II 

109TH CONGRESS 

1ST SESSION S. 1280 

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, and Mr. INOUYE) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science and Transportation 

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’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 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. 
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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. 

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. 
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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. 
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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)). 

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, $1,424,852,000, 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) $1,100,000,000 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, $24,000,000, 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, $1,014,080,000, 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, $17,400,000, 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 $12,000,000, 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, $119,000,000. 

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

14 year 2007 to the Secretary of the department in which 

15 the Coast Guard is operating the following amounts: 

16 (1) For the operation and maintenance of the 

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

18 is authorized to be derived from the Oil Spill Liabil19 ity Trust Fund to carry out the purposes of section 

20 1012(a)(5) of the Oil Pollution Act of 1990 (33 

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

22 (2) For the acquisition, construction, renova23 tion, and improvement of aids to navigation, shore 

24 and offshore facilities, vessels, and aircraft, includ-
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1 ing equipment related thereto, $1,538,840,160, to 

2 remain available until expended, of which— 

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

4 Oil Spill Liability Trust Fund to carry out the 

5 purposes of section 1012(a)(5) of the Oil Pollu6 tion Act of 1990 (33 U.S.C. 2712(a)(5)); and 

7 (B) $1,188,000,000 is authorized for ac8 quisition and construction of shore and offshore 

9 facilities, vessels, and aircraft, including equip10 ment related thereto, and other activities that 

11 constitute the Integrated Deepwater Systems. 

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

13 Coast Guard for research, development, test, and 

14 evaluation of technologies, materials, and human 

15 factors directly relating to improving the perform16 ance of the Coast Guard’s mission in search and res17 cue, aids to navigation, marine safety, marine envi18 ronmental protection, enforcement of laws and trea19 ties, ice operations, oceanographic research, and de20 fense readiness, $25,920,000, to remain available 

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

22 from the Oil Spill Liability Trust Fund to carry out 

23 the purposes of section 1012(a)(5) of the Oil Pollu24 tion Act of 1990 (33 U.S.C. 2712(a)(5)). 
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1 (4) For retired pay (including the payment of 

2 obligations otherwise chargeable to lapsed appropria3 tions for this purpose), payments under the Retired 

4 Serviceman’s Family Protection and Survivor Ben5 efit Plans, and payments for medical care of retired 

6 personnel and their dependents under chapter 55 of 

7 title 10, United States Code, $1,095,206,400, to re8 main available until expended. 

9 (5) For alteration or removal of bridges over 

10 navigable waters of the United States constituting 

11 obstructions to navigation, and for personnel and 

12 administrative costs associated with the Bridge Al13 teration Program, $18,792,000, of which 

14 $2,500,000, to remain available until expended, may 

15 be utilized for construction of a new Chelsea Street 

16 Bridge over the Chelsea River in Boston, Massachu17 setts. 

18 (6) For environmental compliance and restora19 tion $12,960,000, to remain available until expended 

20 for environmental compliance and restoration func21 tions under chapter 19 of title 14, United States 

22 Code. 

23 (7) For operation and maintenance of the Coast 

24 Guard reserve program, $128,520,000. 
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1 SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 

2 AND TRAINING. 

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

4 authorized an end-of-year strength of active duty per5 sonnel of 45,500 as of September 30, 2006. 

6 (b) MILITARY TRAINING STUDENT LOADS.—For fis7 cal year 2006, the Coast Guard is authorized average mili8 tary training student loads as follows: 

9 (1) For recruit and special training, 2,500 stu10 dent years. 

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

12 (3) For professional training in military and ci13 vilian institutions, 350 student years. 

14 (4) For officer acquisition, 1,200 student years. 

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

16 There are authorized to be appropriated for fiscal 

17 year 2006 to the Secretary of the department in which 

18 the Coast Guard is operating $1,000,000 to continue de19 ployment of a web-based risk management system to help 

20 reduce accidents and fatalities. 
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1 TITLE II—HOMELAND SECURITY, 

2 MARINE SAFETY, FISHERIES, 

3 AND ENVIRONMENTAL PRO4 TECTION 

5 SEC. 201. EXTENSION OF COAST GUARD VESSEL ANCHOR6 AGE AND MOVEMENT AUTHORITY. 

7 Section 91 of title 14, United States Code, is amend8 ed by adding at the end the following: 

9 ‘‘(d) As used in this section, the term ‘navigable wa10 ters of the United States’ includes all waters of the terri11 torial sea of the United States as described in Presidential 

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

13 SEC. 202. ENHANCED CIVIL PENALTIES FOR VIOLATIONS 

14 OF THE MARITIME TRANSPORTATION SECU15 RITY ACT. 

16 The second section enumerated 70119 of title 46, 

17 United States Code, is amended— 

18 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

19 ‘‘Any’’; and 

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

21 ‘‘(b) CONTINUING VIOLATIONS.—Each day of a con22 tinuing violation shall constitute a separate violation, with 

23 a total fine per violation not to exceed— 

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

25 2006, $50,000; 
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1 ‘‘(2) for violations occurring during fiscal year 

2 2007, $75,000; and 

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

4 2007, $100,000. 

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

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

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

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

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

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

11 ‘‘(d) COMPROMISE, MODIFICATION, AND REMIT12 TAL.—The Secretary may compromise, modify, or remit, 

13 with or without conditions, any civil penalty imposed 

14 under this section.’’. 

15 SEC. 203. ICEBREAKERS. 

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

17 in which the Coast Guard is operating shall take all nec18 essary measures— 

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

20 at a minimum, its current vessel capacity for car21 rying out ice-breaking in the Arctic and Antarctic 

22 regions, including the necessary funding for oper23 ation and maintenance of such vessels; and 

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

25 assets. 
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated for fiscal year 2006 to 

3 the Secretary of the department in which the Coast Guard 

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

5 SEC. 204. COOPERATIVE AGREEMENTS. 

6 Not later than 180 days after the date of enactment 

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

8 Coast Guard is operating shall provide a report to the Sen9 ate Committee on Commerce, Science, and Transportation 

10 and the House of Representatives Committee on Trans11 portation and Infrastructure on opportunities for and the 

12 feasibility of co-locating Coast Guard assets and personnel 

13 at facilities of other Armed Services branches throughout 

14 the United States. The report shall— 

15 (1) identify the locations of possible sites; 

16 (2) identify opportunities for cooperative agree17 ments that may be established between the Coast 

18 Guard and such facilities with respect to maritime 

19 security and other Coast Guard missions; and 

20 (3) analyze anticipated costs and benefits asso21 ciated with each site and such agreements. 
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1 SEC. 205. PILOT PROGRAM FOR DOCKSIDE NO FAULT/NO 

2 COST SAFETY AND SURVIVABILITY EXAMINA3 TIONS FOR UNINSPECTED COMMERCIAL 

4 FISHING VESSELS. 

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

6 a pilot program to determine the effectiveness of manda7 tory dockside crew survivability examinations of 

8 uninspected United States commercial fishing vessels in 

9 reducing the number of fatalities and amount of property 

10 losses in the United States commercial fishing industry. 

11 (b) DEFINITIONS.—In this section: 

12 (1) DOCKSIDE CREW SURVIVABILITY EXAMINA13 TION.—The term ‘‘dockside crew survivability exam14 ination’’ means an examination by a Coast Guard 

15 representative of an uninspected fishing vessel and 

16 its crew at the dock or pier that includes— 

17 (A) identification and examination of safe18 ty and survival equipment required by law for 

19 that vessel; 

20 (B) identification and examination of the 

21 vessel stability standards applicable by law to 

22 that vessel; and 

23 (C) identification and observation of— 

24 (i) proper crew training on the ves25 sel’s safety and survival equipment; and 
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1 (ii) the crew’s familiarity with vessel 

2 stability and emergency procedures de3 signed to save life at sea and avoid loss or 

4 damage to the vessel. 

5 (2) COAST GUARD REPRESENTATIVE.—The 

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

7 Guard member, civilian employee, Coast Guard 

8 Auxiliarist, or person employed by an organization 

9 accepted or approved by the Coast Guard to examine 

10 commercial fishing industry vessels. 

11 (3) UNINSPECTED FISHING VESSEL.—The term 

12 ‘‘uninspected fishing vessel’’ means a vessel, not in13 cluding fish processing vessels or fish tender vessels 

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

15 Code), that commercially engages in the catching, 

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

17 reasonably be expected to result in the catching, tak18 ing, or harvesting of fish. 

19 (c) SCOPE OF PILOT PROGRAM.—The pilot program 

20 shall be conducted— 

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

22 United States fishing ports where Coast Guard sta23 tistics reveal a high number of fatalities on 

24 uninspected fishing vessels within the 4 fiscal year 

25 period beginning with fiscal year 2000, but shall not 
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1 be conducted in Coast Guard districts where a fish2 ing vessel safety program already exists; 

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

4 the date of the enactment of this Act; 

5 (3) in consultation with those organizations and 

6 persons identified by the Secretary as directly af7 fected by the pilot program; 

8 (4) as a non-fee service to those persons identi9 fied in paragraph (3) above; 

10 (5) without a civil penalty for any discrepancies 

11 identified during the dockside crew survivability ex12 amination; and 

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

14 necessary to conclude whether dockside crew surviv15 ability examinations reduce fatalities and property 

16 losses in the fishing industry. 

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

18 the third year of the pilot program, the Secretary shall 

19 submit a report to the Senate Committee on Commerce, 

20 Science, and Transportation and the House of Represent21 atives Committee on Transportation and Infrastructure on 

22 the results of the pilot program. The report shall in23 clude— 

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

25 the pilot program including costs to the industry and 
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1 lives and property saved as a result of the pilot pro2 gram; 

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

4 the United States Government of the pilot program 

5 including operational savings such as personnel, 

6 maintenance, etc., from reduced search and rescue 

7 or other operations; and 

8 (3) any other findings and conclusions of the 

9 Secretary with respect to the pilot program. 

10 SEC. 206. REPORTS FROM MORTGAGEES OF VESSELS. 

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

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

13 and inserting ‘‘owners, masters, charterers, and mortga14 gees’’. 

15 SEC. 207. INTERNATIONAL TRAINING AND TECHNICAL AS16 SISTANCE. 

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

18 States Code, is amended— 

19 (1) by striking the section heading and insert20 ing the following: 

21 ‘‘§ 149. Assistance to foreign governments and mari22 time authorities’’; 

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

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

25 President’’; and 
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1 (3) by adding at the end the following: 

2 ‘‘(b) TECHNICAL ASSISTANCE TO FOREIGN MARI3 TIME AUTHORITIES.—The Commandant, in coordination 

4 with the Secretary of State, may, in conjunction with reg5 ular Coast Guard operations, provide technical assistance, 

6 including law enforcement and maritime safety and secu7 rity training, to foreign navies, coast guards, and other 

8 maritime authorities.’’. 

9 (b) CLERICAL AMENDMENT.—The chapter analysis 

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

11 by striking the item relating to section 149 and inserting 

12 the following: 

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

13 SEC. 208. REFERENCE TO TRUST TERRITORY OF THE PA14 CIFIC ISLANDS. 

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

16 amended— 

17 (1) by striking ‘‘37, 43, 51, and 123’’ and in18 serting ‘‘43, 51, 61, and 123’’; 

19 (2) by striking paragraph (2); and 

20 (3) by redesignating paragraph (3) as para21 graph (2). 

22 SEC. 209. BIO-DIESEL FEASIBILITY STUDY. 

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

24 which the Coast Guard is operating shall conduct a study 

25 that examines the technical feasibility, costs, and potential 
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1 cost savings of using bio-diesel fuel in new and existing 

2 Coast Guard vehicles and vessels, and which focuses on 

3 the use of bio-diesel fuel in ports which have a high-den4 sity of vessel traffic, including ports for which vessel traf5 fic systems have been established. 

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

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

8 in which the Coast Guard is operating shall transmit a 

9 report containing the findings, conclusions, and rec10 ommendations (if any) from the study to the Senate Com11 mittee on Commerce, Science, and Transportation and the 

12 House of Representatives Committee on Transportation 

13 and Infrastructure. 

14 SEC. 210. CERTIFICATION OF VESSEL NATIONALITY IN 

15 DRUG SMUGGLING CASES. 

16 Section 3(c)(2) of the Maritime Drug Law Enforce17 ment Act (46 U.S.C. App. 1903(c)(2)) is amended by 

18 striking the last sentence and inserting ‘‘The response of 

19 a foreign nation to a claim of registry under subparagraph 

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

21 oral or electronic means, and is conclusively proved by cer22 tification of the Secretary of State or the Secretary’s des23 ignee.’’. 
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1 SEC. 211. JONES ACT WAIVERS. 

2 Notwithstanding section 27 of the Merchant Marine 

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

4 built in the United States may transport fish or shellfish 

5 within the coastal waters of the State of Maine if the ves6 sel— 

7 (1) meets the other requirements of section 27 

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

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

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

11 trade; 

12 (2) is ineligible for documentation under chap13 ter 121 of title 46, United States Code, because it 

14 measures less than 5 net tons; 

15 (3) has transported fish or shellfish within the 

16 coastal waters of the State of Maine prior to Decem17 ber 31, 2004; and 

18 (4) has not undergone a transfer of ownership 

19 after December 31, 2004. 

20 SEC. 212. DEEPWATER OVERSIGHT. 

21 No later than 90 days after the date of enactment 

22 of this Act, the Coast Guard, in consultation with Govern23 ment Accountability Office, shall provide a report to the 

24 Senate Committee on Commerce, Science, and Transpor25 tation and the House of Representatives Committee on 

26 Transportation and Infrastructure on— 
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1 (1) the status of the Coast Guard’s implemen2 tation of Government Accountability Office’s rec3 ommendations in its report, GAO–04–380, ‘‘Coast 

4 Guard Deepwater Program Needs Increased Atten5 tion to Management and Contractor Oversight’’; and 

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

7 to fully implement such recommendations if any re8 main open as of the date the report is transmitted 

9 to the Committees. 

10 SEC. 213. DEEPWATER REPORT. 

11 The Secretary of Homeland Security shall submit to 

12 the Congress, in conjunction with the transmittal by the 

13 President of the Budget of the United States for Fiscal 

14 Year 2007, a revised Deepwater baseline that includes— 

15 (1) a justification for the projected number and 

16 capabilities of each asset (including the ability of 

17 each asset to meet service performance goals); 

18 (2) an accelerated acquisition timeline that re19 flects project completion in 10 years and 15 years 

20 (included in this timeline shall be the amount of as21 sets procured during each year of the accelerated 

22 program); 

23 (3) the required funding for each accelerated 

24 acquisition timeline that reflects project completion 

25 in 10 years and 15 years; 
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1 (4) anticipated costs associated with legacy 

2 asset sustainment for each accelerated acquisition 

3 timeline that reflects project completion in 10 years 

4 and 15 years; 

5 (5) anticipated mission deficiencies, if any, as6 sociated with the continued degradation of legacy as7 sets in combination with the procurement of new as8 sets within each accelerated acquisition timeline that 

9 reflects project completion in 10 years and 15 years; 

10 (6) a comparison of the amount of required as11 sets in the current baseline to the amount of re12 quired assets according to the Coast Guard’s Per13 formance Gap Analysis Study; and 

14 (7) an evaluation of the overall feasibility of 

15 achieving each accelerated acquisition timeline (in16 cluding contractor capacity, national shipbuilding ca17 pacity, asset integration into Coast Guard facilities, 

18 required personnel, training infrastructure capacity 

19 on technology associated with new assets). 

20 SEC. 214. LORAN–C. 

21 There are authorized to be appropriated to the De22 partment of Transportation, in addition to funds author23 ized for the Coast Guard for operation of the LORAN– 

24 C system, for capital expenses related to LORAN–C navi25 gation infrastructure, $25,000,000 for fiscal year 2006 
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1 and $25,000,000 for fiscal year 2007. The Secretary of 

2 Transportation may transfer from the Federal Aviation 

3 Administration and other agencies of the Department 

4 funds appropriated as authorized under this section in 

5 order to reimburse the Coast Guard for related expenses. 

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

7 (a) PILOT PROJECT.—The Secretary of the depart8 ment in which the Coast Guard is operating, acting 

9 through the Commandant of the Coast Guard, shall con10 duct a pilot program for long range tracking of up to 

11 2,000 vessels using satellite systems with an existing non12 profit maritime organization that has a demonstrated ca13 pability of operating a variety of satellite communications 

14 systems providing data to vessel tracking software and 

15 hardware that provides long range vessel information to 

16 the Coast Guard to aid maritime security and response 

17 to maritime emergencies. 

18 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated to the Secretary of the 

20 department in which the Coast Guard is operating 

21 $4,000,000 for each of fiscal years 2006, 2007, and 2008 

22 to carry out subsection (a). 
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1 SEC. 216. MARINE VESSEL AND COLD WATER SAFETY EDU2 CATION. 

3 The Coast Guard shall continue cooperative agree4 ments and partnerships with organizations in effect on the 

5 date of enactment of this Act that provide marine vessel 

6 safety training and cold water immersion education and 

7 outreach programs for fishermen and children. 

8 SEC. 217. SUCTION ANCHORS. 

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

10 amended by adding at the end the following: 

11 ‘‘(c) No vessel without a registry or coastwise en12 dorsement may engage in the movement of anchors or 

13 other mooring equipment from one point over or on the 

14 United States outer Continental Shelf to another such 

15 point in connection with exploring for, developing, or pro16 ducing resources from the outer Continental Shelf. 

17 TITLE III—UNITED STATES 

18 OCEAN COMMISSION IMPLE19 MENTATION 

20 SEC. 301. PLACE OF REFUGE. 

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

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

23 working with hazardous spill response agencies, marine 

24 salvage companies, State and local law enforcement and 

25 marine agencies, and other Federal agencies including the 

26 National Oceanic and Atmospheric Administration and 
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1 the Environmental Protection Agency, shall, in accordance 

2 with the recommendations of the United States Commis3 sion on Ocean Policy in its final report, develop a com4 prehensive and effective process for determining whether 

5 and under what circumstances damaged vessels may seek 

6 a place of refuge in the United States suitable to the spe7 cific nature of distress each vessel is experiencing. 

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

9 shall transmit a report annually to the Senate Committee 

10 on Commerce, Science, and Transportation and the House 

11 of Representatives Committee on Transportation and In12 frastructure describing the process established and any 

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

14 in the preceding year. 

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

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

17 in need of assistance can take action to enable it to sta18 bilize its condition and reduce the hazards to navigation 

19 and to protect human life and the environment. 

20 SEC. 302. IMPLEMENTATION OF INTERNATIONAL AGREE21 MENTS. 

22 The Secretary of the department in which the Coast 

23 Guard is operating shall, in consultation with appropriate 

24 Federal agencies, work with the responsible officials and 

25 agencies of other Nations to accelerate efforts at the Inter-
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1 national Maritime Organization to enhance flag State 

2 oversight and enforcement of security, environmental, and 

3 other agreements adopted within the International Mari4 time Organization, including implementation of— 

5 (1) a code outlining flag State responsibilities 

6 and obligations; 

7 (2) an audit regime for evaluating flag State 

8 performance; 

9 (3) measures to ensure that responsible organi10 zations, acting on behalf of flag States, meet estab11 lished performance standards; and 

12 (4) cooperative arrangements to improve en13 forcement on a bilateral, regional or international 

14 basis. 

15 SEC. 303. VOLUNTARY MEASURES FOR REDUCING POLLU16 TION FROM RECREATIONAL BOATS. 

17 The Secretary of the department in which the Coast 

18 Guard is operating shall, in consultation with appropriate 

19 Federal, State, and local government agencies, undertake 

20 outreach programs for educating the owners and operators 

21 of boats using two-stroke engines about the pollution asso22 ciated with such engines, and shall support voluntary pro23 grams to reduce such pollution and that encourage the 

24 early replacement of older two-stroke engines. 
26 

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1 SEC. 304. INTEGRATION OF VESSEL MONITORING SYSTEM 

2 DATA. 

3 The Secretary of the department in which the Coast 

4 Guard is operating shall integrate vessel monitoring sys5 tem data into its maritime operations databases for the 

6 purpose of improving monitoring and enforcement of Fed7 eral fisheries laws, and shall work with the Undersecretary 

8 of Commerce for Oceans and Atmosphere to ensure effec9 tive use of such data for monitoring and enforcement. 

10 SEC. 305. FOREIGN FISHING INCURSIONS. 

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

12 date of enactment of this Act, the Secretary of the depart13 ment in which the Coast Guard is operating shall provide 

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

15 and Transportation and the House of Representatives 

16 Committee on Transportation and Infrastructure on steps 

17 that the Coast Guard will take to significantly improve 

18 the Coast Guard’s detection and interdiction of illegal in19 cursions into the United States exclusive economic zone 

20 by foreign fishing vessels. 

21 (b) SPECIFIC ISSUES TO BE ADDRESSED.—The re22 port shall— 

23 (1) focus on areas in the exclusive economic 

24 zone where the Coast Guard has failed to detect or 

25 interdict such incursions in the 4 fiscal year period 
27 

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1 beginning with fiscal year 2000, including the West2 ern/Central Pacific; and 

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

4 unmanned aircraft and offshore platforms for detect5 ing or interdicting such incursions. 

6 (c) BIENNIAL UPDATES.—The Secretary shall pro7 vide biannual reports updating the Coast Guard’s progress 

8 in detecting or interdicting such incursions to the Senate 

9 Commerce, Science, and Transportation and the House of 

10 Representatives Committee on Transportation and Infra11 structure. 

12 TITLE IV—COAST GUARD PER13 SONNEL, FINANCIAL, AND 

14 PROPERTY MANAGEMENT 

15 SEC. 401. RESERVE OFFICER DISTRIBUTION. 

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

17 amended— 

18 (1) by inserting ‘‘Reserve officers on an Active19 duty list shall not be counted as part of the author20 ized number of officers in the Reserve.’’ after 

21 ‘‘5,000.’’ in subsection (a); and 

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

23 precedes paragraph (2) and inserting the following: 

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

25 make a computation to determine the number of Reserve 
28 

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

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

3 applying the applicable percentage to the total number of 

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

5 computation is made. The number of Reserve officers in 

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

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

8 percentages of commissioned officers authorized by section 

9 42(b) of this title. When the actual number of Reserve 

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

11 less than the maximum percentage authorized, the dif12 ference may be applied to the number in the next lower 

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

14 grade solely because of a reduction in an authorized num15 ber as provided for in this subsection, or because an excess 

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

17 SEC. 402. COAST GUARD BAND DIRECTOR. 

18 (a) BAND DIRECTOR APPOINTMENT AND GRADE.— 

19 Section 336 of title 14, United States Code, is amended— 

20 (1) by striking the first sentence of subsection 

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

22 the director any individual determined by the Sec23 retary to possess the necessary qualifications.’’; 
29 

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

2 the second sentence of subsection (b) and inserting 

3 ‘‘an individual so designated’’; 

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

5 and inserting ‘‘of an individual’’; 

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

7 lieutenant.’’ in subsection (c) and inserting ‘‘deter8 mined by the Secretary to be most appropriate to 

9 the qualifications and experience of the appointed in10 dividual.’’; 

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

12 and inserting ‘‘An individual’’; and 

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

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

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

16 (b) CURRENT DIRECTOR.—The incumbent Coast 

17 Guard Band Director on the date of enactment of this 

18 Act may be immediately promoted to a commissioned 

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

20 of the department in which the Coast Guard is operating 

21 to be most appropriate to the qualifications and experience 

22 of that individual. 

23 SEC. 403. RESERVE RECALL AUTHORITY. 

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

25 amended— 
30 

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

2 inserting ‘‘during, or to aid in prevention of an im3 minent,’’; 

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

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

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

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

8 security incident as defined in section 70101 of title 

9 46, United States Code,’’; 

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

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

12 any 4-month period’’; 

13 (4) by striking ‘‘sixty days in any two-year pe14 riod’’ in subsection (a) and inserting ‘‘120 days in 

15 any 2-year period’’; and 

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

17 ‘‘(e) For purposes of calculating the duration of ac18 tive duty allowed pursuant to subsection (a), each period 

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

20 reports to active duty, including for purposes of training.’’. 

21 SEC. 404. EXPANSION OF EQUIPMENT USED BY AUXILIARY 

22 TO SUPPORT COAST GUARD MISSIONS. 

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

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

25 (1) by inserting ‘‘(a)’’ before ‘‘Members’’; and 
31 

•S 1280 IS 

1 (2) adding at the end the following: 

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

3 functions and duties as authorized by the Secretary any 

4 motorized vehicle placed at its disposition by any member 

5 of the auxiliary, by any corporation, partnership, or asso6 ciation, or by any State or political subdivision thereof to 

7 tow government property.’’. 

8 (b) APPROPRIATIONS FOR FACILITIES.—Section 

9 830(a) of title 14, United States Code, is amended by 

10 striking ‘‘or radio station’’ each place it appears and in11 serting ‘‘radio station, or motorized vehicle utilized under 

12 section 826(b)’’. 

13 SEC. 405. AUTHORITY FOR ONE-STEP TURNKEY DESIGN14 BUILD CONTRACTING. 

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

16 States Code, is amended by adding at the end the fol17 lowing: 

18 ‘‘§ 677. Turn-key selection procedures 

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

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

21 entering into contracts for construction projects. 

22 ‘‘(b) DEFINITIONS.—In this section— 

23 ‘‘(1) ONE-STEP TURN-KEY SELECTION PROCE24 DURES.—The term ‘one-step turn-key selection pro25 cedures’ means procedures used for the selection of 
32 

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1 a contractor on the basis of price and other evalua2 tion criteria to perform, in accordance with the pro3 visions of a firm fixed-price contract, both the design 

4 and construction of a facility using performance 

5 specifications supplied by the Secretary. 

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

7 includes the construction, procurement, development, 

8 conversion, or extension, of any facility. 

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

10 building, structure, or other improvement to real 

11 property.’’. 

12 (b) CLERICAL AMENDMENT.—The chapter analysis 

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

14 by inserting after the item relating to section 676 the fol15 lowing: 

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

16 SEC. 406. OFFICER PROMOTION. 

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

18 amended by adding at the end the following: 

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

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

21 section to the extent necessary to allow officers described 

22 therein to have at least 2 opportunities for consideration 

23 for promotion to the next higher grade as officers below 

24 the promotion zone.’’. 
33 

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1 SEC. 407. REDESIGNATION OF COAST GUARD LAW SPECIAL2 ISTS AS JUDGE ADVOCATES. 

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

4 amended— 

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

6 paragraph (11) and inserting ‘‘The term ‘judge ad7 vocate’, in the Coast Guard,’’; 

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

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

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

11 (13). 

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

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

14 advocate’’. 

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

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

17 and inserting ‘‘judge advocate’’. 

18 SEC. 408. BOATING SAFETY DIRECTOR. 

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

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

21 end the following: 

22 ‘‘§ 337. Director, Office of Boating Safety 

23 ‘‘The initial appointment of the Director of the Boat24 ing Safety Office shall be in the grade of Captain.’’. 

25 (b) CLERICAL AMENDMENT.—The chapter analysis 

26 for chapter 11 of title 14, United States Code, is amended 
34 

•S 1280 IS 

1 by inserting after the item relating to section 336 the fol2 lowing: 

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

3 SEC. 409. HANGAR AT COAST GUARD AIR STATION BAR4 BERS POINT. 

5 No later than 180 days after the date of enactment 

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

7 Coast Guard is operating shall provide the Senate Com8 mittee on Commerce, Science, and Transportation and the 

9 House of Representatives Committee on Transportation 

10 and Infrastructure with a proposal and cost analysis for 

11 constructing an enclosed hangar at Air Station Barbers 

12 Point. The proposal should ensure that the hangar has 

13 the capacity to shelter current aircraft assets and those 

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

15 years. 

16 TITLE V—TECHNICAL AND 

17 CONFORMING AMENDMENTS 

18 SEC. 501. GOVERNMENT ORGANIZATION. 

19 Title 5, United States Code, is amended— 

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

21 Security.’’ after ‘‘The Department of Veterans Af22 fairs.’’ in section 101’’; 

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

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

25 Interior,’’; and 
35 

•S 1280 IS 

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

2 6308(b), and 9001(10), by striking ‘‘of Transpor3 tation’’ each place it appears and inserting ‘‘of 

4 Homeland Security’’. 

5 SEC. 502. WAR AND NATIONAL DEFENSE. 

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

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

8 et seq.) is amended— 

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

10 each place it appears in section 515 and inserting 

11 ‘‘Secretary of Homeland Security’’; and 

12 (2) by striking ‘‘Secretary of Transportation’’ 

13 in section 530(d) and inserting ‘‘Secretary of Home14 land Security’’. 

15 SEC. 503. FINANCIAL MANAGEMENT. 

16 Title 31, United States Code, is amended— 

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

18 3321(c) and inserting ‘‘of Homeland Security.’’; 

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

20 3325(b) and inserting ‘‘of Homeland Security’’; 

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

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

23 Homeland Security’’; and 

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

25 3711(f) and inserting ‘‘of Homeland Security’’. 
36 

•S 1280 IS 

1 SEC. 504. PUBLIC CONTRACTS. 

2 Section 11 of title 41, United States Code, is amend3 ed by striking ‘‘of Transportation’’ each place it appears 

4 and inserting ‘‘of Homeland Security’’. 

5 SEC. 505. PUBLIC PRINTING AND DOCUMENTS. 

6 Sections 1308 and 1309 of title 44, United States 

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

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

9 SEC. 506. SHIPPING. 

10 Title 46, United States Code, is amended— 

11 (1) by striking ‘‘a Coast Guard or’’ in section 

12 2109; 

13 (2) by striking the second sentence of section 

14 6308(a) and inserting ‘‘Any employee of the Depart15 ment of Transportation, and any member of the 

16 Coast Guard, investigating a marine casualty pursu17 ant to section 6301 of this title, shall not be subject 

18 to deposition or other discovery, or otherwise testify 

19 in such proceedings relevant to a marine casualty in20 vestigation, without the permission of the Secretary 

21 of Transportation for Department of Transportation 

22 employees or the Secretary of Homeland Security for 

23 military members or civilian employees of the Coast 

24 Guard.’’; and 

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

26 13106(c) and inserting ‘‘of Homeland Security’’. 
37 

•S 1280 IS 

1 SEC. 507. TRANSPORTATION; ORGANIZATION. 

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

3 amended by striking subsection (b); and redesignating 

4 subsections (c) and (d) as subsections (b) and (c), respec5 tively. 

6 SEC. 508. MORTGAGE INSURANCE. 

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

8 U.S.C. 1715m) is amended by striking ‘‘of Transpor9 tation’’ each place it appears and inserting ‘‘of Homeland 

10 Security’’. 

11 SEC. 509. ARCTIC RESEARCH. 

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

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

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

15 subparagraph (J); 

16 (2) by redesignating subparagraph (K) as sub17 paragraph (L); and 

18 (3) by inserting after subparagraph (J) the fol19 lowing new subparagraph: 

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

21 and’’. 

22 SEC. 510. CONSERVATION. 

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

24 Wilderness Expansion and Fossil Protection Act of 1996 

25 (16 U.S.C. 460kkk(e)) is amended by striking ‘‘of Trans26 portation’’ and inserting ‘‘of Homeland Security’’. 
38 

•S 1280 IS 

1 (b) Section 312(a)(2)(C) of the Antarctic Marine Liv2 ing Resources Convention Act of 1984 (16 U.S.C. 

3 2441(c)) is amended by striking ‘‘of Transportation’’ and 

4 inserting ‘‘of Homeland Security’’. 

5 SEC. 511. CONFORMING AMENDMENT. 

6 Section 3122 of the Internal Revenue Code of 1986 

7 is amended by striking ‘‘Secretary of Transportation’’ 

8 each place it appears and inserting ‘‘Secretary of the De9 partment in which the Coast Guard is operating’’. 

10 SEC. 512. ANCHORAGE GROUNDS. 

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

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

13 and inserting ‘‘of Homeland Security’’. 

14 SEC. 513. BRIDGES. 

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

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

17 and inserting ‘‘of Homeland Security’’. 

18 SEC. 514. LIGHTHOUSES. 

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

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

21 ‘‘of Homeland Security’’. 

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

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

24 ‘‘of Homeland Security’’. 
39 

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

2 U.S.C. 745a, 748a) are amended by striking ‘‘of Trans3 portation’’ each place it appears and inserting ‘‘of Home4 land Security’’. 

5 SEC. 515. OIL POLLUTION. 

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

7 seq.) is amended— 

8 (1) by inserting ‘‘Homeland Security,’’ in sec9 tion 5001(c)(1)(B) (33 U.S.C. 2731(c)(1)(B)) after 

10 ‘‘the Interior,’’; 

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

12 5002(m)(4) (33 U.S.C. 2732(m)(4)) and inserting 

13 ‘‘of Homeland Security.’’; 

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

15 2761(a)(3)) and inserting the following: 

16 ‘‘(3) MEMBERSHIP.— 

17 ‘‘(A) The Interagency Committee shall include 

18 representatives from the Department of Commerce 

19 (including the National Oceanic and Atmospheric 

20 Administration and the National Institute of Stand21 ards and Technology), the Department of Energy, 

22 the Department of the Interior (including the Min23 erals Management Service and the United States 

24 Fish and Wildlife Service), the Department of 

25 Transportation (including the Maritime Administra-
40 

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1 tion and the Pipeline and Hazardous Materials Safe2 ty Administration), the Department of Defense (in3 cluding the Army Corps of Engineers and the Navy), 

4 the Department of Homeland Security (including the 

5 United States Coast Guard and the United States 

6 Fire Administration in the Federal Emergency Man7 agement Agency), the Environmental Protection 

8 Agency, and the National Aeronautics and Space 

9 Administration, as well as such other Federal agen10 cies the President may designate. 

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

12 Transportation shall serve as Chairman.’’; and 

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

14 (33 U.S.C. 2761(c)(6)) before ‘‘such agencies’’. 

15 SEC. 516. MEDICAL CARE. 

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

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

18 ‘‘of Transportation,’’ and inserting ‘‘of Homeland Secu19 rity,’’. 

20 SEC. 517. CONFORMING AMENDMENT TO SOCIAL SECURITY 

21 ACT. 

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

23 U.S.C. 405(p)(3)) is amended by striking ‘‘of Transpor24 tation’’ each place it appears and inserting ‘‘of Homeland 

25 Security’’. 
41 

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1 SEC. 518. SHIPPING. 

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

3 U.S.C. App. 883) is amended by striking ‘‘Satisfactory in4 spection shall be certified in writing by the Secretary of 

5 Transportation’’ and inserting ‘‘Satisfactory inspection 

6 shall be certified in writing by the Secretary of Homeland 

7 Security.’’. 

8 SEC. 519. NONTANK VESSELS. 

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

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

11 as follows: 

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

13 vessel— 

14 ‘‘(A) of at least 400 gross tons as meas15 ured under section 14302 of title 46, United 

16 States Code, or, for vessels not measured under 

17 that section, as measured under section 14502 

18 of that title; 

19 ‘‘(B) other than a tank vessel; 

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

21 main propulsion; and 

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

23 or that operates on the navigable waters of the 

24 United States including all waters of the terri25 torial sea of the United States as described in 
42 

•S 1280 IS 

1 Presidential Proclamation No. 5928 of Decem2 ber 27, 1988.’’. 

3 SEC. 520. DRUG INTERDICTION REPORT. 

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

5 States Code, is amended by adding at the end the fol6 lowing: 

7 (d) QUARTERLY REPORTS ON DRUG INTERDIC8 TION.—Not later than 30 days after the end of each fiscal 

9 year quarter, the Secretary of Homeland Security shall 

10 submit to the House of Representatives Committee on 

11 Transportation and Infrastructure and the Senate Com12 mittee on Commerce, Science, and Transportation a re13 port on all expenditures related to drug interdiction activi14 ties of the Coast Guard on an annual basis.’’. 

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

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

17 note) is repealed. 

18 SEC. 521. ACTS OF TERRORISM REPORT. 

19 Section 905 of the Omnibus Diplomatic Security and 

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

21 amended— 

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

23 1987, and annually thereafter, the Secretary of 

24 Transportation shall report’’ and inserting ‘‘The 
43 

•S 1280 IS 

1 Secretary of Homeland Security shall report annu2 ally’’; and 

3 (2) by inserting ‘‘Beginning with the first re4 port submitted under this section after the date of 

5 enactment of the Maritime Transportation Security 

6 Act of 2002, the Secretary shall include a descrip7 tion of activities undertaken under title I of that Act 

8 and an analysis of the effect of those activities on 

9 port security against acts of terrorism.’’ after 

10 ‘‘ports.’’. 

11 TITLE VI—EFFECTIVE DATES 

12 SEC. 601. EFFECTIVE DATES. 

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

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

15 take effect on the date of enactment. 

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

17 Act and the amendments made by those sections shall take 

18 effect on March 1, 2003. 

Æ