[Congressional Record Volume 151, Number 83 (Tuesday, June 21, 2005)]
[Senate]
[Pages S6919-S6925]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      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.
                                 ______