintain the vessel conveyed in good 
     working condition, in the form of cash, liquid assets, or a 
     written loan commitment, and in an amount of at least 
     $700,000; and
       (3) the recipient agrees to any other conditions the 
     Commandant considers appropriate.
       (b) Maintenance and Delivery of Vessel.--
       (1) Maintenance.--Before conveyance of the vessel under 
     this section, the Commandant shall make, to the extent 
     practical and subject to other Coast Guard mission 
     requirements, every effort to maintain the integrity of the 
     vessel and its equipment until the time of delivery.
       (2) Delivery.--If a conveyance is made under this section, 
     the Commandant shall deliver the vessel to a suitable mooring 
     in the local area, in its present condition, no sooner than 
     June 15, 2006, and not later than 30 days after the date on 
     which the vessel is decommissioned.
       (3) Treatment of conveyance.--The conveyance of the vessel 
     under this section shall not be considered a distribution in 
     commerce for purposes of section 6(e) of Public Law 94-469 
     (15 U.S.C. 2605(e)).
       (c) Other Excess Equipment.--The Commandant may convey to 
     the recipient any excess equipment or parts from other 
     decommissioned Coast Guard vessels for use to enhance the 
     vessel's operability and function for purposes of a museum.

     SEC. 408. DEEPWATER REPORTS.

       (a) Annual Deepwater Implementation Report.--Not later than 
     30 days after the date of enactment of this Act and in 
     conjunction with the transmittal by the President of the 
     budget of the United States for each fiscal year thereafter, 
     the Secretary of the department in which the Coast Guard is 
     operating shall submit to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the implementation of the 
     Integrated Deepwater Systems Program, as revised in 2005 (in 
     this section referred to as the ``Deepwater program''), that 
     includes--
       (1) a justification for how the projected number and 
     capabilities of each Deepwater program asset meets the 
     revised mission needs statement delivered as part of the 
     Deepwater program and the performance goals of the Coast 
     Guard;
       (2) a projection of the remaining operational lifespan of 
     each legacy asset;
       (3) an identification of any changes to the Deepwater 
     program, including--
       (A) any changes to the timeline for the acquisition of each 
     new asset and the phase out of legacy assets for the life of 
     the Deepwater program; and
       (B) any changes to the costs for that fiscal year or future 
     fiscal years or the total costs of the Deepwater program, 
     including the costs of new and legacy assets;
       (4) a justification for how any change to the Deepwater 
     program fulfills the mission needs statement for the 
     Deepwater program and performance goals of the Coast Guard;
       (5) an identification of how funds in that fiscal year's 
     budget request will be allocated, including information on 
     the purchase of specific assets;
       (6) a detailed explanation of how the costs of the legacy 
     assets are being accounted for within the Deepwater program;
       (7) a description of how the Coast Guard is planning for 
     the integration of Deepwater program assets into the Coast 
     Guard, including needs related to shore-based infrastructure 
     and human resources; and
       (8) a description of the competitive process conducted in 
     all contracts and subcontracts exceeding $2,500,000 awarded 
     under the Deepwater program.
       (b) Deepwater Acceleration Report.--Not later than 30 days 
     after the date of enactment of this Act, the Secretary shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the acceleration of the current 
     Deepwater program acquisition timeline that reflects 
     completion of the Deepwater program in each of 10 years and 
     15 years and includes--
       (1) a detailed explanation of the number and type of each 
     asset that would be procured for each fiscal year under each 
     accelerated acquisition timeline;
       (2) the required funding for such completion under each 
     accelerated acquisition timeline;
       (3) anticipated costs associated with legacy asset 
     sustainment for the Deepwater program under each accelerated 
     acquisition timeline;
       (4) anticipated mission deficiencies, if any, associated 
     with the continued degradation of legacy assets in 
     combination with the procurement of new assets under each 
     accelerated acquisition timeline; and
       (5) an evaluation of the overall feasibility of achieving 
     each accelerated acquisition timeline, including--
       (A) contractor capacity;
       (B) national shipbuilding capacity;
       (C) asset integration into Coast Guard facilities;
       (D) required personnel; and
       (E) training infrastructure capacity on technology 
     associated with new assets.
       (c) Oversight Report.--Not later than 90 days after the 
     date of enactment of this Act, the Commandant of the Coast 
     Guard, in consultation with the Government Accountability 
     Office, shall submit to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the status of the Coast Guard's 
     implementation of the Government Accountability Office's 
     recommendations in its report, GAO-04-380, entitled ``Coast 
     Guard Deepwater Program Needs Increased Attention to 
     Management and Contractor Oversight'', including the dates by 
     which the Coast Guard plans to complete implementation of 
     such recommendations if any of such recommendations remain 
     open as of the date the report is transmitted to the 
     Committees.
       (d) Independent Analysis of Revised Deepwater Plan.--The 
     Secretary may periodically, either through an internal review 
     process or a contract with an outside entity, conduct an 
     analysis of all or part of the Deepwater program and assess 
     whether--
       (1) the choice of assets and capabilities selected as part 
     of that program meets the Coast Guard's goals for performance 
     and minimizing total ownership costs; or
       (2) additional or different assets should be considered as 
     part of that program.

     SEC. 409. HELICOPTERS.

       (a) Study.--The Secretary of the department in which the 
     Coast Guard is operating shall conduct a study that analyses 
     the potential impact on Coast Guard acquisitions of requiring 
     that the Coast Guard acquire only helicopters,

[[Page H1647]]

     or any major component of a helicopter, that are constructed 
     in the United States.
       (b) Study Elements.--The study shall include--
       (1) identification of additional costs or added benefits 
     that would result from the additional restrictions described 
     in subsection (a) on acquisitions from nondomestic sources, 
     including major components or subsystems;
       (2) industrial impact on the United States of such 
     additional restrictions on acquisitions from nondomestic 
     sources;
       (3) the contractual impact of such additional restrictions 
     on the Integrated Deepwater Systems Program and its platform 
     elements, including delivery interruptions in the program and 
     the subsequent mission impact of these delays; and
       (4) identification of reasonable executive authorities to 
     waive such additional restrictions that the Secretary 
     considers essential in order to ensure continued mission 
     performance of the United States Coast Guard.
       (c) Report.--Not later than one year after the date of 
     enactment of this Act, the Secretary shall submit a report on 
     the results of the study and any recommendations of the 
     Secretary regarding such results to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives.

     SEC. 410. NEWTOWN CREEK, NEW YORK CITY, NEW YORK.

       (a) Study.--Of the amounts provided under section 1012 of 
     the Oil Pollution Act of 1990 (33 U.S.C. 2712), the 
     Administrator of the Environmental Protection Agency shall 
     conduct a study of public health and safety concerns related 
     to the pollution of Newtown Creek, New York City, New York, 
     caused by seepage of oil into Newtown Creek from 17,000,000 
     gallons of underground oil spills in Greenpoint, Brooklyn, 
     New York.
       (b) Report.--Not later than one year after the date of 
     enactment of this Act, the Administrator shall submit a 
     report containing the results of the study to the Committee 
     on Environment and Public Works and the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives.

     SEC. 411. REPORT ON TECHNOLOGY.

       Not later than 180 days after the date of enactment of this 
     Act, the Commandant of the Coast Guard shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report that includes an 
     assessment of--
       (1) the availability and effectiveness of software 
     information technology systems for port security and the data 
     evaluated, including data that has the ability to identify 
     shippers, inbound vessels, and their cargo for potential 
     threats to national security before it reaches United States 
     ports, specifically the software already tested or being 
     tested at Joint Harbor Operations Centers; and
       (2) the costs associated with implementing such technology 
     at all Sector Command Centers, Joint Harbor Operations 
     Centers, and strategic defense and energy dependent ports.

     SEC. 412. ASSESSMENT AND PLANNING.

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

     SEC. 413. HOMEPORT.

       (a) Study.--The Commandant of the Coast Guard shall conduct 
     a study to assess the current homeport arrangement of the 
     Coast Guard polar icebreaker HEALY to determine whether an 
     alternative arrangement would enhance the Coast Guard's 
     capabilities to carry out the recommendation to maintain 
     dedicated, year-round icebreaker capability for the Arctic 
     that was included in the report prepared by the National 
     Academy of Sciences and entitled: ``Polar Icebreaker Roles 
     and U.S. Future Needs: A Preliminary Assessment (ISBN: 0-309-
     10069-0)''.
       (b) Report.--Not later than one year after the date of 
     enactment of this Act, the Commandant shall report the 
     findings of the study to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives.

     SEC. 414. OPINIONS REGARDING WHETHER CERTAIN FACILITIES 
                   CREATE OBSTRUCTIONS TO NAVIGATION.

       Section 14 of the Ports and Waterways Safety Act (33 U.S.C. 
     1232a)) is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following:
       ``(d) Wind Energy Facility.--
       ``(1) In general.--An offshore wind energy facility may not 
     be constructed in the area commonly known as `Nantucket 
     Sound' unless the construction of such facility is approved 
     by the Commandant of the Coast Guard.
       ``(2) Information.--A person proposing to build an offshore 
     wind energy facility in the area commonly known as `Nantucket 
     Sound' shall provide to the Commandant of the Coast Guard and 
     the Governor of any adjacent coastal State a plan for the 
     siting and construction of the facility, including the 
     location, size, and design of each wind turbine that will be 
     a part of the facility, any cable connecting the facility to 
     onshore sites, any other offshore components, and such other 
     information as the Commandant may require.
       ``(3) Limitation on approval.--The Commandant may not 
     approve the construction of a facility described in paragraph 
     (1) if--
       ``(A) within 90 days of the date of receipt of the plan for 
     the facility under paragraph (2), the Governor of an adjacent 
     coastal State makes a written determination that the Governor 
     opposes the proposed location for the facility and submits 
     the determination to the Commandant; or
       ``(B) the Commandant determines that the facility creates a 
     hazard to navigation.
       ``(4) Adjacent coastal state defined.--In this section, the 
     term `adjacent coastal State', as used with respect to a 
     proposed wind energy facility, is any coastal State which--
       ``(A) would be directly connected by a cable to the 
     facility; or
       ``(B) is located within 15 miles of the proposed location 
     of the facility.''.

     SEC. 415. PORT RICHMOND.

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

     SEC. 416. WESTERN ALASKA COMMUNITY DEVELOPMENT QUOTA PROGRAM.

       (a) Restatement of Existing Program Incorporating Certain 
     Provisions of Regulations.--Section 305(i) of the Magnuson-
     Stevens Fishery Conservation and Management Act (16 U.S.C. 
     1855(i)) is amended by striking paragraph (1) and inserting 
     the following:
       ``(1) Western alaska community development quota program.--
       ``(A) In general.--There is established the western Alaska 
     community development quota program in order--
       ``(i) to provide eligible western Alaska villages with the 
     opportunity to participate and invest in fisheries in the 
     Bering Sea and Aleutian Islands Management Area;
       ``(ii) to support economic development in western Alaska;
       ``(iii) to alleviate poverty and provide economic and 
     social benefits for residents of western Alaska; and
       ``(iv) to achieve sustainable and diversified local 
     economies in western Alaska.
       ``(B) Program allocation.--
       ``(i) In general.--Except as provided in clause (ii), the 
     annual percentage of the total allowable catch, guideline 
     harvest level, or other annual catch limit allocated to the 
     program in each directed fishery of the Bering Sea and 
     Aleutian Islands shall be the percentage approved by the 
     Secretary, or established by Federal law, as of March 1, 
     2006, for the program. The percentage for each fishery shall 
     be either a directed fishing allowance or include both 
     directed fishing and nontarget needs based on existing 
     practice with respect to the program as of March 1, 2006, for 
     each fishery.
       ``(ii) Exceptions.--Notwithstanding clause (i)--

       ``(I) the allocation under the program for each directed 
     fishery of the Bering Sea and Aleutian Islands (other than a 
     fishery for halibut, sablefish, pollock, and crab) shall be a 
     directed fishing allocation of 10 percent upon the 
     establishment of a quota program, fishing cooperative, sector 
     allocation, or other rationalization program in any sector of 
     the fishery; and
       ``(II) the allocation under the program in any directed 
     fishery of the Bering Sea and Aleutian Islands (other than a 
     fishery for halibut, sablefish, pollock, and crab) 
     established after the date of enactment of this subclause 
     shall be a directed fishing allocation of 10 percent.

       ``(iii) Processing and other rights.--Allocations to the 
     program include all processing rights and any other rights 
     and privileges associated with such allocations as of March 
     1, 2006.
       ``(iv) Regulation of harvest.--The harvest of allocations 
     under the program for fisheries with individual quotas or 
     fishing cooperatives shall be regulated by the Secretary in a 
     manner no more restrictive than for other participants in the 
     applicable sector, including with respect to the harvest of 
     nontarget species.
       ``(C) Allocations to entities.--Each entity eligible to 
     participate in the program shall be authorized under the 
     program to harvest annually the same percentage of each 
     species allocated to the program under subparagraph (B) that 
     it was authorized by the Secretary to harvest of such species 
     annually as of March 1, 2006, except to the extent that its 
     allocation is adjusted under subparagraph (H). Such 
     allocation shall include all processing rights and any other 
     rights and privileges associated with such allocations as of 
     March 1, 2006.
       ``(D) Eligible villages.--The following villages shall be 
     eligible to participate in the program through the following 
     entities:
       ``(i) The villages of Akutan, Atka, False Pass, Nelson 
     Lagoon, Nikolski, and Saint George through the Aleutian 
     Pribilof Island Community Development Association.
       ``(ii) The villages of Aleknagik, Clark's Point, 
     Dillingham, Egegik, Ekuk, Ekwok, King Salmon/Savonoski, 
     Levelock, Manokotak, Naknek, Pilot Point, Port Heiden, 
     Portage Creek, South Naknek, Togiak, Twin Hills, and 
     Ugashik through the Bristol Bay Economic Development 
     Corporation.
       ``(iii) The village of Saint Paul through the Central 
     Bering Sea Fishermen's Association.
       ``(iv) The villages of Chefornak, Chevak, Eek, Goodnews 
     Bay, Hooper Bay, Kipnuk, Kongiganak, Kwigillingok, Mekoryuk, 
     Napakiak, Napaskiak, Newtok, Nightmute, Oscarville, Platinum, 
     Quinhagak, Scammon Bay, Toksook Bay, Tuntutuliak, and Tununak 
     through the Coastal Villages Region Fund.
       ``(v) The villages of Brevig Mission, Diomede, Elim, 
     Gambell, Golovin, Koyuk, Nome, Saint Michael, Savoonga, 
     Shaktoolik, Stebbins, Teller, Unalakleet, Wales, and White 
     Mountain through the Norton Sound Economic Development 
     Corporation.
       ``(vi) The villages of Alakanuk, Emmonak, Grayling, Kotlik, 
     Mountain Village, and Nunam

[[Page H1648]]

     Iqua through the Yukon Delta Fisheries Development 
     Association.
       ``(E) Eligibility requirements for participating 
     entities.--To be eligible to participate in the program, an 
     entity referred to in subparagraph (D) shall meet the 
     following requirements:
       ``(i) Board of directors.--The entity shall be governed by 
     a board of directors. At least 75 percent of the members of 
     the board shall be resident fishermen from the entity's 
     member villages. The board shall include at least one 
     director selected by each such member village.
       ``(ii) Panel representative.--The entity shall elect a 
     representative to serve on the panel established by 
     subparagraph (G).
       ``(iii) Other investments.--The entity may make up to 20 
     percent of its annual investments in any combination of the 
     following:

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

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

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

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

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

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

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

       ``(iv) Reallocation of reduced amount.--If the State or the 
     Secretary reduces an entity's allocation under clause (iii), 
     the reduction shall be reallocated among other entities 
     participating in the program whose allocations are not 
     reduced during the same period in proportion to each such 
     entity's allocation of the applicable species under 
     subparagraph (C).
       ``(I) Secretarial approval not required.--Notwithstanding 
     any other provision of law or regulation thereunder, the 
     approval by the Secretary of a community development plan, or 
     an amendment thereof, under the program is not required.
       ``(J) Community development plan defined.--In this 
     paragraph, the term `community development plan' means a 
     plan, prepared by an entity referred to in subparagraph (D), 
     for the program that describes how the entity intends--
       ``(i) to harvest its share of fishery resources allocated 
     to the program, or
       ``(ii) to use its share of fishery resources allocated to 
     the program, and any revenue derived from such use, to assist 
     its member villages with projects to advance economic 
     development,

     but does not include a plan that allocates fishery resources 
     to the program.''.
       (b) No Interruption of Existing Allocations.--The amendment 
     made by subsection (a) shall not be construed or implemented 
     in a way that causes any interruption in the allocations of 
     fishery resources to the western Alaska community development 
     quota program or in the opportunity of an entity 
     participating in that program to harvest its share of such 
     allocations.
       (c) Loan Subsidies.--The last proviso under the heading 
     ``National Oceanic and Atmospheric Administration--
     operations, research, and facilities'' in the Science, State, 
     Justice, Commerce, and Related Agencies Appropriations Act, 
     2006 (Public Law 109-108; 119 Stat. 2311-2312) is amended--
       (1) by striking ``for the cost of loans'' and inserting 
     ``to subsidize gross obligations for the principal amount of 
     direct loans, not to exceed a total of $200,000,000,''; and
       (2) by striking ``use'' and inserting ``the purchase of all 
     or part of ownership interests in fishing or processing 
     vessels, shoreside fish processing facilities, permits, 
     quota, and cooperative rights''.

     SEC. 417. QUOTA SHARE ALLOCATION.

       (a) In General.-- The Secretary of Commerce shall modify 
     the Voluntary Three-Pie Cooperative Program for crab 
     fisheries of the Bering Sea and Aleutian Islands being 
     implemented under section 313(j) of the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1862(j)) 
     to require that Blue Dutch, LLC, receives processor quota 
     shares units equal to 0.75 percent of the total number of 
     processor quota share units for each of the following 
     fisheries: the Bristol Bay red king crab fishery and the 
     Bering Sea C. opilio crab fishery.
       (b) Applicability.--The modification made under subsection 
     (a) shall apply with respect to each fishery referred to in 
     subsection (a) whenever the total allowable catch for that 
     fishery is more than 2 percent higher than the most recent 
     total allowable catch in effect for that fishery prior to 
     September 15, 2005.
       (c) Savings Provision.--Nothing in this section affects the 
     authority of the North Pacific Fishery Management Council to 
     submit, and the Secretary of Commerce to implement, changes 
     to or repeal of conservation and management measures under 
     section 313(j)(3)) of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1862(j)(3)).
       (d) Regulations.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary of Commerce shall issue 
     regulations to implement this section.

     SEC. 418. MAINE FISH TENDER VESSELS.

       The prohibition under section 27 of the Merchant Marine 
     Act, 1920 (46 App. U.S.C. 883) against transportation of fish 
     or shellfish between places in the State of Maine by a vessel 
     constructed in Canada shall not apply to a vessel of less 
     than 5 net tons if--
       (1) the vessel was engaged in the transportation of fish or 
     shellfish between places in the State of Maine before January 
     1, 2005;
       (2) before January 1, 2005, the owner of the vessel 
     transported fish or shellfish pursuant to a valid wholesale 
     seafood license issued under section 6851 of title 12 of the 
     Maine Revised Statutes;
       (3) the vessel is owned by a person that meets the 
     citizenship requirements of section 2 of the Shipping Act, 
     1916 (46 U.S.C. App. 802); and
       (4) not later than 180 days after the date of enactment of 
     this Act, the owner of the vessel submits to the Secretary of 
     the department in which the Coast Guard is operating an 
     affidavit certifying that the vessel and owner meet the 
     requirements of this section.

     SEC. 419. AUTOMATIC IDENTIFICATION SYSTEM.

       (a) Prevention of Harmful Interference.--Not later than 60 
     days after the date of enactment of this Act, the Secretary 
     of the department in which the Coast Guard is operating, 
     acting through the Commandant of the Coast Guard, may 
     transfer $1,000,000 to the National Telecommunications and 
     Information Administration of the Department of Commerce for 
     the purposes of awarding, not later than 120 days after such 
     date of enactment, a competitive grant to design and develop 
     a prototype device that integrates a Class B Automatic 
     Identification System transponder (International 
     Electrotechnical Commission standard 62287) with a

[[Page H1649]]

     wireless maritime data device approved by the Federal 
     Communications Commission with channel throughput greater 
     than 19.2 kilobits per second to enable such wireless 
     maritime data device to provide wireless maritime data 
     services, concurrent with the operation of the transponder, 
     on frequency channels adjacent to the frequency channels on 
     which the transponder operates, while minimizing or 
     eliminating the harmful interference between the transponder 
     and such wireless maritime data device. The design of the 
     device developed under this subsection shall be available for 
     public use.
       (b) Implementation of AIS.--It is the sense of the Senate, 
     not later than 60 days after the date of enactment of this 
     Act, that the Federal Communications Commission should 
     resolve the disposition of its rulemaking on the Automatic 
     Information System and licensee use of frequency bands 
     157.1875-157.4375 MHz and 161.7875-162.0375 MHz (RM-10821, WT 
     Docket Number 04-344). The implementation of this section 
     shall not delay the implementation of an Automatic 
     Identification System as required by section 70114 of title 
     46, United States Code, and international convention.

     SEC. 420. VOYAGE DATA RECORDER STUDY AND REPORT.

       (a) Study.--The Secretary of the department in which the 
     Coast Guard is operating shall study--
       (1) the carriage of a voyage data recorder by a passenger 
     vessel described in section 2101(22)(D) of title 46, United 
     States Code, carrying more than 399 passengers; and
       (2) standards for voyage data recorders, methods for 
     approval of models of voyage data recorders, and procedures 
     for annual performance testing of voyage data recorders.
       (b) Consultation.--In conducting the study, the Secretary 
     shall consult, at a minimum, with manufacturers of voyage 
     data recorders and operators of potentially affected 
     passenger vessels.
       (c) Report.--Not later than one year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report on the study's 
     findings, including a proposal for legislation if such a 
     proposal is considered appropriate by the Secretary.

     SEC. 421. DISTANT WATER TUNA FLEET.

       (a) Manning Requirements.--Notwithstanding section 8103(a) 
     of title 46, United States Code, United States purse seine 
     fishing vessels fishing exclusively for highly migratory 
     species in the treaty area under a fishing license issued 
     pursuant to the 1987 Treaty on Fisheries Between the 
     Governments of Certain Pacific Islands States and the 
     Government of the United States of America, or transiting to 
     or from the treaty area exclusively for such purpose, may 
     engage foreign citizens to meet the manning requirement 
     (except for the master) in the 48-month period beginning on 
     the date of enactment of this Act if, after timely notice of 
     a vacancy to meet the manning requirement, no United States 
     citizen personnel are readily available to fill such vacancy.
       (b) Licensing Restrictions.--
       (1) In general.--Subsection (a)(1) only applies to a 
     foreign citizen that holds a valid license or certificate 
     issued--
       (A) in accordance with the standards established by the 
     1995 amendments to the Convention on Standards of Training, 
     Certification and Watchkeeping for Seafarers, 1978 (STCW 95); 
     and
       (B) by an authority that the Secretary of the department in 
     which the Coast Guard is operating recognizes as imposing 
     competency and training standards equivalent to or exceeding 
     those required for a United States license issued under 
     chapter 71 of title 46, United States Code.
       (2) Treatment of equivalent license.--An equivalent license 
     or certificate as recognized by the Secretary under paragraph 
     (1) shall be considered as meeting the requirements of 
     section 8304 of title 46, United States Code, but only while 
     a person holding the license or certificate is in the service 
     of a vessel to which this section applies.
       (c) Limitation.--Subsection (a) applies only to vessels 
     operating in and out of American Samoa.
       (d) Expiration.--This section expires 48 months after the 
     date of enactment of this Act.
       (e) Reports.--On March 1, 2007, and annually thereafter 
     until the date of expiration of this section, the Coast Guard 
     and the National Marine Fisheries Service shall submit a 
     report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committees on 
     Transportation and Infrastructure and Resources of the House 
     of Representatives, providing the following information on 
     the United States purse seine fleet referred to in subsection 
     (a):
       (1) The number and identity of vessels in the fleet using 
     foreign citizens to meet manning requirements pursuant to 
     this section and any marine casualties involving such vessel.
       (2) The number of vessels in the fishery under United 
     States flag as of January 1 of the year in which the report 
     is submitted, the percentage ownership or control of such 
     vessels by non-United States citizens, and the nationality of 
     such ownership or control.
       (3) Description of any transfers or sales of United States 
     flag vessels in the previous calendar year, and the 
     disposition of such vessel, including whether the vessel was 
     scrapped or sold, and, if sold, the nationality of the new 
     owner and location of any fishery to which the vessel will 
     be transferred.
       (4) Landings of tuna by vessels under flag in the 2 
     previous calendar years, including an assessment of landing 
     trends, and a description of landing percentages and totals--
       (A) delivered to American Samoa and any other port in a 
     State or territory of the United States; and
       (B) delivered to ports outside of a State or territory of 
     the United States, including the identity of the port.
       (5) An evaluation of capacity and trends in the purse seine 
     fleet fishing in the area covered by the South Pacific 
     Regional Fisheries Treaty, and any transfer of capacity from 
     such fleet or area to other fisheries, including those 
     governed under the Western and Central Pacific Fisheries 
     Convention and the Inter-American Tropical Tuna Convention.

                          TITLE V--LIGHTHOUSES

     SEC. 501. TRANSFER.

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

     SEC. 502. MISTY FIORDS NATIONAL MONUMENT AND WILDERNESS.

       (a) Requirement to Transfer.--Notwithstanding section 
     308(b) of the National Historic Preservation Act (16 U.S.C. 
     470w-7(b)), if the Secretary of the department in which the 
     Coast Guard is operating determines that the Tree Point Light 
     Station is no longer needed for the purposes of the Coast 
     Guard, the Secretary shall transfer without consideration to 
     the Secretary of Agriculture all administrative jurisdiction 
     over the Tree Point Light Station.
       (b) Effectuation of Transfer.--The transfer pursuant to 
     this section shall be effectuated by a letter from the 
     Secretary of the department in which the Coast Guard is 
     operating to the

[[Page H1650]]

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

     SEC. 503. MISCELLANEOUS LIGHT STATIONS.

       (a) Cape St. Elias Light Station.--For purposes of section 
     416(a)(2) of the Coast Guard Authorization Act of 1998 (112 
     Stat. 3435), the Cape St. Elias Light Station shall comprise 
     approximately 10 acres in fee, along with additional access 
     easements issued without consideration by the Secretary of 
     Agriculture, as generally described in the map entitled 
     ``Cape St. Elias Light Station'', dated September 14, 2004. 
     The Secretary of the department in which the Coast Guard is 
     operating shall keep such map on file and available for 
     public inspection.
       (b) Point Wilson Lighthouse.--Section 325(c)(3) of the 
     Coast Guard Authorization Act of 1993 (107 Stat. 2432) is 
     amended--
       (1) by striking ``and'' at the end of subparagraph (B);
       (2) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (3) by inserting after subparagraph (B) the following:
       ``(C) all housing units and related structures associated 
     with the lighthouse; and''.

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

       (a) Revocation of Executive Order Dated November 12, 
     1838.--Any reservation of public land described in subsection 
     (b) for lighthouse purposes by the Executive Order dated 
     November 12, 1838, as amended by Public Land Order 5655, 
     dated January 9, 1979, is revoked.
       (b) Description of Land.--The public land referred to in 
     subsection (a) consists of approximately 8.0 acres within the 
     external boundaries of St. Marks National Wildlife Refuge in 
     Wakulla County, Florida, that is east of the Tallahassee 
     Meridian, Florida, in Township 5 South, Range 1 East, Section 
     1 (fractional) and containing all that remaining portion of 
     the unsurveyed fractional section, more particularly 
     described as follows: A parcel of land, including submerged 
     areas, beginning at a point which marks the center of the 
     light structure, thence due North (magnetic) a distance of 
     350 feet to the point of beginning a strip of land 500 feet 
     in width, the axial centerline of which runs from the point 
     of beginning due South (magnetic) a distance of 700 feet, 
     more or less, to the shoreline of Apalachee Bay, comprising 
     8.0 acres, more or less, as shown on the plat dated January 
     2, 1902, by Office of L. H. Engineers, 7th and 8th District, 
     Mobile, Alabama.
       (c) Transfer of Administrative Jurisdiction.--
       (1) In general.--Subject to subsection (f) and paragraph 
     (2), administrative jurisdiction over the public land 
     described in subsection (b), and over all improvements 
     located thereon, is transferred without reimbursement from 
     the department in which the Coast Guard is operating to the 
     Secretary of the Interior.
       (2) Response and restoration.--The transfer under paragraph 
     (1) may not be made to the Secretary of the Interior until 
     the Coast Guard has completed any response and restoration 
     action necessary under subsection (d)(1).
       (d) Responsibility for Environmental Response Actions.--The 
     Coast Guard shall have sole responsibility in the Federal 
     Government to fund and conduct any response or restoration 
     action required under any applicable Federal or State law or 
     implementing regulation to address--
       (1) a release or threatened release on or originating from 
     public land described in subsection (b) of any hazardous 
     substance, pollutant, contaminant, petroleum, or petroleum 
     product or derivative that is located on such land on the 
     date of enactment of this Act; or
       (2) any other release or threatened release on or 
     originating from public land described in subsection (b) of 
     any hazardous substance, pollutant, contaminant, petroleum, 
     or petroleum product or derivative, that results from any 
     Coast Guard activity occurring after the date of enactment of 
     this Act.
       (e) Inclusion in Refuge.--
       (1) Inclusion.--The public land described in subsection (b) 
     shall be part of St. Marks National Wildlife Refuge.
       (2) Administration.--Subject to this subsection, the 
     Secretary of the Interior shall administer the public land 
     described in subsection (b)--
       (A) through the Director of the United States Fish and 
     Wildlife Service; and
       (B) in accordance with the National Wildlife Refuge System 
     Administration Act of 1966 (16 U.S.C. 668dd et seq.) and such 
     other laws as apply to Federal real property under the sole 
     jurisdiction of the United States Fish and Wildlife Service.
       (f) Maintenance of Navigation Functions.--The transfer by 
     subsection (c), and the administration of the public land 
     described in subsection (b), shall be subject to such 
     conditions and restrictions as the Secretary of the 
     department in which the Coast Guard is operating considers 
     necessary to ensure that--
       (1) the Federal aids to navigation located at St. Marks 
     National Wildlife Refuge continue to be operated and 
     maintained by the Coast Guard for as long as they are needed 
     for navigational purposes;
       (2) the Coast Guard may remove, replace, or install any 
     Federal aid to navigation at the St. Marks National Wildlife 
     Refuge as may be necessary for navigational purposes;
       (3) the United States Fish and Wildlife Service will not 
     interfere or allow interference in any manner with any 
     Federal aid to navigation, and will not hinder activities 
     required for the operation and maintenance of any Federal aid 
     to navigation, without express written approval by the 
     Secretary of the department in which the Coast Guard is 
     operating; and
       (4) the Coast Guard may enter, at any time, the St. Marks 
     National Wildlife Refuge, without notice, for purposes of 
     operating, maintaining, and inspecting any Federal aid to 
     navigation and ensuring compliance with this subsection, to 
     the extent that it is not possible to provide advance notice.

  TITLE VI--DELAWARE RIVER PROTECTION AND MISCELLANEOUS OIL PROVISIONS

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Delaware River Protection 
     Act of 2006''.

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

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

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

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

     SEC. 603. LIMITS ON LIABILITY.

       (a) Adjustment of Liability Limits.--
       (1) Tank vessels.--Section 1004(a)(1) of the Oil Pollution 
     Act of 1990 (33 U.S.C. 2704(a)(1)) is amended by striking 
     subparagraphs (A) and (B) and inserting the following:
       ``(A) with respect to a single-hull vessel, including a 
     single-hull vessel fitted with double sides only or a double 
     bottom only, $3,000 per gross ton;
       ``(B) with respect to a vessel other than a vessel referred 
     to in subparagraph (A), $1,900 per gross ton; or
       ``(C)(i) with respect to a vessel greater than 3,000 gross 
     tons that is--
       ``(I) a vessel described in subparagraph (A), $22,000,000; 
     or

[[Page H1651]]

       ``(II) a vessel described in subparagraph (B), $16,000,000; 
     or
       ``(ii) with respect to a vessel of 3,000 gross tons or less 
     that is--
       ``(I) a vessel described in subparagraph (A), $6,000,000; 
     or
       ``(II) a vessel described in subparagraph (B), 
     $4,000,000;''.
       (2) Other vessels.--Section 1004(a)(2) of such Act (33 
     U.S.C. 2794(a)(2)) is amended--
       (A) by striking ``$600 per gross ton'' and inserting ``$950 
     per gross ton''; and
       (B) by striking ``$500,000'' and inserting ``$800,000,''.
       (3) Limitation on application.--In the case of an incident 
     occurring before the 90th day following the date of enactment 
     of this Act, section 1004(a)(1) of the Oil Pollution Act of 
     1990 (33 U.S.C. 2704(a)(1)) shall apply as in effect 
     immediately before the effective date of this subsection.
       (b) Adjustment to Reflect Consumer Price Index.--Section 
     1004(d)(4) of the Oil Pollution Act of 1990 (33 U.S.C. 
     2704(d)(4)) is amended to read as follows:
       ``(4) Adjustment to reflect consumer price index.--The 
     President, by regulations issued not later than 3 years after 
     the date of enactment of the Delaware River Protection Act of 
     2006 and not less than every 3 years thereafter, shall adjust 
     the limits on liability specified in subsection (a) to 
     reflect significant increases in the Consumer Price Index.''.
       (c) Report.--
       (1) Initial report.--Not later than 45 days after the date 
     of enactment of this Act, the Secretary of the department in 
     which the Coast Guard is operating shall submit a report on 
     liability limits described in paragraph (2) to the Committee 
     on Commerce, Science, and Transportation of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives.
       (2) Contents.--The report shall include, at a minimum, the 
     following:
       (A) An analysis of the extent to which oil discharges from 
     vessels and nonvessel sources have or are likely to result in 
     removal costs and damages (as defined in section 1001 of the 
     Oil Pollution Act of 1990 (33 U.S.C. 2701)) for which no 
     defense to liability exists under section 1003 of such Act 
     and that exceed the liability limits established in section 
     1004 of such Act, as amended by this section.
       (B) An analysis of the impacts that claims against the Oil 
     Spill Liability Trust Fund for amounts exceeding such 
     liability limits will have on the Fund.
       (C) Based on analyses under this paragraph and taking into 
     account other factors impacting the Fund, recommendations on 
     whether the liability limits need to be adjusted in order to 
     prevent the principal of the Fund from declining to levels 
     that are likely to be insufficient to cover expected claims.
       (3) Annual updates.--The Secretary shall provide an update 
     of the report to the Committees referred to in paragraph (1) 
     on an annual basis.

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

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

     SEC. 605. SUBMERGED OIL REMOVAL.

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

     ``SEC. 7002. SUBMERGED OIL PROGRAM.

       ``(a) Program.--
       ``(1) Establishment.--The Under Secretary of Commerce for 
     Oceans and Atmosphere, in conjunction with the Commandant of 
     the Coast Guard, shall establish a program to detect, 
     monitor, and evaluate the environmental effects of submerged 
     oil in the Delaware River and Bay region. The program shall 
     include the following elements:
       ``(A) The development of methods to remove, disperse, or 
     otherwise diminish the persistence of submerged oil.
       ``(B) The development of improved models and capacities for 
     predicting the environmental fate, transport, and effects of 
     submerged oil.
       ``(C) The development of techniques to detect and monitor 
     submerged oil.
       ``(2) Report.--Not later than 3 years after the date of 
     enactment of the Delaware River Protection Act of 2006, the 
     Secretary of Commerce shall submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives a report on the activities carried out 
     under this subsection and activities proposed to be carried 
     out under this subsection.
       ``(b) Demonstration Project.--
       ``(1) Removal of submerged oil.--The Commandant of the 
     Coast Guard, in conjunction with the Under Secretary of 
     Commerce for Oceans and Atmosphere, shall conduct a 
     demonstration project for the purpose of developing and 
     demonstrating technologies and management practices to remove 
     submerged oil from the Delaware River and other navigable 
     waters.
       ``(2) Funding.--There is authorized to be appropriated to 
     the Commandant of the Coast Guard $2,000,000 for each of 
     fiscal years 2006 through 2010 to carry out this 
     subsection.''.
       (b) Clerical Amendment.--The table of sections in section 2 
     of such Act is amended by inserting after the item relating 
     to section 7001 the following:

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

     SEC. 606. ASSESSMENT OF OIL SPILL COSTS.

       (a) Assessment.--The Comptroller General shall conduct an 
     assessment of the cost of response activities and claims 
     related to oil spills from vessels that have occurred since 
     January 1, 1990, for which the total costs and claims paid 
     was at least $1,000,000 per spill.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report on 
     the assessment conducted under subsection (a). The report 
     shall summarize the following:
       (1) The costs and claims described in subsection (a) for 
     each year covered by the report.
       (2) The source, if known, of each spill described in 
     subsection (a) for each such year.

     SEC. 607. DELAWARE RIVER AND BAY OIL SPILL ADVISORY 
                   COMMITTEE.

       (a) Establishment.--There is established the Delaware River 
     and Bay Oil Spill Advisory Committee (in this section 
     referred to as the ``Committee'').
       (b) Membership.--
       (1) In general.--The Committee shall consist of 27 members 
     who are appointed by the Commandant of the Coast Guard and 
     who have particular expertise, knowledge, and experience 
     regarding the transportation, equipment, and techniques that 
     are used to ship cargo and to navigate vessels in the 
     Delaware River and Delaware Bay, as follows:
       (A) Three members who are employed by port authorities that 
     oversee operations on the Delaware River or have been 
     selected to represent these port authorities, of whom--
       (i) one member shall be an employee or representative of 
     the Port of Wilmington;
       (ii) one member shall be an employee or representative of 
     the South Jersey Port Corporation; and
       (iii) one member shall be an employee or representative of 
     the Philadelphia Regional Port Authority.
       (B) Two members who represent organizations that operate 
     tugs or barges that utilize the port facilities on the 
     Delaware River and Delaware Bay.
       (C) Two members who represent shipping companies that 
     transport cargo by vessel from ports on the Delaware River 
     and Delaware Bay, of whom at least one may not be a 
     representative of a shipping company that transports oil or 
     petroleum products.
       (D) Two members who represent operators of oil refineries 
     adjacent to the Delaware River and Delaware Bay.
       (E) Two members who represent State-licensed pilots who 
     work on the Delaware River and Delaware Bay.
       (F) One member who represents labor organizations whose 
     members load and unload cargo at ports on the Delaware River 
     and Delaware Bay.
       (G) One member who represents local commercial fishing 
     interests or an aquaculture organization the members of which 
     organization depend on fisheries and resources in the waters 
     of Delaware River or Delaware Bay.
       (H) Three members who represent environmental organizations 
     active with respect to the Delaware River and Delaware Bay, 
     including a watershed advocacy group and a wildlife 
     conservation advocacy group.
       (I) One member who represents an organization affiliated 
     with recreational fishing interests in the vicinity of 
     Delaware River and Delaware Bay.
       (J) Two members who are scientists or researchers 
     associated with an academic institution and who have 
     professional credentials in fields of research relevant to 
     oil spill safety, oil spill response, or wildlife and 
     ecological recovery.
       (K) Two members who are municipal or county officials from 
     Delaware.
       (L) Two members who are municipal or county officials from 
     New Jersey.
       (M) Two members who are municipal or county officials from 
     Pennsylvania.
       (N) One member who represents an oil spill response 
     organization located on the lower Delaware River and Delaware 
     Bay.
       (O) One member who represents the general public.
       (2) Ex officio members.--The Committee may also consist of 
     an appropriate number (as determined by the Commandant of the 
     Coast Guard) of nonvoting members who represent Federal 
     agencies and agencies of the States of New Jersey, 
     Pennsylvania, and Delaware with an interest in oil spill 
     prevention in the Delaware River and Delaware Bay.
       (c) Responsibilities.--
       (1) In general.--The Committee shall provide advice and 
     recommendations on measures to improve the prevention of and 
     response to future oil spills in the Delaware River and 
     Delaware Bay to the Commandant, the Governors of the States 
     of New Jersey, Pennsylvania, and Delaware, the Committee on 
     Commerce, Science, and Transportation of the Senate, and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives.
       (2) Report.--Not later than 18 months after the date that 
     the Commandant completes appointment of the members of the 
     Committee, the Committee shall provide a report to the 
     entities referred to in paragraph (1) with the 
     recommendations of the Committee, including a ranking of 
     priorities, for measures to improve prevention and response 
     to oil spills described in paragraph (1).
       (d) Meetings.--The Committee--
       (1) shall hold its first meeting not later than 60 days 
     after the date on which the Commandant completes the 
     appointment of members of the Committee; and

[[Page H1652]]

       (2) shall meet thereafter at the call of the Chairman.
       (e) Appointment of Members.--The Commandant shall appoint 
     the members of the Committee after soliciting nominations by 
     notice published in the Federal Register.
       (f) Chairman and Vice Chairman.--The Committee shall elect, 
     by majority vote at its first meeting, one of the members of 
     the Committee as the Chairman and one of the members as the 
     Vice Chairman. The Vice Chairman shall act as Chairman in the 
     absence of or incapacity of the Chairman or in the event of 
     vacancy in the office of the Chairman.
       (g) Pay and Expenses.--
       (1) Prohibition on pay.--Members of the Committee who are 
     not officers or employees of the United States shall serve 
     without pay. Members of the Committee who are officers or 
     employees of the United States shall receive no additional 
     pay on account of their service on the Committee.
       (2) Expenses.--While away from their homes or regular 
     places of business, members of the Committee may be allowed 
     travel expenses, including per diem, in lieu of subsistence, 
     as authorized by section 5703 of title 5, United States Code.
       (h) Funding.--There is authorized to be appropriated 
     $1,000,000 for each of fiscal years 2006 through 2007 to 
     carry out this section.
       (i) Termination.--The Committee shall terminate 18 months 
     after the date on which the Commandant completes the 
     appointment of members of the Committee.

     SEC. 608. NONTANK VESSELS.

       Section 311(a)(26) of the Federal Water Pollution Control 
     Act (33 U.S.C. 1321(A)(26)) is amended to read as follows:
       ``(26) `nontank vessel' means a self-propelled vessel 
     that--
       ``(A) is at least 400 gross tons as measured under section 
     14302 of title 46, United States Code, or, for vessels not 
     measured under that section, as measured under section 14502 
     of that title;
       ``(B) is not a tank vessel;
       ``(C) carries oil of any kind as fuel for main propulsion; 
     and
       ``(D) operates on the navigable waters of the United 
     States, as defined in section 2101(17a) of that title.''.

                     TITLE VII--HURRICANE RESPONSE

     SEC. 701. HOMEOWNERS ASSISTANCE FOR COAST GUARD PERSONNEL 
                   AFFECTED BY HURRICANES KATRINA OR RITA.

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

     SEC. 702. TEMPORARY AUTHORIZATION TO EXTEND THE DURATION OF 
                   LICENSES, CERTIFICATES OF REGISTRY, AND 
                   MERCHANT MARINERS' DOCUMENTS.

       (a) Licenses and Certificates of Registry.--Notwithstanding 
     section 7106 and 7107 of title 46, United States Code, the 
     Secretary of the department in which the Coast Guard is 
     operating may temporarily extend the duration of a license or 
     certificate of registry issued for an individual under 
     chapter 71 of that title for up to one year if--
       (1) the records of the individual are located at the Coast 
     Guard facility in New Orleans that was damaged by Hurricane 
     Katrina;
       (2) the individual is a resident of Alabama, Mississippi, 
     or Louisiana; or
       (3) the records of an individual were damaged or lost as a 
     result of Hurricane Katrina.
       (b) Merchant Mariners' Documents.--Notwithstanding section 
     7302(g) of title 46, United States Code, the Secretary of the 
     department in which the Coast Guard is operating may 
     temporarily extend the duration of a merchant mariners' 
     document issued for an individual under chapter 73 of that 
     title for up to one year, if--
       (1) the records of the individual are located at the Coast 
     Guard facility in New Orleans that was damaged by Hurricane 
     Katrina;
       (2) the individual is a resident of Alabama, Mississippi, 
     or Louisiana; or
       (3) the records of an individual were damaged or lost as a 
     result of Hurricane Katrina.
       (c) Manner of Extension.--Any extensions granted under this 
     section may be granted to individual seamen or a specifically 
     identified group of seamen.
       (d) Expiration of Authority.--The authorities provided 
     under this section expire on April 1, 2007.

     SEC. 703. TEMPORARY AUTHORIZATION TO EXTEND THE DURATION OF 
                   VESSEL CERTIFICATES OF INSPECTION.

       (a) Authority to Extend.--Notwithstanding section 3307 and 
     3711(b) of title 46, United States Code, the Secretary of the 
     department in which the Coast Guard is operating may 
     temporarily extend the duration or the validity of a 
     certificate of inspection or a certificate of compliance 
     issued under chapter 33 or 37, respectively, of that title 
     for up to 6 months for a vessel inspected by a Coast Guard 
     Marine Safety Office located in Alabama, Mississippi, or 
     Louisiana.
       (b) Expiration of Authority.--The authority provided under 
     this section expires on April 1, 2007.

     SEC. 704. PRESERVATION OF LEAVE LOST DUE TO HURRICANE KATRINA 
                   OPERATIONS.

       (a) Preservation of Leave.--Notwithstanding section 701(b) 
     of title 10, United States Code, any member of the Coast 
     Guard who served on active duty for a continuous period of 30 
     days, who was assigned to duty or otherwise detailed in 
     support of units or operations in the Eighth Coast Guard 
     District area of responsibility for activities to mitigate 
     the consequences of, or assist in the recovery from, 
     Hurricane Katrina during the period beginning on August 28, 
     2005, and ending on January 1, 2006, and who would have 
     otherwise lost any accumulated leave in excess of 60 days as 
     a consequence of such assignment, is authorized to retain an 
     accumulated total of up to 120 days of leave.
       (b) Excess Leave.--Leave in excess of 60 days accumulated 
     under subsection (a) shall be lost unless used by the member 
     before the commencement of the second fiscal year following 
     the fiscal year in which the assignment commences, or in the 
     case of a Reserve member, the year in which the period of 
     active service is completed.

     SEC. 705. REPORTS ON IMPACT TO COAST GUARD.

       (a) Reports Required.--
       (1) Interim report.--Not later than 90 days after the date 
     of enactment of this Act, the Secretary of the department in 
     which the Coast Guard is operating shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives an interim report on the 
     impact of Hurricane Katrina and the response of the Coast 
     Guard to such impact.
       (2) Final report.--Not later than 180 days after the date 
     of the submittal of the report under paragraph (1), the 
     Secretary shall submit to the committees referred to in 
     paragraph (1) a final report on the impact of Hurricane 
     Katrina and the response of the Coast Guard to such impact.
       (b) Elements.--Each report required by subsection (a) shall 
     include the following:
       (1) A discussion and assessment of the impact of Hurricane 
     Katrina on the facilities, aircraft, vessels, and other 
     assets of the Coast Guard, including an assessment of such 
     impact on pending or proposed replacements or upgrades of 
     facilities, aircraft, vessels, or other assets of the Coast 
     Guard.
       (2) A discussion and assessment of the impact of Hurricane 
     Katrina on Coast Guard operations and strategic goals.
       (3) A statement of the number of emergency drills held by 
     the Coast Guard during the 5-year

[[Page H1653]]

     period ending on the date of the report with respect to 
     natural disasters and with respect to security incidents.
       (4) A description and assessment of--
       (A) the lines of communication and reporting, during the 
     response to Hurricane Katrina, within the Coast Guard and 
     between the Coast Guard and other departments and agencies of 
     the Federal Government and State and local governments; and
       (B) the interoperability of such communications during the 
     response to Hurricane Katrina.
       (5) A discussion and assessment of the financial impact on 
     Coast Guard operations during fiscal years 2005 and 2006 of 
     unbudgeted increases in prices of fuel.

     SEC. 706. REPORTS ON IMPACTS ON NAVIGABLE WATERWAYS.

       (a) Reports Required.--
       (1) Interim report.--Not later than 90 days after the date 
     of enactment of this Act, the Secretary of the department in 
     which the Coast Guard is operating, in consultation with the 
     Secretary of Commerce, shall submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives a report on the impacts of Hurricane 
     Katrina on navigable waterways and the response of the Coast 
     Guard to such impacts.
       (2) Final report.--Not later than 180 days after the date 
     of the submittal of the report required by paragraph (1), the 
     Secretary, in consultation with the Secretary of Commerce, 
     shall submit to the committees referred to in paragraph (1) a 
     report on the impacts of Hurricane Katrina on navigable 
     waterways with respect to missions within the jurisdiction of 
     the Coast Guard and the response of the Coast Guard to such 
     impacts.
       (b) Elements.--Each report required by subsection (a) shall 
     include the following:
       (1) A discussion and assessment of the impacts, and 
     associated costs, of Hurricane Katrina on--
       (A) the navigable waterways of the United States;
       (B) facilities located in or on such waterways;
       (C) aids to navigation to maintain the safety of such 
     waterways; and
       (D) any other equipment located in or on such waterways 
     related to a mission of the Coast Guard.
       (2) An estimate of the costs to the Coast Guard of 
     restoring the resources described in paragraph (1) and an 
     assessment of the vulnerability of such resources to natural 
     disasters in the future.
       (3) A discussion and assessment of the environmental 
     impacts in areas within the Coast Guard's jurisdiction of 
     Hurricane Katrina, with a particular emphasis on any releases 
     of oil or hazardous chemicals into the navigable waterways of 
     the United States.
       (4) A discussion and assessment of the response of the 
     Coast Guard to the impacts described in paragraph (3), 
     including an assessment of environmental vulnerabilities in 
     natural disasters in the future and an estimate of the costs 
     of addressing such vulnerabilities.
       (c) Navigable Waterways of the United States.--In this 
     section, the term ``navigable waterways of the United 
     States'' includes waters of the United States as described in 
     Presidential Proclamation No. 5928 of December 27, 1988.

              TITLE VIII--OCEAN COMMISSION RECOMMENDATIONS

     SEC. 801. IMPLEMENTATION OF INTERNATIONAL AGREEMENTS.

       In consultation with appropriate Federal agencies, the 
     Secretary of the department in which the Coast Guard is 
     operating shall work with the responsible officials and 
     agencies of other nations to accelerate efforts at the 
     International Maritime Organization to enhance oversight and 
     enforcement of security, environmental, and other agreements 
     adopted within the International Maritime Organization by 
     flag States on whom such agreements are binding, including 
     implementation of--
       (1) a code outlining flag State responsibilities and 
     obligations;
       (2) an audit regime for evaluating flag State performance;
       (3) measures to ensure that responsible organizations, 
     acting on behalf of flag States, meet established performance 
     standards; and
       (4) cooperative arrangements to improve enforcement on a 
     bilateral, regional, or international basis.

     SEC. 802. VOLUNTARY MEASURES FOR REDUCING POLLUTION FROM 
                   RECREATIONAL BOATS.

       In consultation with appropriate Federal, State, and local 
     government agencies, the Secretary of the department in which 
     the Coast Guard is operating shall undertake outreach 
     programs for educating the owners and operators of boats 
     using two-stroke engines about the pollution associated with 
     such engines and support voluntary programs that reduce such 
     pollution and encourage the early replacement of older two-
     stroke engines.

     SEC. 803. INTEGRATION OF VESSEL MONITORING SYSTEM DATA.

       The Secretary of the department in which the Coast Guard is 
     operating shall integrate vessel monitoring system data into 
     its maritime operations databases for the purpose of 
     improving monitoring and enforcement of Federal fisheries 
     laws and work with the Under Secretary of Commerce for Oceans 
     and Atmosphere to ensure effective use of such data for 
     monitoring and enforcement.

     SEC. 804. FOREIGN FISHING INCURSIONS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of the department in 
     which the Coast Guard is operating shall provide to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives a report on steps that the 
     Coast Guard will take to significantly improve the Coast 
     Guard's detection and interdiction of illegal incursions into 
     the United States exclusive economic zone by foreign fishing 
     vessels.
       (b) Specific Issues to Be Addressed.--The report shall--
       (1) focus on areas in the exclusive economic zone where the 
     Coast Guard has failed to detect or interdict such incursions 
     in the 4-fiscal-year period beginning with fiscal year 2000, 
     including such areas in the Western/Central Pacific and the 
     Bering Sea; and
       (2) include an evaluation of the potential use of unmanned 
     aircraft and offshore platforms for detecting or interdicting 
     such incursions.
       (c) Biennial Updates.--The Secretary shall provide biannual 
     reports updating the Coast Guard's progress in detecting or 
     interdicting such incursions to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives.

                    TITLE IX--TECHNICAL CORRECTIONS

     SEC. 901. MISCELLANEOUS TECHNICAL CORRECTIONS.

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

``VII. MISCELLANEOUS...........................................70101''.

       (l) Corrections to Chapter 701 of Title 46, United States 
     Code.--Chapter 701 of title 46, United States Code, is 
     amended as follows:
       (1) Sections 70118 and 70119, as added by section 801 of 
     the Coast Guard and Maritime Transportation Act of 2004 (118 
     Stat. 1078), relating to firearms, arrests, and seizure of 
     property and to enforcement by State and local officers, are 
     redesignated as sections 70117 and 70118, respectively, and 
     moved to appear immediately after section 70116 of title 46, 
     United States Code.
       (2) Sections 70117 and 70118, as added by section 802 of 
     such Act (118 Stat. 1078), relating to in rem liability for 
     civil penalties and to certain costs and withholding of 
     clearance, are redesignated as sections 70120 and 70121, 
     respectively, and moved to appear immediately after section 
     70119 of title 46, United States Code.
       (3) In section 70120(a), as redesignated by paragraph (2) 
     of this section, by striking ``section 70120'' and inserting 
     ``section 70119''.
       (4) In section 70121(a), as redesignated by paragraph (2) 
     of this section, by striking ``section 70120'' and inserting 
     ``section 70119''.

[[Page H1654]]

       (5) In the analysis at the beginning of the chapter by 
     striking the items relating to sections 70117 through the 
     second 70119 and inserting the following:

``70117. Firearms, arrests, and seizure of property.
``70118. Enforcement by State and local officers.
``70119. Civil penalty.
``70120. In rem liability for civil penalties and certain costs.
``70121. Withholding of clearance.''.

       (m) Area Maritime Security Advisory Committees; Margin 
     Alignment.--Section 70112(b) of title 46, United States Code, 
     is amended by moving paragraph (5) two ems to the left, so 
     that the left-hand margin of paragraph (5) aligns with the 
     left-hand margin of paragraph (4) of such section.
       (n) Technical Correction Regarding Tank Vessel 
     Environmental Equivalency Evaluation Index.--Section 
     4115(e)(3) of the Oil Pollution Act of 1990 (46 U.S.C. 3703a 
     note) is amended by striking ``hull'' the second place it 
     appears.
       (o) Corrections to Section 6101 of Title 46, United States 
     Code.--Section 6101 of title 46, United States Code, is 
     amended--
       (1) by redesignating subsection (h) as subsection (i); and
       (2) by redesignating the second subsection (g) as 
     subsection (h).
       (p) Drug Interdiction Report.--
       (1) In general.--Section 103 of the Coast Guard 
     Authorization Act of 1996 (14 U.S.C. 89 note; 110 Stat. 3905) 
     is amended to read as follows:

     ``SEC. 103. ANNUAL REPORT ON DRUG INTERDICTION.

       ``Not later than 30 days after the end of each fiscal year, 
     the Secretary of the department in which the Coast Guard is 
     operating shall submit to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on all expenditures related to drug 
     interdiction activities of the Coast Guard on an annual 
     basis.''.
       (2) Clerical amendment.--The table of contents in section 2 
     of such Act is amended by striking the item relating to 
     section 103 and inserting the following:

``Sec. 103. Annual reports on drug interdiction.''.

       (q) Acts of Terrorism Report.--Section 905 of the Omnibus 
     Diplomatic Security and Antiterrorism Act of 1986 (46 U.S.C. 
     App. 1802; 100 Stat. 890) is amended by striking ``Not later 
     than February 28, 1987, and annually thereafter, the 
     Secretary of Transportation shall report'' and inserting 
     ``The Secretary of the department in which the Coast Guard is 
     operating shall report annually''.
       (r) Corrections to Dingell-Johnson Sport Fish Restoration 
     Act.--
       (1) Section 4.--Section 4(c) of the Dingell-Johnson Sport 
     Fish Restoration Act (16 U.S.C. 777c(c)) is amended by 
     striking ``, for each of fiscal years 2006 through 2009,''.
       (2) Section 14.--Section 14(a)(1) of the Dingell-Johnson 
     Sport Fish Restoration Act (16 U.S.C. 777m(a)(1)) is amended 
     by striking ``For each of the fiscal years 2006 through 2009, 
     not more than'' and inserting ``Not more than''.

     SEC. 902. CORRECTION OF REFERENCES TO SECRETARY OF 
                   TRANSPORTATION AND DEPARTMENT OF 
                   TRANSPORTATION; RELATED MATTERS.

       (a) Government Organization.--Title 5, United States Code, 
     is amended--
       (1) in section 101 by inserting ``The Department of 
     Homeland Security.'' after and immediately below ``The 
     Department of Veterans Affairs.'';
       (2) in section 2902(b) by inserting ``the Secretary of 
     Homeland Security,'' after ``Secretary of the Interior,''; 
     and
       (3) in sections 5520a(k)(3), 5595(h)(5), 6308(b), and 
     9001(10) by striking ``of Transportation'' each place it 
     appears and inserting ``of Homeland Security''.
       (b) Financial Management.--Title 31, United States Code, is 
     amended--
       (1) in section 3321(c)(3) by striking ``of Transportation'' 
     and inserting ``of Homeland Security.'';
       (2) in section 3325(b) by striking ``of Transportation'' 
     and inserting ``of Homeland Security'';
       (3) in section 3527(b)(1) by striking ``of Transportation'' 
     each place it appears and inserting ``of Homeland Security''; 
     and
       (4) in section 3711(f)(2) by striking ``of Transportation'' 
     and inserting ``of Homeland Security''.
       (c) Public Contracts.--Section 3732 of the Revised Statutes 
     (41 U.S.C. 11) is amended by striking ``of Transportation'' 
     each place it appears and inserting ``of Homeland Security''.
       (d) Public Printing and Documents.--Sections 1308 and 1309 
     of title 44, United States Code, are amended by striking 
     ``Secretary of the Department of Transportation'' each place 
     it appears and inserting ``Secretary of the department in 
     which the Coast Guard is operating''.
       (e) Shipping.--Title 46, United State Code, is amended--
       (1) in section 2109 by striking ``a Coast Guard or'';
       (2) in section 6308--
       (A) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (B) by striking subsection (a) and inserting the following:
       ``(a) Notwithstanding any other provision of law, no part 
     of a report of a marine casualty investigation conducted 
     under section 6301 of this title, including findings of fact, 
     opinions, recommendations, deliberations, or conclusions, 
     shall be admissible as evidence or subject to discovery in 
     any civil or administrative proceedings, other than an 
     administrative proceeding initiated by the United States.
       ``(b) Any member or employee of the Coast Guard 
     investigating a marine casualty pursuant to section 6301 of 
     this title shall not be subject to deposition or other 
     discovery, or otherwise testify in such proceedings relevant 
     to a marine casualty investigation, without the permission of 
     the Secretary. The Secretary shall not withhold permission 
     for such employee or member to testify, either orally or upon 
     written questions, on solely factual matters at a time and 
     place and in a manner acceptable to the Secretary if the 
     information is not available elsewhere or is not obtainable 
     by other means.'';
       (3) in subsection (c), as redesignated by this section, by 
     striking ``subsection (a)'' and inserting ``subsections (a) 
     and (b)''; and
       (4) in subsection (d), as redesignated by this section, by 
     striking ``subsections (a) and (b)'' and inserting 
     ``subsections (a), (b), and (c)''.
       (f) Mortgage Insurance.--Section 222 of the National 
     Housing Act of 1934 (12 U.S.C. 1715m) is amended by striking 
     ``of Transportation'' each place it appears and inserting 
     ``of Homeland Security''.
       (g) Arctic Research.--Section 107(b)(2) of the Arctic 
     Research and Policy Act of 1984 (15 U.S.C. 4106(b)(2)) is 
     amended--
       (1) by redesignating subparagraphs (I) through (K) as 
     subparagraphs (J) through (L), respectively; and
       (2) by inserting after subparagraph (H) the following:
       ``(I) the Department of Homeland Security;''.
       (h) Conservation.--
       (1) Section 1029.--Section 1029(e)(2)(B) of the Bisti/De-
     Na-Zin Wilderness Expansion and Fossil Protection Act of 1996 
     (16 U.S.C. 460kkk(e)(2)(B)) is amended by striking 
     ``Secretary of Transportation, to represent the United States 
     Coast Guard.'' and inserting ``Commandant of the Coast 
     Guard''.
       (2) Section 312.--Section 312(c) of the Antarctic Marine 
     Living Resources Convention Act of 1984 (16 U.S.C. 2441(c)) 
     is amended by striking ``of Transportation'' and inserting 
     ``of Homeland Security''.
       (i) Internal Revenue Code of 1986.--Section 3122 of the 
     Internal Revenue Code of 1986 (26 U.S.C. 3122) is amended by 
     striking ``Secretary of Transportation'' each place it 
     appears and inserting ``Secretary of the Department in which 
     the Coast Guard is operating''.
       (j) Anchorage Grounds.--Section 7 of the Rivers and Harbors 
     Appropriations Act of 1915 (33 U.S.C. 471) is amended by 
     striking ``of Transportation'' in each place it appears and 
     inserting ``of Homeland Security''.
       (k) Bridges.--Section 4 of the General Bridge Act of 1906 
     (33 U.S.C. 491) is amended by striking ``of Transportation'' 
     and inserting ``of Homeland Security''.
       (l) Oil Pollution.--The Oil Pollution Act of 1990 (33 
     U.S.C. 2701 et seq.) is amended--
       (1) in section 5001(c)(1)(B) (33 U.S.C. 2731(c)(1)(B)) by 
     striking ``Commerce, the Interior, and Transportation,'' and 
     inserting ``Commerce and the Interior and the Commandant of 
     the Coast Guard,'';
       (2) in section 5002(m)(4) (33 U.S.C. 2732(m)(4)) by 
     striking ``of Transportation.'' and inserting ``of the 
     department in which the Coast Guard is operating.'';
       (3) in section 7001(a) (33 U.S.C. 2761(a)) by striking 
     paragraph (3) and all that follows through the end of the 
     subsection and inserting the following:
       ``(3) Membership.--The Interagency Committee shall include 
     representatives from the Coast Guard, the Department of 
     Commerce (including the National Oceanic and Atmospheric 
     Administration and the National Institute of Standards and 
     Technology), the Department of Energy, the Department of the 
     Interior (including the Minerals Management Service and the 
     United States Fish and Wildlife Service), the Department of 
     Transportation (including the Maritime Administration and the 
     Pipeline and Hazardous Materials Safety Administration), the 
     Department of Defense (including the Army Corps of Engineers 
     and the Navy), the Department of Homeland Security (including 
     the United States Fire Administration in the Federal 
     Emergency Management Agency), the Environmental Protection 
     Agency, the National Aeronautics and Space Administration, 
     and such other Federal agencies the President may designate.
       ``(4) Chairman.--A representative of the Coast Guard shall 
     serve as Chairman.''; and
       (4) in section 7001(c)(6) (33 U.S.C. 2761(c)(6)) by 
     striking ``other such agencies in the Department of 
     Transportation as the Secretary of Transportation may 
     designate,'' and inserting ``such agencies as the President 
     may designate,''.
       (m) Medical Care.--Section 1(g)(4)(B) of Public Law 87-693 
     (42 U.S.C. 2651(g)(4)(B)) is amended by striking ``of 
     Transportation,'' and inserting ``of Homeland Security,''.
       (n) Social Security Act.--Section 205(p)(3) of the Social 
     Security Act (42 U.S.C. 405(p)(3)) is amended by striking 
     ``of Transportation'' each place it appears and inserting 
     ``of Homeland Security''.
       (o) Merchant Marine Act, 1920.--Section 27 of the Merchant 
     Marine Act, 1920 (46 U.S.C. App. 883) is amended in the 
     matter following the ninth proviso (pertaining to 
     transportation of a foreign-flag incineration vessel) by 
     striking ``Satisfactory inspection shall be certified in 
     writing by the Secretary of Transportation'' and inserting 
     ``Satisfactory inspection shall be certified, in writing, by 
     the Secretary of Homeland Security.''.
       And the Senate agree to the same.
     From the Committee on Transportation and Infrastructure, for 
     consideration of the House bill and the Senate amendment, and 
     modifications committed to conference:
     Don Young,
     Frank A. LoBiondo,
     Howard Coble,
     Peter Hoekstra,
     Pete Simmons,

[[Page H1655]]

     Mario Diaz-Balart,
     Charles W. Boustany, Jr.,
     James L. Oberstar,
     Bob Filner,
     Gene Taylor,
     Brian Higgins,
     Allyson Y. Schwartz,
     From the Committee on Energy and Commerce, for consideration 
     of sec. 408 of the Hosue bill, and modifications committed to 
     conference:
     Joe Barton,
     Paul Gillmor,
     John D. Dingell,
     From the Committee on Homeland Security, for consideration of 
     secs. 101, 404, 413, and 424 of the Hosue bill, and secs. 
     202, 207, 215, and 302 of the Senage amendment, and 
     modifications committed to conference:
     Bennie G. Thompson,
     From the Committee on Resources, for consideration of secs. 
     426, 427, and title V of the House bill, and modifications 
     committed to conference:
     Richard Pombo,
     Walter B. Jones,
                                Managers on the Part of the House.

     Ted Stevens,
     Olympia Snowe,
       (except section 414),
     Trent Lott,
     Gordon Smith,
     Daniel K. Inouye,
     Maria Cantwell,
       (except section 414),
     Frank R. Lautenberg,
       (except section 414),
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 889), to authorize 
     appropriations for the Coast Guard for fiscal year 2006, to 
     make technical corrections to various laws administered by 
     the Coast Guard, and for other purposes, submit the following 
     joint statement to the House and the Senate in explanation of 
     the effect of the action agreed upon by the managers and 
     recommended in the accompanying conference report:
       The Senate amendment struck all of the House bill after the 
     enacting clause and inserted a substitute text.
       The House recedes from its disagreement to the amendment of 
     the Senate with an amendment that is a substitute for the 
     House bill and the Senate amendment. The differences between 
     the House bill, the Senate amendment, and the substitute 
     agreed to in conference are noted below, except for clerical 
     corrections, conforming changes made necessary by agreements 
     reached by the conferees, and minor drafting and clarifying 
     changes.
       As of April 6, 2006 (4:00)
     Section 1. Short title
       Section 1 of the House bill states that the Act may be 
     referred to as the ``Coast Guard and Maritime Transportation 
     Act of 2005.''
       Section 1 of the Senate amendment states the Act may be 
     cited as the ``Coast Guard Authorization Act of 2005.''
       The Conference substitute states that the Act may be 
     referred to as the ``Coast Guard and Maritime Transportation 
     Act of 2006''.

                         TITLE I--AUTHORIZATION

     Section 101. Authorization of appropriations
       Section 101 of the House bill authorizes funds for the 
     Coast Guard in FY 2006. It authorizes approximately $8.7 
     billion in funding for the necessary expenses of the Coast 
     Guard in FY 2006. Paragraph (1) of that section authorizes a 
     funding level of $5,586,400,000 for the Coast Guard's 
     Operating Expenses Account including an amount of $39 million 
     to establish a second Helicopter Interdiction Tactical 
     Squadron (HITRON) on the west coast.
       Section 101(2) of the House bill authorizes $1,903,821,000 
     for the Coast Guard's Acquisitions, Construction and 
     Improvements Accounting including approximately $1.6 billion 
     for the Integrated Deepwater Systems program (Deepwater). Of 
     the funding authorized for Deepwater in FY 2006, H.R. 889 
     authorizes an amount of $1,316,300,000 for the acquisition 
     and construction of new vessels, aircraft, facilities, and 
     support systems and an amount of $284,369,000 for the 
     sustainment of the Coast Guard's legacy vessels and aircraft.
       Section 101(3) of the House bill authorizes an amount of 
     $24,000,000 for the Coast Guard's program to research and 
     develop technologies, measures, and procedures to enhance the 
     Coast Guard's capabilities to carry out all of the Service's 
     many missions.
       Section 101(5) of the House bill authorizes an amount of 
     $35,900,000 for the Federal share of costs associated with 
     alteration or removal of bridges that have been identified by 
     the Coast Guard as obstructions to navigation.
       Section 101 of the House bill also authorizes $12,000,000 
     for environmental compliance and restoration at Coast Guard 
     facilities and $119,000,000 for the Coast Guard Reserve 
     program. Lastly, this section authorizes $1,014,080,000 for 
     retired pay, a mandatory expenditure.
       Section 101 of the Senate amendment is similar to the House 
     provision except that the Senate provision authorizes funds 
     for FY 2006 and 2007 and contains different authorization 
     levels than those that are included in the House bill. 
     Section 101 authorizes $5.594 billion for operating expenses 
     for FY 2006 and $6.042 billion for FY 2007. The Senate 
     amendment also authorizes $1.424 billion for Acquisition, 
     Construction and Improvements for FY 2006 and $1.538 billion 
     for FY 2007. As a reflection of its support of the Coast 
     Guard recapitalizing its fleet of cutters and aircraft, the 
     reported bill would authorize $1.1 billion for Deepwater in 
     FY 2006, $134 million above the President's request. 
     Deepwater is authorized at $1.188 billion for FY 2007.
       The Conference substitute authorizes funds for the Coast 
     Guard in FY 2006 as follows:

Operation and Maintenance................................$5,633,900,000
Acquisition, Construction and Improvement.................1,903,821,000
Research, Development, Test and Evaluation...................24,000,000
Retired Pay...............................................1,014,080,000
Bridge Alteration............................................37,400,000
Environmental Compliance and Restoration.....................12,000,000
Coast Guard Reserve Training................................119,000,000
                                                       ________________
                                                       
  TOTAL..................................................$8,744,201,000

       Of the amount authorized for OE, the conferees direct the 
     Coast Guard to dedicate $39 million for the creation of an 
     additional Coast Guard Helicopter Interdiction Tactical 
     Squadron (HITRON).
       Currently, the only Coast Guard HITRON squadron is based in 
     Jacksonville, Florida. The Coast Guard's HITRON squadron 
     carries out illegal drug interdiction missions in concert 
     with Coast Guard vessels in the Caribbean Sea and in the 
     Eastern Pacific Ocean. HITRON helicopters enhance the 
     capabilities of Coast Guard cutters and associated small 
     boats to pursue and apprehend `go-fast' vessels that attempt 
     to smuggle illicit drugs into the United States. The Coast 
     Guard has estimated that the HITRON squadron has prevented an 
     estimated 8.5 tons, or $6 billion in illegal drugs from 
     entering the United States.
       The authorization for the Coast Guard's Acquisitions, 
     Construction and Improvement account includes $1.6 billion 
     for Deepwater which includes an amount of $1,316,300,000 for 
     the acquisition and construction of new vessels, aircraft, 
     facilities, and support systems and an amount of $284,369,000 
     for the sustainment of the Coast Guard's legacy vessels and 
     aircraft. The Conferees remain concerned that these assets 
     are deteriorating at a faster pace than originally projected 
     and require a dedicated funding stream. The conferees 
     recommend that the Coast Guard examine ways to decrease the 
     costs of maintaining and sustaining the Services' legacy 
     assets, particularly the fleet of 110-foot cutters, and HH-65 
     helicopters. The rapid deterioration of these assets is 
     draining funding and resources from the acquisition of 
     replacement assets and lengthening the time before new assets 
     will be employed by Coast Guardsmen in our waters and in our 
     skies. The authorized funding level would also accelerate the 
     purchase of new Deepwater assets, making assets with enhanced 
     capabilities available more quickly to carry out the 
     Service's many important traditional and homeland security 
     missions.
       The authorization for the Acquisitions, Construction and 
     Improvement account AC&I account includes $101 million for 
     the upgrading of the Rescue 21 program. The conferees are 
     very concerned that the funding for this critically important 
     program has significantly decreased over the past year, and 
     would like to see funding restored to at least this level for 
     FY 2006.
       The conferees note that the Coast Guard and the State of 
     Hawaii have been working jointly pursuant to a Memorandum of 
     Understanding to develop an emergency communications system 
     for state and federal officials, known as the Rainbow 
     (Anuenue) Digitial Microwave Project, on a matched-funding 
     basis. Rescue 21 in Hawaii will utilize the infrastructure 
     provided by this project. Now that the State has its money in 
     place, the conferees expect the Coast Guard to move forward 
     with its obligations under the Memorandum of Understanding to 
     complete the project.
       The authorization for the Acquisitions, Construction and 
     Improvement account also includes $8.7 million to be used for 
     the construction of an Aquatic Training Facility for the 
     Aviation Survival Technician ``A'' School located at Coast 
     Guard Air Station Elizabeth City, NC, $10 million to complete 
     the Vessel Traffic System upgrade for Puget Sound, and $3 
     million to complete the construction of the Sector Operations 
     Building for Group Seattle.
       With respect to the authorization of Research, Development, 
     Test and Evaluation funding, the conferees strongly believe 
     that this funding should remain under the Coast Guard's 
     direct control and should not be transferred to any other 
     entity within the Department of Homeland Security, as the 
     President has again proposed. The Coast Guard's unique 
     character as a military service with a wide scope of 
     regulatory functions requires that this funding be available 
     to support missions including defense readiness, search and 
     rescue, marine environmental protection, providing aids to 
     navigation and protecting America's maritime homeland 
     security.
       With respect to the funding for bridge alterations, the 
     conferees recommend that $20 million of the total amount be 
     utilized to make changes to the Galveston Causeway Railroad 
     Bridge in Galveston, Texas to improve navigation safety and 
     $2.5 million be

[[Page H1656]]

     utilized to continue work on the Chelsea Bridge in Boston, 
     Massachusetts.
       The conferees recommend that the Coast Guard re-evaluate 
     the categorization of both the Leeville Bridge and the Kerner 
     Ferry Bridge in Louisiana. The Leeville Bridge provides the 
     only access to Port Fouchon and Grand Isle, and has been 
     struck 11 times in the past year while the Kerner Ferry 
     Bridge has experienced several vertical clearance problems. 
     These bridges are currently categorized as non-hazards to 
     navigation, therefore making them ineligible for funds under 
     the Truman-Hobbs Act.
       The conferees are aware of the efforts of the Institute of 
     Marine and Coastal Sciences at Rutgers University to develop 
     a High Frequency Radar network for U.S. coastal waters. This 
     technology was used in local search and rescue demonstration 
     projects funded by the Coast Guard Research and Development 
     Center in 2004. The conferees urge the Coast Guard to work 
     with Rutgers to establish a regional pilot project in the 
     Mid-Atlantic. The goal of the project should be to make CODAR 
     an operational search and rescue tool.
       The conferees are aware that the Coast Guard Cutter ACACIA 
     is scheduled to be decommissioned in 2006. The conferees urge 
     the Coast Guard to replace the ACACIA with a vessel that has 
     icebreaking capabilities in order to maintain commercial 
     shipping in the Great Lakes and particularly northern Lake 
     Michigan. The need to ensure the availability of a ship that 
     can assist in icebreaking is particularly important because 
     the Canadian government has decommissioned one of its buoy 
     tenders, which will increase the demands on U.S. icebreakers. 
     Therefore, the Coast Guard should ensure that an icebreaking 
     tug shall continue to be home ported on northern Lake 
     Michigan and shall provide the necessary funding for 
     operations and maintenance of such vessel.
       The conferees recommend that the United States Coast Guard 
     Captains of the Port be made aware that vessels that use 
     certain valves manufactured by TankTech have been banned in 
     Denmark and Italy because of safety concerns with those 
     valves. That ban has been upheld by the European Union 
     Commission based on tests at EU-approved laboratories. The 
     American Bureau of Shipping is also recommending that these 
     valves be removed from all vessels that they class. 
     Additionally, the conferees recommend that the United States 
     Coast Guard work more closely with its European Union 
     maritime counterparts with regards to testing and test 
     evaluation of those valves to ensure uniformity of test 
     results.
     Section 102. Authorized levels of military strength and 
         training
       Section 102 of the House bill authorizes a Coast Guard end-
     of-year strength of 45,500 active duty military personnel for 
     FY 2006. This level maintains the personnel level that was 
     authorized at the end of FY 2005. The section also authorizes 
     average military training student loads for FY 2006 at the 
     same level as was authorized in FY 2005. At the end of FY 
     2005, 39,717 active duty personnel were serving in the Coast 
     Guard. The section also authorizes average military training 
     student loads for FY 2006 as follows:

 
------------------------------------------------------------------------
                                                               Student
                          Training                              years
------------------------------------------------------------------------
Recruit/Special............................................        2,500
Flight.....................................................          125
Professional...............................................          350
Officer Acquisition........................................        1,200
------------------------------------------------------------------------

       Section 102 of the Senate amendment is substantively 
     similar to the House bill, except that it authorizes these 
     personnel levels for FYs 2006 and 2007.
       The Conference substitute adopts the House provision.
     Section 103. Authorization of funding related to Katrina
       Section 103 of the House bill authorizes $60,000,000 (above 
     the amount authorized for the Coast Guard in Section 101) in 
     FY 2005 for the Coast Guard's emergency hurricane expenses, 
     emergency repairs, deployment of personnel, to support costs 
     of evacuation, and other costs resulting from the immediate 
     relief efforts related to Hurricane Katrina.
       Section 702 of the Senate amendment similarly authorizes 
     funding above the amount authorized in Section 101 in FY 
     2005. The Section specifically authorizes $200,000,000 for 
     the operation and maintenance of the Coast Guard in 
     responding to Hurricane Katrina, including for search and 
     rescue efforts, clearing channels, emergency response to oil 
     and chemical spills, and increased costs due to higher than 
     expected fuel costs. Also, $300,000,000 is authorized for the 
     acquisition, construction, renovation, and improvements of 
     aids to navigation, shore and offshore facilities, and 
     vessels and aircraft related to damage caused by Hurricane 
     Katrina.
       The Conference substitute adopts the Senate provision with 
     an amendment that includes a supplemental authorization of 
     $300,000,000 for the Coast Guard's Operating Expenses account 
     and $200,000,000 for the Acquisitions, Construction and 
     Improvements account for non-reimbursed expenditures 
     associated with the Coast Guard's response to Hurricane 
     Katrina and stipulates that amounts appropriated under this 
     authorization are to remain available until expended.
     Section 104. Web-based data management
       The House bill does not contain a similar provision.
       Section 104 of the Senate amendment provides an 
     authorization of $1,000,000 for the Coast Guard to continue 
     their development of a web-based risk management system that 
     links occupational health and safety databases to reduce 
     accidents and fatalities.
       The Conference substitute adopts the Senate provision.

                         TITLE II--COAST GUARD

     Section 201. Extension of Coast Guard vessel anchorage and 
         movement authority
       Section 201 of the House bill amends section 91 of title 
     14, United States Code, (relating to the Coast Guard's 
     authority to establish security areas to ensure the safety 
     and security of naval vessels) to redefine the term 
     `navigable waters of the United States' to include 
     territorial waters out to 12 nautical miles from shore. 
     This amendment updates existing law to reflect the 
     expansion of U.S. territorial waters from 3 nautical miles 
     to 12 nautical miles from shore that was made by 
     Presidential Proclamation Number 5928 on December 27, 
     1988.
       Section 201 of the Senate amendment is substantively 
     similar to the House bill.
       The Conference substitute adopts the House provision.
     Section 202. International training and technical assistance
       Section 202 of the House bill authorizes the Commandant of 
     the Coast Guard to conduct international training and to 
     provide technical assistance to international navies, coast 
     guards and maritime authorities during regular Coast Guard 
     operations without requiring a specific request from a third 
     party U.S. Government agency.
       Section 207 of the Senate amendment is substantively 
     similar to the House bill.
       The Conference substitute adopts the House provision.
     Section 203. Officer promotion
       Section 203 of the House bill authorizes the Secretary of 
     the department in which the Coast Guard is operating to waive 
     time in grade requirements for junior and midgrade officers 
     to ensure that all officers are considered for promotion 
     earlier than is currently possible under title 14, United 
     States Code. This section would grant officers of the Coast 
     Guard the same below grade promotion opportunity that is 
     currently authorized for officers of the other military 
     services. This change would allow the Coast Guard to have 
     more flexibility in promoting the best qualified officers.
       Section 406 of the Senate amendment is substantively 
     similar to the House bill.
       The Conference substitute adopts the House provision.
     Section 204. Coast Guard Band Director
       Section 204 of the House bill authorizes the Secretary to 
     appoint the United States Coast Guard Band Director at a rank 
     commensurate with the person's experience and training, 
     rather than requiring the Director to be appointed as junior 
     officer. The proposal would also allow the Secretary to 
     appoint a person who is not a member of the Coast Guard as 
     the Band Director rather than being limited to only members 
     of the Coast Guard.
       Section 402 of the Senate amendment is identical to the 
     House bill, except for minor technical changes.
       The Conference substitute adopts the House provision.
     Sec. 205 Authority for one-step turnkey design-build 
         contracting
       Section 205 of the House bill authorizes the Secretary to 
     award consolidated design-build contracts using a one-step 
     turnkey selection procedure similar to the authority provided 
     to the Department of Defense. One-step turnkey contracting 
     authority would all the selection of a contractor on the 
     basis of price and other evaluation criteria through a single 
     proposal for both the design and construction of a facility.
       Section 405 of the Senate amendment is identical to the 
     House bill, except for minor technical changes.
       The Conference substitute adopts the House provision.
     Section 206. Reserve recall authority
       Section 206 of the House bill authorizes the Secretary to 
     order Coast Guard Reservists to active duty, for not more 
     than sixty days in any four-month period and not more than 
     one hundred twenty days in any two-year period, to augment 
     Coast Guard active duty forces.
       Section 403 of the Senate Amendment is substantively 
     similar to the House provision; however it also expands the 
     ability to use recalls for a threat of a terrorist attack. 
     The provision also requires that, for purposes of calculating 
     the duration of active duty, a period of active duty shall 
     begin on the first day that a member reports to active duty, 
     including for training.
       The Conference substitute adopts the Senate provision with 
     a technical amendment.
     Section 207. Reserve Officer distribution
       Section 207 of the House bill amends Section 724 of title 
     14, United States Code, to link Coast Guard Reserve officer 
     authorization levels to active duty officer authorization 
     levels for junior and mid-grade officers in order to properly 
     distribute the numbers of Reserve officers in those grades. 
     The proposal would also make clear that Reserve officers in 
     an active status are counted only against the Reserve 
     component strength.

[[Page H1657]]

       Section 401 of the Senate amendment is identical to the 
     House provision, except for a minor technical change.
       The Conference substitute adopts the House provision.
     Section 208. Expansion of use of auxiliary equipment to 
         support


                          coast guard missions

       Section 208 of the House bill authorizes the Coast Guard to 
     cover personal motorized vehicles of members of the Coast 
     Guard Auxiliary, in limited circumstances, under Coast Guard 
     claims procedures when an Auxiliary member is towing, under 
     official Coast Guard orders and in support of Coast Guard 
     missions, trailers that carry government owned boats and 
     other equipment. Currently, an Auxiliary member is only 
     eligible for liability coverage under Coast Guard claims 
     procedures when the member uses his own vehicle to tow his 
     own boat or Auxiliary equipment that has been designated for 
     Coast Guard use.
       Section 404 of the Senate amendment is substantively 
     similar to the House provision.
       The Conference substitute adopts the House provision with a 
     clarifying amendment.
     Section 209. Coast Guard History Fellowships
       Section 209 of the House bill authorizes the Secretary to 
     develop regulations to award Coast Guard History Fellowships 
     to graduate students who agree to prepare their doctoral 
     dissertations on issues related to the history of the Coast 
     Guard.
       The Senate amendment did not contain a similar provision.
       The Conference substitute adopts the House provision with 
     an amendment that limits the total amount of any fellowship 
     to $25,000 per year and the number of fellowships awarded in 
     each year to no more than two.
     Section 210. Icebreakers
       Sec. 210 of the House bill requires the Secretary to 
     submit, not later than 90 days after the date of the 
     enactment of the Act, to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a plan for operation and maintenance of Coast Guard 
     icebreakers in the waters of Antarctica after FY 2006 that 
     does not rely on the transfer of funds to the Coast Guard by 
     any other Federal agency. The plan must be implemented after 
     FY 2006, subject to the availability of appropriations.
       Sec. 210 of the Senate amendment requires the Coast Guard 
     to take all necessary measures to maintain, at a minimum, its 
     current vessel capacity for carrying out icebreaking in the 
     Arctic and Antarctic regions and for the long-term 
     recapitalization of such vessels. It authorizes $100,000,000 
     for the Department in which the Coast Guard is operating to 
     carry out this section.
       The Conference substitute adopts a provision that requires 
     the Coast Guard to submit to Congress not later than 90 days 
     after enactment a plan to operate and maintain the POLAR 
     STAR, POLAR SEA, and HEALY fleet after FY 2006 and for the 
     long-term recapitalization of the Coast Guard's polar 
     icebreaking fleet. The provision further directs the Coast 
     Guard to take all measures necessary to maintain current 
     operational capabilities to carry out icebreaking operations 
     in the Arctic, the Antarctic, the Great Lakes and the 
     Northeast. Lastly, the provision includes an authorization of 
     $100,000,000 for FY 2006 to carry out these obligations with 
     respect to the Coast Guard's polar icebreakers.
       The conferees are extremely concerned by the 
     Administration's continued proposals to divert funds to 
     operate Coast Guard icebreakers from the Coast Guard's budget 
     to that of another Federal agency. Such a transfer of funds 
     from the Coast Guard's control could force the service to 
     operate and maintain these vessels in the future without any 
     reliable source of funding. The conferees strongly agree with 
     the recommendations of the National Academy of Sciences' 
     interim report that the United States retains icebreaking 
     capabilities to assert significant geo-political, security, 
     economic, and scientific interests in the Arctic and 
     Antarctic.
     Section 211. Operation as a service in the Navy
       Section 211 of the House bill removes the automatic trigger 
     in current law whereby the Coast Guard will operate as a 
     service in the United States Navy upon the declaration of 
     war. It retains the provision in current law whereby the 
     Coast Guard will operate as a service in the Navy when the 
     President directs.
       The Senate amendment does not contain a comparable 
     provision.
       The Conference substitute adopts language that clarifies 
     that the Coast Guard shall operate as a service in the Navy 
     only upon positive action by Congress or the President.
     Section 212. Limitation on transfer to St. Elizabeths 
         Hospital
       Section 215 of the House bill provides that the Coast Guard 
     may not move any of its personnel, property, or other assets 
     to the West Campus of St. Elizabeths Hospital until the 
     Administrator of General Services submits to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation and the Committee on Environment and Public 
     Works of the Senate plans to provide road access to the site 
     from Interstate 295 and for the design of facilities for at 
     least one federal agency other than the Coast Guard that 
     would house no less than 2,000 employees at such location.
       The Senate amendment does not contain a comparable 
     provision.
       The Conference substitute adopts the House provision with 
     an amendment that adds several items to the scope of the 
     plans that are required to be submitted to Congress.
     Section 213. Cooperative arrangements
       The House bill does not contain a comparable provision.
       Section 204 of the Senate amendment would require the Coast 
     Guard to submit a report on opportunities for and the 
     feasibility of co-locating Coast Guard assets and personnel 
     at facilities of other Armed Services branches as well as 
     entering into cooperative agreements for carrying out Coast 
     Guard missions.
       The Conference substitute adopts the Senate provision with 
     a technical modification. The conferees direct the Coast 
     Guard to examine Naval Station Everett and Naval Station 
     Pascagoula for such potential arrangements.
     Section 214. Biodiesel feasibility report
       The House bill does not contain a comparable provision.
       Section 209 of the Senate amendment would require the Coast 
     Guard to submit a report on the feasibility of using bio-
     diesel fuel in both new and existing vehicles and vessels.
       The Conference substitute adopts the Senate provision. The 
     conferees expect the Coast Guard to identify and consider 
     analyses on the use of biodiesel fuel conducted by other 
     agencies as part of its study.
     Section 215. Boating Safety Director
       The House bill does not contain a comparable provision.
       Section 408 of the Senate amendment would ensure that the 
     individual who is assigned as the Director of the Coast 
     Guard's Office of Boating Safety office will be a uniformed 
     officer in the rank of Captain.
       The Conference substitute adopts the Senate provision.
     Section 216. Hangar at Coast Guard Air Station Barbers Point
       The House bill does not contain a comparable provision.
       Section 409 of the Senate amendment would require the Coast 
     Guard to submit a report that includes a proposal and cost 
     analysis for constructing an enclosed hangar at Coast Guard 
     Air Station Barbers Point. The current station is not 
     enclosed and is not 10 large enough to house a single C-130. 
     Due to the resulting exposure, aircraft are experiencing 
     corrosion.
       The Conference substitute adopts the Senate provision.
     Section 217. Promotion of Coast Guard Officers
       The House bill does not contain a comparable provision.
       Section 410 of the Senate amendment modifies the 
     requirement for advice and consent of the Senate for officer 
     appointments to the rank of Lieutenant (O-3) and below in 
     both peacetime and wartime.
       The Conference substitute adopts the Senate provision.
     Section 218. Redesignation of Coast Guard Law Specialists as 
         Judge Advocates
       The House bill does not contain a comparable provision.
       Section 407 of the Senate amendment would redesignate Coast 
     Guard ``law specialists'' as ``judge advocates.'' The Coast 
     Guard is currently the only military service that does not 
     use the title ``judge advocate'' for its military attorneys.
       The Conference substitute adopts the Senate provision.

                   TITLE III--SHIPPING AND NAVIGATION

     Section 301. Treatment of ferries as passenger vessels
       Section 301 of the House bill amends the definition of 
     ``passenger vessel'' and ``small passenger vessel'' to 
     include ferries that carry passengers with or without charge.
       The Senate amendment does not contain a comparable 
     provision.
       The Conference substitute adopts the House provision.
     Section 302. Great Lakes pilotage annual ratemaking
       Section 302 of the House bill requires the Coast Guard to 
     review and adjust pilotage rates as necessary by March 1 of 
     each year, which is in advance of the opening of the Great 
     Lakes shipping season. Annual adjustments lend stability to 
     the shipping system by avoiding the much larger increases 
     that have occurred recently when multiple years lapse between 
     adjustments.
       The Senate amendment does not contain a comparable 
     provision.
       The Conference substitute includes a provision that 
     requires the Secretary of the department in which the Coast 
     Guard is operating to adjust Great Lakes pilotage rates 
     annually based on an annual review of base pilotage rates 
     that are required to be established not less than every 5 
     years following a full rulemaking process. It is not, 
     however, the intent of the conferees that the adjustment of 
     annual rates be subject to a full rulemaking process.
     Section 303. Certification of vessel nationality in drug 
         smuggling cases
       Section 303 of the House bill amends the Maritime Drug Law 
     Enforcement Act to strike the requirement that the United 
     States receive a denial of a vessel's claim of

[[Page H1658]]

     registry from a foreign country before asserting jurisdiction 
     over a vessel. The revised language requires only that the 
     United States receive a response from a foreign government 
     regarding the claim of registry. Therefore, this amendment 
     would allow the U.S. to prove that a flag State, which the 
     defendant alleged has jurisdiction, does not have such 
     jurisdiction if the flag State, in response to a U.S. 
     inquiry, responds that it can neither confirm nor deny a 
     suspect vessel's nationality.
       Section 210 of the Senate amendment contains a 
     substantively similar provision with a technical change that 
     clarifies that the response of a foreign nation may be made 
     by radio, telephone, or similar oral or electronic means and 
     is conclusively proved by certification of the Secretary of 
     State or the Secretary's designee.
       The Conference substitute adopts the Senate provision with 
     a technical amendment.
     Section 304. LNG tankers
       Section 304 of the House bill requires the Secretary of 
     Transportation to develop a program to promote the 
     transportation of liquefied natural gas (LNG) by the maritime 
     transportation sector. The provision also amends the 
     Deepwater Port Act to direct the Secretary to prioritize the 
     processing of licenses for LNG facilities that would be 
     supplied by U.S.-flagged LNG vessels.
       The Senate amendment does not include a comparable 
     provision.
       The Conference substitute adopts the House provision with 
     an amendment that amends the Deepwater Port Act to require an 
     applicant for a deepwater port license to include, as part of 
     the application, information regarding the vessels that are 
     reasonably expected to service the port upon construction. 
     The provision also requires the Coast Guard to provide the 
     same information to the Federal Energy Regulatory Commission 
     as part of the Coast Guard's contribution to the 
     Environmental Impact Statement for landside liquefied natural 
     gas and liquefied petroleum facilities.
     Section 305. Use of maritime safety and security teams
       The House bill does not include a comparable provision.
       Section 704 of the Senate amendment provides that the 
     Secretary may use maritime safety and security teams to 
     implement any mission of the Coast Guard.
       The Conference substitute adopts the Senate provision with 
     a technical amendment.
     Section 306. Enhanced civil penalties for violations of the 
         Maritime Transportation Security Act
       The House bill does not include a comparable provision.
       Section 704 of the Senate amendment would amend section 
     70119 of title 46, United States Code, to permit the 
     Secretary to assess substantial separate and continuing civil 
     penalties to compel owners and operators of vessels and 
     facilities to comply with MTSA. The total fines per violation 
     would not exceed $50,000 during FY2006, $75,000 during 
     FY2007, and $100,000 after FY2007.
       The Conference substitute adopts a provision that makes 
     each day during which a violation of Chapter 701 of title 46, 
     United States Code, a separate violation and caps a civil 
     penalty for a violation at no more than $50,000. Additionally 
     the conferees agree that the Secretary shall have the 
     prerogative to take into account the nature, circumstances, 
     and extent of the violation in assessing the penalty.
       This section will add a dimension of enforcement 
     flexibility for the Secretary to assess a civil penalty for 
     each day an owner/operator remains non-compliant beyond the 
     first day on which the violation was cited. Currently, the 
     only alternative means of enforcement is for the Secretary to 
     order cessation of vessel or facility operation until the 
     owner or operator corrects the outstanding violation. This 
     provision will expand the enforcement options available to 
     the Secretary under MTSA, consistent with other statutes that 
     provide for a separate violation for each day a violation 
     remains outstanding.
     Section 307. Training of cadets at United States Merchant 
         Marine Academy
       Section 406 of the House bill authorizes cadets at the 
     Merchant Marine Academy to train aboard foreign-flagged 
     liquefied natural gas (LNG) vessels if the Secretary 
     determines that such training is in the interest of the 
     United States.
       The Senate amendment does not include a comparable 
     provision.
       The Conference substitute adopts the House provision.
       Currently, cadets at the Academy are prohibited from 
     training aboard foreign-flagged vessels; however there are no 
     U.S.-flagged LNG vessels in operation. Future national energy 
     strategies will likely place increased emphasis on the 
     transport of LNG to U.S. ports resulting in a high demand for 
     merchant mariners with previous training and experience 
     aboard LNG vessels. This authority will allow Merchant 
     Marine Academy cadets to gain that training in the interim 
     before U.S.-flagged LNG vessels come into operation.
     Section 308. Reports from mortgagees of vessels
       Section 411 of the House bill authorizes the Secretary to 
     require reports from mortgagees in addition to those required 
     of owners, masters and charterers. Section 12120 of Title 46, 
     United States Code, authorizes the Secretary of the 
     Department in which the Coast Guard is operating to require 
     owners, masters and charterers of vessels engaged in the 
     coastwise trade and the fisheries to submit reports to ensure 
     compliance with vessel documentation laws. These reports may 
     be in any reasonable form prescribed by the Secretary.
       Section 206 of the Senate amendment is identical.
       The Conference substitute adopts the House provision.
     Section 309. Determination of the Secretary
       Section 413 of the House bill would prevent the Secretary 
     from considering any felony conviction that occurred more 
     than 7 years prior to the date of the Secretary's 
     determination when evaluating whether an individual poses a 
     terrorism risk for the United States for the purpose of 
     obtaining a transportation security card. This provision also 
     specifies that an appeal of a denial of an application for a 
     transportation security card must include an opportunity for 
     a hearing before an administrative law judge.
       The Senate amendment does not include a comparable 
     provision.
       The Conference substitute adopts a provision that requires 
     the Secretary of the department in which the Coast Guard is 
     operating to establish a review process before administration 
     law judges to consider an appeal of a denial of an 
     application for a transportation security card.
       Nothing in this section provides authority for the 
     Secretary or the Administrative Law Judge to make a separate 
     determination as to whether an individual may be denied 
     admission to the United States or removed from the United 
     States under the Immigration and Nationality Act. Those 
     determinations are to be governed by the Immigration and 
     Nationality Act and not section 70105 of title 46, United 
     States Code.
     Section 310. Setting, relocating, and recovery of anchors
       Section 415 of the House bill prohibits the use of a vessel 
     that has not been documented under U.S. law with a registry 
     endorsement to set or move anchors or other mooring equipment 
     of a mobile offshore drilling unit located above or on the 
     outer Continental Shelf.
       Section 217 of the Senate amendment contains a similar 
     provision that additionally prohibits the movement of 
     merchandise or personnel to or from a point in the United 
     States from or to a mobile offshore drilling unit located 
     over the outer Continental Shelf that is not attached to the 
     seabed or attached to the seabed but not actively exploring 
     for oil and gas resources.
       The Conference substitute adopts a provision that prohibits 
     the use of a vessel that does not hold a registry endorsement 
     to set or move anchors or other mooring equipment of a mobile 
     offshore drilling unit located over the outer Continental 
     Shelf or to transport merchandise or personnel to or from a 
     point in the United States from or to a mobile offshore 
     drilling unit located over the outer Continental Shelf that 
     is not attached to the seabed. The purpose of subsection 
     (c)(1 )(A) is to require that only an American registered 
     vessel can engage in any activity performed in connection 
     with the mooring or unmooring of a mobile offshore drilling 
     unit located over the U.S. outer Continental Shelf.
     Section 311. International tonnage measurement of vessels 
         engaged in the Aleutian Trade
       Section 416 of the House bill would amend Chapter 33 of 
     title 46, United States Code, to apply the current exemption 
     from Coast Guard inspection for certain fish tender vessels 
     that are 500 gross tons or less, as measured under the 
     regulatory tonnage system, and engaged in the Aleutian trade 
     to such vessels that are 2,500 gross tons or less, as 
     measured under the International Tonnage Convention.
       The Senate amendment does not include a comparable 
     provision.
       The Conference substitute adopts the House provision.
       Under current law, fish tender vessels that are not more 
     than 500 gross tons, as measured under regulatory tonnage, or 
     an alternate tonnage to be prescribed by the Secretary and 
     engaged in the Aleutian trade are exempt from Coast Guard 
     inspection requirements. However, the Coast Guard has never 
     completed the rulemaking process to establish an equivalent 
     alternate tonnage under the international measurement system. 
     As a result, the Aleutian trade fleet has experienced 
     confusion and complications as vessel owners seek to proceed 
     with fleet modernization plans that call for the replacement 
     of current vessels with new vessels that have been measured 
     under the International Tonnage Convention. This provision 
     will alleviate the delay in implementing regulations 
     establishing alternate tonnages as part of the transition 
     from traditional regulatory tonnage to the international 
     measures system.
       The conferees recommend that the Coast Guard and the 
     Secretary take swift action to complete the regulatory 
     process to adopt alternate tonnage systems for all vessel 
     classes in the U.S. fleet.
     Section 312. Riding gangs
       Section 425 of the House bill would authorize foreign 
     citizens who are not considered seamen and who do not carry 
     out watchstanding functions aboard a vessel to carry out 
     certain repair work on U.S.-flag vessels while underway. The 
     provision also requires that any such foreign personnel

[[Page H1659]]

     must possess a valid transportation security card that is 
     required for maritime workers under section 70105 of title 
     46, United States Code.
       The Senate amendment does not include a comparable 
     provision.
       The Conference substitute adopts a provision that would 
     authorize the use of foreign citizens who are not considered 
     seamen and who do not carry out watchstanding functions 
     aboard a vessel to carry out certain repair work on U.S.-flag 
     vessels while underway when U.S. citizens or residents are 
     unavailable to complete the work and for not more than 60 
     days in each calendar year.
       The conferees intend to allow for the employment of certain 
     individuals on freight vessels on international voyages for 
     extended periods qualifying as ``riding gang members'' 
     without placing these vessels at a competitive disadvantage 
     against similar foreign flag vessels. Under this section, 
     riding gang members may only perform repairs consistent with 
     the provisions of the section, as deemed necessary by the 
     Master, acting on behalf of the vessel operator. This 
     language in no way prevents or limits a vessel's Master from 
     obtaining necessary personnel to perform unforeseen emergency 
     repairs when such circumstances arise. Under the section, the 
     Master, acting on behalf of the vessel operator, may utilize 
     riding gang personnel, in addition to the 60 days allowed 
     under this section, under certain situations when a riding 
     gang member is necessary to perform warranty work.
       This section requires each riding gang member to undergo a 
     criminal background check and requires the vessel owner or 
     operator to certify that these checks have been completed. 
     New section 8106(a)(1)(A) of title 46 U.S. Code requires that 
     such individuals possess a valid United States nonimmigrant 
     visa for persons desiring to enter the United States 
     temporarily if they are not a U.S. citizen or alien lawfully 
     admitted for permanent residence.
       The section also provides for chemical testing, as well as 
     compliance with shipboard familiarization training in 
     accordance with the International Convention of Training, 
     Certification, and Watchkeeping for Seafarers, 1978, as 
     amended. The Coast Guard is expressly authorized to order the 
     removal of an individual found with probable cause to have 
     committed certain criminal offenses or otherwise constitutes 
     a threat to the safety of U.S. flag freight vessels.
       The conferees do not intend to alter collective bargaining 
     agreements that freight vessel owners or operators may have 
     with U.S. maritime labor unions or their documented mariners 
     through this section; nor is it intended in any way to 
     derogate from the traditional maritime jurisdiction of any 
     maritime labor unions. Owners and operators will be required 
     to ensure that an agreement be entered into with each riding 
     gang member that meets or exceeds the minimum international 
     standards of all applicable ILO conventions to which the 
     United States is a party, and shall, at a minimum, include 
     all of the merchant seamen protection and relief provisions 
     contained in the United States Code, including but not 
     limited to those that are set forth in Chapter 103 of Title 
     46 of the United States Code.
       Under this section, violations are punishable by a civil 
     penalty of not more than $10,000 a day, and each day of a 
     continuing violation constitutes a separate violation. The 
     legislation further establishes maximum penalties for 
     continuing violations. Moreover, in determining the amount of 
     the penalty, the Secretary is authorized to take into account 
     the nature, circumstances, extent, and gravity of the 
     violation committed and, with respect to the violator, the 
     degree of culpability, history or prior offenses, ability to 
     pay, and such other matters as justice may require.

                        TITLE IV--MISCELLANEOUS

     Section 401. Authorization of Junior Reserve Officers 
         Training Program Pilot Program
       Section 402 of the House bill authorizes the Secretary to 
     carry out a pilot program to establish a Coast Guard junior 
     reserve officers training program in Camden County, North 
     Carolina.
       The Senate amendment does not include a comparable 
     provision.
       The Conference substitute adopts the House provision with 
     an amendment to clarify that active duty officers and members 
     of the Coast Guard, including reservists on active duty, may 
     not be stationed as administrators or instructors as part of 
     the pilot program.
     Section 402. Transfer
       Section 403 of the House bill authorizes the Secretary to 
     convey the decommissioned Coast Guard cutter PLANTREE to the 
     CAS Foundation, Inc., a nonprofit corporation in the State of 
     Indiana.
       The Senate amendment does not include a comparable 
     provision.
       The Conference substitute adopts the House provision with 
     an amendment that permits the vessel to be used for 
     humanitarian purposes.
     Section 403. LORAN-C
       The House bill does not include a comparable provision.
       Section 214 of the Senate amendment would authorize the 
     Department of Transportation to transfer $25,000,000 in FY 
     2006 and in FY 2007 from the Federal Aviation Administration 
     to the Coast Guard for recapitalization of the LORAN-C radio 
     navigation system.
       The Conference substitute adopts the Senate provision.
     Section 404. Long-range vessel tracking system
       Section 404 of the House bill directs the Secretary to 
     carry out a pilot program to demonstrate long-range vessel 
     tracking systems pursuant to 46 U.S.C. 70115. The section 
     also authorizes an amount of $4 million in FY 2006 to carry 
     out the pilot project.
       Section 215 of the Senate amendment includes a similar 
     provision with an additional requirement that the project be 
     conducted with the assistance of an existing non-profit 
     maritime organization that has a demonstrated capability of 
     operating satellite communications systems able to transmit 
     this type of data. In addition, it authorizes funding for 
     each of FYs 2006, 2007, and 2008.
       The Conference substitute adopts the Senate provision with 
     an amendment to make the program subject to the availability 
     of appropriations.
     Section 405. Marine vessel and cold water safety education
       The House bill does not include a comparable provision.
       Section 216 of the Senate amendment requires the Coast 
     Guard to continue existing agreements with organizations that 
     provide marine vessel safety training and cold water 
     immersion education to fishermen and children.
       The Conference substitute adopts the Senate provision.
     Section 406. Reports
       Section 405 of the House bill requires the Secretary to 
     review and report to Congress on the adequacy of Coast Guard 
     air and surface assets at several Coast Guard stations and 
     sectors to carry out the Service's traditional missions of 
     search and rescue, drug and migrant interdiction, and marine 
     environmental protection in addition to homeland security 
     responsibilities.
       The Senate amendment does not include a comparable 
     provision.
       The Conference substitute adopts a provision that is 
     similar to the House-passed provision.
     Section 407. Conveyance of the Decommissioned Coast Guard 
         Cutter MACKINAW
       Section 408 of the House bill directs the Commandant of the 
     Coast Guard to convey the USCGC MACKINAW to the City and 
     County of Cheboygan, Michigan upon the vessel's scheduled 
     decommissioning. The section requires that the cutter be used 
     as a museum and be made available to the Federal Government 
     if needed in time of war or national emergency.
       Section 408 of the Senate amendment contains a similar 
     provision but requires the Commandant to deliver the vessel 
     to the City between June 10, 2006 and June 30, 2006.
       The Conference substitute adopts the Senate provision with 
     a slight modification to the delivery schedule to allow for a 
     change in the date of decommissioning and an adjustment to 
     convey the vessel directly to a non-profit museum.
     Section 408. Deepwater reports
       Section 409 of the House bill requires the Secretary of the 
     department in which the Coast Guard is operating to submit a 
     complete implementation plan for the Deepwater program not 
     later than 30 days after the enactment of the Act. The plan 
     was required to include a complete timeline for the 
     acquisition of each new Deepwater asset and the phase-out of 
     legacy assets for the life of the program, a projection of 
     the remaining operational lifespan of each legacy asset, a 
     detailed justification for each modification in each 
     Integrated Deepwater Program asset that fulfills the revised 
     mission needs statement for the program, and a total cost of 
     the program that aligns with the revised mission needs 
     statement for the program.
       Sections 212 and 213 of the Senate amendment are 
     substantively similar provisions. Section 212 of the Senate 
     amendment would require the Coast Guard to submit a report on 
     the status of their compliance with the GAO's recommendations 
     in report GAO-04-380, ``Coast Guard Deepwater Program Needs 
     Increased Attention to Management and Contractor Oversight.'' 
     Section 213 would require the Coast Guard to provide an 
     acquisition time line and associated costs for each asset 
     that reflects project completion in 10 years and 15 years. It 
     also would require the Coast Guard to contract with an 
     independent entity to analyze the plan and assess whether the 
     mix of assets and capabilities selected as part of that plan 
     will meet the Coast Guard's criteria of performance, 
     minimizing total ownership costs, and whether additional or 
     different assets should be considered as part of the plan.
       The Conference substitute adopts a provision that require 
     the Coast Guard to submit reports that include components 
     from both the House- and Senate-passed provisions.
       The conferees remain concerned that legacy assets are 
     deteriorating at a much faster rate than was originally 
     expected when the Deepwater plan was first developed. Coast 
     Guard vessels and aircraft are increasingly unavailable to 
     carry out the Service's missions due to unscheduled 
     maintenance and repairs. The conferees again support 
     acceleration of the Deepwater program to, in part, provide 
     new assets to replace aging legacy assets that are 
     jeopardizing the success of Coast Guard missions, putting at 
     risk the lives of the men and women of the Coast Guard and 
     siphoning away funding from the acquisition of new assets.
       The conferees expect that the reports required under this 
     section will contain a complete delivery schedule for each 
     asset to be

[[Page H1660]]

     acquired, a projection of the remaining operational lifespan 
     of each legacy asset, a detailed justification for each 
     modification to the original Deepwater plan to meet the 
     Service's revised mission needs statement, and an explanation 
     of the costs that will be required above the estimated costs 
     of the original Deepwater program resulting from such 
     modifications.
     Section 409. Helicopters
       Section 410 of the House bill would limit the number of HH-
     65 helicopters that the Coast Guard may acquire to no more 
     than four and prohibit the Commandant from acquiring such 
     helicopters until 90 days after the submission to Congress of 
     a determination that the cost of acquiring used HH-65 
     helicopters and the cost to modifying those helicopters or 
     airframes to meet the same design, construction, and 
     equipment standards that apply to the current fleet of HH-65 
     helicopters is more cost-effective than an acquisition or 
     leasing of a similar number of MH-68 helicopters.
       The Senate amendment does not include a comparable 
     provision.
       The Conference substitute adopts a provision that requires 
     the Coast Guard to study and report to Congress an analysis 
     of the potential impacts, including costs and benefits, of a 
     requirement that the Coast Guard only acquires helicopters or 
     major helicopter components built in the United States. The 
     conferees understand that some foreign helicopter 
     manufacturers own U.S. manufacturing facilities capable of 
     building helicopters and some helicopter components, but that 
     some components of those helicopters are only manufactured 
     outside the United States.
     Section 410. Newton Creek, New York City, New York
       Section 412 of the House bill requires the Coast Guard to 
     carry out a study and report to Congress on the pollution of 
     Newtown Creek in the city of New York, New York caused by oil 
     seepage.
       The Senate amendment does not contain a comparable 
     provision.
       The Conference substitute adopts the House provision with a 
     modification to require the Environmental Protection Agency 
     to carry out the study rather than the Coast Guard.
     Section 411. Report on technology
       Section 414 of the House bill requires the Commandant of 
     the Coast Guard to submit a report that includes an 
     assessment of the availability and effectiveness of 
     technologies that evaluate and identify inbound vessels and 
     their cargo for potential threats before they reach United 
     States ports, including technologies already tested or in 
     testing at joint operating centers, as well as the costs 
     associated with implementing such technology at all United 
     States ports.
       The Senate amendment does not include a comparable 
     provision.
       The Conference substitute adopts a provision that is 
     substantively similar to the House-passed provision.
     Section 412. Assessment and planning
       Section 417 of the House bill authorizes an amount of 
     $400,000 to be appropriated to the Coast Guard to carry out 
     an assessment of and planning for the impact of an Arctic Sea 
     Route on the indigenous people of Alaska.
       The Senate amendment does not contain a comparable 
     provision.
       The Conference substitute adopts the House provision with 
     an amendment to authorize the funding to the Maritime 
     Administration to carry out the assessment and planning 
     rather than the Coast Guard.
     Section 413. Homeport
       Section 418 of the House bill requires, subject to the 
     availability of appropriations, the Commandant of the Coast 
     Guard to homeport the Coast Guard cutter HEALY in Anchorage, 
     Alaska.
       The Senate amendment does not contain a comparable 
     provision.
       The Conference substitute adopts a provision that requires 
     the Coast Guard to conduct a study to assess the current 
     homeport for the Coast Guard polar icebreaker HEALY and to 
     assess whether that site or alternative homeporting 
     arrangements would enhance the Coast Guard's capabilities to 
     meet the recommendations of the Interim Report of the 
     National Academy of Sciences (Polar Icebreaker Roles and U.S. 
     Future Needs: A Preliminary Assessment), namely that the 
     United States should maintain dedicated, year-round 
     icebreaking capability in the Arctic. The provision further 
     requires the Coast Guard to report the findings of the study 
     to Congress not later than one year after the enactment of 
     this Act.
     Section 414. Opinions regarding whether certain facilities 
         create obstructions to navigation
       Section 419 of the House bill requires the Coast Guard to 
     provide an opinion in writing that states whether a proposed 
     wind energy facility would create an obstruction to 
     navigation in any case in which a person requests the 
     Secretary of the Army to take action to permit a wind energy 
     facility under the authority of section 10 of the Act of 
     March 3, 1899 (33 U.S.C. 403).
       The Senate bill does not contain a comparable provision.
       The Conference substitute adopts a provision that prohibits 
     the construction of an offshore wind energy facility in 
     Nantucket Sound unless approved by the Commandant of the 
     Coast Guard.
     Section 415. Port Richmond
       Section 424 of the House bill would prohibit the Commandant 
     of the Coast Guard from approving a security plan under 
     section 70103(c) of title 46, United States Code, for a 
     liquefied natural gas import facility at Port Richmond in 
     Philadelphia, Pennsylvania until the Secretary conducts a 
     vulnerability assessment under section 70102(b) of such 
     title.
       The Senate bill does not contain a comparable provision.
       The Conference substitute adopts the House provision.
     Section 416. Eligibility to participate in Western Alaska 
         Community Development Quota Program
       Section 426 of the House bill clarifies that the approval 
     by the Secretary of Commerce of a community development plan 
     for a Western Alaska Community Development Group does not 
     constitute a major Federal action under Federal law.
       The Senate bill does not contain a comparable provision.
       The Conference substitute establishes the Western Alaska 
     Community Development Quota program and lists the purposes of 
     the program. It is the intent of Congress that all activities 
     of the CDQ groups continue to be considered tax-exempt (as 
     has been the practice since the program's inception in 1992) 
     so that the six CDQ groups can more readily address the 
     pressing economic needs of the region.
       The Conference substitute requires that the CDQ program 
     continue to receive the same annual percentage allocations of 
     each fishery as it does now under existing Federal statute 
     and regulation. It also requires that the percentage of a 
     particular fishery allocated to the CDQ program shall be a 
     directed fishing allowance if treated as such under existing 
     practice and law (such as in the Bering Sea and Aleutian 
     Islands pollock fishery), or in the alternative to include 
     both directed fishing and non-target fishing allocation needs 
     in fisheries where that is the current practice and law for 
     the CDQ allocation. It is not the intent of the conferees to 
     either change the current allocations to the CDQ program or 
     create ``squid box'' problems where minor species such a 
     squid inhibit any directed fishing under the CDQ program.
       The Conference substitute provides that the allocation to 
     the CDQ program of certain Bering Sea and Aleutian Islands 
     groundfish species (including Pacific cod, mackerel, and 
     flatfish species) be permanently increased to 10 percent (up 
     from 7.5 percent) and treated as directed fishing allocations 
     as soon as any quota-type programs are established in any 
     sector of the applicable fishery or sector allocations are 
     adopted in the fishery.
       The Conference substitute requires that a directed fishing 
     allocation of 10 percent be made to the CDQ program in any 
     new fishery that is opened in the Bering Sea and Aleutian 
     Islands.
       The Conference substitute codifies existing practice with 
     respect to processing and any other rights related to CDQ 
     allocations. It specifies that the allocations to the CDQ 
     program itself, as well as the allocations to each of the CDQ 
     groups include the harvesting rights, the rights to process 
     the fish, and any other rights or privileges related to the 
     fish that are associated with the allocations as of March 1, 
     2006. This is not intended to give the CDQ program or the CDQ 
     groups processing privileges that they do not already have. 
     The language is also not intended to change the inshore/
     offshore split contained in the American Fisheries Act.
       The Conference substitute requires that the harvest of the 
     CDQ allocations be regulated in a manner no more restrictive 
     or costly than for other participants in the applicable 
     sector of the fishery. This section only applies to fisheries 
     with individual quotas or fishing cooperatives.
       The Conference substitute allocates to each CDQ group the 
     same percentage of each species that it was authorized to 
     harvest annually by the Secretary as of March 1, 2006. It 
     codifies the existing allocations among the groups dating 
     back to 2003 as well as allocations for new crab CDQ 
     allocations which were approved by the National Marine 
     Fisheries Service in 2005. This includes all species for 
     which the CDQ groups receive an allocation. Additionally, the 
     provision establishes a new system to reallocate up to 10 
     percent of a CDQ group's allocation if the group fails to 
     meet goals and criteria weighted by the group itself and 
     based on the needs of its region.
       By eliminating short term changes in fishery allocations, 
     the conferees intend for the CDQ groups to be able to more 
     readily address the economic needs of western Alaska.
       The Conference substitute clarifies existing law by naming 
     the 65 communities and six entities eligible to participate 
     in the CDQ program.
       The Conference substitute establishes the requirements that 
     each of the six CDQ groups must fulfill to maintain 
     eligibility in the CDQ program. Each group must be governed 
     by a board of directors, at least 75 percent of the members 
     of which are resident fishermen from the CDQ group's member 
     villages, and have at least one director from each of its 
     member villages. Each CDQ group must select a representative 
     to serve on the CDQ panel.
       The Conference substitute allows each CDQ group to make up 
     to 20 percent of its annual investments: (I) on non-fishery 
     projects in its member villages; (II) on pooled or joint 
     investments with other CDQ groups in their regions; or (III) 
     for the purpose of matching Federal or State grants for 
     projects or programs in its member villages. Any remaining

[[Page H1661]]

     investments must be in fishery related projects or for 
     purposes consistent with the current practices of the CDQ 
     groups. It also requires each CDQ group to submit an annual 
     written statement to the Secretary of Commerce and the State 
     of Alaska which summarizes its investments for the previous 
     year.
       The Conference substitute requires CDQ groups to comply 
     with any excessive share limitations in the BSAI fisheries 
     only to the extent of their proportional ownership in any 
     other entities. This provision is intended to address the 
     inherent conflict between excessive share limitations in the 
     fisheries and the CDQ program goal to expand the economic 
     base of the adjacent communities through investment in the 
     fisheries.
       The excessive share limitations imposed by the North 
     Pacific Council, Secretary, and Congress are mainly intended 
     to prevent for-profit entities and individuals from acquiring 
     excessive shares of fishing privileges in the fisheries. The 
     excessive share concept stems from National Standard Four of 
     the Magnuson-Stevens Act. It pre-dates the CDQ program and 
     fails to take into account the unique characteristics of the 
     CDQ program.
       The Conference substitute would therefore exempt CDQ groups 
     from the ``attribution'' requirements of the American 
     Fisheries Act, the crab quota program, and other federal 
     regulations. Under the ``attribution'' rules, an entity is 
     attributed with the entirety of another entity's harvesting 
     or processing capacity even if the original entity only owns 
     as little as 10 percent of the other entity. Under the 
     substitute, if a CDQ group owns 25 percent of another entity, 
     only 25 percent of the other entity's harvesting or 
     processing capacity would be counted against the CDQ group in 
     determining compliance with any excessive share limitation. 
     Similarly, if a CDQ group owns 77 percent of another entity, 
     only 77 percent of the other entity's capacity would be 
     counted against the CDQ group. The provision is intended to 
     allow the CDQ groups to continue to expand in the BSAI 
     fisheries off their shores, while not completely exempting 
     CDQ groups from excessive share limitations.
       The Conference substitute requires each CDQ group to comply 
     with State of Alaska law for the purpose of ensuring that the 
     group provides an annual report to its member villages 
     describing its financial operations, including its general 
     and administrative costs and compensation levels. This 
     provision ensures that the State of Alaska's role is to 
     ensure adequate ``transparency'' to the member villages, 
     particularly with respect to administrative costs.
       The Conference substitute requires CDQ groups to 
     additionally comply with State of Alaska banking and 
     securities law to prevent fraud. This requirement removes the 
     State of Alaska from the investment planning and decisions of 
     the CDQ groups, but creates anew, narrower role, to assist 
     the member villages in ensuring against any fraud by the CDQ 
     group. The provision also Clause (iii) requires that the CDQ 
     group and State of Alaska keep confidential from public 
     disclosure any information the disclosure of which would be 
     harmful to the entity or its investments.
       The Conference substitute exempts CDQ groups from 
     compliance with any State approval of financial transactions, 
     community development plans, and community development plan 
     amendments, however the provision requires CDQ groups to 
     comply with the decennial review conducted by the State of 
     Alaska.
       The Conference substitute establishes a community 
     development quota program panel. The CDQ Panel will consists 
     consist of a member from each of the six CDQ groups. The CDQ 
     Panel removes the need for governmental oversight of the CDQ 
     program and encourages the CDQ groups to work together. 
     Decisions by the CDQ Panel require the unanimous vote of all 
     six Panel members. The Panel may not act if there is a 
     vacancy.
       The Conference substitute requires a decennial review of 
     the CDQ program by the State of Alaska. The first review will 
     be in 2012. The CDQ Panel establishes a system to be used by 
     the State of Alaska for purposes of the decennial review that 
     allows each CDQ group to assign relative values to certain 
     criteria in order to match the relative weights of the 
     criteria to the specific needs identified by the CDQ group 
     for its villages. The criteria are: (I) changes in the 
     population, poverty level, and economic development in the 
     CDQ group's member villages; (II) the overall financial 
     performance of the CDQ group, including its fishery and non-
     fishery investments; (III) the employment, scholarships, and 
     training supported by the CDQ group; (IV) the achievement of 
     the goals of the entities Community Development Plan. Each 
     CDQ group would weight these criteria to reflect the needs of 
     its member villages.
       The Conference substitute requires the State of Alaska to 
     use the criteria as weighted by each CDQ group to determine 
     the performance of each CDQ group under the decennial review. 
     The State of Alaska is required to make each performance 
     determination on the record and after an opportunity for a 
     hearing. If the State applies the CDQ group's weightings and 
     determines that a CDQ group has maintained or improved its 
     overall performance, the allocations to the CDQ group are 
     automatically extended for the next 10-year period. If, on 
     the other hand, the State determines that a CDQ group has 
     failed to maintain or improve its performance as measured 
     under the weighted criteria, then at least 90 percent of 
     the CDQ group's allocation of each species under is 
     automatically extended, and the State may determine an 
     appropriate reduction of up to 10 percent of each species 
     for all or part of the next 10-year period. If State law 
     prevents the State from making this determination then the 
     Secretary may make the appropriate reduction. Any 
     reductions imposed by the State of Alaska or the Secretary 
     under shall be reallocated for the period of the reduction 
     to the other non-penalized groups in proportion to each 
     non-penalized group's allocation of the applicable 
     species.
       The Conference substitute eliminates the requirement that 
     CDQ groups seek either the review or approval by the 
     Secretary of community development plans or amendments to 
     community development plans. The Conference agreement does 
     not require the State of Alaska to approve community 
     development plans and amendments.
       Nothing in the Conference substitute should be construed or 
     implemented in a way that causes any interruption to the CDQ 
     program or to the opportunity of CDQ groups to harvest their 
     allocations.
       Subsection (b) would amend existing CDQ loan authority to 
     set the upper limit for the total of the CDQ loans provided 
     by the recent bill language, and paragraph (2) would clarify 
     that CDQ loans under the 1998 CDQ program may be used for the 
     purchase of vessels, processors, permits, quota, and 
     cooperative rights.
     Section 417. Quota share allocation
       Section 427 of the House bill provides that a portion of 
     the total crab processing quota shares equal to 1.5 percent 
     of the total allowable catch for the Bristol Bay red king 
     crab fishery and the Bering Sea C. Opilio crab fishery be 
     made available to the vessel Blue Dutch, LLC in years when 
     the total allowable catch for that fishery is more than 2 
     percent higher than the total allowable catch for that 
     fishery during calendar year 2005.
       The provision further provides that the Voluntary Three-Pie 
     Cooperative Program for crab fisheries of the Bering Sea and 
     Aleutian Islands implementing regulations shall thereafter be 
     adjusted so that the total of all crab processing quota 
     shares for each fishery referred to equals 90 percent of the 
     total allowable catch.
       The Senate bill does not contain a comparable provision.
       The Conference substitute adopts a provision that directs 
     the Secretary of Commerce to modify the Voluntary Three-Pie 
     Cooperative Program for crab fisheries of the Bering Sea and 
     Aleutian Islands to provide 0.75 percent of the processor 
     quota share units for the Bristol Bay red king crab fishery 
     and the Bering Sea C. Opilio crab fishery to the vessel Blue 
     Dutch, LLC in years when the total allowable catch for that 
     fishery is more than 2 percent higher than the most recent 
     total allowable catch for that fishery prior to September 15, 
     2005.
     Section 418. Maine fish tender vessels
       The House bill does not contain a comparable provision.
       Section 211 of the Senate amendment would establish a 
     waiver that would allow vessels not built in the United 
     States to transport fish and shellfish within the coastal 
     waters of the State of Maine if that vessel is ineligible for 
     documentation under chapter 121 of title 46, United States 
     Code because it measures less than 5 net tons and has 
     transported fish or shellfish within the coastal waters of 
     the State of Maine prior to December 31, 2004.
       The Conference substitute adopts a provision that 
     authorizes foreign-built vessels that are less than 5 net 
     tons to transport fish or shellfish between places in the 
     State of Maine if that vessel transported fish or shellfish 
     between places in Maine prior to January 1, 2005; the owner. 
     of such vessel owns a valid wholesale seafood license to 
     conduct such transportation that was issued under the Revised 
     Maine Statutes prior to January 1, 2005; the vessel is owned 
     by a person or persons that meet U.S. citizenship 
     requirements under section 2 of the Shipping Act, 1996; and 
     the owner of the vessel submits within 180 days of enactment 
     of this Act an affidavit to the Secretary in which the Coast 
     Guard is operating that certifies that the owner and vessel 
     meet the requirements of this section.
     Section 419. Automatic identification system
       The House bill does not contain a comparable provision.
       Section 219 of the Senate amendment authorizes the 
     Secretary to transfer $1,000,000 to the Department of 
     Commerce for the purposes of awarding a competitive grant to 
     design, develop, and prototype a device that integrates a 
     Class B Automatic Identification System (AIS) transponder 
     with an FCC-approved wireless maritime data device. The 
     Senate-passed amendment also expresses the Sense of the 
     Senate that the Federal Communications Commission should 
     quickly resolve the disposition of its rulemaking on the AIS 
     and licensee use of AIS frequency bands.
       The Conference substitute adopts the Senate provision.
     Section 420. Voyage data recorder study and report
       Section 429 of the House bill would require the Secretary 
     to prescribe regulations to require ferries that carry more 
     than 399 passengers be equipped with a voyage data recorder 
     and to establish standards, methods

[[Page H1662]]

     for approval of models, and procedures for annual performance 
     testing.
       The Senate amendment does not include a comparable 
     provision.
       The Conference substitute adopts a provision that requires 
     the Coast Guard to conduct a study that examines the costs 
     and benefits of carriage of a voice data recorder aboard 
     ferries that carry 400 or more passengers. The Coast Guard is 
     required to submit the findings of the study to Congress not 
     more than 1 year after enactment and to include a 
     recommendation for proposed legislative language if it is 
     deemed appropriate and necessary.
     Section 421. Distant water tuna fleet
       The House bill does not contain a comparable provision.
       Section 218 of the Senate amendment would permit U.S.-flag 
     purse seine fishing vessels that operate out of American 
     Samoa and that fish exclusively for highly migratory species 
     under a fishing license issued pursuant to the 1987 Treaty of 
     Fisheries Between the Governments of Certain Pacific Islands 
     States and the Government of the United States of America to 
     utilize non-United States licensed and documented personnel 
     to meet manning requirements for a 48-month period beginning 
     on the date of enactment of this Act if, after timely notice 
     of a vacancy, no United States-licensed and documented 
     personnel are readily available.
       The Conference substitute adopts a provision that would 
     permit such U.S.-flag vessels to utilize foreign citizens 
     that hold a valid license issued in accordance with the 
     standards established by the 1995 amendments to the 
     Convention on Standards of Training, Certification and 
     Watchkeeping for Seafarers, 1978 (STCW 95) and under 
     competency and training standards that are equivalent or 
     exceed such standards, in the determination of the Secretary, 
     that are required for U.S. licensed personnel. The provision 
     maintains the requirement that the vessel's master be a U.S. 
     citizen licensed by the Coast Guard and provides that this 
     exemption applies only when no U.S. licensed and documented 
     personnel area available. The substitute maintains the sunset 
     and geographical restrictions that were included in the 
     Senate amendment.

                          TITLE V--LIGHTHOUSES

     Section 501. Transfer
       Section 501 of the House bill transfers administrative 
     jurisdiction from the Secretary of Agriculture to the 
     Secretary of the department in which the Coast Guard is 
     operating over several National Forest System lands in the 
     State of Alaska upon which are located certain Coast Guard 
     facilities, and over improvements situated on the lands, 
     without requiring consideration and directs the Secretary of 
     Interior to select an eligible entity under the National 
     Historic Lighthouse Preservation Act to take custody of the 
     structures and surrounding lands once the Coast Guard has 
     determined that the land is excess property.
       The Senate amendment does not contain a comparable 
     provision.
       The Conference substitute adopts the House provision.
     Section 502. Misty Fiords National Monument and Wilderness
       Section 502 of the House bill permits the Secretary of the 
     department in which the Coast Guard is operating to transfer 
     to the Secretary of Agriculture all administrative 
     jurisdiction over the Tree Point Light Station, without 
     consideration, if the Secretary determines that the Tree 
     Point Light Station is no longer needed for the purposes of 
     the Coast Guard. The Commandant of the Coast Guard, however, 
     may reserve rights to operate and maintain Federal aids to 
     navigation at the site.
       The Senate amendment does not contain a comparable 
     provision.
       The Conference substitute adopts the House provision.
     Section 503. Miscellaneous light stations
       Section 503 of the House bill specifies that, for purposes 
     of section 416(a)(2) of Public Law 105-383, the Cape St. 
     Elias Light Station shall comprise approximately 10 acres in 
     fee, along with additional access easements issued without 
     consideration by the Secretary of Agriculture, as generally 
     described in the map entitled `Cape St. Elias Light Station,' 
     dated September 14, 2004. That law authorized the Commandant 
     of the Coast Guard, or the Administrator of the General 
     Services Administration, as appropriate, to convey all right, 
     title, and interest of the United States to Cape St. Elias 
     Light Station to the Cape St. Elias Light Keepers 
     Association; however, it did not clearly describe the 
     property to be conveyed. This provision provides. a 
     description of this property.
       The Senate amendment does not contain a comparable 
     provision.
       The Conference substitute adopts the House provision with 
     an amendment that amends Section 325(c)(3) of the Coast Guard 
     Authorization Act of 1993 (Public Law 103-206; 107 Stat. 
     2432) to include several housing units and related structures 
     with the property that was transferred in association with 
     Point Wilson Lighthouse in the State of Washington under that 
     Act.
     Section 504. Inclusion of lighthouse in St. Marks National 
         Wildlife Refuge, Florida
       Section 504 of the House bill revokes the reservation of 
     public land described in subsection (b) for lighthouse 
     purposes by the Executive Order dated November 12, 1838, as 
     amended by Public Land Order 5655, dated January 9, 1979, 
     consisting of approximately 8.0 acres within the external 
     boundaries of St. Marks National Wildlife Refuge in Wakulla 
     County, Florida. Administrative jurisdiction over this land, 
     and over all improvements, structures, and fixtures located 
     thereon, is transferred from the department in which the 
     Coast Guard is operating to the Secretary of the Interior, 
     without reimbursement. However, any Federal aids to 
     navigation located at the Refuge will continue to be 
     operated and maintained by the Coast Guard for as long as 
     they are needed for navigational purposes, and the Coast 
     Guard may remove, replace, or install any Federal aid to 
     navigation at the Refuge as may be necessary.
       The Senate amendment does not contain a comparable 
     provision.
       The Conference substitute adopts the House provision with 
     an amendment that prohibits the transfer of the property 
     until the Coast Guard has completed all response and 
     restoration activities at the site.

 TITLE VI--DELAWARE RIVER PROTECTION AND MISCELLANEOUS OIL PROVISIONS.

     Section 601. Short title
       Section 601 of the House bill states that the legislation 
     may be referred to as the ``Delaware River Protection Act of 
     2005''.
       The Senate amendment does not contain a comparable 
     provision.
       The Conference substitute states that this title may be 
     referred to as the ``Delaware River Protection Act of 2006''.
     Section 602. Requirement to notify Coast Guard of release of 
         objects into the navigable waters of the United States
       Section 602 of the House bill establishes a requirement to 
     notify the Coast Guard of a release of an object from a 
     vessel or facility that creates an obstruction to navigation. 
     Individuals who fail to ``promptly'' notify the Coast Guard 
     of a loss of such an object will be subject to existing civil 
     and criminal penalties under the Ports and Waterways Safety 
     Act.
       Under Subchapter C of title 33, Code of Federal 
     Regulations, owners of sunken or submerged vessels that could 
     obstruct navigation in U.S. waters must mark and report the 
     existence of the obstruction. However, there is no current 
     statutory or regulatory requirement that an owner of an 
     object, other than a vessel, notify the Coast Guard after the 
     release of such an object into the navigable waterways of the 
     United States. This provision will address that discrepancy 
     and will improve the Coast Guard's capabilities to maintain 
     safe and efficient navigation on U.S. waterways.
       The Senate amendment does not contain a comparable 
     provision.
       The Conference substitute adopts the House provision.
     Section 603. Limits on liability
       Section 603 of the House bill amends the Oil Pollution Act 
     of 1990 (OPA) to adjust oil spill liability limits to reflect 
     the change in the Consumer Price Index (CPI) since the Act's 
     passage in 1990. The provision would increase liability 
     limits to the December, 2004 CPI-adjusted level 
     (approximately $1,700 per gross ton) over a three year 
     period. The provision makes distinctions between single-hull 
     vessels and double-hull vessels. Liability levels for double-
     hull vessels would be increased by $500 per gross ton over 3 
     years, while liability levels for single-hull vessels would 
     be increased by $1,050 per gross ton over three years. This 
     amount is equal to twice the adjustment (approximately $525 
     per gross ton) based on the increase in the CPI from 1990-
     2004. The provision also requires the President to adjust the 
     liability limits within three years of the enactment of the 
     Act and every three years thereafter.
       OPA established liability limits for tank vessels at a 
     level of $1,200 per gross ton. Under OPA, liability for 
     cleanup costs and damages resulting from oil spills rests 
     with a ``responsible party'' who is either the owner or 
     operator of a vessel. In the event of a spill, the 
     responsible party must pay removal costs incurred by the 
     government or others and damages to claimants who are injured 
     by the spill. Damages may include natural resources damages, 
     damages to real or personal property, damages for loss of use 
     of a natural resource such as a fishery, damages for lost 
     revenue or profit caused by a spill, and damages for the cost 
     of government response necessitated by the spill.
       Under OPA, the President is required to adjust these limits 
     every three years according to changes in the Consumer Price 
     Index (CPI). Despite this requirement, no such adjustments 
     have ever been made. The Secretary of the Department of 
     Homeland Security has recently delegated this authority to 
     the Coast Guard.
       The Senate amendment does not contain a comparable 
     provision.
       The Conference substitute adopts the House provision with 
     an amendment to increase liability limits for single-hull 
     tank vessels to $3,000 per gross ton; for double-hull tank 
     vessels to $1,900 per gross ton; and for nontank vessels to 
     $950 per gross ton. These adjustments are based on the 
     projected increase in the end-of-year CPI figure for calendar 
     year 2006.
       The substitute also requires the Coast Guard to provide a 
     report within 45 days of enactment of the Act on the extent 
     to which oil discharges from vessels and non-vessel sources 
     have or are likely to result in response costs and damages 
     that exceed these

[[Page H1663]]

     new limits, the impact on the Oil Spill Liability Trust Fund, 
     and recommendations on whether the liability limits need to 
     be further adjusted. This report is to be updated annually.
     Section 604. Requirement to update Philadelphia area 
         contingency plan
       Section 604 of the House bill requires the Philadelphia 
     Area Committee to annually update its area contingency plan 
     to include the most recent environmental sensitivity data 
     that has been collected by State and Federal agencies.
       The Senate amendment does not contain a comparable 
     provision.
       The Conference substitute adopts the House provision.
     Section 605. Submerged oil removal
       Section 605 of the House bill requires the National Oceanic 
     and Atmospheric Administration (NOAA), in conjunction with 
     the Coast Guard, to establish a submerged oil research 
     program to research methods to detect, monitor and remove 
     submerged oil and improve modeling capabilities to better 
     predict the movement and behavior of submerged oil. The 
     provision also requires the Coast Guard to carry out a 
     demonstration project to demonstrate technologies and 
     processes to detect and remove submerged oil from waterways 
     including the Delaware River.
       The Senate amendment does not contain a comparable 
     provision.
       The Conference substitute adopts the House provision with 
     an amendment to limit the scope of the submerged oil research 
     program to the Delaware River and Delaware Bay region.
       Title VII of the Oil Pollution Act establishes an Oil 
     Pollution Research and Development Program and an Interagency 
     Coordinating Committee on Oil Pollution Research to carry out 
     the Program. The program established under this section would 
     carry out specific research on the effects and persistence of 
     submerged oil in addition to the research program that is 
     carried out by the Committee. A large percentage of the oil 
     that was released from the ATHOS I was or still remains 
     submerged at the bottom of the river, and little work has 
     been done to increase capabilities to predict the persistence 
     of or vertical and horizontal movement of oil within the 
     water column.
       The conferees recommend that the efforts of the research 
     program be focused on developing methods and technologies to 
     remove or diminish the persistence of submerged oil that is 
     currently found in the Delaware River. Further, the conferees 
     recommend that the effort of the demonstration program be 
     concentrated on evaluating methods and technologies of 
     removing submerged oil of the type that was released into the 
     Delaware River as a result of the grounding of the ATHOS I 
     and under the conditions that are observed in the area of the 
     Delaware River that was impacted by such oil.
     Section 606. Assessment of oil spill costs
       The House bill does not contain a comparable provision.
       The Senate amendment does not contain a comparable 
     provision.
       The Conference substitute requires the Government 
     Accountability Office to assess the costs of response 
     activities and claim that resulted from oil spills into U.S. 
     waters since January 1, 1990.
     Section 607. Delaware River and Bay Oil Spill Advisory 
         Committee
       Section 606 of the House bill establishes an advisory 
     committee composed of representatives from port authorities, 
     shipping interests, oil refineries, labor, river pilots, 
     environmental groups and the general public. The Committee is 
     tasked with developing recommendations for Congress on the 
     prevention of and response to future oil spills on the 
     Delaware River and Bay.
       The Senate amendment does not contain a comparable 
     provision.
       The Conference substitute adopts the House provision with 
     an amendment to increase the membership of the advisory 
     committee.
       The conferees do not intend the advisory committee 
     established under this section to, in any way, assume or 
     duplicate the roles and responsibilities inherent to any 
     existing advisory committees including the Mariners Advisory 
     Committee for the Delaware River and Bay, as well as any 
     committees established under the Oil Pollution Act of 1990 or 
     under Chapter 701 of title 46, United States Code, nor do the 
     conferees wish the advisory committee to duplicate the work 
     of these other entities.
     Section 608. Nontank vessels
       The House bill does not contain a comparable provision.
       Section 519 of the Senate amendment would clarify the 
     applicability of section 701 of P.L. 108-293 (Coast Guard and 
     Maritime Transportation Act of 2004) to nontank vessels 
     within 12 nautical miles of the United States.
       The Conference substitute adopts the Senate provision with 
     a technical amendment.

                     TITLE VII--HURRICANE RESPONSE

     Section 701. Homeowners assistance for Coast Guard personnel 
         affected by Hurricanes Katrina or Rita
       Section 213 of the House bill authorizes the Secretary to 
     purchase the primary residences of Coast Guard personnel who 
     were assigned to a facility in Louisiana, Mississippi, or 
     Alabama prior to the landfall of Hurricane Katrina that were 
     damaged or destroyed by the storm. Eligible personnel would 
     receive up to 85 percent of fair market value or the amount 
     of any outstanding mortgage, minus an amount of money 
     received from insurance and would transfer to the Secretary 
     all title and interest to the property. The authority to make 
     such purchases is subject to the availability of 
     appropriations.
       The Senate amendment does not contain a comparable 
     provision.
       The Conference substitute adopts the House provision with 
     an amendment to make personnel assigned to facilities in the 
     State of Texas and properties damaged as a result of 
     Hurricane Rita eligible for reimbursement under this section.
       The conferees believe that this provision recognizes the 
     unique situation in which the men and women of the Coast 
     Guard are placed. The Coast Guard was among the first on the 
     scene after (and during) Hurricanes Katrina and Rita and 
     rescued approximately 35,000 Americans. At the same time, 
     members suffered great personal losses. Instead of going home 
     to save personal items, they remained on duty.
     Section 702. Temporary authorization to extend the duration 
         of licenses, certificates of registry, and merchant 
         mariners' documents
       Section 420 of the House bill would authorize the Secretary 
     through December 31, 2006 to temporarily extend the duration 
     of a license or certificate of registry or merchant mariners' 
     document issued for an individual for up to one year if the 
     records of the individual are located at the Coast Guard 
     facility in New Orleans that was damaged by Hurricane Katrina 
     or the individual is a resident of Alabama, Mississippi, or 
     Louisiana.
       Section 705 of the Senate amendment contains a similar 
     provision but authorizes extensions ``when such action is 
     deemed appropriate and necessary'' and extends the authority 
     to grant exemptions through September 30, 2007.
       The Conference substitute adopts the House provision with 
     an amendment to permit the Secretary to provide an extension 
     to a mariner whose records were damaged or lost as a result 
     of Hurricane Katrina and provides that the authority to grant 
     extensions will expire on April 1, 2007.
       The conference adopts this provision to address the 
     concerns of the Coast Guard and Gulf merchant mariners 
     affected by Hurricanes Katrina and Rita. The extension will 
     allow merchant mariners to continue working in the region to 
     while the Coast Guard continues its efforts to recover 
     documents that were held in the Regional Examination Center 
     in New Orleans.
       The conferees also direct the Coast Guard to expedite the 
     processing of merchant mariner documents for new applicants 
     from the Gulf Coast region. The dislocation of the local 
     population due to Hurricanes Katrina and Rita left many Gulf 
     Coast vessel operators without enough employees to meet the 
     offshore repair workload. As the speed with which these 
     repairs are made have a significant impact on U.S. energy 
     supplies, the Coast Guard should make every effort to 
     expedite the processing of merchant mariner documents for new 
     applicants required to do this work.
     Section 703. Temporary authorization to extend the duration 
         of vessel certification of vessel certificates of 
         inspection
       Section 421 of the House bill authorizes the Secretary 
     through December 31, 2006 to temporarily extend the duration 
     or the validity of a certificate of inspection or a 
     certificate of compliance for up to 6 months for a vessel 
     inspected by a Coast Guard Marine Safety Office located in 
     Alabama, Mississippi, or Louisiana.
       Section 705 of the Senate amendment contains a similar 
     provision except that it does not limit the application of 
     the provision to vessels inspected by a Coast Guard Marine 
     Safety Office located in Alabama, Mississippi, or Louisiana. 
     Also, the Senate amendment extends authorization through 
     September 30, 2007.
       The Conference substitute adopts the House provision with 
     an amendment to extend the authority through April 1, 2007.
     Section 704. Preservation of leave lost due to Hurricane 
         Katrina operations
       The House bill does not contain a comparable provision.
       Section 707 of the Senate amendment would preserve up to 90 
     days of accumulated leave that would otherwise be lost for 
     Coast Guardsmen who were stationed in or assisted with 
     operations in the areas that were affected by Hurricane 
     Katrina. This section also provides that any leave in excess 
     of 60 days that is preserved under this language will be lost 
     if not used prior to the end of FY 2006.
       The Conference substitute adopts the Senate provision.
       The conference adopts this provision to rectify the 
     inequity that would occur to certain Coast Guard personnel 
     who worked in the region affected by hurricane Katrina and 
     did not take accumulated leave.
     Section 705. Report on impacts to Coast Guard
       Section 214 of the House bill requires the Coast Guard to 
     submit a report on the personnel and assets deployed to 
     assist in the response to Hurricane Katrina and the costs 
     incurred as a result of such response that are in addition to 
     funds already appropriated for the Coast Guard for FY 2005.
       Section 708 of the Senate amendment contains a comparable 
     provision that requires

[[Page H1664]]

     the Coast Guard to analyze the impacts of Hurricane Katrina 
     on Coast Guard assets and operations, the Coast Guard's 
     preparedness for such a storm, the Coast Guard's capabilities 
     to communicate during and after the storm, and the financial 
     impacts unbudgeted increases in the price of fuel on Coast 
     Guard operations in FYs 2005 and 2006.
       The Conference substitute adopts the Senate provision.
     Section 706. Report on impacts on navigable waterways
       The House bill does not contain a comparable provision.
       Section 709 of the Senate amendment requires the Coast 
     Guard to submit a report on the impacts of Hurricane Katrina 
     on navigable waterways and the response of the Coast Guard to 
     such impacts.
       The Conference substitute adopts the Senate provision.

              TITLE VIII--OCEAN COMMISSION RECOMMENDATIONS

     Section 801. Implementation of international agreements
       The House bill does not contain a comparable provision.
       Section 302 of the Senate amendment requires the Secretary 
     to work with responsible officials and agencies of other 
     nations to accelerate efforts at the International Maritime 
     Organization (IMO) to enhance flag state oversight and 
     enforcement of security, environmental, and other agreements 
     adopted within the IMO, including implementation of a code 
     outlining flag state responsibilities and obligations, an 
     audit regime for evaluating flag state performance, measures 
     to ensure that responsible organizations, acting on behalf of 
     flag states, meet established performance standards, and 
     cooperative arrangements to improve enforcement on a 
     bilateral, regional or international basis.
       The Conference substitute adopts the Senate provision with 
     a technical amendment to clarify that the Secretary shall 
     work with our international partners to accelerate the 
     implementation and enforcement of those international 
     agreements to which those nations are a party.
     Section 802. Voluntary measures for reducing pollution from 
         recreational boats
       The House bill does not contain a comparable provision.
       Section 303 of the Senate amendment requires the Secretary 
     to, in consultation with appropriate federal, state, and 
     local government agencies, undertake outreach programs for 
     educating the owners and operators of boats using two-stroke 
     engines about the pollution associated with such engines, and 
     to support voluntary programs to reduce such pollution and 
     encourage the early replacement of older two-stroke engines.
       The Conference substitute adopts the Senate provision.
     Section 803. Integration of vessel monitoring system data
       The House bill does not contain a comparable section.
       Section 304 of the Senate amendment requires the Secretary 
     to integrate vessel monitoring system data into its maritime 
     operations databases for the purpose of improving monitoring 
     and enforcement of federal fisheries laws and to work with 
     the Undersecretary of Commerce for Oceans and Atmosphere to 
     ensure effective use of such data for monitoring and 
     enforcement.
       The Conference substitute adopts the Senate provision.
     Section 804. Foreign fishing incursions
       The House bill does not contain a comparable provision.
       Section 304 of the Senate amendment requires the Secretary 
     to report on steps that the Coast Guard will take to 
     significantly improve the Coast Guard's detection and 
     interdiction of illegal incursions into the United States 
     exclusive economic zone by foreign fishing vessels.
       The Conference substitute adopts the Senate provision with 
     an amendment to also include incursions in the Bering Sea 
     within the scope of the report.

                    TITLE IX--TECHNICAL CORRECTIONS

       Section 401 of the House bill makes several technical 
     corrections to current law related to the Coast Guard and 
     maritime transportation.
       Sections 501-518 of the Senate amendment make several 
     conforming amendments to current law to reflect the transfer 
     of the Coast Guard to the Department of Homeland Security 
     from the Department of Homeland Security.
       Sections 208, 520 and 521 of the Senate amendment make 
     several other amendments that are technical or conforming in 
     nature.
       Section 601 of the Senate amendment establishes an 
     effective date for technical amendments that were included in 
     the Senate amendment.
       The Conference Report makes several technical and 
     conforming amendments to statutes related to Coast Guard and 
     maritime transportation and establishes an effective date for 
     those amendments.

     From the Committee on Transportation and Infrastructure, for 
     consideration of the House bill and the Senate amendment, and 
     modifications committed to conference:
     Don Young,
     Frank A. LoBiondo,
     Howard Coble,
     Peter Hoekstra,
     Pete Simmons,
     Mario Diaz-Balart,
     Charles W. Boustany, Jr.,
     James L. Oberstar,
     Bob Filner,
     Gene Taylor,
     Brian Higgins,
     Allyson Y. Schwartz,
     From the Committee on Energy and Commerce, for consideration 
     of sec. 408 of the Hosue bill, and modifications committed to 
     conference:
     Joe Barton,
     Paul Gillmor,
     John D. Dingell,
     From the Committee on Homeland Security, for consideration of 
     secs. 101, 404, 413, and 424 of the House bill, and secs. 
     202, 207, 215, and 302 of the Senage amendment, and 
     modifications committed to conference:
     Bennie G. Thompson,
     From the Committee on Resources, for consideration of secs. 
     426, 427, and title V of the House bill, and modifications 
     committed to conference:
     Richard Pombo,
     Walter B. Jones,
                                Managers on the Part of the House.

     Ted Stevens,
     Olympia Snowe,
       (except section 414),
     Trent Lott,
     Gordon Smith,
     Daniel K. Inouye,
     Maria Cantwell,
       (except section 414),
     Frank R. Lautenberg,
       (except section 414),
     Managers on the Part of the Senate.

                          ____________________