II 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Coast Guard Author5 ization Act of 2005’’. 
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1 SEC. 2. TABLE OF CONTENTS. 

2 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. 
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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.

1 TITLE I—AUTHORIZATION 

2 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

3 (a) There are authorized to be appropriated for fiscal 

4 year 2006 to the Secretary of the department in which 

5 the Coast Guard is operating the following amounts: 

6 (1) For the operation and maintenance of the 

7 Coast Guard $5,594,900,000, of which $24,500,000 

8 is authorized to be derived from the Oil Spill Liabil9 ity Trust Fund to carry out the purposes of section 

10 1012(a)(5) of the Oil Pollution Act of 1990 (33 

11 U.S.C. 2712(a)(5)). 
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1 (2) For the acquisition, construction, renova2 tion, and improvement of aids to navigation, shore 

3 and offshore facilities, vessels, and aircraft, includ4 ing equipment related thereto, $1,424,852,000, to 

5 remain available until expended, of which—

6 (A) $20,000,000 shall be derived from the 

7 Oil Spill Liability Trust Fund to carry out the 

8 purposes of section 1012(a)(5) of the Oil Pollu9 tion Act of 1990 (33 U.S.C. 2712(a)(5)); and 

10 (B) $1,100,000,000 is authorized for ac11 quisition and construction of shore and offshore 

12 facilities, vessels, and aircraft, including equip13 ment related thereto, and other activities that 

14 constitute the Integrated Deepwater Systems. 

15 (3) For the use of the Commandant of the 

16 Coast Guard for research, development, test, and 

17 evaluation of technologies, materials, and human 

18 factors directly relating to improving the perform19 ance of the Coast Guard’s mission in search and res20 cue, aids to navigation, marine safety, marine envi21 ronmental protection, enforcement of laws and trea22 ties, ice operations, oceanographic research, and de23 fense readiness, $24,000,000, to remain available 

24 until expended, of which $3,500,000 shall be derived 

25 from the Oil Spill Liability Trust Fund to carry out 
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1 the purposes of section 1012(a)(5) of the Oil Pollu2 tion Act of 1990 (33 U.S.C. 2712(a)(5)). 

3 (4) For retired pay (including the payment of 

4 obligations otherwise chargeable to lapsed appropria5 tions for this purpose), payments under the Retired 

6 Serviceman’s Family Protection and Survivor Ben7 efit Plans, and payments for medical care of retired 

8 personnel and their dependents under chapter 55 of 

9 title 10, United States Code, $1,014,080,000, to re10 main available until expended. 

11 (5) For alteration or removal of bridges over 

12 navigable waters of the United States constituting 

13 obstructions to navigation, and for personnel and 

14 administrative costs associated with the Bridge Al15 teration Program, $17,400,000, of which 

16 $2,500,000, to remain available until expended, may 

17 be utilized for construction of a new Chelsea Street 

18 Bridge over the Chelsea River in Boston, Massachu19 setts. 

20 (6) For environmental compliance and restora21 tion $12,000,000, to remain available until expended 

22 for environmental compliance and restoration func23 tions under chapter 19 of title 14, United States 

24 Code. 
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1 (7) For operation and maintenance of the Coast 

2 Guard reserve program, $119,000,000. 

3 (b) There are authorized to be appropriated for fiscal 

4 year 2007 to the Secretary of the department in which 

5 the Coast Guard is operating the following amounts: 

6 (1) For the operation and maintenance of the 

7 Coast Guard $6,042,492,000, of which $24,500,000 

8 is authorized to be derived from the Oil Spill Liabil9 ity Trust Fund to carry out the purposes of section 

10 1012(a)(5) of the Oil Pollution Act of 1990 (33 

11 U.S.C. 2712(a)(5)). 

12 (2) For the acquisition, construction, renova13 tion, and improvement of aids to navigation, shore 

14 and offshore facilities, vessels, and aircraft, includ15 ing equipment related thereto, $1,538,840,160, to 

16 remain available until expended, of which—

17 (A) $20,000,000 shall be derived from the 

18 Oil Spill Liability Trust Fund to carry out the 

19 purposes of section 1012(a)(5) of the Oil Pollu20 tion Act of 1990 (33 U.S.C. 2712(a)(5)); and 

21 (B) $1,188,000,000 is authorized for ac22 quisition and construction of shore and offshore 

23 facilities, vessels, and aircraft, including equip24 ment related thereto, and other activities that 

25 constitute the Integrated Deepwater Systems. 
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1 (3) For the use of the Commandant of the 

2 Coast Guard for research, development, test, and 

3 evaluation of technologies, materials, and human 

4 factors directly relating to improving the perform5 ance of the Coast Guard’s mission in search and res6 cue, aids to navigation, marine safety, marine envi7 ronmental protection, enforcement of laws and trea8 ties, ice operations, oceanographic research, and de9 fense readiness, $25,920,000, to remain available 

10 until expended, of which $3,500,000 shall be derived 

11 from the Oil Spill Liability Trust Fund to carry out 

12 the purposes of section 1012(a)(5) of the Oil Pollu13 tion Act of 1990 (33 U.S.C. 2712(a)(5)). 

14 (4) For retired pay (including the payment of 

15 obligations otherwise chargeable to lapsed appropria16 tions for this purpose), payments under the Retired 

17 Serviceman’s Family Protection and Survivor Ben18 efit Plans, and payments for medical care of retired 

19 personnel and their dependents under chapter 55 of 

20 title 10, United States Code, $1,095,206,400, to re21 main available until expended. 

22 (5) For alteration or removal of bridges over 

23 navigable waters of the United States constituting 

24 obstructions to navigation, and for personnel and 

25 administrative costs associated with the Bridge Al-
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1 teration Program, $18,792,000, of which 

2 $2,500,000, to remain available until expended, may 

3 be utilized for construction of a new Chelsea Street 

4 Bridge over the Chelsea River in Boston, Massachu5 setts. 

6 (6) For environmental compliance and restora7 tion $12,960,000, to remain available until expended 

8 for environmental compliance and restoration func9 tions under chapter 19 of title 14, United States 

10 Code. 

11 (7) For operation and maintenance of the Coast 

12 Guard reserve program, $128,520,000. 

13 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 

14 AND TRAINING. 

15 (a) ACTIVE DUTY STRENGTH.—The Coast Guard is 

16 authorized an end-of-year strength of active duty per17 sonnel of 45,500 as of September 30, 2006. 

18 (b) MILITARY TRAINING STUDENT LOADS.—For fis19 cal year 2006, the Coast Guard is authorized average mili20 tary training student loads as follows: 

21 (1) For recruit and special training, 2,500 stu22 dent years. 

23 (2) For flight training, 125 student years. 

24 (3) For professional training in military and ci25 vilian institutions, 350 student years. 
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1 (4) For officer acquisition, 1,200 student years. 

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

3 There are authorized to be appropriated for fiscal 

4 year 2006 to the Secretary of the department in which 

5 the Coast Guard is operating $1,000,000 to continue de6 ployment of a web-based risk management system to help 

7 reduce accidents and fatalities. 

8 TITLE II—HOMELAND SECURITY, 

9 MARINE SAFETY, FISHERIES, 

10 AND ENVIRONMENTAL PRO11 TECTION 

12 SEC. 201. EXTENSION OF COAST GUARD VESSEL ANCHOR13 AGE AND MOVEMENT AUTHORITY. 

14 Section 91 of title 14, United States Code, is amend15 ed by adding at the end the following: 

16 ‘‘(d) As used in this section, the term ‘navigable wa17 ters of the United States’ includes all waters of the terri18 torial sea of the United States as described in Presidential 

19 Proclamation No. 5928 of December 27, 1988.’’. 

20 SEC. 202. ENHANCED CIVIL PENALTIES FOR VIOLATIONS 

21 OF THE MARITIME TRANSPORTATION SECU22 RITY ACT. 

23 The second section enumerated 70119 of title 46, 

24 United States Code, is amended—
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1 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

2 ‘‘Any’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(b) CONTINUING VIOLATIONS.—Each day of a con5 tinuing violation shall constitute a separate violation, with 

6 a total fine per violation not to exceed—

7 ‘‘(1) for violations occurring during fiscal year 

8 2006, $50,000; 

9 ‘‘(2) for violations occurring during fiscal year 

10 2007, $75,000; and 

11 ‘‘(3) for violations occurring after fiscal year 

12 2007, $100,000. 

13 ‘‘(c) DETERMINATION OF AMOUNT.—In determining 

14 the amount of the penalty, the Secretary shall take into 

15 account the nature, circumstances, extent, and gravity of 

16 the violation committed and, with respect to the violator, 

17 the degree of culpability, history of prior offenses, ability 

18 to pay, and such other matters as justice may require. 

19 ‘‘(d) COMPROMISE, MODIFICATION, AND REMIT20 TAL.—The Secretary may compromise, modify, or remit, 

21 with or without conditions, any civil penalty imposed 

22 under this section.’’. 
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1 SEC. 203. ICEBREAKERS. 

2 (a) IN GENERAL.—The Secretary of the department 

3 in which the Coast Guard is operating shall take all nec4 essary measures— 

5 (1) to ensure that the Coast Guard maintains, 

6 at a minimum, its current vessel capacity for car7 rying out ice-breaking in the Arctic and Antarctic 

8 regions, including the necessary funding for oper9 ation and maintenance of such vessels; and 

10 (2) for the long-term recapitalization of these 

11 assets. 

12 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated for fiscal year 2006 to 

14 the Secretary of the department in which the Coast Guard 

15 is operating $100,000,000 to carry out this section. 

16 SEC. 204. COOPERATIVE AGREEMENTS. 

17 Not later than 180 days after the date of enactment 

18 of this Act, the Secretary of the department in which the 

19 Coast Guard is operating shall provide a report to the Sen20 ate Committee on Commerce, Science, and Transportation 

21 and the House of Representatives Committee on Trans22 portation and Infrastructure on opportunities for and the 

23 feasibility of co-locating Coast Guard assets and personnel 

24 at facilities of other Armed Services branches throughout 

25 the United States. The report shall—

26 (1) identify the locations of possible sites; 
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1 (2) identify opportunities for cooperative agree2 ments that may be established between the Coast 

3 Guard and such facilities with respect to maritime 

4 security and other Coast Guard missions; and 

5 (3) analyze anticipated costs and benefits asso6 ciated with each site and such agreements. 

7 SEC. 205. PILOT PROGRAM FOR DOCKSIDE NO FAULT/NO 

8 COST SAFETY AND SURVIVABILITY EXAMINA9 TIONS FOR UNINSPECTED COMMERCIAL 

10 FISHING VESSELS. 

11 (a) PILOT PROGRAM.—The Secretary shall conduct 

12 a pilot program to determine the effectiveness of manda13 tory dockside crew survivability examinations of 

14 uninspected United States commercial fishing vessels in 

15 reducing the number of fatalities and amount of property 

16 losses in the United States commercial fishing industry. 

17 (b) DEFINITIONS.—In this section: 

18 (1) DOCKSIDE CREW SURVIVABILITY EXAMINA19 TION.—The term ‘‘dockside crew survivability exam20 ination’’ means an examination by a Coast Guard 

21 representative of an uninspected fishing vessel and 

22 its crew at the dock or pier that includes—

23 (A) identification and examination of safe24 ty and survival equipment required by law for 

25 that vessel; 
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1 (B) identification and examination of the 

2 vessel stability standards applicable by law to 

3 that vessel; and 

4 (C) identification and observation of—

5 (i) proper crew training on the ves6 sel’s safety and survival equipment; and 

7 (ii) the crew’s familiarity with vessel 

8 stability and emergency procedures de9 signed to save life at sea and avoid loss or 

10 damage to the vessel. 

11 (2) COAST GUARD REPRESENTATIVE.—The 

12 term ‘‘Coast Guard representative’’ means a Coast 

13 Guard member, civilian employee, Coast Guard 

14 Auxiliarist, or person employed by an organization 

15 accepted or approved by the Coast Guard to examine 

16 commercial fishing industry vessels. 

17 (3) UNINSPECTED FISHING VESSEL.—The term 

18 ‘‘uninspected fishing vessel’’ means a vessel, not in19 cluding fish processing vessels or fish tender vessels 

20 (as defined in section 2101 of title 46, United States 

21 Code), that commercially engages in the catching, 

22 taking, or harvesting of fish or an activity that can 

23 reasonably be expected to result in the catching, tak24 ing, or harvesting of fish. 
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1 (c) SCOPE OF PILOT PROGRAM.—The pilot program 

2 shall be conducted—

3 (1) in at least 5, but no more than 10, major 

4 United States fishing ports where Coast Guard sta5 tistics reveal a high number of fatalities on 

6 uninspected fishing vessels within the 4 fiscal year 

7 period beginning with fiscal year 2000, but shall not 

8 be conducted in Coast Guard districts where a fish9 ing vessel safety program already exists; 

10 (2) for a period of 5 calendar years following 

11 the date of the enactment of this Act; 

12 (3) in consultation with those organizations and 

13 persons identified by the Secretary as directly af14 fected by the pilot program; 

15 (4) as a non-fee service to those persons identi16 fied in paragraph (3) above; 

17 (5) without a civil penalty for any discrepancies 

18 identified during the dockside crew survivability ex19 amination; and 

20 (6) to gather data identified by the Secretary as 

21 necessary to conclude whether dockside crew surviv22 ability examinations reduce fatalities and property 

23 losses in the fishing industry. 

24 (d) REPORT.—Not later than 180 days after end of 

25 the third year of the pilot program, the Secretary shall 
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1 submit a report to the Senate Committee on Commerce, 

2 Science, and Transportation and the House of Represent3 atives Committee on Transportation and Infrastructure on 

4 the results of the pilot program. The report shall in5 clude—

6 (1) an assessment of the costs and benefits of 

7 the pilot program including costs to the industry and 

8 lives and property saved as a result of the pilot pro9 gram; 

10 (2) an assessment of the costs and benefits to 

11 the United States Government of the pilot program 

12 including operational savings such as personnel, 

13 maintenance, etc., from reduced search and rescue 

14 or other operations; and 

15 (3) any other findings and conclusions of the 

16 Secretary with respect to the pilot program. 

17 SEC. 206. REPORTS FROM MORTGAGEES OF VESSELS. 

18 Section 12120 of title 46, United States Code, is 

19 amended by striking ‘‘owners, masters, and charterers’’ 

20 and inserting ‘‘owners, masters, charterers, and mortga21 gees’’. 

22 SEC. 207. INTERNATIONAL TRAINING AND TECHNICAL AS23 SISTANCE. 

24 (a) IN GENERAL.—Section 149 of title 14, United 

25 States Code, is amended—
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1 (1) by striking the section heading and insert2 ing the following: 

3 ‘‘§ 149. Assistance to foreign governments and mari4 time authorities’’; 

5 (2) by inserting ‘‘(a) DETAIL OF MEMBERS TO

6 ASSIST FOREIGN GOVERNMENTS.—’’ before ‘‘The 

7 President’’; and 

8 (3) by adding at the end the following: 

9 ‘‘(b) TECHNICAL ASSISTANCE TO FOREIGN MARI10 TIME AUTHORITIES.—The Commandant, in coordination 

11 with the Secretary of State, may, in conjunction with reg12 ular Coast Guard operations, provide technical assistance, 

13 including law enforcement and maritime safety and secu14 rity training, to foreign navies, coast guards, and other 

15 maritime authorities.’’. 

16 (b) CLERICAL AMENDMENT.—The chapter analysis 

17 for chapter 7 of title 14, United States Code, is amended 

18 by striking the item relating to section 149 and inserting 

19 the following:

‘‘149. Assistance to Foreign Governments and Maritime Authorities.’’.

20 SEC. 208. REFERENCE TO TRUST TERRITORY OF THE PA21 CIFIC ISLANDS. 

22 Section 2102(a) of title 46, United States Code, is 

23 amended—

24 (1) by striking ‘‘37, 43, 51, and 123’’ and in25 serting ‘‘43, 51, 61, and 123’’; 
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1 (2) by striking paragraph (2); and 

2 (3) by redesignating paragraph (3) as para3 graph (2). 

4 SEC. 209. BIO-DIESEL FEASIBILITY STUDY. 

5 (a) STUDY.—The Secretary of the department in 

6 which the Coast Guard is operating shall conduct a study 

7 that examines the technical feasibility, costs, and potential 

8 cost savings of using bio-diesel fuel in new and existing 

9 Coast Guard vehicles and vessels, and which focuses on 

10 the use of bio-diesel fuel in ports which have a high-den11 sity of vessel traffic, including ports for which vessel traf12 fic systems have been established. 

13 (b) REPORT.—Not later than 1 year after the date 

14 of enactment of this Act, the Secretary of the department 

15 in which the Coast Guard is operating shall transmit a 

16 report containing the findings, conclusions, and rec17 ommendations (if any) from the study to the Senate Com18 mittee on Commerce, Science, and Transportation and the 

19 House of Representatives Committee on Transportation 

20 and Infrastructure. 

21 SEC. 210. CERTIFICATION OF VESSEL NATIONALITY IN 

22 DRUG SMUGGLING CASES. 

23 Section 3(c)(2) of the Maritime Drug Law Enforce24 ment Act (46 U.S.C. App. 1903(c)(2)) is amended by 

25 striking the last sentence and inserting ‘‘The response of 
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1 a foreign nation to a claim of registry under subparagraph 

2 (A) or (C) may be made by radio, telephone, or similar 

3 oral or electronic means, and is conclusively proved by cer4 tification of the Secretary of State or the Secretary’s des5 ignee.’’. 

6 SEC. 211. JONES ACT WAIVERS. 

7 Notwithstanding section 27 of the Merchant Marine 

8 Act, 1920 (46 U.S.C. App. 883), a vessel that was not 

9 built in the United States may transport fish or shellfish 

10 within the coastal waters of the State of Maine if the ves11 sel—

12 (1) meets the other requirements of section 27 

13 of the Merchant Marine Act, 1920 (46 U.S.C. App. 

14 883) and section 2 of the Shipping Act, 1916 (46 

15 U.S.C. App. 802) for engaging in the coastwise 

16 trade; 

17 (2) is ineligible for documentation under chap18 ter 121 of title 46, United States Code, because it 

19 measures less than 5 net tons; 

20 (3) has transported fish or shellfish within the 

21 coastal waters of the State of Maine prior to Decem22 ber 31, 2004; and 

23 (4) has not undergone a transfer of ownership 

24 after December 31, 2004. 
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1 SEC. 212. DEEPWATER OVERSIGHT. 

2 No later than 90 days after the date of enactment 

3 of this Act, the Coast Guard, in consultation with Govern4 ment Accountability Office, shall provide a report to the 

5 Senate Committee on Commerce, Science, and Transpor6 tation and the House of Representatives Committee on 

7 Transportation and Infrastructure on—

8 (1) the status of the Coast Guard’s implemen9 tation of Government Accountability Office’s rec10 ommendations in its report, GAO–04–380, ‘‘Coast 

11 Guard Deepwater Program Needs Increased Atten12 tion to Management and Contractor Oversight’’; and 

13 (2) the dates by which the Coast Guard plans 

14 to fully implement such recommendations if any re15 main open as of the date the report is transmitted 

16 to the Committees. 

17 SEC. 213. DEEPWATER REPORT. 

18 The Secretary of Homeland Security shall submit to 

19 the Congress, in conjunction with the transmittal by the 

20 President of the Budget of the United States for Fiscal 

21 Year 2007, a revised Deepwater baseline that includes—

22 (1) a justification for the projected number and 

23 capabilities of each asset (including the ability of 

24 each asset to meet service performance goals); 

25 (2) an accelerated acquisition timeline that re26 flects project completion in 10 years and 15 years 
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1 (included in this timeline shall be the amount of as2 sets procured during each year of the accelerated 

3 program); 

4 (3) the required funding for each accelerated 

5 acquisition timeline that reflects project completion 

6 in 10 years and 15 years; 

7 (4) anticipated costs associated with legacy 

8 asset sustainment for each accelerated acquisition 

9 timeline that reflects project completion in 10 years 

10 and 15 years; 

11 (5) anticipated mission deficiencies, if any, as12 sociated with the continued degradation of legacy as13 sets in combination with the procurement of new as14 sets within each accelerated acquisition timeline that 

15 reflects project completion in 10 years and 15 years; 

16 (6) a comparison of the amount of required as17 sets in the current baseline to the amount of re18 quired assets according to the Coast Guard’s Per19 formance Gap Analysis Study; and 

20 (7) an evaluation of the overall feasibility of 

21 achieving each accelerated acquisition timeline (in22 cluding contractor capacity, national shipbuilding ca23 pacity, asset integration into Coast Guard facilities, 

24 required personnel, training infrastructure capacity 

25 on technology associated with new assets). 
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1 SEC. 214. LORAN–C. 

2 There are authorized to be appropriated to the De3 partment of Transportation, in addition to funds author4 ized for the Coast Guard for operation of the LORAN–

5 C system, for capital expenses related to LORAN–C navi6 gation infrastructure, $25,000,000 for fiscal year 2006 

7 and $25,000,000 for fiscal year 2007. The Secretary of 

8 Transportation may transfer from the Federal Aviation 

9 Administration and other agencies of the Department 

10 funds appropriated as authorized under this section in 

11 order to reimburse the Coast Guard for related expenses. 

12 SEC. 215. LONG-RANGE VESSEL TRACKING SYSTEM. 

13 (a) PILOT PROJECT.—The Secretary of the depart14 ment in which the Coast Guard is operating, acting 

15 through the Commandant of the Coast Guard, shall con16 duct a pilot program for long range tracking of up to 

17 2,000 vessels using satellite systems with an existing non18 profit maritime organization that has a demonstrated ca19 pability of operating a variety of satellite communications 

20 systems providing data to vessel tracking software and 

21 hardware that provides long range vessel information to 

22 the Coast Guard to aid maritime security and response 

23 to maritime emergencies. 

24 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated to the Secretary of the 

26 department in which the Coast Guard is operating 
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1 $4,000,000 for each of fiscal years 2006, 2007, and 2008 

2 to carry out subsection (a). 

3 SEC. 216. MARINE VESSEL AND COLD WATER SAFETY EDU4 CATION. 

5 The Coast Guard shall continue cooperative agree6 ments and partnerships with organizations in effect on the 

7 date of enactment of this Act that provide marine vessel 

8 safety training and cold water immersion education and 

9 outreach programs for fishermen and children. 

10 SEC. 217. SUCTION ANCHORS. 

11 Section 12105 of title 46, United States Code, is 

12 amended by adding at the end the following: 

13 ‘‘(c) No vessel without a registry or coastwise en14 dorsement may engage in the movement of anchors or 

15 other mooring equipment from one point over or on the 

16 United States outer Continental Shelf to another such 

17 point in connection with exploring for, developing, or pro18 ducing resources from the outer Continental Shelf.’’. 

19 TITLE III—UNITED STATES 

20 OCEAN COMMISSION IMPLE21 MENTATION 

22 SEC. 301. PLACE OF REFUGE. 

23 (a) IN GENERAL.—Within 12 months after the date 

24 of enactment of this Act, the United States Coast Guard, 

25 working with hazardous spill response agencies, marine 
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1 salvage companies, State and local law enforcement and 

2 marine agencies, and other Federal agencies including the 

3 National Oceanic and Atmospheric Administration and 

4 the Environmental Protection Agency, shall, in accordance 

5 with the recommendations of the United States Commis6 sion on Ocean Policy in its final report, develop a com7 prehensive and effective process for determining whether 

8 and under what circumstances damaged vessels may seek 

9 a place of refuge in the United States suitable to the spe10 cific nature of distress each vessel is experiencing. 

11 (b) REPORT.—The Commandant of the Coast Guard 

12 shall transmit a report annually to the Senate Committee 

13 on Commerce, Science, and Transportation and the House 

14 of Representatives Committee on Transportation and In15 frastructure describing the process established and any 

16 cases in which a vessel was provided with a place of refuge 

17 in the preceding year. 

18 (c) PLACE OF REFUGE DEFINED.—In this section, 

19 the term ‘‘place of refuge’’ means a place where a ship 

20 in need of assistance can take action to enable it to sta21 bilize its condition and reduce the hazards to navigation 

22 and to protect human life and the environment. 
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1 SEC. 302. IMPLEMENTATION OF INTERNATIONAL AGREE2 MENTS. 

3 The Secretary of the department in which the Coast 

4 Guard is operating shall, in consultation with appropriate 

5 Federal agencies, work with the responsible officials and 

6 agencies of other Nations to accelerate efforts at the Inter7 national Maritime Organization to enhance flag State 

8 oversight and enforcement of security, environmental, and 

9 other agreements adopted within the International Mari10 time Organization, including implementation of—

11 (1) a code outlining flag State responsibilities 

12 and obligations; 

13 (2) an audit regime for evaluating flag State 

14 performance; 

15 (3) measures to ensure that responsible organi16 zations, acting on behalf of flag States, meet estab17 lished performance standards; and 

18 (4) cooperative arrangements to improve en19 forcement on a bilateral, regional or international 

20 basis. 

21 SEC. 303. VOLUNTARY MEASURES FOR REDUCING POLLU22 TION FROM RECREATIONAL BOATS. 

23 The Secretary of the department in which the Coast 

24 Guard is operating shall, in consultation with appropriate 

25 Federal, State, and local government agencies, undertake 

26 outreach programs for educating the owners and operators 
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1 of boats using two-stroke engines about the pollution asso2 ciated with such engines, and shall support voluntary pro3 grams to reduce such pollution and that encourage the 

4 early replacement of older two-stroke engines. 

5 SEC. 304. INTEGRATION OF VESSEL MONITORING SYSTEM 

6 DATA. 

7 The Secretary of the department in which the Coast 

8 Guard is operating shall integrate vessel monitoring sys9 tem data into its maritime operations databases for the 

10 purpose of improving monitoring and enforcement of Fed11 eral fisheries laws, and shall work with the Undersecretary 

12 of Commerce for Oceans and Atmosphere to ensure effec13 tive use of such data for monitoring and enforcement. 

14 SEC. 305. FOREIGN FISHING INCURSIONS. 

15 (a) IN GENERAL.—No later than 180 days after the 

16 date of enactment of this Act, the Secretary of the depart17 ment in which the Coast Guard is operating shall provide 

18 a report to the Senate Committee on Commerce, Science, 

19 and Transportation and the House of Representatives 

20 Committee on Transportation and Infrastructure on steps 

21 that the Coast Guard will take to significantly improve 

22 the Coast Guard’s detection and interdiction of illegal in23 cursions into the United States exclusive economic zone 

24 by foreign fishing vessels. 
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1 (b) SPECIFIC ISSUES TO BE ADDRESSED.—The re2 port shall—

3 (1) focus on areas in the exclusive economic 

4 zone where the Coast Guard has failed to detect or 

5 interdict such incursions in the 4 fiscal year period 

6 beginning with fiscal year 2000, including the West7 ern/Central Pacific; and 

8 (2) include an evaluation of the potential use of 

9 unmanned aircraft and offshore platforms for detect10 ing or interdicting such incursions. 

11 (c) BIENNIAL UPDATES.—The Secretary shall pro12 vide biannual reports updating the Coast Guard’s progress 

13 in detecting or interdicting such incursions to the Senate 

14 Commerce, Science, and Transportation and the House of 

15 Representatives Committee on Transportation and Infra16 structure. 

17 TITLE IV—COAST GUARD PER18 SONNEL, FINANCIAL, AND 

19 PROPERTY MANAGEMENT 

20 SEC. 401. RESERVE OFFICER DISTRIBUTION. 

21 Section 724 of title 14, United States Code, is 

22 amended—

23 (1) by inserting ‘‘Reserve officers on an Active24 duty list shall not be counted as part of the author-
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1 ized number of officers in the Reserve.’’ after 

2 ‘‘5,000.’’ in subsection (a); and 

3 (2) by striking so much of subsection (b) as 

4 precedes paragraph (2) and inserting the following: 

5 ‘‘(b)(1) The Secretary shall, at least once a year, 

6 make a computation to determine the number of Reserve 

7 officers in an active status authorized to be serving in each 

8 grade. The number in each grade shall be computed by 

9 applying the applicable percentage to the total number of 

10 such officers serving in an active status on the date the 

11 computation is made. The number of Reserve officers in 

12 an active status below the grade of rear admiral (lower 

13 half) shall be distributed by pay grade so as not to exceed 

14 percentages of commissioned officers authorized by section 

15 42(b) of this title. When the actual number of Reserve 

16 officers in an active status in a particular pay grade is 

17 less than the maximum percentage authorized, the dif18 ference may be applied to the number in the next lower 

19 grade. A Reserve officer may not be reduced in rank or 

20 grade solely because of a reduction in an authorized num21 ber as provided for in this subsection, or because an excess 

22 results directly from the operation of law.’’. 

23 SEC. 402. COAST GUARD BAND DIRECTOR. 

24 (a) BAND DIRECTOR APPOINTMENT AND GRADE.—

25 Section 336 of title 14, United States Code, is amended—
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1 (1) by striking the first sentence of subsection 

2 (b) and inserting ‘‘The Secretary may designate as 

3 the director any individual determined by the Sec4 retary to possess the necessary qualifications.’’; 

5 (2) by striking ‘‘a member so designated’’ in 

6 the second sentence of subsection (b) and inserting 

7 ‘‘an individual so designated’’; 

8 (3) by striking ‘‘of a member’’ in subsection (c) 

9 and inserting ‘‘of an individual’’; 

10 (4) by striking ‘‘of lieutenant (junior grade) or 

11 lieutenant.’’ in subsection (c) and inserting ‘‘deter12 mined by the Secretary to be most appropriate to 

13 the qualifications and experience of the appointed in14 dividual.’’; 

15 (5) by striking ‘‘A member’’ in subsection (d) 

16 and inserting ‘‘An individual’’; and 

17 (6) by striking ‘‘When a member’s designation 

18 is revoked,’’in subsection (e) and inserting ‘‘When 

19 an individual’s designation is revoked,’’. 

20 (b) CURRENT DIRECTOR.—The incumbent Coast 

21 Guard Band Director on the date of enactment of this 

22 Act may be immediately promoted to a commissioned 

23 grade, not to exceed captain, determined by the Secretary 

24 of the department in which the Coast Guard is operating 
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1 to be most appropriate to the qualifications and experience 

2 of that individual. 

3 SEC. 403. RESERVE RECALL AUTHORITY. 

4 Section 712 of title 14, United States Code, is 

5 amended—

6 (1) by striking ‘‘during’’ in subsection (a) and 

7 inserting ‘‘during, or to aid in prevention of an im8 minent,’’; 

9 (2) by striking ‘‘or catastrophe,’’ in subsection 

10 (a) and inserting ‘‘catastrophe, act of terrorism (as 

11 defined in section 2(15) of the Homeland Security 

12 Act of 2002 (6 U.S.C. 101(15))), or transportation 

13 security incident as defined in section 70101 of title 

14 46, United States Code,’’; 

15 (3) by striking ‘‘thirty days in any four month 

16 period’’ in subsection (a) and inserting ‘‘60 days in 

17 any 4-month period’’; 

18 (4) by striking ‘‘sixty days in any two-year pe19 riod’’ in subsection (a) and inserting ‘‘120 days in 

20 any 2-year period’’; and 

21 (5) by adding at the end the following: 

22 ‘‘(e) For purposes of calculating the duration of ac23 tive duty allowed pursuant to subsection (a), each period 

24 of active duty shall begin on the first day that a member 

25 reports to active duty, including for purposes of training.’’. 
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1 SEC. 404. EXPANSION OF EQUIPMENT USED BY AUXILIARY 

2 TO SUPPORT COAST GUARD MISSIONS. 

3 (a) MOTORIZED VEHICLE AS FACILITY.—Section 826 

4 of title 14, United States Code, is amended—

5 (1) by inserting ‘‘(a)’’ before ‘‘Members’’; and 

6 (2) adding at the end the following: 

7 ‘‘(b) The Coast Guard may utilize to carry out its 

8 functions and duties as authorized by the Secretary any 

9 motorized vehicle placed at its disposition by any member 

10 of the auxiliary, by any corporation, partnership, or asso11 ciation, or by any State or political subdivision thereof to 

12 tow government property.’’. 

13 (b) APPROPRIATIONS FOR FACILITIES.—Section 

14 830(a) of title 14, United States Code, is amended by 

15 striking ‘‘or radio station’’ each place it appears and in16 serting ‘‘radio station, or motorized vehicle utilized under 

17 section 826(b)’’. 

18 SEC. 405. AUTHORITY FOR ONE-STEP TURNKEY DESIGN19 BUILD CONTRACTING. 

20 (a) IN GENERAL.—Chapter 17 of title 14, United 

21 States Code, is amended by adding at the end the fol22 lowing: 

23 ‘‘§ 677. Turn-key selection procedures 

24 ‘‘(a) AUTHORITY TO USE.—The Secretary may use 

25 one-step turn-key selection procedures for the purpose of 

26 entering into contracts for construction projects. 
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1 ‘‘(b) DEFINITIONS.—In this section—

2 ‘‘(1) ONE-STEP TURN-KEY SELECTION PROCE3 DURES.—The term ‘one-step turn-key selection pro4 cedures’ means procedures used for the selection of 

5 a contractor on the basis of price and other evalua6 tion criteria to perform, in accordance with the pro7 visions of a firm fixed-price contract, both the design 

8 and construction of a facility using performance 

9 specifications supplied by the Secretary. 

10 ‘‘(2) CONSTRUCTION.—The term ‘construction’ 

11 includes the construction, procurement, development, 

12 conversion, or extension, of any facility. 

13 ‘‘(3) FACILITY.—The term ‘facility’ means a 

14 building, structure, or other improvement to real 

15 property.’’. 

16 (b) CLERICAL AMENDMENT.—The chapter analysis 

17 for chapter 17 of title 14, United States Code, is amended 

18 by inserting after the item relating to section 676 the fol19 lowing:

‘‘677. Turn-key selection procedures.’’.

20 SEC. 406. OFFICER PROMOTION. 

21 Section 257 of title 14, United States Code, is 

22 amended by adding at the end the following: 

23 ‘‘(f) The Secretary of the Department in which the 

24 Coast Guard is operating may waive subsection (a) of this 

25 section to the extent necessary to allow officers described 
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1 therein to have at least 2 opportunities for consideration 

2 for promotion to the next higher grade as officers below 

3 the promotion zone.’’. 

4 SEC. 407. REDESIGNATION OF COAST GUARD LAW SPECIAL5 ISTS AS JUDGE ADVOCATES. 

6 (a) Section 801 of title 10, United States Code, is 

7 amended—

8 (1) by striking ‘‘The term ‘law specialist’ ’’ in 

9 paragraph (11) and inserting ‘‘The term ‘judge ad10 vocate’, in the Coast Guard,’’; 

11 (2) by striking ‘‘advocate; or’’ in paragraph 

12 (13) and inserting ‘‘advocate.’’; and 

13 (3) by striking subparagraph (C) of paragraph 

14 (13). 

15 (b) Section 727 of title 14, United States Code, is 

16 amended by striking ‘‘law specialist’’ and inserting ‘‘judge 

17 advocate’’. 

18 (c) Section 465(a)(2) of the Social Security Act (42 

19 U.S.C. 665(a)(2)) is amended by striking ‘‘law specialist’’ 

20 and inserting ‘‘judge advocate’’. 

21 SEC. 408. BOATING SAFETY DIRECTOR. 

22 (a) IN GENERAL.—Subchapter A of chapter 11 of 

23 title 14, United States Code, is amended by adding at the 

24 end the following: 
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1 ‘‘§ 337. Director, Office of Boating Safety 

2 ‘‘The initial appointment of the Director of the Boat3 ing Safety Office shall be in the grade of Captain.’’. 

4 (b) CLERICAL AMENDMENT.—The chapter analysis 

5 for chapter 11 of title 14, United States Code, is amended 

6 by inserting after the item relating to section 336 the fol7 lowing:

‘‘337. Director, Office of Boating Safety.’’.

8 SEC. 409. HANGAR AT COAST GUARD AIR STATION BAR9 BERS POINT. 

10 No later than 180 days after the date of enactment 

11 of this Act, the Secretary of the Department in which the 

12 Coast Guard is operating shall provide the Senate Com13 mittee on Commerce, Science, and Transportation and the 

14 House of Representatives Committee on Transportation 

15 and Infrastructure with a proposal and cost analysis for 

16 constructing an enclosed hangar at Air Station Barbers 

17 Point. The proposal should ensure that the hangar has 

18 the capacity to shelter current aircraft assets and those 

19 projected to be located at the station over the next 20 

20 years.

21 SEC. 410. PROMOTION OF COAST GUARD OFFICERS. 

22 (a) IN GENERAL.—Section 211(a) of title 14, United 

23 States Code, is amended to read as follows: 

24 ‘‘(a)(1) The President may appoint permanent com25 missioned officers in the Regular Coast Guard in grades 
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1 appropriate to their qualification, experience, and length 

2 of service, as the needs of the Coast Guard may require, 

3 from among the following categories: 

4 ‘‘(A) Graduates of the Coast Guard Academy. 

5 ‘‘(B) Commissioned warrant officers, warrant of6 ficers, and enlisted members of the Regular Coast 

7 Guard. 

8 ‘‘(C) Members of the Coast Guard Reserve who 

9 have served at least 2 years as such. 

10 ‘‘(D) Licensed officers of the United States mer11 chant marine who have served 2 or more years aboard 

12 a vessel of the United States in the capacity of a li13 censed officer. 

14 ‘‘(2) Original appointments under this section in the 

15 grades of lieutenant commander and above shall be made 

16 by the President by and with the advice and consent of the 

17 Senate. 

18 ‘‘(3) Original appointments under this section in the 

19 grades of ensign through lieutenant shall be made by the 

20 President alone.’’. 

21 (b) WARTIME TEMPORARY SERVICE PROMOTION.—

22 Section 275(f) of title 14, United States Code, is amended 

23 by striking the second and third sentences and inserting 

24 ‘‘Original appointments under this section in the grades of 

25 lieutenant commander and above shall be made by the 
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1 President by and with the advice and consent of the Senate. 

2 Original appointments under this section in the grades of 

3 ensign through lieutenant shall be made by the President 

4 alone.’’.

5 TITLE V—TECHNICAL AND 

6 CONFORMING AMENDMENTS 

7 SEC. 501. GOVERNMENT ORGANIZATION. 

8 Title 5, United States Code, is amended—

9 (1) by inserting ‘‘The Department of Homeland 

10 Security.’’ after ‘‘The Department of Veterans Af11 fairs.’’ in section 101; 

12 (2) by inserting ‘‘the Secretary of Homeland 

13 Security,’’ in section 2902(b) after ‘‘Secretary of the 

14 Interior,’’; and 

15 (3) in sections 5520a(k)(3), 5595(h)(5), 

16 6308(b), and 9001(10), by striking ‘‘of Transpor17 tation’’ each place it appears and inserting ‘‘of 

18 Homeland Security’’. 

19 SEC. 502. WAR AND NATIONAL DEFENSE. 

20 The Soldiers’ and Sailors’ Civil Relief Act of 1940 

21 (Public Law 76–861, 56 Stat. 1178, 50 U.S.C. App. 501 

22 et seq.) is amended—

23 (1) by striking ‘‘Secretary of Transportation’’ 

24 each place it appears in section 515 and inserting 

25 ‘‘Secretary of Homeland Security’’; and 
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1 (2) by striking ‘‘Secretary of Transportation’’ 

2 in section 530(d) and inserting ‘‘Secretary of Home3 land Security’’. 

4 SEC. 503. FINANCIAL MANAGEMENT. 

5 Title 31, United States Code, is amended—

6 (1) by striking ‘‘of Transportation’’ in section 

7 3321(c) and inserting ‘‘of Homeland Security.’’; 

8 (2) by striking ‘‘of Transportation’’ in section 

9 3325(b) and inserting ‘‘of Homeland Security’’; 

10 (3) by striking ‘‘of Transportation’’ each place 

11 it appears in section 3527(b)(1) and inserting ‘‘of 

12 Homeland Security’’; and 

13 (4) by striking ‘‘of Transportation’’ in section 

14 3711(f) and inserting ‘‘of Homeland Security’’. 

15 SEC. 504. PUBLIC CONTRACTS. 

16 Section 11 of title 41, United States Code, is amend17 ed by striking ‘‘of Transportation’’ each place it appears 

18 and inserting ‘‘of Homeland Security’’. 

19 SEC. 505. PUBLIC PRINTING AND DOCUMENTS. 

20 Sections 1308 and 1309 of title 44, United States 

21 Code, are amended by striking ‘‘of Transportation’’ each 

22 place it appears and inserting ‘‘of Homeland Security’’. 

23 SEC. 506. SHIPPING. 

24 Title 46, United States Code, is amended—
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1 (1) by striking ‘‘a Coast Guard or’’ in section 

2 2109; 

3 (2) by striking the second sentence of section 

4 6308(a) and inserting ‘‘Any employee of the Depart5 ment of Transportation, and any member of the 

6 Coast Guard, investigating a marine casualty pursu7 ant to section 6301 of this title, shall not be subject 

8 to deposition or other discovery, or otherwise testify 

9 in such proceedings relevant to a marine casualty in10 vestigation, without the permission of the Secretary 

11 of Transportation for Department of Transportation 

12 employees or the Secretary of Homeland Security for 

13 military members or civilian employees of the Coast 

14 Guard.’’; and 

15 (3) by striking ‘‘of Transportation’’ in section 

16 13106(c) and inserting ‘‘of Homeland Security’’. 

17 SEC. 507. TRANSPORTATION; ORGANIZATION. 

18 Section 324 of title 49, United States Code, is 

19 amended by striking subsection (b); and redesignating 

20 subsections (c) and (d) as subsections (b) and (c), respec21 tively. 

22 SEC. 508. MORTGAGE INSURANCE. 

23 Section 222 of the National Housing Act of 1934 (12 

24 U.S.C. 1715m) is amended by striking ‘‘of Transpor-
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1 tation’’ each place it appears and inserting ‘‘of Homeland 

2 Security’’. 

3 SEC. 509. ARCTIC RESEARCH. 

4 Section 107(b)(2) of the Arctic Research and Policy 

5 Act of 1984 (15 U.S.C. 4106(b)(2)) is amended—

6 (1) by striking ‘‘and’’ after the semicolon in 

7 subparagraph (J); 

8 (2) by redesignating subparagraph (K) as sub9 paragraph (L); and 

10 (3) by inserting after subparagraph (J) the fol11 lowing new subparagraph: 

12 ‘‘(K) the Department of Homeland Security; 

13 and’’. 

14 SEC. 510. CONSERVATION. 

15 (a) Section 1029(e)(2)(B) of the Bisti/De-Na-Zin 

16 Wilderness Expansion and Fossil Protection Act of 1996 

17 (16 U.S.C. 460kkk(e)) is amended by striking ‘‘of Trans18 portation’’ and inserting ‘‘of Homeland Security’’. 

19 (b) Section 312(a)(2)(C) of the Antarctic Marine Liv20 ing Resources Convention Act of 1984 (16 U.S.C. 

21 2441(c)) is amended by striking ‘‘of Transportation’’ and 

22 inserting ‘‘of Homeland Security’’. 

23 SEC. 511. CONFORMING AMENDMENT. 

24 Section 3122 of the Internal Revenue Code of 1986 

25 is amended by striking ‘‘Secretary of Transportation’’ 
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1 each place it appears and inserting ‘‘Secretary of the De2 partment in which the Coast Guard is operating’’. 

3 SEC. 512. ANCHORAGE GROUNDS. 

4 Section 7 of the Rivers and Harbors Act of 1915 (33 

5 U.S.C. 471) is amended by striking ‘‘of Transportation’’ 

6 and inserting ‘‘of Homeland Security’’. 

7 SEC. 513. BRIDGES. 

8 Section 4 of the General Bridge Act of 1906 (33 

9 U.S.C. 491) is amended by striking ‘‘of Transportation’’ 

10 and inserting ‘‘of Homeland Security’’. 

11 SEC. 514. LIGHTHOUSES. 

12 (a) Section 1 of Public Law 70–803 (33 U.S.C. 747b) 

13 is amended by striking ‘‘of Transportation’’ and inserting 

14 ‘‘of Homeland Security’’. 

15 (b) Section 2 of Public Law 65–174 (33 U.S.C. 748) 

16 is amended by striking ‘‘of Transportation’’ and inserting 

17 ‘‘of Homeland Security’’. 

18 (c) Sections 1 and 2 of Public Law 75–515 (33 

19 U.S.C. 745a, 748a) are amended by striking ‘‘of Trans20 portation’’ each place it appears and inserting ‘‘of Home21 land Security’’. 

22 SEC. 515. OIL POLLUTION. 

23 The Oil Pollution Act of 1990 (33 U.S.C. 2701 et. 

24 seq.) is amended—
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1 (1) by inserting ‘‘Homeland Security,’’ in sec2 tion 5001(c)(1)(B) (33 U.S.C. 2731(c)(1)(B)) after 

3 ‘‘the Interior,’’; 

4 (2) by striking ‘‘of Transportation.’’ in section 

5 5002(m)(4) (33 U.S.C. 2732(m)(4)) and inserting 

6 ‘‘of Homeland Security.’’; 

7 (3) by striking section 7001(a)(3) (33 U.S.C. 

8 2761(a)(3)) and inserting the following: 

9 ‘‘(3) MEMBERSHIP.— 

10 ‘‘(A) The Interagency Committee shall include 

11 representatives from the Department of Commerce 

12 (including the National Oceanic and Atmospheric 

13 Administration and the National Institute of Stand14 ards and Technology), the Department of Energy, 

15 the Department of the Interior (including the Min16 erals Management Service and the United States 

17 Fish and Wildlife Service), the Department of 

18 Transportation (including the Maritime Administra19 tion and the Pipeline and Hazardous Materials Safe20 ty Administration), the Department of Defense (in21 cluding the Army Corps of Engineers and the Navy), 

22 the Department of Homeland Security (including the 

23 United States Coast Guard and the United States 

24 Fire Administration in the Federal Emergency Man25 agement Agency), the Environmental Protection 
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1 Agency, and the National Aeronautics and Space 

2 Administration, as well as such other Federal agen3 cies the President may designate. 

4 ‘‘(B) A representative of the Department of 

5 Transportation shall serve as Chairman.’’; and 

6 (4) by striking ‘‘other’’ in section 7001(c)(6) 

7 (33 U.S.C. 2761(c)(6)) before ‘‘such agencies’’. 

8 SEC. 516. MEDICAL CARE. 

9 Section 1(g)(4)(B) of the Medical Care Recovery Act 

10 of 1962 (42 U.S.C. 2651(g)(4)(B)) is amended by striking 

11 ‘‘of Transportation,’’ and inserting ‘‘of Homeland Secu12 rity,’’. 

13 SEC. 517. CONFORMING AMENDMENT TO SOCIAL SECURITY 

14 ACT. 

15 Section 201(p)(3) of the Social Security Act (42 

16 U.S.C. 405(p)(3)) is amended by striking ‘‘of Transpor17 tation’’ each place it appears and inserting ‘‘of Homeland 

18 Security’’. 

19 SEC. 518. SHIPPING. 

20 Section 27 of the Merchant Marine Act of 1920 (46 

21 U.S.C. App. 883) is amended by striking ‘‘Satisfactory in22 spection shall be certified in writing by the Secretary of 

23 Transportation’’ and inserting ‘‘Satisfactory inspection 

24 shall be certified in writing by the Secretary of Homeland 

25 Security.’’. 
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1 SEC. 519. NONTANK VESSELS. 

2 Section 311(a)(26) of the Federal Water Pollution 

3 Control Act (33 U.S.C. 1321(A)(26)) is amended to read 

4 as follows: 

5 ‘‘(26) ‘nontank vessel’ means a self-propelled 

6 vessel—

7 ‘‘(A) of at least 400 gross tons as meas8 ured under section 14302 of title 46, United 

9 States Code, or, for vessels not measured under 

10 that section, as measured under section 14502 

11 of that title; 

12 ‘‘(B) other than a tank vessel; 

13 ‘‘(C) that carries oil of any kind as fuel for 

14 main propulsion; and 

15 ‘‘(D) that is a vessel of the United States 

16 or that operates on the navigable waters of the 

17 United States including all waters of the terri18 torial sea of the United States as described in 

19 Presidential Proclamation No. 5928 of Decem20 ber 27, 1988.’’. 

21 SEC. 520. DRUG INTERDICTION REPORT. 

22 (a) IN GENERAL.—Section 89 of title 14, United 

23 States Code, is amended by adding at the end the fol24 lowing: 

25 ‘‘(d) QUARTERLY REPORTS ON DRUG INTERDIC26 TION.—Not later than 30 days after the end of each fiscal 
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1 year quarter, the Secretary of Homeland Security shall 

2 submit to the House of Representatives Committee on 

3 Transportation and Infrastructure and the Senate Com4 mittee on Commerce, Science, and Transportation a re5 port on all expenditures related to drug interdiction activi6 ties of the Coast Guard on an annual basis.’’. 

7 (b) CONFORMING AMENDMENT.—Section 103 of the 

8 Coast Guard Authorization Act of 1996 (14 U.S.C. 89 

9 note) is repealed. 

10 SEC. 521. ACTS OF TERRORISM REPORT. 

11 Section 905 of the Omnibus Diplomatic Security and 

12 Antiterrorism Act of 1986 (46 U.S.C. App. 1802) is 

13 amended—

14 (1) by striking ‘‘Not later than February 28, 

15 1987, and annually thereafter, the Secretary of 

16 Transportation shall report’’ and inserting ‘‘The 

17 Secretary of Homeland Security shall report annu18 ally’’; and 

19 (2) by inserting ‘‘Beginning with the first re20 port submitted under this section after the date of 

21 enactment of the Maritime Transportation Security 

22 Act of 2002, the Secretary shall include a descrip23 tion of activities undertaken under title I of that Act 

24 and an analysis of the effect of those activities on 
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1 port security against acts of terrorism.’’ after 

2 ‘‘ports.’’. 

3 TITLE VI—EFFECTIVE DATES 

4 SEC. 601. EFFECTIVE DATES. 

5 (a) IN GENERAL.—Except as provided in subsection 

6 (b), this Act and the amendments made by this Act shall 

7 take effect on the date of enactment. 

8 (b) EXCEPTION.—Sections 501 through 518 of this 

9 Act and the amendments made by those sections shall take 

10 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 for other purposes and 2007 for the United States Coast Guard, 

JULY 28, 2005

Reported with amendments