[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.
                                 <all>