[House Report 108-233]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-233

======================================================================



 
          COAST GUARD AND MARITIME TRANSPORTATION ACT OF 2003

                                _______
                                

 July 24, 2003.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

     Mr. Young of Alaska, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                        [To accompany H.R. 2443]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 2443) to authorize appropriations 
for the Coast Guard for fiscal year 2004, to amend various laws 
administered by the Coast Guard, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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''; and
          (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 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 the 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 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 for $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), by--
                  (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.''.

                       Purpose of the Legislation

    H.R. 2443 authorizes appropriations for the Coast Guard and 
the Federal Maritime Commission in Fiscal Year 2004. The bill 
also makes changes to laws governing the Coast Guard, shipping, 
and navigation.

                Background and Need for the Legislation

    The United States Coast Guard was established on January 
28, 1915, through the consolidation of the Revenue Cutter 
Service (established in 1790) and the Lifesaving Service 
(established in 1848). The Coast Guard later assumed the duties 
of three other agencies: the Lighthouse Service (established in 
1789), the Steamboat Inspection Service (established in 1838), 
and the Bureau of Navigation (established in 1884).
    The Coast Guard remained a part of the Department of the 
Treasury until 1967, when it was transferred to the newly 
created Department of Transportation. Under the Homeland 
Security Act of 2002, Public Law 107-296, the Coast Guard moved 
to the new Department of Homeland Security on March 1, 2003.
    Under section 2 of title 14, United States Code, the Coast 
Guard has primary responsibility to enforce or assist in the 
enforcement of all applicable Federal laws on, under, and over 
the high seas and waters subject to the jurisdiction of the 
United States; to ensure safety of life and property at sea; to 
protect the marine environment; to carry out domestic and 
international icebreaking activities; and to ensure the safety 
and security of vessels, ports, waterways, and related 
facilities.
    As the fifth armed force of the United States, the Coast 
Guard also maintains defense readiness to operate as a 
specialized service in the Navy upon the declaration of war or 
when the President directs. The Coast Guard is composed of 
approximately 37,000 active duty military personnel, 9,000 
reservists, 6,400 civilian employees, and 32,000 volunteers of 
the Coast Guard Auxiliary. The Coast Guard has defended the 
Nation in every war since 1790. In fact, the Coast Guard 
deployed assets to the Persian Gulf and Mediterranean region to 
take part in the U.S. military's Operation Iraqi Freedom.
    The Committee is particularly concerned about 
implementation of the Integrated Deepwater System (Deepwater) 
acquisition program. The U.S. Coast Guard has embarked on a 
``system-of-systems'' approach to recapitalization to deal with 
the problem of block obsolescence of key assets. In 1996, the 
Coast Guard recognized that their systems and operating assets 
were reaching the end of their useful life, while at the same 
time the demands being placed on the Coast Guard, even then, 
were increasing. The Coast Guard realized they would not have 
the money to replace core assets on a one-by-one basis. 
Therefore, they focused on development of a capabilities-based 
approach to procurement in which the system would provide the 
capability rather than single platforms.
    Expanded responsibilities within the Department of Homeland 
Security and the need to sustain core mission effectiveness, 
have resulted in significantly higher operation tempos and a 
severe strain on the aging assets. The need for a complete 
recapitalization is compelling. The Coast Guard operates the 
second oldest naval fleet in the world. In fact, some currently 
operating assets were commissioned in WWII. Nearly half of the 
110' Patrol Boat fleet is in immediate need of repair for 
structural deterioration, resulting in the direct loss of 
several hundred patrol days annually. On average, the High 
Endurance Cutter fleet suffers a fire in their main engineering 
space on every patrol, and the fleet's main search and rescue 
helicopter is equipped with radar designed and installed nearly 
20 years ago. Deepwater will provide for new cutters, 
surveillance assets and Command & Control, Communications 
Computers, Intelligence, Surveillance, and Reconnaissance 
(C4ISR), which will allow the service to ``push out the 
borders'' and meet other homeland security mission 
requirements, while ensuring adequate resources to effectively 
sustain their traditional missions.
    However, Deepwater has not received the basic annual 
funding projected in 1998. As such, the Committee has 
authorized $702,000,000 in Fiscal Year 2004 funding. This 
authorization restores Deepwater to its original 20 year 
implementation plan. This level of funding is necessary to 
ensure the timely delivery of scheduled assets.
    Additionally, the Committee remains very interested in 
benefits associated with acceleration of Deepwater. The 
Committee fully supports the March 7, 2003 Coast Guard Report 
to Congress and expects the Department of Homeland Security and 
the Administration to submit a Fiscal Year 2005 budget for 
Deepwater at the accelerated level of $1,892,000,000 and that 
out year requests likewise be commensurate with the Deepwater 
acceleration plan submitted to the Congress. The effective 
accomplishment of the Coast Guard's national and homeland 
security missions, as well as its ability to sustain the level 
of performance of its traditional missions is predicated upon 
having the required funding to recapitalize its aging assets 
sooner than the projected 20 year plan.
    The Committee is aware that the Coast Guard's homeland 
security functions include the requirement to check the names 
of crewmembers and stowaways against information on individuals 
who are on the national security watch list. In addition, the 
Coast Guard and other homeland security and law enforcement 
agencies are attempting to coordinate and consolidate databases 
containing watch list information. Achieving both of these 
tasks is complicated by the fact that exact string matches 
often fail to identify a potentially dangerous individual. The 
Committee believes that it is imperative to permit the 
utilization of multiple alternative technologies in the 
resolution of this problem. Therefore, the Committee urges the 
Coast Guard, in cooperation with other appropriate agencies, to 
use technology to perform name and address correlation 
functions where exact matches are not possible. It is 
preferable to use a variety of methods to perform inexact 
string matching, rather than relying on a single technical 
approach. The correlation technology must be database 
independent and should be able to handle more than names only.

                          Summary of H.R. 2443

    Sec. 1. Short Title. This Act may be cited as the ``Coast 
Guard and Maritime Transportation Act of 2003''.

                   TITLE I--COAST GUARD AUTHORIZATION

    Sec. 101. Authorization of Appropriations. This section 
authorizes funds for fiscal year 2004 at the following levels:

        Appropriation                                            Dollars
Operating Expenses......................................  $4,996,000,000
Capital Acquisitions....................................   1,097,000,000
Retired Pay.............................................   1,020,000,000

    ``Operating Expenses'' combines the previously separate 
accounts of Operating Expenses (OE), Reserve Training (RT), and 
Environmental Compliance and Restoration (EC&R). The amount 
authorized is $159 million over the Administration's Fiscal 
Year 2004 budget request. Of this amount, $70 million is for 
the review of domestic vessel and port facility security plans, 
$39 million is for the creation of an additional Coast Guard 
Helicopter Interdiction Tactical Squadron (HITRON), and $50 
million is for foreign port assessments and the review of 
foreign vessel security plans.
    Currently, the only Coast Guard HITRON squadron is based in 
Jacksonville, Florida. This section authorizes $39 million for 
leasing and deploying a squadron of 6 HITRON helicopters in 
Southern California. Since the program's inception in 1999, 
HITRON helicopters have interdicted successfully over 56,037 
pounds of cocaine that were being smuggled into the United 
States. This cocaine had a value of $1,793,184,000. The 
Interagency Assessment of Cocaine Movement estimated that 544 
Metric Tons of Cocaine departed South America for the United 
States in 2002. Of this total, 46% (250 Metric Tons) was 
estimated to flow through the Eastern Pacific. The Committee 
believes that deployment of a squadron of HITRON helicopters to 
Southern California will help stem the flow of cocaine and 
other illegal shipments into the West Coast of the United 
States.
    ``Capital Acquisitions'' combines the previously separate 
accounts of Acquisition, Construction, and Improvements (AC&I); 
Research, Development, Test, and Evaluation (RDT&E); and 
Alteration of Bridges (AB). The amount authorized is $300 
million over the Administration's request. Of this amount, $202 
million is authorized for Deepwater, $80 million for avionics 
for the first of four already delivered C130-J maritime patrol 
aircraft, and $18 million for the Truman-Hobbs bridge 
alteration program. The Committee's concerns about Deepwater 
implementation were explained earlier in this report.
    This section also authorizes $1,020,000,000 in Coast Guard 
retired pay.
    Sec. 102. Authorized Levels of Military Strength and 
Training. This section authorizes a Coast Guard end-of-year 
strength of 45,500 active duty military personnel for Fiscal 
Year 2004. This level includes the increases proposed by the 
Administration. At the end of Fiscal Year 2003, 37,000 active 
duty personnel were serving in the Coast Guard. This section 
also authorizes average military training student loads for 
Fiscal Year 2004 as follows:

        Training                                           Student years
Recruit/Special................................................... 2,500
Flight............................................................   125
Professional......................................................   350
Officer........................................................... 1,200

                    TITLE II--COAST GUARD MANAGEMENT

    Sec. 201. Long-Term Leases. This section allows the 
Commandant to enter into leases of up to 20 years for Coast 
Guard property with 1) the Coast Guard Academy Alumni 
Association to construct an Alumni visitor facility at the 
Coast Guard Academy; and 2) non-Federal entities to carry out 
cooperative agreements under Section 4 (e) of the Ports and 
Waterways Safety Act. Current law limits such leases to no more 
than five years.
    The Coast Guard Academy Alumni Association plans to build a 
20,000 square foot Alumni Center at the Coast Guard Academy. 
This building will be built with private funds. The estimated 
cost is $4,000,000. The Alumni Association wants to assure it 
has control over the Alumni Center for a period of time 
sufficient to justify this investment.
    Section 302 amends the Ports and Waterways Safety Act (33 
U.S.C. 1223) to authorize the Commandant to enter into 
cooperative agreements with non-Federal entities to carry out 
Ports and Waterways Safety Act vessel operating requirements, 
including vessel traffic services. The Coast Guard granted a 
license to the Marine Exchange of Los Angeles/Long Beach in 
1987, to occupy Coast Guard owned property. The Marine Exchange 
has since made improvements to the property and has installed 
vessel tracking radar and extensive communications, data 
processing, and other equipment. In 1993, Congress authorized 
the Coast Guard to provide personnel support to the Marine 
Exchange to jointly operate a Vessel Traffic Information 
Service. This operational partnership has been successful, and 
the Coast Guard intends to use such partnerships in other 
ports. To be successful, Coast Guard's partners must make 
substantial improvements to the real property involved and 
significant capital investment in the equipment and 
infrastructure necessary for a sophisticated operation. To 
justify these investments the partners require lease terms 
longer than five years.
    Sec. 202. Nonappropriated Fund Instrumentalities. This 
section provides authority for Coast Guard exchanges and 
morale, welfare, and recreation systems (MWR) to enter into 
contracts or other agreements with another department, agency, 
or instrumentality of the Coast Guard or another Federal agency 
to provide goods and services beneficial to the efficient 
management and operation of the exchange and MWR systems. This 
section provides Coast Guard Exchanges parity with Department 
of Defense non-appropriated fund instrumentalities (10 U.S.C. 
2482a).
    Sec. 203. Term of Enlistments. This section authorizes the 
Commandant of the Coast Guard to accept original enlistments 
for other than full years, and reenlistments for any term of 
years and months from two years to six years. This will make 
Coast Guard enlistments consistent with Department of Defense 
enlistments. The Coast Guard will gain greater billet alignment 
between commands and assignments during transfer seasons, and 
greater flexibility in maintaining force readiness.
    Sec. 204. Enlisted Member Critical Skill Training Bonus. 
This section authorizes the Coast Guard to offer an incentive 
bonus to encourage enlisted members to enter certain critical 
skill specialties. The Coast Guard currently has authority to 
offer enlistment bonuses (37 U.S.C. 309) and retention bonuses 
(37 U.S.C. 323), but does not have authority to offer a bonus 
to a member who voluntarily enters a specialty school to gain 
training in a critical skill. This proposal authorizes such a 
bonus 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.
    The Coast Guard has shortages of enlisted members on active 
duty in certain critical skills, such as Electricians Mate, 
Electronics Technician, Food Service Specialist, Machinery 
Technician, Storekeeper, and Telecommunications Specialist. 
Most of these skills result in assignments to ships, where 
being a junior enlisted Coast Guardsman is often very difficult 
due to working conditions and time spent at sea. Therefore, the 
Coast Guard has difficulty in encouraging junior enlisted 
personnel to seek out these specialties. The authority to 
provide an incentive bonus to enlisted members will assist in 
curtailing the shortages in certain critical skills.
    Sec. 205. Enhancement of Coast Guard Authority to Stop 
Vessels Liable to Seizure or Examination. Under 14 U.S.C. 89, 
the Coast Guard is authorized to board, examine, and search 
vessels to detect violations of U.S. law. It may use ``all 
necessary force to compel compliance'', including the use of 
disabling fire to stop a vessel that refuses to comply with a 
lawful order to stop. 14 U.S.C. 637 indemnifies government 
personnel operating from Coast Guard vessels or aircraft and 
Naval vessels with Coast Guard members assigned from damages 
resulting from the use of disabling fire. However, the 
indemnity applies only if a warning shot is given prior to the 
use of disabling fire. In some instances, it may be dangerous 
or impracticable to fire warning shots. Warning shots are 
generally fired near, but not at, a non-compliant vessel, so 
they may pose a risk to others if used in congested waters or 
near shore. Disabling fire is specifically targeted at a 
particular vessel so it does not present a risk to others. This 
section eliminates the requirement to fire a warning shot as a 
condition precedent to indemnification under 14 U.S.C. 637, 
when use of a warning shot is not practical.
    Sec. 206. Administrative, Collection, and Enforcement Costs 
for Certain Fees and Charges. Under current law, there are 
three statutes pursuant to which the Coast Guard collects user 
fees for its services. The Independent Offices Appropriations 
Act, 31 U.S.C. 9701, passed in 1951, is general user fee 
authority that applies to the entire Federal Government, 
including the Coast Guard. Also, under 46 U.S.C. 2110, the 
Secretary is required to establish user fees for services 
provided under subtitle II of title 46, United States Code 
(primarily marine safety activities, e.g., inspection of 
certain vessels; licensing, certification, and documentation of 
personnel, etc.). Finally, section 664 of title 14, United 
States Code, provides authority for the Coast Guard to 
establish user fees for goods and services it provides.
    This section amends section 664 of title 14 to better 
coordinate the statutory provisions governing fees and charges 
currently levied by the Coast Guard for services furnished 
under subtitle II of title 46 and under title 14, United States 
Code. This proposal does not establish a new user fee or seek 
to authorize the collection of any amounts in excess of the 
full (direct and indirect) costs of providing a given service 
for which the fee is being charged.
    Currently, the Secretary is authorized to recover 
appropriate collection and enforcement costs associated with 
delinquent payments of the fees and charges associated with 
services provided under subtitle II of title 46, but not under 
section 664 of title 14. This section will make parallel the 
provisions applicable to title 46 and title 14 user fees 
collection. This section authorizes the Secretary to recover 
appropriate collection and enforcement costs associated with 
delinquent payments of fees and charges authorized under title 
14, and allows other Federal, State, local, or private entities 
to collect such a fee or charge. These authorities already 
exist for title 46 fees and charges.
    Finally, this section amends title 14, to define what 
constitutes the costs of collecting a fee or charge, so that it 
explicitly includes reasonable administrative, personnel, 
contract, equipment, supply, training, and travel expenses 
related to administration, management, and oversight of user 
fees authorized by law. Importantly, this will include the 
compilation and analysis of cost and user data. In recent 
years, both Congress and the Executive Branch have sought to 
obtain such data from Federal agencies on a recurring basis. 
Section 405 incorporates the same definition in title 46.
    Sec. 207. Expansion of Coast Guard Housing Authorities. In 
1996, Congress enacted a broad set of authorities for the 
Department of Defense to use in its Military Housing 
Privatization Initiative. The existing Coast Guard housing 
authorities are more limited. This section provides the Coast 
Guard with the same direct loan authority for the acquisition 
and construction of housing currently available to the 
Department of Defense. The section also allows the Commandant 
to make differential lease payments if necessary to encourage 
private construction of Coast Guard housing.
    Section 687(g) of title 14 authorizes a demonstration 
project in Kodiak, Alaska to acquire or construct military 
family or unaccompanied housing through contracts with Alaska-
based small business concerns qualified under the Small 
Business Administration's section 8(a) program. This section 
allows for more than one demonstration project, and allows the 
projects to be conducted at any Coast Guard installation in 
Alaska.
    Sec. 208. Requirement for Constructive Credit. Current 
section 727 of title 14 requires that a Reserve Law Specialist 
be given a minimum of three years constructive credit upon 
assignment or designation. This section reduces the amount of 
mandatory constructive credit to only one year. It will allow 
the Coast Guard to consider the officer's education and 
experience, potential career opportunities, and service needs 
to determine appropriate credit.
    Sec. 209. Maximum Age for Retention in an Active Status. 
This section changes the mandatory age at which a Reserve 
officer is transferred to the Retired Reserve from sixty-two 
years of age to sixty years of age and would change the 
mandatory age at which a Reserve officer (other than those 
eligible for retirement or a Reserve rear admiral or rear 
admiral (lower half)) shall be discharged from sixty-two years 
of age to sixty years of age. It aligns Coast Guard Reserve 
officers' maximum retention age with that of other armed 
services Reserve officers, and also codifies the longstanding 
Coast Guard policy to remove Reserve officers from active 
status at age sixty.
    Sec. 210. Payments. This section authorizes the Coast Guard 
to use pay offsets to recover delinquent amounts owed by 
military members and civilian employees who hold Federal 
contractor-issued travel charge cards.
    Sec. 211. Coast Guard Fellowship Program. This section 
provides statutory authority for the Coast Guard Congressional 
Fellowship Program. This program is modeled after the current 
Congressional Fellowship Program administered by the Department 
of Defense by allowing 4 mid-grade officers to be assigned as 
fellows for a one-year term in House and Senate offices 
(including Committees). To protect against abuses in separation 
of powers principles and conflicts of interest, section 211 
adopts the restrictions contained in the House Ethics Manual 
and prohibits all Coast Guard Fellows from engaging in duties 
that will result in any direct or indirect benefit to the Coast 
Guard, other than broadening the fellow's knowledge. Any fellow 
violating this restriction will be subject to appropriate 
discipline by the Commandant of the Coast Guard. This section 
will allow 4 Coast Guard officers to learn about Congress. The 
Coast Guard currently has assigned eight Fellows to their 
Fellowship program on Capitol Hill.
    Sec. 212. Air Search and Rescue Facility in Muskegon 
County, Michigan. Since 1997, the Coast Guard has operated a 
seasonal search and rescue air facility (AirFac) at the 
Muskegon County Airport in Muskegon, Michigan. The AirFac and 
required berthing space is operated out of a hangar on the 
airport grounds under the arrangements of lease with the U.S. 
Coast Guard. The hangar and berthing space, utilized by the 
Coast Guard to this day, was intended to be only the temporary 
location of the AirFac until a permanent facility was 
constructed to house the AirFac at Muskegon, Airport.
    This section allows the Coast Guard to enter into a lease 
of up to 20 years for a new facility constructed by Muskegeon 
County that meets criteria established by the Commandant. The 
Committee expects the Coast Guard to act expeditiously toward 
entering into a long term lease with the County for a facility 
that meets Coast Guard criteria. The Committee expects a report 
from the Coast Guard no later than December 15, 2003 on 
progress toward negotiating such a lease.
    Sec. 213. National Coast Guard Museum. The section allows 
the Commandant to establish a National Coast Guard Museum. That 
museum may be located in New London, Connecticut. No Federal 
funds may be spent on the planning, engineering, design, 
construction, operation or maintenance of the Museum, and an 
operation and maintenance plan must be submitted to the 
Committee before it is established. The plan must include the 
estimated cost of operation and maintenance, and proposed 
sources of operation and maintenance funds. The estimated costs 
and proposed funding sources must be certified as reasonable 
and realistic by the Inspector General of the Department in 
which the Coast Guard is operating.
    Sec. 214. Limitation on Number of Commissioned Officers. 
The number of commissioned officers in the Coast Guard is set 
by statute in section 42 of title 14, United States Code. 
Currently, the overall number of officers cannot exceed 6,200. 
Increased homeland security requirements, however, are expected 
to drive up the officer needs of the Coast Guard by 17 percent. 
With a current officer corps of approximately 5,600 officers, 
an additional 900 officers for homeland security missions will 
require a change to the officer ceiling in section 42 of title 
14, United States Code. This section provides a one year 
increase in the authorized officer cap to 6,700. This ceiling 
will accommodate the homeland security increase. The Coast 
Guard budget proposes to convert 78 billets from military to 
civilian positions in each of fiscal years 2003 and 2004. The 
Committee urges the Coast Guard to accelerate the conversion to 
civilian positions those jobs that are not required for 
military purposes. This conversion will provide for increased 
continuity in positions and decrease the need for additional 
officer billets in the future.
    Sec. 215. Redistricting Notification Requirement. This 
section requires the Commandant to notify the Committee at 
least 180 days before implementing a plan to change the 
boundaries of Coast Guard districts, or before shifting more 
than 10 percent of the personnel or equipment from the station 
where they are based.

                         TITLE III--NAVIGATION

    Sec. 301. Marking of Underwater Wrecks. This section grants 
the Coast Guard discretion to permit a sunken wreck to be 
marked without using a lighted buoy. Under current law, the 
owner or operator of a vessel wrecked and sunk in a navigable 
channel must immediately mark it with a ``buoy or beacon during 
the day and a lighted lantern at night'', and maintain the 
marker until the wreck is removed. In navigable channels on the 
Western Rivers, use of a lighted aid to mark a wreck is 
generally not practicable due to the fast current and floating 
debris common in those rivers. Lighted aids, which are larger 
and heavier than unlighted markers, tend to submerge in the 
fast current, and are pushed off station by the force of the 
current on debris snagged by the aid. It is largely for this 
reason that of the over 10,000 buoys positioned by the Coast 
Guard to mark navigable channels on the Western Rivers, only 12 
are seasonal lighted buoys, and those are limited to pooled 
waters behind dams where current is not a factor. Mariners 
operating vessels on these rivers are accustomed to navigating 
with unlighted buoys. Due to the failure of owners/operators to 
mark their wrecked vessels, much of this type of marking is 
currently performed by the Coast Guard. The Coast Guard 
generally uses unlighted buoys for this purpose.
    Sec. 302. Use of Electronic Devices; Cooperative 
Agreements. This section amends the Ports and Waterways Safety 
Act (33 U.S.C. 1223) to authorize the Secretary to prohibit the 
use on the bridge of vessels of certain electric and electronic 
devices that interfere with communications or navigation 
equipment. The potential exists for electric and electronic 
devices to create harmful interference to global positioning 
system (GPS) navigation receivers, maritime radars, 
communications equipment, and other systems aboard vessels. 
This change gives the Coast Guard the authority to prohibit 
those devices on the bridges of vessels if it is determined 
that they pose a threat to the safety of vessels.
    New international regulations governing the safety of life 
at sea currently in force require that portable electrical and 
electronic equipment shall not be operated on the bridge if it 
may affect the proper function of navigational systems and 
equipment. This change will allow for implementation of this 
regulation. With the increased reliance on GPS, interference to 
GPS receivers could become a significant problem, especially 
when GPS systems are integrated with automatic heading control 
and dynamic positioning systems that control the navigation and 
movement of the vessel. Interference has been known to cause 
GPS systems to generate false positions. A slight position 
``error'' may cause enough of a heading change to run a ship 
aground.
    This section also amends the Ports and Waterways Safety Act 
(33 U.S.C. 1223) to authorize the Commandant to enter into 
cooperative agreements with non-Federal entities to carry out 
Ports and Waterways Safety Act vessel operating requirements, 
including vessel traffic services. An amendment contained in 
Sec. 201 allows the Commandant to enter into leases of up to 20 
years for the use of Coast Guard property if necessary to carry 
out these cooperative agreements.
    Sec. 303. Inland Navigation Rules Promulgation Authority. 
This section proposes to remove the Inland Navigation Rules 
from 33 U.S.C. 2001 if the Secretary promulgates Inland 
Navigation Rules through a regulatory proceeding. The statutory 
rules remain in effect until such regulations become effective. 
This change allows for future changes to the Inland Navigation 
Rules through the regulatory process without the need for 
statutory changes. International Rules for Preventing 
Collisions at Sea are currently contained in regulation rather 
than statute.

                           TITLE IV--SHIPPING

    Sec. 401. Reports from Charterers. This section gives the 
Secretary the authority to require reports from vessel 
charterers to ensure compliance with laws governing vessels 
engaged in coastwise trade and in the fisheries. Under current 
law, the Secretary may require reports from vessel owners and 
masters.
    Sec. 402. Suspension of Documents in lieu of Mandatory 
Revocation for Proved Drug Convictions. Under current law, the 
merchant mariner's credential (MMC) must be revoked if the 
credential holder is convicted of violating a State or Federal 
drug law, or found to use, or be addicted to, a dangerous drug. 
However, if evidence of proof of cure is provided, the 
credential of a drug user or addict need not be revoked. No 
option other than revocation is provided for a drug offense 
conviction.
    In 1994, the Coast Guard began using Settlement Agreements 
to resolve suspension and revocation cases without a hearing. 
These have been particularly successful in cases involving drug 
use where the Administrative Law Judge (ALJ) need not revoke 
credentials if the holder provides satisfactory proof of cure. 
The Coast Guard seeks the discretion to suspend a mariner's 
credentials in dangerous drug law conviction cases. Use of that 
discretion will allow the use of Settlement Agreements to 
resolve cases involving minor drug convictions. The Coast Guard 
believes that granting ALJs discretion to approve settlement 
agreements will improve the administration of the MMC program 
by removing the requirement for a hearing and revocation in 
every case involving a drug conviction. This will allow minor 
cases to be settled quickly leaving resources available to 
focus on more serious cases.
    Sec. 403. Inspection of Records of Merchant Mariners' 
Documents. This section strikes the prohibition on ``general or 
public inspection'' of merchant mariners'' documents (MMDs). 
Striking this prohibition will bring merchant mariners' 
documents under the record protection and release policies of 
the Privacy Act, 5 U.S.C. 552a, and Freedom of Information Act 
(FOIA), 5 U.S.C. 552. Since no similar prohibition exists for 
merchant mariners' licenses, or certificates, this change 
provides equal treatment for all merchant mariners' 
credentials. With this change, release of information regarding 
all credentials will be governed by the Privacy Act and FOIA.
    The prohibition against ``general or public inspection'' of 
MMDs was enacted decades before the Privacy Act and FOIA. The 
prohibition denies access to MMDs even to individuals with 
legitimate reasons for accessing that information. Even a 
request to verify a mariner's qualifications is refused by the 
National Maritime Center (NMC). NMC cannot confirm to an 
employer that a mariner is documented. The prohibition prevents 
family members and historians seeking information about 
deceased mariners, even upon presentation of a valid death 
certificate, from receiving information.
    Sec. 404. Exemption of Unmanned Barges from Citizenship 
Requirements Regarding Command of Vessel. Current law requires 
all documented vessels, other than vessels with a recreational 
endorsement, to be under the command of a citizen of the United 
States. This section exempts unmanned barges from this 
requirement unless those vessels are engaged in a coastwise 
voyage. When an unmanned U.S. barge is in service with a tug, 
or other vessel, not under the operational control of a U.S. 
citizen, this requirement places an administrative burden on 
the barge operator that results in no practical benefit.
    To comply with the U.S. citizen-in-command requirement, a 
U.S. citizen deckhand is sometimes designated as the ``barge 
master'' on the towing vessel, so that the unmanned barge will 
be ``under the command of'' a U.S. citizen. This solution is an 
artificial one that lends no real value, since the ``barge 
master'' is not in command as a practical matter, having no 
control over the tug. Rather, it is the master of the tug who 
has control of both the tug and the barge, and makes the 
decisions concerning navigation, crew hiring and firing, 
discipline, and compliance with laws and regulations. 
Designating a U.S. citizen ``barge master'' on board the tug 
does not confer decisionmaking authority on that citizen, but 
it could burden that person with the consequences of the tug 
operator's actions.
    Under current law, an unmanned barge not under command of a 
U.S. citizen is subject to seizure and forfeiture. Strict 
enforcement of this requirement would effectively prohibit 
owners of U.S. documented barges from bareboat chartering their 
vessels to foreign interests. To comply with existing law, a 
U.S. citizen would have to be aboard any foreign tug that tows 
a bareboat chartered U.S. barge and be designated as in command 
of that barge. Lighter Aboard Ship (LASH) barges discharged in 
foreign ports cannot comply with this requirement unless the 
vessel carrying the LASH barges also carries at least one U.S. 
citizen who would leave the LASH carrier to accompany the 
barges when discharged.
    Sec. 405. Administrative, Collection, and Enforcement Costs 
for Certain Fees and Charges. Under current law, there are 
three statutes pursuant to which the Coast Guard collects user 
fees for its services. The Independent Offices Appropriations 
Act, 31 U.S.C. 9701, passed in 1951, is general user fee 
authority that applies to the entire Federal Government, 
including the Coast Guard. Also, under 46 U.S.C. 2110, the 
Secretary is required to establish user fees for services 
provided under subtitle II of title 46, United States Code 
(primarily marine safety activities, e.g., inspection of 
certain vessels; licensing, certification and documentation of 
personnel, etc.). Finally, section 664 of title 14, United 
States Code, provides authority for the Coast Guard to 
establish user fees for goods and services it provides.
    This section defines what constitutes the costs of 
collecting a fee or charge. These costs include reasonable 
administrative, personnel, contract, equipment, supply, 
training, and travel expenses related to administration, 
management, and oversight of user fees authorized by law, 
including the compilation and analysis of cost and user data, 
which, in recent years, both Congress and the Executive Branch 
have sought to obtain from Federal agencies on a recurring 
basis. This proposal does not establish a new user fee or seek 
to authorize the collection of any amounts in excess of the 
full (direct and indirect) costs of providing a given service 
for which the fee is being charged.
    Sec. 406. Compliance with International Safety Management 
Code. The section requires foreign flag vessels departing and 
returning to the same U.S. port, or returning to another port 
under the jurisdiction of the United States, to comply with the 
International Safety Management Code when any part of the 
voyage occurs on the high seas. This provision ensures that 
vessels departing and returning to the same port, with no port 
calls in between, are included in the definition of a ``vessel 
engaged on a foreign voyage.''
    Sec. 407. Civil Penalties for Failure to Comply with 
Recreational Vessel and Associated Equipment Safety Standards. 
A person manufacturing or selling a recreational boat that 
contains a defect that creates a substantial risk of personal 
injury to the public, or that fails to comply with an 
applicable Federal recreational boat safety regulation, is 
liable to the United States Government for a civil penalty of 
not more than $2,000, except that the maximum civil penalty may 
not be more than $100,000 for a related series of violations.
    The Coast Guard believes these monetary penalties are too 
small to have a substantial deterrent effect and are 
insufficient to ensure (1) compliance with Federal recreational 
boat safety regulations, (2) the exercise of reasonable 
diligence by manufacturers in notifying owners and repairing 
defective boats (and associated equipment), or (3) innovative 
efforts by companies seeking to improve quality control and to 
do a better job of building safe boats.
    This section increases the maximum civil administrative 
penalty from $2,000 to a maximum of $5,000, and increases the 
maximum for a related series of violations from $100,000 to 
$250,000. Current law applies these penalties for wrongful 
manufacture or sale. This section also applies the penalties to 
wrongful labeling and failure to notify of a recall.
    Sec. 408. Revision of Temporary Suspension Criteria in 
Document Suspension and Revocation Cases. This section corrects 
a drafting error, and allows the Coast Guard to temporarily 
suspend or revoke a merchant mariner's credentials (MMCs) if 
the mariner has been convicted of certain National Driver 
Register Act (NDRA) offenses. As written, the MMC could only be 
temporarily suspended or revoked for a NDRA conviction if the 
mariner was acting under the authority of the credential when 
the NDRA violation occurred. Since there are no reasonable 
scenarios under which a mariner will commit a motor vehicle-
related offense while on board ship, this section restores the 
intent of the provision to allow suspension or revocation after 
a conviction for operating a motor vehicle while under the 
influence of, or impaired by, alcohol or a controlled 
substance, or a traffic violation arising in connection with a 
fatal traffic accident, reckless driving, or racing on the 
highways.
    Current law allows for longer-term suspension or revocation 
of the MMC as a result of a NDRA suspension after a suspension 
and revocation hearing. The provision amended by this section 
only deals with temporary suspensions or revocations of no more 
than 45 days prior to a hearing.
    This section also provides authority to temporarily suspend 
an MMC if the holder threatens the security of a vessel or the 
port.
    Sec. 409. Revision of Bases for Document Suspension and 
Revocation Cases. This section allows the Coast Guard to 
suspend or revoke a merchant mariner's credentials (MMC) if the 
mariner commits an act of incompetence whether or not the 
mariner is acting under the authority of the MMC at the time 
the act occurs. Under current law, the Coast Guard can only 
undertake suspension and revocation proceedings if the mariner 
commits an act of incompetence while acting under the authority 
of the MMC. Therefore, even if the Coast Guard has evidence 
that a credential holder is physically or professionally 
incompetent, under current law the agency must wait until the 
mariner actually commits an act of incompetence while acting 
under the authority of their MMC before suspending or revoking 
an MMC. This section will allow the Coast Guard to initiate a 
suspension and revocation proceeding without having to wait for 
a marine casualty to occur if the agency has sufficient 
evidence of incompetence.
    The section also adds security threat as a basis for which 
the Secretary may suspend or revoke an MMC.
    Sec. 410. Hours of Service on Towing Vessels. This section 
grants the Secretary of the department in which the Coast Guard 
is operating the authority to prescribe maximum hours of 
service for individuals engaged on a towing vessel that is 
required to have a licensed operator under section 8904 of 
title 46, United States Code. However, before prescribing those 
regulations, the Secretary is required to conduct and report to 
Congress on the results of a demonstration project involving 
the implementation of Crew Endurance Management Systems on 
these vessels.
    In September 2001, a towing vessel struck a bridge at South 
Padre Island, TX. The bridge collapsed, and 5 people died when 
their cars or trucks went into the water. On May 26, 2002, a 
towing vessel struck the I-40 highway bridge over the Arkansas 
River at Webber Falls, OK. The bridge collapsed, and 14 people 
died when their cars or trucks went into the Arkansas River.
    As a result of these accidents, the Coast Guard and the 
American Waterways Operators established a Joint Working Group 
to examine the statistics of bridge allisions and measures that 
could be taken to help prevent these types of casualties. The 
study used a database of 2,692 bridge allision cases between 
1992-2001. One of the recommendations of the working group's 
May, 2003 report is to ``require the implementation of Crew 
Endurance Management Systems (CEMS) throughout the towing 
industry as a means of improving decision making fitness. In 
addition, on June 1, 1999, the National Transportation Safety 
Board issued Recommendation M-99-1 to the Coast Guard that 
stated the Coast Guard should ``Establish within 2 years 
scientifically based hours-of-service regulations that set 
limits on hours of service, provide predictable work and rest 
schedules, and consider circadian rhythms and human sleep and 
rest requirements.''. This section would give the Coast Guard 
the legal authority to implement these recommendations.
    The Committee expects that the Secretary will carefully 
evaluate the results of the demonstration project prior to 
determining the need to establish maximum hours of service 
regulations as permitted under subsection (a). Prior to 
promulgating any such regulations, the Committee also expects 
that the Secretary will evaluate the costs and benefits of 
establishing maximum hours of service requirements on towing 
vessels. This evaluation should include a review of Coast Guard 
casualty data to determine whether there is statistical 
evidence to support the need for new hours of service 
regulations.
    Sec. 411. Automatic Identification System Electronic 
Charts. This section requires shipboard automatic 
identification systems to include electronic charts and related 
display. On September 22, 1993, at about 2:45 a.m. the towing 
vessel Mauvilla and its barges became lost in the fog and 
struck and displaced the Big Bayou Canot railroad bridge near 
Mobile, Alabama. Later that night the Amtrak train, Sunset 
Limited, derailed as it went over the bridge and fell into the 
water killing 42 passengers and 5 crewmembers. The Committee 
believes that electronic charts tied to a Global Positioning 
Satellite receiver will help prevent accidents such as this in 
the future.
    This section does not limit the discretion of the Secretary 
under 46 U.S.C. 70114(a)(2) to waive the application of 46 
U.S.C. 70114(a)(1) if the Secretary finds that an electronic 
chart and related display is not necessary for the safe 
operation of a vessel or class of vessels on the waters on 
which those vessels operate.
    Sec. 412. Prevention of Departure. Current law authorizes 
the Secretary to prevent a foreign passenger vessel from 
departing a U.S. port, with passengers who are embarked at that 
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 (SOLAS). However, the statute does 
not provide a similar authority to the Secretary regarding 
control of a foreign passenger vessel that may have embarked 
passengers from a nearby foreign port and is conducting a 
voyage to a U.S. port. The result of this distinction is that a 
foreign vessel embarking U.S. passengers from a neighboring 
country such as Canada or a Caribbean country and calling on 
U.S. ports, would not be subject to the same detailed 
examination as a foreign passenger vessel embarking passengers 
from a U.S. port conducting a similar voyage. Without the 
ability to conduct such an examination, it is difficult for the 
Coast Guard to assure that such vessels are in compliance with 
SOLAS regulations.
    This section allows the Coast Guard to conduct examinations 
to ensure that a passenger vessel calling on a U.S. port 
complies with SOLAS so long as a U.S. citizen passenger is 
aboard.

                  TITLE V--FEDERAL MARITIME COMMISSION

    Sec. 501. Authorization of Appropriations for Federal 
Maritime Commission. This section authorizes $18,471,000, the 
Administration request, for the Federal Maritime Commission in 
Fiscal Year 2004.

                        TITLE VI--MISCELLANEOUS

    Sec. 601. Increase in Civil Penalties for Violations of 
Certain Bridge Statutes. Bridges constructed across the 
navigable waters of the United States are considered 
obstructions to navigation and must provide for the reasonable 
needs of navigation. Civil penalties for 20 potential bridge 
statute violations range in amounts from $220 to $1,100 per day 
and involve matters such as failure to install and keep bridge 
lights and other signals in working order; unreasonable delay 
in operating a draw opening after signal; and failure to give 
timely notice of construction or modification events affecting 
navigation. Vessel owners and operators are also subject to 
penalties, for example, for signaling a drawbridge to open for 
a nonstructural vessel appurtenance unessential to navigation 
or easily lowered.
    The Coast Guard maintains that current civil penalties for 
violations of bridge laws and regulations are insufficient to 
effectively discourage violations. Current law sets the civil 
penalty at a maximum $1,000 per-day per-violation with each day 
a violation continued constituting a separate offense. With the 
minor adjustments allowed under the Federal Civil Monetary 
Penalty Inflation Adjustment Act of 1990, the maximum civil 
penalty is now $1,100 per-day per-violation.
    This section increases the civil penalties for bridge 
violations under the Rivers and Harbors Appropriations Act of 
August 18, 1894; the Rivers and Harbors Appropriations Act of 
March 3, 1899; the Bridge Act of 1906; and the General Bridge 
Act of 1946 to $25,000 per-day per-violation. This section 
phases in that increase over 5 years. Criminal penalties are 
also available, and are not addressed by this section.
    Sec. 602. Conveyance of Decommissioned Coast Guard Cutter 
Sundew. This section directs the Commandant to convey the 
decommissioned Coast Guard cutter SUNDEW to the Duluth 
Entertainment and Convention Center Authority, in Duluth, 
Minnesota. Before conveyance, the recipient must agree that the 
vessel: (1) will be used for education and historical display 
purposes; (2) must not be used for commercial transportation; 
and (3) will be made available to the United States Government 
if needed in time of war or national emergency. The recipient 
must also agree to hold the government harmless for claims 
arising from exposure to hazardous materials.
    Sec. 603. Tonnage Measurement. This section deems the motor 
vessel Bluefin to be 488 gross tons and the motor vessel 
Coastal Merchant to be 493 gross tons, as measured under 
regulations prescribed under section 14502 of title 46, United 
States Code, for purposes of applying the optional regulatory 
measurement under section 14305 of title 46, United States 
Code.
    Section 604. Operation of Vessel Stad Amsterdam. This 
section authorizes the vessel Stad Amsterdam to carry non-
paying guests within U.S. waters and between ports and places 
in the U.S. These are 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.
    This section does not authorize the vessel to carry 
individuals for a fare or to be chartered on a for-hire basis 
in the coastwise trade. In fact, this section prohibits Stad 
Amsterdam from being ``used to carry individuals for a fare or 
to be chartered on a for-hire basis in the coastwise trade.'' 
This means that the owners may not solicit or accept payment 
for the carriage of friends, guests, and employees in U.S. 
domestic waters.
    Existing law requires that vessels carrying passengers for 
hire in the coastwise trade be U.S. built, U.S. manned, U.S. 
owned, and U.S. documented. Prior to 2002, the U.S. Customs 
Service ruled that non-paying guests of the owner or operator 
were not considered passengers. Therefore, vessels carrying 
non-paying guests in U.S. coastal waters did not have to meet 
domestic build, crew, ownership, and documentation 
requirements. In June 2002, Customs ruled that individuals will 
now be ``considered passengers unless they are directly and 
substantially connected with the operation, navigation, 
ownership, or business of the vessel.'' This section applies 
the earlier Customs ruling to non-paying guests on the Stad 
Amsterdam.
    The Stad Amsterdam was built in 2000 and designed after 
nineteenth century clipper ships. It is a three-masted sailing 
vessel with a length of 76 meters and a gross tonnage of 723 
tons. The vessel is owned by Randstad Holding NV, a Dutch-based 
company that specializes in providing temporary services 
employment, and the City of Amsterdam. Randstad Holding NV 
specializes in providing professional temporary employment 
services, and has a U.S. subsidiary, Randstad North America, 
headquartered in Atlanta, Georgia. Randstad North America 
operates more than 500 branch offices and on-site client 
locations in North America, and, in 2002, put more than 219,500 
individuals to work, for a total payroll in excess of $818 
million.
    Sec. 605. Great Lakes National Maritime Enhancement 
Institute. This section authorizes $5 million to be 
appropriated to the Secretary of Transportation in each of the 
Fiscal Years 2004 through 2008 to study cargo transportation on 
the Great Lakes. The purpose of the Institute is to conduct 
long-term research on maritime shipping on the Great Lakes 
including short sea shipping; examine truck and rail freight 
movements to see if land-based congestion could be relieved by 
shipping those cargoes by water; and study and develop new 
vessel designs for shipping on the Great Lakes, (such as multi-
ITB designs that could fit through locks). The Institute may 
operate through a consortia of Great Lakes universities in a 
manner that allows each university to study Great Lakes 
transportation issues within its own area of expertise.
    Sec. 606. Agile Port and Intelligent Border Security 
National Demonstration Project. This section authorizes the 
Secretary of Transportation to carry out an Agile Port and 
Intelligent Border Security National Demonstration Project 
under agreement with the Center for the Commercial Deployment 
of Transportation Technologies. The project may demonstrate 
methods to: (1) more efficiently use on-dock rail; (2) develop 
inland multi-modal transfer facilities; (3) encourage shippers 
to pick up and deliver containers and trailers at off dock 
inland facilities; (4) develop high speed cargo vessels and 
short sea coastal shipping and handling facilities and freight 
service to relieve inter city highway congestion; and (5) 
develop integrated intelligent transportation, automated 
equipment identification and tracking, and information and 
inspection technology (including the International Trade Data 
System) at seaports, land border crossings, and international 
trade corridors to expedite physical cargo and information flow 
and improve the efficiency, safety, and security of regional 
goods movement. This includes cargo movements through the port 
of San Diego and any inland port that could be used to support 
activities at that port.
    Sec. 607. Koss Cove. This section designates a cove lying 
off the southern coast for Erlington Island in Alaska as ``Koss 
Cove'', in honor of the late Able Bodied Seaman Eric Steiner 
Koss. Seaman Koss served aboard the National Oceanic and 
Atmospheric Administration vessel Rainer, and died in the 
performance of a nautical charting mission in this cove.
    Sec. 608. Miscellaneous Certificates of Documentation. This 
section provides coastwise trade endorsements for two U.S.-
flag, U.S.-owned, and U.S.-built vessels, the Ocean Leader and 
the Revelation.
    Sec. 609. Dredging Study. This section directs the 
Congressional Budget Office to conduct a study of the impacts 
of foreign charterers on the U.S. dredging industry.
    Sec. 610. Report Regarding Security Inspection of Vessels 
and Vessel-Borne Cargo Containers Entering the United States. 
This section requires the Secretary of the department in which 
the Coast Guard is operating to provide Congress with a report 
that will provide a complete breakdown of the number and types 
of cargo containers and vessels that enter the United States 
each year, and the cost incurred to conduct security 
inspections on those containers and vessels.

      TITLE VII--AMENDMENTS RELATING TO OIL POLLUTION ACT OF 1990

    Sec. 701. Vessel Response Plans for Nontank Vessels over 
400 Gross Tons. This section allows the President to issue 
regulations requiring non-tank vessels of 400 gross tons and 
greater that carry oil as fuel for main propulsion to prepare 
vessel response plans.
    Current law does not require response plans for non-tank 
vessels (passenger, dry bulk, container, and other commercial 
vessels). Internationally, the International Maritime 
Organization imposes the same pollution response planning 
standards on both tankers and non-tank vessels. Several states 
have also enacted laws requiring response plans for non-tank 
vessels. Tank vessel owners contribute to the support of a 
nationwide network of spill response contractors, who may not 
be available to support non-tank vessel response needs because 
of an existing contractual obligation to the tank vessel 
owners. This lack of committed resources leaves the Nation 
vulnerable to lessened or inadequate response to a major oil 
discharge from a non-tank vessel.
    Currently, the oil production, transportation, and storage 
industries bear nearly the entire burden of maintaining the 
Nation's oil spill response industry. However, non-tank vessels 
may carry as much or more oil than many small tank vessels, yet 
they are not required to plan for a spill emergency and may 
have no response resources available in the event of a spill. 
This proposal spreads the cost of maintaining private spill 
response infrastructure in the U.S. to a much larger portion of 
the shipping industry while reducing the risk of spills from 
non-tank vessels.
    Sec. 702. Requirements for Tank Level and Pressure 
Monitoring Devices. This section gives the Secretary the 
discretion to issue regulations regarding minimum standards 
for, and carriage of, devices warning of overfills and tank 
levels of oil in cargo tanks and devices for monitoring the 
pressure of oil cargo tanks.
    Sec. 703. Liability and Cost Recovery. This section makes 
changes to definitions in the Oil Pollution Act of 1990 (OPA) 
to conform the defenses against liability under that Act with 
those under the Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA) (42 U.S.C. 9601). OPA 
generally imposes liability for removal costs and damages on 
owners and operators of facilities and vessels from which there 
is a discharge, or a substantial threat of discharge, of oil 
into the waters of the United States, adjoining shorelines, or 
the exclusive economic zone, subject to the specific defenses 
set forth in the statute. The section also adds a definition of 
non-tank vessel to accompany the proposed changes in section 
211 of this bill.
    The proposed changes that conform OPA to CERCLA: (1) 
exclude from the definition of ``owner or operator'' States 
that acquire facilities and vessels involuntarily and lenders 
that hold title to facilities and vessels only to protect their 
security interest; (2) clarify that all costs of Federal 
enforcement activities for the recovery costs of removal of 
discharged oil or prevention, minimization, or mitigation of a 
substantial threat of discharge of oil, are recoverable in an 
action to recover ``removal costs''; (3) clarify that a 
responsible party is liable for these enforcement costs in an 
action to recover removal costs under OPA; (4) clarify 
circumstances in which States are not responsible parties for 
offshore facilities; and (5) allow certain owners who purchase 
property without reason to know of its potential for a 
discharge of oil, as well as heirs and certain government 
owners, to avail themselves of the third party defense to 
liability.

            Legislative History and Committee Consideration

    H.R. 2443 was introduced on June 12, 2003 by the Honorable 
Don Young, Chairman, Committee on Transportation and 
Infrastructure. The bill was referred to the Committee on 
Transportation and Infrastructure, and within the Committee to 
the Subcommittee on Coast Guard and Maritime Transportation. On 
June 12, the Subcommittee met to mark up a Committee Print. 
Congressman Simmons offered an amendment to establish a 
National Coast Guard Museum. The amendment was withdrawn. The 
bill was then ordered favorably reported to the Full Committee. 
On June 25, 2003, the Full Committee on Transportation and 
Infrastructure met to consider the bill. Congressman Oberstar 
offered an amendment to clarify the type of passengers that 
could be taken out on the Stad Amsterdam under the Passenger 
Vessel Act waiver included in Sec. 604. It was adopted by voice 
vote. Congressman Nadler offered an amendment requiring the 
Secretary of the department in which the Coast Guard is 
operating to report on the cost of conducting security 
inspections on foreign vessels and vessel-borne containers 
arriving in U.S. ports. The amendment was adopted on a voice 
vote. The bill as amended was then ordered favorably reported 
to the House of Representatives by voice vote.

                             Rollcall Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires each committee report to include the 
total number of votes cast for and against on each rollcall 
vote on a motion to report and on any amendment offered to the 
measure or matter, and the names of those members voting for 
and against. No rollcall votes were ordered during the 
consideration of H.R. 2443.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance With House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included below.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objective of this legislation are to 
authorize appropriations for the Coast Guard and Federal 
Maritime Commission for Fiscal Year 2004.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
2443 from the Director of the Congressional Budget Office.


                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 22, 2003.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2443, the Coast 
Guard Authorization Act of 2003.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                       Douglas Holtz-Eakin,
                                                          Director.
    Enclosure.

H.R. 2443--Coast Guard Authorization Act of 2003

    Summary: H.R. 2433 would authorize the appropriation of 
about $6.1 billion for programs administered by the U.S. Coast 
Guard (USCG) and the Federal Maritime Commission (FMC) for 
fiscal year 2004. The bill also would authorize the 
appropriation of $10 million for 2004 and $5 million annually 
through 2008 for new maritime projects. CBO estimates that 
appropriation of the authorized amounts would result in outlays 
of $4.2 billion in fiscal year 2004 and $6 billion over the 
2004-2008 period. (About $100 million would be spent after 
2008.) Enacting H.R. 2443 would increase direct spending by $2 
million annually because it would allow the USCG to spend more 
of the user fees it currently collects. Finally, enacting this 
legislation could result in lower future revenues from 
recoveries of oil spill costs, but CBO has no basis for 
estimating the amount or timing of such losses, if any.
    H.R. 2443 contains both intergovernmental and private-
sector mandates as defined in the Unfunded Mandates Reform Act 
(UMRA). CBO estimates that the cost of installing electronic 
charting equipment on public vessels would not exceed the 
annual threshold for intergovernmental mandates as established 
in that act ($59 million in 2003, adjusted annually for 
inflation). Because of uncertainties about the number of 
private vessels that would be affected by other new 
requirements and how certain regulations would be implemented, 
CBO cannot determine whether the total costs of private-sector 
mandates would exceed the threshold established by UMRA for 
such mandates ($117 million in 2003, adjusted annually for 
inflation).
    Estimates cost to the Federal Government: The estimated 
budgetary effects of H.R. 2443 are summarized in the following 
table. The costs of this legislation fall within budget 
functions 300 (natural resources and environment) and 400 
(transportation).
    The amount authorized by the bill for Coast Guard 
retirement is not included in the table because such pay is an 
entitlement under current law and it is not subject to 
appropriation.

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                     -----------------------------------------------------------
                                                        2003      2004      2005      2006      2007      2008
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

USCG and FMC spending under current law:
    Authorization level \1\.........................     5,294        29         0         0         0         0
    Estimated outlays...............................     5,134       818       207        12         0         0
Proposed changes: \2\
    Authorization level.............................         0     6,093         5         5         5         5
    Estimated outlays...............................         0     4,212     1,069       431       176       129
USCG and FMC spending under H.R. 2443:
    Authorization level \1\.........................     5,294     6,122         5         5         5         5
    Estimated outlays...............................     5,134     5,030     1,276       443       176       129

                                         CHANGES IN DIRECT SPENDING \3\

    Estimated budget authority......................         0         2         2         2         2         2
    Estimated outlays...............................         0         2         2         2         2         2
----------------------------------------------------------------------------------------------------------------
\1\ The 2003 level is the amount appropriated for that year, reduced by across-the-board reductions and by a $17
  million rescission in Capital Acquisition funds. The $29 million in 2004 is the amount already authorized to
  be appropriated from the Oil Spill Liability Trust Fund for Coast Guard operating expenses and research.
\2\ Included in the authorization levels and estimated outlays for proposed changes are $10 million in 2004 and
  $5 million annually through 2008 for activities to be carried out by the Department of Transportation. There
  were no amounts appropriated for those proposed activities in 2003.
\3\ H.R. 2443 also could affect revenues, but CBO estimates that any such effects are likely to be
  insignificant.

    Basis of estimate: For this estimate, CBO assumes that the 
amounts authorized will be appropriated for each year. The 
authorization level for 2004 is the amount stated in the bill 
for USCG and FMC discretionary accounts, excluding $29 million 
of USCG funding to be derived from the Oil Spill Liability 
Trust Fund (OSLTF). (This amount, which consists of $25 million 
for that agency's operations and $3.5 million for research, has 
been excluded from the ``Proposed Changes'' lines in the table 
because such funding is already authorized under existing law.) 
Estimated outlays are based on historical spending patterns for 
existing or similar programs.

Spending subject to appropriation

    H.R. 2443 would authorize the appropriation of about $5 
billion for USCG operating expenses (including $17 million for 
environmental compliance) and about $1.1 billion for 
acquisitions and other capital projects (including $22 million 
for research activities and $18 million for bridge 
alterations). Of the amounts authorized, $48.5 million would be 
derived from the OSLTF, but $29 million is already authorized 
to be appropriated for trust fund in 2004. Title V would 
authorize the appropriation of $18 million to the Federal 
Maritime Commission for 2004.
    The bill would authorize the appropriation of $1 billion 
for Coast Guard retirement benefits in 2004. That amount is 
excluded from this estimate because those benefits are 
considered an entitlement under current law and are not subject 
to appropriation.
    Title VI would authorize the appropriation of $5 million a 
year over the 2004-2008 period to the Secretary of 
Transportation for a national maritime enhancement institute 
for the Great Lakes region. Section 606 would authorize the 
Secretary to carry out a demonstration project on dual-use 
technologies for commercial shipping and port operations. The 
bill would authorize the appropriation of $5 million for fiscal 
year 2004 for that purpose.

Direct spending

    H.R. 2443 would expand the authority of the Coast Guard to 
spend amounts collected from existing user fees and similar 
charges. CBO estimates that enactment of the bill would 
increase direct spending by about $2 million annually.
    The USCG is currently authorized to spend a portion of its 
user fees and other charges that are sufficient to offset the 
cost of collecting those fees. The bill would broaden the 
definition of collection costs to include more indirect 
administrative elements such as fee-related equipment purchases 
and training and travel expenses. CBO estimates that the 
broader definition of reimbursable costs would enable the Coast 
Guard to retain about twice as much of its fees, resulting in 
new direct spending of about $2 million annually. For this 
estimate, CBO assumes that the agency does not increase fee 
rates above those currently in effect.

Changes to Coast Guard housing authorities

    Section 207 would expand the Coast Guard's authority to 
finance military housing construction. At this time, CBO 
expects that enacting this section is unlikely to have a 
significant effect on the federal budget.
    Under current law, the Coast Guard is authorized to use 
loan guarantees, barter arrangements, long-term leases, limited 
partnerships, and similar means to finance housing projects. 
Current law authorizes the appropriation of $40 million to the 
Coast Guard for housing projects and mandates that the total 
value of all federal obligations entered into for such projects 
may not exceed $40 million. That authority expires at the end 
of fiscal year 2007. To date, the agency has not initiated any 
housing projects under this authority.
    It is unclear that the additional housing financing 
authorities that would be provided by section 207 would 
alleviate the Coast Guard's current housing program 
implementation difficulties. Therefore, CBO does not expect 
that the proposed changes would alter the timing or level of 
the costs of the USCG housing program. The two additional 
financing tools that would be provided--direct loans and rental 
differential payments--are probably no more or less useful to 
the Coast Guard than those it already has (but not used) and 
are no more likely to be exercised. The final proposed change, 
which would enable the agency to directly negotiate 
partnerships with state and local governments, is likely to be 
of use only in very limited situations involving leasing of 
state or local land. Because of the relatively small scale of 
Coast Guard housing projects, the use of the new authority to 
obtain state or local bond financing may not be possible or 
particularly beneficial. Financing of this type is likely to be 
useful only in localities where it may be possible to 
participate in larger Department of Defense (DoD) projects, but 
the Coast Guard's legal authority to cooperate with DoD in this 
or any other types of joint financing is uncertain and would 
not be clarified or otherwise affected by the enactment of H.R. 
2443.

Revenues

    H.R. 2443 contains two provisions that could affect 
revenues. Those provisions are described below.
    Recovery of Oil-Spill Expenditures. Title VII would amend 
the definitions of the terms ``operator'' and ``owner'' in the 
Oil Pollution Act of 1990 (OPA) to exclude secondary lenders 
(those without management participation) and state or local 
governments that involuntarily acquire control or ownership of 
a vessel or facility involved in an oil spill.
    Under current law, such involuntary owners may be held 
responsible for spill response and clean-up costs and held 
liable for damages. By explicitly excluding those entities from 
the law's definitions, the bill would eliminate them as 
potentially responsible parties that the federal government 
could pursue to recover spill-related costs (including paying 
damage claims). Therefore, future recoveries (which are 
recorded in the federal budget as revenues) could be lower, but 
CBO has no basis for estimating any such impact because 
litigation brought against involuntary owners is so rare. The 
federal government does not generally pursue those parties 
because it is not usually cost-effective to do so. In the past 
12 years of litigation under OPA, the Coast Guard has recovered 
from only one secondary lender (about seven years after the 
spill), but the recovery was the highest in the program's 
history: $47 million. There has been no similar litigation 
against a state or local government (in the status of an 
involuntary owner). Given this history, CBO expects that there 
would be few situations where the changes that would be made by 
title VII might have an impact on revenues from spill 
recoveries.
    Civil Penalties. The bill also would increase civil 
penalties for violations of various statutes enforced by the 
Coast Guard. CBO estimates that enacting the higher penalties 
would increase federal revenues by less than $500,000 annually.

Intergovernmental and private-sector impact

            Mandates that affect both the public and private sector
    Under current law certain vessels must be equipped with an 
automatic identification system (AIS) that transmits the 
vessels location and certain other information. Section 411 
would require the automatic identification systems to include 
electronic charts and related displays. Because vessel owners 
and operators include both public and private-sector entities, 
such a requirement would be both an intergovernmental and 
private-sector mandate as defined by UMRA. CBO cannot provide a 
precise estimate of the public and private-sector costs of 
implementing the requirement because the Coast Guard has not 
issued a standard for electronic charting. However, based on 
information from the Coast Guard about the range of cost for 
installing charting add-ons and the number of vessels affected, 
CBO estimates that the costs to public entities would not 
exceed the annual threshold established in UMRA ($59 million in 
2003, adjusted annually for inflation). The cost to private 
entities would not be substantial.
            Mandates that affect the private sector only
    Section 302 would authorize the Secretary of Transportation 
to prohibit the use on the bridge of a vessel of electronic or 
other devices that interfere with communications and navigation 
equipment. Currently, the Coast Guard, under certain 
circumstances, can establish vessel operating conditions as it 
determines necessary for the control of the vessel and safety 
of the port or the marine environment. The provision would 
expand and clarify this authority. According to the Coast 
Guard, the authority would continue to be used under the same 
circumstances and only with certain devices. CBO estimates that 
the costs to the private sector in complying with the mandate 
would be minimal.
    Section 401 would require charterers of documented vessels 
engaged in coastwise commercial trade and fishing to submit 
reports to the Secretary of Transportation regarding 
qualifications of their vessels. According to the Coast Guard, 
the charterers would be required to submit their operating 
documents to comply with the mandate. Because charterers 
already have their documentation available, the cost to submit 
the information would be minimal.
    Section 410 would authorize the Secretary to prescribe 
maximum hours of service for individuals engaged on a towing 
vessel that is at least 26 feet in length measured from end-to-
end over the deck. The limit on hours of service would impose a 
private-sector mandate on owners of the towing vessels. 
Currently, there is a 12-hour work rule for the industry. Any 
possible action by the Secretary could only occur after a 
demonstration project required under the bill (involving the 
implementation of Crew Endurance Management Systems on towing 
vessels) has been concluded and reported upon. At this time, 
the Coast Guard could not determine how or when it would 
establish such a limit on hours of service. Consequently, CBO 
cannot estimate either the costs to comply with the mandate or 
when such costs would be incurred.
    Section 701 would impose a private-sector mandate on owners 
and operators of nontank vessels to prepare and submit to the 
President a plan for responding to a worst-case discharge, and 
to a substantial threat of such discharge, of oil or a 
hazardous substance. Any applicable state-mandated response 
plan would satisfy the requirement. Currently, Alaska, 
California, Oregon, and Washington require nontank vessels to 
have such plans in order to operate in their waters. Also, the 
International Maritime Organization (IMO) requires all vessels 
engaged in international shipping and transportation to have 
shipboard oil pollution emergency plans. According to the Coast 
Guard, the proposed requirement would parallel the IMO-required 
plans. According to industry sources, the cost of developing an 
oil spill response plan averages $1,000. CBO cannot determine 
the number of nontank vessels which would be required to 
develop the oil response plans. Therefore, CBO cannot estimate 
the total costs to the owners and operators to comply with the 
mandate.
    Estimate prepared by: Federal costs: Deborah Reis; impact 
on state, local, and tribal governments: Gregory Waring; impact 
on the private sector: Cecil McPherson.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                   Constitutional Authority Statement

    Pursuant to clause (3)(d)(1) of rule XIII of the Rules of 
the House of Representatives, committee reports on a bill or 
joint resolution of a public character shall include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1994 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local or 
tribal law. The Committee states that H.R. 2443 does not 
preempt any state, local, or tribal law.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act are created by this 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Public Law 
104-1).

                        Committee Correspondence

                          House of Representatives,
                                    Committee on Resources,
                                     Washington, DC, July 18, 2003.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
Rayburn HOB, Washington, DC.
    Dear Mr. Chairman: I have reviewed the text of H.R. 2443, 
the Coast Guard and Maritime Transportation Act of 2003, as 
ordered reported from the Committee on Transportation and 
Infrastructure on June 25, 2003. The Committee on Resources has 
a jurisdictional interest in Section 607, Koss Cove. This 
provision is also included in the text of H.R. 958, to 
authorize certain hydrographic services programs, to name a 
cove in Alaska in honor of the late Able Bodied Seaman Eric 
Steiner Koss, and for other purposes. This bill was referred 
solely to the Committee on Resources.
    Recognizing your wish that this critical bill be considered 
by the House of Representatives as soon as possible, and noting 
the continued strong spirit of cooperation between our 
Committees, I will forego seeking a sequential referral of H.R. 
2443 for the Committee on Resources. However, waiving the 
Committee on Resources' right to a referral in this case does 
not waive the Committee's jurisdiction over any provision in 
H.R. 2443 or similar provisions in other bills. In addition, I 
ask that you support my request to have the Committee on 
Resources represented on the conference on this bill, if a 
conference is necessary. Finally, I ask that you include this 
letter in the Committee on Transportation and Infrastructure's 
bill report.
    I appreciate your leadership and cooperation on this bill 
and look forward to working with you to see that H.R. 2443 is 
enacted into law soon.
            Sincerely,
                                          Richard W. Pombo,
                                                          Chairman.
                                ------                                

                          House of Representatives,
            Committee on Transportation and Infrastructure,
                                     Washington, DC, July 24, 2003.
Hon. Richard W. Pombo,
Chairman, Committee on Resources,
Longworth Building, Washington, DC.
    Dear Mr. Chairman: Thank you for your letter of July 18, 
2003, regarding H.R. 2443, the Coast Guard and Maritime 
Transportation Act of 2003, and for your willingness to waive 
consideration of the provision in the bill that falls within 
your Committee's jurisdiction under House Rules.
    I agree that your waiving consideration of this provision 
of H.R. 2443 does not waive your Committee's jurisdiction over 
the bill. I also acknowledge your right to seek conferees on 
any provisions that are under your Committee's jurisdiction 
during any House-Senate conference on H.R. 2443 or similar 
legislation, and will support your request for conferees on 
such provisions.
    As you request, your letter and this response will be 
included in the Committee report on the legislation.
    Thank you for your cooperation in moving this important 
legislation to the House Floor.
            Sincerely,
                                                 Don Young,
                                                          Chairman.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

TITLE 14, UNITED STATES CODE

           *       *       *       *       *       *       *


PART I--REGULAR COAST GUARD

           *       *       *       *       *       *       *


                    CHAPTER 5--FUNCTIONS AND POWERS

Sec.
81.  Aids to navigation authorized.
     * * * * * * *
98.  National Coast Guard Museum.

           *       *       *       *       *       *       *


Sec. 93. Commandant; general powers

  (a) For the purpose of executing the duties and functions of 
the Coast Guard the Commandant may:
          [(a)] (1) maintain water, land, and air patrols, and 
        ice-breaking facilities;
          [(b)] (2) establish and prescribe the purpose of, 
        change the location of, consolidate, discontinue, re-
        establish, maintain, operate, and repair Coast Guard 
        shore establishments;
          [(c)] (3) assign vessels, aircraft, vehicles, aids to 
        navigation, equipment, appliances, and supplies to 
        Coast Guard districts and shore establishments, and 
        transfer any of the foregoing from one district or 
        shore establishment to another;
          [(d)] (4) conduct experiments, investigate, or cause 
        to be investigated, plans, devices, and inventions 
        relating to the performance of any Coast Guard function 
        and cooperate and coordinate such activities with other 
        Government agencies and with private agencies;
          [(e)] (5) conduct any investigations or studies that 
        may be of assistance to the Coast Guard in the 
        performance of any of its powers, duties, or functions;
          [(f)] (6) collect, publish, and distribute 
        information concerning Coast Guard operations;
          [(g)] (7) conduct or make available to personnel of 
        the Coast Guard such specialized training and courses 
        of instruction, including correspondence courses, as 
        may be necessary or desirable for the good of the 
        service;
          [(h)] (8) design or cause to be designed, cause to be 
        constructed, accept as gift, or otherwise acquire 
        patrol boats and other small craft, equip, operate, 
        maintain, supply, and repair such patrol boats, other 
        small craft, aircraft, and vehicles, and subject to 
        applicable regulations under subtitle I of title 40 and 
        title III of the Federal Property and Administrative 
        Services Act of 1949 (41 U.S.C. 251 et seq.) dispose of 
        them;
          [(i)] (9) acquire, accept as gift, maintain, repair, 
        and discontinue aids to navigation, appliances, 
        equipment, and supplies;
          [(j)] (10) equip, operate, maintain, supply, and 
        repair Coast Guard districts and shore establishments;
          [(l)] (11) establish, equip, operate, and maintain 
        shops, depots, and yards for the manufacture and 
        construction of aids to navigation, equipment, 
        apparatus, vessels, vehicles, and aircraft not normally 
        or economically obtainable from private contractors, 
        and for the maintenance and repair of any property used 
        by the Coast Guard;
          [(m)] (12) accept and utilize, in times of emergency 
        in order to save life or protect property, such 
        voluntary services as may be offered to the Coast 
        Guard;
          [(n)] (13) rent or lease, under such terms and 
        conditions as are deemed advisable, for a period not 
        exceeding five years, such real property under the 
        control of the Coast Guard as may not be required for 
        immediate use by the Coast Guard, the monies received 
        from any such rental or lease, less amount of expenses 
        incurred (exclusive of governmental personal services), 
        to be deposited in the Treasury;
          [(o)] (14) grant, under such terms and conditions as 
        are deemed advisable, permits, licenses, easements, and 
        rights-of-way over, across, in, and upon lands under 
        the control of the Coast Guard when in the public 
        interest and without substantially injuring the 
        interests of the United States in the property thereby 
        affected;
          [(p)] (15) establish, install, abandon, re-establish, 
        reroute, operate, maintain, repair, purchase, or lease 
        such telephone and telegraph lines and cables, together 
        with all facilities, apparatus, equipment, structures, 
        appurtenances, accessories, and supplies used or useful 
        in connection with the installation, operation, 
        maintenance, or repair of such lines and cables, 
        including telephones in residences leased or owned by 
        the Government of the United States when appropriate to 
        assure efficient response to extraordinary operational 
        contingencies of a limited duration, and acquire such 
        real property rights of way, easements, or attachment 
        privileges as may be required for the installation, 
        operation, and maintenance of such lines, cables, and 
        equipment;
          [(q)] (16) establish, install, abandon, reestablish, 
        change the location of, operate, maintain, and repair 
        radio transmitting and receiving stations;
          [(r)] (17) provide medical and dental care for 
        personnel entitled thereto by law or regulation, 
        including care in private facilities;
          [(s)] (18) accept, under terms and conditions the 
        Commandant establishes, the service of an individual 
        ordered to perform community service under the order of 
        a Federal, State, or municipal court[,];
          [(t)] (19) notwithstanding any other law, enter into 
        cooperative agreements with States, local governments, 
        non-governmental organizations, and individuals, to 
        accept and utilize voluntary services for the 
        maintenance and improvement of natural and historic 
        resources on, or to benefit natural and historic 
        research on, Coast Guard facilities, subject to the 
        requirement that--
                  (1) * * *

           *       *       *       *       *       *       *

          [(u)] (20) enter into cooperative agreements with 
        other Government agencies and the National Academy of 
        Sciences;
          [(v)] (21) require that any member of the Coast Guard 
        or Coast Guard Reserve (including a cadet or an 
        applicant for appointment or enlistment to any of the 
        foregoing and any member of a uniformed service who is 
        assigned to the Coast Guard) request that all 
        information contained in the National Driver Register 
        pertaining to the individual, as described in section 
        30304(a) of title 49, be made available to the 
        Commandant under section 30305(a) of title 49, may 
        receive that information, and upon receipt, shall make 
        the information available to the individual;
          [(w)] (22) provide for the honorary recognition of 
        individuals and organizations that significantly 
        contribute to Coast Guard programs, missions, or 
        operations, including State and local governments and 
        commercial and nonprofit organizations, and pay for, 
        using any appropriations or funds available to the 
        Coast Guard, plaques, medals, trophies, badges, and 
        similar items to acknowledge such contribution 
        (including reasonable expenses of ceremony and 
        presentation); and
          [(x)] (23) rent or lease, under such terms and 
        conditions as are considered by the Secretary to be 
        advisable, commercial vehicles to transport the next of 
        kin of eligible retired Coast Guard military personnel 
        to attend funeral services of the service member at a 
        national cemetery.
  (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. 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 Coast Guard is operating that items 
        included in the plan pursuant to paragraph (1) and (2) 
        are reasonable and realistic.

           *       *       *       *       *       *       *


               CHAPTER 7--COOPERATION WITH OTHER AGENCIES

Sec.
141.  Cooperation with other agencies, States, territories, and 
          political subdivisions.
     * * * * * * *
152.  Nonappropriated fund instrumentalities: contracts with other 
          agencies and instrumentalities to provide or obtain goods and 
          services.

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


                         CHAPTER 11--PERSONNEL

                                Officers

                              a. appointments

Sec.
211.  Original appointment of permanent commissioned officers.
     * * * * * * *

                        f. miscellaneous provisions

331.  Recall to active duty during war or national emergency.
     * * * * * * *
337.  Coast Guard Congressional Fellowship Program.
     * * * * * * *

                            ENLISTED MEMBERS

350.  Recruiting campaigns.
     * * * * * * *
374.  Critical skill training bonus.

           *       *       *       *       *       *       *


F. Miscellaneous Provisions

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


ENLISTED MEMBERS

           *       *       *       *       *       *       *


Sec. 351. Enlistments; term, grade

  (a) Under regulations prescribed by the Secretary, the 
Commandant may enlist persons for minority or [terms of full 
years not exceeding six years.] a period of at least two years 
but not more than six years.

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


   CHAPTER 13--PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS

Sec.
461.  Remission of indebtedness of enlisted members upon discharge.
     * * * * * * *
517.  Payments.

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


CHAPTER 17--ADMINISTRATION

           *       *       *       *       *       *       *


Sec. 637. Stopping vessels; immunity for firing at or into vessel

  (a)(1) Whenever any vessel liable to seizure or examination 
does not stop on being ordered to do so or on being pursued by 
an authorized vessel or authorized aircraft which has displayed 
the ensign, pennant, or other identifying insignia prescribed 
for an authorized vessel or authorized aircraft, the person in 
command or in charge of the authorized vessel or authorized 
aircraft may, [after a gun has been fired by the authorized 
vessel or authorized aircraft as a warning signal,] subject to 
paragraph (2), fire at or into the vessel which does not stop.
  (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.

           *       *       *       *       *       *       *

  (c) A vessel or aircraft is an authorized vessel or 
authorized aircraft for purposes of this section if--
          (1) it is a Coast Guard vessel or aircraft; or
          (2) it is a surface naval vessel on which one or more 
        members of the Coast Guard are assigned pursuant to 
        section 379 of title 10[; or
          [(3) subject to subsection (d), it is a naval 
        aircraft that has one or more members of the Coast 
        Guard on board and is operating from a surface naval 
        vessel described in paragraph (2).
  [(d)(1) The inclusion of naval aircraft as an authorized 
aircraft for purposes of this section shall be effective only 
after the end of the 30-day period beginning on the date the 
report required by paragraph (2) is submitted through September 
30, 2001.
  [(2) Not later than August 1, 2000, the Secretary of Defense 
shall submit to the Committee on Armed Services of the House of 
Representatives and the Committee on Armed Services of the 
Senate a report containing--
          [(A) an analysis of the benefits and risks associated 
        with using naval aircraft to perform the law 
        enforcement activities authorized by subsection (a);
          [(B) an estimate of the extent to which the Secretary 
        expects to implement the authority provided by this 
        section; and
          [(C) an analysis of the effectiveness and 
        applicability to the Department of Defense of the Coast 
        Guard program known as the ``New Frontiers'' program.].

           *       *       *       *       *       *       *


Sec. 664. User fees

  (a) * * *

           *       *       *       *       *       *       *

  (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.
  [(c)] (f) Before January 1 of each year, the Secretary shall 
submit a report to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate that includes--
          (1) a verification of each activity for which a fee 
        or charge is collected under any law stating--
                  (A) the amount collected in the prior fiscal 
                year; and
                  (B) that the amount spent on that activity in 
                that fiscal year is not less than the amount 
                collected; and
          (2) the amount expected to be collected under any law 
        in the current fiscal year for each activity for which 
        a fee or charge is expected to be collected.
  (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.

           *       *       *       *       *       *       *


              CHAPTER 18--COAST GUARD HOUSING AUTHORITIES

Sec.
680.  Definitions.
     * * * * * * *
[682.  Loan guarantees.]
682.  Direct loans and loan guarantees.
     * * * * * * *
684.  Limited partnerships in [nongovernmental] eligible entities.
     * * * * * * *
687a.  Differential lease payments.

           *       *       *       *       *       *       *


Sec. 680. Definitions

  In this chapter:
          (1) * * *

           *       *       *       *       *       *       *

          (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.
          [(3)] (4) The term ``military unaccompanied housing'' 
        means military housing intended to be occupied by 
        members of the armed forces serving a tour of duty 
        unaccompanied by dependents.
          [(4)] (5) The term ``United States'' includes the 
        Commonwealth of Puerto Rico, Guam, the United States 
        Virgin Islands, and the District of Columbia.

           *       *       *       *       *       *       *


Sec. 682. [Loan guarantees] Direct loans and loan guarantees

  (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.
  [(a)] (b) Loan Guarantees.--
          (1) Subject to [subsection (b),] subsection (c), the 
        Secretary may guarantee a loan made to any person in 
        the private sector if the proceeds of the loan are to 
        be used by the person to acquire, or construct housing 
        units that the Secretary determines are suitable for 
        use as military family housing or as military 
        unaccompanied housing.

           *       *       *       *       *       *       *

  [(b)] (c) Limitation on [Guarantee] Authority.--[Loan 
guarantees] Direct loans and loan guarantees may be made under 
this section only to the extent that appropriations of budget 
authority to cover their cost (as defined in section 502(5) of 
the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) are 
made in advance, or authority is otherwise provided in 
appropriations Acts. If such appropriation or other authority 
is provided, there may be established a financing account (as 
defined in section 502(7) of such Act (2 U.S.C. 661a(7))) which 
shall be available for the disbursement of payment of claims 
for payment on loan guarantees under this section and for all 
other cash flows to and from the Government as a result of 
guarantees made under this section.

           *       *       *       *       *       *       *


Sec. 684. Limited partnerships with [nongovernmental] eligible entities

  (a) Limited Partnerships Authorized.--The Secretary may enter 
into limited partnerships with [nongovernmental] eligible 
entities carrying out projects for the acquisition or 
construction of housing units suitable for use as military 
family housing or as military unaccompanied housing.
  (b) Limitation on Value of Investment in Limited 
Partnership.--(1) The cash amount of an investment under this 
section in [a nongovernmental] an eligible entity may not 
exceed an amount equal to 33\1/3\ percent of the capital cost 
(as determined by the Secretary) of the project or projects 
that the entity proposes to carry out under this section with 
the investment.
  (2) If the Secretary conveys land or facilities to [a 
nongovernmental] an eligible entity as all or part of an 
investment in the entity under this section, the total value of 
the investment by the Secretary under this section may not 
exceed an amount equal to 45 percent of the capital cost (as 
determined by the Secretary) of the project or projects that 
the entity proposes to carry out under this section with the 
investment.

           *       *       *       *       *       *       *

  (c) Collateral Incentive Agreements.--The Secretary shall 
enter into collateral incentive agreements with 
[nongovernmental] eligible entities in which the Secretary 
makes an investment under this section to ensure that a 
suitable preference will be afforded members of the armed 
forces and their dependents in the lease or purchase, as the 
case may be, of a reasonable number of the housing units 
covered by the investment.

           *       *       *       *       *       *       *


Sec. 687. Coast Guard Housing Fund

  (a) * * *

           *       *       *       *       *       *       *

  (g) Demonstration [Project] Projects Authorized.--To promote 
efficiencies through the use of alternative procedures for 
expediting new housing projects, the Secretary--
          (1) may develop and implement [a demonstration 
        project] demonstration projects for acquisition or 
        construction of military family housing and military 
        unaccompanied housing on or near the Coast Guard 
        installation at [Kodiak, Alaska;] Kodiak, Alaska, or 
        any other Coast Guard installation in Alaska;
          (2) in implementing [the demonstration project] such 
        a demonstration project, shall utilize, to the maximum 
        extent possible, the contracting authority of the Small 
        Business Administration's section 8(a) program;

           *       *       *       *       *       *       *

          (4) shall report to Congress by September 1 of each 
        year on the progress of activities under [the 
        demonstration project] such demonstration projects.

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.

           *       *       *       *       *       *       *


PART II--COAST GUARD RESERVE AND AUXILIARY

           *       *       *       *       *       *       *


CHAPTER 21--COAST GUARD RESERVE

           *       *       *       *       *       *       *


                              SUBCHAPTER B

COMMISSIONED OFFICERS

           *       *       *       *       *       *       *


Sec. 727. Constructive credit upon initial appointment

  Under regulations prescribed by the Secretary, a person, 
appointed as a Reserve officer, may be assigned a date of rank 
and precedence which reflects that person's experience, 
education, or other qualifications. For the purpose of this 
subchapter only, a person appointed for the purpose of 
assignment or designation as a law specialist in the reserve 
shall be credited with a minimum of [three years] one year 
service in an active status. A person holding a doctor of 
philosophy, or a comparable degree, in medicine or in a science 
allied to medicine as determined by the Secretary, may be 
credited with a minimum of three years service in an active 
status if appointed for an assignment comparable to that of an 
officer in the Navy Medical Department.

           *       *       *       *       *       *       *


Sec. 742. Maximum ages for retention in an active status

  (a) A Reserve officer, if qualified, shall be transferred to 
the Retired Reserve on the day the officer becomes [sixty-two] 
60 years of age.

           *       *       *       *       *       *       *

  (c) Except as provided for in subsections (a) and (b) of this 
section, a Reserve officer shall be discharged effective upon 
the day the officer becomes [sixty-two] 60 years of age.

           *       *       *       *       *       *       *

                              ----------                              


                          ACT OF MARCH 3, 1899

   (COMMONLY KNOWN AS THE ``RIVERS AND HARBORS APPROPRIATION ACT OF 
                                1899'')

Chap. 425.--An Act Making appropriations for the construction, repair, 
and preservation of certain public works on rivers and harbors, and for 
other purposes.

           *       *       *       *       *       *       *


    Sec. 15. That it shall not be lawful to tie up or anchor 
vessels or other craft in navigable channels in such a manner 
as to prevent or obstruct the passage of other vessels or 
craft; or to sink, or permit or cause to be sunk, vessels or 
other craft in navigable channels; or to float loose timber and 
logs, or to float what is known as sack rafts of timber and 
logs in streams or channels actually navigated by steamboats in 
such manners as to obstruct, impede, or endanger navigation. 
And whenever a vessel, raft, or other craft is wrecked and sunk 
in a navigable channel, it shall be the duty of the owner, 
lessee, or operator of such sunken craft to immediately mark it 
with a buoy or beacon during the [day and] day and, unless 
otherwise authorized by the Commandant of Coast Guard, a 
[lighted lantern] light at night, and to maintain such marks 
until the sunken craft is removed or abandoned, and the neglect 
or failure of the said owner, lessee, or operator so to do 
shall be unlawful; and it shall be the duty of the owner, 
lessee, or operator of such sunken craft to commence the 
immediate removal of the same, and prosecute such removal 
diligently, and failure to do so shall be considered as an 
abandonment of such craft and subject the same to removal by 
the United States as hereinafter provided for.

           *       *       *       *       *       *       *

    Sec. 18. (a) * * *

           *       *       *       *       *       *       *

    (c) Whoever violates any provision of this section or any 
order issued under this section, shall be liable to a civil 
penalty of not more than [$1,000] $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. Each day a violation 
continues shall be deemed a separate offense. No penalty may be 
accessed under this subsection until the person charged is 
given notice and an opportunity for a hearing on the charge. 
The Secretary of Transportation may access and collect any 
civil penalty incurred under this subsection and, in his 
discretion, may remit, mitigate, or compromise any penalty 
until the matter is referred to the Attorney General. If a 
person against whom a civil penalty is assessed under this 
subsection fails to pay that penalty, an action may be 
commenced in the district court of the United States for any 
district in which the violation occurs for such penalty.

           *       *       *       *       *       *       *

                              ----------                              


        SECTION 4 OF THE PORTS AND WATERWAYS SAFETY ACT OF 1972

  Sec. 4. Vessel Operating Requirements.
  (a) In General.--Subject to the requirements of section 5, 
the Secretary--
          (1) * * *

           *       *       *       *       *       *       *

          (4) may control vessel traffic in areas subject to 
        the jurisdiction of the United States which the 
        Secretary determines to be hazardous, or under 
        conditions of reduced visibility, adverse weather, 
        vessel congestion, or other hazardous circumstances 
        by--
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) restricting operation, in any hazardous 
                area or under hazardous conditions, to vessels 
                which have particular operating characteristics 
                or capabilities which he considers necessary 
                for safe operation under the circumstances; 
                [and]
          (5) may require the receipt of prearrival messages 
        from any vessel, destined for a port or place subject 
        to the jurisdiction of the United States, in sufficient 
        time to permit advance vessel traffic planning prior to 
        port entry, which shall include any information which 
        is not already a matter of record and which the 
        Secretary determines necessary for the control of the 
        vessel and the safety of the port or the marine 
        environment[.]; and
          (6) may prohibit the use on the bridge of a vessel of 
        electronic or other devices that interfere with 
        communications and navigation equipment.

           *       *       *       *       *       *       *

  (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.
                              ----------                              


INLAND NAVIGATIONAL RULES ACT OF 1980

           *       *       *       *       *       *       *


    [Sec. 2. Inland Navigational Rules:

                            [PART A--GENERAL

                                [RULE 1

                              [Application

    [(a) These Rules apply to all vessels upon the inland 
waters of the United States, and to vessels of the United 
States on the Canadian waters of the Great Lakes to the extent 
that there is no conflict with Canadian law.
    [(b)(i) These Rules constitute special rules made by an 
appropriate authority within the meaning of Rule 1(b) of the 
International Regulations.
    [(ii) All vessels complying with the construction and 
equipment requirements of the International Regulations are 
considered to be in compliance with these Rules.
    [(c) Nothing in these Rules shall interfere with the 
operation of any special rules made by the Secretary of the 
Navy with respect to additional station or signal lights and 
shapes or whistle signals for ships of war and vessels 
proceeding under convoy, or by the Secretary with respect to 
additional station or signal lights and shapes for fishing 
vessels engaged in fishing as a fleet. These additional station 
or signal lights and shapes or whistle signals shall, so far as 
possible, be such that they cannot be mistaken for any light, 
shape, or signal authorized elsewhere under these Rules. Notice 
of such special rules shall be published in the Federal 
Register and, after the effective date specified in such 
notice, they shall have effect as if they were a part of these 
Rules.
    [(d) Traffic separation schemes may be established for the 
purpose of these Rules. Vessel traffic service regulations may 
be in effect in certain areas.
    [(e) Whenever the Secretary determines that a vessel or 
class of vessels of special construction or purpose cannot 
comply fully with the provisions of any of these Rules with 
respect to the number, position, range, or arc of visibility of 
lights or shapes, as well as to the disposition and 
characteristics of sound-signaling appliances, the vessel shall 
comply with such other provisions in regard to the number, 
position, range, or arc of visibility of lights or shapes, as 
well as to the disposition and characteristics of sound-
signaling appliances, as the Secretary shall have determined to 
be the closest possible compliance with these Rules. The 
Secretary may issue a certificate of alternative compliance for 
a vessel or class of vessels specifying the closest possible 
compliance with these Rules. The Secretary of the Navy shall 
make these determinations and issue certificates of alternative 
compliance for vessels of the Navy.
    [(f) The Secretary may accept a certificate of alternative 
compliance issued by a contracting party to the International 
Regulations if he determines that the alternative compliance 
standards of the contracting party are substantially the same 
as those of the United States.

                                [RULE 2

                            [Responsibility

    [(a) Nothing in these Rules shall exonerate any vessel, or 
the owner, master, or crew thereof, from the consequences of 
any neglect to comply with these Rules or of the neglect of any 
precaution which may be required by the ordinary practice of 
seamen, or by the special circumstances of the case.
    [(b) In construing and complying with these Rules due 
regard shall be had to all dangers of navigation and collision 
and to any special circumstances, including the limitations of 
the vessels involved, which may make a departure from these 
Rules necessary to avoid immediate danger.

                                [RULE 3

                          [General Definitions

    [For the purpose of these Rules and this Act, except where 
the context otherwise requires:
    [(a) The word ``vessel'' includes every description of 
water craft, including nondisplacement craft and seaplanes, 
used or capable of being used as a means of transportation on 
water;
    [(b) The term ``power-driven vessel'' means any vessel 
propelled by machinery;
    [(c) The term ``sailing vessel'' means any vessel under 
sail provided that propelling machinery, if fitted, is not 
being used;
    [(d) The term ``vessel engaged in fishing'' means any 
vessel fishing with nets, lines, trawls, or other fishing 
apparatus which restricts maneuverability but does not include 
a vessel fishing with trolling lines or other fishing apparatus 
which do not restrict maneuverability;
    [(e) The word ``seaplane'' includes any aircraft designed 
to maneuver on the water;
    [(f) The term ``vessel not under command'' means a vessel 
which through some exceptional circumstance is unable to 
maneuver as required by these Rules and is therefore unable to 
keep out of the way of another vessel;
    [(g) The term ``vessel restricted in her ability to 
maneuver'' means a vessel which from the nature of her work is 
restricted in her ability to maneuver as required by these 
Rules and is therefore unable to keep out of the way of another 
vessel; vessels restricted in their ability to maneuver 
include, but are not limited to:
          [(i) a vessel engaged in laying, servicing, or 
        picking up a navigation mark, submarine cable, or 
        pipeline;
          [(ii) a vessel engaged in dredging, surveying, or 
        underwater operations;
          [(iii) a vessel engaged in replenishment or 
        transferring persons, provisions, or cargo while 
        underway;
          [(iv) a vessel engaged in the launching or recovery 
        of aircraft;
          [(v) a vessel engaged in mineclearance operations; 
        and
          [(vi) a vessel engaged in a towing operation such as 
        severely restricts the towing vessel and her tow in 
        their ability to deviate from their course.
    [(h) The word ``underway'' means that a vessel is not at 
anchor, or made fast to the shore, or aground;
    [(i) The words ``length'' and ``breadth'' of a vessel means 
her length overall and greatest breadth;
    [(j) Vessels shall be deemed to be in sight of one another 
only when one can be observed visually from the other;
    [(k) The term ``restricted visibility'' means any condition 
in which visibility is restricted by fog, mist, falling snow, 
heavy rainstorms, sandstorms, or any other similar causes;
    [(l) ``Western Rivers'' means the Mississippi River, its 
tributaries, South Pass, and Southwest Pass, to the 
navigational demarcation lines dividing the high seas from 
harbors, rivers, and other inland waters of the United States, 
and the Port Allen-Morgan City Alternate Route, and that part 
of the Atchafalaya River above its junction with the Port 
Allen-Morgan City Alternate Route including the Old River and 
the Red River.
    [(m) ``Great Lakes'' means the Great Lakes and their 
connecting and tributary waters including the Calumet River as 
far as the Thomas J. O'Brien Lock and Controlling Works 
(between mile 326 and 327), the Chicago River as far as the 
east side of the Ashland Avenue Bridge (between mile 321 and 
322), and the Saint Lawrence River as far east as the lower 
exist of Saint Lambert Lock;
    [(n) ``Secretary'' means the Secretary of the department in 
which the Coast Guard is operating;
    [(o) ``Inland Waters'' means the navigable waters of the 
United States shoreward of the navigational demarcation lines 
dividing the high seas from harbors, rivers, and other inland 
waters of the United States and the waters of the Great Lakes 
on the United States side of the International Boundary;
    [(p) ``Inland Rules'' or ``Rules'' mean the Inland 
Navigational Rules and the annexes thereto, which govern the 
conduct of vessels and specify the lights, shapes, and sound 
signals that apply on inland waters; and
    [(q) ``International Regulations'' means the International 
Regulations for Preventing Collisions at Sea, 1972, including 
annexes currently in force for the United States.

                  [PART B--STEERING AND SAILING RULES

     [Subpart I--Conduct of Vessels in Any Condition of Visibility

                                [RULE 4

                              [Application

    [Rules in this subpart apply in any condition of 
visibility.

                                [RULE 5

                               [Look-out

    [Every vessel shall at all times maintain a proper look-out 
by sight and hearing as well as by all available means 
appropriate in the prevailing circumstances and conditions so 
as to make a full appraisal of the situation and of the risk of 
collision.

                                [RULE 6

                              [Safe Speed

    [Every vessel shall at all times proceed at a safe speed so 
that she can take proper and effective action to avoid 
collision and be stopped within a distance appropriate to the 
prevailing circumstances and conditions.
    [In determining a safe speed the following factors shall be 
among those taken into account:
    [(a) By all vessels:
          [(i) the state of visibility;
          [(ii) the traffic density including concentration of 
        fishing vessels or any other vessels;
          [(iii) the maneuverability of the vessel with special 
        reference to stopping distance and turning ability in 
        the prevailing conditions;
          [(iv) at night the presence of background light such 
        as from shores lights or from back scatter of her own 
        lights;
          [(v) the state of wind, sea, and current, and the 
        proximity of navigational hazards;
          [(vi) the draft in relation to the available depth of 
        water.
    [(b) Additionally, by vessels with operational radar;
          [(i) the characteristics, efficiency and limitations 
        of the radar equipment;
          [(ii) any constraints imposed by the radar range 
        scale in use;
          [(iii) the effect on radar detection of the sea 
        state, weather, and other sources of interference;
          [(iv) the possibility that small vessels, ice and 
        other floating objects may not be detected by radar at 
        an adequate range;
          [(v) the number, location, and movement of vessels 
        detected by radar; and
          [(vi) the more exact assessment of the visibility 
        that may be possible when radar is used to determine 
        the range of vessels or other objects in the vicinity.

                                [RULE 7

                           [Risk of Collision

    [(a) Every vessel shall use all available means appropriate 
to the prevailing circumstances and conditions to determine if 
risk of collision exists. If there is any doubt such risk shall 
be deemed to exist.
    [(b) Proper use shall be made of radar equipment if fitted 
and operational, including long-range scanning to obtain early 
warning of risk of collision and radar plotting or equivalent 
systematic observation of detected objects.
    [(c) Assumptions shall not be made on the basis of scanty 
information, especially scanty radar information.
    [(d) In determining if risk of collision exists the 
following considerations shall be among those taken into 
account:
          [(i) such risk shall be deemed to exist if the 
        compass bearing of an approaching vessel does not 
        appreciably change; and
          [(ii) such risk may sometimes exist even when an 
        appreciable bearing change is evident, particularly 
        when approaching a very large vessel or a tow or when 
        approaching a vessel at close range.

                                [RULE 8

                       [Action To Avoid Collision

    [(a) Any action taken to avoid collision shall, if the 
circumstances of the case admit, be positive, made in ample 
time and with due regard to the observance of good seamanship.
    [(b) Any alteration of course or speed to avoid collision 
shall, if the circumstances of the case admit, be large enough 
to be readily apparent to another vessel observing visually or 
by radar; a succession of small alterations of course or speed 
should be avoided.
    [(c) If there is sufficient sea room, alteration of course 
alone may be the most effective action to avoid a close-
quarters situation provided that it is made in good time, is 
substantial and does not result in another close-quarters 
situation.
    [(d) Action taken to avoid collision with another vessel 
shall be such as to result in passing at a safe distance. The 
effectiveness of the action shall be carefully checked until 
the other vessel is finally past and clear.
    [(e) If necessary to avoid collision or allow more time to 
assess the situation, a vessel shall slacken her speed or take 
all way off by stopping or reversing her means of propulsion.
    [(f)(i) A vessel which, by any of these Rules, is required 
not to impede the passage or safe passage of another vessel 
shall, when required by the circumstances of the case, take 
early action to allow sufficient sea room for the safe passage 
of the other vessel.
    [(ii) A vessel required not to impede the passage or safe 
passage of another vessel is not relieved of this obligation if 
approaching the other vessel so as to involve risk of collision 
and shall, when taking action, have full regard to the action 
which may be required by the Rules of this part.
    [(iii) A vessel the passage of which is not to be impeded 
remains fully obliged to comply with the Rules of this part 
when the two vessels are approaching one another so as to 
involve risk of collision.

                                [RULE 9

                            [Narrow Channels

    [(a)(i) A vessel proceeding along the course of a narrow 
channel or fairway shall keep as near to the outer limit of the 
channel or fairway which lies on her starboard side as is safe 
and practicable.
    [(ii) Notwithstanding paragraph (a)(i) and Rule 14(a), a 
power-driven vessel operating in narrow channels or fairways on 
the Great Lakes, Western Rivers, or waters specified by the 
Secretary, and proceeding downbound with a following current 
shall have the right-of-way over an upbound vessel, shall 
propose the manner and place of passage, and shall initiate the 
maneuvering signals prescribed by Rule 34(a)(i), as 
appropriate. The vessel proceeding upbound against the current 
shall hold as necessary to permit safe passing.
    [(b) A vessel of less than 20 meters in length or a sailing 
vessel shall not impede the passage of a vessel that can safely 
navigate only within narrow channel or fairway.
    [(c) A vessel engaged in fishing shall not impede the 
passage of any other vessel navigating within a narrow channel 
or fairway.
    [(d) A vessel shall not cross a narrow channel or fairway 
if such crossing impedes the passage of a vessel can safely 
navigate only within that channel or fairway. The latter vessel 
shall use the danger signal prescribed in Rule 34(d) if in 
doubt as to the intention of the crossing vessel.
    [(e)(i) In a narrow channel or fairway when overtaking, the 
power-driven vessel intending to overtake another power-driven 
vessel shall indicate her intention by sounding the appropriate 
signal prescribed in Rule 34(c) and take steps to permit safe 
passing. The power-driven vessel being overtaken, if in 
agreement, shall sound the same signal and may, if specifically 
agreed to take steps to permit safe passing. If in doubt she 
shall sound the danger signal prescribed in Rule 34(d).
    [(ii) This Rule does not relieve the overtaking vessel of 
her obligation under Rule 13.
    [(f) A vessel nearing a bend or an area of a narrow channel 
or fairway where other vessels may be obscured by an 
intervening obstruction shall navigate with particular 
alertness and caution and shall sound the appropriate signal 
prescribed in Rule 34(e).
    [(g) Every vessel shall, if the circumstances of the case 
admit, avoid anchoring in a narrow channel.

                                [RULE 10

                      [Traffic Separation Schemes

    [(a) This Rule applies to traffic separation schemes and 
does not relieve any vessel of her obligation under any other 
Rule.
    [(b) A vessel using a traffic separation scheme shall:
          [(i) proceed in the appropriate traffic lane in the 
        general direction of traffic flow for that lane;
          [(ii) so far as practicable keep clear of a traffic 
        separation line or separation zone;
          [(iii) normally join or leave a traffic lane at the 
        termination of the lane, but when joining or leaving 
        from either side shall do so at as small an angle to 
        the general direction of traffic flow as practicable.
    [(c) A vessel shall, so far as practicable, avoid crossing 
traffic lanes but if obliged to do so shall cross on a heading 
as nearly as practicable at right angles to the general 
direction of traffic flow.
    [(d)(i) A vessel shall not use an inshore traffic zone when 
she can safely use the appropriate traffic lane within the 
adjacent traffic separation scheme. However, vessels of less 
than twenty meters in length, sailing vessels, and vessels 
engaged in fishing may use the inshore traffic zone.
    [(ii) Notwithstanding subparagraph (d)(i), a vessel may use 
an inshore traffic zone when en route to or from a port, 
offshore installation or structure, pilot station, or any other 
place situated within the inshore traffic zone, or to avoid 
immediate danger.
    [(e) A vessel other than a crossing vessel or a vessel 
joining or leaving a lane shall not normally enter a separation 
zone or cross a separation line except:
          [(i) in cases of emergency to avoid immediate danger, 
        or
          [(ii) to engage in fishing within a separation zone.
    [(f) A vessel navigating in areas near the terminations of 
traffic separation schemes shall do so with particular caution.
    [(g) A vessel shall so far as practicable avoid anchoring 
in a traffic separation scheme or in areas near its 
terminations.
    [(h) A vessel not using a traffic separation scheme shall 
avoid it by as wide a margin as is practicable.
    [(i) A vessel engaged in fishing shall not impede the 
passage of any vessel following a traffic lane.
    [(j) A vessel of less than twenty meters in length or a 
sailing vessel shall not impede the safe passage of a power-
driven vessel following a traffic lane.
    [(k) A vessel restricted in her ability to maneuver when 
engaged in an operation for the maintenance of safety of 
navigation in a traffic separation scheme is exempted from 
complying with this Rule to the extent necessary to carry out 
the operation.
    [(l) A vessel restricted in her ability to maneuver when 
engaged in an operation for the laying, servicing, or picking 
up of a submarine cable, within a traffic separation scheme, is 
exempted from complying with this Rule to the extent necessary 
to carry out the operation.

                                [RULE 11

                              [Application

    [Rules in this subpart apply to vessels in sight of one 
another.

                                [RULE 12

                            [Sailing Vessels

    [(a) When two sailing vessels are approaching one another, 
so as to involve risk of collision, one of them shall keep out 
of the way of the other as follows:
          [(i) when each has the wind on a different side, the 
        vessel which has the wind on the port side shall keep 
        out of the way of the other;
          [(ii) when both have the wind on the same side, the 
        vessel which is to windward shall keep out of the way 
        of the vessel which is to leeward; and
          [(iii) if a vessel with the wind on the port side 
        sees a vessel to windward and cannot determine with 
        certainty whether the other vessel has the wind on the 
        port or on the starboard side, she shall keep out of 
        the way of the other.
    [(b) For the purpose of this Rule the windward side shall 
be deemed to be the side opposite to that on which the mainsail 
is carried or, in the case of a square-rigged vessel, the side 
opposite to that on which the largest fore-and-aft sail is 
carried.

                                [RULE 13

                              [Overtaking

    [(a) Notwithstanding anything contained in Rules 4 through 
18, any vessel overtaking any other shall keep out of the way 
of the vessel being overtaken.
    [(b) A vessel shall be deemed to be overtaking when coming 
up with another vessel from a direction more than 22.5 degrees 
abaft her beam; that is, in such a position with reference to 
the vessel she is overtaking, that at night she should be able 
to see only the sternlight of that vessel but neither of her 
sidelights.
    [(c) When a vessel is in any doubt as to whether she is 
overtaking another, she shall assume that this is the case and 
act accordingly.
    [(d) Any subsequent alteration of the bearing between the 
two vessels shall not make the overtaking vessel a crossing 
vessel within the meaning of these Rules or relieve her of the 
duty of keeping clear of the overtaken vessel until she is 
finally past and clear.

                                [RULE 14

                           [Head-on Situation

    [(a) Unless otherwise agreed, when two power-driven vessels 
are meeting on reciprocal or nearly reciprocal courses so as to 
involve risk of collision each shall alter her course to 
starboard so that each shall pass on the port side of the 
other.
    [(b) Such a situation shall be deemed to exist when a 
vessel sees the other ahead or nearly ahead and by night she 
could see the masthead lights of the other in a line or nearly 
in a line or both sidelights and by day she observes the 
corresponding aspect of the other vessel.
    [(c) When a vessel is in any doubt as to whether such a 
situation exists she shall assume that it does exist and act 
accordingly.
    [(d) Notwithstanding paragraph (a) of this Rule, a power-
driven vessel operating on the Great Lakes, Western Rivers, or 
waters specified by the Secretary, and proceeding downbound 
with a following current shall have the right-of-way over an 
upbound vessel, shall propose the manner of passage, and shall 
initiate the maneuvering signals prescribed by Rule 34(a)(i), 
as appropriate.

                                [RULE 15

                          [Crossing Situation

    [(a) When two power-driven vessels are crossing so as to 
involve risk of collision, the vessel which has the other on 
her starboard side shall keep out of the way and shall, if the 
circumstances of the case admit, avoid crossing ahead of the 
other vessel.
    [(b) Notwithstanding paragraph (a), on the Great Lakes, 
Western Rivers, or water specified by the Secretary, a power-
driven vessel crossing a river shall keep out of the way of a 
power-driven vessel ascending or descending the river.

                                [RULE 16

                       [Action by Give-Way Vessel

    [Every vessel which is directed to keep out of the way of 
another vessel shall, so far as possible, take early and 
substantial action to keep well clear.

                                [RULE 17

                       [Action by Stand-on Vessel

    [(a)(i) Where one of two vessels is to keep out of the way, 
the other shall keep her course and speed.
    [(ii) The latter vessel may, however, take action to avoid 
collision by her maneuver alone, as soon as it becomes apparent 
to her that the vessel required to keep out of the way is not 
taking appropriate action in compliance with these Rules.
    [(b) When, from any cause, the vessel required to keep her 
course and speed finds herself so close that collision cannot 
be avoided by the action of the give-way vessel alone, she 
shall take such action as will best aid to avoid collision.
    [(c) A power-driven vessel which takes action in a crossing 
situation in accordance with subparagraph (a)(ii) of this Rule 
to avoid collision with another power-driven vessel shall, if 
the circumstances of the case admit, not alter course to port 
for a vessel on her own port side.
    [(d) This Rule does not relieve the give-way vessel of her 
obligation to keep out of the way.

                                [RULE 18

                   [Responsibilities Between Vessels

    [Except where Rules 9, 10, and 13 otherwise require:
    [(a) A power-driven vessel underway shall keep out of the 
way of:
          [(i) a vessel not under command;
          [(ii) a vessel restricted in her ability to maneuver;
          [(iii) a vessel engaged in fishing; and
          [(iv) a sailing vessel.
    [(b) A sailing vessel underway shall keep out of the way 
of:
          [(i) a vessel not under command;
          [(ii) a vessel restricted in her ability to maneuver; 
        and
          [(iii) a vessel engaged in fishing.
    [(c) A vessel engaged in fishing when underway shall, so 
far as possible, keep out of the way of:
          [(i) a vessel not under command; and
          [(ii) a vessel restricted in her ability to maneuver.
    [(d) A seaplane on the water shall, in general, keep well 
clear of all vessels and avoid impeding their navigation. In 
circumstances, however, where risk of collision exists, she 
shall comply with the Rules of this Part.

       [Subpart III--Conduct of Vessels in Restricted Visibility

                                [RULE 19

              [Conduct of Vessels in Restricted Visibility

    [(a) This Rule applies to vessels not in sight of one 
another when navigating in or near an area of restricted 
visibility.
    [(b) Every vessel shall proceed at a safe speed adapted to 
the prevailing circumstances and conditions of restricted 
visibility. A power-driven vessel shall have her engines ready 
for immediate maneuver.
    [(c) Every vessel shall have due regard to the prevailing 
circumstances and conditions of restricted visibility when 
complying with Rules 4 through 10.
    [(d) A vessel which detects by radar alone the presence of 
another vessel shall determine if a close-quarters situation is 
developing or risk of collision exists. If so, she shall take 
avoiding action in ample time, provided that when such action 
consists of an alteration of course, so far as possible the 
following shall be avoided:
          [(i) an alteration of course to port for a vessel 
        forward of the beam, other than for a vessel being 
        overtaken; and
          [(ii) an alteration of course toward a vessel abeam 
        or abaft the beam.
    [(e) Except where it has been determined that a risk of 
collision does not exist, every vessel which hears apparently 
forward of her beam the fog signal of another vessel, or which 
cannot avoid a close-quarters situation with another vessel 
forward of her beam, shall reduce her speed to the minimum at 
which she can be kept on course. She shall if necessary take 
all her way off and, in any event, navigate with extreme 
caution until danger of collision is over.

                       [PART C--LIGHTS AND SHAPES

                                [RULE 20

                              [Application

    [(a) Rules in this Part shall be complied with in all 
weathers.
    [(b) The Rules concerning lights shall be complied with 
from sunset to sunrise, and during such times no other lights 
shall be exhibited, except such lights as cannot be mistaken 
for the lights specified in these Rules or do not impair their 
visibility or distinctive character, or interfere with the 
keeping of a proper lookout.
    [(c) The lights prescribed by these Rules shall, if 
carried, also be exhibited from sunrise to sunset in restricted 
visibility and may be exhibited in all other circumstances when 
it is deemed necessary.
    [(d) The Rules concerning shapes shall be complied with by 
day.
    [(e) The lights and shapes specified in these Rules shall 
comply with the provisions of Annex I of these Rules.

                                [RULE 21

                              [Definitions

    [(a) ``Masthead light'' means a white light placed over the 
fore and aft centerline of the vessel showing an unbroken light 
over an arc of the horizon of 225 degrees and so fixed as to 
show the light from right ahead to 22.5 degrees abaft the beam 
on either side of the vessel, except that on a vessel of less 
than 12 meters in length the masthead light shall be placed as 
nearly as practicable to the fore and aft certerline of the 
vessel.
    [(b) ``Sidelights'' mean a green light on the starboard 
side and a red light on the port side each showing an unbroken 
light over an arc of the horizon of 112.5 degrees and so fixed 
as to show the light from right ahead to 22.5 degrees abaft the 
beam on its respective side. On a vessel of less than 20 meters 
in length the side lights may be combined in one lantern 
carried on the fore and aft centerline of the vessel, except 
that on a vessel of less than 12 meters in length the 
sidelights when combined in one lantern shall be placed as 
nearly as practicable to the fore and aft centerline of the 
vessel.
    [(c) ``Sternlight'' means a white light placed as nearly as 
practicable at the stern showing an unbroken light over an arc 
of the horizon of 135 degrees and so fixed as to show the light 
67.5 degrees from right aft on each side of the vessel.
    [(d) ``Towing light'' means a yellow light having the same 
characteristics as the ``sternlight'' defined in paragraph (c) 
of this Rule.
    [(e) ``All-round light'' means a light showing an unbroken 
light over an arc of the horizon of 360 degrees.
    [(f) ``Flashing light'' means a light flashing at regular 
intervals at a frequency of 120 flashes or more per minute.
    [(g) ``Special flashing light'' means a yellow light 
flashing at regular intervals at a frequency of 50 to 70 
flashes per minute, placed as far forward and as nearly as 
practicable on the fore and aft centerline of the tow and 
showing an unbroken light over an arc of the horizon of not 
less than 180 degrees nor more than 225 degrees and so fixed as 
to show the light from right ahead to abeam and no more than 
22.5 degrees abaft the beam on either side of the vessel.

                                [RULE 22

                         [Visibility of Lights

    [The lights prescribed in these Rules shall have an 
intensity as specified in Annex I to these Rules, so as to be 
visible at the following minimum ranges:
    [(a) In a vessel of 50 meters or more in length:
          [a masthead light, 6 miles;
          [a sidelight, 3 miles;
          [a sternlight, 3 miles;
          [a towing light, 3 miles;
          [a white, red, green or yellow all-around light, 3 
        miles; and
          [a special flashing light, 2 miles.
    [(b) In a vessel of 12 meters or more in length but less 
than 50 meters in length:
          [a masthead light, 5 miles; except that where the 
        length of the vessel is less than 20 meters; 3 miles;
          [a sidelight, 2 miles;
          [a sternlight, 2 miles;
          [a towing light, 2 miles;
          [a white, red, green or yellow all-round light, 2 
        miles; and
          [a special flashing light, 2 miles.
    [(c) In a vessel of less than 12 meters in length:
          [a masthead light, 2 miles;
          [a sidelight, 1 mile;
          [ a sternlight, 2 miles;
          [a towing light, 2 miles;
          [a white, red, green or yellow all-round light, 2 
        miles; and
          [a special flashing light, 2 miles.
    [(d) In an inconspicuous, partly submerged vessel or object 
being towed:
          [a white all-round light, 3 miles.

                                [RULE 23

                     [Power-Driven Vessels Underway

    [(a) A power-driven vessel underway shall exhibit:
          [(i) a masthead light forward;
          [(ii) a second masthead light abaft of and higher 
        than the forward one; except that a vessel of less than 
        50 meters in length shall not be obliged to exhibit 
        such light but may do so;
          [(iii) sidelights; and
          [(iv) a sternlight.
    [(b) An air-cushion vessel when operating in the 
nondisplacement mode shall, in addition to the lights 
prescribed in paragraph (a) of this Rule, exhibit an all-round 
flashing yellow light where it can best be seen.
    [(c) A power-driven vessel of less than 12 meters in 
lengthy may, in lieu of the lights prescribed in paragraph (a) 
of this Rule, exhibit an all-round white light and sidelights.
    [(d) A power-driven vessel when operating on the Great 
Lakes may carry an all-round white light in lieu of the second 
masthead light and sternlight prescribed in paragraph (a) of 
this Rule. The light shall be carried in the position of the 
second masthead light and be visible at the same minimum range.

                                [RULE 24

                          [Towing and Pushing

    [(a) A power-driven vessel when towing astern shall 
exhibit:
          [(i) instead of the light prescribed either in Rule 
        23(a)(i) or 22(a)(ii), two masthead lights in a 
        vertical line. When the length of the tow, measuring 
        from the stern of the towing vessel to the after end of 
        the tow exceeds 200 meters, three such lights in a 
        vertical line;
          [(ii) sidelights;
          [(iii) a sternlight;
          [(iv) a towing light in a vertical line above the 
        sternlight; and
          [(v) when the length of the tow exceeds 200 meters, a 
        diamond shape where it can best be seen.
    [(b) When a pushing vessel and a vessel being pushed ahead 
are rigidly connected in a composite unit they shall be 
regarded as a power-driven vessel and exhibit the lights 
prescribed in Rule 23.
    [(c) A power-driven vessel when pushing ahead or towing 
alongside, except as required by paragraph (b) and (i) of this 
Rule, shall exhibit:
          [(i) instead of the light prescribed either in Rule 
        23(a)(i) or 23(a)(ii), two mastheads lights in a 
        vertical line;
          [(ii) sidelights; and
          [(iii) two towing lights in a vertical line.
    [(d) A power-driven vessel to which paragraphs (a) or (c) 
of this Rule apply shall also comply with Rule 23(a)(i) and 
23(a)(ii).
    [(e) A vessel or object other than those referred to in 
paragraph (g) of this Rule being towed shall exhibit:
          [(i) sidelights;
          [(ii) a sternlight; and
          [(iii) when the length of the two exceeds 200 meters, 
        a diamond shape where it can best be seen.
    [(f) Provided that any number of vessels being towed 
alongside or pushed in a group shall be lighted as one vessel, 
except as provided in paragraph (iii):
          [(i) a vessel being pushed ahead, not being part of a 
        composite unit shall exhibit at the forward end, 
        sidelights and a special flashing light;
          [(ii) a vessel being towed alongside shall exhibit a 
        sternlight and at the forward end, sidelights and a 
        special flashing light; and
          [(iii) when vessels are towed alongside on both sides 
        of the towing vessels a stern light shall be exhibited 
        on the stern of the outboard vessel on each side of the 
        towing vessel, and a single set of sidelights as far 
        forward and as far outboard as is practicable, and a 
        single special flashing light.
    [(g) An inconspicuous, partly submerged vessel or object 
being towed shall exhibit;
          [(i) if it is less than 25 meters in breadth, one 
        all-round white light at or near each end;
          [(ii) if it is 25 meters or more in breadth, four 
        all-round white lights to mark its length and breadth;
          [(iii) if it exceeds 100 meters in length, additional 
        all-round white lights between the lights prescribed in 
        subparagraphs (i) and (ii) so that the distance between 
        the lights shall not exceed 100 meters: Provided, That 
        any vessels or objects being towed alongside each other 
        shall be lighted as one vessel or object;
          [(iv) a diamond shape at or near the aftermost 
        extremity of the last vessel or object being towed; and
          [(v) the towing vessel may direct a searchlight in 
        the direction of the tow to indicate its presence to an 
        approaching vessel.
    [(h) Where from any sufficient cause it is impracticable 
for a vessel or object being towed to exhibit the lights 
prescribed in paragraph (e) or (g) of this Rule, all possible 
measures shall be taken to light the vessel or object towed or 
at least to indicate the presence of the unlighted vessel or 
object.
    [(i) Notwithstanding paragraph (c), on the Western Rivers 
and on waters specified by the Secretary, a power-driven vessel 
when pushing ahead or towing alongside, except as paragraph (b) 
applies, shall exhibit:
          [(i) sidelights; and
          [(ii) two towing lights in a vertical line.
    [(j) Where from any sufficient cause it is impracticable 
for a vessel not normally engaged in towing operations to 
display the lights prescribed by paragraph (a), (c) or (i) of 
this Rule, such vessel shall not be required to exhibit those 
lights when engaged in towing another vessel in distress or 
otherwise in need of assistance. All possible measures shall be 
taken to indicate the nature of the relationship between the 
towing vessel and the vessel being assisted. The searchlight 
authorized by Rule 36 may be used to illuminate the tow.

                                [RULE 25

            [Sailing Vessels Underway and Vessels Under Oars

    [(a) A sailing vessel underway shall exhibit:
          [(i) sidelights; and
          [(ii) a sternlight.
    [(b) In a sailing vessel of less than 20 meters in length 
the lights prescribed in paragraph (a) of this Rule may be 
combined in one lantern carried at or near the top of the mast 
where it can best be seen.
    [(c) A sailing vessel underway may, in addition to the 
lights prescribed in paragraph (a) of this Rule, exhibit at or 
near the top of the mast, where they can best be seen, two all-
round lights in a vertical line, the upper being red and the 
lower green, but these lights shall not be exhibited in 
conjunction with the combined lantern permitted by paragraph 
(b) of this Rule.
    [(d)(i) A sailing vessel of less than 7 meters in length 
shall, if practicable, exhibit the lights prescribed in 
paragraph (a) or (b) of this Rule, but if she does not, she 
shall have ready at hand an electric torch or lighted lantern 
showing a white light which shall be exhibited in sufficient 
time to prevent collision.
    [(ii) A vessel under oars may exhibit the lights prescribed 
in this Rule for sailing vessels, but if she does not, she 
shall have ready at hand an electric torch or lighted lantern 
showing a white light which shall be exhibited in sufficient 
time to prevent collision.
    [(e) A vessel proceeding under sail when also being 
propelled by machinery shall exhibit forward where it can best 
be seen a conical shape, apex downward. A vessel of less than 
12 meters in length is not required to exhibit this shape, but 
may do so.

                                [RULE 26

                            [Fishing Vessels

    [(a) A vessel engaged in fishing, whether underway or at 
anchor, shall exhibit only the lights and shapes prescribed in 
this Rule.
    [(b) A vessel when engaged in trawling, by which is meant 
the dragging through the water of a dredge net or other 
apparatus used as a fishing appliance, shall exhibit:
          [(i) two all-round lights in a vertical line, the 
        upper being green and the lower white, or a shape 
        consisting of two cones with their apexes together in a 
        vertical line one above the other;
          [(ii) a masthead light abaft of and higher than the 
        all-round green light; a vessel of less than 50 meters 
        in length shall not be obliged to exhibit such a light 
        but may do so; and
          [(iii) when making way through the water, in addition 
        to the lights prescribed in this paragraph, sidelights 
        and a sternlight.
    [(c) A vessel engaged in fishing, other than trawling, 
shall exhibit:
          [(i) two all-round lights in a vertical line, the 
        upper being red and the lower white, or a shape 
        consisting of two cones with apexes together in a 
        vertical line one above the other;
          [(ii) when there is outlying gear extending more than 
        150 meters horizontally from the vessel, an all-round 
        white light or a cone apex upward in the direction of 
        the gear; and
          [(iii) when making way through the water, in addition 
        to the lights prescribed in this paragraph, sidelights 
        and a sternlight.
    [(d) The additional signals described in Annex II to these 
Rules apply to a vessel engaged in fishing in close proximity 
to other vessels engaged in fishing.
    [(e) A vessel when not engaged in fishing shall not exhibit 
the lights or shapes prescribed in this Rule, but only those 
prescribed for a vessel of her length.

                                [RULE 27

 [Vessels Not Under Command or Restricted in Their Ability To Maneuver

    [(a) A vessel not under command shall exhibit:
          [(i) two all-round red lights in a vertical line 
        where they can best be seen;
          [(ii) two balls or similar shapes in a vertical line 
        where they can best be seen; and
          [(iii) when making way through the water, in addition 
        to the lights prescribed in this paragraph, sidelights 
        and a sternlight.
    [(b) A vessel restricted in her ability to maneuver, except 
a vessel engaged in mineclearance operations, shall exhibit:
          [(i) three all-round lights in a vertical line where 
        they can best be seen. The highest and lowest of these 
        lights shall be red and the middle light shall be 
        white;
          [(ii) three shapes in a vertical line where they can 
        best be seen. The highest and lowest of these shapes 
        shall be balls and the middle one a diamond;
          [(iii) when making way through the water, masthead 
        lights, sidelights and a sternlight, in addition to the 
        lights prescribed in subparagraph (b)(i); and
          [(iv) when at anchor, in addition to the lights or 
        shapes prescribed in subparagraphs (b) (i) and (ii), 
        the light, lights or shapes prescribed in Rule 30.
    [(c) A vessel engaged in a towing operation which severely 
restricts the towing vessel and her tow in their ability to 
deviate from their course shall, in addition to the lights or 
shapes prescribed in subparagraphs (b) (i) and (ii) of this 
Rule, exhibit the lights or shape prescribed in Rule 24.
    [(d) A vessel engaged in dredging or underwater operations, 
when restricted in her ability to maneuver, shall exhibit the 
lights and shapes prescribed in subparagraphs (b) (i), (ii), 
and (iii) of this Rule and shall in addition, when an 
obstruction exists, exhibit:
          [(i) two all-round red lights or two balls in a 
        vertical line to indicate the side on which the 
        obstruction exists;
          [(ii) two all-round green lights or two diamonds in a 
        vertical line to indicate the side on which another 
        vessel may pass; and
          [(iii) when at anchor, the lights or shape prescribed 
        by this paragraph, instead of the lights or shapes 
        prescribe in Rule 30 for anchored vessels.
    [(e) Whenever the size of a vessel engaged in diving 
operations makes it impracticable to exhibit all lights and 
shapes prescribed in paragraph (d) of this Rule, the following 
shall instead be exhibited:
          [(i) Three all-round lights in a vertical line where 
        they can best be seen. The highest and lowest of these 
        lights shall be red and the middle light shall be 
        white.
          [(ii) A rigid replica of the international Code flag 
        ``A'' not less than 1 meter in height. Measures shall 
        be taken to ensure its all-round visibility.
    [(f) A vessel engaged in mineclearance operations shall, in 
addition to the lights prescribed for a power-driven vessel in 
Rule 23 or to the lights or shape prescribed for a vessel at 
anchor in Rule 30, as appropriate, exhibit three all-round 
green lights or three balls. One of these lights or shapes 
shall be exhibited near the foremast head and one at each end 
of the fore yard. These lights or shapes indicate that it is 
dangerous for another vessel to approach within 1,000 meters of 
the mineclearance vessel.
    [(g) A vessel of less than 12 meters in length, except when 
engaged in diving operations, is not required to exhibit the 
lights or shapes prescribed in this Rule.
    [(h) The signals prescribed in this Rule are not signals of 
vessels in distress and requiring assistance. Such signals are 
contained in Annex IV to these Rules.

                                [RULE 28

                              [[Reserved]


                                [RULE 29

                             [Pilot Vessels

    [(a) A vessel engaged on pilotage duty shall exhibit:
          [(i) at or near the masthead, two all-round lights in 
        a vertical line, the upper being white and the lower 
        red;
          [(ii) When underway, in addition, sidelights and a 
        sternlight; and
          [(iii) when at anchor, in addition to the lights 
        prescribed in subparagraph (i), the anchor light, 
        lights, or shape prescribed in Rule 30 for anchored 
        vessels.
    [(b) A pilot vessel when not engaged on pilotage duty shall 
exhibit the lights or shapes prescribed for a vessel of her 
length.

                                [RULE 30

                 [Anchored Vessels and Vessels Aground

    [(a) A vessel at anchor shall exhibit where it can best be 
seen:
          [(i) in the fore part, an all-round white light or 
        one ball; and
          [(ii) at or near the stern and at a lower level that 
        the light prescribed in subparagraph (i), an all-round 
        white light.
    [(b) A vessel of less than 50 meters in length may exhibit 
an all-round white light where it can best be seen instead of 
the lights prescribed in paragraph (a) of this Rule.
    [(c) A vessel at anchor may, and a vessel of 100 meters or 
more in length shall, also use the available working or 
equivalent lights to illuminate her decks.
    [(d) A vessel aground shall exhibit the lights prescribed 
in paragraph (a) or (b) of this Rule and in addition, if 
practicable, where they can best seen:
          [(i) two all-round red lights in a vertical line; and
          [(ii) three balls in a vertical line.
    [(e) A vessel of less than 7 meters in length, when at 
anchor, not in or near a narrow channel, fairway, anchorage, or 
where other vessels normally navigate, shall not be required to 
exhibit the lights or shape prescribed in paragraphs (a) and 
(b) of this Rule.
    [(f) A vessel of less than 12 meters in length when aground 
shall not be required to exhibit the lights or shapes 
prescribed in subparagraphs (d) (i) and (ii) of this Rule.
    [(g) A vessel of less than 20 meters in length, when at 
anchor in a special anchorage area designated by the Secretary, 
shall not be required to exhibit the anchor lights and shapes 
required by this Rule.

                                [RULE 31

                               [Seaplanes

    [Where it is impracticable for a seaplane to exhibit lights 
and shapes of the characteristics or in the positions 
prescribed in the Rules of this Part she shall exhibit lights 
and shapes as closely similar in characteristics and position 
as is possible.

                    [PART D--SOUND AND LIGHT SIGNALS

                                [RULE 32

                              [Definitions

    [(a) The word ``whistle'' means any sound signaling 
appliance capable of producing the prescribed blasts and which 
complies with specifications in Annex III to these Rules.
    [(b) The term ``short blast'' means a blast of about 1 
second's duration.
    [(c) The term ``prolonged blast'' means a blast of from 4 
to 6 seconds' duration.

                                [RULE 33

                      [Equipment for Sound Signals

    [(a) A vessel of 12 meters or more in length shall be 
provided with a whistle and a bell and a vessel of 100 meters 
or more in length shall, in addition, be provided with a gong, 
the tone and sound of which cannot be confused with that of the 
bell. The whistle, bell and gong shall comply with the 
specifications in Annex III to these Rules. The bell or gong or 
both may be replaced by other equipment having the same 
respective sound characteristics, provided that manual sounding 
of the prescribed signals shall always be possible.
    [(b) A vessel of less than 12 meters in length shall not be 
obliged to carry the sound signaling appliances prescribed in 
paragraph (a) of this Rule but if she does not, she shall be 
provided with some other means of making an efficient sound 
signal.

                                [RULE 34

                    [Maneuvering and Warning Signals

    [(a) When power-driven vessels are in sight of one another 
and meeting or crossing at a distance within half a mile of 
each other, each vessel underway, when maneuvering as 
authorized or required by these Rules:
          [(i) shall indicate that maneuver by the following 
        signals on her whistle: one short blast to mean ``I 
        intend to leave you on my port side''; two short blasts 
        to mean ``I intend to leave you on my starboard side''; 
        and three short blasts to mean ``I am operating astern 
        propulsion''.
          [(ii) upon hearing the one or two blast signal of the 
        other shall, if in agreement, sound the same whistle 
        signal and take the steps necessary to effect a safe 
        passing. If, however, from any cause, the vessel doubts 
        the safety of the proposed maneuver, she shall sound 
        the danger signal specified in paragraph (d) of this 
        Rule and each vessel shall take appropriate 
        precautionary action until a safe passing agreement is 
        made.
    [(b) A vessel may supplement the whistle signals prescribed 
in paragraph (a) of this Rule by light signals:
          [(i) These signals shall have the following 
        significance: one flash to mean ``I intend to leave you 
        my port side''; two flashes to mean ``I intend to leave 
        you on my starboard side''; three flashes to mean ``I 
        am operating astern propulsion'';
          [(ii) The duration of each flash shall be about 1 
        second; and
          [(iii) The light used for this signal shall, if 
        fitted, be one all-around white or yellow light, 
        visible at a minimum range of 2 miles, synchronized 
        with the whistle, and shall comply with the provisions 
        of Annex I to these Rules.
    [(c) When in sight of one another:
          [(i) a power-driven vessel intending to overtake 
        another power-driven vessel shall indicate her 
        intention by the following signals on her whistle: one 
        short blast to mean ``I intend to overtake you on your 
        starboard side''; two short blasts to mean ``I intend 
        to overtake you on your port side''; and
          [(ii) the power-driven vessel about to be overtaken 
        shall, if in agreement, sound a similar sound signal. 
        If in doubt she shall sound the danger signal 
        prescribed in paragraph (d).
    [(d) When vessels in sight of one another are approaching 
each other and from any cause either vessel fails to understand 
the intentions or actions of the other, or is in doubt whether 
sufficient action is being taken by the other to avoid 
collision, the vessel in doubt shall immediately indicate such 
doubt by giving at least five short and rapid blasts on the 
whistle. This signal may be supplemented by a light signal of 
at least five short and rapid flashes.
    [(e) A vessel nearing a bend or an area of a channel or 
fairway where other vessels may be obscured by an intervening 
obstruction shall sound one prolonged blast. This signal shall 
be answered with a prolonged blast by any approaching vessel 
that may be within hearing around the bend or behind the 
intervening obstruction.
    [(f) If whistles are fitted on a vessel at a distance apart 
or more than 100 meters, one whistle only shall be used for 
giving maneuvering and warning signals.
    [(g) When a power-driven vessel is leaving a dock or berth, 
she shall sound one prolonged blast.
    [(h) A vessel that reaches agreement with another vessel in 
a head-on, crossing, or overtaking situation, as for example, 
by using the radiotelephone as prescribed by the Vessel Bridge-
to-Bridge Radiotelephone Act (85 Stat. 164; 33 U.S.C. 1201 et 
seq.), is not obliged to sound the whistle signals prescribed 
by this rule, but may do so. If agreement is not reached, then 
whistle signals shall be exchanged in a timely manner and shall 
prevail.

                                [RULE 35

                [Sound Signals in Restricted Visibility

    [In or near an area of restricted visibility, whether by 
day or night, the signals prescribed in this Rule shall be used 
as follows:
    [(a) A power-driven vessel making way through the water 
shall sound at intervals of not more than 2 minutes one 
prolonged blast.
    [(b) A power-driven vessel underway but stopped and making 
no way through the water shall sound at intervals of not more 
than 2 minutes two prolonged blasts in succession with an 
interval of about 2 seconds between them.
    [(c) A vessel not under command; a vessel restricted in her 
ability to maneuver, whether underway or at anchor; a sailing 
vessel; a vessel engaged in fishing, whether underway or at 
anchor; and a vessel engaged in towing or pushing another 
vessel shall, instead of the signals prescribed in paragraphs 
(a) or (b) of this Rule, sound at intervals of not more than 2 
minutes, three blasts in succession; namely, one prolonged 
followed by two short blasts.
    [(d) A vessel towed or if more than one vessel is towed the 
last vessel of the tow, if manned, shall at intervals of not 
more than 2 minutes sound four blasts in succession; namely, 
one prolonged followed by three short blasts. When practicable, 
this signal shall be made immediately after the signal made by 
the towing vessel.
    [(e) When a pushing vessel and a vessel being pushed ahead 
are rigidly connected in a composite unit they shall be 
regarded as a power-driven vessel and shall give the signals 
prescribed in paragraphs (a) or (b) of this Rule.
    [(f) A vessel at anchor shall at intervals of not more than 
1 minute ring the bell rapidly for 5 seconds. In a vessel of 
100 meters or more in length the bell shall be sounded in the 
forepart of the vessel and immediately after the ringing of the 
bell the gong shall be sounded rapidly for about 5 seconds in 
the after part of the vessel. A vessel at anchor may in 
addition sound three blasts in succession; namely, one short, 
one prolonged and one short blast, to give warning of her 
position and of the possibility of collision to an approaching 
vessel.
    [(g) A vessel aground shall give the bell signal and if 
required the gong signal prescribed in paragraph (f) of this 
Rule and shall, in addition, give three separate and distinct 
strokes on the bell immediately before and after the rapid 
ringing of the bell. A vessel aground may in addition sound an 
appropriate whistle signal.
    [(h) A vessel of less than 12 meters in length shall not be 
obliged to give the above-mentioned signals but, if she does 
not, shall make some other efficient sound signal at intervals 
of not more than 2 minutes.
    [(i) A pilot vessel when engaged on pilotage duty may in 
addition to the signals prescribed in paragraphs (a), (b) or 
(f) of this Rule sound an identity signal consisting of four 
short blasts.
    [(j) The following vessels shall not be required to sound 
signals as prescribed in paragraph (f) of this Rule when 
anchored in a special anchorage area designated by the 
Secretary:
          [(i) a vessel of less than 20 meters in length; and
          [(ii) a barge, canal boat, scow, or other nondescript 
        craft.

                                [RULE 36

                     [Signals To Attract Attention

    [If necessary to attract the attention of another vessel, 
any vessel may make light or sound signals that cannot be 
mistaken for any signal authorized elsewhere in these Rules, or 
may direct the beam of her searchlight in the direction of the 
danger, in such a way as not to embarrass any vessel.

                                [RULE 37

                           [Distress Signals

    [When a vessel is in distress and requires assistance she 
shall use or exhibit the signals described in Annex IV to these 
Rules.

                          [PART E--EXEMPTIONS

                                [RULE 38

                              [Exemptions

    [Any vessel or class of vessels, the keel of which is laid 
or which is at a corresponding stage of construction before the 
date of enactment of this Act, provided that she complies with 
the requirements of--
    [(a) The Act of June 7, 1897 (30 Stat. 96), as amended (33 
U.S.C. 154-232) for vessels navigating the waters subject to 
that statute;
    [(b) Section 4233 of the Revised Statutes (33 U.S.C. 301-
356) for vessels navigating the waters subject to that statute;
    [(c) The Act of February 8, 1895 (28 Stat. 645), as amended 
(33 U.S.C. 241-295) for vessels navigating the waters subject 
to that statute; or
    [(d) Sections 3, 4, and 5 of the Act of April 25, 1940 (54 
Stat. 163), as amended (46 U.S.C. 526 b, c, and d) for 
motorboats navigating the waters subject to that statute; shall 
be exempted from compliance with the technical Annexes to these 
Rules as follows:
          [(i) the installation of lights with ranges 
        prescribed in Rule 22, until 4 years after the 
        effective date of these Rules, except that vessels of 
        less than 20 meters in length are permanently exempt;
          [(ii) the installation of lights with color 
        specifications as prescribed in Annex I to these Rules, 
        until 4 years after the effective date of these Rules, 
        except that vessels of less than 20 meters in length 
        are permanently exempt;
          [(iii) the repositioning of lights as a result of 
        conversion to metric units and rounding off measurement 
        figures, are permanently exempt; and
          [(iv) the horizontal repositioning of masthead lights 
        prescribed by Annex I to these Rules:
                  [(1) on vessels of less than 150 meters in 
                length permanent exemption.
                  [(2) on vessels of 150 meters or more in 
                length, until 9 years after the effective date 
                of these Rules.
          [(v) the restructuring or repositioning of all lights 
        to meet the prescriptions of Annex I to these Rules, 
        until 9 years after the effective date of these Rules;
          [(vi) power-driver vessels of 12 meters or more but 
        less than 20 meters in length are permanently exempt 
        from the provisions of Rule 23(a)(i) and 23(a)(iv) 
        provided that, in place of these lights, the vessel 
        exhibits a white light aft visible all round the 
        horizon; and
          [(vii) the requirements for sound signal appliances 
        prescribed in Annex III to these Rules, until 9 years 
        after the effective date of these Rules.
    [Sec. 3. The Secretary may issue regulations necessary to 
implement and interpret this Act. The Secretary shall establish 
the following technical annexes to these Rules: Annex I, 
Positioning and Technical Details of Lights and Shapes; Annex 
II, Additional Signals for Fishing Vessels Fishing in Close 
Proximity; Annex III, Technical Details of Sound Appliances; 
and Annex IV, Distress Signals. These annexes shall be as 
consistent as possible with the respective annexes to the 
International Regulations. The Secretary may establish other 
technical annexes, including local pilot rules.]

           *       *       *       *       *       *       *


TITLE 46, UNITED STATES CODE

           *       *       *       *       *       *       *



Subtitle II--Vessels and Seamen

           *       *       *       *       *       *       *



                       Part A--General Provisions


CHAPTER 21--GENERAL

           *       *       *       *       *       *       *



Sec. 2110. Fees

  (a) * * *

           *       *       *       *       *       *       *

  (d)(1) * * *
  (2)(A) A Federal agency shall account for the agency's costs 
of collecting the fee or charge under this subsection as a 
reimbursable expense, and the costs shall be credited to the 
account from which expended.
  (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.

           *       *       *       *       *       *       *


Part B--Inspection and Regulations of Vessels

           *       *       *       *       *       *       *


CHAPTER 32--MANAGEMENT OF VESSELS

           *       *       *       *       *       *       *


Sec. 3202. Application

  [(a) Mandatory Application.--This chapter applies to the 
following vessels engaged on a foreign voyage:
          [(1) Beginning July 1, 1998--
                  [(A) a vessel transporting more than 12 
                passengers described in section 2101(21)(A) of 
                this title; and
                  [(B) a tanker, bulk freight vessel, or high-
                speed freight vessel, of at least 500 gross 
                tons.
          [(2) Beginning July 1, 2002, a freight vessel and a 
        self-propelled mobile offshore drilling unit of at 
        least 500 gross tons.]
  (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.

           *       *       *       *       *       *       *


Sec. 3203. Safety management system

  (a) * * *
  (b) Compliance With Code.--Regulations prescribed under this 
section shall be consistent with the International Safety 
Management Code with respect to [vessels engaged on a foreign 
voyage.] vessels to which this chapter applies under section 
3202(a) of this title.

           *       *       *       *       *       *       *


CHAPTER 33--INSPECTION GENERALLY

           *       *       *       *       *       *       *


Sec. 3303. Reciprocity for foreign vessels

  Except as provided in chapter 37 and section 3505 of this 
title, a foreign vessel of a country having inspection laws and 
standards similar to those of the United States and that has an 
unexpired certificate of inspection issued by proper authority 
of its respective country, is subject to an inspection to 
ensure that the condition of the vessel is as stated in its 
current certificate of inspection. A foreign country is 
considered to have inspection laws and standards similar to 
those of the United States when it is a party to an 
International Convention for Safety of Life at Sea to which the 
United States Government is currently a party. A foreign 
certificate of inspection may be accepted as evidence of lawful 
inspection only when presented by a vessel of a country that 
has by its laws accorded to vessels of the United States 
visiting that country the same privileges accorded to vessels 
of that country visiting the United States.

           *       *       *       *       *       *       *


CHAPTER 35--CARRIAGE OF PASSENGERS

           *       *       *       *       *       *       *


[Sec. 3505. Prevention of departure

  [Notwithstanding section 3303(a) of this title, a foreign 
vessel may not depart from a United States port with passengers 
who are embarked at that 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.]

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.

           *       *       *       *       *       *       *


CHAPTER 43--RECREATIONAL VESSELS

           *       *       *       *       *       *       *


Sec. 4311. Penalties and injunctions

  (a) * * *
  (b) [A person violating section 4307(a)(1) of this title is 
liable to the United States Government for a civil penalty of 
not more than $2,000, except that the maximum civil penalty may 
be not more than $100,000 for a related series of violations.] 
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. When a 
corporation violates section [4307(a)(1)] 4307(a), any 
director, officer, or executive employee of the corporation who 
knowingly and willfully ordered, or knowingly and willfully 
authorized, a violation is individually liable to the 
Government for the penalty, in addition to the corporation. 
However, the director, officer, or executive employee is not 
liable individually under this subsection if the director, 
officer, or executive employee can demonstrate by a 
preponderance of the evidence that--
          (1) * * *

           *       *       *       *       *       *       *


Part E--Merchant Seamen Licenses, Certificates, and Documents

           *       *       *       *       *       *       *


CHAPTER 73--MERCHANT MARINERS' DOCUMENTS

           *       *       *       *       *       *       *


Sec. 7319. Records of merchant mariners' documents

  The Secretary shall maintain records on each merchant 
mariner's document issued, including the name and address of 
the seaman to whom issued and the next of kin of the seaman. 
[The records are not open to general or public inspection.]

           *       *       *       *       *       *       *


CHAPTER 77--SUSPENSION AND REVOCATION

           *       *       *       *       *       *       *


Sec. 7702. Administrative procedure

  (a) * * *

           *       *       *       *       *       *       *

  (d)(1) The Secretary may temporarily, for not more than 45 
days, suspend and take possession of the license, certificate 
of registry, or merchant mariner's document held by an 
individual [if, when acting under the authority of that 
license, certificate, or document--] if--
          (A) * * *
          (B) there is probable cause to believe that the 
        individual--
                  (i) has, while acting under the authority of 
                that license, certificate, or document, 
                performed the safety sensitive function in 
                violation of law or Federal regulation 
                regarding use of alcohol or a dangerous drug;
                  (ii) has been convicted of an offense that 
                would prevent the issuance or renewal of the 
                license, certificate, or document; [or]
                  (iii) within the 3-year period preceding the 
                initiation of a suspension proceeding, has been 
                convicted of an offense described in section 
                205(a)(3)(A) or (B) of the National Driver 
                Register Act of 1982[.]; or
                  (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. 7703. Bases for suspension or revocation

  A license, certificate of registry, or merchant mariner's 
document issued by the Secretary may be suspended or revoked if 
the holder--
          (1) when acting under the authority of that license, 
        certificate, or document--
                  (A) * * *
                  (B) has committed an act of [incompetence,] 
                misconduct[,] or negligence;
          (2) is convicted of an offense that would prevent the 
        issuance or renewal of a license, certificate of 
        registry, or merchant mariner's document; [or]
          (3) within the 3-year period preceding the initiation 
        of the suspension or revocation proceeding is convicted 
        of an offense described in section 205(a)(3)(A) or (B) 
        of the National Driver Register Act of 1982 (23 U.S.C. 
        401 note)[.];
          (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. 7704. Dangerous drugs as grounds for revocation

  (b) If it is shown at a hearing under this chapter that a 
holder of a license, certificate of registry, or merchant 
mariner's document issued under this part, within 10 years 
before the beginning of the proceedings, has been convicted of 
violating a dangerous drug law of the United States or of a 
State, the license, certificate, or document shall be suspended 
or revoked.

           *       *       *       *       *       *       *


Part F--Manning of Vessels

           *       *       *       *       *       *       *


CHAPTER 89--SMALL VESSEL MANNING

           *       *       *       *       *       *       *


Sec. 8904. Towing vessels

  (a) * * *

           *       *       *       *       *       *       *

  (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).

           *       *       *       *       *       *       *


                   Part H--Identification of Vessels

CHAPTER 121--DOCUMENTATION OF VESSELS

           *       *       *       *       *       *       *


Sec. 12110. Limitations on operations authorized by certificates

  (a) * * *

           *       *       *       *       *       *       *

  (d) A documented vessel, other than a vessel with only a 
recreational endorsement or an unmanned barge not engaged on a 
coastwise voyage, may be placed under the command only of a 
citizen of the United States.

           *       *       *       *       *       *       *


Sec. 12120. Reports

  To ensure compliance with this chapter and laws governing the 
qualifications of vessels to engage in the coastwise trade and 
the fisheries, the Secretary of Transportation may require 
[owners and masters] owners, masters, and charterers of 
documented vessels to submit reports in any reasonable form and 
manner the Secretary may prescribe.

           *       *       *       *       *       *       *


Sec. 12122. Penalties

  (a) * * *
  (b) A vessel and its equipment are liable to seizure by and 
forfeiture to the United States Government--
          (1) * * *

           *       *       *       *       *       *       *

          (6) when a documented vessel, other than a vessel 
        with only a recreational endorsement or an unmanned 
        barge not engaged on a coastwise voyage, is placed 
        under the command of a person not a citizen of the 
        United States.

           *       *       *       *       *       *       *


Subtitle VI--Miscellaneous

           *       *       *       *       *       *       *


CHAPTER 701--PORT SECURITY

           *       *       *       *       *       *       *


Sec. 70114. Automatic identification systems

  (a) System Requirements.--(1) Subject to paragraph (2), the 
following vessels, while operating on the navigable waters of 
the United States, shall be equipped with and operate an 
automatic identification system, including an electronic chart 
and related display, under regulations prescribed by the 
Secretary:
          (A) * * *

           *       *       *       *       *       *       *

                              ----------                              


                 SECTION 5 OF THE ACT OF MARCH 23, 1906

            (POPULARLY KNOWN AS THE ``BRIDGE ACT OF 1906'')

 An Act To regulate the construction of bridges over navigable waters.

  Sec. 5. (a) * * *
  (b) Whoever violates any provision of this Act, or any order 
issued under this Act, shall be liable to a civil penalty of 
not more than [$1,000] $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. Each day a violation continues shall be deemed 
a separate offense. No penalty may be assessed under this 
subsection until the person charged is given notice and an 
opportunity for a hearing on the charge. The Secretary of 
Transportation may assess and collect any civil penalty 
incurred under this subsection and, in his discretion, may 
remit, mitigate, or compromise any penalty until the matter is 
referred to the Attorney General. If a person against whom a 
civil penalty is assessed under this subsection fails to pay 
that penalty, an action may be commenced in the district court 
of the United States for any district in which the violation 
occurs for such penalty.
                              ----------                              


                SECTION 5 OF THE ACT OF AUGUST 18, 1894

CHAP. 299.--An Act Making appropriations for the construction, repair, 
and preservation of certain public works on rivers and harbors, and for 
                            other purposes.

  Sec. 5. (a) * * *

           *       *       *       *       *       *       *

  (c) Whoever violates any rule or regulation issued under 
subsection (a) or (b), shall be liable to a civil penalty of 
not more than [$1,000] $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. No penalty may be assessed under this 
subsection until the person charged is given notice and an 
opportunity for a hearing on the charge. The Secretary of 
Transportation may assess and collect any civil penalty 
incurred under this subsection and, in his discretion, may 
remit, mitigate, or compromise any penalty until the matter is 
referred to the Attorney General. If a person against whom a 
civil penalty is assessed under this subsection fails to pay 
that penalty, an action may be commenced in the district court 
of the United States for any district in which the violation 
occurs for such penalty.
                              ----------                              


             SECTION 510 OF THE GENERAL BRIDGE ACT OF 1946

  Sec. 510. (a) * * *
  (b) Whoever violates any provision of this Act, or any order 
issued under this Act, shall be liable to a civil penalty of 
not more than [$1,000] $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. Each day a violation continues shall be deemed 
a separate offense. No penalty may be assessed under this 
subsection until the person charged is given notice and an 
opportunity for a hearing on the charge. The Secretary of 
Transportation may assess and collect any civil penalty 
incurred under this subsection and, in his discretion, may 
remit, mitigate, or compromise any penalty until the matter is 
referred to the Attorney General. If a person against whom a 
civil penalty is assessed under this subsection fails to pay 
that penalty, an action may be commenced in the district court 
of the United States for any district in which the violation 
occurs for such penalty.
                              ----------                              


         SECTION 311 OF THE FEDERAL WATER POLLUTION CONTROL ACT

                 OIL AND HAZARDOUS SUBSTANCE LIABILITY

      Sec. 311. (a) * * *

           *       *       *       *       *       *       *

      (j) National Response System.--
          (1) * * *

           *       *       *       *       *       *       *

          (5) Tank vessel, nontank vessel, and facility 
        response plans.--(A) The President shall issue 
        regulations which require an owner or operator of a 
        tank vessel, nontank vessel, or facility described in 
        subparagraph (B) to prepare and submit to the President 
        a plan for responding, to the maximum extent 
        practicable, to a worst case discharge, and to a 
        substantial threat of such a discharge, of oil or a 
        hazardous substance.
          (B) The tank vessels, nontank vessels, and facilities 
        referred to in subparagraph (A) are the following:
                  (i) * * *
                  (ii) A nontank vessel.
                  [(ii)] (iii) An offshore facility.
                  [(iii)] (iv) An onshore facility that, 
                because of its location, could reasonably be 
                expected to cause substantial harm to the 
                environment by discharging into or on the 
                navigable waters, adjoining shorelines, or the 
                exclusive economic zone.

           *       *       *       *       *       *       *

          (D) With respect to any response plan submitted under 
        this paragraph for an onshore facility that, because of 
        its location, could reasonably be expected to cause 
        significant and substantial harm to the environment by 
        discharging into or on the navigable waters or 
        adjoining shorelines or the exclusive economic zone, 
        and with respect to each response plan submitted under 
        this paragraph for a tank vessel, nontank vessel, or 
        offshore facility, the President shall--
                  (i) * * *

           *       *       *       *       *       *       *

                  (iii) approve any plan that meets the 
                requirements of this paragraph; [and]
                  (iv) review each plan periodically 
                thereafter[.]; and
                  (v) for nontank vessels, consider any 
                applicable State-mandated response plan and 
                ensure consistency to the extent practicable.
          (E) A tank vessel, nontank vessel, offshore facility, 
        or onshore facility required to prepare a response plan 
        under this subsection may not handle, store, or 
        transport oil unless--
                  (i) in the case of a tank vessel, nontank 
                vessel, offshore facility, or onshore facility 
                for which a response plan is reviewed by the 
                President under subparagraph (D), the plan has 
                been approved by the President; and

           *       *       *       *       *       *       *

          (F) Notwithstanding subparagraph (E), the President 
        may authorize a tank vessel, offshore facility, or 
        onshore facility to operate without a response plan 
        approved under this paragraph, until not later than 2 
        years after the date of the submission to the President 
        of a plan for the [tank] vessel or facility, if the 
        owner or operator certifies that the owner or operator 
        has ensured by contract or other means approved by the 
        President the availability of private personnel and 
        equipment necessary to respond, to the maximum extent 
        practicable, to a worst case discharge or a substantial 
        threat of such a discharge.
          (G) The owner or operator of a tank vessel, nontank 
        vessel, offshore facility, or onshore facility may not 
        claim as a defense to liability under title I of the 
        Oil Pollution Act of 1990 that the owner or operator 
        was acting in accordance with an approved response 
        plan.
          (H) The Secretary shall maintain, in the Vessel 
        Identification System established under chapter 125 of 
        title 46, United States Code, the dates of approval and 
        review of a response plan under this paragraph for each 
        tank vessel and nontank vessel that is a vessel of the 
        United States.
          (6) Equipment requirements and inspection.--[Not 
        later than 2 years after the date of enactment of this 
        section, the President shall require--] The President 
        may require--
                  (A) * * *
                  (B) vessels operating on navigable waters and 
                carrying oil or a hazardous substance in bulk 
                as cargo, and nontank vessels carrying oil of 
                any kind as fuel for main propulsion, to carry 
                appropriate removal equipment that employs the 
                best technology economically feasible and that 
                is compatible with the safe operation of the 
                vessel.
          (7) Area drills.--The President shall periodically 
        conduct drills of removal capability, without prior 
        notice, in areas for which Area Contingency Plans are 
        required under this subsection and under relevant tank 
        vessel, nontank vessel, and facility response plans. 
        The drills may include participation by Federal, State, 
        and local agencies, the owners and operators of vessels 
        and facilities in the area, and private industry. The 
        President may publish annual reports on these drills, 
        including assessments of the effectiveness of the plans 
        and a list of amendments made to improve plans.

           *       *       *       *       *       *       *

          (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.

           *       *       *       *       *       *       *

                              ----------                              


                       OIL POLLUTION ACT OF 1990

           TITLE I--OIL POLLUTION LIABILITY AND COMPENSATION

SEC. 1001. DEFINITIONS.

  For the purposes of this Act, the term--
          (1) * * *

           *       *       *       *       *       *       *

          [(26) ``owner or operator'' means (A) in the case of 
        a vessel, any person owning, operating, or chartering 
        by demise, the vessel, and (B) in the case of an 
        onshore facility, and an offshore facility, any person 
        owning or operating such onshore facility or offshore 
        facility, and (C) in the case of any abandoned offshore 
        facility, the person who owned or operated such 
        facility immediately prior to such abandonment;]
          (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;

           *       *       *       *       *       *       *

          (36) ``United States'' and ``State'' mean the several 
        States of the United States, the District of Columbia, 
        the Commonwealth of Puerto Rico, Guam, American Samoa, 
        the United States Virgin Islands, the Commonwealth of 
        the Northern Marianas, and any other territory or 
        possession of the United States; [and]
          (37) ``vessel'' means every description of watercraft 
        or other artificial contrivance used, or capable of 
        being used, as a means of transportation on water, 
        other than a public vessel[.];
          (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)).

           *       *       *       *       *       *       *


SEC. 1003. DEFENSES TO LIABILITY.

  (a) * * *

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *


                    TITLE IV--PREVENTION AND REMOVAL

Subtitle A--Prevention

           *       *       *       *       *       *       *


SEC. 4110. OVERFILL AND TANK LEVEL OR PRESSURE MONITORING DEVICES.

  (a) Standards.--[Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall] The Secretary may 
establish, by regulation, minimum standards for devices for 
warning persons of overfills and tank levels of oil in cargo 
tanks and devices for monitoring the pressure of oil cargo 
tanks.
  (b) Use.--[Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall] No sooner than 1 
year after the Secretary prescribes regulations under 
subsection (a), the Secretary may issue regulations 
establishing, consistent with generally recognized principles 
of international law, requirements concerning the use of--
          (1) * * *

           *       *       *       *       *       *       *

which are referred to in subsection (a) and which meet [the 
standards] any standards established by the Secretary under 
subsection (a), on vessels constructed or adapted to carry, or 
that carry, oil in bulk as cargo or cargo residue on the 
navigable waters and the waters of the exclusive economic zone.

           *       *       *       *       *       *       *


                                
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