Congressional Record, Volume 151 Issue 83 (Tuesday, June 21, 2005)

[Congressional Record Volume 151, Number 83 (Tuesday, June 21, 2005)]
[Senate]
[Pages S6911-S6934]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. LIEBERMAN (for himself, Ms. Collins, Mr. Levin, and Mr.
Akaka):
S. 1274. A bill to strengthen Federal leadership, provide grants,
enhance outreach and guidance, and provide other support to State and
local officials to achieve communications inter-operability, to foster
improved regional collaboration and coordination, to promote more
efficient utilization of funding devoted to public safety
communications, to promote research and development for first responder
communications, and for other purposes; to the Committee on Homeland
Security and Governmental Affairs.

[[Page S6912]]

Mr. LIEBERMAN. Mr. President, I rise today to introduce legislation
designed to finally address one of the most long-standing and difficult
problems facing our Nation's first responders--the lack of
communications interoperability.
I want to thank Chairman Collins of the Homeland Security and
Governmental Affairs Committee, Senator Levin and Senator Akaka for
joining me in this effort.
I don't want to be confused with the evil road captain in ``Cool Hand
Luke,'' but there is only one way to say this: ``What we have here is a
failure to communicate!''
By now, we all know that the inability of first responders to talk to
one another when responding to emergencies costs lives during terrorist
attacks or natural disasters. According to the 9/11 Commission, the
lack of interoperability contributed to the deaths of more than 100
fire fighters in New York on 9/11.
However, this failure to communicate also creates problems during
every day emergency operations, endangering both first responders and
the public while also wasting precious resources. For example, when law
enforcement officers cannot communicate effectively about a suspect
fleeing across jurisdictions, criminals can escape.
It is past time we fixed this problem.
Achieving interoperability is the top priority for State homeland
security advisors. It is essential for first responders to achieve the
national preparedness goals that the Department of Homeland Security
has established for the Nation.
However, for most States obtaining the equipment and technology to
fulfill this goal remains a challenge. And a major hurdle continues to
be lack of sufficient funding. A non-partisan task force of the Council
on Foreign Relations recommended spending at least $6.8 billion over
five years. DHS has also estimated the cost of modernizing equipment
for 2.5 million public safety first responders across the country at
$40 billion.
I am convinced that we can achieve interoperability for much less--
but only if strong national leadership drives cooperation and adoption
of smart new technology solutions.
Achieving interoperability is difficult because some 50,000 local
agencies typically make independent decisions about communications
systems. The result is that first responders typically operate on
different radio systems, at different frequencies, unable to
communicate with one another.
Strong national leadership is necessary to ensure that different
jurisdictions come together to work out the often complex issues that
prevent interoperability in the first place.
The legislation we are introducing today will provide this much
needed Federal leadership and provide dedicated grants, enhance
technical assistance to State and local first responders, promote
greater regional cooperation, and foster the research and development
necessary to make achieving interoperability a realistic national goal.
The ``Improve Interoperable Communications for First Responders Act
of 2005'' or the ICOM Act for short, gets us there in three distinct
ways.
First, the ICOM Act will provide the Office of Interoperability and
Compatibility (OIC) within DHS the resources and authorities necessary
to systematically overcome the barriers to achieving interoperability.
ICOM requires OIC to conduct extensive, nationwide outreach and
facilitate the creation of task forces in each State to develop
interoperable solutions. It requires coordinated and extensive
technical assistance through the Office of Domestic Preparedness'
Interoperable Communications Technical Assistance Program. OIC will
also be charged with developing a national strategy and national
architecture so that we systematically move towards a truly national
system of public safety communications.
This Act authorizes OIC to fund and conduct pilot programs to
evaluate and validate new technology concepts needed to encourage more
efficient use of spectrum and other resources and deploy less costly
public safety communications systems.
Second, the ICOM Act will identify and answer the policy and
technology questions necessary to achieve interoperability by requiring
the Secretary to establish a comprehensive, competitive research and
development program.
This research agenda will focus on: understanding the strengths and
weaknesses of today's diverse public safety communications systems;
examining how current and emerging technology can make public safety
organizations more effective, and how local, State, and Federal
agencies can utilize this technology in a coherent and cost-effective
manner; evaluating and validating new technology concepts; and
advancing the creation of a national strategy to promote
interoperability and efficient use of spectrum.
The legislation authorizes some $126 million for each of fiscal years
2006 through 2009 for the operations of the Office for Interoperability
and Compatibility so DHS can finally provide the national leadership
necessary to achieve interoperability in the most cost effective
manner; for research and development; and to provide enhanced technical
assistance to state and local officials around the country.
Third, the ICOM Act will provide consistent, dedicated funding by
authorizing $3.3 billion over five years for initiatives to achieve
short-term or long-term solutions to interoperability. It authorizes
grants directly to States or regional consortium within each State to
be used specifically for key aspects of the communications life-cycle,
including: State-wide or regional communications planning; system
design and engineering; procurement and installation of equipment;
training and exercises; or other activities determined by the Secretary
to be integral to the achievement of this essential capability.
The bill adopts the same formula for distributing funds in S. 21, the
Homeland Security Grants Enhancement Act as reported by the Homeland
Security and Government Affairs Committee. Each State will receive a
minimum baseline amount of 0.55 percent of the total funds appropriated
under the bill. States that are larger/and or more densely populated
receive a higher baseline amount, based on a formula that combines
population and population density.
The remaining funds--over 60 percent of the total--will be
distributed based on additional threat and risk-based factors. This
will ensure that the majority of funds are distributed to those areas
at highest risk, while we systematically ensure that this very basic
communications capability is built in every state across our country.
The Secretary will be required to establish a panel of technical
experts, first responders, and other State and local officials, to
review and make recommendations on grant applications.
This legislation also promotes regional cooperation, consistent with
the National Preparedness Goal, which identifies the essential
capabilities States and localities need to fight the war on terrorism,
rewarding those jurisdictions that join together in robust regional
bodies to apply for funds.
Most importantly, this dedicated funding program for interoperability
will ensure that jurisdictions can receive and rely on a consistent
stream of funding for vital interoperability projects, without also
being forced to neglect all of the other essential capabilities DHS has
said they need to develop.
This legislation is crucial for the safety of our citizens and the
men and women who go to work everyday pledged to protect them. It will
ensure that, for the first time, achieving communications
interoperability is an achievable national goal, a genuine national
priority.
To win the war on terrorism and protect the American people, we
cannot have a failure to communicate.
I ask unanimous consent that the text of the legislation be printed
in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1274

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 ``Improve Interoperable
Communications for First Responders Act of 2005''.

SEC. 2. FINDINGS.

Congress finds the following:

[[Page S6913]]

(1) A major barrier to sharing information among police,
firefighters, and others who may be called on to respond to
terrorist attacks and other large-scale emergencies is the
lack of interoperable communications systems, which can
enable public safety agencies to talk to one another and
share important, sometimes critical, information in an
emergency.
(2) Communications interoperability has been identified by
the Department of Homeland Security as 1 of the most
essential capabilities necessary for first responders to
achieve the national preparedness goal the Department of
Homeland Security has established for the Nation.
(3) The lack of interoperability costs lives during
terrorist attacks or natural disasters, but also during
everyday emergency operations.
(4) Achieving interoperability is difficult because some
50,000 local agencies typically make independent decisions
about communications systems. This lack of coordination also
dramatically increases the cost of public safety
communications to Federal, State, local, and tribal
governments
(5) Achieving the level of communications interoperability
that is needed will require an unprecedented level of
coordination and cooperation among Federal, State, local, and
tribal public safety agencies. Establishing
multidisciplinary, cross-jurisdictional governance structures
to achieve the necessary level of collaboration is essential
to accomplishing this goal.
(6) The Intelligence Reform and Terrorism Prevention Act of
2004 requires the Secretary of Homeland Security, in
consultation with other Federal officials, to establish a
program to ensure public safety interoperable communications
at all levels of government.
(7) However, much more remains to be done. For example, in
January 2005, the National Governors Association reported
that while achieving interoperability ranked as the top
priority for States, obtaining the equipment and technology
to fulfill this goal remains a challenge. The large majority
of States report that they have not yet achieved
interoperability in their States.
(8) Over 70 percent of public safety communications
equipment is still analog, rather than digital. In fact, much
of the communications equipment used by emergency responders
is outdated and incompatible, which inhibits communication
between State and local governments and between neighboring
local jurisdictions. Additional grant funding would
facilitate the acquisition of new technology to enable
interoperability.
(9) Stronger and more effective national, statewide, and
regional leadership are required to improve interoperability.
The Department of Homeland Security must provide national
leadership by conducting nationwide outreach to each State,
fostering the development of regional leadership, and
providing substantial technical assistance to State, local,
and tribal public safety officials, while more effectively
utilizing grant programs that fund interoperable equipment
and systems.
(10) The Department of Homeland Security must implement
pilot programs and fund and conduct research to develop and
promote adoption of next-generation solutions for public
safety communications. The Department of Homeland Security
must also further develop its own internal expertise to
enable it to better lead national interoperability efforts
and to provide technically sound advice to State and local
officials.
(11) Achieving interoperability requires the sustained
commitment of substantial resources. A non-partisan task
force of the Council on Foreign Relations recommended
spending at least $6,800,000,000 over 5 years towards
achieving interoperability. The Department of Homeland
Security has estimated the cost of modernizing first-
responder equipment for the 2,500,000 public safety first
responders across the country at $40,000,000,000.
(12) Communications interoperability can be accomplished at
a much lower cost if strong national leadership drives
cooperation and adoption of smart, new technology solutions.

SEC. 3. OFFICE FOR INTEROPERABILITY AND COMPATIBILITY.

(a) In General.--Section 7303(a)(2) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
194(a)(2)) is amended to read as follows:
``(2) Office for interoperability and compatibility.--
``(A) Establishment of office.--There is established an
Office for Interoperability and Compatibility within the
Directorate of Science and Technology of the Department of
Homeland Security to carry out this subsection.
``(B) Director.--There shall be a Director of the Office
for Interoperability and Compatibility, who shall be
appointed by the Secretary of Homeland Security.
``(C) Responsibilities.--The Director of the Office for
Interoperability and Compatibility shall--
``(i) assist the Secretary of Homeland Security in
developing and implementing the program described in
paragraph (1);
``(ii) carry out the Department of Homeland Security's
responsibilities and authorities relating to the SAFECOM
Program;
``(iii) carry out section 510 of the Homeland Security Act
of 2002; and
``(iv) conduct extensive, nationwide outreach and foster
the development of interoperable communications systems by
State, local, and tribal governments and public safety
agencies, and by regional consortia thereof, by--

``(I) developing, updating, and implementing a national
strategy to achieve communications interoperability, with
goals and timetables;
``(II) developing a national architecture, which defines
the components of an interoperable system and how they fit
together;
``(III) establishing and maintaining a task force that
represents the broad customer base of State, local, and
tribal public safety agencies, as well as Federal agencies,
involved in public safety disciplines such as law
enforcement, firefighting, public health, and disaster
recovery, in order to receive input and coordinate efforts to
achieve communications interoperability;
``(IV) working with the Office of Domestic Preparedness
Interoperable Communication Communications Technical
Assistance Program to--

``(aa) provide technical assistance to State, local, and
tribal officials; and
``(bb) facilitate the creation of regional task forces in
each State, with appropriate governance structures and
representation from State, local, and tribal governments and
public safety agencies and from the Federal Government, to
effectively address interoperability and other information-
sharing needs;

``(V) promoting a greater understanding of the importance
of interoperability and the benefits of sharing resources
among all levels of State, local, tribal, and Federal
government;
``(VI) promoting development of standard operating
procedures for incident response and facilitating the sharing
of information on best practices (including from governments
abroad) for achieving interoperability;
``(VII) making recommendations to Congress about any
changes in Federal law necessary to remove barriers to
achieving communications interoperability;
``(VIII) funding and conducting pilot programs, as
necessary, in order to--

``(aa) evaluate and validate new technology concepts in
real-world environments to achieve public safety
communications interoperability;
``(bb) encourage more efficient use of existing resources,
including equipment and spectrum; and
``(cc) test and deploy public safety communications systems
that are less prone to failure, support new non-voice
services, consume less spectrum, and cost less; and

``(IX) performing other functions necessary to achieve
communications interoperability.

``(D) Sufficiency of resources.--The Secretary of Homeland
Security shall provide the Office for Interoperability and
Compatibility with the resources and staff necessary to carry
out the purposes of this section. The Secretary shall further
ensure that there is sufficient staff within the Office of
Interoperability and Compatibility, the Office for Domestic
Preparedness, and other offices of the Department of Homeland
Security as necessary, to provide dedicated support to public
safety organizations consistent with the responsibilities set
forth in subparagraph (C)(iv).''.
(b) Definition.--Section 7303(g)(1) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
194(g)(1)) is amended to read as follows:
``(1) Interoperable communications and communications
interoperability.--The terms `interoperable communications'
and `communications interoperability' mean the ability of
emergency response providers and relevant Federal, State, and
local government agencies to communicate with each other as
necessary, utilizing information technology systems and radio
communications systems, and to exchange voice, data, or video
with one another on demand, in real time, as necessary.''.
(c) Title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et seq.) is amended by adding at the end the
following:

``SEC. 314. INTEROPERABILITY ASSESSMENT AND REPORT.

``(a) Baseline Assessment.--The Secretary, acting through
the Director of the Office for Interoperability and
Compatibility, shall conduct a nationwide assessment to
determine the degree to which communications interoperability
has been achieved to date and to ascertain the needs that
remain for interoperability to be achieved.
``(b) Annual Reports.--Not later than 1 year after the date
of enactment of this section, and annually thereafter, the
Secretary, acting through the Director of the Office for
Interoperability and Compatibility, shall submit to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Homeland Security of the
House of Representatives a report on the Department's
progress in implementing and achieving the goals of the
Improve Interoperable Communications for First Responders Act
of 2005. The first report submitted under this subsection
shall include a description of the findings of the assessment
conducted under subsection (a).''.

SEC. 4. RESEARCH AND DEVELOPMENT.

(a) In General.--Title III of the Homeland Security Act of
2002 (6 U.S.C. 181 et seq.), as amended by section 3, is
amended by adding at the end the following:

[[Page S6914]]

``SEC. 315. INTEROPERABILITY RESEARCH AND DEVELOPMENT.

``(a) In General.--The Secretary shall establish a
comprehensive research and development program to promote
communications interoperability among first responders,
including by--
``(1) promoting research on a competitive basis through the
Directorate of Science and Technology Homeland Security
Advanced Research Projects Agency; and
``(2) considering establishment of a Center of Excellence
under the Department of Homeland Security Centers of
Excellence Program, using a competitive process, focused on
enhancing information and communications systems for first
responders.
``(b) Purposes.--The purposes of the program established
under subsection (a) include--
``(1) understanding the strengths and weaknesses of the
diverse public safety communications systems currently in
use;
``(2) examining how current and emerging technology can
make public safety organizations more effective, and how
Federal, State, and local agencies can utilize this
technology in a coherent and cost-effective manner;
``(3) exploring Federal, State, and local policies that
will move systematically towards long-term solutions;
``(4) evaluating and validating new technology concepts,
and promoting the deployment of advanced public safety
information technologies for interoperability; and
``(5) advancing the creation of a national strategy to
promote interoperability and efficient use of spectrum in
communications systems, improve information sharing across
organizations, and use advanced information technology to
increase the effectiveness of first responders in valuable
new ways.''.
(b) Authorization of Appropriations.--In addition to the
funds authorized to be appropriated by section 7303(a)(3) of
the Intelligence Reform and Terrorism Prevention Act of 2004
(6 U.S.C. 194(a)(3)), there are authorized to be appropriated
for the operations of the Office for Interoperability and
Compatibility, to provide technical assistance through the
office for Domestic Preparedness, to fund and conduct
research under section 315 of the Homeland Security Act of
2002, and for other appropriate entities within the
Department of Homeland Security to support the activities
described in section 7303 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 194) and sections
314 and 315 of the Homeland Security Act of 2002, as added by
this Act--
(1) $127,232,000 for fiscal year 2006;
(2) $126,549,000 for fiscal year 2007;
(3) $125,845,000 for fiscal year 2008;
(4) $125,121,000 for fiscal year 2009; and
(5) such sums as are necessary for each fiscal year
thereafter.

SEC. 5. DEDICATED FUNDING TO ACHIEVE INTEROPERABILITY.

The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is
amended by adding at the end the following:

``TITLE XVIII--DEDICATED FUNDING TO ACHIEVE INTEROPERABILITY.

``SEC. 1801. INTEROPERABILITY GRANTS.

``(a) In General.--The Secretary, through the Office, shall
make grants to States and eligible regions for initiatives
necessary to achieve short-term or long-term solutions to
statewide, regional, national and, where appropriate,
international interoperability.
``(b) Use of Grant Funds.--Grants awarded under subsection
(a) may be used for initiatives to achieve short-term or
long-term solutions to interoperability within the State or
region and to assist with any aspect of the communication
life cycle, including--
``(1) statewide or regional communications planning;
``(2) system design and engineering;
``(3) procurement and installation of equipment;
``(4) training and exercises; and
``(5) other activities determined by the Secretary to be
integral to the achievement of communications
interoperability.
``(c) Coordination.--The Secretary shall ensure that the
Office coordinates its activities with Office of
Interoperability and Compatibility, the Directorate of
Science and Technology, and other Federal entities so that
grants awarded under this section, and other grant programs
related to homeland security, fulfill the purposes of this
Act and facilitate the achievement of communications
interoperability consistent with the national strategy.
``(d) Application.--
``(1) In general.--A State or eligible region desiring a
grant under this section shall submit an application at such
time, in such manner, and accompanied by such information as
the Secretary may reasonably require.
``(2) Minimum contents.--At a minimum, each application
submitted under paragraph (1) shall--
``(A) identify the critical aspects of the communications
life cycle, including planning, system design and
engineering, procurement and installation, and training for
which funding is requested;
``(B) describe how--
``(i) the proposed use of funds would be consistent with
and address the goals in any applicable State homeland
security plan, and, unless the Secretary determines
otherwise, are consistent with the national strategy and
architecture; and
``(ii) the applicant intends to spend funds under the
grant, to administer such funds, and to allocate such funds
among any participating local governments; and
``(C) be consistent with the Interoperable Communications
Plan required by section 7303(f) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)).
``(e) State Review and Submission.--
``(1) In general.--To ensure consistency with State
homeland security plans, an eligible region applying for a
grant under this section shall submit its application to each
State within which any part of the eligible region is located
for review before submission of such application to the
Secretary.
``(2) Deadline.--Not later than 30 days after receiving an
application from an eligible region under paragraph (1), each
such State shall transmit the application to the Secretary.
``(3) State disagreement.--If the Governor of any such
State determines that a regional application is inconsistent
with the State homeland security plan of that State, or
otherwise does not support the application, the Governor
shall--
``(A) notify the Secretary in writing of that fact; and
``(B) provide an explanation of the reasons for not
supporting the application at the time of transmission of the
application.
``(f) Award of Grants.--
``(1) Considerations.--In approving applications and
awarding grants under this section, the Secretary shall
consider--
``(A) the nature of the threat to the State or eligible
region;
``(B) the location, risk, or vulnerability of critical
infrastructure and key national assets, including the
consequences from an attack on critical infrastructure in
nearby jurisdictions;
``(C) the size of the population, as well as the population
density of the area, that will be served by the interoperable
communications systems, except that the Secretary shall not
establish a minimum population requirement that would
disqualify from consideration an area that otherwise faces
significant threats, vulnerabilities, or consequences;
``(D) the extent to which grants will be utilized to
implement interoperability solutions--
``(i) consistent with the national strategy and compatible
with the national architecture; and
``(ii) more efficient and cost effective than current
approaches;
``(E) the number of jurisdictions within regions
participating in the development of interoperable
communications systems, including the extent to which the
application includes all incorporated municipalities,
counties, parishes, and tribal governments within the State
or eligible region, and their coordination with Federal and
State agencies;
``(F) the extent to which a grant would expedite the
achievement of interoperability in the State or eligible
region with Federal, State, and local agencies;
``(G) the extent to which a State or eligible region, given
its financial capability, demonstrates its commitment to
expeditiously achieving communications interoperability by
supplementing Federal funds with non-Federal funds;
``(H) whether the State or eligible region is on or near an
international border;
``(I) the extent to which geographic barriers pose unusual
obstacles to achieving communications interoperability; and
``(J) the threats, vulnerabilities, and consequences faced
by the State or eligible region related to at-risk site or
activities in nearby jurisdictions, including the need to
respond to terrorist attacks arising in those jurisdictions.
``(2) Review panel.--
``(A) In general.--The Secretary shall establish a review
panel under section 871(a) to assist in reviewing grant
applications under this section.
``(B) Recommendations.--The review panel established under
subparagraph (A) shall make recommendations to the Secretary
regarding applications for grants under this section.
``(C) Membership.--The review panel established under
subparagraph (A) shall include individuals with technical
expertise in communications interoperability as well as
emergency response providers and other relevant State and
local officials.
``(3) Availability of funds.--Any grant funds awarded that
may be used to support interoperability shall, as the
Secretary may determine, remain available for up to 3 years,
consistent with section 7303(e) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C. 194(e)).
``(4) Allocation.--
``(A) In general.--In awarding grants under this
subsection, the Secretary shall ensure that each State
receives, for each fiscal year, the greater of--
``(i) 0.55 percent of the amounts appropriated for grants
under this section; or
``(ii) the eligible State's sliding scale baseline
allocation of 28.62 percent of the amounts appropriated for
grants under this section.
``(B) Other entities.--Notwithstanding subparagraph (A),
the Secretary shall ensure that for each fiscal year--
``(i) the District of Columbia receives 0.55 percent of the
amounts appropriated for grants under this section;
``(ii) the Commonwealth of Puerto Rico receives 0.35
percent of the amounts appropriated for grants under this
section;

[[Page S6915]]

``(iii) American Samoa, the Commonwealth of the Northern
Mariana islands, Guam, and the Virgin Islands each receive
0.055 percent of the amounts appropriated for grants under
this section; and
``(C) Possessions.--Except as provided in subparagraph (B),
no possession of the United States shall receive a baseline
distribution under subparagraph (A).
``(g) Definitions.--As used in this section, the following
definitions apply:
``(1) Eligible region.--The term `eligible region' means--
``(A) 2 or more contiguous incorporated municipalities,
counties, parishes, Indian tribes or other general purpose
jurisdictions that--
``(i) have joined together to enhance communications
interoperability between first responders in those
jurisdictions and with State and Federal officials; and
``(ii) includes the largest city in any metropolitan
statistical area, as defined by the Office of Management and
Budget; or
``(B) any other area the Secretary determines to be
consistent with the definition of a region in the national
preparedness guidance issued under Homeland Security
Presidential Directive 8.
``(2) Interoperable communications and communications
interoperability.--The terms `interoperable communications'
and `communications interoperability' mean the ability of
emergency response providers and relevant Federal, State, and
local government agencies to communicate with each other as
necessary, utilizing information technology systems and radio
communications systems, and to exchange voice, data, or video
with one another on demand, in real time, as necessary.
``(3) Office.--The term `office' refers to the Office of
Domestic Preparedness of the Office of State and Local
Government Preparedness and Coordination within the
Department of Homeland Security.
``(4) Sliding scale baseline allocation.--The term `sliding
scale baseline allocation' means 0.0001 multiplied by the sum
of--
``(A) the value of a State's population relative to that of
the most populous of the 50 States of the United States,
where the population of such States has been normalized to a
maximum value of 100; and
``(B) \1/4\ of the value of a State's population density
relative to that of the most densely populated of the 50
States of the United States, where the population density of
such States has been normalized to a maximum value of 100
``(h) Authorization of Appropriations.--There are
authorized to be appropriated to carry out the purposes of
this section--
``(1) $400,000,000 for fiscal year 2006;
``(2) $500,000,000 for fiscal year 2007;
``(3) $600,000,000 for fiscal year 2008;
``(4) $800,000,000 for fiscal year 2009;
``(5) $1,000,000,000 for fiscal year 2010; and
``(6) such sums as are necessary each fiscal year
thereafter.''.

SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS.

The table of contents in section 1(b) of the Homeland
Security Act of 2002 (6 U.S.C. 101) is amended by--
(1) inserting after the item relating to section 313 the
following:

``Sec. 314. Interoperability assessment and report.

``Sec. 315. Interoperability research and development.''.

(2) adding at the end the following:

``TITLE XVIII--DEDICATED FUNDING TO ACHIEVE INTEROPERABILITY.

``Sec. 1801. Interoperability grants.''.

Ms. COLLINS. Mr. President, I am very pleased to join my good friend,
the Senator from Connecticut, Senator Lieberman, in introducing the
Improve Interoperable Communications for First Responders Act of 2005.
This legislation will strengthen our capabilities to prevent and
respond to acts of terrorism. The bill we are introducing will improve
communications among the various levels of government and will assist
our State and local first responders in upgrading their communications
equipment. I thank Senator Lieberman for his efforts in putting
together this very important legislation and for working with me to
make this bill a bipartisan effort.
According to the 9/11 Commission Report, interoperability--the
ability for emergency responders to communicate with one another during
an incident--was a serious problem on 9/11. On that fateful day, the
NYPD Emergency Service Unit did manage to successfully convey
evacuation instructions to personnel in the North Tower after the South
Tower's collapse. This was accomplished by a combination of ``1. the
strength of the radios, 2. the relatively small numbers of individuals
using them, and 3. use of the correct channel by all.'' On the other
hand, the 9/11 Commission Report pointed out that ``the same three
factors worked against successful communication among FDNY personnel.
First, the radios' effectiveness was drastically reduced in the high-
rise environment. Second, tactical channel 1 was simply overwhelmed by
the numbers of units attempting to communicate on it at 10:00 a.m.
Third, some firefighters were on the wrong channel or simply lacked
radios altogether.''
In addition, a Government Accountability Office report on
interoperable communications released in June 2004 notes that the lives
of first responders and those they are trying to assist can be lost
when first responders cannot communicate effectively. That is the crux
of the matter that the Lieberman-Collins bill seeks to address. A
substantial barrier to effective communications, according to the GAO,
is the use of incompatible wireless equipment by many agencies and
levels of government when they are responding to a major emergency.
From computer systems to emergency radios, the technology that should
allow these different levels of government to communicate with each
other too often is silenced by incompatibility. Clearly, the barrier to
a truly unified effort against terrorism is a matter of both culture
and equipment. This legislation will help break down that barrier.
The GAO recommends that Federal grants be used to encourage States to
develop and implement plans to improve interoperable communications and
that the Department of Homeland Security should establish a long-term
program to coordinate these same communications upgrades throughout the
Federal Government. Our legislation would do much to implement these
sensible recommendations.
The National Governors Association recently released a survey of
State and territorial homeland security advisors to determine their top
10 priorities and challenges facing states in the future. The number
one priority was achieving interoperability in communications.
One of the most persistent messages that I hear from Maine's first
responders is strong concern about the lack of compatibility in
communications equipment. It remains a substantial impediment to their
ability to respond effectively in the event of a terrorist attack. For
a State like mine that has the largest port by tonnage in New England,
two international airports, key defense installations, hundreds of
miles of coastline, and a long international border, compatible
communications equipment is essential. Yet it remains an illusive goal.
Maine's firefighters, police officers, and emergency medical
personnel do an amazing job in providing aid when a neighboring town is
in need. Fires, floods, and accidents are local matters in which they
have great expertise and experience. Their work on the front lines in
the war against terrorism is, however, a joint responsibility. Maine's
first responders, along with first responders across the country, are
doing their part, but they need and deserve Federal help.
It is vitally important that we assist the States in getting the
right communications technology into the hands of their first
responders. That would be accomplished by the interoperability grant
program in this legislation. The grant program guarantees every state a
share of interoperability funding and makes additional funding
available for states with special needs and vulnerabilities. It is
designed to get this vital funding to first responders quickly, in
coordination with a statewide plan.
A recent study by the Council on Foreign Relations estimates the
total cost of nationwide communications compatibility at $6.8 billion.
Our legislation authorizes a total of $3.3 billion over a 5 year
period for grants dedicated to achieving communications
interoperability. That is a reasonable and necessary contribution by
the Federal Government to this important partnership.
The legislation will also help to identify and answer the policy and
technology questions necessary to achieve interoperability. It directs
the Secretary of Homeland Security to establish a comprehensive,
competitive research and development program. This includes conducting
research through the Directorate of Science and Technology Homeland
Security Advanced Research Projects Agency, (HSARPA) and establishing a
Center of Excellence focused on enhancing information and

[[Page S6916]]

communications systems for first responders.
The Intelligence Reform and Terrorism Prevention Act of 2002, P.L.
108-458, which Senator Lieberman and I authored, directs the Office for
Interoperability and Compatibility (OIC) in DHS to provide overall
federal leadership to achieve interoperability. Our legislative
initiative builds on this current policy by providing the OIC the
resources and authorities necessary to conduct extensive, nationwide
outreach, develop a national strategy and national architecture, and
conduct pilot programs to evaluate and validate new technology
concepts.
We must all work together to achieve interoperability for all our
first responders. Coordination and cooperation among all stakeholders
will be imperative if the brave men and women who risk their lives on a
daily basis are to be fully prepared.
I urge my colleagues to join us in supporting this legislation to
build a better and stronger homeland security partnership with our
first responders.
Mr. LEVIN. Mr. President, I join my colleagues in introducing the
Improve Interoperable Communications For First Responders, or ``ICOM,''
Act of 2005. We have all heard the stories of how the first responders
could not communicate on 9/11 and this lack of communication cost
lives. The same situation is happening all over this country and we
need to improve interoperable communications before more lives are
lost. Attaining this objective will require substantial resources and a
strong commitment by Congress and the Administration. This legislation
takes an important first step in this effort.
We have seen how bad the problem is in Michigan. For example, on the
morning of Sunday, October 26, 2003, Michigan first responders held an
exercise to test the emergency communications response capabilities at
Michigan's international border with Canada. As we all know, during any
emergency, effective communications is an absolute requirement.
However, during the exercise, in order to communicate between fire
agencies, the fire commanding officer needed 3 portable radios
literally hanging around his neck and hooked to his waist band to
attempt scene coordination. The Incident Commander was shuffling radios
up and down to his ear and mouth in an attempt to figure out ``who''
was requesting or providing information. Further, the fire commanding
officer had no communication with any law enforcement or Emergency
Medical Service agencies. To communicate with those agencies, 5
additional radios would be required. This is totally unacceptable.
First and foremost, the ICOM Act will provide dedicated funding for
initiatives to achieve short- and long-term solutions to
interoperability to States or regional consortia within each State for
State-wide or regional communications planning, system design and
engineering, procurement and installation of equipment, training and
exercises, or other activities determined by the Secretary of Homeland
Security to be integral to the achievement of communications
interoperability.
This legislation will also provide the recently authorized Office for
Interoperability and Compatibility the resources and authorities
necessary to conduct extensive, nationwide outreach, develop a national
strategy, facilitate the creation of regional task forces in each
State, fund and conduct pilot programs to evaluate and validate new
technology concepts, encourage more efficient use of resources, and
test and deploy more reliable and less costly public safety
communications systems. Finally, the ICOM Act also requires the
Secretary of Homeland Security to establish a comprehensive,
competitive research and development program. This includes promoting
research through the Directorate of Science and Technology and Homeland
Security Advanced Research Projects Agency, and considering
establishing a Center of Excellence. The research agenda will focus on
understanding the strengths and weaknesses of today's diverse public
safety communications systems, examining how current and emerging
technology can make public safety organizations more effective, and how
local, State, and Federal agencies can utilize this technology in a
coherent and cost-effective manner, evaluating and validating new
technology concepts, and advancing the creation of a national strategy
to promote interoperability and efficient use of spectrum.
I recently authored an amendment that passed the Homeland Security
and Governmental Affairs Committee that would assist our first
responders by creating demonstration projects at our northern and
southern borders. The ICOM Act will complement that legislation by
providing funding, support, research and development to improve
interoperable communications on a national level.
Mr. AKAKA. Mr. President, I rise today to join my colleagues,
Senators Lieberman, Collins, and Levin, in introducing the Improve
Interoperable Communications for First Responders Act of 2005 (the ICOM
Act), which will strengthen the interoperability of first responder
communications across the country.
Since September 11, Federal, State, and local authorities have
grappled with the challenge of achieving interoperable communications
for emergency response personnel. This should not be a difficult task
since the necessary technology exists. But as with many public policy
challenges, achieving interoperability comes down to organization and
funding.
The 9-11 Commission found that the inability of first responders to
communicate at the three September 11 crash sites demonstrated ``that
compatible and adequate communications among public safety
organizations at the local, State, and Federal levels remains a
important problem.'' In my home State of Hawaii, for example, first
responders are unable to communicate by radio over 25 percent of the
Island of Hawaii because of inadequate infrastructure and diverse
geography. The Commission recommended that federal funding of local
interoperability programs be given a high priority.
The Department of Homeland Security (DHS) estimated it would cost $40
billion to modernize communications equipment for the Nation's 2.5
million public safety first responders. In 2003, an independent task
force sponsored by the Council on Foreign Relations recommended
investing $6.8 billion over five years to ensure dependable,
interoperable first responder communications, a need which they
describe as ``so central to any kind of terrorist attack response.''
However, funding alone will not solve this urgent problem. The
Government Accountability Office (GAO) has found that DHS leadership is
critical to utilizing effectively interoperability technologies. In an
April 2005 report, ``Technology Assessment: Protecting Structures and
Improving Communications during Wildland Fires,'' GAO stated that even
if two neighboring jurisdictions have the funding to purchase an
interconnection device, such as an audio switch, organizational
challenges remain. GAO stated, ``To effectively employ the device, they
must also jointly decide how to share its cost, ownership, and
management; agree on the operating procedures for when and how to
deploy it; and train individuals to configure, maintain, and use it.''
Achieving such planning and coordination will require federal
leadership.
According to GAO, the federal government has increased
interoperability planning and coordination efforts in recent years.
However the Wireless Public Safety Interoperable Communications Program
(SAFECOM), which is run out of the Office for Interoperability and
Compatibility (OIC) in DHS, has made limited progress in achieving
communications interoperability among entities at all levels of
government.
The ICOM Act will increase federal coordination and provide dedicated
funding for interoperability. Our bill will increase the resources and
authority of the OIC, which was established by the Intelligence Reform
and Terrorism Prevention Act of 2004. Specifically, the OIC will be
tasked with creating a national strategy and national architecture,
facilitating the creation of regional task forces, and conducting pilot
programs to evaluate new technology concepts. The OIC will be
responsible not only for short-term solutions, but also for
simultaneously pursuing a long-term interoperability

[[Page S6917]]

strategy, something that has been lacking from Federal efforts to date.
The ICOM Act will also create an interoperability grant program and
authorize $3.3 billion over five years for the program. Recognizing
that achieving interoperability is crucial to every State's emergency
response capabilities, the bill gives each State a baseline amount of
.55 percent of the funding.
The ICOM Act also requires the Secretary to look to at the unique
geographic barriers in each State which may impede interoperability
when awarding grants. This is key to States like Hawaii that may
require additional transmitter towers and other types of equipment to
overcome the obstacles that come with being a mountainous or island
State.
Last year, I joined Senators Lieberman and Collins in introducing S.
2701, the Homeland Security Interagency and Interjurisdictional
Information Sharing Act of 2004. Many of the provisions in S. 2701 were
incorporated into the Intelligence Reform and Terrorism Prevention Act.
However, there still continue to be problems in terms of leadership and
funding in federal interoperability policy. I ask my colleagues to not
wait another year to begin to fill this hole. I urge support of this
important piece of legislation.
______

By Mr. STEVENS (for himself and Ms. Murkowski):
S. 1275. A bill to designate the facility of the United States Postal
Service located at 7172 North Tongass Highway, Ward Cove, Alaska, as
the `Alice R. Brusich Post Office Building'; to the Committee on
Homeland Security and Governmental Affairs.
Mr. STEVENS. Mr. President, I send to the desk legislation to
designate the U.S. Post Office located at 7172 North Tongass Highway in
Ward Cove, AK after Alice R. Brusich.
Alice Brusich started her career with the Postal Service in 1954 as
an Assistant Postmaster. Through her hard work and efforts, she became
Postmaster in 1956.
During her service with the Postal Service, Alice was also one of the
founders of the Tongass Community Club. She was also one of the
founding members and top officer of the Alaska Chapter 51 National
Association of Postmasters in the United States.
Alice was also in charge of the Ketchikan Post Office in the 70's. In
1985, Alice retired after 31 years of service. She remains an active
supporter of the Postal service and is dedicated to improving the
services at the Ward Cove Post Office. Alice has always been a strong
advocate of improving and maintaining the Postal Service in Alaska, and
it is only appropriate that we honor her service by dedicating the Ward
Cove Post Office after her.
______

By Mr. LEAHY (for himself, Mr. Chafee, Mr. Kennedy, Mr. Corzine,
Mr. Jeffords, Mrs. Boxer, Mr. Feingold, Mrs. Murray, Mr.
Dayton, and Mr. Lautenberg):
S. 1278. A bill to amend the Immigration and Nationality Act to
provide a mechanism for United States citizens and lawful permanent
residents to sponsor their permanent partners for residence in the
United States, and for other purposes; to the Committee on the
Judiciary.
Mr. LEAHY. Today I am introducing the Uniting American Families Act.
This legislation would allow U.S. citizens and legal permanent
residents to petition for their foreign same-sex partners to come to
the United States under our family immigration system. It is nearly
identical to the Permanent Partners Immigration Act that I introduced
in the last Congress, and which Congressman Nadler--who is introducing
this bill in the House today--has sponsored for the last four
Congresses. I am pleased to have Senators Chafee, Kennedy, Corzine,
Jeffords, Boxer, Feingold, Murray, Dayton, and Lautenberg as
cosponsors.
Under current law, committed partners of Americans are unable to use
the family immigration system, which accounts for about 75 percent of
the green cards and immigrant visas granted annually by the United
States. As a result, gay Americans who are in this situation must
either live apart from their partners, or leave the country if they
want to live legally and permanently with them.
This bill rectifies that problem while retaining strong prohibitions
against fraud. To qualify as a permanent partner, petitioners must
prove that they are at least 18 and are in a committed, intimate
relationship with another adult in which both parties intend a lifelong
commitment, and are financially interdependent with one's partner. They
must also prove that they are not married to, or in a permanent
partnership with, anyone other than that person, and are unable to
contract with that person a marriage cognizable under the Immigration
and Nationality Act. Proof could include sworn affidavits from friends
and family and documentation of financial interdependence. Penalties
for fraud would be the same as penalties for marriage fraud--up to five
years in prison and $250,000 in fines for the U.S. citizen partner, and
deportation for the alien partner.
There are Vermonters who are involved in permanent partnerships with
foreign nationals and who have felt abandoned by our laws in this area.
This bill would allow them--and other gay and lesbian Americans
throughout our Nation who have come to feel that our immigration laws
are discriminatory--to be a fuller part of our society.
The idea that immigration benefits should be extended to same-sex
couples has become increasingly prevalent around the world. Indeed,
sixteen nations--Australia, Belgium, Brazil, Canada, Denmark, Finland,
France, Germany, Iceland, Israel, the Netherlands, New Zealand, Norway,
South Africa, Sweden and the United Kingdom--recognize same-sex couples
for immigration purposes.
Our immigration laws treat gays and lesbians in committed
relationships as second-class citizens, and that needs to change. It is
the right thing to do for the people involved, it is the sensible step
to take in the interest of having a fair and consistent policy, and I
hope that the Senate will act.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1278

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; AMENDMENTS TO IMMIGRATION AND
NATIONALITY ACT.

(a) Short Title.--This Act may be cited as the ``Uniting
American Families Act'' or the ``Permanent Partners
Immigration Act''.
(b) Amendments to Immigration and Nationality Act.--Except
as otherwise specifically provided, whenever in this Act an
amendment or repeal is expressed as the amendment or repeal
of a section or other provision, the reference shall be
considered to be made to that section or provision in the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

SEC. 2. DEFINITIONS.

Section 101(a) (8 U.S.C. 1101(a)) is amended--
(1) in paragraph (15)(K)(ii), by inserting ``or permanent
partnership'' after ``marriage''; and
(2) by adding at the end the following:
``(51) The term `permanent partner' means an individual 18
years of age or older who--
``(A) is in a committed, intimate relationship with another
individual 18 years of age or older in which both parties
intend a lifelong commitment;
``(B) is financially interdependent with the individual
described in subparagraph (A);
``(C) is not married to or in a permanent partnership with
anyone other than the individual described in subparagraph
(A);
``(D) is unable to contract, with the individual described
in subparagraph (A), a marriage cognizable under this Act;
and
``(E) is not a first, second, or third degree blood
relation of the individual described in subparagraph (A).
``(52) The term `permanent partnership' means the
relationship that exists between 2 permanent partners.''.

SEC. 3. WORLDWIDE LEVEL OF IMMIGRATION.

Section 201(b)(2)(A)(i) (8 U.S.C. 1151(b)(2)(A)(i)) is
amended--
(1) by inserting ``permanent partners,'' after
``spouses,'';
(2) by inserting ``or permanent partner'' after ``spouse''
each place such term appears; and
(3) by striking ``remarries.'' and inserting ``remarries or
enters into a permanent partnership with another person.''.

SEC. 4. NUMERICAL LIMITATIONS ON INDIVIDUAL FOREIGN STATES.

(a) Per Country Levels.--Section 202(a)(4) (8 U.S.C.
1152(a)(4)) is amended--
(1) in the paragraph header, by inserting ``, permanent
partners,'' after ``spouses'';
(2) in the header to subparagraph (A), by inserting ``,
permanent partners,'' after ``spouses''; and
(3) in the header to subparagraph (C), in the heading by
inserting ``without permanent partners'' after ``daughters''.
(b) Rules for Chargeability.--Section 202(b) (8 U.S.C.
1152(b)) is amended--

[[Page S6918]]

(1) by striking ``except that (1)'' and inserting the
following: ``, except that--
``(1)'';
(2) by striking ``(2) if an alien'' and inserting the
following:
``(2) if an alien'';
(3) by striking ``his spouse'' and inserting ``the spouse
or permanent partner of the alien''
(4) by inserting ``or permanent partners'' after ``husband
and wife'';
(5) by striking ``the spouse he'' and inserting ``the
spouse or permanent partner who the alien'';
(6) by striking ``such spouse'' and inserting ``such spouse
or permanent partner'';
(7) by striking ``(3) an alien'' and inserting the
following:
``(3) an alien''; and
(8) by striking ``(4) an alien'' and inserting the
following:
``(4) an alien''.

SEC. 5. ALLOCATION OF IMMIGRANT VISAS.

(a) Preference Allocation for Family Members of Permanent
Resident Aliens and Citizens.--Section 203(a) (8 U.S.C.
1153(a)) is amended--
(1) in paragraph (2), by striking ``(2)'' and all that
follows through ``permanent residence,'' and inserting the
following:
``(2) Spouses, permanent partners, and unmarried sons and
daughters without permanent partners of permanent resident
aliens.--Qualified immigrants who are--
``(A) the spouses, permanent partners, or children of an
alien lawfully admitted for permanent residence; or
``(B) the unmarried sons without permanent partners or
unmarried daughters without permanent partners of an alien
lawfully admitted for permanent residence,''; and.
(2) in paragraph (3), by striking ``(3)'' and all that
follows through ``citizens'' and inserting the following:
``(3) Married sons and daughters of citizens and sons and
daughters of citizens with permanent partners.--Qualified
immigrants who are the married sons, married daughters, or
sons or daughters with permanent partners, of citizens''.
(b) Employment Creation.--Section 203(b)(5)(A)(ii) (8
U.S.C. 1153(b)(5)(A)(ii)) is amended by inserting ``permanent
partner,'' after ``spouse,''.
(c) Treatment of Family Members.--Section 203(d) (8 U.S.C.
1153(d)) is amended by inserting ``, permanent partner,''
after ``spouse'' each place such term appears.

SEC. 6. PROCEDURE FOR GRANTING IMMIGRANT STATUS.

(a) Classification Petitions.--Section 204(a)(1) (8 U.S.C.
1154(a)(1)) is amended--
(1) in subparagraph (A)(ii), by inserting ``or permanent
partner'' after ``spouse'';
(2) in subparagraph (A)(iii)--
(A) by inserting ``or permanent partner'' after ``spouse''
each place such term appears; and
(B) in subclause (I), by inserting ``or permanent
partnership'' after ``marriage'' each place such term
appears; and
(3) in subparagraph (B)--
(A) by inserting ``or permanent partner'' after ``spouse''
each place such term appears; and
(B) by inserting ``or permanent partnership'' after
``marriage'' each place such term appears.
(b) Immigration Fraud Prevention.--Section 204(c) (8 U.S.C.
1154(c)) is amended--
(1) by inserting ``or permanent partner'' after ``spouse''
each place such term appears; and
(2) by inserting ``or permanent partnership'' after
``marriage'' each place such term appears.

SEC. 7. ANNUAL ADMISSION OF REFUGEES AND ADMISSION OF
EMERGENCY SITUATION REFUGEES.

Section 207(c) (8 U.S.C. 1157(c)) is amended--
(1) in paragraph (2)--
(A) by inserting ``, permanent partner,'' after ``spouse''
each place such term appears; and
(B) by inserting ``, permanent partner's,'' after
``spouse's''; and
(2) in paragraph (4), by inserting ``, permanent partner,''
after ``spouse''.

SEC. 8. ASYLUM.

Section 208(b)(3) (8 U.S.C. 1158(b)(3)) is amended--
(1) in the paragraph header, by inserting ``or permanent
partner'' after ``spouse''; and
(2) in subparagraph (A), by inserting ``, permanent
partner,'' after ``spouse''.

SEC. 9. ADJUSTMENT OF STATUS OF REFUGEES.

Section 209(b)(3) (8 U.S.C. 1159(b)(3)) is amended by
inserting ``, permanent partner,'' after ``spouse''.

SEC. 10. INADMISSIBLE ALIENS.

(a) Classes of Aliens Ineligible for Visas or Admission.--
Section 212(a) (8 U.S.C. 1182(a)) is amended--
(1) in paragraph (3)(D)(iv), by inserting ``permanent
partner,'' after ``spouse,'' each place such term appears;
(2) in paragraph (4)(C)(i)(I), by inserting ``, permanent
partner,'' after ``spouse'';
(3) in paragraph (6)(E)(ii), by inserting ``permanent
partner,'' after ``spouse,'' each place such term appears;
and
(4) in paragraph (9)(B)(v), by inserting ``, permanent
partner,'' after ``spouse'' each place such term appears.
(b) Waivers of Inadmissibility on Humanitarian and Family
Unity Grounds.--Section 212(d) (8 U.S.C. 1182(d)) is
amended--
(1) in paragraph (11), by inserting ``permanent partner,''
after ``spouse,''; and
(2) in paragraph (12), by inserting ``, permanent
partner,'' after ``spouse''.
(c) Waivers of Inadmissibility on Health-Related Grounds.--
Section 212(g)(1)(A) (8 U.S.C. 1182(g)(1)(A)) is amended by
inserting ``, permanent partner,'' after ``spouse''.
(d) Waivers of Inadmissibility on Criminal and Related
Grounds.--Section 212(h)(1)(B) (8 U.S.C. 1182(h)(1)(B)) is
amended by inserting ``permanent partner,'' after ``spouse,''
each place such term appears.
(e) Waiver of Inadmissibility for Misrepresentation.--
Section 212(i)(1) (8 U.S.C. 1182(i)(1)) is amended--
(1) by inserting ``permanent partner,'' after ``spouse,'';
and
(2) by inserting ``, permanent partner,'' after ``resident
spouse''.

SEC. 11. NONIMMIGRANT STATUS FOR PERMANENT PARTNERS AWAITING
THE AVAILABILITY OF AN IMMIGRANT VISA.

Section 214(r) (8 U.S.C. 1184(r)) is amended--
(1) in paragraph (1), by inserting ``or permanent partner''
after ``spouse''; and
(2) in paragraph (2), by inserting ``or permanent
partnership'' after ``marriage'' each place such term
appears.

SEC. 12. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN
ALIEN SPOUSES, PERMANENT PARTNERS, AND SONS AND
DAUGHTERS.

(a) Section Heading.--
(1) In general.--The section header for section 216 (8
U.S.C. 1186a) is amended by striking ``and sons'' and
inserting ``, permanent partners, sons,''.
(2) Clerical amendment.--The table of contents is amended
by amending the item relating to section 216 to read as
follows:

``Sec. 216. Conditional permanent resident status for certain alien
spouses, permanent partners, sons, and daughters.''.

(b) In General.--Section 216(a) (8 U.S.C. 1186a(a)) is
amended--
(1) in paragraph (1), by inserting ``or permanent partner''
after ``spouse''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by inserting ``or permanent
partner'' after ``spouse''; and
(B) by inserting ``permanent partner,'' after ``spouse,''
each place it appears.
(c) Termination of Status if Finding That Qualifying
Marriage Improper.--Section 216(b) (8 U.S.C. 1186a(b)) is
amended--
(1) in the subsection header, by inserting ``or Permanent
Partnership'' after ``Marriage'';
(2) in paragraph (1)(A)--
(A) in the matter preceding clause (i), by inserting ``or
permanent partnership'' after ``marriage''; and
(B) by amending clause (ii) to read as follows--
``(ii) has been judicially annulled or terminated, or has
ceased to satisfy the criteria for being considered a
permanent partnership under this Act, other than through the
death of a spouse or permanent partner; or''.
(d) Requirements of Timely Petition and Interview for
Removal of Condition.--Section 216(c) (8 U.S.C. 1186a(c)) is
amended--
(1) in paragraphs (1), (2)(A)(ii), (3)(A)(ii), (3)(C),
(4)(B), and (4)(C), by inserting ``or permanent partner''
after ``spouse'' each place such term appears; and
(2) in paragraphs (3)(A), (3)(D), (4)(B), and (4)(C), by
inserting ``or permanent partnership'' after ``marriage''
each place such term appears.
(e) Contents of Petition.--Section 216(d)(1) (8 U.S.C.
1186a(d)(1)) is amended--
(1) in subparagraph (A)--
(A) in the header, by inserting ``or permanent
partnership'' after ``marriage'';
(B) in clause (i)--
(i) in the matter preceding subclause (I), by inserting
``or permanent partnership'' after ``marriage'';
(ii) in subclause (I), by adding at the end the following:
``or is a permanent partnership recognized under this Act;'';
and
(iii) in subclause (II)--

(I) by inserting ``or has not ceased to satisfy the
criteria for being considered a permanent partnership under
this Act,'' after ``terminated,''; and
(II) by striking ``, and'' and inserting ``or permanent
partner; and'' after ``spouse''; and

(C) in clause (ii), by inserting ``or permanent partner''
after ``spouse''; and
(2) in subparagraph (B)(i)--
(A) by inserting ``or permanent partnership'' after
``marriage''; and
(B) by inserting ``or permanent partner'' after ``spouse''.
(f) Definitions.--Section 216(g) (8 U.S.C. 1186a(g)) is
amended--
(1) in paragraph (1)--
(A) by inserting ``or permanent partner'' after ``spouse''
each place such term appears; and
(B) by inserting ``or permanent partnership'' after
``marriage'' each place such term appears;
(2) in paragraph (2), by inserting ``or permanent
partnership'' after ``marriage'';
(3) in paragraph (3), by inserting ``or permanent
partnership'' after ``marriage'' each place such term
appears; and
(4) in paragraph (4)--
(A) by inserting ``or permanent partner'' after ``spouse''
each place such term appears; and
(B) by inserting ``or permanent partnership'' after
``marriage''.

[[Page S6919]]

SEC. 13. CONDITIONAL PERMANENT RESIDENT STATUS FOR CERTAIN
ALIEN ENTREPRENEURS, SPOUSES, PERMANENT
PARTNERS, AND CHILDREN.

(a) Section Heading.--
(1) In general.--Section 216A (8 U.S.C. 1186b) is amended
in the heading by inserting ``PERMANENT PARTNERS,'' after
``SPOUSES,''.
(2) Clerical amendment.--The table of contents is amended
by amending the item relating to section 216A to read as
follows:

``Sec. 216A. Conditional permanent resident status for certain alien
entrepreneurs, spouses, permanent partners, and
children.''.

(b) In General.--Section 216A(a) (8 U.S.C. 1186b(a)) is
amended by inserting ``or permanent partner'' after
``spouse'' each place such term appears.
(c) Termination of Status if Finding That Qualifying
Entrepreneurship Improper.--Section 216A(b)(1) (8 U.S.C.
1186b(b)(1)) is amended by inserting ``or permanent partner''
after ``spouse''.
(d) Requirements of Timely Petition and Interview for
Removal of Condition.--Section 216A(c) (8 U.S.C. 1186b(c)) is
amended by inserting ``or permanent partner'' after
``spouse'' each place such term appears.
(e) Definitions.--Section 216A(f)(2) (8 U.S.C. 1186b(f)(2))
is amended by inserting ``or permanent partner'' after
``spouse'' each place such term appears.

SEC. 14. DEPORTABLE ALIENS.

(a) In General.--Section 237(a) (8 U.S.C. 1227(a)) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (D)(i), by inserting ``or permanent
partners'' after ``spouses'' each place such term appears;
(B) in subparagraph (E), by inserting ``permanent
partner,'' after ``spouse,'' each place such term appears;
(C) in subparagraph (H)(i)(I), by inserting ``or permanent
partner'' after ``spouse''; and
(D) by adding at the end the following:
``(I) Permanent partnership fraud.--An alien shall be
considered to be deportable as having procured a visa or
other documentation by fraud (within the meaning of section
212(a)(6)(C)(i)) and to be in the United States in violation
of this Act (within the meaning of subparagraph (B)) if--
``(i) the alien obtains any admission to the United States
with an immigrant visa or other documentation procured on the
basis of a permanent partnership entered into less than 2
years before such admission and which, not later than 2 years
after such admission, is terminated because the criteria for
permanent partnership are no longer fulfilled, unless the
alien establishes to the satisfaction of the Secretary of
Homeland Security that such permanent partnership was not
contracted for the purpose of evading any provisions of the
immigration laws; or
``(ii) it appears to the satisfaction of the Secretary of
Homeland Security that the alien has failed or refused to
fulfill the alien's permanent partnership which in the
opinion of the Secretary of Homeland Security was made for
the purpose of procuring the alien's admission as an
immigrant.'';
(2) in paragraph (2)(E)(i), by inserting ``or permanent
partner'' after ``spouse'' each place such term appears; and
(3) in paragraph (3)(C)(ii), by inserting ``or permanent
partner'' after ``spouse'' each place such term appears.
(b) Technical and Conforming Amendments.--Section 237(a) (8
U.S.C. 1227(a)) is amended by striking ``Attorney General''
each place that term appears and inserting ``Secretary of
Homeland Security''.

SEC. 15. REMOVAL PROCEEDINGS.

Section 240(e)(1) (8 U.S.C. 1229a(e)(1)) is amended by
inserting ``permanent partner,'' after ``spouse,''.

SEC. 16. CANCELLATION OF REMOVAL; ADJUSTMENT OF STATUS.

Section 240A(b) (8 U.S.C. 1229b(b)) is amended--
(1) in paragraph (1)(D), by inserting ``permanent
partner,'' after ``spouse,''; and
(2) in paragraph (2)--
(A) in the header, by inserting ``, permanent partner,''
after ``spouse''; and
(B) in subparagraph (A), by inserting ``, permanent
partner,'' after ``spouse'' each place such term appears.

SEC. 17. ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF
PERSON ADMITTED FOR PERMANENT RESIDENCE.

(a) Prohibition on Adjustment of Status.--Section 245(d) (8
U.S.C. 1255(d)) is amended by inserting ``or permanent
partnership'' after ``marriage''.
(b) Avoiding Immigration Fraud.--Section 245(e) (8 U.S.C.
1255(e)) is amended--
(1) in paragraph (1), by inserting ``or permanent
partnership'' after ``marriage''; and
(2) by adding at the end the following:
``(4) Paragraph (1) and section 204(g) shall not apply with
respect to a permanent partnership if the alien establishes
by clear and convincing evidence to the satisfaction of the
Secretary of Homeland Security that the permanent partnership
was entered into in good faith and in accordance with section
101(a)(51) and the permanent partnership was not entered into
for the purpose of procuring the alien's admission as an
immigrant and no fee or other consideration was given (other
than a fee or other consideration to an attorney for
assistance in preparation of a lawful petition) for the
filing of a petition under section 204(a) or 214(d) with
respect to the alien permanent partner. In accordance with
regulations, there shall be only 1 level of administrative
appellate review for each alien seeking relief under this
paragraph.''.
(c) Adjustment of Status for Certain Aliens Paying Fee.--
Section 245(i)(1)(B) (8 U.S.C. 1255(i)(1)(B)) is amended by
inserting ``, permanent partner,'' after ``spouse''.

SEC. 18. MISREPRESENTATION AND CONCEALMENT OF FACTS.

Section 275(c) (8 U.S.C. 1325(c)) is amended by inserting
``or permanent partnership'' after ``marriage''.

SEC. 19. REQUIREMENTS AS TO RESIDENCE, GOOD MORAL CHARACTER,
ATTACHMENT TO THE PRINCIPLES OF THE
CONSTITUTION.

Section 316(b) (8 U.S.C. 1427(b)) is amended, in the matter
following paragraph (2), by inserting ``or permanent
partner'' after ``spouse''.

SEC. 20. FORMER CITIZENS OF UNITED STATES REGAINING UNITED
STATES CITIZENSHIP.

Section 324(a) (8 U.S.C. 1435(a)) is amended, in the matter
following ``after September 22, 1922,'', by inserting ``or
permanent partnership'' after ``marriage'' each place such
term appears.

SEC. 21. APPLICATION OF FAMILY UNITY PROVISIONS TO PERMANENT
PARTNERS OF CERTAIN LIFE ACT BENEFICIARIES.

Section 1504 of the LIFE Act Amendments of 2000 (114 Stat.
2763A09325) is amended--
(1) in the section header, by inserting ``, PERMANENT
PARTNERS,'' after ``SPOUSES'';
(2) in subsection (a), by inserting ``, permanent
partner,'' after ``spouse''; and
(3) in subsections (b) and (c)--
(A) in the subsection headers, by inserting ``, Permanent
Partners,'' after ``Spouses''; and
(B) by inserting ``, permanent partner,'' after ``spouse''
each place such term appears.
______

By Ms. SNOWE (for herself, Ms. Cantwell, Mr. Stevens, and Mr.
Inouye):
S. 1280. A bill to authorize appropriations for fiscal years 2006 and
2007 for the United States Coast Guard, and for other purposes; to the
Committee on Commerce, Science, and Transportation.
Ms. SNOWE. Mr. President, today I am pleased to introduce the Coast
Guard Authorization Act of 2005.
The Coast Guard serves as the guardian of our maritime homeland
security and provides many critical services for our Nation. Last year
alone, the Coast Guard responded to over 32,000 calls for assistance,
and saved 5,500 lives. These brave men and women risk their lives to
defend our borders from drugs, illegal immigrants, acts of terror, and
other national security threats. In 2004, the Coast Guard seized
376,000 pounds of illegal narcotics, preventing them from reaching our
streets and playgrounds. They also stopped over 11,000 illegal migrants
from reaching our shores. In addition they conducted 4,500 boardings to
protect our vital fisheries stocks and they responded to 23,904
pollution incidents.
In today's post-9/11 world, the men and women of the Coast Guard have
been working harder than ever securing the nation's coastline,
waterways, and ports. This rapid escalation of the Coast Guard's
homeland security mission catalogue continues today. Last year alone,
the Coast Guard aggressively defended our homeland by conducting more
than 36,000 port security patrols, boarded over 19,000 vessels,
escorted over 7,200 vessels, and maintained more than 115 security
zones. While our new reality requires the Coast Guard to maintain a
robust homeland security posture, these new priorities must not
diminish the Coast Guard's focus on its traditional missions such as
marine safety, search and rescue, aids to navigation, fisheries law
enforcement, and marine environmental protection.
By introducing the Coast Guard Authorization bill today, I intend to
continue giving the Coast Guard my full support, and I hope my
colleagues will work with me to provide the Coast Guard with the
resources it needs to carry out its many critically important missions
that it provides to this Nation. Unfortunately, the Coast Guard's rapid
operational escalation has come on the backs of its 42,000 men and
women who faithfully serve our country. Additionally, it has taken a
significant toll on the ships, boats, and aircraft that the Coast Guard
uses on a daily basis. I believe we need to shift this burden off our
people and instead adequately provide the Coast Guard with the
resources it needs, primarily through the full support of its
recapitalization project known as Deepwater.
The bill I introduce today would authorize funding at $8.2 billion
for Fiscal Year 2006 and $8.8 billion for Fiscal Year 2007. This
represents an 8 percent annual budget increase over the levels
contained in last year's authorization bill. This authorization will
continue

[[Page S6920]]

to allow the Coast Guard to perform non-homeland security missions such
as search and rescue, fisheries enforcement, and marine environmental
protection, as well as fund the necessary missions related to ports,
waterways, and coastal security.
This bill also includes numerous measures that would allow the Coast
Guard to enforce provisions of the Maritime Transportation Security
Act, an essential element in securing the Nation's ports and waterways.
Additionally, it would address maritime safety issues by allowing the
Coast Guard to continue training both the commercial fishing industry
and the recreational boating public in issues regarding safety at sea.
Joint training for foreign Nations is also addressed, which allows for
nation-building and the development of bilateral agreements that allow
the Coast Guard to effectively combat the trafficking of illegal
narcotics into our Nation, keeping them off the streets and out of our
schools.
In response to the final report of the United States Commission on
Ocean Policy, this bill includes provisions that would allow the Coast
Guard to work with other Federal, State, and local agencies in
developing plans to assist vessels in distress, thus eliminating the
potential for loss of life and environmental damage. It also directs
the Coast Guard to develop steps that will allow it to better detect
and interdict vessels, both American and foreign flagged, that are
violating fishing regulations.
Finally, we must recognize that the United States Coast Guard is a
force conducting 21st century operations with 20th century technology.
To accomplish its many vital missions, the Coast Guard desperately
needs to recapitalize its offshore fleet of cutters and aircraft. The
Coast Guard operates the third oldest of the world's 42 similar naval
fleets with several cutters dating back to World War II. These
platforms are technologically obsolete, require excessive maintenance,
lack essential speed, and have poor interoperability which in turn
limit their overall mission effectiveness and efficiency.
Unfortunately, they are reaching the end of their serviceable life just
when the Coast Guard needs them the most.
The Coast Guard continues to progress with its major recapitalization
program for the ships and aircraft designed to operate more than 50
miles offshore. The Integrated Deepwater System acquisition program is
critical to the future viability of the Coast Guard. I wholeheartedly
support this initiative and the procurement strategy the Coast Guard is
utilizing. This bill would authorize full funding for this critical
long-term recapitalization program.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1280

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.

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.

[[Page S6921]]

(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

[[Page S6922]]

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.

[[Page S6923]]

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''.

[[Page S6924]]

(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.

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 (Pub.
L. 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.''.

[[Page S6925]]

(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.

Ms. CANTWELL. Mr. President, I am pleased to join Chairwoman Snowe to
introduce the Coast Guard Authorization Act of 2005.
Those of us from coastal States are especially aware of the important
role of the U.S. Coast Guard in maritime security, marine safety, and
search and rescue of mariners. In addition, the Coast Guard is
instrumental in protecting our ocean resources through fisheries
enforcement and response to oil spills.
We ask a lot of the Coast Guard, and I am grateful to the men and
women of the U.S. Coast Guard for their dedication and hard work. In
this bill, I believe we have provided the Coast Guard with direction
and authorizations that will help them better serve the public and meet
the growing demands of the future.
The bill includes authorizations for Fiscal Year 2006 and 2007
appropriations that are approximately 8 percent higher than for each
preceding year. The bill also authorizes a number of important new
programs including recommendations of the United States Commission on
Ocean Policy, makes a number of changes sought by the Coast Guard for
personnel and property management, and makes necessary technical
corrections resulting from the Coast Guard's move from the Department
of Transportation to the Department of Homeland Security.
I am especially pleased that the committee legislation authorizes
$47,500,000 for the Coast Guard's continued operation and maintenance
of the Nation's only Polar Ice Breaker fleet. The administration's
budget for fiscal year 2006 proposed transferring the funding for
operation and maintenance of these vessels to the National Science
Foundation, while leaving operational responsibility with the Coast
Guard. No other Coast Guard asset is funded in this manner. Subjecting
the icebreaker program to the budgeting decisions of another federal
agency would definitely lead to an uncertain future for the Coast
Guard's three icebreakers, ultimately undermining the ability of the
Coast Guard to maintain these assets, and threatening the ability of
the United States to maintain a presence in the polar regions over the
long term. Section 203 of this legislation specifically calls on the
Coast Guard to take all necessary measures to maintain its current
fleet of polar icebreakers, rather than transferring this
responsibility to the NSF.
This bill includes important funding for additional Coast Guard
capital improvement priorities including $10,000,000 for the completion
of the vessel traffic system upgrade for Puget Sound, one of two
regions nationwide that has not yet benefited from this important
upgrade in maritime traffic management and safety. This upgraded vessel
traffic system will improve vessel traffic efficiency and safety
throughout Washington's coastal waters. This funding also includes $3
million for completion of a Coast Guard administrative building on Pier
36 in Seattle that was badly damaged in the Olympia earthquake in 2001.
This building is the Command Center for the Coast Guard's Puget Sound
search and rescue and homeland security activities and these funds will
greatly improve the Coast Guard's capabilities in this area.

I am also pleased that the bill directs the Coast Guard to report to
the Commerce Committee on opportunities for, the feasibility of, co-
locating Coast Guard assets and personnel at facilities of other armed
services branches, and entering into cooperative agreements for
carrying out various Coast Guard missions. One such facility where co-
location may prove beneficial to both the Coast Guard and the Navy is
Naval Station Everett, which will be included in the Coast Guard's
evaluation.
In addition, the bill promotes the use of alternative fuels by
requiring the Coast Guard to evaluate the feasibility, costs, and
potential cost savings of using bio-diesel fuel in new and existing
Coast Guard vehicles and vessels, with a focus on ports such as the
Port of Seattle with very high vessel traffic density. Bio-diesel and
other alternative vehicle fuels are already used by the Army at Fort
Lewis, King County Metro Transit, and several school districts and
cities in Washington State.
We have included in the bill a provision that would extend a
requirement for non-tank vessels of over 400 gross tons, operating in
waters out to 12 miles from the U.S., to prepare emergency response
plans for oil spills. As we have learned with unfortunate oil spills in
the past, such as the recent Daleo Passage Spill, every second matters.
Requiring large vessels operating in coastal waters to have an
emergency response plan will help prevent oil spill disasters and, in
the event of a spill, mitigate their effects through preparedness.
Finally, the bill makes several important changes to the Coast
Guard's management of personnel. One of these changes modifies current
Coast Guard rules regarding recalling reservists for acts of terrorism
and for longer periods of time. This provision ensures that the clock
for the length of the recall begins to run on the first day that a
reservist reports to active duty, including for training. Another
provision ensures that the director of the Boating Safety Office
remains a uniformed officer at the level of captain, in response to
concerns from the boating safety community that the Coast Guard was
eliminating this billet.
Effective Coast Guard operations are important for the State of
Washington and for the Nation. I am pleased to join Senators Snowe,
Stevens, and Inouye in introducing this legislation and I look forward
to working with my colleagues on the Commerce Committee and with the
Coast Guard to move this legislation quickly through the Committee and
the Senate.
______

By Mrs. HUTCHISON (for herself and Mr. Nelson of Florida):
S. 1281. A bill to authorize appropriations for the National
Aeronautics and Space Administration for science, aeronautics,
exploration, exploration capabilities, and the Inspector General, and
for other purposes, for fiscal years 2006, 2007, 2008, 2009, and 2010;
to the Committee on Commerce, Science, and Transportation.
Mrs. HUTCHISON. Mr. President, my friend and colleague, the senior
Senator from Florida, and I are today introducing a far-reaching bill
to reauthorize the National Aeronautics and Space Administration for 5
years, from fiscal year 2006 through fiscal year 2010.
This legislation is already the product of close bipartisan
cooperation among Republicans and Democrats, which should be a surprise
to no one, for space exploration is something that is important to all
Americans, and promises and provides benefits to all of us, to all of
humanity.
This bill represents an important opportunity for the Congress to
play its fundamental role, in conjunction with the executive branch, in
establishing the policies and principles that will guide our Nation's
exploration and utilization of space.
The President has outlined an ambitious new Vision for Exploration
that enables us to see where we can be 30 and 40 years ahead, with a
renewed US presence on the Moon and crews and habitats on Mars, and
perhaps even beyond. I support and endorse that vision and believe it
describes a course America must take into the future.
This legislation expresses the sense of the Congress that such a
broad, visionary goal is important and necessary to help stimulate our
efforts today to develop the capabilities and the skills to reach that
goal, and to reap tremendous benefits and rewards for all of us here on
Earth as we do.

[[Page S6926]]

The bill authorizes funding for NASA for the next 5 fiscal years,
from fiscal year 2006 to fiscal year 2010. The authorized levels are
close to those requested in the President's budget request for 2006 and
increase at a level to keep pace with estimates of inflation over the
subsequent years.
Where the legislation differs from the President's request or from
the plans that have been developed at NASA to begin the vision for
exploration, we believe the adjustments made in this legislation will
improve NASA's capability to carry out those plans and to sustain the
high level of public and congressional support necessary for the long-
term success of the vision for exploration.
Those differences revolve around two major areas of concern: (1) the
need to ensure a sustained, continuous ability for the United States to
launch crews and cargo into orbit; and (2) the need to maintain our
existing commitments to both our international partners and our
scientific partners in the International Space Station.
In other areas of space policy and programs, we have included
language which expands on the administration proposals. We provide for
the establishment, by the President, of a proposed National Policy for
Aeronautics and Aeronautical Research, to provide a framework for
making intelligent and far-reaching decisions about this crucial aspect
of our Nation's ability to remain competitive in the global market of
aeronautics. We must know what capabilities must be retained in our
present aeronautics research infrastructure and what may be better
served by changes that would remove the competition within NASA for
limited resources in a constrained budgetary environment. Difficult
choices must be made, but the first step in making informed decisions
is to have a comprehensive policy framework to guide those decisions.
We endorse and expand, by repeated references in several portions of
the bill, the desire to open the door for greater commercial
participation in the exploration and utilization of space and space-
based assets, from the development of basic launch capabilities, to
crew-capable launch vehicles, to resupply and even research management
of the International Space Station, and missions to the Moon and Mars,
to Earth observation and remote sensing capabilities.
Commercial capabilities have experienced a dramatic upsurge in the
recent past which makes this an especially important and promising
aspect of this legislation. Just one year ago, on June 21, 2004,
SpaceShipOne, built by the private firm of Scaled Composites, flew into
the lower reaches of outer space, making pilot Mike Melvill the first
civilian to fly a commercially-built spaceship out of the atmosphere
and the first private pilot to earn astronaut wings.
As I said earlier, we believe the provisions of this legislation will
make it easier for NASA to pursue the vision for exploration. Let me,
in conclusion, expand briefly on that statement by referring to two
specific areas of interest: the development of a crew exploration
vehicle, and the assembly and operation of the International Space
Station.

NASA has begun several efforts in the past decade, to develop a
replacement vehicle for human space flight, with a view to eventually
retiring the space shuttle. Each of them has failed, after considerable
expense, to find the technological breakthrough that was necessary for
their success. They were focused on new technologies, new systems that
were largely untested, and unproven. We are now out of time, and can no
longer afford the luxury of attempting to develop a dramatically new
and different human space flight capability.
This legislation directs NASA, wherever practical, to use existing
technology and industrial capacity, derived from our 24 years of
experience with the space shuttle, in developing alternative means for
launching crews and cargo into space. This approach promises not only
to result in less cost to NASA and less risk of failure in development,
but it will enable this nation to avoid an unacceptable--and
potentially dangerous--situation where we do not have a capability to
launch humans in space, especially at a time when the number of nations
who have that capability is increasing, as the entry of China into that
long-exclusive ``club'' has demonstrated.
NASA has said it cannot afford to continue to provide for all the
research that has been planned for years to be accomplished aboard the
International Space Station. It has begun the process of narrowing the
scope of the use of the space station to those experiments that can
contribute directly to the needs of the vision for exploration, and the
support of human missions to the Moon, Mars, and beyond. This
legislation states strongly that such a restriction on the range of
research disciplines aboard the ISS is not in the best interests of the
Nation, or of our partners.
The bill directs NASA to retain and support those ``non-vision''
science disciplines, and authorizes an additional $100 million,
initially, for NASA to do that. But more importantly, the bill
designates the U.S. portion of the ISS as a national laboratory
facility, and directs NASA to provide a plan, by March of next year,
which will enable a national laboratory, within NASA, to assume
research management responsibility for that on-orbit national
laboratory facility.
The potential gain for NASA is that the national laboratory will be
empowered to bring other, non-NASA, resources to bear in operating the
ISS, thus freeing NASA of much of that operational responsibility,
while at the same time allowing it to support the specific research it
needs for the vision for exploration.
The legislation provides other authorities, as requested by the
administration, to facilitate NASA operations and management, and
addresses other issues, such as continued monitoring of safety-related
issues. While it adds some reporting requirements for NASA, it also
eliminates a number of statutory reporting requirements that are no
longer necessary.
This legislation to reauthorize NASA is necessary and vital to the
future success of our Nation's effort in the exploration of space, and
I take great satisfaction in offering it today for the Senate's
consideration. I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 1281

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as ``National
Aeronautics and Space Administration Authorization Act of
2005''.
(b) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.

TITLE I--AUTHORIZATION OF APPROPRIATIONS

Subtitle A--Authorizations

Sec. 101. Fiscal year 2006.
Sec. 102. Fiscal year 2007.
Sec. 103. Fiscal year 2008.
Sec. 104. Fiscal year 2009.
Sec. 105. Fiscal year 2010.
Sec. 106. Evaluation criteria for budget request.

Subtitle B--General Provisions

Sec. 131. Implementation of a science program that extends human
knowledge and understanding of the Earth, sun, solar
system, and the universe.
Sec. 132. Biennial reports to Congress on science programs.
Sec. 133. Status report on Hubble Space Telescope servicing mission.
Sec. 134. Develop expanded permanent human presence beyond low-Earth
orbit.
Sec. 135. Ground-based analog capabilities.
Sec. 136. Space launch and transportation transition, capabilities, and
development.
Sec. 137. National policy for aeronautics research and development.
Sec. 138. Identification of unique NASA core aeronautics research.
Sec. 139. Lessons learned and best practices.
Sec. 140. Safety management.
Sec. 141. Creation of a budget structure that aids effective oversight
and management.
Sec. 142. Earth observing system.

Subtitle C--Limitations and Special Authority

Sec. 161. Official representational fund.
Sec. 161. Facilities management.

TITLE II--INTERNATIONAL SPACE STATION

Sec. 201. International Space Station completion.
Sec. 202. Research and support capabilities on international Space
Station.
Sec. 20d. National laboratory status for International Space Station.

[[Page S6927]]

Sec. 204. Commercial support of International Space Station operations
and utilization.
Sec. 205. Use of the International Space Station and annual report.

TITLE III--NATIONAL SPACE TRANSPORTATION POLICY

Sec. 301. United States human-rated launch capacity assessment.
Sec. 302. Space Shuttle transition.
Sec. 303. Commercial launch vehicles.
Sec. 304. Secondary payload capability.

TITLE IV--ENABLING COMMERCIAL ACTIVITY

Sec. 401. Commercialization plan.
Sec. 402. Authority for competitive prize program to encourage
development of advanced space and aeronautical
technologies.
Sec. 403. Commercial goods and services.

TITLE V--MISCELLANEOUS ADMINISTRATIVE IMPROVEMENTS

Sec. 501. Extension of indemnification authority.
Sec. 502. Intellectual property provisions.
Sec. 503. Retrocession of jurisdiction.
Sec. 504. Recovery and disposition authority.
Sec. 505. Requirement for independent cost analysis.
Sec. 506. Electronic access to business opportunities.
Sec. 507. Reports elimination.

SEC. 2. FINDINGS.

The Congress finds the following:
(1) It is the policy of the United States to advance United
States scientific, security, and economic interests through a
healthy and active space exploration program.
(2) Basic and applied research in space science, Earth
science, and aeronautics remain a significant part of the
Nation's goals for the use and development of space. Basic
research and development is an important component of NASA's
program of exploration and discovery.
(3) Maintaining the capability to safely send humans into
space is essential to United States national and economic
security, United States preeminence in space, and inspiring
the next generation of explorers. Thus, a gap in United
States human space flight capability is harmful to the
national interest.
(4) The exploration, development, and permanent habitation
of the Moon will--
(A) inspire the Nation;
(B) spur commerce, imagination, and excitement around the
world; and
(C) open the possibility of further exploration of Mars.
(5) The establishment of the capability for consistent
access to and stewardship of the region between the Moon and
Earth is in the national security and commercial interests of
the United States.
(6) Commercial development of space, including exploration
and other lawful uses, is in the interest of the United
States and the international community at large.
(7) Research and access to capabilities to support a
national laboratory facility within the United States segment
of the ISS in low-Earth orbit are in the national policy
interests of the United States, including maintenance and
development of an active and healthy stream of research from
ground to space in areas that can uniquely benefit from
access to this facility.
(8) NASA should develop vehicles to replace the Shuttle
orbiter's capabilities for transporting crew and heavy cargo
while utilizing the current program's resources, including
human capital, capabilities, and infrastructure. Using these
resources can ease the transition to a new space
transportation system, maintain an essential industrial base,
and minimize technology and safety risks.
(9) The United States should remain the world leader in
aeronautics and aviation. NASA should align its aerospace
research to ensure United States leadership. A national
effort is needed to assess NASA's aeronautics programs and
infrastructure to allow a consolidated national approach that
ensures efficiency and national preeminence in aeronautics
and aviation.

SEC. 3. DEFINITIONS.

In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Aeronautics and Space
Administration.
(2) ISS.--The term ``ISS'' means the international space
station.
(3) NASA.--The term ``NASA'' means the National Aeronautics
and Space Administration.
(4) Shuttle-derived vehicle.--The term ``shuttle-derived
vehicle'' means any new space transportation vehicle, piloted
or unpiloted, that--
(A) is capable of supporting crew or cargo missions; and
(B) uses a major component of NASA's Space Transportation
System, such as the solid rocket booster, external tank,
engine, and orbiter.
(5) In-situ resource utilization.--The term ``in-situ
resource utilization'' means the technology or systems that
can convert indigenous or locally-situated substances into
useful materials and products.

TITLE I--AUTHORIZATION OF APPROPRIATIONS

Subtitle A--Authorizations

SEC. 101. FISCAL YEAR 2006.

There are authorized to be appropriated to the National
Aeronautics and Space Administration, for fiscal year 2006
$16,556,400,000, as follows:
(1) For science, aeronautics and exploration,
$9,661,000,000 for the following programs (including amounts
for construction of facilities).
(2) For exploration capabilities, $6,863,000,000,
(including amounts for construction of facilities), which
shall be used for space operations, and out of which
$100,000,000 shall be used for the purposes of section 202 of
this Act.
(3) For the Office of Inspector General, $32,400,000.

SEC. 102. FISCAL YEAR 2007.

There are authorized to be appropriated to the National
Aeronautics and Space Administration, for fiscal year 2007,
$17,052,900,000, as follows:
(1) $10,549,800,000 for science, aeronautics and
exploration (including amounts for construction of
facilities).
(2) For exploration capabilities, $6,469,600,000, for the
following programs (including amounts for construction of
facilities), of which $6,469,600,000 shall be for space
operations.
(3) For the Office of Inspector General, $33,500,000.

SEC. 103. FISCAL YEAR 2008.

There are authorized to be appropriated to the National
Aeronautics and Space Administration, for fiscal year 2008,
$17,470,900,000.

SEC. 104. FISCAL YEAR 2009.

There are authorized to be appropriated to the National
Aeronautics and Space Administration, for fiscal year 2009,
$17,995,000,000.

SEC. 105. FISCAL YEAR 2010.

There are authorized to be appropriated to the National
Aeronautics and Space Administration, for fiscal year 2010,
$18,534,900,000.

SEC. 106. EVALUATION CRITERIA FOR BUDGET REQUEST.

It is the sense of the Congress that each budget of the
United States submitted to the Congress after the date of
enactment of this Act should be evaluated for compliance with
the findings and priorities established by this Act and the
amendments made by this Act.

Subtitle B--General Provisions

SEC. 131. IMPLEMENTATION OF A SCIENCE PROGRAM THAT EXTENDS
HUMAN KNOWLEDGE AND UNDERSTANDING OF THE EARTH,
SUN, SOLAR SYSTEM, AND THE UNIVERSE.

The Administrator shall--
(1) conduct a rich and vigorous set of science activities
aimed at better comprehension of the universe, solar system,
and Earth, and ensure that the various areas within NASA's
science portfolio are developed and maintained in a balanced
and healthy manner;
(2) plan projected Mars exploration activities in the
context of planned lunar robotic precursor missions, ensuring
the ability to conduct a broad set of scientific
investigations and research around and on the Moon's surface;
(3) upon successful completion of the planned return-to-
flight schedule of the Space Shuttle, determine the schedule
for a Shuttle servicing mission to the Hubble Space
Telescope, unless such a mission would compromise astronaut
or safety or the integrity of NASA's other missions;
(4) ensure that, in implementing the provisions of this
section, appropriate inter-agency and commercial
collaboration opportunities are sought and utilized to the
maximum feasible extent;
(5) seek opportunities to diversify the flight
opportunities for scientific Earth science instruments and
seek innovation in the development of instruments that would
enable greater flight opportunities;
(6) develop a long term sustainable relationship with the
United States commercial remote sensing industry, and,
consistent with applicable policies and law, to the maximum
practical extent, rely on their services;
(7) in conjunction with United States industry and
universities, develop Earth science applications to enhance
Federal, State, local, regional, and tribal agencies that use
government and commercial remote sensing capabilities and
other sources of geospatial information to address their
needs; and
(8) plan, develop, and implement a near-Earth object survey
program to detect, track, catalogue, and characterize the
physical characteristics of near-Earth asteroids and comets
in order to assess the threat of such near-Earth objects in
impacting the Earth.

SEC. 132. BIENNIAL REPORTS TO CONGRESS ON SCIENCE PROGRAMS.

(a) In General.--Within 180 days after the date of
enactment of this Act and every 2 years thereafter, the
Administrator shall transmit a report to the Senate Committee
on Commerce, Science, and Transportation and the House of
Representatives Committee on Science setting forth in
detail--
(1) the findings and actions taken on NASA's assessment of
the balance within its science portfolio and any efforts to
adjust that balance among the major program areas, including
the areas referred to in section 131;
(2) any activities undertaken by the Administration to
conform with the Sun-Earth science and applications direction
provided in section 131; and
(3) efforts to enhance near-Earth object detection and
observation.

[[Page S6928]]

(b) External Review Findings.--The Administrator shall
include in each report submitted under this section a summary
of findings and recommendations from any external reviews of
the Administration's science mission priorities and programs.

SEC. 133. STATUS REPORT ON HUBBLE SPACE TELESCOPE SERVICING
MISSION.

Within 60 days after the landing of the second Space
Shuttle mission for return-to-flight certification, the
Administrator shall transmit to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Science a one-time status report
on a Hubble Space Telescope servicing mission.

SEC. 134. DEVELOP EXPANDED PERMANENT HUMAN PRESENCE BEYOND
LOW-EARTH ORBIT.

(a) In General.--As part of the programs authorized under
the National Aeronautics and Space Act of 1958 (42 U.S.C.
2451 et seq.), the Administrator shall establish a program to
develop a permanently sustained human presence on the Moon,
in tandem with an extensive precursor program, to support
security, commerce, and scientific pursuits, and as a
stepping-stone to future exploration of Mars. The
Administrator is further authorized to develop and conduct
international collaborations in pursuit of these goals, as
appropriate.
(b) Requirements.--In carrying out this section, the
Administrator shall--
(1) implement an effective exploration technology program
that is focused around the key needs to support lunar human
and robotic operations;
(2) as part of NASA's annual budget submission, submit to
the Congress the detailed mission, schedule, and budget for
key lunar mission-enabling technology areas, including areas
for possible innovative governmental and commercial
activities and partnerships;
(3) as part of NASA's annual budget submission, submit to
the Congress a plan for NASA's lunar robotic precursor and
technology programs, including current and planned technology
investments and scientific research that support the lunar
program; and
(4) conduct an intensive in-situ resource utilization
technology program in order to develop the capability to use
space resources to increase independence from Earth, and
sustain exploration beyond low-Earth orbit.

SEC. 135. GROUND-BASED ANALOG CAPABILITIES.

(a) In General.--The Administrator shall establish a
ground-based analog capability in remote United States
locations in order to assist in the development of lunar
operations, life support, and in-situ resource utilization
experience and capabilities.
(b) Locations.--The Administrator shall select locations
for subsection (a) in places that--
(1) are regularly accessible;
(2) have significant temperature extremes and range; and
(3) have access to energy and natural resources (including
geothermal, permafrost, volcanic, and other potential
resources).
(c) Involvement of Local Populations; Private Sector
Partners.--In carrying out this section, the Administrator
shall involve local populations, academia, and industrial
partners as much as possible to ensure that ground-based
benefits and applications are encouraged and developed.

SEC. 136. SPACE LAUNCH AND TRANSPORTATION TRANSITION,
CAPABILITIES, AND DEVELOPMENT.

(a) Post-Orbiter Transition.--The Administrator shall
develop an implementation plan for the transition to a new
crew exploration vehicle and heavy-lift launch vehicle that
uses the personnel, capabilities, assets, and infrastructure
of the Space Shuttle to the fullest extent possible and
addresses how NASA will accommodate the docking of the crew
exploration vehicle to the ISS.
(b) Automated Rendezvous and Docking.--The Administrator is
directed to pursue aggressively automated rendezvous and
docking capabilities that can support ISS and other mission
requirements and include these activities, progress reports,
and plans in the implementation plan.
(c) Congressional Submission.--Within 120 days after the
date of enactment of this Act the Administrator shall submit
a copy of the implementation plan to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Science.

SEC. 137. NATIONAL POLICY FOR AERONAUTICS RESEARCH AND
DEVELOPMENT.

(a) In General.--The President, through the Director of the
Office of Science and Technology Policy, shall develop, in
consultation with NASA and other relevant Federal agencies, a
national aeronautics policy to guide the aeronautics programs
of the United States through the year 2020.
(b) Content.--At a minimum the national aeronautics policy
shall describe--
(1) national goals for aeronautics research;
(2) the priority areas of research for aeronautics through
fiscal year 2011;
(3) the basis of which and the process by which priorities
for ensuing fiscal years will be selected; and
(4) respective roles and responsibilities of various
Federal agencies in aeronautics research.
(c) National Assessment of Aeronautics Infrastructure and
Capabilities.--In developing the national aeronautics policy,
the President, through the Director of the Office of Science
and Technology Policy, shall conduct a national study of
government-owned aeronautics research infrastructure to
assess--
(1) uniqueness, mission dependency, and industry need; and
(2) the development or initiation of a consolidated
national aviation research, development, and support
organization.
(d) Schedule.--No later than 1 year after the date of
enactment of this Act, the President's Science Advisor and
the Administrator shall submit the national aeronautics
policy to the Appropriations Committees of the House of
Representatives and the Senate, the House Committee on
Science, and the Senate Committee on Commerce, Science, and
Transportation.

SEC. 138. IDENTIFICATION OF UNIQUE NASA CORE AERONAUTICS
RESEARCH.

Within 180 days after the date of enactment of this Act,
the Administrator shall submit a report to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Science that assesses
the aeronautics research program for its current and
potential application to new aeronautic and space vehicles
and the unique aeronautical research and associated
capabilities that must be retained and supported by NASA to
further space exploration and support United States economic
competitiveness.

SEC 139. LESSONS LEARNED AND BEST PRACTICES

(a) In General.--The Administrator shall provide an
implementation plan describing NASA's approach for obtaining,
implementing, and sharing lessons learned and best practices
for its major programs and projects within 180 days after the
date of enactment of this Act. The implementation plan shall
be updated and maintained to assure that it is current and
consistent with the burgeoning culture of learning and safety
that is emerging at NASA.
(b) Required Content.--The implementation plan shall
contain as a minimum the lessons learned and best practices
requirements for NASA, the organizations or positions
responsible for enforcement of the requirements, the
reporting structure, and the objective performance measures
indicating the effectiveness of the activity.
(c) Incentives.--The Administrator shall provide incentives
to encourage sharing and implementation of lessons learned
and best practices by employees, projects, and programs; as
well as penalties for programs and projects that are
determined not to have demonstrated use of those resources.

SEC. 140. SAFETY MANAGEMENT.

Section 6 of the National Aeronautics and Space
Administration Authorization Act, 1968 (42 U.S.C. 2477) is
amended--
(1) by inserting ``(a) In General.--'' before ``There'';
(2) by striking ``to it'' and inserting ``to it, including
evaluating NASA's compliance with the return-to-flight and
continue-to-fly recommendations of the Columbia Accident
Investigation Board,'';
(3) by inserting ``and the Congress'' after ``advise the
Administrator'';
(4) by striking ``and with respect to the adequacy of
proposed or existing safety standards and shall'' and
inserting ``with respect to the adequacy of proposed or
existing safety standards, and with respect to management and
culture. The Panel shall also'';
(5) by adding at the end the following:
``(b) Annual Report.--The Panel shall submit an annual
report to the Administrator and to the Congress. In the first
annual report submitted after the date of enactment of the
National Aeronautics and Space Administration Authorization
Act of 2005, the Panel shall include an evaluation of NASA's
safety management culture.
``(c) Sense of the Congress.--It is the sense of the
Congress that the Administrator should--
``(1) ensure that NASA employees can raise safety concerns
without fear of reprisal;
``(2) continue to follow the recommendations of the
Columbia Accident Investigation Board for safely returning
and continuing to fly; and
``(3) continue to inform the Congress from time to time of
NASA's progress in meeting those recommendations.''.

SEC. 141. CREATION OF A BUDGET STRUCTURE THAT AIDS EFFECTIVE
OVERSIGHT AND MANAGEMENT.

In developing NASA's budget request for inclusion in the
Budget of the United States for fiscal year 2007 and
thereafter, the Administrator shall--
(1) include line items for--
(A) science, aeronautics, and exploration;
(B) exploration capabilities; and
(C) the Office of the Inspector General;
(2) enumerate separately, within the science, aeronautics,
and exploration account, the requests for--
(A) space science;
(B) Earth science; and
(C) aeronautics;
(3) include, within the exploration capabilities account,
the requests for--
(A) the Space Shuttle; and
(B) the ISS; and
(4) enumerate separately the specific request for the
independent technical authority within the appropriate
account.

SEC. 142. EARTH OBSERVING SYSTEM.

(a) In General.--Within 6 months after the date of
enactment of this Act, the Administrator, in consultation
with the Administrator of the National Oceanic and
Atmospheric Administration and the Director of the United
States Geological Survey, shall submit a plan to the Senate
Committee on

[[Page S6929]]

Commerce, Science, and Transportation and the House of
Representatives Committee on Science to ensure the long-term
vitality of the earth observing system at NASA.
(b) Plan Requirements.--The plan shall--
(1) address such issues as--
(A) out-year budgetary projections;
(B) technical requirements for the system; and
(C) integration into the Global Earth Observing System of
Systems; and
(2) evaluate--
(A) the need to proceed with any NASA missions that have
been delayed or canceled;
(B) plans for transferring needed capabilities from some
canceled or de-scoped missions to the National Polar-orbiting
Environmental Satellite System;
(C) the technical base for exploratory earth observing
systems;
(D) the need to strengthen research and analysis programs;
and
(E) the need to strengthen the approach to obtaining
important climate observations and data records.
(c) Earth Observing System Defined.--In this section, the
term ``earth observing system'' means the series of
satellites, a science component, and a data system for long-
term global observations of the land surface, biosphere,
solid Earth, atmosphere, and oceans.

Subtitle C--Limitations and Special Authority

SEC. 161. OFFICIAL REPRESENTATIONAL FUND.

Amounts appropriated pursuant to paragraphs (1) and (2) of
section 101 may be used, but not to exceed $70,000, for
official reception and representation expenses.

SEC. 162. FACILITIES MANAGEMENT.

(a) In General.--Notwithstanding any other provision of
law, the Administrator may convey, by sale, lease, exchange,
or otherwise, including through leaseback arrangements, real
and related personal property under the custody and control
of the Administration, or interests therein, and retain the
net proceeds of such dispositions in an account within NASA's
working capital fund to be used for NASA's real property
capital needs. All net proceeds realized under this section
shall be obligated or expended only as authorized by
appropriations Acts. To aid in the use of this authority,
NASA shall develop a facilities investment plan that takes
into account uniqueness, mission dependency, and other
studies required by this Act.
(b) Application of Other Law.--Sales transactions under
this section are subject to section 501 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11411).
(c) Notice of Reprogramming.--If any funds authorized by
this Act are subject to a reprogramming action that requires
notice to be provided to the Appropriations Committees of the
House of Representatives and the Senate, notice of such
action shall concurrently be provided to the House of
Representatives Committee on Science and the Senate Committee
on Commerce, Science, and Transportation.
(d) Definitions.--In this section:
(a) Net proceeds.--The term ``net proceeds'' means the
rental and other sums received less the costs of the
disposition.
(2) Real property capital needs.--The term ``real property
capital needs'' means any expenses necessary and incident to
the agency's real property capital acquisitions,
improvements, and dispositions.

TITLE II--INTERNATIONAL SPACE STATION

SEC. 201. INTERNATIONAL SPACE STATION COMPLETION.

(a) Elements, Capabilities, and Configuration Criteria.--
The Administrator shall ensure that the ISS will be able to--
(1) fulfill international partner agreements and provide a
diverse range of research capacity, including a high rate of
human biomedical research protocols, countermeasures, applied
bio-technologies, technology and exploration research, and
other priority areas;
(2) have an ability to support crew size of at least 6
persons;
(3) support crew exploration vehicle docking and automated
docking of cargo vehicles or modules launched by either
heavy-lift or commercially-developed launch vehicles; and
(4) be operated at an appropriate risk level.
(b) Contingency Plan.--The transportation plan to support
ISS shall include contingency options to ensure sufficient
logistics and on-orbit capabilities to support any potential
hiatus between Space Shuttle availability and follow-on crew
and cargo systems, and provide sufficient pre-positioning of
spares and other supplies needed to accommodate any such
hiatus.
(c) Certification.--Within 180 days after the date of
enactment of this Act, and before making any change in the
ISS assembly sequence in effect on the date of enactment of
this Act, the Administrator shall certify in writing to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Science NASA's plan
to meet the requirements of subsections (a) and (b).
(d) Cost Limitation for the ISS.--Within 6 months after the
date of enactment of this Act, the Administrator shall submit
to the Congress information pertaining to the impact of the
Columbia accident and the implementation of full cost
accounting on the development costs of the International
Space Station. The Administrator shall also identify any
statutory changes needed to section 202 of the NASA
Authorization Act of 2000 to address those impacts.

SEC. 202. RESEARCH AND SUPPORT CAPABILITIES ON INTERNATIONAL
SPACE STATION.

(a) In General.--The Administrator shall--
(1) within 60 days after the date of enactment of this Act,
provide an assessment of biomedical and life science research
planned for implementation aboard the ISS that includes the
identification of research which can be performed in ground-
based facilities and then, if appropriate, validated in space
to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Science;
(2) ensure the capacity to support ground-based research
leading to spaceflight of scientific research in a variety of
disciplines with potential direct national benefits and
applications that can advance significantly from the
uniqueness of micro-gravity;
(3) restore and protect such potential ISS research
activities as molecular crystal growth, animal research,
basic fluid physics, combustion research, cellular
biotechnology, low temperature physics, and cellular research
at a level which will sustain the existing scientific
expertise and research capabilities until such time as
additional funding or resources from sources other than NASA
can be identified to support these activities within the
framework of the National Laboratory provided for in section
203 of this Act; and
(4) within 1 year after the date of enactment of this Act,
develop a research plan that will demonstrate the process by
which NASA will evolve the ISS research portfolio in a manner
consistent with the planned growth and evolution of ISS on-
orbit and transportation capabilities.
(b) Maintenance of On-orbit Analytical Capabilities.--The
Administrator shall ensure that on-orbit analytical
capabilities to support diagnostic human research, as well as
on-orbit characterization of molecular crystal growth,
cellular research, and other research products and results
are developed and maintained, as an alternative to Earth-
based analysis requiring the capability of returning research
products to Earth.
(c) Assessment of Potential Scientific Uses.--The
Administrator shall assess further potential possible
scientific uses of the ISS for other applications, such as
technology development, development of manufacturing
processes, Earth observation and characterization, and
astronomical observations.
(d) Transition to Public-private Research Operations.--By
no later than the date on which the assembly of the ISS is
complete (as determined by the Administrator), the
Administrator shall initiate steps to transition research
operations on the ISS to a greater private-public operating
relationship pursuant to section 203 of this Act.

SEC. 203. NATIONAL LABORATORY STATUS FOR INTERNATIONAL SPACE
STATION.

(a) In General.--In order to accomplish the objectives
listed in section 202, the United States segment of the ISS
is hereby designated a national laboratory facility. The
Administrator, after consultation with the Director of the
Office of Science and Technology Policy, shall develop the
national laboratory facility to oversee scientific
utilization of an ISS national laboratory within the
organizational structure of NASA.
(b) National Laboratory Functions.--The Administrator shall
seek to use the national laboratory to increase the
utilization of the ISS by other national and commercial users
and to maximize available NASA funding for research through
partnerships, cost-sharing agreements, and arrangements with
non-NASA entities.
(c) Implementation Plan.--Within 1 year after the date of
enactment of this Act, the Administrator shall provide an
implementation plan to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Science for establishment of the ISS national
laboratory facility which, at a minimum, shall include--
(1) proposed on-orbit laboratory functions;
(2) proposed ground-based laboratory facilities;
(3) detailed laboratory management structure, concept of
operations, and operational feasibility;
(4) detailed plans for integration and conduct of ground
and space-based research operations;
(5) description of funding and workforce resource
requirements necessary to establish and operate the
laboratory;
(6) plans for accommodation of existing international
partner research obligations and commitments; and
(7) detailed outline of actions and timeline necessary to
implement and initiate operations of the laboratory.
(d) U.S. Segment Defined.--In this section the term
``United States Segment of the ISS'' means those elements of
the ISS manufactured--
(1) by the United States; or
(2) for the United States by other nations in exchange for
funds or launch services.

SEC. 204. COMMERCIAL SUPPORT OF INTERNATIONAL SPACE STATION
OPERATIONS AND UTILIZATION.

The Administrator shall purchase commercial services for
support of the ISS for cargo and other needs to the maximum
extent possible, in accordance with Federal procurement law.

[[Page S6930]]

SEC. 205. USE OF THE INTERNATIONAL SPACE STATION AND ANNUAL
REPORT.

(a) Policy.--It is the policy of the United States--
(1) to ensure diverse and growing utilization of benefits
from the ISS; and
(2) to increase commercial operations in low-Earth orbit
and beyond that are supported by national and commercial
space transportation capabilities.
(b) Use of International Space Station.--The Administrator
shall conduct broadly focused scientific and exploration
research and development activities using the ISS in a manner
consistent with the provisions of this title, and advance the
Nation's exploration of the Moon and beyond, using the ISS as
a test-bed and outpost for operations, engineering, and
scientific research.
(c) Reports.--No later than March 31 of each year the
Administrator shall submit a report to the Senate Committee
on Commerce, Science, and Transportation and the House of
Representatives Committee on Science on the use of the ISS
for these purposes, with implementation milestones and
associated results.

TITLE III--NATIONAL SPACE TRANSPORTATION POLICY

SEC. 301. UNITED STATES HUMAN-RATED LAUNCH CAPACITY
ASSESSMENT.

Notwithstanding any other provision of law, the
Administrator shall, within 60 days after the date of
enactment of this Act, provide to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Science, a full description of
the transportation requirements needed to support the space
launch and transportation transition implementation plan
required by section 136 of this Act, as well as for the ISS,
including--
(1) the manner in which the capabilities of any proposed
human-rated crew and launch vehicles meet the requirements of
the implementation plan under section 136 of this Act;
(2) a retention plan of skilled personnel from the legacy
Shuttle program which will sustain the level of safety for
that program through the final flight and transition plan
that will ensure that any NASA programs can utilize the human
capital resources of the Shuttle program, to the maximum
extent practicable;
(3) the implications for and impact on the Nation's
aerospace industrial base;
(4) the manner in which the proposed vehicles contribute to
a national mixed fleet launch and flight capacity;
(5) the nature and timing of the transition from the Space
Shuttle to the workforce, the proposed vehicles, and any
related infrastructure;
(6) support for ISS crew transportation, ISS utilization,
and lunar exploration architecture;
(7) for any human rated vehicle, a crew escape system, as
well as substantial protection against orbital debris strikes
that offers a high level of safety;
(8) development risk areas;
(9) the schedule and cost;
(10) the relationship between crew and cargo capabilities;
and
(11) the ability to reduce risk through the use of
currently qualified hardware.

SEC. 302. SPACE SHUTTLE TRANSITION.

(a) In General.--In order to ensure continuous human access
to space, the Administrator may not retire the Space Shuttle
orbiter until a replacement human-rated spacecraft system has
demonstrated that it can take humans into Earth orbit and
return them safely, except as may be provided by law enacted
after the date of enactment of this Act. The Administrator
shall conduct the transition from the Space Shuttle orbiter
to a replacement capability in a manner that uses the
personnel, capabilities, assets, and infrastructure of the
current Space Shuttle program to the maximum extent feasible.
(b) Report.--After providing the information required by
section 301 to the Committees, the Administrator shall
transmit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives
Committee on Science containing a detailed and comprehensive
Space Shuttle transition plan that includes any necessary
recertification, including requirements, assumptions, and
milestones, in order to utilize the Space Shuttle orbiter
beyond calendar year 2010.
(c) Contract Terminations; Vendor Replacements.--The
Administrator may not terminate any contracts nor replace any
vendors associated with the Space Shuttle until the
Administrator transmits the report required by subsection (b)
to the Committees.

SEC. 303. COMMERCIAL LAUNCH VEHICLES.

It is the sense of Congress that the Administrator should
use current and emerging commercial launch vehicles to
fulfill appropriate mission needs, including the support of
low-Earth orbit and lunar exploration operations.

SEC. 304. SECONDARY PAYLOAD CAPABILITY.

In order to help develop a cadre of experienced engineers
and to provide more routine and affordable access to space,
the Administrator shall provide the capabilities to support
secondary payloads on United States launch vehicles,
including free flyers, for satellites or scientific payloads
weighing less than 500 kilograms.

TITLE IV--ENABLING COMMERCIAL ACTIVITY

SEC. 401. COMMERCIALIZATION PLAN.

(a) In General.--The Administrator, in consultation with
the Associate Administrator for Space Transportation of the
Federal Aviation Administration, the Director of the Office
of Space Commercialization of the Department of Commerce, and
any other relevant agencies, shall develop a
commercialization plan to support the human missions to the
Moon and Mars, to support Low-Earth Orbit activities and
Earth science mission and applications, and to transfer
science research and technology to society. The plan shall
identify opportunities for the private sector to participate
in the future missions and activities, including
opportunities for partnership between NASA and the private
sector in the development of technologies and services.
(b) Report.--Within 180 days after the date of enactment of
this Act, the Administrator shall submit a copy of the plan
to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Science.

SEC. 402. AUTHORITY FOR COMPETITIVE PRIZE PROGRAM TO
ENCOURAGE DEVELOPMENT OF ADVANCED SPACE AND
AERONAUTICAL TECHNOLOGIES.

Title III of the National Aeronautics and Space Act of 1958
(42 U.S.C. 2451 et seq.) is amended by adding at the end the
following:

``SEC. 316. PROGRAM ON COMPETITIVE AWARD OF PRIZES TO
ENCOURAGE DEVELOPMENT OF ADVANCED SPACE AND
AERONAUTICAL TECHNOLOGIES.

``(a) Program Authorized.--
``(1) In general.--The Administrator may carry out a
program to award prizes to stimulate innovation in basic and
applied research, technology development, and prototype
demonstration that have the potential for application to the
performance of the space and aeronautical activities of the
Administration.
``(2) Use of prize authority.--In carrying out the program,
the Administrator shall seek to develop and support
technologies and areas identified in section 134 of this Act
or other areas that the Administrator determines to be
providing impetus to NASA's overall exploration and science
architecture and plans, such as private efforts to detect
near Earth objects and, where practicable, utilize the prize
winner's technologies in fulfilling NASA's missions. The
Administrator shall widely advertise any competitions
conducted under the program and must include advertising to
research universities.
``(3) Coordination.--The program shall be implemented in
compliance with section 138 of the National Aeronautics and
Space Administration Authorization Act of 2005.
``(b) Program Requirements.--
``(1) Competitive process.--Recipients of prizes under the
program under this section shall be selected through one or
more competitions conducted by the Administrator.
``(2) Advertising.--The Administrator shall widely
advertise any competitions conducted under the program.
``(c) Registration; Assumption of Risk.--
``(1) Registration.--Each potential recipient of a prize in
a competition under the program under this section shall
register for the competition.
``(2) Assumption of risk.--In registering for a competition
under paragraph (1), a potential recipient of a prize shall
assume any and all risks, and waive claims against the United
States Government and its related entities, for any injury,
death, damage, or loss of property, revenue, or profits,
whether direct, indirect, or consequential, arising from
participation in the competition, whether such injury, death,
damage, or loss arises through negligence or otherwise,
except in the case of willful misconduct.
``(3) Related entity defined.--In this subsection, the term
`related entity' includes a contractor or subcontractor at
any tier, a supplier, user, customer, cooperating party,
grantee, investigator, or detailee.
``(d) Limitations.--
``(1) Total amount.--The total amount of cash prizes
available for award in competitions under the program under
this section in any fiscal year may not exceed $50,000,000.
``(2) Approval required for large prizes.--No competition
under the program may result in the award of more than
$1,000,000 in cash prizes without the approval of the
Administrator or a designee of the Administrator.
``(e) Relationship to Other Authority.--The Administrator
may utilize the authority in this section in conjunction with
or in addition to the utilization of any other authority of
the Administrator to acquire, support, or stimulate basic and
applied research, technology development, or prototype
demonstration projects.
``(f) Availability of Funds.--Funds appropriated for the
program authorized by this section shall remain available
until expended.''.

SEC. 403. COMMERCIAL GOODS AND SERVICES.

It is the sense of the Congress that NASA should purchase
commercially available space goods and services to the
fullest extent feasible in support of the human missions
beyond Earth and should encourage commercial use and
development of space to the greatest extent practicable.

TITLE V--MISCELLANEOUS ADMINISTRATIVE IMPROVEMENTS

SEC. 501. EXTENSION OF INDEMNIFICATION AUTHORITY.

Section 309 of the National Aeronautics and Space Act of
1958 (42 U.S.C. 2458c) is amended by striking ``December 31,
2002'' and

[[Page S6931]]

inserting ``December 31, 2007'', and by striking ``September
30, 2005'' and inserting ``December 31, 2009''.

SEC. 502. INTELLECTUAL PROPERTY PROVISIONS.

Section 305 of the National Aeronautics and Space Act of
1958, as amended (42 U.S.C. 2457 et seq.), is amended by
inserting after subsection (f) the following:
``(g) Assignment of Patent Rights, Etc.--
``(1) In general.--Under agreements entered into pursuant
to paragraph (5) or (6) of section 203(c) of this Act (42
U.S.C. 2473(c)(5) or (6)), the Administrator may--
``(A) grant or agree to grant in advance to a participating
party, patent licenses or assignments, or options thereto, in
any invention made in whole or in part by an Administration
employee under the agreement; or
``(B) subject to section 209 of title 35, grant a license
to an invention which is Federally owned, for which a patent
application was filed before the signing of the agreement,
and directly within the scope of the work under the
agreement, for reasonable compensation when appropriate.
``(2) Exclusivity.--The Administrator shall ensure, through
such agreement, that the participating party has the option
to choose an exclusive license for a pre-negotiated field of
use for any such invention under the agreement or, if there
is more than 1 participating party, that the participating
parties are offered the option to hold licensing rights that
collectively encompass the rights that would be held under
such an exclusive license by one party.
``(3) Conditions.--In consideration for the Government's
contribution under the agreement, grants under this
subsection shall be subject to the following explicit
conditions:
``(A) A nonexclusive, nontransferable, irrevocable, paid-up
license from the participating party to the Administration to
practice the invention or have the invention practiced
throughout the world by or on behalf of the Government. In
the exercise of such license, the Government shall not
publicly disclose trade secrets or commercial or financial
information that is privileged or confidential within the
meaning of section 552 (b)(4) of title 5, United States Code,
or which would be considered as such if it had been obtained
from a non-Federal party.
``(B) If the Administration assigns title or grants an
exclusive license to such an invention, the Government shall
retain the right--
``(i) to require the participating party to grant to a
responsible applicant a nonexclusive, partially exclusive, or
exclusive license to use the invention in the applicant's
licensed field of use, on terms that are reasonable under the
circumstances; or
``(ii) if the participating party fails to grant such a
license, to grant the license itself.
``(C) The Government may exercise its right retained under
subparagraph (B) only in exceptional circumstances and only
if the Government determines that--
``(i) the action is necessary to meet health or safety
needs that are not reasonably satisfied by the participating
party;
``(ii) the action is necessary to meet requirements for
public use specified by Federal regulations, and such
requirements are not reasonably satisfied by the
participating party; or
``(iii) the action is necessary to comply with an agreement
containing provisions described in section 12(c)(4)(B) of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a(c)(4)(B)).
``(4) Appeal and review of determination.--A determination
under paragraph (3)(C) is subject to administrative appeal
and judicial review under section 203(b) of title 35, United
States Code.''.

SEC. 503. RETROCESSION OF JURISDICTION.

Title III of the National Aeronautics and Space Act of
1958, as amended by section 502 of this Act, is further
amended by adding at the end the following:

``SEC. 317. RETROCESSION OF JURISDICTION.

``Notwithstanding any other provision of law, the
Administrator may, whenever the Administrator considers it
desirable, relinquish to a State all or part of the
legislative jurisdiction of the United States over lands or
interests under the Administrator's control in that State.
Relinquishment of legislative jurisdiction under this section
may be accomplished (1) by filing with the Governor of the
State concerned a notice of relinquishment to take effect
upon acceptance thereof, or (2) as the laws of the State may
otherwise provide.''.

SEC. 504. RECOVERY AND DISPOSITION AUTHORITY.

Title III of the National Aeronautics and Space Act of
1958, as amended by section 603 of this Act, is further
amended by adding at the end the following:

``SEC. 318. RECOVERY AND DISPOSITION AUTHORITY.

``(a) In General.--
``(1) Control of remains.--Subject to paragraph (2), when
there is an accident or mishap resulting in the death of a
crewmember of a NASA human space flight vehicle, the
Administrator may take control over the remains of the
crewmember and order autopsies and other scientific or
medical tests.
``(2) Treatment.--Each crewmember shall provide the
Administrator with his or her preferences regarding the
treatment accorded to his or her remains and the
Administrator shall, to the extent possible, respect those
stated preferences.
``(b) Definitions.--In this section:
``(1) Crewmember.--The term `crewmember' means an astronaut
or other person assigned to a NASA human space flight
vehicle.
``(2) NASA human space flight vehicle.--The term `NASA
human space flight vehicle' means a space vehicle, as defined
in section 308(f)(1), that--
``(A) is intended to transport 1 or more persons;
``(B) designed to operate in outer space; and
``(C) is either owned by NASA, or owned by a NASA
contractor or cooperating party and operated as part of a
NASA mission or a joint mission with NASA.''.

SEC. 505. REQUIREMENT FOR INDEPENDENT COST ANALYSIS.

Section 301 of the National Aeronautics and Space
Administration Authorization Act of 2000 (42 U.S.C. 2459g)
amended--
(1) by striking ``Phase B'' in subsection (a) and inserting
``implementation'';
(2) by striking ``$150,000,000'' in subsection (a) and
inserting ``$250,000,000'';
(3) by striking ``Chief Financial Officer'' each place it
appears in subsection (a) and inserting ``Administrator'';
(4) by inserting ``and consider'' in subsection (a) after
``shall conduct''; and
(5) by striking subsection (b) and inserting the following:
``(b) Implementation Defined.--In this section, the term
`implementation' means all activity in the life cycle of a
program or project after preliminary design, independent
assessment of the preliminary design, and approval to proceed
into implementation, including critical design, development,
certification, launch, operations, disposal of assets, and,
for technology programs, development, testing, analysis and
communication of the results to the customers.''.

SEC. 506. ELECTRONIC ACCESS TO BUSINESS OPPORTUNITIES.

Title III of the National Aeronautics and Space Act of
1958, as amended by section 604 of this Act, is further
amended by adding at the end the following:

``SEC. 319. ELECTRONIC ACCESS TO BUSINESS OPPORTUNITIES.

``(a) In General.--The Administrator may implement a pilot
program providing for reduction in the waiting period between
publication of notice of a proposed contract action and
release of the solicitation for procurements conducted by the
National Aeronautics and Space Administration.
``(b) Applicability.--The program implemented under
subsection (a) shall apply to non-commercial acquisitions--
``(1) with a total value in excess of $100,000 but not more
than $5,000,000, including options;
``(2) that do not involve bundling of contract requirements
as defined in section 3(o) of the Small Business Act (15
U.S.C. 632(o)); and
``(3) for which a notice is required by section 8(e) of the
Small Business Act (15 U.S.C. 637(e)) and section 18(a) of
the Office of Federal Procurement Policy Act (41 U.S.C.
416(a)).
``(c) Notice.--
``(1) Notice of acquisitions subject to the program
authorized by this section shall be made accessible through
the single Government-wide point of entry designated in the
Federal Acquisition Regulation, consistent with section
30(c)(4) of the Office of Federal Procurement Policy Act (41
U.S.C. 426(c)(4)).
``(2) Providing access to notice in accordance with
paragraph (1) satisfies the publication requirements of
section 8(e) of the Small Business Act (15 U.S.C. 637(e)) and
section 18(a) of the Office of Federal Procurement Policy Act
(41 U.S.C. 416(a)).
``(d) Solicitation.--Solicitations subject to the program
authorized by this section shall be made accessible through
the Government-wide point of entry, consistent with
requirements set forth in the Federal Acquisition Regulation,
except for adjustments to the wait periods as provided in
subsection (e).
``(e) Wait Period.--
``(1) Whenever a notice required by section 8(e)(1)(A) of
the Small Business Act (15 U.S.C. 637(e)(1)(A)) and section
18(a) of the Office of Federal Procurement Policy Act (41
U.S.C. 416(a)) is made accessible in accordance with
subsection (c) of this section, the wait period set forth in
section 8(e)(3)(A) of the Small Business Act (15 U.S.C.
637(e)(3)(A)) and section 18(a)(3)(A) of the Office of
Federal Procurement Policy Act (41 U.S.C. 416(a)(3)(A)),
shall be reduced by 5 days. If the solicitation applying to
that notice is accessible electronically in accordance with
subsection (d) simultaneously with issuance of the notice,
the wait period set forth in section 8(e)(3)(A) of the Small
Business Act (15 U.S.C. 637(e)(3)(A)) and section 18(a)(3)(A)
of the Office of Federal Procurement Policy Act (41 U.S.C.
416(a)(3)(A)) shall not apply and the period specified in
section 8(e)(3)(B) of the Small Business Act and section
18(a)(3)(B) of the Office of Federal Procurement Policy Act
for submission of bids or proposals shall begin to run from
the date the solicitation is electronically accessible.
``(2) When a notice and solicitation are made accessible
simultaneously and the wait period is waived pursuant to
paragraph (1), the deadline for the submission of bids or
proposals shall be not less than 5 days greater than the
minimum deadline set forth in section 8(e)(3)(B) of the Small
Business Act (15 U.S.C. 637(e)(3)(B)) and section 18(a)(3)(B)
of the Office of Federal Procurement Policy Act (41 U.S.C.
416(a)(3)(B)).

[[Page S6932]]

``(f) Implementation.--
``(1) Nothing in this section shall be construed as
modifying regulatory requirements set forth in the Federal
Acquisition Regulation, except with respect to--
``(A) the applicable wait period between publication of
notice of a proposed contract action and release of the
solicitation; and
``(B) the deadline for submission of bids or proposals for
procurements conducted in accordance with the terms of this
pilot program.
``(2) This section shall not apply to the extent the
President determines it is inconsistent with any
international agreement to which the United States is a
party.
``(g) Study.--Within 18 months after the effective date of
the program, NASA, in coordination with the Small Business
Administration, the General Services Administration, and the
Office of Management and Budget, shall evaluate the impact of
the pilot program and submit to Congress a report that--
``(1) sets forth in detail the results of the test,
including the impact on competition and small business
participation; and
``(2) addresses whether the pilot program should be made
permanent, continued as a test program, or allowed to expire.
``(h) Regulations.--The Administrator shall publish
proposed revisions to the NASA Federal Acquisition Regulation
Supplement necessary to implement this section in the Federal
Register not later than 120 days after the date of enactment
of the National Aeronautics and Space Administration
Authorization Act of 2005. The Administrator shall--
``(1) make the proposed regulations available for public
comment for a period of not less than 60 days; and
``(2) publish final regulations in the Federal Register not
later than 240 days after the date of enactment of that Act.
``(i) Effective Date.--
``(1) In general.--The pilot program authorized by this
section shall take effect on the date specified in the final
regulations promulgated pursuant to subsection (h)(2).
``(2) Limitation.--The date so specified shall be no less
than 30 days after the date on which the final regulation is
published.
``(j) Expiration of Authority.--The authority to conduct
the pilot program under subsection (a) and to award contracts
under such program shall expire 2 years after the effective
date established in the final regulations published in the
Federal Register under subsection (h)(2).''.

SEC. 507. REPORTS ELIMINATION.

(a) Repeals.--The following provisions of law are repealed:
(1) Section 201 of the National Aeronautics and Space
Administration Authorization Act of 2000 (42 U.S.C. 2451
note).
(2) Section 304(d) of the Federal Aviation Administration
Research, Engineering, and Development Authorization Act of
1992 (49 U.S.C. 47508 note).
(3) Section 323 of the National Aeronautics and Space
Administration Authorization Act of 2000.
(b) Amendments.--
(1) Section 315 of the National Aeronautics and Space
Administration Act of 1958 (42 U.S.C. 2459j) is amended by
striking subsection (a) and redesignating subsections (b)
through (f) as subsections (a) through (e).
(2) Section 315(a) of the National Aeronautics and Space
Administration Authorization Act, Fiscal Year 1993 (42 U.S.C.
2487a(c)) is amended by striking subsection (c) and
redesignating subsection (d) as subsection (c).

Mr. NELSON of Florida. Mr. President, I am pleased to join Senator
Hutchison today in sponsoring a NASA Authorization Act that provides
policy guidance for keeping NASA on track to achieve their objectives;
and to ensure that there is a good balance between the different
activities that NASA performs.
As chair and ranking member of the Commerce Committee's Subcommittee
on Science and Space, Senator Hutchison and I believe that through this
bill, Congress can provide constructive support to the good work being
done by Administrator Michael Griffin, as they begin to implement the
President's vision and prepare NASA for the challenges of the future.
This is a 5-year bill, authorizing NASA from 2006 through 2010. It
authorizes NASA appropriations in excess of the President's Budget
Request.
For fiscal year 2006, the President requested $16.456 billion, which
is a 2.4 percent increase over the fiscal year 2005 NASA operating
budget. This bill authorizes $16.556 billion for fiscal year 2006,
which is a 3.0 percent increase over the fiscal year 2005 NASA
operating budget. This bill authorizes increases at a level of about 3
percent each year, consistently providing more funding than the
President's budget projection.
Like many of our colleagues, we believe that recent NASA budget
requests have been below the levels required for NASA to perform its
various missions effectively. Once this bill is enacted, we intend to
work with the Appropriations Committee to ensure that adequate funds
are provided for NASA to succeed.
This legislation authorizes NASA to return humans to the Moon, to
explore it, and to maintain a human presence on the Moon. Consistent
with the President's vision, it also requires using what we learn and
develop on the Moon as a stepping-stone to future exploration of Mars.
To carry out these missions, our bill requires NASA to develop an
implementation plan for the transition from shuttle to crew exploration
vehicle, CEV. The plan will help NASA to make a smooth transition from
retirement of the space shuttle orbiters to the replacement spacecraft
systems. The implementation plan will help make sure that we can keep
the skills and the focus that are needed to assure that each space
shuttle flight is safe through retirement of the orbiters, and to
retain those personnel needed for the CEV and heavy lift cargo
spacecraft.
It is essential to our national security that we prevent any hiatus
or gap in which the United States cannot send astronauts to space
without relying on a foreign country. The Russians have been good
partners in construction of the international space station, and the
Soyuz spacecraft has been a reliable vehicle for our astronauts. But
with all of the uncertainties in our relationship with Russia, we
simply cannot allow ourselves the vulnerability of being totally
dependent on the Soyuz. We need to maintain assured access to space by
U.S. astronauts on a continuous basis. We therefore require in this
legislation, that there not be a hiatus between the retirement of the
space shuttle orbiters and the availability of the next generation U.S.
human-rated spacecraft.
We recognize that NASA has some concerns regarding our position on a
hiatus, and we are aware of Dr. Griffin's efforts to reduce the
potential for a gap. We will work with NASA as this legislation moves
forward to ensure that a compromise is reached that is mutually
satisfying. This provision does not unduly tie the Administrator's
hands, while still guaranteeing us assured access to space.
Our bill directs NASA to plan for and consider a Hubble servicing
mission after the 2 space shuttle return to flight missions have been
completed.
Americans are inspired by the images that Hubble produces. The new
instruments to be added during the SM-4 Hubble servicing mission will
produce higher quality images; enable us to see further into space; and
give scientists a better understanding of our Universe's past, and
perhaps of our future. The replacement gyroscopes and batteries that
are planned for the mission will extend Hubble's life by 5 or more
years.
This NASA authorization bill calls for utilization of the
international space station for basic science as well as exploration
science. It is important that we reap the benefits of our multi-billion
dollar investment in the space station. The promise of some basic
science research requires a microgravity or a space environment for us
to better understand the problem that we are trying to solve. This bill
ensures that NASA will maintain a focus on the importance of basic
science.
This bill directs NASA to improve its safety culture. According to
the Columbia Accident Investigation Board, CAIB, report, the safety
culture at NASA was as much a cause of the Columbia tragedy as the
physical cause. Low and mid-level personnel felt that you could not
elevate safety concerns without reprisals, or being ignored. NASA has
already taken significant steps to address these problems, but we need
to assure that the safety culture improves as quickly as possible and
that it continues to improve.
This legislation proposes that the Aerospace Safety Advisory Panel
monitor and measure NASA's improvements to their safety culture,
including employees' fear of reprisals for voicing concerns about
safety.
It also contains policy regarding NASA's need to consider and
implement lessons learned, in order to avoid another preventable
tragedy like the Challenger and Columbia disasters.
This authorization bill addresses NASA aeronautics and America's pre-
eminence in aviation. The Europeans have stated their intent to
dominate the airplane market by 2020. This bill

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directs the President, through the Director of the Office of Science
and Technology Policy, OSTP, to work with NASA and other Federal
agencies to develop a national policy for aeronautics. It also directs
NASA to evaluate its core aeronautics research.
Many people do not realize that NASA does research for improving
airplanes. NASA conducts research that makes airplanes safer, quieter,
more fuel efficient, and less polluting. This important function of
NASA needs to be continued and further developed.
Senator Hutchison and I expect to mark this bill up in the Commerce
Committee later this week, and hope to have time to consider it on the
floor before the August recess. I will urge all of my colleagues to
support this important legislation. NASA has a new direction, and they
have outstanding new leadership in Dr. Griffin.
We have an opportunity to authorize NASA for: implementing the Vision
for Space Exploration; renewing our commitment to U.S. aviation and
NASA aeronautics research; retaining or resurrecting very important
science activities at NASA; and assuring that America has continuous
human access to space.
By doing so, we will continue to advance our national security,
strengthen our economy, inspire the next generation of explorers, and
fulfill our destiny as explorers.
______

By Mrs. CLINTON (for herself, Mr. Warner, Ms. Mikulski, Mr.
Smith, Mr. Kennedy, Ms. Collins, Mr. Jeffords, Mr. Bond, Mrs.
Murray, Mr. Cochran, Mrs. Boxer, Ms. Snowe, Mr. Kerry, Mr.
Talent, Mr. Nelson of Nebraska, Mr. Coleman, Mr. Durbin, and
Mr. Hagel):
S. 1283. A bill to amend the Public Health Service Act to establish a
program to assist family caregivers in accessing affordable and high-
quality respite care, and for other purposes; to the Committee on
Health, Education, Labor, and Pensions.
Mrs. CLINTON. Mr. President, I am proud to reintroduce the Lifespan
Respite Care Act of 2005 today with my colleague Senator John Warner.
I'd like to express my sincere thanks to Senator Warner for his
leadership on this legislation which would make much needed quality
respite care available and accessible to families and family caregivers
in need.
Caregiving needs do not discriminate: they demand the time and
resources of millions of American families from all socioeconomic,
ethnic, and educational backgrounds.
Caregivers today provide an enormous portion of our health and long-
term care for older adults and individuals with disabilities. Although
much of family caregiving is unpaid, it is not without cost. In fact,
it is estimated that if services provided by family caregivers were
provided instead by paid professionals, they would cost over $200
billion annually. In addition, food, medicines and other caregiving
necessities place added strain on already tight family budgets.
Because of their responsibilities at home, it is much more difficult
for caregivers to find or maintain jobs. Many caregiving families are
struggling to stay afloat. We simply cannot afford to continue to
ignore their struggles.
In addition to the financial costs of family caregiving, this labor
of love often results in substantial physical and psychological
hardship. Research suggests that caregivers often put their own health
and well being at risk while assisting loved ones. Meeting these
difficult demands can lead to depression, physical illness, anxiety,
and emotional strain.
One way to reduce the burden of caregiving is through respite care.
As you know, respite care is a service that temporarily relieves a
family member of his or her caregiving duties.
Respite care provides some much needed relief from the daily demands
of caregiving for a few hours or a few days. These welcome breaks help
protect the physical and mental health of the family caregiver, making
it possible for the individual in need of care to remain in the home.
Unfortunately, across our country quality respite care remains hard
to find, and too many caregivers do not even know how to find
information about available services. Where community respite care
services do exist, there are often long waiting lists. There are more
caregivers in need of respite care than there are available respite
care resources.
And many caregiving families are hesitant to take advantage of these
scant resources. Parents and spouses and other family caregivers are
understandably hesitant to leave their loved ones with untrained staff.
In an effort to recognize and support the heroic efforts of our
family caregivers, my husband signed the National Family Caregiver
Support Program into law as an amendments to the reauthorization of the
Older Americans Act in 2000.
Prior to the establishment of this program, there was no
comprehensive Federal program that supported family caregivers.
Although the National Family Caregiver Support Program took a step in
the right direction, further efforts are now necessary to meet the
increasing needs of family caregivers.
That is why I am reintroducing the Lifespan Respite Care Act today
with Senator John Warner. This legislation would improve efficiency and
reduce duplication in respite service development and delivery. And it
would make quality respite care available and accessible to families
and family caregivers, regardless of their Medicaid status, disability,
or age. It would assure that quality respite care is available for all
caregivers who provide this labor of love to individuals across the
lifespan.
My legislation picks up where the National Family Caregiver Support
Program leaves off, by recognizing respite as a priority for caregivers
and elevating respite as a policy priority at the Federal and State
levels.
This bill would provide grants to develop a coordinated system of
respite care services for family caregivers of individuals with special
needs regardless of age. Funds could also be used to increase respite
care services or to train respite care workers or volunteers.
There is much to do at the local, State, and Federal levels to
address the growing needs of family caregivers. It is time that we make
caregiving a national priority and provide the support that our family
caregivers so desperately need.
I would like to thank my Senate colleagues for their support of this
legislation which passed the Senate last Congress. I look forward to
working with you all to improve the lives of our family caregivers, and
those for whom they care.
______

By Mrs. BOXER (for herself and Mrs. Feinstein):
S. 1284. A bill to designate the John L. Burton Trail in the
Headwaters Forest Reserve, California; to the Committee on Energy and
Natural Resources.
Mrs. BOXER. Mr. President, I am honored to introduce today a bill--
cosponsored by Senator Feinstein--to designate a trail in the
Headwaters Forest Reserve in California after John L. Burton, one of
California's great public servants. The entire California Democratic
delegation in the House, led by Representative George Miller,
introduced the same bill last week.
John served honorably in the United States House of Representatives
in the early 1980s and in the California State Assembly, before being
elected to the California State Senate. There, in 1998, his colleagues
elected him as the California Senate's President Pro Tem. John devoted
his career to the service of all Californians, and for that, we honor
him with this legislation.
Designating this particular trail is a fitting tribute because a few
years ago, John was instrumental in protecting the pristine and
invaluable land that is now known as the Headwaters Forest Reserve.
Comprised of more than 7,000 acres of ancient redwoods, many of which
are over 2,000 years old and 300 feet high, the Reserve was saved from
potentially devastating logging in 1999. Numerous plant species and
wildlife, including the Marbled Murrelet, dwell in this Reserve. The
Reserve also protects rivers and streams that provide habitat essential
for threatened salmon.
For his service to the people of California and his essential role in
protecting a priceless parcel of California land, I am proud to
introduce the John

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L. Burton Trail Act. Through this small action, we recognize and honor
a great man and his great work.

____________________