109TH CONGRESS 
1ST SESSION 
H. R. 889
AN ACT 
To authorize appropriations for the Coast Guard 
for fiscal year 2006, to make technical correc-
tions to various laws administered by the Coast 
Guard, and for other purposes.
109TH CONGRESS 
1ST SESSION 
H. R. 889
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 pur-
poses.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Coast Guard and Mari-
time Transportation Act of 2005’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows:
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—AUTHORIZATION 
Sec. 101. Authorization of appropriations. 
Sec. 102. Authorized levels of military strength and training. 
Sec. 103. Authorization of funding related to Hurricane Katrina. 
TITLE II—COAST GUARD 
Sec. 201. Extension of Coast Guard vessel anchorage and movement authority. 
Sec. 202. International training and technical assistance. 
Sec. 203. Officer promotion. 
Sec. 204. Coast Guard band director. 
Sec. 205. Authority for one-step turnkey design-build contracting. 
Sec. 206. Reserve recall authority. 
Sec. 207. Reserve officer distribution. 
Sec. 208. Expansion of use of auxiliary equipment to support coast guard mis-
sions. 
Sec. 209. Coast Guard history fellowships. 
Sec. 210. Icebreaker operation and maintenance plan. 
Sec. 211. Operation as a service in the Navy. 
Sec. 212. Commendation, recognition, and thanks for Coast Guard personnel. 
Sec. 213. Homeowners assistance for Coast Guard personnel affected by Hurri-
cane Katrina. 
Sec. 214. Report on personnel, assets, and expenses. 
Sec. 215. Limitation on moving assets to St. Elizabeths hospital. 
TITLE III—SHIPPING AND NAVIGATION 
Sec. 301. Treatment of ferries as passenger vessels. 
Sec. 302. Great Lakes pilotage annual ratemaking. 
Sec. 303. Certification of vessel nationality in drug smuggling cases. 
Sec. 304. LNG Tankers. 
TITLE IV—MISCELLANEOUS 
Sec. 401. Technical corrections. 
Sec. 402. Authorization of junior reserve officers training program pilot pro-
gram. 
Sec. 403. Transfer. 
Sec. 404. Long-range vessel tracking system. 
Sec. 405. Reports. 
Sec. 406. Training of cadets at United States Merchant Marine Academy. 
Sec. 407. Marine casualty investigations study.
Sec. 408. Conveyance of decommissioned Coast Guard Cutter MACKINAW. 
Sec. 409. Deepwater implementation report. 
Sec. 410. Helicopters. 
Sec. 411. Reports from mortgagees of vessels. 
Sec. 412. Newtown Creek, New York City, New York. 
Sec. 413. Determination of the Secretary. 
Sec. 414. Report on technologies. 
Sec. 415. Movement of anchors. 
Sec. 416. International tonnage measurement of vessels engaged in the Aleu-
tian trade. 
Sec. 417. Assessment and planning. 
Sec. 418. Homeport. 
Sec. 419. Opinions regarding whether certain facilities create obstructions to 
navigation. 
Sec. 420. Temporary authorization to extend the duration of licenses, certifi-
cates of registry, and merchant mariners’ documents. 
Sec. 421. Temporary authorization to extend the duration of vessel certificates 
of inspection. 
Sec. 422. Temporary center for processing of for licenses, certificates of reg-
istry, and merchant mariners’ documents. 
Sec. 423. Determination of navigational impact. 
Sec. 424. Port Richmond. 
Sec. 425. Citizenship and naval reserve requirements. 
Sec. 426. Eligibility to participate in western Alaska community development 
quota program. 
Sec. 427. Quota share allocation. 
Sec. 428. Acquisition of maritime refueling support vessel for United States 
drug interdiction efforts in the Eastern Pacific Maritime Tran-
sit Zone. 
Sec. 429. Voyage data recorder requirements. 
TITLE V—LIGHTHOUSES 
Sec. 501. Transfer. 
Sec. 502. Misty Fiords National Monument and Wilderness. 
Sec. 503. Cape St. Elias light station. 
Sec. 504. Inclusion of lighthouse in St. Marks National Wildlife Refuge, Flor-
ida. 
TITLE VI—RESPONSE 
Sec. 601. Short title. 
Sec. 602. Requirement to notify Coast Guard of release of objects into the navi-
gable waters of the United States. 
Sec. 603. Limits on liability. 
Sec. 604. Requirement to update Philadelphia area contingency plan. 
Sec. 605. Submerged oil removal. 
Sec. 606. Delaware River and Bay Oil Spill Advisory Committee. 
Sec. 607. Maritime fire and safety activities.
TITLE I—AUTHORIZATION 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
Funds are authorized to be appropriated for fiscal 
year 2006 for necessary expenses of the Coast Guard as 
follows: 
(1) For the operation and maintenance of the 
Coast Guard, $5,586,400,000, of which $24,500,000 
is authorized to be derived from the Oil Spill Liabil-
ity Trust Fund to carry out the purposes of section 
1012(a)(5) of the Oil Pollution Act of 1990. 
(2) For the acquisition, construction, rebuild-
ing, and improvement of aids to navigation, shore 
and offshore facilities, vessels, and aircraft, includ-
ing equipment related thereto, $1,903,821,000, 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), to remain available until ex-
pended; 
(B) $1,316,300,000 is authorized for ac-
quisition and construction of shore and offshore 
facilities, vessels, and aircraft, including equip-
ment related thereto, and other activities that
constitute the Integrated Deepwater Systems; 
and 
(C) 
$284,369,000 
is 
authorized 
for 
sustainment of legacy vessels and aircraft, in-
cluding equipment related thereto, and other 
activities that constitute the Integrated Deep-
water Systems. 
(3) To the Commandant of the Coast Guard for 
research, development, test, and evaluation of tech-
nologies, materials, and human factors directly relat-
ing to improving the performance of the Coast 
Guard’s mission in search and rescue, aids to navi-
gation, marine safety, marine environmental protec-
tion, enforcement of laws and treaties, ice oper-
ations, oceanographic research, and defense readi-
ness, $24,000,000, to remain available until ex-
pended, of which $3,500,000 shall be derived from 
the Oil Spill Liability Trust Fund to carry out the 
purposes of section 1012(a)(5) of the Oil Pollution 
Act of 1990. 
(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 Ben-
efit Plans, and payments for medical care of retired
personnel and their dependents under chapter 55 of 
title 10, United States Code, $1,014,080,000, to re-
main available until expended. 
(5) For alteration or removal of bridges over 
navigable waters of the United States constituting 
obstructions to navigation, and for personnel and 
administrative costs associated with the Bridge Al-
teration Program, $35,900,000. 
(6) For environmental compliance and restora-
tion at Coast Guard facilities (other than parts and 
equipment associated with operation and mainte-
nance), $12,000,000, to remain available until ex-
pended. 
(7) For the Coast Guard Reserve program, in-
cluding personnel and training costs, equipment, and 
services, $119,000,000. 
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH 
AND TRAINING. 
(a) ACTIVE DUTY STRENGTH.—The Coast Guard is 
authorized an end-of-year strength for active duty per-
sonnel of 45,500 for the years ending on September 30, 
2005, and September 30, 2006. 
(b) MILITARY TRAINING STUDENT LOADS.—The 
Coast Guard is authorized average military training stu-
dent loads as follows:
(1) For recruit and special training for fiscal 
year 2006, 2,500 student years. 
(2) For flight training for fiscal year 2006, 125 
student years. 
(3) For professional training in military and ci-
vilian institutions for fiscal year 2006, 350 student 
years. 
(4) For officer acquisition for fiscal year 2006, 
1,200 student years. 
SEC. 103. AUTHORIZATION OF FUNDING RELATED TO HUR-
RICANE KATRINA. 
There is authorized to be appropriated for fiscal year 
2005 for the operation and maintenance of the Coast 
Guard, in addition to the amounts authorized for that fis-
cal year by section 101(1) of the Coast Guard and Mari-
time Transportation Act of 2004 (118 Stat. 1030), 
$60,000,000 for emergency hurricane expenses, emer-
gency repairs, and deployment of personnel, to support 
costs of evacuation, and for other costs resulting from im-
mediate relief efforts related to Hurricane Katrina. 
TITLE II—COAST GUARD 
SEC. 201. EXTENSION OF COAST GUARD VESSEL ANCHOR-
AGE AND MOVEMENT AUTHORITY. 
Section 91 of title 14, United States Code, is amend-
ed by adding at the end the following new subsection:
‘‘(d) As used in this section ‘navigable waters of the 
United States’ includes all waters of the territorial sea of 
the United States as described in Presidential Proclama-
tion No. 5928 of December 27, 1988.’’. 
SEC. 202. INTERNATIONAL TRAINING AND TECHNICAL AS-
SISTANCE. 
(a) IN GENERAL.—Section 149 of title 14, United 
States Code, is amended—
(1) by amending the section heading to read as 
follows: 
‘‘§ 149. Assistance to foreign governments and mari-
time authorities’’; 
(2) by inserting before the existing undesig-
nated text the following new subsection designation 
and heading: ‘‘(a) DETAIL OF MEMBERS TO ASSIST 
FOREIGN GOVERNMENTS.—’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(b) TECHNICAL ASSISTANCE TO FOREIGN MARI-
TIME AUTHORITIES.—The Commandant, in coordination 
with the Secretary of State, may, in conjunction with reg-
ular Coast Guard operations, provide technical assistance, 
including law enforcement and maritime safety and secu-
rity training, to foreign navies, coast guards, and other 
maritime authorities.’’.
(b) CLERICAL AMENDMENT.—The item related to 
such section in the analysis at the beginning of chapter 
7 of title 14, United States Code, is amended to read as 
follows:
‘‘149. Assistance to foreign governments and maritime authorities.’’.
SEC. 203. OFFICER PROMOTION. 
Section 257 of title 14, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(f) The Secretary may waive subsection (a) of this 
section to the extent necessary to allow officers described 
therein to have at least two opportunities for consideration 
for promotion to the next higher grade as officers below 
the promotion zone.’’. 
SEC. 204. COAST GUARD BAND DIRECTOR. 
(a) BAND DIRECTOR APPOINTMENT AND GRADE.—
Section 336 of title 14, United States Code, is amended—
(1) in subsection (b)—
(A) by amending the first sentence to read 
as follows: ‘‘The Secretary may designate as the 
director any individual determined by the Sec-
retary to possess the necessary qualifications.’’; 
and 
(B) in the second sentence, by striking ‘‘a 
member so designated’’ and inserting ‘‘an indi-
vidual so designated’’;
(2) in subsection (c)—
(A) by striking ‘‘of a member’’ and insert-
ing ‘‘of an individual’’; and 
(B) by striking ‘‘of lieutenant (junior 
grade) or lieutenant’’ and inserting ‘‘determined 
by the Secretary to be most appropriate to the 
qualifications and experience of the appointed 
individual’’; 
(3) in subsection (d), by striking ‘‘A member’’ 
and inserting ‘‘An individual’’; and 
(4) in subsection (e)—
(A) by striking ‘‘When a member’s des-
ignation is revoked,’’ and inserting ‘‘When an 
individual’s designation is revoked,’’; and 
(B) by striking ‘‘option:’’ and inserting 
‘‘option—’’. 
(b) CURRENT DIRECTOR.—The individual serving as 
Coast Guard band director on the date of the enactment 
of this Act may be immediately promoted to a commis-
sioned grade, not to exceed captain, determined by the 
Secretary to be most appropriate to the qualifications and 
experience of that individual.
SEC. 205. AUTHORITY FOR ONE-STEP TURNKEY DESIGN-
BUILD CONTRACTING. 
(a) IN GENERAL.—Chapter 17 of title 14, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 677. Turnkey selection procedures 
‘‘(a) AUTHORITY TO USE.—The Secretary may use 
one-step turnkey selection procedures for the purpose of 
entering into contracts for construction projects. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) The term ‘one-step turn-key selection pro-
cedures’ means procedures used for the selection of 
a contractor on the basis of price and other evalua-
tion criteria to perform, in accordance with the pro-
visions of a firm fixed-price contract, both the design 
and construction of a facility using performance 
specifications supplied by the Secretary. 
‘‘(2) The term ‘construction’ includes the con-
struction, procurement, development, conversion, or 
extension, of any facility. 
‘‘(3) The term ‘facility’ means a building, struc-
ture, or other improvement to real property.’’. 
(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of such chapter is amended by inserting after the 
item relating to section 676 the following:
‘‘677. Turnkey selection procedures.’’.
SEC. 206. RESERVE RECALL AUTHORITY. 
Section 712(a) of title 14, United States Code, is 
amended—
(1) by inserting ‘‘, or to aid in prevention of an 
imminent,’’ after ‘‘during’’; 
(2) by striking ‘‘or’’ before ‘‘catastrophe’’; 
(3) by inserting ‘‘, act of terrorism as defined 
in section 2(15) of the Homeland Security Act of 
2002 (6 U.S.C. 101(15)), or transportation security 
incident as defined in section 70101 of title 46’’ 
after ‘‘catastrophe’’; 
(4) by striking ‘‘thirty days in any four-month 
period’’ and inserting ‘‘60 days in any 4-month pe-
riod’’; and 
(5) by striking ‘‘sixty days in any two-year pe-
riod’’ and inserting ‘‘120 days in any 2-year period’’. 
SEC. 207. RESERVE OFFICER DISTRIBUTION. 
Section 724 of title 14, United States Code, is 
amended—
(1) in subsection (a), by inserting after the first 
sentence the following: ‘‘Reserve officers on an ac-
tive-duty list shall not be counted as part of the au-
thorized number of officers in the Reserve.’’; and 
(2) in subsection (b), by striking so much as 
precedes paragraph (2) and inserting the following: