[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 733 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 733
To authorize appropriations for fiscal year 2004 for the United States
Coast Guard, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 27, 2003
Ms. Snowe introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2004 for the United States
Coast Guard, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coast Guard Authorization Act of
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 PERSONNEL, FINANCIAL, AND PROPERTY MANAGEMENT
Sec. 201. Enlisted member critical skill training bonus.
Sec. 202. Amend limits to the number and distribution of
officers.
Sec. 203. Expansion of Coast Guard housing authorities.
Sec. 204. Property owned by auxiliary units and dedicated
solely for auxiliary use.
Sec. 205. Coast Guard auxiliary units as instrumentalities of
the United States for taxation purposes.
TITLE III--LAW ENFORCEMENT, MARINE SAFETY, AND ENVIRONMENTAL PROTECTION
Sec. 301. Marking of underwater wrecks.
Sec. 302. Ports and waterways partnerships/cooperative
ventures.
Sec. 303. Reports from charterers.
Sec. 304. Revision of temporary suspension criteria in
suspension and revocation cases.
Sec. 305. Revision of bases for suspension and revocation
cases.
Sec. 306. Removal of mandatory revocation for proved drug
convictions in suspension and revocation
cases.
Sec. 307. Records of merchant mariner's documents.
Sec. 308. Exemption of unmanned barges from certain citizenship
requirements.
Sec. 309. Increase in civil penalties for violations of certain
bridge statutes.
Sec. 310. Civil penalties for failure to comply with
recreational vessel and associated
equipment safety standards.
Sec. 311. Oil spill liability trust fund; emergency fund.
Sec. 312. Law enforcement powers.
Sec. 313. Correction to definition of Federal law enforcement
agencies in the Enhanced Border Security
and Visa Entry Reform Act of 2002.
TITLE IV--MISCELLANEOUS
Sec. 401. Conveyance of lighthouses.
Sec. 402. Loran-C.
TITLE I--AUTHORIZATION
SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2004.
There are authorized to be appropriated for necessary expenses of
the Coast Guard for fiscal year 2004 the following amounts:
(1) For the operation and maintenance of the Coast Guard,
$4,729,000,000, of which $25,000,000 shall be derived from the
Oil Spill Liability Trust Fund.
(2) For the acquisition, construction, rebuilding, and
improvement of aids to navigation, shore and offshore
facilities, vessels, and aircraft, including equipment related
thereto, $775,000,000 to remain available until expended, of
which $20,000,000 shall be derived from the Oil Spill Liability
Trust Fund to carry out the purposes of section 1012(a)(5) of
the Oil Pollution Act of 1990.
(3) For research, development, test, and evaluation of
technologies, materials, and human factors directly relating to
improving the performance of the Coast Guard's mission in
support of search and rescue, aids to navigation, marine
safety, marine environmental protection, enforcement of laws
and treaties, ice operations, oceanographic research, and
defense readiness, $22,000,000, to remain available until
expended, of which $3,500,000 shall be derived from the Oil
Spill Liability Trust Fund.
(4) For retired pay (including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose), payments under the Retired Serviceman's Family
Protection and Survivor Benefit Plans, and payments for medical
care of retired personnel and their dependents under chapter 55
of title 10, United States Code, $1,020,000,000, to remain
available until expended.
(5) For environmental compliance and restoration at Coast
Guard facilities (other than parts and equipment associated
with operations and maintenance), $17,000,000, to remain
available until expended.
(6) For alteration or removal of bridges over navigable
waters of the United States constituting obstructions to
navigation, and for personnel and administrative costs
associated with the Bridge Alteration Program--
(A) $16,000,000, to remain available until
expended; and
(B) $2,000,000, to remain available until expended,
which may be utilized for construction of a new Chelsea
Street Bridge over the Chelsea River in Boston,
Massachusetts.
SEC. 102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND TRAINING.
(a) End-of-Year Strength for Fiscal Year 2004.--The Coast Guard is
authorized an end-of-year strength of active duty personnel of 45,500
as of September 30, 2004.
(b) Training Student Loads for Fiscal Year 2004.--For fiscal year
2004, the Coast Guard is authorized average military training student
loads as follows:
(1) For recruit and special training, 2,250 student years.
(2) For flight training, 125 student years.
(3) For professional training in military and civilian
institutions, 300 student years.
(4) For officer acquisition, 1,150 student years.
TITLE II--COAST GUARD PERSONNEL, FINANCIAL, AND PROPERTY MANAGEMENT
SEC. 201. ENLISTED MEMBER CRITICAL SKILL TRAINING BONUS.
(a) In General.--Chapter 11 of title 14, United States Code, is
amended by adding at the end the following:
``Sec. 374. Critical skill training bonus
``(a) The Secretary may provide a bonus, not to exceed $20,000, to
enlisted members who complete training in a skill designated as
critical, provided at least four years of obligated active service
remain on the member's enlistment at the time the training is
completed. A bonus under this section may be paid in a single lump sum
or in periodic installments.
``(b) If an enlisted member voluntarily or because of misconduct
does not complete his or her term of obligated active service, the
Secretary may require the member to repay the United States, on a pro
rata basis, all sums paid under this section. The Secretary shall
charge interest on the reimbursed amount at a rate, to be determined
quarterly, equal to 150 percent of the average of the yields on the 91-
day Treasury bills auctioned during the preceding calendar quarter.''.
(b) Conforming Amendment.--The chapter analysis for chapter 11 of
title 14, United States Code, is amended by inserting after the item
relating to section 373 the following:
``374. Critical skill training bonus.''.
SEC. 202. AMEND LIMITS TO THE NUMBER OF COMMANDERS AND LIEUTENANT
COMMANDERS.
Section 42 of title 14, United States Code, is amended--
(1) by striking ``The'' in subsection (a) and inserting
``Except in time of war or national emergency declared by
Congress or the President, the'';
(2) by striking ``6,200.'' in subsection (a) and inserting
``7,100. In time of war or national emergency, the Secretary
shall establish the total number of commissioned officers,
excluding commissioned warrant officers, on active duty in the
Coast Guard.''; and
(3) by striking ``commander 12.0; lieutenant commander
18.0.'' in subsection (b) and inserting ``commander 15.0;
lieutenant commander 22.0.''.
SEC. 203. EXPANSION OF COAST GUARD HOUSING AUTHORITIES.
(a) Definitions.--Section 680 of title 14, United States Code, is
amended by adding at the end the following:
``(5) The term `eligible entity' means any private person,
corporation, firm, partnership, company, State or local
government, or housing authority of a State or local
government.''.
(b) Direct Loans and Loan Guarantees.--Section 682 of title 14,
United States Code, is amended--
(1) by striking the section heading and inserting the
following:
``Sec. Direct loans and loan guarantees'';
(2) by redesignating subsections (a) and (b) as subsections
(b) and (c), respectively;
(3) by inserting before subsection (b), as redesignated,
the following:
``(a) Direct Loans.--
``(1) Subject to subsection (c), the Secretary may make
direct loans to an eligible entity in order to provide funds to
the eligible entity for the acquisition or construction of
housing units that the Secretary determines are suitable for
use as military family housing or as military unaccompanied
housing.
``(2) The Secretary shall establish such terms and
conditions with respect to loans made under this subsection as
the Secretary considers appropriate to protect the interests of
the United States, including the period and frequency for
repayment of such loans and the obligations of the obligors on
such loans upon default.'';
(4) by striking ``subsection (b),'' in subsection (b), as
redesignated, and inserting ``subsection (c),''; and
(5) by striking the subsection heading for subsection (c),
as redesignated, and inserting ``(c) Direct loans and loan
guarantees.--''.
(c) Conforming Amendment.--The chapter analysis for chapter 17 of
title 14, United States Code, is amended by striking the item related
to section 682 and inserting the following:
``682. Direct loans and loan guarantees.''.
SEC. 204. PROPERTY OWNED BY AUXILIARY UNITS AND DEDICATED SOLELY FOR
AUXILIARY USE.
Section 821 of title 14, United States Code, is amended by adding
at the end the following:
``(d) Subject to the approval of the Commandant:
``(1) The Coast Guard Auxiliary and each organizational
element and unit (whether or not incorporated), shall have the
power to acquire, own, hold, lease, encumber, mortgage,
transfer, and dispose of personal property for the purposes set
forth in section 822. Personal property owned by the Auxiliary
or an Auxiliary unit, or any element thereof, whether or not
incorporated, shall at all times be deemed to be property of
the United States for the purposes of the statutes described in
paragraphs (1) through (6) of subsection (b) while such
property is being used by or made exclusively available to the
Auxiliary as provided in section 822.
``(2) Personal property owned by the Auxiliary or an
Auxiliary unit or any element or unit thereof, shall not be
considered property of the United States for any other purpose
or under any other provision of law except as provided in
sections 821 through 832 and section 641 of this title. The
necessary expenses of operation, maintenance and repair
or replacement of such property may be reimbursed using appropriated
funds.
``(3) For purposes of this subsection, personal property
includes, but is not limited to, motor boats, yachts, aircraft,
radio stations, motorized vehicles, trailers, or other
equipment.''.
SEC. 205. COAST GUARD AUXILIARY UNITS AS INSTRUMENTALITIES OF THE
UNITED STATES FOR TAXATION PURPOSES.
Section 821(a) of title 14, United States Code, is amended by
inserting ``The Auxiliary and each organizational element and unit
shall be deemed to be instrumentalities and political subdivisions of
the United States for taxation purposes and for those exemptions as
provided under section 107 of title 4, United States Code.'' after the
second sentence.
TITLE III--LAW ENFORCEMENT, MARINE SAFETY, AND ENVIRONMENTAL PROTECTION
SEC. 301. MARKING OF UNDERWATER WRECKS.
Section 15 of the Act of March 3, 1899 (30 Stat. 1152; 33 U.S.C.
409), is amended--
(1) by striking ``day and a lighted lantern'' in the second
sentence inserting ``day and, unless otherwise granted a waiver
by the Commandant of the Coast Guard, a light''; and
(2) by adding at the end ``The Commandant of the Coast
Guard may waive the requirement to mark a wrecked vessel, raft,
or other craft with a light at night if the Commandant
determines that placing a light would be impractical and
granting such a waiver would not create an undue hazard to
navigation.''.
SEC. 302. PORTS AND WATERWAYS PARTNERSHIPS; COOPERATIVE VENTURES.
Section 4 of the Ports and Waterways Safety Act (33 U.S.C. 1223),
is amended--
(1) by striking ``and'' after the semicolon in subsection
(a)(4)(D);
(2) by striking ``environment.'' in subsection (a)(5) and
inserting ``environment;'';
(3) by adding at the end of subsection (a) the following:
``(6) may carry out the functions under paragraph (1) of
this subsection, at the Secretary's discretion and on such
terms and conditions as the Secretary deems appropriate, either
solely, or in cooperation with a public or private agency,
authority, association, institution, corporation, organization,
or persons, except that a non-governmental entity may not carry
out an inherently governmental function; and
``(7) may, for the purpose of carrying out the Secretary's
functions under paragraph (1) of this subsection, convey or
lease real property under the administrative control of the
Coast Guard to public or private agencies, authorities,
associations, institutions, corporations, organizations, or
persons for such consideration and upon such terms and
conditions as the Secretary considers appropriate, except that
the term of any such lease shall not exceed 20 years.''; and
(4) by adding at the end the following:
``(e) Special Provisions Relating to Subsection (a)(6) and (7).--
``(1) Definition of inherently governmental function.--For
purposes of subsection (a)(6), the term `inherently
governmental function' means any activity that is so intimately
related to the public interest as to mandate performance by an
officer or employee of the Federal Government, including an
activity that requires either the exercise of discretion in
applying the authority of the Government or the use of judgment
in making a decision for the Government).
``(2) Disposition of proceeds from conveyances and
leases.--Amounts collected under subsection (a)(7) shall be
credited to a special fund in the Treasury and ascribed to the
Coast Guard. The amounts collected shall be available to the
Coast Guard's `Operating Expenses' account without further
appropriation and without fiscal year limitation, and the
amounts appropriated from the general fund for that account
shall be reduced by the amounts so collected.
``(3) Nonapplication of certain acts.--A conveyance or
lease of real property under subsection (a)(7) is not subject
to the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 471 et seq.), section 321 of the Act of June 30,
1932 (47 Stat. 412; 40 U.S.C. 303b), or the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11301 et seq.).''.
SEC. 303. REPORTS FROM CHARTERERS.
Section 12120 of title 46, United States Code, is amended by
striking ``owners and masters'' and inserting ``owners, masters, and
charterers''.
SEC. 304. REVISION OF TEMPORARY SUSPENSION CRITERIA IN SUSPENSION AND
REVOCATION CASES.
Section 7702(d)(1) of title 46, United States Code, is amended--
(1) by striking ``if, when acting under the authority of
that license, certificate, or document--'' and inserting ``if--
'';
(2) by striking ``has'' in subparagraph (B)(i) and
inserting ``has, while acting under the authority of that
license, certificate, or document,'';
(3) by striking ``or'' at the end of subparagraph (B)(ii);
(4) by striking ``1982.'' in subparagraph (B)(iii) and
inserting ``1982; or''; and
(5) by adding at the end of subparagraph (B) the following:
``(iv) is a threat to the safety or security of a
vessel or a public or commercial structure located
within or adjacent to the marine environment.''.
SEC. 305. REVISION OF BASES FOR SUSPENSION & REVOCATION CASES.
Section 7703 of title 46, United States Code, is amended--
(1) by striking ``incompetence'' in paragraph (1)(B);
(2) by striking ``or'' after the semicolon in paragraph
(2);
(3) by striking ``1982.'' in paragraph (3) and inserting
``1982;''; 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 public or commercial structure located within or adjacent to
the marine environment.''.
SEC. 306. REMOVAL OF MANDATORY REVOCATION FOR PROVED DRUG CONVICTIONS
IN SUSPENSION & REVOCATION CASES.
Section 7704(b) of title 46, United States Code, is amended by
inserting ``suspended or'' after ``shall be''.
SEC. 307. RECORDS OF MERCHANT MARINERS' DOCUMENTS.
Section 7319 of title 46, United States Code, is amended by
striking the second sentence.
SEC. 308. EXEMPTION OF UNMANNED BARGES FROM CERTAIN CITIZENSHIP
REQUIREMENTS.
(a) Section 12110(d) of title 46, United States Code, is amended by
inserting ``or an unmanned barge operating outside of the territorial
waters of the United States,'' after ``recreational endorsement,''.
(b) Section 12122(b)(6) of title 46, United States Code, is amended
by inserting ``or an unmanned barge operating outside of the
territorial waters of the United States,'' after ``recreational
endorsement,''.
SEC. 309. INCREASE IN CIVIL PENALTIES FOR VIOLATIONS OF CERTAIN BRIDGE
STATUTES.
(a) Section 5(b) of the Bridge Act of 1906 (33 U.S.C. 495) is
amended by striking ``$1,000.'' and inserting ``$25,000.''.
(b) Section 5(c) of the Act entitled ``An Act making appropriations
for the construction, repair, and preservation of certain public works
on rivers and harbors, and for other purposes'', approved August 18,
1894 (33 U.S.C. 499), is amended by striking ``$1,000.'' and inserting
``$25,000.''.
(c) Section 18(c) of the Act entitled ``An Act making
appropriations for the construction, repair, and preservation of
certain public works on rivers and harbors, and for other purposes'',
enacted March 3, 1899 (33 U.S.C. 502), is amended by striking
``$1,000.'' and inserting ``$25,000.''.
(d) Section 510(b) of the General Bridge Act of 1946 (33 U.S.C.
533) is amended by striking ``$1,000.'' and inserting ``25,000.''.
SEC. 310. CIVIL PENALTIES FOR FAILURE TO COMPLY WITH RECREATIONAL
VESSEL AND ASSOCIATED EQUIPMENT SAFETY STANDARDS.
Section 4311 of title 46, United States Code, is amended--
(1) by striking the first sentence of subsection (b) and
inserting ``(1) A person violating section 4307(a) of this
title is liable to the United States Government for a civil
penalty of not more than $5,000, except that the maximum civil
penalty may be not more than $250,000 for a related series of
violations.'';
(2) by striking ``4307(a)(1),'' in the second sentence of
subsection (b) and inserting ``4307(a),'':
(3) by redesignating paragraphs (1) and (2) of subsection
(b) as subparagraphs (A) and (B), respectively;
(4) by adding at the end of subsection (b) the following:
``(2) Any person, including, a director, officer, or executive
employee of a corporation, who knowingly and willfully violates section
4307(a) of this title, shall be fined not more than $10,000, imprisoned
for not more than one year, or both.''; and
(5) by striking ``$1,000.'' in subsection (c) and inserting
``$5,000.''.
SEC. 311. OIL SPILL LIABILITY TRUST FUND; EMERGENCY FUND.
Section 6002(b) of the Oil Pollution Act of 1990 (33 U.S.C.
2752(b)) is amended by striking ``$50,000,000'' and inserting
``$150,000,000''.
SEC. 312. LAW ENFORCEMENT POWERS.
(a) In General.--Chapter 5 of title 14, United States Code, is
amended by inserting after section 95 the following:
``Sec. 95a. Law enforcement powers
``(a) In General.--Subject to guidelines approved by the Secretary
and the Attorney General, members of the Coast Guard may, in the
performance of official duties--
``(1) carry firearms;
``(2) make arrests without warrant for any offense against
the United States committed in their presence, or for any
felony cognizable under the laws of the United States if they
have reasonable grounds to believe that the person to be
arrested has committed or is committing such felony; and
``(3) seize property as provided by law.
``(b) Application With Other Authority.--The provisions of this
section are in addition to any powers conferred by law upon such
officers, and not in limitation of any powers conferred by law upon
such officers, or any other officers of the United States.''.
(b) Conforming Amendment.--The chapter analysis for chapter 5 of
title 14, United States Code, is amended by inserting after the item
relating to section 95 the following:
``95a. Law enforcement powers.''.
SEC. 313. CORRECTION TO DEFINITION OF FEDERAL LAW ENFORCEMENT AGENCIES
IN THE ENHANCED BORDER SECURITY AND VISA ENTRY REFORM ACT
OF 2002.
Paragraph (4) of section 2 of the Enhanced Border Security and Visa
Entry Reform Act of 2002, Public Law 107-173, is amended by striking
subparagraph (G) and inserting the following:
``(G) The United States Coast Guard.''.
TITLE IV--MISCELLANEOUS
SEC. 401. CONVEYANCE OF LIGHTHOUSES.
Section 308(c) of the National Historic Lighthouse Preservation Act
of 2000 (16 U.S.C. 470w-7(c)) is amended by adding at the end the
following:
``(4) Lighthouses originally conveyed under other authority.--Upon
receiving notice of an executed or intended conveyance by sale, gift,
or any other manner of a lighthouse conveyed under authority other than
this Act, the Secretary shall review the executed or proposed
conveyance to ensure that any new owner will comply with any and all
conditions of the original conveyance. If the Secretary determines that
the new owner has not or is unable to comply with those conditions the
Secretary shall immediately invoke any reversionary interest or take
such other action as may be necessary to protect the interests of the
United States.''.
SEC. 402. LORAN-C.
There are authorized to be appropriated to the Department of
Transportation, in addition to funds authorized for the Coast Guard for
operation of the Loran-C system, for capital expenses related to Loran-
C navigation infrastructure, $25,000,000 for fiscal year 2004. The
Secretary of Transportation may transfer from the Federal Aviation
Administration and other agencies of the Department funds appropriated
as authorized under this section in order to reimburse the Coast Guard
for related expenses.
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