[Congressional Record (Bound Edition), Volume 151 (2005), Part 10]
[Senate]
[Pages 13336-13359]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. LIEBERMAN (for himself, Ms. Collins, Mr. Levin, and Mr. 
        Akaka):
  S. 1274. A bill to strengthen Federal leadership, provide grants, 
enhance outreach and guidance, and provide other support to State and 
local officials to achieve communications inter-operability, to foster 
improved regional collaboration and coordination, to promote more 
efficient utilization of funding devoted to public safety 
communications, to promote research and development for first responder 
communications, and for other purposes; to the Committee on Homeland 
Security and Governmental Affairs.
  Mr. LIEBERMAN. Mr. President, I rise today to introduce legislation 
designed to finally address one of the most long-standing and difficult 
problems facing our Nation's first responders--the lack of 
communications interoperability.
  I want to thank Chairman Collins of the Homeland Security and 
Governmental Affairs Committee, Senator Levin and Senator Akaka for 
joining me in this effort.
  I don't want to be confused with the evil road captain in ``Cool Hand 
Luke,'' but there is only one way to say this: ``What we have here is a 
failure to communicate!''
  By now, we all know that the inability of first responders to talk to 
one another when responding to emergencies costs lives during terrorist 
attacks or natural disasters. According to the 9/11 Commission, the 
lack of interoperability contributed to the deaths of more than 100 
fire fighters in New York on 9/11.
  However, this failure to communicate also creates problems during 
every day emergency operations, endangering both first responders and 
the public while also wasting precious resources. For example, when law 
enforcement officers cannot communicate effectively about a suspect 
fleeing across jurisdictions, criminals can escape.
  It is past time we fixed this problem.
  Achieving interoperability is the top priority for State homeland 
security advisors. It is essential for first responders to achieve the 
national preparedness goals that the Department of Homeland Security 
has established for the Nation.
  However, for most States obtaining the equipment and technology to 
fulfill this goal remains a challenge. And a major hurdle continues to 
be lack of sufficient funding. A non-partisan task force of the Council 
on Foreign Relations recommended spending at least $6.8 billion over 
five years. DHS has also estimated the cost of modernizing equipment 
for 2.5 million public safety first responders across the country at 
$40 billion.
  I am convinced that we can achieve interoperability for much less--
but only if strong national leadership drives cooperation and adoption 
of smart new technology solutions.
  Achieving interoperability is difficult because some 50,000 local 
agencies typically make independent decisions about communications 
systems. The result is that first responders typically operate on 
different radio systems, at different frequencies, unable to 
communicate with one another.
  Strong national leadership is necessary to ensure that different 
jurisdictions come together to work out the often complex issues that 
prevent interoperability in the first place.
  The legislation we are introducing today will provide this much 
needed Federal leadership and provide dedicated grants, enhance 
technical assistance to State and local first responders, promote 
greater regional cooperation, and foster the research and development 
necessary to make achieving interoperability a realistic national goal.
  The ``Improve Interoperable Communications for First Responders Act 
of 2005'' or the ICOM Act for short, gets us there in three distinct 
ways.
  First, the ICOM Act will provide the Office of Interoperability and 
Compatibility (OIC) within DHS the resources and authorities necessary 
to systematically overcome the barriers to achieving interoperability.
  ICOM requires OIC to conduct extensive, nationwide outreach and 
facilitate the creation of task forces in each State to develop 
interoperable solutions. It requires coordinated and extensive 
technical assistance through the Office of Domestic Preparedness' 
Interoperable Communications Technical Assistance Program. OIC will 
also be charged with developing a national strategy and national 
architecture so that we systematically move towards a truly national 
system of public safety communications.
  This Act authorizes OIC to fund and conduct pilot programs to 
evaluate and validate new technology concepts needed to encourage more 
efficient use of spectrum and other resources and deploy less costly 
public safety communications systems.
  Second, the ICOM Act will identify and answer the policy and 
technology questions necessary to achieve interoperability by requiring 
the Secretary to establish a comprehensive, competitive research and 
development program.
  This research agenda will focus on: understanding the strengths and 
weaknesses of today's diverse public safety

[[Page 13337]]

communications systems; examining how current and emerging technology 
can make public safety organizations more effective, and how local, 
State, and Federal agencies can utilize this technology in a coherent 
and cost-effective manner; evaluating and validating new technology 
concepts; and advancing the creation of a national strategy to promote 
interoperability and efficient use of spectrum.
  The legislation authorizes some $126 million for each of fiscal years 
2006 through 2009 for the operations of the Office for Interoperability 
and Compatibility so DHS can finally provide the national leadership 
necessary to achieve interoperability in the most cost effective 
manner; for research and development; and to provide enhanced technical 
assistance to state and local officials around the country.
  Third, the ICOM Act will provide consistent, dedicated funding by 
authorizing $3.3 billion over five years for initiatives to achieve 
short-term or long-term solutions to interoperability. It authorizes 
grants directly to States or regional consortium within each State to 
be used specifically for key aspects of the communications life-cycle, 
including: State-wide or regional communications planning; system 
design and engineering; procurement and installation of equipment; 
training and exercises; or other activities determined by the Secretary 
to be integral to the achievement of this essential capability.
  The bill adopts the same formula for distributing funds in S. 21, the 
Homeland Security Grants Enhancement Act as reported by the Homeland 
Security and Government Affairs Committee. Each State will receive a 
minimum baseline amount of 0.55 percent of the total funds appropriated 
under the bill. States that are larger/and or more densely populated 
receive a higher baseline amount, based on a formula that combines 
population and population density.
  The remaining funds--over 60 percent of the total--will be 
distributed based on additional threat and risk-based factors. This 
will ensure that the majority of funds are distributed to those areas 
at highest risk, while we systematically ensure that this very basic 
communications capability is built in every state across our country.
  The Secretary will be required to establish a panel of technical 
experts, first responders, and other State and local officials, to 
review and make recommendations on grant applications.
  This legislation also promotes regional cooperation, consistent with 
the National Preparedness Goal, which identifies the essential 
capabilities States and localities need to fight the war on terrorism, 
rewarding those jurisdictions that join together in robust regional 
bodies to apply for funds.
  Most importantly, this dedicated funding program for interoperability 
will ensure that jurisdictions can receive and rely on a consistent 
stream of funding for vital interoperability projects, without also 
being forced to neglect all of the other essential capabilities DHS has 
said they need to develop.
  This legislation is crucial for the safety of our citizens and the 
men and women who go to work everyday pledged to protect them. It will 
ensure that, for the first time, achieving communications 
interoperability is an achievable national goal, a genuine national 
priority.
  To win the war on terrorism and protect the American people, we 
cannot have a failure to communicate.
  I ask unanimous consent that the text of the legislation be printed 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1274

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Improve Interoperable 
     Communications for First Responders Act of 2005''.

     SEC. 2. FINDINGS.

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

     SEC. 3. OFFICE FOR INTEROPERABILITY AND COMPATIBILITY.

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

[[Page 13338]]

       ``(iv) conduct extensive, nationwide outreach and foster 
     the development of interoperable communications systems by 
     State, local, and tribal governments and public safety 
     agencies, and by regional consortia thereof, by--

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

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

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

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

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

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

     ``SEC. 314. INTEROPERABILITY ASSESSMENT AND REPORT.

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

     SEC. 4. RESEARCH AND DEVELOPMENT.

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

     ``SEC. 315. INTEROPERABILITY RESEARCH AND DEVELOPMENT.

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

     SEC. 5. DEDICATED FUNDING TO ACHIEVE INTEROPERABILITY.

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

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

     ``SEC. 1801. INTEROPERABILITY GRANTS.

       ``(a) In General.--The Secretary, through the Office, shall 
     make grants to States and eligible regions for initiatives 
     necessary to achieve short-term or long-term solutions to 
     statewide, regional, national and, where appropriate, 
     international interoperability.
       ``(b) Use of Grant Funds.--Grants awarded under subsection 
     (a) may be used for initiatives to achieve short-term or 
     long-term solutions to interoperability within the State or 
     region and to assist with any aspect of the communication 
     life cycle, including--
       ``(1) statewide or regional communications planning;
       ``(2) system design and engineering;
       ``(3) procurement and installation of equipment;
       ``(4) training and exercises; and
       ``(5) other activities determined by the Secretary to be 
     integral to the achievement of communications 
     interoperability.
       ``(c) Coordination.--The Secretary shall ensure that the 
     Office coordinates its activities with Office of 
     Interoperability and Compatibility, the Directorate of 
     Science and Technology, and other Federal entities so that 
     grants awarded under this section, and other grant programs 
     related to homeland security, fulfill the purposes of this 
     Act and facilitate the achievement of communications 
     interoperability consistent with the national strategy.
       ``(d) Application.--
       ``(1) In general.--A State or eligible region desiring a 
     grant under this section shall submit an application at such 
     time, in such manner, and accompanied by such information as 
     the Secretary may reasonably require.
       ``(2) Minimum contents.--At a minimum, each application 
     submitted under paragraph (1) shall--
       ``(A) identify the critical aspects of the communications 
     life cycle, including planning, system design and 
     engineering, procurement and installation, and training for 
     which funding is requested;
       ``(B) describe how--

[[Page 13339]]

       ``(i) the proposed use of funds would be consistent with 
     and address the goals in any applicable State homeland 
     security plan, and, unless the Secretary determines 
     otherwise, are consistent with the national strategy and 
     architecture; and
       ``(ii) the applicant intends to spend funds under the 
     grant, to administer such funds, and to allocate such funds 
     among any participating local governments; and
       ``(C) be consistent with the Interoperable Communications 
     Plan required by section 7303(f) of the Intelligence Reform 
     and Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)).
       ``(e) State Review and Submission.--
       ``(1) In general.--To ensure consistency with State 
     homeland security plans, an eligible region applying for a 
     grant under this section shall submit its application to each 
     State within which any part of the eligible region is located 
     for review before submission of such application to the 
     Secretary.
       ``(2) Deadline.--Not later than 30 days after receiving an 
     application from an eligible region under paragraph (1), each 
     such State shall transmit the application to the Secretary.
       ``(3) State disagreement.--If the Governor of any such 
     State determines that a regional application is inconsistent 
     with the State homeland security plan of that State, or 
     otherwise does not support the application, the Governor 
     shall--
       ``(A) notify the Secretary in writing of that fact; and
       ``(B) provide an explanation of the reasons for not 
     supporting the application at the time of transmission of the 
     application.
       ``(f) Award of Grants.--
       ``(1) Considerations.--In approving applications and 
     awarding grants under this section, the Secretary shall 
     consider--
       ``(A) the nature of the threat to the State or eligible 
     region;
       ``(B) the location, risk, or vulnerability of critical 
     infrastructure and key national assets, including the 
     consequences from an attack on critical infrastructure in 
     nearby jurisdictions;
       ``(C) the size of the population, as well as the population 
     density of the area, that will be served by the interoperable 
     communications systems, except that the Secretary shall not 
     establish a minimum population requirement that would 
     disqualify from consideration an area that otherwise faces 
     significant threats, vulnerabilities, or consequences;
       ``(D) the extent to which grants will be utilized to 
     implement interoperability solutions--
       ``(i) consistent with the national strategy and compatible 
     with the national architecture; and
       ``(ii) more efficient and cost effective than current 
     approaches;
       ``(E) the number of jurisdictions within regions 
     participating in the development of interoperable 
     communications systems, including the extent to which the 
     application includes all incorporated municipalities, 
     counties, parishes, and tribal governments within the State 
     or eligible region, and their coordination with Federal and 
     State agencies;
       ``(F) the extent to which a grant would expedite the 
     achievement of interoperability in the State or eligible 
     region with Federal, State, and local agencies;
       ``(G) the extent to which a State or eligible region, given 
     its financial capability, demonstrates its commitment to 
     expeditiously achieving communications interoperability by 
     supplementing Federal funds with non-Federal funds;
       ``(H) whether the State or eligible region is on or near an 
     international border;
       ``(I) the extent to which geographic barriers pose unusual 
     obstacles to achieving communications interoperability; and
       ``(J) the threats, vulnerabilities, and consequences faced 
     by the State or eligible region related to at-risk site or 
     activities in nearby jurisdictions, including the need to 
     respond to terrorist attacks arising in those jurisdictions.
       ``(2) Review panel.--
       ``(A) In general.--The Secretary shall establish a review 
     panel under section 871(a) to assist in reviewing grant 
     applications under this section.
       ``(B) Recommendations.--The review panel established under 
     subparagraph (A) shall make recommendations to the Secretary 
     regarding applications for grants under this section.
       ``(C) Membership.--The review panel established under 
     subparagraph (A) shall include individuals with technical 
     expertise in communications interoperability as well as 
     emergency response providers and other relevant State and 
     local officials.
       ``(3) Availability of funds.--Any grant funds awarded that 
     may be used to support interoperability shall, as the 
     Secretary may determine, remain available for up to 3 years, 
     consistent with section 7303(e) of the Intelligence Reform 
     and Terrorism Prevention Act of 2004 (6 U.S.C. 194(e)).
       ``(4) Allocation.--
       ``(A) In general.--In awarding grants under this 
     subsection, the Secretary shall ensure that each State 
     receives, for each fiscal year, the greater of--
       ``(i) 0.55 percent of the amounts appropriated for grants 
     under this section; or
       ``(ii) the eligible State's sliding scale baseline 
     allocation of 28.62 percent of the amounts appropriated for 
     grants under this section.
       ``(B) Other entities.--Notwithstanding subparagraph (A), 
     the Secretary shall ensure that for each fiscal year--
       ``(i) the District of Columbia receives 0.55 percent of the 
     amounts appropriated for grants under this section;
       ``(ii) the Commonwealth of Puerto Rico receives 0.35 
     percent of the amounts appropriated for grants under this 
     section;
       ``(iii) American Samoa, the Commonwealth of the Northern 
     Mariana islands, Guam, and the Virgin Islands each receive 
     0.055 percent of the amounts appropriated for grants under 
     this section; and
       ``(C) Possessions.--Except as provided in subparagraph (B), 
     no possession of the United States shall receive a baseline 
     distribution under subparagraph (A).
       ``(g) Definitions.--As used in this section, the following 
     definitions apply:
       ``(1) Eligible region.--The term `eligible region' means--
       ``(A) 2 or more contiguous incorporated municipalities, 
     counties, parishes, Indian tribes or other general purpose 
     jurisdictions that--
       ``(i) have joined together to enhance communications 
     interoperability between first responders in those 
     jurisdictions and with State and Federal officials; and
       ``(ii) includes the largest city in any metropolitan 
     statistical area, as defined by the Office of Management and 
     Budget; or
       ``(B) any other area the Secretary determines to be 
     consistent with the definition of a region in the national 
     preparedness guidance issued under Homeland Security 
     Presidential Directive 8.
       ``(2) Interoperable communications and communications 
     interoperability.--The terms `interoperable communications' 
     and `communications interoperability' mean the ability of 
     emergency response providers and relevant Federal, State, and 
     local government agencies to communicate with each other as 
     necessary, utilizing information technology systems and radio 
     communications systems, and to exchange voice, data, or video 
     with one another on demand, in real time, as necessary.
       ``(3) Office.--The term `office' refers to the Office of 
     Domestic Preparedness of the Office of State and Local 
     Government Preparedness and Coordination within the 
     Department of Homeland Security.
       ``(4) Sliding scale baseline allocation.--The term `sliding 
     scale baseline allocation' means 0.0001 multiplied by the sum 
     of--
       ``(A) the value of a State's population relative to that of 
     the most populous of the 50 States of the United States, 
     where the population of such States has been normalized to a 
     maximum value of 100; and
       ``(B) \1/4\ of the value of a State's population density 
     relative to that of the most densely populated of the 50 
     States of the United States, where the population density of 
     such States has been normalized to a maximum value of 100
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out the purposes of 
     this section--
       ``(1) $400,000,000 for fiscal year 2006;
       ``(2) $500,000,000 for fiscal year 2007;
       ``(3) $600,000,000 for fiscal year 2008;
       ``(4) $800,000,000 for fiscal year 2009;
       ``(5) $1,000,000,000 for fiscal year 2010; and
       ``(6) such sums as are necessary each fiscal year 
     thereafter.''.

     SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS.

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

          ``Sec. 314. Interoperability assessment and report. 

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

       (2) adding at the end the following:

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

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

  Ms. COLLINS. Mr. President, I am very pleased to join my good friend, 
the Senator from Connecticut, Senator Lieberman, in introducing the 
Improve Interoperable Communications for First Responders Act of 2005. 
This legislation will strengthen our capabilities to prevent and 
respond to acts of terrorism. The bill we are introducing will improve 
communications among the various levels of government and will assist 
our State and local first responders in upgrading their communications 
equipment. I thank Senator Lieberman for his efforts in putting 
together this very important legislation and for working with me to 
make this bill a bipartisan effort.
  According to the 9/11 Commission Report, interoperability--the 
ability for emergency responders to communicate with one another during 
an incident--was a serious problem on 9/11. On that

[[Page 13340]]

fateful day, the NYPD Emergency Service Unit did manage to successfully 
convey evacuation instructions to personnel in the North Tower after 
the South Tower's collapse. This was accomplished by a combination of 
``1. the strength of the radios, 2. the relatively small numbers of 
individuals using them, and 3. use of the correct channel by all.'' On 
the other hand, the 9/11 Commission Report pointed out that ``the same 
three factors worked against successful communication among FDNY 
personnel. First, the radios' effectiveness was drastically reduced in 
the high-rise environment. Second, tactical channel 1 was simply 
overwhelmed by the numbers of units attempting to communicate on it at 
10:00 a.m. Third, some firefighters were on the wrong channel or simply 
lacked radios altogether.''
  In addition, a Government Accountability Office report on 
interoperable communications released in June 2004 notes that the lives 
of first responders and those they are trying to assist can be lost 
when first responders cannot communicate effectively. That is the crux 
of the matter that the Lieberman-Collins bill seeks to address. A 
substantial barrier to effective communications, according to the GAO, 
is the use of incompatible wireless equipment by many agencies and 
levels of government when they are responding to a major emergency. 
From computer systems to emergency radios, the technology that should 
allow these different levels of government to communicate with each 
other too often is silenced by incompatibility. Clearly, the barrier to 
a truly unified effort against terrorism is a matter of both culture 
and equipment. This legislation will help break down that barrier.
  The GAO recommends that Federal grants be used to encourage States to 
develop and implement plans to improve interoperable communications and 
that the Department of Homeland Security should establish a long-term 
program to coordinate these same communications upgrades throughout the 
Federal Government. Our legislation would do much to implement these 
sensible recommendations.
  The National Governors Association recently released a survey of 
State and territorial homeland security advisors to determine their top 
10 priorities and challenges facing states in the future. The number 
one priority was achieving interoperability in communications.
  One of the most persistent messages that I hear from Maine's first 
responders is strong concern about the lack of compatibility in 
communications equipment. It remains a substantial impediment to their 
ability to respond effectively in the event of a terrorist attack. For 
a State like mine that has the largest port by tonnage in New England, 
two international airports, key defense installations, hundreds of 
miles of coastline, and a long international border, compatible 
communications equipment is essential. Yet it remains an illusive goal.
  Maine's firefighters, police officers, and emergency medical 
personnel do an amazing job in providing aid when a neighboring town is 
in need. Fires, floods, and accidents are local matters in which they 
have great expertise and experience. Their work on the front lines in 
the war against terrorism is, however, a joint responsibility. Maine's 
first responders, along with first responders across the country, are 
doing their part, but they need and deserve Federal help.
  It is vitally important that we assist the States in getting the 
right communications technology into the hands of their first 
responders. That would be accomplished by the interoperability grant 
program in this legislation. The grant program guarantees every state a 
share of interoperability funding and makes additional funding 
available for states with special needs and vulnerabilities. It is 
designed to get this vital funding to first responders quickly, in 
coordination with a statewide plan.
  A recent study by the Council on Foreign Relations estimates the 
total cost of nationwide communications compatibility at $6.8 billion.
  Our legislation authorizes a total of $3.3 billion over a 5 year 
period for grants dedicated to achieving communications 
interoperability. That is a reasonable and necessary contribution by 
the Federal Government to this important partnership.
  The legislation will also help to identify and answer the policy and 
technology questions necessary to achieve interoperability. It directs 
the Secretary of Homeland Security to establish a comprehensive, 
competitive research and development program. This includes conducting 
research through the Directorate of Science and Technology Homeland 
Security Advanced Research Projects Agency (HSARPA), and establishing a 
Center of Excellence focused on enhancing information and 
communications systems for first responders.
  The Intelligence Reform and Terrorism Prevention Act of 2002, P.L. 
108-458, which Senator Lieberman and I authored, directs the Office for 
Interoperability and Compatibility (OIC) in DHS to provide overall 
federal leadership to achieve interoperability. Our legislative 
initiative builds on this current policy by providing the OIC the 
resources and authorities necessary to conduct extensive, nationwide 
outreach, develop a national strategy and national architecture, and 
conduct pilot programs to evaluate and validate new technology 
concepts.
  We must all work together to achieve interoperability for all our 
first responders. Coordination and cooperation among all stakeholders 
will be imperative if the brave men and women who risk their lives on a 
daily basis are to be fully prepared.
  I urge my colleagues to join us in supporting this legislation to 
build a better and stronger homeland security partnership with our 
first responders.
  Mr. LEVIN. Mr. President, I join my colleagues in introducing the 
Improve Interoperable Communications For First Responders, or ``ICOM,'' 
Act of 2005. We have all heard the stories of how the first responders 
could not communicate on 9/11 and this lack of communication cost 
lives. The same situation is happening all over this country and we 
need to improve interoperable communications before more lives are 
lost. Attaining this objective will require substantial resources and a 
strong commitment by Congress and the Administration. This legislation 
takes an important first step in this effort.
  We have seen how bad the problem is in Michigan. For example, on the 
morning of Sunday, October 26, 2003, Michigan first responders held an 
exercise to test the emergency communications response capabilities at 
Michigan's international border with Canada. As we all know, during any 
emergency, effective communications is an absolute requirement. 
However, during the exercise, in order to communicate between fire 
agencies, the fire commanding officer needed 3 portable radios 
literally hanging around his neck and hooked to his waist band to 
attempt scene coordination. The Incident Commander was shuffling radios 
up and down to his ear and mouth in an attempt to figure out ``who'' 
was requesting or providing information. Further, the fire commanding 
officer had no communication with any law enforcement or Emergency 
Medical Service agencies. To communicate with those agencies, 5 
additional radios would be required. This is totally unacceptable.
  First and foremost, the ICOM Act will provide dedicated funding for 
initiatives to achieve short- and long-term solutions to 
interoperability to States or regional consortia within each State for 
State-wide or regional communications planning, system design and 
engineering, procurement and installation of equipment, training and 
exercises, or other activities determined by the Secretary of Homeland 
Security to be integral to the achievement of communications 
interoperability.
  This legislation will also provide the recently authorized Office for 
Interoperability and Compatibility the resources and authorities 
necessary to conduct extensive, nationwide outreach, develop a national 
strategy, facilitate the creation of regional task forces in each 
State, fund and conduct pilot programs to evaluate and validate

[[Page 13341]]

new technology concepts, encourage more efficient use of resources, and 
test and deploy more reliable and less costly public safety 
communications systems. Finally, the ICOM Act also requires the 
Secretary of Homeland Security to establish a comprehensive, 
competitive research and development program. This includes promoting 
research through the Directorate of Science and Technology and Homeland 
Security Advanced Research Projects Agency, and considering 
establishing a Center of Excellence. The research agenda will focus on 
understanding the strengths and weaknesses of today's diverse public 
safety communications systems, examining how current and emerging 
technology can make public safety organizations more effective, and how 
local, State, and Federal agencies can utilize this technology in a 
coherent and cost-effective manner, evaluating and validating new 
technology concepts, and advancing the creation of a national strategy 
to promote interoperability and efficient use of spectrum.
  I recently authored an amendment that passed the Homeland Security 
and Governmental Affairs Committee that would assist our first 
responders by creating demonstration projects at our northern and 
southern borders. The ICOM Act will complement that legislation by 
providing funding, support, research and development to improve 
interoperable communications on a national level.
  Mr. AKAKA. Mr. President, I rise today to join my colleagues, 
Senators Lieberman, Collins, and Levin, in introducing the Improve 
Interoperable Communications for First Responders Act of 2005 (the ICOM 
Act), which will strengthen the interoperability of first responder 
communications across the country.
  Since September 11, Federal, State, and local authorities have 
grappled with the challenge of achieving interoperable communications 
for emergency response personnel. This should not be a difficult task 
since the necessary technology exists. But as with many public policy 
challenges, achieving interoperability comes down to organization and 
funding.
  The 9-11 Commission found that the inability of first responders to 
communicate at the three September 11 crash sites demonstrated ``that 
compatible and adequate communications among public safety 
organizations at the local, State, and Federal levels remains a 
important problem.'' In my home State of Hawaii, for example, first 
responders are unable to communicate by radio over 25 percent of the 
Island of Hawaii because of inadequate infrastructure and diverse 
geography. The Commission recommended that federal funding of local 
interoperability programs be given a high priority.
  The Department of Homeland Security (DHS) estimated it would cost $40 
billion to modernize communications equipment for the Nation's 2.5 
million public safety first responders. In 2003, an independent task 
force sponsored by the Council on Foreign Relations recommended 
investing $6.8 billion over five years to ensure dependable, 
interoperable first responder communications, a need which they 
describe as ``so central to any kind of terrorist attack response.''
  However, funding alone will not solve this urgent problem. The 
Government Accountability Office (GAO) has found that DHS leadership is 
critical to utilizing effectively interoperability technologies. In an 
April 2005 report, ``Technology Assessment: Protecting Structures and 
Improving Communications during Wildland Fires,'' GAO stated that even 
if two neighboring jurisdictions have the funding to purchase an 
interconnection device, such as an audio switch, organizational 
challenges remain. GAO stated, ``To effectively employ the device, they 
must also jointly decide how to share its cost, ownership, and 
management; agree on the operating procedures for when and how to 
deploy it; and train individuals to configure, maintain, and use it.'' 
Achieving such planning and coordination will require federal 
leadership.
  According to GAO, the federal government has increased 
interoperability planning and coordination efforts in recent years. 
However the Wireless Public Safety Interoperable Communications Program 
(SAFECOM), which is run out of the Office for Interoperability and 
Compatibility (OIC) in DHS, has made limited progress in achieving 
communications interoperability among entities at all levels of 
government.
  The ICOM Act will increase federal coordination and provide dedicated 
funding for interoperability. Our bill will increase the resources and 
authority of the OIC, which was established by the Intelligence Reform 
and Terrorism Prevention Act of 2004. Specifically, the OIC will be 
tasked with creating a national strategy and national architecture, 
facilitating the creation of regional task forces, and conducting pilot 
programs to evaluate new technology concepts. The OIC will be 
responsible not only for short-term solutions, but also for 
simultaneously pursuing a long-term interoperability strategy, 
something that has been lacking from Federal efforts to date.
  The ICOM Act will also create an interoperability grant program and 
authorize $3.3 billion over five years for the program. Recognizing 
that achieving interoperability is crucial to every State's emergency 
response capabilities, the bill gives each State a baseline amount of 
.55 percent of the funding.
  The ICOM Act also requires the Secretary to look to at the unique 
geographic barriers in each State which may impede interoperability 
when awarding grants. This is key to States like Hawaii that may 
require additional transmitter towers and other types of equipment to 
overcome the obstacles that come with being a mountainous or island 
State.
  Last year, I joined Senators Lieberman and Collins in introducing S. 
2701, the Homeland Security Interagency and Interjurisdictional 
Information Sharing Act of 2004. Many of the provisions in S. 2701 were 
incorporated into the Intelligence Reform and Terrorism Prevention Act. 
However, there still continue to be problems in terms of leadership and 
funding in federal interoperability policy. I ask my colleagues to not 
wait another year to begin to fill this hole. I urge support of this 
important piece of legislation.
                                 ______
                                 
      By Mr. STEVENS (for himself and Ms. Murkowski):
  S. 1275. A bill to designate the facility of the United States Postal 
Service located at 7172 North Tongass Highway, Ward Cove, Alaska, as 
the `Alice R. Brusich Post Office Building'; to the Committee on 
Homeland Security and Governmental Affairs.
  Mr. STEVENS. Mr. President, I send to the desk legislation to 
designate the U.S. Post Office located at 7172 North Tongass Highway in 
Ward Cove, AK after Alice R. Brusich.
  Alice Brusich started her career with the Postal Service in 1954 as 
an Assistant Postmaster. Through her hard work and efforts, she became 
Postmaster in 1956.
  During her service with the Postal Service, Alice was also one of the 
founders of the Tongass Community Club. She was also one of the 
founding members and top officer of the Alaska Chapter 51 National 
Association of Postmasters in the United States.
  Alice was also in charge of the Ketchikan Post Office in the 70's. In 
1985, Alice retired after 31 years of service. She remains an active 
supporter of the Postal service and is dedicated to improving the 
services at the Ward Cove Post Office. Alice has always been a strong 
advocate of improving and maintaining the Postal Service in Alaska, and 
it is only appropriate that we honor her service by dedicating the Ward 
Cove Post Office after her.
                                 ______
                                 
      By Mr. LEAHY (for himself, Mr. Chafee, Mr. Kennedy, Mr. Corzine, 
        Mr. Jeffords, Mrs. Boxer, Mr. Feingold, Mrs. Murray, Mr. 
        Dayton, and Mr. Lautenberg):
  S. 1278. A bill to amend the Immigration and Nationality Act to 
provide a mechanism for United States citizens and lawful permanent 
residents to sponsor their permanent partners for residence in the 
United States, and for

[[Page 13342]]

other purposes; to the Committee on the Judiciary.
  Mr. LEAHY. Today I am introducing the Uniting American Families Act. 
This legislation would allow U.S. citizens and legal permanent 
residents to petition for their foreign same-sex partners to come to 
the United States under our family immigration system. It is nearly 
identical to the Permanent Partners Immigration Act that I introduced 
in the last Congress, and which Congressman Nadler--who is introducing 
this bill in the House today--has sponsored for the last four 
Congresses. I am pleased to have Senators Chafee, Kennedy, Corzine, 
Jeffords, Boxer, Feingold, Murray, Dayton, and Lautenberg as 
cosponsors.
  Under current law, committed partners of Americans are unable to use 
the family immigration system, which accounts for about 75 percent of 
the green cards and immigrant visas granted annually by the United 
States. As a result, gay Americans who are in this situation must 
either live apart from their partners, or leave the country if they 
want to live legally and permanently with them.
  This bill rectifies that problem while retaining strong prohibitions 
against fraud. To qualify as a permanent partner, petitioners must 
prove that they are at least 18 and are in a committed, intimate 
relationship with another adult in which both parties intend a lifelong 
commitment, and are financially interdependent with one's partner. They 
must also prove that they are not married to, or in a permanent 
partnership with, anyone other than that person, and are unable to 
contract with that person a marriage cognizable under the Immigration 
and Nationality Act. Proof could include sworn affidavits from friends 
and family and documentation of financial interdependence. Penalties 
for fraud would be the same as penalties for marriage fraud--up to five 
years in prison and $250,000 in fines for the U.S. citizen partner, and 
deportation for the alien partner.
  There are Vermonters who are involved in permanent partnerships with 
foreign nationals and who have felt abandoned by our laws in this area. 
This bill would allow them--and other gay and lesbian Americans 
throughout our Nation who have come to feel that our immigration laws 
are discriminatory--to be a fuller part of our society.
  The idea that immigration benefits should be extended to same-sex 
couples has become increasingly prevalent around the world. Indeed, 
sixteen nations--Australia, Belgium, Brazil, Canada, Denmark, Finland, 
France, Germany, Iceland, Israel, the Netherlands, New Zealand, Norway, 
South Africa, Sweden and the United Kingdom--recognize same-sex couples 
for immigration purposes.
  Our immigration laws treat gays and lesbians in committed 
relationships as second-class citizens, and that needs to change. It is 
the right thing to do for the people involved, it is the sensible step 
to take in the interest of having a fair and consistent policy, and I 
hope that the Senate will act.
  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. 1278

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

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

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

     SEC. 2. DEFINITIONS.

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

     SEC. 3. WORLDWIDE LEVEL OF IMMIGRATION.

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

     SEC. 4. NUMERICAL LIMITATIONS ON INDIVIDUAL FOREIGN STATES.

       (a) Per Country Levels.--Section 202(a)(4) (8 U.S.C. 
     1152(a)(4)) is amended--
       (1) in the paragraph header, by inserting ``, permanent 
     partners,'' after ``spouses'';
       (2) in the header to subparagraph (A), by inserting ``, 
     permanent partners,'' after ``spouses''; and
       (3) in the header to subparagraph (C), in the heading by 
     inserting ``without permanent partners'' after ``daughters''.
       (b) Rules for Chargeability.--Section 202(b) (8 U.S.C. 
     1152(b)) is amended--
       (1) by striking ``except that (1)'' and inserting the 
     following: ``, except that--
       ``(1)'';
       (2) by striking ``(2) if an alien'' and inserting the 
     following:
       ``(2) if an alien'';
       (3) by striking ``his spouse'' and inserting ``the spouse 
     or permanent partner of the alien''
       (4) by inserting ``or permanent partners'' after ``husband 
     and wife'';
       (5) by striking ``the spouse he'' and inserting ``the 
     spouse or permanent partner who the alien'';
       (6) by striking ``such spouse'' and inserting ``such spouse 
     or permanent partner'';
       (7) by striking ``(3) an alien'' and inserting the 
     following:
       ``(3) an alien''; and
       (8) by striking ``(4) an alien'' and inserting the 
     following:
       ``(4) an alien''.

     SEC. 5. ALLOCATION OF IMMIGRANT VISAS.

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

     SEC. 6. PROCEDURE FOR GRANTING IMMIGRANT STATUS.

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

[[Page 13343]]

       (2) by inserting ``or permanent partnership'' after 
     ``marriage'' each place such term appears.

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

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

     SEC. 8. ASYLUM.

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

     SEC. 9. ADJUSTMENT OF STATUS OF REFUGEES.

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

     SEC. 10. INADMISSIBLE ALIENS.

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

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

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

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

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

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

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

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

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

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

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

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

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

     SEC. 14. DEPORTABLE ALIENS.

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

[[Page 13344]]

       (2) in paragraph (2)(E)(i), by inserting ``or permanent 
     partner'' after ``spouse'' each place such term appears; and
       (3) in paragraph (3)(C)(ii), by inserting ``or permanent 
     partner'' after ``spouse'' each place such term appears.
       (b) Technical and Conforming Amendments.--Section 237(a) (8 
     U.S.C. 1227(a)) is amended by striking ``Attorney General'' 
     each place that term appears and inserting ``Secretary of 
     Homeland Security''.

     SEC. 15. REMOVAL PROCEEDINGS.

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

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

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

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

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

     SEC. 18. MISREPRESENTATION AND CONCEALMENT OF FACTS.

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

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

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

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

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

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

       Section 1504 of the LIFE Act Amendments of 2000 (114 Stat. 
     2763A09325) is amended--
       (1) in the section header, by inserting ``, PERMANENT 
     PARTNERS,'' after ``SPOUSES'';
       (2) in subsection (a), by inserting ``, permanent 
     partner,'' after ``spouse''; and
       (3) in subsections (b) and (c)--
       (A) in the subsection headers, by inserting ``, Permanent 
     Partners,'' after ``Spouses''; and
       (B) by inserting ``, permanent partner,'' after ``spouse'' 
     each place such term appears.
                                 ______
                                 
      By Ms. SNOWE (for herself, Ms. Cantwell, Mr. Stevens, and Mr. 
        Inouye):
  S. 1280. A bill to authorize appropriations for fiscal years 2006 and 
2007 for the United States Coast Guard, and for other purposes; to the 
Committee on Commerce, Science, and Transportation.
  Ms. SNOWE. Mr. President, today I am pleased to introduce the Coast 
Guard Authorization Act of 2005.
  The Coast Guard serves as the guardian of our maritime homeland 
security and provides many critical services for our Nation. Last year 
alone, the Coast Guard responded to over 32,000 calls for assistance, 
and saved 5,500 lives. These brave men and women risk their lives to 
defend our borders from drugs, illegal immigrants, acts of terror, and 
other national security threats. In 2004, the Coast Guard seized 
376,000 pounds of illegal narcotics, preventing them from reaching our 
streets and playgrounds. They also stopped over 11,000 illegal migrants 
from reaching our shores. In addition they conducted 4,500 boardings to 
protect our vital fisheries stocks and they responded to 23,904 
pollution incidents.
  In today's post-9/11 world, the men and women of the Coast Guard have 
been working harder than ever securing the nation's coastline, 
waterways, and ports. This rapid escalation of the Coast Guard's 
homeland security mission catalogue continues today. Last year alone, 
the Coast Guard aggressively defended our homeland by conducting more 
than 36,000 port security patrols, boarded over 19,000 vessels, 
escorted over 7,200 vessels, and maintained more than 115 security 
zones. While our new reality requires the Coast Guard to maintain a 
robust homeland security posture, these new priorities must not 
diminish the Coast Guard's focus on its traditional missions such as 
marine safety, search and rescue, aids to navigation, fisheries law 
enforcement, and marine environmental protection.
  By introducing the Coast Guard Authorization bill today, I intend to 
continue giving the Coast Guard my full support, and I hope my 
colleagues will work with me to provide the Coast Guard with the 
resources it needs to carry out its many critically important missions 
that it provides to this Nation. Unfortunately, the Coast Guard's rapid 
operational escalation has come on the backs of its 42,000 men and 
women who faithfully serve our country. Additionally, it has taken a 
significant toll on the ships, boats, and aircraft that the Coast Guard 
uses on a daily basis. I believe we need to shift this burden off our 
people and instead adequately provide the Coast Guard with the 
resources it needs, primarily through the full support of its 
recapitalization project known as Deepwater.
  The bill I introduce today would authorize funding at $8.2 billion 
for Fiscal Year 2006 and $8.8 billion for Fiscal Year 2007. This 
represents an 8 percent annual budget increase over the levels 
contained in last year's authorization bill. This authorization will 
continue 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,

[[Page 13345]]

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.
       (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

[[Page 13346]]

     and their dependents under chapter 55 of title 10, United 
     States Code, $1,095,206,400, to remain available until 
     expended.
       (5) For alteration or removal of bridges over navigable 
     waters of the United States constituting obstructions to 
     navigation, and for personnel and administrative costs 
     associated with the Bridge Alteration Program, $18,792,000, 
     of which $2,500,000, to remain available until expended, may 
     be utilized for construction of a new Chelsea Street Bridge 
     over the Chelsea River in Boston, Massachusetts.
       (6) For environmental compliance and restoration 
     $12,960,000, to remain available until expended for 
     environmental compliance and restoration functions under 
     chapter 19 of title 14, United States Code.
       (7) For operation and maintenance of the Coast Guard 
     reserve program, $128,520,000.

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

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

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

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

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

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

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

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

       The second section enumerated 70119 of title 46, United 
     States Code, is amended--
       (1) by inserting ``(a) In General.--'' before ``Any''; and
       (2) by adding at the end the following:
       ``(b) Continuing Violations.--Each day of a continuing 
     violation shall constitute a separate violation, with a total 
     fine per violation not to exceed--
       ``(1) for violations occurring during fiscal year 2006, 
     $50,000;
       ``(2) for violations occurring during fiscal year 2007, 
     $75,000; and
       ``(3) for violations occurring after fiscal year 2007, 
     $100,000.
       ``(c) Determination of Amount.--In determining the amount 
     of the penalty, the Secretary shall take into account the 
     nature, circumstances, extent, and gravity of the violation 
     committed and, with respect to the violator, the degree of 
     culpability, history of prior offenses, ability to pay, and 
     such other matters as justice may require.
       ``(d) Compromise, Modification, and Remittal.--The 
     Secretary may compromise, modify, or remit, with or without 
     conditions, any civil penalty imposed under this section.''.

     SEC. 203. ICEBREAKERS.

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

     SEC. 204. COOPERATIVE AGREEMENTS.

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

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

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

     SEC. 206. REPORTS FROM MORTGAGEES OF VESSELS.

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

     SEC. 207. INTERNATIONAL TRAINING AND TECHNICAL ASSISTANCE.

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

     ``Sec. 149. Assistance to Foreign Governments and Maritime 
       Authorities;

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

[[Page 13347]]

     States Code, is amended by striking the item relating to 
     section 149 and inserting the following:

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

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

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

     SEC. 209. BIO-DIESEL FEASIBILITY STUDY.

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

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

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

     SEC. 211. JONES ACT WAIVERS.

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

     SEC. 212. DEEPWATER OVERSIGHT.

       No later than 90 days after the date of enactment of this 
     Act, the Coast Guard, in consultation with Government 
     Accountability Office, shall provide a report to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure on--
       (1) the status of the Coast Guard's implementation of 
     Government Accountability Office's recommendations in its 
     report, GAO-04-380, ``Coast Guard Deepwater Program Needs 
     Increased Attention to Management and Contractor Oversight''; 
     and
       (2) the dates by which the Coast Guard plans to fully 
     implement such recommendations if any remain open as of the 
     date the report is transmitted to the Committees.

     SEC. 213. DEEPWATER REPORT.

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

     SEC. 214. LORAN-C.

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

     SEC. 215. LONG-RANGE VESSEL TRACKING SYSTEM.

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

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

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

     SEC. 217. SUCTION ANCHORS.

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

        TITLE III--UNITED STATES OCEAN COMMISSION IMPLEMENTATION

     SEC. 301. PLACE OF REFUGE.

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

     SEC. 302. IMPLEMENTATION OF INTERNATIONAL AGREEMENTS.

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

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

       The Secretary of the department in which the Coast Guard is 
     operating shall, in consultation with appropriate Federal, 
     State, and local government agencies, undertake outreach 
     programs for educating the owners

[[Page 13348]]

     and operators of boats using two-stroke engines about the 
     pollution associated with such engines, and shall support 
     voluntary programs to reduce such pollution and that 
     encourage the early replacement of older two-stroke engines.

     SEC. 304. INTEGRATION OF VESSEL MONITORING SYSTEM DATA.

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

     SEC. 305. FOREIGN FISHING INCURSIONS.

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

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

     SEC. 401. RESERVE OFFICER DISTRIBUTION.

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

     SEC. 402. COAST GUARD BAND DIRECTOR.

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

     SEC. 403. RESERVE RECALL AUTHORITY.

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

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

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

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

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

     ``Sec. 677. Turn-key selection procedures

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

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

     SEC. 406. OFFICER PROMOTION.

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

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

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

     SEC. 408. BOATING SAFETY DIRECTOR.

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

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

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

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

[[Page 13349]]



     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.''.
       (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

[[Page 13350]]

     inserting ``The Secretary of Homeland Security shall report 
     annually''; and
       (2) by inserting ``Beginning with the first report 
     submitted under this section after the date of enactment of 
     the Maritime Transportation Security Act of 2002, the 
     Secretary shall include a description of activities 
     undertaken under title I of that Act and an analysis of the 
     effect of those activities on port security against acts of 
     terrorism.'' after ``ports.''.

                       TITLE VI--EFFECTIVE DATES

     SEC. 601. EFFECTIVE DATES.

       (a) In General.--Except as provided in subsection (b), this 
     Act and the amendments made by this Act shall take effect on 
     the date of enactment.
       (b) Exception.--Sections 501 through 518 of this Act and 
     the amendments made by those sections shall take effect on 
     March 1, 2003.

  Ms. CANTWELL. Mr. President, I am pleased to join Chairwoman Snowe to 
introduce the Coast Guard Authorization Act of 2005.
  Those of us from coastal States are especially aware of the important 
role of the U.S. Coast Guard in maritime security, marine safety, and 
search and rescue of mariners. In addition, the Coast Guard is 
instrumental in protecting our ocean resources through fisheries 
enforcement and response to oil spills.
  We ask a lot of the Coast Guard, and I am grateful to the men and 
women of the U.S. Coast Guard for their dedication and hard work. In 
this bill, I believe we have provided the Coast Guard with direction 
and authorizations that will help them better serve the public and meet 
the growing demands of the future.
  The bill includes authorizations for Fiscal Year 2006 and 2007 
appropriations that are approximately 8 percent higher than for each 
preceding year. The bill also authorizes a number of important new 
programs including recommendations of the United States Commission on 
Ocean Policy, makes a number of changes sought by the Coast Guard for 
personnel and property management, and makes necessary technical 
corrections resulting from the Coast Guard's move from the Department 
of Transportation to the Department of Homeland Security.
  I am especially pleased that the committee legislation authorizes 
$47,500,000 for the Coast Guard's continued operation and maintenance 
of the Nation's only Polar Ice Breaker fleet. The administration's 
budget for fiscal year 2006 proposed transferring the funding for 
operation and maintenance of these vessels to the National Science 
Foundation, while leaving operational responsibility with the Coast 
Guard. No other Coast Guard asset is funded in this manner. Subjecting 
the icebreaker program to the budgeting decisions of another federal 
agency would definitely lead to an uncertain future for the Coast 
Guard's three icebreakers, ultimately undermining the ability of the 
Coast Guard to maintain these assets, and threatening the ability of 
the United States to maintain a presence in the polar regions over the 
long term. Section 203 of this legislation specifically calls on the 
Coast Guard to take all necessary measures to maintain its current 
fleet of polar icebreakers, rather than transferring this 
responsibility to the NSF.
  This bill includes important funding for additional Coast Guard 
capital improvement priorities including $10,000,000 for the completion 
of the vessel traffic system upgrade for Puget Sound, one of two 
regions nationwide that has not yet benefited from this important 
upgrade in maritime traffic management and safety. This upgraded vessel 
traffic system will improve vessel traffic efficiency and safety 
throughout Washington's coastal waters. This funding also includes $3 
million for completion of a Coast Guard administrative building on Pier 
36 in Seattle that was badly damaged in the Olympia earthquake in 2001. 
This building is the Command Center for the Coast Guard's Puget Sound 
search and rescue and homeland security activities and these funds will 
greatly improve the Coast Guard's capabilities in this area.
  I am also pleased that the bill directs the Coast Guard to report to 
the Commerce Committee on opportunities for, the feasibility of, co-
locating Coast Guard assets and personnel at facilities of other armed 
services branches, and entering into cooperative agreements for 
carrying out various Coast Guard missions. One such facility where co-
location may prove beneficial to both the Coast Guard and the Navy is 
Naval Station Everett, which will be included in the Coast Guard's 
evaluation.
  In addition, the bill promotes the use of alternative fuels by 
requiring the Coast Guard to evaluate the feasibility, costs, and 
potential cost savings of using bio-diesel fuel in new and existing 
Coast Guard vehicles and vessels, with a focus on ports such as the 
Port of Seattle with very high vessel traffic density. Bio-diesel and 
other alternative vehicle fuels are already used by the Army at Fort 
Lewis, King County Metro Transit, and several school districts and 
cities in Washington State.
  We have included in the bill a provision that would extend a 
requirement for non-tank vessels of over 400 gross tons, operating in 
waters out to 12 miles from the U.S., to prepare emergency response 
plans for oil spills. As we have learned with unfortunate oil spills in 
the past, such as the recent Daleo Passage Spill, every second matters. 
Requiring large vessels operating in coastal waters to have an 
emergency response plan will help prevent oil spill disasters and, in 
the event of a spill, mitigate their effects through preparedness.
  Finally, the bill makes several important changes to the Coast 
Guard's management of personnel. One of these changes modifies current 
Coast Guard rules regarding recalling reservists for acts of terrorism 
and for longer periods of time. This provision ensures that the clock 
for the length of the recall begins to run on the first day that a 
reservist reports to active duty, including for training. Another 
provision ensures that the director of the Boating Safety Office 
remains a uniformed officer at the level of captain, in response to 
concerns from the boating safety community that the Coast Guard was 
eliminating this billet.
  Effective Coast Guard operations are important for the State of 
Washington and for the Nation. I am pleased to join Senators Snowe, 
Stevens, and Inouye in introducing this legislation and I look forward 
to working with my colleagues on the Commerce Committee and with the 
Coast Guard to move this legislation quickly through the Committee and 
the Senate.
                                 ______
                                 
      By Mrs. HUTCHISON (for herself and Mr. Nelson of Florida):
  S. 1281. A bill to authorize appropriations for the National 
Aeronautics and Space Administration for science, aeronautics, 
exploration, exploration capabilities, and the Inspector General, and 
for other purposes, for fiscal years 2006, 2007, 2008, 2009, and 2010; 
to the Committee on Commerce, Science, and Transportation.
  Mrs. HUTCHISON. Mr. President, my friend and colleague, the senior 
Senator from Florida, and I are today introducing a far-reaching bill 
to reauthorize the National Aeronautics and Space Administration for 5 
years, from fiscal year 2006 through fiscal year 2010.
  This legislation is already the product of close bipartisan 
cooperation among Republicans and Democrats, which should be a surprise 
to no one, for space exploration is something that is important to all 
Americans, and promises and provides benefits to all of us, to all of 
humanity.
  This bill represents an important opportunity for the Congress to 
play its fundamental role, in conjunction with the executive branch, in 
establishing the policies and principles that will guide our Nation's 
exploration and utilization of space.
  The President has outlined an ambitious new Vision for Exploration 
that enables us to see where we can be 30 and 40 years ahead, with a 
renewed US presence on the Moon and crews and habitats on Mars, and 
perhaps even beyond. I support and endorse that vision and believe it 
describes a course America must take into the future.
  This legislation expresses the sense of the Congress that such a 
broad, visionary goal is important and necessary to help stimulate our 
efforts today to develop the capabilities and the skills to reach that 
goal, and to reap tremendous benefits and rewards for all of us here on 
Earth as we do.

[[Page 13351]]

  The bill authorizes funding for NASA for the next 5 fiscal years, 
from fiscal year 2006 to fiscal year 2010. The authorized levels are 
close to those requested in the President's budget request for 2006 and 
increase at a level to keep pace with estimates of inflation over the 
subsequent years.
  Where the legislation differs from the President's request or from 
the plans that have been developed at NASA to begin the vision for 
exploration, we believe the adjustments made in this legislation will 
improve NASA's capability to carry out those plans and to sustain the 
high level of public and congressional support necessary for the long-
term success of the vision for exploration.
  Those differences revolve around two major areas of concern: (1) the 
need to ensure a sustained, continuous ability for the United States to 
launch crews and cargo into orbit; and (2) the need to maintain our 
existing commitments to both our international partners and our 
scientific partners in the International Space Station.
  In other areas of space policy and programs, we have included 
language which expands on the administration proposals. We provide for 
the establishment, by the President, of a proposed National Policy for 
Aeronautics and Aeronautical Research, to provide a framework for 
making intelligent and far-reaching decisions about this crucial aspect 
of our Nation's ability to remain competitive in the global market of 
aeronautics. We must know what capabilities must be retained in our 
present aeronautics research infrastructure and what may be better 
served by changes that would remove the competition within NASA for 
limited resources in a constrained budgetary environment. Difficult 
choices must be made, but the first step in making informed decisions 
is to have a comprehensive policy framework to guide those decisions.
  We endorse and expand, by repeated references in several portions of 
the bill, the desire to open the door for greater commercial 
participation in the exploration and utilization of space and space-
based assets, from the development of basic launch capabilities, to 
crew-capable launch vehicles, to resupply and even research management 
of the International Space Station, and missions to the Moon and Mars, 
to Earth observation and remote sensing capabilities.
  Commercial capabilities have experienced a dramatic upsurge in the 
recent past which makes this an especially important and promising 
aspect of this legislation. Just one year ago, on June 21, 2004, 
SpaceShipOne, built by the private firm of Scaled Composites, flew into 
the lower reaches of outer space, making pilot Mike Melvill the first 
civilian to fly a commercially-built spaceship out of the atmosphere 
and the first private pilot to earn astronaut wings.
  As I said earlier, we believe the provisions of this legislation will 
make it easier for NASA to pursue the vision for exploration. Let me, 
in conclusion, expand briefly on that statement by referring to two 
specific areas of interest: the development of a crew exploration 
vehicle, and the assembly and operation of the International Space 
Station.
  NASA has begun several efforts in the past decade, to develop a 
replacement vehicle for human space flight, with a view to eventually 
retiring the space shuttle. Each of them has failed, after considerable 
expense, to find the technological breakthrough that was necessary for 
their success. They were focused on new technologies, new systems that 
were largely untested, and unproven. We are now out of time, and can no 
longer afford the luxury of attempting to develop a dramatically new 
and different human space flight capability.
  This legislation directs NASA, wherever practical, to use existing 
technology and industrial capacity, derived from our 24 years of 
experience with the space shuttle, in developing alternative means for 
launching crews and cargo into space. This approach promises not only 
to result in less cost to NASA and less risk of failure in development, 
but it will enable this nation to avoid an unacceptable--and 
potentially dangerous--situation where we do not have a capability to 
launch humans in space, especially at a time when the number of nations 
who have that capability is increasing, as the entry of China into that 
long-exclusive ``club'' has demonstrated.
  NASA has said it cannot afford to continue to provide for all the 
research that has been planned for years to be accomplished aboard the 
International Space Station. It has begun the process of narrowing the 
scope of the use of the space station to those experiments that can 
contribute directly to the needs of the vision for exploration, and the 
support of human missions to the Moon, Mars, and beyond. This 
legislation states strongly that such a restriction on the range of 
research disciplines aboard the ISS is not in the best interests of the 
Nation, or of our partners.
  The bill directs NASA to retain and support those ``non-vision'' 
science disciplines, and authorizes an additional $100 million, 
initially, for NASA to do that. But more importantly, the bill 
designates the U.S. portion of the ISS as a national laboratory 
facility, and directs NASA to provide a plan, by March of next year, 
which will enable a national laboratory, within NASA, to assume 
research management responsibility for that on-orbit national 
laboratory facility.
  The potential gain for NASA is that the national laboratory will be 
empowered to bring other, non-NASA, resources to bear in operating the 
ISS, thus freeing NASA of much of that operational responsibility, 
while at the same time allowing it to support the specific research it 
needs for the vision for exploration.
  The legislation provides other authorities, as requested by the 
administration, to facilitate NASA operations and management, and 
addresses other issues, such as continued monitoring of safety-related 
issues. While it adds some reporting requirements for NASA, it also 
eliminates a number of statutory reporting requirements that are no 
longer necessary.
  This legislation to reauthorize NASA is necessary and vital to the 
future success of our Nation's effort in the exploration of space, and 
I take great satisfaction in offering it today for the Senate's 
consideration. I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1281

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

                       Subtitle A--Authorizations

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

                     Subtitle B--General Provisions

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

             Subtitle C--Limitations and Special Authority

Sec. 161. Official representational fund.
Sec. 162. Facilities management.

[[Page 13352]]

                 TITLE II--INTERNATIONAL SPACE STATION

Sec. 201. International Space Station completion.
Sec. 202. Research and support capabilities on international Space 
              Station.
Sec. 203. National laboratory status for International Space Station.
Sec. 204. Commercial support of International Space Station operations 
              and utilization.
Sec. 205. Use of the International Space Station and annual report.

            TITLE III--NATIONAL SPACE TRANSPORTATION POLICY

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

                 TITLE IV--ENABLING COMMERCIAL ACTIVITY

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

           TITLE V--MISCELLANEOUS ADMINISTRATIVE IMPROVEMENTS

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

     SEC. 2. FINDINGS.

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

     SEC. 3. DEFINITIONS.

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

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

                       Subtitle A--Authorizations

     SEC. 101. FISCAL YEAR 2006.

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

     SEC. 102. FISCAL YEAR 2007.

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

     SEC. 103. FISCAL YEAR 2008.

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

     SEC. 104. FISCAL YEAR 2009.

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

     SEC. 105. FISCAL YEAR 2010.

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

     SEC. 106. EVALUATION CRITERIA FOR BUDGET REQUEST.

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

                     Subtitle B--General Provisions

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

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

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

       (a) In General.--Within 180 days after the date of 
     enactment of this Act and every 2

[[Page 13353]]

     years thereafter, the Administrator shall transmit a report 
     to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Science setting forth in detail--
       (1) the findings and actions taken on NASA's assessment of 
     the balance within its science portfolio and any efforts to 
     adjust that balance among the major program areas, including 
     the areas referred to in section 131;
       (2) any activities undertaken by the Administration to 
     conform with the Sun-Earth science and applications direction 
     provided in section 131; and
       (3) efforts to enhance near-Earth object detection and 
     observation.
       (b) External Review Findings.--The Administrator shall 
     include in each report submitted under this section a summary 
     of findings and recommendations from any external reviews of 
     the Administration's science mission priorities and programs.

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

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

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

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

     SEC. 135. GROUND-BASED ANALOG CAPABILITIES.

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

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

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

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

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

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

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

     SEC 139. LESSONS LEARNED AND BEST PRACTICES

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

     SEC. 140. SAFETY MANAGEMENT.

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

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

       In developing NASA's budget request for inclusion in the 
     Budget of the United States

[[Page 13354]]

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

     SEC. 142. EARTH OBSERVING SYSTEM.

       (a) In General.--Within 6 months after the date of 
     enactment of this Act, the Administrator, in consultation 
     with the Administrator of the National Oceanic and 
     Atmospheric Administration and the Director of the United 
     States Geological Survey, shall submit a plan to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Science to ensure the 
     long-term vitality of the earth observing system at NASA.
       (b) Plan Requirements.--The plan shall--
       (1) address such issues as--
       (A) out-year budgetary projections;
       (B) technical requirements for the system; and
       (C) integration into the Global Earth Observing System of 
     Systems; and
       (2) evaluate--
       (A) the need to proceed with any NASA missions that have 
     been delayed or canceled;
       (B) plans for transferring needed capabilities from some 
     canceled or de-scoped missions to the National Polar-orbiting 
     Environmental Satellite System;
       (C) the technical base for exploratory earth observing 
     systems;
       (D) the need to strengthen research and analysis programs; 
     and
       (E) the need to strengthen the approach to obtaining 
     important climate observations and data records.
       (c) Earth Observing System Defined.--In this section, the 
     term ``earth observing system'' means the series of 
     satellites, a science component, and a data system for long-
     term global observations of the land surface, biosphere, 
     solid Earth, atmosphere, and oceans.

             Subtitle C--Limitations and Special Authority

     SEC. 161. OFFICIAL REPRESENTATIONAL FUND.

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

     SEC. 162. FACILITIES MANAGEMENT.

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

                 TITLE II--INTERNATIONAL SPACE STATION

     SEC. 201. INTERNATIONAL SPACE STATION COMPLETION.

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

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

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

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

       (a) In General.--In order to accomplish the objectives 
     listed in section 202, the United States segment of the ISS 
     is hereby designated a national laboratory facility. The 
     Administrator, after consultation with the Director of the 
     Office of Science and Technology Policy, shall develop the 
     national laboratory facility to oversee scientific 
     utilization of an ISS national laboratory within the 
     organizational structure of NASA.
       (b) National Laboratory Functions.--The Administrator shall 
     seek to use the national laboratory to increase the 
     utilization of the ISS by other national and commercial users 
     and to maximize available NASA funding for research through 
     partnerships, cost-sharing agreements, and arrangements with 
     non-NASA entities.
       (c) Implementation Plan.--Within 1 year after the date of 
     enactment of this Act, the Administrator shall provide an 
     implementation plan to the Senate Committee on Commerce, 
     Science, and Transportation and the

[[Page 13355]]

     House of Representatives Committee on Science for 
     establishment of the ISS national laboratory facility which, 
     at a minimum, shall include--
       (1) proposed on-orbit laboratory functions;
       (2) proposed ground-based laboratory facilities;
       (3) detailed laboratory management structure, concept of 
     operations, and operational feasibility;
       (4) detailed plans for integration and conduct of ground 
     and space-based research operations;
       (5) description of funding and workforce resource 
     requirements necessary to establish and operate the 
     laboratory;
       (6) plans for accommodation of existing international 
     partner research obligations and commitments; and
       (7) detailed outline of actions and timeline necessary to 
     implement and initiate operations of the laboratory.
       (d) U.S. Segment Defined.--In this section the term 
     ``United States Segment of the ISS'' means those elements of 
     the ISS manufactured--
       (1) by the United States; or
       (2) for the United States by other nations in exchange for 
     funds or launch services.

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

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

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

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

            TITLE III--NATIONAL SPACE TRANSPORTATION POLICY

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

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

     SEC. 302. SPACE SHUTTLE TRANSITION.

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

     SEC. 303. COMMERCIAL LAUNCH VEHICLES.

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

     SEC. 304. SECONDARY PAYLOAD CAPABILITY.

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

                 TITLE IV--ENABLING COMMERCIAL ACTIVITY

     SEC. 401. COMMERCIALIZATION PLAN.

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

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

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

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

       ``(a) Program Authorized.--
       ``(1) In general.--The Administrator may carry out a 
     program to award prizes to stimulate innovation in basic and 
     applied research, technology development, and prototype 
     demonstration that have the potential for application to the 
     performance of the space and aeronautical activities of the 
     Administration.
       ``(2) Use of prize authority.--In carrying out the program, 
     the Administrator shall seek to develop and support 
     technologies and areas identified in section 134 of this Act 
     or other areas that the Administrator determines to be 
     providing impetus to NASA's overall exploration and science 
     architecture and plans, such as private efforts to detect 
     near Earth objects and, where practicable, utilize the prize 
     winner's technologies in fulfilling NASA's missions. The 
     Administrator shall widely advertise any competitions 
     conducted under the program and must include advertising to 
     research universities.
       ``(3) Coordination.--The program shall be implemented in 
     compliance with section 138 of the National Aeronautics and 
     Space Administration Authorization Act of 2005.
       ``(b) Program Requirements.--
       ``(1) Competitive process.--Recipients of prizes under the 
     program under this section shall be selected through one or 
     more competitions conducted by the Administrator.
       ``(2) Advertising.--The Administrator shall widely 
     advertise any competitions conducted under the program.
       ``(c) Registration; Assumption of Risk.--
       ``(1) Registration.--Each potential recipient of a prize in 
     a competition under the program under this section shall 
     register for the competition.
       ``(2) Assumption of risk.--In registering for a competition 
     under paragraph (1), a potential recipient of a prize shall 
     assume any and all risks, and waive claims against the United 
     States Government and its related entities, for any injury, 
     death, damage, or loss of property, revenue, or profits, 
     whether direct, indirect, or consequential, arising from 
     participation in the competition, whether such injury, death, 
     damage, or loss arises through negligence or otherwise, 
     except in the case of willful misconduct.

[[Page 13356]]

       ``(3) Related entity defined.--In this subsection, the term 
     `related entity' includes a contractor or subcontractor at 
     any tier, a supplier, user, customer, cooperating party, 
     grantee, investigator, or detailee.
       ``(d) Limitations.--
       ``(1) Total amount.--The total amount of cash prizes 
     available for award in competitions under the program under 
     this section in any fiscal year may not exceed $50,000,000.
       ``(2) Approval required for large prizes.--No competition 
     under the program may result in the award of more than 
     $1,000,000 in cash prizes without the approval of the 
     Administrator or a designee of the Administrator.
       ``(e) Relationship to Other Authority.--The Administrator 
     may utilize the authority in this section in conjunction with 
     or in addition to the utilization of any other authority of 
     the Administrator to acquire, support, or stimulate basic and 
     applied research, technology development, or prototype 
     demonstration projects.
       ``(f) Availability of Funds.--Funds appropriated for the 
     program authorized by this section shall remain available 
     until expended.''.

     SEC. 403. COMMERCIAL GOODS AND SERVICES.

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

           TITLE V--MISCELLANEOUS ADMINISTRATIVE IMPROVEMENTS

     SEC. 501. EXTENSION OF INDEMNIFICATION AUTHORITY.

       Section 309 of the National Aeronautics and Space Act of 
     1958 (42 U.S.C. 2458c) is amended by striking ``December 31, 
     2002'' and inserting ``December 31, 2007'', and by striking 
     ``September 30, 2005'' and inserting ``December 31, 2009''.

     SEC. 502. INTELLECTUAL PROPERTY PROVISIONS.

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

     SEC. 503. RETROCESSION OF JURISDICTION.

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

     ``SEC. 317. RETROCESSION OF JURISDICTION.

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

     SEC. 504. RECOVERY AND DISPOSITION AUTHORITY.

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

     ``SEC. 318. RECOVERY AND DISPOSITION AUTHORITY.

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

     SEC. 505. REQUIREMENT FOR INDEPENDENT COST ANALYSIS.

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

     SEC. 506. ELECTRONIC ACCESS TO BUSINESS OPPORTUNITIES.

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

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

       ``(a) In General.--The Administrator may implement a pilot 
     program providing for reduction in the waiting period between 
     publication of notice of a proposed contract action and 
     release of the solicitation for procurements conducted by the 
     National Aeronautics and Space Administration.
       ``(b) Applicability.--The program implemented under 
     subsection (a) shall apply to non-commercial acquisitions--
       ``(1) with a total value in excess of $100,000 but not more 
     than $5,000,000, including options;
       ``(2) that do not involve bundling of contract requirements 
     as defined in section 3(o) of the Small Business Act (15 
     U.S.C. 632(o)); and
       ``(3) for which a notice is required by section 8(e) of the 
     Small Business Act (15 U.S.C. 637(e)) and section 18(a) of 
     the Office of Federal Procurement Policy Act (41 U.S.C. 
     416(a)).
       ``(c) Notice.--
       ``(1) Notice of acquisitions subject to the program 
     authorized by this section shall be made accessible through 
     the single Government-wide point of entry designated in the

[[Page 13357]]

     Federal Acquisition Regulation, consistent with section 
     30(c)(4) of the Office of Federal Procurement Policy Act (41 
     U.S.C. 426(c)(4)).
       ``(2) Providing access to notice in accordance with 
     paragraph (1) satisfies the publication requirements of 
     section 8(e) of the Small Business Act (15 U.S.C. 637(e)) and 
     section 18(a) of the Office of Federal Procurement Policy Act 
     (41 U.S.C. 416(a)).
       ``(d) Solicitation.--Solicitations subject to the program 
     authorized by this section shall be made accessible through 
     the Government-wide point of entry, consistent with 
     requirements set forth in the Federal Acquisition Regulation, 
     except for adjustments to the wait periods as provided in 
     subsection (e).
       ``(e) Wait Period.--
       ``(1) Whenever a notice required by section 8(e)(1)(A) of 
     the Small Business Act (15 U.S.C. 637(e)(1)(A)) and section 
     18(a) of the Office of Federal Procurement Policy Act (41 
     U.S.C. 416(a)) is made accessible in accordance with 
     subsection (c) of this section, the wait period set forth in 
     section 8(e)(3)(A) of the Small Business Act (15 U.S.C. 
     637(e)(3)(A)) and section 18(a)(3)(A) of the Office of 
     Federal Procurement Policy Act (41 U.S.C. 416(a)(3)(A)), 
     shall be reduced by 5 days. If the solicitation applying to 
     that notice is accessible electronically in accordance with 
     subsection (d) simultaneously with issuance of the notice, 
     the wait period set forth in section 8(e)(3)(A) of the Small 
     Business Act (15 U.S.C. 637(e)(3)(A)) and section 18(a)(3)(A) 
     of the Office of Federal Procurement Policy Act (41 U.S.C. 
     416(a)(3)(A)) shall not apply and the period specified in 
     section 8(e)(3)(B) of the Small Business Act and section 
     18(a)(3)(B) of the Office of Federal Procurement Policy Act 
     for submission of bids or proposals shall begin to run from 
     the date the solicitation is electronically accessible.
       ``(2) When a notice and solicitation are made accessible 
     simultaneously and the wait period is waived pursuant to 
     paragraph (1), the deadline for the submission of bids or 
     proposals shall be not less than 5 days greater than the 
     minimum deadline set forth in section 8(e)(3)(B) of the Small 
     Business Act (15 U.S.C. 637(e)(3)(B)) and section 18(a)(3)(B) 
     of the Office of Federal Procurement Policy Act (41 U.S.C. 
     416(a)(3)(B)).
       ``(f) Implementation.--
       ``(1) Nothing in this section shall be construed as 
     modifying regulatory requirements set forth in the Federal 
     Acquisition Regulation, except with respect to--
       ``(A) the applicable wait period between publication of 
     notice of a proposed contract action and release of the 
     solicitation; and
       ``(B) the deadline for submission of bids or proposals for 
     procurements conducted in accordance with the terms of this 
     pilot program.
       ``(2) This section shall not apply to the extent the 
     President determines it is inconsistent with any 
     international agreement to which the United States is a 
     party.
       ``(g) Study.--Within 18 months after the effective date of 
     the program, NASA, in coordination with the Small Business 
     Administration, the General Services Administration, and the 
     Office of Management and Budget, shall evaluate the impact of 
     the pilot program and submit to Congress a report that--
       ``(1) sets forth in detail the results of the test, 
     including the impact on competition and small business 
     participation; and
       ``(2) addresses whether the pilot program should be made 
     permanent, continued as a test program, or allowed to expire.
       ``(h) Regulations.--The Administrator shall publish 
     proposed revisions to the NASA Federal Acquisition Regulation 
     Supplement necessary to implement this section in the Federal 
     Register not later than 120 days after the date of enactment 
     of the National Aeronautics and Space Administration 
     Authorization Act of 2005. The Administrator shall--
       ``(1) make the proposed regulations available for public 
     comment for a period of not less than 60 days; and
       ``(2) publish final regulations in the Federal Register not 
     later than 240 days after the date of enactment of that Act.
       ``(i) Effective Date.--
       ``(1) In general.--The pilot program authorized by this 
     section shall take effect on the date specified in the final 
     regulations promulgated pursuant to subsection (h)(2).
       ``(2) Limitation.--The date so specified shall be no less 
     than 30 days after the date on which the final regulation is 
     published.
       ``(j) Expiration of Authority.--The authority to conduct 
     the pilot program under subsection (a) and to award contracts 
     under such program shall expire 2 years after the effective 
     date established in the final regulations published in the 
     Federal Register under subsection (h)(2).''.

     SEC. 507. REPORTS ELIMINATION.

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

  Mr. NELSON of Florida. Mr. President, I am pleased to join Senator 
Hutchison today in sponsoring a NASA Authorization Act that provides 
policy guidance for keeping NASA on track to achieve their objectives; 
and to ensure that there is a good balance between the different 
activities that NASA performs.
  As chair and ranking member of the Commerce Committee's Subcommittee 
on Science and Space, Senator Hutchison and I believe that through this 
bill, Congress can provide constructive support to the good work being 
done by Administrator Michael Griffin, as they begin to implement the 
President's vision and prepare NASA for the challenges of the future.
  This is a 5-year bill, authorizing NASA from 2006 through 2010. It 
authorizes NASA appropriations in excess of the President's Budget 
Request.
  For fiscal year 2006, the President requested $16.456 billion, which 
is a 2.4 percent increase over the fiscal year 2005 NASA operating 
budget. This bill authorizes $16.556 billion for fiscal year 2006, 
which is a 3.0 percent increase over the fiscal year 2005 NASA 
operating budget. This bill authorizes increases at a level of about 3 
percent each year, consistently providing more funding than the 
President's budget projection.
  Like many of our colleagues, we believe that recent NASA budget 
requests have been below the levels required for NASA to perform its 
various missions effectively. Once this bill is enacted, we intend to 
work with the Appropriations Committee to ensure that adequate funds 
are provided for NASA to succeed.
  This legislation authorizes NASA to return humans to the Moon, to 
explore it, and to maintain a human presence on the Moon. Consistent 
with the President's vision, it also requires using what we learn and 
develop on the Moon as a stepping-stone to future exploration of Mars.
  To carry out these missions, our bill requires NASA to develop an 
implementation plan for the transition from shuttle to crew exploration 
vehicle, CEV. The plan will help NASA to make a smooth transition from 
retirement of the space shuttle orbiters to the replacement spacecraft 
systems. The implementation plan will help make sure that we can keep 
the skills and the focus that are needed to assure that each space 
shuttle flight is safe through retirement of the orbiters, and to 
retain those personnel needed for the CEV and heavy lift cargo 
spacecraft.
  It is essential to our national security that we prevent any hiatus 
or gap in which the United States cannot send astronauts to space 
without relying on a foreign country. The Russians have been good 
partners in construction of the international space station, and the 
Soyuz spacecraft has been a reliable vehicle for our astronauts. But 
with all of the uncertainties in our relationship with Russia, we 
simply cannot allow ourselves the vulnerability of being totally 
dependent on the Soyuz. We need to maintain assured access to space by 
U.S. astronauts on a continuous basis. We therefore require in this 
legislation, that there not be a hiatus between the retirement of the 
space shuttle orbiters and the availability of the next generation U.S. 
human-rated spacecraft.
  We recognize that NASA has some concerns regarding our position on a 
hiatus, and we are aware of Dr. Griffin's efforts to reduce the 
potential for a gap. We will work with NASA as this legislation moves 
forward to ensure that a compromise is reached that is mutually 
satisfying. This provision does not unduly tie the Administrator's 
hands, while still guaranteeing us assured access to space.
  Our bill directs NASA to plan for and consider a Hubble servicing 
mission after the 2 space shuttle return to flight missions have been 
completed.

[[Page 13358]]

  Americans are inspired by the images that Hubble produces. The new 
instruments to be added during the SM-4 Hubble servicing mission will 
produce higher quality images; enable us to see further into space; and 
give scientists a better understanding of our Universe's past, and 
perhaps of our future. The replacement gyroscopes and batteries that 
are planned for the mission will extend Hubble's life by 5 or more 
years.
  This NASA authorization bill calls for utilization of the 
international space station for basic science as well as exploration 
science. It is important that we reap the benefits of our multi-billion 
dollar investment in the space station. The promise of some basic 
science research requires a microgravity or a space environment for us 
to better understand the problem that we are trying to solve. This bill 
ensures that NASA will maintain a focus on the importance of basic 
science.
  This bill directs NASA to improve its safety culture. According to 
the Columbia Accident Investigation Board, CAIB, report, the safety 
culture at NASA was as much a cause of the Columbia tragedy as the 
physical cause. Low and mid-level personnel felt that you could not 
elevate safety concerns without reprisals, or being ignored. NASA has 
already taken significant steps to address these problems, but we need 
to assure that the safety culture improves as quickly as possible and 
that it continues to improve.
  This legislation proposes that the Aerospace Safety Advisory Panel 
monitor and measure NASA's improvements to their safety culture, 
including employees' fear of reprisals for voicing concerns about 
safety.
  It also contains policy regarding NASA's need to consider and 
implement lessons learned, in order to avoid another preventable 
tragedy like the Challenger and Columbia disasters.
  This authorization bill addresses NASA aeronautics and America's pre-
eminence in aviation. The Europeans have stated their intent to 
dominate the airplane market by 2020. This bill directs the President, 
through the Director of the Office of Science and Technology Policy, 
OSTP, to work with NASA and other Federal agencies to develop a 
national policy for aeronautics. It also directs NASA to evaluate its 
core aeronautics research.
  Many people do not realize that NASA does research for improving 
airplanes. NASA conducts research that makes airplanes safer, quieter, 
more fuel efficient, and less polluting. This important function of 
NASA needs to be continued and further developed.
  Senator Hutchison and I expect to mark this bill up in the Commerce 
Committee later this week, and hope to have time to consider it on the 
floor before the August recess. I will urge all of my colleagues to 
support this important legislation. NASA has a new direction, and they 
have outstanding new leadership in Dr. Griffin.
  We have an opportunity to authorize NASA for: implementing the Vision 
for Space Exploration; renewing our commitment to U.S. aviation and 
NASA aeronautics research; retaining or resurrecting very important 
science activities at NASA; and assuring that America has continuous 
human access to space.
  By doing so, we will continue to advance our national security, 
strengthen our economy, inspire the next generation of explorers, and 
fulfill our destiny as explorers.
                                 ______
                                 
      By Mrs. CLINTON (for herself, Mr. Warner, Ms. Mikulski, Mr. 
        Smith, Mr. Kennedy, Ms. Collins, Mr. Jeffords, Mr. Bond, Mrs. 
        Murray, Mr. Cochran, Mrs. Boxer, Ms. Snowe, Mr. Kerry, Mr. 
        Talent, Mr. Nelson of Nebraska, Mr. Coleman, Mr. Durbin, and 
        Mr. Hagel):
  S. 1283. A bill to amend the Public Health Service Act to establish a 
program to assist family caregivers in accessing affordable and high-
quality respite care, and for other purposes; to the Committee on 
Health, Education, Labor, and Pensions.
  Mrs. CLINTON. Mr. President, I am proud to reintroduce the Lifespan 
Respite Care Act of 2005 today with my colleague Senator John Warner. 
I'd like to express my sincere thanks to Senator Warner for his 
leadership on this legislation which would make much needed quality 
respite care available and accessible to families and family caregivers 
in need.
  Caregiving needs do not discriminate: they demand the time and 
resources of millions of American families from all socioeconomic, 
ethnic, and educational backgrounds.
  Caregivers today provide an enormous portion of our health and long-
term care for older adults and individuals with disabilities. Although 
much of family caregiving is unpaid, it is not without cost. In fact, 
it is estimated that if services provided by family caregivers were 
provided instead by paid professionals, they would cost over $200 
billion annually. In addition, food, medicines and other caregiving 
necessities place added strain on already tight family budgets.
  Because of their responsibilities at home, it is much more difficult 
for caregivers to find or maintain jobs. Many caregiving families are 
struggling to stay afloat. We simply cannot afford to continue to 
ignore their struggles.
  In addition to the financial costs of family caregiving, this labor 
of love often results in substantial physical and psychological 
hardship. Research suggests that caregivers often put their own health 
and well being at risk while assisting loved ones. Meeting these 
difficult demands can lead to depression, physical illness, anxiety, 
and emotional strain.
  One way to reduce the burden of caregiving is through respite care.
  As you know, respite care is a service that temporarily relieves a 
family member of his or her caregiving duties.
  Respite care provides some much needed relief from the daily demands 
of caregiving for a few hours or a few days. These welcome breaks help 
protect the physical and mental health of the family caregiver, making 
it possible for the individual in need of care to remain in the home.
  Unfortunately, across our country quality respite care remains hard 
to find, and too many caregivers do not even know how to find 
information about available services. Where community respite care 
services do exist, there are often long waiting lists. There are more 
caregivers in need of respite care than there are available respite 
care resources.
  And many caregiving families are hesitant to take advantage of these 
scant resources. Parents and spouses and other family caregivers are 
understandably hesitant to leave their loved ones with untrained staff.
  In an effort to recognize and support the heroic efforts of our 
family caregivers, my husband signed the National Family Caregiver 
Support Program into law as an amendments to the reauthorization of the 
Older Americans Act in 2000.
  Prior to the establishment of this program, there was no 
comprehensive Federal program that supported family caregivers.
  Although the National Family Caregiver Support Program took a step in 
the right direction, further efforts are now necessary to meet the 
increasing needs of family caregivers.
  That is why I am reintroducing the Lifespan Respite Care Act today 
with Senator John Warner. This legislation would improve efficiency and 
reduce duplication in respite service development and delivery. And it 
would make quality respite care available and accessible to families 
and family caregivers, regardless of their Medicaid status, disability, 
or age. It would assure that quality respite care is available for all 
caregivers who provide this labor of love to individuals across the 
lifespan.
  My legislation picks up where the National Family Caregiver Support 
Program leaves off, by recognizing respite as a priority for caregivers 
and elevating respite as a policy priority at the Federal and State 
levels.
  This bill would provide grants to develop a coordinated system of 
respite care services for family caregivers of individuals with special 
needs regardless of age. Funds could also be used to increase respite 
care services or to train respite care workers or volunteers.

[[Page 13359]]

  There is much to do at the local, State, and Federal levels to 
address the growing needs of family caregivers. It is time that we make 
caregiving a national priority and provide the support that our family 
caregivers so desperately need.
  I would like to thank my Senate colleagues for their support of this 
legislation which passed the Senate last Congress. I look forward to 
working with you all to improve the lives of our family caregivers, and 
those for whom they care.
                                 ______
                                 
      By Mrs. BOXER (for herself and Mrs. Feinstein):
  S. 1284. A bill to designate the John L. Burton Trail in the 
Headwaters Forest Reserve, California; to the Committee on Energy and 
Natural Resources.
  Mrs. BOXER. Mr. President, I am honored to introduce today a bill--
cosponsored by Senator Feinstein--to designate a trail in the 
Headwaters Forest Reserve in California after John L. Burton, one of 
California's great public servants. The entire California Democratic 
delegation in the House, led by Representative George Miller, 
introduced the same bill last week.
  John served honorably in the United States House of Representatives 
in the early 1980s and in the California State Assembly, before being 
elected to the California State Senate. There, in 1998, his colleagues 
elected him as the California Senate's President Pro Tem. John devoted 
his career to the service of all Californians, and for that, we honor 
him with this legislation.
  Designating this particular trail is a fitting tribute because a few 
years ago, John was instrumental in protecting the pristine and 
invaluable land that is now known as the Headwaters Forest Reserve. 
Comprised of more than 7,000 acres of ancient redwoods, many of which 
are over 2,000 years old and 300 feet high, the Reserve was saved from 
potentially devastating logging in 1999. Numerous plant species and 
wildlife, including the Marbled Murrelet, dwell in this Reserve. The 
Reserve also protects rivers and streams that provide habitat essential 
for threatened salmon.
  For his service to the people of California and his essential role in 
protecting a priceless parcel of California land, I am proud to 
introduce the John L. Burton Trail Act. Through this small action, we 
recognize and honor a great man and his great work.

                          ____________________