[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 889 Reported in House (RH)]
Union Calendar No. 124
109th CONGRESS
1st Session
H. R. 889
[Report No. 109-204, Part I]
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 17, 2005
Mr. Young of Alaska (for himself, Mr. Oberstar, Mr. LoBiondo, and Mr.
Filner) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
July 28, 2005
Reported with an amendment and referred to the Committee on Homeland
Security for a period ending not later than July 29, 2005, for
consideration of such provisions of the bill and amendment as fall
within the jurisdiction of that committee pursuant to clause 1(i) of
rule X
[Strike out all after the enacting clause and insert the part printed
in italic]
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
[For text of introduced bill, see copy of bill as introduced on
February 17, 2005]
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coast Guard and Maritime
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.
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 missions.
Sec. 209. Coast Guard history fellowships.
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 program.
Sec. 403. Transfer.
Sec. 404. Long-range vessel tracking system.
Sec. 405. Report.
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.
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 Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act of
1990.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including 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 Pollution Act of 1990),
to remain available until expended;
(B) $1,316,300,000 is authorized for acquisition
and construction of shore and offshore facilities,
vessels, and aircraft, including equipment 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, including equipment
related thereto, and other activities that constitute
the Integrated Deepwater Systems.
(3) To 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 navigation, 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 section 1012(a)(5) of the Oil Pollution Act of
1990.
(4) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose), payments under the Retired Serviceman's Family
Protection and Survivor Benefit 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 remain
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 Alteration Program, $35,900,000.
(6) For environmental compliance and restoration at Coast
Guard facilities (other than parts and equipment associated
with operation and maintenance), $12,000,000, to remain
available until expended.
(7) For the Coast Guard Reserve program, including
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 personnel 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 student 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 civilian
institutions for fiscal year 2006, 350 student years.
(4) For officer acquisition for fiscal year 2006, 1,200
student years.
TITLE II--COAST GUARD
SEC. 201. EXTENSION OF COAST GUARD VESSEL ANCHORAGE AND MOVEMENT
AUTHORITY.
Section 91 of title 14, United States Code, is amended 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 Proclamation No. 5928 of December 27,
1988.''.
SEC. 202. INTERNATIONAL TRAINING AND TECHNICAL ASSISTANCE.
(a) In General.--Section 149 of title 14, United States Code, is
amended--
(1) by amending the section heading to read as follows:
``Sec. 149. Assistance to foreign governments and maritime
authorities'';
(2) by inserting before the existing undesignated 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 subsection:
``(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, including law enforcement and maritime safety and security
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 subsection:
``(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 Secretary to possess
the necessary qualifications.''; and
(B) in the second sentence, by striking ``a member
so designated'' and inserting ``an individual so
designated'';
(2) in subsection (c)--
(A) by striking ``of a member'' and inserting ``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 designation 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 commissioned 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 following new section:
``Sec. 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 procedures'
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 specifications supplied by the Secretary.
``(2) The term `construction' includes the construction,
procurement, development, conversion, or extension, of any
facility.
``(3) The term `facility' means a building, structure, or
other improvement to real property.''.
(b) Clerical Amendment.--The analysis at the beginning 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 period''; and
(5) by striking ``sixty days in any two-year period'' 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 active-duty
list shall not be counted as part of the authorized number of
officers in the Reserve.''; and
(2) in subsection (b), by striking so much as precedes
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 applying the applicable percentage to the total
number of such officers serving in an active status on the date the
computation 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 active status in a particular pay grade is less
than the maximum 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 operation 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 subsection:
``(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 association, 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 striking ``or radio station'' and
inserting ``radio station, or motorized 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:
``Sec. 197. Coast Guard history fellowships
``(a) Fellowships.--The Commandant of the Coast Guard shall
prescribe regulations under which the Commandant 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 history;
``(2) has completed all requirements for a doctoral 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 Commandant.
``(c) Regulations.--The regulations prescribed under this section
shall include--
``(1) the criteria for award of fellowships;
``(2) the procedures for selecting recipients of
fellowships;
``(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 beginning 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 VESSELS.
(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 transporting
passengers or goods.''.
(b) Passenger Vessels That Are Ferries.--Section 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 subparagraph (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 Ferries.--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 subparagraph (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 amended--
(1) in subsection (f) by striking ``The'' and inserting
``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 Enforcement 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 transportation 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 license 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 Commerce, 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
redesignating subparagraphs (1) and (2) in order as subparagraphs (A)
and (B).
(b) Correction of Amendment to Chapter Analysis.--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 Commandant 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 Waterways 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 section 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 paragraph (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 September 30, 2005''.
(h) Technical Corrections Relating to References 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 Vessels.--
(1) Correction of vessel references.--Section 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
appears 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 Transportation 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 subtitle VII.
(2) Clerical amendment.--The table of subtitles 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 section 801 of
the Coast Guard and Maritime Transportation 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 section 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 paragraph (2)
of this section, by striking ``section 70120'' and inserting
``section 70119''.
(4) In section 70121(a), as redesignated by paragraph (2)
of this section, by striking ``section 70120'' and inserting
``section 70119''.
(5) In the analysis at the beginning of the chapter, 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 Committees; 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 margin of paragraph (5) aligns
with the left-hand margin of paragraph (4) of such section.
(n) Technical Correction Regarding Tank Vessel 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
second 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 carried out by the
Secretary under this section shall provide to students at Camden County
High School--
(1) instruction in subject areas relating to operations of
the Coast Guard; and
(2) training in skills which are useful and appropriate 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 instructors; and
(3) necessary and appropriate course materials, equipment,
and uniforms.
(d) Employment of Retired Coast Guard Personnel.--
(1) In general.--Subject to paragraph (2) of this
subsection, the Secretary may authorize the Camden County High
School to employ as administrators and instructors for the
pilot program retired Coast Guard and Coast Guard Reserve
commissioned, warrant, 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 employed 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 considered to
have been ordered to active duty during that
period of employment; and
(ii) the amount of retired pay the
individual is entitled to receive during that
period.
(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.--Notwithstanding any
other law, while employed under this subsection, an
individual is not considered 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 Foundation, 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 appropriations,
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 department in which the Coast
Guard is operating $4,000,000 for fiscal year 2006 to carry out the
pilot program authorized under subsection (a).
SEC. 405. REPORT.
(a) In General.--The Commandant of the Coast Guard shall review the
adequacy of assets described in subsection (b) to carry out the Coast
Guard's missions including search and rescue, illegal drug and migrant
interdiction, 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 MERCHANT 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 enactment of this
Act, the Commandant of the Coast Guard shall enter into an agreement
with National Institute for Occupational Safety and Health for a study
of the Coast Guard marine casualty investigation program to examine the
extent 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 consideration 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, including a
comparison of the formal and informal investigation 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 survivability and
habitability of vessels involved in marine casualties; and
(6) any changes to current statutes that would clarify
Coast Guard responsibilities for marine casualty 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 decommissioning of the Coast
Guard Cutter MACKINAW, the Commandant 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
consideration, if--
(1) the recipient agrees--
(A) to use the vessel for purposes of a museum;
(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 polychlorinated 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 conveyed 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 Commandant 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 Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation 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 fulfills the revised
mission needs statement for the program; 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 thereof) that were not under the administrative control of
the Coast Guard on January 1, 2005.
(b) Determination and Certification.--The Secretary 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 Secretary notifies the Committee on Transportation and
Infrastructure 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 airframes 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 requirements.
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 corrections 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