[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1280 Reported in Senate (RS)]
Calendar No. 185
109th CONGRESS
1st Session
S. 1280
[Report No. 109-114]
To authorize appropriations for fiscal years 2006 and 2007 for the
United States Coast Guard, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 21, 2005
Ms. Snowe (for herself, Ms. Cantwell, Mr. Stevens, Mr. Inouye, and Mr.
Lott) introduced the following bill; which was read twice and referred
to the Committee on Commerce, Science and Transportation
July 28, 2005
Reported by Mr. Stevens, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal years 2006 and 2007 for the
United States 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 Authorization Act of
2005''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--AUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Web-based risk management data system.
TITLE II--HOMELAND SECURITY, MARINE SAFETY, FISHERIES, AND
ENVIRONMENTAL PROTECTION
Sec. 201. Extension of Coast Guard vessel Anchorage and movement
authority.
Sec. 202. Enhanced civil penalties for violations of the Maritime
Transportation Security Act.
Sec. 203. Icebreakers.
Sec. 204. Cooperative agreements.
Sec. 205. Pilot program for dockside no fault/no cost safety and
survivability examinations for uninspected
commercial fishing vessels.
Sec. 206. Reports from mortgagees of vessels.
Sec. 207. International training and technical assistance.
Sec. 208. Reference to Trust Territory of the Pacific Islands.
Sec. 209. Bio-diesel feasibility study.
Sec. 210. Certification of vessel nationality in drug smuggling cases.
Sec. 211. Jones Act waivers.
Sec. 212. Deepwater oversight.
Sec. 213. Deepwater report.
Sec. 214. LORAN-C.
Sec. 215. Long-range vessel tracking system.
Sec. 216. Marine vessel and cold water safety education.
Sec. 217. Suction anchors.
TITLE III--UNITED STATES OCEAN COMMISSION IMPLEMENTATION
Sec. 301. Place of refuge.
Sec. 302. Implementation of international agreements.
Sec. 303. Voluntary measures for reducing pollution from recreational
boats.
Sec. 304. Integration of vessel monitoring system data.
Sec. 305. Foreign fishing incursions.
TITLE IV--COAST GUARD PERSONNEL, FINANCIAL, AND PROPERTY MANAGEMENT
Sec. 401. Reserve officer distribution.
Sec. 402. Coast Guard band director.
Sec. 403. Reserve recall authority.
Sec. 404. Expansion of equipment used by auxiliary to support Coast
Guard missions.
Sec. 405. Authority for one-step turnkey design-build contracting.
Sec. 406. Officer promotions.
Sec. 407. Redesignation of Coast Guard law specialists as judge
advocates.
Sec. 408. Boating safety director.
Sec. 409. Hangar at Coast Guard air station at Barbers Point.
Sec. 410. Promotion of Coast Guard officers.
TITLE V--TECHNICAL AND CONFORMING AMENDMENTS
Sec. 501. Government organization.
Sec. 502. War and national defense.
Sec. 503. Financial management.
Sec. 504. Public contracts.
Sec. 505. Public printing and documents.
Sec. 506. Shipping.
Sec. 507. Transportation.
Sec. 508. Mortgage insurance.
Sec. 509. Arctic research.
Sec. 510. Conservation.
Sec. 511. Conforming amendment.
Sec. 512. Anchorage grounds.
Sec. 513. Bridges.
Sec. 514. Lighthouses.
Sec. 515. Oil pollution.
Sec. 516. Medical care.
Sec. 517. Conforming amendment to Social Security Act.
Sec. 518. Shipping.
Sec. 519. Nontank vessels.
Sec. 520. Drug interdiction report.
Sec. 521. Acts of terrorism report.
TITLE VI--EFFECTIVE DATES
Sec. 601. Effective dates.
TITLE I--AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) There are authorized to be appropriated for fiscal year 2006 to
the Secretary of the department in which the Coast Guard is operating
the following amounts:
(1) For the operation and maintenance of the Coast Guard
$5,594,900,000, of which $24,500,000 is authorized to be
derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act of
1990 (33 U.S.C. 2712(a)(5)).
(2) For the acquisition, construction, renovation, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment related
thereto, $1,424,852,000, to remain available until expended, of
which--
(A) $20,000,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); and
(B) $1,100,000,000 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.
(3) For the use of the Commandant of the Coast Guard for
research, development, test, and evaluation of technologies,
materials, and human factors directly relating to improving the
performance of the Coast Guard's mission in search and rescue,
aids to 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 (33 U.S.C. 2712(a)(5)).
(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, $17,400,000, of
which $2,500,000, to remain available until expended, may be
utilized for construction of a new Chelsea Street Bridge over
the Chelsea River in Boston, Massachusetts.
(6) For environmental compliance and restoration
$12,000,000, to remain available until expended for
environmental compliance and restoration functions under
chapter 19 of title 14, United States Code.
(7) For operation and maintenance of the Coast Guard
reserve program, $119,000,000.
(b) There are authorized to be appropriated for fiscal year 2007 to
the Secretary of the department in which the Coast Guard is operating
the following amounts:
(1) For the operation and maintenance of the Coast Guard
$6,042,492,000, of which $24,500,000 is authorized to be
derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act of
1990 (33 U.S.C. 2712(a)(5)).
(2) For the acquisition, construction, renovation, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment related
thereto, $1,538,840,160, to remain available until expended, of
which--
(A) $20,000,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990 (33
U.S.C. 2712(a)(5)); and
(B) $1,188,000,000 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.
(3) For the use of the Commandant of the Coast Guard for
research, development, test, and evaluation of technologies,
materials, and human factors directly relating to improving the
performance of the Coast Guard's mission in search and rescue,
aids to navigation, marine safety, marine environmental
protection, enforcement of laws and treaties, ice operations,
oceanographic research, and defense readiness, $25,920,000, to
remain available until expended, of which $3,500,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act of
1990 (33 U.S.C. 2712(a)(5)).
(4) For retired pay (including the payment of obligations
otherwise chargeable to lapsed 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, $1,095,206,400, 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, $18,792,000, of
which $2,500,000, to remain available until expended, may be
utilized for construction of a new Chelsea Street Bridge over
the Chelsea River in Boston, Massachusetts.
(6) For environmental compliance and restoration
$12,960,000, to remain available until expended for
environmental compliance and restoration functions under
chapter 19 of title 14, United States Code.
(7) For operation and maintenance of the Coast Guard
reserve program, $128,520,000.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
(a) Active Duty Strength.--The Coast Guard is authorized an end-of-
year strength of active duty personnel of 45,500 as of September 30,
2006.
(b) Military Training Student Loads.--For fiscal year 2006, the
Coast Guard is authorized average military training student loads as
follows:
(1) For recruit and special training, 2,500 student years.
(2) For flight training, 125 student years.
(3) For professional training in military and civilian
institutions, 350 student years.
(4) For officer acquisition, 1,200 student years.
SEC. 103. WEB-BASED RISK MANAGEMENT DATA SYSTEM.
There are authorized to be appropriated for fiscal year 2006 to the
Secretary of the department in which the Coast Guard is operating
$1,000,000 to continue deployment of a web-based risk management system
to help reduce accidents and fatalities.
TITLE II--HOMELAND SECURITY, MARINE SAFETY, FISHERIES, AND
ENVIRONMENTAL PROTECTION
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:
``(d) As used in this section, the term `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. ENHANCED CIVIL PENALTIES FOR VIOLATIONS OF THE MARITIME
TRANSPORTATION SECURITY ACT.
The second section enumerated 70119 of title 46, United States
Code, is amended--
(1) by inserting ``(a) In General.--'' before ``Any''; and
(2) by adding at the end the following:
``(b) Continuing Violations.--Each day of a continuing violation
shall constitute a separate violation, with a total fine per violation
not to exceed--
``(1) for violations occurring during fiscal year 2006,
$50,000;
``(2) for violations occurring during fiscal year 2007,
$75,000; and
``(3) for violations occurring after fiscal year 2007,
$100,000.
``(c) Determination of Amount.--In determining the amount of the
penalty, the Secretary shall take into account the nature,
circumstances, extent, and gravity of the violation committed and, with
respect to the violator, the degree of culpability, history of prior
offenses, ability to pay, and such other matters as justice may
require.
``(d) Compromise, Modification, and Remittal.--The Secretary may
compromise, modify, or remit, with or without conditions, any civil
penalty imposed under this section.''.
SEC. 203. ICEBREAKERS.
(a) In General.--The Secretary of the department in which the Coast
Guard is operating shall take all necessary measures--
(1) to ensure that the Coast Guard maintains, at a minimum,
its current vessel capacity for carrying out ice-breaking in
the Arctic and Antarctic regions, including the necessary
funding for operation and maintenance of such vessels; and
(2) for the long-term recapitalization of these assets.
(b) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal year 2006 to the Secretary of the department in
which the Coast Guard is operating $100,000,000 to carry out this
section.
SEC. 204. COOPERATIVE AGREEMENTS.
Not later than 180 days after the date of enactment of this Act,
the Secretary of the department in which the Coast Guard is operating
shall provide a report to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee on
Transportation and Infrastructure on opportunities for and the
feasibility of co-locating Coast Guard assets and personnel at
facilities of other Armed Services branches throughout the United
States. The report shall--
(1) identify the locations of possible sites;
(2) identify opportunities for cooperative agreements that
may be established between the Coast Guard and such facilities
with respect to maritime security and other Coast Guard
missions; and
(3) analyze anticipated costs and benefits associated with
each site and such agreements.
SEC. 205. PILOT PROGRAM FOR DOCKSIDE NO FAULT/NO COST SAFETY AND
SURVIVABILITY EXAMINATIONS FOR UNINSPECTED COMMERCIAL
FISHING VESSELS.
(a) Pilot Program.--The Secretary shall conduct a pilot program to
determine the effectiveness of mandatory dockside crew survivability
examinations of uninspected United States commercial fishing vessels in
reducing the number of fatalities and amount of property losses in the
United States commercial fishing industry.
(b) Definitions.--In this section:
(1) Dockside crew survivability examination.--The term
``dockside crew survivability examination'' means an
examination by a Coast Guard representative of an uninspected
fishing vessel and its crew at the dock or pier that includes--
(A) identification and examination of safety and
survival equipment required by law for that vessel;
(B) identification and examination of the vessel
stability standards applicable by law to that vessel;
and
(C) identification and observation of--
(i) proper crew training on the vessel's
safety and survival equipment; and
(ii) the crew's familiarity with vessel
stability and emergency procedures designed to
save life at sea and avoid loss or damage to
the vessel.
(2) Coast guard representative.--The term ``Coast Guard
representative'' means a Coast Guard member, civilian employee,
Coast Guard Auxiliarist, or person employed by an organization
accepted or approved by the Coast Guard to examine commercial
fishing industry vessels.
(3) Uninspected fishing vessel.--The term ``uninspected
fishing vessel'' means a vessel, not including fish processing
vessels or fish tender vessels (as defined in section 2101 of
title 46, United States Code), that commercially engages in the
catching, taking, or harvesting of fish or an activity that can
reasonably be expected to result in the catching, taking, or
harvesting of fish.
(c) Scope of Pilot Program.--The pilot program shall be conducted--
(1) in at least 5, but no more than 10, major United States
fishing ports where Coast Guard statistics reveal a high number
of fatalities on uninspected fishing vessels within the 4
fiscal year period beginning with fiscal year 2000, but shall
not be conducted in Coast Guard districts where a fishing
vessel safety program already exists;
(2) for a period of 5 calendar years following the date of
the enactment of this Act;
(3) in consultation with those organizations and persons
identified by the Secretary as directly affected by the pilot
program;
(4) as a non-fee service to those persons identified in
paragraph (3) above;
(5) without a civil penalty for any discrepancies
identified during the dockside crew survivability examination;
and
(6) to gather data identified by the Secretary as necessary
to conclude whether dockside crew survivability examinations
reduce fatalities and property losses in the fishing industry.
(d) Report.--Not later than 180 days after end of the third year of
the pilot program, the Secretary shall submit a report to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure on the
results of the pilot program. The report shall include--
(1) an assessment of the costs and benefits of the pilot
program including costs to the industry and lives and property
saved as a result of the pilot program;
(2) an assessment of the costs and benefits to the United
States Government of the pilot program including operational
savings such as personnel, maintenance, etc., from reduced
search and rescue or other operations; and
(3) any other findings and conclusions of the Secretary
with respect to the pilot program.
SEC. 206. REPORTS FROM MORTGAGEES OF VESSELS.
Section 12120 of title 46, United States Code, is amended by
striking ``owners, masters, and charterers'' and inserting ``owners,
masters, charterers, and mortgagees''.
SEC. 207. INTERNATIONAL TRAINING AND TECHNICAL ASSISTANCE.
(a) In General.--Section 149 of title 14, United States Code, is
amended--
(1) by striking the section heading and inserting the
following:
``Sec. 149. Assistance to foreign governments and maritime
authorities'';
(2) by inserting ``(a) Detail of Members To Assist Foreign
Governments.--'' before ``The President''; and
(3) by adding at the end the following:
``(b) Technical Assistance to Foreign Maritime Authorities.--The
Commandant, in coordination with the Secretary of State, may, in
conjunction with regular Coast Guard operations, provide technical
assistance, including law enforcement and maritime safety and security
training, to foreign navies, coast guards, and other maritime
authorities.''.
(b) Clerical Amendment.--The chapter analysis for chapter 7 of
title 14, United States Code, is amended by striking the item relating
to section 149 and inserting the following:
``149. Assistance to Foreign Governments and Maritime Authorities.''.
SEC. 208. REFERENCE TO TRUST TERRITORY OF THE PACIFIC ISLANDS.
Section 2102(a) of title 46, United States Code, is amended--
(1) by striking ``37, 43, 51, and 123'' and inserting ``43,
51, 61, and 123'';
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
SEC. 209. BIO-DIESEL FEASIBILITY STUDY.
(a) Study.--The Secretary of the department in which the Coast
Guard is operating shall conduct a study that examines the technical
feasibility, costs, and potential cost savings of using bio-diesel fuel
in new and existing Coast Guard vehicles and vessels, and which focuses
on the use of bio-diesel fuel in ports which have a high-density of
vessel traffic, including ports for which vessel traffic systems have
been established.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Secretary of the department in which the Coast Guard is
operating shall transmit a report containing the findings, conclusions,
and recommendations (if any) from the study to the Senate Committee on
Commerce, Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure.
SEC. 210. 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 by striking the last sentence and inserting
``The response of a foreign nation to a claim of registry under
subparagraph (A) or (C) may be made by radio, telephone, or similar
oral or electronic means, and is conclusively proved by certification
of the Secretary of State or the Secretary's designee.''.
SEC. 211. JONES ACT WAIVERS.
Notwithstanding section 27 of the Merchant Marine Act, 1920 (46
U.S.C. App. 883), a vessel that was not built in the United States may
transport fish or shellfish within the coastal waters of the State of
Maine if the vessel--
(1) meets the other requirements of section 27 of the
Merchant Marine Act, 1920 (46 U.S.C. App. 883) and section 2 of
the Shipping Act, 1916 (46 U.S.C. App. 802) for engaging in the
coastwise trade;
(2) is ineligible for documentation under chapter 121 of
title 46, United States Code, because it measures less than 5
net tons;
(3) has transported fish or shellfish within the coastal
waters of the State of Maine prior to December 31, 2004; and
(4) has not undergone a transfer of ownership after
December 31, 2004.
SEC. 212. DEEPWATER OVERSIGHT.
No later than 90 days after the date of enactment of this Act, the
Coast Guard, in consultation with Government Accountability Office,
shall provide a report to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee on
Transportation and Infrastructure on--
(1) the status of the Coast Guard's implementation of
Government Accountability Office's recommendations in its
report, GAO-04-380, ``Coast Guard Deepwater Program Needs
Increased Attention to Management and Contractor Oversight'';
and
(2) the dates by which the Coast Guard plans to fully
implement such recommendations if any remain open as of the
date the report is transmitted to the Committees.
SEC. 213. DEEPWATER REPORT.
The Secretary of Homeland Security shall submit to the Congress, in
conjunction with the transmittal by the President of the Budget of the
United States for Fiscal Year 2007, a revised Deepwater baseline that
includes--
(1) a justification for the projected number and
capabilities of each asset (including the ability of each asset
to meet service performance goals);
(2) an accelerated acquisition timeline that reflects
project completion in 10 years and 15 years (included in this
timeline shall be the amount of assets procured during each
year of the accelerated program);
(3) the required funding for each accelerated acquisition
timeline that reflects project completion in 10 years and 15
years;
(4) anticipated costs associated with legacy asset
sustainment for each accelerated acquisition timeline that
reflects project completion in 10 years and 15 years;
(5) anticipated mission deficiencies, if any, associated
with the continued degradation of legacy assets in combination
with the procurement of new assets within each accelerated
acquisition timeline that reflects project completion in 10
years and 15 years;
(6) a comparison of the amount of required assets in the
current baseline to the amount of required assets according to
the Coast Guard's Performance Gap Analysis Study; and
(7) an evaluation of the overall feasibility of achieving
each accelerated acquisition timeline (including contractor
capacity, national shipbuilding capacity, asset integration
into Coast Guard facilities, required personnel, training
infrastructure capacity on technology associated with new
assets).
SEC. 214. LORAN-C.
There are authorized to be appropriated to the Department of
Transportation, in addition to funds authorized for the Coast Guard for
operation of the LORAN-C system, for capital expenses related to LORAN-
C navigation infrastructure, $25,000,000 for fiscal year 2006 and
$25,000,000 for fiscal year 2007. The Secretary of Transportation may
transfer from the Federal Aviation Administration and other agencies of
the Department funds appropriated as authorized under this section in
order to reimburse the Coast Guard for related expenses.
SEC. 215. LONG-RANGE VESSEL TRACKING SYSTEM.
(a) Pilot Project.--The Secretary of the department in which the
Coast Guard is operating, acting through the Commandant of the Coast
Guard, shall conduct a pilot program for long range tracking of up to
2,000 vessels using satellite systems with an existing nonprofit
maritime organization that has a demonstrated capability of operating a
variety of satellite communications systems providing data to vessel
tracking software and hardware that provides long range vessel
information to the Coast Guard to aid maritime security and response to
maritime emergencies.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the department in which the Coast
Guard is operating $4,000,000 for each of fiscal years 2006, 2007, and
2008 to carry out subsection (a).
SEC. 216. MARINE VESSEL AND COLD WATER SAFETY EDUCATION.
The Coast Guard shall continue cooperative agreements and
partnerships with organizations in effect on the date of enactment of
this Act that provide marine vessel safety training and cold water
immersion education and outreach programs for fishermen and children.
SEC. 217. SUCTION ANCHORS.
Section 12105 of title 46, United States Code, is amended by adding
at the end the following:
``(c) No vessel without a registry or coastwise endorsement may
engage in the movement of anchors or other mooring equipment from one
point over or on the United States outer Continental Shelf to another
such point in connection with exploring for, developing, or producing
resources from the outer Continental Shelf.''.
TITLE III--UNITED STATES OCEAN COMMISSION IMPLEMENTATION
SEC. 301. PLACE OF REFUGE.
(a) In General.--Within 12 months after the date of enactment of
this Act, the United States Coast Guard, working with hazardous spill
response agencies, marine salvage companies, State and local law
enforcement and marine agencies, and other Federal agencies including
the National Oceanic and Atmospheric Administration and the
Environmental Protection Agency, shall, in accordance with the
recommendations of the United States Commission on Ocean Policy in its
final report, develop a comprehensive and effective process for
determining whether and under what circumstances damaged vessels may
seek a place of refuge in the United States suitable to the specific
nature of distress each vessel is experiencing.
(b) Report.--The Commandant of the Coast Guard shall transmit a
report annually to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure describing the process established
and any cases in which a vessel was provided with a place of refuge in
the preceding year.
(c) Place of Refuge Defined.--In this section, the term ``place of
refuge'' means a place where a ship in need of assistance can take
action to enable it to stabilize its condition and reduce the hazards
to navigation and to protect human life and the environment.
SEC. 302. IMPLEMENTATION OF INTERNATIONAL AGREEMENTS.
The Secretary of the department in which the Coast Guard is
operating shall, in consultation with appropriate Federal agencies,
work with the responsible officials and agencies of other Nations to
accelerate efforts at the International Maritime Organization to
enhance flag State oversight and enforcement of security,
environmental, and other agreements adopted within the International
Maritime Organization, including implementation of--
(1) a code outlining flag State responsibilities and
obligations;
(2) an audit regime for evaluating flag State performance;
(3) measures to ensure that responsible organizations,
acting on behalf of flag States, meet established performance
standards; and
(4) cooperative arrangements to improve enforcement on a
bilateral, regional or international basis.
SEC. 303. VOLUNTARY MEASURES FOR REDUCING POLLUTION FROM RECREATIONAL
BOATS.
The Secretary of the department in which the Coast Guard is
operating shall, in consultation with appropriate Federal, State, and
local government agencies, undertake outreach programs for educating
the owners and operators of boats using two-stroke engines about the
pollution associated with such engines, and shall support voluntary
programs to reduce such pollution and that encourage the early
replacement of older two-stroke engines.
SEC. 304. INTEGRATION OF VESSEL MONITORING SYSTEM DATA.
The Secretary of the department in which the Coast Guard is
operating shall integrate vessel monitoring system data into its
maritime operations databases for the purpose of improving monitoring
and enforcement of Federal fisheries laws, and shall work with the
Undersecretary of Commerce for Oceans and Atmosphere to ensure
effective use of such data for monitoring and enforcement.
SEC. 305. FOREIGN FISHING INCURSIONS.
(a) In General.--No later than 180 days after the date of enactment
of this Act, the Secretary of the department in which the Coast Guard
is operating shall provide a report to the Senate Committee on
Commerce, Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure on steps that the Coast
Guard will take to significantly improve the Coast Guard's detection
and interdiction of illegal incursions into the United States exclusive
economic zone by foreign fishing vessels.
(b) Specific Issues To Be Addressed.--The report shall--
(1) focus on areas in the exclusive economic zone where the
Coast Guard has failed to detect or interdict such incursions
in the 4 fiscal year period beginning with fiscal year 2000,
including the Western/Central Pacific; and
(2) include an evaluation of the potential use of unmanned
aircraft and offshore platforms for detecting or interdicting
such incursions.
(c) Biennial Updates.--The Secretary shall provide biannual reports
updating the Coast Guard's progress in detecting or interdicting such
incursions to the Senate Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and
Infrastructure.
TITLE IV--COAST GUARD PERSONNEL, FINANCIAL, AND PROPERTY MANAGEMENT
SEC. 401. RESERVE OFFICER DISTRIBUTION.
Section 724 of title 14, United States Code, is amended--
(1) by inserting ``Reserve officers on an Active-duty list
shall not be counted as part of the authorized number of
officers in the Reserve.'' after ``5,000.'' in subsection (a);
and
(2) by striking so much of subsection (b) as precedes
paragraph (2) and inserting the following:
``(b)(1) The Secretary shall, at least once a 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. 402. COAST GUARD BAND DIRECTOR.
(a) Band Director Appointment and Grade.--Section 336 of title 14,
United States Code, is amended--
(1) by striking the first sentence of subsection (b) and
inserting ``The Secretary may designate as the director any
individual determined by the Secretary to possess the necessary
qualifications.'';
(2) by striking ``a member so designated'' in the second
sentence of subsection (b) and inserting ``an individual so
designated'';
(3) by striking ``of a member'' in subsection (c) and
inserting ``of an individual'';
(4) by striking ``of lieutenant (junior grade) or
lieutenant.'' in subsection (c) and inserting ``determined by
the Secretary to be most appropriate to the qualifications and
experience of the appointed individual.'';
(5) by striking ``A member'' in subsection (d) and
inserting ``An individual''; and
(6) by striking ``When a member's designation is
revoked,''in subsection (e) and inserting ``When an
individual's designation is revoked,''.
(b) Current Director.--The incumbent Coast Guard Band Director on
the date of enactment of this Act may be immediately promoted to a
commissioned grade, not to exceed captain, determined by the Secretary
of the department in which the Coast Guard is operating to be most
appropriate to the qualifications and experience of that individual.
SEC. 403. RESERVE RECALL AUTHORITY.
Section 712 of title 14, United States Code, is amended--
(1) by striking ``during'' in subsection (a) and inserting
``during, or to aid in prevention of an imminent,'';
(2) by striking ``or catastrophe,'' in subsection (a) and
inserting ``catastrophe, 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, United States Code,'';
(3) by striking ``thirty days in any four month period'' in
subsection (a) and inserting ``60 days in any 4-month period'';
(4) by striking ``sixty days in any two-year period'' in
subsection (a) and inserting ``120 days in any 2-year period'';
and
(5) by adding at the end the following:
``(e) For purposes of calculating the duration of active duty
allowed pursuant to subsection (a), each period of active duty shall
begin on the first day that a member reports to active duty, including
for purposes of training.''.
SEC. 404. EXPANSION OF EQUIPMENT USED BY AUXILIARY TO SUPPORT COAST
GUARD MISSIONS.
(a) Motorized Vehicle as Facility.--Section 826 of title 14, United
States Code, is amended--
(1) by inserting ``(a)'' before ``Members''; and
(2) adding at the end the following:
``(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 government property.''.
(b) Appropriations for Facilities.--Section 830(a) of title 14,
United States Code, is amended by striking ``or radio station'' each
place it appears and inserting ``radio station, or motorized vehicle
utilized under section 826(b)''.
SEC. 405. 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:
``Sec. 677. Turn-key selection procedures
``(a) Authority To Use.--The Secretary may use one-step turn-key
selection procedures for the purpose of entering into contracts for
construction projects.
``(b) Definitions.--In this section--
``(1) One-step turn-key selection procedures.--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) Construction.--The term `construction' includes the
construction, procurement, development, conversion, or
extension, of any facility.
``(3) Facility.--The term `facility' means a building,
structure, or other improvement to real property.''.
(b) Clerical Amendment.--The chapter analysis for chapter 17 of
title 14, United States Code, is amended by inserting after the item
relating to section 676 the following:
``677. Turn-key selection procedures.''.
SEC. 406. OFFICER PROMOTION.
Section 257 of title 14, United States Code, is amended by adding
at the end the following:
``(f) The Secretary of the Department in which the Coast Guard is
operating may waive subsection (a) of this section to the extent
necessary to allow officers described therein to have at least 2
opportunities for consideration for promotion to the next higher grade
as officers below the promotion zone.''.
SEC. 407. REDESIGNATION OF COAST GUARD LAW SPECIALISTS AS JUDGE
ADVOCATES.
(a) Section 801 of title 10, United States Code, is amended--
(1) by striking ``The term `law specialist''' in paragraph
(11) and inserting ``The term `judge advocate', in the Coast
Guard,'';
(2) by striking ``advocate; or'' in paragraph (13) and
inserting ``advocate.''; and
(3) by striking subparagraph (C) of paragraph (13).
(b) Section 727 of title 14, United States Code, is amended by
striking ``law specialist'' and inserting ``judge advocate''.
(c) Section 465(a)(2) of the Social Security Act (42 U.S.C.
665(a)(2)) is amended by striking ``law specialist'' and inserting
``judge advocate''.
SEC. 408. BOATING SAFETY DIRECTOR.
(a) In General.--Subchapter A of chapter 11 of title 14, United
States Code, is amended by adding at the end the following:
``Sec. 337. Director, Office of Boating Safety
``The initial appointment of the Director of the Boating Safety
Office shall be in the grade of Captain.''.
(b) Clerical Amendment.--The chapter analysis for chapter 11 of
title 14, United States Code, is amended by inserting after the item
relating to section 336 the following:
``337. Director, Office of Boating Safety.''.
SEC. 409. HANGAR AT COAST GUARD AIR STATION BARBERS POINT.
No later than 180 days after the date of enactment of this Act, the
Secretary of the Department in which the Coast Guard is operating shall
provide the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Transportation and
Infrastructure with a proposal and cost analysis for constructing an
enclosed hangar at Air Station Barbers Point. The proposal should
ensure that the hangar has the capacity to shelter current aircraft
assets and those projected to be located at the station over the next
20 years.
SEC. 410. PROMOTION OF COAST GUARD OFFICERS.
(a) In General.--Section 211(a) of title 14, United States Code, is
amended to read as follows:
``(a)(1) The President may appoint permanent commissioned officers
in the Regular Coast Guard in grades appropriate to their
qualification, experience, and length of service, as the needs of the
Coast Guard may require, from among the following categories:
``(A) Graduates of the Coast Guard Academy.
``(B) Commissioned warrant officers, warrant officers, and
enlisted members of the Regular Coast Guard.
``(C) Members of the Coast Guard Reserve who have served at
least 2 years as such.
``(D) Licensed officers of the United States merchant
marine who have served 2 or more years aboard a vessel of the
United States in the capacity of a licensed officer.
``(2) Original appointments under this section in the grades of
lieutenant commander and above shall be made by the President by and
with the advice and consent of the Senate.
``(3) Original appointments under this section in the grades of
ensign through lieutenant shall be made by the President alone.''.
(b) Wartime Temporary Service Promotion.--Section 275(f) of title
14, United States Code, is amended by striking the second and third
sentences and inserting ``Original appointments under this section in
the grades of lieutenant commander and above shall be made by the
President by and with the advice and consent of the Senate. Original
appointments under this section in the grades of ensign through
lieutenant shall be made by the President alone.''.
TITLE V--TECHNICAL AND CONFORMING AMENDMENTS
SEC. 501. GOVERNMENT ORGANIZATION.
Title 5, United States Code, is amended--
(1) by inserting ``The Department of Homeland Security.''
after ``The Department of Veterans Affairs.'' in section 101;
(2) by inserting ``the Secretary of Homeland Security,'' in
section 2902(b) after ``Secretary of the Interior,''; and
(3) in sections 5520a(k)(3), 5595(h)(5), 6308(b), and
9001(10), by striking ``of Transportation'' each place it
appears and inserting ``of Homeland Security''.
SEC. 502. WAR AND NATIONAL DEFENSE.
The Soldiers' and Sailors' Civil Relief Act of 1940 (Public Law 76-
861, 56 Stat. 1178, 50 U.S.C. App. 501 et seq.) is amended--
(1) by striking ``Secretary of Transportation'' each place
it appears in section 515 and inserting ``Secretary of Homeland
Security''; and
(2) by striking ``Secretary of Transportation'' in section
530(d) and inserting ``Secretary of Homeland Security''.
SEC. 503. FINANCIAL MANAGEMENT.
Title 31, United States Code, is amended--
(1) by striking ``of Transportation'' in section 3321(c)
and inserting ``of Homeland Security.'';
(2) by striking ``of Transportation'' in section 3325(b)
and inserting ``of Homeland Security'';
(3) by striking ``of Transportation'' each place it appears
in section 3527(b)(1) and inserting ``of Homeland Security'';
and
(4) by striking ``of Transportation'' in section 3711(f)
and inserting ``of Homeland Security''.
SEC. 504. PUBLIC CONTRACTS.
Section 11 of title 41, United States Code, is amended by striking
``of Transportation'' each place it appears and inserting ``of Homeland
Security''.
SEC. 505. PUBLIC PRINTING AND DOCUMENTS.
Sections 1308 and 1309 of title 44, United States Code, are amended
by striking ``of Transportation'' each place it appears and inserting
``of Homeland Security''.
SEC. 506. SHIPPING.
Title 46, United States Code, is amended--
(1) by striking ``a Coast Guard or'' in section 2109;
(2) by striking the second sentence of section 6308(a) and
inserting ``Any employee of the Department of Transportation,
and any member of the Coast Guard, investigating a marine
casualty pursuant to section 6301 of this title, shall not be
subject to deposition or other discovery, or otherwise testify
in such proceedings relevant to a marine casualty
investigation, without the permission of the Secretary of
Transportation for Department of Transportation employees or
the Secretary of Homeland Security for military members or
civilian employees of the Coast Guard.''; and
(3) by striking ``of Transportation'' in section 13106(c)
and inserting ``of Homeland Security''.
SEC. 507. TRANSPORTATION; ORGANIZATION.
Section 324 of title 49, United States Code, is amended by striking
subsection (b); and redesignating subsections (c) and (d) as
subsections (b) and (c), respectively.
SEC. 508. MORTGAGE INSURANCE.
Section 222 of the National Housing Act of 1934 (12 U.S.C. 1715m)
is amended by striking ``of Transportation'' each place it appears and
inserting ``of Homeland Security''.
SEC. 509. ARCTIC RESEARCH.
Section 107(b)(2) of the Arctic Research and Policy Act of 1984 (15
U.S.C. 4106(b)(2)) is amended--
(1) by striking ``and'' after the semicolon in subparagraph
(J);
(2) by redesignating subparagraph (K) as subparagraph (L);
and
(3) by inserting after subparagraph (J) the following new
subparagraph:
``(K) the Department of Homeland Security; and''.
SEC. 510. CONSERVATION.
(a) Section 1029(e)(2)(B) of the Bisti/De-Na-Zin Wilderness
Expansion and Fossil Protection Act of 1996 (16 U.S.C. 460kkk(e)) is
amended by striking ``of Transportation'' and inserting ``of Homeland
Security''.
(b) Section 312(a)(2)(C) of the Antarctic Marine Living Resources
Convention Act of 1984 (16 U.S.C. 2441(c)) is amended by striking ``of
Transportation'' and inserting ``of Homeland Security''.
SEC. 511. CONFORMING AMENDMENT.
Section 3122 of the Internal Revenue Code of 1986 is amended by
striking ``Secretary of Transportation'' each place it appears and
inserting ``Secretary of the Department in which the Coast Guard is
operating''.
SEC. 512. ANCHORAGE GROUNDS.
Section 7 of the Rivers and Harbors Act of 1915 (33 U.S.C. 471) is
amended by striking ``of Transportation'' and inserting ``of Homeland
Security''.
SEC. 513. BRIDGES.
Section 4 of the General Bridge Act of 1906 (33 U.S.C. 491) is
amended by striking ``of Transportation'' and inserting ``of Homeland
Security''.
SEC. 514. LIGHTHOUSES.
(a) Section 1 of Public Law 70-803 (33 U.S.C. 747b) is amended by
striking ``of Transportation'' and inserting ``of Homeland Security''.
(b) Section 2 of Public Law 65-174 (33 U.S.C. 748) is amended by
striking ``of Transportation'' and inserting ``of Homeland Security''.
(c) Sections 1 and 2 of Public Law 75-515 (33 U.S.C. 745a, 748a)
are amended by striking ``of Transportation'' each place it appears and
inserting ``of Homeland Security''.
SEC. 515. OIL POLLUTION.
The Oil Pollution Act of 1990 (33 U.S.C. 2701 et. seq.) is
amended--
(1) by inserting ``Homeland Security,'' in section
5001(c)(1)(B) (33 U.S.C. 2731(c)(1)(B)) after ``the
Interior,'';
(2) by striking ``of Transportation.'' in section
5002(m)(4) (33 U.S.C. 2732(m)(4)) and inserting ``of Homeland
Security.'';
(3) by striking section 7001(a)(3) (33 U.S.C. 2761(a)(3))
and inserting the following:
``(3) Membership.--
``(A) The Interagency Committee shall include
representatives from the Department of Commerce (including the
National Oceanic and Atmospheric Administration and the
National Institute of Standards and Technology), the Department
of Energy, the Department of the Interior (including the
Minerals Management Service and the United States Fish and
Wildlife Service), the Department of Transportation (including
the Maritime Administration and the Pipeline and Hazardous
Materials Safety Administration), the Department of Defense
(including the Army Corps of Engineers and the Navy), the
Department of Homeland Security (including the United States
Coast Guard and the United States Fire Administration in the
Federal Emergency Management Agency), the Environmental
Protection Agency, and the National Aeronautics and Space
Administration, as well as such other Federal agencies the
President may designate.
``(B) A representative of the Department of Transportation
shall serve as Chairman.''; and
(4) by striking ``other'' in section 7001(c)(6) (33 U.S.C.
2761(c)(6)) before ``such agencies''.
SEC. 516. MEDICAL CARE.
Section 1(g)(4)(B) of the Medical Care Recovery Act of 1962 (42
U.S.C. 2651(g)(4)(B)) is amended by striking ``of Transportation,'' and
inserting ``of Homeland Security,''.
SEC. 517. CONFORMING AMENDMENT TO SOCIAL SECURITY ACT.
Section 201(p)(3) of the Social Security Act (42 U.S.C. 405(p)(3))
is amended by striking ``of Transportation'' each place it appears and
inserting ``of Homeland Security''.
SEC. 518. SHIPPING.
Section 27 of the Merchant Marine Act of 1920 (46 U.S.C. App. 883)
is amended by striking ``Satisfactory inspection shall be certified in
writing by the Secretary of Transportation'' and inserting
``Satisfactory inspection shall be certified in writing by the
Secretary of Homeland Security.''.
SEC. 519. NONTANK VESSELS.
Section 311(a)(26) of the Federal Water Pollution Control Act (33
U.S.C. 1321(A)(26)) is amended to read as follows:
``(26) `nontank vessel' means a self-propelled vessel--
``(A) of at least 400 gross tons as measured under
section 14302 of title 46, United States Code, or, for
vessels not measured under that section, as measured
under section 14502 of that title;
``(B) other than a tank vessel;
``(C) that carries oil of any kind as fuel for main
propulsion; and
``(D) that is a vessel of the United States or that
operates on the navigable waters of the United States
including all waters of the territorial sea of the
United States as described in Presidential Proclamation
No. 5928 of December 27, 1988.''.
SEC. 520. DRUG INTERDICTION REPORT.
(a) In General.--Section 89 of title 14, United States Code, is
amended by adding at the end the following:
``(d) Quarterly Reports on Drug Interdiction.--Not later than 30
days after the end of each fiscal year quarter, the Secretary of
Homeland Security shall submit to the House of Representatives
Committee on Transportation and Infrastructure and the Senate Committee
on Commerce, Science, and Transportation a report on all expenditures
related to drug interdiction activities of the Coast Guard on an annual
basis.''.
(b) Conforming Amendment.--Section 103 of the Coast Guard
Authorization Act of 1996 (14 U.S.C. 89 note) is repealed.
SEC. 521. ACTS OF TERRORISM REPORT.
Section 905 of the Omnibus Diplomatic Security and Antiterrorism
Act of 1986 (46 U.S.C. App. 1802) is amended--
(1) by striking ``Not later than February 28, 1987, and
annually thereafter, the Secretary of Transportation shall
report'' and inserting ``The Secretary of Homeland Security
shall report annually''; and
(2) by inserting ``Beginning with the first report
submitted under this section after the date of enactment of the
Maritime Transportation Security Act of 2002, the Secretary
shall include a description of activities undertaken under
title I of that Act and an analysis of the effect of those
activities on port security against acts of terrorism.'' after
``ports.''.
TITLE VI--EFFECTIVE DATES
SEC. 601. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b), this Act and
the amendments made by this Act shall take effect on the date of
enactment.
(b) Exception.--Sections 501 through 518 of this Act and the
amendments made by those sections shall take effect on March 1, 2003.
Calendar No. 185
109th CONGRESS
1st Session
S. 1280
[Report No. 109-114]
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal years 2006 and 2007 for the
United States Coast Guard, and for other purposes
_______________________________________________________________________
July 28, 2005
Reported with amendments