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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1280 Reported in Senate (RS)]

                                                       Calendar No. 185
109th CONGRESS
  1st Session
                                S. 1280

                          [Report No. 109-114]

  To authorize appropriations for fiscal years 2006 and 2007 for the 
           United States Coast Guard, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 21, 2005

Ms. Snowe (for herself, Ms. Cantwell, Mr. Stevens, Mr. Inouye, and Mr. 
Lott) introduced the following bill; which was read twice and referred 
        to the Committee on Commerce, Science and Transportation

                             July 28, 2005

                Reported by Mr. Stevens, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL

 
  To authorize appropriations for fiscal years 2006 and 2007 for the 
           United States Coast Guard, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coast Guard Authorization Act of 
2005''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

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

Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Web-based risk management data system.
      TITLE II--HOMELAND SECURITY, MARINE SAFETY, FISHERIES, AND 
                        ENVIRONMENTAL PROTECTION

Sec. 201. Extension of Coast Guard vessel Anchorage and movement 
                            authority.
Sec. 202. Enhanced civil penalties for violations of the Maritime 
                            Transportation Security Act.
Sec. 203. Icebreakers.
Sec. 204. Cooperative agreements.
Sec. 205. Pilot program for dockside no fault/no cost safety and 
                            survivability examinations for uninspected 
                            commercial fishing vessels.
Sec. 206. Reports from mortgagees of vessels.
Sec. 207. International training and technical assistance.
Sec. 208. Reference to Trust Territory of the Pacific Islands.
Sec. 209. Bio-diesel feasibility study.
Sec. 210. Certification of vessel nationality in drug smuggling cases.
Sec. 211. Jones Act waivers.
Sec. 212. Deepwater oversight.
Sec. 213. Deepwater report.
Sec. 214. LORAN-C.
Sec. 215. Long-range vessel tracking system.
Sec. 216. Marine vessel and cold water safety education.
Sec. 217. Suction anchors.
        TITLE III--UNITED STATES OCEAN COMMISSION IMPLEMENTATION

Sec. 301. Place of refuge.
Sec. 302. Implementation of international agreements.
Sec. 303. Voluntary measures for reducing pollution from recreational 
                            boats.
Sec. 304. Integration of vessel monitoring system data.
Sec. 305. Foreign fishing incursions.
  TITLE IV--COAST GUARD PERSONNEL, FINANCIAL, AND PROPERTY MANAGEMENT

Sec. 401. Reserve officer distribution.
Sec. 402. Coast Guard band director.
Sec. 403. Reserve recall authority.
Sec. 404. Expansion of equipment used by auxiliary to support Coast 
                            Guard missions.
Sec. 405. Authority for one-step turnkey design-build contracting.
Sec. 406. Officer promotions.
Sec. 407. Redesignation of Coast Guard law specialists as judge 
                            advocates.
Sec. 408. Boating safety director.
Sec. 409. Hangar at Coast Guard air station at Barbers Point.
Sec. 410. Promotion of Coast Guard officers.
              TITLE V--TECHNICAL AND CONFORMING AMENDMENTS

Sec. 501. Government organization.
Sec. 502. War and national defense.
Sec. 503. Financial management.
Sec. 504. Public contracts.
Sec. 505. Public printing and documents.
Sec. 506. Shipping.
Sec. 507. Transportation.
Sec. 508. Mortgage insurance.
Sec. 509. Arctic research.
Sec. 510. Conservation.
Sec. 511. Conforming amendment.
Sec. 512. Anchorage grounds.
Sec. 513. Bridges.
Sec. 514. Lighthouses.
Sec. 515. Oil pollution.
Sec. 516. Medical care.
Sec. 517. Conforming amendment to Social Security Act.
Sec. 518. Shipping.
Sec. 519. Nontank vessels.
Sec. 520. Drug interdiction report.
Sec. 521. Acts of terrorism report.
                       TITLE VI--EFFECTIVE DATES

Sec. 601. Effective dates.

                         TITLE I--AUTHORIZATION

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    (a) There are authorized to be appropriated for fiscal year 2006 to 
the Secretary of the department in which the Coast Guard is operating 
the following amounts:
            (1) For the operation and maintenance of the Coast Guard 
        $5,594,900,000, of which $24,500,000 is authorized to be 
        derived from the Oil Spill Liability Trust Fund to carry out 
        the purposes of section 1012(a)(5) of the Oil Pollution Act of 
        1990 (33 U.S.C. 2712(a)(5)).
            (2) For the acquisition, construction, renovation, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto, $1,424,852,000, to remain available until expended, of 
        which--
                    (A) $20,000,000 shall be derived from the Oil Spill 
                Liability Trust Fund to carry out the purposes of 
                section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
                U.S.C. 2712(a)(5)); and
                    (B) $1,100,000,000 is authorized for acquisition 
                and construction of shore and offshore facilities, 
                vessels, and aircraft, including equipment related 
                thereto, and other activities that constitute the 
                Integrated Deepwater Systems.
            (3) For the use of the Commandant of the Coast Guard for 
        research, development, test, and evaluation of technologies, 
        materials, and human factors directly relating to improving the 
        performance of the Coast Guard's mission in search and rescue, 
        aids to navigation, marine safety, marine environmental 
        protection, enforcement of laws and treaties, ice operations, 
        oceanographic research, and defense readiness, $24,000,000, to 
        remain available until expended, of which $3,500,000 shall be 
        derived from the Oil Spill Liability Trust Fund to carry out 
        the purposes of section 1012(a)(5) of the Oil Pollution Act of 
        1990 (33 U.S.C. 2712(a)(5)).
            (4) For retired pay (including the payment of obligations 
        otherwise chargeable to lapsed appropriations for this 
        purpose), payments under the Retired Serviceman's Family 
        Protection and Survivor Benefit Plans, and payments for medical 
        care of retired personnel and their dependents under chapter 55 
        of title 10, United States Code, $1,014,080,000, to remain 
        available until expended.
            (5) For alteration or removal of bridges over navigable 
        waters of the United States constituting obstructions to 
        navigation, and for personnel and administrative costs 
        associated with the Bridge Alteration Program, $17,400,000, of 
        which $2,500,000, to remain available until expended, may be 
        utilized for construction of a new Chelsea Street Bridge over 
        the Chelsea River in Boston, Massachusetts.
            (6) For environmental compliance and restoration 
        $12,000,000, to remain available until expended for 
        environmental compliance and restoration functions under 
        chapter 19 of title 14, United States Code.
            (7) For operation and maintenance of the Coast Guard 
        reserve program, $119,000,000.
    (b) There are authorized to be appropriated for fiscal year 2007 to 
the Secretary of the department in which the Coast Guard is operating 
the following amounts:
            (1) For the operation and maintenance of the Coast Guard 
        $6,042,492,000, of which $24,500,000 is authorized to be 
        derived from the Oil Spill Liability Trust Fund to carry out 
        the purposes of section 1012(a)(5) of the Oil Pollution Act of 
        1990 (33 U.S.C. 2712(a)(5)).
            (2) For the acquisition, construction, renovation, and 
        improvement of aids to navigation, shore and offshore 
        facilities, vessels, and aircraft, including equipment related 
        thereto, $1,538,840,160, to remain available until expended, of 
        which--
                    (A) $20,000,000 shall be derived from the Oil Spill 
                Liability Trust Fund to carry out the purposes of 
                section 1012(a)(5) of the Oil Pollution Act of 1990 (33 
                U.S.C. 2712(a)(5)); and
                    (B) $1,188,000,000 is authorized for acquisition 
                and construction of shore and offshore facilities, 
                vessels, and aircraft, including equipment related 
                thereto, and other activities that constitute the 
                Integrated Deepwater Systems.
            (3) For the use of the Commandant of the Coast Guard for 
        research, development, test, and evaluation of technologies, 
        materials, and human factors directly relating to improving the 
        performance of the Coast Guard's mission in search and rescue, 
        aids to navigation, marine safety, marine environmental 
        protection, enforcement of laws and treaties, ice operations, 
        oceanographic research, and defense readiness, $25,920,000, to 
        remain available until expended, of which $3,500,000 shall be 
        derived from the Oil Spill Liability Trust Fund to carry out 
        the purposes of section 1012(a)(5) of the Oil Pollution Act of 
        1990 (33 U.S.C. 2712(a)(5)).
            (4) For retired pay (including the payment of obligations 
        otherwise chargeable to lapsed appropriations for this 
        purpose), payments under the Retired Serviceman's Family 
        Protection and Survivor Benefit Plans, and payments for medical 
        care of retired personnel and their dependents under chapter 55 
        of title 10, United States Code, $1,095,206,400, to remain 
        available until expended.
            (5) For alteration or removal of bridges over navigable 
        waters of the United States constituting obstructions to 
        navigation, and for personnel and administrative costs 
        associated with the Bridge Alteration Program, $18,792,000, of 
        which $2,500,000, to remain available until expended, may be 
        utilized for construction of a new Chelsea Street Bridge over 
        the Chelsea River in Boston, Massachusetts.
            (6) For environmental compliance and restoration 
        $12,960,000, to remain available until expended for 
        environmental compliance and restoration functions under 
        chapter 19 of title 14, United States Code.
            (7) For operation and maintenance of the Coast Guard 
        reserve program, $128,520,000.

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

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

SEC. 103. WEB-BASED RISK MANAGEMENT DATA SYSTEM.

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

      TITLE II--HOMELAND SECURITY, MARINE SAFETY, FISHERIES, AND 
                        ENVIRONMENTAL PROTECTION

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

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

SEC. 202. ENHANCED CIVIL PENALTIES FOR VIOLATIONS OF THE MARITIME 
              TRANSPORTATION SECURITY ACT.

    The second section enumerated 70119 of title 46, United States 
Code, is amended--
            (1) by inserting ``(a) In General.--'' before ``Any''; and
            (2) by adding at the end the following:
    ``(b) Continuing Violations.--Each day of a continuing violation 
shall constitute a separate violation, with a total fine per violation 
not to exceed--
            ``(1) for violations occurring during fiscal year 2006, 
        $50,000;
            ``(2) for violations occurring during fiscal year 2007, 
        $75,000; and
            ``(3) for violations occurring after fiscal year 2007, 
        $100,000.
    ``(c) Determination of Amount.--In determining the amount of the 
penalty, the Secretary shall take into account the nature, 
circumstances, extent, and gravity of the violation committed and, with 
respect to the violator, the degree of culpability, history of prior 
offenses, ability to pay, and such other matters as justice may 
require.
    ``(d) Compromise, Modification, and Remittal.--The Secretary may 
compromise, modify, or remit, with or without conditions, any civil 
penalty imposed under this section.''.

SEC. 203. ICEBREAKERS.

    (a) In General.--The Secretary of the department in which the Coast 
Guard is operating shall take all necessary measures--
            (1) to ensure that the Coast Guard maintains, at a minimum, 
        its current vessel capacity for carrying out ice-breaking in 
        the Arctic and Antarctic regions, including the necessary 
        funding for operation and maintenance of such vessels; and
            (2) for the long-term recapitalization of these assets.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated for fiscal year 2006 to the Secretary of the department in 
which the Coast Guard is operating $100,000,000 to carry out this 
section.

SEC. 204. COOPERATIVE AGREEMENTS.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of the department in which the Coast Guard is operating 
shall provide a report to the Senate Committee on Commerce, Science, 
and Transportation and the House of Representatives Committee on 
Transportation and Infrastructure on opportunities for and the 
feasibility of co-locating Coast Guard assets and personnel at 
facilities of other Armed Services branches throughout the United 
States. The report shall--
            (1) identify the locations of possible sites;
            (2) identify opportunities for cooperative agreements that 
        may be established between the Coast Guard and such facilities 
        with respect to maritime security and other Coast Guard 
        missions; and
            (3) analyze anticipated costs and benefits associated with 
        each site and such agreements.

SEC. 205. PILOT PROGRAM FOR DOCKSIDE NO FAULT/NO COST SAFETY AND 
              SURVIVABILITY EXAMINATIONS FOR UNINSPECTED COMMERCIAL 
              FISHING VESSELS.

    (a) Pilot Program.--The Secretary shall conduct a pilot program to 
determine the effectiveness of mandatory dockside crew survivability 
examinations of uninspected United States commercial fishing vessels in 
reducing the number of fatalities and amount of property losses in the 
United States commercial fishing industry.
    (b) Definitions.--In this section:
            (1) Dockside crew survivability examination.--The term 
        ``dockside crew survivability examination'' means an 
        examination by a Coast Guard representative of an uninspected 
        fishing vessel and its crew at the dock or pier that includes--
                    (A) identification and examination of safety and 
                survival equipment required by law for that vessel;
                    (B) identification and examination of the vessel 
                stability standards applicable by law to that vessel; 
                and
                    (C) identification and observation of--
                            (i) proper crew training on the vessel's 
                        safety and survival equipment; and
                            (ii) the crew's familiarity with vessel 
                        stability and emergency procedures designed to 
                        save life at sea and avoid loss or damage to 
                        the vessel.
            (2) Coast guard representative.--The term ``Coast Guard 
        representative'' means a Coast Guard member, civilian employee, 
        Coast Guard Auxiliarist, or person employed by an organization 
        accepted or approved by the Coast Guard to examine commercial 
        fishing industry vessels.
            (3) Uninspected fishing vessel.--The term ``uninspected 
        fishing vessel'' means a vessel, not including fish processing 
        vessels or fish tender vessels (as defined in section 2101 of 
        title 46, United States Code), that commercially engages in the 
        catching, taking, or harvesting of fish or an activity that can 
        reasonably be expected to result in the catching, taking, or 
        harvesting of fish.
    (c) Scope of Pilot Program.--The pilot program shall be conducted--
            (1) in at least 5, but no more than 10, major United States 
        fishing ports where Coast Guard statistics reveal a high number 
        of fatalities on uninspected fishing vessels within the 4 
        fiscal year period beginning with fiscal year 2000, but shall 
        not be conducted in Coast Guard districts where a fishing 
        vessel safety program already exists;
            (2) for a period of 5 calendar years following the date of 
        the enactment of this Act;
            (3) in consultation with those organizations and persons 
        identified by the Secretary as directly affected by the pilot 
        program;
            (4) as a non-fee service to those persons identified in 
        paragraph (3) above;
            (5) without a civil penalty for any discrepancies 
        identified during the dockside crew survivability examination; 
        and
            (6) to gather data identified by the Secretary as necessary 
        to conclude whether dockside crew survivability examinations 
        reduce fatalities and property losses in the fishing industry.
    (d) Report.--Not later than 180 days after end of the third year of 
the pilot program, the Secretary shall submit a report to the Senate 
Committee on Commerce, Science, and Transportation and the House of 
Representatives Committee on Transportation and Infrastructure on the 
results of the pilot program. The report shall include--
            (1) an assessment of the costs and benefits of the pilot 
        program including costs to the industry and lives and property 
        saved as a result of the pilot program;
            (2) an assessment of the costs and benefits to the United 
        States Government of the pilot program including operational 
        savings such as personnel, maintenance, etc., from reduced 
        search and rescue or other operations; and
            (3) any other findings and conclusions of the Secretary 
        with respect to the pilot program.

SEC. 206. REPORTS FROM MORTGAGEES OF VESSELS.

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

SEC. 207. INTERNATIONAL TRAINING AND TECHNICAL ASSISTANCE.

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

``149. Assistance to Foreign Governments and Maritime Authorities.''.

SEC. 208. REFERENCE TO TRUST TERRITORY OF THE PACIFIC ISLANDS.

    Section 2102(a) of title 46, United States Code, is amended--
            (1) by striking ``37, 43, 51, and 123'' and inserting ``43, 
        51, 61, and 123'';
            (2) by striking paragraph (2); and
            (3) by redesignating paragraph (3) as paragraph (2).

SEC. 209. BIO-DIESEL FEASIBILITY STUDY.

    (a) Study.--The Secretary of the department in which the Coast 
Guard is operating shall conduct a study that examines the technical 
feasibility, costs, and potential cost savings of using bio-diesel fuel 
in new and existing Coast Guard vehicles and vessels, and which focuses 
on the use of bio-diesel fuel in ports which have a high-density of 
vessel traffic, including ports for which vessel traffic systems have 
been established.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of the department in which the Coast Guard is 
operating shall transmit a report containing the findings, conclusions, 
and recommendations (if any) from the study to the Senate Committee on 
Commerce, Science, and Transportation and the House of Representatives 
Committee on Transportation and Infrastructure.

SEC. 210. CERTIFICATION OF VESSEL NATIONALITY IN DRUG SMUGGLING CASES.

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

SEC. 211. JONES ACT WAIVERS.

    Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 
U.S.C. App. 883), a vessel that was not built in the United States may 
transport fish or shellfish within the coastal waters of the State of 
Maine if the vessel--
            (1) meets the other requirements of section 27 of the 
        Merchant Marine Act, 1920 (46 U.S.C. App. 883) and section 2 of 
        the Shipping Act, 1916 (46 U.S.C. App. 802) for engaging in the 
        coastwise trade;
            (2) is ineligible for documentation under chapter 121 of 
        title 46, United States Code, because it measures less than 5 
        net tons;
            (3) has transported fish or shellfish within the coastal 
        waters of the State of Maine prior to December 31, 2004; and
            (4) has not undergone a transfer of ownership after 
        December 31, 2004.

SEC. 212. DEEPWATER OVERSIGHT.

    No later than 90 days after the date of enactment of this Act, the 
Coast Guard, in consultation with Government Accountability Office, 
shall provide a report to the Senate Committee on Commerce, Science, 
and Transportation and the House of Representatives Committee on 
Transportation and Infrastructure on--
            (1) the status of the Coast Guard's implementation of 
        Government Accountability Office's recommendations in its 
        report, GAO-04-380, ``Coast Guard Deepwater Program Needs 
        Increased Attention to Management and Contractor Oversight''; 
        and
            (2) the dates by which the Coast Guard plans to fully 
        implement such recommendations if any remain open as of the 
        date the report is transmitted to the Committees.

SEC. 213. DEEPWATER REPORT.

    The Secretary of Homeland Security shall submit to the Congress, in 
conjunction with the transmittal by the President of the Budget of the 
United States for Fiscal Year 2007, a revised Deepwater baseline that 
includes--
            (1) a justification for the projected number and 
        capabilities of each asset (including the ability of each asset 
        to meet service performance goals);
            (2) an accelerated acquisition timeline that reflects 
        project completion in 10 years and 15 years (included in this 
        timeline shall be the amount of assets procured during each 
        year of the accelerated program);
            (3) the required funding for each accelerated acquisition 
        timeline that reflects project completion in 10 years and 15 
        years;
            (4) anticipated costs associated with legacy asset 
        sustainment for each accelerated acquisition timeline that 
        reflects project completion in 10 years and 15 years;
            (5) anticipated mission deficiencies, if any, associated 
        with the continued degradation of legacy assets in combination 
        with the procurement of new assets within each accelerated 
        acquisition timeline that reflects project completion in 10 
        years and 15 years;
            (6) a comparison of the amount of required assets in the 
        current baseline to the amount of required assets according to 
        the Coast Guard's Performance Gap Analysis Study; and
            (7) an evaluation of the overall feasibility of achieving 
        each accelerated acquisition timeline (including contractor 
        capacity, national shipbuilding capacity, asset integration 
        into Coast Guard facilities, required personnel, training 
        infrastructure capacity on technology associated with new 
        assets).

SEC. 214. LORAN-C.

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

SEC. 215. LONG-RANGE VESSEL TRACKING SYSTEM.

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

SEC. 216. MARINE VESSEL AND COLD WATER SAFETY EDUCATION.

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

SEC. 217. SUCTION ANCHORS.

    Section 12105 of title 46, United States Code, is amended by adding 
at the end the following:
    ``(c) No vessel without a registry or coastwise endorsement may 
engage in the movement of anchors or other mooring equipment from one 
point over or on the United States outer Continental Shelf to another 
such point in connection with exploring for, developing, or producing 
resources from the outer Continental Shelf.''.

        TITLE III--UNITED STATES OCEAN COMMISSION IMPLEMENTATION

SEC. 301. PLACE OF REFUGE.

    (a) In General.--Within 12 months after the date of enactment of 
this Act, the United States Coast Guard, working with hazardous spill 
response agencies, marine salvage companies, State and local law 
enforcement and marine agencies, and other Federal agencies including 
the National Oceanic and Atmospheric Administration and the 
Environmental Protection Agency, shall, in accordance with the 
recommendations of the United States Commission on Ocean Policy in its 
final report, develop a comprehensive and effective process for 
determining whether and under what circumstances damaged vessels may 
seek a place of refuge in the United States suitable to the specific 
nature of distress each vessel is experiencing.
    (b) Report.--The Commandant of the Coast Guard shall transmit a 
report annually to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on 
Transportation and Infrastructure describing the process established 
and any cases in which a vessel was provided with a place of refuge in 
the preceding year.
    (c) Place of Refuge Defined.--In this section, the term ``place of 
refuge'' means a place where a ship in need of assistance can take 
action to enable it to stabilize its condition and reduce the hazards 
to navigation and to protect human life and the environment.

SEC. 302. IMPLEMENTATION OF INTERNATIONAL AGREEMENTS.

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

SEC. 303. VOLUNTARY MEASURES FOR REDUCING POLLUTION FROM RECREATIONAL 
              BOATS.

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

SEC. 304. INTEGRATION OF VESSEL MONITORING SYSTEM DATA.

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

SEC. 305. FOREIGN FISHING INCURSIONS.

    (a) In General.--No later than 180 days after the date of enactment 
of this Act, the Secretary of the department in which the Coast Guard 
is operating shall provide a report to the Senate Committee on 
Commerce, Science, and Transportation and the House of Representatives 
Committee on Transportation and Infrastructure on steps that the Coast 
Guard will take to significantly improve the Coast Guard's detection 
and interdiction of illegal incursions into the United States exclusive 
economic zone by foreign fishing vessels.
    (b) Specific Issues To Be Addressed.--The report shall--
            (1) focus on areas in the exclusive economic zone where the 
        Coast Guard has failed to detect or interdict such incursions 
        in the 4 fiscal year period beginning with fiscal year 2000, 
        including the Western/Central Pacific; and
            (2) include an evaluation of the potential use of unmanned 
        aircraft and offshore platforms for detecting or interdicting 
        such incursions.
    (c) Biennial Updates.--The Secretary shall provide biannual reports 
updating the Coast Guard's progress in detecting or interdicting such 
incursions to the Senate Commerce, Science, and Transportation and the 
House of Representatives Committee on Transportation and 
Infrastructure.

  TITLE IV--COAST GUARD PERSONNEL, FINANCIAL, AND PROPERTY MANAGEMENT

SEC. 401. RESERVE OFFICER DISTRIBUTION.

    Section 724 of title 14, United States Code, is amended--
            (1) by inserting ``Reserve officers on an Active-duty list 
        shall not be counted as part of the authorized number of 
        officers in the Reserve.'' after ``5,000.'' in subsection (a); 
        and
            (2) by striking so much of subsection (b) as precedes 
        paragraph (2) and inserting the following:
    ``(b)(1) The Secretary shall, at least once a year, make a 
computation to determine the number of Reserve officers in an active 
status authorized to be serving in each grade. The number in each grade 
shall be computed by applying the applicable percentage to the total 
number of such officers serving in an active status on the date the 
computation is made. The number of Reserve officers in an active status 
below the grade of rear admiral (lower half) shall be distributed by 
pay grade so as not to exceed percentages of commissioned officers 
authorized by section 42(b) of this title. When the actual number of 
Reserve officers in an active status in a particular pay grade is less 
than the maximum percentage authorized, the difference may be applied 
to the number in the next lower grade. A Reserve officer may not be 
reduced in rank or grade solely because of a reduction in an authorized 
number as provided for in this subsection, or because an excess results 
directly from the operation of law.''.

SEC. 402. COAST GUARD BAND DIRECTOR.

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

SEC. 403. RESERVE RECALL AUTHORITY.

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

SEC. 404. EXPANSION OF EQUIPMENT USED BY AUXILIARY TO SUPPORT COAST 
              GUARD MISSIONS.

    (a) Motorized Vehicle as Facility.--Section 826 of title 14, United 
States Code, is amended--
            (1) by inserting ``(a)'' before ``Members''; and
            (2) adding at the end the following:
    ``(b) The Coast Guard may utilize to carry out its functions and 
duties as authorized by the Secretary any motorized vehicle placed at 
its disposition by any member of the auxiliary, by any corporation, 
partnership, or association, or by any State or political subdivision 
thereof to tow government property.''.
    (b) Appropriations for Facilities.--Section 830(a) of title 14, 
United States Code, is amended by striking ``or radio station'' each 
place it appears and inserting ``radio station, or motorized vehicle 
utilized under section 826(b)''.

SEC. 405. AUTHORITY FOR ONE-STEP TURNKEY DESIGN-BUILD CONTRACTING.

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

``677. Turn-key selection procedures.''.

SEC. 406. OFFICER PROMOTION.

    Section 257 of title 14, United States Code, is amended by adding 
at the end the following:
    ``(f) The Secretary of the Department in which the Coast Guard is 
operating may waive subsection (a) of this section to the extent 
necessary to allow officers described therein to have at least 2 
opportunities for consideration for promotion to the next higher grade 
as officers below the promotion zone.''.

SEC. 407. REDESIGNATION OF COAST GUARD LAW SPECIALISTS AS JUDGE 
              ADVOCATES.

    (a) Section 801 of title 10, United States Code, is amended--
            (1) by striking ``The term `law specialist''' in paragraph 
        (11) and inserting ``The term `judge advocate', in the Coast 
        Guard,'';
            (2) by striking ``advocate; or'' in paragraph (13) and 
        inserting ``advocate.''; and
            (3) by striking subparagraph (C) of paragraph (13).
    (b) Section 727 of title 14, United States Code, is amended by 
striking ``law specialist'' and inserting ``judge advocate''.
    (c) Section 465(a)(2) of the Social Security Act (42 U.S.C. 
665(a)(2)) is amended by striking ``law specialist'' and inserting 
``judge advocate''.

SEC. 408. BOATING SAFETY DIRECTOR.

    (a) In General.--Subchapter A of chapter 11 of title 14, United 
States Code, is amended by adding at the end the following:
``Sec. 337. Director, Office of Boating Safety
    ``The initial appointment of the Director of the Boating Safety 
Office shall be in the grade of Captain.''.
    (b) Clerical Amendment.--The chapter analysis for chapter 11 of 
title 14, United States Code, is amended by inserting after the item 
relating to section 336 the following:

``337. Director, Office of Boating Safety.''.

SEC. 409. HANGAR AT COAST GUARD AIR STATION BARBERS POINT.

    No later than 180 days after the date of enactment of this Act, the 
Secretary of the Department in which the Coast Guard is operating shall 
provide the Senate Committee on Commerce, Science, and Transportation 
and the House of Representatives Committee on Transportation and 
Infrastructure with a proposal and cost analysis for constructing an 
enclosed hangar at Air Station Barbers Point. The proposal should 
ensure that the hangar has the capacity to shelter current aircraft 
assets and those projected to be located at the station over the next 
20 years.

SEC. 410. PROMOTION OF COAST GUARD OFFICERS.

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

              TITLE V--TECHNICAL AND CONFORMING AMENDMENTS

SEC. 501. GOVERNMENT ORGANIZATION.

    Title 5, United States Code, is amended--
            (1) by inserting ``The Department of Homeland Security.'' 
        after ``The Department of Veterans Affairs.'' in section 101;
            (2) by inserting ``the Secretary of Homeland Security,'' in 
        section 2902(b) after ``Secretary of the Interior,''; and
            (3) in sections 5520a(k)(3), 5595(h)(5), 6308(b), and 
        9001(10), by striking ``of Transportation'' each place it 
        appears and inserting ``of Homeland Security''.

SEC. 502. WAR AND NATIONAL DEFENSE.

    The Soldiers' and Sailors' Civil Relief Act of 1940 (Public Law 76-
861, 56 Stat. 1178, 50 U.S.C. App. 501 et seq.) is amended--
            (1) by striking ``Secretary of Transportation'' each place 
        it appears in section 515 and inserting ``Secretary of Homeland 
        Security''; and
            (2) by striking ``Secretary of Transportation'' in section 
        530(d) and inserting ``Secretary of Homeland Security''.

SEC. 503. FINANCIAL MANAGEMENT.

    Title 31, United States Code, is amended--
            (1) by striking ``of Transportation'' in section 3321(c) 
        and inserting ``of Homeland Security.'';
            (2) by striking ``of Transportation'' in section 3325(b) 
        and inserting ``of Homeland Security'';
            (3) by striking ``of Transportation'' each place it appears 
        in section 3527(b)(1) and inserting ``of Homeland Security''; 
        and
            (4) by striking ``of Transportation'' in section 3711(f) 
        and inserting ``of Homeland Security''.

SEC. 504. PUBLIC CONTRACTS.

    Section 11 of title 41, United States Code, is amended by striking 
``of Transportation'' each place it appears and inserting ``of Homeland 
Security''.

SEC. 505. PUBLIC PRINTING AND DOCUMENTS.

    Sections 1308 and 1309 of title 44, United States Code, are amended 
by striking ``of Transportation'' each place it appears and inserting 
``of Homeland Security''.

SEC. 506. SHIPPING.

    Title 46, United States Code, is amended--
            (1) by striking ``a Coast Guard or'' in section 2109;
            (2) by striking the second sentence of section 6308(a) and 
        inserting ``Any employee of the Department of Transportation, 
        and any member of the Coast Guard, investigating a marine 
        casualty pursuant to section 6301 of this title, shall not be 
        subject to deposition or other discovery, or otherwise testify 
        in such proceedings relevant to a marine casualty 
        investigation, without the permission of the Secretary of 
        Transportation for Department of Transportation employees or 
        the Secretary of Homeland Security for military members or 
        civilian employees of the Coast Guard.''; and
            (3) by striking ``of Transportation'' in section 13106(c) 
        and inserting ``of Homeland Security''.

SEC. 507. TRANSPORTATION; ORGANIZATION.

    Section 324 of title 49, United States Code, is amended by striking 
subsection (b); and redesignating subsections (c) and (d) as 
subsections (b) and (c), respectively.

SEC. 508. MORTGAGE INSURANCE.

    Section 222 of the National Housing Act of 1934 (12 U.S.C. 1715m) 
is amended by striking ``of Transportation'' each place it appears and 
inserting ``of Homeland Security''.

SEC. 509. ARCTIC RESEARCH.

    Section 107(b)(2) of the Arctic Research and Policy Act of 1984 (15 
U.S.C. 4106(b)(2)) is amended--
            (1) by striking ``and'' after the semicolon in subparagraph 
        (J);
            (2) by redesignating subparagraph (K) as subparagraph (L); 
        and
            (3) by inserting after subparagraph (J) the following new 
        subparagraph:
            ``(K) the Department of Homeland Security; and''.

SEC. 510. CONSERVATION.

    (a) Section 1029(e)(2)(B) of the Bisti/De-Na-Zin Wilderness 
Expansion and Fossil Protection Act of 1996 (16 U.S.C. 460kkk(e)) is 
amended by striking ``of Transportation'' and inserting ``of Homeland 
Security''.
    (b) Section 312(a)(2)(C) of the Antarctic Marine Living Resources 
Convention Act of 1984 (16 U.S.C. 2441(c)) is amended by striking ``of 
Transportation'' and inserting ``of Homeland Security''.

SEC. 511. CONFORMING AMENDMENT.

    Section 3122 of the Internal Revenue Code of 1986 is amended by 
striking ``Secretary of Transportation'' each place it appears and 
inserting ``Secretary of the Department in which the Coast Guard is 
operating''.

SEC. 512. ANCHORAGE GROUNDS.

    Section 7 of the Rivers and Harbors Act of 1915 (33 U.S.C. 471) is 
amended by striking ``of Transportation'' and inserting ``of Homeland 
Security''.

SEC. 513. BRIDGES.

    Section 4 of the General Bridge Act of 1906 (33 U.S.C. 491) is 
amended by striking ``of Transportation'' and inserting ``of Homeland 
Security''.

SEC. 514. LIGHTHOUSES.

    (a) Section 1 of Public Law 70-803 (33 U.S.C. 747b) is amended by 
striking ``of Transportation'' and inserting ``of Homeland Security''.
    (b) Section 2 of Public Law 65-174 (33 U.S.C. 748) is amended by 
striking ``of Transportation'' and inserting ``of Homeland Security''.
    (c) Sections 1 and 2 of Public Law 75-515 (33 U.S.C. 745a, 748a) 
are amended by striking ``of Transportation'' each place it appears and 
inserting ``of Homeland Security''.

SEC. 515. OIL POLLUTION.

    The Oil Pollution Act of 1990 (33 U.S.C. 2701 et. seq.) is 
amended--
            (1) by inserting ``Homeland Security,'' in section 
        5001(c)(1)(B) (33 U.S.C. 2731(c)(1)(B)) after ``the 
        Interior,'';
            (2) by striking ``of Transportation.'' in section 
        5002(m)(4) (33 U.S.C. 2732(m)(4)) and inserting ``of Homeland 
        Security.'';
            (3) by striking section 7001(a)(3) (33 U.S.C. 2761(a)(3)) 
        and inserting the following:
    ``(3) Membership.--
            ``(A) The Interagency Committee shall include 
        representatives from the Department of Commerce (including the 
        National Oceanic and Atmospheric Administration and the 
        National Institute of Standards and Technology), the Department 
        of Energy, the Department of the Interior (including the 
        Minerals Management Service and the United States Fish and 
        Wildlife Service), the Department of Transportation (including 
        the Maritime Administration and the Pipeline and Hazardous 
        Materials Safety Administration), the Department of Defense 
        (including the Army Corps of Engineers and the Navy), the 
        Department of Homeland Security (including the United States 
        Coast Guard and the United States Fire Administration in the 
        Federal Emergency Management Agency), the Environmental 
        Protection Agency, and the National Aeronautics and Space 
        Administration, as well as such other Federal agencies the 
        President may designate.
            ``(B) A representative of the Department of Transportation 
        shall serve as Chairman.''; and
            (4) by striking ``other'' in section 7001(c)(6) (33 U.S.C. 
        2761(c)(6)) before ``such agencies''.

SEC. 516. MEDICAL CARE.

    Section 1(g)(4)(B) of the Medical Care Recovery Act of 1962 (42 
U.S.C. 2651(g)(4)(B)) is amended by striking ``of Transportation,'' and 
inserting ``of Homeland Security,''.

SEC. 517. CONFORMING AMENDMENT TO SOCIAL SECURITY ACT.

    Section 201(p)(3) of the Social Security Act (42 U.S.C. 405(p)(3)) 
is amended by striking ``of Transportation'' each place it appears and 
inserting ``of Homeland Security''.

SEC. 518. SHIPPING.

    Section 27 of the Merchant Marine Act of 1920 (46 U.S.C. App. 883) 
is amended by striking ``Satisfactory inspection shall be certified in 
writing by the Secretary of Transportation'' and inserting 
``Satisfactory inspection shall be certified in writing by the 
Secretary of Homeland Security.''.

SEC. 519. NONTANK VESSELS.

    Section 311(a)(26) of the Federal Water Pollution Control Act (33 
U.S.C. 1321(A)(26)) is amended to read as follows:
            ``(26) `nontank vessel' means a self-propelled vessel--
                    ``(A) of at least 400 gross tons as measured under 
                section 14302 of title 46, United States Code, or, for 
                vessels not measured under that section, as measured 
                under section 14502 of that title;
                    ``(B) other than a tank vessel;
                    ``(C) that carries oil of any kind as fuel for main 
                propulsion; and
                    ``(D) that is a vessel of the United States or that 
                operates on the navigable waters of the United States 
                including all waters of the territorial sea of the 
                United States as described in Presidential Proclamation 
                No. 5928 of December 27, 1988.''.

SEC. 520. DRUG INTERDICTION REPORT.

    (a) In General.--Section 89 of title 14, United States Code, is 
amended by adding at the end the following:
    ``(d) Quarterly Reports on Drug Interdiction.--Not later than 30 
days after the end of each fiscal year quarter, the Secretary of 
Homeland Security shall submit to the House of Representatives 
Committee on Transportation and Infrastructure and the Senate Committee 
on Commerce, Science, and Transportation a report on all expenditures 
related to drug interdiction activities of the Coast Guard on an annual 
basis.''.
    (b) Conforming Amendment.--Section 103 of the Coast Guard 
Authorization Act of 1996 (14 U.S.C. 89 note) is repealed.

SEC. 521. ACTS OF TERRORISM REPORT.

    Section 905 of the Omnibus Diplomatic Security and Antiterrorism 
Act of 1986 (46 U.S.C. App. 1802) is amended--
            (1) by striking ``Not later than February 28, 1987, and 
        annually thereafter, the Secretary of Transportation shall 
        report'' and inserting ``The Secretary of Homeland Security 
        shall report annually''; and
            (2) by inserting ``Beginning with the first report 
        submitted under this section after the date of enactment of the 
        Maritime Transportation Security Act of 2002, the Secretary 
        shall include a description of activities undertaken under 
        title I of that Act and an analysis of the effect of those 
        activities on port security against acts of terrorism.'' after 
        ``ports.''.

                       TITLE VI--EFFECTIVE DATES

SEC. 601. EFFECTIVE DATES.

    (a) In General.--Except as provided in subsection (b), this Act and 
the amendments made by this Act shall take effect on the date of 
enactment.
    (b) Exception.--Sections 501 through 518 of this Act and the 
amendments made by those sections shall take effect on March 1, 2003.
                                                       Calendar No. 185

109th CONGRESS

  1st Session

                                S. 1280

                          [Report No. 109-114]

_______________________________________________________________________

                                 A BILL

  To authorize appropriations for fiscal years 2006 and 2007 for the 
           United States Coast Guard, and for other purposes

_______________________________________________________________________

                             July 28, 2005

                        Reported with amendments
```