[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