[Congressional Record Volume 149, Number 50 (Thursday, March 27, 2003)]
[Senate]
[Pages S4522-S4526]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. SNOWE:
  S. 733. A bill to authorize appropriations for fiscal year 2004 for 
the United States Coast Guard, and for other purposes; to the Committee 
on Commerce, Science, and Transportation.
  Ms. SNOWE. Mr. President, today I am pleased to introduce the Coast 
Guard Authorization Act of 2003.
  The Coast Guard serves as the guardian of our maritime homeland 
security and provides many critical services for our Nation. Last year 
alone, the Coast Guard responded to over 39,000 calls for assistance, 
assisted $1.5 billion in property, and saved 3,653 lives. These brave 
men and women risk their lives to defend our borders from drugs, 
illegal immigrants, act of terror, and other national security threats. 
In 2002, the Coast Guard seized 117,780 pounds of cocaine and 40,316 
pounds of marijuana preventing them from reaching our streets and 
playgrounds. They also stopped over 5,100 illegal migrants from 
reaching our shores. They conducted patrols to protect our vital 
fisheries stocks and they responded to over 12,000 pollution incidents.
  In the wake of September 11, the men and women of the Coast Guard 
have been working harder than ever in the service's largest peace-time 
port security operation since World War II. This rapid escalation of 
the Coast Guard's homeland security mission continues today. Last year 
alone, the Coast Guard aggressively defended our homeland by conducting 
more than 36,000 port security patrols, boarded over 10,000 vessels, 
escorted over 6,000 vessels, and maintained more than 115 security 
zones. While our new reality requires the Coast Guard to maintain a 
robust homeland security posture, these new priorities must not 
diminish the Coast Guard's focus on its traditional missions such as 
marine safety, search and rescue, aids to navigation, fisheries law 
enforcement, and marine environmental protection.
  And recently we have asked even more of the Coast Guard. Last 
November we passed the Homeland Security Act of 2002 which recently 
transferred the Coast Guard from the Department of Transportation to 
the new Department of Homeland Security. This historic law positions 
the Coast Guard as a cornerstone of the new Department, but also 
recognizes that the Coast Guard is responsible for many other missions 
on which Americans depend.
  First and foremost, it ensures that the Coast Guard will remain a 
distinct entity and continue in its role as one of the five Armed 
Services. The Coast Guard plays a unique role in our government, by 
serving both an armed service as well as a law enforcement agency and 
this must not be changed or altered. It also contains language which 
maintains the primacy of the Coast Guard's diverse missions, prevents 
the Secretary of this new department from making substantial or 
significant changes to the Coast Guard's non-homeland security 
missions, and prohibits the new department from

[[Page S4523]]

transferring any Coast Guard personnel or assets to another agency 
except for personnel details and assignment that do not reduce the 
Service's capability to perform its non-homeland security missions.
  By introducing the Coast Guard Authorization bill today, I intend to 
continue giving the Coast Guard my full support, and I hope my 
colleagues will work with me to provide the Coast Guard with the 
resources that it needs to carry out its many critically important 
missions. Unfortunately Coast Guard's rapid operational escalation has 
come on the backs of its 38,000 men and women who faithfully serve our 
country. I believe we need to shift this burden off our people and 
instead adequately provide the Coast Guard with the resources it needs.
  The bill I introduce today authorizes funding and personnel levels 
for the Coast Guard in Fiscal Year 2004. The bill authorizes funding 
for FY 2004 at $6.7 billion. This represents a 9.4 percent increase 
over the levels contained in last year's authorization bill and a 13 
percent increase over the funds requested for Fiscal Year 2003. This 
authorization will help restore the Coast Guard's non-homeland security 
missions such as search and rescue, fisheries enforcement, and marine 
environmental protection to near their pre-September 11, 2001 levels.
  This bill also includes numerous measures which will improve the 
Coast Guard's ability to recruit, reward, and retain high-quality 
personnel. It addresses various Coast Guard personnel management and 
quality of life issues such by providing eligible enlisted personnel 
with a critical skills training bonus, amending the number and 
distribution of commissioned officers to retain needed skill sets and 
experiences, expanding the Coast Guard's housing authorities to ease 
housing shortages, and including several measures that grant the Coast 
Guard parity with the other Armed Services.
  Another critical provision in the bill will enable us to better 
oversee the historic and beautiful lighthouses that we have entrusted 
to non-profit groups across the country. Over the years we have 
transferred numerous lighthouses and we need to ensure that these 
groups continue to be responsible stewards of these national treasures. 
Unfortunately, we have recently learned of lighthouses which have been 
allowed to deteriorate and one that was even offered for sale through a 
real estate broker. This provision will ensure these national treasures 
are protected and will allow the Secretary of Interior to monitor 
future lighthouse conveyances and ensure that they meet all of the 
conditions of the original transfers.
  Finally, we must recognize that the United States Coast Guard is a 
force conducting 21st century operations with 20th century technology. 
To accomplish its many vital missions, the Coast Guard desperately 
needs to recapitalize its offshore fleet of cutters and aircraft. The 
Coast Guard operates the third oldest of the world's 39 similar naval 
fleets with several cutters dating back to World War II. These 
platforms are technologically obsolete, require excessive maintenance, 
lack essential speed, and have poor interoperability which in turn 
limit their overall mission effectiveness and efficiency. Unfortunately 
they are reaching the end of their serviceable life just as the Coast 
Guard needs them the most.
  The Coast Guard is in the early stages of a major recapitalization 
program for the ships and aircraft designed to operate more than 50 
miles offshore. The Integrated Deepwater System acquisition program is 
critical to the future viability of the Coast Guard. I wholeheartedly 
support this initiative and the system-of-systems procurement strategy 
the Coast Guard is utilizing. This bill authorizes full funding for 
this critical long-term recapitalization program.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 733

       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.

[[Page S4524]]

       (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,'';

[[Page S4525]]

       (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, Pub.L. 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.
  Mr. KERRY. Mr. President, I rise today to discuss the merits of the 
Coast Guard Authorization Act of 2003. This bill authorizes 
appropriations for fiscal year 2004 for the Coast Guard and will be 
introduced by my subcommittee chairman Senator Snowe today. I thank 
Senator Snowe for her work on this legislation and her willingness to 
work with me and others on the Commerce Committee to improve it.
  The events of September 11 resulted in a new mandate for the Coast 
Guard as port security and homeland defense missions rose to the 
forefront of its responsibilities. Homeland Security officials realized 
that our ports and sddcoastlines were vulnerable to terrorist attacks 
and quickly charged the Coast Guard with additional missions to help 
protect the homeland. Though I have no doubt that the Coast Guard will 
continue to play a valuable role in our domestic security, as it 
should, I have voiced my concern over the past year that traditional 
missions have suffered as a result of these new security 
responsibilities. Fishery patrols, drug and illegal immigrant 
interdiction and Marine resources protection have in large measure 
fallen by the wayside since September 11. We simply cannot allow this 
to happen. We should provide the Coast Guard sufficient funding to meet 
its new and traditional missions.
  In light of this, I am pleased that the bill increases the Coast 
Guard's budget by 10 percent, to $6.8 billion. This reflects a $500 
million increase over last year's budget and is virtually identical to 
what the President has requested. Of this amount, roughly $4.7 billion 
is earmarked for operating expenses, an increase of $400 million over 
fiscal year 2003. The bill also authorizes $775 million for 
acquisition, construction and improvements, a $33 million increase over 
fiscal year 2003.
  Although I support these budget numbers, I have not co-sponsored the 
bill because it does not include an authorization for the costs the 
Coast Guard will incur complying with the Maritime Transportation 
Security Act we passed last year. We know that the Coast Guard will 
require addition funds to oversee and coordinate the port security 
upgrades mandated by the law, and I feel strongly that a port security 
provision needs to be added to the bill before it passes the Senate. 
Considering that we are waging a war on terror, port security should be 
part of any Coast Guard reauthorization bill. Senator Snowe has agreed 
to work with me to draft additional language which would provide the 
Coast Guard with adequate funding. I look forward to

[[Page S4526]]

drafting a comprehensive provision with my colleague to help the Coast 
Guard improve port security.
  The Coast Guard has unique missions not covered by any other Federal 
agency. It is the only U.S. military service with domestic law 
enforcement authority, and it has taken on many new homeland security 
missions since September 11. As such, I am pleased that the bill 
authorizes an active duty personnel level of 45,500. I've consistently 
supported raising personnel levels because the agency is charged with 
patrolling 95,000 miles of coastline, enforcing fish and marine 
conservation laws, conducting search-and-rescue missions, drug and 
illegal immigrant interdiction, along with its new homeland security 
missions. This is an awesome responsibility for an agency that is 
smaller than the New York City Police Department. Ultimately, as the 
Coast Guard becomes more integrated into the Department of Homeland 
Security, we may need to authorize higher personnel levels to ensure 
that the agency can adequately meet all its missions.

  I am also pleased that the bill includes a provision increasing 
funding levels for the Oil Spill Liability Trust Fund. For the past 3 
years, emergency fund expenditures have exceeded the $50 million annual 
appropriation, reaching a projected high of over $100 million this 
fiscal year. The fund has relied on carryovers from prior year balances 
to augment the annual appropriation and meet the increased need. This 
provision would increase the amount of the annual appropriation from 
$50 million to $150 million, thus reducing reliance on carryovers from 
prior year balances to augment the annual appropriation and meet the 
increased need.
  I will also be working with my colleagues to include several other 
important provisions in this legislation as we move forward. For 
example, because the Coast Guard is still below pre-9/11 levels for 
fisheries enforcement, I will be seeking a provision that will require 
the Coast Guard to better coordinate its fisheries enforcement efforts 
with other Federal agencies, such as NOAA, and relevant State and local 
agencies. Also, some measures ought to be taken to extend certain 
provisions of the Oil Pollution Act to vessels that, due to their size, 
still pose a significant risk to our environment in the event of an oil 
spill.
  Lastly, I would like to acknowledge the inclusion of a $25 million 
authorization for the Loran-C radio navigation system, which is used by 
fishermen and general aviation pilots as well as the Coast Guard. The 
Loran system is very reliable, and I feel strongly that we should 
continue to fund it as a secondary navigation system to the Global 
Positioning System. Although GPS is certainly the most sophisticated 
and modern tracking system now in operation, it is imperative that we 
retain an alternative navigation system and not simply throw all of our 
eggs in one basket. GPS signals can be jammed and are subject to 
interference. The Loran-C provision has been in past Coast Guard 
reauthorization bills and was fully appropriated by the Congress for 
fiscal year 2003. It is important that we continue to support this 
system.
  I support the provisions in this bill and I look forward to improving 
it as it moves through the legislative process.
                                 ______