[Congressional Record Volume 151, Number 139 (Thursday, October 27, 2005)]
[Senate]
[Pages S12030-S12036]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 COAST GUARD AUTHORIZATION ACT OF 2005

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 185, S. 1280, 
the Coast Guard authorization bill.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 1280) to authorize appropriations for fiscal 
     years 2006 and 2007 for the United States Coast Guard, and 
     for other purposes.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Commerce, Science and 
Transportation, with amendments.

                                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.

[[Page S12031]]

Sec. 203. Icebreakers.
Sec. 204. Cooperative agreements.
Sec. 205. Pilot program for dockside no fault/no cost safety and 
              survivability examinations for uninspected commercial 
              fishing vessels.
Sec. 206. Reports from mortgagees of vessels.
Sec. 207. International training and technical assistance.
Sec. 208. Reference to Trust Territory of the Pacific Islands.
Sec. 209. Bio-diesel feasibility study.
Sec. 210. Certification of vessel nationality in drug smuggling cases.
Sec. 211. Jones Act waivers.
Sec. 212. Deepwater oversight.
Sec. 213. Deepwater report.
Sec. 214. LORAN-C.
Sec. 215. Long-range vessel tracking system.
Sec. 216. Marine vessel and cold water safety education.
Sec. 217. Suction anchors.

        TITLE III--UNITED STATES OCEAN COMMISSION IMPLEMENTATION

Sec. 301. Place of refuge.
Sec. 302. Implementation of international agreements.
Sec. 303. Voluntary measures for reducing pollution from recreational 
              boats.
Sec. 304. Integration of vessel monitoring system data.
Sec. 305. Foreign fishing incursions.

  TITLE IV--COAST GUARD PERSONNEL, FINANCIAL, AND PROPERTY MANAGEMENT

Sec. 401. Reserve officer distribution.
Sec. 402. Coast Guard band director.
Sec. 403. Reserve recall authority.
Sec. 404. Expansion of equipment used by auxiliary to support Coast 
              Guard missions.
Sec. 405. Authority for one-step turnkey design-build contracting.
Sec. 406. Officer promotions.
Sec. 407. Redesignation of Coast Guard law specialists as judge 
              advocates.
Sec. 408. Boating safety director.
Sec. 409. Hangar at Coast Guard air station at Barbers Point.
Sec. 410. Promotion of Coast Guard officers.

              TITLE V--TECHNICAL AND CONFORMING AMENDMENTS

Sec. 501. Government organization.
Sec. 502. War and national defense.
Sec. 503. Financial management.
Sec. 504. Public contracts.
Sec. 505. Public printing and documents.
Sec. 506. Shipping.
Sec. 507. Transportation.
Sec. 508. Mortgage insurance.
Sec. 509. Arctic research.
Sec. 510. Conservation.
Sec. 511. Conforming amendment.
Sec. 512. Anchorage grounds.
Sec. 513. Bridges.
Sec. 514. Lighthouses.
Sec. 515. Oil pollution.
Sec. 516. Medical care.
Sec. 517. Conforming amendment to Social Security Act.
Sec. 518. Shipping.
Sec. 519. Nontank vessels.
Sec. 520. Drug interdiction report.
Sec. 521. Acts of terrorism report.

                       TITLE VI--EFFECTIVE DATES

Sec. 601. Effective dates.

                         TITLE I--AUTHORIZATION

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       (a) There are authorized to be appropriated for fiscal year 
     2006 to the Secretary of the department in which the Coast 
     Guard is operating the following amounts:
       (1) For the operation and maintenance of the Coast Guard 
     $5,594,900,000, of which $24,500,000 is authorized to be 
     derived from the Oil Spill Liability Trust Fund to carry out 
     the purposes of section 1012(a)(5) of the Oil Pollution Act 
     of 1990 (33 U.S.C. 2712(a)(5)).
       (2) For the acquisition, construction, renovation, and 
     improvement of aids to navigation, shore and offshore 
     facilities, vessels, and aircraft, including equipment 
     related thereto, $1,424,852,000, to remain available until 
     expended, of which--
       (A) $20,000,000 shall be derived from the Oil Spill 
     Liability Trust Fund to carry out the purposes of section 
     1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 
     2712(a)(5)); and
       (B) $1,100,000,000 is authorized for acquisition and 
     construction of shore and offshore facilities, vessels, and 
     aircraft, including equipment related thereto, and other 
     activities that constitute the Integrated Deepwater Systems.
       (3) For the use of the Commandant of the Coast Guard for 
     research, development, test, and evaluation of technologies, 
     materials, and human factors directly relating to improving 
     the performance of the Coast Guard's mission in search and 
     rescue, aids to navigation, marine safety, marine 
     environmental protection, enforcement of laws and treaties, 
     ice operations, oceanographic research, and defense 
     readiness, $24,000,000, to remain available until expended, 
     of which $3,500,000 shall be derived from the Oil Spill 
     Liability Trust Fund to carry out the purposes of section 
     1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 
     2712(a)(5)).
       (4) For retired pay (including the payment of obligations 
     otherwise chargeable to lapsed appropriations for this 
     purpose), payments under the Retired Serviceman's Family 
     Protection and Survivor Benefit Plans, and payments for 
     medical care of retired personnel and their dependents under 
     chapter 55 of title 10, United States Code, $1,014,080,000, 
     to remain available until expended.
       (5) For alteration or removal of bridges over navigable 
     waters of the United States constituting obstructions to 
     navigation, and for personnel and administrative costs 
     associated with the Bridge Alteration Program, $17,400,000, 
     of which $2,500,000, to remain available until expended, may 
     be utilized for construction of a new Chelsea Street Bridge 
     over the Chelsea River in Boston, Massachusetts.
       (6) For environmental compliance and restoration 
     $12,000,000, to remain available until expended for 
     environmental compliance and restoration functions under 
     chapter 19 of title 14, United States Code.
       (7) For operation and maintenance of the Coast Guard 
     reserve program, $119,000,000.
       (b) There are authorized to be appropriated for fiscal year 
     2007 to the Secretary of the department in which the Coast 
     Guard is operating the following amounts:
       (1) For the operation and maintenance of the Coast Guard 
     $6,042,492,000, of which $24,500,000 is authorized to be 
     derived from the Oil Spill Liability Trust Fund to carry out 
     the purposes of section 1012(a)(5) of the Oil Pollution Act 
     of 1990 (33 U.S.C. 2712(a)(5)).
       (2) For the acquisition, construction, renovation, and 
     improvement of aids to navigation, shore and offshore 
     facilities, vessels, and aircraft, including equipment 
     related thereto, $1,538,840,160, to remain available until 
     expended, of which--
       (A) $20,000,000 shall be derived from the Oil Spill 
     Liability Trust Fund to carry out the purposes of section 
     1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 
     2712(a)(5)); and
       (B) $1,188,000,000 is authorized for acquisition and 
     construction of shore and offshore facilities, vessels, and 
     aircraft, including equipment related thereto, and other 
     activities that constitute the Integrated Deepwater Systems.
       (3) For the use of the Commandant of the Coast Guard for 
     research, development, test, and evaluation of technologies, 
     materials, and human factors directly relating to improving 
     the performance of the Coast Guard's mission in search and 
     rescue, aids to navigation, marine safety, marine 
     environmental protection, enforcement of laws and treaties, 
     ice operations, oceanographic research, and defense 
     readiness, $25,920,000, to remain available until expended, 
     of which $3,500,000 shall be derived from the Oil Spill 
     Liability Trust Fund to carry out the purposes of section 
     1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 
     2712(a)(5)).
       (4) For retired pay (including the payment of obligations 
     otherwise chargeable to lapsed appropriations for this 
     purpose), payments under the Retired Serviceman's Family 
     Protection and Survivor Benefit Plans, and payments for 
     medical care of retired personnel and their dependents under 
     chapter 55 of title 10, United States Code, $1,095,206,400, 
     to remain available until expended.
       (5) For alteration or removal of bridges over navigable 
     waters of the United States constituting obstructions to 
     navigation, and for personnel and administrative costs 
     associated with the Bridge Alteration Program, $18,792,000, 
     of which $2,500,000, to remain available until expended, may 
     be utilized for construction of a new Chelsea Street Bridge 
     over the Chelsea River in Boston, Massachusetts.
       (6) For environmental compliance and restoration 
     $12,960,000, to remain available until expended for 
     environmental compliance and restoration functions under 
     chapter 19 of title 14, United States Code.
       (7) For operation and maintenance of the Coast Guard 
     reserve program, $128,520,000.

     SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND 
                   TRAINING.

       (a) Active Duty Strength.--The Coast Guard is authorized an 
     end-of-year strength of active duty personnel of 45,500 as of 
     September 30, 2006.
       (b) Military Training Student Loads.--For fiscal year 2006, 
     the Coast Guard is authorized average military training 
     student loads as follows:
       (1) For recruit and special training, 2,500 student years.
       (2) For flight training, 125 student years.
       (3) For professional training in military and civilian 
     institutions, 350 student years.
       (4) For officer acquisition, 1,200 student years.

     SEC. 103. WEB-BASED RISK MANAGEMENT DATA SYSTEM.

       There are authorized to be appropriated for fiscal year 
     2006 to the Secretary of the department in which the Coast 
     Guard is operating $1,000,000 to continue deployment of a 
     web-based risk management system to help reduce accidents and 
     fatalities.

      TITLE II--HOMELAND SECURITY, MARINE SAFETY, FISHERIES, AND 
                        ENVIRONMENTAL PROTECTION

     SEC. 201. EXTENSION OF COAST GUARD VESSEL ANCHORAGE AND 
                   MOVEMENT AUTHORITY.

       Section 91 of title 14, United States Code, is amended by 
     adding at the end the following:
       ``(d) As used in this section, the term `navigable waters 
     of the United States' includes all waters of the territorial 
     sea of the United States as described in Presidential 
     Proclamation No. 5928 of December 27, 1988.''.

     SEC. 202. ENHANCED CIVIL PENALTIES FOR VIOLATIONS OF THE 
                   MARITIME TRANSPORTATION SECURITY ACT.

       The second section enumerated 70119 of title 46, United 
     States Code, is amended--

[[Page S12032]]

       (1) by inserting ``(a) In General.--'' before ``Any''; and
       (2) by adding at the end the following:
       ``(b) Continuing Violations.--Each day of a continuing 
     violation shall constitute a separate violation, with a total 
     fine per violation not to exceed--
       ``(1) for violations occurring during fiscal year 2006, 
     $50,000;
       ``(2) for violations occurring during fiscal year 2007, 
     $75,000; and
       ``(3) for violations occurring after fiscal year 2007, 
     $100,000.
       ``(c) Determination of Amount.--In determining the amount 
     of the penalty, the Secretary shall take into account the 
     nature, circumstances, extent, and gravity of the violation 
     committed and, with respect to the violator, the degree of 
     culpability, history of prior offenses, ability to pay, and 
     such other matters as justice may require.
       ``(d) Compromise, Modification, and Remittal.--The 
     Secretary may compromise, modify, or remit, with or without 
     conditions, any civil penalty imposed under this section.''.

     SEC. 203. ICEBREAKERS.

       (a) In General.--The Secretary of the department in which 
     the Coast Guard is operating shall take all necessary 
     measures--
       (1) to ensure that the Coast Guard maintains, at a minimum, 
     its current vessel capacity for carrying out ice-breaking in 
     the Arctic and Antarctic regions, including the necessary 
     funding for operation and maintenance of such vessels; and
       (2) for the long-term recapitalization of these assets.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated for fiscal year 2006 to the Secretary of 
     the department in which the Coast Guard is operating 
     $100,000,000 to carry out this section.

     SEC. 204. COOPERATIVE AGREEMENTS.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary of the department in which the Coast Guard 
     is operating shall provide a report to the Senate Committee 
     on Commerce, Science, and Transportation and the House of 
     Representatives Committee on Transportation and 
     Infrastructure on opportunities for and the feasibility of 
     co-locating Coast Guard assets and personnel at facilities of 
     other Armed Services branches throughout the United States. 
     The report shall--
       (1) identify the locations of possible sites;
       (2) identify opportunities for cooperative agreements that 
     may be established between the Coast Guard and such 
     facilities with respect to maritime security and other Coast 
     Guard missions; and
       (3) analyze anticipated costs and benefits associated with 
     each site and such agreements.

     SEC. 205. PILOT PROGRAM FOR DOCKSIDE NO FAULT/NO COST SAFETY 
                   AND SURVIVABILITY EXAMINATIONS FOR UNINSPECTED 
                   COMMERCIAL FISHING VESSELS.

       (a) Pilot Program.--The Secretary shall conduct a pilot 
     program to determine the effectiveness of mandatory dockside 
     crew survivability examinations of uninspected United States 
     commercial fishing vessels in reducing the number of 
     fatalities and amount of property losses in the United States 
     commercial fishing industry.
       (b) Definitions.--In this section:
       (1) Dockside crew survivability examination.--The term 
     ``dockside crew survivability examination'' means an 
     examination by a Coast Guard representative of an uninspected 
     fishing vessel and its crew at the dock or pier that 
     includes--
       (A) identification and examination of safety and survival 
     equipment required by law for that vessel;
       (B) identification and examination of the vessel stability 
     standards applicable by law to that vessel; and
       (C) identification and observation of--
       (i) proper crew training on the vessel's safety and 
     survival equipment; and
       (ii) the crew's familiarity with vessel stability and 
     emergency procedures designed to save life at sea and avoid 
     loss or damage to the vessel.
       (2) Coast guard representative.--The term ``Coast Guard 
     representative'' means a Coast Guard member, civilian 
     employee, Coast Guard Auxiliarist, or person employed by an 
     organization accepted or approved by the Coast Guard to 
     examine commercial fishing industry vessels.
       (3) Uninspected fishing vessel.--The term ``uninspected 
     fishing vessel'' means a vessel, not including fish 
     processing vessels or fish tender vessels (as defined in 
     section 2101 of title 46, United States Code), that 
     commercially engages in the catching, taking, or harvesting 
     of fish or an activity that can reasonably be expected to 
     result in the catching, taking, or harvesting of fish.
       (c) Scope of Pilot Program.--The pilot program shall be 
     conducted--
       (1) in at least 5, but no more than 10, major United States 
     fishing ports where Coast Guard statistics reveal a high 
     number of fatalities on uninspected fishing vessels within 
     the 4 fiscal year period beginning with fiscal year 2000, but 
     shall not be conducted in Coast Guard districts where a 
     fishing vessel safety program already exists;
       (2) for a period of 5 calendar years following the date of 
     the enactment of this Act;
       (3) in consultation with those organizations and persons 
     identified by the Secretary as directly affected by the pilot 
     program;
       (4) as a non-fee service to those persons identified in 
     paragraph (3) above;
       (5) without a civil penalty for any discrepancies 
     identified during the dockside crew survivability 
     examination; and
       (6) to gather data identified by the Secretary as necessary 
     to conclude whether dockside crew survivability examinations 
     reduce fatalities and property losses in the fishing 
     industry.
       (d) Report.--Not later than 180 days after end of the third 
     year of the pilot program, the Secretary shall submit a 
     report to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Transportation and Infrastructure on the results of the pilot 
     program. The report shall include--
       (1) an assessment of the costs and benefits of the pilot 
     program including costs to the industry and lives and 
     property saved as a result of the pilot program;
       (2) an assessment of the costs and benefits to the United 
     States Government of the pilot program including operational 
     savings such as personnel, maintenance, etc., from reduced 
     search and rescue or other operations; and
       (3) any other findings and conclusions of the Secretary 
     with respect to the pilot program.

     SEC. 206. REPORTS FROM MORTGAGEES OF VESSELS.

       Section 12120 of title 46, United States Code, is amended 
     by striking ``owners, masters, and charterers'' and inserting 
     ``owners, masters, charterers, and mortgagees''.

     SEC. 207. INTERNATIONAL TRAINING AND TECHNICAL ASSISTANCE.

       (a) In General.--Section 149 of title 14, United States 
     Code, is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``Sec. 149. Assistance to foreign governments and maritime 
       authorities'';

       (2) by inserting ``(a) Detail of Members To Assist Foreign 
     Governments.--'' before ``The President''; and
       (3) by adding at the end the following:
       ``(b) Technical Assistance to Foreign Maritime 
     Authorities.--The Commandant, in coordination with the 
     Secretary of State, may, in conjunction with regular Coast 
     Guard operations, provide technical assistance, including law 
     enforcement and maritime safety and security training, to 
     foreign navies, coast guards, and other maritime 
     authorities.''.
       (b) Clerical Amendment.--The chapter analysis for chapter 7 
     of title 14, United States Code, is amended by striking the 
     item relating to section 149 and inserting the following:

``149. Assistance to Foreign Governments and Maritime Authorities.''.

     SEC. 208. REFERENCE TO TRUST TERRITORY OF THE PACIFIC 
                   ISLANDS.

       Section 2102(a) of title 46, United States Code, is 
     amended--
       (1) by striking ``37, 43, 51, and 123'' and inserting ``43, 
     51, 61, and 123'';
       (2) by striking paragraph (2); and
       (3) by redesignating paragraph (3) as paragraph (2).

     SEC. 209. BIO-DIESEL FEASIBILITY STUDY.

       (a) Study.--The Secretary of the department in which the 
     Coast Guard is operating shall conduct a study that examines 
     the technical feasibility, costs, and potential cost savings 
     of using bio-diesel fuel in new and existing Coast Guard 
     vehicles and vessels, and which focuses on the use of bio-
     diesel fuel in ports which have a high-density of vessel 
     traffic, including ports for which vessel traffic systems 
     have been established.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of the department in 
     which the Coast Guard is operating shall transmit a report 
     containing the findings, conclusions, and recommendations (if 
     any) from the study to the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Transportation and Infrastructure.

     SEC. 210. CERTIFICATION OF VESSEL NATIONALITY IN DRUG 
                   SMUGGLING CASES.

       Section 3(c)(2) of the Maritime Drug Law Enforcement Act 
     (46 U.S.C. App. 1903(c)(2)) is amended by striking the last 
     sentence and inserting ``The response of a foreign nation to 
     a claim of registry under subparagraph (A) or (C) may be made 
     by radio, telephone, or similar oral or electronic means, and 
     is conclusively proved by certification of the Secretary of 
     State or the Secretary's designee.''.

     SEC. 211. JONES ACT WAIVERS.

       Notwithstanding section 27 of the Merchant Marine Act, 1920 
     (46 U.S.C. App. 883), a vessel that was not built in the 
     United States may transport fish or shellfish within the 
     coastal waters of the State of Maine if the vessel--
       (1) meets the other requirements of section 27 of the 
     Merchant Marine Act, 1920 (46 U.S.C. App. 883) and section 2 
     of the Shipping Act, 1916 (46 U.S.C. App. 802) for engaging 
     in the coastwise trade;
       (2) is ineligible for documentation under chapter 121 of 
     title 46, United States Code, because it measures less than 5 
     net tons;
       (3) has transported fish or shellfish within the coastal 
     waters of the State of Maine prior to December 31, 2004; and
       (4) has not undergone a transfer of ownership after 
     December 31, 2004.

     SEC. 212. DEEPWATER OVERSIGHT.

       No later than 90 days after the date of enactment of this 
     Act, the Coast Guard, in consultation with Government 
     Accountability

[[Page S12033]]

     Office, shall provide a report to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Transportation and 
     Infrastructure on--
       (1) the status of the Coast Guard's implementation of 
     Government Accountability Office's recommendations in its 
     report, GAO-04-380, ``Coast Guard Deepwater Program Needs 
     Increased Attention to Management and Contractor Oversight''; 
     and
       (2) the dates by which the Coast Guard plans to fully 
     implement such recommendations if any remain open as of the 
     date the report is transmitted to the Committees.

     SEC. 213. DEEPWATER REPORT.

       The Secretary of Homeland Security shall submit to the 
     Congress, in conjunction with the transmittal by the 
     President of the Budget of the United States for Fiscal Year 
     2007, a revised Deepwater baseline that includes--
       (1) a justification for the projected number and 
     capabilities of each asset (including the ability of each 
     asset to meet service performance goals);
       (2) an accelerated acquisition timeline that reflects 
     project completion in 10 years and 15 years (included in this 
     timeline shall be the amount of assets procured during each 
     year of the accelerated program);
       (3) the required funding for each accelerated acquisition 
     timeline that reflects project completion in 10 years and 15 
     years;
       (4) anticipated costs associated with legacy asset 
     sustainment for each accelerated acquisition timeline that 
     reflects project completion in 10 years and 15 years;
       (5) anticipated mission deficiencies, if any, associated 
     with the continued degradation of legacy assets in 
     combination with the procurement of new assets within each 
     accelerated acquisition timeline that reflects project 
     completion in 10 years and 15 years;
       (6) a comparison of the amount of required assets in the 
     current baseline to the amount of required assets according 
     to the Coast Guard's Performance Gap Analysis Study; and
       (7) an evaluation of the overall feasibility of achieving 
     each accelerated acquisition timeline (including contractor 
     capacity, national shipbuilding capacity, asset integration 
     into Coast Guard facilities, required personnel, training 
     infrastructure capacity on technology associated with new 
     assets).

     SEC. 214. LORAN-C.

       There are authorized to be appropriated to the Department 
     of Transportation, in addition to funds authorized for the 
     Coast Guard for operation of the LORAN-C system, for capital 
     expenses related to LORAN-C navigation infrastructure, 
     $25,000,000 for fiscal year 2006 and $25,000,000 for fiscal 
     year 2007. The Secretary of Transportation may transfer from 
     the Federal Aviation Administration and other agencies of the 
     Department funds appropriated as authorized under this 
     section in order to reimburse the Coast Guard for related 
     expenses.

     SEC. 215. LONG-RANGE VESSEL TRACKING SYSTEM.

       (a) Pilot Project.--The Secretary of the department in 
     which the Coast Guard is operating, acting through the 
     Commandant of the Coast Guard, shall conduct a pilot program 
     for long range tracking of up to 2,000 vessels using 
     satellite systems with an existing nonprofit maritime 
     organization that has a demonstrated capability of operating 
     a variety of satellite communications systems providing data 
     to vessel tracking software and hardware that provides long 
     range vessel information to the Coast Guard to aid maritime 
     security and response to maritime emergencies.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of the department in 
     which the Coast Guard is operating $4,000,000 for each of 
     fiscal years 2006, 2007, and 2008 to carry out subsection 
     (a).

     SEC. 216. MARINE VESSEL AND COLD WATER SAFETY EDUCATION.

       The Coast Guard shall continue cooperative agreements and 
     partnerships with organizations in effect on the date of 
     enactment of this Act that provide marine vessel safety 
     training and cold water immersion education and outreach 
     programs for fishermen and children.

     SEC. 217. SUCTION ANCHORS.

       Section 12105 of title 46, United States Code, is amended 
     by adding at the end the following:
       ``(c) No vessel without a registry or coastwise endorsement 
     may engage in the movement of anchors or other mooring 
     equipment from one point over or on the United States outer 
     Continental Shelf to another such point in connection with 
     exploring for, developing, or producing resources from the 
     outer Continental Shelf.''.

        TITLE III--UNITED STATES OCEAN COMMISSION IMPLEMENTATION

     SEC. 301. PLACE OF REFUGE.

       (a) In General.--Within 12 months after the date of 
     enactment of this Act, the United States Coast Guard, working 
     with hazardous spill response agencies, marine salvage 
     companies, State and local law enforcement and marine 
     agencies, and other Federal agencies including the National 
     Oceanic and Atmospheric Administration and the Environmental 
     Protection Agency, shall, in accordance with the 
     recommendations of the United States Commission on Ocean 
     Policy in its final report, develop a comprehensive and 
     effective process for determining whether and under what 
     circumstances damaged vessels may seek a place of refuge in 
     the United States suitable to the specific nature of distress 
     each vessel is experiencing.
       (b) Report.--The Commandant of the Coast Guard shall 
     transmit a report annually to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Transportation and 
     Infrastructure describing the process established and any 
     cases in which a vessel was provided with a place of refuge 
     in the preceding year.
       (c) Place of Refuge Defined.--In this section, the term 
     ``place of refuge'' means a place where a ship in need of 
     assistance can take action to enable it to stabilize its 
     condition and reduce the hazards to navigation and to protect 
     human life and the environment.

     SEC. 302. IMPLEMENTATION OF INTERNATIONAL AGREEMENTS.

       The Secretary of the department in which the Coast Guard is 
     operating shall, in consultation with appropriate Federal 
     agencies, work with the responsible officials and agencies of 
     other Nations to accelerate efforts at the International 
     Maritime Organization to enhance flag State oversight and 
     enforcement of security, environmental, and other agreements 
     adopted within the International Maritime Organization, 
     including implementation of--
       (1) a code outlining flag State responsibilities and 
     obligations;
       (2) an audit regime for evaluating flag State performance;
       (3) measures to ensure that responsible organizations, 
     acting on behalf of flag States, meet established performance 
     standards; and
       (4) cooperative arrangements to improve enforcement on a 
     bilateral, regional or international basis.

     SEC. 303. VOLUNTARY MEASURES FOR REDUCING POLLUTION FROM 
                   RECREATIONAL BOATS.

       The Secretary of the department in which the Coast Guard is 
     operating shall, in consultation with appropriate Federal, 
     State, and local government agencies, undertake outreach 
     programs for educating the owners and operators of boats 
     using two-stroke engines about the pollution associated with 
     such engines, and shall support voluntary programs to reduce 
     such pollution and that encourage the early replacement of 
     older two-stroke engines.

     SEC. 304. INTEGRATION OF VESSEL MONITORING SYSTEM DATA.

       The Secretary of the department in which the Coast Guard is 
     operating shall integrate vessel monitoring system data into 
     its maritime operations databases for the purpose of 
     improving monitoring and enforcement of Federal fisheries 
     laws, and shall work with the Undersecretary of Commerce for 
     Oceans and Atmosphere to ensure effective use of such data 
     for monitoring and enforcement.

     SEC. 305. FOREIGN FISHING INCURSIONS.

       (a) In General.--No later than 180 days after the date of 
     enactment of this Act, the Secretary of the department in 
     which the Coast Guard is operating shall provide a report to 
     the Senate Committee on Commerce, Science, and Transportation 
     and the House of Representatives Committee on Transportation 
     and Infrastructure on steps that the Coast Guard will take to 
     significantly improve the Coast Guard's detection and 
     interdiction of illegal incursions into the United States 
     exclusive economic zone by foreign fishing vessels.
       (b) Specific Issues To Be Addressed.--The report shall--
       (1) focus on areas in the exclusive economic zone where the 
     Coast Guard has failed to detect or interdict such incursions 
     in the 4 fiscal year period beginning with fiscal year 2000, 
     including the Western/Central Pacific; and
       (2) include an evaluation of the potential use of unmanned 
     aircraft and offshore platforms for detecting or interdicting 
     such incursions.
       (c) Biennial Updates.--The Secretary shall provide biannual 
     reports updating the Coast Guard's progress in detecting or 
     interdicting such incursions to the Senate Commerce, Science, 
     and Transportation and the House of Representatives Committee 
     on Transportation and Infrastructure.

  TITLE IV--COAST GUARD PERSONNEL, FINANCIAL, AND PROPERTY MANAGEMENT

     SEC. 401. RESERVE OFFICER DISTRIBUTION.

       Section 724 of title 14, United States Code, is amended--
       (1) by inserting ``Reserve officers on an Active-duty list 
     shall not be counted as part of the authorized number of 
     officers in the Reserve.'' after ``5,000.'' in subsection 
     (a); and
       (2) by striking so much of subsection (b) as precedes 
     paragraph (2) and inserting the following:
       ``(b)(1) The Secretary shall, at least once a year, make a 
     computation to determine the number of Reserve officers in an 
     active status authorized to be serving in each grade. The 
     number in each grade shall be computed by applying the 
     applicable percentage to the total number of such officers 
     serving in an active status on the date the computation is 
     made. The number of Reserve officers in an active status 
     below the grade of rear admiral (lower half) shall be 
     distributed by pay grade so as not to exceed percentages of 
     commissioned officers authorized by section 42(b) of this 
     title. When the actual number of Reserve officers in an 
     active status in a particular pay grade is less than the 
     maximum percentage authorized, the difference may be applied 
     to the number in the next lower grade. A Reserve officer may 
     not be reduced in rank or grade solely because of a reduction 
     in an authorized number as provided for

[[Page S12034]]

     in this subsection, or because an excess results directly 
     from the operation of law.''.

     SEC. 402. COAST GUARD BAND DIRECTOR.

       (a) Band Director Appointment and Grade.--Section 336 of 
     title 14, United States Code, is amended--
       (1) by striking the first sentence of subsection (b) and 
     inserting ``The Secretary may designate as the director any 
     individual determined by the Secretary to possess the 
     necessary qualifications.'';
       (2) by striking ``a member so designated'' in the second 
     sentence of subsection (b) and inserting ``an individual so 
     designated'';
       (3) by striking ``of a member'' in subsection (c) and 
     inserting ``of an individual'';
       (4) by striking ``of lieutenant (junior grade) or 
     lieutenant.'' in subsection (c) and inserting ``determined by 
     the Secretary to be most appropriate to the qualifications 
     and experience of the appointed individual.'';
       (5) by striking ``A member'' in subsection (d) and 
     inserting ``An individual''; and
       (6) by striking ``When a member's designation is 
     revoked,''in subsection (e) and inserting ``When an 
     individual's designation is revoked,''.
       (b) Current Director.--The incumbent Coast Guard Band 
     Director on the date of enactment of this Act may be 
     immediately promoted to a commissioned grade, not to exceed 
     captain, determined by the Secretary of the department in 
     which the Coast Guard is operating to be most appropriate to 
     the qualifications and experience of that individual.

     SEC. 403. RESERVE RECALL AUTHORITY.

       Section 712 of title 14, United States Code, is amended--
       (1) by striking ``during'' in subsection (a) and inserting 
     ``during, or to aid in prevention of an imminent,'';
       (2) by striking ``or catastrophe,'' in subsection (a) and 
     inserting ``catastrophe, act of terrorism (as defined in 
     section 2(15) of the Homeland Security Act of 2002 (6 U.S.C. 
     101(15))), or transportation security incident as defined in 
     section 70101 of title 46, United States Code,'';
       (3) by striking ``thirty days in any four month period'' in 
     subsection (a) and inserting ``60 days in any 4-month 
     period'';
       (4) by striking ``sixty days in any two-year period'' in 
     subsection (a) and inserting ``120 days in any 2-year 
     period''; and
       (5) by adding at the end the following:
       ``(e) For purposes of calculating the duration of active 
     duty allowed pursuant to subsection (a), each period of 
     active duty shall begin on the first day that a member 
     reports to active duty, including for purposes of 
     training.''.

     SEC. 404. EXPANSION OF EQUIPMENT USED BY AUXILIARY TO SUPPORT 
                   COAST GUARD MISSIONS.

       (a) Motorized Vehicle as Facility.--Section 826 of title 
     14, United States Code, is amended--
       (1) by inserting ``(a)'' before ``Members''; and
       (2) adding at the end the following:
       ``(b) The Coast Guard may utilize to carry out its 
     functions and duties as authorized by the Secretary any 
     motorized vehicle placed at its disposition by any member of 
     the auxiliary, by any corporation, partnership, or 
     association, or by any State or political subdivision thereof 
     to tow government property.''.
       (b) Appropriations for Facilities.--Section 830(a) of title 
     14, United States Code, is amended by striking ``or radio 
     station'' each place it appears and inserting ``radio 
     station, or motorized vehicle utilized under section 
     826(b)''.

     SEC. 405. AUTHORITY FOR ONE-STEP TURNKEY DESIGN-BUILD 
                   CONTRACTING.

       (a) In General.--Chapter 17 of title 14, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 677. Turn-key selection procedures

       ``(a) Authority To Use.--The Secretary may use one-step 
     turn-key selection procedures for the purpose of entering 
     into contracts for construction projects.
       ``(b) Definitions.--In this section--
       ``(1) One-step turn-key selection procedures.--The term 
     `one-step turn-key selection procedures' means procedures 
     used for the selection of a contractor on the basis of price 
     and other evaluation criteria to perform, in accordance with 
     the provisions of a firm fixed-price contract, both the 
     design and construction of a facility using performance 
     specifications supplied by the Secretary.
       ``(2) Construction.--The term `construction' includes the 
     construction, procurement, development, conversion, or 
     extension, of any facility.
       ``(3) Facility.--The term `facility' means a building, 
     structure, or other improvement to real property.''.
       (b) Clerical Amendment.--The chapter analysis for chapter 
     17 of title 14, United States Code, is amended by inserting 
     after the item relating to section 676 the following:

``677. Turn-key selection procedures.''.

     SEC. 406. OFFICER PROMOTION.

       Section 257 of title 14, United States Code, is amended by 
     adding at the end the following:
       ``(f) The Secretary of the Department in which the Coast 
     Guard is operating may waive subsection (a) of this section 
     to the extent necessary to allow officers described therein 
     to have at least 2 opportunities for consideration for 
     promotion to the next higher grade as officers below the 
     promotion zone.''.

     SEC. 407. REDESIGNATION OF COAST GUARD LAW SPECIALISTS AS 
                   JUDGE ADVOCATES.

       (a) Section 801 of title 10, United States Code, is 
     amended--
       (1) by striking ``The term `law specialist' '' in paragraph 
     (11) and inserting ``The term `judge advocate', in the Coast 
     Guard,'';
       (2) by striking ``advocate; or'' in paragraph (13) and 
     inserting ``advocate.''; and
       (3) by striking subparagraph (C) of paragraph (13).
       (b) Section 727 of title 14, United States Code, is amended 
     by striking ``law specialist'' and inserting ``judge 
     advocate''.
       (c) Section 465(a)(2) of the Social Security Act (42 U.S.C. 
     665(a)(2)) is amended by striking ``law specialist'' and 
     inserting ``judge advocate''.

     SEC. 408. BOATING SAFETY DIRECTOR.

       (a) In General.--Subchapter A of chapter 11 of title 14, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 337. Director, Office of Boating Safety

       ``The initial appointment of the Director of the Boating 
     Safety Office shall be in the grade of Captain.''.
       (b) Clerical Amendment.--The chapter analysis for chapter 
     11 of title 14, United States Code, is amended by inserting 
     after the item relating to section 336 the following:

``337. Director, Office of Boating Safety.''.

     SEC. 409. HANGAR AT COAST GUARD AIR STATION BARBERS POINT.

       No later than 180 days after the date of enactment of this 
     Act, the Secretary of the Department in which the Coast Guard 
     is operating shall provide the Senate Committee on Commerce, 
     Science, and Transportation and the House of Representatives 
     Committee on Transportation and Infrastructure with a 
     proposal and cost analysis for constructing an enclosed 
     hangar at Air Station Barbers Point. The proposal should 
     ensure that the hangar has the capacity to shelter current 
     aircraft assets and those projected to be located at the 
     station over the next 20 years.

     SEC. 410. PROMOTION OF COAST GUARD OFFICERS.

       (a) In General.--Section 211(a) of title 14, United States 
     Code, is amended to read as follows:
       ``(a)(1) The President may appoint permanent commissioned 
     officers in the Regular Coast Guard in grades appropriate to 
     their qualification, experience, and length of service, as 
     the needs of the Coast Guard may require, from among the 
     following categories:
       ``(A) Graduates of the Coast Guard Academy.
       ``(B) Commissioned warrant officers, warrant officers, and 
     enlisted members of the Regular Coast Guard.
       ``(C) Members of the Coast Guard Reserve who have served at 
     least 2 years as such.
       ``(D) Licensed officers of the United States merchant 
     marine who have served 2 or more years aboard a vessel of the 
     United States in the capacity of a licensed officer.
       ``(2) Original appointments under this section in the 
     grades of lieutenant commander and above shall be made by the 
     President by and with the advice and consent of the Senate.
       ``(3) Original appointments under this section in the 
     grades of ensign through lieutenant shall be made by the 
     President alone.''.
       (b) Wartime Temporary Service Promotion.--Section 275(f) of 
     title 14, United States Code, is amended by striking the 
     second and third sentences and inserting ``Original 
     appointments under this section in the grades of lieutenant 
     commander and above shall be made by the President by and 
     with the advice and consent of the Senate. Original 
     appointments under this section in the grades of ensign 
     through lieutenant shall be made by the President alone.''.

              TITLE V--TECHNICAL AND CONFORMING AMENDMENTS

     SEC. 501. GOVERNMENT ORGANIZATION.

       Title 5, United States Code, is amended--
       (1) by inserting ``The Department of Homeland Security.'' 
     after ``The Department of Veterans Affairs.'' in section 101;
       (2) by inserting ``the Secretary of Homeland Security,'' in 
     section 2902(b) after ``Secretary of the Interior,''; and
       (3) in sections 5520a(k)(3), 5595(h)(5), 6308(b), and 
     9001(10), by striking ``of Transportation'' each place it 
     appears and inserting ``of Homeland Security''.

     SEC. 502. WAR AND NATIONAL DEFENSE.

       The Soldiers' and Sailors' Civil Relief Act of 1940 (Public 
     Law 76-861, 56 Stat. 1178, 50 U.S.C. App. 501 et seq.) is 
     amended--
       (1) by striking ``Secretary of Transportation'' each place 
     it appears in section 515 and inserting ``Secretary of 
     Homeland Security''; and
       (2) by striking ``Secretary of Transportation'' in section 
     530(d) and inserting ``Secretary of Homeland Security''.

     SEC. 503. FINANCIAL MANAGEMENT.

       Title 31, United States Code, is amended--
       (1) by striking ``of Transportation'' in section 3321(c) 
     and inserting ``of Homeland Security.'';
       (2) by striking ``of Transportation'' in section 3325(b) 
     and inserting ``of Homeland Security'';
       (3) by striking ``of Transportation'' each place it appears 
     in section 3527(b)(1) and inserting ``of Homeland Security''; 
     and
       (4) by striking ``of Transportation'' in section 3711(f) 
     and inserting ``of Homeland Security''.

     SEC. 504. PUBLIC CONTRACTS.

       Section 11 of title 41, United States Code, is amended by 
     striking ``of Transportation''

[[Page S12035]]

     each place it appears and inserting ``of Homeland Security''.

     SEC. 505. PUBLIC PRINTING AND DOCUMENTS.

       Sections 1308 and 1309 of title 44, United States Code, are 
     amended by striking ``of Transportation'' each place it 
     appears and inserting ``of Homeland Security''.

     SEC. 506. SHIPPING.

       Title 46, United States Code, is amended--
       (1) by striking ``a Coast Guard or'' in section 2109;
       (2) by striking the second sentence of section 6308(a) and 
     inserting ``Any employee of the Department of Transportation, 
     and any member of the Coast Guard, investigating a marine 
     casualty pursuant to section 6301 of this title, shall not be 
     subject to deposition or other discovery, or otherwise 
     testify in such proceedings relevant to a marine casualty 
     investigation, without the permission of the Secretary of 
     Transportation for Department of Transportation employees or 
     the Secretary of Homeland Security for military members or 
     civilian employees of the Coast Guard.''; and
       (3) by striking ``of Transportation'' in section 13106(c) 
     and inserting ``of Homeland Security''.

     SEC. 507. TRANSPORTATION; ORGANIZATION.

       Section 324 of title 49, United States Code, is amended by 
     striking subsection (b); and redesignating subsections (c) 
     and (d) as subsections (b) and (c), respectively.

     SEC. 508. MORTGAGE INSURANCE.

       Section 222 of the National Housing Act of 1934 (12 U.S.C. 
     1715m) is amended by striking ``of Transportation'' each 
     place it appears and inserting ``of Homeland Security''.

     SEC. 509. ARCTIC RESEARCH.

       Section 107(b)(2) of the Arctic Research and Policy Act of 
     1984 (15 U.S.C. 4106(b)(2)) is amended--
       (1) by striking ``and'' after the semicolon in subparagraph 
     (J);
       (2) by redesignating subparagraph (K) as subparagraph (L); 
     and
       (3) by inserting after subparagraph (J) the following new 
     subparagraph:
       ``(K) the Department of Homeland Security; and''.

     SEC. 510. CONSERVATION.

       (a) Section 1029(e)(2)(B) of the Bisti/De-Na-Zin Wilderness 
     Expansion and Fossil Protection Act of 1996 (16 U.S.C. 
     460kkk(e)) is amended by striking ``of Transportation'' and 
     inserting ``of Homeland Security''.
       (b) Section 312(a)(2)(C) of the Antarctic Marine Living 
     Resources Convention Act of 1984 (16 U.S.C. 2441(c)) is 
     amended by striking ``of Transportation'' and inserting ``of 
     Homeland Security''.

     SEC. 511. CONFORMING AMENDMENT.

       Section 3122 of the Internal Revenue Code of 1986 is 
     amended by striking ``Secretary of Transportation'' each 
     place it appears and inserting ``Secretary of the Department 
     in which the Coast Guard is operating''.

     SEC. 512. ANCHORAGE GROUNDS.

       Section 7 of the Rivers and Harbors Act of 1915 (33 U.S.C. 
     471) is amended by striking ``of Transportation'' and 
     inserting ``of Homeland Security''.

     SEC. 513. BRIDGES.

       Section 4 of the General Bridge Act of 1906 (33 U.S.C. 491) 
     is amended by striking ``of Transportation'' and inserting 
     ``of Homeland Security''.

     SEC. 514. LIGHTHOUSES.

       (a) Section 1 of Public Law 70-803 (33 U.S.C. 747b) is 
     amended by striking ``of Transportation'' and inserting ``of 
     Homeland Security''.
       (b) Section 2 of Public Law 65-174 (33 U.S.C. 748) is 
     amended by striking ``of Transportation'' and inserting ``of 
     Homeland Security''.
       (c) Sections 1 and 2 of Public Law 75-515 (33 U.S.C. 745a, 
     748a) are amended by striking ``of Transportation'' each 
     place it appears and inserting ``of Homeland Security''.

     SEC. 515. OIL POLLUTION.

       The Oil Pollution Act of 1990 (33 U.S.C. 2701 et. seq.) is 
     amended--
       (1) by inserting ``Homeland Security,'' in section 
     5001(c)(1)(B) (33 U.S.C. 2731(c)(1)(B)) after ``the 
     Interior,'';
       (2) by striking ``of Transportation.'' in section 
     5002(m)(4) (33 U.S.C. 2732(m)(4)) and inserting ``of Homeland 
     Security.'';
       (3) by striking section 7001(a)(3) (33 U.S.C. 2761(a)(3)) 
     and inserting the following:
       ``(3) Membership.--
       ``(A) The Interagency Committee shall include 
     representatives from the Department of Commerce (including 
     the National Oceanic and Atmospheric Administration and the 
     National Institute of Standards and Technology), the 
     Department of Energy, the Department of the Interior 
     (including the Minerals Management Service and the United 
     States Fish and Wildlife Service), the Department of 
     Transportation (including the Maritime Administration and the 
     Pipeline and Hazardous Materials Safety Administration), the 
     Department of Defense (including the Army Corps of Engineers 
     and the Navy), the Department of Homeland Security (including 
     the United States Coast Guard and the United States Fire 
     Administration in the Federal Emergency Management Agency), 
     the Environmental Protection Agency, and the National 
     Aeronautics and Space Administration, as well as such other 
     Federal agencies the President may designate.
       ``(B) A representative of the Department of Transportation 
     shall serve as Chairman.''; and
       (4) by striking ``other'' in section 7001(c)(6) (33 U.S.C. 
     2761(c)(6)) before ``such agencies''.

     SEC. 516. MEDICAL CARE.

       Section 1(g)(4)(B) of the Medical Care Recovery Act of 1962 
     (42 U.S.C. 2651(g)(4)(B)) is amended by striking ``of 
     Transportation,'' and inserting ``of Homeland Security,''.

     SEC. 517. CONFORMING AMENDMENT TO SOCIAL SECURITY ACT.

       Section 201(p)(3) of the Social Security Act (42 U.S.C. 
     405(p)(3)) is amended by striking ``of Transportation'' each 
     place it appears and inserting ``of Homeland Security''.

     SEC. 518. SHIPPING.

       Section 27 of the Merchant Marine Act of 1920 (46 U.S.C. 
     App. 883) is amended by striking ``Satisfactory inspection 
     shall be certified in writing by the Secretary of 
     Transportation'' and inserting ``Satisfactory inspection 
     shall be certified in writing by the Secretary of Homeland 
     Security.''.

     SEC. 519. NONTANK VESSELS.

       Section 311(a)(26) of the Federal Water Pollution Control 
     Act (33 U.S.C. 1321(A)(26)) is amended to read as follows:
       ``(26) `nontank vessel' means a self-propelled vessel--
       ``(A) of at least 400 gross tons as measured under section 
     14302 of title 46, United States Code, or, for vessels not 
     measured under that section, as measured under section 14502 
     of that title;
       ``(B) other than a tank vessel;
       ``(C) that carries oil of any kind as fuel for main 
     propulsion; and
       ``(D) that is a vessel of the United States or that 
     operates on the navigable waters of the United States 
     including all waters of the territorial sea of the United 
     States as described in Presidential Proclamation No. 5928 of 
     December 27, 1988.''.

     SEC. 520. DRUG INTERDICTION REPORT.

       (a) In General.--Section 89 of title 14, United States 
     Code, is amended by adding at the end the following:
       ``(d) Quarterly Reports on Drug Interdiction.--Not later 
     than 30 days after the end of each fiscal year quarter, the 
     Secretary of Homeland Security shall submit to the House of 
     Representatives Committee on Transportation and 
     Infrastructure and the Senate Committee on Commerce, Science, 
     and Transportation a report on all expenditures related to 
     drug interdiction activities of the Coast Guard on an annual 
     basis.''.
       (b) Conforming Amendment.--Section 103 of the Coast Guard 
     Authorization Act of 1996 (14 U.S.C. 89 note) is repealed.

     SEC. 521. ACTS OF TERRORISM REPORT.

       Section 905 of the Omnibus Diplomatic Security and 
     Antiterrorism Act of 1986 (46 U.S.C. App. 1802) is amended--
       (1) by striking ``Not later than February 28, 1987, and 
     annually thereafter, the Secretary of Transportation shall 
     report'' and inserting ``The Secretary of Homeland Security 
     shall report annually''; and
       (2) by inserting ``Beginning with the first report 
     submitted under this section after the date of enactment of 
     the Maritime Transportation Security Act of 2002, the 
     Secretary shall include a description of activities 
     undertaken under title I of that Act and an analysis of the 
     effect of those activities on port security against acts of 
     terrorism.'' after ``ports.''.

                       TITLE VI--EFFECTIVE DATES

     SEC. 601. EFFECTIVE DATES.

       (a) In General.--Except as provided in subsection (b), this 
     Act and the amendments made by this Act shall take effect on 
     the date of enactment.
       (b) Exception.--Sections 501 through 518 of this Act and 
     the amendments made by those sections shall take effect on 
     March 1, 2003.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
committee-reported amendments be agreed to and the amendments at the 
desk be agreed to.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendments were agreed to.
  The amendment (No. 2343) was agreed to, as follows:

       On page 2, strike the item relating to section 211 and 
     insert the following:

Sec. 211. Undocumented Maine fish tenders.

       On page 2, after the item relating to section 217, insert 
     the following:

Sec. 218. Distant water tuna fleet.
Sec. 219. Automatic identification system.

       On page 3, after the item relating to section 410, insert 
     the following:

Sec. 411. Conveyance of decommissioned Coast Guard Cutter MACKINAW.

       On page 8, line 17, strike ``2006.'' and insert ``2006 and 
     as of September 30, 2007.''.
       On page 8, beginning in line 18, strike ``fiscal year 
     2006,'' and insert ``each of fiscal years 2006 and 2007,''.
       On page 9, beginning in line 3, strike ``fiscal year 2006'' 
     and insert ``each of fiscal years 2006 and 2007''.
       On page 18, strike lines 6 through 24 and insert the 
     following:

     SEC. 211. UNDOCUMENTED MAINE FISH TENDERS.

       Not withstanding any other provision of law, a vessel that 
     is ineligible for documentation under chapter 121 of title 
     46, United States Code, because it measures less than 5 net 
     tons, may transport fish or shellfish within the coastal 
     waters of the State of Maine if--
       (1) the vessel transported fish or shellfish pursuant to a 
     valid wholesale seafood license, issued under the authority 
     of section

[[Page S12036]]

     6851 of title 12 of the Maine Revised Statutes prior to 
     December 31, 2004; and
       (2) the vessel is owned by an individual or entity meeting 
     the citizenship requirements necessary to document a vessel 
     under section 12106 of title 46, United States Code.
       On page 19, line 18, insert ``(a) In General.--'' before 
     ``The''.
       On page 20, after line 25, insert the following:
       (b) Independent Analysis of Revised Deep Water Plan.--
     Within 180 days after the date of enactment of this Act, the 
     Commandant of the Coast Guard may execute a contract with an 
     independent entity--
       (1) to conduct an analysis of the Coast Guard's revised 
     Deepwater Plan; and
       (2) to assess whether--
       (A) the mix of assets and capabilities selected as part of 
     that plan will meet the Coast Guard's criteria of--
       (i) performance; and
       (ii) minimizing total ownership costs; or
       (B) additional or different assets should be considered as 
     part of the plan.
       On page 22, strike lines 13 through 18, and insert the 
     following:
       ``(c)(1) No vessel without a registry endorsement may 
     engage in--
       ``(A) the setting or movement of the anchors or other 
     mooring equipment of a mobile offshore drilling unit that is 
     located over the outer Continental Shelf (as defined in 
     section 2(a) of the Outer Continental Shelf Lands Act (43 
     U.S.c. 1331(a))) whether or not attached to the outer 
     Continental Shelf; or
       ``(B) the movement of merchandise or personnel to or from a 
     point in the United States from or to a mobile offshore 
     drilling unit located over the outer Continental Shelf that 
     is--
       ``(i) not attached to the seabed; or
       ``(ii) attached to the seabed on the outer Continental 
     Shelf but not exploring for oil and gas resources from the 
     outer Continental Shelf.
       ``(2) Nothing in paragraph (1) authorizes the employment in 
     the coastwise trade of a vessel that does not meet the 
     requirements of section 12106 of this title.''.
       On page 22, between lines 18 and 19, insert the following:

     SEC. 218. DISTANT WATER TUNA FLEET.

       (a) Manning Requirements.--United States purse seine 
     fishing vessels transiting to or from, or fishing exclusively 
     for highly migratory species in, the Treaty area under a 
     fishing license issued pursuant to the 1987 Treaty of 
     Fisheries Between the Governments of Certain Pacific Islands 
     States and the Government of the United States of America may 
     utilize non-United States licensed and documented personnel 
     to meet manning requirements for the 48 month period 
     beginning on the date of enactment of this Act if, after 
     timely notice of a vacancy, no United States-licensed and 
     documented personnel are readily available.
       (b) Limitation.--Subsection (a) applies only to vessels 
     operating in and out of American Samoa.
       (c) Waiver.--The citizenship requirements of sections 
     8103(a) and 12110 of title 46, United States Code, are waived 
     for vessels to which subsection (a) applies during the 48-
     month period.

     SEC. 219. AUTOMATIC IDENTIFICATION SYSTEM.

       (a) Prevention of Harmful Interference.--The Secretary of 
     the Department in which the Coast Guard is operating, acting 
     through the Commandant of the Coast Guard, may, within 60 
     days of the enactment of this Act, transfer $1,000,000 to the 
     National Telecommunications and Information Administration of 
     the Department of Commerce for the purposes of awarding, 
     within 120 days after the date of enactment of this Act a 
     competitive grant to design, develop, and prototype a device 
     that integrates a Class B Automatic Identification System 
     transponder (International Electrotechnical Commission 
     standard 62287) with an FCC-approved wireless maritime data 
     device with channel throughput greater than 19.2 kilobits per 
     second to enable such wireless maritime data device to 
     provide wireless maritime data services, concurrent with the 
     operation of such Automatic Identification System 
     transponder, on frequency channels adjacent to the frequency 
     channels on which the Automatic Identification System 
     transponder operates, while minimizing or eliminating the 
     harmful interference between such Automatic Identification 
     System transponder and such wireless maritime data device. 
     The design of such device shall be available for public use.
       (b) Implementation of AIS.--It is the Sense of the Senate 
     that the Federal Communications Commission should resolve 
     within 60 days after the date of enactment of this Act the 
     disposition of its rulemaking on the Automatic Information 
     System and licensee use of frequency bands 157.1875-157.4375 
     MHz and 161.7875-162.0375 MHz (RM-10821, WT Docket Number 04-
     344). The implementation of this section shall not delay the 
     implementation of an Automatic Identification System as 
     required by the Maritime Transportation Security Act of 2002 
     and international convention.
       On page 30, line 5, strike `` `Members'; '' and insert `` 
     `The'; ''.
       On page 30, line 7, insert ``(1)'' before ``The''.
       On page 30, line 12, strike the closing quotation marks and 
     the second period.
       On page 30, between lines 12 and 13, insert the following:
       ``(2) Any motorized vehicle placed at the disposition of 
     the Coast Guard and utilized to carry out its functions under 
     paragraph (1) shall be considered to be a `motorized vehicle 
     utilized under section 826(b)' as that term is used in 
     section 830.''.
       On page 35, between lines 4 and 5, insert the following:

     SEC. 411. CONVEYANCE OF DECOMMISSIONED COAST GUARD CUTTER 
                   MACKINAW.

       (a) In General.--Upon the scheduled decommissioning of the 
     Coast Guard Cutter MACKINAW, the Commandant of the Coast 
     Guard shall convey all right, title, and interest of the 
     United States in and to that vessel to the City and County of 
     Cheboygan, Michigan, without consideration, if--
       (1) the recipient agrees--
       (A) to use the vessel for purposes of a museum;
       (B) not to use the vessel for commercial transportation 
     purposes;
       (C) to make the vessel available to the United States 
     Government if needed for use by the Commandant in time of war 
     or a national emergency; and
       (D) to hold the Government harmless for any claims arising 
     from exposure to hazardous materials, including asbestos and 
     polychlorinated biphenyls (PCBs), after conveyance of the 
     vessel, except for claims arising from the use by the 
     Government under subparagraph (C);
       (2) the recipient has funds available that will be 
     committed to operate and maintain the vessel conveyed in good 
     working condition, in the form of cash, liquid assets, or a 
     written loan commitment, and in an amount of at least 
     $700,000; and
       (3) the recipient agrees to any other conditions the 
     Commandant considers appropriate.
       (b) Maintenance and Delivery of Vessel.--Prior to 
     conveyance of the vessel under this section, the Commandant 
     shall, to the extent practical, and subject to other Coast 
     Guard mission requirements, make every effort to maintain the 
     integrity of the vessel and its equipment until the time of 
     delivery. If a conveyance is made under this section, the 
     Commandant shall deliver the vessel to a suitable mooring in 
     the local area, in its present condition, on or about June 
     10, 2006, and no later than June 30, 2006. The conveyance of 
     the vessel under this section shall not be considered a 
     distribution in commerce for purposes of section 6(e) of 
     Public Law 94-469 (15 U.S.C. 2605(e)).
       (c) Other Excess Equipment.--The Commandant may convey to 
     the recipient any excess equipment or parts from other 
     decommissioned Coast Guard vessels for use to enhance the 
     vessel's operability and function for purposes of a museum.

  The amendment (No. 2344) was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
Commerce Committee be discharged from further consideration of H.R. 889 
and that the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (H.R. 889) to authorize appropriations for the Coast 
     Guard for fiscal year 2006, to make technical corrections to 
     various laws administered by the Coast Guard, and for other 
     purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that all after 
the enacting clause be stricken and the text of S. 1280, as amended, be 
inserted in lieu thereof, that the bill, as amended, be read a third 
time and passed, the motions to reconsider be laid upon the table, the 
Senate insist upon its amendment, and the Chair be authorized to 
appoint conferees. I further ask that S. 1280 be returned to the 
calendar.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (H.R. 889), as amended, was read the third time and passed.
  (The bill will be printed in a future edition of the Record.)
  The PRESIDING OFFICER appointed Mr. Stevens, Ms. Snowe, Mr. Lott, Mr. 
Smith, Mr. Inouye, Ms. Cantwell, and Mr. Lautenberg conferees on the 
part of the Senate.

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