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 designa-
tion is revoked,’’ and inserting ‘‘When an indi-
vidual’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 Sec-
retary to be most appropriate to the qualifications and ex-
perience 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 following 
new section: 
‘‘§ 677. Turnkey selection procedures 
‘‘(a) AUTHORITY TO USE.—The Secretary may use 
one-step turnkey selection procedures for the purpose of en-
tering into contracts for construction projects. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) The term ‘one-step turn-key selection proce-
dures’ means procedures used for the selection of a 
contractor on the basis of price and other evaluation 
criteria to perform, in accordance with the provisions
of a firm fixed-price contract, both the design and 
construction of a facility using performance specifica-
tions 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 inci-
dent as defined in section 70101 of title 46’’ after ‘‘ca-
tastrophe’’; 
(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 amend-
ed— 
(1) in subsection (a), by inserting after the first 
sentence the following: ‘‘Reserve officers on an active- 
duty list shall not be counted as part of the author-
ized number of officers in the Reserve.’’; and 
(2) in subsection (b), by striking so much as pre-
cedes paragraph (2) and inserting the following: 
‘‘(b)(1) The Secretary shall, at least once each year, 
make a computation to determine the number of Reserve 
officers in an active status authorized to be serving in each 
grade. The number in each grade shall be computed by ap-
plying the applicable percentage to the total number of such 
officers serving in an active status on the date the computa-
tion is made. The number of Reserve officers in an active 
status below the grade of rear admiral (lower half) shall 
be distributed by pay grade so as not to exceed percentages 
of commissioned officers authorized by section 42(b) of this 
title. When the actual number of Reserve officers in an ac-
tive status in a particular pay grade is less than the max-
imum percentage authorized, the difference may be applied 
to the number in the next lower grade. A Reserve officer
may not be reduced in rank or grade solely because of a 
reduction in an authorized number as provided for in this 
subsection, or because an excess results directly from the op-
eration of law.’’. 
SEC. 208. EXPANSION OF USE OF AUXILIARY EQUIPMENT 
TO SUPPORT COAST GUARD MISSIONS. 
(a) USE OF MOTORIZED VEHICLES.—Section 826 of 
title 14, United States Code, is amended— 
(1) by designating the existing undesignated text 
as subsection (a); and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) The Coast Guard may utilize to carry out its 
functions and duties as authorized by the Secretary any 
motorized vehicle placed at its disposition by any member 
of the Auxiliary, by any corporation, partnership, or asso-
ciation, or by any State or political subdivision thereof, to 
tow Federal Government property.’’. 
(b) 
APPROPRIATIONS
FOR
FACILITIES.—Section 
830(a) of title 14, United States Code, is amended by strik-
ing ‘‘or radio station’’ and inserting ‘‘radio station, or mo-
torized vehicle’’ each place it appears.
SEC. 209. COAST GUARD HISTORY FELLOWSHIPS. 
(a) FELLOWSHIPS AUTHORIZED.—Chapter 9 of title 
14, United States Code, is amended by adding at the end 
the following: 
‘‘§ 197. Coast Guard history fellowships 
‘‘(a) FELLOWSHIPS.—The Commandant of the Coast 
Guard shall prescribe regulations under which the Com-
mandant may award fellowships in Coast Guard history 
to individuals who are eligible under subsection (b). 
‘‘(b) ELIGIBLE INDIVIDUALS.—An individual shall be 
eligible under this subsection if the individual is a citizen 
or national of the United States and— 
‘‘(1) is a graduate student in United States his-
tory; 
‘‘(2) has completed all requirements for a doc-
toral degree other than preparation of a dissertation; 
and 
‘‘(3) agrees to prepare a dissertation in a subject 
area of Coast Guard history determined by the Com-
mandant. 
‘‘(c) REGULATIONS.—The regulations prescribed under 
this section shall include— 
‘‘(1) the criteria for award of fellowships; 
‘‘(2) the procedures for selecting recipients of fel-
lowships;
‘‘(3) the basis for determining the amount of a 
fellowship; and 
‘‘(4) subject to the availability of appropriations, 
the total amount that may be awarded as fellowships 
during an academic year.’’. 
(b) CLERICAL AMENDMENT.—The analysis at the be-
ginning of such chapter is amended by adding at the end 
the following: 
‘‘197. Coast Guard history fellowships.’’. 
TITLE III—SHIPPING AND 
NAVIGATION 
SEC. 301. TREATMENT OF FERRIES AS PASSENGER VES-
SELS. 
(a) FERRY DEFINED.—Section 2101 of title 46, United 
States Code, is amended by inserting after paragraph (10a) 
the following: 
‘‘(10b) ‘ferry’ means a vessel that is used on a 
regular schedule— 
‘‘(A) to provide transportation only between 
places that are not more than 300 miles apart, 
and 
‘‘(B) to transport only— 
‘‘(i) passengers, or 
‘‘(ii) vehicles, or railroad cars, that are 
being used, or have been used, in trans-
porting passengers or goods.’’.
(b) PASSENGER VESSELS THAT ARE FERRIES.—Sec-
tion 2101(22) of title 46, United States Code, is amended— 
(1) by striking ‘‘or’’ after the semicolon at the 
end of subparagraph (B); 
(2) by striking the period at the end of subpara-
graph (C) and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(D) that is a ferry carrying a passenger.’’. 
(c) SMALL PASSENGER VESSELS THAT ARE FER-
RIES.—Section 2101(35) of title 46, United States Code, is 
amended— 
(1) by striking ‘‘or’’ after the semicolon at the 
end of subparagraph (C); 
(2) by striking the period at the end of subpara-
graph (D) and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(E) that is a ferry carrying more than 6 
passengers.’’. 
SEC. 302. GREAT LAKES PILOTAGE ANNUAL RATEMAKING. 
Section 9303 of title 46, United States Code, is amend-
ed— 
(1) in subsection (f) by striking ‘‘The’’ and in-
serting ‘‘Before March 1 of each year, the’’; and 
(2) by adding at the end the following:
‘‘(g) The Secretary shall ensure that the number of full- 
time equivalent employees assigned to carry out this section 
is not less than 4.’’. 
SEC. 303. 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 in the 
matter following subparagraph (C) by striking ‘‘denial of 
such claim of registry’’ and inserting ‘‘response’’. 
SEC. 304. LNG TANKERS. 
(a) PROGRAM.—The Secretary of Transportation shall 
develop and implement a program to promote the transpor-
tation of liquefied natural gas to the United States on 
United States-flag vessels. 
(b) AMENDMENT TO DEEPWATER PORT ACT.—Section 
4 of the Deepwater Port Act of 1974 (33 U.S.C. 1503) is 
amended by adding at the end the following: 
‘‘(i) To promote the security of the United States, the 
Secretary shall give top priority to the processing of a li-
cense under this Act for liquefied natural gas facilities that 
will be supplied with liquefied natural gas by United States 
flag-vessels.’’. 
(c) REPORT.—Within 6 months after the date of the 
enactment of this Act, the Secretary shall submit a report 
to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate on the 
implementation of this section. 
TITLE IV—MISCELLANEOUS 
SEC. 401. TECHNICAL CORRECTIONS. 
(a) REQUIREMENTS FOR COOPERATIVE AGREEMENTS 
FOR VOLUNTARY SERVICES.—Section 93(a)(19) of title 14, 
United States Code, as amended by section 201 of the Coast 
Guard and Maritime Transportation Act of 2004 (Public 
Law 108–293; 118 Stat. 1031), is amended by redesig-
nating subparagraphs (1) and (2) in order as subpara-
graphs (A) and (B). 
(b) CORRECTION OF AMENDMENT TO CHAPTER ANAL-
YSIS.—Section 212(b) of the Coast Guard and Maritime 
Transportation Act of 2004 (Public Law 108–293; 118 
Stat. 1037) is amended by inserting ‘‘of title 14’’ after 
‘‘chapter 17’’. 
(c) RECOMMENDATIONS
TO
CONGRESS
BY
COM-
MANDANT OF THE COAST GUARD.—Section 93(a) of title 
14, United States Code, as amended by sections 201 and 
217 of the Coast Guard and Maritime Transportation Act 
of 2004 (Public Law 108–293; 118 Stat. 1031, 1038), is 
amended by redesignating paragraph (y) as paragraph 
(24).
(d) CORRECTION OF REFERENCE TO PORTS AND WA-
TERWAYS SAFETY ACT.—Section 302 of the Coast Guard 
and Maritime Transportation Act of 2004 (Public Law 
108–293; 118 Stat. 1041) is amended by striking ‘‘of 1972’’. 
(e) TECHNICAL CORRECTION OF PENALTY.—Section 
4311(b) of title 46, United States Code, as amended by sec-
tion 406 of the Coast Guard and Maritime Transportation 
Act of 2004 (Public Law 108–293; 118 Stat. 1043), is 
amended by striking ‘‘4307(a)of’’ and inserting ‘‘4307(a) 
of’’. 
(f) DETERMINING ADEQUACY OF POTABLE WATER.— 
Section 3305(a) of title 46, United States Code, as amended 
by section 416(b)(3) of the Coast Guard and Maritime 
Transportation Act of 2004 (Public Law 108–293; 118 
Stat. 1047), is amended by moving paragraph (2) two ems 
to the left, so that the material preceding subparagraph (A) 
of such paragraph aligns with the left-hand margin of para-
graph (1) of such section. 
(g) RENEWAL OF ADVISORY GROUP.—Section 418(a) 
of the Coast Guard and Maritime Transportation Act of 
2004 (Public Law 108–293; 118 Stat. 1049) is amended 
by striking ‘‘of September 30, 2005’’ and inserting ‘‘on Sep-
tember 30, 2005’’. 
(h) TECHNICAL CORRECTIONS RELATING
TO REF-
ERENCES TO NATIONAL DRIVER REGISTER.—
(1) AMENDMENT INSTRUCTION.—Section 609(1) 
of the Coast Guard and Maritime Transportation Act 
of 2004 (Public Law 108–293; 118 Stat. 1058) is 
amended in the matter preceding subparagraph (A) 
by striking ‘‘7302’’ and inserting ‘‘7302(c)’’. 
(2) OMITTED WORD.—Section 7302(c) of title 46, 
United States Code, as amended by section 609(1) of 
the Coast Guard and Maritime Transportation Act of 
2004 (Public Law 108–293; 118 Stat. 1058), is 
amended— 
(A) 
by 
inserting 
‘‘section’’ 
before 
‘‘30305(b)(5)’’; and 
(B) 
by 
inserting 
‘‘section’’ 
before 
‘‘30304(a)(3)(A)’’. 
(3) EXTRANEOUS
U.S.C. REFERENCE.—Section 
7703(3) of title 46, United States Code, as amended 
by section 609(3) of the Coast Guard and Maritime 
Transportation Act of 2004 (Public Law 108–293; 
118 Stat. 1058), is amended by striking ‘‘(23 U.S.C. 
401 note)’’. 
(i) VESSEL RESPONSE PLANS FOR NONTANK VES-
SELS.— 
(1) CORRECTION OF VESSEL REFERENCES.—Sec-
tion 311 of the Federal Water Pollution Control Act 
(33 U.S.C. 1321), as amended by section 701 of the
Coast Guard and Maritime Transportation Act of 
2004 (Public Law 108–293; 118 Stat. 1067), is 
amended by striking ‘‘non-tank’’ each place it ap-
pears and inserting ‘‘nontank’’. 
(2) PUNCTUATION ERROR.—Section 701(b)(9) of 
the Coast Guard and Maritime Transportation Act of 
2004 (Public Law 108–293; 118 Stat. 1068) is 
amended by inserting close quotation marks after 
‘‘each tank vessel’’. 
(j) PUNCTUATION ERROR.—Section 5006(c) of the Oil 
Pollution Act of 1990 (33 U.S.C. 2736(c)), as amended by 
section 704(1) of the Coast Guard and Maritime Transpor-
tation Act of 2004 (Public Law 108–293; 118 Stat. 1075), 
is amended by inserting a comma after ‘‘October 1, 2012’’. 
(k) CORRECTION TO SUBTITLE DESIGNATION.— 
(1) REDESIGNATION.—Title 46, United States 
Code, is amended by redesignating subtitle VI as sub-
title VII. 
(2) CLERICAL AMENDMENT.—The table of sub-
titles at the beginning of title 46, United States Code, 
is amended by striking the item relating to subtitle VI 
and inserting the following: 
‘‘VII. MISCELLANEOUS .............................................................................. 70101’’. 
(l) CORRECTIONS
TO CHAPTER 701 OF TITLE 46, 
UNITED STATES CODE.—Chapter 701 of title 46, United 
States Code, is amended as follows:
(1) Sections 70118 and 70119, as added by sec-
tion 801 of the Coast Guard and Maritime Transpor-
tation Act of 2004 (Public Law 108–293; 118 Stat. 
1078), are redesignated as sections 70117 and 70118, 
respectively, and moved to appear immediately after 
section 70116 of title 46, United States Code. 
(2) Sections 70117 and 70118, as added by sec-
tion 802 of such Act (Public Law 108–293; 118 Stat. 
1078), are redesignated as sections 70120 and 70121, 
respectively, and moved to appear immediately after 
section 70119 of title 46, United States Code. 
(3) In section 70120(a), as redesignated by para-
graph (2) of this section, by striking ‘‘section 70120’’ 
and inserting ‘‘section 70119’’. 
(4) In section 70121(a), as redesignated by para-
graph (2) of this section, by striking ‘‘section 70120’’ 
and inserting ‘‘section 70119’’. 
(5) In the analysis at the beginning of the chap-
ter, by striking the items relating to sections 70117 
through the second 70119 and inserting the following: 
‘‘70117. Firearms, arrests, and seizure of property. 
‘‘70118. Enforcement by State and local officers. 
‘‘70119. Civil penalty. 
‘‘70120. In rem liability for civil penalties and certain costs. 
‘‘70121. Withholding of clearance.’’. 
(m) AREA MARITIME SECURITY ADVISORY COMMIT-
TEES; MARGIN ALIGNMENT.—Section 70112(b) of title 46, 
United States Code, as amended by section 806 of the Coast
Guard and Maritime Transportation Act of 2004 (Public 
Law 108–293; 118 Stat. 1082), is amended by moving 
paragraph (5) two ems to the left, so that the left-hand mar-
gin of paragraph (5) aligns with the left-hand margin of 
paragraph (4) of such section. 
(n) TECHNICAL CORRECTION REGARDING TANK VES-
SEL ENVIRONMENTAL EQUIVALENCY EVALUATION INDEX.— 
Section 4115(e)(3) of the Oil Pollution Act of 1990 (46 
U.S.C. 3703a note) is amended by striking ‘‘hull’’ the sec-
ond place it appears. 
(o) EFFECTIVE DATE.—This section shall take effect 
August 9, 2004. 
SEC. 402. AUTHORIZATION OF JUNIOR RESERVE OFFICERS 
TRAINING PROGRAM PILOT PROGRAM. 
(a) IN GENERAL.—The Secretary of the department in 
which the Coast Guard is operating (in this section referred 
to as the ‘‘Secretary’’) may carry out a pilot program to 
establish and maintain a junior reserve officers training 
program in cooperation with the Camden County High 
School in Camden County, North Carolina. 
(b) PROGRAM REQUIREMENTS.—A pilot program car-
ried out by the Secretary under this section shall provide 
to students at Camden County High School— 
(1) instruction in subject areas relating to oper-
ations of the Coast Guard; and
(2) training in skills which are useful and ap-
propriate for a career in the Coast Guard. 
(c) PROVISION OF ADDITIONAL SUPPORT.—To carry 
out a pilot program under this section, the Secretary may 
provide to Camden County High School— 
(1) assistance in course development, instruction, 
and other support activities; 
(2) commissioned, warrant, and petty officers of 
the Coast Guard to serve as administrators and in-
structors; and 
(3) necessary and appropriate course materials, 
equipment, and uniforms. 
(d) EMPLOYMENT OF RETIRED COAST GUARD PER-
SONNEL.— 
(1) IN GENERAL.—Subject to paragraph (2) of 
this subsection, the Secretary may authorize the Cam-
den County High School to employ as administrators 
and instructors for the pilot program retired Coast 
Guard and Coast Guard Reserve commissioned, war-
rant, and petty officers who request that employment 
and who are approved by the Secretary and Camden 
County High School. 
(2) AUTHORIZED PAY.— 
(A) IN
GENERAL.—Retired members em-
ployed under paragraph (1) of this subsection
are entitled to receive their retired or retainer 
pay and an additional amount of not more than 
the difference between— 
(i) the amount the individual would be 
paid as pay and allowance if they were con-
sidered to have been ordered to active duty 
during that period of employment; and 
(ii) the amount of retired pay the indi-
vidual is entitled to receive during that pe-
riod. 
(B) PAYMENT TO SCHOOL.—The Secretary 
shall pay to Camden County High School an 
amount equal to one half of the amount described 
in subparagraph (A) of this paragraph, from 
funds appropriated for that purpose. 
(C) NOT DUTY OR DUTY TRAINING.—Not-
withstanding any other law, while employed 
under this subsection, an individual is not con-
sidered to be on active duty or inactive duty 
training. 
SEC. 403. TRANSFER. 
Section 602(b)(2) of the Coast Guard and Maritime 
Transportation Act of 2004 (118 Stat. 1051) is amended 
by striking ‘‘to be conveyed’’ and all that follows through 
the period and inserting ‘‘to be conveyed to CAS Founda-
tion, Inc. (a nonprofit corporation under the laws of the 
State of Indiana.’’. 
SEC. 404. LONG-RANGE VESSEL TRACKING SYSTEM. 
(a) PILOT PROJECT.—Subject to the availability of ap-
propriations, the Secretary of the department in which the 
Coast Guard is operating, acting through the Commandant 
of the Coast Guard, shall conduct a pilot program for long 
range tracking of up to 2,000 vessels using satellite systems 
pursuant to section 70115 of title 46, United States Code. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary of the de-
partment in which the Coast Guard is operating $4,000,000 
for fiscal year 2006 to carry out the pilot program author-
ized under subsection (a). 
SEC. 405. REPORT. 
(a) IN GENERAL.—The Commandant of the Coast 
Guard shall review the adequacy of assets described in sub-
section (b) to carry out the Coast Guard’s missions includ-
ing search and rescue, illegal drug and migrant interdic-
tion, and fisheries law enforcement. Not later than 180 days 
after the date of the enactment of this Act, the Commandant 
shall submit a report to the Committee on Transportation 
and Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of 
the Senate that includes the findings of that review and
any recommendations to enhance mission capabilities in 
those areas. 
(b) AREAS OF REVIEW.—The report under subsection 
(a) shall provide information and recommendations on the 
following assets: 
(1) Coast Guard aircraft, including helicopters, 
stationed at Air Station Detroit in the State of 
Michigan. 
(2) Coast Guard vessels and aircraft stationed in 
the Commonwealth of Puerto Rico. 
(3) Coast Guard vessels and aircraft stationed in 
the State of Louisiana along the Lower Mississippi 
River between the Port of New Orleans and the Red 
River. 
SEC. 406. TRAINING OF CADETS AT UNITED STATES MER-
CHANT MARINE ACADEMY. 
Section 1303(f) of the Merchant Marine Act, 1936 (46 
App. U.S.C. 1295b(f)) is amended— 
(1) in paragraph (2) by striking ‘‘and’’ after the 
semicolon at the end; 
(2) in paragraph (3) by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(4) on any other vessel considered necessary or 
appropriate or in the national interest.’’.
SEC. 407. MARINE CASUALTY INVESTIGATIONS STUDY. 
(a) STUDY.—Within 3 months after the date of enact-
ment of this Act, the Commandant of the Coast Guard shall 
enter into an agreement with National Institute for Occu-
pational Safety and Health for a study of the Coast Guard 
marine casualty investigation program to examine the ex-
tent to which marine casualty investigations and reports— 
(1) result in information and recommendations 
that prevent similar casualties; 
(2) minimize the effect of similar casualties, 
given that it has occurred; and 
(3) maximize lives saved in similar casualties, 
given that the vessel has become uninhabitable. 
(b) INCLUDED ELEMENTS.—To promote the safety of 
all those who work on or travel by water and to protect 
the marine environment, the study shall include consider-
ation of— 
(1) the adequacy of resources devoted to marine 
casualty investigations considering caseload, training 
and experience of marine casualty investigators, and 
duty assignment practices; 
(2) investigation standards and methods, includ-
ing a comparison of the formal and informal inves-
tigation processes; 
(3) use of best investigation practices considering 
transportation investigation practices used by other
Federal agencies and foreign governments, including 
the British MAIB program; 
(4) marine casualty data base management and 
use of casualty data and information as an input to 
marine casualty prevention programs; 
(5) the extent to which marine casualty data and 
information have been used to improve the surviv-
ability and habitability of vessels involved in marine 
casualties; and 
(6) any changes to current statutes that would 
clarify Coast Guard responsibilities for marine cas-
ualty investigations and report. 
(c) REPORT TO CONGRESS.—The study, along with its 
findings and recommendations, shall be provided to the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate within 18 
months after entering into a contract with the Institute. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $625,000 to carry out the 
study required by this section. 
SEC. 
408. 
CONVEYANCE 
OF 
DECOMMISSIONED 
COAST 
GUARD CUTTER MACKINAW. 
(a) IN GENERAL.—Upon the scheduled decommis-
sioning of the Coast Guard Cutter MACKINAW, the Com-
mandant of the Coast Guard shall convey all right, title, 
and interest of the United States in and to that vessel to 
the City and County of Cheboygan, Michigan, without con-
sideration, if— 
(1) the recipient agrees— 
(A) to use the vessel for purposes of a mu-
seum; 
(B) not to use the vessel for commercial 
transportation purposes; 
(C) to make the vessel available to the 
United States Government if needed for use by 
the Commandant in time of war or a national 
emergency; and 
(D) to hold the Government harmless for 
any claims arising from exposure to hazardous 
materials, 
including 
asbestos 
and 
poly-
chlorinated biphenyls (PCBs), after conveyance 
of the vessel, except for claims arising from the 
use by the Government under subparagraph (C); 
(2) the recipient has funds available that will be 
committed to operate and maintain the vessel con-
veyed in good working condition, in the form of cash, 
liquid assets, or a written loan commitment, and in 
an amount of at least $700,000; and
(3) the recipient agrees to any other conditions 
the Commandant considers appropriate. 
(b) MAINTENANCE AND DELIVERY OF VESSEL.—Prior 
to conveyance of the vessel under this section, the Com-
mandant shall, to the extent practical, and subject to other 
Coast Guard mission requirements, make every effort to 
maintain the integrity of the vessel and its equipment until 
the time of delivery. If a conveyance is made under this 
section, the Commandant shall deliver the vessel at the place 
where the vessel is located, in its present condition, and 
without cost to the Government. The conveyance of the vessel 
under this section shall not be considered a distribution in 
commerce for purposes of section 6(e) of Public Law 94– 
469 (15 U.S.C. 2605(e)). 
(c) OTHER EXCESS EQUIPMENT.—The Commandant 
may convey to the recipient any excess equipment or parts 
from other decommissioned Coast Guard vessels for use to 
enhance the vessel’s operability and function for purposes 
of a museum. 
SEC. 409. DEEPWATER IMPLEMENTATION REPORT. 
Within 30 days after the date of the enactment of this 
Act, the Secretary of the department in which the Coast 
Guard is operating shall submit to the Committee on Trans-
portation and Infrastructure of the House of Representa-
tives and the Committee on Commerce, Science, and Trans-
portation of the Senate a report on the implementation of 
the Integrated Deepwater Program that includes— 
(1) a complete timeline for the acquisition of 
each new Deepwater asset and the phase-out of legacy 
assets for the life of such program; 
(2) a projection of the remaining operational 
lifespan of each legacy asset; 
(3) a detailed justification for each modification 
in each Integrated Deepwater Program asset that ful-
fills the revised mission needs statement for the pro-
gram; and 
(4) a total cost of the program that aligns with 
the revised mission needs statement for the program. 
SEC. 410. HELICOPTERS. 
(a) IN GENERAL.—The Secretary of the department in 
which the Coast Guard is operating may in accordance 
with this section acquire or lease up to four previously used 
HH–65 helicopters or airframes (or any combination there-
of) that were not under the administrative control of the 
Coast Guard on January 1, 2005. 
(b) DETERMINATION AND CERTIFICATION.—The Sec-
retary shall not acquire or lease any previously used HH– 
65 helicopters or airframes under subsection (a), until the 
end of the 90-day period beginning on the date the Sec-
retary notifies the Committee on Transportation and Infra-
structure of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate 
that the Secretary has— 
(1) determined that acquiring or leasing such 
previously used helicopters or airframes, and making 
any modifications to such helicopters or airframes 
that are needed to ensure those helicopters and air-
frames meet the design, construction, and equipment 
standards that apply to H–65 helicopters under the 
administrative control of the Coast Guard on May 18, 
2005, is more cost-effective than acquiring or leasing 
an equal number of MH–68 helicopters; and 
(2) certified that the helicopters and airframes 
will meet all applicable Coast Guard safety require-
ments. 
SEC. 411. REPORTS FROM MORTGAGEES OF VESSELS. 
Section 12120 of title 46, United States Code, is 
amended by striking ‘‘owners, masters, and charterers’’ and 
inserting ‘‘owners, masters, charterers, and mortgagees’’. 
SEC. 412. NEWTOWN CREEK, NEW YORK CITY, NEW YORK. 
(a) STUDY.—Of the amounts provided under section 
1012 of the Oil Pollution Act, the Coast Guard shall conduct 
a study of public health and safety concerns related to the 
pollution of Newtown Creek, New York City, New York, 
caused by seepage of oil into Newtown Creek from
17,000,000 gallons of underground oil spills in Greenpoint, 
Brooklyn, New York. 
(b) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Coast Guard shall transmit to 
Congress a report containing the results of the study.
Union Calendar No. 124
109TH CONGRESS 
1ST SESSION 
H. R. 889
[Report No. 109–204, Part I] 
A BILL 
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. 
JULY 29, 2005
Committee on Homeland Security discharged; committed 
to the Committee of the Whole House on the State of 
the Union, and ordered to be printed