[Congressional Record (Bound Edition), Volume 151 (2005), Part 18]
[Senate]
[Pages 24127-24131]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2335. Mr. HARKIN submitted an amendment intended to be proposed to 
amendment SA 2280 proposed by Mr. Harkin to the bill H.R. 3010, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and Related Agencies for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       Sec. 222. (a) Section 640(i) of the Head Start Act (42 
     U.S.C. 9835(i)) is amended--
       (1) by striking ``(i) The'' and inserting the following:
       ``(i) Transportation Safety.--
       ``(1) Regulations.--The''; and
       (2) by adding at the end the following:
       ``(2) Waiver authority.--
       ``(A) In general.--The Secretary may waive for a period of 
     up to one year the requirements of regulations promulgated 
     under paragraph (1) for one or more vehicles used by the 
     agency or its designee in transporting children enrolled in a 
     Head Start program or an Early Head Start program if--
       ``(i) such requirements pertain to child restraint systems 
     and bus monitors;
       ``(ii) the agency demonstrates that compliance with such 
     requirements will result in a significant disruption to the 
     Head Start program or the Early Head Start program; and
       ``(iii) the waiver is in the best interest of the child.
       ``(B) Renewal.--The Secretary may renew a waiver under 
     subparagraph (A).''.
       (b) Section 1310.12(a) of the Code of Federal Regulations 
     shall be effective beginning on the date that is 120 days 
     after the first reauthorization of the Head Start Act 
     occurring after the date of enactment of this Act.
                                 ______
                                 
  SA 2336. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 2234 proposed by Mr. Coburn to the bill H.R. 3010, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and Related Agencies for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 222, between lines 5 and 6, insert the following:

     SEC. __. DEPARTMENT OF HEALTH AND HUMAN SERVICES AND 
                   DEPARTMENT OF EDUCATION RISK ASSESSMENT.

       (a) Estimate.--The Secretary of Health and Human Services 
     and the Secretary of Education shall estimate improper 
     payments pursuant to section 2 of the Improper Payments 
     Information Act of 2002 (31 U.S.C. 3321 note, Public Law 107-
     300) under--
       (1) in the case of the Secretary of Health and Human 
     Services, the Temporary Assistance for Needy Families Program 
     under part A of title IV of the Social Security Act (42 
     U.S.C. 601 et seq.), the Foster Care and Adoption Assistance 
     Program under part E of title IV of such Act (42 U.S.C. 670 
     et seq,), the Medicaid program under title XIX of such Act 
     (42 U.S.C. 1396 et seq.), the State Children's Health 
     Insurance Program under title XXI of such Act (42 U.S.C. 
     1397aa et seq.), and the Child Care and Development Block 
     Grant Act of 1990 (42 U.S.C. 9858 et seq.); and
       (2) in the case of the Secretary of Education, title I of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et seq.).
       (b) Report.--Not later than 60 days after the date of 
     enactment of this Act, the Secretary of Health and Human 
     Services, in the case of the programs specified in subsection 
     (a)(1), and the Secretary of Education, in the case of the 
     program specified in subsection (a)(2), shall report to 
     Congress on the specific actions taken under each such 
     program to comply with section 2 of the Improper Payments 
     Information Act of 2002, including a schedule for full 
     compliance with such Act within fiscal year 2006.
       (c) Failure to Report.--If the Secretary of Health and 
     Human Services, in the case of a program specified in 
     subsection (a)(1), or the Secretary of Education, in the case 
     of the program specified in subsection (a)(2), fails to 
     report to Congress on specific actions taken to estimate 
     improper payments under such a program by the date described 
     in subsection (b), none of the funds made available in this 
     Act for that program shall be obligated or expended after 
     such date until a report regarding the program that contains 
     the information specified in subsection (b) is submitted to 
     Congress.
                                 ______
                                 
  SA 2337. Mr. COBURN submitted an amendment intended to be proposed to 
amendment SA 2285 proposed by Mrs. Murray to the bill H.R. 3010, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and Related Agencies for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 2, line 5 of the amendment, strike the period and 
     insert ``, and a review of the approval process under section 
     314.510 of title 21, Code of Federal Regulations, of the drug 
     known as RU-486.''.
                                 ______
                                 
  SA 2338. Mr. BROWNBACK submitted an amendment intended to be proposed 
to amendment SA 2319 submitted by Mrs. Clinton to the bill H.R. 3010, 
making appropriations for the Departments of Labor, Health and Human 
Services, and Education, and Related Agencies for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 3 of the amendment, between lines 5 and 6, insert 
     the following:
       (c) Conscience Protection.--Nothing in this section shall 
     be construed to require any hospital that receives Federal 
     funds or any individual to offer, provide, refer for or 
     administer any treatment that has as its effect the 
     destruction or interference with the implantation of a newly 
     conceived human embryo if the offering, provision, referral 
     or administering of such treatment is contrary to

[[Page 24128]]

     the religious beliefs or moral convictions of such hospital 
     or individual.
                                 ______
                                 
  SA 2339. Mrs. CLINTON submitted an amendment intended to be proposed 
by her to the bill H.R. 3010, making appropriations for the Departments 
of Labor, Health and Human Services, and Education, and Related 
Agencies for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       In the amendment strike all after the first word and insert 
     the following:

     __. SURVIVORS OF SEXUAL ASSAULT; PROVISION BY HOSPITALS OF 
                   EMERGENCY CONTRACEPTIVES.

       (a) In General.--No Federal funds appropriated in this Act 
     may be provided to a hospital under any health-related 
     program, unless the hospital meets the conditions specified 
     in subsection (b) in the case of--
       (1) any woman who presents at the hospital and states that 
     she is a victim of sexual assault, or is accompanied by 
     someone who states she is a victim of sexual assault; and
       (2) any woman who presents at the hospital whom hospital 
     personnel have reason to believe is a victim of sexual 
     assault.
       (b) Assistance for Victims.--The conditions specified in 
     this subsection regarding a hospital and a woman described in 
     subsection (a) are as follows:
       (1) The hospital promptly provides the woman with medically 
     and factually accurate and unbiased written and oral 
     information about emergency contraception, including 
     information explaining that--
       (A) emergency contraception does not cause an abortion; and
       (B) emergency contraception is effective in most cases in 
     preventing pregnancy after unprotected sex.
       (2) The hospital promptly offers emergency contraception to 
     the woman, and promptly provides such contraception to her on 
     her request.
       (3) The information provided pursuant to paragraph (1) is 
     in clear and concise language, is readily comprehensible, and 
     meets such conditions regarding the provision of the 
     information in languages other than English as the Secretary 
     may establish.
       (4) The services described in paragraphs (1) through (3) 
     are not denied because of the inability of the woman or her 
     family to pay for the services.
       (c) Definitions.--For purposes of this section:
       (1) The term ``emergency contraception'' means a drug, drug 
     regimen, or device that--
       (A) is used postcoitally;
       (B) prevents pregnancy by delaying ovulation, preventing 
     fertilization of an egg, or preventing implantation of an egg 
     in a uterus; and
       (C) is approved by the Food and Drug Administration.
       (2) The term ``hospital'' has the meanings given such term 
     in title XVIII of the Social Security Act, including the 
     meaning applicable in such title for purposes of making 
     payments for emergency services to hospitals that do not have 
     agreements in effect under such title.
       (3) The term ``Secretary'' means the Secretary of Health 
     and Human Services.
       (4) The term ``sexual assault'' means coitus in which the 
     woman involved does not consent or lacks the legal capacity 
     to consent.
       (d) Effective Date; Agency Criteria.--This section takes 
     effect upon the expiration of the 180-day period beginning on 
     the date of enactment of this Act. Not later than 30 days 
     prior to the expiration of such period, the Secretary shall 
     publish in the Federal Register criteria for carrying out 
     this section.
                                 ______
                                 
  SA 2340. Mr. MARTINEZ (for Ms. Collins (for herself, Mr. Martinez, 
Mr. Lott, and Mr. Nelson of Florida)) proposed an amendment to the bill 
S. 939, to expedite payments of certain Federal emergency assistance 
authorized pursuant to the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act, to authorize the reimbursement under that Act 
of certain expenditures, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Debris Removal Act of 
     2005''.

     SEC. 2. EXPEDITED PAYMENTS.

       (a) Expedited Payments Authorized.--Notwithstanding the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.) (including any regulation 
     promulgated pursuant to that Act), the Secretary of Homeland 
     Security, acting through the Director of the Federal 
     Emergency Management Agency, shall pay to an eligible 
     applicant, in accordance with subsection (b), 50 percent of 
     the Federal share of assistance that the applicant is 
     eligible to receive under section 407 of that Act (42 U.S.C. 
     5173).
       (b) Date of Payment.--A claim described in subsection (a) 
     shall be paid not later than 60 days after the date on which 
     the applicant files an eligible claim for assistance.

     SEC. 3. DEBRIS CLEARANCE, REMOVAL, AND DISPOSAL FROM 
                   EMERGENCY ACCESS ROADS.

       (a) Definition of Emergency Access Road.--In this section, 
     the term ``emergency access road'' means a road that requires 
     access by emergency personnel, including firefighters, 
     police, emergency medical personnel, or any other entity 
     identified by the Secretary of Homeland Security that 
     provides an emergency service after a declaration of an 
     emergency or major disaster (as defined in section 102 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5122)).
       (b) Reimbursement Authorized.--Any reimbursement authorized 
     under section 407 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5173) for clearing 
     and removing debris may include reimbursement for clearing, 
     removing, and disposing of debris from any emergency access 
     road.

     SEC. 4. INCLUSION OF DEBRIS REMOVAL AS ELIGIBLE CLAIM FOR 
                   FEDERAL ASSISTANCE.

       Section 408(c)(2)(A) of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5174(c)(2)(A)) 
     is amended--
       (1) in clause (i), by striking ``and'' at the end;
       (2) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and
       (3) by inserting after clause (ii) the following:
       ``(iii) the removal of debris and wreckage resulting from a 
     major disaster from owner occupied private residential 
     property, utilities, and residential infrastructure (such as 
     a private access route) as necessary for a safe and sanitary 
     living or functioning condition.''.

     SEC. 5. COST SHARE.

       For a period of not less than 180 days after the date of 
     declaration of an emergency or major disaster (as defined in 
     section 102 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5122)) during the period 
     beginning on August 25, 2005 through December 31, 2005, the 
     Federal share of assistance provided to eligible applicants 
     for debris removal under section 407 of that Act (42 U.S.C. 
     5173) shall be 100 percent.

     SEC. 6. GUIDELINES FOR REIMBURSEMENT.

       In light of concerns regarding inconsistent policy 
     memoranda and guidelines issued to counties and communities 
     affected by the 2004 hurricane season, the Secretary of 
     Homeland Security, acting through the Under Secretary for 
     Emergency Preparedness and Response, shall provide clear, 
     concise, and uniform guidelines for the reimbursement to any 
     county or government entity affected by a hurricane of the 
     costs of hurricane debris removal.

     SEC. 7. APPLICABILITY; TERMINATION OF AUTHORITY.

       This Act and the authority provided by this Act (including 
     by any amendment made by this Act) shall--
       (1) apply to each major disaster declared in accordance 
     with section 401 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5170) during calendar 
     year 2005; and
       (2) terminate on the date that is 1 year after the date of 
     enactment of this Act.

                                 ______
                                 
  SA 2341. Mr. MARTINEZ proposed an amendment to the bill S. 939, to 
expedite payments of certain Federal emergency assistance authorized 
pursuant to the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act, to authorize the reimbursement under that Act of 
certain expenditures, and for other purposes; as follows:

       Amend the title so as to read: ``To expedite payments of 
     certain Federal emergency assistance authorized pursuant to 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act, to authorize the reimbursement under that Act 
     of certain expenditures, and for other purposes.''.
                                 ______
                                 
  SA 2342. Mr. SPECTER submitted an amendment intended to be proposed 
to amendment SA 2283 proposed by Mr. Harkin (for himself, Mr. Kennedy, 
Mr. Reid, Mr. Durbin, Mr. Obama, Mr. Bayh, Mr. Kohl, Ms. Mikulski, Mrs. 
Clinton, Mr. Johnson, and Mr. Dayton) to the bill H.R. 3010, making 
appropriations for the Departments of Labor, Health and Human Services, 
and Education, and Related Agencies for the fiscal year ending 
September 30, 2006, and or other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, strike ``$183,589,000: Provided, 
     That $120,000,000 of amounts available for influenza 
     preparedness'' and replace with ``$8,158,589,000: Provided, 
     That $8,095,000,000 of amounts available for influenza 
     preparedness is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006 
     and''
                                 ______
                                 
  SA 2343. Mr. McCONNELL (for Ms. Snowe (for herself, Ms. Cantwell, Mr.

[[Page 24129]]

Stevens, and Mr. Inouye)) proposed an amendment to the bill S. 1280, to 
authorize appropriations for fiscal years 2006 and 2007 for the United 
States Coast Guard, and for other purposes; as follows:

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

Sec. 211. Undocumented Maine fish tenders.

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

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

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

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

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

     SEC. 211. UNDOCUMENTED MAINE FISH TENDERS.

       Not withstanding any other provision of law, a vessel that 
     is ineligible for documentation under chapter 121 of title 
     46, United States Code, because it measures less than 5 net 
     tons, may transport fish or shellfish within the coastal 
     waters of the State of Maine if--
       (1) the vessel transported fish or shellfish pursuant to a 
     valid wholesale seafood license, issued under the authority 
     of section 6851 of title 12 of the Maine Revised Statutes 
     prior to December 31, 2004; and
       (2) the vessel is owned by an individual or entity meeting 
     the citizenship requirements necessary to document a vessel 
     under section 12106 of title 46, United States Code.
       On page 19, line 18, insert ``(a) In General.--'' before 
     ``The''.
       On page 20, after line 25, insert the following:
       (b) Independent Analysis of Revised Deep Water Plan.--
     Within 180 days after the date of enactment of this Act, the 
     Commandant of the Coast Guard may execute a contract with an 
     independent entity--
       (1) to conduct an analysis of the Coast Guard's revised 
     Deepwater Plan; and
       (2) to assess whether--
       (A) the mix of assets and capabilities selected as part of 
     that plan will meet the Coast Guard's criteria of--
       (i) performance; and
       (ii) minimizing total ownership costs; or
       (B) additional or different assets should be considered as 
     part of the plan.
       On page 22, strike lines 13 through 18, and insert the 
     following:
       ``(c)(1) No vessel without a registry endorsement may 
     engage in--
       ``(A) the setting or movement of the anchors or other 
     mooring equipment of a mobile offshore drilling unit that is 
     located over the outer Continental Shelf (as defined in 
     section 2(a) of the Outer Continental Shelf Lands Act (43 
     U.S.c. 1331(a))) whether or not attached to the outer 
     Continental Shelf; or
       ``(B) the movement of merchandise or personnel to or from a 
     point in the United States from or to a mobile offshore 
     drilling unit located over the outer Continental Shelf that 
     is--
       ``(i) not attached to the seabed; or
       ``(ii) attached to the seabed on the outer Continental 
     Shelf but not exploring for oil and gas resources from the 
     outer Continental Shelf.
       ``(2) Nothing in paragraph (1) authorizes the employment in 
     the coastwise trade of a vessel that does not meet the 
     requirements of section 12106 of this title.''.
       On page 22, between lines 18 and 19, insert the following:

     SEC. 218. DISTANT WATER TUNA FLEET.

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

     SEC. 219. AUTOMATIC IDENTIFICATION SYSTEM.

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

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

       (a) In General.--Upon the scheduled decommissioning of the 
     Coast Guard Cutter MACKINAW, the Commandant of the Coast 
     Guard shall convey all right, title, and interest of the 
     United States in and to that vessel to the City and County of 
     Cheboygan, Michigan, without consideration, if--
       (1) the recipient agrees--
       (A) to use the vessel for purposes of a museum;
       (B) not to use the vessel for commercial transportation 
     purposes;
       (C) to make the vessel available to the United States 
     Government if needed for use by the Commandant in time of war 
     or a national emergency; and
       (D) to hold the Government harmless for any claims arising 
     from exposure to hazardous materials, including asbestos and 
     polychlorinated biphenyls (PCBs), after conveyance of the 
     vessel, except for claims arising from the use by the 
     Government under subparagraph (C);
       (2) the recipient has funds available that will be 
     committed to operate and maintain the vessel conveyed in good 
     working condition, in the form of cash, liquid assets, or a 
     written loan commitment, and in an amount of at least 
     $700,000; and
       (3) the recipient agrees to any other conditions the 
     Commandant considers appropriate.
       (b) Maintenance and Delivery of Vessel.--Prior to 
     conveyance of the vessel under this section, the Commandant 
     shall, to the extent practical, and subject to other Coast 
     Guard mission requirements, make every effort to maintain the 
     integrity of the vessel and its equipment until the time of 
     delivery. If a conveyance is made under this section, the 
     Commandant shall deliver the vessel to a suitable mooring in 
     the local area, in its present condition, on or about June 
     10, 2006, and no later than June 30, 2006. The conveyance of 
     the vessel under this section shall not be considered a 
     distribution in commerce for purposes of section 6(e) of 
     Public Law 94-469 (15 U.S.C. 2605(e)).
       (c) Other Excess Equipment.--The Commandant may convey to 
     the recipient any excess equipment or parts from other 
     decommissioned Coast Guard vessels for use to enhance the 
     vessel's operability and function for purposes of a museum.
                                 ______
                                 
  SA 2344. Mr. McCONNELL (for Mr. Inouye) proposed an amendment to the 
bill S. 1280, to authorize appropriations for fiscal years 2006 and 
2007 for the United States Coast Guard, and for other purposes; as 
follows:

       On page 3, after the item relating to section 601, insert 
     the following:

                      TITLE VII--HURRICANE KATRINA

Sec. 701. Sense of the Senate on Coast Guard response to Hurricane 
              Katrina.
Sec. 702. Supplemental authorization of appropriations.
Sec. 703. Report on the use of vessels.
Sec. 704. Use of maritime safety and security teams.

[[Page 24130]]

Sec. 705. Temporary authority to extend duration of merchant mariner 
              licenses and documents.
Sec. 706. Temporary authority to extend duration of vessel certificates 
              of inspection.
Sec. 707. Preservation of leave lost due to Hurricane Katrina 
              operations.
Sec. 708. Reports on impacts to Coast Guard.
Sec. 709. Reports on impacts on navigable waterways.
       On page 44, after line 10, add the following:

                      TITLE VII--HURRICANE KATRINA

     SEC. 701. SENSE OF SENATE ON COAST GUARD RESPONSE TO 
                   HURRICANE KATRINA.

       (a) Findings.--The Senate makes the following findings:
       (1) The response of the Coast Guard to Hurricane Katrina 
     was exemplary.
       (2) The Coast Guard strategically positioned its aircraft, 
     vessels, and personnel the day before Hurricane Katrina made 
     landfall and launched search and rescue teams within hours 
     after Hurricane Katrina struck.
       (3) The impacts of Hurricane Katrina were unprecedented, 
     and the Coast Guard rose to meet the challenges presented by 
     such impacts.
       (4) The Coast Guard moved its operations in areas 
     threatened by Hurricane Katrina to higher ground and 
     mobilized cutters, small boats, and aircraft from all around 
     the United States to help in the response to Hurricane 
     Katrina.
       (5) The Coast Guard rescued more than 33,000 people 
     affected by Hurricane Katrina through the air and by water, 
     including evacuations of hospitals, and has been at the 
     center of efforts to restore commerce to areas affected by 
     Hurricane Katrina by clearing shipping channels, replacing 
     aids to navigation, and securing uprooted oil rigs.
       (6) The Coast Guard has been at the forefront of the 
     Federal response to the numerous oil and chemical spills in 
     the area affected by Hurricane Katrina.
       (7) As an indication of the effectiveness of the Coast 
     Guard in a time of emergency, the Chief of Staff of the Coast 
     Guard was placed in charge of coordinating all response 
     operations relating to Hurricane Katrina.
       (b) Sense of Senate.--It is the sense of the Senate that 
     the Coast Guard should play a major role in the event of any 
     future national emergency or disaster caused by a natural 
     event in the United States in a coastal or offshore area.

     SEC. 702. SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization of Appropriations.--In addition to 
     amounts provided to the Coast Guard from another Federal 
     agency for reimbursement of expenditures for Hurricane 
     Katrina, there are authorized to be appropriated for fiscal 
     year 2005 to the Secretary of the department in which the 
     Coast Guard is operating the following amounts for non-
     reimbursed expenditures:
       (1) For the operation and maintenance of the Coast Guard in 
     responding to Hurricane Katrina, including, but not limited 
     to, search and rescue efforts, clearing channels, and 
     emergency response to oil and chemical spills, and for 
     increased costs of operation and maintenance of the Coast 
     Guard due to higher than expected fuel costs, $200,000,000.
       (2) For the acquisition, construction, renovation, and 
     improvement of aids to navigation, shore and offshore 
     facilities, and vessels and aircraft, including equipment 
     related thereto, related to damage caused by Hurricane 
     Katrina, $300,000,000.
       (b) Construction With Other Funding.--The amounts 
     authorized to be appropriated by subsection (a) are in 
     addition to any other amounts authorized to be appropriated 
     for fiscal year 2005 to the Secretary of the department in 
     which the Coast Guard is operating under any other provision 
     of law.
       (c) Availability.--The amounts authorized to be 
     appropriated by subsection (a) shall remain available until 
     expended.

     SEC. 703. REPORT ON THE USE OF VESSELS.

       (a) In General.--The Inspector General of the Department of 
     Homeland Security shall review any contract valued at 
     $10,000,000 or more entered into by or on behalf of the 
     United States Government with an owner, charterer, managing 
     operator, agent or person in charge of a vessel in response 
     to Hurricane Katrina to determine whether--
       (1) the contract price, as modified, was appropriate and 
     reasonable, and based on current, accurate, and complete cost 
     and pricing data;
       (2) information other than certified cost or pricing data 
     was relied upon;
       (3) applicable procurement laws and regulations were 
     followed to the extent practicable throughout the award and 
     contract administration process; and
       (4) there were any irregularities or deviations in the 
     award and subsequent oversight and administration of the 
     contract.
       (b) Report.--No later than 9 months after the date of 
     enactment of this Act, the Inspector General shall transmit a 
     report of results of the review with findings and 
     recommendations, including possible legislative or regulatory 
     changes, or improvements to the contracting process 
     immediately following a disaster, to the Senate Committee on 
     Commerce, Science, and Transportation, and the House of 
     Representatives Committee on Transportation and 
     Infrastructure.

     SEC. 704. USE OF MARITIME SAFETY AND SECURITY TEAMS.

       Section 70106 of title 46, United States Code, is amended 
     by adding at the end the following new subsection:
       ``(d) Implementation of Coast Guard Missions.--The 
     Secretary may also use maritime safety and security teams to 
     implement any other mission of the Coast Guard.''.

     SEC. 705. TEMPORARY AUTHORITY TO EXTEND DURATION OF MERCHANT 
                   MARINER LICENSES AND DOCUMENTS.

       (a) Merchant Mariner Licenses.--The Secretary of the 
     department in which the Coast Guard is operating may 
     temporarily extend the expiration date of any merchant 
     mariner license issued pursuant to chapter 71 of title 46, 
     United States Code, when such action is deemed appropriate 
     and necessary.
       (b) Merchant Mariner Documents.--The Secretary of the 
     department in which the Coast Guard is operating may 
     temporarily extend the expiration date of any merchant 
     mariner's document issued pursuant to chapter 73 of title 46, 
     United States Code, when such action is deemed appropriate 
     and necessary.
       (c) Scope of Authority.--Any extension under subsection (a) 
     or (b) may be granted to individual mariners or to 
     specifically identified groups of mariners.
       (d) Expiration of Authority.--The authorities provided in 
     this section shall expire on September 30, 2007.

     SEC. 706. TEMPORARY AUTHORITY TO EXTEND DURATION OF VESSEL 
                   CERTIFICATES OF INSPECTION.

       (a) In General.--Notwithstanding any other provision of 
     law, the Secretary of the department in which the Coast Guard 
     is operating may temporarily extend the expiration date or 
     validity of any Certificate of Inspection or Certificate of 
     Compliance issued pursuant to subtitle II of title 46, United 
     States Code.
       (b) Expiration of Authority.--The authority provided in 
     this section shall expire on September 30, 2007.

     SEC. 707. PRESERVATION OF LEAVE LOST DUE TO HURRICANE KATRINA 
                   OPERATIONS.

       (a) Preservation of Leave.--Notwithstanding section 701(b) 
     of title 10, United States Code, any member of the Coast 
     Guard who serves on active duty for a continuous period of 30 
     days, who is assigned to duty or otherwise detailed in 
     support of units or operations in the Eighth Coast Guard 
     District area of responsibility for activities to mitigate 
     the consequences of, or assist in the recovery from, 
     Hurricane Katrina, during the period beginning on August 28, 
     2005, and ending on January 1, 2006, and who would otherwise 
     lose any accumulated leave in excess of 60 days as a 
     consequence of such assignment, is authorized to retain an 
     accumulated total of up to 90 days of leave.
       (b) Excess Leave.--Leave in excess of 60 days accumulated 
     under subsection (a) shall be lost unless used by the member 
     before the commencement of the second fiscal year following 
     the fiscal year in which the assignment commences, in the 
     case of a Reserve members, the year in which the period of 
     active service is completed.

     SEC. 708. REPORTS ON IMPACTS TO COAST GUARD.

       (a) Reports Required.--
       (1) Interim report.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of the department 
     in which the Coast Guard is operating shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives an interim report on the 
     impacts of Hurricane Katrina and the response of the Coast 
     Guard to such impacts.
       (2) Final report.--Not later than 180 days after the date 
     of the date of the submittal of the report required by 
     paragraph (1), the Secretary of the department in which the 
     Coast Guard is operating shall submit to the committees of 
     Congress referred to in that paragraph a final report on the 
     impacts of Hurricane Katrina and the response of the Coast 
     Guard to such impacts.
       (b) Elements.--Each report required by subsection (a) shall 
     include the following:
       (1) A discussion and assessment of the impacts of Hurricane 
     Katrina on the facilities, aircraft, vessels, and other 
     assets of the Coast Guard, including an assessment of such 
     impacts on pending or proposed replacements or upgrades of 
     facilities, aircraft, vessels, or other assets of the Coast 
     Guard.
       (2) A discussion and assessment of the impact of Hurricane 
     Katrina on Coast Guard operations and strategic goals.
       (3) A statement of the number of emergency drills held by 
     the Coast Guard during the five-year period ending on the 
     date of the report with respect to natural disasters and with 
     respect to security incidents.
       (4) A description and assessment of the lines of 
     communication and reporting within the Coast Guard, and 
     between the Coast Guard and other departments and agencies of 
     the Federal Government and State and local governments, as 
     well as the interoperability of such communications, during 
     the response to Hurricane Katrina.
       (5) A discussion and assessment of the financial impact on 
     Coast Guard operations during fiscal years 2005 and 2006 of 
     unbudgeted increases in prices of fuel.

[[Page 24131]]



     SEC. 709. REPORTS ON IMPACTS ON NAVIGABLE WATERWAYS.

       (a) Reports Required.--
       (1) Interim report.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of the department 
     in which the Coast Guard is operating shall, in consultation 
     with the Secretary of Commerce, submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives a report on the impacts of Hurricane 
     Katrina on navigable waterways and the response of the Coast 
     Guard to such impacts.
       (2) Final report.--Not later than 180 days after the date 
     of the submittal of the report required by paragraph (1), the 
     Secretary of the department in which the Coast Guard is 
     operating shall, in consultation with the Secretary of 
     Commerce, submit to the committees of Congress referred to in 
     that paragraph a report on the impacts of Hurricane Katrina 
     on navigable waterways with respect to missions within the 
     jurisdiction of the Coast Guard and the response of the Coast 
     Guard to such impacts.
       (b) Elements.--Each report required by subsection (a) shall 
     include the following:
       (1) A discussion and assessment of the impacts, and 
     associated costs, of Hurricane Katrina on--
       (A) the navigable waterways of the United States;
       (B) facilities located in or on such waterways;
       (C) aids to navigation to maintain the safety of such 
     waterways; and
       (D) any other equipment located in or on such waterways 
     related to a mission of the Coast Guard.
       (2) An estimate of the costs to the Coast Guard of 
     restoring the resources described in paragraph (1) and an 
     assessment of the vulnerability of such resources to natural 
     disasters in the future.
       (3) A discussion and assessment of the environmental 
     impacts in areas within the Coast Guard's jurisdiction of 
     Hurricane Katrina, with a particular emphasis on any releases 
     of oil or hazardous chemicals into the navigable waterways of 
     the United States.
       (4) A discussion and assessment of the response of the 
     Coast Guard to the impacts described in paragraph (3), 
     including an assessment of environmental vulnerabilities in 
     natural disasters in the future and an estimate of the costs 
     of addressing such vulnerabilities.
       (c) Navigable Waterways of the United States.--In this 
     section, the term ``navigable waterways of the United 
     States'' includes waters of the United States as described in 
     Presidential Proclamation No. 5928 of December 27, 1988.

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