[House Report 109-204]
[From the U.S. Government Printing Office]
109th Congress Rept. 109-204,
HOUSE OF REPRESENTATIVES
1st Session Part 1
======================================================================
COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2005
_______
July 28, 2005.--Ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Transportation and
Infrastructure, submitted the following
R E P O R T
[To accompany H.R. 889]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 889) to authorize appropriations
for the Coast Guard for fiscal year 2006, to make technical
corrections to various laws administered by the Coast Guard,
and for other purposes, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coast Guard and Maritime
Transportation 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.
TITLE II--COAST GUARD
Sec. 201. Extension of Coast Guard vessel anchorage and movement
authority.
Sec. 202. International training and technical assistance.
Sec. 203. Officer promotion.
Sec. 204. Coast Guard band director.
Sec. 205. Authority for one-step turnkey design-build contracting.
Sec. 206. Reserve recall authority.
Sec. 207. Reserve officer distribution.
Sec. 208. Expansion of use of auxiliary equipment to support coast
guard missions.
Sec. 209. Coast Guard history fellowships.
TITLE III--SHIPPING AND NAVIGATION
Sec. 301. Treatment of ferries as passenger vessels.
Sec. 302. Great Lakes pilotage annual ratemaking.
Sec. 303. Certification of vessel nationality in drug smuggling cases.
Sec. 304. LNG Tankers.
TITLE IV--MISCELLANEOUS
Sec. 401. Technical corrections.
Sec. 402. Authorization of junior reserve officers training program
pilot program.
Sec. 403. Transfer.
Sec. 404. Long-range vessel tracking system.
Sec. 405. Report.
Sec. 406. Training of cadets at United States Merchant Marine Academy.
Sec. 407. Marine casualty investigations study.
Sec. 408. Conveyance of decommissioned Coast Guard Cutter MACKINAW.
Sec. 409. Deepwater implementation report.
Sec. 410. Helicopters.
Sec. 411. Reports from mortgagees of vessels.
Sec. 412. Newtown Creek, New York City, New York.
TITLE I--AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for fiscal year 2006 for
necessary expenses of the Coast Guard as follows:
(1) For the operation and maintenance of the Coast Guard,
$5,586,400,000, 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.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment related
thereto, $1,903,821,000, 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),
to remain available until expended;
(B) $1,316,300,000 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; and
(C) $284,369,000 is authorized for sustainment of
legacy vessels and aircraft, including equipment
related thereto, and other activities that constitute
the Integrated Deepwater Systems.
(3) To 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.
(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, $35,900,000.
(6) For environmental compliance and restoration at Coast
Guard facilities (other than parts and equipment associated
with operation and maintenance), $12,000,000, to remain
available until expended.
(7) For the Coast Guard Reserve program, including personnel
and training costs, equipment, and services, $119,000,000.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
(a) Active Duty Strength.--The Coast Guard is authorized an end-of-
year strength for active duty personnel of 45,500 for the years ending
on September 30, 2005, and September 30, 2006.
(b) Military Training Student Loads.--The Coast Guard is authorized
average military training student loads as follows:
(1) For recruit and special training for fiscal year 2006,
2,500 student years.
(2) For flight training for fiscal year 2006, 125 student
years.
(3) For professional training in military and civilian
institutions for fiscal year 2006, 350 student years.
(4) For officer acquisition for fiscal year 2006, 1,200
student years.
TITLE II--COAST GUARD
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 new subsection:
``(d) As used in this section `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. INTERNATIONAL TRAINING AND TECHNICAL ASSISTANCE.
(a) In General.--Section 149 of title 14, United States Code, is
amended--
(1) by amending the section heading to read as follows:
``Sec. 149. Assistance to foreign governments and maritime
authorities'';
(2) by inserting before the existing undesignated text the
following new subsection designation and heading: ``(a) Detail
of Members to Assist Foreign Governments.--''; and
(3) by adding at the end the following new subsection:
``(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 item related to such section in the
analysis at the beginning of chapter 7 of title 14, United States Code,
is amended to read as follows:
``149. Assistance to foreign governments and maritime authorities.''.
SEC. 203. OFFICER PROMOTION.
Section 257 of title 14, United States Code, is amended by adding at
the end the following new subsection:
``(f) The Secretary may waive subsection (a) of this section to the
extent necessary to allow officers described therein to have at least
two opportunities for consideration for promotion to the next higher
grade as officers below the promotion zone.''.
SEC. 204. COAST GUARD BAND DIRECTOR.
(a) Band Director Appointment and Grade.--Section 336 of title 14,
United States Code, is amended--
(1) in subsection (b)--
(A) by amending the first sentence to read as
follows: ``The Secretary may designate as the director
any individual determined by the Secretary to possess
the necessary qualifications.''; and
(B) in the second sentence, by striking ``a member so
designated'' and inserting ``an individual so
designated'';
(2) in subsection (c)--
(A) by striking ``of a member'' and inserting ``of an
individual''; and
(B) by striking ``of lieutenant (junior grade) or
lieutenant'' and inserting ``determined by the
Secretary to be most appropriate to the qualifications
and experience of the appointed individual'';
(3) in subsection (d), by striking ``A member'' and inserting
``An individual''; and
(4) in subsection (e)--
(A) by striking ``When a member's designation is
revoked,'' and inserting ``When an individual's
designation is revoked,''; and
(B) by striking ``option:'' and inserting ``option--
''.
(b) Current Director.--The individual serving as Coast Guard band
director on the date of the enactment of this Act may be immediately
promoted to a commissioned grade, not to exceed captain, determined by
the Secretary to be most appropriate to the qualifications and
experience of that individual.
SEC. 205. 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 new section:
``Sec. 677. Turnkey selection procedures
``(a) Authority to Use.--The Secretary may use one-step turnkey
selection procedures for the purpose of entering into contracts for
construction projects.
``(b) Definitions.--In this section:
``(1) 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) The term `construction' includes the construction,
procurement, development, conversion, or extension, of any
facility.
``(3) The term `facility' means a building, structure, or
other improvement to real property.''.
(b) Clerical Amendment.--The analysis at the beginning of such
chapter is amended by inserting after the item relating to section 676
the following:
``677. Turnkey selection procedures.''.
SEC. 206. RESERVE RECALL AUTHORITY.
Section 712(a) of title 14, United States Code, is amended--
(1) by inserting ``, or to aid in prevention of an
imminent,'' after ``during'';
(2) by striking ``or'' before ``catastrophe'';
(3) by inserting ``, 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'' after ``catastrophe'';
(4) by striking ``thirty days in any four month period'' and
inserting ``60 days in any 4-month period''; and
(5) by striking ``sixty days in any two-year period'' and
inserting ``120 days in any 2-year period''.
SEC. 207. RESERVE OFFICER DISTRIBUTION.
Section 724 of title 14, United States Code, is amended--
(1) in subsection (a), by inserting after the first sentence
the following: ``Reserve officers on an active-duty list shall
not be counted as part of the authorized number of officers in
the Reserve.''; and
(2) in subsection (b), by striking so much as precedes
paragraph (2) and inserting the following:
``(b)(1) The Secretary shall, at least once each 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. 208. EXPANSION OF USE OF AUXILIARY EQUIPMENT TO SUPPORT COAST
GUARD MISSIONS.
(a) Use of Motorized Vehicles.--Section 826 of title 14, United
States Code, is amended--
(1) by designating the existing undesignated text as
subsection (a); and
(2) by adding at the end the following new subsection:
``(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 Federal Government property.''.
(b) Appropriations for Facilities.--Section 830(a) of title 14,
United States Code, is amended by striking ``or radio station'' and
inserting ``radio station, or motorized vehicle'' each place it
appears.
SEC. 209. COAST GUARD HISTORY FELLOWSHIPS.
(a) Fellowships Authorized.--Chapter 9 of title 14, United States
Code, is amended by adding at the end the following:
``Sec. 197. Coast Guard history fellowships
``(a) Fellowships.--The Commandant of the Coast Guard shall prescribe
regulations under which the Commandant may award fellowships in Coast
Guard history to individuals who are eligible under subsection (b).
``(b) Eligible Individuals.--An individual shall be eligible under
this subsection if the individual is a citizen or national of the
United States and--
``(1) is a graduate student in United States history;
``(2) has completed all requirements for a doctoral degree
other than preparation of a dissertation; and
``(3) agrees to prepare a dissertation in a subject area of
Coast Guard history determined by the Commandant.
``(c) Regulations.--The regulations prescribed under this section
shall include--
``(1) the criteria for award of fellowships;
``(2) the procedures for selecting recipients of fellowships;
``(3) the basis for determining the amount of a fellowship;
and
``(4) subject to the availability of appropriations, the
total amount that may be awarded as fellowships during an
academic year.''.
(b) Clerical Amendment.--The analysis at the beginning of such
chapter is amended by adding at the end the following:
``197. Coast Guard history fellowships.''.
TITLE III--SHIPPING AND NAVIGATION
SEC. 301. TREATMENT OF FERRIES AS PASSENGER VESSELS.
(a) Ferry Defined.--Section 2101 of title 46, United States Code, is
amended by inserting after paragraph (10a) the following:
``(10b) `ferry' means a vessel that is used on a regular
schedule--
``(A) to provide transportation only between places
that are not more than 300 miles apart, and
``(B) to transport only--
``(i) passengers, or
``(ii) vehicles, or railroad cars, that are
being used, or have been used, in transporting
passengers or goods.''.
(b) Passenger Vessels That Are Ferries.--Section 2101(22) of title
46, United States Code, is amended--
(1) by striking ``or'' after the semicolon at the end of
subparagraph (B);
(2) by striking the period at the end of subparagraph (C) and
inserting ``; or''; and
(3) by adding at the end the following:
``(D) that is a ferry carrying a passenger.''.
(c) Small Passenger Vessels That Are Ferries.--Section 2101(35) of
title 46, United States Code, is amended--
(1) by striking ``or'' after the semicolon at the end of
subparagraph (C);
(2) by striking the period at the end of subparagraph (D) and
inserting ``; or''; and
(3) by adding at the end the following:
``(E) that is a ferry carrying more than 6
passengers.''.
SEC. 302. GREAT LAKES PILOTAGE ANNUAL RATEMAKING.
Section 9303 of title 46, United States Code, is amended--
(1) in subsection (f) by striking ``The'' and inserting
``Before March 1 of each year, the''; and
(2) by adding at the end the following:
``(g) The Secretary shall ensure that the number of full-time
equivalent employees assigned to carry out this section is not less
than 4.''.
SEC. 303. 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 in the matter following subparagraph (C) by
striking ``denial of such claim of registry'' and inserting
``response''.
SEC. 304. LNG TANKERS.
(a) Program.--The Secretary of Transportation shall develop and
implement a program to promote the transportation of liquefied natural
gas to the United States on United States-flag vessels.
(b) Amendment to Deepwater Port Act.--Section 4 of the Deepwater Port
Act of 1974 (33 U.S.C. 1503) is amended by adding at the end the
following:
``(i) To promote the security of the United States, the Secretary
shall give top priority to the processing of a license under this Act
for liquefied natural gas facilities that will be supplied with
liquefied natural gas by United States flag-vessels.''.
(c) Report.--Within 6 months after the date of the enactment of this
Act, the Secretary shall submit a report to the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate on
the implementation of this section.
TITLE IV--MISCELLANEOUS
SEC. 401. TECHNICAL CORRECTIONS.
(a) Requirements for Cooperative Agreements for Voluntary Services.--
Section 93(a)(19) of title 14, United States Code, as amended by
section 201 of the Coast Guard and Maritime Transportation Act of 2004
(Public Law 108-293; 118 Stat. 1031), is amended by redesignating
subparagraphs (1) and (2) in order as subparagraphs (A) and (B).
(b) Correction of Amendment to Chapter Analysis.--Section 212(b) of
the Coast Guard and Maritime Transportation Act of 2004 (Public Law
108-293; 118 Stat. 1037) is amended by inserting ``of title 14'' after
``chapter 17''.
(c) Recommendations to Congress by Commandant of the Coast Guard.--
Section 93(a) of title 14, United States Code, as amended by sections
201 and 217 of the Coast Guard and Maritime Transportation Act of 2004
(Public Law 108-293; 118 Stat. 1031, 1038), is amended by redesignating
paragraph (y) as paragraph (24).
(d) Correction of Reference to Ports and Waterways Safety Act.--
Section 302 of the Coast Guard and Maritime Transportation Act of 2004
(Public Law 108-293; 118 Stat. 1041) is amended by striking ``of
1972''.
(e) Technical Correction of Penalty.--Section 4311(b) of title 46,
United States Code, as amended by section 406 of the Coast Guard and
Maritime Transportation Act of 2004 (Public Law 108-293; 118 Stat.
1043), is amended by striking ``4307(a)of'' and inserting ``4307(a)
of''.
(f) Determining Adequacy of Potable Water.--Section 3305(a) of title
46, United States Code, as amended by section 416(b)(3) of the Coast
Guard and Maritime Transportation Act of 2004 (Public Law 108-293; 118
Stat. 1047), is amended by moving paragraph (2) two ems to the left, so
that the material preceding subparagraph (A) of such paragraph aligns
with the left-hand margin of paragraph (1) of such section.
(g) Renewal of Advisory Group.--Section 418(a) of the Coast Guard and
Maritime Transportation Act of 2004 (Public Law 108-293; 118 Stat.
1049) is amended by striking ``of September 30, 2005'' and inserting
``on September 30, 2005''.
(h) Technical Corrections Relating to References to National Driver
Register.--
(1) Amendment instruction.--Section 609(1) of the Coast Guard
and Maritime Transportation Act of 2004 (Public Law 108-293;
118 Stat. 1058) is amended in the matter preceding subparagraph
(A) by striking ``7302'' and inserting ``7302(c)''.
(2) Omitted word.--Section 7302(c) of title 46, United States
Code, as amended by section 609(1) of the Coast Guard and
Maritime Transportation Act of 2004 (Public Law 108-293; 118
Stat. 1058), is amended--
(A) by inserting ``section'' before ``30305(b)(5)'';
and
(B) by inserting ``section'' before
``30304(a)(3)(A)''.
(3) Extraneous u.s.c. reference.--Section 7703(3) of title
46, United States Code, as amended by section 609(3) of the
Coast Guard and Maritime Transportation Act of 2004 (Public Law
108-293; 118 Stat. 1058), is amended by striking ``(23 U.S.C.
401 note)''.
(i) Vessel Response Plans for Nontank Vessels.--
(1) Correction of vessel references.--Section 311 of the
Federal Water Pollution Control Act (33 U.S.C. 1321), as
amended by section 701 of the Coast Guard and Maritime
Transportation Act of 2004 (Public Law 108-293; 118 Stat.
1067), is amended by striking ``non-tank'' each place it
appears and inserting ``nontank''.
(2) Punctuation error.--Section 701(b)(9) of the Coast Guard
and Maritime Transportation Act of 2004 (Public Law 108-293;
118 Stat. 1068) is amended by inserting close quotation marks
after ``each tank vessel''.
(j) Punctuation Error.--Section 5006(c) of the Oil Pollution Act of
1990 (33 U.S.C. 2736(c)), as amended by section 704(1) of the Coast
Guard and Maritime Transportation Act of 2004 (Public Law 108-293; 118
Stat. 1075), is amended by inserting a comma after ``October 1, 2012''.
(k) Correction to Subtitle Designation.--
(1) Redesignation.--Title 46, United States Code, is amended
by redesignating subtitle VI as subtitle VII.
(2) Clerical amendment.--The table of subtitles at the
beginning of title 46, United States Code, is amended by
striking the item relating to subtitle VI and inserting the
following:
``VII. Miscellaneous........................................ 70101.''.
(l) Corrections to Chapter 701 of Title 46, United States Code.--
Chapter 701 of title 46, United States Code, is amended as follows:
(1) Sections 70118 and 70119, as added by section 801 of the
Coast Guard and Maritime Transportation Act of 2004 (Public Law
108-293; 118 Stat. 1078), are redesignated as sections 70117
and 70118, respectively, and moved to appear immediately after
section 70116 of title 46, United States Code.
(2) Sections 70117 and 70118, as added by section 802 of such
Act (Public Law 108-293; 118 Stat. 1078), are redesignated as
sections 70120 and 70121, respectively, and moved to appear
immediately after section 70119 of title 46, United States
Code.
(3) In section 70120(a), as redesignated by paragraph (2) of
this section, by striking ``section 70120'' and inserting
``section 70119''.
(4) In section 70121(a), as redesignated by paragraph (2) of
this section, by striking ``section 70120'' and inserting
``section 70119''.
(5) In the analysis at the beginning of the chapter, by
striking the items relating to sections 70117 through the
second 70119 and inserting the following:
``70117. Firearms, arrests, and seizure of property.
``70118. Enforcement by State and local officers.
``70119. Civil penalty.
``70120. In rem liability for civil penalties and certain costs.
``70121. Withholding of clearance.''.
(m) Area Maritime Security Advisory Committees; Margin Alignment.--
Section 70112(b) of title 46, United States Code, as amended by section
806 of the Coast Guard and Maritime Transportation Act of 2004 (Public
Law 108-293; 118 Stat. 1082), is amended by moving paragraph (5) two
ems to the left, so that the left-hand margin of paragraph (5) aligns
with the left-hand margin of paragraph (4) of such section.
(n) Technical Correction Regarding Tank Vessel Environmental
Equivalency Evaluation Index.--Section 4115(e)(3) of the Oil Pollution
Act of 1990 (46 U.S.C. 3703a note) is amended by striking ``hull'' the
second place it appears.
(o) Effective Date.--This section shall take effect August 9, 2004.
SEC. 402. AUTHORIZATION OF JUNIOR RESERVE OFFICERS TRAINING PROGRAM
PILOT PROGRAM.
(a) In General.--The Secretary of the department in which the Coast
Guard is operating (in this section referred to as the ``Secretary'')
may carry out a pilot program to establish and maintain a junior
reserve officers training program in cooperation with the Camden County
High School in Camden County, North Carolina.
(b) Program Requirements.--A pilot program carried out by the
Secretary under this section shall provide to students at Camden County
High School--
(1) instruction in subject areas relating to operations of
the Coast Guard; and
(2) training in skills which are useful and appropriate for a
career in the Coast Guard.
(c) Provision of Additional Support.--To carry out a pilot program
under this section, the Secretary may provide to Camden County High
School--
(1) assistance in course development, instruction, and other
support activities;
(2) commissioned, warrant, and petty officers of the Coast
Guard to serve as administrators and instructors; and
(3) necessary and appropriate course materials, equipment,
and uniforms.
(d) Employment of Retired Coast Guard Personnel.--
(1) In general.--Subject to paragraph (2) of this subsection,
the Secretary may authorize the Camden County High School to
employ as administrators and instructors for the pilot program
retired Coast Guard and Coast Guard Reserve commissioned,
warrant, and petty officers who request that employment and who
are approved by the Secretary and Camden County High School.
(2) Authorized pay.--
(A) In general.--Retired members employed under
paragraph (1) of this subsection are entitled to
receive their retired or retainer pay and an additional
amount of not more than the difference between--
(i) the amount the individual would be paid
as pay and allowance if they were considered to
have been ordered to active duty during that
period of employment; and
(ii) the amount of retired pay the individual
is entitled to receive during that period.
(B) Payment to school.--The Secretary shall pay to
Camden County High School an amount equal to one half
of the amount described in subparagraph (A) of this
paragraph, from funds appropriated for that purpose.
(C) Not duty or duty training.--Notwithstanding any
other law, while employed under this subsection, an
individual is not considered to be on active duty or
inactive duty training.
SEC. 403. TRANSFER.
Section 602(b)(2) of the Coast Guard and Maritime Transportation Act
of 2004 (118 Stat. 1051) is amended by striking ``to be conveyed'' and
all that follows through the period and inserting ``to be conveyed to
CAS Foundation, Inc. (a nonprofit corporation under the laws of the
State of Indiana.''.
SEC. 404. LONG-RANGE VESSEL TRACKING SYSTEM.
(a) Pilot Project.--Subject to the availability of appropriations,
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 pursuant to section 70115 of title 46, United States Code.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of the department in which the Coast
Guard is operating $4,000,000 for fiscal year 2006 to carry out the
pilot program authorized under subsection (a).
SEC. 405. REPORT.
(a) In General.--The Commandant of the Coast Guard shall review the
adequacy of assets described in subsection (b) to carry out the Coast
Guard's missions including search and rescue, illegal drug and migrant
interdiction, and fisheries law enforcement. Not later than 180 days
after the date of the enactment of this Act, the Commandant shall
submit a report to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate that includes the findings of that
review and any recommendations to enhance mission capabilities in those
areas.
(b) Areas of Review.--The report under subsection (a) shall provide
information and recommendations on the following assets:
(1) Coast Guard aircraft, including helicopters, stationed at
Air Station Detroit in the State of Michigan.
(2) Coast Guard vessels and aircraft stationed in the
Commonwealth of Puerto Rico.
(3) Coast Guard vessels and aircraft stationed in the State
of Louisiana along the Lower Mississippi River between the Port
of New Orleans and the Red River.
SEC. 406. TRAINING OF CADETS AT UNITED STATES MERCHANT MARINE ACADEMY.
Section 1303(f) of the Merchant Marine Act, 1936 (46 App. U.S.C.
1295b(f)) is amended--
(1) in paragraph (2) by striking ``and'' after the semicolon
at the end;
(2) in paragraph (3) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) on any other vessel considered necessary or appropriate
or in the national interest.''.
SEC. 407. MARINE CASUALTY INVESTIGATIONS STUDY.
(a) Study.--Within 3 months after the date of enactment of this Act,
the Commandant of the Coast Guard shall enter into an agreement with
National Institute for Occupational Safety and Health for a study of
the Coast Guard marine casualty investigation program to examine the
extent to which marine casualty investigations and reports--
(1) result in information and recommendations that prevent
similar casualties;
(2) minimize the effect of similar casualties, given that it
has occurred; and
(3) maximize lives saved in similar casualties, given that
the vessel has become uninhabitable.
(b) Included Elements.--To promote the safety of all those who work
on or travel by water and to protect the marine environment, the study
shall include consideration of--
(1) the adequacy of resources devoted to marine casualty
investigations considering caseload, training and experience of
marine casualty investigators, and duty assignment practices;
(2) investigation standards and methods, including a
comparison of the formal and informal investigation processes;
(3) use of best investigation practices considering
transportation investigation practices used by other Federal
agencies and foreign governments, including the British MAIB
program;
(4) marine casualty data base management and use of casualty
data and information as an input to marine casualty prevention
programs;
(5) the extent to which marine casualty data and information
have been used to improve the survivability and habitability of
vessels involved in marine casualties; and
(6) any changes to current statutes that would clarify Coast
Guard responsibilities for marine casualty investigations and
report.
(c) Report to Congress.--The study, along with its findings and
recommendations, shall be provided to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate within 18 months
after entering into a contract with the Institute.
(d) Authorization of Appropriations.--There is authorized to be
appropriated $625,000 to carry out the study required by this section.
SEC. 408. 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 at the place where the vessel
is located, in its present condition, and without cost to the
Government. 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.
SEC. 409. DEEPWATER IMPLEMENTATION REPORT.
Within 30 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 Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the implementation of the
Integrated Deepwater Program that includes--
(1) a complete timeline for the acquisition of each new
Deepwater asset and the phase-out of legacy assets for the life
of such program;
(2) a projection of the remaining operational lifespan of
each legacy asset;
(3) a detailed justification for each modification in each
Integrated Deepwater Program asset that fulfills the revised
mission needs statement for the program; and
(4) a total cost of the program that aligns with the revised
mission needs statement for the program.
SEC. 410. HELICOPTERS.
(a) In General.--The Secretary of the department in which the Coast
Guard is operating may in accordance with this section acquire or lease
up to four previously used HH-65 helicopters or airframes (or any
combination thereof) that were not under the administrative control of
the Coast Guard on January 1, 2005.
(b) Determination and Certification.--The Secretary shall not acquire
or lease any previously used HH-65 helicopters or airframes under
subsection (a), until the end of the 90-day period beginning on the
date the Secretary notifies the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate that the Secretary
has--
(1) determined that acquiring or leasing such previously used
helicopters or airframes, and making any modifications to such
helicopters or airframes that are needed to ensure those
helicopters and airframes meet the design, construction, and
equipment standards that apply to H-65 helicopters under the
administrative control of the Coast Guard on May 18, 2005, is
more cost-effective than acquiring or leasing an equal number
of MH-68 helicopters; and
(2) certified that the helicopters and airframes will meet
all applicable Coast Guard safety requirements.
SEC. 411. 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. 412. NEWTOWN CREEK, NEW YORK CITY, NEW YORK.
(a) Study.--Of the amounts provided under section 1012 of the Oil
Pollution Act, the Coast Guard shall conduct a study of public health
and safety concerns related to the pollution of Newtown Creek, New York
City, New York, caused by seepage of oil into Newtown Creek from
17,000,000 gallons of underground oil spills in Greenpoint, Brooklyn,
New York.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Coast Guard shall transmit to Congress a report
containing the results of the study.
Purpose of the Legislation
H.R. 889, the Coast Guard and Maritime Transportation Act
of 2005, authorizes approximately $8.7 billion in funding for
the Coast Guard in fiscal year 2006 and makes changes to
current law regarding the Coast Guard and maritime
transportation.
Background and Need for the Legislation
The United States Coast Guard was established on January
28, 1915, through the consolidation of the Revenue Cutter
Service (established in 1790) and the Lifesaving Service
(established in 1848). The Coast Guard later assumed the duties
of three other agencies: the Lighthouse Service (established in
1789), the Steamboat Inspection Service (established in 1838),
and the Bureau of Navigation (established in 1884).
Under section 2 of title 14, United States Code, the Coast
Guard has primary responsibility to enforce or assist in the
enforcement of all applicable Federal laws on, under, and over
the high seas and waters subject to the jurisdiction of the
United States; to ensure safety to life and property at sea; to
protect the marine environment; to carry out domestic and
international icebreaking activities; and to ensure the safety
and security of vessels, ports, waterways, and related
facilities.
As the fifth armed force of the United States, the Coast
Guard also maintain defense readiness to operate as a
specialized service in the Navy upon the declaration of war on
when the President directs. The Coast Guard is composed of
approximately 40,000 active duty military personnel, 8,100
reservists, 6,100 civilian employees, and 37,000 volunteers of
the Coast Guard Auxiliary. The Coast Guard has defended the
Nation in every war since 1790.
In recent years, the Coast Guard has experienced
significant increases in its budget and in the Service's scope
of missions to preserve maritime safety and security. Following
the events of September 11th, the Coast Guard has been
designated as the lead Federal agency with responsibilities for
maritime homeland security. The Coast Guard has quickly
incorporated these new missions with the Service's many
traditional missions of search and rescue, illegal drug and
migrant interdiction, icebreaking operations, oil spill
response and prevention, maritime safety, marine environmental
protection, and fisheries law enforcement. However, the
addition of these new mission demands in combination with the
Service's rapidly deteriorating fleet of vessels and aircraft
is severely testing the Coast Guard's capabilities to carry out
its many important missions.
The Coast Guard has embarked on an ambitious
recapitalization program to replace the Service's legacy fleet
of vessels, aircraft and support systems. The Integrated
Deepwater Systems program (Deepwater) will replace or modernize
more than 90 ships and 200 aircraft used in the Coast Guard's
deepwater missions, with generally occur more than 50 miles
offshore. The Cost Guard submitted a revised Deepwater
implementation plan in response to a Congressional mandate in
March of this year. The re-baselined plan includes
modifications to the original asset mixture and schedule that
was developed well before September 11th and the Coast Guard's
increased emphasis on homeland security missions.
Under the revised implementation plan, the Deepwater
program is scheduled to be completed on a 20-25 year schedule
and is projected to cost approximately $19-24 billion (in 2002
dollars). Both of these figures are increases over the original
Deepwater timeline, and the uncertainty expressed in the ranges
in estimated funding and projected years to completion is of
particular concern to the Committee on Transportation and
Infrastructure. The Committee has exercised close oversight
over the progression of the Deepwater program; however the
Committee has been extremely frustrated with recent
difficulties to obtain detailed information on the projected
delivery dates for assets acquired under the Deepwater plan and
on the strategies that the Coast Guard will employ to sustain
legacy assets until such deliveries. The Committee requires
such information in the future to make authorizations necessary
to successfully complete this extremely important
recapitalization program.
The Committee will continue to oversee the Coast Guard to
ensure that the Service is achieving a balance between its
traditional and homeland security missions. Despite the
particular attention placed on the Coast Guard's homeland
security related missions in recent years, the Service performs
a much broader range of missions to protect lives and property
at sea. It is imperative that the Service's non-homeland
security functions remain priorities for the Coast Guard. The
strength of America's commerce relies on waterborne trade, and
the Coast Guard protects that trade not only from terrorism,
but also from other threats.
The Committee continues to oppose the Administration's
request to transfer Research, Development, Training and
Evaluation funds from the Coast Guard to the Science and
Technology Directorate of the Department of Homeland Security.
Under Section 888 of the Homeland Security Act, the Coast Guard
is to remain intact with all authorities, functions, and
capabilities remaining under the authority of the Service. The
Committee will continue to take steps to maintain the integrity
of the Coast Guard as an independent entity within the
Department.
Summary of the Legislation
Section 1. Short title
Section 1 states that the legislation may be referred to as
the ``Coast Guard and Maritime Transportation Act of 2005''.
TITLE 1--AUTHORIZATION
Title 1 authorizes funding levels and end-of-year military
strength levels and military training student loads for fiscal
year 2006.
Section 101. Authorization of appropriations
Section 101 authorizes approximately $8.7 billion in
funding for the necessary expenses of the Coast Guard in fiscal
year 2006. Paragraph (1) of this section authorizes a funding
level of $5,586,400,000 for the Coast Guard's Operating
Expenses Account including an amount of $39 million to
establish a second Helicopter Interdiction Tactical Squadron
(HITRON) on the west coast. Currently the Coast Guard operates
one HITRON squadron out of Jacksonville, Florida. The Coast
Guard's HITRON squadron carries out illegal drug interdiction
missions in concert with Coast Guard vessels in the Caribbean
Sea and in the Eastern Pacific Ocean. HITRON helicopters
enhance the capabilities of Coast Guard cutters and associated
small boats to pursue and apprehend ``go-fast'' vessels that
attempts to smuggle illicit drugs into the United States. The
Coast Guard has estimated that the HITRON squadron has
prevented an estimated $8.5 tons, or $6 billion in illegal
drugs from entering the United States.
Section 101(2) authorizes $1,903,821,000 for the Coast
Guard's Acquisitions, Construction and Improvements Accounting
including approximately $1.6 billion for the Integrated
Deepwater Systems program (Deepwater). Of the funding
authorized for Deepwater in fiscal year 2006, H.R. 889
authorizes an amount of $1,316,300,000 for the acquisition and
construction of new vessels, aircraft, facilities, and support
systems and an amount of $284,369,000 for the sustainment of
the Coast Guard's legacy vessels and aircraft. The Committee
recommends that the Coast Guard examine ways to decrease the
costs of maintaining and sustaining the Service's legacy
assets, particularly the fleet of 110-foot cutters and the HH-
65 helicopters. The Committee also recommends that the Coast
Guard investigate ways to acquire new assets in an expedited
manner to replace the Service's deteriorating legacy assets.
Without such expedited acquisition, the cost of maintaining
legacy assets will continue to escalate at the expense of
modernization efforts.
Section 101(3) authorizes an amount of $24 million for the
Coast Guard's program to research and develop technologies,
measures, and procedures to enhance the Coast Guard's
capabilities to carry out all of the Service's many missions.
The Committee strongly believes that this funding should remain
under the Coast Guard's direct control and should not be
transferred to any other entity within the Department of
Homeland Security, as the President has again proposed. The
Coast Guard's unique character as a military service with a
widescope of regulatory functions requires that this funding be
available to support missions including defense readiness, search and
rescue, marine environmental protection providing aids to navigation
and protecting America's maritime homeland security.
Section 101(5) authorizes an amount of $35,900,000 for the
Federal share of costs associated with alteration or removal of
bridges that have been identified by the Coast Guard as
obstructions to navigation. The Committee recommends that $20
million of the total amount be utilized to make changes to the
Galveston Causeway Railroad Bridge in Galveston, Texas to
improve navigation safety.
Section 101 also authorizes $12 million for environmental
compliance and restoration at Coast Guard facilities and $119
million for the Coast Guard Reserve program. Lastly, this
section authorizes $1,014,080,000 for retired pay, a mandatory
expenditure.
Section 102. Authorized levels of military strength and training
Section 102 authorizes a Coast Guard end-of-year strength
of 45,500 active duty military personnel for fiscal year 2006.
This level maintains the personnel level that was authorized at
the end of fiscal year 2005. The section also authorizes
average military training student loads for fiscal year 2006 at
the same level as was authorized in fiscal year 2005.
TITLE II--COAST GUARD
Title II amends statutes that authorize activities and
functions of the Coast Guard.
Section 201. Extension of Coast Guard vessel anchorage and movement
authority
Section 201 amends title 14, United States Code, to
redefine the term ``navigable waters of the United States'' to
include territorial waters out to 12 nautical miles from shore.
This amendment updates existing law to reflect the expansion of
U.S. territorial waters from 3 nautical miles to 12 nautical
miles from shore that was made by Presidential Proclamation
Number 5928 on December 27, 1988.
Section 202. International training and technical assistance
Section 202 authorizes the Commandant of the Coast Guard to
conduct international training and to provide technical
assistance to international navies, coast guards and maritime
authorities during regular Coast Guard operations without
requiring a specific request from a third party U.S. Government
agency. The would give the Coast Guard limited authority to
assist international maritime authorities as opportunity or
necessity arises during the course of regular, on-going Coast
Guard operations.
Section 203. Officer promotion
Section 203 authorizes the Secretary of the department in
which the Coast Guard is operating to waive time in grade
requirements for junior and mid-grade officers to ensure that
all officers are considered for promotion earlier than is
currently possible under title 14. This section would grant
officers of the Coast Guard the same below grade promotion
opportunity that is currently authorized for officers of the
other military services. This change would allow the Coast
Guard to have more flexibility in promoting the best qualified
officers.
Section 204. Coast Guard band director
Section 204 authorizes the Secretary to appoint the United
States Coast Guard Band Director at a rank commensurate with
the person's experience and training, rather than requiring the
Director to be appointed as junior officer. The proposal would
also allow the Secretary to appoint a person who is not a
member of the Coast Guard as the Band Director rather than
being limited to only members of the Coast Guard.
Section 205. Authority for one-step turnkey design-build contracting
Section 205 authorizes the Secretary to award consolidated
design-build contracts using a one-step turn-key selection
procedure similar to the authority provided to the Department
of Defense. One-step turn-key would authorize the selection of
a contractor on the basis of price and other evaluation
criteria through a single proposal, in accordance with the
provisions of a firm fixed-price contract, for both the design
and construction of a facility using performance
specifications.
Section 206. Reserve recall authority
Section 206 authorizes the Secretary to order Coast Guard
Reservists to active duty, for not more than sixty days in any
four-month period and not more than one hundred twenty days in
any two-year period, to augment Coast Guard active duty forces.
Section 207. Reserve officer distribution
Section 207 amends Section 724 of title 14, United States
Code, to link Coast Guard Reserve officer authorization levels
to active duty officer authorization levels for junior and mid-
grade officers in order to properly distribute the numbers of
Reserve officers in those grades. The proposal would also make
clear that Reserve officers in an active status are counted
only against the Reserve component strength.
Section 208. Expansion of use of auxiliary equipment to support Coast
Guard missions
Section 208 authorizes the Coast Guard to cover personal
motorized vehicles of members of the Coast Guard Auxiliary, in
limited circumstances, under Coast Guard claims procedures when
an Auxiliary member is towing, under official Coast Guard
orders and in support of Coast Guard missions, trailers that
carry government owned boats and other equipment. Currently, an
Auxiliary member is only eligible for liability coverage under
Coast Guard claims procedures when the member uses his own
vehicle to tow his own boat or Auxiliary equipment that has
been designated for Coast Guard use.
Section 209. Coast Guard history fellowships
Section 209 requires the Secretary to develop regulations
to award Coast Guard History Fellowships to graduate students
who agree to prepare their doctoral dissertations on issues
related to the history of the Coast Guard.
TITLE III--SHIPPING AND NAVIGATION
Title III amends statutes relating to shipping and
navigation in U.S. waters.
Section 301. Treatment of ferries as passenger vessels
Section 301 amends the definition of ``passenger vessel''
and ``small passenger vessel'' to include ferries that carry
passengers with or without charge.
Section 302. Great Lakes pilotage annual ratemaking
Section 302 requires the Coast Guard to review and adjust
pilotage rates as necessary by March 1 of each year, which is
in advance of the opening of the Great Lakes shipping season.
Annual adjustments lend stability to the shipping system by
avoiding the much larger increases that have occurred recently
when multiple years lapse between adjustments. The Committee
assumes the Coast Guard will make any appropriate adjustments,
even small adjustments, each year. The Committee has included
the requirement for four full time equivalent positions to
ensure that the Coast Guard devotes the appropriate resources
to Great Lakes ratemaking.
Section 303. Certification of vessel nationality in drug smuggling
cases
Section 303 amends the Maritime Drug Law Enforcement Act to
strike the requirement that the United States receive a denial
of a vessel's claim of registryfrom a foreign country before
asserting jurisdiction over a vessel. The revised language requires
only that the United States receive a response from a foreign
government regarding the claim of registry.
Section 304. LNG tankers
Section 304 requires the Secretary of Transportation to
develop a program to promote the transportation of liquefied
natural gas (LNG) by the maritime transportation sector. The
section also amends the Deepwater Port Act to direct the
Secretary to prioritize the processing of licenses for LNG
facilities that would be supplied by U.S.-flagged LNG vessels.
TITLE IV--MISCELLANEOUS
Section 401. Technical corrections
Section 401 makes numerous technical corrections to laws
related to the Coast Guard and the maritime transportation
sector.
Section 402. Authorization of junior reserve officers training program
pilot program
Section 402 authorizes the Secretary to carry out a pilot
program to establish a Coast Guard junior reserve officers
training program in Camden County, North Carolina.
Section 403. Transfer
Section 403 authorizes the Secretary to convey a
decommissioned Coast Guard cutter to CAS Foundation, Inc., a
non-profit corporation in the State of Indiana.
Section 404. Long-range vessel tracking system
Section 404 directs the Secretary to carry out a pilot
program to demonstrate long-range vessel tracking systems
pursuant to 46 U.S.C. 70115. The section also authorizes an
amount of $4 million in fiscal year 2006 to carry out the pilot
project.
Section 405. Report
Section 405 requires the Secretary to review and report to
Congress on the adequacy of air and surface assets in three
locations (Louisiana, Michigan, and Puerto Rico) to carry out
the Coast Guard's traditional missions of search and rescue,
drug and migrant interdiction, and marine environmental
protection in addition to homeland security responsibilities.
Section 406. Training of cadets at United States Merchant Marine
Academy
Section 406 authorizes cadets at the Merchant Marine
Academy to train aboard foreign-flagged liquid natural gas
(LNG) vessels if the Secretary determines that such training is
in the interest of the United States. Currently, cadets at the
Academy are prohibited from training aboard foreign-flagged
vessels; however there are no U.S.-flagged LNG vessels in
operation. Future national energy strategies will likely place
increased emphasis on the transport of LNG to U.S. ports
resulting in a high demand for merchant mariners with previous
training and experience aboard LNG vessels. This authority will
allow Merchant Marine Academy cadets to gain that training in
the interim before U.S.-flagged LNG vessels come into
operation.
Section 407. Marine casualty investigations study
Section 407 requires the National Institute for
Occupational Safety and Health to study and report to Congress
on the extent to which the Coast Guard's marine casualty
investigation program is used to provide information and
recommendations to prevent future marine casualties. The
section authorizes an amount of $625,000 in funding to carry
out the study required under this section.
Section 408. Conveyance of decommissioned Coast Guard Cutter MACKINAW
Section 408 directs the Commandant of the Coast Guard to
convey the USCGC Mackinaw to the City and County of Cheboygan,
Michigan upon the vessel's scheduled decommissioning. The
section requires that the cutter be used as a museum and be
made available to the Federal Government if needed in time of
war or national emergency.
Section 409. Deepwater implementation report
Section 409 requires the Secretary of the department in
which the Coast Guard is operating to submit a complete
implementation plan for the Deepwater program not later than 30
days after the enactment of the Act. The Coast Guard has
submitted a partial implementation plan that provides a
detailed spend-out plan for fiscal year 2006 and an asset
delivery schedule for fiscal years 2006-2010; however this
partial plan does not sufficiently provide the information
necessary for the Committee to adequately oversee the
progression of the Deepwater program and authorize future year
funding for the program.
The Committee is extremely concerned that legacy assets are
deteriorating at a much faster rate than was originally
expected when the Deepwater plan was first developed. Coast
Guard vessels and aircraft are increasingly unavailable to
carry out the Service's missions due to unscheduled maintenance
and repairs. The Committee has strongly supported acceleration
of the Deepwater program to, in part, provide new assets to
replace aging legacy assets that are jeopardizing the success
of Coast Guard missions, putting at risk the lives of the men
and women of the Coast Guard, and siphoning away funding from
the acquisition of new assets.
As a result, the Committee is requiring the Coast Guard to
provide information on the costs and numbers of new assets to
be acquired under Deepwater and a review of the costs
associated with sustaining legacy assets and any plan to
maintain these assets until the time that new assets are
delivered. The Committee expects that the report required under
this section will contain a complete delivery schedule for each
asset to be acquired, a projection of the remaining operational
lifespan of each legacy asset, a detailed justification for
each modification to the original Deepwater plan to meet the
Service's revised mission needs statement, and an explanation
of the costs that will be required above the estimated costs of
the original Deepwater program resulting from such
modifications.
Section 410. Helicopters
Section 410 limits the number of HH-65 helicopters that the
Coast Guard may acquire to no more than four, and prohibits the
Commandant from acquiring such helicopters until 90 days after
the submission to Congress of a determination that the cost of
acquiring used HH-65 helicopters and the cost to modifying
those helicopters or airframes to meet the same design,
construction, and equipment standards that apply to the current
fleet of HH-65 helicopters is more cost-effective than an
acquisition or leasing of a similar number of MH-68
helicopters.
Section 411. Reports from mortgagees of vessels
Section 12120 of Title 46, United States Code, authorizes
the Secretary of the Department in which the Coast Guard is
operating to require owners, masters and charterers of vessels
engaged in the coastwise trade and the fisheries to submit
reports to ensure compliance with vessel documentation laws.
These reports may be in any reasonable form prescribed by the
Secretary. Section 411 authorizes the Secretary to require
reports from mortgagees in addition to owners, masters and
charterers.
Section 412. Newtown Creek, New York City, New York
Section 412 requires the Coast Guard to carry out a study
and report to Congress on the pollution of Newtown Creek in the
city of New York, New York caused by oil seepage.
Legislative History and Committee Consideration
H.R. 889, the Coast Guard and Maritime Transportation Act
of 2005, was introduced by Committee Chairman Don Young, on
February 17, 2005 and is cosponsored by Subcommittee Chairman
Frank A. LoBiondo, Committee Ranking Democratic Member James L.
Oberstar, and Subcommittee Ranking Democratic Member Bob
Filner. H.R. 889 was solely referred to the Committee on
Transportation and Infrastructure.
The Subcommittee on Coast Guard and Maritime Transportation
held an oversight hearing on the Administration's fiscal year
2006 budget for the Coast Guard on March 3, 2005. At this
hearing, the Subcommittee also reviewed a committee draft that
formed the bulk of H.R. 889, as introduced. The Subcommittee
also held a legislative hearing on May 12, 2005 to review a
committee print of legislative provisions to amend laws related
to the Coast Guard and the maritime transportation sector.
The Subcommittee on Coast Guard and Maritime Transportation
approved H.R. 889 by voice vote on April 13, 2005. H.R. 889 was
considered during a markup session of the Committee on
Transportation and Infrastructure. At this markup, Mr. LoBiondo
offered an amendment in the nature of a substitute that
increased the authorization of funding for the Coast Guard's
Deepwater program and the Alteration of Bridges account. The
amendment also included many of the legislative provisions that
had been previously considered by the Subcommittee on Coast
Guard and Maritime Transportation at the May 12 hearing. The
amendment was adopted by voice vote.
Mr. LoBiondo also offered an amendment to the substitute
that limits the number of HH-65 helicopters that the Coast
Guard may acquire to no more than four, and prohibits the
Commandant from acquiring such helicopters until 90 days after
the submission to Congress of a determination that an
acquisition of used HH-65 helicopters and the cost to modifying
those helicopters or airframes to meet the same design,
construction, and equipment standards that apply to the current
fleet of HH-65 helicopters is more cost-effective than an
acquisition or leasing of a similar number of MH-68
helicopters. The amendment was adopted by voice vote.
Mr. Taylor of Mississippi offered an amendment to the
LoBiondo amendment that added a section to require mortgagees
of documented vessels to submit information to the Coast Guard.
Mr. Taylor's amendment was adopted by voice vote.
Mr. Weiner also offered an amendment to the LoBiondo
amendment to require the Coast Guard to carry out a study and
report to Congress on the pollution of Newtown Creek in the
city of New York, New York caused by an oil seepage using funds
provided under the Oil Pollution Act. The Weiner amendment to
the amendment in the nature of a substitute was also accepted
by voice vote.
Mr. LoBiondo substitute, as amended, was adopted
unanimously by voice vote, and H.R. 889, as amended, was
approved unanimously by voice vote and was ordered favorably
reported to the House.
Rollcall Votes
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each rollcall vote on a motion to
report and on any amendment offered to the measure or matter,
and the names of those members voting for and against. No
rollcall votes were ordered during the consideration of H.R.
889.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Cost of Legislation
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Compliance With House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office
included below.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
performance goals and objectives of this legislation are to
authorize funding for personnel and activities of the United
States Coast Guard.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R. 889
from the Director of the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 10, 2005.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 889, the Coast
Guard and Maritime Transportation Act of 2005.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Robert A. Sunshine
(For Douglas Holtz-Eakin, Director).
Enclosure.
H.R. 889--Coast Guard and Maritime Transportation Act of 2005
Summary: H.R. 889 would authorize the appropriation of
about $7.7 billion for discretionary activities of the U.S.
Coast Guard (USCG) for fiscal year 2006. CBO estimates that
appropriation of the authorized amounts would result in outlays
of $4.8 billion in fiscal year 2006 and $7.5 billion over the
2006-2010 period. (About $200 million would be spent after
2010.) CBO expects that enacting H.R. 889 would increase
offsetting receipts collected from Coast Guard inspection and
certification fees by less than $500,000 a year. (Such
collections are a credit against direct spending.) Enacting
this legislation would not affect revenues.
H.R. 889 contains an intergovernmental mandate as defined
in the Unfunded Mandates Reform Act (UMRA), but CBO estimates
that the costs to state, local and tribal governments would be
insignificant. The bill contains no private-sector mandates as
defined in UMRA.
Estimated Cost to the Federal Government: The estimated
budgetary effects of H.R. 889 are summarized in the following
table. The costs of this legislation fall within budget
functions 300 (natural resources and environment) and 400
(transportation). The amount authorized by the bill for USCG
retirement is not included in the table because such pay is an
entitlement under current law and is not subject to
appropriation.
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------
2005 2006 2007 2008 2009 2010
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
USCG Spending Under Current Law:
Budget Authority/Authorization Level \1\.............. 6,515 29 0 0 0 0
Estimated Outlays..................................... 6,104 1,932 765 318 133 56
Proposed Changes:
Authorization Level................................... 0 7,658 0 0 0 0
Estimated Outlays..................................... 0 4,763 1,414 715 403 200
USCG Spending Under H.R. 889:
Authorization Level................................... 6,515 7,687 0 0 0 0
Estimated Outlays..................................... 6,104 6,695 2,179 1,033 536 256
----------------------------------------------------------------------------------------------------------------
\1\ The 2005 level is the amount appropriated for that year. The $29 million shown for 2006 is the amount
already authorized to be appropriated from the Oil Spill Liability Trust Fund for Coast Guard operating
expenses and research.
Basis of estimate
Spending subject to appropriation
The total authorization level shown in the table for 2006
is the sum of all amounts stated in the bill for USCG
discretionary accounts, excluding $29 million to be derived
from the Oil Spill Liability Trust Fund (OSLTF). (This amount,
which consists of $24.5 million for operating expenses and $3.5
million for research, is already authorized under existing
law.) Estimated outlays are based on historical spending
patterns for the Coast Guard.
H.R. 889 would authorize the appropriation of about $5.7
billion for USCG operations, including $119 million for reserve
training and $12 million for environmental compliance. The bill
also would authorize about $2 billion for capital acquisitions
and other multiyear projects, including $24 million for
research activities and $36 million for bridge alterations.
Finally, the bill would authorize $4 million for a pilot
program for long-range tracking of vessels using satellites and
$625,000 for study on how marine casualty investigations are
carried out. Of the amounts authorized, $48.5 million would be
derived from the OSLTF, but $29 million of that amount is
already authorized to be appropriated from the trust fund by
the Oil Pollution Act of 1990.
The bill would authorize the appropriation of about $1
billion for Coast Guard retirement benefits in 2006, but the
amount is excluded from this estimate because such benefits are
considered an entitlement under current law and are subject to
appropriation. Thus, the authorization has no additional
budgetary impact.
Direct spending
H.R. 889 would expand the coverage of USCG regulatory
authority to include certain ferries that do not charge
passenger fees. Under existing law, these ferries are not
regulated by the agency because they are not considered to be
commercial vessels. CBO expects that implementing this change
would require the Coast Guard to certify and inspect about 25
ferries. Assuming that the agency charges its standard
published fees for these services, we estimate that offsetting
receipts (net of collection costs) would increase by less than
$200,000 a year.
Estimated impact on State, local and tribal governments:
Subjecting ferries that do not charge passengers a fee to Coast
Guard regulation would constitute an intergovernmental mandate
as defined in UMRA. The approximately 25 ferries that State and
local entities now operate (without charge) would be subject to
inspections by the Coast Guard and various reporting
requirements. The Coast Guard also has the authority to charge
fees for these inspections, although it is unclear if it would
extend those fees to public entities. In any case, CBO
estimates that the total costs to State, local, and tribal
governments would not be significant and would not exceed the
threshold established in UMRA ($62 million in 2005, adjusted
annually for inflation).
Provisions in several other sections would effect
individual state and local governments. Any costs incurred
would be minimal and voluntary.
Estimated impact on the private sector: This bill contains
no new private-sector mandates as defined in UMRA.
Estimate prepared by: Federal costs: Deborah Reis; impact
on State, local, and tribal governments: Sarah Puro; impact on
the private sector: Craig Cammarata
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Constitutional Authority Statement
Pursuant to clause (3)(d)(1) of rule XIII of the Rules of
the House of Representatives, committee reports on a bill or
joint resolution of a public character shall include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers grants
under article I, section 8 of the Constitution.
Federal Mandates Statement
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act. (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt State, local,
or tribal law. The Committee states that H.R. 889 does not
preempt any State, local, or tribal law.
Advisory Committee Statement
No Advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Public Law
104-1).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 14, UNITED STATES CODE
* * * * * * *
PART I--REGULAR COAST GUARD
* * * * * * *
CHAPTER 5--FUNCTIONS AND POWERS
* * * * * * *
Sec. 91. Safety of naval vessels
(a) * * *
* * * * * * *
(d) As used in this section ``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. 93. Commandant; general powers
(a) For the purpose of executing the duties and functions of
the Coast Guard the Commandant may:
(1) * * *
* * * * * * *
(19) notwithstanding any other law, enter into
cooperative agreements with States, local governments,
non-governmental organizations, and individuals, to
accept and utilize voluntary services for the
maintenance and improvement of natural and historic
resources on, or to benefit natural and historic
research on, Coast Guard facilities, subject to the
requirement that--
[(1)] (A) the cooperative agreements shall
each provide for the parties to contribute
funds or services on a matching basis to defray
the costs of such programs, projects, and
activities under the agreement; and
[(2)] (B) a person providing voluntary
services under this subsection shall not be
considered a Federal employee except for
purposes of chapter 81 of title 5, United
States Code, with respect to compensation for
work-related injuries, and chapter 171 of title
28, United States Code, with respect to tort
claims;
* * * * * * *
[(y)] (24) after informing the Secretary, make such
recommendations to the Congress relating to the Coast
Guard as the Commandant considers appropriate.
* * * * * * *
CHAPTER 7--COOPERATION WITH OTHER AGENCIES
* * * * * * *
Sec.
141. Cooperation with other agencies, States, territories, and
political subdivisions.
* * * * * * *
[149. Detail of members to assist foreign governments.]
149. Assistance to foreign governments and maritime authorities.
* * * * * * *
[Sec. 149. Detail of members to assist foreign governments]
Sec. 149. Assistance to foreign governments and maritime authorities
(a) Detail of Members to Assist Foreign Governments.--The
President may upon application from the foreign governments
concerned, and whenever in his discretion the public interests
render such a course advisable, detail members of the Coast
Guard to assist foreign governments in matters concerning which
the Coast Guard may be of assistance. Members so detailed may
accept, from the government to which detailed, offices and such
compensation and emoluments thereunder appertaining as may be
first approved by the Secretary. While so detailed such members
shall receive, in addition to the compensation and emoluments
allowed them by such governments, the pay and allowances to
which they are entitled in the Coast Guard and shall be allowed
the same credit for longevity, retirement, and for all other
purposes that they would receive if they were serving with the
Coast Guard.
(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.
* * * * * * *
CHAPTER 9--COAST GUARD ACADEMY
Sec.
181. Administration of Academy.
* * * * * * *
197. Coast Guard history fellowships.
* * * * * * *
Sec. 197. Coast Guard history fellowships
(a) Fellowships.--The Commandant of the Coast Guard shall
prescribe regulations under which the Commandant may award
fellowships in Coast Guard history to individuals who are
eligible under subsection (b).
(b) Eligible Individuals.--An individual shall be eligible
under this subsection if the individual is a citizen or
national of the United States and--
(1) is a graduate student in United States history;
(2) has completed all requirements for a doctoral
degree other than preparation of a dissertation; and
(3) agrees to prepare a dissertation in a subject
area of Coast Guard history determined by the
Commandant.
(c) Regulations.--The regulations prescribed under this
section shall include--
(1) the criteria for award of fellowships;
(2) the procedures for selecting recipients of
fellowships;
(3) the basis for determining the amount of a
fellowship; and
(4) subject to the availability of appropriations,
the total amount that may be awarded as fellowships
during an academic year.
* * * * * * *
CHAPTER 11--PERSONNEL
* * * * * * *
B. Selection for Promotion
* * * * * * *
Sec. 257. Eligibility of officers for consideration for promotion
(a) * * *
* * * * * * *
(f) The Secretary may waive subsection (a) of this section to
the extent necessary to allow officers described therein to
have at least two opportunities for consideration for promotion
to the next higher grade as officers below the promotion zone.
* * * * * * *
F. Miscellaneous Provisions
* * * * * * *
Sec. 336. United States Coast Guard Band; composition; director
(a) * * *
(b) [The Secretary shall designate the director from among
qualified members of the Coast Guard.] The Secretary may
designate as the director any individual determined by the
Secretary to possess the necessary qualifications. Upon the
recommendation of the Secretary, [a member so designated] an
individual so designated may be appointed by the President, by
and with the advice and consent of the Senate, to a
commissioned grade in the Regular Coast Guard.
(c) The initial appointment to a commissioned grade [of a
member] of an individual designated as director of the Coast
Guard Band shall be in the grade [of lieutenant (junior grade)
or lieutenant] determined by the Secretary to be most
appropriate to the qualifications and experience of the
appointed individual.
(d) [A member] An individual who is designated and
commissioned under this section shall not be included on the
active duty promotion list. He shall be promoted under section
276 of this title. However, the grade of the director may not
be higher than captain.
(e) The Secretary may revoke any designation as director of
the Coast Guard Band. [When a member's designation is revoked,]
When an individual's designation is revoked, his appointment to
commissioned grade under this section terminates and he is
entitled, at his [option:] option--
(1) * * *
* * * * * * *
CHAPTER 17--ADMINISTRATION
* * * * * * *
Sec.
631. Delegation of powers by the Secretary.
* * * * * * *
677. Turnkey selection procedures.
* * * * * * *
Sec. 677. Turnkey selection procedures
(a) Authority to Use.--The Secretary may use one-step turnkey
selection procedures for the purpose of entering into contracts
for construction projects.
(b) Definitions.--In this section:
(1) 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) The term ``construction'' includes the
construction, procurement, development, conversion, or
extension, of any facility.
(3) The term ``facility'' means a building,
structure, or other improvement to real property.
* * * * * * *
PART II--COAST GUARD RESERVE AND AUXILIARY
* * * * * * *
CHAPTER 21--COAST GUARD RESERVE
* * * * * * *
SUBCHAPTER A
GENERAL
* * * * * * *
Sec. 712. Active duty for emergency augmentation of regular forces
(a) Notwithstanding another law, and for the emergency
augmentation of the Regular Coast Guard forces during, or to
aid in prevention of an imminent, a serious natural or manmade
disaster, accident, [or] 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, the Secretary may,
without the consent of the member affected, order to active
duty of not more than [thirty days in any four-month period] 60
days in any 4-month period and not more than [sixty days in any
two-year period] 120 days in any 2-year period an organized
training unit of the Coast Guard Ready Reserve, a member
thereof, or a member not assigned to a unit organized to serve
as a unit.
* * * * * * *
SUBCHAPTER B
COMMISSIONED OFFICERS
* * * * * * *
Sec. 724. Authorized number of officers
(a) The authorized number of officers in the Reserve in an
active status is 5,000. Reserve officers on an active-duty list
shall not be counted as part of the authorized number of
officers in the Reserve. The actual number of Reserve officers
in an active status at any time shall not exceed the authorized
number unless the Secretary determines that a greater number is
necessary for planned mobilization requirements, or unless the
excess results directly from the operation of law.
[(b)(1) The authorized number of Reserve officers in an
active status below the grade of rear admiral (lower half)
shall be distributed in grade in the following percentages,
respectively: captain, 1.5; commander, 7.0; lieutenant
commander, 22.0; lieutenant, 37.0; and the combined grades of
lieutenant (junior grade) and ensign, 32.5. When the actual
number of Reserve officers in an active status in a grade is
less than the number authorized, the difference may be applied
to increase the authorized number in a 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.]
(b)(1) The Secretary shall, at least once each 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.
* * * * * * *
CHAPTER 23--COAST GUARD AUXILIARY
* * * * * * *
Sec. 826. Use of member's facilities
(a) The Coast Guard may utilize for any purpose incident to
carrying out its functions and duties as authorized by the
Secretary any motorboat, yacht, aircraft, or radio station
placed at its disposition for any of such purposes by any
member of the Auxiliary, by any corporation, partnership, or
association, or by any State or political subdivision thereof.
(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 Federal Government
property.
* * * * * * *
Sec. 830. Availability of appropriations
(a) Appropriations of the Coast Guard shall be available for
the payment of actual necessary traveling expense and
subsistence, or commutation of ration allowance in lieu of
subsistence, of members of the Auxiliary assigned to authorized
duties and for actual necessary expenses of operation of any
motorboat, yacht, aircraft, [or radio station] radio station,
or motorized vehicle when assigned to Coast Guard duty, but
shall not be available for the payment of compensation for
personal services, incident to such operation, other than to
personnel of the Coast Guard or the Reserve. The term ``actual
necessary expenses of operation,'' as used in this section,
shall include payment for fuel, oil, power, water, supplies,
provisions, replacement or repair of equipment, repair of any
damaged motorboat, yacht, aircraft, [or radio station] radio
station, or motorized vehicle and for the constructive or
actual loss of any motorboat, yacht, aircraft, [or radio
station] radio station, or motorized vehicle where it is
determined, under applicable regulations, that responsibility
for the loss or damage necessitating such replacement or repair
of equipment, or for the damage or loss, constructive or
actual, of such motorboat, yacht, aircraft, [or radio station]
radio station, or motorized vehicle rests with the Coast Guard.
* * * * * * *
----------
TITLE 46, UNITED STATES CODE
Subtitle Sec.
GENERAL........................................................101
* * * * * * *
MISCELLANEOUS...............................................70101]
70101ISCELLANEOUS.....................................................
* * * * * * *
Subtitle II--Vessels and Seamen
* * * * * * *
Part A--General Provisions
CHAPTER 21--GENERAL
* * * * * * *
Sec. 2101. General definitions
In this subtitle--
(1) * * *
* * * * * * *
(10b) ``ferry'' means a vessel that is used on a
regular schedule--
(A) to provide transportation only between
places that are not more than 300 miles apart,
and
(B) to transport only--
(i) passengers, or
(ii) vehicles, or railroad cars, that
are being used, or have been used, in
transporting passengers or goods.
* * * * * * *
(22) ``passenger vessel'' means a vessel of at least
100 gross tons as measured under section 14502 of this
title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary
under section 14104 of this title--
(A) * * *
(B) that is chartered and carrying more than
12 passengers; [or]
(C) that is a submersible vessel carrying at
least one passenger for hire[.]; or
(D) that is a ferry carrying a passenger.
* * * * * * *
(35) ``small passenger vessel'' means a wing-in-
ground craft, regardless of tonnage, carrying at least
one passenger for hire, and a vessel of less than 100
gross tons as measured under section 14502 of this
title, or an alternate tonnage measured under section
14302 of this title as prescribed by the Secretary
under section 14104 of this title--
(A) * * *
* * * * * * *
(C) that is chartered with no crew provided
or specified by the owner or the owner's
representative and carrying more than 12
passengers; [or]
(D) that is a submersible vessel carrying at
least one passenger for hire[.]; or
(E) that is a ferry carrying more than 6
passengers.
* * * * * * *
Part B--Inspection and Regulations of Vessels
* * * * * * *
CHAPTER 33--INSPECTION GENERALLY
* * * * * * *
Sec. 3305. Scope and standards of inspection
(a)(1) * * *
(2) In determining the adequacy of the supply of potable
water under paragraph (1)(D), the Secretary shall consider--
(A) the size and type of vessel;
(B) the number of passengers or crew on board;
(C) the duration and routing of voyages; and
(D) guidelines for potable water recommended by the
Centers for Disease Control and Prevention and the
Public Health Service.
* * * * * * *
CHAPTER 43--RECREATIONAL VESSELS
* * * * * * *
Sec. 4311. Penalties and injunctions
(a) * * *
(b)(1) A person violating section [4307(a)of] 4307(a) of this
title is liable to the United States Government for a civil
penalty of not more than $5,000, except that the maximum civil
penalty may be not more than $250,000 for a related series of
violations.
* * * * * * *
Part E--Merchant Seamen Licenses, Certificates, and Documents
* * * * * * *
CHAPTER 73--MERCHANT MARINERS' DOCUMENTS
* * * * * * *
Sec. 7302. Issuing merchant mariners' documents and continuous
discharge books
(a) * * *
* * * * * * *
(c) The Secretary may not issue a merchant mariner's document
under this chapter unless the individual applying for the
document makes available to the Secretary, under section
30305(b)(5) of title 49, any information contained in the
National Driver Register related to an offense described in
section 30304(a)(3)(A) or (B) of title 49 committed by the
individual.
* * * * * * *
CHAPTER 77--SUSPENSION AND REVOCATION
* * * * * * *
Sec. 7703. Bases for suspension or revocation
A license, certificate of registry, or merchant mariner's
document issued by the Secretary may be suspended or revoked if
the holder--
(1) * * *
* * * * * * *
(3) within the 3-year period preceding the initiation
of the suspension or revocation proceeding is convicted
of an offense described in section 30304(a)(3)(A) or
(B) of title 49 [(23 U.S.C. 401 note)];
* * * * * * *
Part F--Manning of Vessels
* * * * * * *
Sec. 9303. United States registered pilot service
(a) * * *
* * * * * * *
(f) [The] Before March 1 of each year, the Secretary shall
prescribe by regulation rates and charges for pilotage
services, giving consideration to the public interest and the
costs of providing the services.
(g) The Secretary shall ensure that the number of full-time
equivalent employees assigned to carry out this section is not
less than 4.
* * * * * * *
Part H--Identification of Vessels
CHAPTER 121--DOCUMENTATION OF VESSELS
* * * * * * *
Sec. 12120. Reports
To ensure compliance with this chapter and laws governing the
qualifications of vessels to engage in the coastwise trade and
the fisheries, the Secretary of Transportation may require
[owners, masters, and charterers] owners, masters, charterers,
and mortgagees of documented vessels to submit reports in any
reasonable form and manner the Secretary may prescribe.
* * * * * * *
[Subtitle VI--Miscellaneous]
Subtitle VII--Miscellaneous
Chap. Sec.
Port Security................................................70101
CHAPTER 701--PORT SECURITY
Sec.
70101. Definitions.
* * * * * * *
[70117. In rem liability for civil penalties and certain
[70118. Enforcement by injunction or withholding of clearance.
[70119. Civil penalty.
[70118. Enforcement.
[70119. Enforcement by State and local officers.]
70117. Firearms, arrests, and seizure of property.
70118. Enforcement by State and local officers.
70119. Civil penalty.
70120. In rem liability for civil penalties and certain costs.
70121. Withholding of clearance.
* * * * * * *
Sec. 70112. Maritime Security Advisory Committees
(a) * * *
(b) Membership.--(1) * * *
* * * * * * *
(5) The membership of an Area Maritime Security Advisory
Committee shall include representatives of the port industry,
terminal operators, port labor organizations, and other users
of the port areas.
* * * * * * *
Sec. [70118] 70117. Firearms, arrests, and seizure of property
Subject to guidelines approved by the Secretary, members of
the Coast Guard may, in the performance of official duties--
(1) * * *
* * * * * * *
Sec. [70119] 70118. Enforcement by State and local officers
(a) * * *
* * * * * * *
Sec. [70117] 70120. In rem liability for civil penalties and certain
costs
(a) Civil Penalties.--Any vessel operated in violation of
this chapter or any regulations prescribed under this chapter
shall be liable in rem for any civil penalty assessed pursuant
to [section 70120] section 70119 for such violation, and may be
proceeded against for such liability in the United States
district court for any district in which the vessel may be
found.
* * * * * * *
Sec. [70118] 70121. Withholding of clearance
(a) Refusal or Revocation of Clearance.--If any owner, agent,
master, officer, or person in charge of a vessel is liable for
a penalty under section 70119, or if reasonable cause exists to
believe that the owner, agent, master, officer, or person in
charge may be subject to a penalty under [section 70120]
section 70119, the Secretary may, with respect to such vessel,
refuse or revoke any clearance required by section 4197 of the
Revised Statutes of the United States (46 U.S.C. App. 91).
* * * * * * *
----------
SECTION 3 OF THE MARITIME DRUG LAW ENFORCEMENT ACT
Sec. 3. (a) * * *
* * * * * * *
(c)(1) * * *
(2) For purposes of this section, a ``vessel without
nationality'' includes--
(A) * * *
* * * * * * *
A claim of registry under subparagraph (A) or (C) may be
verified or denied by radio, telephone, or similar oral or
electronic means. The [denial of such claim of registry]
response by the claimed flag nation is conclusively proved by
certification of the Secretary of State or the Secretary's
designee.
* * * * * * *
----------
DEEPWATER PORT ACT OF 1974
LICENSE FOR THE OWNERSHIP, CONSTRUCTION, AND OPERATION OF A DEEPWATER
PORT
Sec. 4. (a) * * *
* * * * * * *
(i) To promote the security of the United States, the
Secretary shall give top priority to the processing of a
license under this Act for liquefied natural gas facilities
that will be supplied with liquefied natural gas by United
States flag-vessels.
* * * * * * *
----------
COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2004
* * * * * * *
TITLE II--COAST GUARD MANAGEMENT
* * * * * * *
SEC. 212. LONG-TERM LEASE OF SPECIAL USE REAL PROPERTY.
(a) * * *
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 17 of title 14, United States Code, is
amended by striking the item relating to section 672 and
inserting the following:
``672. Long-term lease of special purpose facilities.''.
* * * * * * *
TITLE III--NAVIGATION
* * * * * * *
SEC. 302. USE OF ELECTRONIC DEVICES; COOPERATIVE AGREEMENTS.
Section 4(a) of the Ports and Waterways Safety Act [of 1972]
(33 U.S.C. 1223(a)) is amended by--
(1) * * *
* * * * * * *
TITLE IV--SHIPPING
* * * * * * *
SEC. 418. RENEWAL OF ADVISORY GROUPS.
(a) Commercial Fishing Industry Vessel Safety Advisory
Committee.--Section 4508(e)(1) of title 46, United States Code,
is amended by striking ``[of September 30, 2005] on September
30, 2005'' and inserting ``on September 30, 2010''.
* * * * * * *
TITLE VI--MISCELLANEOUS
* * * * * * *
SEC. 602. CONVEYANCE OF DECOMMISSIONED COAST GUARD CUTTERS.
(a) * * *
(b) Vessels Described.--The vessels referred to in subsection
(a) are the following:
(1) * * *
(2) The Coast Guard Cutter PLANETREE, [to be conveyed
to Jewish Life (a nonprofit corporation under the laws
of the State of California), located in Sherman Oaks,
California.] to be conveyed to CAS Foundation, Inc. (a
nonprofit corporation under the laws of the State of
Indiana.
* * * * * * *
SEC. 609. CORRECTION OF REFERENCES TO NATIONAL DRIVER REGISTER.
Title 46, United States Code, is amended--
(1) in section [7302] 7302(c)--
(A) * * *
* * * * * * *
TITLE VII--AMENDMENTS RELATING TO OIL POLLUTION ACT OF 1990
SEC. 701. VESSEL RESPONSE PLANS FOR NONTANK VESSELS OVER 400 GROSS
TONS.
(a) * * *
(b) Amendments To Require Response Plans.--Section 311(j) of
the Federal Water Pollution Control Act (33 U.S.C. 1321(j)) is
amended--
(1) * * *
* * * * * * *
(9) in paragraph (5)(H) by inserting ``and nontank
vessel'' after ``each tank vessel'';
* * * * * * *
----------
SECTION 311 OF THE FEDERAL WATER POLLUTION CONTROL ACT
OIL AND HAZARDOUS SUBSTANCE LIABILITY
Sec. 311. (a) * * *
* * * * * * *
(j) National Response System.--
(1) * * *
* * * * * * *
(5) Tank vessel, nontank vessel, and facility
response plans.--(A)(i) * * *
(ii) The President shall also issue regulations which
require an owner or operator of a [non-tank] nontank
vessel to prepare and submit to the President a plan
for responding, to the maximum extent practicable, to a
worst case discharge, and to a substantial threat of
such a discharge, of oil.
(B) The Secretary of the Department in which the
Coast Guard is operating may issue regulations which
require an owner or operator of a tank vessel, a [non-
tank] nontank vessel, or a facility described in
subparagraph (C) that transfers noxious liquid
substances in bulk to or from a vessel to prepare and
submit to the Secretary a plan for responding, to the
maximum extent practicable, to a worst case discharge,
and to a substantial threat of such a discharge, of a
noxious liquid substance that is not designated as a
hazardous substance or regulated as oil in any other
law or regulation. For purposes of this paragraph, the
term ``noxious liquid substance'' has the same meaning
when that term is used in the MARPOL Protocol described
in section 2(a)(3) of the Act to Prevent Pollution from
Ships (33 U.S.C. 1901(a)(3)).
* * * * * * *
(5) Tank vessel, nontank vessel, and facility
response plans.--(A) * * *
* * * * * * *
(F) A tank vessel, [non-tank] nontank vessel,
offshore facility, or onshore facility required to
prepare a response plan under this subsection may not
handle, store, or transport oil unless--
(i) in the case of a tank vessel, [non-tank]
nontank vessel, offshore facility, or onshore
facility for which a response plan is reviewed
by the President under subparagraph (E), the
plan has been approved by the President; and
* * * * * * *
(G) Notwithstanding subparagraph (E), the President
may authorize a tank vessel, [non-tank] nontank vessel,
offshore facility, or onshore facility to operate
without a response plan approved under this paragraph,
until not later than 2 years after the date of the
submission to the President of a plan for the tank
vessel, [non-tank] nontank vessel, or facility, if the
owner or operator certifies that the owner or operator
has ensured by contract or other means approved by the
President the availability of private personnel and
equipment necessary to respond, to the maximum extent
practicable, to a worst case discharge or a substantial
threat of such a discharge.
* * * * * * *
----------
OIL POLLUTION ACT OF 1990
* * * * * * *
TITLE IV--PREVENTION AND REMOVAL
Subtitle A--Prevention
* * * * * * *
SEC. 4115. ESTABLISHMENT OF DOUBLE HULL REQUIREMENT FOR TANK VESSELS.
(a) * * *
* * * * * * *
(e) Secretarial Studies.--
(1) * * *
* * * * * * *
(3) No later than one year after the date of
enactment of the Coast Guard and Maritime
Transportation Act of 2004, the Secretary shall, taking
into account the recommendations contained in the
report by the Marine Board of the National Research
Council entitled ``Environmental Performance of Tanker
Design in Collision and Grounding'' and dated 2001,
establish and publish an environmental equivalency
evaluation index (including the methodology to develop
that index) to assess overall outflow performance due
to collisions and groundings for double hull tank
vessels and alternative [hull] designs.
* * * * * * *
TITLE V--PRINCE WILLIAM SOUND PROVISIONS
* * * * * * *
SEC. 5006. FUNDING.
(a) * * *
* * * * * * *
(c) Use for Section 1012.--Beginning October 1, 2012, the
funding authorized for the Prince William Sound Oil Spill
Recovery Institute and deposited in the Fund shall thereafter
be made available for purposes of section 1012 in Alaska.
* * * * * * *
----------
SECTION 1303 OF THE MERCHANT MARINE ACT, 1936
Sec. 1303. (a) * * *
* * * * * * *
(f) The Secretary may provide for the training of cadets at
the Academy--
(1) * * *
(2) on other vessels documented under the laws of the
United States if the owner of any such vessel
cooperates in such use; [and]
(3) in shipyards or plants and with any industrial or
educational organizations[.]; and
(4) on any other vessel considered necessary or
appropriate or in the national interest.
* * * * * * *