H1640 CONGRESSIONAL RECORD — HOUSE April 6, 2006 the folks at the Department of Energy ligence so we can end the abusive intel- CONFERENCE REPORT ON H.R. 889, were saying, a lot of them questioned ligence, restore our credibility around COAST GUARD AND MARITIME these conclusions that were being the world, because that credibility is TRANSPORTATION ACT OF 2006 jumped to with respect to the presence essential to the national security of Mr. LOBIONDO (during the Special of weapons of mass destruction. They this country. Order of Mr. SCHIFF) submitted the fol- questioned both those agencies, the I thank the gentleman from Cali- lowing conference report and state- fact that these aluminum tubes were fornia for his leadership on this issue, ment on the bill (H.R. 889) to authorize somehow evidence of an Iranian nu- and I hope we will continue to have appropriations for the Coast Guard for clear program. They said they did not this conversation that I think is so im- fiscal year 2006, to make technical cor- believe that. And yet in its selective portant to our country rections to various laws administered use of intelligence, the administration Mr. SCHIFF. I thank the gentleman by the Coast Guard, and for other pur- ignored those. They relegated those for his leadership and his eloquence poses: opinions to mere footnotes and essen- and the tremendous job that he also CONFERENCE REPORT (H.R. 889) tially put forward the other informa- does as we serve together on the Judi- The committee of conference on the dis- tion. ciary Committee. agreeing votes of the two Houses on the And you mentioned today a very dis- I am now pleased to yield to JAY INS- amendment of the Senate to the bill (H.R. turbing revelation has come to light 889), to authorize appropriations for the LEE from the great State of Wash- with respect to the selective use of in- Coast Guard for fiscal year 2006, to make telligence. And I just want to quote ington, who has been a pioneer in the technical corrections to various laws admin- from the Los Angeles Times. This is in area of energy independence. istered by the Coast Guard, and for other many other papers. It turns out, ac- Mr. INSLEE. Thank you. And I have purposes, having met, after full and free con- cording to the information put forward a simple message. We Democrats want ference, have agreed to recommend and do by Patrick Fitzgerald, the special pros- to strike a preemptive blow against our recommend to their respective Houses as fol- enemies in the Middle East. And the lows: ecutor, ‘‘President Bush personally au- That the House recede from its disagree- thorized leaking long classified infor- single, most effective preemptive blow ment to the amendment of the Senate and mation to a reporter in the summer of we have is to starve them from re- agree to the same with an amendment as fol- 2003 to buttress administration claims, sources with which to attack us. We lows: now discredited, that Saddam Hussein know where the money came from to In lieu of the matter proposed to be in- was attempting to acquire weapons of finance the attack on September 11. It serted by the Senate amendment, insert the mass destruction for Iraq.’’ came from our addiction to oil that following: Before the war, they selectively must stop. SECTION 1. SHORT TITLE. leaked information in a way that mis- And we now have a President who This Act may be cited as the ‘‘Coast Guard informed the American public; and said he wants to break our addiction to and Maritime Transportation Act of 2006’’. then when they were essentially oil, and we welcome his language about SEC. 2. TABLE OF CONTENTS. caught doing that, they further selec- this. But we cannot run our cars on The table of contents for this Act is as follows: tively leaked information to try to rhetoric. We cannot run a national en- Sec. 1. Short title. hide that fact when revelations were ergy independence program on rhet- Sec. 2. Table of contents. brought to light. oric. We need real policies. And we are TITLE I—AUTHORIZATION This has very serious consequences offering them. We have offered to the Sec. 101. Authorization of appropriations. for our security because our credibility country the New Apollo Energy Act, Sec. 102. Authorized levels of military strength around the world depends on people H.R. 2828. That is H.R. 2828. If folks and training. whom we go to believing that the infor- want to look at it, they are welcome to Sec. 103. Supplemental authorization of appro- priations. mation that we have is true and that it see the most comprehensive plan that is solid. When Adlai Stevenson was at Sec. 104. Web-based risk management data sys- will really deliver a situation where we tem. the United Nations in the Cuban Mis- send less money to Middle Eastern TITLE II—COAST GUARD sile Crisis and he said the Soviets were sheiks and more money to middle- putting missiles into Cuba and had the Sec. 201. Extension of Coast Guard vessel an- American farmers. That is a policy chorage and movement authority. information to support it, our credi- that we will embrace, and we will be Sec. 202. International training and technical bility as a Nation was enhanced. As a more secure than we are today. assistance. result of the failures and abuse of intel- I thank you for letting me have my Sec. 203. Officer promotion. ligence, our credibility around the few words today. Sec. 204. Coast Guard band director. world has been degraded. It makes it Sec. 205. Authority for one-step turnkey design- much harder to persuade others about Mr. SCHIFF. Mr. Speaker, I want to build contracting. the seriousness of the threats in Iran thank my colleagues this evening for Sec. 206. Reserve recall authority. all their comments and their leader- Sec. 207. Reserve officer distribution. and North Korea. Sec. 208. Expansion of use of auxiliary equip- Now, the 9/11 Commission made a ship. Over the next several weeks, we will be unveiling in greater detail each ment to support Coast Guard mis- number of recommendations as to how sions. we could deal with this particular of the pillars of security: how we in- Sec. 209. Coast Guard history fellowships. issue; and one of the recommendations tend, as Democrats, to rebuild the 21st- Sec. 210. Icebreakers. they made was to bolster intelligence century military; how we intend to Sec. 211. Operation as a service in the Navy. oversight reform. Let us hold people take the war on terror to Osama bin Sec. 212. Limitation on moving assets to St. accountable for their decisions. Let us Laden and al Qaeda; how we intend to Elizabeth’s Hospital. Sec. 213. Cooperative agreements. not reward failure because we will get beef up our homeland security and re- pair a lot of the broken pieces of our Sec. 214. Biodiesel feasibility study. more failure. Let us not reward and ig- Sec. 215. Boating safety director. nore mistakes; we will get more mis- homeland security policy that make us Sec. 216. Hangar at Coast Guard Air Station takes. But when it comes to intel- continue to be vulnerable; how we will Barbers Point. ligence oversight reform, what grade make Iraq in 2006 a year of transition Sec. 217. Promotion of Coast Guard officers. did they give to the Republican Con- to full Iraqi sovereignty; and how, as Sec. 218. Redesignation of Coast Guard law spe- gress and the administration? A ‘‘D.’’ A Mr. INSLEE points out, we can achieve cialists as judge advocates. ‘‘D.’’ energy independence, something vital TITLE III—SHIPPING AND NAVIGATION We have said, we Democrats, as part to the present and this Nation’s future. Sec. 301. Treatment of ferries as passenger ves- of our proposal, we are going to I want to thank my colleagues for sels. strengthen the oversight process. We their leadership, DAVID SCOTT for all Sec. 302. Great Lakes pilotage annual rate- making. are going to hold people accountable, his great work, CHRIS VAN HOLLEN, JAY Sec. 303. Certification of vessel nationality in and we are going to implement all of INSLEE, all of the other speakers to- drug smuggling cases. the recommendations of the 9/11 Com- night. We look forward to continuing Sec. 304. LNG tankers. mission, including the recommenda- this dialogue with the American peo- Sec. 305. Use of maritime safety and security tion to improve the oversight of intel- ple. teams.

VerDate Aug 31 2005 04:42 Apr 07, 2006 Jkt 049060 PO 00000 Frm 00076 Fmt 4634 Sfmt 6343 E:\CR\FM\K06AP7.180 H06APPT1 jcorcoran on PROD1PC62 with HOUSE April 6, 2006 CONGRESSIONAL RECORD — HOUSE H1641 Sec. 306. Enhanced civil penalties for violations TITLE VII—HURRICANE RESPONSE (6) For environmental compliance and restora- of provisions enacted by the Coast Sec. 701. Homeowners assistance for Coast tion at Coast Guard facilities (other than parts Guard and Maritime Transpor- Guard personnel affected by Hurricanes and equipment associated with operation and tation Act of 2004. Katrina or Rita. maintenance), $12,000,000, to remain available until expended. Sec. 307. Training of cadets at United States Sec. 702. Temporary authorization to extend (7) For the Coast Guard Reserve program, in- Merchant Marine Academy. the duration of licenses, certificates of registry, and merchant mariners’ docu- cluding personnel and training costs, equip- Sec. 308. Reports from mortgagees of vessels. ments. ment, and services, $119,000,000. Sec. 309. Determination of the Secretary. Sec. 703. Temporary authorization to extend SEC. 102. AUTHORIZED LEVELS OF MILITARY the duration of vessel certificates of in- STRENGTH AND TRAINING. Sec. 310. Setting, relocating, and recovering an- spection. (a) ACTIVE-DUTY STRENGTH.—The Coast chors. Sec. 704. Preservation of leave lost due to Guard is authorized an end-of-year strength for Sec. 311. International tonnage measurement of Hurricane Katrina operations. active-duty personnel of 45,500 for the fiscal vessels engaged in the Aleutian Sec. 705. Reports on impact to Coast Guard. year ending on September 30, 2006. trade. Sec. 706. Reports on impacts on navigable wa- (b) MILITARY TRAINING STUDENT LOADS.—For terways. fiscal year 2006, the Coast Guard is authorized Sec. 312. Riding gangs. TITLE VIII—OCEAN COMMISSION average military training student loads as fol- lows: RECOMMENDATIONS TITLE IV—MISCELLANEOUS (1) For recruit and special training, 2,500 stu- Sec. 801. Implementation of international Sec. 401. Authorization of junior reserve officers dent years. agreements. training program pilot program. (2) For flight training, 125 student years. Sec. 802. Voluntary measures for reducing (3) For professional training in military and Sec. 402. Transfer. pollution from recreational boats. civilian institutions, 350 student years. Sec. 403. Loran–C. Sec. 803. Integration of vessel monitoring sys- (4) For officer acquisition, 1,200 student years. tem data. SEC. 103. SUPPLEMENTAL AUTHORIZATION OF Sec. 404. Long-range vessel tracking system. Sec. 804. Foreign fishing incursions. APPROPRIATIONS. Sec. 405. Marine vessel and cold water safety TITLE IX—TECHNICAL CORRECTIONS (a) AUTHORIZATION OF APPROPRIATIONS.—In education. Sec. 901. Miscellaneous technical corrections. addition to amounts provided to the Coast Guard from another Federal agency for reim- Sec. 406. Reports. Sec. 902. Correction of references to Secretary of Transportation and Department of bursement of expenditures for Hurricane Sec. 407. Conveyance of decommissioned Coast Transportation; related matters. Katrina, there are authorized to be appropriated Guard Cutter MACKINAW. to the Secretary of the department in which the TITLE I—AUTHORIZATION Coast Guard is operating the following amounts Sec. 408. Deepwater reports. SEC. 101. AUTHORIZATION OF APPROPRIATIONS. for nonreimbursed expenditures: Sec. 409. Helicopters. Funds are authorized to be appropriated for (1) For the operation and maintenance of the fiscal year 2006 for necessary expenses of the Coast Guard in responding to Hurricane Sec. 410. Newtown Creek, New York City, New Coast Guard as follows: Katrina, including search and rescue efforts, York. (1) For the operation and maintenance of the clearing channels, and emergency response to Sec. 411. Report on technology. Coast Guard, $5,633,900,000, of which $24,500,000 oil and chemical spills, and for increased costs Sec. 412. Assessment and planning. is authorized to be derived from the Oil Spill Li- of operation and maintenance of the Coast ability Trust Fund to carry out the purposes of Guard due to higher than expected fuel costs, Sec. 413. Homeport. section 1012(a)(5) of the Oil Pollution Act of 1990 $300,000,000. Sec. 414. Opinions regarding whether certain (33 U.S.C. 2712(a)(5)). (2) For the acquisition, construction, renova- facilities create obstructions to (2) For the acquisition, construction, rebuild- tion, and improvement of aids to navigation, navigation. ing, and improvement of aids to navigation, shore and offshore facilities, and vessels and shore and offshore facilities, vessels, and air- aircraft, including equipment related thereto, Sec. 415. Port Richmond. craft, including equipment related thereto, related to damage caused by Hurricane Katrina, Sec. 416. Western Alaska community develop- $1,903,821,000, of which— $200,000,000. ment quota program. (A) $20,000,000 shall be derived from the Oil (b) CONSTRUCTION WITH OTHER FUNDING.— Spill Liability Trust Fund to carry out the pur- The amounts authorized to be appropriated by Sec. 417. Quota share allocation. poses of section 1012(a)(5) of the Oil Pollution subsection (a) are in addition to any other Sec. 418. Maine fish tender vessels. Act of 1990, to remain available until expended; amounts authorized to be appropriated to the Secretary of the department in which the Coast Sec. 419. Automatic identification system. (B) $1,316,300,000 is authorized for acquisition and construction of shore and offshore facilities, Guard is operating under any other provision of Sec. 420. Voyage data recorder study and re- vessels, and aircraft, including equipment re- law. port. lated thereto, and other activities that con- (c) AVAILABILITY.—The amounts made avail- Sec. 421. Distant water tuna fleet. stitute the Integrated Deepwater Systems; and able under subsection (a) shall remain available (C) $284,369,000 is authorized for sustainment until expended. TITLE V—LIGHTHOUSES of legacy vessels and aircraft, including equip- SEC. 104. WEB-BASED RISK MANAGEMENT DATA ment related thereto, and other activities that SYSTEM. Sec. 501. Transfer. constitute the Integrated Deepwater Systems. There is authorized to be appropriated for Sec. 502. Misty Fiords National Monument and (3) To the Commandant of the Coast Guard each of fiscal years 2006 and 2007 to the Sec- Wilderness. for research, development, test, and evaluation retary of the department in which the Coast Guard is operating $1,000,000 to continue de- Sec. 503. Miscellaneous Light Stations. of technologies, materials, and human factors directly relating to improving the performance ployment of a World Wide Web-based risk man- Sec. 504. Inclusion of lighthouse in St. Marks of the Coast Guard’s mission in search and res- agement system to help reduce accidents and fa- National Wildlife Refuge, Florida. cue, aids to navigation, marine safety, marine talities. environmental protection, enforcement of laws TITLE II—COAST GUARD TITLE VI—DELAWARE RIVER PROTECTION and treaties, ice operations, oceanographic re- AND MISCELLANEOUS OIL PROVISIONS SEC. 201. EXTENSION OF COAST GUARD VESSEL search, and defense readiness, $24,000,000, to re- ANCHORAGE AND MOVEMENT AU- Sec. 601. Short title. main available until expended, of which THORITY. $3,500,000 shall be derived from the Oil Spill Li- Section 91 of title 14, United States Code, is Sec. 602. Requirement to notify Coast Guard of ability Trust Fund to carry out the purposes of amended by adding at the end the following release of objects into the navi- section 1012(a)(5) of the Oil Pollution Act of new subsection: gable waters of the United States. 1990. ‘‘(d) As used in this section ‘navigable waters Sec. 603. Limits on liability. (4) For retired pay (including the payment of of the United States’ includes all waters of the obligations otherwise chargeable to lapsed ap- territorial sea of the United States as described Sec. 604. Requirement to update Philadelphia in Presidential Proclamation No. 5928 of Decem- Area Contingency Plan. propriations for this purpose), payments under the Retired Serviceman’s Family Protection and ber 27, 1988.’’. Sec. 605. Submerged oil removal. Survivor Benefit Plans, and payments for med- SEC. 202. INTERNATIONAL TRAINING AND TECH- NICAL ASSISTANCE. Sec. 606. Assessment of oil spill costs. ical care of retired personnel and their depend- ents under chapter 55 of title 10, United States (a) IN GENERAL.—Section 149 of title 14, Sec. 607. Delaware River and Bay Oil Spill Ad- Code, $1,014,080,000, to remain available until United States Code, is amended— visory Committee. expended. (1) by amending the section heading to read Sec. 608. Nontank vessels. (5) For alteration or removal of bridges over as follows: navigable waters of the United States consti- ‘‘§ 149. Assistance to foreign governments and tuting obstructions to navigation, and for per- maritime authorities’’; sonnel and administrative costs associated with (2) by inserting before the undesignated text the Bridge Alteration Program, $38,400,000. the following:

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‘‘(a) DETAIL OF MEMBERS TO ASSIST FOREIGN ‘‘(3) The term ‘facility’ means a building, ing ‘‘radio station, or motorized vehicle utilized GOVERNMENTS.—’’; and structure, or other improvement to real prop- under section 826(b)’’. (3) by adding at the end the following new erty.’’. SEC. 209. COAST GUARD HISTORY FELLOWSHIPS. subsection: (b) CLERICAL AMENDMENT.—The analysis at (a) FELLOWSHIPS AUTHORIZED.—Chapter 9 of ‘‘(b) TECHNICAL ASSISTANCE TO FOREIGN MAR- the beginning of such chapter is amended by in- title 14, United States Code, is amended by add- ITIME AUTHORITIES.—The Commandant, in co- serting after the item relating to section 676 the ing at the end the following: ordination with the Secretary of State, may pro- following: ‘‘§ 198. Coast Guard history fellowships vide, in conjunction with regular Coast Guard ‘‘677. Turnkey selection procedures.’’. operations, technical assistance (including law ‘‘(a) FELLOWSHIPS.—The Commandant of the SEC. 206. RESERVE RECALL AUTHORITY. enforcement and maritime safety and security Coast Guard may prescribe regulations under training) to foreign navies, coast guards, and Section 712 of title 14, United States Code, is which the Commandant may award fellowships other maritime authorities.’’. amended— in Coast Guard history to individuals who are (b) CLERICAL AMENDMENT.—The item relating (1) in subsection (a) by striking ‘‘during a’’ eligible under subsection (b). to such section in the analysis at the beginning and inserting ‘‘during a, or to aid in prevention ‘‘(b) ELIGIBLE INDIVIDUALS.—An individual of chapter 7 of such title is amended to read as of an imminent,’’; shall be eligible under this subsection if the indi- follows: (2) in subsection (a) by striking ‘‘or catas- vidual is a citizen or national of the United trophe,’’ and inserting ‘‘catastrophe, act of ter- ‘‘149. Assistance to foreign governments and States and— rorism (as defined in section 2(15) of the Home- maritime authorities.’’. ‘‘(1) is a graduate student in United States land Security Act of 2002 (6 U.S.C. 101(15))), or SEC. 203. OFFICER PROMOTION. history; transportation security incident as defined in ‘‘(2) has completed all requirements for a doc- Section 257 of title 14, United States Code, is section 70101 of title 46,’’; amended by adding at the end the following toral degree other than preparation of a dis- (3) in subsection (a) by striking ‘‘thirty days sertation; and new subsection: in any four-month period’’ and inserting ‘‘60 ‘‘(f) The Secretary may waive subsection (a) ‘‘(3) agrees to prepare a dissertation in a sub- days in any 4-month period’’; ject area of Coast Guard history determined by to the extent necessary to allow officers de- (4) in subsection (a) by striking ‘‘sixty days in scribed therein to have at least two opportuni- the Commandant. any two-year period’’ and inserting ‘‘120 days ‘‘(c) LIMITATIONS.—The Commandant may ties for consideration for promotion to the next in any 2-year period’’; and higher grade as officers below the promotion award up to 2 fellowships annually. The Com- (5) by adding at the end the following: mandant may not award any fellowship under zone.’’. ‘‘(e) For purposes of calculating the duration SEC. 204. COAST GUARD BAND DIRECTOR. this section that exceeds $25,000 in any year. of active duty allowed pursuant to subsection ‘‘(d) REGULATIONS.—The regulations pre- (a) BAND DIRECTOR APPOINTMENT AND (a), each period of active duty shall begin on GRADE.—Section 336 of title 14, United States scribed under this section shall include— the first day that a member reports to active ‘‘(1) the criteria for award of fellowships; Code, is amended— duty, including for purposes of training.’’. (1) in subsection (b)— ‘‘(2) the procedures for selecting recipients of (A) by striking the first sentence and inserting SEC. 207. RESERVE OFFICER DISTRIBUTION. fellowships; the following: ‘‘The Secretary may designate as Section 724 of title 14, United States Code, is ‘‘(3) the basis for determining the amount of a the director any individual determined by the amended— fellowship; and Secretary to possess the necessary qualifica- (1) in subsection (a) by inserting after the first ‘‘(4) subject to the availability of appropria- tions.’’; and sentence the following: ‘‘Reserve officers on an tions, the total amount that may be awarded as (B) in the second sentence, by striking ‘‘a active-duty list shall not be counted as part of fellowships during an academic year.’’. member so designated’’ and inserting ‘‘an indi- the authorized number of officers in the Re- (b) CLERICAL AMENDMENT.—The analysis at vidual so designated’’; serve.’’; and the beginning of such chapter is amended by (2) in subsection (c)— (2) in subsection (b) by striking all that pre- adding at the end the following: (A) by striking ‘‘of a member’’ and inserting cedes paragraph (2) and inserting the following: ‘‘198. Coast Guard history fellowships.’’. ‘‘(b)(1) The Secretary shall make, at least once ‘‘of an individual’’; and SEC. 210. ICEBREAKERS. (B) by striking ‘‘of lieutenant (junior grade) each year, a computation to determine the num- (a) OPERATION AND MAINTENANCE PLAN.—Not or lieutenant’’ and inserting ‘‘determined by the ber of Reserve officers in an active status au- later than 90 days after the date of enactment of Secretary to be most appropriate to the quali- thorized to be serving in each grade. The num- this Act, the Secretary of the department in fications and experience of the appointed indi- ber in each grade shall be computed by applying which the Coast Guard is operating shall submit vidual’’; the applicable percentage to the total number of (3) in subsection (d) by striking ‘‘A member’’ such officers serving in an active status on the to the Committee on Transportation and Infra- and inserting ‘‘An individual’’; and date the computation is made. The number of structure of the House of Representatives and (4) in subsection (e)— Reserve officers in an active status below the the Committee on Commerce, Science, and (A) by striking ‘‘When a member’s designation grade of rear admiral (lower half) shall be dis- Transportation of the Senate a plan— is revoked,’’ and inserting ‘‘When an individ- tributed by pay grade so as not to exceed per- (1) for operation and maintenance after fiscal ual’s designation is revoked,’’; and centages of commissioned officers authorized by year 2006 of the Coast Guard polar icebreakers (B) by striking ‘‘option:’’ and inserting ‘‘op- section 42(b) of this title. When the actual num- POLAR STAR, POLAR SEA, and HEALY, that tion—’’. ber of Reserve officers in an active status in a does not rely on the transfer of funds to the (b) CURRENT DIRECTOR.—The individual serv- particular pay grade is less than the maximum Coast Guard by any other Federal agency; and ing as Coast Guard band director on the date of percentage authorized, the difference may be (2) for the long-term recapitalization of these enactment of this Act may be immediately pro- applied to the number in the next lower grade. assets. moted to a commissioned grade, not to exceed A Reserve officer may not be reduced in rank or (b) NECESSARY MEASURES.—The Secretary captain, determined by the Secretary of the de- grade solely because of a reduction in an au- shall take all necessary measures to ensure that partment in which the Coast Guard is operating thorized number as provided for in this sub- the Coast Guard maintains, at a minimum, its to be most appropriate to the qualifications and section, or because an excess results directly current vessel capacity for carrying out ice experience of that individual. from the operation of law.’’. breaking in the Arctic and Antarctic, Great Lakes, and New England regions, including the SEC. 205. AUTHORITY FOR ONE-STEP TURNKEY SEC. 208. EXPANSION OF USE OF AUXILIARY DESIGN-BUILD CONTRACTING. EQUIPMENT TO SUPPORT COAST necessary funding for operation and mainte- (a) IN GENERAL.—Chapter 17 of title 14, GUARD MISSIONS. nance of such vessels, until it has implemented United States Code, is amended by adding at the (a) USE OF MOTORIZED VEHICLES.—Section 826 the long-term recapitalization of the Coast end the following new section: of title 14, United States Code, is amended— Guard polar icebreakers POLAR STAR, POLAR ‘‘§ 677. Turnkey selection procedures (1) by inserting before the undesignated text SEA, and HEALY in accordance with the plan submitted under subsection (a). ‘‘(a) AUTHORITY TO USE.—The Secretary may the following: (c) REIMBURSEMENT.—Nothing in this section use one-step turnkey selection procedures for ‘‘(a) MOTOR BOATS, YACHTS, AIRCRAFT, AND shall preclude the Secretary from seeking reim- the purpose of entering into contracts for con- RADIO STATIONS.—’’; and bursement for operation and maintenance costs struction projects. (2) by adding at the end the following new of such polar icebreakers from other Federal ‘‘(b) DEFINITIONS.—In this section, the fol- subsection: lowing definitions apply: ‘‘(b) MOTOR VEHICLES.—The Coast Guard agencies and entities, including foreign coun- ‘‘(1) The term ‘one-step turnkey selection pro- may utilize to carry out its functions and duties tries, that benefit from the use of the ice- cedures’ means procedures used for the selection as authorized by the Secretary any motor vehi- breakers. of a contractor on the basis of price and other cle (as defined in section 154 of title 23, United (d) AUTHORIZATION OF APPROPRIATIONS.— evaluation criteria to perform, in accordance States Code) placed at its disposition by any There is authorized to be appropriated for fiscal with the provisions of a firm fixed-price con- member of the Auxiliary, by any corporation, year 2006 to the Secretary of the department in tract, both the design and construction of a fa- partnership, or association, or by any State or which the Coast Guard is operating $100,000,000 cility using performance specifications supplied political subdivision thereof, to tow Federal to carry out this section with respect to the by the Secretary. Government property.’’. polar icebreakers referred to in subsection (a). ‘‘(2) The term ‘construction’ includes the con- (b) APPROPRIATIONS FOR FACILITIES.—Section SEC. 211. OPERATION AS A SERVICE IN THE NAVY. struction, procurement, development, conver- 830(a) of such title is amended by striking ‘‘or Section 3 of title 14, United States Code, is sion, or extension of any facility. radio station’’ each place it appears and insert- amended by inserting ‘‘if Congress so directs in

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the declaration’’ after ‘‘Upon the declaration of Guard vehicles and vessels and that focuses on (b) CONFORMING AMENDMENTS.— war’’. the use of biodiesel fuel in ports which have a (1) TITLE 14.—Section 727 of title 14, United SEC. 212. LIMITATION ON MOVING ASSETS TO ST. high density of vessel traffic, including ports for States Code, is amended by striking ‘‘law spe- ELIZABETH’S HOSPITAL. which vessel traffic systems have been estab- cialist’’ and inserting ‘‘judge advocate’’. The Commandant of the Coast Guard may not lished. (2) SOCIAL SECURITY ACT.—Section 465(a)(2) of move any Coast Guard personnel, property, or (b) REPORT.—Not later than one year after the Social Security Act (42 U.S.C. 665(a)(2)) is other assets to the West Campus of St. Eliza- the date of enactment of this Act, the Secretary amended by striking ‘‘law specialist’’ and in- beth’s Hospital until the Administrator of Gen- shall submit a report containing the findings, serting ‘‘judge advocate’’. eral Services submits to the Committee on Trans- conclusions, and recommendations (if any) from TITLE III—SHIPPING AND NAVIGATION portation and Infrastructure of the House of the study to the Committee on Commerce, SEC. 301. TREATMENT OF FERRIES AS PAS- Representatives and the Committee on Com- Science, and Transportation of the Senate and SENGER VESSELS. merce, Science, and Transportation and the the Committee on Transportation and Infra- (a) FERRY DEFINED.—Section 2101 of title 46, Committee on Environment and Public Works of structure of the House of Representatives. United States Code, is amended by inserting the Senate a plan— SEC. 215. BOATING SAFETY DIRECTOR. after paragraph (10a) the following: (1) to provide road access to the site from (a) IN GENERAL.—Subchapter A of chapter 11 ‘‘(10b) ‘ferry’ means a vessel that is used on a Interstate Route 295; of title 14, United States Code, is amended by regular schedule— (2) for the design of facilities for at least one adding at the end the following: ‘‘(A) to provide transportation only between Federal agency other than the Coast Guard that ‘‘§ 216. Director of Boating Safety Office places that are not more than 300 miles apart; would house no fewer than 2,000 employees at and ‘‘The initial appointment of the Director of such location; ‘‘(B) to transport only— the Boating Safety Office shall be in the grade (3) to provide transportation of employees and ‘‘(i) passengers; or of Captain.’’. visitors to and from sites in the District of Co- ‘‘(ii) vehicles, or railroad cars, that are being (b) CLERICAL AMENDMENT.—The analysis for lumbia metropolitan area that are located with- used, or have been used, in transporting pas- such chapter is amended by inserting after the in close proximity to St. Elizabeth’s Hospital; sengers or goods.’’. item relating to section 215 the following: (4) for the construction, facade, and layout of (b) PASSENGER VESSELS THAT ARE FERRIES.— the proposed structures, including security con- ‘‘216. Director of Boating Safety Office.’’. Section 2101(22) of title 46, United States Code, siderations, parking facilities, medical facilities, SEC. 216. HANGAR AT COAST GUARD AIR STATION is amended— dining facilities, and physical exercise facilities BARBERS POINT. (1) by striking ‘‘or’’ at the end of subpara- on the West Campus; Not later than 180 days after the date of en- graph (B); (5) that analyzes the costs of building restric- actment of this Act, the Secretary of the depart- (2) by striking the period at the end of sub- tions, planning considerations, and permitting ment in which the Coast Guard is operating paragraph (C) and inserting ‘‘; or’’; and requirements of constructing new facilities on or shall submit to the Committee on Commerce, (3) by adding at the end the following: near historic landmarks and historic buildings Science, and Transportation of the Senate and ‘‘(D) that is a ferry carrying a passenger.’’. (especially those known to possess medical the Committee on Transportation and Infra- (c) SMALL PASSENGER VESSELS THAT ARE FER- waste, lead paint, and asbestos); structure of the House of Representatives a pro- RIES.—Section 2101(35) of title 46, United States (6) that analyzes the feasibility of relocating posal and cost analysis for constructing an en- Code, is amended— Coast Guard Headquarters— closed hangar at Air Station Barbers Point, Ha- (1) by striking ‘‘or’’ at the end of subpara- (A) to the Department of Transportation waii. The proposal should ensure that the hang- graph (C); (2) by striking the period at the end of sub- Headquarters located at L’Enfant Plaza; ar has the capacity to shelter current aircraft (B) to the Waterfront Mall Complex in South- assets and those projected to be located at the paragraph (D) and inserting ‘‘; or’’; and (3) by adding at the end the following: west District of Columbia; and station over the next 20 years. ‘‘(E) that is a ferry carrying more than 6 pas- (C) to 3 alternative sites requiring either new SEC. 217. PROMOTION OF COAST GUARD OFFI- sengers.’’. construction or leasing of current facilities CERS. (other than those referred to in subparagraphs (a) IN GENERAL.—Section 211(a) of title 14, SEC. 302. GREAT LAKES PILOTAGE ANNUAL RATE- MAKING. (A) and (B)) within the District of Columbia United States Code, is amended to read as fol- Section 9303 of title 46, United States Code, is metropolitan area that accommodate the Coast lows: amended— Guard’s minimum square footage requirements; ‘‘(a)(1) The President may appoint permanent (1) in subsection (f) by inserting at the end the and commissioned officers in the Regular Coast following: ‘‘The Secretary shall establish new (7) that analyzes how a potential move to the Guard in grades appropriate to their qualifica- pilotage rates by March 1 of each year. The Sec- West Campus of St. Elizabeth’s Hospital would tion, experience, and length of service, as the retary shall establish base pilotage rates by a impact— needs of the Coast Guard may require, from full ratemaking at least once every 5 years and (A) the Coast Guard’s ability to access and co- among the following categories: shall conduct annual reviews of such base pilot- operatively work with the Department of Home- ‘‘(A) Graduates of the Coast Guard Academy. age rates, and make adjustments to such base land Security and the other Federal agencies of ‘‘(B) Commissioned warrant officers, warrant rates, in each intervening year.’’; and the Department; and officers, and enlisted members of the Regular Coast Guard. (2) by adding at the end the following: (B) plans under consideration for relocating ‘‘(g) The Secretary shall ensure that a suffi- all or parts of the headquarters of the Depart- ‘‘(C) Members of the Coast Guard Reserve who have served at least 2 years as such. cient number of individuals are assigned to car- ment of Homeland Security and other offices of rying out subsection (f).’’. the Department. ‘‘(D) Licensed officers of the United States merchant marine who have served 2 or more SEC. 303. CERTIFICATION OF VESSEL NATION- SEC. 213. COOPERATIVE AGREEMENTS. years aboard a vessel of the United States in the ALITY IN DRUG SMUGGLING CASES. Not later than 180 days after the date of en- capacity of a licensed officer. Section 3(c)(2) of the Maritime Drug Law En- actment of this Act, the Secretary of the depart- ‘‘(2) Original appointments under this section forcement Act (46 U.S.C. App. 1903(c)(2)) is ment in which the Coast Guard is operating in the grades of lieutenant commander and amended by striking the last two sentences and shall provide a report to the Committee on Com- above shall be made by the President by and inserting the following: ‘‘The response of a for- merce, Science, and Transportation of the Sen- with the advice and consent of the Senate. eign nation to a claim of registry under sub- ate and the Committee on Transportation and ‘‘(3) Original appointments under this section paragraph (A) or (C) may be made by radio, Infrastructure of the House of Representatives in the grades of ensign through lieutenant shall telephone, or similar oral or electronic means, on opportunities for cost savings and oper- be made by the President alone.’’. and is conclusively proved by certification of the ational efficiencies that can be achieved (b) WARTIME TEMPORARY SERVICE PRO- Secretary of State or the Secretary’s designee.’’. through and the feasibility of colocating Coast MOTION.—Section 275(f) of such title is amended SEC. 304. LNG TANKERS. Guard assets and personnel at facilities of other by striking the second and third sentences and (a) PROGRAM.—The Secretary of Transpor- armed forces throughout the United States. The inserting ‘‘Original appointments under this tation shall develop and implement a program to report shall— section in the grades of lieutenant commander promote the transportation of liquefied natural (1) identify opportunities for cooperative and above shall be made by the President by gas to the United States on United States flag agreements with respect to siting of assets or op- and with the advice and consent of the Senate. vessels. erations that may be established between the Original appointments under this section in the (b) AMENDMENT TO DEEPWATER PORT ACT.— Coast Guard and any of the other armed forces; grades of ensign through lieutenant shall be Section 4 of the Deepwater Port Act of 1974 (33 and made by the President alone.’’. U.S.C. 1503) is amended by adding at the end (2) analyze anticipated costs and benefits, and SEC. 218. REDESIGNATION OF COAST GUARD LAW the following: operational impacts associated with each site SPECIALISTS AS JUDGE ADVOCATES. ‘‘(i) To promote the security of the United and such agreements. (a) DEFINITIONS IN TITLE 10.—Section 801 of States, the Secretary shall give top priority to SEC. 214. BIODIESEL FEASIBILITY STUDY. title 10, United States Code, is amended— the processing of a license under this Act for liq- (a) STUDY.—The Secretary of the department (1) by striking paragraph (11); and uefied natural gas facilities that will be supplied in which the Coast Guard is operating shall (2) in paragraph (13) by striking subpara- with liquefied natural gas by United States flag conduct a study that examines the technical graph (C) and inserting the following: vessels.’’. feasibility, costs, and potential cost savings of ‘‘(C) a commissioned officer of the Coast (c) PUBLIC NOTICE OF LNG VESSEL’S REGISTRY using biodiesel fuel in new and existing Coast Guard designated for special duty (law).’’. AND CREW.—

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(1) PLAN SUBMITTED WITH APPLICATION FOR (1) by redesignating paragraphs (3) and (4) as SEC. 311. INTERNATIONAL TONNAGE MEASURE- DEEPWATER PORT LICENSE.—Section 5(c)(2) of paragraphs (4) and (5), respectively; and MENT OF VESSELS ENGAGED IN THE the Deepwater Port Act of 1974 (33 U.S.C. (2) by inserting after paragraph (2) the fol- ALEUTIAN TRADE. 1504(c)(2)) is amended— lowing: (a) GENERAL INSPECTION EXEMPTION.—Section (A) by redesignating subparagraphs (K) and ‘‘(3) DENIAL OF WAIVER REVIEW.— 3302(c)(2) of title 46, United States Code, is (L) as subparagraphs (L) and (M), respectively; ‘‘(A) IN GENERAL.—The Secretary shall estab- amended to read as follows: and lish a review process before an administrative ‘‘(2) Except as provided in paragraphs (3) and (B) by inserting after subparagraph (J) the law judge for individuals denied a waiver under (4) of this subsection, the following fish tender following: paragraph (2). vessels are exempt from section 3301(1), (6), (7), ‘‘(K) the nation of registry for, and the na- ‘‘(B) SCOPE OF REVIEW.—In conducting a re- (11), and (12) of this title: view under the process established pursuant to tionality or citizenship of officers and crew serv- ‘‘(A) A vessel of not more than 500 gross tons subparagraph (A), the administrative law judge ing on board, vessels transporting natural gas as measured under section 14502 of this title or shall be governed by the standards of section 706 that are reasonably anticipated to be servicing an alternate tonnage measured under section of title 5. The substantial evidence standard in the deepwater port;’’. 14302 of this title as prescribed by the Secretary section 706(2)(E) of title 5 shall apply whether or (2) INFORMATION TO BE PROVIDED.—When the under section 14104 of this title. not there has been an agency hearing. The Coast Guard is operating as a contributing ‘‘(B) A vessel engaged in the Aleutian trade judge shall review all facts on the record of the agency in the Federal Energy Regulatory Com- that is not more than 2,500 gross tons as meas- agency. mission’s shoreside licensing process for a lique- ured under section 14302 of this title.’’. ‘‘(C) CLASSIFIED EVIDENCE.—The Secretary, in (b) OTHER INSPECTION EXEMPTION AND WATCH fied natural gas or liquefied petroleum gas ter- consultation with the National Intelligence Di- minal located on shore or within State seaward REQUIREMENT.—Paragraphs (3)(B) and (4) of rector, shall issue regulations to establish proce- section 3302(c) of title 46, United States Code, boundaries, the Coast Guard shall provide to dures by which the Secretary, as part of a re- the Commission the information described in and section 8104(o) of that title are each amend- view conducted under this paragraph, may pro- ed by striking ‘‘or an alternate tonnage meas- section 5(c)(2)(K) of the Deepwater Port Act of vide to the individual adversely affected by the 1974 (33 U.S.C. 1504(c)(2)(K)) with respect to ves- ured under section 14302 of this title as pre- determination an unclassified summary of clas- scribed by the Secretary under section 14104 of sels reasonably anticipated to be servicing that sified evidence upon which the denial of a waiv- this title’’ and inserting ‘‘or less than 500 gross port. er by the Secretary was based. tons as measured under section 14502 of this (d) REPORT.—Not later than 6 months after ‘‘(D) REVIEW OF CLASSIFIED EVIDENCE BY AD- title, or is less than 2,500 gross tons as measured the date of enactment of this Act, the Secretary MINISTRATIVE LAW JUDGE.— of the department in which the Coast Guard is ‘‘(i) REVIEW.—As part of a review conducted under section 14302 of this title’’. operating shall submit a report on the imple- under this section, if the decision of the Sec- SEC. 312. RIDING GANGS. mentation of this section to the Committee on retary was based on classified information (as (a) IN GENERAL.—Chapter 81 of title 46, Commerce, Science, and Transportation of the defined in section 1(a) of the Classified Informa- United States Code, is amended by adding at the Senate and the Committee on Transportation tion Procedures Act (18 U.S.C. App.)), such in- end the following: and Infrastructure of the House of Representa- formation may be submitted by the Secretary to ‘‘§ 8106. Riding gangs tives. the reviewing administrative law judge, pursu- ‘‘(a) IN GENERAL.—The owner or managing SEC. 305. USE OF MARITIME SAFETY AND SECU- ant to appropriate security procedures, and operator of a freight vessel of the United States RITY TEAMS. shall be reviewed by the administrative law on voyages covered by the International Con- Section 70106(b)(8) of title 46, United States judge ex parte and in camera. vention for Safety of Life at Sea, 1974 (32 UST ‘‘(ii) SECURITY CLEARANCES.—Pursuant to ex- Code, is amended by striking ‘‘other security 47m) shall— isting procedures and requirements, the Sec- missions’’ and inserting ‘‘any other missions of ‘‘(1) ensure that— retary, in coordination (as necessary) with the the Coast Guard’’. ‘‘(A) subject to subsection (d), each riding heads of other affected departments or agencies, SEC. 306. ENHANCED CIVIL PENALTIES FOR VIO- gang member on the vessel— LATIONS OF PROVISIONS ENACTED shall ensure that administrative law judges re- ‘‘(i) is a United States citizen or an alien law- BY THE COAST GUARD AND MARI- viewing negative waiver decisions of the Sec- fully admitted to the United States for perma- TIME TRANSPORTATION ACT OF 2004. retary under this paragraph possess security nent residence; or (a) CONTINUING VIOLATIONS.—The section clearances appropriate for such review. ‘‘(ii) possesses a United States nonimmigrant enumerated 70119 of title 46, United States Code, ‘‘(iii) UNCLASSIFIED SUMMARIES OF CLASSIFIED visa for individuals desiring to enter the United as redesignated and transferred by section EVIDENCE.—As part of a review conducted under States temporarily for business, employment-re- 802(a)(1) of the Coast Guard and Maritime this paragraph and upon the request of the in- lated and personal identifying information, and Transportation Security Act of 2004 (118 Stat. dividual adversely affected by the decision of any other documentation required by the Sec- 1078), relating to civil penalty, is amended— the Secretary not to grant a waiver, the Sec- retary; (1) by inserting ‘‘(a) IN GENERAL.—’’ before retary shall provide to the individual and re- ‘‘(B) all required documentation for such ‘‘Any’’; viewing administrative law judge, consistent member is kept on the vessel and available for (2) by striking ‘‘violation.’’ and inserting with the procedures established under clause (i), inspection by the Secretary; and ‘‘day during which the violation continues.’’; an unclassified summary of any classified infor- ‘‘(C) each riding gang member is identified on and mation upon which the decision of the Secretary the vessel’s crew list; was based. (3) by adding at the end the following: ‘‘(2) ensure that— ‘‘(b) CONTINUING VIOLATIONS.—The maximum ‘‘(E) NEW EVIDENCE.—The Secretary shall es- tablish a process under which an individual ‘‘(A) the owner or managing operator attests amount of a civil penalty for a violation under in a certificate that the background of each this section shall not exceed $50,000.’’. may submit a new request for a waiver, notwith- standing confirmation by the administrative law riding gang member has been examined and (b) APPLICATION OF CIVIL PENALTY PROCE- found to be free of any credible information in- DURES.—Section 2107 of title 46, United States judge of the Secretary’s initial denial of the waiver, if the request is supported by substan- dicating a material risk to the security of the Code, is amended by striking ‘‘this subtitle’’ vessel, the vessel’s cargo, the ports the vessel each place it appears and inserting ‘‘this sub- tial evidence that was not available to the Sec- retary at the time the initial waiver request was visits, or other individuals onboard the vessel; title or subtitle VII’’. ‘‘(B) the background check consisted of a denied.’’. SEC. 307. TRAINING OF CADETS AT UNITED search of all information reasonably available to SEC. 310. SETTING, RELOCATING, AND RECOV- STATES MERCHANT MARINE ACAD- the owner or managing operator in the riding EMY. ERING ANCHORS. Section 12105 of title 46, United States Code, is gang member’s country of citizenship and any Section 1303(f) of the Merchant Marine Act, other country in which the riding gang member 1936 (46 App. U.S.C. 1295b(f)) is amended— amended by adding at the end the following: ‘‘(c)(1) Only a vessel for which a certificate of works, receives employment referrals, or resides; (1) by striking ‘‘and’’ at the end of paragraph ‘‘(C) the certificate required under subpara- (2); documentation with a registry endorsement is issued may engage in— graph (A) is kept on the vessel and available for (2) by striking the period at the end of para- inspection by the Secretary; and graph (3) and inserting ‘‘; and’’; and ‘‘(A) the setting, relocation, or recovery of the anchors or other mooring equipment of a mobile ‘‘(D) the information derived from any such (3) by adding at the end the following: background check is made available to the Sec- ‘‘(4) on any other vessel considered by the offshore drilling unit that is located over the outer Continental Shelf (as defined in section retary upon request; Secretary to be necessary or appropriate or in ‘‘(3) ensure that each riding gang member, the national interest.’’. 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a))); or while on board the vessel, is subject to the same SEC. 308. REPORTS FROM MORTGAGEES OF VES- ‘‘(B) the transportation of merchandise or per- random chemical testing and reporting regimes SELS. sonnel to or from a point in the United States as crew members; Section 12120 of title 46, United States Code, is from or to a mobile offshore drilling unit located ‘‘(4) ensure that each such riding gang mem- amended by striking ‘‘owners, masters, and over the outer Continental Shelf that is not at- ber receives basic safety familiarization and charterers’’ and inserting ‘‘owners, masters, tached to the seabed. basic safety training approved by the Coast charterers, and mortgagees’’. ‘‘(2) Nothing in paragraph (1) authorizes the Guard as satisfying the requirements for such SEC. 309. DETERMINATION OF THE SECRETARY. employment in the coastwise trade of a vessel training under the International Convention of Section 70105(c) of title 46, United States Code, that does not meet the requirements of section Training, Certification, and Watchkeeping for is amended— 12106 of this title.’’. Seafarers, 1978;

VerDate Aug 31 2005 04:50 Apr 07, 2006 Jkt 049060 PO 00000 Frm 00080 Fmt 4634 Sfmt 6333 E:\CR\FM\A06AP7.045 H06APPT1 jcorcoran on PROD1PC62 with HOUSE April 6, 2006 CONGRESSIONAL RECORD — HOUSE H1645 ‘‘(5) prevent from boarding the vessel, or cause described in paragraph (1) who is on the vessel ‘‘voyage.’’ and inserting ‘‘voyage or to riding the removal from the vessel at the first available when it calls at a United States port. gang members.’’. port, and disqualify from future service on ‘‘(e) RECORDKEEPING.—In addition to the re- (d) CLERICAL AMENDMENT.—The analysis for board any other vessel owned or operated by quirements of subsection (a), the owner or man- chapter 81 of such title is amended by adding at that owner or operator, any riding gang mem- aging operator of a vessel to which subsection the end the following: ber— (a) applies shall ensure that all information ‘‘8106. Riding gangs.’’. necessary to ensure compliance with this sec- ‘‘(A) who has been convicted in any jurisdic- TITLE IV—MISCELLANEOUS tion of an offense described in paragraph (2) or tion, as determined by the Secretary, is entered (3) of section 7703; into the vessel’s official logbook required by SEC. 401. AUTHORIZATION OF JUNIOR RESERVE chapter 113. OFFICERS TRAINING PROGRAM ‘‘(B) whose license, certificate of registry, or PILOT PROGRAM. merchant mariner’s document has been sus- ‘‘(f) FAILURE TO EMPLOY QUALIFIED AVAIL- (a) IN GENERAL.—The Secretary of the depart- ABLE U.S. CITIZENS OR RESIDENTS.— pended or revoked under section 7704; or ment in which the Coast Guard is operating ‘‘(1) IN GENERAL.—The owner or operator of a ‘‘(C) who otherwise constitutes a threat to the may carry out a pilot program to establish and vessel to which subsection (a) applies may not safety of the vessel; maintain a junior reserve officers training pro- employ a riding gang member who is neither a ‘‘(6) ensure and certify to the Secretary that gram in cooperation with the Camden County United States citizen nor an alien lawfully ad- the sum of— High School in Camden County, North Caro- mitted to the United States for permanent resi- ‘‘(A) the number of riding gang members on lina. board a freight vessel, and dence to perform work described in subsection (b) PROGRAM REQUIREMENTS.—The pilot pro- (b) unless the owner or operator determines, in ‘‘(B) the number of individuals in addition to gram carried out by the Secretary under this accordance with procedures established by the crew permitted under section 3304, section shall provide to students at Camden Secretary to carry out section 8103(b)(3)(C), that does not exceed 12; County High School— there is not a sufficient number of United States ‘‘(7) ensure that every riding gang member is (1) instruction in subject areas relating to op- citizens or individuals lawfully admitted to the employed on board the vessel under conditions erations of the Coast Guard; and that meet or exceed the minimum international United States for permanent residence who are (2) training in skills which are useful and ap- standards of all applicable international labor qualified and available for the work for which propriate for a career in the Coast Guard. the riding gang member is to be employed. conventions to which the United States is a (c) PROVISION OF ADDITIONAL SUPPORT.—To IVIL PENALTY.—A violation of para- party, including all of the merchant seamen ‘‘(2) C carry out the pilot program under this section, graph (1) is punishable by a civil penalty of not protection and relief provided under United the Secretary may provide to Camden County more than $10,000 for each day during which States law; and High School— ‘‘(8) ensure that each riding gang member— the violation continues. (1) assistance in course development, instruc- ‘‘(3) CONTINUING VIOLATIONS.—The maximum ‘‘(A) is supervised by an individual who holds tion, and other support activities; and amount of a civil penalty for a violation under a license issued under chapter 71; and (2) necessary and appropriate course mate- this subsection shall not exceed— ‘‘(B) only performs work in conjunction with rials, equipment, and uniforms. ‘‘(A) $50,000 if the violation occurs in fiscal individuals who hold merchant mariners docu- (d) EMPLOYMENT OF RETIRED COAST GUARD year 2006; ments issued under chapter 73 and who are part PERSONNEL.— ‘‘(B) $75,000 if the violation occurs in fiscal of the vessel’s crew. (1) IN GENERAL.—Subject to paragraph (2) of year 2007; and ‘‘(b) PERMITTED WORK.—Subject to subsection this subsection, the Secretary may authorize the ‘‘(C) $100,000 if the violation occurs after fis- (f), a riding gang member on board a vessel to Camden County High School to employ, as ad- cal year 2007. which subsection (a) applies who is neither a ministrators and instructors for the pilot pro- ‘‘(4) DETERMINATION OF AMOUNT.—In deter- gram, retired Coast Guard and Coast Guard Re- United States citizen nor an alien lawfully ad- mining the amount of the penalty, the Secretary serve commissioned, warrant, and petty officers mitted to the United States for permanent resi- shall take into account the nature, cir- not on active duty who request that employment dence may not perform any work on board the cumstances, extent, and gravity of the violation and who are approved by the Secretary and vessel other than— committed and, with respect to the violator, the Camden County High School. ‘‘(1) work in preparation of a vessel entering degree of culpability, the history of prior of- (2) AUTHORIZED PAY.— a shipyard located outside of the United States; fenses, the ability to pay, and such other mat- ‘‘(2) completion of the residual repairs after (A) IN GENERAL.—Retired members employed ters as justice may require. under paragraph (1) of this subsection are enti- departing a shipyard located outside of the OMPROMISE, MODIFICATION, AND REMIT- ‘‘(5) C tled to receive their retired or retainer pay and United States; or TAL.—The Secretary may compromise, modify, an additional amount of not more than the dif- ‘‘(3) technical in-voyage repairs, in excess of or remit, with or without conditions, any civil any repairs that can be performed by the ves- ference between— penalty imposed under this section.’’. (i) the amount the individual would be paid as sel’s crew, in order to advance the vessel’s use- (b) RIDING GANG MEMBER DEFINED.—Section pay and allowance if the individual was consid- ful life without having to actually enter a ship- 2101 of such title is amended by inserting after ered to have been ordered to active duty during yard. paragraph (26) the following: the period of employment; and ‘‘(c) WORKDAY LIMIT.— ‘‘(26a) ‘riding gang member’ means an indi- (ii) the amount of retired pay the individual is ‘‘(1) IN GENERAL.—The maximum number of vidual who— entitled to receive during that period. days in any calendar year that the owner or op- ‘‘(A) has not been issued a merchant mariner erator of a vessel to which subsection (a) applies (B) PAYMENT TO SCHOOL.—The Secretary shall document under chapter 73; pay to Camden County High School an amount may employ on board riding gang members who ‘‘(B) does not perform— equal to one half of the amount described in are neither United States citizens nor aliens ‘‘(i) watchstanding, automated engine room subparagraph (A), from funds appropriated for lawfully admitted to the United States for per- duty watch, or personnel safety functions; or such purpose. manent residence for work on board that vessel ‘‘(ii) cargo handling functions, including any (C) NOT DUTY OR DUTY TRAINING.—Notwith- is 60 days. If the vessel is at sea on the 60th day, activity relating to the loading or unloading of standing any other law, while employed under each riding gang member shall be discharged cargo, the operation of cargo-related equipment this subsection, an individual is not considered from the vessel at the next port of call reached (whether or not integral to the vessel), and the to be on active-duty or inactive-duty training. by the vessel after the date on which the 60- handling of mooring lines on the dock when the workday limit is reached. vessel is made fast or let go; SEC. 402. TRANSFER. ‘‘(2) CALCULATION.—For the purpose of calcu- ‘‘(C) does not serve as part of the crew com- Section 602 of the Coast Guard and Maritime lating the 60-workday limit under this sub- plement required under section 8101; Transportation Act of 2004 (118 Stat. 1050) is section, each day worked by a riding gang mem- ‘‘(D) is not a member of the steward’s depart- amended— ber who is neither a United States citizen nor an ment; and (1) in subsection (b)(2) by striking ‘‘to be con- alien lawfully admitted to the United States for ‘‘(E) is not a citizen or temporary or perma- veyed’’ and all that follows through the period permanent residence shall be counted against nent resident of a country designated by the and inserting ‘‘to be conveyed to CAS Founda- the limitation. United States as a sponsor of terrorism or any tion, Inc. (a nonprofit corporation under the ‘‘(d) EXCEPTIONS FOR WARRANTY WORK.— other country that the Secretary, in consulta- laws of the State of Indiana).’’; and ‘‘(1) IN GENERAL.—Subsections (b), (c), (e), tion with the Secretary of State and the heads (2) in subsection (c)(1)(A) by inserting ‘‘or, in and (f) do not apply to a riding gang member of other appropriate United States agencies, de- the case of the vessel described in subsection employed exclusively to perform, and who per- termines to be a security threat to the United (b)(2) only, for humanitarian purposes’’ before forms only, work that is— States.’’. the semicolon at the end. ‘‘(A) customarily performed by original equip- (c) CONFORMING AMENDMENTS.— SEC. 403. LORAN–C. ment manufacturers’ technical representatives; (1) CITIZENSHIP REQUIREMENT.—Section 8103 There are authorized to be appropriated to the ‘‘(B) required by a manufacturer’s warranty of such title is amended by adding at the end Department of Transportation, in addition to on specific machinery and equipment; or the following: funds authorized for the Coast Guard for oper- ‘‘(C) required by a contractual guarantee or ‘‘(j) RIDING GANG MEMBER.—This section does ation of the LORAN–C system, for capital ex- warranty on actual repairs performed in a ship- not apply to an individual who is a riding gang penses related to LORAN–C navigation infra- yard located outside of the United States. member.’’. structure, $25,000,000 for fiscal year 2006 and ‘‘(2) CITIZENSHIP REQUIREMENT.—Subsection (2) APPLICATION OF CHAPTER 103.—Section $25,000,000 for fiscal year 2007. The Secretary of (a)(1)(A) applies only to a riding gang member 10301(b) of such title is amended by striking Transportation may transfer from the Federal

VerDate Aug 31 2005 04:50 Apr 07, 2006 Jkt 049060 PO 00000 Frm 00081 Fmt 4634 Sfmt 6333 E:\CR\FM\A06AP7.048 H06APPT1 jcorcoran on PROD1PC62 with HOUSE H1646 CONGRESSIONAL RECORD — HOUSE April 6, 2006 Aviation Administration and other agencies of title, and interest of the United States in and to (5) an identification of how funds in that fis- the Department funds appropriated as author- that vessel to the Icebreaker Mackinaw Mari- cal year’s budget request will be allocated, in- ized under this section in order to reimburse the time Museum, Inc., located in the State of cluding information on the purchase of specific Coast Guard for related expenses. Michigan if— assets; SEC. 404. LONG-RANGE VESSEL TRACKING SYS- (1) the recipient agrees— (6) a detailed explanation of how the costs of TEM. (A) to use the vessel for purposes of a mu- the legacy assets are being accounted for within (a) PILOT PROJECT.—The Secretary of the de- seum; the Deepwater program; partment in which the Coast Guard is oper- (B) not to use the vessel for commercial trans- (7) a description of how the Coast Guard is ating, acting through the Commandant of the portation purposes; planning for the integration of Deepwater pro- Coast Guard, shall conduct a 3-year pilot pro- (C) to make the vessel available to the United gram assets into the Coast Guard, including gram for long-range tracking of up to 2,000 ves- States Government if needed for use by the Com- needs related to shore-based infrastructure and sels using satellite systems with a nonprofit mandant in time of war or a national emer- human resources; and maritime organization that has a demonstrated gency; and (8) a description of the competitive process capability of operating a variety of satellite (D) to hold the Government harmless for any conducted in all contracts and subcontracts ex- communications systems providing data to vessel claims arising from exposure to hazardous mate- ceeding $2,500,000 awarded under the Deepwater tracking software and hardware that provides rials, including asbestos and polychlorinated program. long-range vessel information to the Coast biphenyls (PCBs), after conveyance of the ves- (b) DEEPWATER ACCELERATION REPORT.—Not Guard to aid maritime security and response to sel, except for claims arising from the use by the later than 30 days after the date of enactment of maritime emergencies. Government under subparagraph (C); this Act, the Secretary shall submit to the Com- (b) AUTHORIZATION OF APPROPRIATIONS.— (2) the recipient has funds available that will mittee on Commerce, Science, and Transpor- There is authorized to be appropriated to the be committed to operate and maintain the vessel tation of the Senate and the Committee on Secretary $4,000,000 for each of fiscal years 2006, conveyed in good working condition, in the form Transportation and Infrastructure of the House 2007, and 2008 to carry out subsection (a). of cash, liquid assets, or a written loan commit- of Representatives a report on the acceleration SEC. 405. MARINE VESSEL AND COLD WATER ment, and in an amount of at least $700,000; and of the current Deepwater program acquisition SAFETY EDUCATION. (3) the recipient agrees to any other condi- timeline that reflects completion of the Deep- The Coast Guard shall continue cooperative tions the Commandant considers appropriate. water program in each of 10 years and 15 years agreements and partnerships with organizations (b) MAINTENANCE AND DELIVERY OF VESSEL.— and includes— in effect on the date of enactment of this Act (1) MAINTENANCE.—Before conveyance of the (1) a detailed explanation of the number and that provide marine vessel safety training and vessel under this section, the Commandant shall type of each asset that would be procured for cold water immersion education and outreach make, to the extent practical and subject to each fiscal year under each accelerated acquisi- programs for fishermen and children. other Coast Guard mission requirements, every tion timeline; SEC. 406. REPORTS. effort to maintain the integrity of the vessel and (2) the required funding for such completion (a) ADEQUACY OF ASSETS.— its equipment until the time of delivery. under each accelerated acquisition timeline; (1) REVIEW.—The Commandant of the Coast (2) DELIVERY.—If a conveyance is made under (3) anticipated costs associated with legacy Guard shall review the adequacy of assets and this section, the Commandant shall deliver the asset sustainment for the Deepwater program facilities described in subsection (b) to carry out vessel to a suitable mooring in the local area, in under each accelerated acquisition timeline; the Coast Guard’s missions, including search its present condition, no sooner than June 15, (4) anticipated mission deficiencies, if any, as- and rescue, illegal drug and migrant interdic- 2006, and not later than 30 days after the date sociated with the continued degradation of leg- tion, aids to navigation, ports, waterways and on which the vessel is decommissioned. acy assets in combination with the procurement coastal security, marine environmental protec- (3) TREATMENT OF CONVEYANCE.—The convey- of new assets under each accelerated acquisition tion, and fisheries law enforcement. ance of the vessel under this section shall not be timeline; and (2) REPORT.—Not later than 180 days after the considered a distribution in commerce for pur- (5) an evaluation of the overall feasibility of date of enactment of this Act, the Commandant poses of section 6(e) of Public Law 94–469 (15 achieving each accelerated acquisition timeline, shall submit to the Committee on Commerce, U.S.C. 2605(e)). including— Science, and Transportation of the Senate and (c) OTHER EXCESS EQUIPMENT.—The Com- (A) contractor capacity; the Committee on Transportation and Infra- mandant may convey to the recipient any excess (B) national shipbuilding capacity; structure of the House of Representatives a re- equipment or parts from other decommissioned (C) asset integration into Coast Guard facili- port that includes the findings of the review and Coast Guard vessels for use to enhance the ves- ties; any recommendations to enhance mission capa- sel’s operability and function for purposes of a (D) required personnel; and bilities in those areas referred to in paragraph museum. (E) training infrastructure capacity on tech- (1). SEC. 408. DEEPWATER REPORTS. nology associated with new assets. (b) AREAS OF REVIEW.—The report under sub- (a) ANNUAL DEEPWATER IMPLEMENTATION RE- (c) OVERSIGHT REPORT.—Not later than 90 section (a) shall provide information and rec- PORT.—Not later than 30 days after the date of days after the date of enactment of this Act, the ommendations on the following assets: enactment of this Act and in conjunction with Commandant of the Coast Guard, in consulta- (1) Coast Guard vessels and aircraft stationed the transmittal by the President of the budget of tion with the Government Accountability Office, in the Commonwealth of Puerto Rico. the United States for each fiscal year thereafter, shall submit to the Committee on Commerce, (2) Coast Guard vessels and aircraft stationed the Secretary of the department in which the Science, and Transportation of the Senate and in the State of Louisiana along the Lower Mis- Coast Guard is operating shall submit to the the Committee on Transportation and Infra- sissippi River between the Port of New Orleans Committee on Commerce, Science, and Transpor- structure of the House of Representatives a re- and the Red River. tation of the Senate and the Committee on port on the status of the Coast Guard’s imple- (3) Coast Guard vessels and aircraft stationed Transportation and Infrastructure of the House mentation of the Government Accountability Of- in Coast Guard Sector Delaware Bay. of Representatives a report on the implementa- fice’s recommendations in its report, GAO–04– (4) Physical infrastructure at Boat Station tion of the Integrated Deepwater Systems Pro- 380, entitled ‘‘Coast Guard Deepwater Program Cape May in the State of New Jersey. gram, as revised in 2005 (in this section referred Needs Increased Attention to Management and (c) ADEQUACY OF ACTIVE-DUTY STRENGTH.— to as the ‘‘Deepwater program’’), that in- Contractor Oversight’’, including the dates by (1) REVIEW.—The Commandant of the Coast cludes— which the Coast Guard plans to complete imple- Guard shall review the adequacy of the strength (1) a justification for how the projected num- mentation of such recommendations if any of of active-duty personnel authorized under sec- ber and capabilities of each Deepwater program such recommendations remain open as of the tion 102(a) of this Act to carry out the Coast asset meets the revised mission needs statement date the report is transmitted to the Committees. Guard’s missions, including search and rescue, delivered as part of the Deepwater program and (d) INDEPENDENT ANALYSIS OF REVISED DEEP- illegal drug and migrant interdiction, aids to the performance goals of the Coast Guard; WATER PLAN.—The Secretary may periodically, navigation, ports, waterways, and coastal secu- (2) a projection of the remaining operational either through an internal review process or a rity, marine environmental protection, and fish- lifespan of each legacy asset; contract with an outside entity, conduct an eries law enforcement. (3) an identification of any changes to the analysis of all or part of the Deepwater program (2) REPORT.—Not later than 180 days after the Deepwater program, including— and assess whether— date of enactment of this Act, the Commandant (A) any changes to the timeline for the acqui- (1) the choice of assets and capabilities se- shall submit to the Committee on Commerce, sition of each new asset and the phase out of lected as part of that program meets the Coast Science, and Transportation of the Senate and legacy assets for the life of the Deepwater pro- Guard’s goals for performance and minimizing the Committee on Transportation and Infra- gram; and total ownership costs; or structure of the House of Representatives a re- (B) any changes to the costs for that fiscal (2) additional or different assets should be port that includes the findings of the review. year or future fiscal years or the total costs of considered as part of that program. SEC. 407. CONVEYANCE OF DECOMMISSIONED the Deepwater program, including the costs of SEC. 409. HELICOPTERS. COAST GUARD CUTTER MACKINAW. new and legacy assets; (a) STUDY.—The Secretary of the department (a) IN GENERAL.—Upon the scheduled decom- (4) a justification for how any change to the in which the Coast Guard is operating shall missioning of the Coast Guard Cutter MACKI- Deepwater program fulfills the mission needs conduct a study that analyses the potential im- NAW, the Commandant of the Coast Guard statement for the Deepwater program and per- pact on Coast Guard acquisitions of requiring shall convey without consideration all right, formance goals of the Coast Guard; that the Coast Guard acquire only helicopters,

VerDate Aug 31 2005 04:50 Apr 07, 2006 Jkt 049060 PO 00000 Frm 00082 Fmt 4634 Sfmt 6333 E:\CR\FM\A06AP7.051 H06APPT1 jcorcoran on PROD1PC62 with HOUSE April 6, 2006 CONGRESSIONAL RECORD — HOUSE H1647 or any major component of a helicopter, that icebreaker capability for the Arctic that was in- ‘‘(iii) to alleviate poverty and provide eco- are constructed in the United States. cluded in the report prepared by the National nomic and social benefits for residents of west- (b) STUDY ELEMENTS.—The study shall in- Academy of Sciences and entitled: ‘‘Polar Ice- ern Alaska; and clude— breaker Roles and U.S. Future Needs: A Prelimi- ‘‘(iv) to achieve sustainable and diversified (1) identification of additional costs or added nary Assessment (ISBN: 0–309–10069–0)’’. local economies in western Alaska. benefits that would result from the additional (b) REPORT.—Not later than one year after ‘‘(B) PROGRAM ALLOCATION.— restrictions described in subsection (a) on acqui- the date of enactment of this Act, the Com- ‘‘(i) IN GENERAL.—Except as provided in sitions from nondomestic sources, including mandant shall report the findings of the study clause (ii), the annual percentage of the total major components or subsystems; to the Committee on Commerce, Science, and allowable catch, guideline harvest level, or other (2) industrial impact on the United States of Transportation of the Senate and the Committee annual catch limit allocated to the program in such additional restrictions on acquisitions from on Transportation and Infrastructure of the each directed fishery of the Bering Sea and nondomestic sources; House of Representatives. Aleutian Islands shall be the percentage ap- proved by the Secretary, or established by Fed- (3) the contractual impact of such additional SEC. 414. OPINIONS REGARDING WHETHER CER- restrictions on the Integrated Deepwater Sys- TAIN FACILITIES CREATE OBSTRUC- eral law, as of March 1, 2006, for the program. tems Program and its platform elements, includ- TIONS TO NAVIGATION. The percentage for each fishery shall be either ing delivery interruptions in the program and Section 14 of the Ports and Waterways Safety a directed fishing allowance or include both di- the subsequent mission impact of these delays; Act (33 U.S.C. 1232a)) is amended— rected fishing and nontarget needs based on ex- and (1) by redesignating subsection (d) as sub- isting practice with respect to the program as of (4) identification of reasonable executive au- section (e); and March 1, 2006, for each fishery. thorities to waive such additional restrictions (2) by inserting after subsection (c) the fol- ‘‘(ii) EXCEPTIONS.—Notwithstanding clause that the Secretary considers essential in order to lowing: (i)— ‘‘(I) the allocation under the program for each ensure continued mission performance of the ‘‘(d) WIND ENERGY FACILITY.— directed fishery of the Bering Sea and Aleutian United States Coast Guard. ‘‘(1) IN GENERAL.—An offshore wind energy Islands (other than a fishery for halibut, sable- (c) REPORT.—Not later than one year after the facility may not be constructed in the area com- date of enactment of this Act, the Secretary monly known as ‘Nantucket Sound’ unless the fish, pollock, and crab) shall be a directed fish- shall submit a report on the results of the study construction of such facility is approved by the ing allocation of 10 percent upon the establish- and any recommendations of the Secretary re- Commandant of the Coast Guard. ment of a quota program, fishing cooperative, garding such results to the Committee on Com- ‘‘(2) INFORMATION.—A person proposing to sector allocation, or other rationalization pro- merce, Science, and Transportation of the Sen- build an offshore wind energy facility in the gram in any sector of the fishery; and ‘‘(II) the allocation under the program in any ate and the Committee on Transportation and area commonly known as ‘Nantucket Sound’ directed fishery of the Bering Sea and Aleutian Infrastructure of the House of Representatives. shall provide to the Commandant of the Coast Islands (other than a fishery for halibut, sable- SEC. 410. NEWTOWN CREEK, NEW YORK CITY, NEW Guard and the Governor of any adjacent coastal State a plan for the siting and construction of fish, pollock, and crab) established after the YORK. date of enactment of this subclause shall be a (a) STUDY.—Of the amounts provided under the facility, including the location, size, and de- sign of each wind turbine that will be a part of directed fishing allocation of 10 percent. section 1012 of the Oil Pollution Act of 1990 (33 ‘‘(iii) PROCESSING AND OTHER RIGHTS.—Alloca- U.S.C. 2712), the Administrator of the Environ- the facility, any cable connecting the facility to onshore sites, any other offshore components, tions to the program include all processing mental Protection Agency shall conduct a study rights and any other rights and privileges asso- of public health and safety concerns related to and such other information as the Commandant may require. ciated with such allocations as of March 1, 2006. the pollution of Newtown Creek, New York City, ‘‘(iv) REGULATION OF HARVEST.—The harvest ‘‘(3) LIMITATION ON APPROVAL.—The Com- New York, caused by seepage of oil into New- of allocations under the program for fisheries mandant may not approve the construction of a town Creek from 17,000,000 gallons of under- with individual quotas or fishing cooperatives facility described in paragraph (1) if— ground oil spills in Greenpoint, Brooklyn, New shall be regulated by the Secretary in a manner York. ‘‘(A) within 90 days of the date of receipt of the plan for the facility under paragraph (2), no more restrictive than for other participants (b) REPORT.—Not later than one year after in the applicable sector, including with respect the date of enactment of this Act, the Adminis- the Governor of an adjacent coastal State makes a written determination that the Governor op- to the harvest of nontarget species. trator shall submit a report containing the re- ‘‘(C) ALLOCATIONS TO ENTITIES.—Each entity poses the proposed location for the facility and sults of the study to the Committee on Environ- eligible to participate in the program shall be submits the determination to the Commandant; ment and Public Works and the Committee on authorized under the program to harvest annu- or Commerce, Science, and Transportation of the ally the same percentage of each species allo- ‘‘(B) the Commandant determines that the fa- Senate and the Committee on Transportation cated to the program under subparagraph (B) cility creates a hazard to navigation. and Infrastructure of the House of Representa- that it was authorized by the Secretary to har- tives. ‘‘(4) ADJACENT COASTAL STATE DEFINED.—In this section, the term ‘adjacent coastal State’, as vest of such species annually as of March 1, SEC. 411. REPORT ON TECHNOLOGY. used with respect to a proposed wind energy fa- 2006, except to the extent that its allocation is Not later than 180 days after the date of en- cility, is any coastal State which— adjusted under subparagraph (H). Such alloca- actment of this Act, the Commandant of the ‘‘(A) would be directly connected by a cable to tion shall include all processing rights and any Coast Guard shall submit to the Committee on the facility; or other rights and privileges associated with such Commerce, Science, and Transportation of the ‘‘(B) is located within 15 miles of the proposed allocations as of March 1, 2006. Senate and the Committee on Transportation location of the facility.’’. ‘‘(D) ELIGIBLE VILLAGES.—The following vil- and Infrastructure of the House of Representa- lages shall be eligible to participate in the pro- SEC. 415. PORT RICHMOND. tives a report that includes an assessment of— gram through the following entities: The Secretary of the department in which the (1) the availability and effectiveness of soft- ‘‘(i) The villages of Akutan, Atka, False Pass, Coast Guard is operating, acting through the ware information technology systems for port se- Nelson Lagoon, Nikolski, and Saint George Commandant of the Coast Guard, may not ap- curity and the data evaluated, including data through the Aleutian Pribilof Island Community prove a security plan under section 70103(c) of that has the ability to identify shippers, in- Development Association. title 46, United States Code, for a liquefied nat- bound vessels, and their cargo for potential ‘‘(ii) The villages of Aleknagik, Clark’s Point, ural gas import facility at Port Richmond in threats to national security before it reaches Dillingham, Egegik, Ekuk, Ekwok, King Salm- Philadelphia, Pennsylvania, until the Secretary United States ports, specifically the software al- on/Savonoski, Levelock, Manokotak, Naknek, conducts a vulnerability assessment under sec- ready tested or being tested at Joint Harbor Op- Pilot Point, Port Heiden, Portage Creek, South tion 70102(b) of such title. erations Centers; and Naknek, Togiak, Twin Hills, and Ugashik (2) the costs associated with implementing SEC. 416. WESTERN ALASKA COMMUNITY DEVEL- through the Bristol Bay Economic Development such technology at all Sector Command Centers, OPMENT QUOTA PROGRAM. Corporation. (a) RESTATEMENT OF EXISTING PROGRAM IN- Joint Harbor Operations Centers, and strategic ‘‘(iii) The village of Saint Paul through the CORPORATING CERTAIN PROVISIONS OF REGULA- defense and energy dependent ports. Central Bering Sea Fishermen’s Association. TIONS.—Section 305(i) of the Magnuson-Stevens ‘‘(iv) The villages of Chefornak, Chevak, Eek, SEC. 412. ASSESSMENT AND PLANNING. Fishery Conservation and Management Act (16 Goodnews Bay, Hooper Bay, Kipnuk, There is authorized to be appropriated to the U.S.C. 1855(i)) is amended by striking paragraph Kongiganak, Kwigillingok, Mekoryuk, Maritime Administration $400,000 to carry out (1) and inserting the following: Napakiak, Napaskiak, Newtok, Nightmute, an assessment of, and planning for, the impact ‘‘(1) WESTERN ALASKA COMMUNITY DEVELOP- Oscarville, Platinum, Quinhagak, Scammon of an Arctic Sea Route on the indigenous people MENT QUOTA PROGRAM.— Bay, Toksook Bay, Tuntutuliak, and Tununak of Alaska. ‘‘(A) IN GENERAL.—There is established the through the Coastal Villages Region Fund. SEC. 413. HOMEPORT. western Alaska community development quota ‘‘(v) The villages of Brevig Mission, Diomede, (a) STUDY.—The Commandant of the Coast program in order— Elim, Gambell, Golovin, Koyuk, Nome, Saint Mi- Guard shall conduct a study to assess the cur- ‘‘(i) to provide eligible western Alaska villages chael, Savoonga, Shaktoolik, Stebbins, Teller, rent homeport arrangement of the Coast Guard with the opportunity to participate and invest Unalakleet, Wales, and White Mountain polar icebreaker HEALY to determine whether in fisheries in the Bering Sea and Aleutian Is- through the Norton Sound Economic Develop- an alternative arrangement would enhance the lands Management Area; ment Corporation. Coast Guard’s capabilities to carry out the rec- ‘‘(ii) to support economic development in west- ‘‘(vi) The villages of Alakanuk, Emmonak, ommendation to maintain dedicated, year-round ern Alaska; Grayling, Kotlik, Mountain Village, and Nunam

VerDate Aug 31 2005 04:50 Apr 07, 2006 Jkt 049060 PO 00000 Frm 00083 Fmt 4634 Sfmt 6333 E:\CR\FM\A06AP7.054 H06APPT1 jcorcoran on PROD1PC62 with HOUSE H1648 CONGRESSIONAL RECORD — HOUSE April 6, 2006 Iqua through the Yukon Delta Fisheries Devel- ‘‘(II) coordinate and facilitate activities of the portunity of an entity participating in that pro- opment Association. entities under the program. gram to harvest its share of such allocations. ‘‘(E) ELIGIBILITY REQUIREMENTS FOR PARTICI- ‘‘(iv) UNANIMITY REQUIRED.—The panel may (c) LOAN SUBSIDIES.—The last proviso under PATING ENTITIES.—To be eligible to participate in act only by unanimous vote of all 6 members of the heading ‘‘NATIONAL OCEANIC AND ATMOS- the program, an entity referred to in subpara- the panel and may not act if there is a vacancy PHERIC ADMINISTRATION—OPERATIONS, RE- graph (D) shall meet the following requirements: in the membership of the panel. SEARCH, AND FACILITIES’’ in the Science, State, ‘‘(i) BOARD OF DIRECTORS.—The entity shall ‘‘(H) DECENNIAL REVIEW AND ADJUSTMENT OF Justice, Commerce, and Related Agencies Appro- be governed by a board of directors. At least 75 ENTITY ALLOCATIONS.— priations Act, 2006 (Public Law 109–108; 119 percent of the members of the board shall be ‘‘(i) IN GENERAL.—During calendar year 2012 Stat. 2311–2312) is amended— resident fishermen from the entity’s member vil- and every 10 years thereafter, the State of Alas- (1) by striking ‘‘for the cost of loans’’ and in- lages. The board shall include at least one direc- ka shall evaluate the performance of each entity serting ‘‘to subsidize gross obligations for the tor selected by each such member village. participating in the program based on the cri- principal amount of direct loans, not to exceed ‘‘(ii) PANEL REPRESENTATIVE.—The entity teria described in clause (ii). a total of $200,000,000,’’; and (2) by striking ‘‘use’’ and inserting ‘‘the pur- shall elect a representative to serve on the panel ‘‘(ii) CRITERIA.—The panel shall establish a established by subparagraph (G). system to be applied under this subparagraph chase of all or part of ownership interests in fishing or processing vessels, shoreside fish proc- ‘‘(iii) OTHER INVESTMENTS.—The entity may that allows each entity participating in the pro- essing facilities, permits, quota, and cooperative make up to 20 percent of its annual investments gram to assign relative values to the following rights’’. in any combination of the following: criteria to reflect the particular needs of its vil- ‘‘(I) For projects that are not fishery-related lages: SEC. 417. QUOTA SHARE ALLOCATION. and that are located in its region. ‘‘(I) Changes during the preceding 10-year pe- (a) IN GENERAL.— The Secretary of Commerce shall modify the Voluntary Three-Pie Coopera- ‘‘(II) On a pooled or joint investment basis riod in population, poverty level, and economic tive Program for crab fisheries of the Bering Sea with one or more other entities participating in development in the entity’s member villages. and Aleutian Islands being implemented under the program for projects that are not fishery-re- ‘‘(II) The overall financial performance of the section 313(j) of the Magnuson-Stevens Fishery lated and that are located in one or more of entity, including fishery and nonfishery invest- Conservation and Management Act (16 U.S.C. their regions. ments by the entity. 1862(j)) to require that Blue Dutch, LLC, re- ‘‘(III) For matching Federal or State grants ‘‘(III) Employment, scholarships, and training ceives processor quota shares units equal to 0.75 for projects or programs in its member villages supported by the entity. percent of the total number of processor quota without regard to any limitation on the Federal ‘‘(IV) Achieving of the goals of the entity’s share units for each of the following fisheries: or State share, or restriction on the source of community development plan. the Bristol Bay red king crab fishery and the any non-Federal or non-State matching funds, ‘‘(iii) ADJUSTMENT OF ALLOCATIONS.—After of any grant program under any other provision Bering Sea C. opilio crab fishery. the evaluation required by clause (i), the State (b) APPLICABILITY.—The modification made of law. of Alaska shall make a determination, on the ‘‘(iv) FISHERY-RELATED INVESTMENTS.—The under subsection (a) shall apply with respect to record and after an opportunity for a hearing, each fishery referred to in subsection (a) when- entity shall make the remainder percent of its with respect to the performance of each entity annual investments in fisheries-related projects ever the total allowable catch for that fishery is participating in the program for the criteria de- more than 2 percent higher than the most recent or for other purposes consistent with the prac- scribed in clause (ii). If the State determines tices of the entity prior to March 1, 2006. total allowable catch in effect for that fishery that the entity has maintained or improved its prior to September 15, 2005. ‘‘(v) ANNUAL STATEMENT OF COMPLIANCE.— overall performance with respect to the criteria, (c) SAVINGS PROVISION.—Nothing in this sec- Each year the entity, following approval by its the allocation to such entity under the program tion affects the authority of the North Pacific board of directors and signed by its chief execu- shall be extended by the State for the next 10- Fishery Management Council to submit, and the tive officer, shall submit a written statement to year period. If the State determines that the en- Secretary of Commerce to implement, changes to the Secretary and the State of Alaska that sum- tity has not maintained or improved its overall or repeal of conservation and management marizes the purposes for which it made invest- performance with respect to the criteria— measures under section 313(j)(3)) of the Magnu- ments under clauses (iii) and (iv) during the ‘‘(I) at least 90 percent of the entity’s alloca- son-Stevens Fishery Conservation and Manage- preceding year. tion for each species under subparagraph (C) ment Act (16 U.S.C. 1862(j)(3)). ‘‘(vi) OTHER PANEL REQUIREMENTS.—The enti- shall be extended by the State for the next 10- (d) REGULATIONS.—Not later than 60 days ty shall comply with any other requirements es- year period; and after the date of enactment of this Act, the Sec- tablished by the panel under subparagraph (G). ‘‘(II) the State may determine, or the Sec- retary of Commerce shall issue regulations to ‘‘(F) ENTITY STATUS, LIMITATIONS, AND REGU- retary may determine (if State law prevents the implement this section. LATION.—The entity— State from making the determination), and im- SEC. 418. MAINE FISH TENDER VESSELS. ‘‘(i) shall be subject to any excessive share plement an appropriate reduction of up to 10 The prohibition under section 27 of the Mer- ownership, harvesting, or processing limitations percent of the entity’s allocation for each spe- chant Marine Act, 1920 (46 App. U.S.C. 883) in the fisheries of the Bering Sea and Aleutian cies under subparagraph (C) for all or part of against transportation of fish or shellfish be- Islands Management Area only to the extent of such 10-year period. tween places in the State of Maine by a vessel the entity’s proportional ownership, excluding ‘‘(iv) REALLOCATION OF REDUCED AMOUNT.—If constructed in Canada shall not apply to a ves- any program allocations, and notwithstanding the State or the Secretary reduces an entity’s al- sel of less than 5 net tons if— any other provision of law; location under clause (iii), the reduction shall (1) the vessel was engaged in the transpor- ‘‘(ii) shall comply with State of Alaska law re- be reallocated among other entities participating tation of fish or shellfish between places in the quiring annual reports to the entity’s member in the program whose allocations are not re- State of Maine before January 1, 2005; villages summarizing financial operations for duced during the same period in proportion to (2) before January 1, 2005, the owner of the the previous calendar year, including general each such entity’s allocation of the applicable vessel transported fish or shellfish pursuant to a and administrative costs and compensation lev- species under subparagraph (C). valid wholesale seafood license issued under sec- els of the top 5 highest paid personnel; ‘‘(I) SECRETARIAL APPROVAL NOT REQUIRED.— tion 6851 of title 12 of the Maine Revised Stat- ‘‘(iii) shall comply with State of Alaska laws Notwithstanding any other provision of law or utes; to prevent fraud that are administered by the (3) the vessel is owned by a person that meets regulation thereunder, the approval by the Sec- Alaska Division of Banking and Securities, ex- the citizenship requirements of section 2 of the retary of a community development plan, or an cept that the entity and the State shall keep Shipping Act, 1916 (46 U.S.C. App. 802); and amendment thereof, under the program is not confidential from public disclosure any informa- (4) not later than 180 days after the date of required. tion if the disclosure would be harmful to the enactment of this Act, the owner of the vessel ‘‘(J) COMMUNITY DEVELOPMENT PLAN DE- entity or its investments; and submits to the Secretary of the department in FINED.—In this paragraph, the term ‘community ‘‘(iv) is exempt from compliance with any which the Coast Guard is operating an affidavit development plan’ means a plan, prepared by an State law requiring approval of financial trans- certifying that the vessel and owner meet the re- entity referred to in subparagraph (D), for the actions, community development plans, or quirements of this section. program that describes how the entity intends— amendments thereto, except as required by sub- SEC. 419. AUTOMATIC IDENTIFICATION SYSTEM. ‘‘(i) to harvest its share of fishery resources paragraph (H). (a) PREVENTION OF HARMFUL INTER- allocated to the program, or ‘‘(G) ADMINISTRATIVE PANEL.— FERENCE.—Not later than 60 days after the date ‘‘(i) ESTABLISHMENT.—There is established a ‘‘(ii) to use its share of fishery resources allo- of enactment of this Act, the Secretary of the community development quota program panel. cated to the program, and any revenue derived department in which the Coast Guard is oper- ‘‘(ii) MEMBERSHIP.—The panel shall consist of from such use, to assist its member villages with ating, acting through the Commandant of the 6 members. Each entity participating in the pro- projects to advance economic development, Coast Guard, may transfer $1,000,000 to the Na- gram shall select one member of the panel. but does not include a plan that allocates fish- tional Telecommunications and Information Ad- ‘‘(iii) FUNCTIONS.—The panel shall— ery resources to the program.’’. ministration of the Department of Commerce for ‘‘(I) administer those aspects of the program (b) NO INTERRUPTION OF EXISTING ALLOCA- the purposes of awarding, not later than 120 not otherwise addressed in this paragraph, ei- TIONS.—The amendment made by subsection (a) days after such date of enactment, a competitive ther through private contractual arrangement shall not be construed or implemented in a way grant to design and develop a prototype device or through recommendations to the North Pa- that causes any interruption in the allocations that integrates a Class B Automatic Identifica- cific Council, the Secretary, or the State of Alas- of fishery resources to the western Alaska com- tion System transponder (International Electro- ka, as the case may be; and munity development quota program or in the op- technical Commission standard 62287) with a

VerDate Aug 31 2005 04:50 Apr 07, 2006 Jkt 049060 PO 00000 Frm 00084 Fmt 4634 Sfmt 6333 E:\CR\FM\A06AP7.057 H06APPT1 jcorcoran on PROD1PC62 with HOUSE April 6, 2006 CONGRESSIONAL RECORD — HOUSE H1649 wireless maritime data device approved by the the Secretary under paragraph (1) shall be con- Hinchinbrook Light Station comprising approxi- Federal Communications Commission with sidered as meeting the requirements of section mately 57.4 acres. channel throughput greater than 19.2 kilobits 8304 of title 46, United States Code, but only (c) MAPS.—The Commandant of the Coast per second to enable such wireless maritime data while a person holding the license or certificate Guard, in consultation with the Secretary of device to provide wireless maritime data serv- is in the service of a vessel to which this section Agriculture, shall prepare and maintain maps of ices, concurrent with the operation of the trans- applies. the lands transferred by subsection (a), and ponder, on frequency channels adjacent to the (c) LIMITATION.—Subsection (a) applies only such maps shall be on file and available for pub- frequency channels on which the transponder to vessels operating in and out of American lic inspection in the Coast Guard District 17 of- operates, while minimizing or eliminating the Samoa. fice in Juneau, Alaska. harmful interference between the transponder (d) EXPIRATION.—This section expires 48 (d) EFFECT OF TRANSFER.—The lands trans- and such wireless maritime data device. The de- months after the date of enactment of this Act. ferred to the Secretary of the department in sign of the device developed under this sub- (e) REPORTS.—On March 1, 2007, and annu- which the Coast Guard is operating by sub- section shall be available for public use. ally thereafter until the date of expiration of section (a)— (b) IMPLEMENTATION OF AIS.—It is the sense this section, the Coast Guard and the National (1) shall be administered by the Commandant of the Senate, not later than 60 days after the Marine Fisheries Service shall submit a report to of the Coast Guard; date of enactment of this Act, that the Federal the Committee on Commerce, Science, and (2) shall be considered to be transferred from, Communications Commission should resolve the Transportation of the Senate and the Commit- and no longer part of, the National Forest Sys- disposition of its rulemaking on the Automatic tees on Transportation and Infrastructure and tem; and Information System and licensee use of fre- Resources of the House of Representatives, pro- (3) shall be considered not suitable for return quency bands 157.1875–157.4375 MHz and viding the following information on the United to the public domain for disposition under the 161.7875–162.0375 MHz (RM–10821, WT Docket States purse seine fleet referred to in subsection general public land laws. Number 04–344). The implementation of this sec- (a): (e) TRANSFER OF LAND.— tion shall not delay the implementation of an (1) The number and identity of vessels in the (1) REQUIREMENT.—Subject to paragraph (2), Automatic Identification System as required by fleet using foreign citizens to meet manning re- the Administrator of General Services, upon re- section 70114 of title 46, United States Code, and quirements pursuant to this section and any quest by the Secretary of Agriculture, shall international convention. marine casualties involving such vessel. transfer without consideration to the Secretary (2) The number of vessels in the fishery under of Agriculture any land identified in subsection SEC. 420. VOYAGE DATA RECORDER STUDY AND (b), together with the improvements thereon, for REPORT. United States flag as of January 1 of the year administration under the laws pertaining to the (a) STUDY.—The Secretary of the department in which the report is submitted, the percentage National Forest System if— in which the Coast Guard is operating shall ownership or control of such vessels by non- United States citizens, and the nationality of (A) the Secretary of the Interior cannot iden- study— tify and select an eligible entity for such land (1) the carriage of a voyage data recorder by such ownership or control. (3) Description of any transfers or sales of and improvements in accordance with section a passenger vessel described in section 308(b)(2) of the National Historic Preservation 2101(22)(D) of title 46, United States Code, car- United States flag vessels in the previous cal- endar year, and the disposition of such vessel, Act (16 U.S.C. 470w–7(b)(2)) not later than 3 rying more than 399 passengers; and years after the date the Secretary of the depart- (2) standards for voyage data recorders, meth- including whether the vessel was scrapped or ment in which the Coast Guard is operating de- ods for approval of models of voyage data re- sold, and, if sold, the nationality of the new termines that the land is excess property, as corders, and procedures for annual performance owner and location of any fishery to which the that term is defined in section 102(3) of title 40, testing of voyage data recorders. vessel will be transferred. United States Code; or (b) CONSULTATION.—In conducting the study, (4) Landings of tuna by vessels under flag in the 2 previous calendar years, including an as- (B) the land reverts to the United States pur- the Secretary shall consult, at a minimum, with suant to section 308(c)(3) of the National His- manufacturers of voyage data recorders and op- sessment of landing trends, and a description of landing percentages and totals— toric Preservation Act (16 U.S.C. 470w–7(c)(3)). erators of potentially affected passenger vessels. (2) RESERVATIONS FOR AIDS TO NAVIGATION.— (c) REPORT.—Not later than one year after the (A) delivered to American Samoa and any other port in a State or territory of the United Any action taken under this subsection by the date of enactment of this Act, the Secretary Administrator of General Services shall be sub- shall submit to the Committee on Commerce, States; and (B) delivered to ports outside of a State or ter- ject to any rights that may be reserved by the Science, and Transportation of the Senate and Commandant of the Coast Guard for the oper- the Committee on Transportation and Infra- ritory of the United States, including the iden- tity of the port. ation and maintenance of Federal aids to navi- structure of the House of Representatives a re- gation. port on the study’s findings, including a pro- (5) An evaluation of capacity and trends in the purse seine fleet fishing in the area covered (f) NOTIFICATION; DISPOSAL OF LANDS BY THE posal for legislation if such a proposal is consid- ADMINISTRATOR.—The Administrator of General ered appropriate by the Secretary. by the South Pacific Regional Fisheries Treaty, and any transfer of capacity from such fleet or Services shall promptly notify the Secretary of SEC. 421. DISTANT WATER TUNA FLEET. area to other fisheries, including those governed Agriculture upon the occurrence of any of the (a) MANNING REQUIREMENTS.—Notwith- under the Western and Central Pacific Fisheries events described in subparagraphs (A) and (B) standing section 8103(a) of title 46, United States Convention and the Inter-American Tropical of subsection (e)(1). If the Secretary of Agri- Code, United States purse seine fishing vessels Tuna Convention. culture does not request a transfer as provided fishing exclusively for highly migratory species for in subsection (e) not later than 90 days after in the treaty area under a fishing license issued TITLE V—LIGHTHOUSES the date of receiving such notification from the pursuant to the 1987 Treaty on Fisheries Be- SEC. 501. TRANSFER. Administrator, the Administrator may dispose of tween the Governments of Certain Pacific Is- (a) JURISDICTIONAL TRANSFERS.—Administra- the property in accordance with section 309 of lands States and the Government of the United tive jurisdiction over the National Forest System the National Historic Preservation Act (16 States of America, or transiting to or from the lands in the State of Alaska described in sub- U.S.C. 470w–8) or other applicable surplus real treaty area exclusively for such purpose, may section (b) and improvements situated on such property disposal authority. engage foreign citizens to meet the manning re- lands is transferred without consideration from (g) PRIORITY.—In selecting an eligible entity quirement (except for the master) in the 48- the Secretary of Agriculture to the Secretary of to which to convey under section 308(b) of the month period beginning on the date of enact- the department in which the Coast Guard is op- National Historic Preservation Act (16 U.S.C. ment of this Act if, after timely notice of a va- erating. 470w–7(b)) land referred to in subsection (b), the cancy to meet the manning requirement, no (b) AREAS REFERRED TO.—The areas of lands Secretary of the Interior shall give priority to an United States citizen personnel are readily referred to in subsection (a) are the following: eligible entity (as defined in section 308(e) of available to fill such vacancy. (1) GUARD ISLAND LIGHT STATION.—The area that Act) that is the local government of the (b) LICENSING RESTRICTIONS.— described in the Guard Island Lighthouse re- community in which the land is located. (1) IN GENERAL.—Subsection (a)(1) only ap- serve dated January 4, 1901, comprising approxi- SEC. 502. MISTY FIORDS NATIONAL MONUMENT plies to a foreign citizen that holds a valid li- mately 8.0 acres of National Forest uplands. AND WILDERNESS. cense or certificate issued— (2) ELDRED ROCK LIGHT STATION.—The area (a) REQUIREMENT TO TRANSFER.—Notwith- (A) in accordance with the standards estab- described in the December 30, 1975, listing of the standing section 308(b) of the National Historic lished by the 1995 amendments to the Conven- Eldred Rock Light Station on the National Reg- Preservation Act (16 U.S.C. 470w–7(b)), if the tion on Standards of Training, Certification and ister of Historic Places, comprising approxi- Secretary of the department in which the Coast Watchkeeping for Seafarers, 1978 (STCW 95); mately 2.4 acres. Guard is operating determines that the Tree and (3) MARY ISLAND LIGHT STATION.—The area Point Light Station is no longer needed for the (B) by an authority that the Secretary of the described as the remaining National Forest Sys- purposes of the Coast Guard, the Secretary shall department in which the Coast Guard is oper- tem uplands in the Mary Island Lighthouse Re- transfer without consideration to the Secretary ating recognizes as imposing competency and serve dated January 4, 1901, as amended by of Agriculture all administrative jurisdiction training standards equivalent to or exceeding Public Land Order 6964, dated April 5, 1993, over the Tree Point Light Station. those required for a United States license issued comprising approximately 1.07 acres. (b) EFFECTUATION OF TRANSFER.—The trans- under chapter 71 of title 46, United States Code. (4) CAPE HINCHINBROOK LIGHT STATION.—The fer pursuant to this section shall be effectuated (2) TREATMENT OF EQUIVALENT LICENSE.—An area described in the survey dated November 1, by a letter from the Secretary of the department equivalent license or certificate as recognized by 1957, prepared for the Coast Guard for the Cape in which the Coast Guard is operating to the

VerDate Aug 31 2005 04:50 Apr 07, 2006 Jkt 049060 PO 00000 Frm 00085 Fmt 4634 Sfmt 6333 E:\CR\FM\A06AP7.060 H06APPT1 jcorcoran on PROD1PC62 with HOUSE H1650 CONGRESSIONAL RECORD — HOUSE April 6, 2006 Secretary of Agriculture and, except as provided scribed in the map entitled ‘‘Cape St. Elias (A) through the Director of the United States in subsection (g), without any further require- Light Station’’, dated September 14, 2004. The Fish and Wildlife Service; and ments for administrative or environmental anal- Secretary of the department in which the Coast (B) in accordance with the National Wildlife yses or examination. The transfer shall not be Guard is operating shall keep such map on file Refuge System Administration Act of 1966 (16 considered a conveyance to an eligible entity and available for public inspection. U.S.C. 668dd et seq.) and such other laws as pursuant to section 308(b) of the National His- (b) POINT WILSON LIGHTHOUSE.—Section apply to Federal real property under the sole ju- toric Preservation Act (16 U.S.C. 470w–7(b)). 325(c)(3) of the Coast Guard Authorization Act risdiction of the United States Fish and Wildlife (c) RESERVATION FOR AIDS TO NAVIGATION.— of 1993 (107 Stat. 2432) is amended— Service. As part of the transfer pursuant to this section, (1) by striking ‘‘and’’ at the end of subpara- (f) MAINTENANCE OF NAVIGATION FUNC- the Commandant of the Coast Guard may re- graph (B); TIONS.—The transfer by subsection (c), and the serve rights to operate and maintain Federal (2) by redesignating subparagraph (C) as sub- administration of the public land described in aids to navigation at the site of the light sta- paragraph (D); and subsection (b), shall be subject to such condi- tion. (3) by inserting after subparagraph (B) the tions and restrictions as the Secretary of the de- (d) EASEMENTS AND SPECIAL USE AUTHORIZA- following: partment in which the Coast Guard is operating TIONS.—Notwithstanding any other provision of ‘‘(C) all housing units and related structures considers necessary to ensure that— law, including the Wilderness Act (16 U.S.C. associated with the lighthouse; and’’. (1) the Federal aids to navigation located at 1131 et seq.) and section 703 of the Alaska Na- SEC. 504. INCLUSION OF LIGHTHOUSE IN ST. St. Marks National Wildlife Refuge continue to tional Interests Lands Conservation Act (16 MARKS NATIONAL WILDLIFE REF- be operated and maintained by the Coast Guard U.S.C. 1132 note; 94 Stat. 2418), with respect to UGE, FLORIDA. for as long as they are needed for navigational the light station transferred pursuant to this (a) REVOCATION OF EXECUTIVE ORDER DATED purposes; section, the Secretary of Agriculture— NOVEMBER 12, 1838.—Any reservation of public (2) the Coast Guard may remove, replace, or (1) may identify an entity to be granted an land described in subsection (b) for lighthouse install any Federal aid to navigation at the St. easement or other special use authorization and, purposes by the Executive Order dated Novem- Marks National Wildlife Refuge as may be nec- in identifying the entity, may consult with the ber 12, 1838, as amended by Public Land Order essary for navigational purposes; Secretary of the Interior concerning the applica- 5655, dated January 9, 1979, is revoked. (3) the United States Fish and Wildlife Service tion of policies for eligible entities developed (b) DESCRIPTION OF LAND.—The public land will not interfere or allow interference in any pursuant to subsection 308(b)(1) of the National referred to in subsection (a) consists of approxi- manner with any Federal aid to navigation, and Historic Preservation Act (16 U.S.C. 470w– mately 8.0 acres within the external boundaries will not hinder activities required for the oper- 7(b)(1)); and of St. Marks National Wildlife Refuge in ation and maintenance of any Federal aid to (2) may grant an easement or other special use Wakulla County, Florida, that is east of the navigation, without express written approval by authorization to the entity, for no consider- Tallahassee Meridian, Florida, in Township 5 the Secretary of the department in which the ation, to approximately 31 acres as described in South, Range 1 East, Section 1 (fractional) and Coast Guard is operating; and the map entitled ‘‘Tree Point Light Station’’, containing all that remaining portion of the (4) the Coast Guard may enter, at any time, dated September 24, 2004, on terms and condi- unsurveyed fractional section, more particularly the St. Marks National Wildlife Refuge, without tions that provide for— described as follows: A parcel of land, including notice, for purposes of operating, maintaining, (A) maintenance and preservation of the submerged areas, beginning at a point which and inspecting any Federal aid to navigation structures and improvements; marks the center of the light structure, thence and ensuring compliance with this subsection, (B) the protection of wilderness and national due North (magnetic) a distance of 350 feet to to the extent that it is not possible to provide monument resources; the point of beginning a strip of land 500 feet in advance notice. width, the axial centerline of which runs from (C) public safety; and TITLE VI—DELAWARE RIVER PROTECTION the point of beginning due South (magnetic) a (D) such other terms and conditions consid- AND MISCELLANEOUS OIL PROVISIONS distance of 700 feet, more or less, to the shoreline ered appropriate by the Secretary of Agri- SEC. 601. SHORT TITLE. culture. of Apalachee Bay, comprising 8.0 acres, more or less, as shown on the plat dated January 2, This title may be cited as the ‘‘Delaware River (e) ACTIONS FOLLOWING TERMINATION OR REV- 1902, by Office of L. H. Engineers, 7th and 8th Protection Act of 2006’’. OCATION.—The Secretary of Agriculture may take such actions as are authorized under sec- District, Mobile, Alabama. SEC. 602. REQUIREMENT TO NOTIFY COAST (c) TRANSFER OF ADMINISTRATIVE JURISDIC- GUARD OF RELEASE OF OBJECTS tion 110(b) of the National Historic Preservation TION.— INTO THE NAVIGABLE WATERS OF Act (16 U.S.C. 470h–2(b)) with respect to Tree (1) IN GENERAL.—Subject to subsection (f) and THE UNITED STATES. Point Light Station if— paragraph (2), administrative jurisdiction over The Ports and Waterways Safety Act (33 (1) no entity is identified under subsection (d) the public land described in subsection (b), and U.S.C. 1221 et seq.) is amended by adding at the within 3 years after the date on which adminis- over all improvements located thereon, is trans- end the following: trative jurisdiction is transferred to the Sec- ferred without reimbursement from the depart- ‘‘SEC. 15. REQUIREMENT TO NOTIFY COAST retary of Agriculture pursuant to this section; or ment in which the Coast Guard is operating to GUARD OF RELEASE OF OBJECTS (2) any easement or other special use author- the Secretary of the Interior. INTO THE NAVIGABLE WATERS OF ization granted under subsection (d) is termi- THE UNITED STATES. (2) RESPONSE AND RESTORATION.—The transfer nated or revoked. under paragraph (1) may not be made to the ‘‘(a) REQUIREMENT.—As soon as a person has (f) REVOCATION OF WITHDRAWALS AND RES- Secretary of the Interior until the Coast Guard knowledge of any release from a vessel or facil- ERVATIONS.—Effective on the date of transfer of has completed any response and restoration ac- ity into the navigable waters of the United administrative jurisdiction pursuant to this sec- tion necessary under subsection (d)(1). States of any object that creates an obstruction tion, the following public land withdrawals or (d) RESPONSIBILITY FOR ENVIRONMENTAL RE- prohibited under section 10 of the Act of March reservations for light station and lighthouse SPONSE ACTIONS.—The Coast Guard shall have 3, 1899, popularly known as the Rivers and Har- purposes on lands in Alaska are revoked as to sole responsibility in the Federal Government to bors Appropriations Act of 1899 (33 U.S.C. 403), the lands transferred: fund and conduct any response or restoration such person shall notify the Secretary and the (1) The unnumbered Executive Order dated action required under any applicable Federal or Secretary of the Army of such release. January 4, 1901, as it affects the Tree Point State law or implementing regulation to ad- ‘‘(b) RESTRICTION ON USE OF NOTIFICATION.— Light Station site only. dress— Any notification provided by an individual in (2) Executive Order No. 4410 dated April 1, (1) a release or threatened release on or origi- accordance with subsection (a) may not be used 1926, as it affects the Tree Point Light Station nating from public land described in subsection against such individual in any criminal case, site only. (b) of any hazardous substance, pollutant, con- except a prosecution for perjury or for giving a (g) REMEDIATION RESPONSIBILITIES NOT AF- taminant, petroleum, or petroleum product or false statement.’’. FECTED.—Nothing in this section shall affect derivative that is located on such land on the SEC. 603. LIMITS ON LIABILITY. any responsibilities of the Commandant of the date of enactment of this Act; or (a) ADJUSTMENT OF LIABILITY LIMITS.— Coast Guard for the remediation of hazardous (2) any other release or threatened release on (1) TANK VESSELS.—Section 1004(a)(1) of the substances and petroleum contamination at the or originating from public land described in sub- Oil Pollution Act of 1990 (33 U.S.C. 2704(a)(1)) is Tree Point Light Station consistent with exist- section (b) of any hazardous substance, pollut- amended by striking subparagraphs (A) and (B) ing law and regulations. The Commandant and ant, contaminant, petroleum, or petroleum prod- and inserting the following: the Secretary shall execute an agreement to pro- uct or derivative, that results from any Coast ‘‘(A) with respect to a single-hull vessel, in- vide for the remediation of the land and struc- Guard activity occurring after the date of enact- cluding a single-hull vessel fitted with double tures at the Tree Point Light Station. ment of this Act. sides only or a double bottom only, $3,000 per SEC. 503. MISCELLANEOUS LIGHT STATIONS. (e) INCLUSION IN REFUGE.— gross ton; (a) CAPE ST. ELIAS LIGHT STATION.—For pur- (1) INCLUSION.—The public land described in ‘‘(B) with respect to a vessel other than a ves- poses of section 416(a)(2) of the Coast Guard Au- subsection (b) shall be part of St. Marks Na- sel referred to in subparagraph (A), $1,900 per thorization Act of 1998 (112 Stat. 3435), the Cape tional Wildlife Refuge. gross ton; or St. Elias Light Station shall comprise approxi- (2) ADMINISTRATION.—Subject to this sub- ‘‘(C)(i) with respect to a vessel greater than mately 10 acres in fee, along with additional ac- section, the Secretary of the Interior shall ad- 3,000 gross tons that is— cess easements issued without consideration by minister the public land described in subsection ‘‘(I) a vessel described in subparagraph (A), the Secretary of Agriculture, as generally de- (b)— $22,000,000; or

VerDate Aug 31 2005 05:34 Apr 07, 2006 Jkt 049060 PO 00000 Frm 00086 Fmt 4634 Sfmt 6333 E:\CR\FM\A06AP7.063 H06APPT1 jcorcoran on PROD1PC62 with HOUSE April 6, 2006 CONGRESSIONAL RECORD — HOUSE H1651 ‘‘(II) a vessel described in subparagraph (B), (2) by adding at the end the following: (ii) one member shall be an employee or rep- $16,000,000; or ‘‘SEC. 7002. SUBMERGED OIL PROGRAM. resentative of the South Jersey Port Corpora- ‘‘(ii) with respect to a vessel of 3,000 gross tons ‘‘(a) PROGRAM.— tion; and or less that is— ‘‘(1) ESTABLISHMENT.—The Under Secretary of (iii) one member shall be an employee or rep- ‘‘(I) a vessel described in subparagraph (A), Commerce for Oceans and Atmosphere, in con- resentative of the Philadelphia Regional Port $6,000,000; or junction with the Commandant of the Coast Authority. ‘‘(II) a vessel described in subparagraph (B), Guard, shall establish a program to detect, mon- (B) Two members who represent organizations $4,000,000;’’. itor, and evaluate the environmental effects of that operate tugs or barges that utilize the port (2) OTHER VESSELS.—Section 1004(a)(2) of such submerged oil in the Delaware River and Bay facilities on the Delaware River and Delaware Act (33 U.S.C. 2794(a)(2)) is amended— region. The program shall include the following Bay. (A) by striking ‘‘$600 per gross ton’’ and in- elements: (C) Two members who represent shipping com- serting ‘‘$950 per gross ton’’; and ‘‘(A) The development of methods to remove, panies that transport cargo by vessel from ports (B) by striking ‘‘$500,000’’ and inserting disperse, or otherwise diminish the persistence on the Delaware River and Delaware Bay, of ‘‘$800,000,’’. of submerged oil. whom at least one may not be a representative (3) LIMITATION ON APPLICATION.—In the case ‘‘(B) The development of improved models and of a shipping company that transports oil or pe- of an incident occurring before the 90th day fol- capacities for predicting the environmental fate, troleum products. lowing the date of enactment of this Act, section transport, and effects of submerged oil. (D) Two members who represent operators of 1004(a)(1) of the Oil Pollution Act of 1990 (33 ‘‘(C) The development of techniques to detect oil refineries adjacent to the Delaware River U.S.C. 2704(a)(1)) shall apply as in effect imme- and monitor submerged oil. and Delaware Bay. (E) Two members who represent State-licensed diately before the effective date of this sub- ‘‘(2) REPORT.—Not later than 3 years after the section. date of enactment of the Delaware River Protec- pilots who work on the Delaware River and (b) ADJUSTMENT TO REFLECT CONSUMER PRICE tion Act of 2006, the Secretary of Commerce Delaware Bay. (F) One member who represents labor organi- INDEX.—Section 1004(d)(4) of the Oil Pollution shall submit to the Committee on Commerce, zations whose members load and unload cargo Act of 1990 (33 U.S.C. 2704(d)(4)) is amended to Science, and Transportation of the Senate and at ports on the Delaware River and Delaware read as follows: the Committee on Transportation and Infra- ‘‘(4) ADJUSTMENT TO REFLECT CONSUMER PRICE Bay. structure of the House of Representatives a re- (G) One member who represents local commer- INDEX.—The President, by regulations issued port on the activities carried out under this sub- cial fishing interests or an aquaculture organi- not later than 3 years after the date of enact- section and activities proposed to be carried out ment of the Delaware River Protection Act of zation the members of which organization de- under this subsection. pend on fisheries and resources in the waters of 2006 and not less than every 3 years thereafter, ‘‘(b) DEMONSTRATION PROJECT.— Delaware River or Delaware Bay. shall adjust the limits on liability specified in ‘‘(1) REMOVAL OF SUBMERGED OIL.—The Com- (H) Three members who represent environ- subsection (a) to reflect significant increases in mandant of the Coast Guard, in conjunction mental organizations active with respect to the the Consumer Price Index.’’. with the Under Secretary of Commerce for Delaware River and Delaware Bay, including a (c) REPORT.— Oceans and Atmosphere, shall conduct a dem- watershed advocacy group and a wildlife con- (1) INITIAL REPORT.—Not later than 45 days onstration project for the purpose of developing servation advocacy group. after the date of enactment of this Act, the Sec- and demonstrating technologies and manage- (I) One member who represents an organiza- retary of the department in which the Coast ment practices to remove submerged oil from the tion affiliated with recreational fishing interests Guard is operating shall submit a report on li- Delaware River and other navigable waters. in the vicinity of Delaware River and Delaware ability limits described in paragraph (2) to the ‘‘(2) FUNDING.—There is authorized to be ap- Bay. Committee on Commerce, Science, and Transpor- propriated to the Commandant of the Coast (J) Two members who are scientists or re- tation of the Senate and the Committee on Guard $2,000,000 for each of fiscal years 2006 searchers associated with an academic institu- Transportation and Infrastructure of the House through 2010 to carry out this subsection.’’. tion and who have professional credentials in of Representatives. (b) CLERICAL AMENDMENT.—The table of sec- fields of research relevant to oil spill safety, oil (2) CONTENTS.—The report shall include, at a tions in section 2 of such Act is amended by in- spill response, or wildlife and ecological recov- minimum, the following: serting after the item relating to section 7001 the ery. (A) An analysis of the extent to which oil dis- following: (K) Two members who are municipal or coun- charges from vessels and nonvessel sources have ‘‘Sec. 7002. Submerged oil program.’’. ty officials from Delaware. or are likely to result in removal costs and dam- SEC. 606. ASSESSMENT OF OIL SPILL COSTS. (L) Two members who are municipal or county ages (as defined in section 1001 of the Oil Pollu- (a) ASSESSMENT.—The Comptroller General officials from New Jersey. (M) Two members who are municipal or coun- tion Act of 1990 (33 U.S.C. 2701)) for which no shall conduct an assessment of the cost of re- defense to liability exists under section 1003 of ty officials from Pennsylvania. sponse activities and claims related to oil spills (N) One member who represents an oil spill re- such Act and that exceed the liability limits es- from vessels that have occurred since January 1, tablished in section 1004 of such Act, as amend- sponse organization located on the lower Dela- 1990, for which the total costs and claims paid ware River and Delaware Bay. ed by this section. was at least $1,000,000 per spill. (B) An analysis of the impacts that claims (O) One member who represents the general (b) REPORT.—Not later than 18 months after public. against the Oil Spill Liability Trust Fund for the date of enactment of this Act, the Comp- amounts exceeding such liability limits will have (2) EX OFFICIO MEMBERS.—The Committee troller General shall submit to the Committee on may also consist of an appropriate number (as on the Fund. Commerce, Science, and Transportation of the (C) Based on analyses under this paragraph determined by the Commandant of the Coast Senate and the Committee on Transportation and taking into account other factors impacting Guard) of nonvoting members who represent and Infrastructure of the House of Representa- the Fund, recommendations on whether the li- Federal agencies and agencies of the States of tives a report on the assessment conducted ability limits need to be adjusted in order to pre- New Jersey, Pennsylvania, and Delaware with under subsection (a). The report shall summa- vent the principal of the Fund from declining to an interest in oil spill prevention in the Dela- rize the following: levels that are likely to be insufficient to cover ware River and Delaware Bay. (1) The costs and claims described in sub- (c) RESPONSIBILITIES.— expected claims. section (a) for each year covered by the report. (1) IN GENERAL.—The Committee shall provide (3) ANNUAL UPDATES.—The Secretary shall (2) The source, if known, of each spill de- advice and recommendations on measures to im- provide an update of the report to the Commit- scribed in subsection (a) for each such year. prove the prevention of and response to future tees referred to in paragraph (1) on an annual SEC. 607. DELAWARE RIVER AND BAY OIL SPILL oil spills in the Delaware River and Delaware basis. ADVISORY COMMITTEE. Bay to the Commandant, the Governors of the SEC. 604. REQUIREMENT TO UPDATE PHILADEL- (a) ESTABLISHMENT.—There is established the States of New Jersey, Pennsylvania, and Dela- PHIA AREA CONTINGENCY PLAN. Delaware River and Bay Oil Spill Advisory ware, the Committee on Commerce, Science, and Not later than one year after the date of en- Committee (in this section referred to as the Transportation of the Senate, and the Com- actment of this Act and not less than annually ‘‘Committee’’). mittee on Transportation and Infrastructure of thereafter, the Philadelphia Area Committee es- (b) MEMBERSHIP.— the House of Representatives. tablished under section 311(j)(4) of the Federal (1) IN GENERAL.—The Committee shall consist (2) REPORT.—Not later than 18 months after Water Pollution Control Act (33 U.S.C. of 27 members who are appointed by the Com- the date that the Commandant completes ap- 1321(j)(4)) shall review and revise the Philadel- mandant of the Coast Guard and who have par- pointment of the members of the Committee, the phia Area Contingency Plan to include avail- ticular expertise, knowledge, and experience re- Committee shall provide a report to the entities able data and biological information on environ- garding the transportation, equipment, and referred to in paragraph (1) with the rec- mentally sensitive areas of the Delaware River techniques that are used to ship cargo and to ommendations of the Committee, including a and Delaware Bay that has been collected by navigate vessels in the Delaware River and ranking of priorities, for measures to improve Federal and State surveys. Delaware Bay, as follows: prevention and response to oil spills described in SEC. 605. SUBMERGED OIL REMOVAL. (A) Three members who are employed by port paragraph (1). (a) AMENDMENTS.—Title VII of the Oil Pollu- authorities that oversee operations on the Dela- (d) MEETINGS.—The Committee— tion Act of 1990 is amended— ware River or have been selected to represent (1) shall hold its first meeting not later than (1) in section 7001(c)(4)(B) (33 U.S.C. these port authorities, of whom— 60 days after the date on which the Com- 2761(c)(4)(B)) by striking ‘‘RIVERA,’’ and in- (i) one member shall be an employee or rep- mandant completes the appointment of members serting ‘‘RIVERA and the T/V ATHOS I,’’; and resentative of the Port of Wilmington; of the Committee; and

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(2) shall meet thereafter at the call of the (c) REIMBURSEMENT AMOUNT.—The amount of (1) the records of the individual are located at Chairman. the reimbursement that an eligible person may the Coast Guard facility in New Orleans that (e) APPOINTMENT OF MEMBERS.—The Com- be paid under this section with respect to a was damaged by Hurricane Katrina; mandant shall appoint the members of the Com- qualified property shall be determined as fol- (2) the individual is a resident of Alabama, mittee after soliciting nominations by notice lows: Mississippi, or Louisiana; or published in the Federal Register. (1) In the case of qualified property that is a (3) the records of an individual were damaged (f) CHAIRMAN AND VICE CHAIRMAN.—The Com- dwelling (including a condominium unit but ex- or lost as a result of Hurricane Katrina. mittee shall elect, by majority vote at its first cluding a manufactured home), the amount (c) MANNER OF EXTENSION.—Any extensions meeting, one of the members of the Committee as shall be— granted under this section may be granted to in- the Chairman and one of the members as the (A) the amount equal to the greater of— dividual seamen or a specifically identified Vice Chairman. The Vice Chairman shall act as (i) 85 percent of the fair market value of the group of seamen. Chairman in the absence of or incapacity of the dwelling on August 28, 2005 (as determined by (d) EXPIRATION OF AUTHORITY.—The authori- Chairman or in the event of vacancy in the of- the Secretary); or ties provided under this section expire on April fice of the Chairman. (ii) the outstanding mortgage, if any, on the 1, 2007. (g) PAY AND EXPENSES.— dwelling on that date; minus (B) the proceeds, if any, of insurance referred SEC. 703. TEMPORARY AUTHORIZATION TO EX- (1) PROHIBITION ON PAY.—Members of the TEND THE DURATION OF VESSEL Committee who are not officers or employees of to in subsection (b)(3)(B). CERTIFICATES OF INSPECTION. (2) In the case of qualified property that is a the United States shall serve without pay. Mem- (a) AUTHORITY TO EXTEND.—Notwithstanding bers of the Committee who are officers or em- manufactured home, the amount shall be— section 3307 and 3711(b) of title 46, United States (A) if the owner also owns the real property ployees of the United States shall receive no ad- Code, the Secretary of the department in which underlying such home, the amount determined ditional pay on account of their service on the the Coast Guard is operating may temporarily Committee. under paragraph (1); or (B) if the owner leases such underlying prop- extend the duration or the validity of a certifi- (2) EXPENSES.—While away from their homes cate of inspection or a certificate of compliance or regular places of business, members of the erty— (i) the amount determined under paragraph issued under chapter 33 or 37, respectively, of Committee may be allowed travel expenses, in- that title for up to 6 months for a vessel in- cluding per diem, in lieu of subsistence, as au- (1); plus (ii) the amount of rent payable under the spected by a Coast Guard Marine Safety Office thorized by section 5703 of title 5, United States lease of such property for the period beginning located in Alabama, Mississippi, or Louisiana. Code. on August 28, 2005, and ending on the date of (b) EXPIRATION OF AUTHORITY.—The author- (h) FUNDING.—There is authorized to be ap- ity provided under this section expires on April propriated $1,000,000 for each of fiscal years the reimbursement under this section. (d) TRANSFER AND DISPOSAL OF PROPERTY.— 1, 2007. 2006 through 2007 to carry out this section. (1) IN GENERAL.—A person receiving reim- SEC. 704. PRESERVATION OF LEAVE LOST DUE TO (i) TERMINATION.—The Committee shall termi- bursement under this section shall transfer to HURRICANE KATRINA OPERATIONS. nate 18 months after the date on which the the Administrator of General Services all right, (a) PRESERVATION OF LEAVE.—Notwith- Commandant completes the appointment of title, and interest of the owner in and to the standing section 701(b) of title 10, United States members of the Committee. qualified property for which the owner receives Code, any member of the Coast Guard who SEC. 608. NONTANK VESSELS. such reimbursement. The Administrator shall served on active duty for a continuous period of Section 311(a)(26) of the Federal Water Pollu- hold, manage, and dispose of such right, title, 30 days, who was assigned to duty or otherwise tion Control Act (33 U.S.C. 1321(A)(26)) is and interest in the same manner that the Sec- detailed in support of units or operations in the amended to read as follows: retary of Defense holds, manages, and disposes Eighth Coast Guard District area of responsi- ‘‘(26) ‘nontank vessel’ means a self-propelled of real property under section 1013 of the Dem- bility for activities to mitigate the consequences vessel that— onstration Cities and Metropolitan Development of, or assist in the recovery from, Hurricane ‘‘(A) is at least 400 gross tons as measured Act of 1966 (42 U.S.C. 3374). Katrina during the period beginning on August under section 14302 of title 46, United States (2) TREATMENT OF PROCEEDS.—Any amounts 28, 2005, and ending on January 1, 2006, and Code, or, for vessels not measured under that received by the United States as proceeds of who would have otherwise lost any accumulated section, as measured under section 14502 of that management or disposal of property by the Ad- leave in excess of 60 days as a consequence of title; ministrator of General Services under this sub- such assignment, is authorized to retain an ac- ‘‘(B) is not a tank vessel; section shall be deposited in the general fund of cumulated total of up to 120 days of leave. ‘‘(C) carries oil of any kind as fuel for main the Treasury as offsetting receipts of the depart- (b) EXCESS LEAVE.—Leave in excess of 60 days propulsion; and ment in which the Coast Guard is operating and ‘‘(D) operates on the navigable waters of the accumulated under subsection (a) shall be lost ascribed to Coast Guard activities. United States, as defined in section 2101(17a) of unless used by the member before the commence- (e) QUALIFIED PROPERTY.—Property is quali- that title.’’. ment of the second fiscal year following the fis- fied property for the purposes of this section if cal year in which the assignment commences, or TITLE VII—HURRICANE RESPONSE as of August 28, 2005, the property was a one- in the case of a Reserve member, the year in SEC. 701. HOMEOWNERS ASSISTANCE FOR COAST or two-family dwelling, manufactured home, or which the period of active service is completed. GUARD PERSONNEL AFFECTED BY condominium unit in the State of Louisiana, SEC. 705. REPORTS ON IMPACT TO COAST GUARD. HURRICANES KATRINA OR RITA. Mississippi, Alabama, or Texas that was owned (a) REPORTS REQUIRED.— (a) IN GENERAL.—Notwithstanding any other and occupied, as a principal residence, by a per- provision of law, the Secretary of the depart- (1) INTERIM REPORT.—Not later than 90 days son who is eligible for reimbursement under this after the date of enactment of this Act, the Sec- ment in which the Coast Guard is operating section. may reimburse a person who is eligible for reim- retary of the department in which the Coast (f) SUBJECT TO APPROPRIATIONS.—The author- Guard is operating shall submit to the Com- bursement under this section, for losses of quali- ity to pay reimbursement under this section is fied property owned by such person that result mittee on Commerce, Science, and Transpor- subject to the availability of appropriations. tation of the Senate and the Committee on from damage caused by Hurricane Katrina or SEC. 702. TEMPORARY AUTHORIZATION TO EX- Hurricane Rita. Transportation and Infrastructure of the House TEND THE DURATION OF LICENSES, of Representatives an interim report on the im- (b) ELIGIBLE PERSONS.—A person is eligible for CERTIFICATES OF REGISTRY, AND reimbursement under this section if the person is MERCHANT MARINERS’ DOCUMENTS. pact of Hurricane Katrina and the response of a civilian employee of the Federal Government (a) LICENSES AND CERTIFICATES OF REG- the Coast Guard to such impact. or member of the uniformed services who— ISTRY.—Notwithstanding section 7106 and 7107 (2) FINAL REPORT.—Not later than 180 days (1) was assigned to, or employed at or in con- of title 46, United States Code, the Secretary of after the date of the submittal of the report nection with, a Coast Guard facility located in the department in which the Coast Guard is op- under paragraph (1), the Secretary shall submit the State of Louisiana, Mississippi, Alabama, or erating may temporarily extend the duration of to the committees referred to in paragraph (1) a Texas on or before August 28, 2005; a license or certificate of registry issued for an final report on the impact of Hurricane Katrina (2) incident to such assignment or employ- individual under chapter 71 of that title for up and the response of the Coast Guard to such im- ment, owned and occupied property that is to one year if— pact. qualified property under subsection (e); and (1) the records of the individual are located at (b) ELEMENTS.—Each report required by sub- (3) as a result of the effects of Hurricane the Coast Guard facility in New Orleans that section (a) shall include the following: Katrina or Hurricane Rita, incurred damage to was damaged by Hurricane Katrina; (1) A discussion and assessment of the impact such qualified property such that— (2) the individual is a resident of Alabama, of Hurricane Katrina on the facilities, aircraft, (A) the qualified property is unsalable (as de- Mississippi, or Louisiana; or vessels, and other assets of the Coast Guard, in- termined by the Secretary); and (3) the records of an individual were damaged cluding an assessment of such impact on pend- (B) the proceeds, if any, of insurance for such or lost as a result of Hurricane Katrina. ing or proposed replacements or upgrades of fa- damage are less than an amount equal to the (b) MERCHANT MARINERS’ DOCUMENTS.—Not- cilities, aircraft, vessels, or other assets of the greater of— withstanding section 7302(g) of title 46, United Coast Guard. (i) the fair market value of the qualified prop- States Code, the Secretary of the department in (2) A discussion and assessment of the impact erty on August 28, 2005 (as determined by the which the Coast Guard is operating may tempo- of Hurricane Katrina on Coast Guard oper- Secretary); or rarily extend the duration of a merchant mari- ations and strategic goals. (ii) the outstanding mortgage, if any, on the ners’ document issued for an individual under (3) A statement of the number of emergency qualified property on that date. chapter 73 of that title for up to one year, if— drills held by the Coast Guard during the 5-year

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period ending on the date of the report with re- oversight and enforcement of security, environ- (d) CORRECTION OF REFERENCE TO PORTS AND spect to natural disasters and with respect to se- mental, and other agreements adopted within WATERWAYS SAFETY ACT.—Effective August 9, curity incidents. the International Maritime Organization by flag 2004, section 302 of the Coast Guard and Mari- (4) A description and assessment of— States on whom such agreements are binding, time Transportation Act of 2004 (118 Stat. 1041) (A) the lines of communication and reporting, including implementation of— is amended by striking ‘‘of 1972’’. during the response to Hurricane Katrina, with- (1) a code outlining flag State responsibilities (e) TECHNICAL CORRECTION OF PENALTY.—Sec- in the Coast Guard and between the Coast and obligations; tion 4311(b) of title 46, United States Code, is Guard and other departments and agencies of (2) an audit regime for evaluating flag State amended by striking ‘‘4307(a)of’’ and inserting the Federal Government and State and local performance; ‘‘4307(a) of’’. governments; and (3) measures to ensure that responsible organi- (f) DETERMINING ADEQUACY OF POTABLE (B) the interoperability of such communica- zations, acting on behalf of flag States, meet es- WATER.—Section 3305(a) of title 46, United tions during the response to Hurricane Katrina. tablished performance standards; and States Code, is amended by moving paragraph (5) A discussion and assessment of the finan- (4) cooperative arrangements to improve en- (2) two ems to the left, so that the material pre- cial impact on Coast Guard operations during forcement on a bilateral, regional, or inter- ceding subparagraph (A) of such paragraph fiscal years 2005 and 2006 of unbudgeted in- national basis. aligns with the left-hand margin of paragraph creases in prices of fuel. SEC. 802. VOLUNTARY MEASURES FOR REDUCING (1) of such section. ENEWAL OF DVISORY ROUP SEC. 706. REPORTS ON IMPACTS ON NAVIGABLE POLLUTION FROM RECREATIONAL (g) R A G .—Effective WATERWAYS. BOATS. August 9, 2004, section 418(a) of the Coast (a) REPORTS REQUIRED.— In consultation with appropriate Federal, Guard and Maritime Transportation Act of 2004 (1) INTERIM REPORT.—Not later than 90 days State, and local government agencies, the Sec- (118 Stat. 1049) is amended by striking ‘‘of Sep- after the date of enactment of this Act, the Sec- retary of the department in which the Coast tember 30, 2005’’ and inserting ‘‘on September 30, retary of the department in which the Coast Guard is operating shall undertake outreach 2005’’. Guard is operating, in consultation with the programs for educating the owners and opera- (h) TECHNICAL CORRECTIONS RELATING TO Secretary of Commerce, shall submit to the Com- tors of boats using two-stroke engines about the REFERENCES TO NATIONAL DRIVER REGISTER.— (1) AMENDMENT INSTRUCTION.—Effective Au- mittee on Commerce, Science, and Transpor- pollution associated with such engines and sup- gust 9, 2004, section 609(1) of the Coast Guard tation of the Senate and the Committee on port voluntary programs that reduce such pollu- and Maritime Transportation Act of 2004 (118 Transportation and Infrastructure of the House tion and encourage the early replacement of Stat. 1058) is amended in the matter preceding of Representatives a report on the impacts of older two-stroke engines. subparagraph (A) by striking ‘‘7302’’ and insert- Hurricane Katrina on navigable waterways and SEC. 803. INTEGRATION OF VESSEL MONITORING ing ‘‘7302(c)’’. the response of the Coast Guard to such im- SYSTEM DATA. (2) OMITTED WORD.—Section 7302(c) of title 46, The Secretary of the department in which the pacts. United States Code, is amended— (2) FINAL REPORT.—Not later than 180 days Coast Guard is operating shall integrate vessel (A) by inserting ‘‘section’’ before after the date of the submittal of the report re- monitoring system data into its maritime oper- ‘‘30305(b)(5)’’; and quired by paragraph (1), the Secretary, in con- ations databases for the purpose of improving (B) by inserting ‘‘section’’ before sultation with the Secretary of Commerce, shall monitoring and enforcement of Federal fisheries ‘‘30304(a)(3)(A)’’. submit to the committees referred to in para- laws and work with the Under Secretary of (3) EXTRANEOUS U.S.C. REFERENCE.—Section graph (1) a report on the impacts of Hurricane Commerce for Oceans and Atmosphere to ensure 7703(3) of title 46, United States Code, is amend- Katrina on navigable waterways with respect to effective use of such data for monitoring and ed by striking ‘‘(23 U.S.C. 401 note)’’. missions within the jurisdiction of the Coast enforcement. (i) VESSEL RESPONSE PLANS FOR NONTANK Guard and the response of the Coast Guard to SEC. 804. FOREIGN FISHING INCURSIONS. VESSELS.— such impacts. (a) IN GENERAL.—Not later than 180 days (1) CORRECTION OF VESSEL REFERENCES.—Sec- (b) ELEMENTS.—Each report required by sub- after the date of enactment of this Act, the Sec- tion 311 of the Federal Water Pollution Control section (a) shall include the following: retary of the department in which the Coast Act (33 U.S.C. 1321) is amended by striking (1) A discussion and assessment of the im- Guard is operating shall provide to the Com- ‘‘non-tank’’ each place it appears and inserting pacts, and associated costs, of Hurricane mittee on Commerce, Science, and Transpor- ‘‘nontank’’. Katrina on— tation of the Senate and the Committee on (2) PUNCTUATION ERROR.—Effective August 9, (A) the navigable waterways of the United Transportation and Infrastructure of the House 2004, section 701(b)(9) of the Coast Guard and States; of Representatives a report on steps that the Maritime Transportation Act of 2004 (118 Stat. (B) facilities located in or on such waterways; Coast Guard will take to significantly improve 1068) is amended by inserting closing quotation (C) aids to navigation to maintain the safety the Coast Guard’s detection and interdiction of marks after ‘‘each tank vessel’’. of such waterways; and illegal incursions into the United States exclu- (j) PUNCTUATION ERROR.—Section 5006(c) of (D) any other equipment located in or on such sive economic zone by foreign fishing vessels. the Oil Pollution Act of 1990 (33 U.S.C. 2736(c)) waterways related to a mission of the Coast (b) SPECIFIC ISSUES TO BE ADDRESSED.—The is amended by inserting a comma after ‘‘October Guard. report shall— 1, 2012’’. (2) An estimate of the costs to the Coast Guard (1) focus on areas in the exclusive economic (k) CORRECTION TO SUBTITLE DESIGNATION.— (1) REDESIGNATION.—Title 46, United States of restoring the resources described in para- zone where the Coast Guard has failed to detect Code, is amended by redesignating subtitle VI as graph (1) and an assessment of the vulnerability or interdict such incursions in the 4-fiscal-year subtitle VII. of such resources to natural disasters in the fu- period beginning with fiscal year 2000, including (2) CLERICAL AMENDMENT.—The table of sub- ture. such areas in the Western/Central Pacific and titles at the beginning of title 46, United States (3) A discussion and assessment of the envi- the Bering Sea; and Code, is amended by striking the item relating to ronmental impacts in areas within the Coast (2) include an evaluation of the potential use subtitle VI and inserting the following: Guard’s jurisdiction of Hurricane Katrina, with of unmanned aircraft and offshore platforms for a particular emphasis on any releases of oil or detecting or interdicting such incursions. ‘‘VII. MISCELLANEOUS ...... 70101’’. hazardous chemicals into the navigable water- (c) BIENNIAL UPDATES.—The Secretary shall (l) CORRECTIONS TO CHAPTER 701 OF TITLE 46, ways of the United States. provide biannual reports updating the Coast UNITED STATES CODE.—Chapter 701 of title 46, (4) A discussion and assessment of the re- Guard’s progress in detecting or interdicting United States Code, is amended as follows: sponse of the Coast Guard to the impacts de- such incursions to the Committee on Commerce, (1) Sections 70118 and 70119, as added by sec- scribed in paragraph (3), including an assess- Science, and Transportation of the Senate and tion 801 of the Coast Guard and Maritime ment of environmental vulnerabilities in natural the Committee on Transportation and Infra- Transportation Act of 2004 (118 Stat. 1078), re- disasters in the future and an estimate of the structure of the House of Representatives. lating to firearms, arrests, and seizure of prop- erty and to enforcement by State and local offi- costs of addressing such vulnerabilities. TITLE IX—TECHNICAL CORRECTIONS (c) NAVIGABLE WATERWAYS OF THE UNITED cers, are redesignated as sections 70117 and SEC. 901. MISCELLANEOUS TECHNICAL CORREC- STATES.—In this section, the term ‘‘navigable 70118, respectively, and moved to appear imme- TIONS. waterways of the United States’’ includes wa- diately after section 70116 of title 46, United (a) REQUIREMENTS FOR COOPERATIVE AGREE- ters of the United States as described in Presi- States Code. MENTS FOR VOLUNTARY SERVICES.—Section dential Proclamation No. 5928 of December 27, (2) Sections 70117 and 70118, as added by sec- 93(a)(19) of title 14, United States Code, is 1988. tion 802 of such Act (118 Stat. 1078), relating to amended by redesignating paragraphs (1) and in rem liability for civil penalties and to certain TITLE VIII—OCEAN COMMISSION (2) as subparagraphs (A) and (B), respectively. costs and withholding of clearance, are redesig- RECOMMENDATIONS (b) CORRECTION OF AMENDMENT TO CHAPTER nated as sections 70120 and 70121, respectively, SEC. 801. IMPLEMENTATION OF INTERNATIONAL ANALYSIS.—Effective August 9, 2004, section and moved to appear immediately after section AGREEMENTS. 212(b) of the Coast Guard and Maritime Trans- 70119 of title 46, United States Code. In consultation with appropriate Federal portation Act of 2004 (118 Stat. 1037) is amended (3) In section 70120(a), as redesignated by agencies, the Secretary of the department in by inserting ‘‘of title 14’’ after ‘‘chapter 17’’. paragraph (2) of this section, by striking ‘‘sec- which the Coast Guard is operating shall work (c) RECOMMENDATIONS TO CONGRESS BY COM- tion 70120’’ and inserting ‘‘section 70119’’. with the responsible officials and agencies of MANDANT OF THE COAST GUARD.—Section 93(a) (4) In section 70121(a), as redesignated by other nations to accelerate efforts at the Inter- of title 14, United States Code, is amended by re- paragraph (2) of this section, by striking ‘‘sec- national Maritime Organization to enhance designating paragraph (y) as paragraph (24). tion 70120’’ and inserting ‘‘section 70119’’.

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(5) In the analysis at the beginning of the each place it appears and inserting ‘‘of Home- (i) INTERNAL REVENUE CODE OF 1986.—Section chapter by striking the items relating to sections land Security’’. 3122 of the Internal Revenue Code of 1986 (26 70117 through the second 70119 and inserting the (b) FINANCIAL MANAGEMENT.—Title 31, United U.S.C. 3122) is amended by striking ‘‘Secretary following: States Code, is amended— of Transportation’’ each place it appears and ‘‘70117. Firearms, arrests, and seizure of prop- (1) in section 3321(c)(3) by striking ‘‘of Trans- inserting ‘‘Secretary of the Department in which erty. portation’’ and inserting ‘‘of Homeland Secu- the Coast Guard is operating’’. ‘‘70118. Enforcement by State and local officers. rity.’’; (j) ANCHORAGE GROUNDS.—Section 7 of the ‘‘70119. Civil penalty. (2) in section 3325(b) by striking ‘‘of Transpor- Rivers and Harbors Appropriations Act of 1915 ‘‘70120. In rem liability for civil penalties and tation’’ and inserting ‘‘of Homeland Security’’; (33 U.S.C. 471) is amended by striking ‘‘of certain costs. (3) in section 3527(b)(1) by striking ‘‘of Trans- Transportation’’ in each place it appears and ‘‘70121. Withholding of clearance.’’. portation’’ each place it appears and inserting inserting ‘‘of Homeland Security’’. (m) AREA MARITIME SECURITY ADVISORY COM- ‘‘of Homeland Security’’; and (k) BRIDGES.—Section 4 of the General Bridge (4) in section 3711(f)(2) by striking ‘‘of Trans- MITTEES; MARGIN ALIGNMENT.—Section 70112(b) Act of 1906 (33 U.S.C. 491) is amended by strik- of title 46, United States Code, is amended by portation’’ and inserting ‘‘of Homeland Secu- ing ‘‘of Transportation’’ and inserting ‘‘of moving paragraph (5) two ems to the left, so rity’’. Homeland Security’’. (c) PUBLIC CONTRACTS.—Section 3732 of the that the left-hand margin of paragraph (5) (l) OIL POLLUTION.—The Oil Pollution Act of Revised Statutes (41 U.S.C. 11) is amended by aligns with the left-hand margin of paragraph 1990 (33 U.S.C. 2701 et seq.) is amended— striking ‘‘of Transportation’’ each place it ap- (4) of such section. (1) in section 5001(c)(1)(B) (33 U.S.C. pears and inserting ‘‘of Homeland Security’’. (n) TECHNICAL CORRECTION REGARDING TANK 2731(c)(1)(B)) by striking ‘‘Commerce, the Inte- (d) PUBLIC PRINTING AND DOCUMENTS.—Sec- VESSEL ENVIRONMENTAL EQUIVALENCY EVALUA- rior, and Transportation,’’ and inserting ‘‘Com- tions 1308 and 1309 of title 44, United States TION INDEX.—Section 4115(e)(3) of the Oil Pollu- merce and the Interior and the Commandant of Code, are amended by striking ‘‘Secretary of the tion Act of 1990 (46 U.S.C. 3703a note) is amend- the Coast Guard,’’; Department of Transportation’’ each place it ed by striking ‘‘hull’’ the second place it ap- (2) in section 5002(m)(4) (33 U.S.C. 2732(m)(4)) appears and inserting ‘‘Secretary of the depart- pears. by striking ‘‘of Transportation.’’ and inserting ment in which the Coast Guard is operating’’. (o) CORRECTIONS TO SECTION 6101 OF TITLE 46, ‘‘of the department in which the Coast Guard is (e) SHIPPING.—Title 46, United State Code, is UNITED STATES CODE.—Section 6101 of title 46, operating.’’; amended— (3) in section 7001(a) (33 U.S.C. 2761(a)) by United States Code, is amended— (1) in section 2109 by striking ‘‘a Coast Guard (1) by redesignating subsection (h) as sub- striking paragraph (3) and all that follows or’’; section (i); and through the end of the subsection and inserting (2) in section 6308— the following: (2) by redesignating the second subsection (g) (A) by redesignating subsections (b) and (c) as as subsection (h). ‘‘(3) MEMBERSHIP.—The Interagency Com- subsections (c) and (d), respectively; and mittee shall include representatives from the (p) DRUG INTERDICTION REPORT.— (B) by striking subsection (a) and inserting (1) IN GENERAL.—Section 103 of the Coast Coast Guard, the Department of Commerce (in- the following: cluding the National Oceanic and Atmospheric Guard Authorization Act of 1996 (14 U.S.C. 89 ‘‘(a) Notwithstanding any other provision of Administration and the National Institute of note; 110 Stat. 3905) is amended to read as fol- law, no part of a report of a marine casualty in- Standards and Technology), the Department of lows: vestigation conducted under section 6301 of this Energy, the Department of the Interior (includ- ‘‘SEC. 103. ANNUAL REPORT ON DRUG INTERDIC- title, including findings of fact, opinions, rec- TION. ing the Minerals Management Service and the ommendations, deliberations, or conclusions, ‘‘Not later than 30 days after the end of each United States Fish and Wildlife Service), the shall be admissible as evidence or subject to dis- fiscal year, the Secretary of the department in Department of Transportation (including the covery in any civil or administrative pro- which the Coast Guard is operating shall submit Maritime Administration and the Pipeline and ceedings, other than an administrative pro- to the Committee on Commerce, Science, and Hazardous Materials Safety Administration), ceeding initiated by the United States. Transportation of the Senate and the Committee ‘‘(b) Any member or employee of the Coast the Department of Defense (including the Army on Transportation and Infrastructure of the Guard investigating a marine casualty pursuant Corps of Engineers and the Navy), the Depart- House of Representatives a report on all expend- to section 6301 of this title shall not be subject ment of Homeland Security (including the itures related to drug interdiction activities of to deposition or other discovery, or otherwise United States Fire Administration in the Fed- the Coast Guard on an annual basis.’’. testify in such proceedings relevant to a marine eral Emergency Management Agency), the Envi- (2) CLERICAL AMENDMENT.—The table of con- casualty investigation, without the permission ronmental Protection Agency, the National Aer- tents in section 2 of such Act is amended by of the Secretary. The Secretary shall not with- onautics and Space Administration, and such striking the item relating to section 103 and in- hold permission for such employee or member to other Federal agencies the President may des- serting the following: testify, either orally or upon written questions, ignate. ‘‘(4) CHAIRMAN.—A representative of the Coast ‘‘Sec. 103. Annual reports on drug interdic- on solely factual matters at a time and place Guard shall serve as Chairman.’’; and tion.’’. and in a manner acceptable to the Secretary if (4) in section 7001(c)(6) (33 U.S.C. 2761(c)(6)) (q) ACTS OF TERRORISM REPORT.—Section 905 the information is not available elsewhere or is by striking ‘‘other such agencies in the Depart- of the Omnibus Diplomatic Security and not obtainable by other means.’’; Antiterrorism Act of 1986 (46 U.S.C. App. 1802; (3) in subsection (c), as redesignated by this ment of Transportation as the Secretary of 100 Stat. 890) is amended by striking ‘‘Not later section, by striking ‘‘subsection (a)’’ and insert- Transportation may designate,’’ and inserting than February 28, 1987, and annually there- ing ‘‘subsections (a) and (b)’’; and ‘‘such agencies as the President may des- after, the Secretary of Transportation shall re- (4) in subsection (d), as redesignated by this ignate,’’. (m) MEDICAL CARE.—Section 1(g)(4)(B) of port’’ and inserting ‘‘The Secretary of the de- section, by striking ‘‘subsections (a) and (b)’’ Public Law 87–693 (42 U.S.C. 2651(g)(4)(B)) is partment in which the Coast Guard is operating and inserting ‘‘subsections (a), (b), and (c)’’. amended by striking ‘‘of Transportation,’’ and shall report annually’’. (f) MORTGAGE INSURANCE.—Section 222 of the inserting ‘‘of Homeland Security,’’. (r) CORRECTIONS TO DINGELL-JOHNSON SPORT National Housing Act of 1934 (12 U.S.C. 1715m) (n) SOCIAL SECURITY ACT.—Section 205(p)(3) FISH RESTORATION ACT.— is amended by striking ‘‘of Transportation’’ of the Social Security Act (42 U.S.C. 405(p)(3)) is (1) SECTION 4.—Section 4(c) of the Dingell- each place it appears and inserting ‘‘of Home- Johnson Sport Fish Restoration Act (16 U.S.C. land Security’’. amended by striking ‘‘of Transportation’’ each 777c(c)) is amended by striking ‘‘, for each of fis- (g) ARCTIC RESEARCH.—Section 107(b)(2) of place it appears and inserting ‘‘of Homeland Se- cal years 2006 through 2009,’’. the Arctic Research and Policy Act of 1984 (15 curity’’. (o) MERCHANT MARINE ACT, 1920.—Section 27 (2) SECTION 14.—Section 14(a)(1) of the Din- U.S.C. 4106(b)(2)) is amended— gell-Johnson Sport Fish Restoration Act (16 (1) by redesignating subparagraphs (I) of the Merchant Marine Act, 1920 (46 U.S.C. U.S.C. 777m(a)(1)) is amended by striking ‘‘For through (K) as subparagraphs (J) through (L), App. 883) is amended in the matter following the each of the fiscal years 2006 through 2009, not respectively; and ninth proviso (pertaining to transportation of a more than’’ and inserting ‘‘Not more than’’. (2) by inserting after subparagraph (H) the foreign-flag incineration vessel) by striking ‘‘Satisfactory inspection shall be certified in SEC. 902. CORRECTION OF REFERENCES TO SEC- following: RETARY OF TRANSPORTATION AND ‘‘(I) the Department of Homeland Security;’’. writing by the Secretary of Transportation’’ and DEPARTMENT OF TRANSPORTATION; (h) CONSERVATION.— inserting ‘‘Satisfactory inspection shall be cer- RELATED MATTERS. (1) SECTION 1029.—Section 1029(e)(2)(B) of the tified, in writing, by the Secretary of Homeland (a) GOVERNMENT ORGANIZATION.—Title 5, Bisti/De-Na-Zin Wilderness Expansion and Fos- Security.’’. United States Code, is amended— sil Protection Act of 1996 (16 U.S.C. And the Senate agree to the same. (1) in section 101 by inserting ‘‘The Depart- 460kkk(e)(2)(B)) is amended by striking ‘‘Sec- From the Committee on Transportation and ment of Homeland Security.’’ after and imme- retary of Transportation, to represent the Infrastructure, for consideration of the diately below ‘‘The Department of Veterans Af- United States Coast Guard.’’ and inserting House bill and the Senate amendment, and fairs.’’; ‘‘Commandant of the Coast Guard’’. modifications committed to conference: (2) in section 2902(b) by inserting ‘‘the Sec- (2) SECTION 312.—Section 312(c) of the Ant- DON YOUNG, retary of Homeland Security,’’ after ‘‘Secretary arctic Marine Living Resources Convention Act FRANK A. LOBIONDO, of the Interior,’’; and of 1984 (16 U.S.C. 2441(c)) is amended by striking HOWARD COBLE, (3) in sections 5520a(k)(3), 5595(h)(5), 6308(b), ‘‘of Transportation’’ and inserting ‘‘of Home- PETER HOEKSTRA, and 9001(10) by striking ‘‘of Transportation’’ land Security’’. PETE SIMMONS,

VerDate Aug 31 2005 05:34 Apr 07, 2006 Jkt 049060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\CR\FM\A06AP7.075 H06APPT1 jcorcoran on PROD1PC62 with HOUSE April 6, 2006 CONGRESSIONAL RECORD — HOUSE H1655

MARIO DIAZ-BALART, tion authorizes a funding level of estimated that the HITRON squadron has CHARLES W. BOUSTANY, Jr., $5,586,400,000 for the Coast Guard’s Operating prevented an estimated 8.5 tons, or $6 billion JAMES L. OBERSTAR, Expenses Account including an amount of in illegal drugs from entering the United BOB FILNER, $39 million to establish a second Helicopter States. GENE TAYLOR, Interdiction Tactical Squadron (HITRON) on The authorization for the Coast Guard’s BRIAN HIGGINS, the west coast. Acquisitions, Construction and Improvement ALLYSON Y. SCHWARTZ, Section 101(2) of the House bill authorizes account includes $1.6 billion for Deepwater From the Committee on Energy and Com- $1,903,821,000 for the Coast Guard’s Acquisi- which includes an amount of $1,316,300,000 for merce, for consideration of sec. 408 of the tions, Construction and Improvements Ac- the acquisition and construction of new ves- Hosue bill, and modifications committed to counting including approximately $1.6 bil- sels, aircraft, facilities, and support systems conference: lion for the Integrated Deepwater Systems and an amount of $284,369,000 for the JOE BARTON, program (Deepwater). Of the funding author- sustainment of the Coast Guard’s legacy ves- PAUL GILLMOR, ized for Deepwater in FY 2006, H.R. 889 au- sels and aircraft. The Conferees remain con- JOHN D. DINGELL, thorizes an amount of $1,316,300,000 for the cerned that these assets are deteriorating at From the Committee on Homeland Security, acquisition and construction of new vessels, a faster pace than originally projected and for consideration of secs. 101, 404, 413, and 424 aircraft, facilities, and support systems and require a dedicated funding stream. The con- of the Hosue bill, and secs. 202, 207, 215, and an amount of $284,369,000 for the sustainment ferees recommend that the Coast Guard ex- 302 of the Senage amendment, and modifica- of the Coast Guard’s legacy vessels and air- amine ways to decrease the costs of main- tions committed to conference: craft. taining and sustaining the Services’ legacy BENNIE G. THOMPSON, Section 101(3) of the House bill authorizes assets, particularly the fleet of 110-foot cut- From the Committee on Resources, for con- an amount of $24,000,000 for the Coast ters, and HH–65 helicopters. The rapid dete- sideration of secs. 426, 427, and title V of the Guard’s program to research and develop rioration of these assets is draining funding House bill, and modifications committed to technologies, measures, and procedures to and resources from the acquisition of re- conference: enhance the Coast Guard’s capabilities to placement assets and lengthening the time RICHARD POMBO, carry out all of the Service’s many missions. before new assets will be employed by Coast WALTER B. JONES, Section 101(5) of the House bill authorizes Guardsmen in our waters and in our skies. Managers on the Part of the House. an amount of $35,900,000 for the Federal share The authorized funding level would also ac- of costs associated with alteration or re- celerate the purchase of new Deepwater as- TED STEVENS, moval of bridges that have been identified by sets, making assets with enhanced capabili- OLYMPIA SNOWE, the Coast Guard as obstructions to naviga- ties available more quickly to carry out the (except section 414), tion. Service’s many important traditional and TRENT LOTT, Section 101 of the House bill also author- homeland security missions. GORDON SMITH, izes $12,000,000 for environmental compliance The authorization for the Acquisitions, DANIEL K. INOUYE, and restoration at Coast Guard facilities and Construction and Improvement account MARIA CANTWELL, $119,000,000 for the Coast Guard Reserve pro- AC&I account includes $101 million for the (except section 414), gram. Lastly, this section authorizes upgrading of the Rescue 21 program. The FRANK R. LAUTENBERG, $1,014,080,000 for retired pay, a mandatory ex- conferees are very concerned that the fund- (except section 414), penditure. ing for this critically important program has Managers on the Part of the Senate. Section 101 of the Senate amendment is significantly decreased over the past year, JOINT EXPLANATORY STATEMENT OF similar to the House provision except that and would like to see funding restored to at THE COMMITTEE OF CONFERENCE the Senate provision authorizes funds for FY least this level for FY 2006. The conferees note that the Coast Guard The managers on the part of the House and 2006 and 2007 and contains different author- and the State of Hawaii have been working the Senate at the conference on the dis- ization levels than those that are included in jointly pursuant to a Memorandum of Under- agreeing votes of the two Houses on the the House bill. Section 101 authorizes $5.594 standing to develop an emergency commu- amendment of the Senate to the bill (H.R. billion for operating expenses for FY 2006 and nications system for state and federal offi- 889), to authorize appropriations for the $6.042 billion for FY 2007. The Senate amend- cials, known as the Rainbow (Anuenue) Coast Guard for fiscal year 2006, to make ment also authorizes $1.424 billion for Acqui- Digitial Microwave Project, on a matched- technical corrections to various laws admin- sition, Construction and Improvements for funding basis. Rescue 21 in Hawaii will uti- istered by the Coast Guard, and for other FY 2006 and $1.538 billion for FY 2007. As a re- lize the infrastructure provided by this purposes, submit the following joint state- flection of its support of the Coast Guard re- project. Now that the State has its money in ment to the House and the Senate in expla- capitalizing its fleet of cutters and aircraft, place, the conferees expect the Coast Guard nation of the effect of the action agreed upon the reported bill would authorize $1.1 billion to move forward with its obligations under by the managers and recommended in the ac- for Deepwater in FY 2006, $134 million above the Memorandum of Understanding to com- companying conference report: the President’s request. Deepwater is author- plete the project. The Senate amendment struck all of the ized at $1.188 billion for FY 2007. The authorization for the Acquisitions, House bill after the enacting clause and in- The Conference substitute authorizes funds Construction and Improvement account also serted a substitute text. for the Coast Guard in FY 2006 as follows: includes $8.7 million to be used for the con- The House recedes from its disagreement Operation and Mainte- struction of an Aquatic Training Facility for to the amendment of the Senate with an nance ...... $5,633,900,000 the Aviation Survival Technician ‘‘A’’ amendment that is a substitute for the Acquisition, Construction School located at Coast Guard Air Station House bill and the Senate amendment. The and Improvement ...... 1,903,821,000 Elizabeth City, NC, $10 million to complete differences between the House bill, the Sen- Research, Development, the Vessel Traffic System upgrade for Puget ate amendment, and the substitute agreed to Test and Evaluation ...... 24,000,000 Sound, and $3 million to complete the con- in conference are noted below, except for Retired Pay ...... 1,014,080,000 struction of the Sector Operations Building clerical corrections, conforming changes Bridge Alteration ...... 37,400,000 for Group Seattle. made necessary by agreements reached by Environmental Compliance With respect to the authorization of Re- the conferees, and minor drafting and clari- and Restoration ...... 12,000,000 search, Development, Test and Evaluation fying changes. Coast Guard Reserve funding, the conferees strongly believe that As of April 6, 2006 (4:00) Training ...... 119,000,000 this funding should remain under the Coast Section 1. Short title Guard’s direct control and should not be TOTAL ...... $8,744,201,000 Section 1 of the House bill states that the transferred to any other entity within the Act may be referred to as the ‘‘Coast Guard Of the amount authorized for OE, the con- Department of Homeland Security, as the and Maritime Transportation Act of 2005.’’ ferees direct the Coast Guard to dedicate $39 President has again proposed. The Coast Section 1 of the Senate amendment states million for the creation of an additional Guard’s unique character as a military serv- the Act may be cited as the ‘‘Coast Guard Coast Guard Helicopter Interdiction Tactical ice with a wide scope of regulatory functions Authorization Act of 2005.’’ Squadron (HITRON). requires that this funding be available to The Conference substitute states that the Currently, the only Coast Guard HITRON support missions including defense readi- Act may be referred to as the ‘‘Coast Guard squadron is based in Jacksonville, Florida. ness, search and rescue, marine environ- and Maritime Transportation Act of 2006’’. The Coast Guard’s HITRON squadron carries mental protection, providing aids to naviga- out illegal drug interdiction missions in con- TITLE I—AUTHORIZATION tion and protecting America’s maritime cert with Coast Guard vessels in the Carib- homeland security. Section 101. Authorization of appropriations bean Sea and in the Eastern Pacific Ocean. With respect to the funding for bridge al- Section 101 of the House bill authorizes HITRON helicopters enhance the capabilities terations, the conferees recommend that $20 funds for the Coast Guard in FY 2006. It au- of Coast Guard cutters and associated small million of the total amount be utilized to thorizes approximately $8.7 billion in funding boats to pursue and apprehend ‘go-fast’ ves- make changes to the Galveston Causeway for the necessary expenses of the Coast sels that attempt to smuggle illicit drugs Railroad Bridge in Galveston, Texas to im- Guard in FY 2006. Paragraph (1) of that sec- into the United States. The Coast Guard has prove navigation safety and $2.5 million be

VerDate Aug 31 2005 05:34 Apr 07, 2006 Jkt 049060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\CR\FM\A06AP7.078 H06APPT1 jcorcoran on PROD1PC62 with HOUSE H1656 CONGRESSIONAL RECORD — HOUSE April 6, 2006 utilized to continue work on the Chelsea cept that it authorizes these personnel levels The Conference substitute adopts the Bridge in Boston, Massachusetts. for FYs 2006 and 2007. House provision. The conferees recommend that the Coast The Conference substitute adopts the Section 203. Officer promotion Guard re-evaluate the categorization of both House provision. Section 203 of the House bill authorizes the the Leeville Bridge and the Kerner Ferry Section 103. Authorization of funding related to Secretary of the department in which the Bridge in Louisiana. The Leeville Bridge pro- Katrina Coast Guard is operating to waive time in vides the only access to Port Fouchon and grade requirements for junior and midgrade Grand Isle, and has been struck 11 times in Section 103 of the House bill authorizes officers to ensure that all officers are consid- the past year while the Kerner Ferry Bridge $60,000,000 (above the amount authorized for ered for promotion earlier than is currently has experienced several vertical clearance the Coast Guard in Section 101) in FY 2005 possible under title 14, United States Code. problems. These bridges are currently cat- for the Coast Guard’s emergency hurricane This section would grant officers of the egorized as non-hazards to navigation, there- expenses, emergency repairs, deployment of Coast Guard the same below grade pro- fore making them ineligible for funds under personnel, to support costs of evacuation, motion opportunity that is currently author- the Truman-Hobbs Act. and other costs resulting from the imme- The conferees are aware of the efforts of diate relief efforts related to Hurricane ized for officers of the other military serv- the Institute of Marine and Coastal Sciences Katrina. ices. This change would allow the Coast at Rutgers University to develop a High Fre- Section 702 of the Senate amendment simi- Guard to have more flexibility in promoting quency Radar network for U.S. coastal wa- larly authorizes funding above the amount the best qualified officers. ters. This technology was used in local authorized in Section 101 in FY 2005. The Section 406 of the Senate amendment is search and rescue demonstration projects Section specifically authorizes $200,000,000 substantively similar to the House bill. funded by the Coast Guard Research and De- for the operation and maintenance of the The Conference substitute adopts the velopment Center in 2004. The conferees urge Coast Guard in responding to Hurricane House provision. the Coast Guard to work with Rutgers to es- Katrina, including for search and rescue ef- Section 204. Coast Guard Band Director tablish a regional pilot project in the Mid- forts, clearing channels, emergency response Section 204 of the House bill authorizes the Atlantic. The goal of the project should be to to oil and chemical spills, and increased Secretary to appoint the United States Coast make CODAR an operational search and res- costs due to higher than expected fuel costs. Guard Band Director at a rank commensu- cue tool. Also, $300,000,000 is authorized for the acqui- rate with the person’s experience and train- The conferees are aware that the Coast sition, construction, renovation, and im- ing, rather than requiring the Director to be Guard Cutter ACACIA is scheduled to be de- provements of aids to navigation, shore and appointed as junior officer. The proposal commissioned in 2006. The conferees urge the offshore facilities, and vessels and aircraft would also allow the Secretary to appoint a Coast Guard to replace the ACACIA with a related to damage caused by Hurricane person who is not a member of the Coast vessel that has icebreaking capabilities in Katrina. Guard as the Band Director rather than order to maintain commercial shipping in The Conference substitute adopts the Sen- being limited to only members of the Coast the Great Lakes and particularly northern ate provision with an amendment that in- Guard. Lake Michigan. The need to ensure the avail- cludes a supplemental authorization of Section 402 of the Senate amendment is ability of a ship that can assist in $300,000,000 for the Coast Guard’s Operating identical to the House bill, except for minor icebreaking is particularly important be- Expenses account and $200,000,000 for the Ac- technical changes. cause the Canadian government has decom- quisitions, Construction and Improvements The Conference substitute adopts the missioned one of its buoy tenders, which will account for non-reimbursed expenditures as- House provision. increase the demands on U.S. icebreakers. sociated with the Coast Guard’s response to Hurricane Katrina and stipulates that Sec. 205 Authority for one-step turnkey design- Therefore, the Coast Guard should ensure build contracting that an icebreaking tug shall continue to be amounts appropriated under this authoriza- home ported on northern Lake Michigan and tion are to remain available until expended. Section 205 of the House bill authorizes the shall provide the necessary funding for oper- Section 104. Web-based data management Secretary to award consolidated design-build ations and maintenance of such vessel. contracts using a one-step turnkey selection The House bill does not contain a similar procedure similar to the authority provided The conferees recommend that the United provision. States Coast Guard Captains of the Port be to the Department of Defense. One-step turn- Section 104 of the Senate amendment pro- key contracting authority would all the se- made aware that vessels that use certain vides an authorization of $1,000,000 for the valves manufactured by TankTech have been lection of a contractor on the basis of price Coast Guard to continue their development and other evaluation criteria through a sin- banned in Denmark and Italy because of of a web-based risk management system that safety concerns with those valves. That ban gle proposal for both the design and con- links occupational health and safety data- struction of a facility. has been upheld by the European Union Com- bases to reduce accidents and fatalities. mission based on tests at EU-approved lab- Section 405 of the Senate amendment is The Conference substitute adopts the Sen- identical to the House bill, except for minor oratories. The American Bureau of Shipping ate provision. is also recommending that these valves be technical changes. removed from all vessels that they class. Ad- TITLE II—COAST GUARD The Conference substitute adopts the ditionally, the conferees recommend that Section 201. Extension of Coast Guard vessel an- House provision. the United States Coast Guard work more chorage and movement authority Section 206. Reserve recall authority closely with its European Union maritime Section 201 of the House bill amends sec- Section 206 of the House bill authorizes the counterparts with regards to testing and test tion 91 of title 14, United States Code, (relat- Secretary to order Coast Guard Reservists to evaluation of those valves to ensure uni- ing to the Coast Guard’s authority to estab- active duty, for not more than sixty days in formity of test results. lish security areas to ensure the safety and any four-month period and not more than Section 102. Authorized levels of military security of naval vessels) to redefine the one hundred twenty days in any two-year pe- strength and training term ‘navigable waters of the United States’ riod, to augment Coast Guard active duty Section 102 of the House bill authorizes a to include territorial waters out to 12 nau- forces. Coast Guard end-of-year strength of 45,500 tical miles from shore. This amendment up- Section 403 of the Senate Amendment is active duty military personnel for FY 2006. dates existing law to reflect the expansion of substantively similar to the House provision; This level maintains the personnel level that U.S. territorial waters from 3 nautical miles however it also expands the ability to use re- was authorized at the end of FY 2005. The to 12 nautical miles from shore that was calls for a threat of a terrorist attack. The section also authorizes average military made by Presidential Proclamation Number provision also requires that, for purposes of training student loads for FY 2006 at the 5928 on December 27, 1988. calculating the duration of active duty, a pe- same level as was authorized in FY 2005. At Section 201 of the Senate amendment is riod of active duty shall begin on the first the end of FY 2005, 39,717 active duty per- substantively similar to the House bill. day that a member reports to active duty, sonnel were serving in the Coast Guard. The The Conference substitute adopts the including for training. section also authorizes average military House provision. The Conference substitute adopts the Sen- training student loads for FY 2006 as follows: Section 202. International training and tech- ate provision with a technical amendment. nical assistance Section 207. Reserve Officer distribution Section 202 of the House bill authorizes the Section 207 of the House bill amends Sec- Commandant of the Coast Guard to conduct tion 724 of title 14, United States Code, to Student Training years international training and to provide tech- link Coast Guard Reserve officer authoriza- nical assistance to international navies, tion levels to active duty officer authoriza- Recruit/Special ...... 2,500 coast guards and maritime authorities dur- tion levels for junior and mid-grade officers Flight ...... 125 Professional ...... 350 ing regular Coast Guard operations without in order to properly distribute the numbers Officer Acquisition ...... 1,200 requiring a specific request from a third of Reserve officers in those grades. The pro- party U.S. Government agency. posal would also make clear that Reserve of- Section 102 of the Senate amendment is Section 207 of the Senate amendment is ficers in an active status are counted only substantively similar to the House bill, ex- substantively similar to the House bill. against the Reserve component strength.

VerDate Aug 31 2005 05:34 Apr 07, 2006 Jkt 049060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\CR\FM\A06AP7.080 H06APPT1 jcorcoran on PROD1PC62 with HOUSE April 6, 2006 CONGRESSIONAL RECORD — HOUSE H1657 Section 401 of the Senate amendment is divert funds to operate Coast Guard ice- Section 408 of the Senate amendment identical to the House provision, except for a breakers from the Coast Guard’s budget to would ensure that the individual who is as- minor technical change. that of another Federal agency. Such a signed as the Director of the Coast Guard’s The Conference substitute adopts the transfer of funds from the Coast Guard’s con- Office of Boating Safety office will be a uni- House provision. trol could force the service to operate and formed officer in the rank of Captain. Section 208. Expansion of use of auxiliary maintain these vessels in the future without The Conference substitute adopts the Sen- equipment to support any reliable source of funding. The conferees ate provision. strongly agree with the recommendations of COAST GUARD MISSIONS Section 216. Hangar at Coast Guard Air Station the National Academy of Sciences’ interim Barbers Point Section 208 of the House bill authorizes the report that the United States retains The House bill does not contain a com- Coast Guard to cover personal motorized ve- icebreaking capabilities to assert significant hicles of members of the Coast Guard Auxil- parable provision. geo-political, security, economic, and sci- Section 409 of the Senate amendment iary, in limited circumstances, under Coast entific interests in the Arctic and Antarctic. Guard claims procedures when an Auxiliary would require the Coast Guard to submit a member is towing, under official Coast Section 211. Operation as a service in the Navy report that includes a proposal and cost Guard orders and in support of Coast Guard Section 211 of the House bill removes the analysis for constructing an enclosed hangar missions, trailers that carry government automatic trigger in current law whereby at Coast Guard Air Station Barbers Point. owned boats and other equipment. Currently, the Coast Guard will operate as a service in The current station is not enclosed and is an Auxiliary member is only eligible for li- the United States Navy upon the declaration not 10 large enough to house a single C–130. ability coverage under Coast Guard claims of war. It retains the provision in current Due to the resulting exposure, aircraft are procedures when the member uses his own law whereby the Coast Guard will operate as experiencing corrosion. vehicle to tow his own boat or Auxiliary a service in the Navy when the President di- The Conference substitute adopts the Sen- equipment that has been designated for rects. ate provision. Coast Guard use. The Senate amendment does not contain a Section 217. Promotion of Coast Guard Officers Section 404 of the Senate amendment is comparable provision. The House bill does not contain a com- The Conference substitute adopts language substantively similar to the House provision. parable provision. The Conference substitute adopts the that clarifies that the Coast Guard shall op- Section 410 of the Senate amendment House provision with a clarifying amend- erate as a service in the Navy only upon modifies the requirement for advice and con- ment. positive action by Congress or the President. sent of the Senate for officer appointments Section 209. Coast Guard History Fellowships Section 212. Limitation on transfer to St. Eliza- to the rank of Lieutenant (O–3) and below in beths Hospital Section 209 of the House bill authorizes the both peacetime and wartime. Secretary to develop regulations to award Section 215 of the House bill provides that The Conference substitute adopts the Sen- Coast Guard History Fellowships to graduate the Coast Guard may not move any of its ate provision. students who agree to prepare their doctoral personnel, property, or other assets to the Section 218. Redesignation of Coast Guard Law dissertations on issues related to the history West Campus of St. Elizabeths Hospital until Specialists as Judge Advocates the Administrator of General Services sub- of the Coast Guard. The House bill does not contain a com- mits to the Committee on Transportation The Senate amendment did not contain a parable provision. similar provision. and Infrastructure of the House of Rep- Section 407 of the Senate amendment The Conference substitute adopts the resentatives and the Committee on Com- would redesignate Coast Guard ‘‘law special- House provision with an amendment that merce, Science, and Transportation and the ists’’ as ‘‘judge advocates.’’ The Coast Guard limits the total amount of any fellowship to Committee on Environment and Public is currently the only military service that $25,000 per year and the number of fellow- Works of the Senate plans to provide road does not use the title ‘‘judge advocate’’ for ships awarded in each year to no more than access to the site from Interstate 295 and for its military attorneys. two. the design of facilities for at least one fed- The Conference substitute adopts the Sen- eral agency other than the Coast Guard that Section 210. Icebreakers ate provision. would house no less than 2,000 employees at Sec. 210 of the House bill requires the Sec- such location. TITLE III—SHIPPING AND NAVIGATION retary to submit, not later than 90 days after The Senate amendment does not contain a Section 301. Treatment of ferries as passenger the date of the enactment of the Act, to the comparable provision. vessels Committee on Transportation and Infra- The Conference substitute adopts the Section 301 of the House bill amends the structure of the House of Representatives House provision with an amendment that definition of ‘‘passenger vessel’’ and ‘‘small and the Committee on Commerce, Science, adds several items to the scope of the plans passenger vessel’’ to include ferries that and Transportation of the Senate a plan for that are required to be submitted to Con- carry passengers with or without charge. operation and maintenance of Coast Guard gress. The Senate amendment does not contain a icebreakers in the waters of Antarctica after Section 213. Cooperative arrangements comparable provision. FY 2006 that does not rely on the transfer of The House bill does not contain a com- The Conference substitute adopts the funds to the Coast Guard by any other Fed- parable provision. House provision. eral agency. The plan must be implemented Section 204 of the Senate amendment Section 302. Great Lakes pilotage annual rate- after FY 2006, subject to the availability of would require the Coast Guard to submit a making appropriations. report on opportunities for and the feasi- Sec. 210 of the Senate amendment requires Section 302 of the House bill requires the bility of co-locating Coast Guard assets and Coast Guard to review and adjust pilotage the Coast Guard to take all necessary meas- personnel at facilities of other Armed Serv- ures to maintain, at a minimum, its current rates as necessary by March 1 of each year, ices branches as well as entering into cooper- which is in advance of the opening of the vessel capacity for carrying out icebreaking ative agreements for carrying out Coast in the Arctic and Antarctic regions and for Great Lakes shipping season. Annual adjust- Guard missions. ments lend stability to the shipping system the long-term recapitalization of such ves- The Conference substitute adopts the Sen- sels. It authorizes $100,000,000 for the Depart- by avoiding the much larger increases that ate provision with a technical modification. have occurred recently when multiple years ment in which the Coast Guard is operating The conferees direct the Coast Guard to ex- to carry out this section. lapse between adjustments. amine Naval Station Everett and Naval Sta- The Senate amendment does not contain a The Conference substitute adopts a provi- tion Pascagoula for such potential arrange- sion that requires the Coast Guard to submit comparable provision. ments. The Conference substitute includes a provi- to Congress not later than 90 days after en- Section 214. Biodiesel feasibility report sion that requires the Secretary of the de- actment a plan to operate and maintain the partment in which the Coast Guard is oper- POLAR STAR, POLAR SEA, and HEALY The House bill does not contain a com- ating to adjust Great Lakes pilotage rates fleet after FY 2006 and for the long-term re- parable provision. annually based on an annual review of base capitalization of the Coast Guard’s polar Section 209 of the Senate amendment pilotage rates that are required to be estab- icebreaking fleet. The provision further di- would require the Coast Guard to submit a lished not less than every 5 years following a rects the Coast Guard to take all measures report on the feasibility of using bio-diesel full rulemaking process. It is not, however, necessary to maintain current operational fuel in both new and existing vehicles and the intent of the conferees that the adjust- capabilities to carry out icebreaking oper- vessels. ment of annual rates be subject to a full ations in the Arctic, the Antarctic, the The Conference substitute adopts the Sen- rulemaking process. Great Lakes and the Northeast. Lastly, the ate provision. The conferees expect the Coast provision includes an authorization of Guard to identify and consider analyses on Section 303. Certification of vessel nationality in $100,000,000 for FY 2006 to carry out these ob- the use of biodiesel fuel conducted by other drug smuggling cases ligations with respect to the Coast Guard’s agencies as part of its study. Section 303 of the House bill amends the polar icebreakers. Section 215. Boating Safety Director Maritime Drug Law Enforcement Act to The conferees are extremely concerned by The House bill does not contain a com- strike the requirement that the United the Administration’s continued proposals to parable provision. States receive a denial of a vessel’s claim of

VerDate Aug 31 2005 06:46 Apr 07, 2006 Jkt 049060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\CR\FM\A06AP7.082 H06APPT1 jcorcoran on PROD1PC62 with HOUSE H1658 CONGRESSIONAL RECORD — HOUSE April 6, 2006 registry from a foreign country before as- first day on which the violation was cited. Section 310. Setting, relocating, and recovery of serting jurisdiction over a vessel. The re- Currently, the only alternative means of en- anchors vised language requires only that the United forcement is for the Secretary to order ces- Section 415 of the House bill prohibits the States receive a response from a foreign gov- sation of vessel or facility operation until use of a vessel that has not been documented ernment regarding the claim of registry. the owner or operator corrects the out- under U.S. law with a registry endorsement Therefore, this amendment would allow the standing violation. This provision will ex- to set or move anchors or other mooring U.S. to prove that a flag State, which the de- pand the enforcement options available to equipment of a mobile offshore drilling unit fendant alleged has jurisdiction, does not the Secretary under MTSA, consistent with located above or on the outer Continental have such jurisdiction if the flag State, in re- other statutes that provide for a separate Shelf. sponse to a U.S. inquiry, responds that it can violation for each day a violation remains Section 217 of the Senate amendment con- neither confirm nor deny a suspect vessel’s outstanding. tains a similar provision that additionally nationality. Section 307. Training of cadets at United States prohibits the movement of merchandise or Section 210 of the Senate amendment con- Merchant Marine Academy personnel to or from a point in the United tains a substantively similar provision with Section 406 of the House bill authorizes ca- States from or to a mobile offshore drilling a technical change that clarifies that the re- dets at the Merchant Marine Academy to unit located over the outer Continental Shelf sponse of a foreign nation may be made by train aboard foreign-flagged liquefied nat- that is not attached to the seabed or at- radio, telephone, or similar oral or elec- ural gas (LNG) vessels if the Secretary deter- tached to the seabed but not actively explor- tronic means and is conclusively proved by mines that such training is in the interest of ing for oil and gas resources. certification of the Secretary of State or the the United States. The Conference substitute adopts a provi- Secretary’s designee. The Senate amendment does not include a sion that prohibits the use of a vessel that The Conference substitute adopts the Sen- comparable provision. does not hold a registry endorsement to set ate provision with a technical amendment. The Conference substitute adopts the or move anchors or other mooring equipment Section 304. LNG tankers House provision. of a mobile offshore drilling unit located Section 304 of the House bill requires the Currently, cadets at the Academy are pro- over the outer Continental Shelf or to trans- Secretary of Transportation to develop a hibited from training aboard foreign-flagged port merchandise or personnel to or from a program to promote the transportation of vessels; however there are no U.S.-flagged point in the United States from or to a mo- liquefied natural gas (LNG) by the maritime LNG vessels in operation. Future national bile offshore drilling unit located over the transportation sector. The provision also energy strategies will likely place increased outer Continental Shelf that is not attached amends the Deepwater Port Act to direct the emphasis on the transport of LNG to U.S. to the seabed. The purpose of subsection Secretary to prioritize the processing of li- ports resulting in a high demand for mer- (c)(1 )(A) is to require that only an American censes for LNG facilities that would be sup- chant mariners with previous training and registered vessel can engage in any activity plied by U.S.-flagged LNG vessels. experience aboard LNG vessels. This author- performed in connection with the mooring or The Senate amendment does not include a ity will allow Merchant Marine Academy ca- unmooring of a mobile offshore drilling unit comparable provision. dets to gain that training in the interim be- located over the U.S. outer Continental The Conference substitute adopts the fore U.S.-flagged LNG vessels come into op- Shelf. House provision with an amendment that eration. Section 311. International tonnage measurement amends the Deepwater Port Act to require Section 308. Reports from mortgagees of vessels of vessels engaged in the Aleutian Trade an applicant for a deepwater port license to Section 411 of the House bill authorizes the Section 416 of the House bill would amend include, as part of the application, informa- Secretary to require reports from mortga- Chapter 33 of title 46, United States Code, to tion regarding the vessels that are reason- gees in addition to those required of owners, apply the current exemption from Coast ably expected to service the port upon con- masters and charterers. Section 12120 of Guard inspection for certain fish tender ves- struction. The provision also requires the Title 46, United States Code, authorizes the sels that are 500 gross tons or less, as meas- Coast Guard to provide the same information Secretary of the Department in which the ured under the regulatory tonnage system, to the Federal Energy Regulatory Commis- Coast Guard is operating to require owners, and engaged in the Aleutian trade to such sion as part of the Coast Guard’s contribu- masters and charterers of vessels engaged in vessels that are 2,500 gross tons or less, as tion to the Environmental Impact State- the coastwise trade and the fisheries to sub- measured under the International Tonnage ment for landside liquefied natural gas and mit reports to ensure compliance with vessel Convention. liquefied petroleum facilities. documentation laws. These reports may be The Senate amendment does not include a Section 305. Use of maritime safety and security in any reasonable form prescribed by the comparable provision. teams Secretary. The Conference substitute adopts the The House bill does not include a com- Section 206 of the Senate amendment is House provision. parable provision. identical. Under current law, fish tender vessels that Section 704 of the Senate amendment pro- The Conference substitute adopts the are not more than 500 gross tons, as meas- vides that the Secretary may use maritime House provision. ured under regulatory tonnage, or an alter- safety and security teams to implement any Section 309. Determination of the Secretary nate tonnage to be prescribed by the Sec- mission of the Coast Guard. retary and engaged in the Aleutian trade are Section 413 of the House bill would prevent The Conference substitute adopts the Sen- exempt from Coast Guard inspection require- the Secretary from considering any felony ate provision with a technical amendment. ments. However, the Coast Guard has never conviction that occurred more than 7 years completed the rulemaking process to estab- Section 306. Enhanced civil penalties for viola- prior to the date of the Secretary’s deter- lish an equivalent alternate tonnage under tions of the Maritime Transportation Secu- mination when evaluating whether an indi- the international measurement system. As a rity Act vidual poses a terrorism risk for the United result, the Aleutian trade fleet has experi- The House bill does not include a com- States for the purpose of obtaining a trans- enced confusion and complications as vessel parable provision. portation security card. This provision also owners seek to proceed with fleet moderniza- Section 704 of the Senate amendment specifies that an appeal of a denial of an ap- tion plans that call for the replacement of would amend section 70119 of title 46, United plication for a transportation security card current vessels with new vessels that have States Code, to permit the Secretary to as- must include an opportunity for a hearing been measured under the International Ton- sess substantial separate and continuing before an administrative law judge. nage Convention. This provision will allevi- civil penalties to compel owners and opera- The Senate amendment does not include a ate the delay in implementing regulations tors of vessels and facilities to comply with comparable provision. establishing alternate tonnages as part of MTSA. The total fines per violation would The Conference substitute adopts a provi- the transition from traditional regulatory not exceed $50,000 during FY2006, $75,000 dur- sion that requires the Secretary of the de- tonnage to the international measures sys- ing FY2007, and $100,000 after FY2007. partment in which the Coast Guard is oper- tem. The Conference substitute adopts a provi- ating to establish a review process before ad- The conferees recommend that the Coast sion that makes each day during which a ministration law judges to consider an ap- Guard and the Secretary take swift action to violation of Chapter 701 of title 46, United peal of a denial of an application for a trans- complete the regulatory process to adopt al- States Code, a separate violation and caps a portation security card. ternate tonnage systems for all vessel class- civil penalty for a violation at no more than Nothing in this section provides authority es in the U.S. fleet. $50,000. Additionally the conferees agree that for the Secretary or the Administrative Law the Secretary shall have the prerogative to Judge to make a separate determination as Section 312. Riding gangs take into account the nature, circumstances, to whether an individual may be denied ad- Section 425 of the House bill would author- and extent of the violation in assessing the mission to the United States or removed ize foreign citizens who are not considered penalty. from the United States under the Immigra- seamen and who do not carry out This section will add a dimension of en- tion and Nationality Act. Those determina- watchstanding functions aboard a vessel to forcement flexibility for the Secretary to as- tions are to be governed by the Immigration carry out certain repair work on U.S.-flag sess a civil penalty for each day an owner/op- and Nationality Act and not section 70105 of vessels while underway. The provision also erator remains non-compliant beyond the title 46, United States Code. requires that any such foreign personnel

VerDate Aug 31 2005 06:36 Apr 07, 2006 Jkt 049060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\CR\FM\A06AP7.085 H06APPT1 jcorcoran on PROD1PC62 with HOUSE April 6, 2006 CONGRESSIONAL RECORD — HOUSE H1659 must possess a valid transportation security culpability, history or prior offenses, ability ronmental protection in addition to home- card that is required for maritime workers to pay, and such other matters as justice land security responsibilities. under section 70105 of title 46, United States may require. The Senate amendment does not include a Code. TITLE IV—MISCELLANEOUS comparable provision. The Senate amendment does not include a The Conference substitute adopts a provi- comparable provision. Section 401. Authorization of Junior Reserve Of- sion that is similar to the House-passed pro- The Conference substitute adopts a provi- ficers Training Program Pilot Program vision. sion that would authorize the use of foreign Section 402 of the House bill authorizes the Section 407. Conveyance of the Decommissioned citizens who are not considered seamen and Secretary to carry out a pilot program to es- Coast Guard Cutter MACKINAW who do not carry out watchstanding func- tablish a Coast Guard junior reserve officers Section 408 of the House bill directs the tions aboard a vessel to carry out certain re- training program in Camden County, North Commandant of the Coast Guard to convey pair work on U.S.-flag vessels while under- Carolina. the USCGC MACKINAW to the City and way when U.S. citizens or residents are un- The Senate amendment does not include a County of Cheboygan, Michigan upon the available to complete the work and for not comparable provision. vessel’s scheduled decommissioning. The sec- more than 60 days in each calendar year. The Conference substitute adopts the tion requires that the cutter be used as a The conferees intend to allow for the em- House provision with an amendment to clar- museum and be made available to the Fed- ployment of certain individuals on freight ify that active duty officers and members of eral Government if needed in time of war or vessels on international voyages for ex- the Coast Guard, including reservists on ac- national emergency. tended periods qualifying as ‘‘riding gang tive duty, may not be stationed as adminis- Section 408 of the Senate amendment con- members’’ without placing these vessels at a trators or instructors as part of the pilot tains a similar provision but requires the competitive disadvantage against similar program. Commandant to deliver the vessel to the foreign flag vessels. Under this section, Section 402. Transfer City between June 10, 2006 and June 30, 2006. riding gang members may only perform re- The Conference substitute adopts the Sen- pairs consistent with the provisions of the Section 403 of the House bill authorizes the ate provision with a slight modification to section, as deemed necessary by the Master, Secretary to convey the decommissioned the delivery schedule to allow for a change acting on behalf of the vessel operator. This Coast Guard cutter PLANTREE to the CAS in the date of decommissioning and an ad- language in no way prevents or limits a ves- Foundation, Inc., a nonprofit corporation in justment to convey the vessel directly to a sel’s Master from obtaining necessary per- the State of Indiana. non-profit museum. sonnel to perform unforeseen emergency re- The Senate amendment does not include a Section 408. Deepwater reports comparable provision. pairs when such circumstances arise. Under Section 409 of the House bill requires the the section, the Master, acting on behalf of The Conference substitute adopts the Secretary of the department in which the the vessel operator, may utilize riding gang House provision with an amendment that Coast Guard is operating to submit a com- personnel, in addition to the 60 days allowed permits the vessel to be used for humani- plete implementation plan for the Deepwater under this section, under certain situations tarian purposes. program not later than 30 days after the en- when a riding gang member is necessary to Section 403. LORAN-C actment of the Act. The plan was required to perform warranty work. The House bill does not include a com- include a complete timeline for the acquisi- This section requires each riding gang parable provision. tion of each new Deepwater asset and the member to undergo a criminal background Section 214 of the Senate amendment phase-out of legacy assets for the life of the check and requires the vessel owner or oper- would authorize the Department of Trans- program, a projection of the remaining oper- ator to certify that these checks have been portation to transfer $25,000,000 in FY 2006 ational lifespan of each legacy asset, a de- completed. New section 8106(a)(1)(A) of title and in FY 2007 from the Federal Aviation Ad- tailed justification for each modification in 46 U.S. Code requires that such individuals ministration to the Coast Guard for recapi- each Integrated Deepwater Program asset possess a valid United States nonimmigrant talization of the LORAN-C radio navigation that fulfills the revised mission needs state- visa for persons desiring to enter the United system. ment for the program, and a total cost of the States temporarily if they are not a U.S. cit- The Conference substitute adopts the Sen- program that aligns with the revised mission needs statement for the program. izen or alien lawfully admitted for perma- ate provision. nent residence. Sections 212 and 213 of the Senate amend- Section 404. Long-range vessel tracking system The section also provides for chemical ment are substantively similar provisions. testing, as well as compliance with shipboard Section 404 of the House bill directs the Section 212 of the Senate amendment would familiarization training in accordance with Secretary to carry out a pilot program to require the Coast Guard to submit a report the International Convention of Training, demonstrate long-range vessel tracking sys- on the status of their compliance with the Certification, and Watchkeeping for Sea- tems pursuant to 46 U.S.C. 70115. The section GAO’s recommendations in report GAO–04– farers, 1978, as amended. The Coast Guard is also authorizes an amount of $4 million in 380, ‘‘Coast Guard Deepwater Program Needs expressly authorized to order the removal of FY 2006 to carry out the pilot project. Increased Attention to Management and Contractor Oversight.’’ Section 213 would re- an individual found with probable cause to Section 215 of the Senate amendment in- quire the Coast Guard to provide an acquisi- have committed certain criminal offenses or cludes a similar provision with an additional tion time line and associated costs for each otherwise constitutes a threat to the safety requirement that the project be conducted asset that reflects project completion in 10 of U.S. flag freight vessels. with the assistance of an existing non-profit years and 15 years. It also would require the The conferees do not intend to alter collec- maritime organization that has a dem- Coast Guard to contract with an independent tive bargaining agreements that freight ves- onstrated capability of operating satellite entity to analyze the plan and assess wheth- sel owners or operators may have with U.S. communications systems able to transmit er the mix of assets and capabilities selected maritime labor unions or their documented this type of data. In addition, it authorizes as part of that plan will meet the Coast mariners through this section; nor is it in- funding for each of FYs 2006, 2007, and 2008. Guard’s criteria of performance, minimizing tended in any way to derogate from the tra- The Conference substitute adopts the Sen- total ownership costs, and whether addi- ditional maritime jurisdiction of any mari- ate provision with an amendment to make tional or different assets should be consid- time labor unions. Owners and operators will the program subject to the availability of ap- ered as part of the plan. propriations. be required to ensure that an agreement be The Conference substitute adopts a provi- entered into with each riding gang member Section 405. Marine vessel and cold water safety sion that require the Coast Guard to submit that meets or exceeds the minimum inter- education reports that include components from both national standards of all applicable ILO con- The House bill does not include a com- the House- and Senate-passed provisions. ventions to which the United States is a parable provision. The conferees remain concerned that leg- party, and shall, at a minimum, include all Section 216 of the Senate amendment re- acy assets are deteriorating at a much faster of the merchant seamen protection and relief quires the Coast Guard to continue existing rate than was originally expected when the provisions contained in the United States agreements with organizations that provide Deepwater plan was first developed. Coast Code, including but not limited to those that marine vessel safety training and cold water Guard vessels and aircraft are increasingly are set forth in Chapter 103 of Title 46 of the immersion education to fishermen and chil- unavailable to carry out the Service’s mis- United States Code. dren. sions due to unscheduled maintenance and Under this section, violations are punish- The Conference substitute adopts the Sen- repairs. The conferees again support accel- able by a civil penalty of not more than ate provision. eration of the Deepwater program to, in $10,000 a day, and each day of a continuing part, provide new assets to replace aging leg- violation constitutes a separate violation. Section 406. Reports acy assets that are jeopardizing the success The legislation further establishes maximum Section 405 of the House bill requires the of Coast Guard missions, putting at risk the penalties for continuing violations. More- Secretary to review and report to Congress lives of the men and women of the Coast over, in determining the amount of the pen- on the adequacy of Coast Guard air and sur- Guard and siphoning away funding from the alty, the Secretary is authorized to take into face assets at several Coast Guard stations acquisition of new assets. account the nature, circumstances, extent, and sectors to carry out the Service’s tradi- The conferees expect that the reports re- and gravity of the violation committed and, tional missions of search and rescue, drug quired under this section will contain a com- with respect to the violator, the degree of and migrant interdiction, and marine envi- plete delivery schedule for each asset to be

VerDate Aug 31 2005 06:36 Apr 07, 2006 Jkt 049060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\CR\FM\A06AP7.087 H06APPT1 jcorcoran on PROD1PC62 with HOUSE H1660 CONGRESSIONAL RECORD — HOUSE April 6, 2006 acquired, a projection of the remaining oper- Commandant of the Coast Guard to home- fishing and non-target fishing allocation ational lifespan of each legacy asset, a de- port the Coast Guard cutter HEALY in An- needs in fisheries where that is the current tailed justification for each modification to chorage, Alaska. practice and law for the CDQ allocation. It is the original Deepwater plan to meet the The Senate amendment does not contain a not the intent of the conferees to either Service’s revised mission needs statement, comparable provision. change the current allocations to the CDQ and an explanation of the costs that will be The Conference substitute adopts a provi- program or create ‘‘squid box’’ problems required above the estimated costs of the sion that requires the Coast Guard to con- where minor species such a squid inhibit any original Deepwater program resulting from duct a study to assess the current homeport directed fishing under the CDQ program. such modifications. for the Coast Guard polar icebreaker HEALY The Conference substitute provides that Section 409. Helicopters and to assess whether that site or alter- the allocation to the CDQ program of certain Section 410 of the House bill would limit native homeporting arrangements would en- Bering Sea and Aleutian Islands groundfish the number of HH–65 helicopters that the hance the Coast Guard’s capabilities to meet species (including Pacific cod, mackerel, and Coast Guard may acquire to no more than the recommendations of the Interim Report flatfish species) be permanently increased to four and prohibit the Commandant from ac- of the National Academy of Sciences (Polar 10 percent (up from 7.5 percent) and treated quiring such helicopters until 90 days after Icebreaker Roles and U.S. Future Needs: A as directed fishing allocations as soon as any the submission to Congress of a determina- Preliminary Assessment), namely that the quota-type programs are established in any tion that the cost of acquiring used HH–65 United States should maintain dedicated, sector of the applicable fishery or sector al- helicopters and the cost to modifying those year-round icebreaking capability in the locations are adopted in the fishery. helicopters or airframes to meet the same Arctic. The provision further requires the The Conference substitute requires that a design, construction, and equipment stand- Coast Guard to report the findings of the directed fishing allocation of 10 percent be ards that apply to the current fleet of HH–65 study to Congress not later than one year made to the CDQ program in any new fishery helicopters is more cost-effective than an ac- after the enactment of this Act. that is opened in the Bering Sea and Aleu- quisition or leasing of a similar number of Section 414. Opinions regarding whether certain tian Islands. MH–68 helicopters. facilities create obstructions to navigation The Conference substitute codifies existing The Senate amendment does not include a practice with respect to processing and any Section 419 of the House bill requires the comparable provision. other rights related to CDQ allocations. It The Conference substitute adopts a provi- Coast Guard to provide an opinion in writing specifies that the allocations to the CDQ pro- sion that requires the Coast Guard to study that states whether a proposed wind energy gram itself, as well as the allocations to each and report to Congress an analysis of the po- facility would create an obstruction to navi- of the CDQ groups include the harvesting tential impacts, including costs and benefits, gation in any case in which a person requests rights, the rights to process the fish, and any of a requirement that the Coast Guard only the Secretary of the Army to take action to other rights or privileges related to the fish acquires helicopters or major helicopter permit a wind energy facility under the au- that are associated with the allocations as of components built in the United States. The thority of section 10 of the Act of March 3, March 1, 2006. This is not intended to give conferees understand that some foreign heli- 1899 (33 U.S.C. 403). the CDQ program or the CDQ groups proc- copter manufacturers own U.S. manufac- The Senate bill does not contain a com- essing privileges that they do not already turing facilities capable of building heli- parable provision. have. The language is also not intended to copters and some helicopter components, but The Conference substitute adopts a provi- change the inshore/offshore split contained that some components of those helicopters sion that prohibits the construction of an in the American Fisheries Act. are only manufactured outside the United offshore wind energy facility in Nantucket The Conference substitute requires that States. Sound unless approved by the Commandant the harvest of the CDQ allocations be regu- of the Coast Guard. Section 410. Newton Creek, New York City, New lated in a manner no more restrictive or York Section 415. Port Richmond costly than for other participants in the ap- Section 412 of the House bill requires the Section 424 of the House bill would prohibit plicable sector of the fishery. This section Coast Guard to carry out a study and report the Commandant of the Coast Guard from only applies to fisheries with individual to Congress on the pollution of Newtown approving a security plan under section quotas or fishing cooperatives. Creek in the city of New York, New York 70103(c) of title 46, United States Code, for a The Conference substitute allocates to caused by oil seepage. liquefied natural gas import facility at Port each CDQ group the same percentage of each The Senate amendment does not contain a Richmond in Philadelphia, Pennsylvania species that it was authorized to harvest an- comparable provision. until the Secretary conducts a vulnerability nually by the Secretary as of March 1, 2006. The Conference substitute adopts the assessment under section 70102(b) of such It codifies the existing allocations among House provision with a modification to re- title. the groups dating back to 2003 as well as al- quire the Environmental Protection Agency The Senate bill does not contain a com- locations for new crab CDQ allocations to carry out the study rather than the Coast parable provision. which were approved by the National Marine Guard. The Conference substitute adopts the Fisheries Service in 2005. This includes all Section 411. Report on technology House provision. species for which the CDQ groups receive an allocation. Additionally, the provision estab- Section 414 of the House bill requires the Section 416. Eligibility to participate in Western lishes a new system to reallocate up to 10 Commandant of the Coast Guard to submit a Alaska Community Development Quota Pro- percent of a CDQ group’s allocation if the report that includes an assessment of the gram group fails to meet goals and criteria weight- availability and effectiveness of technologies Section 426 of the House bill clarifies that ed by the group itself and based on the needs that evaluate and identify inbound vessels the approval by the Secretary of Commerce of its region. and their cargo for potential threats before of a community development plan for a By eliminating short term changes in fish- they reach United States ports, including Western Alaska Community Development ery allocations, the conferees intend for the technologies already tested or in testing at Group does not constitute a major Federal CDQ groups to be able to more readily ad- joint operating centers, as well as the costs action under Federal law. dress the economic needs of western Alaska. associated with implementing such tech- The Senate bill does not contain a com- The Conference substitute clarifies exist- nology at all United States ports. parable provision. ing law by naming the 65 communities and The Senate amendment does not include a The Conference substitute establishes the six entities eligible to participate in the CDQ comparable provision. Western Alaska Community Development program. The Conference substitute adopts a provi- Quota program and lists the purposes of the The Conference substitute establishes the sion that is substantively similar to the program. It is the intent of Congress that all requirements that each of the six CDQ House-passed provision. activities of the CDQ groups continue to be groups must fulfill to maintain eligibility in Section 412. Assessment and planning considered tax-exempt (as has been the prac- the CDQ program. Each group must be gov- Section 417 of the House bill authorizes an tice since the program’s inception in 1992) so erned by a board of directors, at least 75 per- amount of $400,000 to be appropriated to the that the six CDQ groups can more readily ad- cent of the members of which are resident Coast Guard to carry out an assessment of dress the pressing economic needs of the re- fishermen from the CDQ group’s member vil- and planning for the impact of an Arctic Sea gion. lages, and have at least one director from Route on the indigenous people of Alaska. The Conference substitute requires that each of its member villages. Each CDQ group The Senate amendment does not contain a the CDQ program continue to receive the must select a representative to serve on the comparable provision. same annual percentage allocations of each CDQ panel. The Conference substitute adopts the fishery as it does now under existing Federal The Conference substitute allows each CDQ House provision with an amendment to au- statute and regulation. It also requires that group to make up to 20 percent of its annual thorize the funding to the Maritime Admin- the percentage of a particular fishery allo- investments: (I) on non-fishery projects in istration to carry out the assessment and cated to the CDQ program shall be a directed its member villages; (II) on pooled or joint planning rather than the Coast Guard. fishing allowance if treated as such under ex- investments with other CDQ groups in their Section 413. Homeport isting practice and law (such as in the Bering regions; or (III) for the purpose of matching Section 418 of the House bill requires, sub- Sea and Aleutian Islands pollock fishery), or Federal or State grants for projects or pro- ject to the availability of appropriations, the in the alternative to include both directed grams in its member villages. Any remaining

VerDate Aug 31 2005 06:36 Apr 07, 2006 Jkt 049060 PO 00000 Frm 00096 Fmt 4634 Sfmt 0634 E:\CR\FM\A06AP7.089 H06APPT1 jcorcoran on PROD1PC62 with HOUSE April 6, 2006 CONGRESSIONAL RECORD — HOUSE H1661 investments must be in fishery related The CDQ Panel removes the need for govern- able catch for that fishery is more than 2 projects or for purposes consistent with the mental oversight of the CDQ program and percent higher than the total allowable current practices of the CDQ groups. It also encourages the CDQ groups to work to- catch for that fishery during calendar year requires each CDQ group to submit an an- gether. Decisions by the CDQ Panel require 2005. nual written statement to the Secretary of the unanimous vote of all six Panel mem- The provision further provides that the Commerce and the State of Alaska which bers. The Panel may not act if there is a va- Voluntary Three-Pie Cooperative Program summarizes its investments for the previous cancy. for crab fisheries of the Bering Sea and Aleu- year. The Conference substitute requires a de- tian Islands implementing regulations shall The Conference substitute requires CDQ cennial review of the CDQ program by the thereafter be adjusted so that the total of all groups to comply with any excessive share State of Alaska. The first review will be in crab processing quota shares for each fishery limitations in the BSAI fisheries only to the 2012. The CDQ Panel establishes a system to referred to equals 90 percent of the total al- extent of their proportional ownership in be used by the State of Alaska for purposes lowable catch. any other entities. This provision is intended of the decennial review that allows each CDQ The Senate bill does not contain a com- to address the inherent conflict between ex- group to assign relative values to certain cri- parable provision. cessive share limitations in the fisheries and teria in order to match the relative weights The Conference substitute adopts a provi- the CDQ program goal to expand the eco- of the criteria to the specific needs identified sion that directs the Secretary of Commerce nomic base of the adjacent communities by the CDQ group for its villages. The cri- to modify the Voluntary Three-Pie Coopera- through investment in the fisheries. teria are: (I) changes in the population, pov- tive Program for crab fisheries of the Bering The excessive share limitations imposed by erty level, and economic development in the Sea and Aleutian Islands to provide 0.75 per- the North Pacific Council, Secretary, and CDQ group’s member villages; (II) the overall cent of the processor quota share units for Congress are mainly intended to prevent for- financial performance of the CDQ group, in- the Bristol Bay red king crab fishery and the profit entities and individuals from acquir- cluding its fishery and non-fishery invest- Bering Sea C. Opilio crab fishery to the ves- ing excessive shares of fishing privileges in ments; (III) the employment, scholarships, sel Blue Dutch, LLC in years when the total the fisheries. The excessive share concept and training supported by the CDQ group; allowable catch for that fishery is more than stems from National Standard Four of the (IV) the achievement of the goals of the enti- 2 percent higher than the most recent total Magnuson-Stevens Act. It pre-dates the CDQ ties Community Development Plan. Each allowable catch for that fishery prior to Sep- program and fails to take into account the CDQ group would weight these criteria to re- tember 15, 2005. unique characteristics of the CDQ program. flect the needs of its member villages. Section 418. Maine fish tender vessels The Conference substitute would therefore The Conference substitute requires the The House bill does not contain a com- exempt CDQ groups from the ‘‘attribution’’ State of Alaska to use the criteria as weight- parable provision. requirements of the American Fisheries Act, ed by each CDQ group to determine the per- the crab quota program, and other federal Section 211 of the Senate amendment formance of each CDQ group under the de- would establish a waiver that would allow regulations. Under the ‘‘attribution’’ rules, cennial review. The State of Alaska is re- an entity is attributed with the entirety of vessels not built in the United States to quired to make each performance determina- transport fish and shellfish within the coast- another entity’s harvesting or processing ca- tion on the record and after an opportunity pacity even if the original entity only owns al waters of the State of Maine if that vessel for a hearing. If the State applies the CDQ is ineligible for documentation under chap- as little as 10 percent of the other entity. group’s weightings and determines that a Under the substitute, if a CDQ group owns 25 ter 121 of title 46, United States Code because CDQ group has maintained or improved its it measures less than 5 net tons and has percent of another entity, only 25 percent of overall performance, the allocations to the the other entity’s harvesting or processing transported fish or shellfish within the CDQ group are automatically extended for coastal waters of the State of Maine prior to capacity would be counted against the CDQ the next 10-year period. If, on the other hand, group in determining compliance with any December 31, 2004. the State determines that a CDQ group has The Conference substitute adopts a provi- excessive share limitation. Similarly, if a failed to maintain or improve its perform- CDQ group owns 77 percent of another entity, sion that authorizes foreign-built vessels ance as measured under the weighted cri- that are less than 5 net tons to transport fish only 77 percent of the other entity’s capacity teria, then at least 90 percent of the CDQ would be counted against the CDQ group. or shellfish between places in the State of group’s allocation of each species under is Maine if that vessel transported fish or shell- The provision is intended to allow the CDQ automatically extended, and the State may groups to continue to expand in the BSAI fish between places in Maine prior to Janu- determine an appropriate reduction of up to ary 1, 2005; the owner. of such vessel owns a fisheries off their shores, while not com- 10 percent of each species for all or part of pletely exempting CDQ groups from exces- valid wholesale seafood license to conduct the next 10-year period. If State law prevents such transportation that was issued under sive share limitations. the State from making this determination The Conference substitute requires each the Revised Maine Statutes prior to January then the Secretary may make the appro- 1, 2005; the vessel is owned by a person or CDQ group to comply with State of Alaska priate reduction. Any reductions imposed by law for the purpose of ensuring that the persons that meet U.S. citizenship require- the State of Alaska or the Secretary under ments under section 2 of the Shipping Act, group provides an annual report to its mem- shall be reallocated for the period of the re- ber villages describing its financial oper- 1996; and the owner of the vessel submits duction to the other non-penalized groups in within 180 days of enactment of this Act an ations, including its general and administra- proportion to each non-penalized group’s al- tive costs and compensation levels. This pro- affidavit to the Secretary in which the Coast location of the applicable species. Guard is operating that certifies that the vision ensures that the State of Alaska’s role The Conference substitute eliminates the owner and vessel meet the requirements of is to ensure adequate ‘‘transparency’’ to the requirement that CDQ groups seek either the this section. member villages, particularly with respect review or approval by the Secretary of com- to administrative costs. munity development plans or amendments to Section 419. Automatic identification system The Conference substitute requires CDQ community development plans. The Con- The House bill does not contain a com- groups to additionally comply with State of ference agreement does not require the State parable provision. Alaska banking and securities law to prevent of Alaska to approve community develop- Section 219 of the Senate amendment au- fraud. This requirement removes the State of ment plans and amendments. thorizes the Secretary to transfer $1,000,000 Alaska from the investment planning and de- Nothing in the Conference substitute to the Department of Commerce for the pur- cisions of the CDQ groups, but creates anew, should be construed or implemented in a way poses of awarding a competitive grant to de- narrower role, to assist the member villages that causes any interruption to the CDQ pro- sign, develop, and prototype a device that in- in ensuring against any fraud by the CDQ gram or to the opportunity of CDQ groups to tegrates a Class B Automatic Identification group. The provision also Clause (iii) re- harvest their allocations. System (AIS) transponder with an FCC-ap- quires that the CDQ group and State of Alas- Subsection (b) would amend existing CDQ proved wireless maritime data device. The ka keep confidential from public disclosure loan authority to set the upper limit for the Senate-passed amendment also expresses the any information the disclosure of which total of the CDQ loans provided by the re- Sense of the Senate that the Federal Com- would be harmful to the entity or its invest- cent bill language, and paragraph (2) would munications Commission should quickly re- ments. clarify that CDQ loans under the 1998 CDQ solve the disposition of its rulemaking on The Conference substitute exempts CDQ program may be used for the purchase of ves- the AIS and licensee use of AIS frequency groups from compliance with any State ap- sels, processors, permits, quota, and coopera- bands. proval of financial transactions, community tive rights. The Conference substitute adopts the Sen- development plans, and community develop- ate provision. ment plan amendments, however the provi- Section 417. Quota share allocation sion requires CDQ groups to comply with the Section 427 of the House bill provides that Section 420. Voyage data recorder study and re- decennial review conducted by the State of a portion of the total crab processing quota port Alaska. shares equal to 1.5 percent of the total allow- Section 429 of the House bill would require The Conference substitute establishes a able catch for the Bristol Bay red king crab the Secretary to prescribe regulations to re- community development quota program fishery and the Bering Sea C. Opilio crab quire ferries that carry more than 399 pas- panel. The CDQ Panel will consists consist of fishery be made available to the vessel Blue sengers be equipped with a voyage data re- a member from each of the six CDQ groups. Dutch, LLC in years when the total allow- corder and to establish standards, methods

VerDate Aug 31 2005 06:36 Apr 07, 2006 Jkt 049060 PO 00000 Frm 00097 Fmt 4634 Sfmt 0634 E:\CR\FM\A06AP7.091 H06APPT1 jcorcoran on PROD1PC62 with HOUSE H1662 CONGRESSIONAL RECORD — HOUSE April 6, 2006 for approval of models, and procedures for operate and maintain Federal aids to naviga- release of an object from a vessel or facility annual performance testing. tion at the site. that creates an obstruction to navigation. The Senate amendment does not include a The Senate amendment does not contain a Individuals who fail to ‘‘promptly’’ notify comparable provision. comparable provision. the Coast Guard of a loss of such an object The Conference substitute adopts a provi- The Conference substitute adopts the will be subject to existing civil and criminal sion that requires the Coast Guard to con- House provision. penalties under the Ports and Waterways duct a study that examines the costs and Section 503. Miscellaneous light stations Safety Act. benefits of carriage of a voice data recorder Under Subchapter C of title 33, Code of aboard ferries that carry 400 or more pas- Section 503 of the House bill specifies that, Federal Regulations, owners of sunken or sengers. The Coast Guard is required to sub- for purposes of section 416(a)(2) of Public submerged vessels that could obstruct navi- mit the findings of the study to Congress not Law 105–383, the Cape St. Elias Light Station gation in U.S. waters must mark and report more than 1 year after enactment and to in- shall comprise approximately 10 acres in fee, the existence of the obstruction. However, clude a recommendation for proposed legisla- along with additional access easements there is no current statutory or regulatory tive language if it is deemed appropriate and issued without consideration by the Sec- requirement that an owner of an object, necessary. retary of Agriculture, as generally described other than a vessel, notify the Coast Guard in the map entitled ‘Cape St. Elias Light Section 421. Distant water tuna fleet after the release of such an object into the Station,’ dated September 14, 2004. That law navigable waterways of the United States. The House bill does not contain a com- authorized the Commandant of the Coast This provision will address that discrepancy parable provision. Guard, or the Administrator of the General and will improve the Coast Guard’s capabili- Section 218 of the Senate amendment Services Administration, as appropriate, to ties to maintain safe and efficient naviga- would permit U.S.-flag purse seine fishing convey all right, title, and interest of the tion on U.S. waterways. vessels that operate out of American Samoa United States to Cape St. Elias Light Sta- The Senate amendment does not contain a and that fish exclusively for highly migra- tion to the Cape St. Elias Light Keepers As- comparable provision. tory species under a fishing license issued sociation; however, it did not clearly de- The Conference substitute adopts the pursuant to the 1987 Treaty of Fisheries Be- scribe the property to be conveyed. This pro- House provision. tween the Governments of Certain Pacific Is- vision provides. a description of this prop- Section 603. Limits on liability lands States and the Government of the erty. Section 603 of the House bill amends the United States of America to utilize non- The Senate amendment does not contain a Oil Pollution Act of 1990 (OPA) to adjust oil United States licensed and documented per- comparable provision. spill liability limits to reflect the change in sonnel to meet manning requirements for a The Conference substitute adopts the the Consumer Price Index (CPI) since the 48-month period beginning on the date of en- House provision with an amendment that Act’s passage in 1990. The provision would in- actment of this Act if, after timely notice of amends Section 325(c)(3) of the Coast Guard crease liability limits to the December, 2004 a vacancy, no United States-licensed and Authorization Act of 1993 (Public Law 103– CPI-adjusted level (approximately $1,700 per documented personnel are readily available. 206; 107 Stat. 2432) to include several housing gross ton) over a three year period. The pro- The Conference substitute adopts a provi- units and related structures with the prop- vision makes distinctions between single- sion that would permit such U.S.-flag vessels erty that was transferred in association with hull vessels and double-hull vessels. Liabil- to utilize foreign citizens that hold a valid li- Point Wilson Lighthouse in the State of ity levels for double-hull vessels would be in- cense issued in accordance with the stand- Washington under that Act. creased by $500 per gross ton over 3 years, ards established by the 1995 amendments to Section 504. Inclusion of lighthouse in St. Marks while liability levels for single-hull vessels the Convention on Standards of Training, National Wildlife Refuge, Florida would be increased by $1,050 per gross ton Certification and Watchkeeping for Sea- over three years. This amount is equal to farers, 1978 (STCW 95) and under competency Section 504 of the House bill revokes the twice the adjustment (approximately $525 and training standards that are equivalent reservation of public land described in sub- per gross ton) based on the increase in the or exceed such standards, in the determina- section (b) for lighthouse purposes by the Ex- CPI from 1990–2004. The provision also re- tion of the Secretary, that are required for ecutive Order dated November 12, 1838, as quires the President to adjust the liability U.S. licensed personnel. The provision main- amended by Public Land Order 5655, dated limits within three years of the enactment of tains the requirement that the vessel’s mas- January 9, 1979, consisting of approximately the Act and every three years thereafter. ter be a U.S. citizen licensed by the Coast 8.0 acres within the external boundaries of St. Marks National Wildlife Refuge in OPA established liability limits for tank Guard and provides that this exemption ap- vessels at a level of $1,200 per gross ton. plies only when no U.S. licensed and docu- Wakulla County, Florida. Administrative ju- risdiction over this land, and over all im- Under OPA, liability for cleanup costs and mented personnel area available. The sub- damages resulting from oil spills rests with a stitute maintains the sunset and geo- provements, structures, and fixtures located thereon, is transferred from the department ‘‘responsible party’’ who is either the owner graphical restrictions that were included in or operator of a vessel. In the event of a the Senate amendment. in which the Coast Guard is operating to the Secretary of the Interior, without reimburse- spill, the responsible party must pay re- TITLE V—LIGHTHOUSES ment. However, any Federal aids to naviga- moval costs incurred by the government or Section 501. Transfer tion located at the Refuge will continue to others and damages to claimants who are in- Section 501 of the House bill transfers ad- be operated and maintained by the Coast jured by the spill. Damages may include nat- ministrative jurisdiction from the Secretary Guard for as long as they are needed for ural resources damages, damages to real or of Agriculture to the Secretary of the de- navigational purposes, and the Coast Guard personal property, damages for loss of use of partment in which the Coast Guard is oper- may remove, replace, or install any Federal a natural resource such as a fishery, dam- ating over several National Forest System aid to navigation at the Refuge as may be ages for lost revenue or profit caused by a lands in the State of Alaska upon which are necessary. spill, and damages for the cost of govern- located certain Coast Guard facilities, and The Senate amendment does not contain a ment response necessitated by the spill. Under OPA, the President is required to over improvements situated on the lands, comparable provision. adjust these limits every three years accord- without requiring consideration and directs The Conference substitute adopts the ing to changes in the Consumer Price Index the Secretary of Interior to select an eligible House provision with an amendment that (CPI). Despite this requirement, no such ad- entity under the National Historic Light- prohibits the transfer of the property until justments have ever been made. The Sec- house Preservation Act to take custody of the Coast Guard has completed all response retary of the Department of Homeland Secu- the structures and surrounding lands once and restoration activities at the site. rity has recently delegated this authority to the Coast Guard has determined that the TITLE VI—DELAWARE RIVER PROTEC- land is excess property. the Coast Guard. TION AND MISCELLANEOUS OIL PROVI- The Senate amendment does not contain a The Senate amendment does not contain a SIONS. comparable provision. comparable provision. The Conference substitute adopts the The Conference substitute adopts the Section 601. Short title House provision with an amendment to in- House provision. Section 601 of the House bill states that the legislation may be referred to as the crease liability limits for single-hull tank Section 502. Misty Fiords National Monument vessels to $3,000 per gross ton; for double-hull and Wilderness ‘‘Delaware River Protection Act of 2005’’. The Senate amendment does not contain a tank vessels to $1,900 per gross ton; and for Section 502 of the House bill permits the comparable provision. nontank vessels to $950 per gross ton. These Secretary of the department in which the The Conference substitute states that this adjustments are based on the projected in- Coast Guard is operating to transfer to the title may be referred to as the ‘‘Delaware crease in the end-of-year CPI figure for cal- Secretary of Agriculture all administrative River Protection Act of 2006’’. endar year 2006. jurisdiction over the Tree Point Light Sta- The substitute also requires the Coast tion, without consideration, if the Secretary Section 602. Requirement to notify Coast Guard Guard to provide a report within 45 days of determines that the Tree Point Light Sta- of release of objects into the navigable wa- enactment of the Act on the extent to which tion is no longer needed for the purposes of ters of the United States oil discharges from vessels and non-vessel the Coast Guard. The Commandant of the Section 602 of the House bill establishes a sources have or are likely to result in re- Coast Guard, however, may reserve rights to requirement to notify the Coast Guard of a sponse costs and damages that exceed these

VerDate Aug 31 2005 06:36 Apr 07, 2006 Jkt 049060 PO 00000 Frm 00098 Fmt 4634 Sfmt 0634 E:\CR\FM\A06AP7.092 H06APPT1 jcorcoran on PROD1PC62 with HOUSE April 6, 2006 CONGRESSIONAL RECORD — HOUSE H1663 new limits, the impact on the Oil Spill Li- The Committee is tasked with developing priate and necessary’’ and extends the au- ability Trust Fund, and recommendations on recommendations for Congress on the pre- thority to grant exemptions through Sep- whether the liability limits need to be fur- vention of and response to future oil spills on tember 30, 2007. ther adjusted. This report is to be updated the Delaware River and Bay. The Conference substitute adopts the annually. The Senate amendment does not contain a House provision with an amendment to per- Section 604. Requirement to update Philadelphia comparable provision. mit the Secretary to provide an extension to area contingency plan The Conference substitute adopts the a mariner whose records were damaged or House provision with an amendment to in- Section 604 of the House bill requires the lost as a result of Hurricane Katrina and pro- crease the membership of the advisory com- Philadelphia Area Committee to annually vides that the authority to grant extensions mittee. update its area contingency plan to include will expire on April 1, 2007. The conferees do not intend the advisory The conference adopts this provision to ad- the most recent environmental sensitivity committee established under this section to, dress the concerns of the Coast Guard and data that has been collected by State and in any way, assume or duplicate the roles Gulf merchant mariners affected by Hurri- Federal agencies. and responsibilities inherent to any existing The Senate amendment does not contain a canes Katrina and Rita. The extension will advisory committees including the Mariners comparable provision. allow merchant mariners to continue work- The Conference substitute adopts the Advisory Committee for the Delaware River ing in the region to while the Coast Guard House provision. and Bay, as well as any committees estab- continues its efforts to recover documents lished under the Oil Pollution Act of 1990 or that were held in the Regional Examination Section 605. Submerged oil removal under Chapter 701 of title 46, United States Center in New Orleans. Section 605 of the House bill requires the Code, nor do the conferees wish the advisory The conferees also direct the Coast Guard National Oceanic and Atmospheric Adminis- committee to duplicate the work of these to expedite the processing of merchant mar- tration (NOAA), in conjunction with the other entities. iner documents for new applicants from the Coast Guard, to establish a submerged oil re- Section 608. Nontank vessels Gulf Coast region. The dislocation of the search program to research methods to de- The House bill does not contain a com- local population due to Hurricanes Katrina tect, monitor and remove submerged oil and and Rita left many Gulf Coast vessel opera- improve modeling capabilities to better pre- parable provision. Section 519 of the Senate amendment tors without enough employees to meet the dict the movement and behavior of sub- offshore repair workload. As the speed with merged oil. The provision also requires the would clarify the applicability of section 701 of P.L. 108–293 (Coast Guard and Maritime which these repairs are made have a signifi- Coast Guard to carry out a demonstration cant impact on U.S. energy supplies, the project to demonstrate technologies and Transportation Act of 2004) to nontank ves- sels within 12 nautical miles of the United Coast Guard should make every effort to ex- processes to detect and remove submerged pedite the processing of merchant mariner oil from waterways including the Delaware States. The Conference substitute adopts the Sen- documents for new applicants required to do River. this work. The Senate amendment does not contain a ate provision with a technical amendment. Section 703. Temporary authorization to extend comparable provision. TITLE VII—HURRICANE RESPONSE the duration of vessel certification of vessel The Conference substitute adopts the Section 701. Homeowners assistance for Coast certificates of inspection House provision with an amendment to limit Guard personnel affected by Hurricanes the scope of the submerged oil research pro- Katrina or Rita Section 421 of the House bill authorizes the Secretary through December 31, 2006 to tem- gram to the Delaware River and Delaware Section 213 of the House bill authorizes the porarily extend the duration or the validity Bay region. Secretary to purchase the primary resi- of a certificate of inspection or a certificate Title VII of the Oil Pollution Act estab- dences of Coast Guard personnel who were of compliance for up to 6 months for a vessel lishes an Oil Pollution Research and Devel- assigned to a facility in Louisiana, Mis- inspected by a Coast Guard Marine Safety opment Program and an Interagency Coordi- sissippi, or Alabama prior to the landfall of Office located in Alabama, Mississippi, or nating Committee on Oil Pollution Research Hurricane Katrina that were damaged or de- Louisiana. to carry out the Program. The program es- stroyed by the storm. Eligible personnel Section 705 of the Senate amendment con- tablished under this section would carry out would receive up to 85 percent of fair market tains a similar provision except that it does specific research on the effects and persist- value or the amount of any outstanding not limit the application of the provision to ence of submerged oil in addition to the re- mortgage, minus an amount of money re- vessels inspected by a Coast Guard Marine search program that is carried out by the ceived from insurance and would transfer to Safety Office located in Alabama, Mis- Committee. A large percentage of the oil the Secretary all title and interest to the sissippi, or Louisiana. Also, the Senate that was released from the ATHOS I was or property. The authority to make such pur- amendment extends authorization through still remains submerged at the bottom of the chases is subject to the availability of appro- September 30, 2007. river, and little work has been done to in- priations. The Conference substitute adopts the crease capabilities to predict the persistence The Senate amendment does not contain a House provision with an amendment to ex- of or vertical and horizontal movement of oil comparable provision. tend the authority through April 1, 2007. within the water column. The Conference substitute adopts the The conferees recommend that the efforts House provision with an amendment to make Section 704. Preservation of leave lost due to of the research program be focused on devel- personnel assigned to facilities in the State Hurricane Katrina operations oping methods and technologies to remove or of Texas and properties damaged as a result The House bill does not contain a com- diminish the persistence of submerged oil of Hurricane Rita eligible for reimbursement parable provision. that is currently found in the Delaware under this section. Section 707 of the Senate amendment River. Further, the conferees recommend The conferees believe that this provision would preserve up to 90 days of accumulated that the effort of the demonstration program recognizes the unique situation in which the leave that would otherwise be lost for Coast be concentrated on evaluating methods and men and women of the Coast Guard are Guardsmen who were stationed in or assisted technologies of removing submerged oil of placed. The Coast Guard was among the first with operations in the areas that were af- the type that was released into the Delaware on the scene after (and during) Hurricanes fected by Hurricane Katrina. This section River as a result of the grounding of the Katrina and Rita and rescued approximately also provides that any leave in excess of 60 ATHOS I and under the conditions that are 35,000 Americans. At the same time, mem- days that is preserved under this language observed in the area of the Delaware River bers suffered great personal losses. Instead of will be lost if not used prior to the end of FY that was impacted by such oil. going home to save personal items, they re- 2006. Section 606. Assessment of oil spill costs mained on duty. The Conference substitute adopts the Sen- The House bill does not contain a com- Section 702. Temporary authorization to extend ate provision. parable provision. the duration of licenses, certificates of reg- The conference adopts this provision to The Senate amendment does not contain a istry, and merchant mariners’ documents rectify the inequity that would occur to cer- tain Coast Guard personnel who worked in comparable provision. Section 420 of the House bill would author- The Conference substitute requires the the region affected by hurricane Katrina and ize the Secretary through December 31, 2006 Government Accountability Office to assess did not take accumulated leave. to temporarily extend the duration of a li- the costs of response activities and claim cense or certificate of registry or merchant Section 705. Report on impacts to Coast Guard that resulted from oil spills into U.S. waters mariners’ document issued for an individual Section 214 of the House bill requires the since January 1, 1990. for up to one year if the records of the indi- Coast Guard to submit a report on the per- Section 607. Delaware River and Bay Oil Spill vidual are located at the Coast Guard facil- sonnel and assets deployed to assist in the Advisory Committee ity in New Orleans that was damaged by response to Hurricane Katrina and the costs Section 606 of the House bill establishes an Hurricane Katrina or the individual is a resi- incurred as a result of such response that are advisory committee composed of representa- dent of Alabama, Mississippi, or Louisiana. in addition to funds already appropriated for tives from port authorities, shipping inter- Section 705 of the Senate amendment con- the Coast Guard for FY 2005. ests, oil refineries, labor, river pilots, envi- tains a similar provision but authorizes ex- Section 708 of the Senate amendment con- ronmental groups and the general public. tensions ‘‘when such action is deemed appro- tains a comparable provision that requires

VerDate Aug 31 2005 05:34 Apr 07, 2006 Jkt 049060 PO 00000 Frm 00099 Fmt 4634 Sfmt 0634 E:\CR\FM\A06AP7.094 H06APPT1 jcorcoran on PROD1PC62 with HOUSE H1664 CONGRESSIONAL RECORD — HOUSE April 6, 2006 the Coast Guard to analyze the impacts of Section 304 of the Senate amendment re- announced policy of January 4, 2005, Hurricane Katrina on Coast Guard assets and quires the Secretary to report on steps that the gentleman from Georgia (Mr. the Coast Guard will take to significantly operations, the Coast Guard’s preparedness GINGREY) is recognized for 60 minutes for such a storm, the Coast Guard’s capabili- improve the Coast Guard’s detection and interdiction of illegal incursions into the as the designee of the majority leader. ties to communicate during and after the Mr. GINGREY. Mr. Speaker, I am storm, and the financial impacts unbudgeted United States exclusive economic zone by increases in the price of fuel on Coast Guard foreign fishing vessels. very happy, of course, to be here to- operations in FYs 2005 and 2006. The Conference substitute adopts the Sen- night to take this leadership hour and The Conference substitute adopts the Sen- ate provision with an amendment to also in- talk about something that is really ate provision. clude incursions in the Bering Sea within the near and dear to my heart but, more scope of the report. Section 706. Report on impacts on navigable wa- importantly, near and dear to the terways TITLE IX—TECHNICAL CORRECTIONS hearts of 41, 42 million seniors in this Section 401 of the House bill makes several The House bill does not contain a com- country who finally, because of the technical corrections to current law related parable provision. to the Coast Guard and maritime transpor- leadership of this Congress, the Repub- Section 709 of the Senate amendment re- tation. lican leadership and this President, quires the Coast Guard to submit a report on Sections 501–518 of the Senate amendment have delivered on a promise that was the impacts of Hurricane Katrina on navi- make several conforming amendments to made years ago. And that delivery, I gable waterways and the response of the current law to reflect the transfer of the Coast Guard to such impacts. know a lot about them because as an Coast Guard to the Department of Homeland OB/GYN physician before coming to The Conference substitute adopts the Sen- Security from the Department of Homeland ate provision. Security. Congress, I delivered 5,200 babies, but TITLE VIII—OCEAN COMMISSION Sections 208, 520 and 521 of the Senate this may be the best delivery that I RECOMMENDATIONS amendment make several other amendments have ever been a part of, Mr. Speaker, Section 801. Implementation of international that are technical or conforming in nature. and that is delivering, as I say, on a agreements Section 601 of the Senate amendment es- promise made by former Congresses tablishes an effective date for technical and other Presidents over the 45-year The House bill does not contain a com- amendments that were included in the Sen- parable provision. ate amendment. history of the Medicare program, which Section 302 of the Senate amendment re- The Conference Report makes several tech- was introduced in 1965 with no pre- quires the Secretary to work with respon- nical and conforming amendments to stat- scription drug benefit. And what we sible officials and agencies of other nations utes related to Coast Guard and maritime have done here is add part D, the ‘‘D’’ to accelerate efforts at the International transportation and establishes an effective for ‘‘drugs’’ or, if you want, the ‘‘deliv- Maritime Organization (IMO) to enhance flag date for those amendments. ery’’ that we have finally provided to state oversight and enforcement of security, From the Committee on Transportation and environmental, and other agreements adopt- our American seniors. Infrastructure, for consideration of the This prescription drug benefit is a ed within the IMO, including implementa- House bill and the Senate amendment, and tion of a code outlining flag state respon- modifications committed to conference: wonderful thing, and, of course, we are sibilities and obligations, an audit regime DON YOUNG, going to talk about that tonight. I for evaluating flag state performance, meas- FRANK A. LOBIONDO, have a number of my colleagues that ures to ensure that responsible organiza- HOWARD COBLE, have joined me, and we will be getting tions, acting on behalf of flag states, meet PETER HOEKSTRA, information from them, from their dis- established performance standards, and co- PETE SIMMONS, tricts. We will be engaging in colloquy operative arrangements to improve enforce- MARIO DIAZ-BALART, ment on a bilateral, regional or inter- as we go through the hour, Mr. Speak- CHARLES W. BOUSTANY, Jr., er, talking about the success stories national basis. JAMES L. OBERSTAR, The Conference substitute adopts the Sen- BOB FILNER, because we do not want to stand up ate provision with a technical amendment to GENE TAYLOR, here for an hour and expect people to clarify that the Secretary shall work with BRIAN HIGGINS, take our word for this. I think it is our international partners to accelerate the ALLYSON Y. SCHWARTZ, very important, Mr. Speaker, that we implementation and enforcement of those From the Committee on Energy and Com- hear from our seniors, whether they international agreements to which those na- merce, for consideration of sec. 408 of the tions are a party. are from the 11th District of Georgia Hosue bill, and modifications committed to that I represent or whether they are Section 802. Voluntary measures for reducing conference: from the gentlewoman’s Virginia Dis- pollution from recreational boats JOE BARTON, trict, Representative THELMA DRAKE, The House bill does not contain a com- PAUL GILLMOR, parable provision. JOHN D. DINGELL, who is here with us, and others. Section 303 of the Senate amendment re- From the Committee on Homeland Security, But when we passed this bill in No- quires the Secretary to, in consultation with for consideration of secs. 101, 404, 413, and 424 vember of 2003 and the President signed appropriate federal, state, and local govern- of the House bill, and secs. 202, 207, 215, and it into law shortly thereafter in De- ment agencies, undertake outreach programs 302 of the Senage amendment, and modifica- cember, we had so much criticism from for educating the owners and operators of tions committed to conference: the other side of the aisle, it was really boats using two-stroke engines about the BENNIE G. THOMPSON, amazing. Of course, maybe I could un- pollution associated with such engines, and From the Committee on Resources, for con- sideration of secs. 426, 427, and title V of the derstand the politics of it back then be- to support voluntary programs to reduce cause we had finally delivered on a such pollution and encourage the early re- House bill, and modifications committed to placement of older two-stroke engines. conference: promise that maybe they had made and The Conference substitute adopts the Sen- RICHARD POMBO, not delivered on. But we are into the ate provision. WALTER B. JONES, sign-up period, and, in fact, May 15, Section 803. Integration of vessel monitoring sys- Managers on the Part of the House. after that date there is a penalty for tem data TED STEVENS, late signing up, and yet the other side The House bill does not contain a com- OLYMPIA SNOWE, is still discouraging the 8 million that parable section. (except section 414), have not yet signed up. And that is, Section 304 of the Senate amendment re- TRENT LOTT, Mr. Speaker, I think just so dis- quires the Secretary to integrate vessel mon- GORDON SMITH, appointing. DANIEL K. INOUYE, itoring system data into its maritime oper- I have heard for the last 11⁄2 years the ations databases for the purpose of improv- MARIA CANTWELL, criticism from the Democrats about (except section 414), ing monitoring and enforcement of federal this program being nothing but a give- fisheries laws and to work with the Under- FRANK R. LAUTENBERG, secretary of Commerce for Oceans and At- (except section 414), away to the pharmaceutical industry, mosphere to ensure effective use of such data Managers on the Part of the Senate. that the program was designed by for monitoring and enforcement. f them, that the government cannot ne- The Conference substitute adopts the Sen- gotiate price controls. ate provision. THE PRESCRIPTION DRUG Well, I want to take a few minutes, Section 804. Foreign fishing incursions BENEFIT Mr. Speaker, before yielding to my The House bill does not contain a com- The SPEAKER pro tempore (Mr. good friend from Virginia. Listen to parable provision. FORTENBERRY). Under the Speaker’s this: on March 9, 2000, the Clinton

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