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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.

           *       *       *       *       *       *       *