[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2443 Referred in Senate (RFS)]
1st Session
H. R. 2443
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 6, 2003
Received; read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
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.
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 referred to as the ``Coast Guard and Maritime
Transportation Act of 2003''.
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 MANAGEMENT
Sec. 201. Long-term leases.
Sec. 202. Nonappropriated fund instrumentalities.
Sec. 203. Term of enlistments.
Sec. 204. Enlisted member critical skill training bonus.
Sec. 205. Indemnification for disabling vessels liable to seizure or
examination.
Sec. 206. Administrative, collection, and enforcement costs for certain
fees and charges.
Sec. 207. Expansion of Coast Guard housing authorities.
Sec. 208. Requirement for constructive credit.
Sec. 209. Maximum age for retention in an active status.
Sec. 210. Payments.
Sec. 211. Coast Guard fellowship program.
Sec. 212. Air search and rescue facility in Muskegon County, Michigan.
Sec. 213. National Coast Guard Museum.
Sec. 214. Limitation on number of commissioned officers.
Sec. 215. Redistricting notification requirement.
Sec. 216. ROTC demonstration project.
Sec. 217. Shock mitigation requirements.
Sec. 218. Coast Guard yard.
Sec. 219. Recommendations to Congress by Commandant of the Coast Guard.
Sec. 220. Assignment of officer to National War College.
Sec. 221. Coast Guard education loan repayment program.
TITLE III--NAVIGATION
Sec. 301. Marking of underwater wrecks.
Sec. 302. Use of electronic devices; cooperative agreements.
Sec. 303. Inland navigation rules promulgation authority.
TITLE IV--SHIPPING
Sec. 401. Reports from charterers.
Sec. 402. Suspension of documents in lieu of mandatory revocation for
proved drug convictions.
Sec. 403. Inspection of records of merchant mariners' documents.
Sec. 404. Exemption of unmanned barges from citizenship requirements
regarding command of vessel.
Sec. 405. Compliance with International Safety Management Code.
Sec. 406. Civil penalties for failure to comply with recreational
vessel and associated equipment safety
standards.
Sec. 407. Revision of temporary suspension criteria in document
suspension and revocation cases.
Sec. 408. Revision of bases for document suspension and revocation
cases.
Sec. 409. Hours of service on towing vessels.
Sec. 410. Automatic identification system electronic charts.
Sec. 411. Prevention of departure.
Sec. 412. Service of foreign nationals for maritime educational
purposes.
Sec. 413. Classification societies.
Sec. 414. Membership of area maritime security advisory committees.
Sec. 415. Security plans.
TITLE V--FEDERAL MARITIME COMMISSION
Sec. 501. Authorization of appropriations for Federal Maritime
Commission.
TITLE VI--MISCELLANEOUS
Sec. 601. Increase in civil penalties for violations of certain bridge
statutes.
Sec. 602. Conveyance of decommissioned Coast Guard cutters.
Sec. 603. Tonnage measurement.
Sec. 604. Operation of vessel STAD AMSTERDAM.
Sec. 605. Great Lakes National Maritime Enhancement Institute.
Sec. 606. Agile Port and Intelligent Border Security National
Demonstration Project.
Sec. 607. Koss Cove.
Sec. 608. Miscellaneous certificates of documentation.
Sec. 609. Regulations.
Sec. 610. Report regarding security inspection of vessels and vessel-
borne cargo containers entering the United
States.
Sec. 611. Conveyance of decommissioned Coast Guard vessels.
Sec. 612. Assateague lighthouse lens.
Sec. 613. Study of the role of Coast Guard ice breakers in supporting
United States operations in the Antarctic
and the Arctic.
Sec. 614. Correction of references to national driver register.
Sec. 615. Wateree River.
Sec. 616. Alaska Merchant Mariners' documents pilot program.
Sec. 617. Conveyance of Sentinel Island Light Station, Alaska.
Sec. 618. Maritime intelligence and long-range vessel tracking system.
Sec. 619. Columbia slough.
Sec. 620. Sense of Congress regarding carbon monoxide and watercraft.
Sec. 621. Sense of Congress regarding naming new vessels under the
deepwater program for cities of the United
States.
Sec. 622. Port security grant authority.
Sec. 623. Security assessment of Indian Point Energy Center.
Sec. 624. Mitigation of penalty due to avoidance of a certain hazardous
condition.
Sec. 625. Designation of Empress of the North as a tour vessel.
Sec. 626. Sense of Congress regarding timely review and adjustment of
Great Lakes pilotage rates.
Sec. 627. Priority for public transportation systems in making grants
for implementation of security plans.
Sec. 628. Limitation on bridge alteration projects.
TITLE VII--AMENDMENTS RELATING TO OIL POLLUTION ACT OF 1990
Sec. 701. Vessel response plans for nontank vessels over 400 gross
tons.
Sec. 702. Requirements for tank level and pressure monitoring devices.
Sec. 703. Liability and cost recovery.
Sec. 704. Oil spill recovery institute.
Sec. 705. Alternatives.
TITLE I--AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are authorized to be appropriated for fiscal year 2004 for
necessary expenses of the Coast Guard as follows:
(1) For the operation and maintenance of the Coast Guard,
$4,865,000,000, of which $25,000,000 is authorized to be
derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act of
1990.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment related
thereto, $1,147,000,000, of which--
(A) $23,500,000 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; and
(B) $702,000,000 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 System 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
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 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.
(4) For retired pay (including 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.
(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, $19,250,000, to
remain available until expended.
(6) For environmental compliance and restoration at Coast
Guard facilities (other than parts and equipment associated
with operation and maintenance), $17,000,000, to remain
available until expended.
(7) For maintenance and operation of facilities, supplies,
equipment, and services necessary for the Coast Guard Reserve,
as authorized by law, $114,000,000.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
(a) Active Duty Strength.--The Coast Guard is authorized an end-of-
year strength for active duty personnel of 45,500 as of September 30,
2004.
(b) Military Training Student Loads.--The Coast Guard is authorized
average military training student loads as follows:
(1) For recruit and special training for fiscal year 2004,
2,500 student years.
(2) For flight training for fiscal year 2004, 125 student
years.
(3) For professional training in military and civilian
institutions for fiscal year 2004, 350 student years.
(4) For officer acquisition for fiscal year 2004, 1,200
student years.
TITLE II--COAST GUARD MANAGEMENT
SEC. 201. LONG-TERM LEASES.
Section 93 of title 14, United States Code, is amended--
(1) by redesignating paragraphs (a) through (x) in order as
paragraphs (1) through (23);
(2) in paragraph (18) (as so redesignated) by striking the
comma at the end and inserting a semicolon;
(3) by inserting ``(a)'' before ``For the purpose''; and
(4) by adding at the end the following:
``(b)(1) Notwithstanding subsection (a)(14), a lease described in
paragraph (2) of this subsection may be for a term of up to 20 years.
``(2) A lease referred to in paragraph (1) is a lease--
``(A) to the United States Coast Guard Academy Alumni
Association for the construction of an Alumni Center on the
grounds of the United States Coast Guard Academy; or
``(B) to an entity with which the Commandant has a
cooperative agreement under section 4(e) of the Ports and
Waterways Safety Act, and for which a term longer than 5 years
is necessary to carry out the agreement.''.
SEC. 202. 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 to
provide or obtain goods and services beneficial to the efficient
management and operation of the Coast Guard Exchange System or that
morale, welfare, and recreation system.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 7 of title 14, United States Code, is amended by adding at the
end the following:
``152. Nonappropriated fund instrumentalities: contracts with other
agencies and instrumentalities to provide
or obtain goods and services.''.
SEC. 203. 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 two years but not more than six years.''.
SEC. 204. ENLISTED MEMBER CRITICAL SKILL TRAINING BONUS.
(a) In General.--Chapter 11 of title 14, United States Code, is
amended by inserting after section 373 the following:
``Sec. 374. Critical skill training bonus
``(a) The Secretary may provide a bonus, not to exceed $20,000, to
an enlisted member who completes training in a skill designated as
critical, if 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 the member's 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 may charge
interest on the amount repaid 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 calendar quarter preceding the date
on which the amount to be repaid is determined.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 11 of title 14, United States Code, is amended by inserting the
following after the item relating to section 373:
``374. Critical skill training bonus.''.
SEC. 205. INDEMNIFICATION FOR DISABLING VESSELS LIABLE TO SEIZURE OR
EXAMINATION.
(a) Repeal of Requirement To Fire Warning Shot.--Subsection (a) of
section 637 of title 14, United States Code, is amended--
(1) by inserting ``(1)'' after ``(a)'';
(2) by striking ``after a'' and all that follows through
``signal,'' and inserting ``subject to paragraph (2),''; and
(3) by adding at the end the following:
``(2) Before firing at or into a vessel as authorized in paragraph
(1), the person in command or in charge of the authorized vessel or
authorized aircraft shall fire a gun as a warning signal, except that
the prior firing of a gun as a warning signal is not required if that
person determines that the firing of a warning signal would
unreasonably endanger persons or property in the vicinity of the vessel
to be stopped.''.
(b) Extension to Military Aircraft of Coast Guard Interdiction
Authority.--Subsection (c) of such section is amended--
(1) in paragraph (1) by inserting ``or'' after the
semicolon; and
(2) in paragraph (2) by--
(A) inserting ``or military aircraft'' after
``surface naval vessel''; and
(B) striking ``; or'' and all that follows through
paragraph (3) and inserting a period.
(c) Repeal of Termination of Applicability to Naval Aircraft.--
Subsection (d) of such section is repealed.
(d) Technical Correction.--
(1) Correction.--Section 637 of title 14, United States
Code, is amended in the section heading by striking
``immunity'' and inserting ``indemnification''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 17 of title 14, United States Code, is
amended by striking the item relating to section 637 and
inserting the following:
``637. Stopping vessels; indemnification for firing at or into
vessel.''.
SEC. 206. ADMINISTRATIVE, COLLECTION, AND ENFORCEMENT COSTS FOR CERTAIN
FEES AND CHARGES.
Section 664 of title 14, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (f);
(2) by inserting after subsection (b) the following:
``(c) In addition to the collection of fees and charges established
under this section, the Secretary may recover from the person liable
for the fee or charge the costs of collecting delinquent payments of
the fee or charge, and enforcement costs associated with delinquent
payments of the fees and charges.
``(d)(1) The Secretary may employ any Federal, State, or local
agency or instrumentality, or any private enterprise or business, to
collect a fee or charge established under this section.
``(2) A private enterprise or business employed by the Secretary to
collect fees or charges--
``(A) shall be subject to reasonable terms and conditions
agreed to by the Secretary and the enterprise or business;
``(B) shall provide appropriate accounting to the
Secretary; and
``(C) may not institute litigation as part of that
collection.
``(e) The Secretary shall account for the agency's costs of
collecting a fee or charge as a reimbursable expense, subject to the
availability of appropriations, and the costs shall be credited to the
account from which expended.''; and
(3) by adding at the end the following:
``(g) In this section the term `costs of collecting a fee or
charge' includes the reasonable administrative, accounting, personnel,
contract, equipment, supply, training, and travel expenses of
calculating, assessing, collecting, enforcing, reviewing, adjusting,
and reporting on a fee or charge.''.
SEC. 207. EXPANSION OF COAST GUARD HOUSING AUTHORITIES.
(a) Eligible Entity Defined.--Section 680 of title 14, United
States Code, is amended--
(1) by redesignating paragraphs (3) and (4) in order as
paragraphs (4) and (5); and
(2) by inserting after paragraph (2) the following:
``(3) The term `eligible entity' means any private person,
corporation, firm, partnership, or company and any State or
local government or housing authority of a State or local
government.''.
(b) Direct Loans for Providing Housing.--Section 682 of title 14,
United States Code, is amended--
(1) in the section heading by striking ``Loan guarantees''
and inserting ``Direct loans and loan guarantees'';
(2) by redesignating subsections (a) and (b) as (b) and (c)
respectively;
(3) by inserting before subsection (b) (as so 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) in subsection (b) (as so redesignated) by striking
``subsection (b),'' and inserting ``subsection (c),''; and
(5) in subsection (c) (as so redesignated)--
(A) in the heading by striking ``Guarantee''; and
(B) by striking ``Loan guarantees'' and inserting
``Direct loans and loan guarantees''.
(c) Limited Partnerships With Eligible Entities.--Section 684 of
title 14, United States Code, is amended--
(1) in the section heading by striking ``nongovernmental''
and inserting ``eligible'';
(2) in subsection (a) by striking ``nongovernmental'' and
inserting ``eligible'';
(3) in subsection (b)(1) by striking ``a nongovernmental''
and inserting ``an eligible'';
(4) in subsection (b)(2) by striking ``a nongovernmental''
and inserting ``an eligible''; and
(5) in subsection (c) by striking ``nongovernmental'' and
inserting ``eligible''.
(d) Housing Demonstration Projects in Alaska.--Section 687(g) of
title 14, United Sates Code, is amended--
(1) in the heading by striking ``Project'' and inserting
``Projects'';
(2) in paragraph (1) by striking ``a demonstration
project'' and inserting ``demonstration projects'';
(3) in paragraph (1) by striking ``Kodiak, Alaska;'' and
inserting ``Kodiak, Alaska, or any other Coast Guard
installation in Alaska;'';
(4) in paragraph (2) by striking ``the demonstration
project'' and inserting ``such a demonstration project''; and
(5) in paragraph (4) by striking ``the demonstration
project'' and inserting ``such demonstration projects''.
(e) Differential Lease Payments.--Chapter 18 of title 14, United
States Code, is amended by inserting after section 687 the following:
``Sec. 687a. Differential lease payments
``Pursuant to an agreement entered into by the Secretary and a
lessor of military family housing or military unaccompanied housing to
members of the armed forces, the Secretary may pay the lessor an
amount, in addition to the rental payments for the housing made by the
members, as the Secretary determines appropriate to encourage the
lessor to make the housing available to members of the armed forces as
military family housing or as military unaccompanied housing.''.
(f) Clerical Amendment.--The table of sections at the beginning of
chapter 18 of title 14, United States Code, is amended--
(1) by striking the item related to section 682 and
inserting the following:
``682. Direct loans and loan guarantees.'';
(2) in the item related to section 684 by striking
``nongovernmental'' and inserting ``eligible''; and
(3) by inserting after the item related to section 687 the
following:
``687a. Differential lease payments.''.
SEC. 208. REQUIREMENT FOR CONSTRUCTIVE CREDIT.
Section 727 of title 14, United States Code, is amended in the
second sentence by striking ``three years'' and inserting ``one year''.
SEC. 209. MAXIMUM AGE FOR RETENTION IN AN ACTIVE STATUS.
Section 742 of title 14, United States Code, is amended to read as
follows:
``Sec. 742. Maximum age for retention in an active status
``(a) A Reserve officer, if qualified, shall be transferred to the
Retired Reserve on the day the officer becomes 60 years of age unless
on active duty. If not qualified for retirement, a Reserve officer
shall be discharged effective upon the day the officer becomes 60 years
of age unless on active duty.
``(b) A Reserve officer on active duty shall, if qualified, be
retired effective upon the day the officer become 62 years of age. If
not qualified for retirement, a Reserve officer on active duty shall be
discharged effective upon the day the officer becomes 62 years of age.
``(c) Notwithstanding subsection (a)and (b), the Secretary may
authorize the retention of a Reserve rear admiral or rear admiral
(lower half) in an active status not longer than the day on which the
officer concerned becomes 64 years of age.
``(d) For purposes of this section, `active duty' does not include
active duty for training, duty on a board, or duty of a limited or
temporary nature if assigned to active duty from an inactive duty
status.''.
SEC. 210. PAYMENTS.
(a) In General.--Chapter 13 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 517. Payments
``(a) 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) 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) Clerical Amendment.--The table of sections at the beginning of
chapter 13 of title 14, United States Code, is amended by adding at the
end the following:
``517. Payments.''.
SEC. 211. COAST GUARD FELLOWSHIP PROGRAM.
(a) Establishment.--Title 14, United States Code, is amended by
adding at the end of chapter 11 the following:
``Sec. 337. Coast Guard Congressional Fellowship Program
``(a) There is established in the Coast Guard a Coast Guard
Congressional Fellowship Program to broaden Coast Guard officers'
knowledge of the Congress.
``(b) The Commandant may appoint 4 mid-grade officers as fellows
under the program, subject to the following limitations:
``(1) The maximum length of a fellowship is one year.
``(2) A fellow may be assigned to an office of the House of
Representatives or the Senate, including a committee, during
the period of the fellowship, or may rotate between such
offices.
``(3) To protect against abuses of separation of powers
principles and conflicts of interest, a fellow may not engage
in duties that will result in any direct or indirect benefit to
the Coast Guard, other than broadening the fellow's knowledge.
``(c) An individual violating this section is subject to
appropriate discipline by the Commandant.''.
(b) Limitation on Application.--Section 337(b)(1) of title 14,
United States Code, as amended by this section, does not apply to an
individual serving on June 10, 2003, as a Coast Guard congressional
fellow.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 11 of title 14, United States Code, is amended by inserting
after the item relating to section 336 the following:
``337. Coast Guard Congressional Fellowship Program.''.
SEC. 212. AIR SEARCH AND RESCUE FACILITY IN MUSKEGON COUNTY, MICHIGAN.
(a) Lease Authority.--The Commandant may enter into a long-term
lease for a period of up to 20 years with Muskegon County, Michigan,
for use of a facility constructed by the County at Muskegon County
Airport as an air search and rescue station, if such a facility that
meets criteria established under subsection (b) is available.
(b) Criteria.--Any facility leased under subsection (a) must meet
criteria established by the Commandant.
SEC. 213. 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,
subject to subsections (b) and (c), establish a National Coast Guard
Museum on Federal lands that are administered by the Coast Guard and
specified by the Commandant.
``(b) Location.--The National Coast Guard Museum may be located at,
or in close proximity to, the Coast Guard Academy in New London,
Connecticut.
``(c) Limitation on Expenditures.--The Secretary of the Department
in which the Coast Guard is operating shall not expend any Federal
funds for the planning, engineering, design, construction, operation,
or maintenance of any museum established under subsection (a).
``(d) Operation and Maintenance Plan.--Before the date on which the
Commandant establishes a museum under subsection (a), the Commandant
shall provide to the Committee on Transportation and Infrastructure of
the House of Representatives a plan for operating and maintaining such
a museum, including--
``(1) estimated operation and maintenance costs;
``(2) proposed sources of operation and maintenance funds;
and
``(3) a certification by the Inspector General of the
Department in which the Coast Guard is operating that items
included in the plan pursuant to paragraph (1) and (2) are
reasonable and realistic.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 5 of title 14, United States Code, is amended by adding at the
end the following:
``98. National Coast Guard Museum.''.
SEC. 214. LIMITATION ON NUMBER OF COMMISSIONED OFFICERS.
Notwithstanding section 42(a) of title 14, United States Code, the
total number of commissioned officers, excluding commissioned warrant
officers, on active duty in the Coast Guard shall not exceed 6,700 in
fiscal year 2004.
SEC. 215. REDISTRICTING NOTIFICATION REQUIREMENT.
The Commandant shall notify the Committee on Transportation and
Infrastructure of the House of Representatives at least 180 days
before--
(1) implementing any plan to reduce the number of, change
the location of, or change the geographic area covered by any
existing Coast Guard Districts; or
(2) shifting of more than 10 per cent of the personnel or
equipment from the station where such personnel or equipment is
based.
SEC. 216. ROTC DEMONSTRATION PROJECT.
(a) In General.--For the purpose of preparing selected students for
commissioned service in the Coast Guard, the Secretary of the
Department in which the Coast Guard is operating (in this section
referred to as the ``Secretary''), in consultation with the
Superintendent of the Coast Guard Academy, may establish and maintain a
Senior Reserve Officers' Training Corps demonstration project at the
University of Alaska (in this section referred to as the
``University'').
(b) Obligations of University, Generally.--As part of any
demonstration project undertaken under this section, the University
shall--
(1) give the senior commissioned Coast Guard officer who is
assigned to the project the academic rank of professor;
(2) adopt, as a part of its curriculum, a 4-year course of
military instruction as prescribed by the Secretary; and
(3) provide advanced training to eligible members of the
project.
(c) Student Eligibility.--To be eligible for membership in the
project an individual must--
(1) be a student at the University;
(2) be a citizen of the United States;
(3) be selected for advanced training under procedures
prescribed by the Secretary;
(4) enlist in the Coast Guard for the period prescribed by
the Secretary;
(5) contract (with the consent of the individual's parent
or guardian if the individual is a minor) with the Secretary,
or a designated representative of the Secretary, to serve for
the period required by the program;
(6) agree in writing to accept an appointment, if offered,
as a commissioned officer in the Coast Guard and to serve for
the period prescribed by the Secretary;
(7) either--
(A) complete successfully--
(i) the first 2 years of the 4-year Senior
Coast Guard Reserve Officers' Training Corps
course; or
(ii) field training or a practice cruise of
a duration prescribed by the Secretary as a
preliminary requirement for admission to the
advanced course; or
(B) at the discretion of the Secretary concerned,
agree in writing to complete field training or a
practice cruise, as prescribed by the Secretary, within
2 years after admission to the advanced course; and
(8) execute a certificate of loyalty in such form as the
Secretary prescribes or take a loyalty oath as prescribed by
the Secretary.
(d) Service Obligation.--A member of the project who is selected
for advanced training under subsection (c), and who does not complete
the course of instruction, or who completes the course but declines to
accept a commission when offered, may be ordered to active duty by the
Secretary to serve in the member's enlisted grade or rating for such
period of time as the Secretary prescribes but not for more than 2
years.
(e) Appointment as Officer.--
(1) In general.--Upon satisfactorily completing the
academic and military requirements of the program of advanced
training under subsection (c), a member of the project who was
selected for advanced training under subsection (c) may be
appointed as a regular or reserve officer in the Coast Guard in
the grade of second lieutenant or ensign, even if under 21
years of age.
(2) Date of rank.--The date of rank of officers appointed
under this subsection in May or June of any year is the date of
graduation of cadets from the Coast Guard Academy. The
Secretary shall establish the date of rank of all other
officers appointed under this subsection.
(3) Computation of length of service.--In computing length
of service for any purpose, an officer appointed under this
subsection may not be credited with enlisted service for the
period covered by advanced training under this section, other
than any period of enlisted service performed in the Coast
Guard.
(f) Appointment as Cadet.--
(1) In general.--The Secretary may appoint as a cadet in
the Coast Guard reserve any eligible member of the project who
will be under 31 years of age on December 31 of the calendar
year in which the member is eligible under this section for
appointment as an ensign in the Coast Guard.
(2) Eligibility requirements.--To be an eligible member of
the project for purposes of paragraph (1) a member must--
(A) be a citizen of the United States;
(B) be specially selected for the financial
assistance program under procedures prescribed by the
Secretary;
(C) enlist in the Coast Guard reserve as a cadet
for the period prescribed by the Secretary;
(D) contract (with the consent of the member's
parent or guardian if the member is a minor) with the
Secretary, or a designated representative of the
Secretary, to serve for the period required by the
project; and
(E) agree in writing that, at the discretion of the
Secretary, the member will--
(i)(I) accept an appointment, if offered, as a
commissioned officer in Coast Guard, and, if the member
is commissioned as a regular officer and the member's
regular commission is terminated before the sixth
anniversary of the member's date of rank, the member
accept an appointment, if offered, in the Coast Guard
reserve and not resign before that anniversary or
before such other date, not beyond the eighth
anniversary of the member's date of rank, that the
Secretary may prescribe; and
(II) serve on active duty for 4 or more years;
(ii)(I) accept an appointment, if offered, as a
commissioned officer in the Coast Guard; and
(II) serve in the Coast Guard reserve until the
eighth anniversary of the receipt of such appointment,
unless otherwise extended under subsection (g)(4),
under such terms and conditions as shall be prescribed
by the Secretary; or
(iii)(I) accept an appointment, if offered, as a
commissioned officer in the Coast Guard; and
(II) serve in the Coast Guard reserve until at
least the sixth anniversary and, at the discretion of
the Secretary, up to the eighth anniversary of the
receipt of such appointment, unless such appointment is
otherwise extended under subsection (g)(4), under such
terms and conditions as may be prescribed by the
Secretary.
The performance of service under subparagraph (E)(ii) or
(E)(iii) may include periods of active duty, active duty for
training, and other service in an active or inactive status in
the Coast Guard reserve, except that performance of service
under subparagraph (E)(iii) shall include not less than 2 years
of active duty.
(3) Appointment as officer.--Upon satisfactorily completing
the academic and military requirements of the project, a cadet
may be appointed as a regular or reserve officer in the grade
of second lieutenant or ensign, even if under 21 years of age.
(4) Date of rank.--The date of rank of officers appointed
under this subsection in May or June of any year is the date of
graduation of cadets from Coast Guard Academy in that year. The
Secretary shall establish the date of rank of all other
officers appointed under this subsection.
(5) Service obligation.--A cadet who does not complete the
4-year course of instruction, or who completes the course but
declines to accept a commission when offered, may be ordered to
active duty by the Secretary to serve in the member's enlisted
grade or rating for such period of time as the Secretary
prescribes but not for more than 4 years.
(g) Advanced Standing.--
(1) In general.--The Secretary may give to any enlisted
member of the Coast Guard, or any person who has served on
active duty in any armed force, such advanced standing in the
program as may be justified by the member's education and
training.
(2) Eligibility for advanced training.--In determining a
member's eligibility for advanced training, the Secretary may
credit the member with any military training that is
substantially equivalent in kind to that prescribed for
admission to advanced training and was received while the
member was taking a course of instruction in a program under
the jurisdiction of another armed force or while the member was
on active duty in the armed forces.
(3) Excuse from prescribed instruction.--The Secretary may
excuse from a portion of the prescribed course of military
instruction, including field training and practice cruises, any
member found qualified on the basis of the member's previous
education, military experience, or both.
(4) Participation following undergraduate studies.--An
individual may become, remain, or be readmitted as, a member of
the advanced training program after receiving a baccalaureate
degree or completing preprofessional studies if the member has
not completed the course of military instruction or all field
training or practice cruises prescribed by the Secretary. If a
member of the project has been accepted for resident graduate
or professional study, the Secretary may delay the commencement
of the member's obligated period of active duty, and any
obligated period of active duty for training or other service
in an active or inactive status in the Coast Reserve, until the
member has completed that study.
(5) Release from project.--The Secretary, if the Secretary
determines that the interest of the service so requires, may
release any individual from the project and discharge the
member from the Coast Guard.
(h) Miscellaneous Authorities.--
(1) In general.--The Secretary may issue to the senior
commissioned Coast Guard officer who is assigned to the
project, or to the officers of the Coast Guard who are
designated as accountable or responsible for such property--
(A) supplies, means of transportation including
aircraft, arms and ammunition, and military textbooks
and educational materials; and
(B) uniform clothing, except that he may pay
monetary allowances for uniform clothing at such rate
as he may prescribe.
(2) Flight instruction.--The Secretary may provide, or
contract with civilian flying or aviation schools or
educational institutions to provide, the personnel, aircraft,
supplies, facilities, services, and instruction necessary for
flight instruction and orientation for properly designated
members of the project.
(3) Medical care.--The Secretary--
(A) may transport members of, and designated
applicants for membership in, the project to and from
installations when it is necessary for them to undergo
medical or other examinations or for the purposes of
making visits of observation; and
(B) may furnish to such members subsistence,
quarters, and necessary medical care, including
hospitalization, while they are at, or traveling to or
from, such an installation.
(4) Participation in flights and cruises.--The Secretary
may authorize members of, and designated applicants for
membership in, the project to participate in aerial flights in
Coast Guard aircraft and in indoctrination cruises in naval
vessels.
(5) Financial assistance.--The Secretary may, to the extent
amounts are available, provide for the payment of financial
assistance to students participating in the project, including
for tuition, fees, books, and laboratory expenses.
(i) Detail of Reserve Officers.--The Secretary may detail regular
or reserve Coast Officers for instructional and administrative duties
related to the project.
SEC. 217. SHOCK MITIGATION REQUIREMENTS.
(a) Requirements.--Chapter 17 of title 14, United Sates Code, is
amended by adding the end the following:
``Sec. 675. Shock mitigation requirements
``(a) The Secretary shall establish a shock standard for Coast
Guard vessels.
``(b) The Secretary shall include shock mitigation requirements for
boat decking in each procurement of a vessel for the Coast Guard that
does not meet the standard established under subsection (a).
``(c) Requirements under subsection (a) shall specify the weight
and durability of decking material, effects on decking material of
repeated use and weather conditions, and the capability of decking
material to mitigate impacts.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17, of title 14, United States Code, is amended by adding at
the end the following:
``675. Shock mitigation requirements.''.
SEC. 218. COAST GUARD YARD.
(a) In General.--Section 648 of title 14, United States Code, is
amended by--
(1) amending the section heading to read as follows:
``Sec. 648. Industrial work'';
(2) inserting ``(a)'' before the existing text; and
(3) adding at the end the following:
``(b) The Commandant may enter into a contract or cooperative
agreement with any person for the performance of work on a local,
State, or Federal government vessel, or the engine, ordnance,
electronics, or other equipment related to such a vessel.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 17 of title 14, United States Code, is amended by amending the
item relating to section 648 to read as follows:
``648. Industrial work.''.
SEC. 219. RECOMMENDATIONS TO CONGRESS BY COMMANDANT OF THE COAST GUARD.
Section 93 of title 14, United States Code, is amended--
(1) in paragraph (w) by striking ``and'' after the
semicolon at the end;
(2) in paragraph (x) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(y) after informing the Secretary, make such
recommendations to the Congress relating to the Coast Guard as
the Commandant considers appropriate.''.
SEC. 220. ASSIGNMENT OF OFFICER TO NATIONAL WAR COLLEGE.
(a) In General.--Chapter 7 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 152. Assignment of officer to National War College
``The Commandant shall assign an officer in the grade of captain to
serve as the Coast Guard's Service Chair at the National War
College.''.
(b) Clerical Amendment.--The table of contents at the beginning of
chapter 7 of title 14, United States Code, is amended by adding at the
end the following:
``152. Assignment of officer to National War College.''.
SEC. 221. COAST GUARD EDUCATION LOAN REPAYMENT PROGRAM.
(a) Program Authorized.--Chapter 13 of title 14, United States
Code, is amended by inserting after section 471 the following:
``Sec. 472. Education loan repayment program
``(a)(1) Subject to the provisions of this section, the Secretary
may repay--
``(A) any loan made, insured, or guaranteed under part B of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et
seq.);
``(B) any loan made under part D of such title (the William
D. Ford Federal Direct Loan Program, 20 U.S.C. 1087a et seq.);
or
``(C) any loan made under part E of such title (20 U.S.C.
1087aa et seq.).
Repayment of any such loan shall be made on the basis of each complete
year of service performed by the borrower.
``(2) The Secretary may repay loans described in paragraph (1) in
the case of any person for service performed on active duty as an
enlisted member of the Coast Guard in a specialty specified by the
Secretary.
``(b) The portion or amount of a loan that may be repaid under
subsection (a) is 33\1/3\ percent or $1,500, whichever is greater, for
each year of service.
``(c) If a portion of a loan is repaid under this section for any
year, interest on the remainder of such loan shall accrue and be paid
in the same manner as is otherwise required.
``(d) Nothing in this section shall be construed to authorize
refunding any repayment of a loan.
``(e) The Secretary shall, by regulation, prescribe a schedule for
the allocation of funds made available to carry out this section during
any year for which funds are not sufficient to pay the sum of the
amounts eligible for repayment under subsection (a).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 13 of title 14, United States Code, is amended by inserting
after the item relating to section 471 the following:
``472. Education loan repayment program.''.
TITLE III--NAVIGATION
SEC. 301. MARKING OF UNDERWATER WRECKS.
Section 15 of the Act of March 3, 1899 (33 U.S.C. 409), is
amended--
(1) by striking ``day and'' and inserting ``day and, unless
otherwise authorized by the Commandant of the Coast Guard,'';
and
(2) by striking ``lighted lantern'' and inserting
``light''.
SEC. 302. USE OF ELECTRONIC DEVICES; COOPERATIVE AGREEMENTS.
Section 4(a) of the Ports and Waterways Safety Act of 1972 (33
U.S.C. 1223(a)) is amended by--
(1)(A) striking ``and'' after the semicolon at the end of
paragraph (4);
(B) striking the period at the end of paragraph (5) and
inserting ``; and''; and
(C) adding at the end the following:
``(6) may prohibit the use on the bridge of a vessel of
electronic or other devices that interfere with communications
and navigation equipment.''; and
(2) adding at the end the following:
``(e) Cooperative Agreements.--(1) The Secretary may enter into
cooperative agreements with public or private agencies, authorities,
associations, institutions, corporations, organizations, or other
persons to carry out the functions under subsection (a)(1).
``(2) A nongovernmental entity may not under this subsection carry
out an inherently governmental function.
``(3) As used in this paragraph, 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.''.
SEC. 303. INLAND NAVIGATION RULES PROMULGATION AUTHORITY.
(a) Repeal of Inland Rules.--Section 2 of the Inland Navigational
Rules Act of 1980 (33 U.S.C. 2001-38) is repealed.
(b) Authority To Issue Regulations.--Section 3 of the Inland
Navigational Rules Act of 1980 (33 U.S.C. 2001) is amended to read as
follows:
``SEC. 3. INLAND NAVIGATION RULES.
``The Secretary of the Department in which the Coast Guard is
operating 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.''.
(c) Effective Date.--Subsection (a) is effective on the effective
date of final regulations prescribed by the Secretary of the Department
in which the Coast Guard is operating under section 3 of the Inland
Navigation Rules Act of 1980 (33 U.S.C. 2001), as amended by this Act.
TITLE IV--SHIPPING
SEC. 401. 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. 402. SUSPENSION OF DOCUMENTS IN LIEU OF MANDATORY REVOCATION FOR
PROVED DRUG CONVICTIONS.
Section 7704(b) of title 46, United States Code, is amended by
inserting ``suspended or'' after ``shall be''.
SEC. 403. INSPECTION OF RECORDS OF MERCHANT MARINERS' DOCUMENTS.
Section 7319 of title 46, United States Code, is amended by
striking ``The records are not open to general or public inspection.''.
SEC. 404. EXEMPTION OF UNMANNED BARGES FROM CITIZENSHIP REQUIREMENTS
REGARDING COMMAND OF VESSEL.
(a) Exemption From Limitation on Command.--Section 12110(d) of
title 46, United States Code, is amended by inserting ``or an unmanned
barge not engaged on a coastwise voyage'' after ``recreational
endorsement''.
(b) Exemption From Seizure and Forfeiture.--Section 12122(b)(6) of
title 46, United States Code, is amended by inserting ``or an unmanned
barge not engaged on a coastwise voyage'' after ``recreational
endorsement''.
SEC. 405. 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 under section 3202(a) of this
title.''.
SEC. 406. CIVIL PENALTIES FOR FAILURE TO COMPLY WITH RECREATIONAL
VESSEL AND ASSOCIATED EQUIPMENT SAFETY STANDARDS.
Section 4311(b) of title 46, United States Code, is amended--
(1) by striking the first sentence and inserting ``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.''; and
(2) in the second sentence, by striking ``4307(a)(1)'' and
inserting ``4307(a)''.
SEC. 407. REVISION OF TEMPORARY SUSPENSION CRITERIA IN DOCUMENT
SUSPENSION AND REVOCATION CASES.
Section 7702(d) of title 46, United States Code, is amended--
(1) in paragraph (1) by striking ``if, when acting under
the authority of that license, certificate, or document--'' and
inserting ``if--'';
(2) in paragraph (1)(B)(i), by inserting ``, while acting
under the authority of that license, certificate, or
document,'' after ``has'';
(3) by striking ``or'' after the semicolon at the end of
paragraph (1)(B)(ii);
(4) by striking the period at the end of paragraph
(1)(B)(iii) and inserting ``; or''; and
(5) by adding at the end of paragraph (1)(B) the following:
``(iv) is 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. 408. REVISION OF BASES FOR DOCUMENT SUSPENSION AND REVOCATION
CASES.
Section 7703 of title 46, United States Code, is amended--
(1) in paragraph (1)(B)--
(A) by striking ``incompetence,''; and
(B) by striking the comma after ``misconduct'';
(2) by striking ``or'' after the semicolon at the end of
paragraph (2);
(3) by striking the period at the end of paragraph (3) and
inserting a semicolon; and
(4) by adding at the end the following:
``(4) has committed an act of incompetence; or
``(5) is a threat to the safety or security of a vessel or
a structure located within or adjacent to the marine
environment.''.
SEC. 409. HOURS OF SERVICE ON TOWING VESSELS.
(a) Regulations.--Section 8904 of title 46, United States Code, is
amended by adding at the end of the following:
``(c) The Secretary may prescribe by regulation requirements for
maximum hours of service (including recording and record-keeping of
that service) of individuals engaged on a towing vessel that is at
least 26 feet in length measured from end to end over the deck
(excluding the sheer).''.
(b) Demonstration Project.--Prior to prescribing regulations under
this section the Secretary shall conduct and report to the Congress on
the results of a demonstration project involving the implementation of
Crew Endurance Management Systems on towing vessels. The report shall
include a description of the public and private sector resources needed
to enable implementation of Crew Endurance Management Systems on all
United States-flag towing vessels.
SEC. 410. AUTOMATIC IDENTIFICATION SYSTEM ELECTRONIC CHARTS.
Section 70114(a)(1) of title 46, United States Code, is amended by
inserting ``, including an electronic chart and related display,''
after ``automatic identification system'' the first place it appears.
SEC. 411. PREVENTION OF DEPARTURE.
(a) In General.--Section 3505 of title 46, United States Code, is
amended to read as follows:
``Sec. 3505. Prevention of departure
``Notwithstanding section 3303 of this title, a foreign vessel
carrying a citizen of the United States as a passenger or that embarks
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.''.
(b) Conforming Amendment.--Section 3303 of title 46, United States
Code, is amended by inserting ``and section 3505'' after ``chapter
37''.
SEC. 412. SERVICE OF FOREIGN NATIONALS FOR MARITIME EDUCATIONAL
PURPOSES.
Section 8103(b)(1)(A) of title 46, United State Code, is amended to
read as follows:
``(A) each unlicensed seaman must be--
``(i) a citizen of the United States;
``(ii) an alien lawfully admitted to the United
States for permanent residence; or
``(iii) a foreign national who is enrolled in the
United States Merchant Marine Academy.''.
SEC. 413. CLASSIFICATION SOCIETIES.
(a) In General.--Section 3316 of title 46, United States Code, is
amended by adding at the end the following:
``(c)(1) A person shall not operate in interstate or foreign
commerce as a classification society unless the Secretary has reviewed
and approved the person with respect to the conduct of those
operations.
``(2) The Secretary may approve a person for purposes of paragraph
(1) only if the Secretary determines that--
``(A) the vessels surveyed by the person while acting as a
classification society have an adequate safety record; and
``(B) the person has an adequate program to--
``(i) develop safety standards for vessels surveyed
by the person;
``(ii) make the safety records of the person
available to the Secretary in an electronic format;
``(iii) provide the safety records of a vessel
surveyed by the person to any other classification
society that requests those records for the purpose of
conducting a survey of the vessel; and
``(iv) request the safety records of a vessel the
person will survey from any classification society that
previously surveyed the vessel.
``(3) The Secretary shall issue regulations implementing this
subsection, including regulations describing activities that constitute
operation in interstate or foreign commerce as a classification
society.''.
(b) Application.--Section 3316(c)(1) of title 46, United States
Code, shall apply with respect to operation as a classification society
on or after January 1, 2005.
SEC. 414. MEMBERSHIP OF AREA MARITIME SECURITY ADVISORY COMMITTEES.
Section 70112(b) of title 46, United States Code, is amended by
adding at the end to following:
``(5) Membership of an Area Maritime Security Advisory Committee
shall include representatives of the port industry, terminal operators,
port labor organizations, and other users of the port areas.''.
SEC. 415. SECURITY PLANS.
Section 70103(c) of title 46, United States Code, is amended--
(1) in paragraph (1)--
(A) by striking ``operator of a vessel or
facility'' and inserting ``operator of a vessel
(including a foreign vessel) or facility''; and
(B) by striking ``a security plan'' and inserting
``in writing a detailed security plan'';
(2) in paragraph (5), by striking ``A vessel'' and
inserting ``A vessel (including a foreign vessel)'';
(3) in paragraph (6), by inserting ``(including a foreign
vessel)'' after ``authorize a vessel''; and
(4) in paragraph (7), by inserting ``(including a foreign
vessel)'' after ``operator of a vessel''.
TITLE V--FEDERAL MARITIME COMMISSION
SEC. 501. AUTHORIZATION OF APPROPRIATIONS FOR FEDERAL MARITIME
COMMISSION.
There is authorized to be appropriated to the Federal Maritime
Commission $18,471,000 for Fiscal Year 2004.
TITLE VI--MISCELLANEOUS
SEC. 601. INCREASE IN CIVIL PENALTIES FOR VIOLATIONS OF CERTAIN BRIDGE
STATUTES.
(a) General Bridge Act of 1906.--Section 5(b) of Act of March 23,
1906 (chapter 1130; 33 U.S.C. 495), popularly known as the General
Bridge Act, is amended by striking ``$1,000'' and inserting ``$5,000
for a violation occurring in 2004; $10,000 for a violation occurring in
2005; $15,000 for a violation occurring in 2006; $20,000 for a
violation occurring in 2007; and $25,000 for a violation occurring in
2008 and any year thereafter''.
(b) Drawbridges.--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(c)), is amended by striking
``$1,000'' and inserting ``$5,000 for a violation occurring in 2004;
$10,000 for a violation occurring in 2005; $15,000 for a violation
occurring in 2006; $20,000 for a violation occurring in 2007; and
$25,000 for a violation occurring in 2008 and any year thereafter''.
(c) Alteration, Removal, or Repair of Bridges.--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'', approved March 3, 1899 (33 U.S.C. 502(c)) is
amended by striking ``$1,000'' and inserting ``$5,000 for a violation
occurring in 2004; $10,000 for a violation occurring in 2005; $15,000
for a violation occurring in 2006; $20,000 for a violation occurring in
2007; and $25,000 for a violation occurring in 2008 and any year
thereafter''.
(d) General Bridge Act of 1946.--Section 510(b) of the General
Bridge Act of 1946 (33 U.S.C. 533(b)) is amended by striking ``$1,000''
and inserting ``$5,000 for a violation occurring in 2004; $10,000 for a
violation occurring in 2005; $15,000 for a violation occurring in 2006;
$20,000 for a violation occurring in 2007; and $25,000 for a violation
occurring in 2008 and any year thereafter''.
SEC. 602. CONVEYANCE OF DECOMMISSIONED COAST GUARD CUTTERS.
(a) In General.--The Commandant of the Coast Guard shall 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 to--
(1) 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) 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) 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 shall, to the extent
practical, and subject to other Coast Guard mission requirements, make
every effort to maintain the integrity of the vessel and its equipment
until the time of delivery. 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 Public Law 94-
469 (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. 603. TONNAGE MEASUREMENT.
(a) M/V BLUEFIN.--The gross tonnage of the M/V BLUEFIN (United
States official number 620431) as measured under regulations prescribed
under section 14502 of title 46, United States Code, is deemed to be
488 tons.
(b) M/V COASTAL MERCHANT.--The gross tonnage of the M/V COASTAL
MERCHANT (United States official number 1038382) as measured under
regulations prescribed under section 14502 of title 46, United States
Code, is deemed to be 493 tons.
(c) Termination of Application.--Subsection (a) or (b) shall not
apply on and after any date on which the Secretary of the Department in
which the Coast Guard is operating determines, respectively, that the
vessel M/V BLUEFIN or the vessel M/V COASTAL MERCHANT has undergone any
major modification.
SEC. 604. OPERATION OF VESSEL STAD AMSTERDAM.
(a) In General.--Notwithstanding section 8 of the Act of June 19,
1886 (46 App. U.S.C. 289), and the ruling by the Acting Director of the
International Trade Compliance Division of the Customs Service on May
17, 2002 (Customs Bulletins and Decisions, Vol. 36, No. 23, June 5,
2002), the vessel STAD AMSTERDAM (International Maritime Organization
number 9185554) shall be authorized to carry within United States
waters and between ports or places in the United States individuals who
are not directly and substantially connected with the operation,
navigation, ownership, or business of the vessel, who are friends,
guests, or employees of the owner of the vessel, and who are not actual
or prospective customers for hire of the vessel.
(b) Limitation.--This section does not authorize the vessel STAD
AMSTERDAM to be used to carry individuals for a fare or to be chartered
on a for-hire basis in the coastwise trade.
SEC. 605. GREAT LAKES NATIONAL MARITIME ENHANCEMENT INSTITUTE.
(a) Designation.--The Secretary of Transportation may designate a
National Maritime Enhancement Institute for the Great Lakes Region.
(b) Authorized Activities.--In addition to the activities that may
be undertaken by that Institute under section 8(b) of Public Law 101-
115 (46 App. U.S.C. 1121-2), the Great Lakes National Maritime
Enhancement Institute may--
(1) conduct research and evaluate short sea shipping market
opportunities on the Great Lakes, including the expanded use of
freight ferries, improved mobility, and regional supply chain
efficiency;
(2) evaluate markets for foreign trade between ports on the
Great Lakes and draft-limited ports in Europe and Africa;
(3) evaluate the environmental benefits of waterborne
transportation in the Great Lakes region;
(4) analyze the effect of the Harbor Maintenance Tax on
Great Lakes shipping;
(5) study the state of shipbuilding and ship repair base on
the Great Lakes;
(6) evaluate opportunities for passenger vessel services on
the Great Lakes;
(7) analyze the origin to destination flow of freight cargo
in the Great Lakes region that may be transported on vessels to
relieve congestion in other modes of transportation;
(8) evaluate the economic viability establishing
transshipment facilities for oceangoing cargoes;
(9) evaluate the adequacy of the infrastructure in ports to
meet the needs of marine commerce; and
(10) study and develop new vessel designs for domestic and
international shipping on the Great Lakes.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary $5,000,000 for each of fiscal years 2004
through 2008 for the activities described in subsection (b).
SEC. 606. AGILE PORT AND INTELLIGENT BORDER SECURITY NATIONAL
DEMONSTRATION PROJECT.
(a) In General.--The Secretary of Transportation may carry out an
Agile Port and Intelligent Border Security National Demonstration
Project under the Center for the Commercial Deployment of
Transportation Technologies to develop and deploy dual use
transportation technologies for commercial applications, including the
following:
(1) Agile port facilities, including inland multi-modal
transportation facilities.
(2) Advanced cargo and passenger vessel hull design,
propulsion systems, and construction.
(3) Regional supply chain efficiency, improved mobility,
and air quality.
(4) Maritime, port, cargo, and supply chain security, and
total asset visibility.
(b) Authorization of Appropriations.--To carry out the
demonstration project under subsection (a) there is authorized to be
appropriated to the Secretary of Transportation $5,000,000 for fiscal
year 2004.
SEC. 607. 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 RAINIER 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 Seward, 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. 608. MISCELLANEOUS CERTIFICATES OF DOCUMENTATION.
Notwithstanding section 27 of the Merchant Marine Act, 1920 (46
App. U.S.C. 883), section 8 of the Act of June 19, 1886 (24 Stat. 81,
chapter 421; 46 App. U.S.C. 289), and section 12106 of title 46, United
States Code, the Secretary of the department in which the Coast Guard
is operating may issue a certificate of documentation with appropriate
endorsement for employment in the coastwise trade for the following
vessels:
(1) OCEAN LEADER (United States official number 679511).
(2) REVELATION (United States official number 1137565).
SEC. 609. REGULATIONS.
No later than February 1, 2004, the Secretary of the department in
which the Coast Guard is operating shall implement final regulations to
carry out section 12106(e), title 46, United States Code.
SEC. 610. REPORT REGARDING SECURITY INSPECTION OF VESSELS AND VESSEL-
BORNE CARGO CONTAINERS ENTERING THE UNITED STATES.
(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
numbers and types of vessels and vessel-borne cargo containers that
enter the United States in a year.
(b) Contents.--The report under this section shall include the
following:
(1) A section regarding security inspection of vessels that
includes the following:
(A) A complete breakdown of the numbers and types
of vessels that entered the United States in the most
recent 1-year period for which information is
available.
(B) The cost incurred by the Federal Government in
inspecting such vessels in such 1-year period,
including specification and comparison of such cost for
each type of vessel.
(C) An estimate of the per-vessel cost that would
be incurred by the Federal Government in inspecting in
a foreign port each type of vessel that enters the
United States each year, including costs for personnel,
vessels, equipment, and funds.
(D) An estimate of the annual total cost that would
be incurred by the Federal Government in inspecting in
foreign ports all vessels that enter the United States
each year, including costs for personnel, vessels,
equipment, and funds.
(2) A section regarding security inspection of containers
that includes the following:
(A) A complete breakdown of the numbers and types
of vessel-borne cargo containers that entered the
United States in the most recent 1-year period for
which information is available, including specification
of the number of 1 TEU containers and the number of 2
TEU containers.
(B) The cost incurred by the Federal Government in
inspecting such containers in such 1-year period,
including specification and comparison of such cost for
a 1 TEU container and for a 2 TEU container.
(C) An estimate of the per-container cost that
would be incurred by the Federal Government in
inspecting in a foreign port each type of vessel-borne
container that enters the United States each year,
including costs for personnel, vessels, equipment, and
funds.
(D) An estimate of the annual total cost that would
be incurred by the Federal Government in inspecting in
foreign ports all vessel-borne containers that enter
the United States each year, including costs for
personnel, vessels, equipment, and funds.
SEC. 611. CONVEYANCE OF DECOMMISSIONED COAST GUARD VESSELS.
(a) In General.--Upon the scheduled decommissioning of a Coast
Guard vessel listed in subsection (d), the Commandant of the Coast
Guard shall convey all right, title, and interest of the United States
in and to that vessel to the respective recipient listed in subsection
(d) for that vessel, if--
(1) the recipient agrees--
(A) to use the vessel for public safety activities;
(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 by the Government under subparagraph (C);
(2) the recipient has funds available that will be
committed to operate and maintain the vessel conveyed in good
working condition, in the form of cash, liquid assets, or a
written loan commitment; and
(3) the recipient agrees to any other conditions the
Commandant considers appropriate.
(b) Maintenance and Delivery of Vessel.--Prior to conveyance of the
vessel under this section, the Commandant shall, to the extent
practical, and subject to other Coast Guard mission requirements, make
every effort to maintain the integrity of the vessel and its equipment
until the time of delivery. If a conveyance is made under this section,
the Commandant shall deliver the vessel at the place where the vessel
is located, in its present condition, and without cost to the
Government. The conveyance of the vessel under this section shall not
be considered a distribution in commerce for purposes of section 6(e)
of Public Law 94-469 (15 U.S.C. 2605(e)).
(c) Other Excess Equipment.--The Commandant may convey to the
recipient any excess equipment or parts from other decommissioned Coast
Guard vessels for use to enhance the vessel's operability and function.
(d) Vessels and Recipients.--The vessels and recipients referred to
in subsection (a) are the following:
(1) A 21-foot rigid hull Coast Guard vessel, to the Berrien
County Sheriff's Department, Berrien County, Michigan.
(2) A 44-foot motor life boat, to the Port Norris Fire
Company, Commercial Township, New Jersey.
(3) A 44-foot motor life boat, to the City of Margate, New
Jersey.
(4) A 44-foot motor life boat, to the Lower Alloway Creek
Fire Company, Hancocks Bridge, New Jersey.
(5) A 44-foot motor life boat, to the Fortescue Fire Rescue
Company 1, Downe Township, New Jersey.
(6) A 21-foot rigid hull inflatable, to the Longport
Volunteer Fire Department, Longport, New Jersey.
(7) A 21-foot rigid hull inflatable, to West Wildwood Fire
Company, West Wildwood, New Jersey.
(8) A 21-foot rigid hull inflatable, to the San Diego
Unified Port District, California.
SEC. 612. ASSATEAGUE LIGHTHOUSE LENS.
The Secretary of the department in which the Coast Guard is
operating shall convey to the Oyster and Maritime Museum, located in
Chincoteague, Virginia, without consideration, all right, title, and
interest of the United States in and to the first order Fresnel lens
formerly used in the Assateague Lighthouse located on Assateague
Island, Virginia.
SEC. 613. STUDY OF THE ROLE OF COAST GUARD ICE BREAKERS IN SUPPORTING
UNITED STATES OPERATIONS IN THE ANTARCTIC AND THE ARCTIC.
(a) In General.--The Commandant of the Coast Guard may enter into
an arrangement with the Polar Research Board and the Marine Board of
the National Academy of Sciences to--
(1) conduct a study of the role of Coast Guard icebreakers
in supporting United States operations in the Antarctic and the
Arctic, including--
(A) roles in logistics and material support and a
general inventory of contributions to science in both
regions;
(B) alternative methods for staging, supporting,
and conducting Arctic and Antarctic activities other
than by use of Coast Guard icebreakers;
(C) the operational status of the POLAR STAR and
POLAR SEA, including the projected life expectancy of
vessel systems, and strategies for extending the
service life of these vessels; and
(D) key short-term and long-term functions provided
by the Coast Guard icebreaker fleet and how these
functions might be addressed under different service
life extension and replacement scenarios; and
(2) conduct a study of changes in the roles and missions of
Coast Guard icebreakers in the support of future marine
operations in the Arctic that may develop due to environmental
change, including--
(A) the amount and kind of icebreaking support that
may be required in the future to support marine
operations in the Northern Sea Route and the Northwest
Passage;
(B) the suitability of the Polar Class icebreakers
for these new roles; and
(C) appropriate changes in existing laws governing
Coast Guard icebreaking operations and the potential
for new operating regimes.
(b) Report.--Not later than 18 months after the date of enactment
of the Act, the Commandant shall submit a report on the studies
required under subsection (a) to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
(c) Charge for Icebreaking Services.--After the date on which the
Commandant submits the report under subsection (b), and notwithstanding
any other provision of law, the Secretary of the department in which
the Coast Guard is operating may charge other Federal agencies for the
Secretary's cost of providing icebreaking and related transportation
services to those agencies.
SEC. 614. CORRECTION OF REFERENCES TO NATIONAL DRIVER REGISTER.
Title 46, United States Code, is amended--
(1) in section 7302--
(A) by striking ``section 206(b)(7) of the National
Driver Register Act of 1982 (23 U.S.C. 401 note)'' and
inserting ``30305(b)(5) of title 49''; and
(B) by striking ``section 205(a)(3)(A) or (B) of
that Act'' and inserting ``30304(a)(3)(A) or (B) of
title 49'';
(2) in section 7702(d)(1)(B)(iii) by striking ``section
205(a)(3)(A) or (B) of the National Driver Register Act of
1982'' and inserting ``section 30304(a)(3)(A) or (B) of title
49''; and
(3) in section 7703(3) by striking ``section 205(a)(3)(A)
or (B) of the National Driver Register Act of 1982'' and
inserting ``section 30304(a)(3)(A) or (B) of title 49''.
SEC. 615. WATEREE RIVER.
For purposes of bridge administration, the portion of the Wateree
River in the State of South Carolina, from a point 100 feet upstream of
the railroad bridge located at approximately mile marker 10.0 to a
point 100 feet downstream of such bridge, 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. 616. ALASKA MERCHANT MARINERS' DOCUMENTS PILOT PROGRAM.
(a) In General.--The Secretary of the department in which the Coast
Guard is operating shall conduct a pilot program in the 17th Coast
Guard District to demonstrate methods to improve processing and
procedures for issuing merchant mariners' documents.
(b) Use of Existing Tools.--Before conducting the pilot program
authorized under subsection (a), the Secretary shall consult with the
Secretary of the Air Force regarding the efficiency and effectiveness
of the content management technology and information management tools
that are currently used by the department of the Air Force in the Air
Force Publishing Directorate.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of the department in which the Coast
Guard is operating $5,000,000 to carry out the pilot program under
subsection (a).
SEC. 617. CONVEYANCE OF SENTINEL ISLAND LIGHT STATION, ALASKA.
(a) Authority To Convey.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary of the Department in which the Coast Guard
is operating shall convey, by an appropriate means of
conveyance, all right, title, and interest of the United States
in and to the Sentinel Island Light Station and Sentinel
Island, Alaska, to the Gastineau Channel Historical Society.
(2) Identification of property.--The Secretary may
identify, describe, and determine the property to be conveyed
under this subsection.
(3) Limitation.--The Secretary may not under this section
convey--
(A) any historical artifact, including any lens or
lantern, located on property conveyed under this
section at or before the time of the conveyance; or
(B) any interest in submerged land.
(b) General Terms and Conditions.--
(1) In general.--Any conveyance of property under this
section shall be made--
(A) without payment of consideration; and
(B) subject to the terms and conditions required by
this section and other terms and conditions the
Secretary may consider appropriate, including the
reservation of easements and other rights on behalf of
the United States.
(2) Reversionary interest.--In addition to any term or
condition established under this section, any conveyance of
property under this section shall be subject to the condition
that all right, title, and interest in the property, at the
option of the Secretary shall revert to the United States and
be placed under the administrative control of the Secretary,
if--
(A) the property, or any part of the property--
(i) ceases to be available and accessible
to the public, on a reasonable basis, for
educational, park, recreational, cultural,
historic preservation, or other similar
purposes specified for the property in the
terms of conveyance;
(ii) ceases to be maintained in a manner
that is consistent with its present or future
use as a site for Coast Guard aids to
navigation or compliance with this section; or
(iii) ceases to be maintained in a manner
consistent with the conditions in paragraph (4)
established by the Secretary pursuant to the
National Historic Preservation Act (16 U.S.C.
470 et seq.); or
(B) at least 30 days before that reversion, the
Secretary provides written notice to the owner that the
property is needed for national security purposes.
(3) Maintenance of navigation functions.--Any conveyance of
property under this section shall be made subject to the
conditions that the Secretary considers to be necessary to
assure that--
(A) the lights, antennas, and associated equipment
located on the property conveyed that are active aids
to navigation shall continue to be operated and
maintained by the United States for as long as they are
needed for this purpose;
(B) the owner of the property may not interfere or
allow interference in any manner with aids to
navigation without express written permission from the
Commandant of the Coast Guard;
(C) there is reserved to the United States the
right to relocate, replace, or add any aids to
navigation or make any changes to the property conveyed
as may be necessary for navigational purposes;
(D) the United States shall have the right, at any
time, to enter the property without notice for the
purpose of operating, maintaining, and inspecting aids
to navigation and for the purpose of enforcing
compliance with this subsection; and
(E) the United States shall have an easement of
access to and across the property for the purpose of
maintaining the aids to navigation in use on the
property.
(4) Maintenance of property.--
(A) In general.--Subject to subparagraph (B), the
owner of a property conveyed under this section shall
maintain the property in a proper, substantial, and
workmanlike manner, and in accordance with any
conditions established by the Secretary pursuant to the
National Historic Preservation Act (16 U.S.C. 470 et
seq.) and other applicable laws.
(B) Limitation.--The owner of a property conveyed
under this section is not required to maintain any
active aids to navigation on the property, except
private aids to navigation authorized under section 83
of title 14, United States Code.
(c) Definitions.--In this section, the following definitions apply:
(1) Aids to navigation.--The term ``aids to navigation''
means equipment used for navigation purposes, including a
light, antenna, radio, sound signal, electronic navigation
equipment, or other associated equipment that are operated or
maintained by the United States.
(2) Owner.--The term ``owner'' means, for property conveyed
under this section, the person to which property is conveyed
under subsection (a)(1), and any successor or assign of that
person.
SEC. 618. MARITIME INTELLIGENCE AND LONG-RANGE VESSEL TRACKING SYSTEM.
(a) Maritime Intelligence.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary of the department in which
the Coast Guard is operating $25,000,000 for fiscal year 2004
to implement a system to carry out section 70113(a) of title
46, United States Code.
(2) System requirement.--Any system implemented with
amounts made available under this subsection shall--
(A) include a vessel terrorism risk profiling
system that assigns incoming vessels a risk rating; and
(B) be based on independently verified intelligence
data.
(b) Vessel Tracking System.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary of the Department in which
the Coast Guard is operating $12,000,000 for fiscal year 2004
to carry out section 70115 of title 46, United States Code.
(2) System requirements.--Any automated vessel tracking
system implemented with amounts made available under this
subsection shall be operated by an existing nonprofit maritime
organization that--
(A) operates satellite communications systems, and
vessel tracking software and hardware; and
(B) can have nationwide vessel tracking capability
in operation by no later than 90 days after the date
the organization enters into a contract with the Coast
Guard to establish and operate the system.
SEC. 619. COLUMBIA SLOUGH.
Section 325 of Public Law 97-369 (96 Stat. 1785) is repealed.
SEC. 620. SENSE OF CONGRESS REGARDING CARBON MONOXIDE AND WATERCRAFT.
It is the sense of the Congress that the Coast Guard should
continue--
(1) to place a high priority on addressing the safety risks
posed to boaters by elevated levels of carbon monoxide that are
unique to watercraft; and
(2) to work with vessel and engine manufacturers, the
American Boat & Yacht Council, other Federal agencies, and the
entire boating community in order to determine the best ways to
adequately address this public safety issue and minimize the
number of tragic carbon monoxide-related boating deaths that
occur each year.
SEC. 621. SENSE OF CONGRESS REGARDING NAMING NEW VESSELS UNDER THE
DEEPWATER PROGRAM FOR CITIES OF THE UNITED STATES.
It is the sense of the Congress that the Coast Guard should
consider including in its naming protocols for new vessels constructed
under the Deepwater Program the names of cities of the United States
and its territories and possessions.
SEC. 622. PORT SECURITY GRANT AUTHORITY.
(a) In General.--Section 70107 of title 46, United States Code, is
amended--
(1) in subsection (a) by striking ``Secretary of
Transportation, acting through the Maritime Administrator,''
and inserting ``Secretary, acting through the Commandant of the
Coast Guard,'';
(2) by striking ``Secretary of Transportation'' each place
it appears and inserting ``Secretary, acting through the
Commandant of the Coast Guard,''; and
(3) by striking ``Department of Transportation'' each place
it appears and inserting ``department in which the Coast Guard
is operating''.
(b) Effective Date.--Subsection (a)--
(1) shall take effect October 1, 2004; and
(2) shall not affect any grant made before that date.
SEC. 623. SECURITY ASSESSMENT OF INDIAN POINT ENERGY CENTER.
Not later than one year after the date of the enactment of this
Act, the Secretary of the department in which the Coast Guard is
operating shall--
(1) conduct a vulnerability assessment under section
70102(b) of title 46, United States Code, of the navigable
waters adjacent to Indian Point Energy Center, located in
Westchester County, New York; and
(2) submit a report on that assessment to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science and
Transportation of the Senate.
SEC. 624. MITIGATION OF PENALTY DUE TO AVOIDANCE OF A CERTAIN HAZARDOUS
CONDITION.
(a) Treatment of Violation.--For purposes of any administrative
proceeding to consider mitigation of any civil penalty for a violation
described in subsection (b), such violation is deemed to have been
committed by reason of a safety concern.
(b) Violation Described.--A violation referred to in subsection (a)
is any violation of the Act of June 19, 1886 (chapter 421; 46 App.
U.S.C. 289), occurring before August 1, 2003, and consisting of
operation of a passenger vessel in transporting passengers--
(1) between the Port of New Orleans and another port on the
Gulf of Mexico at a time when the power lines across the
Mississippi River at Chalmette, Louisiana, are a hazard to the
safe return transport of passengers on that vessel to the Port
of New Orleans; or
(2) in repositioning the vessel to the Port of New Orleans
after that hazard is temporarily resolved.
SEC. 625. DESIGNATION OF EMPRESS OF THE NORTH AS A TOUR VESSEL.
Notwithstanding any other law, the passenger vessel EMPRESS OF THE
NORTH (United States official number 1140867) is deemed to be a tour
vessel for the purpose of the regulations promulgated by the Secretary
of the Interior under section 3(h) of Public Law 91-383 (16 U.S.C. 1a-
2(h)) and section 3 of the Act of August 25, 1916 (16 U.S.C. 3), with
respect to vessel operations in Glacier Bay National Park and Preserve,
Alaska.
SEC. 626. SENSE OF CONGRESS REGARDING TIMELY REVIEW AND ADJUSTMENT OF
GREAT LAKES PILOTAGE RATES.
It is the sense of the Congress that the Secretary of the
department in which the Coast Guard is operating should, on a timely
basis, review and adjust the rates payable under part 401 of title 46,
Code of Federal Regulations, for services performed by United States
registered pilots on the Great Lakes.
SEC. 627. PRIORITY FOR PUBLIC TRANSPORTATION SYSTEMS IN MAKING GRANTS
FOR IMPLEMENTATION OF SECURITY PLANS.
Section 70107(e) of title 46, United State Code, is amended by
adding at the end the following:
``(5) Priority for public transportation systems.--
``(A) Priority.--In making grants under subsection
(a) the Secretary of Transportation shall give priority
to otherwise eligible projects concerning
implementation of security plans with respect to public
transportation systems.
``(B) Regulations.--The Secretary shall issue
regulations establishing procedures and requirements
for awarding grants pursuant to the priority required
by this paragraph.''.
SEC. 628. LIMITATION ON BRIDGE ALTERATION PROJECTS.
The Coast Guard may conduct bridge alteration projects using
amounts authorized under section 101(1)(B)(iv) of this Act only to the
extent that the steel, iron, and manufactured products used in such
projects are produced in the United States, unless the Commandant of
the Coast Guard determines such action to be inconsistent with the
public interest or the cost unreasonable.
TITLE VII--AMENDMENTS RELATING TO OIL POLLUTION ACT OF 1990
SEC. 701. VESSEL RESPONSE PLANS FOR NONTANK VESSELS OVER 400 GROSS
TONS.
(a) Nontank Vessel Defined.--Section 311(j) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(j)) is amended by adding at the
end the following:
``(9) Nontank vessel defined.--In this subsection, the term
`nontank vessel' means a self-propelled vessel of 400 gross
tons (as measured under section 14502 of title 46, United
States Code, or an alternate tonnage measured under section
14302 of such title as prescribed by the Secretary under
section 14104 of such title) or greater, other than a tank
vessel, that 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.''.
(b) Amendments To Require Response Plans.--Section 311(j) of the
Federal Water Pollution Control Act (33 U.S.C. 1321(j)) is amended--
(1) in paragraph (5) in the heading by inserting ``,
nontank vessel,'' after ``vessel'';
(2) in paragraph 5(A) by inserting ``, nontank vessel,''
after ``vessel'';
(3) in paragraph (5)(B), in the matter preceding clause
(i), by inserting ``, nontank vessels,'' after ``vessels'';
(4) in paragraph (5)(B), by redesignating clauses (ii) and
(iii) as clauses (iii) and (iv), respectively, and by inserting
after clause (i) the following:
``(ii) A nontank vessel.'';
(5) in paragraph (5)(D)--
(A) by inserting ``, nontank vessel,'' after
``vessel'';
(B) by striking ``and'' after the semicolon at the
end of clause (iii);
(C) by striking the period at the end of clause
(iv) and inserting ``; and''; and
(D) by adding after clause (iv) the following:
``(v) for nontank vessels, consider any applicable
State-mandated response plan and ensure consistency to
the extent practicable.'';
(6) in paragraph (5)(E), in the matter preceding clause
(i), by inserting ``nontank vessel,'' after ``vessel,'';
(7) in paragraph (5)(E)(i) by inserting ``nontank vessel,''
, after ``vessel,'';
(8) in paragraph (5)(F) by striking ``tank vessel or'' and
inserting ``vessel or'';
(9) in paragraph (5)(G) by inserting ``nontank vessel,''
after ``vessel,'';
(10) in paragraph (5)(H) by inserting ``and nontank
vessel'' after ``each tank vessel'';
(11) in paragraph (6) in the matter preceding subparagraph
(A) by striking ``Not later than 2 years after the date of
enactment of this section, the President shall require--'' and
inserting ``The President may require--'';
(12) in paragraph (6)(B) by inserting ``, and nontank
vessels carrying oil of any kind as fuel for main propulsion,''
after ``cargo''; and
(13) in paragraph (7) by inserting ``, nontank vessel,''
after ``vessel''.
(c) Implementation Date.--The President shall not require the owner
or operator of a nontank vessel (as defined section 311(j)(9) of the
Federal Water Pollution Control Act (33 U.S.C. 1321(j)(9), as amended
by this section) to prepare and submit a vessel response plan for such
vessel before the end of the one-year period beginning on the date of
the enactment of this Act.
SEC. 702. 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) in subsection (a), by striking ``Not later than 1 year
after the date of the enactment of this Act, the Secretary
shall'' and inserting ``The Secretary may'';
(2) in subsection (b)--
(A) by striking ``Not later than 1 year after the
date of the enactment of this Act, the Secretary
shall'' and inserting ``No sooner than 1 year after the
Secretary prescribes regulations under subsection (a),
the Secretary may''; and
(B) by striking ``the standards'' and inserting
``any standards''.
SEC. 703. LIABILITY AND COST RECOVERY.
(a) Definition of Owner or Operator.--Section 1001(26) of the Oil
Pollution Act of 1990 (33 U.S.C. 2701(26)) is amended to read as
follows:
``(26) `owner or operator'--
``(A) means--
``(i) in the case of a vessel, any person
owning, operating, or chartering by demise, the
vessel;
``(ii) in the case of an onshore or
offshore facility, any person owning or
operating such facility;
``(iii) in the case of any abandoned
offshore facility, the person who owned or
operated such facility immediately prior to
such abandonment;
``(iv) in the case of any facility, title
or control of which was conveyed due to
bankruptcy, foreclosure, tax delinquency,
abandonment, or similar means to a unit of
State or local government, any person who
owned, operated, or otherwise controlled
activities at such facility immediately
beforehand;
``(v) notwithstanding subparagraph (B)(i),
any State or local government that has caused
or contributed to a discharge or substantial
threat of a discharge of oil from a vessel or
facility ownership or control of which was
acquired involuntarily through bankruptcy, tax
delinquency, abandonment, or other
circumstances in which the government
involuntarily acquires title by virtue of its
function as sovereign; and
``(vi) notwithstanding subparagraph
(B)(ii), a person that is a lender and that
holds indicia of ownership primarily to protect
a security interest in a vessel or facility if,
while the borrower is still in possession of
the vessel or facility encumbered by the
security interest, the person--
``(I) exercises decisionmaking
control over the environmental
compliance related to the vessel or
facility, such that the person has
undertaken responsibility for oil
handling or disposal practices related
to the vessel or facility; or
``(II) exercises control at a level
comparable to that of a manager of the
vessel or facility, such that the
person has assumed or manifested
responsibility--
``(aa) for the overall
management of the vessel or
facility encompassing day-to-
day decisionmaking with respect
to environmental compliance; or
``(bb) over all or
substantially all of the
operational functions (as
distinguished from financial or
administrative functions) of
the vessel or facility other
than the function of
environmental compliance; and
``(B) does not include--
``(i) a unit of State or local government
that acquired ownership or control of a vessel
or facility involuntarily through bankruptcy,
tax delinquency, abandonment, or other
circumstances in which the government
involuntarily acquires title by virtue of its
function as sovereign;
``(ii) a person that is a lender that does
not participate in management of a vessel or
facility, but holds indicia of ownership
primarily to protect the security interest of
the person in the vessel or facility; or
``(iii) a person that is a lender that did
not participate in management of a vessel or
facility prior to foreclosure, notwithstanding
that the person--
``(I) forecloses on the vessel or
facility; and
``(II) after foreclosure, sells,
re-leases (in the case of a lease
finance transaction), or liquidates the
vessel or facility, maintains business
activities, winds up operations,
undertakes a removal action under
311(c) of the Federal Water Pollution
Control Act (33 U.S.C. 311(c)) or under
the direction of an on-scene
coordinator appointed under the
National Contingency Plan, with respect
to the vessel or facility, or takes any
other measure to preserve, protect, or
prepare the vessel or facility prior to
sale or disposition,
if the person seeks to sell, re-lease (in the
case of a lease finance transaction), or
otherwise divest the person of the vessel or
facility at the earliest practicable,
commercially reasonable time, on commercially
reasonable terms, taking into account market
conditions and legal and regulatory
requirements;''.
(b) Other Definitions.--Section 1001 of the Oil Pollution Act of
1990 (33 U.S.C. 2701) is amended by striking ``and'' after the
semicolon at the end of paragraph (36), by striking the period at the
end of paragraph (37) and inserting a semicolon, and by adding at the
end the following:
``(38) `participate in management'--
``(A)(i) means actually participating in the
management or operational affairs of a vessel or
facility; and
``(ii) does not include merely having the capacity
to influence, or the unexercised right to control,
vessel or facility operations; and
``(B) does not include--
``(i) performing an act or failing to act
prior to the time at which a security interest
is created in a vessel or facility;
``(ii) holding a security interest or
abandoning or releasing a security interest;
``(iii) including in the terms of an
extension of credit, or in a contract or
security agreement relating to the extension, a
covenant, warranty, or other term or condition
that relates to environmental compliance;
``(iv) monitoring or enforcing the terms
and conditions of the extension of credit or
security interest;
``(v) monitoring or undertaking one or more
inspections of the vessel or facility;
``(vi) requiring a removal action or other
lawful means of addressing a discharge or
substantial threat of a discharge of oil in
connection with the vessel or facility prior
to, during, or on the expiration of the term of
the extension of credit;
``(vii) providing financial or other advice
or counseling in an effort to mitigate,
prevent, or cure default or diminution in the
value of the vessel or facility;
``(viii) restructuring, renegotiating, or
otherwise agreeing to alter the terms and
conditions of the extension of credit or
security interest, exercising forbearance;
``(ix) exercising other remedies that may
be available under applicable law for the
breach of a term or condition of the extension
of credit or security agreement; or
``(x) conducting a removal action under
311(c) of the Federal Water Pollution Control
Act (33 U.S.C. 1321(c)) or under the direction
of an on-scene coordinator appointed under the
National Contingency Plan,
if such actions do not rise to the level of
participating in management under subparagraph (A) of
this paragraph and paragraph (26)(A)(vi);
``(39) `extension of credit' has the meaning provided in
section 101(20)(G)(i) of the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (42 U.S.C.
9601(20)(G)(i));
``(40) `financial or administrative function' has the
meaning provided in section 101(20)(G)(ii) of the Comprehensive
Environmental Response, Compensation and Liability Act of 1980
(42 U.S.C. 9601(20)(G)(ii));
``(41) `foreclosure' and `foreclose' each has the meaning
provided in section 101(20)(G)(iii) of the Comprehensive
Environmental Response, Compensation and Liability Act of 1980
(42 U.S.C. 9601(20)(G)(iii));
``(42) `lender' has the meaning provided in section
101(20)(G)(iv) of the Comprehensive Environmental Response,
Compensation and Liability Act of 1980 (42 U.S.C.
9601(20)(G)(iv));
``(43) `operational function' has the meaning provided in
section 101(20)(G)(v) of the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (42 U.S.C.
9601(20)(G)(v)); and
``(44) `security interest' has the meaning provided in
section 101(20)(G)(vi) of the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 (42 U.S.C.
9601(20)(G)(vi)).''.
(c) Definition of Contractual Relationship.--Section 1003 of the
Oil Pollution Act of 1990 (33 U.S.C. 2703) is amended by adding at the
end the following:
``(d) Definition of Contractual Relationship.--
``(1) In general.--For purposes of subsection (a)(3) the
term `contractual relationship' includes, but is not limited
to, land contracts, deeds, easements, leases, or other
instruments transferring title or possession, unless--
``(A) the real property on which the facility
concerned is located was acquired by the responsible
party after the discharge of the oil on, in, or at the
facility;
``(B) one or more of the circumstances described in
subparagraph (A), (B), or (C) of paragraph (2) is
established by the responsible party by a preponderance
of the evidence; and
``(C) the responsible party complies with paragraph
(3).
``(2) required circumstance.--The circumstances referred to
in paragraph (1)(B) are the following:
``(A) At the time the responsible party acquired
the real property on which the facility is located the
responsible party did not know and had no reason to
know that oil that is the subject of the discharge or
substantial threat of discharge was located on, in, or
at the facility.
``(B) The responsible party is a government entity
that acquired the facility--
``(i) by escheat;
``(ii) through any other involuntary
transfer or acquisition; or
``(iii) through the exercise of eminent
domain authority by purchase or condemnation.
``(C) The responsible party acquired the facility
by inheritance or bequest.
``(3) Additional requirements.--For purposes of paragraph
(1)(C), the responsible party must establish by a preponderance
of the evidence that the responsible party--
``(A) has satisfied the requirements of section
1003(a)(3)(A) and (B);
``(B) has provided full cooperation, assistance,
and facility access to the persons that are authorized
to conduct removal actions, including the cooperation
and access necessary for the installation, integrity,
operation, and maintenance of any complete or partial
removal action;
``(C) is in compliance with any land use
restrictions established or relied on in connection
with the removal action; and
``(D) has not impeded the effectiveness or
integrity of any institutional control employed in
connection with the removal action.
``(4) Reason to know.--
``(A) Appropriate inquiries.--To establish that the
responsible party had no reason to know of the matter
described in paragraph (2)(A), the responsible party
must demonstrate that--
``(i) on or before the date on which the
responsible party acquired the real property on
which the facility is located, the responsible
party carried out all appropriate inquiries, as
provided in subparagraphs (B) and (D), into the
previous ownership and uses of the real
property on which the facility is located in
accordance with generally accepted good
commercial and customary standards and
practices; and
``(ii) the responsible party took
reasonable steps to--
``(I) stop any continuing
discharge;
``(II) prevent, minimize or
mitigate any substantial threat of
discharge; and
``(III) prevent or limit any human,
environmental, or natural resource
exposure to any previously discharged
oil.
``(B) Regulations establishing standards and
practices.--Not later than 2 years after the date of
the enactment of this paragraph, the Secretary, in
consultation with the Administrator of the
Environmental Protection Agency, shall by regulation
establish standards and practices for the purpose of
satisfying the requirement to carry out all appropriate
inquiries under subparagraph (A).
``(C) Criteria.--In promulgating regulations that
establish the standards and practices referred to in
subparagraph (B), the Secretary shall include in such
standards and practices provisions regarding each of
the following:
``(i) The results of an inquiry by an
environmental professional.
``(ii) Interviews with past and present
owners, operators, and occupants of the
facility and the real property on which the
facility is located for the purpose of
gathering information regarding the potential
for contamination at the facility and on the
real property on which the facility is located.
``(iii) Reviews of historical sources,
including, to the extent available, chain of
title documents, aerial photographs, building
department records, and land use records, to
determine previous uses and occupancies of the
real property on which the facility is located
since the property was first developed.
``(iv) Searches for recorded environmental
cleanup liens against the facility and the real
property on which the facility is located that
are filed under Federal, State, or local law.
``(v) Reviews of Federal, State, and local
government records, waste disposal records,
underground storage tank records, and waste
handling, generation, treatment, disposal, and
spill records, concerning contamination at or
near the facility and on the real property on
which the facility is located.
``(vi) Visual inspections of the facility,
the real property on which the facility is
located, and adjoining properties.
``(vii) Specialized knowledge or experience
on the part of the responsible party.
``(viii) The relationship of the purchase
price to the value of the facility and the real
property on which the facility is located, if
the facility or the real property was not
contaminated.
``(ix) Commonly known or reasonably
ascertainable information about the facility
and the real property on which the facility is
located.
``(x) The degree of obviousness of the
presence or likely presence of contamination at
the facility and on the real property on which
the facility is located, and the ability to
detect contamination by appropriate
investigation.
``(D) Interim standards and practices.--
``(i) Real property purchased before may
31, 1997.--With respect to real property
purchased before May 31, 1997, in making a
determination with respect to a responsible
party described in subparagraph (A), a court or
appropriate official shall take into account--
``(I) any specialized knowledge or
experience on the part of the
responsible party;
``(II) the relationship of the
purchase price to the value of the
facility and the real property on which
the facility is located, if the
facility or the real property was not
contaminated;
``(III) commonly known or
reasonably ascertainable information
about the facility and the real
property on which the facility is
located;
``(IV) the obviousness of the
presence or likely presence of
contamination at the facility and on
the real property on which the facility
is located; and
``(V) the ability of the
responsible party to detect
contamination by appropriate
inspection.
``(ii) Real property purchased on or after
may 31, 1997.--With respect to real property
purchased on or after May 31, 1997, until the
Secretary promulgates the regulations described
in clause (ii), the procedures of the American
Society for Testing and Materials, including
the document known as `Standard E1527-97',
entitled `Standard Practice for Environmental
Site Assessment: Phase I Environmental Site
Assessment Process', shall satisfy the
requirements in subparagraph (A).
``(E) Site inspection and title search.--In the
case of real property for residential use or other
similar use purchased by a nongovernmental or
noncommercial entity, inspection and title search of
the facility and the real property on which the
facility is located that reveal no basis for further
investigation shall be considered to satisfy the
requirements of this paragraph.
``(5) Previous owner or operator.--Nothing in this
paragraph or in section 1003(a)(3) shall diminish the liability
of any previous owner or operator of such facility who would
otherwise be liable under this Act. Notwithstanding this
paragraph, if a responsible party obtained actual knowledge of
the discharge or substantial threat of discharge of oil at such
facility when the responsible party owned the facility and then
subsequently transferred ownership of the facility or the real
property on which the facility is located to another person
without disclosing such knowledge, the responsible party shall
be treated as liable under 1002(a) and no defense under section
1003(a) shall be available to such responsible party.
``(6) Limitation on defense.--Nothing in this paragraph
shall affect the liability under this Act of a responsible
party who, by any act or omission, caused or contributed to the
discharge or substantial threat of discharge of oil which is
the subject of the action relating to the facility.''.
SEC. 704. OIL SPILL RECOVERY INSTITUTE.
(a) Termination of Funding for Institute.--Section 5001(i) of the
Oil Pollution Act of 1990 (33 U.S.C. 2731(i)) is amended by striking
``September 30, 2012'' and inserting ``one year after the Secretary of
the department in which the Coast Guard is operating, in consultation
with the Secretary of the Interior, determines that oil and gas
exploration, development, and production in Alaska have ceased''.
(b) Use of Funding for Section 1012 of OPA.--Subsection (c) of
section 5006 of the Oil Pollution Act of 1990, as added by section
1102(b)(4) of Public Law 104-324 (110 Stat. 3965; 33 U.S.C. 2736(c)),
is amended by striking ``with the eleventh year following the date of
enactment of the Coast Guard Authorization Act of 1996,'' and inserting
``one year after the Secretary of the department in which the Coast
Guard is operating, in consultation with the Secretary of the Interior,
determines that oil and gas exploration, development, and production in
Alaska have ceased,''.
SEC. 705. ALTERNATIVES.
Section 4115(e)(3) of the Oil Pollution Act of 1990 (46 U.S.C.
3703a note) is amended to read as follows:
``(3) No later than one year after the date of enactment of
the Coast Guard and Maritime Transportation Act of 2003, the
Secretary shall, taking into account the recommendations
contained in the report by the Marine Board of the National
Research Council entitled `Environmental Performance of Tanker
Design in Collision and Grounding' and dated 2001, establish
and publish an environmental equivalency evaluation index
(including the methodology to develop that index) to assess
overall outflow performance due to collisions and groundings
for double hull tank vessels and alternative hull designs.''.
Passed the House of Representatives November 5, 2003.
Attest:
JEFF TRANDAHL,
Clerk.