[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2443 Reported in House (RH)]
Union Calendar No. 127
108th CONGRESS
1st Session
H. R. 2443
[Report No. 108-233]
To authorize appropriations for the Coast Guard for fiscal year 2004,
to amend various laws administered by the Coast Guard, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 12, 2003
Mr. Young of Alaska (for himself, Mr. LoBiondo, Mr. Oberstar, and Mr.
Filner) introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
July 24, 2003
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on June
12, 2003]
_______________________________________________________________________
A BILL
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. Enhancement of Coast Guard authority to stop 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.
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. Administrative, collection, and enforcement costs for certain
fees and charges.
Sec. 406. Compliance with International Safety Management Code.
Sec. 407. Civil penalties for failure to comply with recreational
vessel and associated equipment safety
standards.
Sec. 408. Revision of temporary suspension criteria in document
suspension and revocation cases.
Sec. 409. Revision of bases for document suspension and revocation
cases.
Sec. 410. Hours of service on towing vessels.
Sec. 411. Automatic identification system electronic charts.
Sec. 412. Prevention of departure.
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 Cutter SUNDEW.
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. Dredging study.
Sec. 610. Report regarding security inspection of vessels and vessel-
borne cargo containers entering the United
States.
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.
TITLE I--AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) Operations and Capital Acquisitions.--
(1) In general.--Funds are authorized to be appropriated
for fiscal year 2004 for necessary expenses of the Coast Guard
as follows:
(A) Operating expenses.--For the operating expenses
of the Coast Guard, $4,996,000,000, of which--
(i) $4,979,000,000 is for operation and
maintenance of the Coast Guard; and
(ii) $17,000,000 is for environmental
compliance and restoration at Coast Guard
facilities (other than parts and equipment
associated with operations and maintenance).
(B) Capital acquisitions.--For the capital
acquisitions of the Coast Guard, $1,097,000,000, of
which--
(i) $355,000,000 is for acquisition,
construction, rebuilding, and improvement of
aids to navigation, shore and offshore
facilities, vessels, and aircraft, including
equipment related thereto;
(ii) $702,000,000 is for acquisition and
construction of shore and offshore facilities,
vessels, and aircraft, including equipment
related thereto, and other activities that
constitute the Integrated Deepwater Systems
program;
(iii) $22,000,000 is for research,
development, test, and evaluation of
technologies, materials, and human factors
directly relating to improving the performance
of the Coast Guard's mission in support of
search and rescue, aids to navigation, marine safety, marine
environmental protection, enforcement of laws and treaties, ice
operations, oceanographic research, and defense readiness; and
(iv) $18,000,000 is for the 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.
(2) Source of funds.--
(A) Operating expenses.--Of the amount authorized
in paragraph (1)(A), $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.
(B) Capital acquisitions.--Of the amounts
authorized by paragraph (1)(B)--
(i) $20,000,000 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; and
(ii) $3,500,000 is authorized to be derived
each fiscal year from the Oil Spill Liability
Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990.
(b) Retired Pay.--There is authorized to be appropriated for Coast
Guard retired pay (including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose), payments with
respect to the Coast Guard under the Retired Serviceman's Family
Protection and Survivor Benefit Plans, and payments for medical care of
retired Coast Guard personnel and their dependents under chapter 55 of
title 10, United States Code, $1,020,000,000.
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. ENHANCEMENT OF COAST GUARD AUTHORITY TO STOP 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 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.
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, 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--
(1) in subsection (a), by striking ``sixty-two'' and
inserting ``60''; and
(2) in subsection (c), by striking ``sixty-two'' and
inserting ``60''.
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.
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. ADMINISTRATIVE, COLLECTION, AND ENFORCEMENT COSTS FOR CERTAIN
FEES AND CHARGES.
Section 2110(d) of title 46, United States Code, is amended--
(1) by inserting ``(A)'' after ``(2)''; and
(2) by adding at the end the following:
``(B) For purposes of subparagraph (A), costs of collecting the fee
or charge include the reasonable administrative, accounting, personnel,
contract, equipment, supply, training, and travel expenses of
calculating, assessing, collecting, enforcing, reviewing, adjusting,
and reporting on the fees and charges.''.
SEC. 406. 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. 407. 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. 408. 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. 409. 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. 410. 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. 411. 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. 412. 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''.
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 CUTTER SUNDEW.
(a) In General.--Upon the scheduled decommissioning of the Coast
Guard Cutter SUNDEW, the Commandant of the Coast Guard shall convey all
right, title, and interest of the United States in and to that vessel
to Duluth Entertainment and Convention Center Authority (a nonprofit
corporation under the laws of the State of Minnesota; in this section
referred to as the ``recipient''), located in Duluth, Minnesota,
without consideration, if--
(1) the recipient agrees--
(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 the use by the Government under subparagraph (C);
(2) the recipient has funds available that will be
committed to operate and maintain the vessel conveyed in good
working condition, in the form of cash, liquid assets, or a
written loan commitment, and in an amount of at least $700,000;
and
(3) the recipient agrees to any other conditions the
Commandant considers appropriate.
(b) Maintenance and Delivery of Vessel.--Prior to conveyance of the
vessel under this section, the Commandant shall, to the extent
practical, and subject to other Coast Guard mission requirements, make
every effort to maintain the integrity of the vessel and its equipment
until the time of delivery. If a conveyance is made under this section,
the Commandant shall deliver the vessel at the place where the vessel
is located, in its present condition, and without cost to the
Government. The conveyance of the vessel under this section shall not
be considered a distribution in commerce for purposes of section 6(e)
of Public Law 94-469 (15 U.S.C. 2605(e)).
(c) Other Excess Equipment.--The Commandant may convey to the
recipient any excess equipment or parts from other decommissioned Coast
Guard vessels for use to enhance the vessel's operability and function
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 RAINER who died in the performance of a nautical
charting mission off the coast of Alaska.
(b) Cove Described.--The cove referred to in subsection (a) is--
(1) adjacent to and southeast of Point Elrington, Alaska,
and forms a portion of the southern coast of Elrington Island;
(2) \3/4\ mile across the mouth;
(3) centered at 59 degrees 56.1 minutes North, 148 degrees
14 minutes West; and
(4) 45 miles from Seaward, Alaska.
(c) References.--Any reference in any law, regulation, document,
record, map, or other paper of the United States to the cove described
in subsection (b) is deemed to be a reference to Koss Cove.
SEC. 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. DREDGING STUDY.
(a) Study.--The Director of the Congressional Budget Office shall
study and report to the Committee on Transportation and Infrastructure
of the House of Representatives on the impacts of chartering by foreign
citizens of dredges documented under the laws of the United States,
on--
(1) the structure, conduct, and performance, of the United
States dredging market; and
(2) costs paid by Federal agencies for dredging projects.
(b) Foreign Citizen Defined.--In subsection (a), the term ``foreign
citizen'' means any corporation, partnership, or association that does
not qualify as a citizen of the United States under section 2 of the
Shipping Act of 1916 (46 APP. U.S.C. 802).
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.
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;
``(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 placed 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 discharged oil.
``(B) Regulations establishing standards and
practices.--Not later than 2 years after the date of
the enactment of this paragraph, the Secretary 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 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 oil 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 oil at 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
oil was not at the facility or on the real
property.
``(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 oil at the
facility and on the real property on which the
facility is located, and the ability to detect
the oil 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 oil was not
at the facility or on the real
property;
``(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 oil at
the facility and on the real property
on which the facility is located; and
``(V) the ability of the
responsible party to detect the oil 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.''.
Union Calendar No. 127
108th CONGRESS
1st Session
H. R. 2443
[Report No. 108-233]
_______________________________________________________________________
A BILL
To authorize appropriations for the Coast Guard for fiscal year 2004,
to amend various laws administered by the Coast Guard, and for other
purposes.
_______________________________________________________________________
July 24, 2003
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed