[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2443 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
March 30, 2004.
Resolved, That the bill from the House of Representatives (H.R.
2443) entitled ``An Act to authorize appropriations for the Coast Guard
for fiscal year 2004, to amend various laws administered by the Coast
Guard, and for other purposes.'', do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coast Guard Authorization Act of
2004''.
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 PERSONNEL, FINANCIAL, AND PROPERTY MANAGEMENT
Sec. 201. Enlisted member critical skill training bonus.
Sec. 202. Amend limits to the number of commanders and lieutenant
commanders.
Sec. 203. Expansion of Coast Guard housing authorities.
Sec. 204. Property owned by Auxiliary units and dedicated solely for
Auxiliary use.
Sec. 205. Coast Guard Auxiliary units as instrumentalities of the
United States for taxation purposes.
Sec. 206. Maximum age for retention in an active status.
Sec. 207. Term of enlistments.
Sec. 208. Requirement for constructive credit.
Sec. 209. Nonappropriated fund instrumentalities.
Sec. 210. Travel card management.
Sec. 211. Use of military child development centers and other programs.
TITLE III--LAW ENFORCEMENT, MARINE SAFETY, AND ENVIRONMENTAL PROTECTION
Sec. 301. Marking of underwater wrecks.
Sec. 302. Prohibition on operation of certain electronic devices; ports
and waterways partnerships and cooperative
ventures.
Sec. 303. Reports from charterers.
Sec. 304. Revision of temporary suspension criteria in suspension and
revocation cases.
Sec. 305. Revision of bases for suspension and revocation cases.
Sec. 306. Removal of mandatory revocation for proved drug convictions
in suspension and revocation cases.
Sec. 307. Records of merchant mariners' documents.
Sec. 308. Exemption of unmanned barges from certain citizenship
requirements.
Sec. 309. Increase in civil penalties for violations of certain bridge
statutes.
Sec. 310. Civil penalties for failure to comply with recreational
vessel and associated equipment safety
standards.
Sec. 311. Correction to definition of Federal law enforcement agencies
in the Enhanced Border Security and Visa
Entry Reform Act of 2002.
Sec. 312. Stopping vessels; immunity for firing at or into vessel.
Sec. 313. Use of unexpended funds for bridge alterations under Truman-
Hobbs Act.
Sec. 314. Inland navigation rules promulgation authority.
Sec. 315. Prevention of departure.
Sec. 316. Compliance with international safety management code.
Sec. 317. Amendments to vessel response plan requirements.
Sec. 318. Requirements for tank level and pressure monitoring devices.
Sec. 319. Report on implementation of the Oil Pollution Act.
Sec. 320. Loans for fishermen impacted by oil spills.
Sec. 321. Fisheries enforcement plans and reporting.
Sec. 322. Deepwater report.
Sec. 323. Small passenger vessel safety.
Sec. 324. Electronic navigational charting.
Sec. 325. Measures for the protection of North Atlantic Right Whales
from ship strikes.
Sec. 326. Foreign vessel security plans.
TITLE IV--MISCELLANEOUS
Sec. 401. Conveyance of lighthouses.
Sec. 402. LORAN-C.
Sec. 403. Conveyance of decommissioned Coast Guard cutters.
Sec. 404. Koss Cove.
Sec. 405. Declaration of non-navigability for portion of the Wateree
River.
Sec. 406. Correction of 2002 coastwise trade authorization provision.
Sec. 407. Innovative construction alternatives.
Sec. 408. Bridge administration.
Sec. 409. National Coast Guard Museum.
TITLE I--AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Year 2004.--There are authorized to be appropriated for
necessary expenses of the Coast Guard for fiscal year 2004 the
following amounts:
(1) For the operation and maintenance of the Coast Guard,
$4,913,000,000, of which $25,000,000 shall be derived from the
Oil Spill Liability Trust Fund, of which--
(A) $70,000,000 shall be available to analyze port
security plans prepared in compliance with chapter 701
of title 46, United States Code;
(B)$100,000,000 shall be available for increased
operating expenses due to heightened security efforts;
and
(C) $36,000,000 may be available for use in
commissioning 3 additional Marine Safety and Security
Teams.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment related
thereto, $1,017,000,000 (of which $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, of which--
(A) $702,000,000 shall be available for the Coast
Guard's integrated deepwater system;
(B) $134,000,000 shall be available for the Coast
Guard's ``Rescue 21'' program; and
(C) $40,000,000 shall be available for the
Automatic Identification System.
(3) 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
support of search and rescue, aids to navigation, marine
safety, marine environmental protection, enforcement of laws
and treaties, ice operations, oceanographic research, and
defense readiness, $22,000,000, to remain available until
expended, of which $3,500,000 shall be derived from the Oil
Spill Liability Trust Fund.
(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, $1,020,000,000, to remain
available until expended.
(5) For environmental compliance and restoration at Coast
Guard facilities (other than parts and equipment associated
with operations and maintenance), $17,000,000, to remain
available until expended.
(6) 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--
(A) $16,000,000, to remain available until
expended; and
(B) $2,500,000, to remain available until expended,
which may be utilized for construction of a new Chelsea
Street Bridge over the Chelsea River in Boston,
Massachusetts.
(7) For reserve training, $95,000,000.
(b) Fiscal Year 2005.--There are authorized to be appropriated for
necessary expenses of the Coast Guard for fiscal year 2005 the
following amounts.
(1) For the operation and maintenance of the Coast Guard,
$5,404,300,000, of which $25,000,000 shall be derived from the
Oil Spill Liability Trust Fund.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment related
thereto, $1,068,000,000 (of which $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, of which--
(A) $708,000,000 shall be available for the Coast
Guard's Integrated Deepwater System; and
(B) $161,000,000 shall be available for the Coast
Guard's Rescue 21 program.
(3) 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
support of search and rescue, aids to navigation, marine
safety, marine environmental protection, enforcement of laws
and treaties, ice operations, oceanographic research, and
defense readiness, $24,2000,000, to remain available until
expended, of which $3,500,000 shall be derived from the Oil
Spill Liability Trust Fund.
(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, $1,122,000,000, to remain
available until expended.
(5) For environmental compliance and restoration at Coast
Guard facilities (other than parts and equipment associated
with operations and maintenance), $18,700,000, to remain
available until expended.
(6) 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--
(A) $17,850,000, to remain available until
expended; and
(B) $2,500,000, to remain available until expended,
which may be utilized for construction of a new Chelsea
Street Bridge over the Chelsea River in Boston,
Massachusetts.
(7) For reserve training $104,500,000.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
(a) End-of-Year Strength for Fiscal Year 2004.--The Coast Guard is
authorized an end-of-year strength of active duty personnel of 45,500
as of September 30, 2004.
(b) Training Student Loads for Fiscal Year 2004.--For fiscal year
2004, 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.
TITLE II--COAST GUARD PERSONNEL, FINANCIAL, AND PROPERTY MANAGEMENT
SEC. 201. ENLISTED MEMBER CRITICAL SKILL TRAINING BONUS.
(a) In General.--Chapter 11 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 374. Critical skill training bonus
``(a) The Secretary may provide a bonus, not to exceed $20,000, to
enlisted members who complete training in a skill designated as
critical, provided at least four years of obligated active service
remain on the member's enlistment at the time the training is
completed. A bonus under this section may be paid in a single lump sum
or in periodic installments.
``(b) If an enlisted member voluntarily or because of misconduct
does not complete his or her term of obligated active service, the
Secretary may require the member to repay the United States, on a pro
rata basis, all sums paid under this section. The Secretary shall
charge interest on the reimbursed amount at a rate, to be determined
quarterly, equal to 150 percent of the average of the yields on the 91-
day Treasury bills auctioned during the preceding calendar quarter.''.
(b) Conforming Amendment.--The chapter analysis for chapter 11 of
title 14, United States Code, is amended by inserting after the item
relating to section 373 the following:
``374. Critical skill training bonus.''.
SEC. 202. AMEND LIMITS TO THE NUMBER OF COMMANDERS AND LIEUTENANT
COMMANDERS.
Section 42 of title 14, United States Code, is amended --
(1) by striking ``The'' in subsection (a) and inserting
``Except in time of war or national emergency declared by
Congress or the President, the'';
(2) by striking ``6,200.'' in subsection (a) and inserting
``7,100. In time of war or national emergency, the Secretary
shall establish the total number of commissioned officers,
excluding commissioned warrant officers, on active duty in the
Coast Guard.''; and
(3) by striking ``commander 12.0; lieutenant commander
18.0.'' in subsection (b) and inserting ``commander 15.0;
lieutenant commander 22.0.''.
SEC. 203. EXPANSION OF COAST GUARD HOUSING AUTHORITIES.
(a) Definitions.--Section 680 of title 14, United States Code, is
amended by adding at the end the following:
``(5) The term `eligible entity' means any private person,
corporation, firm, partnership, company, State or local
government, or housing authority of a State or local
government.''.
(b) Direct Loans and Loan Guarantees.--Section 682 of title 14,
United States Code, is amended--
(1) by striking the section heading and inserting the
following:
``Sec. 682. Direct loans and loan guarantees'';
(2) by redesignating subsections (a) and (b) as subsections
(b) and (c), respectively;
(3) by inserting before subsection (b), as redesignated,
the following:
``(a) Direct Loans.--(1) Subject to subsection (c), the Secretary
may make direct loans to an eligible entity in order to provide funds
to the eligible entity for the acquisition or construction of housing
units that the Secretary determines are suitable for use as military
family housing or as military unaccompanied housing.
``(2) The Secretary shall establish such terms and conditions with
respect to loans made under this subsection as the Secretary considers
appropriate to protect the interests of the United States, including
the period and frequency for repayment of such loans and the
obligations of the obligors on such loans upon default.'';
(4) by striking ``subsection (b),'' in subsection (b), as
redesignated, and inserting ``subsection (c),''; and
(5) by striking the subsection heading for subsection (c),
as redesignated, and inserting ``(c) Direct Loans and Loan
Guarantees.--''.
(c) Conforming Amendment.--The chapter analysis for chapter 17 of
title 14, United States Code, is amended by striking the item related
to section 682 and inserting the following:
``682. Direct loans and loan guarantees.''.
SEC. 204. PROPERTY OWNED BY AUXILIARY UNITS AND DEDICATED SOLELY FOR
AUXILIARY USE.
Section 821 of title 14, United States Code, is amended by adding
at the end the following:
``(d) Subject to the approval of the Commandant:
``(1) The Coast Guard Auxiliary and each organizational
element and unit (whether or not incorporated), shall have the
power to acquire, own, hold, lease, encumber, mortgage,
transfer, and dispose of personal property for the purposes set
forth in section 822. Personal property owned by the Auxiliary
or an Auxiliary unit, or any element thereof, whether or not
incorporated, shall at all times be deemed to be property of
the United States for the purposes of the statutes described in
paragraphs (1) through (6) of subsection (b) while such
property is being used by or made exclusively available to the
Auxiliary as provided in section 822.
``(2) Personal property owned by the Auxiliary or an
Auxiliary unit or any element or unit thereof, shall not be
considered property of the United States for any other purpose
or under any other provision of law except as provided in
sections 821 through 832 and section 641 of this title. The
necessary expenses of operation, maintenance and repair or
replacement of such property may be reimbursed using
appropriated funds.
``(3) For purposes of this subsection, personal property
includes, but is not limited to, motor boats, yachts, aircraft,
radio stations, motorized vehicles, trailers, or other
equipment.''.
SEC. 205. COAST GUARD AUXILIARY UNITS AS INSTRUMENTALITIES OF THE
UNITED STATES FOR TAXATION PURPOSES.
Section 821(a) of title 14, United States Code, is amended by
inserting ``The Auxiliary and each organizational element and unit
shall be deemed to be instrumentalities and political subdivisions of
the United States for taxation purposes and for those exemptions as
provided under section 107 of title 4.'' after the second sentence.
SEC. 206. MAXIMUM AGE FOR RETENTION IN AN ACTIVE STATUS.
Section 742 of title 14, United States Code, is amended--
(1) by striking ``sixty-two years of age.'' in subsection
(a) and inserting ``sixty years of age unless on active duty,
other than for training, duty on a board, or duty of a limited
or temporary nature if assigned to active duty from an inactive
duty status.'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively, and inserting after subsection (a)
the following:
``(b) A Reserve officer on active duty, other than for training,
duty on a board, or duty of a limited or temporary nature if assigned
to active duty from an inactive duty status, shall, if qualified, be
retired effective upon the day the officer becomes sixty-two years of
age. If not qualified for retirement, a Reserve officer on active duty,
other than for training, duty on a board, or duty of a limited or
temporary nature if assigned to active duty from an inactive duty
status, shall be discharged effective upon the day the officer becomes
sixty-two years of age.'';
(3) by striking ``sixty-four'' in subsection (c), as
redesignated, and inserting ``sixty'';
(4) by striking ``subsections (a) and (b),'' in subsection
(d), as redesignated, and inserting ``subsections (a), (b), and
(c),''; and
(5) by striking ``sixty-two'' in subsection (d), as
redesignated, and inserting ``sixty''.
SEC. 207. TERM OF ENLISTMENTS.
Section 351(a) of title 14, United States Code, is amended by
striking ``terms of full years not exceeding six years.'' and inserting
``a period of at least 2 years but not more than 6 years.''.
SEC. 208. REQUIREMENT FOR CONSTRUCTIVE CREDIT.
The second sentence of section 727 of title 14, United States Code,
is amended by striking ``three years'' and inserting ``1 year's''.
SEC. 209. NONAPPROPRIATED FUND INSTRUMENTALITIES.
(a) In General.--Chapter 7 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 152. Nonappropriated fund instrumentalities; contracts with
other agencies and instrumentalities to provide or obtain
goods and services
``The Coast Guard Exchange System, or a morale, welfare, and
recreation system of the Coast Guard, may enter into a contract or
other agreement with any element or instrumentality of the Coast Guard
or with another Federal department, agency, or instrumentality thereof
to provide or obtain goods and services beneficial to the efficient
management and operation of the exchange system or that morale,
welfare, and recreation system.''.
(b) Conforming Amendment.--The chapter analysis for chapter 7 of
title 14, United States Code, is amended by inserting after the item
relating to section 151 the following:
``152. Nonappropriated fund instrumentalities; contracts with other
agencies and instrumentalities to provide
or obtain goods and services''.
SEC. 210. TRAVEL CARD MANAGEMENT.
(a) In General.--Chapter 13 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 517. Travel card management
``(a) In General.--The Secretary may require that travel or
transportation allowances due a civilian employee or military member of
the Coast Guard be disbursed directly to the issuer of a Federal
contractor- issued travel charge card, but only in an amount not to
exceed the authorized travel expenses charged by that Coast Guard
member to that travel charge card issued to that employee or member.
``(b) Withholding of Nondisputed Obligations.--The Secretary may
also establish requirements similar to those established by the
Secretary of Defense pursuant to section 2784a of title 10 for
deduction or withholding of pay or retired pay from a Coast Guard
employee, member, or retired member who is delinquent in payment under
the terms of the contract under which the card was issued and does not
dispute the amount of the delinquency.''.
(b) Conforming Amendment.--The chapter analysis for chapter 13 of
title 14, United States Code, is amended by inserting after the item
relating to section 516 the following:
``517. Travel card management''.
SEC. 211. USE OF MILITARY CHILD DEVELOPMENT CENTERS AND OTHER PROGRAMS.
The Secretary of Defense and the Secretary of the department in
which the Coast Guard is operating, when operating other than as a
service in the Navy, may agree to provide child care services to
members of the armed forces with or without reimbursement in military
child development centers and other programs supported in whole or in
part with appropriated funds. For purposes of military child
development centers and other programs operated under the authority of
subchapter II of chapter 88 of title 10, United States Code, the child
of a Coast Guard member shall be considered the same as the child of a
member of any of the other armed forces.
TITLE III--LAW ENFORCEMENT, MARINE SAFETY, AND ENVIRONMENTAL PROTECTION
SEC. 301. MARKING OF UNDERWATER WRECKS.
Section 15 of the Act of March 3, 1899 (30 Stat. 1152; 33 U.S.C.
409) is amended --
(1) by striking ``day and a lighted lantern'' in the second
sentence inserting ``day and, unless otherwise granted a waiver
by the Commandant of the Coast Guard, a light''; and
(2) by adding at the end ``The Commandant of the Coast
Guard may waive the requirement to mark a wrecked vessel, raft,
or other craft with a light at night if the Commandant
determines that placing a light would be impractical and
granting such a waiver would not create an undue hazard to
navigation.''.
SEC. 302. PROHIBITION ON OPERATION OF CERTAIN ELECTRONIC DEVICES; PORTS
AND WATERWAYS PARTNERSHIPS AND COOPERATIVE VENTURES.
Section 4 of the Ports and Waterways Safety Act (33 U.S.C. 1223),
is amended--
(1) by striking ``and'' after the semicolon in subsection
(a)(4)(D);
(2) by striking ``environment.'' in subsection (a)(5) and
inserting ``environment;'';
(3) by adding at the end of subsection (a) the following:
``(6) may prohibit the use of electronic or other devices
that interfere with communications and navigation equipment;
``(7) may carry out the functions under paragraph (1) of
this subsection, at the Secretary's discretion and on such
terms and conditions as the Secretary deems appropriate, either
solely, or in cooperation with a public or private agency,
authority, association, institution, corporation, organization
or person, except that a non-governmental entity may not carry
out an inherently governmental function; and
``(8) may, for the purpose of carrying out the Secretary's
functions under paragraph (1) of this subsection, convey or
lease real property under the administrative control of the
Coast Guard to public or private agencies, authorities,
associations, institutions, corporations, organizations, or
persons for such consideration and upon such terms and
conditions as the Secretary considers appropriate, except that
the term of any such lease shall not exceed 20 years.''; and
(4) by adding at the end the following:
``(e) Special Provisions Relating to Subsection (a) (7) and (8).--
``(1) Definition of inherently governmental function.--For
purposes of subsection (a)(7), the term `inherently
governmental function' means any activity that is so intimately
related to the public interest as to mandate performance by an
officer or employee of the Federal Government, including an
activity that requires either the exercise of discretion in
applying the authority of the Government or the use of judgment
in making a decision for the Government.
``(2) Disposition of proceeds from conveyances and
leases.--Amounts collected under subsection (a)(7) shall be
credited to a special fund in the Treasury and ascribed to the
Coast Guard. The amounts collected shall be available to the
Coast Guard's `Operating Expenses' account without further
appropriation and without fiscal year limitation, and the
amounts appropriated from the general fund for that account
shall be reduced by the amounts so collected.
``(3) Nonapplication of certain acts.--A conveyance or
lease of real property under subsection (a)(8) is not subject
to subtitle I of title 40, United States Code, or the Stewart
B. McKinney Homeless Assistance Act (42 U.S.C. 11301 et
seq.).''.
SEC. 303. REPORTS FROM CHARTERERS.
Section 12120 of title 46, United States Code, is amended by
striking ``owners and masters'' and inserting ``owners, masters, and
charterers''.
SEC. 304. REVISION OF TEMPORARY SUSPENSION CRITERIA IN SUSPENSION AND
REVOCATION CASES.
Section 7702(d)(1) of title 46, United States Code, is amended--
(1) by striking ``if, when acting under the authority of
that license, certificate, or document--'' and inserting ``if--
'';
(2) by striking ``has'' in subparagraph (B)(i) and
inserting ``has, while acting under the authority of that
license, certificate, or document,'';
(3) by striking ``or'' at the end of subparagraph (B)(ii);
(4) by striking ``1982.'' in subparagraph (B)(iii) and
inserting ``1982; or''; and
(5) by adding at the end of subparagraph (B) the following:
``(iv) is a security risk that poses a threat to
the safety or security of a vessel or a public or
commercial structure located within or adjacent to the
marine environment.''.
SEC. 305. REVISION OF BASES FOR SUSPENSION AND REVOCATION CASES.
Section 7703 of title 46, United States Code, is amended--
(1) by striking ``incompetence, misconduct, or
negligence;'' in paragraph (1)(B) and insert ``misconduct or
negligence;'';
(2) by striking ``or'' after the semicolon in paragraph
(2);
(3) by striking ``note).'' in paragraph (3) and inserting
``note);''; and
(4) by adding at the end the following:
``(4) has committed an act of incompetence relating to the
operation of a vessel, whether or not acting under the
authority of that license, certificate, or document; or
``(5) is a security risk that poses a threat to the safety
or security of a vessel or a public or commercial structure
located within or adjacent to the marine environment.''.
SEC. 306. REMOVAL OF MANDATORY REVOCATION FOR PROVED DRUG CONVICTIONS
IN SUSPENSION AND REVOCATION CASES.
Section 7704(b) of title 46, United States Code, is amended by
inserting ``suspended or'' after ``shall be''.
SEC. 307. RECORDS OF MERCHANT MARINERS' DOCUMENTS.
Section 7319 of title 46, United States Code, is amended by
striking the second sentence.
SEC. 308. EXEMPTION OF UNMANNED BARGES FROM CERTAIN CITIZENSHIP
REQUIREMENTS.
(a) Section 12110(d) of title 46, United States Code, is amended by
inserting ``or an unmanned barge operating outside of the territorial
waters of the United States,'' after ``recreational endorsement,''.
(b) Section 12122(b)(6) of title 46, United States Code, is amended
by inserting ``or an unmanned barge operating outside of the
territorial waters of the United States,'' after ``recreational
endorsement,''.
SEC. 309. INCREASE IN CIVIL PENALTIES FOR VIOLATIONS OF CERTAIN BRIDGE
STATUTES.
(a) Section 5(b) of the Bridge Act of 1906 (33 U.S.C. 495) is
amended by striking ``$1,000.'' and inserting ``$25,000.''.
(b) Section 5(c) of the Act entitled ``An Act making appropriations
for the construction, repair, and preservation of certain public works
on rivers and harbors, and for other purposes'', approved August 18,
1894 (33 U.S.C. 499), is amended by striking ``$1,000.'' and inserting
``$25,000.''.
(c) Section 18(c) of the Act entitled ``An Act making
appropriations for the construction, repair, and preservation of
certain public works on rivers and harbors, and for other purposes'',
enacted March 3, 1899 (33 U.S.C. 502) is amended by striking
``$1,000.'' and inserting ``$25,000.''.
(d) Section 510(b) of the General Bridge Act of 1946 (33 U.S.C.
533) is amended by striking ``$1,000.'' and inserting ``$25,000.''.
SEC. 310. CIVIL PENALTIES FOR FAILURE TO COMPLY WITH RECREATIONAL
VESSEL AND ASSOCIATED EQUIPMENT SAFETY STANDARDS.
Section 4311 of title 46, United States Code, is amended--
(1) by striking the first sentence of subsection (b) and
inserting ``(1) A person violating section 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.'';
(2) by striking ``4307(a)(1),'' in the second sentence of
subsection (b) and inserting ``4307(a),'':
(3) by redesignating paragraphs (1) and (2) of subsection
(b) as subparagraphs (A) and (B), respectively;
(4) by adding at the end of subsection (b) the following:
``(2) Any person, including, a director, officer, or executive
employee of a corporation, who knowingly and willfully violates section
4307(a) of this title, shall be fined not more than $10,000, imprisoned
for not more than one year, or both.''; and
(5) by striking ``$1,000.'' in subsection (c) and inserting
``$5,000.''.
SEC. 311. CORRECTION TO DEFINITION OF FEDERAL LAW ENFORCEMENT AGENCIES
IN THE ENHANCED BORDER SECURITY AND VISA ENTRY REFORM ACT
OF 2002.
Paragraph (4) of section 2 of the Enhanced Border Security and Visa
Entry Reform Act of 2002, Public Law 107-173, is amended by striking
subparagraph (G) and inserting the following:
``(G) The United States Coast Guard.''.
SEC. 312. STOPPING VESSELS; IMMUNITY FOR FIRING AT OR INTO VESSEL.
(a) In General.--Section 637 of title 14, United States Code, is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) Whenever any vessel liable to seizure or examination does not
stop on being ordered to do so or on being pursued by an authorized
vessel or authorized aircraft which has displayed the ensign, pennant,
or other identifying insignia prescribed for an authorized vessel or
authorized aircraft, the person in command or in charge of the
authorized vessel or authorized aircraft may, after a gun has been
fired by the authorized vessel or authorized aircraft as a warning
signal, fire at or into the vessel which does not stop; except that the
prior use of the warning signal is not required if its use would
unreasonably endanger persons or property in the vicinity of the
vessel.'';
(2) by inserting ``or'' after the semicolon in subsection
(c)(1);
(3) by striking paragraphs (2) and (3) of subsection (c)
and inserting the following:
``(2) it is a surface naval vessel or military aircraft on
which one or more members of the Coast Guard are assigned
pursuant to section 379 of title 10.''; and
(4) by striking subsection (d).
(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 location, vessels or
aircraft, circumstances, and consequences of each incident in the 12-
month period covered by the report in which the person in command or in
charge of an authorized vessel or an authorized aircraft (as those
terms are used in section 637 of title 14, United States Code) fired at
or into a vessel without prior use of the warning signal as authorized
by that section.
SEC. 313. USE OF UNEXPENDED FUNDS FOR BRIDGE ALTERATIONS UNDER TRUMAN-
HOBBS ACT.
Section 8 of the Act of June 21, 1940 (33 U.S.C. 518) is amended--
(1) by inserting ``(a) In General.--'' before ``There'';
and
(2) by adding at the end the following:
``(b) Unexpended Funds.--In addition to other uses permitted by
law, upon completion of a bridge alteration project, unexpended funds
previously appropriated or otherwise available for the completed
project may be used to pay the Federal share of the design and
construction costs for other bridge alteration projects authorized
under this Act.''.
SEC. 314. INLAND NAVIGATION RULES PROMULGATION AUTHORITY.
(a) Repeal.--Section 2 of the Inland Navigation Rules Act of 1980
(33 U.S.C. 2001) is repealed.
(b) Inland Navigation Rules.--Section 3 of the Inland Navigation
Rules Act of 1980 (33 U.S.C. 2002) is amended to read as follows:
``SEC. 3. INLAND NAVIGATION RULES.
``The Secretary may issue inland navigation regulations applicable
to all vessels upon the inland waters of the United States and
technical annexes that are as consistent as possible with the
respective annexes to the International Regulations.''.
SEC. 315. PREVENTION OF DEPARTURE.
Section 3505 of title 46, United States Code, is amended to read as
follows:
``Sec. 3505. Prevention of departure
``Notwithstanding section 3303(a) of this title, a foreign vessel
carrying a citizen of the United States as a passenger or embarking
passengers from a United States port may not depart from a United
States port if the Secretary finds that the vessel does not comply with
the standards stated in the International Convention for the Safety of
Life at Sea to which the United States Government is currently a
party.''.
SEC. 316. COMPLIANCE WITH INTERNATIONAL SAFETY MANAGEMENT CODE.
(a) Application of Existing Law.--Section 3202(a) of title 46,
United States Code, is amended to read as follows:
``(a) Mandatory Application.--This chapter applies to a vessel
that--
``(1)(A) is transporting more than 12 passengers described
in section 2101(21)(A) of this title; or
``(B) is of at least 500 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, that is a tanker,
freight vessel, bulk freight vessel, high speed freight vessel,
or self-propelled mobile offshore drilling unit; and
``(2)(A) is engaged on a foreign voyage; or
``(B) is a foreign vessel departing from a place under the
jurisdiction of the United States on a voyage, any part of
which is on the high seas.''.
(b) Compliance of Regulations With International Safety Management
Code.--Section 3203(b) of title 46, United States Code, is amended by
striking ``vessels engaged on a foreign voyage.'' and inserting
``vessels to which this chapter applies.''.
SEC. 317. AMENDMENTS TO VESSEL RESPONSE PLAN REQUIREMENTS.
(a) In General.--Section 311(j) of the Federal Water Pollution
Control Act (33 U.S.C. 1321(j)) is amended--
(1) by striking the caption of paragraph (5) and inserting
``(5) Tank vessel, non-tank vessel, and facility response
plans.--'';
(2) by adding at the end of paragraph (5)(A) ``The
President shall also issue regulations which require an owner
or operator of a non-tank vessel described in subparagraph (C)
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.'';
(3) by striking ``vessels and'' in paragraph (5)(B) and
inserting ``vessels, non-tank vessels, and'';
(4) by redesignating clauses (ii) and (iii) of paragraph
(5)(B) as clauses (iii) and (iv), respectively, and inserting
after clause (i) the following:
``(ii) A non-tank vessel.'';
(5) by striking ``vessel or'' in paragraph (5)(D) and
inserting ``vessel, a non-tank vessel, or an'';
(6) by inserting ``non-tank vessel,'' in paragraph (5)(E)
after ``vessel,'' each place it appears;
(7) by inserting `` non-tank vessel,'' in paragraph (5)(F)
after ``vessel,'';
(8) by striking ``vessel or'' in paragraph (5)(F) and
inserting ``vessel, non-tank vessel, or'';
(9) by inserting ``non-tank vessel,'' in paragraph (5)(G)
after ``vessel,'';
(10) by inserting ``and non-tank vessel'' in paragraph
(5)(H) after ``each tank vessel'';
(11) by striking ``Not later than 2 years after the date of
enactment of this section, the President shall require--'' in
paragraph (6) and inserting ``The President shall require--'';
(12) by striking ``cargo'' in paragraph (6)(B) and
inserting ``cargo, and non-tank vessels carrying oil of any
kind as fuel for main propulsion,''; and
(13) by striking ``vessel and'' in paragraph (7) and
inserting ``vessel, non-tank vessel, and'' in paragraph (7).
(b) Non-Tank Vessel Defined.--Section 311(a) of the Federal Water
Pollution Control Act (33 U.S.C. 1321) is amended--
(1) by striking ``and'' after the semicolon in paragraph
(24)(B);
(2) by striking ``threat.'' in paragraph (25) and inserting
``threat; and''; and
(3) by adding at the end the following:
``(26) `non-tank vessel' means a self-propelled vessel of
400 gross tons or greater, other than a tank vessel, which
carries oil of any kind as fuel for main propulsion and that--
``(A) is a vessel of the United States; or
``(B) operates on the navigable waters of the
United States.''.
(c) Addition of Noxious Liquid Substances to the List of Hazardous
Substances for Which the Coast Guard May Require a Response Plan.--
Section 311(j)(5) of the Federal Water Pollution Control Act (33 U.S.C.
1321(j)(5)) is further amended--
(1) by redesignating subparagraphs (B) through (H) as
subparagraphs (C) through (I), respectively;
(2) by inserting after subparagraph (A) the following:
``(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 vessel carrying in bulk noxious
liquid substances, or a facility described in subparagraph (C)
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. 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)),
and the term `carrying in bulk' means loading or carrying on
board a vessel without the benefit of containers or labels and
received and handled by carrier without mark or count.'';
(3) by striking ``subparagraph (B)'' in subparagraph (A)
and inserting ``subparagraph (C)'';
(4) by striking ``subparagraph (A)'' in subparagraph (C),
as redesignated, and inserting ``subparagraphs (A) and (B)'';
(5) by striking ``subparagraph (D),'' in clause (i) of
subparagraph (F), as redesignated, and inserting ``subparagraph
(E),''; and
(6) by striking subparagraph (G), as redesignated, and
inserting the following:
``(G) Notwithstanding subparagraph (F), the
President may authorize a tank vessel, non-tank vessel,
offshore facility, or onshore facility that handles,
stores, or transports oil 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
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.''.
SEC. 318. REQUIREMENTS FOR TANK LEVEL AND PRESSURE MONITORING DEVICES.
Section 4110 of the Oil Pollution Act of 1990 (46 U.S.C. 3703 note)
is amended--
(1) by striking ``shall'' each place it appears and
inserting ``may''; and
(2) by adding at the end the following:
``(c) Study.--(1) The Secretary of the Department in which the
Coast Guard is operating shall conduct a study analyzing the costs and
benefits of methods other than those described in subsections (a) and
(b) for effectively detecting the loss of oil from oil cargo tanks. The
study may include technologies, monitoring procedures, and other
methods.
``(2) In conducting the study, the Secretary may seek input from
Federal agencies, industry, and other entities.
``(3) The Secretary shall provide the study to the Senate Committee
on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure not
later than 180 days after the date of enactment of this Act.''.
SEC. 319. REPORT ON IMPLEMENTATION OF THE OIL POLLUTION ACT.
(a) In General.--No later than 180 days of enactment of this Act,
the Coast Guard shall provide a written report to the Senate Committee
on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure with
respect to issues related to implementation of the Oil Pollution Act of
1990 (33 U.S.C. 2701 et seq.).
(b) Scope.--The report shall include the following:
(1) The status of the levels of funds currently in the Oil
Spill Liability Trust Fund and projections for levels of funds
over the next 5 years.
(2) The domestic and international implications of changing
the phase-out date for single hull vessels pursuant to section
3703a of title 46, United States Code, from 2015 to 2010.
(3) The costs and benefits of requiring vessel monitoring
systems on tank vessels used to transport oil or other
hazardous cargo, and from using additional aids to navigation,
such as RACONs.
(4) A summary of the extent to which the response costs and
damages for oil spill incidents have exceeded the liability
limits established in section 1004 of the Oil Pollution Act of
1990 (33 U.S.C. 2704), and a description of the steps that the
Coast Guard has taken or plans to take to implement subsection
(d)(4) of that Act (33 U.S.C. 2704(d)(4)).
(5) A summary of manning, inspection, and other safety
issues for tank barges and towing vessels used in connection
with them, including--
(A) a description of applicable Federal
regulations, guidelines, and other policies;
(B) a record of infractions of applicable
requirements described in subparagraph (A) over the
past 10 years;
(C) an analysis of oil spill data over the past 10
years, comparing the number and size of oil spills from
tank barges with those from tanker vessels of a similar
size; and
(D) recommendations on areas of possible
improvements to existing regulations, guidelines and
policies with respect to tank barges and towing
vessels.
SEC. 320. LOANS FOR FISHERMEN IMPACTED BY OIL SPILLS.
(a) Interest; Partial Payment of Claims.--Section 1013 of the Oil
Pollution Act of 1990 (33 U.S.C. 2713) is amended by adding at the end
the following:
``(f) Loan Program.--
``(1) In general.--The President shall establish a loan
program under the Fund to provide interim assistance to
fishermen and aquaculture producer claimants during the claims
procedure.
``(2) Eligibility for loan.--A loan may be made under
paragraph (1) only to a fisherman or aquaculture producer
that--
``(A) has incurred damages for which claims are
authorized under section 1002;
``(B) has made a claim pursuant to this section
that is pending; and
``(C) has not received an interim payment under
section 1005(a) for the amount of the claim, or part
thereof, that is pending.
``(3) Terms and conditions of loans.--A loan awarded under
paragraph (1)--
``(A) shall have flexible terms, as determined by
the President;
``(B) shall be for a period ending on the later
of--
``(i) the date that is 5 years after the
date on which the loan is made; or
``(ii) the date on which the fisherman or
aquaculture producer receives payment for the
claim to which the loan relates under the
procedure established by subsections (a)
through (e) of this section; and
``(C) shall be at a low interest rate, as
determined by the President.''.
(b) Uses of the Fund.--Section 1012(a) of the Oil Pollution Act of
1990 (33 U.S.C. 2712(a)) is amended--
(1) by striking ``Act.'' in paragraph (5)(C) and inserting
``Act; and''; and
(2) by adding at the end the following:
``(6) the making of loans pursuant to the program
established under section 1013(f).''.
(c) Study.--Not later than 270 days after the date of enactment of
this Act, the Secretary of Commerce, in consultation with the
Administrator of the Environmental Protection Agency, shall submit to
Congress a study that contains--
(1) an assessment of the effectiveness of the claims
procedures and emergency response programs under the Oil
Pollution Act of 1990 (33 U.S.C. 2701 et seq.) concerning
claims filed by, and emergency responses carried out to protect
the interests of, fishermen and aquaculture producers; and
(2) any legislative or other recommendations to improve the
procedures and programs referred to in paragraph (1).
SEC. 321. FISHERIES ENFORCEMENT PLANS AND REPORTING.
(a) Fisheries Enforcement Plans.--The Coast Guard and the National
Oceanic and Atmospheric Administration shall, to the maximum extent
possible, consult with each other and with State and local enforcement
authorities in preparing their annual fisheries enforcement plans.
(b) Fishery Patrols.--Prior to undertaking fisheries patrols, the
Coast Guard and the National Oceanic and Atmospheric Administration
shall, to the maximum extent possible, provide to each other and to
appropriate State and local enforcement authorities their intentions
and projected dates for such patrols.
(c) Annual Summary.--The Coast Guard and National Oceanic and
Atmospheric Administration shall prepare and make available to each
other, State and local enforcement entities, and other relevant
stakeholders, an annual summary report of fisheries enforcement
activities for the preceding year, including a summary of the number of
patrols, law enforcement actions taken, and resource hours expended.
SEC. 322. DEEPWATER REPORT.
No later than 180 days after enactment of this Act, the Coast Guard
shall provide a written report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Transportation and Infrastructure with respect to performance under
the first term of the Integrated Deepwater System contract. The report
shall include an analysis of how well the prime contractor has met the
two key performance goals of operational effectiveness and minimizing
total ownership costs. The report shall include a description of the
measures implemented by the prime contractor to meet these goals and
how these measures have been or will be applied for subcontracts
awarded during the 5-year term of the contract, as well as criteria
used by the Coast Guard to assess the contractor's performance against
these goals. To the extent available, the report shall include
performance and cost comparisons of alternatives examined in
implementing the contract.
SEC. 323. SMALL PASSENGER VESSEL SAFETY.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Department in which the
Coast Guard is operating shall report to the Congress regarding the
enforcement efforts and degree of compliance regarding the 1996
amendments to the Small Passenger Vessel Regulations (title 46, Code of
Federal Regulations, part 185) requiring the master of a small
passenger vessel to require passengers to don life jackets when
possible hazardous conditions exist including--
(1) transiting hazardous bars or inlets;
(2) during severe weather;
(3) in the event of flooding, fire, or other events that
may possibly call for evacuation; and
(4) when the vessel is being towed, except a non-self-
propelled vessel under normal operating conditions.
(b) Contents.--The report under this section shall include--
(1) a section regarding the enforcement efforts the Coast
Guard has undertaken to enforce these regulations;
(2) a section detailing compliance with these regulations,
to include the number of vessels and masters cited for
violations of these regulations for fiscal years 1998 through
2003;
(3) a section detailing the number and types of marine
casualties for fiscal years 1998 through 2003 which have been
related wholly or in part to violations of these regulations;
and
(4) a section providing recommendation on improving
compliance with, and possible modifications to, these
regulations.
SEC. 324. ELECTRONIC NAVIGATIONAL CHARTING.
The Commandant of the Coast Guard, in consultation with the
Administrator of the National Oceanic and Atmospheric Administration,
shall provide a written report to the Senate Committee on Commerce,
Science, and Transportation, and to the House of Representatives
Committee on Transportation and Infrastructure no later than 180 days
after the date of enactment of this Act with respect to electronic
navigational charts. The report shall include--
(1) the costs for the National Oceanic and Atmospheric
Administration to complete the suite of electronic navigational
charts;
(2) the costs and benefits of a United States requirement
of electronic navigation systems on vessels; and
(3) a description of international standards and
requirements that already exist or are being developed for the
use of electronic navigation systems.
SEC. 325. MEASURES FOR THE PROTECTION OF NORTH ATLANTIC RIGHT WHALES
FROM SHIP STRIKES.
(a) Within 120 days of enactment of this Act, the Secretary shall
initiate studies to examine options for minimizing vessel strikes of
North Atlantic Right Whales in the access of ports which the Secretary,
in consultation with the Administrator of the National Oceanic and
Atmospheric Administration, has determined--based on a review of past
incidents of vessel strikes as well as available scientific,
navigation, and other data--pose a substantial risk of vessel strikes
of North Atlantic Right Whales. Such studies shall examine measures
identified in consultation with the Administrator, including vessel
routing, reporting and/or speed measures, that would minimize vessel
strikes of North Atlantic Right Whales.
(b) Within 18 months of enactment of this Act, the Secretary of
Homeland Security shall, in consultation with Administrator of the
National Oceanic and Atmospheric Administration, provide 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 studies referred to in paragraph (a), including--
(1) a discussion of the effectiveness of the measures
studied in reducing ship strikes of North Atlantic Right
Whales;
(2) a summary of available analyses regarding potential
costs of such measures including regional economic impacts;
(3) the extent to which statutory authority currently
exists for the Coast Guard to implement these and other similar
measures; and
(4) in consultation with the Administrator and the
Secretary of State, a discussion of the national and
international legal bases for implementation of such measures.
SEC. 326. FOREIGN VESSEL SECURITY PLANS.
Section 70103 of title 46, United States Code, is amended by adding
new paragraphs (c)(8) and (c)(9) to read as follows:
``(8) A foreign vessel destined for, arriving at, or
departing from a port or place subject to the jurisdiction of
the United States is deemed in compliance with this section
if--
``(A) the vessel has in effect a security plan
approved pursuant to the International Convention for
the Safety of Life at Sea, 1974, (SOLAS) Chapter XI-2
and the International Ship and Port Facility Security
Code (ISPS Code); and
``(B) the vessel operates in compliance with its
approved plan, SOLAS Chapter XI-2, and the ISPS Code.
``(9) The Secretary shall, consistent with international
treaties, conventions, and agreements to which the United
States is a party, establish procedures, measures, and
standards to assure foreign vessels destined for, arriving at,
or departing from a port or place subject to the jurisdiction
of the United States comply with vessel security requirements
under SOLAS, the ISPS Code, this chapter, and regulations
issued under this chapter, including--
``(A) an effective port state control program that
identifies foreign vessels for examination based on
each vessel's operating history, owner or operator,
vessel type, and such other factors as the Secretary
determines to be appropriate;
``(B) examination of a vessel and its cargo,
passengers, and crew;
``(C) examination of a vessel's security
arrangements;
``(D) procedures to ensure shipboard personnel
understand their security responsibilities and have the
knowledge and ability to perform their assigned duties
under a vessel's approved security plan, SOLAS, and the
ISPS Code;
``(E) a detailed examination of a vessel's approved
security plan;
``(F) restrictions on a vessel's operations or
movements;
``(G) denial of entry into port; and
``(H) such other measures that the Secretary
determines are necessary to deter a transportation
security incident to the maximum extent practicable and
to protect the safety and security of United States
ports, persons, vessels, facilities, and other
property.''.
TITLE IV--MISCELLANEOUS
SEC. 401. CONVEYANCE OF LIGHTHOUSES.
Section 308(c) of the National Historic Lighthouse Preservation Act
of 2000 (16 U.S.C. 470w-7(c)) is amended by adding at the end the
following:
``(4) Lighthouses originally conveyed under other authority.--Upon
receiving notice of an executed or intended conveyance by sale, gift,
or any other manner of a lighthouse conveyed under authority other than
this Act, the Secretary shall review the executed or proposed
conveyance to ensure that any new owner will comply with any and all
conditions of the original conveyance. If the Secretary determines that
the new owner has not or is unable to comply with those conditions the
Secretary shall immediately invoke any reversionary interest or take
such other action as may be necessary to protect the interests of the
United States.''.
SEC. 402. 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 each of fiscal years 2004
and 2005. 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. 403. CONVEYANCE OF DECOMMISSIONED COAST GUARD CUTTERS.
(a) In General.--The Commandant of the Coast Guard may convey all
right, title, and interest of the United States in and to a vessel
described in subsection (b) to the person designated in subsection (b)
with respect to the vessel (in this section referred to as the
`recipient'), without consideration, if the person complies with the
conditions under subsection (c).
(b) Vessels Described.--The vessels referred to in subsection (a)
are the following:
(1) The Coast Guard Cutter BRAMBLE, to be conveyed to the
Port Huron Museum of Arts and History (a nonprofit corporation
under the laws of the State of Michigan), located in Port
Huron, Michigan.
(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.
(3) The Coast Guard Cutter SUNDEW, to be conveyed to Duluth
Entertainment and Convention Center Authority (a nonprofit
corporation under the laws of the State of Minnesota), located
in Duluth, Minnesota.
(c) Conditions.--As a condition of any conveyance of a vessel under
subsection (a), the Commandant shall require the recipient--
(1) to agree--
(A) to use the vessel for purposes of education and
historical display;
(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 use of the vessel by the Government under
subparagraph (C);
(2) to have funds available that will be committed to
operate and maintain the vessel conveyed in good working
condition--
(A) in the form of cash, liquid assets, or a
written loan commitment; and
(B) in an amount of at least $700,000; and
(3) to agree to any other conditions the Commandant
considers appropriate.
(d) Maintenance and Delivery of Vessel.--Prior to conveyance of a
vessel under this section, the Commandant may, 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. The Commandant shall deliver a vessel conveyed
under this section at the place where the vessel is located, in its
present condition, and without cost to the Government. The conveyance
of a vessel under this section shall not be considered a distribution
in commerce for purposes of section 6(e) of the Toxic Substances
Control Act (15 U.S.C. 2605(e)).
(e) Other Excess Equipment.--The Commandant may convey to the
recipient of a vessel under this section any excess equipment or parts
from other decommissioned Coast Guard vessels for use to enhance the
vessel's operability and function as an historical display.
SEC. 404. KOSS COVE.
(a) In General.--Notwithstanding any other provision of law or
existing policy, the cove described in subsection (b) shall be known
and designated as ``Koss Cove'', in honor of the late Able Bodied
Seaman Eric Steiner Koss of the National Oceanic and Atmospheric
Administration vessel RAINER who died in the performance of a nautical
charting mission off the coast of Alaska.
(b) Cove Described.--The cove referred to in subsection (a) is--
(1) adjacent to and southeast of Point Elrington, Alaska,
and forms a portion of the southern coast of Elrington Island;
(2) 3/4 mile across the mouth;
(3) centered at 59 degrees 56.1 minutes North, 148 degrees
14 minutes West; and
(4) 45 miles from Seaward, Alaska.
(c) References.--Any reference in any law, regulation, document,
record, map, or other paper of the United States to the cove described
in subsection (b) is deemed to be a reference to Koss Cove.
SEC. 405. DECLARATION OF NON-NAVIGABILITY FOR PORTION OF THE WATEREE
RIVER.
For purposes of bridge administration, the portion of the Wateree
River, in the State of South Carolina, 100 feet upstream and downstream
of the railroad bridge at approximately mile marker 10.0, is declared
to not be navigable waters of the United States for purposes of the
General Bridge Act of 1946 (33 U.S.C. 525 et seq.).
SEC. 406. CORRECTION OF 2002 COASTWISE TRADE AUTHORIZATION PROVISION.
Section 213(b) of the Maritime Policy Improvement Act of 2002 is
amended by striking ``transport and launch'' and inserting ``transport
or launch''.
SEC. 407. INNOVATIVE CONSTRUCTION ALTERNATIVES.
The Commandant of the Coast Guard may consult with the Office of
Naval Research and other Federal agencies with research and development
programs that may provide innovative construction alternatives for the
Integrated Deepwater System.
SEC. 408. BRIDGE ADMINISTRATION.
Section 325(b) of the Department of Transportation and Related
Agencies Appropriations Act, 1983 (Pub. L. 97-369; 96 Stat. 1765) is
amended by striking ``provides at least thirty feet of vertical
clearance Columbia River datum and at least eighty feet of horizontal
clearance, as'' and inserting ``is so''.
SEC. 409. NATIONAL COAST GUARD MUSEUM.
(a) In General.--Chapter 5 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 98. National Coast Guard Museum
``(a) Establishment.--The Commandant of the Coast Guard may
establish a new National Coast Guard Museum on Federal lands
administered by the Coast Guard at a location specified by the
Commandant.
``(b) Funding.--The National Coast Guard Museum should be supported
with nonappropriated Federal funds or nonfederal funds to the maximum
extent practicable and that the priority for appropriated funds should
be to preserve and protect historic Coast Guard artifacts and to
promote the purposes of the National Historic Preservation Act (16
U.S.C. 470 et seq.).
``(c) Location.--The National Coast Guard Museum may be located at,
or in close proximity to, the Coast Guard Academy in New London,
Connecticut or at a location with a comparable historic connection to
the Coast Guard that will similarly enhance the public's knowledge and
appreciation of the Coast Guard's maritime history.
``(d) Funding Plan.--Before the date on which the Commandant
establishes a museum under subsection (a), the Commandant shall provide
to the Committees on Commerce of the Senate and on Transportation and
Infrastructure of the House of Representatives a plan for constructing,
operating and maintaining such a museum, including--
``(1) estimated planning, engineering, design,
construction, operation, and maintenance costs;
``(2) the extent to which appropriated, nonappropriated,
and nonfederal funds would be used for such purposes; and
``(3) a certification by the Inspector General of the
Department in which the Coast Guard is operating that the
estimates provided pursuant to paragraphs (1) and (2) are
reasonable and realistic.''.
(b) Clerical Amendment.--The chapter analysis for chapter 5 of
title 14, United States Code, is amended by adding at the end the
following:
``98. National Coast Guard Museum.''.
Amend the title so as to read: ``An Act to authorize
appropriations for fiscal years 2004 and 2005 for the United
States Coast Guard, and for other purposes.''.
Attest:
Secretary.
108th CONGRESS
2d Session
H. R. 2443
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AMENDMENTS