In the Senate of the United States,
October 27, 2005.
Resolved, That the bill from the House of Representa-
tives (H.R. 889) entitled ‘‘An Act to authorize appropriations
for the Coast Guard for fiscal year 2006, to make technical
corrections to various laws administered by the Coast Guard,
and for other purposes.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Coast Guard Authoriza-
tion Act of 2005’’.
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SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—AUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Web-based risk management data system.
TITLE II—HOMELAND SECURITY, MARINE SAFETY, FISHERIES, AND
ENVIRONMENTAL PROTECTION
Sec. 201. Extension of Coast Guard vessel Anchorage and movement authority.
Sec. 202. Enhanced civil penalties for violations of the Maritime Transportation
Security Act.
Sec. 203. Icebreakers.
Sec. 204. Cooperative agreements.
Sec. 205. Pilot program for dockside no fault/no cost safety and survivability ex-
aminations 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. Undocumented Maine fish tenders.
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.
Sec. 218. Distant water tuna fleet.
Sec. 219. Automatic identification system.
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 mis-
sions.
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.
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Sec. 408. Boating safety director.
Sec. 409. Hangar at Coast Guard air station Barbers Point.
Sec. 410. Promotion of Coast Guard officers.
Sec. 411. Conveyance of decommissioned Coast Guard Cutter MACKINAW.
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; organization.
Sec. 508. Mortgage insurance.
Sec. 509. Arctic research.
Sec. 510. Conservation.
Sec. 511. Conforming amendment.
Sec. 512. Anchorage grounds.
Sec. 513. Bridges.
Sec. 514. Lighthouses.
Sec. 515. Oil pollution.
Sec. 516. Medical care.
Sec. 517. Conforming amendment to Social Security Act.
Sec. 518. Shipping.
Sec. 519. Nontank vessels.
Sec. 520. Drug interdiction report.
Sec. 521. Acts of terrorism report.
TITLE VI—EFFECTIVE DATES
Sec. 601. Effective dates.
TITLE VII—HURRICANE KATRINA
Sec. 701. Sense of the Senate on Coast Guard response to Hurricane Katrina.
Sec. 702. Supplemental authorization of appropriations.
Sec. 703. Report on the use of vessels.
Sec. 704. Use of maritime safety and security teams.
Sec. 705. Temporary authority to extend duration of merchant mariner licenses
and documents.
Sec. 706. Temporary authority to extend duration of vessel certificates of inspec-
tion.
Sec. 707. Preservation of leave lost due to Hurricane Katrina operations.
Sec. 708. Reports on impacts to Coast Guard.
Sec. 709. Reports on impacts on navigable waterways.
TITLE I—AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) There are authorized to be appropriated for fiscal
year 2006 to the Secretary of the department in which the
Coast Guard is operating the following amounts:
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(1) For the operation and maintenance of the
Coast Guard $5,594,900,000, of which $24,500,000 is
authorized to be derived from the Oil Spill Liability
Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)).
(2) For the acquisition, construction, renovation,
and improvement of aids to navigation, shore and off-
shore facilities, vessels, and aircraft, including equip-
ment related thereto, $1,424,852,000, to remain avail-
able until expended, of which—
(A) $20,000,000 shall be derived from the
Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollu-
tion Act of 1990 (33 U.S.C. 2712(a)(5)); and
(B) $1,100,000,000 is authorized for acqui-
sition and construction of shore and offshore fa-
cilities, vessels, and aircraft, including equip-
ment related thereto, and other activities that
constitute the Integrated Deepwater Systems.
(3) For the use of the Commandant of the Coast
Guard for research, development, test, and evaluation
of technologies, materials, and human factors directly
relating to improving the performance of the Coast
Guard’s mission in search and rescue, aids to naviga-
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tion, marine safety, marine environmental protection,
enforcement of laws and treaties, ice operations,
oceanographic 
research, 
and 
defense 
readiness,
$24,000,000, to remain available until expended, of
which $3,500,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of sec-
tion 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)).
(4) For retired pay (including the payment of
obligations otherwise chargeable to lapsed appropria-
tions for this purpose), payments under the Retired
Serviceman’s Family Protection and Survivor Benefit
Plans, and payments for medical care of retired per-
sonnel and their dependents under chapter 55 of title
10, United States Code, $1,014,080,000, to remain
available until expended.
(5) For alteration or removal of bridges over
navigable waters of the United States constituting ob-
structions to navigation, and for personnel and ad-
ministrative costs associated with the Bridge Alter-
ation Program, $17,400,000, of which $2,500,000, to
remain available until expended, may be utilized for
construction of a new Chelsea Street Bridge over the
Chelsea River in Boston, Massachusetts.
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(6) For environmental compliance and restora-
tion $12,000,000, to remain available until expended
for environmental compliance and restoration func-
tions under chapter 19 of title 14, United States
Code.
(7) For operation and maintenance of the Coast
Guard reserve program, $119,000,000.
(b) There are authorized to be appropriated for fiscal
year 2007 to the Secretary of the department in which the
Coast Guard is operating the following amounts:
(1) For the operation and maintenance of the
Coast Guard $6,042,492,000, of which $24,500,000 is
authorized to be derived from the Oil Spill Liability
Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)).
(2) For the acquisition, construction, renovation,
and improvement of aids to navigation, shore and off-
shore facilities, vessels, and aircraft, including equip-
ment related thereto, $1,538,840,160, to remain avail-
able until expended, of which—
(A) $20,000,000 shall be derived from the
Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollu-
tion Act of 1990 (33 U.S.C. 2712(a)(5)); and
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(B) $1,188,000,000 is authorized for acqui-
sition and construction of shore and offshore fa-
cilities, vessels, and aircraft, including equip-
ment related thereto, and other activities that
constitute the Integrated Deepwater Systems.
(3) For the use of the Commandant of the Coast
Guard for research, development, test, and evaluation
of technologies, materials, and human factors directly
relating to improving the performance of the Coast
Guard’s mission in search and rescue, aids to naviga-
tion, marine safety, marine environmental protection,
enforcement of laws and treaties, ice operations,
oceanographic 
research, 
and 
defense 
readiness,
$25,920,000, to remain available until expended, of
which $3,500,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of sec-
tion 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)).
(4) For retired pay (including the payment of
obligations otherwise chargeable to lapsed appropria-
tions for this purpose), payments under the Retired
Serviceman’s Family Protection and Survivor Benefit
Plans, and payments for medical care of retired per-
sonnel and their dependents under chapter 55 of title
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10, United States Code, $1,095,206,400, to remain
available until expended.
(5) For alteration or removal of bridges over
navigable waters of the United States constituting ob-
structions to navigation, and for personnel and ad-
ministrative costs associated with the Bridge Alter-
ation Program, $18,792,000, of which $2,500,000, to
remain available until expended, may be utilized for
construction of a new Chelsea Street Bridge over the
Chelsea River in Boston, Massachusetts.
(6) For environmental compliance and restora-
tion $12,960,000, to remain available until expended
for environmental compliance and restoration func-
tions under chapter 19 of title 14, United States
Code.
(7) For operation and maintenance of the Coast
Guard reserve program, $128,520,000.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH
AND TRAINING.
(a) ACTIVE DUTY STRENGTH.—The Coast Guard is
authorized an end-of-year strength of active duty personnel
of 45,500 as of September 30, 2006 and as of September
30, 2007.
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(b) MILITARY TRAINING STUDENT LOADS.—For each
of fiscal years 2006 and 2007, the Coast Guard is author-
ized average military training student loads as follows:
(1) For recruit and special training, 2,500 stu-
dent years.
(2) For flight training, 125 student years.
(3) For professional training in military and ci-
vilian institutions, 350 student years.
(4) For officer acquisition, 1,200 student years.
SEC. 103. WEB-BASED RISK MANAGEMENT DATA SYSTEM.
There are authorized to be appropriated for each of
fiscal years 2006 and 2007 to the Secretary of the depart-
ment in which the Coast Guard is operating $1,000,000 to
continue deployment of a web-based risk management sys-
tem to help reduce accidents and fatalities.
TITLE II—HOMELAND SECURITY,
MARINE SAFETY, FISHERIES,
AND ENVIRONMENTAL PRO-
TECTION
SEC. 201. EXTENSION OF COAST GUARD VESSEL ANCHOR-
AGE AND MOVEMENT AUTHORITY.
Section 91 of title 14, United States Code, is amended
by adding at the end the following:
‘‘(d) As used in this section, the term ‘navigable waters
of the United States’ includes all waters of the territorial
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sea of the United States as described in Presidential Procla-
mation No. 5928 of December 27, 1988.’’.
SEC. 202. ENHANCED CIVIL PENALTIES FOR VIOLATIONS OF
THE MARITIME TRANSPORTATION SECURITY
ACT.
The second section enumerated 70119 of title 46,
United States Code, is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘Any’’; and
(2) by adding at the end the following:
‘‘(b) CONTINUING VIOLATIONS.—Each day of a con-
tinuing violation shall constitute a separate violation, with
a total fine per violation not to exceed—
‘‘(1) for violations occurring during fiscal year
2006, $50,000;
‘‘(2) for violations occurring during fiscal year
2007, $75,000; and
‘‘(3) for violations occurring after fiscal year
2007, $100,000.
‘‘(c) DETERMINATION OF AMOUNT.—In determining
the amount of the penalty, the Secretary shall take into ac-
count the nature, circumstances, extent, and gravity of the
violation committed and, with respect to the violator, the
degree of culpability, history of prior offenses, ability to
pay, and such other matters as justice may require.
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‘‘(d) COMPROMISE, MODIFICATION, AND REMITTAL.—
The Secretary may compromise, modify, or remit, with or
without conditions, any civil penalty imposed under this
section.’’.
SEC. 203. ICEBREAKERS.
(a) IN GENERAL.—The Secretary of the department in
which the Coast Guard is operating shall take all necessary
measures—
(1) to ensure that the Coast Guard maintains, at
a minimum, its current vessel capacity for carrying
out ice-breaking in the Arctic and Antarctic regions,
including the necessary funding for operation and
maintenance of such vessels; and
(2) for the long-term recapitalization of these as-
sets.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated for fiscal year 2006 to the
Secretary of the department in which the Coast Guard is
operating $100,000,000 to carry out this section.
SEC. 204. COOPERATIVE AGREEMENTS.
Not later than 180 days after the date of enactment
of this Act, the Secretary of the department in which the
Coast Guard is operating shall provide a report to the Sen-
ate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Transpor-
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tation and Infrastructure on opportunities for and the fea-
sibility of co-locating Coast Guard assets and personnel at
facilities of other Armed Services branches throughout the
United States. The report shall—
(1) identify the locations of possible sites;
(2) identify opportunities for cooperative agree-
ments that may be established between the Coast
Guard and such facilities with respect to maritime se-
curity and other Coast Guard missions; and
(3) analyze anticipated costs and benefits associ-
ated with each site and such agreements.
SEC. 205. PILOT PROGRAM FOR DOCKSIDE NO FAULT/NO
COST SAFETY AND SURVIVABILITY EXAMINA-
TIONS 
FOR 
UNINSPECTED 
COMMERCIAL
FISHING VESSELS.
(a) PILOT PROGRAM.—The Secretary shall conduct a
pilot program to determine the effectiveness of mandatory
dockside crew survivability examinations of uninspected
United States commercial fishing vessels in reducing the
number of fatalities and amount of property losses in the
United States commercial fishing industry.
(b) DEFINITIONS.—In this section:
(1) DOCKSIDE
CREW
SURVIVABILITY
EXAMINA-
TION.—The term ‘‘dockside crew survivability exam-
ination’’ means an examination by a Coast Guard
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representative of an uninspected fishing vessel and its
crew at the dock or pier that includes—
(A) identification and examination of safety
and survival equipment required by law for that
vessel;
(B) identification and examination of the
vessel stability standards applicable by law to
that vessel; and
(C) identification and observation of—
(i) proper crew training on the vessel’s
safety and survival equipment; and
(ii) the crew’s familiarity with vessel
stability and emergency procedures designed
to save life at sea and avoid loss or damage
to the vessel.
(2) COAST GUARD REPRESENTATIVE.—The term
‘‘Coast Guard representative’’ means a Coast Guard
member, civilian employee, Coast Guard Auxiliarist,
or person employed by an organization accepted or
approved by the Coast Guard to examine commercial
fishing industry vessels.
(3) UNINSPECTED FISHING VESSEL.—The term
‘‘uninspected fishing vessel’’ means a vessel, not in-
cluding fish processing vessels or fish tender vessels
(as defined in section 2101 of title 46, United States
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Code), that commercially engages in the catching, tak-
ing, or harvesting of fish or an activity that can rea-
sonably be expected to result in the catching, taking,
or harvesting of fish.
(c) SCOPE OF PILOT PROGRAM.—The pilot program
shall be conducted—
(1) in at least 5, but no more than 10, major
United States fishing ports where Coast Guard statis-
tics reveal a high number of fatalities on uninspected
fishing vessels within the 4 fiscal year period begin-
ning with fiscal year 2000, but shall not be conducted
in Coast Guard districts where a fishing vessel safety
program already exists;
(2) for a period of 5 calendar years following the
date of the enactment of this Act;
(3) in consultation with those organizations and
persons identified by the Secretary as directly affected
by the pilot program;
(4) as a non-fee service to those persons identi-
fied in paragraph (3) above;
(5) without a civil penalty for any discrepancies
identified during the dockside crew survivability ex-
amination; and
(6) to gather data identified by the Secretary as
necessary to conclude whether dockside crew surviv-
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ability examinations reduce fatalities and property
losses in the fishing industry.
(d) REPORT.—Not later than 180 days after end of
the third year of the pilot program, the Secretary shall sub-
mit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representa-
tives Committee on Transportation and Infrastructure on
the results of the pilot program. The report shall include—
(1) an assessment of the costs and benefits of the
pilot program including costs to the industry and
lives and property saved as a result of the pilot pro-
gram;
(2) an assessment of the costs and benefits to the
United States Government of the pilot program in-
cluding operational savings such as personnel, main-
tenance, etc., from reduced search and rescue or other
operations; and
(3) any other findings and conclusions of the
Secretary with respect to the pilot program.
SEC. 206. REPORTS FROM MORTGAGEES OF VESSELS.
Section 12120 of title 46, United States Code, is
amended by striking ‘‘owners, masters, and charterers’’ and
inserting ‘‘owners, masters, charterers, and mortgagees’’.
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SEC. 207. INTERNATIONAL TRAINING AND TECHNICAL AS-
SISTANCE.
(a) IN GENERAL.—Section 149 of title 14, United
States Code, is amended—
(1) by striking the section heading and inserting
the following:
‘‘§ 149. Assistance to foreign governments and mari-
time authorities’’;
(2) by inserting ‘‘(a) DETAIL OF MEMBERS TO
ASSIST
FOREIGN
GOVERNMENTS.—’’ before ‘‘The
President’’; and
(3) by adding at the end the following:
‘‘(b) TECHNICAL ASSISTANCE TO FOREIGN MARITIME
AUTHORITIES.—The Commandant, in coordination with
the Secretary of State, may, in conjunction with regular
Coast Guard operations, provide technical assistance, in-
cluding law enforcement and maritime safety and security
training, to foreign navies, coast guards, and other mari-
time authorities.’’.
(b) CLERICAL AMENDMENT.—The chapter analysis for
chapter 7 of title 14, United States Code, is amended by
striking the item relating to section 149 and inserting the
following:
‘‘149. Assistance to Foreign Governments and Maritime Authorities.’’.
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SEC. 208. REFERENCE TO TRUST TERRITORY OF THE PA-
CIFIC ISLANDS.
Section 2102(a) of title 46, United States Code, is
amended—
(1) by striking ‘‘37, 43, 51, and 123’’ and insert-
ing ‘‘43, 51, 61, and 123’’;
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as para-
graph (2).
SEC. 209. BIO-DIESEL FEASIBILITY STUDY.
(a) STUDY.—The Secretary of the department in which
the Coast Guard is operating shall conduct a study that
examines the technical feasibility, costs, and potential cost
savings of using bio-diesel fuel in new and existing Coast
Guard vehicles and vessels, and which focuses on the use
of bio-diesel fuel in ports which have a high-density of vessel
traffic, including ports for which vessel traffic systems have
been established.
(b) REPORT.—Not later than 1 year after the date of
enactment of this Act, the Secretary of the department in
which the Coast Guard is operating shall transmit a report
containing the findings, conclusions, and recommendations
(if any) from the study to the Senate Committee on Com-
merce, Science, and Transportation and the House of Rep-
resentatives Committee on Transportation and Infrastruc-
ture.
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SEC. 210. CERTIFICATION OF VESSEL NATIONALITY IN
DRUG SMUGGLING CASES.
Section 3(c)(2) of the Maritime Drug Law Enforce-
ment Act (46 U.S.C. App. 1903(c)(2)) is amended by strik-
ing the last sentence and inserting ‘‘The response of a for-
eign nation to a claim of registry under subparagraph (A)
or (C) may be made by radio, telephone, or similar oral
or electronic means, and is conclusively proved by certifi-
cation of the Secretary of State or the Secretary’s des-
ignee.’’.
SEC. 211. UNDOCUMENTED MAINE FISH TENDERS.
Not withstanding any other provision of law, a vessel
that is ineligible for documentation under chapter 121 of
title 46, United States Code, because it measures less than
5 net tons, may transport fish or shellfish within the coastal
waters of the State of Maine if—
(1) the vessel transported fish or shellfish pursu-
ant to a valid wholesale seafood license, issued under
the authority of section 6851 of title 12 of the Maine
Revised Statutes prior to December 31, 2004; and
(2) the vessel is owned by an individual or enti-
ty meeting the citizenship requirements necessary to
document a vessel under section 12106 of title 46,
United States Code.
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SEC. 212. DEEPWATER OVERSIGHT.
No later than 90 days after the date of enactment of
this Act, the Coast Guard, in consultation with Government
Accountability Office, shall provide a report to the Senate
Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation
and Infrastructure on—
(1) the status of the Coast Guard’s implementa-
tion of Government Accountability Office’s rec-
ommendations in its report, GAO–04–380, ‘‘Coast
Guard Deepwater Program Needs Increased Attention
to Management and Contractor Oversight’’; and
(2) the dates by which the Coast Guard plans to
fully implement such recommendations if any remain
open as of the date the report is transmitted to the
Committees.
SEC. 213. DEEPWATER REPORT.
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall submit to the Congress, in conjunction with the
transmittal by the President of the Budget of the United
States for Fiscal Year 2007, a revised Deepwater baseline
that includes—
(1) a justification for the projected number and
capabilities of each asset (including the ability of
each asset to meet service performance goals);
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(2) an accelerated acquisition timeline that re-
flects project completion in 10 years and 15 years
(included in this timeline shall be the amount of as-
sets procured during each year of the accelerated pro-
gram);
(3) the required funding for each accelerated ac-
quisition timeline that reflects project completion in
10 years and 15 years;
(4) anticipated costs associated with legacy asset
sustainment for each accelerated acquisition timeline
that reflects project completion in 10 years and 15
years;
(5) anticipated mission deficiencies, if any, asso-
ciated with the continued degradation of legacy assets
in combination with the procurement of new assets
within each accelerated acquisition timeline that re-
flects project completion in 10 years and 15 years;
(6) a comparison of the amount of required as-
sets in the current baseline to the amount of required
assets according to the Coast Guard’s Performance
Gap Analysis Study; and
(7) an evaluation of the overall feasibility of
achieving each accelerated acquisition timeline (in-
cluding contractor capacity, national shipbuilding ca-
pacity, asset integration into Coast Guard facilities,
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required personnel, training infrastructure capacity
on technology associated with new assets).
(b) INDEPENDENT
ANALYSIS
OF
REVISED
DEEP
WATER PLAN.—Within 180 days after the date of enact-
ment of this Act, the Commandant of the Coast Guard may
execute a contract with an independent entity—
(1) to conduct an analysis of the Coast Guard’s
revised Deepwater Plan; and
(2) to assess whether—
(A) the mix of assets and capabilities se-
lected as part of that plan will meet the Coast
Guard’s criteria of—
(i) performance; and
(ii) minimizing total ownership costs;
or
(B) additional or different assets should be
considered as part of the plan.
SEC. 214. LORAN–C.
There are authorized to be appropriated to the Depart-
ment of Transportation, in addition to funds authorized for
the Coast Guard for operation of the LORAN–C system, for
capital expenses related to LORAN–C navigation infra-
structure, $25,000,000 for fiscal year 2006 and $25,000,000
for fiscal year 2007. The Secretary of Transportation may
transfer from the Federal Aviation Administration and
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other agencies of the Department funds appropriated as au-
thorized under this section in order to reimburse the Coast
Guard for related expenses.
SEC. 215. LONG-RANGE VESSEL TRACKING SYSTEM.
(a) PILOT PROJECT.—The Secretary of the department
in which the Coast Guard is operating, acting through the
Commandant of the Coast Guard, shall conduct a pilot pro-
gram for long range tracking of up to 2,000 vessels using
satellite systems with an existing nonprofit maritime orga-
nization that has a demonstrated capability of operating
a variety of satellite communications systems providing
data to vessel tracking software and hardware that provides
long range vessel information to the Coast Guard to aid
maritime security and response to maritime emergencies.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Secretary of the de-
partment in which the Coast Guard is operating $4,000,000
for each of fiscal years 2006, 2007, and 2008 to carry out
subsection (a).
SEC. 216. MARINE VESSEL AND COLD WATER SAFETY EDU-
CATION.
The Coast Guard shall continue cooperative agree-
ments and partnerships with organizations in effect on the
date of enactment of this Act that provide marine vessel
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safety training and cold water immersion education and
outreach programs for fishermen and children.
SEC. 217. SUCTION ANCHORS.
Section 12105 of title 46, United States Code, is
amended by adding at the end the following:
‘‘(c)(1) No vessel without a registry endorsement may
engage in—
‘‘(A) the setting or movement of the anchors or
other mooring equipment of a mobile offshore drilling
unit that is located over the outer Continental Shelf
(as defined in section 2(a) of the Outer Continental
Shelf Lands Act (43 U.S.C. 1331(a))) whether or not
attached to the outer Continental Shelf; or
‘‘(B) the movement of merchandise or personnel
to or from a point in the United States from or to
a mobile offshore drilling unit located over the outer
Continental Shelf that is—
‘‘(i) not attached to the seabed; or
‘‘(ii) attached to the seabed on the outer
Continental Shelf but not exploring for oil and
gas resources from the outer Continental Shelf.
‘‘(2) Nothing in paragraph (1) authorizes the employ-
ment in the coastwise trade of a vessel that does not meet
the requirements of section 12106 of this title.’’.
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SEC. 218. DISTANT WATER TUNA FLEET.
(a) MANNING REQUIREMENTS.—United States purse
seine fishing vessels transiting to or from, or fishing exclu-
sively for highly migratory species in, the Treaty area
under a fishing license issued pursuant to the 1987 Treaty
of Fisheries Between the Governments of Certain Pacific Is-
lands States and the Government of the United States of
America may utilize non-United States licensed and docu-
mented personnel to meet manning requirements for the 48
month period beginning on the date of enactment of this
Act if, after timely notice of a vacancy, no United States-
licensed and documented personnel are readily available.
(b) LIMITATION.—Subsection (a) applies only to ves-
sels operating in and out of American Samoa.
(c) WAIVER.—The citizenship requirements of sections
8103(a) and 12110 of title 46, United States Code, are
waived for vessels to which subsection (a) applies during
the 48-month period.
SEC. 219. AUTOMATIC IDENTIFICATION SYSTEM.
(a) PREVENTION OF HARMFUL INTERFERENCE.—The
Secretary of the Department in which the Coast Guard is
operating, acting through the Commandant of the Coast
Guard, may, within 60 days of the enactment of this Act,
transfer $1,000,000 to the National Telecommunications
and Information Administration of the Department of
Commerce for the purposes of awarding, within 120 days
†
HR 889 EAS
after the date of enactment of this Act a competitive grant
to design, develop, and prototype a device that integrates
a Class B Automatic Identification System transponder
(International 
Electrotechnical 
Commission 
standard
62287) with an FCC-approved wireless maritime data de-
vice with channel throughput greater than 19.2 kilobits per
second to enable such wireless maritime data device to pro-
vide wireless maritime data services, concurrent with the
operation of such Automatic Identification System trans-
ponder, on frequency channels adjacent to the frequency
channels on which the Automatic Identification System
transponder operates, while minimizing or eliminating the
harmful interference between such Automatic Identification
System transponder and such wireless maritime data de-
vice. The design of such device shall be available for public
use.
(b) IMPLEMENTATION OF AIS.—It is the Sense of the
Senate that the Federal Communications Commission
should resolve within 60 days after the date of enactment
of this Act the disposition of its rulemaking on the Auto-
matic Information System and licensee use of frequency
bands 157.1875–157.4375 MHz and 161.7875–162.0375
MHz (RM–10821, WT Docket Number 04–344). The imple-
mentation of this section shall not delay the implementation
of an Automatic Identification System as required by the