109th CONGRESS
1st Session
S. 1280
To authorize appropriations for fiscal years 2006 and 2007 for the
United States Coast Guard, and for other purposes.
IN THE SENATE OF THE UNITED STATES
June 21, 2005
Ms. SNOWE (for herself, Ms. CANTWELL, Mr. STEVENS, and Mr. INOUYE) introduced
the following bill; which was read twice and referred to the Committee on
Commerce, Science and Transportation
A BILL
To authorize appropriations for fiscal years 2006 and 2007 for the
United States Coast Guard, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Coast Guard Authorization Act of 2005'.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 2. Table of contents.
TITLE I--AUTHORIZATION
Sec. 101. Authorization of appropriations.
Sec. 102. Authorized levels of military strength and training.
Sec. 103. Web-based risk management data system.
TITLE II--HOMELAND SECURITY, MARINE SAFETY, FISHERIES, AND ENVIRONMENTAL
PROTECTION
Sec. 201. Extension of Coast Guard vessel Anchorage and movement authority.
Sec. 202. Enhanced civil penalties for violations of the Maritime Transportation
Security Act.
Sec. 204. Cooperative agreements.
Sec. 205. Pilot program for dockside no fault/no cost safety and survivability
examinations for uninspected commercial fishing vessels.
Sec. 206. Reports from mortgagees of vessels.
Sec. 207. International training and technical assistance.
Sec. 208. Reference to Trust Territory of the Pacific Islands.
Sec. 209. Bio-diesel feasibility study.
Sec. 210. Certification of vessel nationality in drug smuggling cases.
Sec. 211. Jones Act waivers.
Sec. 212. Deepwater oversight.
Sec. 213. Deepwater report.
Sec. 215. Long-range vessel tracking system.
Sec. 216. Marine vessel and cold water safety education.
Sec. 217. Suction anchors.
TITLE III--UNITED STATES OCEAN COMMISSION IMPLEMENTATION
Sec. 301. Place of refuge.
Sec. 302. Implementation of international agreements.
Sec. 303. Voluntary measures for reducing pollution from recreational boats.
Sec. 304. Integration of vessel monitoring system data.
Sec. 305. Foreign fishing incursions.
TITLE IV--COAST GUARD PERSONNEL, FINANCIAL, AND PROPERTY MANAGEMENT
Sec. 401. Reserve officer distribution.
Sec. 402. Coast Guard band director.
Sec. 403. Reserve recall authority.
Sec. 404. Expansion of equipment used by auxiliary to support Coast Guard
missions.
Sec. 405. Authority for one-step turnkey design-build contracting.
Sec. 406. Officer promotions.
Sec. 407. Redesignation of Coast Guard law specialists as judge advocates.
Sec. 408. Boating safety director.
Sec. 409. Hangar at Coast Guard air station at Barbers Point.
TITLE V--TECHNICAL AND CONFORMING AMENDMENTS
Sec. 501. Government organization.
Sec. 502. War and national defense.
Sec. 503. Financial management.
Sec. 504. Public contracts.
Sec. 505. Public printing and documents.
Sec. 507. Transportation.
Sec. 508. Mortgage insurance.
Sec. 509. Arctic research.
Sec. 511. Conforming amendment.
Sec. 512. Anchorage grounds.
Sec. 517. Conforming amendment to Social Security Act.
Sec. 519. Nontank vessels.
Sec. 520. Drug interdiction report.
Sec. 521. Acts of terrorism report.
TITLE VI--EFFECTIVE DATES
Sec. 601. Effective dates.
TITLE I--AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) There are authorized to be appropriated for fiscal year 2006 to the Secretary
of the department in which the Coast Guard is operating the following amounts:
(1) For the operation and maintenance of the Coast Guard $5,594,900,000,
of which $24,500,000 is authorized to be derived from the Oil Spill Liability
Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution
Act of 1990 (33 U.S.C. 2712(a)(5)).
(2) For the acquisition, construction, renovation, and improvement of aids
to navigation, shore and offshore facilities, vessels, and aircraft, including
equipment related thereto, $1,424,852,000, to remain available until expended,
of which--
(A) $20,000,000 shall be derived from the Oil Spill Liability Trust Fund
to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act
of 1990 (33 U.S.C. 2712(a)(5)); and
(B) $1,100,000,000 is authorized for acquisition and construction of shore
and offshore facilities, vessels, and aircraft, including equipment related
thereto, and other activities that constitute the Integrated Deepwater
Systems.
(3) For the use of the Commandant of the Coast Guard for research, development,
test, and evaluation of technologies, materials, and human factors directly
relating to improving the performance of the Coast Guard's mission in search
and rescue, aids to navigation, marine safety, marine environmental protection,
enforcement of laws and treaties, ice operations, oceanographic research,
and defense readiness, $24,000,000, to remain available until expended,
of which $3,500,000 shall be derived from the Oil Spill Liability Trust
Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution
Act of 1990 (33 U.S.C. 2712(a)(5)).
(4) For retired pay (including the payment of obligations otherwise chargeable
to lapsed appropriations for this purpose), payments under the Retired Serviceman's
Family Protection and Survivor Benefit Plans, and payments for medical care
of retired personnel and their dependents under chapter 55 of title 10,
United States Code, $1,014,080,000, to remain available until expended.
(5) For alteration or removal of bridges over navigable waters of the United
States constituting obstructions to navigation, and for personnel and administrative
costs associated with the Bridge Alteration Program, $17,400,000, of which
$2,500,000, to remain available until expended, may be utilized for construction
of a new Chelsea Street Bridge over the Chelsea River in Boston, Massachusetts.
(6) For environmental compliance and restoration $12,000,000, to remain
available until expended for environmental compliance and restoration functions
under chapter 19 of title 14, United States Code.
(7) For operation and maintenance of the Coast Guard reserve program, $119,000,000.
(b) There are authorized to be appropriated for fiscal year 2007 to the Secretary
of the department in which the Coast Guard is operating the following amounts:
(1) For the operation and maintenance of the Coast Guard $6,042,492,000,
of which $24,500,000 is authorized to be derived from the Oil Spill Liability
Trust Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution
Act of 1990 (33 U.S.C. 2712(a)(5)).
(2) For the acquisition, construction, renovation, and improvement of aids
to navigation, shore and offshore facilities, vessels, and aircraft, including
equipment related thereto, $1,538,840,160, to remain available until expended,
of which--
(A) $20,000,000 shall be derived from the Oil Spill Liability Trust Fund
to carry out the purposes of section 1012(a)(5) of the Oil Pollution Act
of 1990 (33 U.S.C. 2712(a)(5)); and
(B) $1,188,000,000 is authorized for acquisition and construction of shore
and offshore facilities, vessels, and aircraft, including equipment related
thereto, and other activities that constitute the Integrated Deepwater
Systems.
(3) For the use of the Commandant of the Coast Guard for research, development,
test, and evaluation of technologies, materials, and human factors directly
relating to improving the performance of the Coast Guard's mission in search
and rescue, aids to navigation, marine safety, marine environmental protection,
enforcement of laws and treaties, ice operations, oceanographic research,
and defense readiness, $25,920,000, to remain available until expended,
of which $3,500,000 shall be derived from the Oil Spill Liability Trust
Fund to carry out the purposes of section 1012(a)(5) of the Oil Pollution
Act of 1990 (33 U.S.C. 2712(a)(5)).
(4) For retired pay (including the payment of obligations otherwise chargeable
to lapsed appropriations for this purpose), payments under the Retired Serviceman's
Family Protection and Survivor Benefit Plans, and payments for medical care
of retired personnel and their dependents under chapter 55 of title 10,
United States Code, $1,095,206,400, to remain available until expended.
(5) For alteration or removal of bridges over navigable waters of the United
States constituting obstructions to navigation, and for personnel and administrative
costs associated with the Bridge Alteration Program, $18,792,000, of which
$2,500,000, to remain available until expended, may be utilized for construction
of a new Chelsea Street Bridge over the Chelsea River in Boston, Massachusetts.
(6) For environmental compliance and restoration $12,960,000, to remain
available until expended for environmental compliance and restoration functions
under chapter 19 of title 14, United States Code.
(7) For operation and maintenance of the Coast Guard reserve program, $128,520,000.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
(a) ACTIVE DUTY STRENGTH- The Coast Guard is authorized an end-of-year strength
of active duty personnel of 45,500 as of September 30, 2006.
(b) MILITARY TRAINING STUDENT LOADS- For fiscal year 2006, the Coast Guard
is authorized average military training student loads as follows:
(1) For recruit and special training, 2,500 student years.
(2) For flight training, 125 student years.
(3) For professional training in military and civilian institutions, 350
student years.
(4) For officer acquisition, 1,200 student years.
SEC. 103. WEB-BASED RISK MANAGEMENT DATA SYSTEM.
There are authorized to be appropriated for fiscal year 2006 to the Secretary
of the department in which the Coast Guard is operating $1,000,000 to continue
deployment of a web-based risk management system to help reduce accidents
and fatalities.
TITLE II--HOMELAND SECURITY, MARINE SAFETY, FISHERIES, AND ENVIRONMENTAL
PROTECTION
SEC. 201. EXTENSION OF COAST GUARD VESSEL ANCHORAGE AND MOVEMENT AUTHORITY.
Section 91 of title 14, United States Code, is amended by adding at the end
the following:
`(d) As used in this section, the term `navigable waters of the United States'
includes all waters of the territorial sea of the United States as described
in Presidential Proclamation No. 5928 of December 27, 1988.'.
SEC. 202. ENHANCED CIVIL PENALTIES FOR VIOLATIONS OF THE MARITIME TRANSPORTATION
SECURITY ACT.
The second section enumerated 70119 of title 46, United States Code, is amended--
(1) by inserting `(a) IN GENERAL- ' before `Any'; and
(2) by adding at the end the following:
`(b) CONTINUING VIOLATIONS- Each day of a continuing violation shall constitute
a separate violation, with a total fine per violation not to exceed--
`(1) for violations occurring during fiscal year 2006, $50,000;
`(2) for violations occurring during fiscal year 2007, $75,000; and
`(3) for violations occurring after fiscal year 2007, $100,000.
`(c) DETERMINATION OF AMOUNT- In determining the amount of the penalty, the
Secretary shall take into account the nature, circumstances, extent, and gravity
of the violation committed and, with respect to the violator, the degree of
culpability, history of prior offenses, ability to pay, and such other matters
as justice may require.
`(d) COMPROMISE, MODIFICATION, AND REMITTAL- The Secretary may compromise,
modify, or remit, with or without conditions, any civil penalty imposed under
this section.'.
SEC. 203. ICEBREAKERS.
(a) IN GENERAL- The Secretary of the department in which the Coast Guard is
operating shall take all necessary measures--
(1) to ensure that the Coast Guard maintains, at a minimum, its current
vessel capacity for carrying out ice-breaking in the Arctic and Antarctic
regions, including the necessary funding for operation and maintenance of
such vessels; and
(2) for the long-term recapitalization of these assets.
(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
for fiscal year 2006 to the Secretary of the department in which the Coast
Guard is operating $100,000,000 to carry out this section.
SEC. 204. COOPERATIVE AGREEMENTS.
Not later than 180 days after the date of enactment of this Act, the Secretary
of the department in which the Coast Guard is operating shall provide a report
to the Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Transportation and Infrastructure on opportunities
for and the feasibility of co-locating Coast Guard assets and personnel at
facilities of other Armed Services branches throughout the United States.
The report shall--
(1) identify the locations of possible sites;
(2) identify opportunities for cooperative agreements that may be established
between the Coast Guard and such facilities with respect to maritime security
and other Coast Guard missions; and
(3) analyze anticipated costs and benefits associated with each site and
such agreements.
SEC. 205. PILOT PROGRAM FOR DOCKSIDE NO FAULT/NO COST SAFETY AND SURVIVABILITY
EXAMINATIONS FOR UNINSPECTED COMMERCIAL FISHING VESSELS.
(a) PILOT PROGRAM- The Secretary shall conduct a pilot program to determine
the effectiveness of mandatory dockside crew survivability examinations of
uninspected United States commercial fishing vessels in reducing the number
of fatalities and amount of property losses in the United States commercial
fishing industry.
(b) DEFINITIONS- In this section:
(1) DOCKSIDE CREW SURVIVABILITY EXAMINATION- The term `dockside crew survivability
examination' means an examination by a Coast Guard representative of an
uninspected fishing vessel and its crew at the dock or pier that includes--
(A) identification and examination of safety and survival equipment required
by law for that vessel;
(B) identification and examination of the vessel stability standards applicable
by law to that vessel; and
(C) identification and observation of--
(i) proper crew training on the vessel's safety and survival equipment;
and
(ii) the crew's familiarity with vessel stability and emergency procedures
designed to save life at sea and avoid loss or damage to the vessel.
(2) COAST GUARD REPRESENTATIVE- The term `Coast Guard representative' means
a Coast Guard member, civilian employee, Coast Guard Auxiliarist, or person
employed by an organization accepted or approved by the Coast Guard to examine
commercial fishing industry vessels.
(3) UNINSPECTED FISHING VESSEL- The term `uninspected fishing vessel' means
a vessel, not including fish processing vessels or fish tender vessels (as
defined in section 2101 of title 46, United States Code), that commercially
engages in the catching, taking, or harvesting of fish or an activity that
can reasonably be expected to result in the catching, taking, or harvesting
of fish.
(c) SCOPE OF PILOT PROGRAM- The pilot program shall be conducted--
(1) in at least 5, but no more than 10, major United States fishing ports
where Coast Guard statistics reveal a high number of fatalities on uninspected
fishing vessels within the 4 fiscal year period beginning with fiscal year
2000, but shall not be conducted in Coast Guard districts where a fishing
vessel safety program already exists;
(2) for a period of 5 calendar years following the date of the enactment
of this Act;
(3) in consultation with those organizations and persons identified by the
Secretary as directly affected by the pilot program;
(4) as a non-fee service to those persons identified in paragraph (3) above;
(5) without a civil penalty for any discrepancies identified during the
dockside crew survivability examination; and
(6) to gather data identified by the Secretary as necessary to conclude
whether dockside crew survivability examinations reduce fatalities and property
losses in the fishing industry.
(d) REPORT- Not later than 180 days after end of the third year of the pilot
program, the Secretary shall submit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee on
Transportation and Infrastructure on the results of the pilot program. The
report shall include--
(1) an assessment of the costs and benefits of the pilot program including
costs to the industry and lives and property saved as a result of the pilot
program;
(2) an assessment of the costs and benefits to the United States Government
of the pilot program including operational savings such as personnel, maintenance,
etc., from reduced search and rescue or other operations; and
(3) any other findings and conclusions of the Secretary with respect to
the pilot program.
SEC. 206. REPORTS FROM MORTGAGEES OF VESSELS.
Section 12120 of title 46, United States Code, is amended by striking `owners,
masters, and charterers' and inserting `owners, masters, charterers, and mortgagees'.
SEC. 207. INTERNATIONAL TRAINING AND TECHNICAL ASSISTANCE.
(a) IN GENERAL- Section 149 of title 14, United States Code, is amended--
(1) by striking the section heading and inserting the following:
`Sec. 149. Assistance to foreign governments and maritime authorities';
(2) by inserting `(a) DETAIL OF MEMBERS TO ASSIST FOREIGN GOVERNMENTS- '
before `The President'; and
(3) by adding at the end the following:
`(b) TECHNICAL ASSISTANCE TO FOREIGN MARITIME AUTHORITIES- The Commandant,
in coordination with the Secretary of State, may, in conjunction with regular
Coast Guard operations, provide technical assistance, including law enforcement
and maritime safety and security training, to foreign navies, coast guards,
and other maritime authorities.'.
(b) CLERICAL AMENDMENT- The chapter analysis for chapter 7 of title 14, United
States Code, is amended by striking the item relating to section 149 and inserting
the following:
`149. Assistance to Foreign Governments and Maritime Authorities.'
SEC. 208. REFERENCE TO TRUST TERRITORY OF THE PACIFIC ISLANDS.
Section 2102(a) of title 46, United States Code, is amended--
(1) by striking `37, 43, 51, and 123' and inserting `43, 51, 61, and 123';
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
SEC. 209. BIO-DIESEL FEASIBILITY STUDY.
(a) STUDY- The Secretary of the department in which the Coast Guard is operating
shall conduct a study that examines the technical feasibility, costs, and
potential cost savings of using bio-diesel fuel in new and existing Coast
Guard vehicles and vessels, and which focuses on the use of bio-diesel fuel
in ports which have a high-density of vessel traffic, including ports for
which vessel traffic systems have been established.
(b) REPORT- Not later than 1 year after the date of enactment of this Act,
the Secretary of the department in which the Coast Guard is operating shall
transmit a report containing the findings, conclusions, and recommendations
(if any) from the study to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on Transportation
and Infrastructure.
SEC. 210. CERTIFICATION OF VESSEL NATIONALITY IN DRUG SMUGGLING CASES.
Section 3(c)(2) of the Maritime Drug Law Enforcement Act (46 U.S.C. App. 1903(c)(2))
is amended by striking the last sentence and inserting `The response of a
foreign nation to a claim of registry under subparagraph (A) or (C) may be
made by radio, telephone, or similar oral or electronic means, and is conclusively
proved by certification of the Secretary of State or the Secretary's designee.'.
SEC. 211. JONES ACT WAIVERS.
Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 U.S.C. App.
883), a vessel that was not built in the United States may transport fish
or shellfish within the coastal waters of the State of Maine if the vessel--
(1) meets the other requirements of section 27 of the Merchant Marine Act,
1920 (46 U.S.C. App. 883) and section 2 of the Shipping Act, 1916 (46 U.S.C.
App. 802) for engaging in the coastwise trade;
(2) is ineligible for documentation under chapter 121 of title 46, United
States Code, because it measures less than 5 net tons;
(3) has transported fish or shellfish within the coastal waters of the State
of Maine prior to December 31, 2004; and
(4) has not undergone a transfer of ownership after December 31, 2004.
SEC. 212. DEEPWATER OVERSIGHT.
No later than 90 days after the date of enactment of this Act, the Coast Guard,
in consultation with Government Accountability Office, shall provide a report
to the Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Transportation and Infrastructure on--
(1) the status of the Coast Guard's implementation of Government Accountability
Office's recommendations in its report, GAO-04-380, `Coast Guard Deepwater
Program Needs Increased Attention to Management and Contractor Oversight';
and
(2) the dates by which the Coast Guard plans to fully implement such recommendations
if any remain open as of the date the report is transmitted to the Committees.
SEC. 213. DEEPWATER REPORT.
The Secretary of Homeland Security shall submit to the Congress, in conjunction
with the transmittal by the President of the Budget of the United States for
Fiscal Year 2007, a revised Deepwater baseline that includes--
(1) a justification for the projected number and capabilities of each asset
(including the ability of each asset to meet service performance goals);
(2) an accelerated acquisition timeline that reflects project completion
in 10 years and 15 years (included in this timeline shall be the amount
of assets procured during each year of the accelerated program);
(3) the required funding for each accelerated acquisition timeline that
reflects project completion in 10 years and 15 years;
(4) anticipated costs associated with legacy asset sustainment for each
accelerated acquisition timeline that reflects project completion in 10
years and 15 years;
(5) anticipated mission deficiencies, if any, associated with the continued
degradation of legacy assets in combination with the procurement of new
assets within each accelerated acquisition timeline that reflects project
completion in 10 years and 15 years;
(6) a comparison of the amount of required assets in the current baseline
to the amount of required assets according to the Coast Guard's Performance
Gap Analysis Study; and
(7) an evaluation of the overall feasibility of achieving each accelerated
acquisition timeline (including contractor capacity, national shipbuilding
capacity, asset integration into Coast Guard facilities, required personnel,
training infrastructure capacity on technology associated with new assets).
SEC. 214. LORAN-C.
There are authorized to be appropriated to the Department of Transportation,
in addition to funds authorized for the Coast Guard for operation of the LORAN-C
system, for capital expenses related to LORAN-C navigation infrastructure,
$25,000,000 for fiscal year 2006 and $25,000,000 for fiscal year 2007. The
Secretary of Transportation may transfer from the Federal Aviation Administration
and other agencies of the Department funds appropriated as authorized under
this section in order to reimburse the Coast Guard for related expenses.
SEC. 215. LONG-RANGE VESSEL TRACKING SYSTEM.
(a) PILOT PROJECT- The Secretary of the department in which the Coast Guard
is operating, acting through the Commandant of the Coast Guard, shall conduct
a pilot program for long range tracking of up to 2,000 vessels using satellite
systems with an existing nonprofit maritime organization that has a demonstrated
capability of operating a variety of satellite communications systems providing
data to vessel tracking software and hardware that provides long range vessel
information to the Coast Guard to aid maritime security and response to maritime
emergencies.
(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
to the Secretary of the department in which the Coast Guard is operating $4,000,000
for each of fiscal years 2006, 2007, and 2008 to carry out subsection (a).
SEC. 216. MARINE VESSEL AND COLD WATER SAFETY EDUCATION.
The Coast Guard shall continue cooperative agreements and partnerships with
organizations in effect on the date of enactment of this Act that provide
marine vessel safety training and cold water immersion education and outreach
programs for fishermen and children.
SEC. 217. SUCTION ANCHORS.
Section 12105 of title 46, United States Code, is amended by adding at the
end the following:
`(c) No vessel without a registry or coastwise endorsement may engage in the
movement of anchors or other mooring equipment from one point over or on the
United States outer Continental Shelf to another such point in connection
with exploring for, developing, or producing resources from the outer Continental
Shelf.
TITLE III--UNITED STATES OCEAN COMMISSION IMPLEMENTATION
SEC. 301. PLACE OF REFUGE.
(a) IN GENERAL- Within 12 months after the date of enactment of this Act,
the United States Coast Guard, working with hazardous spill response agencies,
marine salvage companies, State and local law enforcement and marine agencies,
and other Federal agencies including the National Oceanic and Atmospheric
Administration and the Environmental Protection Agency, shall, in accordance
with the recommendations of the United States Commission on Ocean Policy in
its final report, develop a comprehensive and effective process for determining
whether and under what circumstances damaged vessels may seek a place of refuge
in the United States suitable to the specific nature of distress each vessel
is experiencing.
(b) REPORT- The Commandant of the Coast Guard shall transmit a report annually
to the Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Transportation and Infrastructure describing
the process established and any cases in which a vessel was provided with
a place of refuge in the preceding year.
(c) PLACE OF REFUGE DEFINED- In this section, the term `place of refuge' means
a place where a ship in need of assistance can take action to enable it to
stabilize its condition and reduce the hazards to navigation and to protect
human life and the environment.
SEC. 302. IMPLEMENTATION OF INTERNATIONAL AGREEMENTS.
The Secretary of the department in which the Coast Guard is operating shall,
in consultation with appropriate Federal agencies, work with the responsible
officials and agencies of other Nations to accelerate efforts at the International
Maritime Organization to enhance flag State oversight and enforcement of security,
environmental, and other agreements adopted within the International Maritime
Organization, including implementation of--
(1) a code outlining flag State responsibilities and obligations;
(2) an audit regime for evaluating flag State performance;
(3) measures to ensure that responsible organizations, acting on behalf
of flag States, meet established performance standards; and
(4) cooperative arrangements to improve enforcement on a bilateral, regional
or international basis.
SEC. 303. VOLUNTARY MEASURES FOR REDUCING POLLUTION FROM RECREATIONAL BOATS.
The Secretary of the department in which the Coast Guard is operating shall,
in consultation with appropriate Federal, State, and local government agencies,
undertake outreach programs for educating the owners and operators of boats
using two-stroke engines about the pollution associated with such engines,
and shall support voluntary programs to reduce such pollution and that encourage
the early replacement of older two-stroke engines.
SEC. 304. INTEGRATION OF VESSEL MONITORING SYSTEM DATA.
The Secretary of the department in which the Coast Guard is operating shall
integrate vessel monitoring system data into its maritime operations databases
for the purpose of improving monitoring and enforcement of Federal fisheries
laws, and shall work with the Undersecretary of Commerce for Oceans and Atmosphere
to ensure effective use of such data for monitoring and enforcement.
SEC. 305. FOREIGN FISHING INCURSIONS.
(a) IN GENERAL- No later than 180 days after the date of enactment of this
Act, the Secretary of the department in which the Coast Guard is operating
shall provide a report to the Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Transportation and Infrastructure
on steps that the Coast Guard will take to significantly improve the Coast
Guard's detection and interdiction of illegal incursions into the United States
exclusive economic zone by foreign fishing vessels.
(b) SPECIFIC ISSUES TO BE ADDRESSED- The report shall--
(1) focus on areas in the exclusive economic zone where the Coast Guard
has failed to detect or interdict such incursions in the 4 fiscal year period
beginning with fiscal year 2000, including the Western/Central Pacific;
and
(2) include an evaluation of the potential use of unmanned aircraft and
offshore platforms for detecting or interdicting such incursions.
(c) BIENNIAL UPDATES- The Secretary shall provide biannual reports updating
the Coast Guard's progress in detecting or interdicting such incursions to
the Senate Commerce, Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure.
TITLE IV--COAST GUARD PERSONNEL, FINANCIAL, AND PROPERTY MANAGEMENT
SEC. 401. RESERVE OFFICER DISTRIBUTION.
Section 724 of title 14, United States Code, is amended--
(1) by inserting `Reserve officers on an Active-duty list shall not be counted
as part of the authorized number of officers in the Reserve.' after `5,000.'
in subsection (a); and
(2) by striking so much of subsection (b) as precedes paragraph (2) and
inserting the following:
`(b)(1) The Secretary shall, at least once a year, make a computation to determine
the number of Reserve officers in an active status authorized to be serving
in each grade. The number in each grade shall be computed by applying the
applicable percentage to the total number of such officers serving in an active
status on the date the computation is made. The number of Reserve officers
in an active status below the grade of rear admiral (lower half) shall be
distributed by pay grade so as not to exceed percentages of commissioned officers
authorized by section 42(b) of this title. When the actual number of Reserve
officers in an active status in a particular pay grade is less than the maximum
percentage authorized, the difference may be applied to the number in the
next lower grade. A Reserve officer may not be reduced in rank or grade solely
because of a reduction in an authorized number as provided for in this subsection,
or because an excess results directly from the operation of law.'.
SEC. 402. COAST GUARD BAND DIRECTOR.
(a) BAND DIRECTOR APPOINTMENT AND GRADE- Section 336 of title 14, United States
Code, is amended--
(1) by striking the first sentence of subsection (b) and inserting `The
Secretary may designate as the director any individual determined by the
Secretary to possess the necessary qualifications.';
(2) by striking `a member so designated' in the second sentence of subsection
(b) and inserting `an individual so designated';
(3) by striking `of a member' in subsection (c) and inserting `of an individual';
(4) by striking `of lieutenant (junior grade) or lieutenant.' in subsection
(c) and inserting `determined by the Secretary to be most appropriate to
the qualifications and experience of the appointed individual.';
(5) by striking `A member' in subsection (d) and inserting `An individual';
and
(6) by striking `When a member's designation is revoked,'in subsection (e)
and inserting `When an individual's designation is revoked,'.
(b) CURRENT DIRECTOR- The incumbent Coast Guard Band Director on the date
of enactment of this Act may be immediately promoted to a commissioned grade,
not to exceed captain, determined by the Secretary of the department in which
the Coast Guard is operating to be most appropriate to the qualifications
and experience of that individual.
SEC. 403. RESERVE RECALL AUTHORITY.
Section 712 of title 14, United States Code, is amended--
(1) by striking `during' in subsection (a) and inserting `during, or to
aid in prevention of an imminent,';
(2) by striking `or catastrophe,' in subsection (a) and inserting `catastrophe,
act of terrorism (as defined in section 2(15) of the Homeland Security Act
of 2002 (6 U.S.C. 101(15))), or transportation security incident as defined
in section 70101 of title 46, United States Code,';
(3) by striking `thirty days in any four month period' in subsection (a)
and inserting `60 days in any 4-month period';
(4) by striking `sixty days in any two-year period' in subsection (a) and
inserting `120 days in any 2-year period'; and
(5) by adding at the end the following:
`(e) For purposes of calculating the duration of active duty allowed pursuant
to subsection (a), each period of active duty shall begin on the first day
that a member reports to active duty, including for purposes of training.'.
SEC. 404. EXPANSION OF EQUIPMENT USED BY AUXILIARY TO SUPPORT COAST GUARD
MISSIONS.
(a) MOTORIZED VEHICLE AS FACILITY- Section 826 of title 14, United States
Code, is amended--
(1) by inserting `(a)' before `Members'; and
(2) adding at the end the following:
`(b) The Coast Guard may utilize to carry out its functions and duties as
authorized by the Secretary any motorized vehicle placed at its disposition
by any member of the auxiliary, by any corporation, partnership, or association,
or by any State or political subdivision thereof to tow government property.'.
(b) APPROPRIATIONS FOR FACILITIES- Section 830(a) of title 14, United States
Code, is amended by striking `or radio station' each place it appears and
inserting `radio station, or motorized vehicle utilized under section 826(b)'.
SEC. 405. AUTHORITY FOR ONE-STEP TURNKEY DESIGN-BUILD CONTRACTING.
(a) IN GENERAL- Chapter 17 of title 14, United States Code, is amended by
adding at the end the following:
`Sec. 677. Turn-key selection procedures
`(a) AUTHORITY TO USE- The Secretary may use one-step turn-key selection procedures
for the purpose of entering into contracts for construction projects.
`(b) DEFINITIONS- In this section--
`(1) ONE-STEP TURN-KEY SELECTION PROCEDURES- The term `one-step turn-key
selection procedures' means procedures used for the selection of a contractor
on the basis of price and other evaluation criteria to perform, in accordance
with the provisions of a firm fixed-price contract, both the design and
construction of a facility using performance specifications supplied by
the Secretary.
`(2) CONSTRUCTION- The term `construction' includes the construction, procurement,
development, conversion, or extension, of any facility.
`(3) FACILITY- The term `facility' means a building, structure, or other
improvement to real property.'.
(b) CLERICAL AMENDMENT- The chapter analysis for chapter 17 of title 14, United
States Code, is amended by inserting after the item relating to section 676
the following:
`677. Turn-key selection procedures.'
SEC. 406. OFFICER PROMOTION.
Section 257 of title 14, United States Code, is amended by adding at the end
the following:
`(f) The Secretary of the Department in which the Coast Guard is operating
may waive subsection (a) of this section to the extent necessary to allow
officers described therein to have at least 2 opportunities for consideration
for promotion to the next higher grade as officers below the promotion zone.'.
SEC. 407. REDESIGNATION OF COAST GUARD LAW SPECIALISTS AS JUDGE ADVOCATES.
(a) Section 801 of title 10, United States Code, is amended--
(1) by striking `The term `law specialist' in paragraph (11) and inserting
`The term `judge advocate', in the Coast Guard,';
(2) by striking `advocate; or' in paragraph (13) and inserting `advocate.';
and
(3) by striking subparagraph (C) of paragraph (13).
(b) Section 727 of title 14, United States Code, is amended by striking `law
specialist' and inserting `judge advocate'.
(c) Section 465(a)(2) of the Social Security Act (42 U.S.C. 665(a)(2)) is
amended by striking `law specialist' and inserting `judge advocate'.
SEC. 408. BOATING SAFETY DIRECTOR.
(a) IN GENERAL- Subchapter A of chapter 11 of title 14, United States Code,
is amended by adding at the end the following:
`Sec. 337. Director, Office of Boating Safety
`The initial appointment of the Director of the Boating Safety Office shall
be in the grade of Captain.'.
(b) CLERICAL AMENDMENT- The chapter analysis for chapter 11 of title 14, United
States Code, is amended by inserting after the item relating to section 336
the following:
`337. Director, Office of Boating Safety.'
SEC. 409. HANGAR AT COAST GUARD AIR STATION BARBERS POINT.
No later than 180 days after the date of enactment of this Act, the Secretary
of the Department in which the Coast Guard is operating shall provide the
Senate Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure with a proposal
and cost analysis for constructing an enclosed hangar at Air Station Barbers
Point. The proposal should ensure that the hangar has the capacity to shelter
current aircraft assets and those projected to be located at the station over
the next 20 years.
TITLE V--TECHNICAL AND CONFORMING AMENDMENTS
SEC. 501. GOVERNMENT ORGANIZATION.
Title 5, United States Code, is amended--
(1) by inserting `The Department of Homeland Security.' after `The Department
of Veterans Affairs.' in section 101';
(2) by inserting `the Secretary of Homeland Security,' in section 2902(b)
after `Secretary of the Interior,'; and
(3) in sections 5520a(k)(3), 5595(h)(5), 6308(b), and 9001(10), by striking
`of Transportation' each place it appears and inserting `of Homeland Security'.
SEC. 502. WAR AND NATIONAL DEFENSE.
The Soldiers' and Sailors' Civil Relief Act of 1940 (Public Law 76-861, 56
Stat. 1178, 50 U.S.C. App. 501 et seq.) is amended--
(1) by striking `Secretary of Transportation' each place it appears in section
515 and inserting `Secretary of Homeland Security'; and
(2) by striking `Secretary of Transportation' in section 530(d) and inserting
`Secretary of Homeland Security'.
SEC. 503. FINANCIAL MANAGEMENT.
Title 31, United States Code, is amended--
(1) by striking `of Transportation' in section 3321(c) and inserting `of
Homeland Security.';
(2) by striking `of Transportation' in section 3325(b) and inserting `of
Homeland Security';
(3) by striking `of Transportation' each place it appears in section 3527(b)(1)
and inserting `of Homeland Security'; and
(4) by striking `of Transportation' in section 3711(f) and inserting `of
Homeland Security'.
SEC. 504. PUBLIC CONTRACTS.
Section 11 of title 41, United States Code, is amended by striking `of Transportation'
each place it appears and inserting `of Homeland Security'.
SEC. 505. PUBLIC PRINTING AND DOCUMENTS.
Sections 1308 and 1309 of title 44, United States Code, are amended by striking
`of Transportation' each place it appears and inserting `of Homeland Security'.
SEC. 506. SHIPPING.
Title 46, United States Code, is amended--
(1) by striking `a Coast Guard or' in section 2109;
(2) by striking the second sentence of section 6308(a) and inserting `Any
employee of the Department of Transportation, and any member of the Coast
Guard, investigating a marine casualty pursuant to section 6301 of this
title, shall not be subject to deposition or other discovery, or otherwise
testify in such proceedings relevant to a marine casualty investigation,
without the permission of the Secretary of Transportation for Department
of Transportation employees or the Secretary of Homeland Security for military
members or civilian employees of the Coast Guard.'; and
(3) by striking `of Transportation' in section 13106(c) and inserting `of
Homeland Security'.
SEC. 507. TRANSPORTATION; ORGANIZATION.
Section 324 of title 49, United States Code, is amended by striking subsection
(b); and redesignating subsections (c) and (d) as subsections (b) and (c),
respectively.
SEC. 508. MORTGAGE INSURANCE.
Section 222 of the National Housing Act of 1934 (12 U.S.C. 1715m) is amended
by striking `of Transportation' each place it appears and inserting `of Homeland
Security'.
SEC. 509. ARCTIC RESEARCH.
Section 107(b)(2) of the Arctic Research and Policy Act of 1984 (15 U.S.C.
4106(b)(2)) is amended--
(1) by striking `and' after the semicolon in subparagraph (J);
(2) by redesignating subparagraph (K) as subparagraph (L); and
(3) by inserting after subparagraph (J) the following new subparagraph:
`(K) the Department of Homeland Security; and'.
SEC. 510. CONSERVATION.
(a) Section 1029(e)(2)(B) of the Bisti/De-Na-Zin Wilderness Expansion and
Fossil Protection Act of 1996 (16 U.S.C. 460kkk(e)) is amended by striking
`of Transportation' and inserting `of Homeland Security'.
(b) Section 312(a)(2)(C) of the Antarctic Marine Living Resources Convention
Act of 1984 (16 U.S.C. 2441(c)) is amended by striking `of Transportation'
and inserting `of Homeland Security'.
SEC. 511. CONFORMING AMENDMENT.
Section 3122 of the Internal Revenue Code of 1986 is amended by striking `Secretary
of Transportation' each place it appears and inserting `Secretary of the Department
in which the Coast Guard is operating'.
SEC. 512. ANCHORAGE GROUNDS.
Section 7 of the Rivers and Harbors Act of 1915 (33 U.S.C. 471) is amended
by striking `of Transportation' and inserting `of Homeland Security'.
SEC. 513. BRIDGES.
Section 4 of the General Bridge Act of 1906 (33 U.S.C. 491) is amended by
striking `of Transportation' and inserting `of Homeland Security'.
SEC. 514. LIGHTHOUSES.
(a) Section 1 of Public Law 70-803 (33 U.S.C. 747b) is amended by striking
`of Transportation' and inserting `of Homeland Security'.
(b) Section 2 of Public Law 65-174 (33 U.S.C. 748) is amended by striking
`of Transportation' and inserting `of Homeland Security'.
(c) Sections 1 and 2 of Public Law 75-515 (33 U.S.C. 745a, 748a) are amended
by striking `of Transportation' each place it appears and inserting `of Homeland
Security'.
SEC. 515. OIL POLLUTION.
The Oil Pollution Act of 1990 (33 U.S.C. 2701 et. seq.) is amended--
(1) by inserting `Homeland Security,' in section 5001(c)(1)(B) (33 U.S.C.
2731(c)(1)(B)) after `the Interior,';
(2) by striking `of Transportation.' in section 5002(m)(4) (33 U.S.C. 2732(m)(4))
and inserting `of Homeland Security.';
(3) by striking section 7001(a)(3) (33 U.S.C. 2761(a)(3)) and inserting
the following:
`(A) The Interagency Committee shall include representatives from the Department
of Commerce (including the National Oceanic and Atmospheric Administration
and the National Institute of Standards and Technology), the Department
of Energy, the Department of the Interior (including the Minerals Management
Service and the United States Fish and Wildlife Service), the Department
of Transportation (including the Maritime Administration and the Pipeline
and Hazardous Materials Safety Administration), the Department of Defense
(including the Army Corps of Engineers and the Navy), the Department of
Homeland Security (including the United States Coast Guard and the United
States Fire Administration in the Federal Emergency Management Agency),
the Environmental Protection Agency, and the National Aeronautics and Space
Administration, as well as such other Federal agencies the President may
designate.
`(B) A representative of the Department of Transportation shall serve as
Chairman.'; and
(4) by striking `other' in section 7001(c)(6) (33 U.S.C. 2761(c)(6)) before
`such agencies'.
SEC. 516. MEDICAL CARE.
Section 1(g)(4)(B) of the Medical Care Recovery Act of 1962 (42 U.S.C. 2651(g)(4)(B))
is amended by striking `of Transportation,' and inserting `of Homeland Security,'.
SEC. 517. CONFORMING AMENDMENT TO SOCIAL SECURITY ACT.
Section 201(p)(3) of the Social Security Act (42 U.S.C. 405(p)(3)) is amended
by striking `of Transportation' each place it appears and inserting `of Homeland
Security'.
SEC. 518. SHIPPING.
Section 27 of the Merchant Marine Act of 1920 (46 U.S.C. App. 883) is amended
by striking `Satisfactory inspection shall be certified in writing by the
Secretary of Transportation' and inserting `Satisfactory inspection shall
be certified in writing by the Secretary of Homeland Security.'.
SEC. 519. NONTANK VESSELS.
Section 311(a)(26) of the Federal Water Pollution Control Act (33 U.S.C. 1321(A)(26))
is amended to read as follows:
`(26) `nontank vessel' means a self-propelled vessel--
`(A) of at least 400 gross tons as measured under section 14302 of title
46, United States Code, or, for vessels not measured under that section,
as measured under section 14502 of that title;
`(B) other than a tank vessel;
`(C) that carries oil of any kind as fuel for main propulsion; and
`(D) that is a vessel of the United States or that operates on the navigable
waters of the United States including all waters of the territorial sea
of the United States as described in Presidential Proclamation No. 5928
of December 27, 1988.'.
SEC. 520. DRUG INTERDICTION REPORT.
(a) IN GENERAL- Section 89 of title 14, United States Code, is amended by
adding at the end the following:
(d) QUARTERLY REPORTS ON DRUG INTERDICTION- Not later than 30 days after the
end of each fiscal year quarter, the Secretary of Homeland Security shall
submit to the House of Representatives Committee on Transportation and Infrastructure
and the Senate Committee on Commerce, Science, and Transportation a report
on all expenditures related to drug interdiction activities of the Coast Guard
on an annual basis.'.
(b) CONFORMING AMENDMENT- Section 103 of the Coast Guard Authorization Act
of 1996 (14 U.S.C. 89 note) is repealed.
SEC. 521. ACTS OF TERRORISM REPORT.
Section 905 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986
(46 U.S.C. App. 1802) is amended--
(1) by striking `Not later than February 28, 1987, and annually thereafter,
the Secretary of Transportation shall report' and inserting `The Secretary
of Homeland Security shall report annually'; and
(2) by inserting `Beginning with the first report submitted under this section
after the date of enactment of the Maritime Transportation Security Act
of 2002, the Secretary shall include a description of activities undertaken
under title I of that Act and an analysis of the effect of those activities
on port security against acts of terrorism.' after `ports.'.
TITLE VI--EFFECTIVE DATES
SEC. 601. EFFECTIVE DATES.
(a) IN GENERAL- Except as provided in subsection (b), this Act and the amendments
made by this Act shall take effect on the date of enactment.
(b) EXCEPTION- Sections 501 through 518 of this Act and the amendments made
by those sections shall take effect on March 1, 2003.
END
